deals with the provocation instruction that the judge gave them. those are two significant items obviously in this trial, two of the biggest things that the jurors are considering. in the afternoon when they asked for more of the instructions, that involved the other incidents and also importantly the lesser-included charges they're now considering. we're waiting to get word from the court that the jurors are back in the jury room. so far we haven't gotten word. usually this is a jury that arrives on time and things get started on time. they should start their deliberations. once we get word on that and obviously any other news, we'll certainly let you know. for now we expect a jury to return and deliberations to continue. >> we'll be watching closely. shimon prokupecz outside the courthouse. let's speak to former federal prosecutor jen rogers about all that's involved here. i don't want you to imagine you're a fly on the wall inside that jury room. juries can be unpredictable. this could take some time. as they're considering this, i wonder in your experience, the jury of five people, average americans like all of us. they have to consider the notion of self-defense, of whether rittenhouse put himself in that situation and, therefore, bears responsibility. how big a challenge is it for this jury going forward? >> you're exactly right, jim. it's complicated. not really legally complicated but factually complicated. not only do they have to think about was kyle rittenhouse reasonable, is what he did in that moment reasonable or did he provoke those add tax on him in which case they can't use self-defense. they have to consider that for multiple incidents it's not just the first shooting, not just the second shooting. three people were shot and there are charges related to two others. even with respect to the first victim, joseph rosenbaum, the jury could find that the first shot was justified and the three following were not. there's a lot for them to unpack and negotiate. i bet when they walked in the room, jurors felt differently over the issues. i've had many conversations over the last few days where people are differing on what they think happened here. they're trying to work with one another, persuade one another. they'll probably go incident by incident, count by count in doing that. >> in terms of being methodical, too, that would make sense that they would ask for copies of the jury instructions. i have to admit, when i heard that yesterday, i immediately thought why isn't every juror given their own set of instructions from the outset so they can refer to them? is that not common practice? >> it is. many judges sent back either one copy or 12 copies for that very reason, so they don't have to come back and ask for them. we want the jury well versed in the law and considering it at every step. 'surprised the judge didn't do it here, especially because he kind of botched the reading of the instructions. now he's done it so they have it. as they move forward, they'll be referring to it. >> there's a range of charges here we should be clear, different charges for different deaths, different folks shot by rittenhouse here. when you look at this range of charges, what do you think of what erica and i have heard from experienced trial judges and lawyers, that oftentimes juries, when faced with such a range, will look for some sort of compromise? in other words, that they have a natural leaning towards assigning some sort of accountability here even if it's not the highest charge. i ask that with the proviso, i know we can't know how this particular jury will go. >> they're negotiating, they come from different perspectives. there's likely to be disagreements at the outset. then they'll look for kmont ground because there's a lot of pressure on them to reach a unanimous verdict here. if they do go out and say they're unable to do that, the judge will likely give them a charge and send them back in to try again. it's really on them to try to reach an agreement here. as part of that, they will negotiate maybe -- i won't say will, but they often do. they'll say, okay, we can't agree on the top charge. maybe we can all agree on a lesser included charge. >> the burden ultimately, as we know, in a case like this is on the prosecution. there's been a lot made of the defense and the case the defense put on, specifically the decision to put kyle rittenhouse on the stand. >> when a defendant testifies, it tends to overshadow everything else. it happens pretty rarely actually. when it does, that's what everyone remembers and it does tend to be what everything turns on. my assessment was that he was actually a very good witness. but at the end of the day, the jury is going to have to think about what he said, but also the other evidence, too. but i do think in these cases the defendant's testimony is something that's extremely key, and he performed well. so i think that will help him. >> from a perspective of precedent, and we should keep in mind that there are laws particular, for instance, the state of wisconsin about when and how -- relatively liberal in wisconsin -- someone can show up with a firearm in the midst of something like this. but nationally, do you see the potential for setting something of a precedent for how folks react, if nay see violence, riots, protests in another city and whether they can show up and whether they'll have some legal protection for doing so? >> there's a really interesting conversation going on around all of this. there was an article in "the new york times" about it the other day. as jurisdictions pass laws about their citizens being able to carry firearms openly around the streets, we're going to have more situations like this. more gun violence will happen and we'll have more cases like this where someone ends up getting shot, who wouldn't have been had there not been a law allowing someone to carry a gun like that. as a society, we need to grapple with this issue and think about whether we want to do something about all these guns on the street that unquestionably are leading to more gun violence. unfortunately, that's a bigger issue for our legislators ultimately to decide upon. >> jennifer rodgers, always good to have you with us. thank you. and this just in to cnn, a story we've been covering for years. for the first time ever drug overdose deaths in the u.s. have topped 100,000 in a single year. new data from the cdc found that the record death toll took place during a 12-month period ending in april of this year. experts found that the pandemic as well as a rise in use and spread of fentanyl were key contributing factors. >> cnn's dr. sanjay gupta joining us now to discuss. what more are we learning from these numbers, sanjay? >> well, these are the depths of despair as they've been called for some time, even before the pandemic. part of the reason that life expectancy in the united states was dropping, even before the pandemic started. this has been on on going story for some time. let me show you the numbers. as you mentioned, these are the highest we've ever seen, the number of overdose deaths topping 100,000. look at the change from the year before. again, april to ap real, nearly a 30% increase. if you break it down more specifically and say what are the specific drug overdoses, what's causing them? it's primarily opioids. even more specifically within opioids, that's the yellow line. it is this elicit fentanyl which is finding its way into all sorts of different drugs. you do see there's been increases in things like stimulants. methamphetamine is a stip lant, f stimulant. this is primarily an opioid problem, primarily a fentanyl problem and it got worse during the pandemic, in part because people were self-medicating more, mental illness, and also in part because support structures were not as prevalent during the pandemic. people couldn't get the typical support system they had before. >> isolation. two consecutive administrations have vowed to address this. the trump administration made it a priority, the biden administration as well. the white house holding a call right now to address what they're calling an overdose epidemic. what's working? is anything working? >> i think for a long time the focus was on cutting down on prescription opioids because people believed that was the genesis of the problem. that may have made some impact. right now pretty clearly the issue is elicit fentanyl. people are focusing on things like bub rin nor print. that helps treat addiction. narcan is a medication that can help reverse someone in the thros of an overdose. should that be more available. these are classic harm reduction conversations that come up over and over again. there's another thing as well, something we've been reporting on. fentanyl test strips. oftentimes fentanyl will find its way into other drugs, not just opioids, people using the fentanyl to try to cut their drugs, try to cut down on costs. these strips, very simple strips here, people will use them to try and figure out is the drug that they're using, does it have fentanyl in it or not. again, it's a controversial topic around harm production. some say this actually increases drug use. other people say it can help save lives because people actually know what they're taking. >> before we let you go, we want to check in on covid. booster shots expected to open up to all adults, anybody 18 and older who is six months past the first shot later this week. six states have expanded eligibility. how much of a difference do you think this will make? >> well, we'll hear for sure by friday on this. i think the difference it will make will be in terms of messaging because it has been confusing for people. it wasn't that long ago that people were told that only certain people needed boosters. as we've gotten more data in, we see increased evidence of the vaccine's effectiveness waning over time. there are people who say from the start people believed this would be a three-shot sort of regimen. basically everyone in the country will be eligible for boosters as things stand now because of pre-existing conditions. that graph on the screen, i think we should never talk about this without reminding people that what we're dealing with is primarily a pandemic of the unvaccinated. it's really good to bolster up the protection that people in that white line have. i think that's important. but overall, still 40% of the country has not received a vaccine. some of these people may have protection just because they've been previously infected. they may have some infection-acquired immunity. this is a pandemic of the unvaccinated. the message has to be to the people to get vaccinated in the first place more than anything else. >> we don't know how long that protection lasts, right? everything we know so far is that the vaccine will protect you much longer than the antibodies from getting sick in the first place. dr. sanjay gupta, always good to see you. thank you. >> thank you. still to come, the so-called qanon shaman in court this hour. plus, house democrats setting the stage for an attempted reckoning, bringing a vote to censure republican senator paul gosar. in georgia, the defense attorney who has been in the spotlight all week for his comments about black pastors sitting with ahmaud arbery's family gives his openining statement and the defense begins itits case. stay with us. -up numbers. it's what you'll really pay, right down to the penny. whether you're shopping or just looking. it only takes a few seconds, and it won't affect your credit score. finally! a totally different way to finance your ride. only from carvana. the new way to buy a car. pack your bags and cashback. earn 5% on travel purchased through chase with chase freedom unlimited. you do this for everyone? 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>> maybe a couple, maybe a couple more. we expect this to be largely along party lines, back in 2010, charlie rangel. after an individual is censured, they have to go to the well of the house and listen to the charges, why they were subjected to a rare form of punishment by the house. but also, in addition to this, paul gosar is poised to have his committee assignments stripped, two including one very influential one on the oversight committee and one on the nat. >> ron: resources committee. that is also a rare action. house democrats did that earlier this year when they stripped marjorie taylor greene of her committee assignments. they plan to do it as well in the aftermath of that violent video he tweeted last week. i caught up with house speaker nancy pelosi about all this last night. i asked her about why they're taking this action. >> why go after him? >> yes. >> because he made threats, suggestions about harming a members of congress. that's an insult, not only a danger to that member, but an insult to the house of representatives. we cannot have members joking about murdering each other as well as threatening the president of the united states. >> reporter: paul gosar has not publicly apologized for this. he has taken down the tweet and privately he addressed the republican conference yesterday, even contended that he did not see the violence in that video before it was tweeted, and he got some support from the republican leader kevin mccarthy who did talk to him privately, has not condemned him publicly but pushed back to what democrats are doing. this comes as republicans are warning if they're in the majority, they'll punish democrats and strip them from committee assignments in the minority. >> mccarthy might even vote forego sar as speaker in 2022. today president biden heads to detroit as his late of the stop to promote the benefits of the $1.2 trillion bipartisan infrastructure, now law. he'll visit a general ele electric -- general motors plant. my next guest set to make the trip with president biden, dan kildee who served on the house ways and means as well as budget committee. great to have you back with us this morning. >> thank you. >> president biden set to make his way to detroit touting these provisions in the infrastructure bill. meantime, roll call reporting that this electric vehicle tax credit that's in the social safety net bill really could be hanging in the balance at this point. we know senator manchin opposes it, specifically because it doesn't apply to all electric vehicles, only those made with union labor. you wrote the provision, is there room there to expand it, to broaden it. >> the language does include all vehicles, including vehicles not even manufactured in the united states. the question is whether or not we have an additional bonus provision for those companies that enter into negotiations with their workers and provide them with good wages, benefits and protections. to be clear, the base electric vehicle tax credit of $7,500 would apply to all vehicles, and in year six only apply to domesticicly produced vehicles. it's intended to strengthen the economy by supporting union jobs which we know have a really significant external effect on the whole economy of a community. we know senator manchin opposes that. >> is there any wiggle room in that provision? >> we'd like to hear what his thoughts might be other than just saying no. >> he hasn't offered you an alternative? >> no, he has not. >> when we look at -- we know everybody is waiting on the final cbo score. it could come by the end of the week. we're expecting it by the end of the week. there's a new analysis from the joint committee on taxation which shows the social safety net bill would benefit some high earners, especially those making a million dollars annually. this has been billed as a package to help lower and middle-income americans. are you concerned more benefits for high earners could cost you some votes within the caucus? >> i don't think so. a lot of this, of course, has to do with the fact that there's at least one senator that is unwilling to increase rates on high income earners. there's a natural impact of that. unfortunately, that may mean that some will continue to enjoy the benefits of the tax code. again, it's because a single senator is unwilling to increase the top rate. we do have additional taxes for very high income earners that help us pay for much of the investments we make because we think they need to pay their fair share, but some of these anomalies i don't think will dissuade democrats in the house, because we intended to make sure that the tax code would apply as fairly as possible. unfortunately we're not going to get as high as we like because we have a single senator who is wil not willing to make that step. >> you talk about not losing any democratic votes in the house. do you have the votes you think at this point? >> i believe we do, just based on the conversations i've had with some members who originally were quite reticent about this. awaiting the cbo score and understanding that process leaves some room for interpretation. everything i've heard says we'll have the votes to pass this legislation once those scores come in. the headlines have not been great for the administration in terms of how the american people are looking at how effective president biden has been in getting things done. i know you've seen those numbers. there was a hope of a bump after the passage of the bipartisan infrastructure bill. that didn't happen. in the most recent abc news/"washington post" poll, looking at congressional seats, early midterm vote preferences, 51%, a ten-point margin, said they would choose the republican candidate over a democrat. you have been targeted by the republican national congressional committee as a vulnerable democrat in 2022. that's a pretty big margin when you're looking at 10% that separates you. why are these numbers so low? >> i think there's a lot that goes into this. i think there's a lot of fatigue with this covid pandemic that causes people to hold the party in power responsible. the difference, of course, between democrats and republicans is that when we are in position -- in the position of authority, we actually take action. it takes time for those actions to be felt by the american people. the legislation that we just passed, the bipartisan infrastructure bill, will take time for people to feel the effect of it. when they do, they'll understand that the entire democratic party was on board with it and just a small number of republicans were willing to vote for it. it is kind of interesting to note that there are republican leaders who are trying to take away the committee seats of those republicans who voted for the infrastructure bill but won't vote to take away a committee seat for someone who posted an image of killing a fellow member of congress. it's a pretty stark, i think, contrast in those two positions. >> we'll be watching to see how the vote plays out. as you noted, it takes time to get things passed and people to feel the impact. do you have enough time before 2022? >> i think we do. the president was sworn in in january. in his first year he was able to get an infrastructure bill across the line. donald trump declared infrastructure week every week for 48 weeks and was never able to get one thing done. we're getting our work done. if we focus only on the politics and not on the substance, we'll always get it wrong. we're focused on the substance, and we just think that once we do our work and the american people feel it, the politics will take care of itself. >> congressman dan kildee, thanks for joining us today. >> thank you. still ahead, the defense takes over in the trial of the three men charged in the murder of ahmaud arbery. the attorney who drew backlash about black pastors joining ahmaud arbery's family in the courtroom, he's goining to be making his argument this hour. i'll shoot you an estimate as soon as i get back to the office. hey, i can help you do that right now. high thryv! thryv? yep. i'm thall-in-one management software built for small business! help me with heduling? 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>> listen, all any of us can do is to speculate. the fact of the matter is, this is a tradition that has always existed with any family, but certainly in the african-american communities pastors always go to support their congress gants. in this context, my understanding is the family certainly reached out to mr. crump as well as reverend sharpton and others. i think our nation needs to figure out how do we support families and not diminish. it's very sad. i don't want to just go to racism automatically. but it certainly seems the statement is racist. >> the jury has very serious charges to consider here. i wonder, are you concerned at all that the controversy over this could distract from their considering the charges at hand? >> well, i'm not concerned -- i think the bigger concern for me was the fact that there were a number of jurors who happen to be african-american. in terms of the population of that county, the jury pool, the way it's set, even the judge made mention of that. i'm more concerned about that than something distracting. i think the jurors have a job to do and hopefully they'll do their job and convict these gentlemen. >> as we look at the reaction we've seen, the backlash to these comments, as we've pointed out a number of times, he didn't say pastors in the courtroom, he specifically said black pastors. there has been continued support for the arbery family there in the courtroom. i know you and i believe over 100 pastors as well as members of the family will be joining together for a wall of prayer in front of the courthouse in brunswick, georgia. what is the message that you hope that moment will send? >> i hope the message is, first of all, pastors are coming, number one, in peace, encouraging the community to be together, but also praying for a -- not a victory, because i don't know that it's a victory, but when you talk about how this family has lost its loved one. i understand because, too, lost a father and grandmother who were gunned down by assassins. in this particular case there were scenarios -- we saw this man gunned down. the pastors will be praying for a conviction, be praying for peace, praying for the actual jurors to do the right thing, because i think it would be beyond devastating for there not to be a conviction that looks so clear to many. >> well, martin luther king iii, we know you'll be in the courtroom tomorrow. thanks so much for joining us tomorrow. >> thank you for the opportunity. still ahead this hour, a standoff in europe as thousands of migrants still trying to enter poland from belarus, encouraged by the belarusian authorities how the crisis can draw in an entire region. that's next. as we're keeping you up to speed, here is a look at what else to watch for today. how did panera come up with the idea to combine their famous mac and cheese with their iconic grilled cheese? 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(gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th 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. 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. ♪ ♪ ♪ ♪ ♪ ♪ with chase security features, guidance and convenience, banking feels good. chase. make more of what's yours. nasa is on the verge of launching a new space mission to reveal the depths of outer space never seen before. in the a few weeks, the james webb telescope will be rocketed into space, eventually traveling 1 million miles from earth. its mission, to answer some of the most compelling questions about the kroocreation of the university and the possibility of life on other planets. "the hunt for planet b" will provide a new look for this groundbreaking mission. here is a preview. >> the webb telescope is 100 times more powerful than hubble. the bigger the telescope, the better the resolution. we wouldn't have built a telescope this big unless you needed to. you need to build a telescope this big if you want to look at the dimmest galaxies in the universe. >> the james webb telescope is not just a sheen built by engineers and scientists. it's taking humanity on a journey. we're going to enter a completely new part of observation of space. every time we've done this as a species, we's discovered new things. >> it is fascinating. joining me, gregory l. robinson, the program director for the james webb space telescope mission at nasa. thanks so much for taking the time today. >> thanks for having me, jim. >> the comparison there really struck me. 100 times more powerful than hubble which was already a groundbreaking moment in terms of human exploration of space. plus, this has another advantage. it's a million miles up, three times the distance that the moon is which allows you to look even deeper into space. how far out and how far back in time are we look? >> webb is 100 times more powerful than hubble. so we're going to look back about 13.5 billion years, three or 400 years after big bang. it kind of blows your mind when you think of how far back and the time and what we will likely see. >> no question. so that's one thing. that gets to essential questions about how the universe was formed. another big goal here is looking, is it not, for other habitable planets in our galaxy and perhaps beyond. what's the significance of that? >> it's pretty significant. when webb was started, what we call exoplanets, we were just thinking about it. we've learned from other missions like spitzer and test. webb will help us better characterize them, to understand them much better, their chemistry and so on, a lot better than the satellites that are finding them today. so we're going to know a lot about them, how habitable are they potentially? so for these planets, we look at planets that are about the size of the earth, around their stars, about the same as we are, their rotations and again the chemistry. webb will give us a lot of insight into that. >> so the number of planets that fall into that category has greatly increased, the ones that have been discovered just in the past several years. this, as you might imagine, will discover more. a question i know you're asked all the time: as we discover that, does it make you more confident that we're not alone? >> so, it's a good question and i don't have a good answer for you. it's a quest. we've wanted to know that certainly my entire life, what's out there. normally we think of mars when we think of other planets. if you grew up watching "star trek" you see other beings, right? so we don't know. missions like webb will certainly get us closer to those answers. >> thanks so much to gregory robinson. be sure to tune in to "the hunt for planet b" premiers saturday at 9:00 p.m. eastern only on cnn. i'm going to be watching. thanks for joining us today. i'm jim sciutto. >> i'm erica hill. 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