i'm john berman, in for anderson. we will get to the men charged for killing ahmaud arbery in a moment but we begin with breaking news on a pair of legal cases that involve a violent right wing extremism in this country's recent history. first, in charlottesville, virginia, where a partial verdict was announced just hours ago in a civil case brought against some of those involved with that 2017 unite the right rally that left one woman, heather heyer, dead. in a moment, we'll hear reaction from her mother. first, though, cnn's elle reeve joins us now. elle, what can you tell us about the verdict? >> reporter: well, the jury was hung on the question of federal conspiracy charges relating to a law passed in the 1870s to fight the kkk but they did find these guys liable under a virginia conspiracy law. and that's really interesting because they -- the other defendants took great pains to say they never had any contact with james alex fields, who is convicted of first-degree murder for driving his car into a crowd and killing heather heyer. he is serving a life sentence. what it means is that the jury finds that, at least in some part, the leaders of the group who glamorized violence or planned for it at the event are, in some way, responsible for those who came to the event and participated in that violence. >> and, elle, i should note you were there that night. you were there in 2017. you are there now to see this jury's decision on this. and there is a lot of money at play. a lot of money. what can you tell us about that? >> reporter: there is. so, there are two parts of that -- of that weekend. there was a torch march, which had no permit. and there was a rally, which did have a permit. those who participated in the torch march are being held responsible for a lot more money than those that did not. another strange thing is that on the conspiracy charge -- and that's the one that hits all the defendants -- they've awarded very low numbers for compensatory damages. $1 or $0. but they awarded half a million or a million dollars in punitive damages. and the supreme court has held that the ratio between those two has to be a lot smaller, like at most, one to ten. and so, that means that the -- the judge will possibly have to lower that to -- from, you know, six figures to two or three. >> oh, that's interesting. so, this number could change. the total number is over $20 million now, but that number could be brought down substantially. which impacts, i suppose, my next question, elle, which is, is it likely this case, the outcome, will have what the plaintiff's side wanted here, which is to be a deterrent for white spupremacists organizing n the future? >> well, it clearly sends a message that for people who explicitly call for violence, there could be consequences if somebody is inspired by that to do it. most of the people involved in this case have quit organizing. richard spencer says he hates the alt-right and it hates him back. matt hoeinbach has been talking to me about the long-term consequences of this. during this trial, he got fired from mcdonald's because someone saw him on the news and figured out that he was a professional racist. so, yeah, a lot of these guys are out of the movement but the old money white nationalists behind the scenes who funded them and nur thured them, they weren't involved in this case and so they are sill out there. >> elle reeve as i said, you were there in 2017. you are there tonight. i imagine there will be more chapters in the future you will be covering as well. we appreciate the work you are doing on this. >> thank you. >> as we mentioned, one woman was killed during that 2017 rally. her name was heather heyer. a 32-year-old pay la legal. she was killed when one of the defendants drove his car into a crowd of counter-protestors. that man is now serving multiple life sentences. we are honored that heather's mother, susan, could join us tonight. susan, very nice to see you. we appreciate you being with us. when you heard what the jury decided today, what went through your mind? >> well, my first question was trying to understand why they were not convicted on -- on one and two and it took a while to parse out that that was federal related. but, yeah, i -- i was glad the jury was able to recognize that. i mean, even when the evidence seems very clear, you can't always determine what a jury is going to say or do. um, so i was glad they were able to recognize the preponderance of the evidence definitely showed the clients to be guilty and the evidence was their own words. that was the beauty of the case. that integrity for america spent a great deal of time finding the defendants' own words to use in the case. >> this partial verdict, and obviously the previous-criminal trial of james fields, jr., does this feel like enough accountability for you? is this what justice, in your mind, looks like? >> i guess. i don't know that we ever feel justice in a murder case. this is the first -- and god knows, i hope the only murder in my life. um, i don't know that you ever feel complete justice. but i -- i don't know what else could be done. i think that, um, this speaks volumes to trying to set things straight. >> trying to set things straight. what is it that you hope that people take away from the jury's decision today in terms of any larger message about what is and isn't acceptable in this country? >> well, the -- the defendants seem to want to argue that their speech was protected by first amendment rights. and i would say, speech is protected. action from that speech is not protected. so, when you speak and you, yourself, and others act on that speech, it is no longer protected. um, you know, it's funny because i've often said think before you speak. so, yeah, definitely in this case. >> what about healing and coming together? >> with who? i mean, those of us who were not doing the hate speech -- we're -- we're coming together, in the first place. and i would like to think that we could have a meeting of minds across dividing lines but i'm not hearing any form of repentance or sorriness from the defendants in the case. they spent most of the case kind of jovial -- jovially -- pardon my word -- jokingly presenting their evidence in their defense. and um, didn't show remorse. so, no, i have no interest in making amends with those people. >> no, and that's not what i was suggesting at all. i was just talking about -- believe me -- believe me and i hear you i hear what you are saying there. i was speaking more about the divisions that we are seeing day in and day out in society. and sort of, giving a sense of what is acceptable and not acceptable and this jury may have laid down a marker and said, this isn't right. that being said, i want you to talk about what is right. i want you to talk about your daughter, heather heyer, for us. just remind us who she was and what you want her legacy to be. >> well, first off, i need people to stop putting heather on a pedestal. she was a normal 32-year-old feisty woman. um, she had her rough edges just like anybody. and she was a random murder in a mass-car attack. she just happened to be the one that took the brunt force and it hit her aorta and her abdomen and bled out in four places. she was not assassinated. she was not a saint. she was a normal person. so, what i want you to take away from that is stand up and do the right thing. you don't know what kind of impact that will have. um, even now, four years later, i'm talking on cnn and after this, i'm -- be talking to some international press because the impact of that one small act has been felt around the world. but i also want to congratulate the -- the plaintiffs in this case and integrity for america. we were not privy to the trial -- heather, nor the foundation. but i strongly supported the case and am very proud of the plaintiffs for not buckling under pressure when questioned by the defendants who were acting as their own lawyers, particularly. from what i understand, they were antagonized and picked at a bit to try to make them break down or lash out and they did not do so, so i am very proud of them. >> susan brow, stand up and do the right thing. >> yes. >> as a message. that's the message i am getting from you tonight. i really do appreciate you being with us. i appreciate your words and your guidance through this. um, be well and we look forward to spaengin speaking to you aga. >> thank you so much. we also want to highlight the foundation you mentioned that you created to honor your daughter. you can find details at heatherheyer foundation.org. >> no -- >> sorry, go ahead. >> dot com. that was a mistake made when it was formed and we have just kept it's dot com, not dot org. >> we will fix it right now. we have it right on the screen. heatherheyerfoundation.com. dedicated to promoting positive social change and now, thank you very much susan. we are going to turn to the other case i mentioned involving right-wing extremists. more subpoenas released this afternoon from the select house committee investigating the january-6th riot. ryan nobles joins us from capitol hill with that story. so, ryan, these subpoenas not just to individuals but also to groups. what's going on here? >> yeah, that's right, john, the january 6th select committee wants information from these right-wing extremist groups that were pretty prominent during the violence and chaos here on january 6th. among them, the proud boys. their leader, henry henrico tarrio. the oath keepers. their leader. and then, this right-wing fringe group with a close association to qanon. the first amendment pertorian. robert patrick lewis is one of their leaders. this group apparently provided security for some of the speakers -- michael flynn, among them. some of the rallygoers on that day. and what the committee wants to find out is was there some sort of organized effort by any of these groups to do more than just come here and peacefully protest? did they have plans to break into the capitol and try and interrupt the democratic process? and then, taking it out even further -- were they instructed or encouraged to do so by some of the leaders of the american government at that time, incin including, the former president, perhaps his campaign or close associates. they want answers to those questions. of course, the big question is how cooperative with these groups or their leaders be? >> and, ryan, i understand you have some news tonight about bernard kerik. obviously, a high-profile trump and giuliani ally. he is responding to his subpoena. what is he saying? >> yeah, and this falls into that question -- under that question of cooperation. kerik, first of all, wants an apology from the january 6th select committee. he says they incorrectly identified him as being part of this group that met at the willard hotel on january 5th. he said that he was not at that meeting and he has the records to prove so. but he also said -- and this is perhaps more interesting than his plea for an apology -- is that he is ready and willing to cooperate with this investigation. that he is ready to hand over hundreds of pages of documents that he has. he wants time for he and his lawyers to go through them. redact what needs to be redacted. and then, offer up to the committee what he thinks is responsible. he is also willing to testify. he does want to do that in a public hearing. he doesn't want to do it behind closed doors. so, even though kerik is complaining about the way the committee is treating him, it is significant that he is willing to cooperate. the question is will the committee agree to his terms? which has been a big rub with them in many of their subpoena targets. >> we will see if he follows through. ryan nobles, thank you so much for that. just ahead, the latest on that third case we're watching. the fate of the men accused in the killing of an unarmed black man, ahmaud arbery, that is now in the hands of a jury. as we mentioned, the jurors just wrapped up their first day of deliberations. and late issue, energy secretary granholm on whether president biden's decision today to release oil from the strategic petroleum reserve can have any real impact on high prices. ♪ limu emu... & doug ♪ ♪ superpowers from a spider bite? i could use some help showing the world how liberty mutual customizes their car insurance so they only pay for what they need. (gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th ♪ ♪ you are my fire ♪ ♪ the one desire ♪ ♪ you are, you are, ♪ ♪ don't wanna hear you say... ♪ ♪ ♪ i want it that way ♪ start your day with crest 3d white and from mochaccinos to merlot, your smile will always be brilliant. crest 3d white brilliance. 100% stain removal, 24 hour stain resistance to lock in your whitest smile. crest. the #1 toothpaste brand in america. zero-commission trades for online u.s. stocks and etfs. and a commitment to get you the best price on every trade, which saved investors over $1.5 billion last year. that's decision tech. only from fidelity. the jury has just finished its first day of deliberations in the case of three white men charged in the death of an unarmed black man, ahmedaud arbery. they will continue tomorrow morning. sara sidner has details on how the prosecution closed its case one day after the defense sparked outrage. >> when three people chase an unarmed man in two pickup trucks with guns in order to violate his personal liberty, who gets to claim i'm not really responsible for that. under the law in georgia, no one gets to say that. >> reporter: the prosecution getting the last word in the murder trial of three men for the killing of ahmaud arbery. arbery was jogging in february of 2020 when he was chased down by gregory mcmichael, travis mcmichael, and william brian jr. in their trucks. the men's defense, they thought arbery committed burglary and they were planning to make a citizen's arrest. but travis mcmichael ended up shooting arbery to death. >> where is the empathy? how about don't bring a shotd gun with you? this is really easy. >> the prosecutor said the men didn't bother to wait for police. only making this 9-1-1 call, after they were chasing arbery for an alleged crime they never witnessed. >> i am out here. there is a black male running down the street. >> what's your emergency? there's a black man running down the street. >> reporter: it turned out, arbery had not committed a burglary. >> that he committed that burglary, they can chase him down. >> reporter: the burden is on the prosecution to prove the nine charges against each defendant beyond a reasonable doubt, including aggravated assault and murder. the defense interrupted the prosecution's argument several times. each time, calling for a mistrial over the prosecutor's interpretation of the law for the jury. >> a misstatement of the law. >> in closing arguments monday, the defense went after arbery's actions and his character. they referred to video taken of arbery wandering inside a home-construction site months before he was killed. >> he was a recurring nighttime intruder. >> reporter: one defense attorney went after the dead 25-year-old's appearance. >> in his khaki shorts with no socks to cover his long, dirty toenails. >> reporter: her comments caused gasps in the court, and arbery's mother wanda cooper jones rushed out of court in horror. the prosecution calling out the defense's move to disparage a victim. >> malign the victim. the victim's fault. i know you are not going to buy into that. it's offensive. >> and sara sidner joins us now. sara, we are always looking for some kind of signs from the jury room here. any indication about whether they would reach a verdict before this week wraps up? >> you know, the judge did ask the jurors today -- this evening, actually -- whether or not they were close to a verdict because he wanted to check to see how long they may stay or if they needed to go home. and initially, we heard for the first time from the foreperson in this case and what we heard was we are in the process of working to reach a verdict. and at first, the jurors did not indicate that they wanted to go home. and then, later on, about ten minutes later, the judge went ahead and dismissed them for the day. saying they will come back tomorrow morning at 8:30. but all indications are, at this point, that they are reach -- going towards reaching a verdict. meaning, that they are -- this is not perhaps a hung jury. um, and that they are going to be starting that work all over again tomorrow morning, bright and early. john. >> so that's interesting. the body language might be that they are moving ever closer to that moment. sara sidner, thank you so much. perspective now from criminal defense attorney sara azari and bakari sellers, attorney and cnn political commentator and author of the memoir "my vanishing country." sara, we played some of the rebuttal today. do you think the prosecution did what it needed to do? >> john, absolutely. this prosecutor gets an a plus from me all the way not just on rebuttal but throughout the course of this trial. the three things that really stood out to me that i found were very effective was, number one, the exorbitant amount of time she spent really sort of stripping away the entire defense. that there was no valid citizen's arrest. there was no immediate knowledge of a crime. there was no witnessing of a crime and arbery was not fleeing from a felony crime. and then, she went into the second part of the analysis, which is self-defense. arguing under the exceptions under georgia law that, you know, these guys were first aggressors. they provoked the incident by bringing two trucks and a gun and then, of course, their accompanying conduct. and of course, that they -- um, were committing felonies. those are exceptions to self-defense. so, she completely stripped away the defense. the next thing she did, john, that i thought was very effective is she rose above those despicable racist comments that the defense attorneys made. she used arbery's appearance that they used to vilify him, um, to show that he is not a threat. right? he -- she said, you know, he had these baggy shorts and so the defendants could see the waistband and they could clearly see he didn't have a weapon, he didn't have a gun. he didn't even have a cell phone or a wallet, right? so that was -- that was really clever on her part. and last, but not least, she circled back to the most basic piece of evidence, which was that 9-1-1 call that you just played. which is, um, what is the emergency? a black man running down the street. i mean, mic drop, right? this is -- this is really just -- sums up what this case is all about and what we've seen through this trial. >> bakari, talk more about that moment, if you will, because this was the 9-1-1 call that gregory mcmichael made and we heard him in sara sidner's piece say, there is a black man running down the street, unquote. so, how much did that encapsulate what the prosecution was trying to prove here? >> you know, i think this puts ahmaud arbery in the long list of individuals, whose names we call out often and that's the troublesome part about trying to separate race or racism from our system of jurisprudence in this country. i mean, look. my colleague just laid out all the facts that the prosecution laid out. but i think we would both agree that our stomachs in knots because we have seen the system fail black people before. we have seen this system fail people of color before. and what we saw in this prosecution, she laid it out perfectly. i mean, if you were to have a split screen between what the defense said and in talking about the color of or -- or his toenails, for example, or what he looked like or his appearance. versus, the prosecution's case where they simply said -- they played the 9-1-1 tape. and what's your emergency? you know, it's a black man running. i mean, so you look at these things in totally and you can't help but to, um, have some certain level of heartbreak for a system that doesn't benefit black people in this country. and i want to remind people that i have had this conversation, um, day in and day out. i was in columbia today for lunch and people were pulling me aside and they said, you know, this jury can't come back with a not-guilty verdict, can it? um, and i remind people often that, you know, you had not one but two prosecutors who actually saw this tape but kdeclined to initiate charges against these individuals. and so, i think that is the reason for hesitancy, although the prosecution has done a yeoman's job in putting together the best case they possibly could. >> bakari, talk a little more about that because i wasn't alt lunch at the chop house but i have had a lot of people ask me, essentially, why would the defense say those things about ahmaud arbery's toenails? why would she say something that offensive? and the answer has to be, to a degree, bakari, because she thinks it will work. >> i mean, there's no question. i mean, i think that most people see the inherent and -- and believe that inherent prejudice of black skin. i mean, that's the fact. i mean, you know, there is this -- there used to be an old legal doctrine, reasonable fear of the black man. and that's what this is. that's what this case is about. you -- you have a black man who is running down the street. there is an inherent fear that comes along with the color of his skin, and so that is why i believe she -- she did that. now, the question is -- i mean, when you look at the jury makeup, you look at the overwhelming number of white people who are on this jury. i mean, let's just be blunt about it. let's have an honest conversation about it and the question is will they come back with the verdict that we all believe is just? or will this system break our heart, again? i think that's the question. >> so, sara, sara sidner reporting on the conversation between the judge and the jury at the end of the day. that's pretty interesting. you don't normally get that kind of body language there. it seemed as if the jury saying, you know, we're getting there. what do you take away from that? >> well, look, john, i think the timeline is critical here. whenever juries get a case that is close to a weekend or a holiday, um, there's always a concern that they may not -- um, they may not carry out their civic duties as -- as they should and rush through the deliberations. i think they've -- you know, they are doing their best to get out of there. we have to remember, this thanksgiving is, you know, the first-big holiday coming out of the pandemic where we can be with friends and family. um, vaccinated and safe. and these jurors are human beings. they want to get back to their lives. they want to have their, you know, um, black friday and cybermonday. i think like bakari said, this is a -- this is not a very difficult analysis. you know, there is -- of course, there is extensive instructions. lesser, as to roddy bryan. but there is not the rittenhouse type of, you know, deliberation. and yet, you know, there is this concern about the -- um -- this -- this -- the belief system of these jurors. and are -- are they at all struggling? are they looking at this as like the boogieman who invaded this community and these guys were heroes? um, you know, keeping the community safe and black free? or are they actually going to take the time and -- and apply the law to the facts and reach the correct verdict? um, but i think, you know, thanksgiving. i think, you know, it's possible we get a verdict tomorrow. but -- but i can't read the tea leaves. i never can. >> sara azari. bakari sellers -- >> let me just say, john, real quick, don't ever try to predict what a jury is going to do. they are a jury of your peers and we know 12 people are as inconsistent and as unpredictable as we could possibly imagine so they may be here for a long time or may be here till breakfast tomorrow. >> noted. well, we look forward to speaking to you both, again, when we do get a verdict. thank you. so, we have a tragic update to report on sunday's deadly suv crash in wisconsin. also, more of what investigators are learning about the events that turned a christmas parade into a nightmare for that small town. we've been waiting all year to come together. happy holidays from lexus. get $1,500 lease cash toward a 2022 rx 350. feel stuck with student loan debt? 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>> reporter: not long after, ryder says he saw police going up and down the street and felt it had to do with brooks. so, he told him to leave. moments later -- >> my i.d. my i.d. >> so i am looking for his i.d. and moments late, the -- the police see him and get him in cuffs. i had no idea. the uber showed up maybe a minute after he was in cuffs is all. so i just think about sometimes if he had gotten in that car, what could have happened. >> reporter: before allegedly driving his car through the parade, police say brooks was involved in a domestic disturbance earlier sunday. he has a criminal history going back to the '90s. but in july 2020, he was accused of firing a handgun during an argument. in february this year, he was released on bail. less than nine months later, he allegedly ran over a woman who claims she is the mother of his child with his car. nine days later, he was released on just $1,000 bail. less than two weeks before the christmas parade. the milwaukee county district attorney's office called that bail amount inappropriately low. authorities say brooks also had an outstanding arrest warrant in an unrelated case in nevada where he is a registered sex offender. meanwhile, a community is trying to heal. mourning the six that were killed and processing loved ones that nearly added to the toll. >> and omar jimenez joins us now. omar, i understand you have some new information about one of the injured? >> reporter: yeah, john, as we understand, a firefighter's son who was marching with his high school band during the waukesha christmas parade has just been released from the icu. but there is still a long road to recovery there as the statement that was released said that he had to go under -- or that he had to undergo surgery for a broken femur. that he -- they are also monitoring other injuries as well as potentially going to have to place a chest drainage tube on him, as well. along with, as i mentioned, monitoring for more complications. so a long road to recovery. and is the reality for the over 60 people who survived this but still have a long way to go before any semblance of normal, either physically or, of course, emotionally. john. >> i was going to say, there are the physical wounds but the emotional ones, as well. omar jimenez, thank you so much for being there. president biden took a rare step today that he says will help lower gas prices. but will it make a difference and when? what energy secretary jennifer granholm told me, next. ♪ ♪it's a most unusual day♪ ♪feel like throwing my worries away♪ ♪as an old native-born californian would say♪ ♪it's a most unusual day♪ ♪it's a most unusual sky♪ ♪not a sign of a cloud passing by♪ ♪if my heart won't behave in the usual way♪ experience the power of sanctuary at the lincoln wish list event. with growing concern over inflation, president biden announced a rare step this afternoon to try to lower gas prices. the president said the energy department will tap into five 50 million barrels from the nation's strategic petroleum reserve. the move was made jointly with other oil-consuming countries including china and india, as oil-rich nations continue to ignore requests to increase production to pre-pandemic levels. but president biden says it will take time to see a change in prices. >> our combined actions will not solve the problem of high gas prices overnight. it will make a difference. it will take time but before long, you should see the price of gas drop where you fill up your tank. >> so, i spoke about the move earlier with energy secretary jennifer granholm. >> secretary granholm, thanks so much for joining us. >> so what sort of tangible impact, tangible savings can americans expect to see at the gas pumps from this move by president biden? >> well, john, as you know, this is a question of supply and demand. so, it -- the release of 50 million, um, barrels of oil is the most significant exchange of oil that we have done in this country. um, part of the pricing has already been figured in because you have seen public reporting about this for a couple weeks. a lot of speculation. so you have seen, already, a bit of a drop in the price per barrel of oil. the question is when can people see it at the pump? and that's probably going to happen over the next few weeks. um, it won't be all at once because the supply will not be released all at once. people have to bid on it. but it will be throughout december and then the releases will occur into january. so, it'll be over the course of the next period of time, couple of months, that it will be phased in. >> so as you know, there are those that say the u.s. tapping into the strategic petroleum reserve is a short-term band-aid and has to do with optics for the administration. an administration that has been having difficulties at least in the polls, right? there is a recent "washington post"/abc news poll that said a majority of americans believe the president has accomplished not much or nothing at all. so, what do you say to that? >> well, first of all, the president has accomplished a lot and i can go through the litany of how gdp growth, job creation has been -- job creation has been the most of any president in history in the first year of a presidency. the drop in unemployment benefits, et cetera. i mean, the raise in wages. but -- but separate from that, i mean, this -- this is a short-term solution. that is true. it is not intended to be a long-term solution. it's intended to correct the supply and demand mismatch in the market right now. so, as more production comes online after covid, then you will see, obviously, the supply coming up to where the demand is. that hasn't happened fully yet and that's why this mechanism of doing this exchange of the strate strategic petroleum reserve is to be able to mesh supply and demand over the next shorter period of time. ove over the next few months. >> in terms of short-term relief, what about maybe pressuring states to reduce some of their gas taxes or even a temporary reduction in the federal gas tax? >> well, it's -- it's certainly a tool. it's tool that states have. it's -- it's a tool in the president's toolbox, as well. there is a lot of consideration there. obviously, most gas taxes go toward funding the repair of roads. we have just signed a big infrastructure bill. you don't want to take away what's already happened. but really, the -- the big issue, longer term, john, is the investment in clean energy. we have got to invest in the sources of energy that will get us off of these volatile fossil fuels and that will help to obviously address climate change and put people to work and that's really what the bipartisan infrastructure bill law is -- was all about. it's what the climate components of the build back better agenda are all about. we have to invest in the clean energy unstructure in order we don't end up in this place, again. >> i get that is the administration's goal. but in the short-term, look, it's possible prices could go up again. would you encourage or are you encouraging then an increase in production -- domestic production? an increase in pumping? an increase in maybe drilling? >> yes. yes. yes. yes. we are. we're -- we're asking those who are producers to increase so that we have a supply that meets the demand. unfortunately, right now, john -- i mean, for example, there are 23 million acres of public lands on and offshore that have been leased by the oil and gas companies that are not being drilled upon. there are 9,500 permits that have been issued for pumping that have not been acted upon. they're just sitting there, stockpiled. so, we want -- we want to see greater production. the number of employees hired in the oil and gas industry are not even close to the level they were pre-covid. the number of rigs are -- are down hundreds of rigs less than what -- what existed before covid. so we want to see more production, both domestically as well as internationally in this so that we can relieve people's pain at the pump. and know that this is a transition and invest in the -- in the longer-term solutions, which is, of course, on the clean energy side. >> energy secretary, jennifer g granholm, thank you for your time. >> i hope you have a great thanksgiving, john, thanks. >> up next, reports of a toxic work environment on capitol hill. who is making the claims? and who they say is to blame, in a moment. ey customize my car insurance, so i only pay for what i need. how about a throwback? you got it. ♪ liberty, liberty - liberty, liberty ♪ uh, i'll settle for something i can dance to. ♪ liberty, liberty, liberty, liberty ♪ ♪ ♪ only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ ♪ ♪ you are my fire ♪ ♪ the one desire ♪ ♪ you are, you are, ♪ ♪ don't wanna hear you say... ♪ ♪ ♪ i want it that way ♪ to be a thriver with metastatic breast cancer means asking for what we want. and need. and we need more time. so, we want kisqali. women are living longer than ever before with kisqali when taken with an aromatase inhibitor or fulvestrant in postmenopausal women with hr+, her2- metastatic breast cancer. kisqali is a pill that's significantly more effective at delaying disease progression versus an aromatase inhibitor or fulvestrant alone. kisqali can cause lung problems, or an abnormal heartbeat, which can lead to death. it can cause serious skin reactions, liver problems, and low white blood cell counts that may result in severe infections. tell your doctor right away if you have new or worsening symptoms, including breathing problems, cough, chest pain, a change in your heartbeat, dizziness, yellowing of the skin or eyes, dark urine, tiredness, loss of appetite, abdomen pain, bleeding, bruising, fever, chills or other symptoms of an infection, a severe or worsening rash, are or plan to become pregnant, or breastfeeding. avoid grapefruit during treatment. ask your doctor about living longer with kisqali. 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. tonight an unsettling new report about what it's like to work on capitol hill and what that means for getting anything done for the people, you, who want things to get done. the report from our lauren fox details a toxic work environment wrought with bitter heated exchanges, threats against them and their families, and worry about the erosion of decorum. lauren fox joins us now. also with us, maggie haberman, washington correspondent for the "new york times" and a cnn political analyst. so lauren, you spoke with more than a dozen members, democrats and republicans. what are they saying and what are they saying is to blame for this? >> well, many of the democrats who i talked to pointed directly to january 6th, john, as the moment that everything really started to change and shift on capitol hill. that's not to say that there weren't tense moments before that. that's not to say that president trump's presidency was easy on the house of representatives and the decorum there. but one member, sherry bustos, who is not running for re-election because she said things have become way too toxic to require her to come back to washington for another term, she told me that specifically after that day it wasn't just the fact that there was an attack on her workplace but the fact that that evening when they came back into the chamber to certify a free and fair election there were more than 130 of her colleagues who voted not to certify that election. and she said that really changed the dynamics. that really changed the game on capitol hill. now, there are some republicans who blame democratic leaders for the toxic environment saying that the metal detectors at the front door, the requirements to wear masks are just far too much. but a lot of democrats say it is the fact that we have colleagues who continue to talk about the big lie. >> the big lie, january 6th, maggie, which all gets back to the former president, donald trump. so what extent does this environment help him control the republican party in congress? >> well, look, donald trump governs by fear and always has governed by fear. and to the extent that you have republicans who are looking not just to him as somebody who is their leader but also looking at a common enemy in their view in democrats, and trump has certainly stoked that, that is in his -- to his benefit and in his favor and it is something that he prefers. he wants republicans to look at democrats as their enemy. and i do think lauren makes a point, that you do hear a lot of complaints from republicans that the atmosphere is just toxic across the board now, it is no longer just republicans. but there are these threats that democratic lawmakers in particular are facing and that is part of why the climate is so bad. donald trump is very good and has been historically, john, at throwing gasoline on a fire. not tamping it down. and i think that's what you're seeing here. >> it's interesting, you say donald trump wants republicans to see democrats as the enemy, lauren. but your reporting also points out that there are some, you know, party on party fighting here. republican on republican threats and danger here. what are you hearing along those lines? we know about liz cheney and adam kinzinger, but are there more? >> well, it's about how you talk to your colleagues and it's about how you talk publicly about your colleagues. you know, i asked one democrat, representative stephanie murphy, who is a moderate from the state of florida, about what she thought of a toxic work environment, and i apologized and said i don't know if toxic is too strong of a word. she said no, toxic is the perfect word. she then said there's plenty of dem on dem violence. and she talked a little about this fight that the democratic party has been in for the last month or two months now on capitol hill as they've tried to pass both the bipartisan infrastructure bill and that larger social safety net bill. eventually, they were successful in those pursuits. but there was a lot of of pain sort of along the way and she said she felt like the way her colleagues were talking publicly really crossed a line. and of course that's not the same thing as what happened on january 6th. we're not making that comparison at all. it's just generally about the attitude and the decorum up here on capitol hill. there is a feeling that people aren't polite, john, and that might seem small but it's a huge deal when you talk about how legislators who are supposed to be examples in this country conduct themselves. >> look, we just want them to do their jobs, whatever it takes to get the job done. maggie, i want to ask you about another bit of reporting here. we learned that the republican national committee is paying some of the former president's personal legal bills, not having to do with the presidency per se. what's going on here? i do want to remind people that this guy is a billionaire, right? >> it's pretty extraordinary, john. this is reporting by two reporters of the "washington post." it's a terrific story. and they found, unearthed in filings i believe that the republican national committee has been paying for lawyers representing donald trump in this investigation in new york, which is a state investigation that has nothing to do with his time as president and everything to do with his business practices. now, yes, donald trump will make the argument that he was investigated because he was president. i don't think he was investigated because he was president. but i do think things came to light that might not have otherwise because he was president. regardless, it's not clear how any of this relates to party duties or activities. you know, his argument would be and his folks' argument has always been he's raised a ton of money for them. but this is really unheard of that you would have something like this for a former president in general and somebody who is thinking of running again and somebody who's under investigation just separately. >> lauren fox, maggie haberman, thank you both. eye missouri man spent 43 years in prison for a triple murder he says he didn't commit. what a judge said about the case today. next. ♪ ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ do you take aspirin? 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just imagine me someplace festive no, no, don't make it weird. a missouri man is free tonight after spending 43 years in prison for a triple murder he says he didn't commit. today a judge set aside the conviction of 62-year-old kevin strickland. the judge said there was no evidence tying strickland to the 1978 crime, only witness testimony from the sole survivor of the shooting who later recanted her account, saying she made a mistake. when strickland left prison he told reporters he didn't think this day would come. according to the national registry of exoneration strickland's release makes his confinement the longest wrongful imprisonment in missouri history and one of the longest in the nation. the news continues. so let's head over to chris for "cuomo prime time." all right, john, appreciate it. i'm chris cuomo. welcome to "prime time." the arbery murder case now in the hands of the jury. we have a special guest tonight, one of the lead defense attorneys as the nation awaits this verdict. his name is kevin gough. you know him. you know him from this show. you know him from all his appearances now on television during the trial. he became controversial with what he said about black pastors and worrying about them being in the courtroom of this trial for the killing of an unarmed black

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