control of the direction of our government or not. >> finally, there's former trump national security adviser michael flynn, who floated invoking martial law after the election. >> if he wanted to, he could take military capabilities and place them in those states and basically rerun an election. >> the big question is how far will the committee go to enforce these subpoenas if, like others, steve bannon, in particular, will not comply? >> joining me now, cnn senior legal analyst and former federal prosecutor, state and federal, he's done it all, elie honig. >> big, controversial names in this new batch of six people who have received subpoenas. first of all, michael flynn. yes, that michael flynn. he was one of the biggest proponents of the big lie, and he was part of one of the craziest meetings of this whole thing in december 2020 when he met in the oval office with donald trump and others. they talk about seizing election machines, imposing martial law. speaking of crazy theories, john eastman, the attorney who wrote out a memo explaining how, in his view, his wrong view, but his view, the vice president, mike pence, could throw the election by simply deciding not to take certain electoral votes. bernard kerik, he was behind that secret war room meeting at the willard hotel. he was part of the stop the steal messaging. then three former trump campaign officials, bill stepien, jason miller, and angela mccallum, all were part of spreading the big lie and reaching out to state ledgegislators to try to get th on board with throwing the election. what unites all six of these people? according to bennie thompson, the chair, he said, quote, in the days before the january 6th attack, the former president's former allay al allies and advi planned ways to stop the count of electoral college votes. >> how likely is the committee to ever hear from them? >> i think we'll see variation, john. for example, bill stepien is a career political operative. i think there is a decent chance they hear from him. michael flynn, no way. all six people have loyalty to donald trump. kerik was pardoned from federal crimes by trump. if they don't comply, do they send them to doj for potential prosecution? >> what's the status of the pending decisions about steve bannon? >> lots of balls in the air for the committee. steve bannon has been held in contempt by congress, sending the case to doj. three weeks merrick garland has had the case, no decision whether to prosecute. we have jeffrey clark who said he was going to testify and stonewalled with no legitimate justification. the committee has the same decision to make about clark. will they send him over to doj, his former employer, for potential prosecution. we have mark meadows, dan scavino, and kash patel, in the first batch of subpoenas. they've reportedly being engaging and negotiating with the committee, but we're going on six weeks now. the committee has to make a yes or no decision on these guy. they subpoenaed the national archives seeking documents. donald trump tried to block the subpoena. there was arguments last week. we could get a ruling from the judge any day now. >> we have to look a ruling by november 12th, the next three days. >> yes. >> very quickly, who have they spoken with? >> yeah. representative cheney told us they've spoken with over 150 people. we heard, of course, public testimony from four police officers who defended the capitol that day. the committee has spoken with former doj officials. we know they've spoken with at least five former trump white house officials, including alyssa farrah. >> i want to talk about a separate issue with quasi-legal issues here. gosar tweeted out what aos calls a fantasy video of him killing her. an anime video, he superimposed his face and her face, and he kills her. also a similar thing, he apparently brandishes swords at joe biden. first, the legal consequence here. >> first of all, this is unbelievably dangerous. gosar will get a visit from the secret service, no question about that. the u.s. constitution, article one, gives the house of representatives and the senate power to expel its own members by a two-thirds vote. that is very, very rarely done, but you have to ask, if not now when? what person at what company in the united states, public or private, would not get fired for doing something like that? congress has that constitutional power. we'll see whether there's any will to exercise it. >> a lot of that is on the republican leadership, what they choose to do with paul gosar. so far, as ocasio-cortez notes, mccarthy has done nothing but stand behind gosar. elie honig, thank you. the family of a texas man who died during the deadly crowd surge at the astroworld concert in houston is seeking justice for their beloved brother and son. the 27-year-old died while protecting his fiance, olivia, from getting trampled by the crowd. he was at friday night's concert with his fiance and younger brother who witnessed the horrific scene while travis scott was performing on stage. with me now are his brothers as well as their father. i gentlemen, i want to thank you. i want to thank all of you for being with us. i am so sorry. i am so sorry for what you have lost. i'm very sorry, amar. can you tell us, amar, a little bit about your brother as you are remembering him after this? >> i just want to start off by taking a quick five seconds just to -- >> sure. >> -- remember my brother. all the people that lost their lives. all the people that were injured. if everyone could just take five seconds and just pray with me real quick in their minds. thank you. my brother, he means the world to us. now he is not here no longer with us. he's not here with us, and we're just here to ask for prayers for my brother. we want all the prayers, knot j -- not just for my brother but all the people who lost their lives. all the people injured. children that are in hospitals that are injured. we wanted the families of this horrific event that happened to know that we're there with them. we're here by their sides. we want to unite with them and let them know they're not alone, because we lost a loved one. we lost our brother. and it's really hard for us to be here right now at such short notice, but we put -- we're doing this for our brother, to spread the word. we don't want anything like this to ever happen to anyone else. we just want everybody to remember our brother as strong, handsome, beautiful person he is. >> we want you to know we're grieving with all the families involved in this incident. it is a very crucial time for all of us. we need to stay together. stay united. and bring eyes to this event and all these horrendous things that occurred. >> basil, you were there. i think what has become so clear from the accounts of people who were there is how this didn't need to happen. there were some signs that things were going in a very bad direction. can you tell us what it was like? >> absolutely. i just felt traumatized. i was hurt. i'm scarred. i was trying to save my own life. i didn't have room to breathe. i can't sleep at night. it's just horrible. we're here for donnish. >> you're here for your brother. can you speak -- basil, you were there so you have this firsthand account. can you speak to where you think this went wrong? >> not at the moment. i would not like to make any comments on that. >> okay. you don't want to make any comments on that. ammar? >> i don't have any comments to say. our family is grieving. it's a horrific, traumatic event. we just don't know anything at this moment. all we know, we've lost a loved one. there's been multiple people that have lost people they love. our focus here is just to be here and let them know that stuff like this doesn't need to happen. when people go to events like this, they need to enjoy and be able to come back home alive. not be left there and not be able to unite with their family again. every single person that held this event need to be held accountable and get justice for every single person that's lost their life or who is in the hospital or who has been injured. that's what we are here for. we want to hold anyone and everyone accountable and get justice for all these families that are dprooefi inggrieving r >> you want to make sure this doesn't happen again. i assume, basil and ammar, your expectation was just that this was going to be a fun event that probable was one that your brother hadn't really had a chance to enjoy. i'm sure he was incredibly looking forward to it. >> yeah, he was. he was absolutely looking forward to it. because he had his brother. he had the love of his life next to him. you know, you go to these places to have a good time. we're just trying to stay strong. i'm sure you all can see the pain in our eyes. i'm sure you guys can see we're grieving. we're trying to stay strong. we're using all the platforms we can to bring awareness to this cause, to this event that was just horrible. >> ammar, i think it says a lot about your brother, that he was trying to protect his fiance. >> anyone who loves anyone would do something like that. to go further into it, how it happened, what happened, we don't feel comfortable talking about it at the moment. it's just not the right time to speak about this. >> we want you guys to know he was brave, courageous, for everything that he did. in his life and until his last breath. there's just -- >> if there was anything else to where anything could be prevented or helped, that situation wasn't there. we just want prayers for everybody, to remember my brother as the beautiful person he is. and the son he was to my father. the son he was to my mother. the friend he is to everybody. the role model he is to everybody. he was buying a house for my parents by the end of this month. he's not going to be able to get that for them anymore. there's so many memories attached that it is unpeabearab. it's unspeakable. we can't tell the whole world about him in a few seconds. he's more than that. i'm sure there's people who lost loved ones, and they're more than that. this event, it's just not right, what happened. we want to find all the people and hold them accountable that did wrong to them. that's what we're here for. just make awareness. >> he should still be there with you. he told us a lot about who he is just in his final actions. i think a lot of people take that away from this. basil, what would you say to travis scott, the performer? >> i'd like to not comment on that. i don't want to direct anyone. >> okay. >> so can i ask you about that? look, i understand, there are a lot of legal proceedings that are going to be going on, whether it's with your family or other people who were involved in this and have suffered this incredible loss. you talk about justice. i understand if you can't speak specifically about that, but what can you say about wanting justice here? >> i just want everyone to know that people who lost their lives shouldn't have lost their lives in this festival. all the parties that were -- that set up this event should be held accountable. it's just justice for them, justice for donnish, justice for the victims, and justice for the families, that's what we want. in terms of that, if that means rules and regulations need to be changed, how they do things, how they act, how they make these events, they need to do something about it. they have blood on their hands. >> finally, before we go, i know -- i'm sure in the middle of this as you're grieving your brother, you wish he was there. he'd be a part of going through anything that is tough. it's him you've had to say good-bye to. what are you going to miss the most as you're trying to tell people about who your brother was? >> his smile. he used to light up the room. his jokes. everything that he used to do, his little things. people at work are going to grieve, are dprgrieving for him that we worked with. my family, just how he used to be as a person. his heart. everything that he used to do for everyone. anything that he did he put everyone before himself, and that's what he did until he died. until his last breath. i want the world to know that. i want everyone to know we're confident in his brother's life, and he did not deserve to die. just like all the other victims that were included in this event. he did not deserve to die. what we want to remember him by is his smile, his great, great work ethic, his love for my family. he took care of my father. he took care of my mother. he took care of my brother. he took care of my niece and nephew, my son, my 4-year-old son. he took care of them. i want the world to know that. he had the biggest heart in the world -- in the entire -- i can't explain to you. but what i can tell you is that person was a genuine person. he was the most amazing person to us. he was the rock. he brought everyone together. he lit up the room. >> ammar, i want to make sure i give you a chance to say something, if you'd like. >> my brother is gone at this point, and there's nothing that can bring him back. but i just want everyone to remember that life is short. if you have family, if you have brothers, sisters, tell them you love them. take this time. take this event and just take this moment to love your family. because we don't know what's going to happen when things aren't well organized. we want to bring that awareness. i love my brother donnish. i'm the older brother, but he was the older brother to me. he led this family in a direction that i couldn't have done in any other way. he used to pull -- he's everything to our family, and that person is not there anymore. to wake up and not be able to hear his voice, to touch him, to kiss him, to tell him how much we love him, it's not going to happen anymore. and the way he left this world, it's not just. it's not right. it's inhumane, what happened to him. we just want to -- there's nothing we can do to bring him back. >> so when all you guys that are watching at home go home or when you sit next to your loved ones, when you hold your loved ones, tell them that you love them. tell them that you're going to be there for them. hold them. love them until you can -- you never know, like myself, when it is going to be the last moment. but we all want you to know, and this is specifically for all the families that were involved, injuries and that lost their hives, we're here for you. woer we're grieving with you guys. we feel your pain. we laid our brother to rest. i'm sure all of you guys understand what we're feeling. we want you guys to know that we're here for you. >> thank you. >> look, i have no doubt that your brother donnish knew, knows, how much you love him, and i thank you for being with us. he was clearly a gift. he was clearly a gift in this world. i want to thank you both and your dad for being with us. >> thank you. >> thank you. >> we're pacback in a moment. at vanguard, you're more than just an investor, you're an owner with access to financial advice, tools and a personalized plan that helps you build a future for those you love. vanguard. become an owner. >> man: what's my safelite story? 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>> that i was going to die. >> reporter: grosskreutz telling jurors he is a trained emt and paramedic. he says he was in kenosha to help provide first aid during protests and was armed that night. >> i believe in the second amendment, and that night was no different than any other day. it's keys, phone, wallet, gun. >> that sounded like gunshots. sounds like multiple gunshots. >> reporter: shortly after this video was taken, grosskreutz testifying he came into contact with rittenhouse. >> shot somebody? who is shot? >> people were then pointing out the defendant, saying he'd just shot somebody. that he is trying to get away, get him. i thought the defendant was an active shooter. >> reporter: he says he ran toward rittenhouse, playing out in this video showing the chaos before rittenhouse shot anthony huber in the chest, killing him. grosskreutz said he raised his hands to surrender. >> the defendant pointed his weapon at me. i put my hands in the air. re-racking the weapon, i inferred the defendant wasn't accepting my surrender. >> reporter: prosecutors asking why he decided not to shoot rittenhouse first. >> i was never trying to kill the defendant. i was never -- it was never something i was trying to do. in that moment, i was trying to preserve my own life. >> why didn't you take your own gun and shoot the defendant first? >> like i said, that's not the kind of person that i am. it's not why i was out there. it's not why i was out there for 75 days prior to that. >> reporter: the defense pressing grosskreutz on what happened after he lowered his arms, a gun in one hand. >> when you were standing 3 to 5 feet from him with your arms up in the air, he never fired, right? >> correct. >> it wasn't until you pointed your give un at him, advanced o him, that he fired, right? >> correct. >> reporter: that moment, john, when the witness says that he lowered his hand could potentially prove very, very significant for the defense. of course, this only relates to one of the charges. there are still two other victims that the defendant certainly is facing potential conviction on. but, of course, all of this giving some, some help to the defense in trying to prove that kyle rittenhouse acted in self-defense. as for today, we expect perhaps the prosecution will wrap up their case. then will we hear from kyle rittenhouse himself? it is expected that he will testify, but we have yet to hear from the defense team if, in fact, they're going to put him on the stand. >> always a big risk. sh shimon, thank you very much. >> let's talk about this with judge glenda hatchet and also former head prosecutor of new jersey and host of the law and crime network. judge hatchet, to you first. what did this day's testimony do when it comes to the defense that this was all self-defense? >> i think it did a lot to bolster it, quite frankly. in wisconsin, under the law, the law really revolves around the question of who was the aggressor. what happened yesterday in this testimony is that you had the only survivor of the three people involved in this situation who then, at that very last clip we just heard, said that rittenhouse didn't fire until he lowered his arm and he did have a weapon. it also didn't help yesterday that we found out that he had, although he had had a license to carry, it expired. so you have a situation where you have a trio. you have the first victim, and i know the judge says not to call them a victim but i am going to call him a victim, and the videos clearly show -- and that's what the defense is going to rely on -- that he was then cornered, quote, unquote. the second victim, who was fatally shot, then he hit rittenhouse in the neck with a skateboard. so you have really a situation where the defense has to -- the only thing they can stand on in this situation is that he acted in self-defense. so the prosecutor, i think, has an uphill climb in this case. but what they're going to say is that he was out there with this gun, with this shotgun, and that he was in a volatile situation, and that he was not trained to use the gun. but this is going to be, i think, a very, very difficult case for the prosecution. >> robert? >> the prosecution had a horrible day yesterday, with all the things the judge said. let's add to it that there are gunshots being fired when this is happening. two witnesses have testified, eyewitnesss. one of them was a journalist. i actually asked, i was in the middle of the show when i started hosting a show. i actually asked my producer, is this a defense witness that got called out of turn, or is this a prosecutor's witness? both witnesses, even the victim, were saying kyle rittenhouse was doing an interview, talking about how he was there to be a medic and help people. protect some property. this crowd started going after him. that he was trapped. he was running. he was trying to get away. shots are being fired. they're trying to get his weapon. as we just noted, there's an important piece with this victim that testified yesterday. he failed to tell police ever, in any statement or court document that was filed, that he actually had a handgun out as he was chasing the defendant. chasing the defendant. so rittenhouse goes down on the ground, and it is true, he even says he was worried about rittenhouse's safety. that's what the victim says. that's what the journalist said pa because the crowd was coming after him. rittenhouse has the weapon angled down until the victim springs the gun toward his head, and he fires. it is a classic self-defense case. prosecution had a horrible day. if i were the homicide prosecutor of this particular case, i'd be definitely thinking, i've got a serious issue because self-defense requires an honest and reasonable belief that you could be killed or suffer from great bodily harm. both of the state's witnesses are saying that's exactly what kyle rittenhouse was facing as that crowd was pursuing him, yelling at him, assaulting him. now he's on the ground. they're attacking him. i don't see it, prixianbrianna. i think the government has a difficult case here. >> we'll see how these next few day aces ahead go. you two are in agreement. thank you both. >> thank you. up tnext, the key to victor in virginia. >> lessons i learned passed a along to my children. >> what can be learned from ads like that . plus, what chinese troops are using for target practice. new satellite images ahead. with voltaren arthritis pain gel. my husband's got his moves back. an alternative to pills, voltaren is a non-steroidal al for powerfulrthritis pain relief. volten, the joy of movement. and that's just basic wavy guy maintenance, right? 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(vo) buy your car online. love it or return it. with carvana. what's strong with me? what's strong with me? what's strong with me? what's strong with me? what's strong with me? me? with me! so moments ago right here on "new day," maggie haberman reported that last night, donald trump delivered a speech where he claimed he helped deliver victory to glenn youngkin in virginia. something to the effect of, without trump, youngkin would have lost badly, and he knows that. it seems the youngkin campaign might see things differently. one of youngkin's key advisers wrote yesterday before trump's speech, 365 days until the midterms, and the democrats donald trump-era lease in the suburb expired last tuesday. 2022 will hinge on candidate quality and who is more believably addressing real problems that affect voters' lives. joining me now is that adviser, will ritter. his ad agency created more than 40 of youngkin's campaign ads. thank you so much for being with us. that tweet you wrote caught my eye. you talked about candidate quality and addressing the real needs of voters, not the twitter outrage stuff. what exactly do you mean by that? >> thanks, john. thanks for having me on this morning. what i meant by that was that the glenn youngkin campaign was successful because we focused on three things that were affecting people's lives on a daily basis. schools, safety, and the cost of living. we specifically avoided national issues, twitterverse issues, and talked to people about issues they cared about. what we got was a ten-point swing from a year ago when biden really killed it in virginia. so i think that that is a blueprint going forward for the next cycle and for putting democrats on defense. >> it may be a model for democrats too, right? >> it could be. but in this case, you know, you had terry mcauliffe, former governor. he knows what he's doing. the democratic party would like to blame him and his candidacy, but i think there's a problem in the party. which is terry mcauliffe tried to rally up the democrat base by talking about divisive issues, talking about issues that weren't top of mind to folks, in an effort to drive up democratic turnout. because they figured they already had the suburbs, and they just needed to juice that turnout. well, that's not true. it turns out that you can't take any votes for granted. dp glenn youngkin was a fantastic talent, worked 18 hours a day, getting the message to those key groups that it resonated with. >> when you talk about the twitterverse/d.c. type of issue, what are those issues that you think the candidates and campaigns should avoid? what traps do you think they should avoid? >> yeah. no offense to this program, but the cable news cycle moves very quickly. if you try to run your campaign reacting to what is on cable news, reacting to what is on twitter, you'll be changing your message every day. we saw terry mcauliffe doing that. he'd throw up an attack, and then he would change it three days later. the last day of the campaign, he had 11 different messages on tv. we had three. some of these issues -- it's not that they aren't important, but what is most important? he was running an attack ad against glenn youngkin on climate change. gas is a dollar more than it was last year. this is when the price of groceries are going up. most of his advertising was negative, and most had to do with donald trump. this is a guy who is not on the ballot. he is not in office. people are smarter than that. they knew what he was doing. >> let's talk about donald trump. because as i noted, mag dpee re -- mag dgie reported that trump wa saying you guys would have lost without him. true? >> donald trump was supportive of glenn. he endorsed him. but the fact is, john, when we were on the trail, on the bus, people, regular voters were not asking us about trump all the time. they were asking us about schools. they were asking about the rise in crime rate. glenn addressed those issues instead of, you know, everything being a referendum on whether you like what trump said today or tomorrow. >> you kept him at a distance. let's face it, you kept him at a distance. how important do you think that is for republicans? chris christie out the other night speaking, gave a big speech where he said, we have to stop talking. . >> i think it is important. you don't dwell on losses. you have a vision that looks forward. that can't be about relitigating, you know, the 2016 election or the 2020 election. it's got to be going forward. the last day, closing message of terry mcauliffe was we're not going backward. our message was it is time for a new day in georgia. one was packward. one was forward. we have to give people a message they can rally around. >> does that mean trump sais a risk for some republicans around the country? >> i think when trump is relevant to people's lives, when you have to weigh in on something said, you can't take the bait. you don't talk about a former president when talking about your candidacy. glenn youngkin wasn't a trump republican or romney republican. he was a republican. that gave a hall pass to independents and to suburban people who had maybe voted for biden, who definitely voted for terry before, to come over and then vote for glenn. >> all right. will ritter, poolhouse, thank you very much for being with us this morning. i appreciate it. >> thanks, john. the cdc says close to 60% of americans are now vaccinated. at least 300,000 kids have been vaccinated since that shot was rolled out for 5 to 11-year-olds. but is that enough to put a dent in the number of new cases that we're seeing with children? joining us now, cnn chief medical correspondent dr. sanjay gu gupta. sanjay, you know, eight weeks of falling cases, but then we're seeing cases among children ticking back up. overall, the cases seem to be plateauing across the country. what's happening? >> yeah, i think that is what's happening. we can show you sort of what's been happening the past few months with the overall case numbers. you can see they've come down. they've been coming down slowly. they sort of have flat lined a little bit here. let me show you this in the context of the pandemic overall. over the last 18 to 20 months. what you find is that where we are right now compared to a year ago is pretty similar. numbers are lower than a year ago. what was different was the numbers were shooting straight back up at that point. now they've been coming todown, plateaued a little bit, but continuing to come down because of the vaccination status you just mentioned. children are really the demographic where numbers have continued to go up. that's the concern. that's why when we talk about the vaccine now being authorized for 5 to 11-year-olds, it could be a big deal. they are increasingly a source of transmission and increasingly a source of new cases in this country. >> where are we compared to last year, sanjay? right about now is when things started to get really bad. >> that's the big thing, john. if we look overall, we can do a heat map and say, okay, the united states, we paint the numbers with one number, but it is a bunch of different outbreaks in different parts of the country. the south is sort of cooled down a little bit. in part because there was just so much infection down here. hospitals were overwhelmed. people, you know, it is a high price to pay, but there's now more natural immunity or infection-acquired immunity. ultimately, you know, you may have in combination with vaccine and infection-acquired immunity, you'll get increasing immunity overall. some places, obviously, a high price to pay. let me point out one thing. vaccinated versus unvaccinated. this is one of the misconceptions i hear the most. get vaccinated, what difference does it make? you can transmit just as much as the unvaccinated. it's sim ply not true. if we have the graphic, the unvaccinated in blue versus the -- sorry. unvaccinated in black versus the vaccinated in blue. you can see, as you mentioned, 60% of the country is vaccinated now, they're far less likely to be transmitting this virus. that's part of controlling this pandemic as well. >> sanjay, i know one of the things we've been talking so much about is aaron rodgers not getting vaccinated, getting covid, having a lot of anti-vaccine, anti-covid-19 vaccination. many people believe the information or don't know if something is true or false. w walk us through this. >> take a look. this is stunning. this is the world in which we live. you know, the majority of people either believe or are unsure about at least one of these pieces of misinformation. it's a problem. you know, look, in some ways, this is 20 years worth of work for me, being a reporter, trying to address the numbers like that on the screen. i think there's the few things that jump out at me. i do think that people need to be getting into audiences where they aren't typically heard and talking about this stuff. there's lots of echo chambers happening all over the country. it's striking when i go talk to people who have misinformation. we did a piece on this last week. what they hear, what they believe, you know, it's really remarkable. it's not malignant. there's not yelling in my face about it. well, this is what we thought. the vaccines don't do anything. they just cause all these problems. so there's that information. i also think the social media component of this is so striking as well. if you go on and search for anything, you can find confirmation bias so quickly. it's very hard in a world of democratized information, to sort out what is good and bad. that'll be a problem. misinformation travels as fast. it can be as deadly as the virus itself. that's something i think is going to be one of the real lessons. misinformation existed for a long time. people like peter hotez would tell me, don't give it fuel. kind of ignore it. but i don't think we can do that anymore, given how much it is out there and the impact it's having. >> if only there were a vaccine against misinformation. >> right. >> dr. sanjay gupta, we appreciate the efforts you're making. i know you're trying. we know you're trying. you're talking to everyone who will listen to you about the truth, and you're doing an important job. thank you. >> thank you. why a man who almost died of covid apologized to the hospital workers who saved him. plus, a republican congressman tweeting out a clip that shows him killing his colleague. congresswoman ocasio-cortez. see how she's responding. next, a desperate father pleading for answers. most of all, attention in the case of his missing son. >> i'll say, you know what, they're not looking for my son, i'll do it myself. before discovering nexium 24hr to treat h her frequent heartburn... claire could only imagine enjoying chocolate cake. now, she can have her cake and eat it too. nexium 24hr stopacid before it starts for all-d, all-night protection. can you imagine 24 hours without artburn? 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>> number 14. >> reporter: navigating the dangers in the desert, the army veteran nknows firsthand time i of the essence. >> when i called the police department, they told me i had to wait three hours because they had 12-hour i guess report time. you say a person is missing. then i called them back and put in a missing person report. i got very worried. very worried. i asked the police department to search the area. they also told me that they were going to send a vehicle out there, a helicopter out to search for him. i was relieved. and then he called back an hour later and said, no, it was a no go. i'm his dad. and he's my son. i lost all sense of reality at that moment. i said, you know what, they're not going to look for my son, i'll do it myself. >> reporter: before he arrived, police did decide to search on foot and with helicopters. this is the last place your son was seen. >> last place. >> reporter: what do you think happened, david? >> i think a lot happened here. very suspicious. >> reporter: but he doesn't know what. a month in, there is a break in the case and police call robinson. >> i got afraid, actually, it is going to be some bad news. he said, no, we just found his vehicle. >> some ranchers found it. and then at that point we conducted our investigation and additional searches. >> reporter: what was the condition of the car? if it rolled over, sounds like it was pretty bad. >> the car was on its side. the sunroof was kicked out at that point. he might have exited through the sunroof. >> reporter: his wrecked car in a ravine, both air bags deployed, daniel's cell phone, clothes he was wearing that day and a case of water all found at the crash site. but not daniel. >> people don't just disappear into thin air. >> true. >> reporter: did that feel like that's what happened here? >> yes. yeah. it is very, very challenging case. >> reporter: no matter how much the family asks for this to be a criminal investigation, can you make that happen? >> we can't make up evidence. absolutely suspicious circumstances related to the case. >> reporter: frustrated and heart broken, robinson hired a private investigator. where are we going? >> down here is where the vehicle was recovered from. >> is that the glass from the car? >> reporter: yes. >> when you look at this accident, what are the discrepancies that you noticed right away? >> i believe it was more than one collision. >> what is the data from the black box of the cartel you? >> that there was 11 additional miles on the vehicle since the air bags came out. >> reporter: what does that tell you? >> that tells me it was crashed somewhere else. >> reporter: does that sound suspicious? what explains that? >> we had the national expert that came in and provided some findings and spoke to an expert at jeep and the jeep says sometimes that happens and it is not unusual. >> reporter: but the data shows someone tried to start the car 46 times after the crash. >> that's something we can't explain. >> reporter: it begs the question, again, the family is saying, it's criminal, it's got to be he's in danger, do something. >> i agree. but we need information. we need evidence. >> reporter: he's got a lot of theories. his words i think were i don't think they cared. what do you say to that? >> couldn't be further from the truth. >> reporter: losing hope, robinson began pleading for media coverage. >> it literally took three months. >> reporter: while robinson's search for his son, the country became riveted by media coverage of another missing person's case, the case of gabby petito. >> people think we love our children less or they're less important. >> reporter: in 2020, more than 543,000 missing persons records were filed. more than 480,000 were cleared. and 40% of the missing are people of color. >> there are a lot of gabby petitos and natalee holloways in the black and brown community. >> reporter: that's why former police officer derrickia wilson co-founded black and missing inc. and says too often their cases go untold. eventually local stations did stories and citizens began helping search. did you know daniel? >> no. i just wanted to help. >> reporter: you're just helping out a stranger on a saturday? >> yeah. >> reporter: why? >> you know what, i can't imagine what that man's going through. >> reporter: as the search for daniel goes into its fifth month, another family is in the midst of a terrible mystery for a fifth year. the family of nicky and ariana fitz. >> ariana is very energetic. very happy. >> reporter: 2-year-old ariana went missing under the most suspicious of circumstances in the san francisco bay area in 2016. her mother nicky fitz was found in a shallow grave in san francisco's mclaren park, but ariana was gone. >> it, one, breaks my heart that ariana is not with her mom. and ariana is not with her family. but it also breaks my heart even more is that i know that nicky wants nothing more than ariana to be with us, to be home. >> reporter: tessa fitz says she is convinced her niece ariana was taken by people close to ariana's mother. san francisco police search for weeks, they had some leads, but no arrests. a digitally altered photo was made of what she may look like now. >> she is 8 now. i don't want to see this in a picture. i want to see her face in person. >> reporter: should ariana fitz be a household name, like jonbenet ramsey? >> absolutely. why is her case any different from caylee anthony? i can tell you. the color of her skin is the only difference. >> reporter: for five desperate years, the family has continued searching, using flyers, social media and black and missing inc. >> do you think it has anything to do with color? >> i try to put myself in the mindset of the race issue with the media coverage. all i want is for there to be the media coverage for her. i think she deserves that. >> reporter: the fitz and the robinsons want only one thing. hugging their missing children once again. do you think ariana is still alive? >> i do believe that ariana is still alive and it would mean everything to me to know where she is and to find her. i wait for that day every single day. i believe that day will come. >> reporter: how long will you search? >> until i find my son. i have to. he's my responsibility. >> sara sidner joins us now. i think this is so important and i'm so glad you focused on it. we had a chance to talk to so many families like this, people of color, and what they tell us they want, they just want the acknowledgement that it is happening. they want people to see them. >> reporter: it is absolutely true. and i think that's where some of the frustration lies. and i'll be honest with you, when i was talking to daniel robinson's father, david, i apologized, i said, you know, we should be paying attention. and i take some of that responsibility myself as a reporter at cnn, that we do need to highlight these cases, and there is a bias that is out there, a lot of times these families are told, oh, well, your child is a runaway, or oh, well, your child, you know, this is an adult, so we can't really do anything. in the end, what ends up happening is there are lots of these cases of black and brown people that go untalked about, unnoticed, and unsolved. >> sara sidner, thank you. thank you for the focus on the report. appreciate it. "new day" continues right now.

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