we're counting down with just hours until these records could be released to lawmakers. cnn's kara skinnel is following the breaking details. what more do we know? >> the former president has filed a motion with the appeals court here in washington, d.c. asking them to briefly stop the national archives from turning over records to the house committee investigating january 6th. the former president's lawyers saying there are big constitutional issues at play here and have asked the court to briefly pause these records. they were due to be turned over by 6:00 p.m. tomorrow. now in this filing the former president is saying that, you know, one of the -- one of the things here that they are hoping to persuade the appeals court to do is they have reached an agreement with the house but they have an expedited briefing schedule which means these briefs could be done by as early as monday or tuesday of next week which would put this before the appeals court if they agree to take it up and get a resolution to this soon so they are hoping to do this on an exbedated schedule. t the issue is they are trying to block the white house visitor locks and call locks as well as draft of speeches as well as three handwritten memos from trump's former chief of staff mark meadows. this is the first of many tranches. there are as many as 700 documents that the committee is hoping to get from the national archives. the former president here saying he wants to block some of of them from going over because of the executive privilege. that has been denied twice by a lower judge. now they are bringing this up, the appeals court, and hoping to get a brief pause and time to argue before these records get turned over by 6:00 tomorrow. >> and they aren't stopping on requesting new people to testify, new documents from a number of different sources. we're learning the january 6th committee is targeting vice president mike pence's inner circle as well. bring us up to date on that. >> reporter: reports are that the committee is trying to get information from five people from mike pence's innerle including his former national security adviser keep kellogg. he was with the former president on january 6th. they are also hoping to get information from his former chief counsel greg jacob as well as his former chief of staff mark short. sources tell my colleagues that some of these may voluntarily cooperate and ask for a friendly subpoena and use that to get testimony and provide information to the committee. a lot of the former president's allies have relied on,tive privilege which is why they have not corporated with the investigation. if this does move quickly that could present ramifications for those people and current efforts not to cooperate. >> thank you so much for all of your reporting. joining us to discuss is kim whaley, law professor at the university of baltimore and former u.s. attorney and author of "how to read the constitution and why." so kim, back to this new filing from trump and his team asking for the court of appeals to put a pause on, you know, this tranche of document that are set to be released tomorrow at the committee. walks through what happens next. do you think the court will grant trump this emergency stay? >> it's interesting, ana. this is also a motion for an injunction on an an injunction. this is a pretty rare move of what was filed today. they already have settled for a potentially expedited briefing, the question of the big injunction. that is should they -- the disclosure of the documents pending a resolution of whether or not donald trump has this authority and then they ask for a mini stay based on that decision. the other side, coming, has not taken a position on it so congress isn't pushing bark and saying this is harming us by waiting so my guess is the court of appeals might just grand it just for the sake of, you know, everybody getting a lot, but i think the arguments on the merits that this is preliminary relief that donald trump has, that he has to show that he's likely to win, and at the end of the day this is a duel between a sitting president and former president. he's essentially arguing that his rights as a former president supercede juden's rights when it comes to executive privilege. these aren't his personal records. these are his official government records and believe to the people under the act so i think ultimately he'll lose. the question is will the delay be enough to basically thwart the january 6th commission work until the mid terms when i think the republicans hope to take over the house and cancel the entire process. >> so how long could the delay last if this pause is granted? >> it could potentially last months and that is if the pause is granted and there's an expedited review on the merits and say the court of appeals agrees with the lower court so he loses again. that could still go to the supreme court of the united states. they could either say, listen, we're not touching this, we're going to let the lower court rules just control and then congress will get the documents, but, you know, this supreme court is sort of whimsical. we don't know when in this moment they will jump in and take things on an expedited basis or not. it's really hard to predict with the 6-3 majority, ana. this is exactly the issue that came up with sb-8 and the abortion issue in texas and many of us law scholars thought because of this emergency concept the supreme court should have stopped that law in texas but it allowed abortion rights to be violated every day and here we're having a conversation as to whether donald trump's tangential rights to keep this information from congress warrant a delay. it's just kind of head-spinning. i think ultimately he'll lose but he might win does sort of the rush for time. >> we'll see. okay. a lot could happen here in the next few hours, maybe during this show. thank you so much, kim whaley. we'll have you back when we have new developments. right now testimony resumes in the double homicide trial of kyle rittenhouse after a day of intense drama and courtroom confrontations. the teen shooter breaking down in sobs while testifying that it was self-defense when he killed two people and shot another during a night of unrest in kenosha, wisconsin, and the judge angrily and repeatedly lashing out at the prosecution. today more friction as a possible mistrial hangs over this case which could go to the jury as early as tomorrow. cnn's shimon prokupecz is in ken shampt the defense continues to call witnesses today. fill us in. >> yeah. so, they called an expert witness, his name is john black. he's a force expert on use of force. he testified this morning about the sequence of events, the timing, the number of seconds that it took between each of the gunshots to be fired. he's going to be turning to the stand perhaps now after lunch for cross-examination, but in the meantime, the defense also called two additional witnesses, one is a police officer who collected shell casings and then now an eyewitness, they say someone who is an eyewitness who has video that he took on his own of the events surrounding the shooting, so that witness is now on the stand. also what happened today was during the direct examination of this expert witness there were some questions asked. the prosecutor got up and objected to some of the questioning and then the judge sort of commented, he noticed some facial expressions that the prosecutor was making, and here's what the judge said in response to that. >> i'm a little bit challenged when you say is there something that i'm seeing that draws the face face that you're making. >> reporter: what happened was the prosecutor is saying you yelled at me about basically the same thing that the defense attorney here is trying to do and then the judge responded and said, well, what you were trying to do yesterday was basically violate the fifth amendment so that was really the only time that the prosecutor and the judge address what had had occurred yesterday. it is expected that the defense is going to wrap up their case this afternoon, and then we had heard that the prosecution may have some rebuttal witnesses but we'll wait and see if that in fact is the case. as you said, this case could be wrapping up tomorrow. >> shimon prokupecz, thanks so much for your reporting. terse exchange between the judge and prosecutor and the social media saying this judge doesn't like the prosecutor. what do you make of all that have? >> reporter: good to be with you. this is what happens in courtrooms every day to be clear. this is not a unique experience. number one, judges have to control the courtroom so in the event that the judge believes that the courtroom have being disrespected and pivoting quickly yesterday, ana, with an attempt by the prosecutor to go against a defendant's constitutional rights. the judge said you know the defendant has a right not to bring anything and to the extent that you bring that up you're really violating his rights and you can't be doing that because i could declare a mistrial so the judge had something to say about that. in addition to that yesterday the prosecutor started to go into something that the judge precluded and prohibited to talk about something you can't do and the judge had that clear. i've been scolded by judges before, my adversaries have within scolded by judges before. this is what happens in courts in america, and so switching to today, apparent lit judge was uncomfortable with the gheeporror courtment or facial expressions of the lawyer and said, hey, what's going on here so this judge controls his courtroom. i don't think anything nefarious or untoward about it, right. people will form lathe late their own opinions. i'm not supporting or protecting a judge. i'm telling that you when you go into the courtroom, if you violate the directives in the form. court the judge will let you know just like judges have let me know whether you're on the prosecution or defense, if you don't follow the rules, you're going to their and that's exactly what i heard and that's exactly what i make of what's going on. >> this is the same judge who is weighing a defense motion for a mistrial with prejudice, this after what happened today, after he went off on the prosecution yesterday for getting close to or even cross, he says, some constitutional boundaries. remember this. let's watch. >> the problem is this is a grave constitutional violation for you to talk about the defendant's silence, and that is -- and you're right -- you're right on the borderline, unmay be over, but it better stop. >> so he is still taking the mistrial under advisement. he hasn't made a decision. what does that tell you? >> reporter: you know what, aina, just to be clear. junction, look at them as referees, judges really monitor what evidence is seen by the jury, what evidence cannot be seen. what the rules of engagement are going to be, and the jurors assess what the facts are going to be. it's in their domain, the jury, what the facts r.it's in the judge's domain to look at, evaluate what the actual procedure is and what evidence comes in. why do i say that? because when you have the judge say, listen, counsel, you're an experienced trial lawyer, you know that a person has a right to remain silent, to the extent that you bring that up to infer that he was silent, that is mr. rip thehouse because he was guilty, that's improper. you're a prosecutor. you can't do it. that means a mistrial in the event the judge wanted to go that way. now yesterday saying he'll take it under advisement means when you make a motion to the court, it's not only support or predicated upon your verbal statements, ana, you have to back it up by case lawyer. what lawyers do is look at prior cases. how is that handled. we're very much into precedent called starry decisis. if that happens the trial would be over because the case was dismissed with prejudice so that's a very serious consequence. >> not had a mistrial because of a juror issue or a hung jury and in the end when they were deliberating it's going to be a situation in which the case is closed. joey jackson, we could see the jury get this case tomorrow, we're told so there is a lot tso i will have you back to discuss further. >> looking forward to. president biden sounding the alarm on inflation after initially downplaying the rise in prices in july, but is there anything he can do? plus, houston police and lawyers for travis scott now pointing fingers at each other over who should have stopped the congress. it comes as lawsuits over the tragedy keep piling up. and nearly is-1 million kids ages 5 to 11 now have the covid vaccine shot. is this the key to getting out of the pandemic? it feels too good to be true. it's kicking back and relaxing as we pick up your car. and when you get paid on the spot, it feels like scoring big. you know the feeling. you just never imagined you could get it from selling your car. well, with carvana, you can. experience the new way to sell a car. my plaque psoriasis... ...the itching ...the burning. the stinging. my skin was no longer mine. my psoriatic arthritis, made my joints stiff, swollen... painful. emerge tremfyant™. with tremfya®, adults with moderate to severe plaque psoriasis... ...can uncover clearer skin and improve symptoms at 16 weeks. tremfya® is the only medication of its kind also approved for adults with active psoriatic arthritis. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. tremfya®. emerge tremfyant™. janssen can help you explore cost support options. watch: serena williams... wonder woman.... serena... wonder woman... serena... ace. ♪ ♪ get your tv together with the best of live and on demand. introducing directv stream. kevin! kevin? kevin. oh nice. kevin, where are you? kevin?!?!? hey, what's going on? i'm right here! i was busy cashbacking for the holidays with chase freedom unlimited. i'm gonna cashback on a gingerbread house! oooh, it's got little people inside! and a snowglobe. oh, i wished i lived in there. you know i can't believe you lost another kevin. it's a holiday tradition! that it is! earn big time with chase freedom unlimited. how do you cashback? chase. make more of what's yours. inflation quickly becoming a bigger issue for pblgd. he acknowledged that prices are too high and that is, quote, wors worrisome. in fact, the u.s. commerce department says inflation is surging at its fastest rate in 30 years, and with thanksgiving just two weeks away we're all feeling the pitch. cnn's vanessa yurkovich is in iowa talking to residents there about how rising prices are impacting their wallets. vanessa, what are people telling you? >> well, ana, as you can see just behind me, over $3 a gallon for gas. that is what iowans have been paying for about a month now, just one of the rising costs they are facing ahead of this holiday and winter season. there's a chill in the air in iowa. winter is coming. >> it's coming. so we put the fireplace on and get a little pete that way instead of turning the furnace up. >> that's because heating bills for many iowans could nearly double this winter. a warning from the state's largest power provider mid-american energy. >> we're all hard working middle class folks, so, you know, we can't go too far out of our means to make ends meet, but you've still got to eat and live. >> on wednesday the u.s. once again woke up to sticker shock, cars, gas, energy and food, just some consumer goods that rose .9% together on average in october and they are up 6.2% this past year. the biggest twelve-month increase since 1990. >> bacon was pretty high. i've kind of seen it on the news a little bit. but, yeah, it's jumped up a few dollars. >> did that stop you from buying anything? >> thought i'd buy it and put in the freezer? >> the family was out shopping early for their thanksgiving dinner. did you notice that prices were a little bit higher? >> yes, quite a bit. >> quite a bit higher. >> and soon the couple will escape the iowa cold and high energy bill for arizona but it will still cost them. >> we have a motor home. it costs a lot to go too arizona but we're going anywhere. >> gas in the state is nearly $3.20 a gal. up more than $1 in the last year. pen thompson is trying to avoid the pain at the pump. >> i price shop some. that's why i'm out here. the station i was at was 40 cents more expensive per gallon than this one an says his 16-gallon tank costs him $10 more on average. >> what did you tap out today? >> 46.87 and i wasn't out of gas. >> reporter: at dewy ford card dealer shop in ankeny, a lot that holds over 500 cars, now has just 61. >> they want the cars on my lot so they don't have to go through that. >> reporter: customers may save on gas by going electric but the prices of cars are higher than ever. used cars jumped 2.5% last month with new cars up 1.4%. a fallout from labor shortages, a supply chain crunch and consumer demand all meeting the road. >> customers are really struggling at this point. when you go back through the last few years, nobody has ever paid full price for cars. >> and it is a little bit easier for people to save money and price shop in the grocery store, each here in the gas station, but it's a lot harder for folks to save money and cut costs on their energy bills. they are expecting a cold winter here in iowa, and it's very hard to save any money when you're trying to keep your family warm this winter. ana? >> it looks cold already with that wind whipping through your air. thank you, vanessa jurk very much, appreciating your report. join you go is a professor of economics and public safety at the university of michigan, justin, good to have you back. with consumer prices rising, no enin sight. what options are there to ease the inflation, and just how quickly can that happen? >> well, i think, first of all, there is an end in sight. much of what we're seeing is the disruptions of an economy trying to recover after probably the biggest upheaval in my lifetime and so there are a few fits and starts along the way and that's not surprising, so i think two years from now we'll look back and hopefully the current inflation scare will look like it's much ado about nothing. >> but two years is a long time for most of us to wait. >> yes. >> and the big picture historically maybe it won't be a huge blip, but when we're talking about inflation that is the highest rate in 30 years, that is significant and everyday americans are feeling it. >> absolutely. it's also worth adding, you know, a bit of context to all of this which is, yes, inflation today is at the highest rate in 30 years, but the past 30 years has been a period of unbelievably low and stable inflation. one of the great miracles of this period is we've spent 30 years basically not talking about inflation, not thinking about inflation because it hasn't been a presence in our lives. hopefully it's not going to be one for too much longer. one of the things that's difficult about the present moment is there are some prices that are really salient to you and i and your viewers, things like gas and food, those prices are going up particularly quickly, but they are not representative of what's happening to the broader cost of living which is rising at a somewhat slower rate. >> okay. so that's good to have that perspective, so as to the question about what you can do about it. senator joe manchin has expressed concern that the president's build back better bishlg the big social safety net package to make inflation worse. what do you think? will it make inflation hurt or can it help? >> i'm not real concerned about the build back better or the infrastructure bill. this is the government and the government doles out money very closely. the inflation problem is a today problem and big fiscal bills not just today, issues that will come out over many, many years so i'm worried less about that. the most important thing that the u.s. government can do to try to time insflags when we talk about supply chain issues, they are never very clear what we mean by it. one of the most important things is around the world covid continues to be a problem. a couple of workers come in with covid and they shut the factory down. they should down a chip factory. fewer chips on the car manufacturers which allows the price of cars to rise. believe it or not, one of the most important economic policy things we can do to reduce the inflation in the united states is help vaccinate the world. >> covid obviously tied to the economic situation in a huge way. i think that there are questions not just by people on the other side of the aisle but democrats, including the former treasury secretary larry summers who are wondering if the biden administration is taking the right path. he served during the clinton strarks and he has been warning about inflation for some time. he's about very critical of the biden administration on this issue. he was on cnn last night. take a listen. >> they said it was transitory. doesn't look so transitory. they said it was due to a few specific factors. don't look to be a few specific fact, o. they said when september came and people went back to school that the labor force would grow, and -- and it didn't happen. so what are your thoughts on that? does the biden administration get it? >> i think they do get it, and the part of the equation that larry wasn't talking about there is the risk doing too much on inflation that could slow the economic recovery. look, there's still roughly 8 million fewer people in jobs than they would have expected if the pandemic hadn't have happened so, yes, i share concerns about the rising cost of food and groceries and the lyric and there's a lot of families trying to get back with no wage earner whatsoever an if we slow the recovery those people will find it difficult to get back to work so it's a very difficult balancing act. >> justin wolfers, appreciate your expertise. thank you for joining us. >> always so fun. at least 58 lawsuits have been filed over the atworld tragedy as local police and an attorney for travis scott point fingers at each other. who if anyone could be held responsible? knowing where you came from, it gives you a sense of “this is who i am”. oh my goodness... wow, look at all those! you get hungry for more and then you're just like, “wow, i'm learning about my family.” yeah, yep. which one, what'd you find? 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and, of course, we know that at the end of the day eight people have died, two of them are still in critical condition. ana? >> rosa flores thank you. joining us now is sara azari, a criminal defense important. there's lots of finger-pointing. two concert-goers who are taking legal action tell cnn this. >> reporter: did you think you were going to make it out of there alive, brian? >> i had a 50-50 chance. it was either me living or either dying. at one point i thought i wasn't going to make it. >> reporter: 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 -- and i just think it's crazy how poorly it was -- it was set up. >> scott's attorney says scott did not have the authority to stop the show but scott did have the microphone and he didn't stop the concert. does that expose him to liability? >> hi, ana, yeah, you know, this just turns on foreseeability, right, and where there's foreseeability there's prevention and there's a duty to take all precautions to try to prevent the calamity from happening. first of all, this was not a bocelli concert. this was a travis scott concert. that inherently tells you that there's going to be chaos. that is what he's known forch he's had a pattern and a history. in 2019 there were injuries and hospitalizations out of the same event, atworld and then in 2017 and '15 he actually faced criminal charges for inciting violence at his concerts, so it's not just that he should have known. it's that he knew and his promoters an producers also knew, and then second, ana, is the idea, that you know, the promoters and the producers failed in their duties to set up the premises in a way that was safe. they apparently had tents with highly sought after merchandise very close to the front of venue as opposed to kind of spreading it out so there was a surge moving towards the stage which then causes this calamity. thirdly, the police have some liability here. they can point the finger all they want, but ultimately their duty is to step in when there's a 40-minute emergency under way and do their job. the job is to protect and to serve. according to some reports by tmz there were two officers having fun and taping the concert on their phone while the casualties were going on behind them. those officers have to secure a vantage point that allows hem to do their jobs which is to protect everybody's safety so the police absolutely have a duty. as the reporter said, the original plan was for the operators and producers to stop the show, but at some point their duty is to step in and stop the show when something like this is going on. >> and to that point, scott's attorney had referenced a past show in 2019 in which houston police stepped in to end the show that went long suggesting they could have done more in this case. right now though the houston police chief is rejecting calls for an outside next what happened. sara, do you think an independent investigation is important here especially with all the finger-pointing? >> 100%. in a lawsuit of this magnitude you'll have a bevy of defendants. you'll have the police and the promoters live nation and the company, travis scott and potentially drake. all of them have liability. liability is not exclusive and belonging to one person or entity and in the process of investigation and investigation will come into play to find out exactly who had what duty and what they failed to do and then there's a percentage of liability at beauted to each of these individuals or entities and at the end of the day the question is there enough money or deep pockets to pay for all these lost lives and injuries and also the bystanders who went there to have a good time and then witnessed the most traumatic event of their lifetime so there's a $26 million policy. that's clearly not enough and that raises the question of whether these companies and travis and all these individual could potentially personally have liability beyond what the insurance covers. >> and we're still waiting to learn exactly what caused the death of those eight people and the two people who are still in critical condition right now in the hospital. sara thank you very much for joining us. >> thanks, ana. as more kids get vaccinated some parents are still hesitant. up next, we'll talk to an expert who helped invent one of the vaccines your child likely has already received. what he wants parents to know about the covid shot. craft? 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>> well, there's 28 million children between 5 and 11 years of age and that's 28 million. if we vaccinate all 28 million, that would have an impact on the pandemic, but, again, the main reason for parents to vaccinate their a 5 too 11-year-olded is to protect them from a disease that's already infected about 2 million of those children and has caused 8,300 hospitalizations and a third of which resulted in icu admissions and killed hundreds of children. >> and there's still portions of the younger population that can get vaccinated. when can parents expect children younger than 5 to get vaccinated? >> studies are going on, when the studies will be completed and presented to the fda advisory committee, i don't know. hopefully by early next year. >> some parents are just taking a wait-and-see approach. you know, maybe they want to get their kids vaulxnated but they have some concerns and i want to ask you about this. since you help create the rotavirus vaccine, your rota-tech was one of the first vaccines but it was taken off the market after it was linked to a rare and serious side effect. what do you say to parents who are taking it the wait-and-see approach with the covid vaccine who may be concerned, you know, with situations like i just mentioned? >> right. so that vaccine called rote asheshield was on the market for ten months when it was found to be a very, very rare cause of intestinal blockage. the vaccine was given to infants at mouth by 2, 4 and 6 months of age. this is very different. virtually unlike any other pediatric vaccine you have hundreds of millions of adults who have seen it and millions and millions of children between 12 and 17 years of age who have received it. i understand the parent hesitancy. it's hard to watch your child get inoculated with a biological agent that you don't completely understand. but there are no risk-free choices. there's just choices to take different risks and in this case the more serious risk is choosing not to get a vaccine. a choice not getting a vaccine is not doing something, it's not doing something and that's exposing your child to potentially the risk of thin next which in some cases can be quite severe or even fatal. >> appreciate you for you being on the show to hopefully explain all of that and hopefully give some of our viewers a little more comfort in making the right decision here moving forward. doctor, my two kids got theirs this morning. i got the picture from the hubby. it's done. they survived and they are excited to now be that much closer to being protected. appreciate you. >> thank you. they have been strapped into their seats, hurtling through space for close to 17 hours now. up next, the latest on the spacex crew as they prepare to dock with the international space station. and buying a car. now we've created a brand-new way for you to sell your car. whether it's a year old or a few years old. we wanna buy your car. so go to carvana and enter your license plate answer a few questions. and our techno wizardry calculates your car's value and gives you a real offer in seconds. when you're ready, we'll come to you, pay you on the spot and pick up your car, that's it. so ditch the old way of selling your car, and say hello to the new way at carvana. 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 just right. save $1,000 on the sleep number 360 special edition smart bed. plus, free premium delivery when you add a base. ends monday. when you hear, cough cough sneeze sneeze. 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>> tech: that's service the way you need it. >> singers: ♪ safelite repair, safelite replace. ♪ if you smell gas, you're too close. leave the structure, call 911, keep people away, and call pg&e right after so we can both respond out and keep the public safe. one of the most important things you can do is to make sure you call 811 before you dig. calling 811 to get your lines marked: it's free, it's easy, we come out and mark your lines, we provide you the information so you will dig safely. space tourists, step aside. this spacex mission is for the professionals. >> three, two, one, ignition and liftoff. >> three american astronauts and one german are on their way to the international space station now that. will be their home for the next six months. cnn's kristen fisher joining us with the latest. maybe the most noteworthy aspect of this launch is that it feels almost routine. tell us about this mission. >> chris craft, nasa's first flight director said many years ago one of nasa's biggest problems was they made space flight look too easy. spacex is doing the same thing. they've launched 18 people into orbit in the last 18 months. it just completed the fastest turn-around time between a splash down and lawn nch human space flight history according to nasa. just 48 hours between when crew two splashed down and crew three lifted off. so really solidifying its stance as nasa's premier human space flight partner. you saw the beautiful nighttime launch. those astronauts on their way to the international space station for that six-month stay. we were talking about croup 2's issues with the toilet. crew 3's dragon capsule, all the toll lets are working. >> all right, all systems a go. kristin fisher thank you. before i go, i want to give you and all those who served our country the humblest of thank yous. it's impossible to put a price tag on your sacrifice. you were due much more than you were received. thank you for all that you do, for all that you have given up. for all that you sacrifice for this country. you keep us safe and you make us so incredibly proud. happy veterans day. - [female narrator] five billion people lack access to safe surgery. thousands of children are suffering and dying from treatable causes. for 40 years, mercy ships has deployed floating hospitals to provide the free surgeries these children need. join us. together, we can give children the hope and healing they never thought possible. it's a mission powered by love, made possible by you. give today. 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. kevin! kevin? 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