they censured paul gosar. this week we expect a giant fda decision on whether to okay covid boosters for all adults. we begin, though, on january 6 and the accountability question. just seconds ago, a judge sentencing jacob chansley to 41 months in prison. the judge called his actions, quote, terrible. you made yourself an epitome of the riot. chansley spoke directly to the judge for more than 30 minutes. he insisted he's a good man who broke the law, not a domestic terrorist, not an insurrectionist. this is a big sentencing. >> reporter: it's very significant, john. and the reason it's so significant is 41 months is the very same sentence that judge lamberth handed down to a capitol rioter just last week. that rioter punched a police officer, a violent crime. jacob chansley is not convicted of a violent crime, but the judge still believes that his acts are comparable with a violent act. so as we look at the grand scheme of all of these riot defendants, 660 defendants charged, around 132 defendants indicted. you know, three dozen having been sentenced at this point. the significance of this sentencing cannot be understated, john, because it simply sets a watermark for how the doj and judges may approach other highly visible people who are charged with highly serious felonies but did not commit a crime of violence. now we're starting to see this new phase of these insurrectionists. the judge did say he was the epitome of the riot. however, john, in a remarkable moment the judge also said that jacob chansley's remarks were 31 minutes of telling the judge how regretful he is, how much he's changed in jail, how much he does not want top offend. he called those the most remarkable remarks he's ever heard in his 43 years on the bench. clearly he was moved. clearly he accepted what jacob chansley said, that he is remo remorseful, yet still handing down these 41 months. it is ten months less than the prosecution asked for. the man in bull horns, face paint and fur has been sentenced to 41 months in prison without early release, john. >> with me in the studio, malika henderson, lopez and kim wehle. kim, let me start with you. in many of these cases, we have heard the judge criticize the biden justice department saying they didn't think the justice department was being tough enough. in this case the judge went a little lower than what the justice department asked for. 41 months is still significant prison time for a man that w whitley pointed out, he led the charge inside the building. >> we're seeing more calls to violence, we're seeing vigilantes in the street. this is the rittenhouse case, the ahmaud arbery case, and i think it is symbolically important to tell people, listen, this kind of taking the law into your own hands is not going to fly. and judge lamberth, as indicated, is a very seasoned judge, a very serious judge, old school, understands government, understands washington, so you think he did want to send a message. the fact that he was moved by the defendant here also, i think, raises the question, what was donald trump's role in this? because this defendant also has indicated that he was following what he understood to be the orders of the president, so the next phase, i think, is will the justice department actually step in to take action around those within government who participated? >> that's a great question. will the justice department go there and will the house committee be successful in getting more information about that, the house investigation of january 6. what about trump and what about the people around him? let's come back to mr. chansley for a minute. the justice department, they knew. no, he was not convicted of an act of violence against another in the building. there are also pictures of him parading through the halls, chanting as he went through. the justice department said this is a leader. we want him punished because he is a leader. he had a 6-foot-long spear as he went through, brazenly passing by dozens of officials, screaming obscenities about the nation's lawmakers, the opportunity to rid our government of the traitors. th this was a chance for the justice department to say, a leader, send him behind bars and send a message. >> and he was probably a nuisance to the general public because of what he was wearing and what he was shouting there. if you're a member of the general public, you're probably wondering, what happened these peop people? what is going to happen to them, what is their consequence? they decreased his sentencing, but still, this is a significant time he's going to serve. >> and in their argument for the 51 months they had originally asked for, yes, they gotten less, but it still is the most severe sentence that any of the rioters have been served so far. but what they noted, the u.s. attorney noted, was that chansley, yes, while he may not have done a direct act to a person inside the capitol, he sat in the chair that mike pence, the former vice president, was sitting in just an hour before and left a note saying "justice is coming." so threatening exaand carrying what a lot of rioters were saying that day. >> we take you now to kenosha, wisconsin. the jury in the kyle rittenhouse trial has asked the judge a question. >> he drew a name out of the tumbler. he was black, the only black. there was nothing wrong with it, it was okay, but they talked about optics? that was a bad optic, i thought. i think people feel better when they have control, so ever since that case, i have -- which was -- well, ever since that case, i've had an almost universal policy of having the defendant do the picks. it had nothing to do with anybody's race or anything like that, and i never had a complaint about it before. in fact, i haven't had a complaint about it here. but some people seem to be dissatisfied with that, and people who want to undermine the result of the trial. so that's today's statement on that subject. >> your honor, it's why i do my best to avoid reading anything anybody is writing out there about this case, because we know what happens in here, they don't. >> i don't always have that luxury, though because -- well, anyway. yeah, and some of the things that have been said, too, i guess i'll comment on that, too. these are five very reputable, competent attorneys that i've practiced with for years, and i think it's shameful, some of the things that are being done to these people. and when i talked about problems with the media when this trial started, we are there in part, not fully, but in part because of grossly irresponsible handling of what comes out of this trial. i will tell you this. i'm going to think long and hard about a live television trial next time. i've always been a firm believer because i think people want to see what's going on, but when i see what's going on, it's really quite frightening. but back to the subject at hand. i've discussed my disdain for the rule. i'm not going to box you guys into accepting what i think is the better way, and i sense from the statements that have been made that i think in some respects you may even agree with me that it would be better if the jury could -- we're going to now have -- the jury will come down here to the courtroom and everybody will be shooed out of here, as they should be, and i'm not even sure we're going to have to review the procedure that's been outlined. but they get to watch it once. is that what the rule is? >> i think they should be allowed to view what they want to view as often as they want to view it. >> subject to my other objection, i don't have a problem with them viewing it multiple times. at a certain point, i don't think that's -- three or four times, i don't have a problem. but to sit here and just keep playing it, playing it, playing it, i don't think that's the right way, either. then it's giving more emphasis to one piece of evidence. >> well, but sometimes there is one piece of evidence which is absolutely critical. and i talked about the other case, i talked about the attempted murder case i had in h here. i don't know how we're going to police this, anyway. and the other thing is, when it is being policed, and someone is watching them talk about it, well, can they freely talk? which is what we want, we want freedom of expression between the jurors. and so as they watch these videos, to me, if they want to watch it a hundred times, that's them. if it were a bench trial -- i've said this before, if this were a bench trial and i put in my decision that i thought exhibit 486 was critically important but i didn't want to overemphasize concentrating on it, so i left with questions in my mind about it and decided i better not look at it anymore. i should get reversed. that's an outrageous thing. that's what we're addressing the jury to do because of the disrespect the courts have had in this country for the juries. these are intelligent people. they get treated like -- there was a time when the people, educated people in the town, were the physician and the lawyer and maybe the schoolteacher and the preacher, and the rest of the people were farmers. so, obviously, they weren't as smart as those educated people, right? wrong. that's never been the belief of the founders of our country. it's never been true. and i think these people are as competent as the educated people, and many of them are educated, to make these decisions, and that's where the founders of our country put the power, not with us. so i think it's insulting to the jury to tell them that they have to have these restrictions on their viewing, but we're going to sit down with the books, we're going to find out what the exact procedure is, and we'll await what they want to do. but for now i will answer, do we view the videos in private or in the courtroom, and the answer will be in the courtroom. do you need to know the exact exhibit number or video or photo? well, there's two options. you can have all of them. anyone gasping? you can have all of them whenever you want, you can pick and choose, and you can describe generally what you want. >> i think the exact exhibit number would be helpful, but if they could give us just a title or description, we can also figure it out. >> i agree. >> you've got copies, so what i'm going to write on here is in courtroom -- general description of what you would like. is that all right? >> yes. >> the only thing i would ask about with regard to your answer, your honor -- >> yes, sir. >> -- i'm not sure if i heard you correctly about bringing the jury back, you mentioned kicking everybody else out of the courtroom. if you are planning on doing that, it might be helpful to tell the jury that so they understand they will be viewing it without the public around. >> that's a good point. i don't know who will be the kickees. certainly all media sand the officers, because the question is whether the lawyers and the defendant -- i don't know what the answer is. we'll have to check that. and i don't know if i'm supposed to be in here. i got the impression, and it's been a long time since i've read one of these cases, i got the impression it was actually supposed to be the bailiff, but i'm not even sure about that. we'll have to look at that. i guess i'm going to -- i understand the good suggestion that you've made but i'm afraid i don't know enough of an answer right now. so i'm going to send this out now. >> thank you. >> your honor, can we be excused to do some research on what you're talking about? >> please do. please do. >> you're listening to the proceedings inside the courtroom in kenosha, wisconsin. judge schroeder saying he got a note with questions about the drone shooter. he said it was in self-defense. the state says it was a homicide. kim wehle is with us. the judge in the proceeding is criticizing the social media in the case. not surprising the jurors in the second day of deliberations would want to go back and see the key pieces of the evidence, where the shootings began in this case. >> i think it's a good sign the jury is doing this. it means they're taking this very seriously, they want to be very precise. it's also, though, not necessarily a great sign for the defense, and you could see the defense lawyer sort of pushing back at unlimited access to that information. because, remember, there are two alleged murders or deaths here, there are two deaths. the first is mr. rosenbaum, and he was, as we understand, mentally ill. he had just been released from a hospital. he was running towards the defendant and threw a plastic bag at him, and then someone fired a gun. so the argument is, listen, he was worried, mr. rittenhouse was worried. he has a stronger self-defense argument there. then he left that person on the ground, and with a loaded weapon, started running, and people were worried about an active shooter. then he killed mr. huber who went after him with a skateboard. so i think the jury is asking, listen, what happened in that moment? was he actually in legitimate fear, reasonable fear for his safety? >> caroline kleber joins the conversation. no, he was never threatened that he needed to use self-defense. the jury wants to come back in and see the beginning of this episode. what does that tell you? >> a lot to unpack there, john, as you noted. but i think one of the key issues here even beyond self-defense is remember the prosecution got a favorable ruling with respect to the jury instructions about provocation? and provocation, under that state's law, effectively takes away the self-defense claim. it then sort of gives it back to you under certain circumstances. but i think what we're seeing here, and i agree with kim, that the jury is absolutely taking their civic duty incredibly responsibly, going through piece by piece. and they're really wanting to parse out that footage. i had suspected that there was a very high likelihood that the jury would get back there, throw up their hands and just acquit on all counts because they couldn't understand the jury instructions. not so. they clearly are taking this seriously and going through element by element. >> let's bring in shimon prok prokupecz. the jury wants to review some of the key evidence. the judge says he's not sure of the wisconsin law of who should be in the courtroom. should he be in the courtroom? but the jury will get to see this video evidence once the judge clears that up. >> reporter: john, certainly in cases i've covered, what happens is, if the jury wants something, they come down and play it and then they leave the room and you do this in open court. this sounds like, and maybe what the judge is thinking, they actually want to sit there together, watch this video, maybe talk about it as they're watching the video, maybe make notes, maybe kind of deliberate over the video. so that's why the public couldn't be present. that's why the judge couldn't be present. that's why the lawyers wouldn't be present, because they would actually be deliberating, which they're supposed to do in the jury room. so there is a lot of confusion. again, the fact that the judge is confused over this, again, there's been a lot of this during this trial, but let's see what he ultimately decides here. >> we'll watch it play out and we'll see the day 2 deliberations. caroline pilosi, thank you. in washington a pivotal moment on capitol hill. house democrats set to censure paul gosar. we're carvana, the company who invented car vending machines and buying a car 100% online. 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. c'mon caleb, you got this! and if you don't, there are other options! umpire: ball! good eye! good eye! eyes are good for lots of things. like reading! be the best, caleb! statistically impossible, caleb. umpire: strike three, you're out! you'll get 'em next time! or you won't, probably won't. and it won't impact your future whatsoever! talk to us about college planning today. feel comfortable about tomorrow. massmutual. kevin! kevin? 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>> this is not one instance with gosar. there is a pattern of pushing hateful rhetoric, inciting violence. gosar has repeatedly said the january 6 was a false flag operation. he has also affiliation with white supremacists and white nationalists. so this is not a one-off for gosar. it is not surprise to go -- surprising to me that he's not apologetic because he hasn't associated himself with hate groups. this is also, as you noted, john, a really big story and a big issue because of the fact that minority leader kevin mccarthy, they're not in the majority yet, but he is pretty much building what could be his potential speakership by giving a pass to members who are inciting violence and not holding them accountable. >> that's why gosar isn't apologizing. he doesn't have to, he doesn't face consequences in his party. >> this might not happen, democrats might not have the votes to censure mr. gosar. if a republican had disciplined him, if they had insisted he go to congresswoman ocasio-cortez and apologize. that's the message to mccarthy. if you hold gosar accountable, if you hold marjorie taylor greene accountable, if you hold the republicans accountable who wore masks and stormed the white house floor, we won't do this. >> he knows that instinctively, and that's how he has been behaving. he's close to getting the speakership because of how close the margins are. we'll see if he gets it, but that's why these folks feel they have free rein to do any number of things. it's important for democrats to send a message because republicans won't, because we just saw january 6 happen, right? this violent insurrection, words about bringing harm to folks in that chamber, and here we have gosar doing that very thing in cartoon version but still hinting at the kind of violence that folks on january 6 wanted to happen to members of congress. >> i don't know if we have a live photo but they just started to debate on the rule on the house floor. first they have to pass the rule and then they move on to the resolution. you see them now starting to debate the rule. this process will take at least an hour, perhaps a little bit more. i want you to listen to the speaker of the house on capitol hill. she says, yes, congress has to hold one of its own account abl, but she thinks the justice department should take a peek. listen. >> not just members of congress, but certainly the president of the united states should take a look at this. >> will the justice department look at this? can congressman gosar say it's just a video, it's not a specific threat? there is that issue. the other issue is republicans will not deal with extremism in their midst. >> that's exactly right. we talked about how it's a tough balance for kevin mccarthy -- >> forgive me for interrupting, but it shouldn't be a tough balance. i'm sorry. principle and country should come before power. >> he wants that speakership, which i think is what he's focused on. in theory, it shouldn't be tough on him, but he's frustrated both sides. he's obviously frustrated democrats but he's also from us fratd his own party members like the moderates who are running in these swing districts who don't want these comments associated with the republican party. a lot of people would argue we can talk about immigration without having these anime videos that incite violence. a lot of members just don't want to deal with this on a day-to-day basis and kevin mccarthy has not stepped in to say this is not republicans stand for. >> i talked to him, he deleted it, so we're done, we can move on with no accountability. i can just smajimagine what the republicans would be saying if a democrat did this, but he took it down so they're good. >> but they are recommending a no vote. and kevin mccarthy went behind closed doors yet, tried to contain this fallout. he said, look, i called him, he deleted it, his intention was not to cause harm, not to encourage violence. for some members that was enough. they said, that's what we need to hear. kevin mccarthy did enough to get everyone on board, but obviously democrats say that is simply not enough. >> i'm not encouraging people to watch the video, but if you watch the video, it's pretty clear what the video was. i'm not encouraging anyone to go back and do it again. tha thanks, everybody. the gop engineering a majority with new maps. we'll go there next. 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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 we looked for the most hidden places ...to discover the finest belgian chocolate. that's famous amos worthy! savor the world in a bite. famous amos. wonders from the world. motrin works fast to stop pain where it starts. like those nagging headaches. uncomfortable period pains. and disruptive muscle aches. you can count on fast, effective relief with motrin. you see the narrow numbers here, the democratic majority in the house. that means republicans need to do the math at home to flip just five seats next year to take control of the house. the giant disadvantage in the distancing process, it allows for republicans to redraw the map this year in ways that should make next year's math easier. let's take a look at what we're talking about. 221 democrats, 213 republicans. republicans are redrawing the map. they control 20 states. republicans have full control of 20 states. democrats have full control of eight states. it's split where there are independent commissions in other states. if we look at the process right now, 15 states have already passed the map so far. let me get some help from kyle kondic who is managing editor at the university of virginia. kyle, here's where we are so far. this can be a confusing process. just look at texas for an example. republicans control the legislature, they control the governorship. they're picking up two seats because of the consensus. 2013 is the current breakdown. you see 30 seats there. texas will have two more as you go through the process. you're just seeing white lines here, but here are the current house districts, here are the new house districts. if you just take the new house districts and overlay them with the presidential election results, it's not a guarantee but just a show. see the white lines around new districts, texas will have more republican districts. now let's zoom in, kyle. this is where it gets interesting. as you're drawing these maps, you could easily draw more of these blue areas into single districts. look what happens. you see this blue area here? it goes out into a big rural stretch in one district. you see the blue area here split into a district that goes this way. this is houston, and you move into other parts of the state right here. the republicans look at the map, and this is what latino voters are mad at. they say voters of color should have had more districts drawn specifically for them, but here you have blue areas and this giant red streak. >> the districts often look like bacon. that's a term that even shows up in some of the literature that if you're republican, you draw some very democratic blue areas and then you connect them out to rural and exuberant voters who are more republican. texas' map, the last decade, the current one that was being replaced, it had a lot of that, too, but a lot of the districts who were so red at the start of the decade got more and more competitive. the texas republicans have redrawn the map, sort of recut the bacon in order to protect their large lead in the texas delegation. >> they'll pick up two or three just in texas in the next election by the way they drew the line, but they could have been more aggressive. probably not because they want to avoid a court challenge. >> texas is changing, they're growing in great numbers in dallas-ft. worth, austin, et cetera, so it's one thing to draw the map for 2022. the goal if you're a gerrymander is to draw a map for not just this one but the next election, too. >> republicans have full control, they have the governor, they have the legislature. montana is a state where they have a so-called independent commission. this is always about politics so it gets cut up. montana right now only has one because the population only has one member of the house. because of the growth of the population out there, montana will have two. currently one house member represents the entire state. you'll have two districts here. i want to bring in the county map of the whole election. what democrats wanted, they wanted to come up from here and go up like this and come across here and come down. they wanted to keep more of these blue areas in a district that they thought would create a more -- not a guaranteed democratic district but a district for them. the two republicans and a chairman voted no to do an associated east-west split of the state. even where you have a commission, sometimes you get a result. these are two republican districts when you look close at them. >> even in a state like montana where you think it would be simple, just two districts in the state, there are still really controversial choices here, and even when you have an independent system, there is almost always a winner and almost always a loser, which is why you see commissions in virginia, for instance, that deadlock because if you have an equal number of democrats and republicans on a commission, they're not going to be able to come up with a map that is fair. you need a tie-breaking process. the commissions that work usually have some sort of tie-breaker. >> history says the party out of power usually does well in the next year. history says that. then you come back to this, the balance of power, it only takes five seats because the democratic majority right now is so narrow, it only takes a five-seat flip. what we just went through, you could pick up three, maybe more, just in texas. republicans halfway through the process could argue we've got three, maybe four of the seats already. >> democrats are gerrymandering, too. in illinois, the governor hasn't signed a map there, too, but that's going to be a democratic engjegerrymander in illinois. overall republicans control 87 districts, democrats only 75 and the rest of the state is commissions or split control, et cetera. so republicans come in with a big advantage and they're coming to realize their big gains now. >> no question republicans are close to their big five. we'll go through this chess game throughout the year. we'll have you back in to walk us through it again. you should check out kyle's new book as well. it gets right to this point, actually, "the long red thread, how democrats gave way to elections. s ". the fda considering the pfizer booster shots for all adults. with me. >> man: what's my safelite story? 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(vo) discover more in the all-new subaru outback wilderness. love. it's what makes subaru, subaru. we could get a big change in covid treatment by the end of the week. the fda and cdc poised to give a green light for every american over the age of 18 to get a vaccine booster shot. what do we mean by that? right now here is the eligibility for booster shots in the united states. six months after a second pfizer or moderna shot for adults over 65. get a booster shot, they say. if you have a high infection and you're over 65 years of age, get a booster shot. all adults, the government says, should get a booster shot. the question is should they review this and just say all adults should get a booster shot as we head into the winter. add maine to this as well. these states have decided to get ahead of the government and say all adults should get the booster shot if you're eligible. let's talk to dr. ashish jha. dr. jha, thank you for your time. you see a number of governors saying i'm not going to wait for washington. is boosters for all the right approach? >> john, first of all, thanks for having me back. yes, it is. the data is really clear on this now. i think all adults six months out from their second shot, from their second moderna or pfizer shot, all adults benefit from a booster and i think it will make a really big difference as we head into the winter. i'm really happy to see the fda doing it. i think it's the right answer. >> so you mentioned the boosters for all, you think, is the right science. let's talk about where we are right now. number one, the vaccination rate in the country. we do see an increase in vaccines in recent days, dr. jha, but this is mostly kids ages 5 to 11, and the numbers are going up. if you look at the trends map, and we're in the middle of november, you see 22 states trending up, and if you'll notice most of them are in the northern half of the country where it's colder. only seven states reporting fewer covid infections this week than last week. we've been through this cycle before. yes, there are more vaccinations and better treatments, but how concerned should we be in the middle of this booster debate when you see so many states turning in the wrong direction? >> and we're heading into the holiday season where people will travel and spend more time together. i am worried about what the next six to eight weeks will bring. in my mind we know what to do to mitigate it. last winter it was a very different situation. this year we still have to work on getting people who are unvaccinated their first shot. we've got to continue to try to be careful. we are so close to the end of this kind of emergency phase of this pandemic, and watching people get infected and sick and die right now feels particularly tragic. >> i like the way you put that, near the end of the emergency phase of the pandemic. again, some of these case counts going up are not all that significant, but it's trending in the wrong direction. you mentioned a key point, there are a lot of people out there who say now, don't pay attention to cases. cases are going to go up sometimes, but with vaccinations, with better treatment, the metrics we should be paying closer attention to are hospitalizations and deaths. in that regard, if you look at a month ago, just shy of 60,000 americans hospitalized. a week ago it was 46,000 americans hospitalized. that number on tuesday jumped back up a little bit to 48,000. a plateau, perhaps a slight uptick in hospitalizations. is this a better way to judge sort of where we are? >> yeah, and here's what's happening. when you see cases rise among vaccinated people, breakthrough infections, they usually don't lead to hospitalization increases, and that's good. that's something we should pay attention to. but it's still the unvaccinated who are the most -- the vast majority of all the infections and those infections, of course, due to hospitalizations. we should be looking at all of it but obviously separating out what's happening to the vaccinated and the unvaccinated because they're having very different trajectories once that happens. >> thank you, dr. jha. appreciate it. >> thank you. when we come back, the jury in the rittenhouse trial has more questions from the judge. we'll bring you the latest after we'll bring you the latest after a quick break. 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. at fidelity, your dedicated advisor will work with you on a comprehensive wealth plan across your full financial picture. a plan with tax-smart investing strategies designed to help you keep more of what you earn. this is the planning effect. 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. (vo) buy your car online. love it or return it. with carvana. ♪ ♪ ♪ ♪ ♪ ♪ deposit, plan and pay with easy tools from chase. simplicity feels good. chase. make more of what's yours. i'll shoot you an estimate as soon as i get back to the office. hey, i can help you do that right now. high thryv! thryv? yep. i'm the all-in-one management software built for small business. high thryv! help me with scheduling? sure thing. up top. high thryv! payments? high thryv! promotions? high thryv! email marketing? almost there, hold on. wait for it. high thryv! manage my customer list? can do. will do. high thryv! post on social media? hash-tag high thryv my friend! get a free demo at thryv.com. more breaking news now in the trial of kyle rittenhouse in kenosha, wisconsin. now we're told two additional questions have been sent from the jury to judge schroeder. let's go to shimon prokupecz outside the courthouse. shimon, what do we know? >> reporter: that's right, two questions. we were just told by the pool reporter inside the court. it could be follow-up to what we were discussing earlier about the video. we're also told by the pool report that the attorneys are setting up video monitors for the jury to come down and watch the video. what video they want to see, we're still trying find out. obviously still a lot up in the air, but it looks like the process to have them view this video has now started. >> shimon prokupecz, grateful for the update. joining me in the studio, kim wehle. not unusual for the jury to want to watch more video. what is unusual is the judge, in addition to talking about the case, is he likes to respond and give too much information. this morning about the process he used, essentially putting all the jurors in a tumbler and letting the defendant pick out the jurors who make the final cut. too sensitive? unusual? >> very unusual to have the defendant be part of the process for deciding who the actual jurors will be, particularly in a criminal case of this high, profound nature. but i think this underscores, john, the nature of state-elected judges. we talked about voting a lot. does voting matter? if you care about our judges, go to the polls and vote on them. this is someone who does it by his way and we also know he didn't let the lawyers use the word victim, but it's okay to use things like rioters. these are really important, substantive questions, and the problem is it's creating a lot of potential holes for an appeal if he is convicted. >> the judge deciding that he wants to comment on things that have been said in the media about him during the actual trial, i've covered a lot of trials, it's been a while, but back in the day i covered a lot of trials, and i don't recall the judge want to go rebut what he sees as criticism. >> and in the old days, too, judges weren't in the news this way and it wasn't a 24/7 video, maybe for o.j. simpson. we saw many who watched the last big trial, of course, we can see the difference between good judging and not so good judging. when i say that, i don't mean to disparage this judge but the idea of neutrality, applying the facts, applying the law. just calling balls and strikes is the ideal judge. >> we'll continue watching in kenosha. thank you for being here. ana cabrera picks up on this very busy news day. have a good afternoon. hello, i'm ana cabrera in new york. we have a busy hour unfolding right now here in the newsroom. let's start with what's happening on capitol hill right now. a debate underway over rules to censure republican congressman paul gosar and strip him of his committee assignments over that video. he tweeted a little over a week ago appearing to depict him killing a fellow member of congress and attacking the president. cnn's lauren fox is on

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