the courtroom, he tried again today, and again today, the judge denied his motion. that's what's happening inside the courthouse. outside, a large group of prominent faith leaders gathered to support the arbery family ahead of a planned march this afternoon. cnn's martin savidge is in brunswick. a lot happening on both sides of that courthouse door. what's the latest? >> reporter: yeah. you're right about that, victor. in fact, as you could hear him probably, see behind us, the demonstration that's taking place, the rally in support of ahmaud arbery's family and yes, a lot of black pastors have shown up in response to the words of defense attorney kevin goff. as to what happened today in testimony, so, day two, of course, travis mcmichael, the man who killed ahmaud arbery, that's without question, we saw it on tape, it was the prosecution that was going after, as you pointed out, the inconsistencies that he has made on two very specific points. one, he was admitting on the witness stand and cross-examination that, no, they never did tell ahmaud arbery, as they were pursuing him through the neighborhood with their guns, that they were attempting to make a citizen's arrest. and then the other, more dramatic moment, came when it was linda that asked, well, wait a minute, you told police just hours after killing ahmaud arbery that you weren't really sure if he grabbed the gun, yet on the witness stand yesterday, you said ahmaud arbery grabbed your gun. that is a huge problem for the defense. here's the moment. >> detective specifically asked you, do you remember if he grabbed the shotgun at all? and your response was, i want to say he did, but honestly, i cannot remember. i mean, we were -- me and him were face-to-face the entire time. do you remember saying that? >> yes, and i was trying to think at that exact moment, trying to give, like i said, trying to give him as much detail as possible under the stress of all this going on. it was obvious that he had the gun from what i was saying in here, rereading it, he had the weapon the way that i was describing it. but why i said he did not have the fun at that second, i don't know why. but yeah, i mean, that's what i said. i want to say he did but i honestly cannot remember. >> reporter: i cannot remember if he grabbed the gun. that is a horrible response to give when the whole premise of your defense is self-defense and that he was trying to take the weapon away from you, which has been alleged by the defense team here. so, a very big moment for the prosecution. the testimony lasted about another 45 minutes after that. now we're on to people in the neighborhood. victor? >> yeah, one of several big moments in the testimony today. martin savidge for us in brunswick. let's bring in cnn senior legal analyst and former prosecutor elie honig. i said several big moments today in court. this prosecutor, how'd she do? >> victor, that was really a devastating, surgical cross-examination. as martin just pointed out, she cut out one of the main theories of the defense, this idea that ahmaud arbery had grabbed the barrel of the gun. she pointed out that travis mcmichael had said to the police, shortly after the incident, that he wasn't sure. he didn't remember. that is a devastating admission and it totally undermines travis mcmichael's credibility and as to the other key point, who was the initial aggressor here? the prosecutor, there was no fireworks, but she was meticulous and got travis mcmichael to admit piece by piece, he never showed you a weapon, you did not believe he was armed, he ran away from you, he was not a threat and it became, i think, quite clear to the jury that the initial aggressor here was travis mcmichael and the other two defendants. >> let's listen to a moment where the prosecutor pointed out the different choices that travis mcmichael could have made. >> you could have easily stepped back to your pickup truck and watched him keep going, right? so you're telling this jury that a man who has spent five minutes running away from you, you're now thinking is somehow going to want to continue to engage with you, someone with a shotgun, and your father, a man who's just said, stop or i'll blow your [ bleep ] head off by trying to get in their truck? >> that's what it shows, yes, ma'am. >> professor, i think one of the things that came out today was that travis mcmichael had kind of worked himself up in his own mind to such a panic that he was connecting imaginary dots or connecting dots that can't necessarily be connected, and so when he saw ahmaud arbery running, he was worked up in a panic and thought that he was somehow in jeopardy. what were your thoughts as you heard all of that? >> exactly. and the dots that he is connecting are the fact that he believes that black people have a presumption of dangerousness, have a presumption of criminality, and you don't get those dots otherwise. and so, to see a black man running, unarmed, in the eyes of travis mcmichael, that was a criminal. that was someone engaged, somehow, in some sort of dangerous behavior that needed to be hunted down with not just one but two pickup trucks and a 12 gauge shotgun and three men. and so those are the dots that travis mcmichael is connecting. >> professor, let me stay with you. the prosecutor also introduced some facebook postings from the neighborhood group in which they talked about crime that had happened in the neighborhood. control room, this is number 2, in which they talk about his codefendant here, greg mcmichael, his father. let's listen. >> all right. she said, we have had a lot of trouble with thieves. it's just worries me because my daddy is slap old crazy, lol, he's old as dirt and doesn't care about jail and you responded, that's what this world needs more of, my old man is the same way. >> i did say, yes, ma'am. >> and then, the next line is, you said, hell, i'm getting that way. >> i did say that. >> she said, have to make an example out of somebody. you said, that's right, hope y'all catch the vermin, correct? >> i did. >> value of that in making this case to the jury? >> that's powerful. and there is research that jennifer eberhardt, a psychologist at stanford university, does on basically the sentiment that generates in these sort of neighborhood chat groups and here you have a community in which they're not accustomed to seeing black people, even black people jogging, and i really want to emphasize that ahmaud was doing absolutely nothing unlawful and he was unarmed, so these are connections that the mcmichaels and their neighbor, brian, and it sounds like already, based on some of the testimony the defense has put on, that this was a common sentiment in this neighborhood. this is powerful contextual information for the state to put on to advance their case and their theory. >> elie, you and i were talking earlier about the citizens arrest law, which is archaic and has now, i think, been outlawed as a result of this trial but at the time was in effect but one of the tenets is that you have to have witnessed someone committing a crime, and they don't have that here, am i right? >> exactly, i alisyn. one of the key things in this case is presumption. the d.a. said, they made assumptions. and that is not enough, under this law, which, yes, alisyn, has now been largely repealed but the defendants were relying on it, it was in effect at the time. it says a person has to witness a crime, be in the immediate vicinity of a crime or have reasonable cause to think a felony was committed but just seeing a young black man jogging and knowing that a couple weeks ago there were break-ins, that is not enough. that is not close, in my view, under that law so i think the defense is going to fail on that count. >> elie honig, alexis hoag, thank you both. breaking news, president joe biden is meeting with canadian prime minister justin trudeau at the white house right now. let's take a look. >> canadian so they definitely have health coverage. >> there you go. all right. >> we're good. >> it's great to welcome back the prime minister. we have been good friend for a while. but it's great to have him here in the white house. we have had a lot of meetings around the country, around the world. we have been with each other, what, half a dozen times almost so far. >> it's been a busy year. >> and you know, i know we're both keeping our minds close to the families affected by the storms in the british columbia area and the pacific northwest. but one of the things we've spent time on is on our global agenda, climate change. we've spent a lot of time dealing with that, and we are on the same page as to the need for us to move on it and get the rest of the world to move. and since our first bilateral meeting back in february, we've met in venues around the world, getting covid-19 under control, trying to deal with the next pandemic, be prepared for it, as well as meeting infrastructure needs across the developing world. we see an opportunity not only to enhance the prospects of a better life for people around the world, but we can do it by a build back better world build back better effort that we can provide for the health needs as well. we're contributing a significant amount of vaccines, no strings attached, and we're also think we can -- we should be building back in a more significant, more environmentally friendly way. we're meeting infrastructure needs, as i said. we're driving an inclusive economic recovery together as two nations and meeting the climate crisis and standing up for democratic values, and so we spend a lot of time at the g7, the g20, the cop26, and i think we both think we're at our best when opportunity, equity, and justice all coincide, and the core values of canadians and the united states, and so this is one of the easiest relationships that you can have as an american president. all the best. >> thank you, mr. president. thank you, joe. it's been a busy year. it is a pleasure to be back here in washington with you, but as you say, we have had the virtual bilat. we've had many, many encounters at all sorts of different international fora, where we have been strongly aligned on environment, on fighting covid and getting through this pandemic, preparing for future challenges. but also on building back better, recovering our economies in ways that work for the middle class, people working hard to join it in a way that is inclusive and fair, and we've got a lot of work to continue to do. the easy work is done here at home. the hard work around the world, making sure we're bringing people along, and that's something that we're always great partners on. [ speaking foreign language ] >> i'm really looking forward to this, so thank you, joe. >> mr. president, can i ask you a question about your tax incentives for electric vehicles that would be assembled in the united states? the canadian government says that would be a violation of the new trade agreement we just signed. are you going to consider a carveout for canada given our industries are so integrated? >> we're going to talk about that to some extent. >> so are you confirming it? >> mr. president -- >> changes for canada? >> i said we're going to talk about that. we haven't even passed yet through the house. we're about to see that move, and we don't know what will happen in the senate but there's a lot of complicating factors. we're going to talk at length about it, i'm sure. >> sir, do you support a diplomatic boycott of the beijing olympics? >> something we're considering. >> what about -- >> the answer is, i don't know, and i don't know what we're going to be dealing with, quite frankly, when it comes out of legislation, so we'll talk about it then. >> mr. president, mr. president. >> thank you, thank you, thank you. >> thank you, guys. thank you. >> okay. let's bring in cnn chief white house correspondent kaitlan collins. she joins us now. kaitlan, let's start with some of the headlines that have already come out of this. the president was just asked about the beijing olympics, and whether or not he was considering a boycott. what did he say? >> yeah, he said that that is something they're considering. it doesn't sound like president biden has made a final judgment on that, but that is something that we are told is a policy option that was presented to the president. it is something that he has been considering. and this would be a diplomatic boycott so no government officials would be going to those olympics in february, in beijing. of course, this comes on the heels of that three-and-a-half hour conversation that he had with the chinese president here virtually at the white house on monday night. and you have seen democrats on capitol hill say that this is something they believe the white house should pursue because it should be a protest of the human rights abuses that you have seen happen in china, something that the president and his aides say that he did bring up during that conversation with xi jinping on monday night but it wouldn't be a full boycott like some republicans have called on. that would be one, of course, that would have no athletes from the united states going to the olympics. that does not seem to be something that is under consideration but it doesn't appear they have made a final decision on this. we are told by sources that's the direction that the president is leaning in. >> the president said they will get into some discussions about trade issues with canada, so what is the president hoping to accomplish in these meetings with the prime minister of canada? also, the mexican president. >> reporter: yeah, well, that provision there that the president was asked about is this buy american provision that the canadian prime minister has voiced issues with, saying he has problems with that, so no clear resolve on that issue, where they're going with that. it seems to be something they are going to be talking about this afternoon, and we should remind people this is a meeting that the president is having with the canadian prime minister who's going to be going and meeting with the mexican president after this, and then all three of them are going to sit down together later this afternoon. that's the first time in five years that you have seen actually the three north american leaders get together in the same room. these are typically summits that you would see happen every single year. obvious, it is something that was on a pause during the trump administration amid some tensions between trump and his two neighbors. it is something that was also paused because of the covid-19 pandemic and now they are getting back together and there are a lot of topics on the agenda, not just the ones that you saw the president and the prime minister being asked about there, but also energy, covid-19, climate change, and of course migration is a big one so there are a lot of topics going on. we should note, though, we will see president biden again in those two events, just like where you saw reporters go in the room briefly. there will not be a formal press conference, though typically they've had those at the last eight of these summits. >> kaitlan collins, thank you. breaking news. the fbi says iranian hackers targeted the 2020 u.s. elections to sow chaos. we have the details ahead. and the judge in the kyle rittenhouse trial boots a major network from covering the proceedings. we'll tell you which one and why. that's next. this is the sound of nature breathing. and this is the sound of better breathing. fasenra is a different kind of asthma medication. it's not a steroid or inhaler. fasenra is an add-on treatment for asthma driven by eosinophils. it's one maintenance dose every 8 weeks. it helps prevent asthma attacks, improve breathing, and lower use of oral steroids. nearly 7 out of 10 adults with asthma may have elevated eosinophils. fasenra is designed to target and remove them. fasenra is not a rescue medication or for other eosinophilic conditions. fasenra may cause allergic reactions. get help right away if you have swelling of your face, mouth, and tongue, or trouble breathing. don't stop your asthma treatments unless your doctor tells you to. tell your doctor if you have a parasitic infection or your asthma worsens. headache and sore throat may occur. this is the sound of fasenra. ask your doctor about fasenra. ♪ fresh flavors... classic dishes... ♪ and a new seat at the table. ♪ what's strong with me? what's strong with me? what's strong with me? what's strong with me? with me! with me! what's strong with me? with me! with me. ray loves vacations. but his diabetes never seemed to take one. everything felt like a 'no'. everything. but then ray went from no to know. with freestyle libre 2, now he knows his glucose levels when he needs to. and... when he wants to. so ray... can be ray. take the mystery out of your glucose levels, and lower your a1c. now you know. try it for free. visit freestylelibre.us these are the faces of listerine. the face of millions of germs zapped in seconds. the face of clean. the face of whoa! some are of intensity, others joy. all are of... various: ahhh... listerine. feel the whoa! up to one million dollars. that's how much university of phoenix is committing to create 400 scholarships this month alone. because we believe everybody deserves a chance. see what scholarships you may qualify for at phoenix.edu it is day three of jury deliberations in the kyle rittenhouse trial, and the judge just announced that he is barring msnbc from the building for the duration of the case. >> so, this stems from the arrest of a person allegedly trying to take photos of jurors. cnn's shimon prokupecz is outside the courthouse in kenosha. what happened? >> reporter: the judge came in, we were all waiting around this morning, the jury's been deliberating around five hours or so. the judge came in, said there was an incident last night, says that the police told him that a freelance producer, an employee of msnbc, was following the jury van, the vehicle that transports the jury, and the police say that they believe this person was trying to take photos of the jurors, and as a result, the judge says that he is banning msnbc from the courtroom, and really, the entire building. the police issuing a statement in a tweet saying that they issued a citation, that they were investigating this, and they believe -- they believe that the person was trying to take photos. they say -- there you see in the statement that the person was trying to photograph jurors. this incident is being investigated much further. nbc released a statement just a short time ago where they say they are obviously cooperating, but they deny that this person was trying to take photos. what they say is that last night, a freelancer received a traffic citation while the traffic violation took place near the jury van, the freelancer never contacted or intended to contact the jurors during deliberations and never photographed or intended to photograph them. they say they regret the incident and will fully cooperate with the authorities. the judge calling this a very significant incident and an extremely serious matter that he is referring to proper authorities. but obviously, taking a major step in banning msnbc from the courtroom. as for the jury, we have not heard anything from them. they have been deliberating since about 9:00 a.m. this morning, and so far, nothing from them. >> interesting to hear everything that's going on outside of the courthouse while they continue to deliberate. >> that's right. >> shimon, come back to us. >> reporter: it's very cold. >> we can see that. you are doing good work out there, shimon. thank you. come back to us if you have anything. all right, breaking news, cnn has new reporting now that iranian cyber actors have targeted the 2020 elections in the u.s. to undermine voter confidence and sow discord. >> in response, the treasury department slapped sanctions on six iranian individuals and one company. cnn's senior justice correspondent evan perez joins us now. evan, what have you learned? >> reporter: alisyn and victor, this is an episode that happened, according to the justice department, back in october, and according to this indictment against two iranians who the justice department says were well-known hackers working for the iranian government, what they were doing was, first, they went after some state voter infrastructure, were able to get the data on thousands of voters, and then after that, they prepared a couple of different efforts, which were intended to sow disinformation, to sow doubt about the u.s. election. again, this is about a month before the u.s. presidential election last year in 2020. one of them -- one of the efforts had to do with a video that appeared to show people hacking, and again, it was used to show that it was coming from the group, the proud boys. of course, who are supporters of former president trump. a second effort involved emails that were being sent to people, again, making threats, again, under the name -- purporting to come from the proud boys. these were things that, according to the justice department, were meant to intimidate voters, were meant to sow disinformation, and sow doubt about the u.s. election on behalf of the iranian government. of course, we know that there were efforts done according to u.s. intelligence agencies, by the russians, in support of former president trump. we also know that there were some efforts by the chinese to collect information at around the same time. this iranian effort, though, is the first time we've heard these details, again, associated with the group -- this effort by the -- that was purported to be from the proud boys. as you mentioned, as part of this, the treasury department also announced sanctions against six people, including these two hackers, just an extraordinary picture of what was going on last year before the u.s. election, guys. >> okay, evan perez, thank you for all that. just one day after gop congressman paul gosar sentured and stripped of his committee assignments, house minority leader kevin mccarthy vows retribution if his party takes back the house next year. lots going on. here's what else to watch today. 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. ray loves vacations. but his diabetes never seemed to take one. everything felt like a 'no'. everything. but then ray went from no to know. with freestyle libre 2, now he knows his glucose levels when he needs to. and... when he wants to. so ray... can be ray. take the mystery out of your glucose levels, and lower your a1c. now you know. try it for free. visit freestylelibre.us your shipping manager left to “find themself.” leaving you lost. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire kevin! kevin? kevin. oh nice. kevin, where are you? kevin?!?!? hey, what's going on? i'm right here! i was busy cashbacking for the holidays with chase freedom unlimited. i'm gonna cashback on a gingerbread house! oooh, it's got little people inside! and a snowglobe. oh, i wished i lived in there. you know i can't believe you lost another kevin. it's a holiday tradition! that it is! earn big time with chase freedom unlimited. how do you cashback? chase. make more of what's yours. - san francisco can have criminal justice reform and public safety. but district attorney chesa boudin is failing on both. - the safety of san francisco is dependent upon chesa being recalled as soon as possible. - i didn't support the newsom recall but this is different. - chesa takes a very radical perspective and approach to criminal justice reform, which is having a negative impact on communities of color. - i never in a million years thought that my son, let alone any six-year-old, would be gunned down in the streets of san francisco and not get any justice. - chesa's failure has resulted in increase in crime against asian americans. - the da's office is in complete turmoil at this point. - for chesa boudin to intervene in so many cases is both bad management and dangerous for the city of san francisco. - we are for criminal justice reform. chesa's not it. recall chesa boudin now. conservative media mogul rupert murdoch is sending a public message to former president trump. move on. murdoch, whose family controls fox's parent company, said this at the news corp. shareholders meeting. >> here it is. he said, the current american political debate is profound. it is crucial that conservatives play an active, forceful role in that debate, but that will not happen if president trump stays focused on the past. the past is the past, and the country is now in a contest to define the future. >> okay, let's talk about this and more with olivia troye, an advisor to former vice president mike pence. olivia, great to see you. i want to be very clear. this was to news corps. there's no marching orders like this at fox, i'm certain. rupert murdoch goes along with whatever gets ratings so fox can be as fawning with president trump as they have been and want to be. this is not some sort of edict that he's issuing and as we know, they are -- if he throws his hat in the ring in 2024, they will be all in for him and olivia, i want to talk to you about something that bill maher has brought up that i think a lot of people have been concerned about and that is if president trump gets into the race again in 2024, whether he wins or loses, he will say he won, and you know, then what? so, listen to what bill maher said. >> the republican party, as much as i keep hearing about, oh, trump, he's not as relevant anymore, trust me, he's going to run. absolutely. he's going to get the nomination. and i certainly wouldn't be surprised if he just won the election. but even if he doesn't win the election, he will say he won the election. there is no doubt that he will say he won. >> so, olivia, then what? what will republicans do that time? are there -- will there be guardrails in 2024 to stop that kind of steal? >> well, we haven't seen any guardrails to date, right? we've got basically two unwavering people who believe in the truth and that's adam kinzinger and liz cheney and they have pretty much been ousted by the republican party. it's definitely what we've seen going on in wyoming with liz cheney most recently. so i don't think that the republicans will do anything to take a stand against this. i think that they will accept, you know, their sentencing, so to speak, because they have all enabled this moment, possibly, to happen again. >> well, let's talk about that. you bring up the vote in wyoming to not even recognize liz cheney as a republican. that happened this week. we've heard now from the head of the rnc, asked, is liz cheney still considered a republican? here's what she said. >> do you still consider liz cheney a republican? >> you know, the wyoming gop took their actions. obviously, she's still a republican. she's a republican in the conference. she's still got an -- >> inside the tent. >> yeah. i wish she was talking about electing ours more, but yeah. >> this is the conflict that the party is going to see trying to -- her job to get more republicans elected but also this fealty to following through with the former president's vendettas. what do you see here, this fight between the state party, the national party, on even if a conservative congresswoman is considered a republican? >> look, i think the struggle is real. they understand that the base of the republican party right now is trumpism, and they cannot win elections without drawing that base. and so i think for any candidate, and especially the rnc right now, the republican national committee, they're going to have to figure out how to cater to that base and to try to figure out a path forward that includes others, like people like youngkin who recently won an election in a more, you know, measured way. but let's be honest. youngkin also ran on a platform of lying about certain aspects, such as critical race theory, so to speak, which we know was a baseless, baseless thing, but it worked to his benefit. >> olivia, what did you think of congressman paul gosar being censured yesterday in the house of representatives? do you think that will curtail any sort of inflammatory rhetoric or violent imagery? >> no, i don't think so. we only had two republicans, again, liz cheney, and adam kinzinger, vote in favor of it. they voted to hold this person accountable for threats against a sitting president of our country and threats against other members of our -- of the congressional leadership here. i mean, the leaders of our country. and so, i think as long as they continue, the republicans continue to allow for these types of actions to take place and they turn a blind eye to it, they don't hold these people accountable, this will continue going forward, and this is a very -- it's a dangerous trend. these are the leaders of our country, and what is it saying to the rest of -- what is it saying to americans that threats against others in the workplace, is that okay? i think that this is something that is fundamentally still ongoing, and i don't see an end to it any time soon. and look, the ongoing disinformation by kevin mccarthy, that he, again, exhibited yesterday in that speech is just certainly appalling and i think it's, you know, it shows where the republican party is right now in terms of what they have decided to adopt as their platform. >> and mccarthy's out again today talking about potential retribution. let's listen to that. >> this isn't about threats. but it's about holding people accountable. i think the majority is going to have to approve any of those members on the committees of which they could serve. so yes, we hold our members to a high standard. it's interesting to me how the democrats want rules for thee but not for me. that's not right. and we'll change that when we're in the majority. >> what do you think about that, the potentially, you know, he's threatening there that he will go after some of the members of congress that he mentioned in his remarks yesterday. >> but you know, the bullying and the intimidation continues here. in the republican party. you've got what happened in terms of the -- the republicans that voted for the infrastructure bill, a bill that would benefit their communities, and what happens? they get threatened by members of their own party and they get death threats to them and their families. this is sort of the -- this is the environment that kevin mccarthy, as the leader of the republican party right now on the hill, has cultivated and embraced, and so, you know, i see kevin mccarthy sort of playing the double standard here, going forward, and i am concerned about what it would mean if they do come back into power and kevin mccarthy is in charge of giving out committee assignments and things like that and what will it mean for the environment there for these congressional people who are, you know, serving their districts in an environment that right now is full of bullying, intimidation, and threats. >> yeah. olivia troye, always good to have your perspective. thank you. >> thanks for having me. steve bannon is back in court today after pleading not guilty to criminal contempt of congress charges. up next, new details on former president trump aide's legal strategy and what we know about the judge in this case. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! 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(sigh) ...on tonal. ♪ former trump advisor steve bannon made his first virtual appearance before the federal judge who will oversee his contempt of congress case. the former trump advisor pleaded not guilty. he was indicted for refusing to testify in front of the january 6th house committee. today, his lawyers made it clear they plan to slow walk this case. >> cnn justice correspondent jessica schneider is in washington. so, jessica, how'd they make that clear, that they're going to slow walk this? >> reporter: they asked for a lot more time here, victor and alisyn, and the clash between bannon's lawyers and government lawyers because of that is already emerging, so bannon's lawyers, they want their own chance to investigate bannon's decision to defy that congressional subpoena. they say that this process could take a while to play out but lawyers for the u.s. attorney's office, they told the judge that this was a straightforward case that shouldn't be delayed. ultimately, the judge here took the middle ground. he ordered the parties to meet and discuss how this case will proceed. he set another court date relatively quickly for december 7th and already the government is handing over grand jury testimony that bannon's team can review. but really, today's hearing, it demonstrates at least one strategy for bannon's legal team here. they want to drag out this process. and guys, they also say that the arguments that we're going to hear on executive privilege at the appeals court in d.c. on november 30th, they say that will factor into their case. bannon's lawyers telling the judge that there are complex constitutional issues at play. the attorneys for the government here argue instead these are just charges about bannon not showing up when he was subpoenaed and that it should be a simple matter. so, this could all be a preview of the fireworks we could see in the coming weeks. the justice department wanting this to be a quick criminal proceeding, bannon's attorneys might make that difficult with their demands here. they want to talk to witnesses who might help the case. they also want more documents from congress and the executive branch, and you know, vishlgt a victor and alisyn, this case is all unfolding before a federal judge who was appointed in 2019 by then president trump. judge carl nichols was actually a government lawyer during george w. bush's presidency. he actually pushed for sweeping arguments in favor of shielding an ex-presidential advisor from congressional testimony. but of course, it's important to note, that was his stance in his capacity as a lawyer, and guys, as a judge, so far, in at least this first appearance, he does appear to be playing it right down the middle. they will be back in court december 7th. alisyn and victor? >> all right, moving pretty quickly there. jessica schneider, thank you. okay, closing arguments are under way in the federal civil trial for organizers of that 2017 deadly unite the right rally. we are live in charlottesville with an update next. there you go. all-american club™? did you just turn us into subway® ads? yep! subways got so much new like the new turkey cali fresh, that they couldn't fit it in their ads. so, they bought space on your jerseys. go long italian b.m.t.® it's the season of smiling. and at aspen dental, we make it easy to gift yourself the smile you deserve. new patients, start today with a full exam and x-rays, with no obligation. if you don't have insurance, it's free. plus everyone saves 20% on their treatment plan with flexible payment solutions for every budget. we're here making smiles shine bright so you can start the new year feelin' alright. call 1-800-aspendental or book today at aspendental.com ♪ ♪ cases of anxiety in young adults are rising as experts warn of the effects on well-being caused by the pandemic. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ so you have diabetes, here are some easy rules... no sugar. no pizza. no foods you love. stressed? 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>> reporter: a little bit to unravel here. one of the defense attorneys, james kowanich, he's the one that represents dave kessler. he's the one that got the permit for the rally. he started out his closings by acknowledging the plaintiffs, talked about how brave they were, the extent of their injuries. but basically said at the end of the day, the plaintiff's attorneys did not do their part to say that there was a conspiracy to commit violence here. he said the only thing they did prove was that the defendants agreed to get together for a fist fight. he went on to say, quote, the fact is these guys knew each other, they talked to each other, and they say all kinds of things, ridiculous things, and believe all kinds of ridiculous things, not even ridiculous, offensive, deeply offensive, even dangerous things, but none of that proves a conspiracy. then right after that, victor, then you had a different defense attorney get up there, there are a number of different defense attorneys during the closings, and james fields basically said there was a conspiracy for a p unite the right rally. they told jurors over the course of this three and a half-week trial that they presented overwhelming evidence that showed a conspiracy. they showed text messages, they showed social media posts. karen dunn, one of the plaintiff's attorneys, she reminded jurors of a text message between chris cantwell, he's a neo-nazi, and richard spencer, a white nationalist. the text message said the following from cantwell. i'm willing to risk a lot from our cause including violence and incarc incarceration. i want to coordinate and make sure it is worth it for our cause. now, at the end of the day here, jurors have to consider a preponderance of evidence. so basically what that means is jurors have to ask themselves, is there a 51% chance or greater that they heard enough evidence to convict these defendants on these particular types of charges. and so that gives them a lot of wiggle room here, just 51% leaves the door really wide open here. guys, back to you. >> yeah, a lot of important trials going on right now that the country is watching. jason carroll, thank you for the important announcement from charlottesville. we have breaking news. more than half a century after the assassination of civil rights leader malcolm x, two men accused in his killing have been exonerated. we're live outside that courthouse. the new sensodyne repair and protect with deep repair has the science to show that the toothpaste goes deep inside the exposed dentin to help repair sensitive teeth. my patients are able to have that quality of life back. i recommend sensodyne repair and protect with deep repair. i didn't realize my dna could tell me if i had a higher chance for type 2 diabetes. so when my 23andme report said i did, it was a wakeup call. this season give the most meaningful gift for just $99. ray loves vacations. but his diabetes never seemed to take one. everything felt like a 'no'. everything. but then ray went from no to know. with freestyle libre 2, now he knows his glucose levels when he needs to. and... when he wants to. so ray... can be ray. take the mystery out of your glucose levels, and lower your a1c. now you know. try it for free. visit freestylelibre.us 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? 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