towards space after russia shot it with a missile. >> walk us through this resolution and what it means for paul gosar, please. >> let's lay it out for everybody. this is the most serious thing that can be bestowed upon a member of the house of representatives. it is symbolic, but it hasn't been done since 2010. the last time we saw a censure vote was for charlie rangel for an ethics violation. this hasn't happened for a while. as you mentioned, it is a resolution to both censure paul gosar and strip him of the two committees he serves on. it's worth noting that congresswoman ocasio-cortez serves with him on one of those committees, so we expect for that vote to happen kind of mid tomorrow afternoon, after they walk through one hour of debate evenly divided on both sides. but this also comes, don, importantly after no, really, action from house minority leader kevin mccarthy who said that there was a closed door meeting earlier today where gosar and mccarthy's words explained his actions, but mccarthy said he called him in the last week that the video came down, but mccarthy has never explicitly condemned any of it, so now democrats, of course, moving forward with this censure vote tomorrow. >> jessica, for this censure to work, the congressman has to be present in the house chamber. explain that and what happens if he doesn't show up, please. >> reporter: right, so, again, a unique thing about this is that he will stand in the well of the house as this resolution is read. that's part of the whole censure procedure. he is required to be there. now, if he didn't show up, the sergeant-at-arms could go and find him and haul him onto the house floor, but house democrats we've spoken to said they're kind of underscoring that as very unlikely to happen, but he is required to be there. and, again, is required to stand there as they read this resolution to him. back in 2010, we heard from rangel for about one minute after the vote. we'll see if that's how it transpires tomorrow. >> most republicans aren't expected to join democrats on this vote, correct? >> that's right. we know that liz cheney, congresswoman liz cheney and congressman adam kinzinger, the two republicans who sat on the january 6 select committee, who are apart from the rest of their party, really, on so many things, they have expressed that they will be voting with the democrats on this. but many house republicans that we talked to today, don, just kind of shrugged at it. they said it was inappropriate, that it was in really poor taste, one person said. but another congressman from minnesota told us that at this point they're all getting death threats almost every day on a variety of issues, which, in and of itself, is terrible, but at the same time it's worth underscoring those death threats, don, are not coming from their fellow members of congress who they see in the halls, who they vote next to, who they even serve on committees with. it's worth noting on all of that, you know, that distinction. >> jessica, thank you. i appreciate the reporting. joining me now senior political commentators ana navarro and scott genjennings. scott, let's start with you. here's what paul gosar told his colleagues. >> i didn't apologize. i just said this video had nothing to do with harming anybody. that's exactly what you're talking about. it's an anime. you were trying to reach out to the newer generation who likes these anime, these cartoons fabricated in japanese likeness to actually tell them what harmlessness they're missing. >> so first he should apologize for his threats, and second, we're not playing the video because it's really despicable. it does not explain policy. what is he doing here? who is he trying to fool here? that's not anything anybody said. >> well, he's not trying to fool anybody, he's trying to please, you know, the people who he thinks are his core supporters and he's kind of running the donald trump play book of the republican party these days which is never apologize for anything, defend everything and there are a lot of jobs in america where you can't tweet stupid crap because you'll get in trouble. this is one of them, and he's going to get in trouble for tweeting hurtful, stupid crap. his constituents back home may not punish him for this in the long run. he'll get taken out off of his committees, including the human resources committee which is pretty important to his state, so we'll see if they take notice of that. he'll get his hands slapped and he'll go out and say the liberals were trying to target me and win money from it. the house itself has in recent years suffered violent attacks at the congressional baseball practice shooting, we all remember what happened that day. these members of congress, the truth is, are constantly under security threat. most of them do not have security. only the leadership has security, and i do think they need to take special care not inciting this stuff. he'll be punished, and when you're trying to reach out to younger voters to me just doesn't cut it. >> they should know better considering what's happened to members of congress. ana, republican adam kinzinger said gosar will take us one step closer to this fantasized violence becoming real. ana, isn't this already real for a lot of republicans out there? look what happened on january 6. >> and that's precisely why it's so important to censure him. it's so important to follow through with this. you know, don, i was looking at the video of when charlie rangel got censured ten years ago, and the person holding the gavel was nancy pelosi. so she was censuring one of her own. and i think this is an occasion where we shouldn't be trumpists or non-trumpists. this is about decency. i remember when kathy griffin, a comedian, tweeted out what she said was a joke that was thought to be in very bad taste. she got put through the wringer by the u.s. secret service. she lost many jobs. she had to apologize. she went through hell. i would suggest we cannot hold a member of congress to a lower standard than we hold kathy griffin. scott has school-age children. he knows very well that if one of his children tweeted this out about one of their classmates, scott would be called into the office. the child would be expelled or suspended. there would be psychologists called, maybe police. you and i couldn't do this working for cnn. there needs to be an equal playing field, and we cannot lower the bar. there needs to be some accountability and some decency, because there is real danger. as scott brought up, january 6, these death threats people are getting on their congressional phone, it is not acceptable. anything they can do by themselves to lower the temperature, they must do. it's a basic form of behavior. >> let's talk about republican leadership, scott. mccarthy is making excuses for gosar. he said gosar didn't see the video before he tweeted it. does he get what this looks like or that he's saying it's okay for gosar to do? does he understand what he did? >> well, i think his argument is that he talked to him and sort of internally chastised him and got gosar to sort of explain it to the conference. >> you heard it in the interview, scott. mccarthy is saying one thing, gosar is saying the exact opposite of what mccarthy said, but go on. sorry. >> so mccarthy again finds himself in the position of having to deal with one of his members, and you've got public outrage over something that happened, and then you've got the internal dynamics where there will be several of kevin mccarthy's members who want him to die on every hill. that's really the strategy. we have to die on every hill. even if the hill is a stupid thing, even if it's a bad thing, even if it's the wrong thing, we have to die on it because that's what our people expect us to do. we have to fight on it, we have to die on every hill. all the consequences be damned. that's the strategy and that's how he sees himself getting to the speakership. by the way, while this is going on today, you have marjorie taylor greene who is assailing leader mccarthy for failing to punish the 13 members of the house republican conference who voted for the infrastructure bill. he's constantly playing whack-a-mole with this part of his conference and trying not to anger them to maintain their support ahead of what he hopes to be a vote for his speakership. >> scott, you just brought up marjorie taylor greene. it was after days and days of pressure, but mccarthy did condemn her statements, the anti-semitic statements she made comparing the holocaust to vaccinations. it shouldn't be because it targets an important constituency and donor group of the republican party. it should be because it is the right thing to do for a speaker. the minority leader in this case means showing leadership and being able to set a tone. and mccarthy needs to be able to do that. you know, how gosar's siblings admonish with more energy than he does. of course, they know him. >> yeah. we'll continue this conversation. it's not over yet. i appreciate you both. i'll see you soon. president biden is in new hampshire today selling the $1.2 trillion infrastructure package, making a bridge to drive home what the new law has to offer. here it is. listen to this. >> this may not seem like a big bridge but it saves lives and solves problems. let me tell you why. businesses depend on it, like the local propane company or the sand and gravel company or the logging trucks or the public services depend on it, school buses, wastewater trucks cross it every day. this is essential to woodstock about a quarter mile away. it's a 10-mile detour just to get to the other side. >> as biden crosses the country selling his new law, his approval rating is in sharp decline. cnn's polls has biden's removal at 45%. let's discuss this now. stuart stevens is here. he is the former strategist for the romney presidential campaign. steve, always a pleasure. good good to see you. >> good to see you, man. >> $1.2 trillion for everything from child care to housing. is the white house doing a good job selling this given how low biden's approval rating is? >> i think they've only had a day to sell it. when you buy a car, what you hate is paying for it. the sticker shock. what you enjoy is driving it around. they've only been driving this car around for a day. when i see what the white house is doing, coordinating all these different parts of government to go out and sell this, i think it's going to be possible. i think it will work, and i think one of the more telling things are how many republicans who voted against it are already starting to brag about what their states are going to get and their districts are going to get. which shows, you know, people like when you spend money and buy stuff that they care about. biden is right, people care about stuff like bridges. it saves people's lives. >> the signing of the bill happened during the rittenhouse trial. biden's speech was around 3:00 in the afternoon. do they need to rethink their whole messaging strategy. 3:00 in the afternoon, people are at work. they're not paying attention. maybe they want to get it for the evening news, but it's certainly not fresh in places where people are talking and having these conversations about what the president is actually doing. >> there is a reason that nike used that swoosh thing more than once, and mcdonald's seems to be hung up on those golden arches. repetition is everything in advertising. what would be a disaster is if democrats, if the white house did this for a week or two and moved on to something else. you got to dig the ditch you're going to die in a lot of times in politics. th this is a very big deal. $1.5 trillion, that's a lot of money. they've got to keep at this. it's not going to work right away, it never does. but you keep repeating it and you keep pointing out and you keep using different examples, and ultimately, politics usually comes down to a game of small numbers. and being able to change 5% here could make a huge difference in whether or not democrats can keep the house in 2022. >> if you look at the former administration, it did pass covid relief during the height of the virus. but other than that, did trump pass anything this historic and bipartisan? >> lord, no. i mean, look how -- this kills me about this, man. how many times did we have infrastructure week for the republicans? it became a national joke. if you were a kid who was born during the first republican infrastructure week, which never really happened, i mean, you're heading to the first grade now. democrats should not be shy about bragging on the fact that it took them less than a year of a new president's term to do what the last president couldn't do in four years of his term. i mean, that's sort of what government ultimately should be about. it should be about getting stuff done, and they did it with a party that, for the most part, believes that the president of the united states is illegal, which we've never had before. so, i mean, that just magnifies the difficulty of doing this. look, i'm kind of big on the biden folks. i think they ran a really smart campaign. i think they're not people who are prone to panic. so i think they'll forget about this and i hope they stick with it, and my bet is they will. >> i understand this, but this is just about strategy and messaging and what is and taking advantage of the bully poll. everyone should have respect for office of the presidency, it's just the strategy, selling the message, when they're doing it, all those things do matter. let's look forward, though, to the midterms. the gop is in full-on assault on voting rights. 19 states passing 33 laws, that's going to make it harder to vote. republicans are also redrawing districts to gain more congressional seats. this is the next battlefront for our democracy, the ability and the right to vote. do you think americans even realize what's happening? >> absolutely not. and that's how autocrats win. if you look at how democracies fade into autocracies, that's only because the other side doesn't think it will happen. the other side has a vision about america. ultimately the republican party had a choice over the last 50 years whether or not they were going to do the hard work necessary to appeal to more non-white voters, or whether or not they were going to sort of become comfortable being a white grievance party. it is an extraordinary tragedy that they have gone the latter route. republican parties almost officially are of a white grievance party now. and the way that you can -- only way you can win with that in america that's changing the way america is changing is to make it harder for people who are predominantly non-white to vote. it's really not very complicated. they're pretty open about it. after the election, you had cruz and all these other people go out there and try to decertify predominantly african-american voters. they passed these laws in all these states that never would have been passed if donald trump had won. just listen to them. pay attention. they're not really subtle about this. i mean, they're out there trying to change democracy in a way, and if we allow it to happen, i think there is a good chance that the 2024 election will be the last election that is recognizable as something that we've known all our lifetime. >> steven, always a pleasure. thank you very much. >> thank you, don. more subpoenas coming this week from the january 6 committee, but what about the members of team trump who have been subpoenaed and refused to appear? 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[ joe ] clearchoice has changed my life for the better. it's given me my health back. there's an amazing life out there if you do something for your health now. the select committee is laser-focused on chief of staff mark meadows, and they're giving meadows one more chance to comply with their request. after that a potential contempt charge. joining me now is former security advisor to vice president pence and former prosecutor kim whaley, the author of the book "how to read the constitution and why." good to have you both. kim, meadows is really critical to all of this and there is an intense interest in meadows' private cell phone use on january 6. talk to me about the importance of these communications. what can the committee learn from all of this? >> well, the extent to which mark meadows communicated with donald trump about the events that unfolded on january 6 is something, of course, that the committee wants to know to determine what the role was of all of those white house actors. we're seeing this narrative build that had started in december with a white house meeting, and then there was, of course, the willard hotel environment where they were speaking on a regular basis prior to january 6. the problem with the contempt issue with mark meadows, of course, is that he was in the white house and close to the president. and so that is a stronger claim of executive privilege than steve bannon who was a private citizen on january 5th and 6th. and i think that's why they're treading a little more lightly on this one. i know adam schiff was on anderson cooper earlier and said, they met today but haven't decided. i suspect they will move forward, but it's a little more complicated and i know they don't want any failures in this regard. >> olivia, in jonathan karl's new book, we learned how mark meadows penned his top aide that detailed how pence could overturn the election. the committee may not get the e-mail from meadows, but what about that pence aide? >> yeah, that's exactly what i would be looking at. i was be sort of working with the pence team on this and really working with that circle, especially the fact that they were -- their lives were in danger that day. this team faced that directly head on. they lived that day, they lived the trauma of that day, i would say. i would certainly seek out some of the staff to figure out what exactly happened here, and to be honest with you, i know she was subpoenaed, but i would be looking at mark meadows' aide, cassidy. she was by his side every single day, and if mark meadows isn't going to cooperate, one of the people in his inner circle knows about this. >> yschoen was on cnn this morning, and it seemed like he made a pretty big comment about mark meadows' claims. >> if you're talking about conversations outside the executive branch, then clearly those are not covered by executive privilege. this comes up in depositions. there could be questions asked that have to do with privileged areas and not privileged areas. if he were to show up and just start asking questions without the representative of the privilege holder present, privilege could be violated. >> it all comes back to me now. you mentioned, you said that mark meadows probably has a better claim at executive privilege than steve bannon. some things might be privileged and they really may not be. he can't talk about anything. do you understand what i'm saying? what kind of argument is that? >> well, it just defies basic attorney protocol on how these things go, and this is a myth floating out there. there is no blanket privilege "i don't need to show up." for attorney-client or a more exotic presidential or executive privilege, the protocol is that you produce the witness, the lawyer sits there in a deposition or interview -- actually, can't go into the grand jury, but they sit there, and you instruct the witness that you pause before answering so the lawyer has the opportunity to object. so if the question is, what did you have, mr. president, for lunch, if the discussion was around lunch, there is no basis for mr. bannon or mr. meadows to not actually answer that question. if it was, what was the president's thinking about something relating to presidential business, then the lawyer would object and say -- instruct the witness to not answer, and then that question goes to the court. sometimes if it's a written document, you create what's called a privilege log where you sort of kind of explain in specific terms what the documents are about and the judge will decide. listen, is the privilege valid, is the privilege not valid? the irony here, i think, with steve bannon's argument is that essentially they're setting it up kind of to conform to the big lie, that there is somehow two presidents here and that they're dueling presidents around executive privilege. the constitution under article 2 establishes a presidency. that means one, you get one at a time and right now it's joe biden. >> olivia, as we have been watching, you know, people defy subpoenas to say i'm not going to show up, not even bothering claiming executive privilege when they don't, does anything matter anymore? most -- everyday people cannot defy a subpoena and say, i'm just not going to court. does anything matter with our lawmakers anymore, people involved in government? >> it's a tough thing to watch, and it's depressing to see this happening in our country on a daily basis, especially when we see the threats on the rise and everything that's happening here in congress. i will say this, this is a classic, you know, page out of the trump book. they used the judicial system throughout his entire presidency to stall things when they faced litigation and they try to push agendas. they used the court system to back them on it, and trump continues to do that still today even after his presidency has ended. so i think, you know, this executive privilege issue, case in point, they used it as a cloak. they use it as a cloak of their own privilege, and it's a shame to watch these people act with such a lack of integrity and just plain disregard for doing the right thing when this is such a critical moment for our country. but i don't expect anything to change. my greatest fear is they saw this and they'll drain the political clock and they'll wait for this to potentially go to the supreme court and that will truly test, i guess, the integrity of the court and what this means when our democracy is at stake right now. >> olivia, kim, thank you very much. appreciate it. the state resting its case in the trial of three men accused of murdering ahmaud arbery. the defense starts tomorrow, but one of the lawyers can't get past the black pastors in the courtroom. plus, 1500 pieces of debris hurtling through space at 1700 miles an hour after russia blasts a missile at us. ben isn't worried about retirement his personalized plan is backed by the team at fidelity. his ira is professionally managed, and he gets one-on-one coaching when he needs it. so ben is feeling pretty zen. that's the planning effect from fidelity ♪ when you have nausea, ♪ ♪ heartburn, ingestion, upset stomach... ♪ ♪ diarrheaaaa.♪ try pepto bismol with a powerful coating action. for fast and soothing relief. pepto bismol for fast relief when you need it most. with framebridge... make what matters to you last. halloween, '72. jojo's adoption day. asher's art phase. whatever you treasure, make it last. framebridge. ho ho ho! not again. oh no. for the gifts you won't forget. the mercedes-benz winter event. get a credit toward your first month's payment on select models. (music) meet honeywell forge. analytical software that connects assets and people. to deliver a cybersecure record of your entire operation. honeywell forge industrial grade software. the prosecution resting its case in the trial of the three white men charged with killing ahmaud arbery, a 25-year-old unarmed black man out jogging. the final witness performed the autopsy on arbery and talked about the gunshot wounds that took his life. >> at this time the state rests. >> reporter: at that time the state rests its evidence on ahmaud arbery late this afternoon. kevin goff purposely delayed his closing arguments and is expected to deliver them tomorrow. >> what was his cause of death? >> his cause of death was multiple shotgun wounds. >> reporter: eight witnesses took the stand today, including the pathologist who concluded the victim's autopsy. arbery was shot and killed after he was chased and got into a confrontation in a brunswick neighborhood with three white men, travis mcmichael, his father gregory mcmichael and w william o'brien back in 2020. disturbing images of his body was shown while the doctor described multiple injuries he sustained. >> you see shotgun pellets on the lower portion of the chest, that's the right lateral chest or the right side of the chest. you also see shotgun pellets in the right chest and left chest and shoulder injury, shoulder area. >> did it break ribs 5 through 10? >> yes. >> all right, so all the ribs over here got broken, 5 through 10? >> yes. >> what happens when you break all these ribs over on the right lateral side? >> well, it begins to get difficult and painful to breathe. and also there is -- the intercostal arteries run on the lower edge of those ribs, so you would breathe into the chest cavity. >> donahue also testified there was nothing that could be done to save arbery's life once the first shot to his chest was fired. >> is there anything officers or ems could have done on the scene to save him from the torso shot? >> they could have but a dressing on the large defect, but you would still have the exit wounds. >> nin other words, is there anything they could have done on scene to save his life? >> he talked about the wounds trying to say how hard arbery fought in those last moments. >> somehow it got into the barrel of the shotgun, possibly while they were struggling, and maybe pointed it down into the ground and came up with this botanical material. this is what is called the flight or fight reaction, and when you run up -- when you run into a situation that is stressful or that you're afraid of or is going to cause anxiety, the brain will correlate a flight or fight response. >> reporter: but the defense took issue with that. >> i believe you testified on direct examination that someone in the fight or flight mode when they can no longer flee can fight. >> they can, yes. >> you didn't see any evidence that mr. arbery could no longer flee, right? >> no, i didn't. >> so there was nothing physically preventing him from continuing to run, right? >> no. >> you have no idea what he was afraid of at that point in time, correct? >> well, there's a man holding a shotgun out there. >> so he could have been afraid of being shot. >> and there was a man following him in a pickup truck. >> could have been afraid of being caught. do you know if mr. arbery was afraid of being caught? >> i don't. >> you don't know what you don't know. >> reporter: today's graphic testimony of arbery's last moments were overwhelming for the arbery family. >> i wouldn't put that on nobody's family. you look at your kid later all blowed apart. >> earlier in the day, defense attorney kevin goff told the court he filed a motion to ask the record to reflect who is sitting in the public gallery during the trial. it came one day after he took issue of civil icon jesse jackson in court with the arbery family. and days after a similar appearance from reverend al sharpton. >> we filed a motion to certain guests raising issue with the trial. >> reporter: ryan young, cnn, brunswick, georgia. >> attorney paige pate is here. how did the attorney do in his case, and what is the defense trying to do talking about black pastors? we'll talk about that next. and that's just basic wavy guy maintenance, right? next up, carvana. oh, boy. carvana just doesn't seem to understand how the test drive works. they give their customers seven days. and if they don't like it, they give 'em their money back. wait, they take the car back? that's crazy! what if it was driven by like a zookeeper? or a mud wrestler? or a guy who's on the outs with the missus and he just needs a place to sleep for seven days? yeah. 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>> that's certainly true of ahmaud arbery. i think you may hear, though, from the defense there were some calls. travis said he had a gun stolen out of his pickup truck maybe a week before this. nobody said it was ahmaud arbery, he didn't even believe it was ahmaud arbery. there were some calls about minor break-ins. but this is scintilla shores. this really isn't a crime-ridden neighborhood. >> i wasn't finished. they say he was running, and he was possibly running because he was guilty, right? guilty of what? that's where i was going with the question if they didn't find any proof that he stole anything. do you know what i'm saying? >> i absolutely know what you're saying. that's why i think a citizen's arrest is going to be hard for the defense to prove here. georgia law used to allow somebody to go chase someone down, hold them for the police. if they saw them commit a crime or had direct knowledge that they had committed a serious felony offense, none of that is present in this case. even if there is some argument this may have been criminal trespass, that ahmaud arbery was on private property. the mcmichaels didn't see him on private property and they certainly didn't have any evidence there was a felony offense that would authorize them to chase him down and arguably get into a scuffle and shoot him. it's going to be a struggle for the offense. >> so the defense is going to try to make a big deal about jesse jackson being in the audience, then reverend al sharpton. what is he trying to do here? he might have youulterior motiv. >> this is a very patient judge, but this has no merit to it. you can't say anything about someone in a public courtroom if they're not making a disturbance. it would be different if jesse jackson went in there and decided to make a speech or call out somebody's name, but that hasn't happened at all. he simply sat with the family, like reverend sharpton, and they are allowed to do that. so the idea that the judge is going to bar black pastors from the courtroom, it's ridiculous. i don't understand the point of making that motion, and, of course, it's going to have the opposite effect. pastors are already showing up in brunswick, there are more expected later this week. so whatever he was trying to accomplish, he's not done it. >> page, thank you so much. i'll see you soon. >> thank you, don. astronauts taking cover. potentially hundreds of thousands of space debrees that could interrupt your internet. more next. so subaru is growing our commitment to protect the environment. in partnership with the national forest foundation, subaru and our retailers are proud to help replant 1 million trees to help restore our forests. subaru. more than a car company. is struggling to manage your type 2 diabetes knocking you out of your zone? 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