Transcripts For CNN New Day With John Berman and Brianna Keilar 20240709

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spend nearly a decade relying on russian soyuz rockets to get our astronauts up to the international space station. brianna, the other thing that was so remarkable is the fact that the turnaround time on monday, crew 2, the previous crew, splashed down. and less than 48 hours we saw the launch of crew 3. nasa said that was the shortest turnaround between a splashdown and launch in human space flight history. so this is all important because this is exactly the moment that spacex and nasa have been working towards for so many years, this rapid reusability, this quick turnaround time to make space flight to orbit and eventually the moon and mars much faster. it was exciting to watch last night. >> it was. that turnaround time i think is what is striking. it's like they're coming up, they're going. it is just very regular. >> it's regular. and it's up to us to make it -- to remind folks that it is so incredible what they are doing. they just make it look easy. >> it really is. kristin, thank you for that. >> you bet. "new day" continues right now. welcome to our viewers in the united states and around the world. i'm brianna keilar with john berman. and it is thursday, november 11th, veterans day. there is a live look at the use marine corps. memorial, and of course a thank you to all who serve and who have served. the trial of kyle rittenhouse resuming today after a dramatic day in court with the accused killer crying on the stand. the judge berating the prosecution, and the defense demanding a mistrial. rittenhouse broke down on the witness stand as he described what led to him fatally shooting two people and wounding a third during unarest in kenos-- unres kenosha, wisconsin. >> there were people right there -- that put -- >> kyle rittenhouse's mother also crying as she looked on. >> also of note, the judge unleashed on the prosecution, accusing them of a grave constitutional violation as they cross-examined the teenager. >> i was astonished when you began your examination by commenting on the defendant's "post" arrest silence. that's basic law. it's been basic law in this country for 40 years, 50 years. i have no idea why you would do something like that. >> before the -- >> don't get brazen with me. you know very well that an attorney cannot go into these types of areas after a judge has ruled it is outside the area. i don't believe you. there better not be another issue. i'll take the motion under advisement. >> joining me is legal analyst elie honig. in just a minute we will dive into the drama we saw in the court. first, it is important to lay out exactly what's at stake here. kyle rittenhouse, what is he charged with? >> he faces six different criminal charges. count 1 relates to the killing of joseph rosenbaum, the person chasing him across the parking lot, who then gets shot and killed by rittenhouse. this is first degree reckless homicide. they don't have to prove that he intentional killed him but acted for disregard for human life by firing the weapon. and the count two is first-degree recklessly endangering the safety of richard mcginnis. count three, we will move out of the parking lot and onto the street scene where kyle rittenhouse is on the scene. this is anthony huber, the person who hit him with a skateboard. and rittenhouse shot him once in the heart. that is a maximum sentence of life in prison. count four, still on the street, attempted first-degree intentional homicide of gaige grosskreutz. he approaches him on the street, hits him in the arm, wounds him. does not kill him. that is why it is an attempted charge. a max there of 60 years. and count five is recklessly endangering the safety of this unknown man. he comes in and gives rittenhouse a flying kick. they don't know who this person is. the allegation is he shot at or in the direction of this person, endangering him. and count six is different from all the others. it is a misdemeanor, possession of a dangerous weapon by a person under 18. obviously, he possessed a weapon. he was se17 at the time. the max is nine months. each of these six counts stands alone. the jury will decide separately on each of the six counts. >> one through five, the defense is arguing self-defense. legally speaking, what does that mean? >> so here's what it means if you look at the law. a person reasonably believes, doesn't have to be correct, that force which is intended or likely to cause death or great bodily harm, shooting a gun definitely qualifies, is necessary to prevent imminent, close at hand, imminent death or great bodily harm. there is no duty to retreat or flee under wisconsin law. but the jury can consider the fact at certain points rittenhouse was running away from rosenbaum, for example. this is really important. the prosecution has a heavy burden in wisconsin. they have to disprove self-defense beyond a reasonable doubt. so if the jury is back there deliberating and say, eh, it's 50/50, that's not good enough. the prosecution has to overcome the self-defense defense. now, how are they making this argument? rittenhouse's lawyers are arguing when he was running across the parking lot, he was fleeing. there were other gunshots going off. and that he was reasonable using force. he got hit in the head with a skateboard, kicked in the head. so he was in reasonable fear for his life. and with grosskreutz, there is important testimony from him the other day. let's take a look at that. >> it wasn't until you pointed your gun at him, advanced on him, now your hand is down pointed at him that he fired, right? >> correct. >> that's going to be tough for the prosecution. so, now, the prosecution's response to all of this is he used unreasonable force. he didn't reasonably believe being hit in the head with a skateboard or kicked put his life in jeopardy. >> how would you make of the case so far? >> with grosskreutz, it will be a hard lift. he said i put my gun on him before he shot me. they are arguing provocation. that means if a person, rittenhouse, the prosecution argues, was engaged of unlawful conduct of a type likely to provoke others to attack him, then you cannot argue self-defense. so the prosecution is arguing essentially he went into kenosha looking for trouble. and they've argued he got a gun illegally, he traveled across the state line from illinois into kenosha. that his claim that he was there as a medic to help people out was a reduce and the real reason was he wanted to start trouble. >> all right. the legal background here, elie, thank you very much. >> thanks, john. >> so much to talk with our senior legal analyst and founder of hatchet firm and of "the verdict." judge, to you first. what did you think of thissen credible day of testimony? did kyle rittenhouse help himself? >> i thought that it was critical that he take the stand. so often we don't see this. very rarely do you see a defendant, particularly in a double homicide case, take the stand. but they had to. they had to have him paint the picture that he feared for his life and that he was justified in using lethal force in the situation. he had to say he was retreating at one point. he had to say that he feared he heard gunshots. and that was the critical decision i think that the defense had to make to put him on the stand. he showed emotion yesterday. but he didn't seem remorseful to me. and i was wondering how the jury will interpret that in that situation. they did an amazing job in laying out all the folks here. and the whole notion of provocation, too, is going to play a real big factor in this case, whether the prosecution will be able to overcome this issue of self-defense by saying that he was there and he was very provocative in his actions. >> paul, what do you think? he was emotional but not remorseful? >> a jury might decide that. the jury will say his remorse was demonstrated when he broke down and virtually started crying as he relived what happened that day. it might have been an element of remorse in that expression of emotion. but i think, brianna, the defense walked him through a very compelling self-defense case. i mean, when rosenbaum, one of the people who was killed in the incident, he first encounters rosenbaum, he says i'm going to kill you. i'm going to cut your heart out. and then pursues him. and he ends up shooting rosenbaum, allegedly, when rosenbaum tries to jump him and grabs the gun. and then a mob of people pursue rittenhouse. he falls to the ground. and he says then anthony huber struck him with a skateboard being used like a baseball bat. and that the second individual, grosskreutz, pointed a gun at his head. so he had no choice but to fire the shots in self-defense. that's the case the defense puts on the table, and it's a strong case. it is a hard case for the prosecutor to overcome. >> i agree with you, paul. >> i wonder, judge hatchet, what you think about this judge admonishing the prosecution not just once, many times. but this was perhaps the most heated moment. let's listen. >> i was astonished when you began your examination by commenting on the defendant's "post" arrest silence. that's basic law. it's been basic law in this country for 40 years, 50 years. i have no idea what you would do something like that. >> before the -- >> don't get brazen with me. 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. so don't give me that. i don't believe you. there better not be another incident. i'll take the motion under advisement. >> the motion was by the defense for a mistrial with prejudice, which would mean it could be declared a mistrial and there would not be a retrial of kyle rittenhouse. judge, what did you think of that moment? >> well, i -- first of all, the judge is absolutely correct on both of the points. if there had been a ruling, and there was in this case, that they couldn't bring in evidence of prior acts, but particularly the second piece of this, of commenting on rittenhouse's behavior "post" arrest. we know that is not allowed. and the prosecutor should not have done that. now, you know, the judge has been criticized. people say he was over the top. and i thought he was a little over the top. but we are human. but he was absolutely correct on both points. now, as to the motion for a mistrial with prejudice, i really doubt that will happen. some speculate that the prosecutor really wants a mistrial in this case. but that's a risky, risky road for him to go down under these circumstances. >> what do you think, paul? >> i agree with the judge here. and i just want to add something else to the table. if a mistrial in a case is caused by prosecutorial misconduct, sometimes the appellate courts say double jeopardy applies. and that means he couldn't be retried on these charges again. this is very different from a juror getting sick and you're not able to finish the trial or a hung jury maybe. you hear a lot of times there's a mistrial after that and they retry the case. but if you have deliberate misconduct by a prosecutor causing the mistrial, double jeopardy can apply. so i think the judge is going to be very careful about this. this is a murder case. it's an important case. i don't see him granting the mistrial because it would be too dangerous. the judge is going to rather take the verdict from the jury in this case. >> what a day in court, though. what a day. >> yes. >> jump dge hatchett, thank you much. paul, thank you. judge reflects trump's bid to keep january 6th documents secret. two brothers who were right there in the astroworld concert. and this story is just stunning. a mysterious attack on a star soccer player. why it might remind you of tonya harding and nancy kerrigan. it's our veteran's day sale on the sleep number 360 smart bed. it senses your movements and automatically adjusts to relieve pressure points. and its temperature balancing so you both sleep jujust righ. save $ $1,000 on the sleep numr 360 special edition smart bed. plusus, free premium delivery when you add a base. ends monday.y. ♪ ♪ ♪ hey google. ♪ ♪ ♪ ♪ ♪ ♪ it's my 4:05 the-show-must-go-on migraine medicine. it's ubrelvy. for anytime, anywhere migraine strikes, without worrying if it's too late, or where i am. one dose can quickly stop my migraine in its tracks within two hours. unlike older medicines, ubrelvy is a pill that directly blocks cgrp protein, believed to be a cause of migraine. do not take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. ask about ubrelvy. the anytime, anywhere migraine medicine. new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today. with xfinity home, you can keep your home and everything in it more protected. i can wrangle all my deliveries. thanks, hoss! and i help walk the dog from wherever. *door unlocks* ♪ ♪ well, i can bust curfew-breakers in an instant. well, you all have xfinity home, with cameras to home security monitored by the pros. *laughs* learn more about home security or get our self-monitored solution starting at just $10 per month. survivors coming forward to describe the scene from the deadly crowd surge at last week's astroworld festival in houston. two brothers who were at the concert say they were pinned against metal barricades, gasping for air and fearing for their lives while they witnessed hundreds of bodies on the floor from fellow concertgoers passing out. joining me now the two brothers, jonathan and attorney rick ramos. he plans to file a class-action lawsuit on their behalf and two dozen others. jonathan, thank you for being with us. tell me what you guys went through. >> a tragedy, sir. the moment we got there, it was an eye opener. we got there with excitement. we were waiting for this event the last two years. we worked pretty hard to get our ticket. we show up, and it just unraveled. >> unraveled how? >> in chaos. we got there. immediately we went through the covid line. we go through there. we go to another line where you get your tickets checked in and scanned in. when we were walking to get our tickets scanned in, fans immediately buzzed down -- busted down a fence that shouldn't even be busted down. there was about 50 people that just break the fence down, immediately started running. right there, it's eye opening. you see a bunch of kids running towards you. you're like, what do i do? >> brian, you say you're having trouble sleeping. why? >> yes, sir. just because i saw people screaming in front of my face, just trying to fight for their lives, basically. everyone's life was in danger. and i just saw people passed out, bodies on the floor, just a lot of stuff you don't see on a daily basis. >> did you think you were going to make it out of there alive, bryan? >> i had a 50/50 chance. it was either me living or dying. at one point i thought i wasn't going to make it. >> jonathan, you know, you guys are obviously travis scott fans. how much do you hold him responsible? >> completely responsible, sir. he had the biggest microphone out of everybody. and i think it's crazy how poorly it was set up. like i said, from there, we knew -- when you start off poorly, i don't get how you would expect it to finish with a success. >> so, rick, counselor, i understand you're filing a class-action lawsuit immediately, within minutes. what are you alleging here? >> we're alleging liability. we're also holding mr. scott responsible. mr. scott had full control of that crowd. if you just look at social media or any other type of video or audio you will see mr. scott dictating the pace of the concert, the crowd, whether it is raising the hand in the air and give the middle finger, which the crowd does on cue, jumping up and down on cue. he finished the entire set all the way to the end even though there were bodies in front of him. and there's videos of this, floating, meaning they were basically being surfed right out of the crowd, outside of a barricade, while kids were passing out. and erp they are stomping over each other because they couldn't breathe. they were all barricaded into one slot almost like cattle. so that's essentially what caused these kids basically to be pinned up against iron bars that essentially were bolted into the ground which essentially caused cracked ribs for them essentially and it didn't stop. they were had he pinned for about 15 minutes a pop. >> the other side is saying there is too much finger pointing at this point. what do you say to that? >> they want the finger pointing because they want to relieve him of the consequence and the liability. but he has the mic. he has full control of the crowd. the best example i can give you, if you look at the video when he says put your middle finger up in the air, the entire crowd puts the middle finger up in the air. so mr. scott has full control of that crowd. if he told them to do a backflip, they would have done it. you know what, he chose to just continue, get them amped up, shake the ground and just continue the energy of that crowd even though he knew exactly what was going on in front of him. there's no finger pointing here. you should not do that. you are held hereby responsible for your actions and behavior. >> the question will be, as part of this investigation, how much was travis scott aware of what was going on in the crowd during the concert? and i imagine that will come out during the examination. rick ramos, thank you. jonathan and bryan, i wish you the best. i'm sorry you had to go through. i hope the next few days you feel better and you can get some sleep. thank you. >> thank you. >> thank you. the january 6th committee targeting people in the mike pence inner circle. what do they know and will they cooperate? 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call the barnes firm now to find out. yoyou ght t beurprpris breaking overnight, a federal judge saying schill not help former president trump as he attempts to buy time in his argument to keep records from his presidency around the january 6th events secret. judge pointing him instead to an appeals court. her decision comes a day after s. robert costa is co-author of the best seller "peril" which keeps popping up as the committee cites it in these subpoenas. what do you think about this development, the judge has denied this request for a stay. but it's not the end of president trump's potential legal avenues to get this information to stay down. >> it is likely this legal fight will go all the way to the supreme court. it's going to be critical for the house january 6th committee to have these records. if they do not know who president trump was calling on january 5th, january 6th in the morning, then how do they really have a full portrait of his conduct? and we're never going to have clearances unless we have the documents in our hands as reporters. >> yo you book is being cited time and again, the one you wrote with bob woodward. >> this committee still needs a break through witness. our book shows a firsthand account of people who are participating. we give a picture of satellite witnesses, people knowledgeable about events. what this committee needs clearly is some kind of witness to be the john dean of the january 6th committee. so to go before cameras, publicly tell a story and detail if there was a criminal conspiracy in any way. >> so that day the vice president was obviously very much in danger in the capitol. and you now see the committee zeroing in on his inner circle, including his former national security counsel, keith kellogg, among others. what is your expectation what they can learn from keith kellogg and whether he will tell them something? >> general kellogg is someone very close to president trump. as a reporter, my assessment would be low expectations about kellogg. he is someone with trump on january 6th. he witnessed the president in the oval office. but this is someone who many pence allies would say privately and publicly is very cozy with trump politically and personally. >> at the time, though, those around pence, those who would be more loyal to pence than to trump, were very upset with the president for not intervening, right? >> they're over at the capitol. and there's still some confusion among pence associates why kellogg, pence's national security adviser, stayed at the white house january 6th instead of the capitol with most of the pence advisers. . >> i wonder if you are seeing this. but after this election in virginia where the governor distanced himself somewhat astutely from former president trump, some republicans seem to be a little emboldened, like chris cancer christi who said this, and obviously he may be considering a run. he said this, basically taunting former president trump about losing. >> i'm not going to get into a back and forth with donald trump. but what i will say is this, when i ran for re-election in 2013, i got 60% of the vote. when he ran for re-election, he lost to joe biden. i'm happy to have that comparison stand up because that's the one that really matters. . >> ouch. what do you think? >> where is the path at this point in the republican party for someone like chris christie? you would live up in new hampshire, we would go to the red arrow diner, that john mccain strategy of being an independent voice in new hampshire. trump dominated in new hampshire when he ran in the primaries. so christie is trying to get out there. so are other republicans. trump still has the political cap capital. you have to take them on. but christie is also, like so many republicans, in a sense, politically compromised that famous photo of christie standing behind trump. so many republicans enabled him along the way. >> he did debate prep with him for crying out loud. >> he did. he was with him in 2016 and 2020. >> co-author of "peril". thanks so much. . >> thank you. the judge in the kyle rittenhouse trial exploded at the prosecution. let's watch it again. >> i was astonished when you began your examination by commenting on the defendant's "post" arrest silence. that's basic law. it's been basic law in this country for 40 years, 50 years. i have no idea what you would do something like that. >> before the -- >> don't get brazen with me. 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. so don't give me that. i don't believe you. there better not be another incident. i will take the motion under advisement. >> joining us now is a retired united states district judge for the southern district of new york. your honor, thank you for coming in here. before i talk about the law, and i do want to go into the law here, i just want to ask about the performance there. because as a layperson, who thankfully for me hasn't been in many courtrooms like this, i haven't seen a judge explode like that before. but how unusual is it to see that burst of emotion? >> i don't think it is very unusual. remember, this was done outside the presence of the jury. what would have been bad is if he did that with the jury present. but outside it's not unusual. he was angry. judges are human. they do things like that, especially when someone does something they think is so obviously wrong. so i can see judges do that. >>. >> so it does happen? >> outside the presence of the jury. that's the important point. >> but inside the presence of the camera. the world is watching this. does that matter? >> no, i don't think so. he had a right to be very angry there. if you think a lawyer is crossing the line, for example, commenting on the silence. everybody knows that you can't say somebody was silent. there's a right to remain silent. so the judge was angry. and also the judge had previously ruled on one of the issues. and the prosecutor seemed to cross that line, too. so there was a good reason to be angry. . >> we'll get to the law i promise. one more time on the emotion. the jury was out of the room. >> correct. >> i don't know how far away they were? >> they don't hear. and they don't hear about this? what if they, a, heard, or, b, hear about this? >> they didn't hear because they are very carefully constructed for that person. they are instructed they are they are not to read the press, not to watch tv. and we trust that they really don't. now, sometimes the court will voir dire a jury and say did anybody read the therapy, did anybody watch the news. stpheupls sometimes a juror will admit it, and that's i problem. >> two things the judge was ticked off with. when the prosecution approached that line of getting close to kyle rittenhouse's choice to remain silent >> correct. >> and two, where he delved into his propensity to commit crimes. why are each of the issues so fortunate for the judge? >> a defendant in every criminal client has that right. so that was basic law. basic law. and the prosecutor really stepped over the line even raising that. and the judge was shocked. the other issue, the court had already ruled that certain similar act -- evidence, we call it, couldn't come in. so he had a prior ruling. if that prosecutor felt the door was open because of the direct examination of rittenhouse, then he should have asked to see the court without the jury present. he should have said may i see you at the sidebar. the judge would have excused the jury and discussed that question. but he didn't. he just went for it after the judge had ruled. and the defense objected and rightly so. >> they might ask for a mistrial with prejudice, which would mean this thing is gone forever. >> correct. >> so how will the judge approach this? >> i think the judge will be very, very reluctant to grant a mistrial with prejudice which, as you said, invokes double jeopardy. the case would be over and it won't be retried. he won't do that. i really don't think he will do that. i could be wrong, but i don't think he will do that. he will let it go to jury and take a verdict. he could if he wanted to because the prosecutor really crossed the line, but i don't think he will. . >> last question. >> sure. >> based on what we saw with the emotion, what are you expecting when he does the jury instructions? >> i think this will pass and i don't think it will be mentioned in the jury instruction. he's not going to add, by the way, you should ignore the prosecutor's questions. that would be unlikely, in the extreme. i think there is enough meat for the jury here as it is on the self-defense issue. >> there your honor, now that i know you're okay with that level of emotion, i'll be much more gentle in my questions. thank you for coming in, your honor. i appreciate it. >> thank you. >> we mentioned chris christie and donald trump fighting with each other. we have new cnn reporting just in on why trump is being told he may not be wanted on the campaign trail. and it seems to be almost like a tonya harding/nancy kerrigan situation all over again. did a french soccer player plot an attack on her own teammate? 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it's is an affront as to who donald trump is. so is he really open to that? >> it assumes a great deal of deference from somebody who is notorious ly prideful and assums every single republican will be making the trek to mar-a-lago begging on their hands and knees for him to help. there might be some republicans who take a step back and say, hey, i don't think i want the former president to be in my district. it could actually hurt. i might want his endorsement, but i don't want him showing up. it will take a lot of equipsing to get the former president on board with something like that. >> gabby, great reporting. thank you. this is your first appearance back from maternity leave. so congratulations to you guys. >> thank you so much. good to be back. >> beautiful baby girl. thank you. >> thank you. all right. wait until you thatter this story. a pro soccer player in france under arrest charged in connection with a violent attack on one of her own teammates. the case understandably is drawing comparisons to the plot on tonya harding and nancy kerrigan before the 1994 winter olympics. cyril vanier live in paris. i couldn't believe this when i read this yesterday. >> reporter: absolutely. same here. this was not on my radar at all. my jaw dropped, john, when i saw the details of the story. bear in mind, there's still a lot of answers. the main answers we do not have. very serious questions at in stage have already been raised. the story starts last thursday. this is the women's soccer team of paris-saint germain, the famed football club. the story starts last friday, the starting midfielder is dropped off at her house by her teammate, diallo. as they near the house, she is pulled out by masked assailants who beat her on her legs with an iron bar and then fled. and they haven't been found. she missed the following game, champions league game. the story took a darker twist when diallo, her teammate and her friends, by the way. they are said to be friends. they have posted pictures of themselves together on holiday, on instagram. they are said to have a close relationship. diallo was pulled in for questioning. stes still undergoing questioning as we speak. she has denied being involved in the incident. we don't know what evidence, if any, the police are working on. we don't know what they have dean against diallo. but there is some objective competition between the two for playing time and for playing opportunity. >> i will be watching this very closely. cyril, please keep me posted. appreciate it. so new details in the drama inside the kyle rittenhouse courtroom. how will the prosecution try to move on from these moments yesterday? and will the historic surge in inflation hurt democrats in the 2022 midterms. former democrat senator al franken joining us next. when did you see the signs? when i needed to create a better visitor experience. improve our workflow. attract new customers. that's when fastsigns remmended fleet graphics. yeah, and nobusiness is rolling in. get started at fastsigns.com. some people have joint pain, plus have high blood pressure. they may not be able to take just anything for pain. that's why doctors recommend tylenol®. it won't raise blood pressure the way that advil® aleve® or motrin® sometimes can. for trusted relief, trust tylenol®. [sigh] ♪ dramatic music ♪ [sigh] ♪ ♪ ♪ ♪ [typing] ♪ ♪ [typing] ♪ ♪ [typing] ♪ ♪ ♪ ♪ ♪ music swells ♪ ♪ ♪ [footsteps] ♪ ♪ [typing] ♪ ♪ inspiration is out there. go find it. ♪ ♪ i'll shoot you an estimate as soon as i get back to the office. hey, i can help you do that right now. high thryv! thryv? yep. i'm the all-in-one management software built for small business. high thryv! help me with scheduling? sure thing. up top. high thryv! payments? high thryv! promotions? high thryv! email marketing? almost there, hold on. wait for it. high thryv! manage my customer list? can do. will do. high thryv! post on social media? hash-tag high thryv my friend! get a free demo at thryv.com. your shipping manager left to “find themself.” leaving you lost. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire consumer prices remain too high, tell us, the american people in the midst of this economic crisis, recovery is showing strong results, but not to them. so looking out there, everything from a gallon of gas to a loaf of bread costs more. it's worrisome even though wages are going up. he still face challenges. we have to tackle them head on. >> president biden under pressure with inflation in the u.s. rising at a rate not seen in three decades. joining us now, former democratic senator and host of the al fran kin podcast, al franken. >> thanks for having me. >> the last time we've seen these numbers was 1990, a long time. prices when they rise, it really does hit people. what kind of challenge does that pose politically? >> it hits different people differently. no one likes it. no one likes to pay 6% higher for turkey or more. and what happened here was that we had this shutdown, basically, because -- this is a pandemic. this is a pandemic. oil went down to nothing. it cost more to store oil than sell it, so there was no new oil being produced. now there's demand because people are starting to work and our supply chains -- there an explanation for this. that doesn't help someone who is buying stuff unless they're getting a higher-paid job. even then, you don't like paying for it. >> that's the thing, right? there is an explanation, but you're paying more, you know you're paying more and you're upset you're paying more. >> exactly. and hopefully we'll see some progress on this, but partially we didn't see the progress on the pandemic that we had hoped to see. remember back july 4th, but when the delta variant hit, that slowed things down. we're seeing spikes in covid still. so we don't know exactly when the end of this is going to be. now, there are pieces of build back better that will make life cheaper. insulin will be cheaper. child care will be cheaper. if you're getting medicaid lou the new medicaid program, that will be cheaper. >> if you're the president or a governor or someone, how do you prove to voters that you're dealing with inflation, that you're concerned about it or addressing it? >> i think the proof is in the pudding. you can say all you like, i'm on it. but until people see it go down from 6.2%, they're just -- it doesn't matter what you're saying. of course you're going to say i'm concerned. >> shawn patrick maloney who runs the house democratic campaign committee says he wants to see president biden out there around the country much more touting the infrastructure bill. he's going to sign it on monday. he wants to see biden out there much more. do you think more is good of joe biden? >> i do. i think when you have an infrastructure project that people really want. an extension of a highway, for example -- can i tell you a little story? as you know, in 2009 there was an infrastructure package voted for. i hadn't gotten there when it was voted on, but i went to a groundbreaking months later for an extension of highway 610 in the western suburbs of minneapolis. amy klobuchar was there, i was there, and for some reason, eric paulson, the republican congressman who had voted against it decided to be there. when i talked, i said, well i don't deserve credit for this, i got there too late. let's just give credit to all the members of congress who voted on it. there's amy -- oh, eric didn't vote for it. hmm. anyway, amy. you're going to see republicans who are condemning the 13 that gave biden the victory. they're going to be out there groundbreaking. that's what i want to see. >> on the issue of inflation, the next step, the build back better agenda, joe manchin has been very concerned. yesterday he said by all accounts the record inflation is not transitory and instead getting much worse. from the grocery store to the gas pump, americans know the inflation tax is real and d.c. can no longer ignore the economic pain americans feel every day. do you think manchin will be there when joe biden wants him to be there for the rest of his agenda or does this mean manchin is getting cold feet? >> he blows hot and cold, mainly cold, but i think he will be there. yes, all that money in infrastructure maybe increases inflation, but boy, it creates a lot of jobs for a lot of people, doing much, much better. and by the end, at the end of that we have infrastructure for five, ten, 30 years that will make our economy work much, much better. >> i want to ask you to weigh in on republican politics. former new jersey governor chris christie is now, in a way, taking on former president donald trump. christie is suggesting republicans need to move forward, not talk about the last election. trump said his approval rating was 9%. this is how chris christie responded on camera. >> i'm not going to get into a back and forth with donald trump. what i will say is this, when i ran for re-election in 2013, i got 60% of the vote. when he ran for re-election, he lost to joe biden. i'm happy to have that comparison stand up. >> what worries me about this, is the possible significance of republicans thinking they don't knee donald trump anymore. >> there's going to be an interesting thing as you saw in december in, come here, go away, come here, go away. youngkin played it well. i think you'll see a lot of dancing by republican candidates depending on what state they're in, what district they're in, and i think chris christie wants to be president and has wanted to be president for a while, and that seems to be an indication that he's looking for any opening he can find. >> al franken, great to see you. thanks for coming in. >> good to see you, sir. >> be well. "new day" continues right now. good morning to our viewers in the united states and around the world, i'm john berman with brianna keilar. it is thursday, november 11th. it is veterans day. you're seeing live pictures of the u.s. marine corps memorial, semper fi. thank you to all who served. the kyle rittenhouse continues with the accused killer crying on the stand t judge berating the prosecution and the defense demanding a mistrial. rittenhouse burst into tears on the witness stand as he described what led him t

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