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. i'm alisyn camerota. >> i'm victor blackwell. we're starting with the last-ditch effort by former president trump. his attorneys just asked a federal appeals court to stop the release of key white house records to the lawmakers investigating january 6th. a lower court denied his multiple requests. unless this most recent request is granted, the national archives will start turning over records tomorrow. >> lawmakers subpoenaed more than a dozen members of trump's inner circle this week. now the committee is shifting its focus to former vice president mike pence's inner circle. paula, it sound like the next 24 hours is critical. >> so critical. the national archives inherited trump's records when he left office. they're scheduled to hand over some of these records to the house committee investigating january 6th by tomorrow at 6:00 p.m. trump is asking for that handoff to be delayed while he appeals this decision, saying he can't keep these records secret from the house select committee. it's likely the appeals court in d.c. will grant a delay in this handover. this raises a lot of novel questions about the power of the former president to keep certain records secret when the current president does not want to keep them secret and wants them released. it is likely that this is a question that could go all the way to the supreme court. so far it's looking good for the committee. the legislature wanted these documents. the white house said they should be released. so far the courts have affirmed that. >> paula, there's new reporting on the committee's frustration, let's call it, with former chief of staff mark meadows. talk to us about that. >> victor, this is really big. originally when this investigation started, in speaking with former trump administration officials, they thought if anyone would be protected by privilege it would be former chief of staff mark meadows. if anyone would get any modicum of protection, it would be here. here we're learning that the committee's patience is running out with the former chief of staff. he's been put on notice by the white house that they don't plan to assert any privilege. if anyone was going to get protection, it would likely be him and the white house counsel. the biden administration saying there would be times when we would assert privilege, but this is not it. we've seen from white house counsel and president biden that they believe what happened on january 6th was extraordinary. that is not what privilege is for, to protect information related to events like that. >> paula reid, thank you. let's bring in cnn legal analyst elie hoenig, and cnn supreme court analyst joan biskupic. reading this latest decision from the judge, it essentially says i meant what i said. she decided hours ago that she's not going to side with the trump attorneys, and then they come back and ask the same question with no case, no new evidence. >> victor, that's ordinarily the way it goes. if you lose a case as donald trump just did, you usually have to start out by going back to that trial court level, district court level and say, okay, we understand we've lost, but we want you to put it on hold so the court of appeals could look at it. judges usually say no. what you do is do what donald trump is doing right now in trying to get the court of appeals take the case. will they take the case? there could be good reasons for it. if they don't stay the case, those records go over tomorrow and it moots a big part of the appeal. the court of appeals will say we'll put this on hold, unprecedented constitutional ground. we, the court of appeals, want to make a decision. >> it is likely we'll see a stay from the appeals court? >> alisyn, i need to commit, i will go on the side of likely. i think it's more likely than unlikely, for exactly those reasons. there are big institutional interests for the court of appeals itself. i think trump is absolutely going to lose this case and the committee will get the documents. i think the court of appeals wants to get a say. if they issue a stay, they can do it quickly, we're putting this off three weeks, trump you have one week to brief it, then one week to decide. >> joan, you have a fascinating piece up on cnn.com that explains how a nixon-era ruling from the high court is applicable here. explain that. >> sure, victor. we've been talking about how novel this situation is for a former president to be trying to exert the executive privilege while the current isn't refusing to. back in 1977, president nixon who seems, victor, to have been a touchstone for much of what happened with the trump presidency during his years in office and now right after it, there are also echoes of president nixon. here we have it again. president nixon was trying to hold on to watergate tapes that he wanted to keep from the archives and he wanted to destroy those tapes. it went to the supreme court, and the supreme court said, first of all, as a threshold matter, a former president does have a right to exert executive privilege. in that case there were other concerns, the public interest in obtaining documents and tapes from the watergate scandal overrode that. and the court at that time noted that the executive privilege right actually is something to be owned by the republic, not by an individual president, whether current, past -- especially past. in that instance, the justices who sided with the -- it was the general services administration at the time that wanted the records, said, look, presidents ford and carter who came after president nixon, they weren't asserting executive privilege. that made part of the difference in that case. we've got the same thing here. even though we've never had a situation where the sitting president is absolutely refusing to exert it, it's enough like that that i just don't see how president trump is going to prevail in the end based on supreme court precedent. >> joan, i'm going to read it because i think the language of the supreme court is interesting from the 1977 ruling that you just talked about. the privilege is not for the benefit of the president as an individual, but for the benefit of the republic. so that seems like it would be the precedent. joan, do you think this case, this donald trump records case is headed for the supreme court ultimately? >> ultimately, probably, alisyn. i'll tell you why. he's probably going to lose at the court of appeals ultimately because he just doesn't have the legal arguments right now that would over come what judge chuck en wrote this week. it's really unusual for him to be asserting this kind of privilege over -- let me emphasize, these are public records. these are records that belong to the people. they don't belong to donald trump. this isn't like what we had last year when we had this dispute that went all the way to the supreme court over his private financial documents. these are documents that are in the public interest. that's been the emphasis on the january 6th committee and the house. these are things the people need to have access to. he's on very shaky legal ground here, and i presume, as elie does, that he will ultimately loose at the court of appeals and how strongly he feels about things, he'll, of course, ap people to the supreme court. that is his right to try to do that. i think even with this increasingly conservative supreme court with now three appointees of donald trump, i believe in the end that he will lose. i will hedge a bit the way elie did, not knowing what's going to happen, not having seen the full briefing or oral arguments, but again, precedent is not on donald trump's side. >> guys, we have you on tape. don't try to deny later what you both predicted today. >> speaking of tapes, we'll try to withhold those tapes just like richard nixon did. >> elie hoenig, joan biskupic, thank you both. we're getting breaking news on the deadly astroworld music festival. texas a&m student bardi shihani has passed away. she was 22 years old. her passing brings the festival death toll now to nine. >> let's bring in cnn's rosa flores. rosa, tell us more. >> reporter: this is what officials were afraid of. the officials i've been talking to, because there were two individuals who were in critical condition and still hospitalized. now the devastating breaking news here out of houston is that the death count in the astroworld festival tragedy has increased to nine. the latest death, 22-year-old b anchtsrti shihni. 22 years old, studying at texas a&m university. she attended this concert with her sister and her cousin. her parents, her family are having a very emotional press conference right now telling the world that they have lost their loved one. her mother very, very emotional telling us more about her daughter. take a listen. >> what happened -- i want my baby back, you know? i won't be able to live without her. it's impossible. you know what i'm saying? i'm empty here. my barti. >> again, barti shahani was 22 years old. there's a 9-year-old fighting for his life. he goes by e.b. according to his family he has injuries to multiple organs. he is still fighting for his life. he's the last individual according to the fire chief here in houston that is still hospitalized following the astroworld festival tragedy. all of this as the investigation here in houston still continues. the lead investigating agency is the houston police department. we've heard of a lot of finger-pointing. there's multiple lawsuits, alisyn and victor. there's a lot going on. but we can't lose sight of the fact that there are so many people grieving because they've lost loved ones, others because they're injured or traumatized by this terrible tragedy. >> just horrible. just a horrible, horrible breaking news there. rosa flores, thank you very much. we'll be right back. ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ ♪ limu emu & doug ♪ got a couple of bogeys on your six, limu. they need customized car insurance from liberty mutual so they only pay for what they need. what do you say we see what this bird can do? 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yes, please! neuriva. think bigger. gordan ramsey this is a cold call! nfl teams are turning to cold with tide. will you? that will never work! if it works on nfl jerseys it'll work for you. and it's cold. so you will turn to cold? fine! that guy needs to chill out! defense team is calling witnesses in his double homicide trial. he killed two men, injured a third last year in kenosha, wisconsin. rittenhouse said he was acting in self-defense. earlier today, prosecutor tangled with judge schroeder. >> is there something you have to say? >> i have to say yesterday i was the target of your eyre for disregarding your orders. today the defense is disregarding your order. as i say, i was under the court's eyre. >> i don't want to talk about -- >> i think it's a fundamental fairness issue. >> if i'm being held to obey the court's orders, i'm asking the defense be held to that, too. this is something we litigated. >> i am going to interrupt you. i'm going to let you talk again. i was talking yesterday about the constitution of the united states and how the supreme court has interpreted it for 50 years. that's not what we're talking about here today. >> cnn's shimon prokupecz is in kenosha. these disputes have taken place outside the presence of the jury because they've been sent away for these. do you get the sense that the jury is picking up on some tension? >> reporter: it's hard to tell. certainly when the jurors know they're being told to leave, they know something is about to happen, that something is going on in the courtroom that they -- that perhaps the judge is unhappy about, that the attorneys are unhappy about. i can tell you in the beginning of this trial, i was sitting in the courtroom, the judge said he tried to minimize these kinds of things, where he would have to have the jury leave the courtroom. he didn't want to disrupt their day. he's very conscious about what the jury is doing. he's worried about the temperature. he's polling them during the trial, asking are any of you too cold, any of you too hot? he's worried about their food, if the food comes in early, if it's hot food. he's very conscious of the jury. he tries to do everything they can to make sure they don't see these kind of disruptions. certainly you have to wonder if this jury is realizing there's something going on. they're people. they can sense things. like you said, all of this happening outside the presence of the jury, but this judge certainly has been very interesting throughout this trial. he has made comments that some people have certainly found strange. he's commented about the bible. he's made other comments where he's gaining a lot of attention, and certainly made a lot of headlines. so seeing yesterday -- some people certainly have felt that what he did idea was inappropriate, over the line. today there is this tension between the prosecutor and the judge, but they seem to be fine and getting along. what's happening now, as you can see inside the courtroom, this is the last witness. this is the last defense witness who is on the stand. he's the use-of-force expert they brought in. he was introducing some photos, talking about the sequence of events, specifically the timing. that's it. he's expected to be the last defense witness. they're going to rest their case. now we wait to see if prosecutors put on a rebuttal, whether or not they'll call more witnesses. then we should get word today whether or not there's going to be closing arguments. obviously that would be a big step, and this case would go to the jury as early as next week. >> okay, shimon. thank you for all of that. let's go to georgia, day five in the murder trial of the men who killed ahmaud arbery. the jury is watching a recorded deposition of larry english. this is the man who called 911 about people on his construction site. what are jurors hearing in the recorded deposition? >> reporter: this is very important. larry english is at the center of this, the man who started calling 911. it's also his video he was sharing with other neighbors that got everyone in this neighborhood got worried about someone visiting his property. when you think about this, apparently his health is not very good, so he did a recorded deposition. i can tell you from the court notes we can see that some of the jury is starting to have trouble paying attention to it. some of them have been closing their eyes. this has been going on all day. since 9:00 this morning they have been watching this video question after question. listen to this exchange, talking about the house itself and him calling 911. >> at any point during your interactions with the mcmichaels, did you ever give them permission to go on your property, express permission? >> no. >> did you ever tell them they couldn't go on your property? >> no. >> did you ever personally tell the mcmichaels about any prior incidents at your house? >> i'm not sure. >> reporter: most of the drama has happened outside. but outside the jury box, they were in the room when kevin go talked about how he was upset that reverend sharpton would show up. take a listen to the defense attorney go at the judge about who is visiting the courtroom. >> if we're going to start a precedent starting yesterday, we're going to bring high-profile members of the african-american community in the courtroom to sit with the family in the presence of the jury, i believe it's ini'm an attempt to pressure or influence the jury. >> reporter: he wasn't aware that al sharpton was in the room yesterday. he brings it up after he saw the media coverage of it. the judge asked why are you bringing it up? that happened outside the jury. what is happening outside of court, this just wrapped up in the last 30 minutes or so. several dozen people taking to the streets of brunswick to have their voices heard about what's happening here because they want to make sure justice is served. it seems like every single day it's sort of building when it comes to the civil rights community for demanding justice for ahmaud. still at the same time you see the tension in court. this tape, this deposition which could be so very important is sort of boring the jury at this point. pretty hard to watch all day long this taped deposition. >> okay, ryan young, thank you very much for the latest from there. inflation hitting a 30-year high. how much more you'll have to pay for your holiday meal next. your strategic advantage. everything you've seen me do was made possible by what you don't see. cause when you're not looking, i go to work. ♪ strength isn't a given. it's grown. it's earned and tested. ♪ we all have the strength to see what's possible. it's up to us to unlock it. tonal. be your strongest. [uplifting music playing] ♪ i had a dream that someday ♪ ♪ i would just fly, fly away ♪ welcome back. surging consumer prices are among the most pressing issues facing president biden. according to yesterday's inflation report, we've seen a more than 6% rise in prices in the last year. >> and as the holidays approach, grocery staples are going up. bacon is up 20%. >> not bacon. >> yes. what will we do? the war on bacon. eggs are up 12%. milk is up 6%. cnn's vanessa your cave vich went to iowa to learn the impact on folks there. >> reporter: there's a chill in the air in iowa. winter is coming. >> it's coming. we flip the fireplace on and get a little heat that way. >> reporter: heating bills for many iowans could nearly double this winter, a warning from mid american energy. >> we're all hard working middle class folks, so we can't go too far out of our means to make ends meet. you've stim got to eat, still got to live. >> reporter: on wednesday, the u.s. once again woke up to sticker shock. gas, cars, energy and food just some consumer goods that ro rose .9% together on average in october and are up 6.2% this past year. the biggest 12-month increase since 1990. >> bacon was pretty high. i've seen it on the news a little bit. it's jumped up a few dollars. >> reporter: did you stop you from buying anything? >> i thought i'd buy it and put it in the freezer. >> did you notice prices were a little bit higher? >> yes, quite a bit higher. >> reporter: and soon the couple will escape the iowa cold and their high energy bill for arizona, but it will still cost them. >> we have a motor home. it costs a lot to go arizona but we're going anyway. >> reporter: gas in the state is nearly $3.20 a gallon, up more than a dollar in the last year. ben thompson is trying to avoid the pain at the pump. >> i shop some. the casey's i was at was 44 cents more expensive than this one. >> reporter: he said his 60-gallon tank costs him $10 more on average. >> what did you tap out at today? >> $46.87. >> at this car dealership, a lot that typically holds 900 cars, now has 61. >> i can't keep hybrids on my lot. >> 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 moving the road. >> customers are struggling at this point. when you go back through the last few years, nobody has paid full price for cars. >> our thanks to vanessa for that report. a new study out today highlights the alarming disparities when it comes to race and contracting covid. we've got details of that next. to make progress, we must keep taking steps forward. we believe the future of energy is lower carbon. and to get there, the world needs to reduce global emissions. at chevron, we're taking action. tying our executives' pay to lowering the carbon emissions intensity of our operations. it's tempting to see how far we've come. but it's only human... to know how far we have to go. how did panera come up with the idea to combine their famous mac and cheese with their iconic grilled cheese? 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>> there was a recent study that indicates there may be a genetic reason that asians might be at higher risk for having severe disease compared to other races. it will be nice to see more data that brings this more into focus, if this is really true. to me this is also a data issue. we should have the data in the u.s. to answer these questions. instead, we're left with cobbling together various studies to answer what should be a very simple question, how many people in america were infected, how many had severe illness and what was their race and ethnicity. >> let's talk about what's happening in germany. germany had been held up as this paragon of how to do it right. they weren't as hard hit with covid as, say, italy was. they had good contact tracing and they had widespread testing. suddenly -- let me just show you this graph of what's happened since summer there, just since august 1st, cases there are skyrocketing. i think this graph doesn't represent what happened today. i think they had 50,000 cases reported today. while we're at it, they have 67%, a little more than 67% of their population fully vaccinated. so what's going on in germany? why are the numbers going in the wrong direction? >> they're going in the wrong direction because they're just offset from the united states. this is now their delta wave. if you superimposed their curve on the u.s. curve, you'll see they're a couple months behind this. this is their large delta wave happening, and it's also proof that 67% of people vaccinated is just not enough. so that's what's going on in germany right now. plus it's getting colder. people are more likely to come indoors, also. >> so this isn't their post delta wave. i thought this was their fourth wave. you're saying we had delta before they did. >> right. this is kind of the continuation of their delta. you don't need to go to germany, alisyn. if you want to show the u.s. data, we're having a surge within a surge. for the last two weeks, we had cases going up in the u.s. i think over half of the states have increases in the last two weeks. we're having our surge within a surge also in the u.s. >> i'm looking at the numbers on the screen. 75,000 new cases in the u.s. that's the seven-day average. that is really high. we've gotten away from obviously counting those every day because there is a feeling -- maybe it's just wishful thinking that we're coming out of it. does that tell you now that everybody needs boosters? is that the answer? >> that's part of the answer. the bigger answer is the 60 million that never got a single dose, we need them to roll up their sleeves and get their first dose. that's the big answer to trying to get this under control. my guess is, since we've discussed this a couple times, coming to mid january with the mandates in place, much more testing available and orm rp antivirals and a better publishing health system, we'll talk about a post pandemic world. not a post covid world. we gave up on that. come mid january, it will be a goods time to talk about what restrictions are really necessary from a public health standpoint. >> hope so. dr. ali khan, thank you. don't forget. we're honoring john lewis. so make good trouble. i know you're good at that, alisyn. get vaccinated! >> through, dr. khan. great to see you. >> always a pleasure. the white house announced new steps to help veterans while exposed to contaminants. i'll talk to the secretary of veterans affairs about them next. rowback? 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(vo) visible. unlimited data, powered by verizon. switch and get up to $200. throw it's veterans day and today we honor all of those who have served on this the anniversary of the end of world war i. earlier today president biden took part in a wreath laying ceremony at the tomb of the unknown soldier at arlington national cemetery. it is the centennial commemoration. >> you are the very spine of america not just the back bone. you're the spine of this country. and all of us, all of us owe you. so on veterans day, and every day we honor that great debt and recommit ourselves to keeping our sacred obligation as a nation to honor what you've done. >> the site was open to the public this week for the first time in nearly 100 years, allowing americans to personally pay their respects and lay flowers there. in paris vice president kamala harris marked the day alongside the french president emmanuel macron. today the white house announced better health care services for veterans who have been exposed to environmental hazards by burn pits during their service. the secretary for veterans affairs joins me now to talk about the last element. mr. secretary, thank you for being with me. i want to start with the burn pits and this new announcement. for those who don't know what a burn pit is they are open pits used in afghanistan and iraq to burn almost everything. human waste, chemical waste, and the vapors, exposure to them, many believe caused everything from asthma to cancer in those servicemen. what are the new supports being offered in this announcement today? >> thanks so much for having me and happy veterans day to you and all of your viewers. look, this has been a priority for president biden since the day he got in office. so he's already made clear that we will presume anybody with asthma, sinusitis who served in the golf the last 30 years we'll assume it is connected to their service and help get them benefits and care for those conditions. we announced today, the president announced, that we're now looking at the next set of conditions and we're using a more inclusive process getting additional science and consideration to inform those decisions. the next set of things we're looking at are rare respiratory cancers. not only are we taking a hard look at them and getting more data to inform our decisions but we're also on a tight time frame for the president. he expects to hear back from us early in the new year. we'll meet that time line and i hope that means we can continue to get veterans filing their claims and us being in a position to fulfill those claims. >> mr. secretary, you say early in the new year. i understand this is a 90-day window to review the cancers and how to provide service. the president has said he believes his son's death, beau biden, was related to the burn pits. 90 days may be too long for some people. wesley black just died this week of colon cancer connected to his exposure to burn pits. what do you say to those families who say you've been studying this for years. why now another 90 days? >> a fair question. the frustration and impatience from our veterans is understandable. and so what i say to them is bear with us. we are trying to fix this process by which we consider presumptive conditions. we are adding more science to our effort. and so i hope that we'll be in a position to make this happen not only early in the new year for the rare respiratory cancers but by the summer on certain conditions on constrictive bronchialitis and condition to look at additional conditions affecting our veterans. if they are frustrated by the time it has taken i don't blame them. we work for them. we're trying to get this done and we'll get it done much more quickly. >> you were part of the obama administration in 2010 president obama set the goal of zero homeless vets by 2015. we're now six years beyond that deadline and there are still by some estimates 40,000 homeless vets across this country. you set the goal of clearing the infamous veterans row in l.a. those dozens of veterans are now in some shelter getting some support but what is the plan to address the tens of thousands of others, the other veterans who are living on america's streets? >> thanks very much for the question. i think the -- president obama and his team, our team at the time, set a very aggressive goal. we got half way to that goal, reduce veterans homelessness by half. our goal now is to get this job done. we're starting very aggressively in los angeles. you mentioned the veterans row advancement earlier this month. we are now making sure we get 500 additional veterans in l.a. county, in houses into transitional or sustainable housing by the end of the year. that momentum will infuse across the country so we can get these 40,000 vets in houses. here's how we do that. housing first. get a roof over a veteran's head. then we have all sorts of services at v.a. to address the issues that made veterans homeless in the first place -- joblessness, access to mental health care, substance use disorder treatment, involvement in the justice system. these are all things that we working together with variance can address and -- with veterans can address and will address. we have the resources to do it. we have the will to do it. we're going to get it done. >> thank you for your time. >> thanks again. really appreciate you having me on on veterans day. >> absolutely. we'll be right back. it was a easy decision -- clearchoice. 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