good morning to our viewers here in the united states and all around the world. it is monday, november 8th. i'm john berman with brianna keilar. chaos, confusion, and unanswered questions about the tragedy at the astroworld music festival in houston. the densely-packed crowd surged towards the stage during a performance by travis scott. some were crushed together, trampled on. many begged for help over the loud music, to no avail. an plans was seen trying to get through the crowd. the youngest victim just 14 years old. some 50,000 people were in attendance. one concertgoer said it was basically a death trap. >> it was definitely chaos. about midway through is when i started to notice some circles forming. people giving cpr erratically. it was a very scary time. . >> right before i passed out, i tried to turn my head to tell my boyfriend -- i was going to have him tell my son that i loved him because i didn't think i was going to felt out of there. i'm not trying to be dramatic. i thought i was going to straight-up die. in what led to the deadly crowd surge. rapper travis scott, along with live nation and the concert promoter is facing the first of what could be a wave of lawsuits. in this video here, it is unclear what scott saw from the stage and whether he was aware of the crowd conditions at the time. cnn's rosa flores is live for us in houston. and, rosa, something interesting we're learning here is that concerns about this crowd predated even the beginning of the concert. >> reporter: brianna, you're absolutely right. this is all new this morning. new questions are surfacing how worried officials were before this concert turned deadly. the police chief visited travis scott in his trailer before his performance because he was worried about the energy in the crowd. a criminal investigation is under way in houston, searching for reasons why astroworld festival turned deadly friday night. those attending the con sefrt headlined by travis scott describing how the event i divulved into chaos. >> so many people were slamming into me. it was really hell. it was really hell. >> reporter: eight people died and scores were injured. videos posted on social media showing the crowd of 50,000 surging toward the stage. this clip showing two people even trying to flag a cameraman to help stop the concert. >> i could feel myself losing the ability to breathe. it was really hard with the amount of people around me. >> reporter: hours before the deadly surge, a crowd rushed through a vip entry gate breaking through barricades. houston police saying they are looking into a report saying a security guard was brpricked wi a needle. >> he went unconscious. they administered narcan. he was revived. and the medical staff did notice a prick, similar to a prick you would get if somebody tried to inject. >> reporter: he stopped briefly and then continued his performance. the rapper posting to his instagram saturday night. >> any time that i can make out anything going on, i would stop the show and help them get the help they need. >> reporter: some attendees telling me what unfolded at the event will be difficult to forget. so you have been to many concerts, you told me. will you go to another travis scott concert? >> absolutely not. . >> no. >> absolutely not. >> no, i don't think so. . >> i won't go to anything. not just travis scott. i'm really scared to even be around people in a full capacity situation. >> reporter: meanwhile, a memorial growing outside the nrg park honor the eight people who died in the tragedy. among the victims, brianna rod rhee tpwez, a 16-year-old high school junior who loved to dance. jacob studied journalism at southern university carbondayle. he was 20 years old. franco pitino. his family received he was loved by so many because of the loyal, loving, selfless, protective, funny and caring person he was. . >> i love you, mijo. >> reporter: it could take investigators week to analyze that went wrong. >> we don't want to leave any detail unreviewed. we owe it to the families and everyone else to have all of the details as it relates to this incident. >> reporter: a lawsuit has been filed by a concert tkpoer against live nation, travis scott, and the promoter score more, alleging negl negligence. cnn has reached out to the defendants and has not heard back. >> thank you so much for the latest from houston. joining me is jennifer rogers, cnn legal analyst. thank you so much for being with us. there is now a lawsuit against scott and the promoters of this lawsuit. we know there is a criminal investigation. what's the standard here that needs to be met? >> so in texas for criminal negligence, you don't have to just violate a duty of care, but you have to substantially deviate from that standard of care, grossly deviate. it is more than that of civil negligence. while they are doing a n investigation, it is quite a high standard. it would be surprising to me. >> travis scott was warned by the police chief that the crowd was already very energetic. the crowd was already riled up. so scott, according to the "times", knew this about the crowd when he stepped on the stage. how will that play? . >> one of the keys is if it was reasonably foreseeable. he may have some liability here. likely it's not his job to keep an eye on those sorts of things. if he saw something that was happening, he had a duty to stop the show. but the question is, if it wasn't his job to keep an eye on things, probably that won't rise to the level. >> so what he saw and what he knew on stage will be key here? >> correct. >> what about the people who put this concert on in terms of the civil liability, especially, especially given the age of the victims? >> yeah. there's a lot of liability here, john. all you have to have for negligence to attach in a civil sense is violation of ordinary code. the folks that run the venue have a duty of care. when things start to were that, people are falling down and getting hurt. they are the ones who step in and solve those problems. there is going to be liability, big damages for young victims. >> a lot of people want the crowd to be active. scott has been accused in the past of riling up the crowd and putting them in dangerous situations. one of the things he said was make the ground shake. how much does that matter? . >> well, it won't matter here if he didn't say anything that harm would be caused. it's one thing to say let's get excited, let's jump, let's make the ground shake, that sort of thing. if he wasn't encouraging them to push forward, to do anything that would actually cause harm, it would not lead to liability. >> jennifer rogers, thank you very much. the u.s. is reopening its border for international travel, ending a ban that lasted 20 months. the u.s. will allow in foreign travelers, but they have to be vaccinated, fully vaccinated, with a few exceptions. cnn's pete dmuntean is live at dulles international airport. it's a big move, pete. >> reporter: it is a big move, brianna. a huge day for air travel, especially here at dulles, when they will clear couples later on today. the end of a 600-day-long wait for some. a cause for huge celebration, not only individuals in some cases separated by oceans because restrictions have been in place since march 2020. but this entire industry has been missing out on billions in economic impact. virgin atlantic and british airways just did synchronized, symbolic takeoffs from london heathrow to jfk. it is a huge deal to do that because we have not seen that in a long time. united said 30,000 international passengers will arrive in the u.s. today, 50% increase compared to last monday. delta has seen a 450% increase in international bookings. but delta ceo says while this is welcomed news, this will not be perfectly smooth with these new procedures. here's what he said. >> it's going to be a bit sloppy at first, i can assure you. there will be lines, unfortunately. people will be hit with an onslaught all at once. i think november 8th. just like we saw this summer in the u.s. domestic system. we'll get it sorted out. people really want to come here, and that's a great sign. . >> customs agents here and at airports across the country will be checking to make sure passengers are fully vaccinated. that means their second shot at least two weeks ago. they will be checking the records, either paper or digital, or through an app. they do not have to be in english, according to the cdc. also customs agents here will be looking to see if you have a negative coronavirus test within three days of your departure even if you are fully vaccinated. this is only the start of a resumption of this huge economic boom for the country. $300 billion, according to the u.s. travel association. but it says it may not be until 2024 that we see international travel resume back to 2019 levels. brianna. >> that is a ways off. pete, thank you so much for that report. coming up, president biden may have gotten a win on his infrastructure bill but he now faces an uphill battle with his social spending package. and the man who shot ahmaud arbery portraying the shooting as self-defense. arbery's mother's reaction. and aaron rodgers blames woke mob for his vaccination. you won't believe who spoke out this weekend against him. hello, for the last few years, i've been a little obsessed with chasing the big idaho potato truck. but it's not like that's my only interest. i al love cooking with heart-healthy, idaho potatoes. always look for the grown in idaho seal. 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maybe. itis the holidays and new year and basically the midterms in congress speak. >> they are up against a wall time-wise. they don't have a lot of time to spare or votes to spare. amber, thank you for laying out the gauntlet for us >> thanks, brianna. tom nichols, contributing writer at the atlantic. i know you're in california and we were tweeting since two hours ago, so you haven't slept much. i want to talk about the significance of the $1.2 trillion infrastructure law which joe biden signs it. what is the potential for this to turn some things around for him? >> well, i think some of that depends on how soon people see the benefits of it. i think, you know, the process dominated the news cycle more than the substance, which i think the white house has an opportunity to turn around by actually talking about what people will see from this. and i think that was a problem, is that the internal drama of the infighting over kind swamped over the bill. to paraphrase president biden, it's a big deal. and it's something that two presidents before him have wanted to get. so it could turn some things around especially if other things improve along with it, including pandemic conditions. which are going to be uppermost -- one of the things that will be uppermost in people's minds >> charlie sykes wonders if people can handle optimism anymore, that the public might have lost what could be good news. there would be trump bridges being named in swing states across the country. truth to that? . >> yeah. last week was -- there was a lot of really good economic news last week. and people were acting like, you know, it was 1929 and stock brokers were falling out of windows somehow. and it just wasn't true. this is part of the way people just get attached to a narrative. things are bad. they're always going to be bad. you know, and they just can't -- it's very hard to let that go. in part because you don't want to jinx it. that's the way the human mind works. and there is a lag between good economic news and people seeing that as an impact in their lives. but i think we are. there is a problem that we are inherently a pessimistic nation. we get a lot of good economic news and millions of people say, yeah, i don't know. that doesn't sound right to me. even though their own situation is probably improving and getting better. but that's kind of a typically american thing. i agree, i wonder if we can really handle good news anymore without immediately thinking there's a disaster lurking behind it. >> i want to ask you about something that just crossed the presses, crossed the wire as it were. my friend john than carl has a new book, betrayal, the final act of the trump show. january 20th when he was flying out of washington, d.c., former president trump told rnc chair mcdaniel, i'm done. basically i'm leaving the republican party. i'm starting my own party, he told the rnc chair. the consequences we would lose forever. trump said he didn't care. it was only after they threatened to take control of trump's email list, among other potential actions, that trump backed down. the significance there? >> i was one of the people saying republicans back in 2015, 2016 should have dared him to run third party because he wasn't a republican. trump kept edging toward that. back then they made him sign a loyalty pledge and promise not to run against the party. you know, i think that's classic trump. if things don't go my own way, i'm going to take my toys and i'm going to go home. i don't think they'll do it. i think the infrastructure of the party is too much under his control, and that is simply too tempting for him on hold onto. i think that is a classic trump threat, unless everybody does things my way, i'm going to go and start another party and do it better and it will be the best party anybody has ever seen. but it would be a disaster for the republicans. and i think he should have done it in 2016. i think that would have changed history. . >> there is an extension to what's been going on the last week and a half, as they try to figure out how to navigate their future. glenn youngkin won in virginia, keeping trump at arm's length, let's say. there is a question whether or not republicans are better at keeping trump at arm anticipates length. this is what chris christie had to say about it over the weekend. >> we can no longer talk about the past. and the past elections. no matter -- no matter where you stand on that issue. no matter where you stand. it is over. >> i'm not sure chris christie felt brave enough to use trump's name there. but the point is we've got to move forward. your thoughts? . >> well, you know, john, you hit something really important there. if we really were -- if the republicans were really saying we are past it, they would use trump's name. but they won't, which shows they aren't. the problem is the republican party has become a cultive personality. it's been captured by one person. what you are saying here, and i think you saw this as well with nikki haley taking a veiled swipe about competence and tax returns and things like that, you have a lot of ambitious republicans who want this guy to get off the stage and stop costing them elections. but the problem is the party has become fused to him personally. and, you know, any republican who says that in front of a group of loyal republicans is -- does so at his or her own political peril. i'm sure that people like christie and others want them to get off the stage so other republicans can have their moment in the sun. it is the nature of donald trump to suck the oxygen out of the room. and i don't think he's going anywhere, at least for a while. the fact that no one dares speak the name while arguing for this tells you everything you need to know. >> tom nichols, i appreciate you getting up with us. don't go back to sleep. my advice, grab the espresso and power through. >> what new body cam video reveals from moments after the police arrive. a kenosha police officer explaining why he did not arrest kyle rittenhouse but instead ignored him after he had shot three men. as a dj,j, i know all about customization. that's why i loveve liberty mutual. they customize my car insurance, so i only pay for what i n need. how ababout a throwback? 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-perfect! because we're building a better network every single day. this morning testimony continues in the trial of the three men accused of murdering ahmaud arbery. here's what we heard from the opening statements from the prosecution and defense. the following clip contains strong language. >> gregory mcmichael said stop or i'll blow your [ bleep ] head off. he wanted to make sure greg mcmichael was not playing. >> it is tragic that ahmaud arbery lost his life. but at that point travis mcmichael is acting in self-defense. >> joining me now is cnn legal analyst and criminal defense attorney joey jackson and former new york city prosecutor paul cowan. during the opening statements there was video played of arbery's death. during that time his mother was in the courtroom sobbing. do you think there's potential impact in that? >> there is huge impact on that. we have both tried murder cases as prosecutors and defense attorneys. usually the family member leaves the courtroom before graphic video or photographs are displayed concerning the deceased. there is always fear there would be a reaction, as there was in this case. in this case the mother had every right to remain in that courtroom, and she did. and when she reacted to her son being shot to death, i think that was a i big, big moment in the trial. and it had to have a huge effect on the jury. . >> joey. >> yeah, there's no question about it, john. the jurors will be instructed by the judge to leave the emotion at the door, judge the case predicated on the facts approximate circumstance as they come out before them, right. having said that, we're human beings. there is a child that is lost here. an adult. no matter how old you are to your mother you are a child. that has a significant impact. on the merits of the opening statements, i thought the prosecution did a very, very significant job at blunting this whole issue of the citizens arrest law, right. because when you talk about a citizens arrest law, there has to be a crime that's committed for it to be was implicated for you to otherwise try to exercise an arrest. and what the prosecution did very effectively was saying, number one, you didn't have any knowledge of any crime. he's milling about. certainly you were not present. and in addition to that, it certainly wasn't a felony. you didn't see him engage in any other activities. so i thought they did a very effective job with respect to laying out the case that you didn't even have a right, if you're one of the three defendants, to be chasing him, much less to otherwise or otherwise shoot him. that will be a big problem for the defense moving on. . >> what about joey's point, paul? . >> the prosecutor did a good job in her opening statement. the defense said we were aware, as a result of videotapes, that arbery had entered a house that was under construction, was seen milling around at the house, and then leaving. from that they drew the conclusion that he was a burglar of some kind and a law that georgia had from 1863, that citizens can go out and possibly make an arrest. that's the case they put on the table for the jury. john, i think they will have trouble backing it up. but that was the opening statement. >> i like walking around construction sites which i guess is probably trespassing. >> it is trespassing but not burglary. we can all remember as kids working on construction so you might wander into a construction site just to look around. that's not a felony anyplace. . >> just a quick point to be made, john. i think the defense has three significant issues here that are problems for the defense. number one is what we have been talking about, whether the jury decides and is inclined to use the citizens arrest law. before they do that, they have to determine if a crime or felony was committed. if there is no felony, you cannot have the privilege of the law. number two to argue self-defense, was there immediacy of a threat posed by arbery at the time? was the force proportionate to the threats. and did they act reasonably. finally, you are the initial aggressor. if i'm chasing you, pressuring you, i don't get the benefit to use self-defense in the first instance. those are the issues to overcome if they are to be successful. >> one thing we have to win on was this jury. it was a disgrace. you end up with 11 whites and one african-american on the jury. a lot of times, the community composition of the jury is the thing that moves the verdict one way or the other. >> appreciate you both. thank you. >> this morning, senator ted cruz hell bent on tearing down american icons. big bird is in his crosshairs. is elvis next? he is a critical thinker when it comes to vaccines. when it comes to vaccines. 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>> anybody who calls themselves a critical thinker, i worry about them first of all. but i was bothered especially by the fact that he this was like getting his tonsils out, an elective surgery or something. he had no thought to the health and well-being of his teammates, people around him that he deals with in society every tay. i just thought it was very small minded of a guy who a guy, by and large, brianna, has had a career of being a socially conscious enlightened athlete. . >> he is very questionsed he's right. he went as far as quoting martin hraoulgter king. >> yeah. and this was -- you talk about a faux pas to end all faux pas. you standing up to society's rules that don't match your ideas and you think are dumb or stupid. i don't understand in my head how aaron rodgers has jumped on this band wagon of society telling him to do something and using his personal freedoms as an excuse for not being a good citizen and infecting everybody else. duplicity bothers me the most. the fact that he said he was immunized and he blamed the media for not asking a follow-up question whether he was vaccinated or not. immunized was using ivermectin and calling joe rogan. i don't understand how that's possible. that's not critical thinking, in my estimation. . >> what do you think of that? he's using joe rogan for expert advice. he's calling in to the pat mackafey show. . >> this is society. maybe i'm old. maybe i need to be canceled. but he didn't have to go on with you on cnn. he didn't have to go on "60 minutes" with scott pelley. but he is host of wwe "smackdown". somewhere dr. fauci is saying what do i know, i don't even have a podcast. we in society where this is the platform or a future hall of fame quarterback. i'll remind you that just a year ago chastised drew brees for speaking out against racial in justice and people kneeling and conflating it and confusing it with being unpatriotic. and essentially what president trump did. he conflated it and used it as a referendum, which is wrong. drew brees has done one of the greatest 180s i have seen in public life, and i don't think he will recover from this. >> aaron rodgers, you're saying. sorry. you said drew brees. . >> oh, i'm sorry. drew, if you're out there, you're a good person. aaron rodgers, i can't tell you how many people, not just don't like aaron rodgers. if he thought he had it bad from bears and vikings fans who were mean spirited and awful, he has no idea what's coming for him. he has a community of people that tonight want their children infected, that don't want their wives or their husbands infected. and i think it's -- there's a disrespect level that goes beyond just being a good teammate here. >> yeah. mike, thank you so much for joining us. it's so important. it gets so much attention when someone like aaron rodgers is saying this. up next, hackers in an ongoing espionage campaign. ongoing espionage campaign. >> are you ready to start a great career? 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yes, please! neuriva. think bigger. moving is a handful. no kidding! fortunately, xfinity makes moving easy. easy? -easy? switch your xfinity services to your new address online in about a minute. that was easy. i know, right? and even save with special offers just for movers. really? yep! so while you handle that, you can keep your internet and all those shows you love, and save money while you're at it with special offers just for movers at xfinity.com/moving. new this morning, cnn has learned federal investigators are looking into an apparent cyber attack after hackers tried to steal sensitive data from multiple u.s. defense contractors, among other key sectors. what have you learned here? >> what we have learned is in the last several weeks, foreign hackers have launched several attempted intrusions into u.s. defense contractors, firms in the energy sector and elsewhere in the u.s. and in other countries as well. it's too early to say who exactly is behind this. but the research that was shared with me and the nsa and dhs is looking at indicates that it is possible it is a chinese hacking group. with he haven't confirmed that yet >> what are they looking for? what are the vulnerabilities here? >> they are scanning for target to narrow in on sensitive data from the companies they want. from there they burrow down further into the networks to access emails and other information. . >> what could they do? if you're talking about the energy sector, could they shut things down? . >> not in this case. this is pure espionage and is focused on communications between sensitive companies and government clients potentially. . >> sean, thank you very much. . >> thank you. president biden slamming nicar nicaraguan sham elections. witnesses describe the hellish scene at a concert. bogeys on your six, limu. they need customized car insurance from liberty mutual so they only pay for what they need. woooooooooooooo... we are not getting you a helicopter. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ ♪ ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ what's strong with me? 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"new day" continues right now. welcome to our viewers in the united states and around the world. i'm brianna keilar with john berman. it is monday, november 8th police in haoufp are launching a criminal investigation after eight people were killed in a stampede at a packed music festival. dozens more suffered injuries. a source tells the "new york times" that houston's police chief was worried about crowd control, that he actually visited the rapper travis scott before the show to discuss his concerns.

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