amy: i went as one more question about judge bruce schroeder in the rittenhouse case.ressing the jury, he evoked the bible to explain that hearsay rule. >> this is referred to in the bible. st. paul when he was put on trial in -- i think it is -- well, it was in palestine, in israel. he was accused of some activity and he was a roman citizen, which was not common but he happened to have been a roman citizen. so he had rights that we share now as americans. a make of the judge also used his position on the bench to slam media coverage of the rittenhouse trial. here he is criticizing cnn for questioning his edict to attorneys not to refer to any of those shot by rittenhouse as "vtims." >> it s been on cnn, the comment was ma the ruling was inmprehensible. th obviously are not filiar with this rule. that is our law. amy: the significance of this, ben crump, invoking the bible and this whole issue of not being able to refer to the men who were killed as victims but possibly as looters or arsonists? >> it is very questionable. you think about the fact the defense should be

here is judge bruce schroeder directing. let's listen in. >> in any event, so anything i said about schedule is somewhat compromised. it would be ideal if we could finish on friday, but let's see what happens. anything else before we get started? >> your honor, one, my next witness is going to be dr. john black, and his testimony will involve a computer program and demonstrative evidence with all videos that have already been entered into evidence and how he establishes the times that he'll testify to. and what i'm asking the court to allow is to have him testify at this witness stand to my left so that he can be hooked into the cord and manipulate his computer. >> any objection to that? >> no. >> okay. >> and then there's the armstrong report, there's been new photographs and there's already been testimony about -- i shouldn't say photographs, enhancements of video evidence would be the correct statement. it's my understanding that mr. armstrong testified that the video program he uses is amped, and amped has an internal pr

. >> john: judge bruce schroeder in kenosha, wisconsin, calling a recess after the prosecutor thomas binger was trying to question drew hernandez about why he put together the two videos that he had recorded the night of august 25th, 2020. one video taken from the body cam are worn on the left side of his body and the other taken from his cell phone which he was holding in his right hand. for more on this, let's bring in jonathan turley, fox news contributor. i'm here with jacqui heinrich today, what's your sense of what the prosecutor was trying to do there? in my layman's eye he was trying to suggest that maybe the video had somehow been manipulated, that he wanted to show that there was some bias in the video that hernandez had provided the prosecution and the defense. >> i think it's even more serious than not. i think what the judge was upset with, and i would have been vociferously objecting as defense counsel is that the prosecutor seem to cross the line again. he asked the witness, did you get the assistance of an attorney? and he said, yeah. i supplied this evidence through

judge bruce schroeder banned msnbc from the court room the rest of the trial. this comes in response to kenosha police detaining a freelance producer working for msnbc who they believe was following the jury's bus last night to try to take pictures of them. according to the judge when officers pulled the producer over, he told them he had been instructed by his supervisor in new york to follow the bus. >> this is a very serious matter and i don't know what the ultimate truth of it is but absolutely, it would go without much thinking that somebody who was following a jury bus, that is a very -- an extremely serious matter. >> nbc news issued a statement saying while the traffic violation took place near the jury fan, the freelancer never contacted or intended to contact the jurors during deliberations or photograph or intended to photograph them. we regret the incident and will fully cooperate with the authorities on any investigation. it's important to note this jury has not been sequestered at any point during the trial and every day they have been brought to

but kenosha county circuit court judge bruce schroeder talking to attorneys earlier in the day hopefull be able to seat a jury before the day is over. >> is there anybody. >> who hasn't read or heard anything about this case kenosha county circuit court judge bruce schroeder addressing the enormous pretrial publicity surrounding the case, a case that has drawn national even international attention. judge schroder reminding potential jurors of their constitutional duty to be impartial whatever you've read or heard about the case before. >> you've been thinking about the case. you have to be in line with what these people who risk their lives for our freedom. >> asked of the violent actions of defendant kyle rittenhouse captured on video from multiple angles. those disturbing images aired countless times on local national and international. >> media outlets. an important part of this case. the enormous challenge for kenosha. prosecutors and defense lawyers alike. the seating, an impartial unbiased jury. this is what you're looking for, to work. you have to say. >> the pathetic. your posi

>> well, i think what we're seeing from bruce schroeder is a particular judge's particularities. s their idiosyncrasies, and fortunately or unfortunately, we are seeing judge schroeder's in the bright ly lights of the media in this national trial. i don't think he's being unfair to one side or the other in this particular case. i think he's protecting the rights of the accused which ultimately is one of his jobs as the judge overseeing this case. >> joey, not unfair to one side or the other, what do you think? >> listen, at the end of the day, a judge, remember this, victor, is like a referee. think about a sporting event where you have someone who's calling balls and strikes, blowing the whistle and ensuring the fairness of the proceedings, and so when you look at it from that perspective, the judge really lost it as it related to one of the lawyers, the prosecutor infringing upon the rights of really someone who has a right to remain silent. so the judge really lost it when it came to that. and i should say that there's a lot of observers who are looking saying, wow, what's happ

. >> reporter: judge bruce schroeder also addressing questions about why he allowed the defendant to pick the six alternate jurors instead of a court clerk, an uncommon practice, but one the judge says has been his policy for 20 years. >> i think people feel better when they have control. >> reporter: the judge also taking on public criticism of the attorneys in this case. >> i am going to think long and hard about live television in trial again next time. >> gabe, folks tend to read a lot into what the jury is asking for. how many questions do they have today? >> reporter: lester, they asked three questions today and spent about 45 minutes looking at various videos just a short time ago, the judge dismissed the jury for the night and they are expected back here to resume deliberations tomorrow morning. lester >> all right gabe, thank you. >>> with covid cases increasing again today, moderna today asked the fda to authorize booster shots of its vaccine for all adults pfizer has asked for similar emergency authorization, which is expected to come as early as this week separately, dr.

. >> reporter: some focusing their anger on judge bruce schroeder, who threw out a misdemeanor gun chargebasis of his interpretation of wisconsin law before jurors could deliberate on it. >> we saw incredible judicial bias by this judge, giving liberties that the average black and brown defendant that's here in kenosha county never receives. >> you have to understand, from day one the judge had his hand on the scale. he was doing everything he could to allow this young man to leave this courtroom clear and free. >> so you guys are full on ready to defend the property? >> yes, we are. >> reporter: rittenhouse's acquittal comes more than a year after protests spilled into the streets in the aftermath of the police shooting of jacob blake, a 29-year-old black man who was shot in the back seven times by white police officer in kenosha, wisconsin. [ gunshots ] >> all my grandson asked repeatedly is why did the police shoot my daddy in the back? >> reporter: the shooting sparking outrage. protesters demanding justice. but turning deadly when armed men who authorities called vigilantes clashed w

there's little doubt judge bruce schroeder is polarizing. >> incident raising with me. >> you know very well. you know very well that attorney can't go into these types of areas when the judge has already ruled without asking outside the presence of the jury to do so. >> i astonished. when you began your examination by commenting on the defendant's post arrest silence. that's basically it's been basic law in this country for 40 years. 50 years. i have no idea why he would do something like that and it gives side. well, ali, that that don't get it and other subjects get. come on. what you're telling me. you're an experienced trial attorney and you're telling me that when the judge says i'm excluding this. you just to take it upon yourself to put it in because you would think that you found a way around it come critics say too much of his personality has played out in court the actions >> ringing in the courtroom with greenwood's patriotic anthem. god bless the usa as his ring tie and a nice veterans day moment appeared to backfire, putting emphasis on a defense witness who was about to t

i will let judge bruce schroeder take it from here. >> james morrison who claimed he was a producer with news, in the supervision of someone in new york named irene for m s nbc. police when they stopped him inquired what was going on and he gave that information, stated he had been inspected in new york to follow the jury box. >> nbc responded saying the traffic violations are placed near the jury fan, the freelancer never contacted or intended to contact jurors during deliberations never photographed or intended to photograph. does anyone believe that, just tailing the jury bus, for fun, the police observed him following the bus and gunning through a red light to keep up with the bus. does that sound like someone caught in the wrong place at the wrong time? joining me now is attorney and senior columnist at townhall.com, seems pretty obvious this was a mistake. as an attorney, what does this do to the jury and validity of these deliberations? >> this has gone from a tragedy to farce. it is absolutely ridiculous. m snbc is completely out of control. there was a time when the legal proces

moments ago, drudge bruce schroeder explaining the process behind some of the key decisions he has made so far in the trial saying that he is not yet had time to review the motion for mistrial. it was only filed by the defense yesterday. >> i haven't even had a chance to read the motion. i just got it yesterday. it i really think that before a role on a motion, i should let the state respond. >> it was interesting when the judge took a few minutes there to talk on the criticism that he's heard about himself on this trial because he talked about how it has been on television and as it's been live unfolding people have been going in on him and giving him some criticism there on these decisions has been making. over the trunk, one of the other things that was highly contested there in court was at the people who were shot come the three men including the two who were killed by kyle rittenhouse, could not be called victims. and he explained why. >> is it so difficult to use the term instead of prejudging what the jury is here to determine whether or not there is a victim push tonic and whet

eerie quietness if i can describe it that way here in front of the kenosha courthouse after judge bruce schroeder sent to the 12 jurors home for they will be back home for deliberations after this very up and down emotional trial for so many people and as i flew in to wisconsin, i had an opportunity to speak with a lot of residents, talk to folks at the airport and talk to people on my way into kenosha and they are nervous, they are concerned. there's a lot of tension. they don't want to see the repeat of what happened here before. a lot of businesses have been shut down and never reopened and there's also this concern that the media for a majority of the media haven't been telling the truth about this circumstance that led to those shootings, the injury of the other victim, there's a big concern there that because the information isn't being received by the public in the right way that what we could see here if anything happens if he is not found guilty that we will see an escalation in those riots and that is something of that law enforcement as well as residents and business owners are bracing

meantime it's not only the testimony getting attention, the courtroom drama also putting judge bruce schroeder the judge lashed out at prosecutors from their line of questioning to their facial expressions. >> i was astonished when you will begin your examination by commenting on the defendants post arrest, i have no idea what you would do something like that and i'm a little bit challenged when you say is there something that i'm seeing that cause the faith that you are making? >> go ahead, say what you're going to say. >> yesterday i was the target for disregarding your orders. >> i was talking yesterday about the constitution of the united states and how the supreme court has interpreted it for 50 years. arthel: let's bring in richard st. paul. i have to tell you i did a double take at the tv when i heard how the judge was stressing down the prosecutor in some of those things he witnessed and allowed him to say, is this normal? >> it is normal let's just take it frame by frame. in the first the judge said he was talking about the constitution and the post arrest of rittenhouse and the prose

judge bruce schroeder has yet to rule on either mistrial request from the defense but said he may still do so, even after a potential guilty verdict is delivered. in brunswick, georgia, travis mcmichael took the stand wednesday in his own murder trial and claimed he acted in self-defense when he shot and killed ahmaud arbery after chasing him down in his truck. >> i shot -- >> he had my gun. it was obvious that he was attacked and if he had gotten the shotgun from me, this is a life and death situation. amy: travis mcmichael's father gregory mcmichael, a former police officer and their neighbor william bryan are also accused of chasing down and killing arbery, a 25-year-old black man, while he was out for a jog. hundreds of pastors and clergy members are expected to gather outside of the glynn county courthouse today in support of ahmaud arbery's family. the relic comes after defense attorneys repeatedly objected to the presence of reverend jesse jackson and other religious leaders in the courtroom's gallery, saying they were intimidating the jury. in oklahoma, the clock is ticking to s

. >> reporter: circuit court judge bruce schroeder as animated today as he's been throughout the high-profilettenhouse. wisconsin's longest serving circuit judge, schroeder is a known history buff, connecting with the jurors in a game of "jeopardy!." >> who is florence griffith joiner. >> reporter: he's trying to keep things light with this joke. >> i hope the asian food isn't tied up on a boat in the harbor. you should have come and asked. don't get brazen with me >> i've been yelled at. if you push the line, you will get judge schroeder yelling at you. if judge schroeder is yelling at you, you know you're still in the game. you're not going to get a mistrial. >> reporter: he said he's argued before the judge thousands of times. >> many a defendant have entered a plea bargain thinking they were going to get probation to end up in prison totally to their shock. >> reporter: schroeder's every word, decision, and behavior has come under intense scrutiny in this two-week trial. schroeder has not allowed to call the three men shot by rittenhouse victims, a long-standing rule of this judge, but co

before the trial began, judge bruce schroeder was scrutinized for saying the men rittenhouse killed werelooters. throughout the trial, judge schroeder has been accused of bias because of statements and burst of anger to the prosecution. take a listen. >> by the way, mr. richards, absolutely correctly points out that i heard nothing in the trial to change my rules. >> testimony, your honor. >> don't get brazen with me. is there something that draws the face you are making? go ahead. >> i have to say, your honor, yesterday, i was the target of your ire for disregarding your orders. today, the defense is disregarding your order. >> i was talking yesterday about the constitution of the united states. that's not what we're talking about here today. let's hope for 1:00. i don't know. hopefully the asian food is not coming -- isn't on one of the boats on long beach harbor. >> yes, that was the judge making off color jokes of asian food during a murder trial. joining us to help make sense of the trial is barbara mcquaid. thank you for joining us. i want to ask you how unusual is the judge's cond

judge bruce schroeder delivered unusually harsh admonishment to the prosecution when thomas will intended to introduce previously banned evidence about rittenhouse at earlier encounter saying he wish he had his ar-15 so he could shoot shoplifters. the defense requested a mistrial. the judge said he will take that into consideration. mike? >> emotional intense day in court. mike tobin live in kenosha, wink. many thanks. >> mike: breaking tonight our other top story president biden says he will sign the bipartisan infrastructure bill passed by congress next monday. this comes as the president is dealing with historically bad news on inflation, exacerbated by a growing supply chain crisis. the president made comments a short time ago in baltimore. one of the major east coast ports. those comments come on a day when the government reports the biggest ingalatian surge in more than 30 years. we have fox team coverage. william la jeunesse in carson, california with how the rail sectors playing a major role in trying to ease the supply chain crisis. we begin with white house correspondent jacqui

today judge bruce schroeder made it clear a mistrial is still very much on the table. is he deserving the right to declare one at any point including after the jury reaches a verdict. there was a lot of discussion today about videos of the shootings and media coverage, including from some on our network. the defense, once again, requested a mistrial arguing that prosecutors gave them a lower quality version of a key piece of video evidence than what was ultimately presented to the jury. >> we didn't have the quality of evidence that the state had until the case had been closed. and i think that is required in a case like this where he is looking at a life sentence potentially without parole if he is convicted. >> i do not believe an unknown technical incident should result in a mistrial. >> judge schroeder allowed the jury to rewatch that video. he warned prosecutors they are using a high risk strategy that could ultimately backfire. >> i persistently warned the state that you know, there is a day of reckoning with respect to these things. i forewarned you, i forewarne

while the trial technically concluded, the trial judge bruce schroeder is continuing to face criticism for his judicial conduct for some questionable comments he made to the jury after the verdict was read yesterday afternoon. >> liz mclaughlin has more. >> reporter: he said accept this process, the jury process works mchl were disappointed and concerned that vigilantism is getting a clean pass now. reverend jesse jackson reacted saying he's worried about human rights demonstrators for their safety. we heard from the family who's just broken. three men shot in this instance and two men killed. here's what the girlfriend of anthony huber, one of the men killed, had to say. >> i miss anthony every single day. every day i wish i could come home to him around unload some of this weight that's on my shoulders, but i can't because he's dead, and now the system is telling me that nobody needs to answer for that. and i have a problem with that. >>> and she went on to say that this verdict means that these victims' lives don't matter, that that's crushing. now, it's been relatively calm overnig

. >> reporter: kenosha judge bruce schroeder.>> reporter: -- as he's been throughout the high-profile murder trial of defendant kyle rittenhouse. wisconsin's longest-serving circuit judge, schroeder is a known history buff. connecting with the jurors in a game of "jeopardy." >> both the 100 and 200 meters in the 1988 olympics. who is florence griffith-joyner. >> trying to keep the mood light with jokes that sometimes fail. like this culturally insensitive remark. >> i hope the asian food isn't coming -- it isn't on one of those boats in long beach harbor. >> reporter: but doesn't hold back when crossed. >> the court left the door open. >> for me. not for you! >> my understanding -- >> you should have come and asked. don't get brazen with me. >> i've been yelled at. i mean, if you push the line, you will get him yelling at you. if judge schroeder's yelling at you, you know that you're still in the game. you're not going to get a mistrial. >> defense attorney john anthony ward says he's argued before judge schroeder hundreds if not

the judge bruce schroeder said he couldn't rule that out.se by the dozens, and it's our understanding that those who aren't dismissed after that line of questioning would then get interviewed individually by the lawyers to then try and get to that process, of course, of eight alternate and jurors. both parties ask that juror questionnaires be sent out but that was denied. the judge wants this to happen pretty quickly. it's the goal to get a seated panel of jurors is less than two days with the trial length expected to last two weeks and sort of the parameters he's been giving to these jurors is saying that you are going to have a front row seat to exactly what happened and warned those who aren't on board with deciding strictly based on this evidence should say so, and that's sort of what they are using to whittle down, again, to that magic number of 20 shepard omar jimenez live in ken sharks thank you. >>> for more let's bring in jennifer rogers, the cnn legal analyst and former federal prosecutor. jennifer, always great to see you. let's s

judge bruce schroeder admonished the prosecutor binger for attempting to work in previously banned evidencehouse in an earlier incident said he wished he had his ar-15 so he could shoot some shoplifters. the defense asked for a mistrial. the judge has taken that into consideration. liz. elizabeth: mike tobin, thanks for your journalism. switching gears, bring in member of house budget, congressman jason smith with the house budget committee. take this on. democrat senator joe manchin is slapping down the white house new narrative that supply chain chaos is good things. manchin says it is not transitory. if they're good things, why is in the president in baltimore saying his agenda is an inflation fighter and will stop the supply chain crisis? >> i'm glad to see senator manchin is agreeing with the house republicans and the senate republicans this inflation tax that is facing all americans where they walk into the supermarket and they see that the price of food, the price of clothing, is only going up. the fact that joe biden and the folks at the white house say this is only transitory, that

the eight-day trial was wrought with tension, not just from the witnesses, but between judge bruce schroeder and prosecutor thomas binger after the judge lashed out yesterday. >> don't get brazen with me. >> reporter: another testy exchange. >> yesterday, as i said, i was under the court's ire. >> you know what i want to talk about? >> it's fundamental fairness, your honor. >> say what you want to say. >> if i'm being held to obey the court's orders, i'm asking the defense be held to that, too. >> i was talking yesterday about the constitution of the united states and how the supreme court has interpreted it for 50 years. >> reporter: but the rittenhouse trial is most note worthy for being a flash point in a battle far beyond kenosha. hernandez was just one of the many capturing the events on the kenosha street. he's an arizona-based commentator who works for far-right wing outlet real america voice, and posts frequently on social media. >> black lives matter is a marxist organization. >> reporter: hernandez testified he was there to track antifa and blm when the shooting happened. >> have y

so judge bruce schroeder is also under the microscope, right? you always say, you know, in his demeanor, and i wonder how the jury will take that into consideration as they hear closing statements. some of which they didn't see, but then some that they did see and hear. >> yeah. what we know, fred, is that jurors watch everything in a courtroom. they watch the lawyers. they watch the parties, and of course, they watch the judge and they take their cues from this judge which is why this judge's behavior has been so disappointing. he has inserted himself into this trial in a way that you don't expect to see from judges, particularly an experienced judge like this judge. he's prone to histrionics, and he seems to love and crave the media attention, and i hope the jurors are able to separate his conduct, focus on the facts, focus on the law and render a decision in this case that is consistent with the facts. >> and in wisconsin, there are now authorized 500 troops to assist law enforcement in kenosha next week. there was some movement already in th

>> kenosha county circuit court judge bruce schroeder, who is presiding over the case of kyle rittenhouse's accused of murdering two protesters and shooting and injuring a third during the protests over a police shooting of an unnamed black man -- excuse me, an unarmed black man named jacob blake. all of those screaming outbursts from judge schrade schroeder -- and it's been more and others, there have been more of them. they've all been directed solely at the prosecution, at the prosecutors who are trying to convict kyle rittenhouse of those killings. the judge has done nothing like that at all, nothing near it towards the defense. today the judge asked the courtroom to applaud for military veterans. this was moments after he discovered that the only veteran in the room was the next witness being called for the defense. he asked the witness what branch of the military he served in. then he directly turned and asked the entire room including the jury to clap for veterans. now today is veterans day. it is a day when you should thank u.s. veterans for their service, but a judge encouraging

i want to play something from the judge today, bruce schroeder who was really getting into it with thewhat he had to say. >> i was astonished when you began your examination by common commenting on the postarrest silence, its basic law this country for 40 years, 50 years, i have no idea why you would do something like that and it gives, i will leave it at that. i don't know what you're up to. don't get brazen with me, you know very well of an attorney can't go into these types of areas when the judge has already ruled without asking outside the presence of the jury to do so. don't give me that. >> shannon: i got the say of a judge ever talk to me that way and the court room i would've been shaking of my stilettos sure. >> i was going to say me too but that sounds a little strange. the bottom line is, this prosecutor has a credibility problem. the judge is clearly not trusting in his word, that's what you want as a prosecutor, comfort in front of the court, that is lacking here. when you talk about a fifth amendment violation, i will make this production now. judges don't like to take o

today judge bruce schroeder banned msnbc from the courtroom for the rest of the trial. last night kenosha police detained a freelance producer for msnbc who they believe was following the jury's bus to take according to the judge when officers pulled the producer over, he told them he had been instructed by supervisor in new york to follow the bus. with blacked out windows that's been carrying the jury to and from the courthouse every day of the trial. that case is now under investigation. >> i have instructed that no one from msnbc news will be permitted in this building for the duration of this trial. this is a very serious matter and i don't know what the ultimate truth of it is. >> msnbc news issued a statement saying while the traffic violation took place near the jury van the freelancer never contacted or intended to contact the jurors during deliberations never photographed or intended to photograph them. we regret the incident and will fully cooperate with the authorities on any investigation. the jury has not been sequestered at any point during this trial and

yes, i have an ocean county judge bruce schroeder making sure kyle rittenhouse understands the processwyers and the judge hammering out complicated jury instructions with amended charges. >> including first-degree intentional homicide first-degree reckless homicide and then attempted reckless homicide count with lesser charges. >> charges against you which are stated in the end, the minute information counts one through 6. the district attorney has to prove each of them beyond a reasonable doubt. first degree. >> second-degree lesser included first-degree reckless are all appropriate. second-degree reckless, doesn't it. >> it's the give and take a attorney mark richards as a c- result of this incident, case he has ptsd okay. the now 18 year-old rittenhouse looking at possible life in prison if convicted on the more serious charges. the use of force statute as defined by wisconsin law authorizing the use of deadly force only if he or she reasonably believes such force is necessary to prevent imminent death or great bodily harm. it will be up to jurors to the side of rittenhouse's violen

last week, judge bruce schroeder garnered yet more scrutiny after he called on the court room to applaud the service of a military member on veteran's day. that military member was also a witness in the case, leading to concerns of possible jury bias. as he called for the jury to apply a defense witness. this constant governor tony evers has called 500 national guard troops to be on standby a head of a possible verdict stop and a nine-year-old boy has become the latest and youngest deadly victim of the astroworld festival tragedy in houston, texas. ezra blount had been placed in a medically-induced coma after he fell from his father's shoulders during the crowd surge which took place as headliner travis scott was performing. 10 people have died from the stampede. the young boy's family has filed a lawsuit -- one of almost 100 lawsuits that have been filed since the fatal event -- against scott, live nation entertainment, and others. and those are some of the headlines. this is democracy now!, democracynow.org, the war and peace report. i'm amy goodman. this is climate countdown. the u.n.

this is judge bruce schroeder. >> does not preclude a retrial. i understand. there are exceptions to that, however. and the case that i am drawing this from is day versus state. it's 767588. it says an exception to this rule exists where defendant's motion is necessitated by prosecutorial impropriety designed to avoid an acquittal. now, what has happened in this, this morning, was two times. the state had commented on mr. rittenhouse's right to remain silent. the first time he was admonished by the court. the second time, the court had the jury leave and readmonished him on that. prior to mr. rittenhouse testifying, this court addressed various things not only mr. rittenhouse, but the lawyers. you had cited various statues and asked if anything would be coming up, for example, one of the other things was 90404. you had said that based on the information that had come out of the trial, nothing had changed as it relates to your ruling. shortly there after, mr. binger stated and we looked it up. previously he said to mr. rittenhouse, previously indicated that you

. >> judge bruce schroeder. the prosecution and the defense.ade their respective arguments now. it's in the hands of the jury. cnn's omar jimenez is in ken sew sha. he has been covering this from day one. omar, very dramatic arguments from both sides today. >> that's right, wolf. really, on the prosecution's side, they try today paint a few arguments in this. most recently, during the rebuttal that many of us have been listening to. you heard the prosecution say this case isn't about kyle riten sh house defending himself. it's not even saying that joseph rosenbaum shouldn't have been chasing him. what this comes down to is did kyle rittenhouse have the right to use deadly force against those that were coming up against him? and the prosecution argued that there was no imminent threat of death and they argued the defense made assumptions that kyle rittenhouse would have been -- would have had great bodily harm or even further. the defense said that kyle rittenhouse never would have shot anyone, if he were not attacked. and even went as far as to

. >> the jury only got what bruce schroeder, what the judge allowed them to do.you only look at what the judge allowed them to see, i think it's a very tough case for the prosecution. and that goes to the sad thing you mentioned at the start of your program, that you've got -- that's why there are troops in wisconsin. it's because we -- it's not because we are a violent nation or ripping -- it's because we don't trust the system. we don't trust the process. we see the judge, we hear his ring tones, we see his answers, we see the jury which is 15-1 white people versus one person of color. we see all that, and that's why you have troops on the ground in wisconsin right now. >> ellie, joey, as always a pleasure. welcome to the show. don't beat yourself up, ellie. on hair alone, you win the contest. joey and i rkts we're not the best looking guys, but you beat us because you've got a signature look. >>> to the other big case with vigilante and racial undertones. the defense attorney at the ahmaud arbery murder trial is sort of apologizing for his comments about black

judge bruce schroeder saying he's taking the request into consideration. he's facing first degree intentional homicide, attempted first degree intentional homicide. prosecutors asking rittenhouse why he brought an ar-15 style rifle with him to kenosha during the time of unrest. >> why do you need the gun when you go out there? >> i need the gun because, if i had to protect myself because somebody attacked me. >> why would you think anybody would do that? >> i don't know. >> but you clearly planned on it? you were prepared for it, you thought it was going to happen. >> no, i didn't. >> that's the whole reason you brought the gun, isn't it? >> i brought the gun to protect myself. >> pressing rittenhouse on why he claimed he was a medic. >> we're running medical and we're going in and getting people. >> you lied to him, correct? >> i told him i was an emt but i wasn't. >> the prosecution also focusing on what led rittenhouse to shoot rosenbaum and his two other victims. >> you just assumed he was going to use it, that he was going to try and take it from you,

in a highly unusual move, rittenhouse was instructed by judge bruce schroeder tuesday to randomly draw the names of six jurors who were removed from the pool of 18 citizens who were sitting on the jury. the 12 remaining jurors then proceeded to deliberation. the random selection is typically done by a member of the court. one legal expert called schroeder's decision "an interesting piece of theater." meanwhile, it has been revealed trial consulted joellen demetrius, known for shaping jury selection in the o.j. simpson trial, worked with rittenhouse attorneys in their selection process and closing arguments. in a closely watched trial, the state of georgia has rested its case in the trial of three white men accused of killing ahmaud arbery, the black jogger. on tuesday, the medical examiner who performed the autopsy testified that he died after being shot three times at close range, two of the bullets hit him occluding one that tore a hole in his chest. the video of his wounds were shown to the jury. the defense begins its case today. in oklahoma, advocates have been rallying outside th

. >> reporter: prosecutor thomas binger sparring with judge bruce schroeder over his questioning of rittenhouse shooting and killing two men and wounding a third during a night of protests after the police shooting of jacob blake. >> why would you think that that made it okay -- >> reporter: the heated exchanges just some of the hurdles facing prosecutors. some of the prosecutor's witnesses seemed to also support a key claim for the defense -- that rittenhouse did not instill ate -- instigate the conflict. >> every time i encountered joseph rosenbaum he was hyper aggressive. >> reporter: witness after witness pointed to joseph rosenbaum, the first person to be shot, as someone acting erratically that night. pursuing rittenhouse prior to being shot. >> he had been acting very belligerently. he had asked very bluntly to shoot him. >> reporter: even gage graskreutz, the lone survivor, should appeal as the star witness. >> the defendant had pointed his weapon at me, and i put my hands in the air. >> reporter: like other witnesses, he also helped the defense. >> it wasn't until you pointed your gun

testimony on the stand that through major criticize him, the televised trial run ends between bruce schroedersecutor like this one, watch. >> don't get brazen with me! you know very well, you know very well that an attorney can't go into these types of areas when the judge has already ruled without asking outside the presence of the jury to do so. don't give me that. >> emily: also catching backlash after pointing the weapon that rittenhouse used during his closing moments. and the judge had rittenhouse reach into a metal container and lottery style randomly pick which jurors could decide whether he spends the rest of his life in prison. all of this as rittenhouse's lawyers have asked for a mistrial saying they were given key drone video evidence of inferior quality. and to the judge kicking msnbc out of court after freelancer was accused of following and trying to photograph the jury. >> no one from msnbc, no one else will be permitted in this building during the duration of the trial. this is a very serious matter. >> emily: todd piro, sometimes truth is stranger than fiction. >> todd: ther

judge bruce schroeder meeting with attorneys on jury instructions and getting the defendant's okay onde on lesser charges. you can expect a decision tomorrow from him on that. also, as if to underscore the tension surrounding a verdict, wisconsin governor tony evers today putting 500 national guard troops onto standby outside kenosha to be deployed if called on by local law enforcement. joining us now with more, cnn's kyung lah, who is in kenosha for us tonight. so kyung, if the judge allows the jury to consider lesser charges, how does that possibly impact the chances for rittenhouse? >> well, here is how the judge explained it to kyle rittenhouse and he explained this without the jury being there because instructions don't start until monday, but basically he said that it will decrease his chances of a second trial but increase his chances of a conviction. now, why would it increase his chances? because the jury, then, instead of having just simply a not guilty or guilty of a serious charge, they will have this third option of being guilty of a lesser charge. that's what the -- that

you had judge bruce schroeder making several headlines for his antics during the trial. i wonder, that behavior, highly unusual. what does it reveal about the importance of electing state judges? >> well, you know, alicia, you nailed it right on the head. it's about elections, getting out there and voting, increasing the diversity on the bench. and increasing the diversity within law firms in and of itself. you know, a lot of times when they're looking at leaders who can then become judges, they look at the law firms. they look at the leadership amongst the law firms. and if we don't have leadership function law firms that we look to to fill our judicial positions, our diversity pool is decreased. so we're talking about increasing diversity amongst the law firms, as well as all across the bench. and that's by giving opportunities to diverse members, but also making sure that the law firms as well as judicial positions retain them as well. it all goes to diversity. >> amber ruffin had this to say after the verdict, take a listen. >> it's not okay for the judicial system t

he presided over as, quote, a black beach county judge bruce schroeder made the remark today when explainingrittenhouse to pick the names of the 6 jurors who became alternate jurors, not joining the final jury of 12 and his explanation. judge schroeder said the last time he allowed a court clerk to pick the names was about 2 decades ago in a trial with a black defendant. >> when clerk. through the name of the tumbler. it was a the only there was nothing wrong with that. it was all ok, but when talk about optics known the word for things. that was a bad optic. i saw. i think people feel better when they have control. >> this is not the first time judge schroder mentioned race during the trial last week. his joke about asian food during proceedings brought criticism of his behavior. >> in another high-profile murder trial. this one in georgia, the man who shot him on arbery share details about their first encounter when he testified today. >> you want to testify. i want to do. give my son the story all to explain what happened in 2 a. what happened from. the way acid. okay. let's do that. >> 3

judge bruce schroeder chastised the assistant district attorney for his line of questioning.fter the judge berated him in the defense requested a mistrial with prejudice where prosecutors brought up issues the judge had ruled were off limits. >> i'm a little bit challenged when you say is there something i'm seeing that causes the face that you're making? go ahead to come. to speak live to say, your honor, yesterday i was the target of your ira. for disregarding your orders. >> i was talking yesterday about the constitution. and how the supreme court has interpreted it 50 years. >> dry shorter and did arguments without rolling on the defense is a request for a mistrial, so tonight the jury heads home for the weekend and tomorrow prosecutors and the defense will hash out defenses. city officials are already preparing for unrest i could come after the verdict. kenosha sheriffs and his departments working with local, state, and federal law enforcement to ensure the safety of the community. >> shannon: garret tenney, thank you so much. causing you headaches for the white house to

judge bruce schroeder praising the jury for its work and deciding a case under intense national scrutinym both the public and the media. >> all of you, i couldn't have asked for a better jury to work with. and it has truly been my pleasure just in terms of your -- the attentiveness and cooperation that you gave to us. justifies the confidence that the founders of our country placed. so, i dismiss you at this time. >> a spokesman for rittenhouse said the young man always planned to take the stand to tell his side of the story. >> everybody wanted to pretend like they knew, so that was his opportunity to tell everybody, to tell everybody what was in his head and what was in his heart. >> rittenhouse's attorneys said while they are pleased with this verdict, no one in this case walks away a winner, including their client. >> i think eventually some anonymity will come back to it. i don't think he will continue to live in this area. i think it's too dangerous. he has had 24-hour security since this happened. >> outside the courthouse, there was an outpouring of opposing emotions in the crowd

amy: meanwhile, the trial judge bruce schroeder continue to make headlines after repeatedly siding withfense while excoriating prosecutors. at one point while the prosecutor question rittenhouse, the judge chastised binger crafting -- asking about testimony he said was out of bounds. >> your honor, mr. binger is either forgetting the courts rulings or attempting to provoke a mistrial in this manner. he knows and he's asking the questions. i asked the court to strongly admonish him and the next time it happens, i will be asking for mistrial with which it is. he is an experienced attorney and he knows better. >> mr. binger, first of all, this was the subject of emotion. i am well 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