Transcripts For CNN Cuomo Prime Time 20240709 : comparemela.

Transcripts For CNN Cuomo Prime Time 20240709



now, that was a suggestion that many took to have a racial bent, and the prosecution seized on it today in their closing argument. >> the defendants never, ever said citizen's arrest. they never said we're making an arrest. they never said they saw him commit a crime. so ladies and gentlemen, where in the world did the citizen's arrest thing come from? because it didn't come from the defendants on february 3rd, 2020. did ahmaud arbery commit an offense in the presence of any of these defendants? the answer to that is no. boom. citizen's arrest is gone. 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? they know what they did. and they know why they did it. it's not a mystery to them. when you come back with your guilty verdict, all you're doing is telling them we know what you did too. >> and they know why they did it. how large will that question loom in the jurors' minds? how difficult is this case for them? nine counts for each of these three defendants. 27, right? they have to deliberate on. travis and greg mcmichael, william roddie bryan. also remember this. no matter what happens in this trial, the men are facing federal charges as well including hate crimes. so double jeopardy doesn't apply, even if they are acquitted. that federal case may go forward. now, the counsel with us tonight represents bryan, who helped trap arbery with his vehicle in february 2020 according to authorities before travis mcmichael shot him. he provided key evidence, did roddie bryan, in this trial and on this show, recording the killing on his cell phone. listen to what he told us on this program right before he was charged in may of last year. >> your decision to videotape this may be what makes all the difference in the administration of justice in this case. are you aware of that? >> yes, sir. if it wasn't a tape then we wouldn't know what happened. or y'all wouldn't -- >> and how do you feel about that? >> i would. i hope that it in the end brings justice to the family. >> well, a video may very well help bring justice to the arbery family. now, counselor gough argued in court his client was only armed with that cell phone, he didn't know arbery was going to be shot. but the prosecution made the case for why it thinks bryan is just as guilty as the others. >> but for his actions, would ahmaud still be alive? if he had not helped to stop ahmaud with his silverado, would ahmaud still be alive? and the answer is yes, he would have been. mr. bryan played a substantial and necessary part in causing his death. he is responsible for the murder of ahmaud arbery. >> let's bring in the counselor for william "roddie" bryan, kevin gough. counselor, thank you for joining us. >> glad to be here, chris. how are you doing? >> better than i deserve. why do you believe that the jury should not hold your client as responsible as the other two men? >> well, you know, i don't really want to get into the details or try and summarize an hour and 45-minute closing argument. but you know, the question here is when did roddie bryan know that the mcmichaels were armed? when did roddie bryan know that they intended to shoot mr. arbery? and at that point what could mr. bryan have done about it? those were the three questions that i asked repeatedly. and we're still waiting for answers on that. >> how do you expect them to get around the georgia law that every person concerned in the commission of a crime is party thereto, meaning even if you don't have the gun, even if you don't pull the trigger, if you're part of what turns into a homicide you are just as responsible as everybody else? >> well, and that's exactly what a good prosecutor would say and what a good prosecutor would argue. and i think we can agree that the arbery family in this case is represented by some very capable attorneys from the cobb county district attorney's office. but at the same time, chris, given your legal background i'm sure you appreciate that the parties to the crime statute, particularly the one in georgia, in this situation would require that roddie intentionally helped them commit the crime. and he didn't do that. and that's what the evidence shows. at the time of the shooting, as i've said many times, roddie bryan was a witness to the shooting, and indeed he is the witness to the shooting and it's his video that will allow this jury to try and sort out what justice means in this case between the arbery family and the mcmichaels. i've said all along that's not for me to decide, that's not for roddie bryan to decide. that's above our pay grade. we've got 12 jurors here. we've got a great diverse, very thoughtful attentive jury. you've been watching them during the trial i'm sure. they've been taking notes. they've been very diligent. they've now got the evidence and they're going to deliberate. they're going to continue tomorrow. and you know, all we can do is hope and pray that they reach a true verdict. and i think that's all we can hope for from our criminal justice system and from these 12 fine men and women of glynn county. >> you've got three problems. one, he was in one of the vehicles that was trying to stop arbery. it becomes what you and i know as a chain of battery. that he became part of the behavior that wound up leading up to the shooting. we'll see what the jury thinks about that. one thing that you know, and i just want to make sure that the audience understands, the arbery family doesn't have any lawyers in that courtroom. this isn't the arbery family against the -- >> the arbery family is the most well-lawyered family in america right now. >> hold on. counselor -- >> i don't know where you get that idea -- >> counselor. this case is the prosecution on behalf of the people. this is a crime against the community. this isn't about arberys versus mcmichael. this is arbery as a victim and the crime is against the state. the crime is against the community. the crime is against the law. >> hold on, chris. hold on now. you've been watching the same trial i have. there are three very, very capable lawyers from the cobb county district attorney's office sitting there at counsel table. linda dunikoski has lit the courtroom on fire every opportunity she gets. paul orisa. they have all done an outstanding job. and that's just the three in front of the courtroom. maybe you've not been to cobb county. cobb county has an incredible district attorney's office. it's deep. it's well staffed. it's well funded. >> and -- >> these people are here and they mean business. >> but i'm not there just for the arberys. >> they're incredibly well represented. >> i can't believe you're saying this. i really can't. >> you can't believe what? that i'm standing up and acknowledging -- >> the prosecution -- >> -- that the cobb county d.a.'s office has done a good job in this case? >> that's not what you said. what you said is the arbery family has great lawyers. this isn't about just the arberys. this is about the whole community that was wronged when the laws were broken and someone was killed illegally. >> in this case the cobb county district attorney's office represents the victim and their family in this case. and they are well represented. >> they represent the people and they are advocates for the rights of the victim. you know that and i feel like that takes me to my third point. which is why are you trying to make this so intensely personal about ahmaud arbery? why bring up black pastors and their presence in what you know is a public accommodation, being in this courtroom and that you don't have a say in who comes and who doesn't come and observe? why make that point? why do you think about pastors in terms of black and white? >> i don't think of pastors in terms of black and white. and let's be clear. if you were in that courtroom, sitting in my chair, representing roddie bryan, you'd be doing exactly the same thing. >> no, i wouldn't. >> so if it helps -- if it helps you to make that point, you can -- but if you were sitting there you'd not doing the exact same thing. >> no, i wouldn't. you don't even have a right to do it. >> as would any defense lawyer in america. >> no, they wouldn't. to say you can't be in the gallery? >> really? >> to say i don't want black people in the gallery? >> based on the law -- i'm sorry. i didn't say that. we have no problem with black people being in the gallery. never did. never will. >> black pastors. >> do the homework. >> black pastors? >> millions of americans across this country are looking to you to understand these proceedings. why don't you take the time and actually help them? why don't you read the motions? why don't you read the supreme court cases from the united states supreme court that we cited? why don't you -- >> that say that people -- >> why the opinion of supreme court justices -- >> counsel. >> -- doesn't matter in this cause? because we think it does. >> counselor, saying a lot is not the same as saying something that matters. you can flood the zone. the interview doesn't end. >> we can agree on that. >> what i'm saying is this. there is no supreme court case that says you can make a determination of who can be in the gallery watching the trial on the basis of race. you and i both know that. you said black pastors -- >> what i said -- >> you confused jesse jackson with al sharpton. and it seemed at a minimum a fit of ignorance and at maximum you making a race play in this trial. were you not doing that? >> chris, you can call me -- you can call me ignorant. you can call me anything you want. but i'm here representing roddie bryan and i'm going to defend my client to the best of my ability and i don't really care whether the people in the cheap seats like it or not. i'm here for one person and that's roddie bryan. that's my job. and i know you respect that. and i'm sorry that we disagree on this issue. but i'm not going to back down from insisting that roddie bryan receives a fair trial. and we have a judge who's working very hard to ensure that. the cobb county d.a.'s office is working very hard to ensure that. we have a sheriff here who's working very hard to ensure -- to make the best of a difficult situation. and i hope that you can appreciate all that effort. i'm pretty sure the arbery family appreciates those efforts to ensure that their son receives a fair trial. and i hope everyone can appreciate that. >> any victim of a crime is supposed to get this kind of representation. the arberys just getting what's due to somebody in this situation. and the judge felt no differently about what you said about black pastors than i'm presenting to you right now. and i'm not calling you ignorant. i'm saying the statement was. there's a difference. but counselor, i appreciate you. >> krilchris, let me put it to this way. if every time a police officer is killed we're going to allow the police department to stack the courtroom with uniformed police officers i think you'd agree that that would be inappropriate. >> i also would -- i don't know that it would be inappropriate but i know it's not an analogy. having black pastors there to support the family i don't think is going to have a chilling effect on a jury. nor should it. but counselor, i've got to go. i appreciate you taking the time. >> we can respectfully disagree. thank you for your time. >> it's the only way to disagree is respectfully. thank you for coming on the show. kevin gough. that's the counsel for roddie bryan. now, what i want to do is let's talk to somebody else who understands the game of litigation very well. another criminal defense lawyer. what does he think of counsel's arguments? what does he think of this point? and then we'll get to the real business. what is going to happen here? does he believe this will be a quick deliberation? walking up on me. might as well shake his hand. joey jackson, everybody, when we come back. financial picture. a plan with tax-smart investing strategies designed to help you keep more of what you earn. this is the planning effect. do you take aspirin? plain aspirin could be hurting your stomach. new vazalore is the first liquid-filled aspirin capsule clinically shown to cause fewer ulcers than plain aspirin. vazalore is designed to help protect... releasing aspirin after it leaves your stomach... where it is absorbed to give you the benefits of life saving aspirin... to help prevent another heart attack or stroke. heart protection with your stomach in mind. try new liquid-filled vazalore. aspirin made amazing! >> man: what's my safelite story? my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me... with service i could trust. right, girl? 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ask your health care provider today about once-weekly ozempic®. oh, oh, oh, ozempic®! you may pay as little as $25 for a 3-month prescription. hard questions. what do you think? is the arbery murder trial a tough call for the jury? they've got to sort through a number of interlocking charges. you just heard counsel there, kevin gough, the attorney for william "roddie" bryan. could his client's fate be different from the father and son who initiated the chase? do you think any of them could go free? let's ask an expert, joey jackson. i said it the other night but i say it twice because i mean it. i'm thankful for you. >> thank you, chris. >> you are a gift on and off camera. >> i appreciate that. thankful for you too. >> let's go in reverse. what you heard from counsel. what's your take on the moves he's made here? >> i think it's a little troubling. look, i get -- as an attorney you have an obligation to zealously represent your client. but i think you also have an obligation to understand the facts and understand the law. on the issue of the law it's not about what happens outside the courtroom that's relevant. it's not about what's happening inside the gallery that's relevant. it's about -- or anywhere in that courtroom other than the witness stand. he knows and understands that the jury will be instructed on that issue. not going to consider sympathy. not going to consider punishment. not going to consider what happens outside, who's wearing what shirt, who's whatever color. consider what the witnesses say. consider what video you see. consider the evidence that comes out. and as an officer of the court you have to know and understand that. and i get he's defending his client. there's a way to do it. i think that surpasses it and i don't think it's appropriate. and for him to suggest to you hey, if you were in my seat you'd do the same thing. i certainly wouldn't. and i just think i'm a little disappointed -- >> he's saying supreme court cases we quoted, we cited the cases, there's authority. when has the supreme court ever said that you can make determinations about who can be in the gallery on the basis of race? >> not to my knowledge. the supreme court says you deserve a fair trial. that fair trial certainly is something that everyone's entitled to. i don't know that the fact that jesse jackson is present or al sharpton is present or anyone else would deny your client a fair trial. i don't know that anyone protesting outside or otherwise expressing prayer or being in a vigil or anything else would deny your client a fair trial. it's you that has the obligation as the attorney to do the trial and on that notion why not make an opening statement with respect to your theory after the case? why not after every witness testifies say to those witnesses you know my client, you represented this case, didn't you? you are an investigator and you were aware that roddie bryan didn't see a gun, he didn't know that travis had a gun, he didn't know that greg mcmichael had a rifle, et cetera, he just followed along after the fact and in fact he cooperated after the fact. what am i saying? i'm saying you give your client a fair trial not by focusing on what the pastors do but by focusing on your job. by having a theory. by attacking witnesses. by eliciting evidence that would be sympathetic to your client for the jury, not by extraneous facts that have no relevance. and that's my point. >> and like a very good defense attorney you left out a bad fact, which is when he was in that car he was part of trying to stop ahmaud arbery. and does that for the jury put him into the mix in a way where he loses the benefit of he you nao what was going to happen or didn't know because he helped start it? >> so i think there's a lot of bad facts for the defense, without question. and i think that all of them -- >> all of them equally? you think all three will be -- >> i do. >> -- convicted? not equal charges but all convicted? >> yes. and here's why i do. and i say this objectively. not as a matter of the -- >> we don't know. it's hard to read. >> always is. jurors are going to do their job. but what is my concern if i'm the defense? number one, the citizen's arrest law. the citizen's arrest law speaks to the crime. what crime was committed that you can pointmitted in your presence? what did you have immediate knowledge of? don't talk to me about burglaries in october, boats and ships and what happened weeks before. that day did you have any evidence that ahmaud arbery was doing anything, much less a felony? so that would concern me because if you don't implicate and use that statute then how do you justify detaining him, stopping him and otherwise killing him? if you don't have that, then you don't have self-defense. but here's another thing that should concern them greatly. what should concern them is the issue of self-defense. if you're the initial aggressor, you don't get the benefit. if you're engaging in a felony like aggravated assault, like false imprisonment, you don't get the benefit of self-defense. and in the event you're provoking because you're pointing a rifle, you don't get that benefit. so that concerns me. last point. and that is on the issue of roddie bryan, he's not similarly situated. he's in a different place. i think in my view everyone does things differently. chris, no one has a monopoly on wisdom. but if you're going to attack and say he's not similar to the other two and you're going to attack the mcmichaels, do that. make that your theory from the outset. raise doubt on that issue. don't wait for your closing statement, waive your opening statement and not cross-examine on the basis of your theory. i think if that were done there could be a different outcome. and there could still be a different outcome. but i just think not enough was done to raise the specter of doubt as to any of those defendants. i see a verdict tomorrow. >> well, i'll tell you what. that will make sense if for no other reason, what you just said, as cogent as it all was, thanksgiving's coming. and people want to get home, get this off their plate so they can have something else on their plate. and i'm not saying that out of disrespect. it's just human nature. people want to get on it with their lives, even the jury. >> tomorrow is not friday but it's friday. it's a holiday. christopher. >> i'm thank. for you. joey jackson. the oao, the one and only. it is thanksgiving eve. i'm taking advantage of it. it's my favorite holiday. the only one i care about. on the religious side i like easter. but for these types of occasions nothing beats thanksgiving. many count their blessings. i go bigger than that. i'm thank. for all of of it, the good, the bad, the ugly. why? a lot of reasons. but the one that matters most? it was cemented to me by the life example of our next guest, one of the most special people i have come acrokcross this world. the bird is back and she ain't no turkey. nightbirde is here. the "america's got talent" superstar. she left that competition to take on a much more important one against cancer. she's got a big update. i just want to see her face, i want to hear her words, and i know you do too. next. as a dj, i know all about customization. that's why i love liberty mutual. they 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 ♪ (tiger) this is the dimension of imagination. ♪ we strip in the community garden. i've been stripping here for years. i strip before take-off. breathe right strips open your nose for relief you can feel right away, helping you take in air more easily, wherever you are. we have to be able to repair the enamel on a daily basis. with pronamel repair toothpaste, we can help actively repair enamel in its weakened state. it's innovative. my go to toothpaste is going to be pronamel repair. ♪ baby got back by sir mix-a-lot ♪ unlimited cashback match... only from discover. switching wireless carriers is easy with xfinity. just lean on our helpful switch squad to help you save with xfinity mobile. they can help break up with your current carrier for you and transfer your info to your new phone. giving you a fast and easy experience that can save you hundreds a year on your wireless bill. visit your nearest xfinity store and see how the switch squad can help you switch and save. it's the xfinity black friday sales event. learn how to save up to $1000 on select phones by visitng your local xfinity store today. you can't wait until life isn't hard anymore before you decide to be happy. wow. people say a lot of things, but few walk the walk like our next guest. you know her and i know her as nightbirde. now, you'll remember, she's the courageous woman who while battling cancer went to audition for "america's got talent" earlier this year and all alone she did it. not only did she do it, not only was she impressive, she earned the golden buzzer from simon cowell for her performance. watch. ♪ it's okay, it's okay, it's okay it's okay ♪ ♪ if you're lost we're all lost and it's all right ♪ ♪ oh, oh, oh ♪ ♪ it's all right to be lost sometimes ♪ >> your voice is stunning. >> mm-hmm. it is. >> absolutely stunning. and i totally agree with what howie said, you know, about authenticity. there was something about that song, the way you just almost casually told us what you're going through. you know -- >> you can't wait until life isn't hard anymore before you decide to be happy. [ cheers and applause ] >> i'm not going to give you a yes. i'm going to give you something else. [ cheers and applause ] >> now, i have to tell you, everybody loses it when they see that moment. my phone is blowing up right now when people heard that nightbirde is on. i've got to tell you, that's not the moment that gets me when it comes to this young lady. it is all about -- the moment that gets me is every time i talk to her and i hear in her voice how much fight there is. no matter what she's against. she left that competition to fight cancer. and that's why she's an inspiration to me and to so many millions around the world. her words hit like a heart punch. powerful truth about finding the resolve to fight no matter what you're against. she wrote recently, "i'm not sure if i know how to fight for my life, but i do know how to open my eyes in the morning and that's not nothing. i don't know exactly what it sounds like when god talks but i recently started remembering my name because i heard myself whisper jane, you're so loved." indeed she is. and for all the right reasons. and she joins us now. there she is. hello, nightbirde. >> hi, chris. it's so good to be here. it's good to see you. >> so what do you want them to know? how are we doing, kid? >> well, you know what? i wish we'd get a faster miracle but it's happening slow little by little, day by day. i'm getting a little better. i did get a scan result back and a bunch of stuff that was there has now disappeared. and a bunch of the really big stuff has gone down in size. so we're on the way. >> how do you feel about it all? >> my goodness. it's a lot to process. the highest highs and the lowest lows of my life all happening at the same time. and all this playing out in front of millions of people is really -- it's a lot to -- it's a lot to carry but it's also such an honor because the whole world is carrying their own -- the whole world is carrying their own weight and we've got to learn how to do this together. >> are you comfortable enough with the struggle to continue to dare to dream about what happens next? >> yeah. yeah. i think life sometimes is a game of choose your pain. so the pain of continuing or the pain of giving up. so the pain of continuing, there's a lot more uncertainty that way but i think the pain of giving up is so much worse. >> you said, you wrote about dreams of singing to the whole world at once. you said, "this is the dream. i'm in it. it's happening now." how so? >> well, i -- it's funny because i've dreamed about singing my entire life, you know. and i dreamed about growing up and dazzling the world and being this amazing singer and being so beautiful and confident and brave and all of that. and i didn't think that it would play out this way. i think a lot of us don't realize that we're in the middle of a dream come true because life is so imperfect and there's so much hard stuff and unfair stuff mixed in. sometimes we don't recognize that our dreams are happening and miracles are happening. and the miracle that i wanted is that i could skip the pain. you know? that this would go away, you know, super fast. or maybe, you know, that it wouldn't have happened at all. and i didn't get that miracle. not yet. but there's a hundred other miracles. and if i only take the ones that taste sweet i won't get any miracles at all. so i'm grateful for what i have. >> well, you should have tasting whatever you can because you need to gain weight. that's what i talk to you about most of the time. that's how simple my medical practice is. keep eating. what does thanksgiving mean for you this year? >> well, every year that i get to gather around the table with people that i love, it's such an honor and a gift. i shouldn't -- i should not be alive right now based on the usual statistics. so every year when this time comes around it's special for the whole family. >> have you gotten used to how heavy a truth that is? right? everybody talks about life and death over the most trivial things. that is totally normal. and for you to say i'm not supposed to be alive right now is a 100% accurate statement. >> yeah. >> how do you deal with that emotionally? >> hmm. well, i think every moment that we breathe is a miracle and a gift. most people don't know what a joy it is to wake up in the morning without pain because they just experienced, you know, maybe a normal life. but those like me who face death on a day-to-day basis, sometimes i think we're the luckier ones because we get to really see the sweetness of life and the miracle it is to love and be loved and to dream and to have the chance at a future. i don't know if i'll ever get used to the weight of that or -- i don't know if i'll ever -- i don't know if it will ever become casual to me again, just to live. >> you've got big things happening. i am compromised because i know things and i can't say things. but that's on you. but you are writing and you are planning on putting together what really will be a magnum opus. you know, every songwriter and singer has their whole life to do their first album and then you'll probably get like four months to do your second one. but you are working on what you hope is really the collection of songs you've always wanted to write. how's the writing? and how strong is the voice? >> i am so proud of everything i'm writing right now. again, pain can be a gift because it really, really drives you to deep places to dig for gold. sometimes you've got to dig really, really deep for gold. and that's what i've been doing. i'm really proud of the stuff that i'm working on. and the voice is getting there. today i actually sang a lot. and even though it's not up to 100%, i'm just so happy to be singing. i could not stop smiling today. >> i love it. i love it. i love all of it. i love the way you approach the struggle. i look forward to talking to you. i love checking in with you. and i love what you mean to this audience and every audience that's lucky enough to be exposed to what you're about. your art but also the art that you put into your everyday life. you're a special kid. i tell you that all the time because i mean it. and i am thankful for you, nightbirde. i will speak to you on thanksgiving, i'm sure. but i am thankful for you and that you've been a gift to my audience of perspective. thank you. >> well, thank you. it's amazing to share this with the world and with your audience. i'm honored. >> the honor is mine to be sure. and you have big news coming for people, and i can't wait for you to break it. and i will be with you in spirit and in body all along the way. have a happy thanksgiving. i'll talk to you soon. >> you too. bye. >> nightbirde. we'll be right back. news on a story that's no longer in the headlines but you can't forget. brian laundrie, even in death he took something away from the family of gabby petito. the opportunity for answers. a florida medical examiner did confirm, though, that laundrie shot himself in the head. that's how he died. gabby's family is now left without any good options for piecing together the chain of events and decisions that robbed them of the 22-year-old long island, new york native. they're left with fractions. little bits of moments. partial understanding. their daughter crying in the back of a police car in utah. intersperses with snapshots that she shared with the world on social media and she and brian documented during their cross-country van trip. in a statement the petito family says it's been asked not to make any comments because the fbi is still investigating and the u.s. attorney's office has not determined if anyone will be charged. now, we'll have to see if that investigation can go any further and if there are any clues in the evidence found like a notebook that was near brian laundrie's body. or if the obvious evolves into a reality, which is laundrie's parents. what do they know about what happened to gabby petito? the idea that their son said nothing to them is almost incredible at this point. why else would they have gone quiet on the petito family? why else would they not speak to authorities? today's announcement answers one final question, but it leaves many more unanswerable. now, to the harsh realities of this world, let's cast our eyes above to the possibilities of the great beyond. there's a spacecraft that's going to be launched tonight on a collision course with an asteroid. i know, i saw the movie too. but this is the real deal, man. it's the first ever mission. something right out of sci-fi. but it's all too real. and i have the man who can explain it better than anybody. here he is. he's such a big deal he's got three names. neil degrasse tyson. next. >> ready for you. so you can enjoy more of...this. this is the planning effect. ♪ ♪ ♪day to night to morning,♪ ♪keep with me in the moment♪ ♪i'd let you had i known it, why don't you say so?♪ ♪didn't even notice, no punches left to roll with♪ ♪you got to keep me focused, you want it, say so♪ ♪day to night to morning,♪ ♪keep with me in the moment♪ new cheetos boneless wings exclusively at applebee's for a limited time. woman: i have moderate to severe plaque psoriasis. now, there's skyrizi. ♪ things are getting clearer ♪ ♪ yeah i feel free ♪ ♪ to bare my skin, yeah that's all me. ♪ ♪ nothing and me go hand in hand ♪ ♪ nothing on my skin that's my new plan. ♪ ♪ nothing is everything. ♪ woman: keep your skin clearer with skyrizi. most who achieved 90% clearer skin at 4 months had lasting clearance through 1 year. in another study, most people had 90% clearer skin at 3 years. and skyrizi is 4 doses a year, after 2 starter doses. ♪ it's my moment so i just gotta say ♪ ♪ nothing is everything. ♪ skyrizi may increase your risk of infections and lower your ability to fight them. before treatment, your doctor should check you for infections and tuberculosis. tell your doctor if you have an infection or symptoms, such as fevers, sweats, chills, muscle aches, or coughs or if you plan to or recently received a vaccine. ♪ nothing is everything. ♪ woman: talk to your dermatologist about skyrizi. learn how abbvie could help you save. sustainability is essential to creating a better tomorrow. that's why cisco is committed to achieving net zero emissions by 2040. and we believe our smart buildings solutions can help. providing power to reduce emissions, intelligence to eliminate waste, and collaboration tools that help the workplace and the planet. between meeting human needs and a sustainable future, there's a bridge. cisco, the bridge to possible. the best things america makes are the things america makes out here. the history she writes in her clear blue skies. the legends she births on hometown fields. and the future she promises. when we made grand wagoneer, proudly assembled in america, we knew no object would ever rank with the best things in this country. but we believed we could make something worthy of their spirit. what is this thing? >> it's an asteroid, sir. >> how big are we talking? >> sir, our best estimate is 97.6 billion -- >> it's the size of texas, mr. president. >> what kind of damage are we -- >> damage? total, sir. it's what we call a global killer. the end of mankind. doesn't matter where it hits. nothing would survive. not even bacteria. >> my god. what do we do? >> i'll tell you what we do -- no. 23 years since that classic scene in "armageddon," right? nasa is finally answering the question for real. or at least it's trying to. they're going to launch a first test mission to deflect an asteroid. how? you think i know? i have this animation for you that they're sending. but much more importantly i have neil degrasse tyson with us. nobody understands the science but also the practicality of this the way neil does. and it's a pleasure to have you as always. >> good to be back on. >> pleasure. pleasure, pleasure, pleasure. >> i can't believe you led off with "armageddon," which violates more laws of physics per minute than any other movie ever made. >> you know what? we are all too dumb to know that except for you, neil. don't go ruining the dream. that's why people want to know about it. >> it's a reality check on our pop culture. yeah. >> i'm just upset it was bruce willis. i don't like to see him go down in anything. let's talk about what this is with the man himself. now, here we are. okay? so what did they find that gives us such a great test subject here? >> so what we have going on here is we have the inner solar system, mercury, venus, earth and mars. and then we have jupiter. and all these -- this like spirograph. oops. this is a live board. >> you're only a physicist. don't be afraid of it. knock yourself out. >> there you go. >> that's great. 30 years of -- >> so this is the asteroid belt. and to it's a region of countless hundreds of thousands of asteroids, each with its own independent orbit around the sun. some of them cross earth's orbit or come very near to us. and we call those n.e.o.s, near earth objects. so one of them comes near otherwise your waste a lot of eng energy going so far out in the solar system. the redirect test. let's look at it here. >> yeah, good. this is it. the next one we'll say what that is, the dark mission. all right, so this is what they found. they identified this and why do you -- why are you so appreciative of what they found here as a model for this experiment? >> that's a great question. if you try to deflect a random astroid, so many things deflect it. it could hit another object. where this is a double astroid. we think of earth and the moon as a binary system. this is a big one and a little one and so we have -- they're orbital parameters and so if you go and deflect the moon by the tiniest amount, you can compare the future data with your data from the past and acrecurately measure what effect it had on the trajectory of the moon. >> just because i'm worried about myself, is there any remote possibility that they're tracking right now about something that may, this may happen or is this just to know what you could do? >> it's a test. it's a test of can we change the orbit of an asastroid. we cross the street every time the same streets trucks are there. you don't get hit. why? because you're crossing at a time different. the three ways you can deflect an astroid, slow it down. that way you pass before it hits. okay? you can speed it up, it passes in front of you before you hit. before it hits. or you can redirect it into some other point. and so -- or you can do bruce willis style and blow the sucker out of the sky. at least in america, we're good at blowing stuff up and less good at knowing where the pieces go so better to deflect. what this is going to do i think on your next one you get to see -- yeah, here it comes. here is the moon. there is the main astroid. it deploys a little camera and slams into it. that will slow it down. >> you said this sbabout the si of the statute of liberty. >> yeah, and it falls into a lower orbit and we can measure it. it will slow down by half a millimeter per second. that doesn't sound like much. it's a total slowing down of the object and accumulates over time. >> how do we know? >> the thing that's hitting is 1,000 pounds and it's going to hit it at about 4 miles per second. >> if you know all this -- >> you can calculate that. >> big brain, why do we have to do all this? >> it's always good to test. couple things, we don't fully know the structure of the astroids. suppose it hits it and breaks off a piece and that flies off in another direction yet the main piece was hardly touched or hardly influenced by it so the integrity, the structural integrity of the astroid is a very important thing to know before you start slamming into it believing you're going to change the direction of the entire object. >> this is very cool. and we -- how long will it take to get the footage back to know what happened? >> we have to go greet it as it comes near the earth. that's what makes this relatively fast mission. we'll intersect it. we are launching this tonight at 1:20 eastern time and we're getting launched on a major platform, the earth to intersect it in early october 2022. keep in mind because we can do a shoutout, this is going to a point in space where this astroid will be in october in order for it to hit it. so it's not aimed for it right now. they both are on a converging trajectory so all this is going on. it's a marvelous beautiful ballet. >> and might save the world some day. >> choreographed by the forces of gravity and once we know how to do this and do it well and better, we'll say if we see an astroid coming and know it early enough, you can deflect it by the tiniest amount and that little drift you put in will accumulate and take it out of harm's way. and i expect this if we're good at this, we can assure our own survival relative to what happened to the dinosaurs long into the future because you know if the dinosaurs had a space program, they'd still be here and we would continue to be food under t rex's feed. >> everybody loves knneal degra tyson. he's been educating me for 20 years. i learned about global warming in the natural museum of history. he helped me with a special and told me if you learn about one thing in science for your job, learn about climate change and here you are today. thank you so much. you're right once again. you're a gift to the audience. i'm thankful to you this thanksgiving. >> thank you. we'll be right back with the upgrade. ♪ 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 what does it feel like to sell your car to carvana? it feels amazing. when you get a great offer in seconds... (all cheering) it feels too good to be true. it's kicking back and relaxing as we pick up your car. and when you get paid on the spot, it feels like scoring big. you know the feeling. you just never imagined you could get it from selling your car. well, with carvana, you can. experience the new way to sell a car. just getting by. it's an ongoing struggle. that's why president biden and democrats in congress have a plan to lower costs for america's working families. lower costs of health care premiums. and the price of prescription drugs. pay less for electric bills by moving to clean energy. we do it all by making the ultra-wealthy pay their fair share of taxes. it'd be a win for the everyday american family. right when they could really use one. congress, let's get this done. ♪ it wasn't me by shaggy ♪ you're never responsible for unauthorized purchases on your discover card. - 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. tahanks for watching. this thanksgiving we're thankful for you. thank you for the opportunity of doing the job, thank you for th. all of it helps us get to better place. enjoy the family and enjoy everything you can. be thankful. tonight you get the upgrade. "don lemon tonight" with the upgrade laura coates right now. >> so nice to see you. i hope you have a happy thanksgiving. i hope you have the elastic pants out. probably not a problem for you. >> probably because all of my suits are suited with the right belt. i'm a step ahead. >> i see. happy thanksgiving. >> have a great thanksgiving. appreciate you. i'm thankful for you, your mind, your heart, the way you bring them together to help people understand situation

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Transcripts For CNN Cuomo Prime Time 20240709

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now, that was a suggestion that many took to have a racial bent, and the prosecution seized on it today in their closing argument. >> the defendants never, ever said citizen's arrest. they never said we're making an arrest. they never said they saw him commit a crime. so ladies and gentlemen, where in the world did the citizen's arrest thing come from? because it didn't come from the defendants on february 3rd, 2020. did ahmaud arbery commit an offense in the presence of any of these defendants? the answer to that is no. boom. citizen's arrest is gone. 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? they know what they did. and they know why they did it. it's not a mystery to them. when you come back with your guilty verdict, all you're doing is telling them we know what you did too. >> and they know why they did it. how large will that question loom in the jurors' minds? how difficult is this case for them? nine counts for each of these three defendants. 27, right? they have to deliberate on. travis and greg mcmichael, william roddie bryan. also remember this. no matter what happens in this trial, the men are facing federal charges as well including hate crimes. so double jeopardy doesn't apply, even if they are acquitted. that federal case may go forward. now, the counsel with us tonight represents bryan, who helped trap arbery with his vehicle in february 2020 according to authorities before travis mcmichael shot him. he provided key evidence, did roddie bryan, in this trial and on this show, recording the killing on his cell phone. listen to what he told us on this program right before he was charged in may of last year. >> your decision to videotape this may be what makes all the difference in the administration of justice in this case. are you aware of that? >> yes, sir. if it wasn't a tape then we wouldn't know what happened. or y'all wouldn't -- >> and how do you feel about that? >> i would. i hope that it in the end brings justice to the family. >> well, a video may very well help bring justice to the arbery family. now, counselor gough argued in court his client was only armed with that cell phone, he didn't know arbery was going to be shot. but the prosecution made the case for why it thinks bryan is just as guilty as the others. >> but for his actions, would ahmaud still be alive? if he had not helped to stop ahmaud with his silverado, would ahmaud still be alive? and the answer is yes, he would have been. mr. bryan played a substantial and necessary part in causing his death. he is responsible for the murder of ahmaud arbery. >> let's bring in the counselor for william "roddie" bryan, kevin gough. counselor, thank you for joining us. >> glad to be here, chris. how are you doing? >> better than i deserve. why do you believe that the jury should not hold your client as responsible as the other two men? >> well, you know, i don't really want to get into the details or try and summarize an hour and 45-minute closing argument. but you know, the question here is when did roddie bryan know that the mcmichaels were armed? when did roddie bryan know that they intended to shoot mr. arbery? and at that point what could mr. bryan have done about it? those were the three questions that i asked repeatedly. and we're still waiting for answers on that. >> how do you expect them to get around the georgia law that every person concerned in the commission of a crime is party thereto, meaning even if you don't have the gun, even if you don't pull the trigger, if you're part of what turns into a homicide you are just as responsible as everybody else? >> well, and that's exactly what a good prosecutor would say and what a good prosecutor would argue. and i think we can agree that the arbery family in this case is represented by some very capable attorneys from the cobb county district attorney's office. but at the same time, chris, given your legal background i'm sure you appreciate that the parties to the crime statute, particularly the one in georgia, in this situation would require that roddie intentionally helped them commit the crime. and he didn't do that. and that's what the evidence shows. at the time of the shooting, as i've said many times, roddie bryan was a witness to the shooting, and indeed he is the witness to the shooting and it's his video that will allow this jury to try and sort out what justice means in this case between the arbery family and the mcmichaels. i've said all along that's not for me to decide, that's not for roddie bryan to decide. that's above our pay grade. we've got 12 jurors here. we've got a great diverse, very thoughtful attentive jury. you've been watching them during the trial i'm sure. they've been taking notes. they've been very diligent. they've now got the evidence and they're going to deliberate. they're going to continue tomorrow. and you know, all we can do is hope and pray that they reach a true verdict. and i think that's all we can hope for from our criminal justice system and from these 12 fine men and women of glynn county. >> you've got three problems. one, he was in one of the vehicles that was trying to stop arbery. it becomes what you and i know as a chain of battery. that he became part of the behavior that wound up leading up to the shooting. we'll see what the jury thinks about that. one thing that you know, and i just want to make sure that the audience understands, the arbery family doesn't have any lawyers in that courtroom. this isn't the arbery family against the -- >> the arbery family is the most well-lawyered family in america right now. >> hold on. counselor -- >> i don't know where you get that idea -- >> counselor. this case is the prosecution on behalf of the people. this is a crime against the community. this isn't about arberys versus mcmichael. this is arbery as a victim and the crime is against the state. the crime is against the community. the crime is against the law. >> hold on, chris. hold on now. you've been watching the same trial i have. there are three very, very capable lawyers from the cobb county district attorney's office sitting there at counsel table. linda dunikoski has lit the courtroom on fire every opportunity she gets. paul orisa. they have all done an outstanding job. and that's just the three in front of the courtroom. maybe you've not been to cobb county. cobb county has an incredible district attorney's office. it's deep. it's well staffed. it's well funded. >> and -- >> these people are here and they mean business. >> but i'm not there just for the arberys. >> they're incredibly well represented. >> i can't believe you're saying this. i really can't. >> you can't believe what? that i'm standing up and acknowledging -- >> the prosecution -- >> -- that the cobb county d.a.'s office has done a good job in this case? >> that's not what you said. what you said is the arbery family has great lawyers. this isn't about just the arberys. this is about the whole community that was wronged when the laws were broken and someone was killed illegally. >> in this case the cobb county district attorney's office represents the victim and their family in this case. and they are well represented. >> they represent the people and they are advocates for the rights of the victim. you know that and i feel like that takes me to my third point. which is why are you trying to make this so intensely personal about ahmaud arbery? why bring up black pastors and their presence in what you know is a public accommodation, being in this courtroom and that you don't have a say in who comes and who doesn't come and observe? why make that point? why do you think about pastors in terms of black and white? >> i don't think of pastors in terms of black and white. and let's be clear. if you were in that courtroom, sitting in my chair, representing roddie bryan, you'd be doing exactly the same thing. >> no, i wouldn't. >> so if it helps -- if it helps you to make that point, you can -- but if you were sitting there you'd not doing the exact same thing. >> no, i wouldn't. you don't even have a right to do it. >> as would any defense lawyer in america. >> no, they wouldn't. to say you can't be in the gallery? >> really? >> to say i don't want black people in the gallery? >> based on the law -- i'm sorry. i didn't say that. we have no problem with black people being in the gallery. never did. never will. >> black pastors. >> do the homework. >> black pastors? >> millions of americans across this country are looking to you to understand these proceedings. why don't you take the time and actually help them? why don't you read the motions? why don't you read the supreme court cases from the united states supreme court that we cited? why don't you -- >> that say that people -- >> why the opinion of supreme court justices -- >> counsel. >> -- doesn't matter in this cause? because we think it does. >> counselor, saying a lot is not the same as saying something that matters. you can flood the zone. the interview doesn't end. >> we can agree on that. >> what i'm saying is this. there is no supreme court case that says you can make a determination of who can be in the gallery watching the trial on the basis of race. you and i both know that. you said black pastors -- >> what i said -- >> you confused jesse jackson with al sharpton. and it seemed at a minimum a fit of ignorance and at maximum you making a race play in this trial. were you not doing that? >> chris, you can call me -- you can call me ignorant. you can call me anything you want. but i'm here representing roddie bryan and i'm going to defend my client to the best of my ability and i don't really care whether the people in the cheap seats like it or not. i'm here for one person and that's roddie bryan. that's my job. and i know you respect that. and i'm sorry that we disagree on this issue. but i'm not going to back down from insisting that roddie bryan receives a fair trial. and we have a judge who's working very hard to ensure that. the cobb county d.a.'s office is working very hard to ensure that. we have a sheriff here who's working very hard to ensure -- to make the best of a difficult situation. and i hope that you can appreciate all that effort. i'm pretty sure the arbery family appreciates those efforts to ensure that their son receives a fair trial. and i hope everyone can appreciate that. >> any victim of a crime is supposed to get this kind of representation. the arberys just getting what's due to somebody in this situation. and the judge felt no differently about what you said about black pastors than i'm presenting to you right now. and i'm not calling you ignorant. i'm saying the statement was. there's a difference. but counselor, i appreciate you. >> krilchris, let me put it to this way. if every time a police officer is killed we're going to allow the police department to stack the courtroom with uniformed police officers i think you'd agree that that would be inappropriate. >> i also would -- i don't know that it would be inappropriate but i know it's not an analogy. having black pastors there to support the family i don't think is going to have a chilling effect on a jury. nor should it. but counselor, i've got to go. i appreciate you taking the time. >> we can respectfully disagree. thank you for your time. >> it's the only way to disagree is respectfully. thank you for coming on the show. kevin gough. that's the counsel for roddie bryan. now, what i want to do is let's talk to somebody else who understands the game of litigation very well. another criminal defense lawyer. what does he think of counsel's arguments? what does he think of this point? and then we'll get to the real business. what is going to happen here? does he believe this will be a quick deliberation? walking up on me. might as well shake his hand. joey jackson, everybody, when we come back. financial picture. a plan with tax-smart investing strategies designed to help you keep more of what you earn. this is the planning effect. do you take aspirin? plain aspirin could be hurting your stomach. new vazalore is the first liquid-filled aspirin capsule clinically shown to cause fewer ulcers than plain aspirin. vazalore is designed to help protect... releasing aspirin after it leaves your stomach... where it is absorbed to give you the benefits of life saving aspirin... to help prevent another heart attack or stroke. heart protection with your stomach in mind. try new liquid-filled vazalore. aspirin made amazing! >> man: what's my safelite story? my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me... with service i could trust. right, girl? 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ask your health care provider today about once-weekly ozempic®. oh, oh, oh, ozempic®! you may pay as little as $25 for a 3-month prescription. hard questions. what do you think? is the arbery murder trial a tough call for the jury? they've got to sort through a number of interlocking charges. you just heard counsel there, kevin gough, the attorney for william "roddie" bryan. could his client's fate be different from the father and son who initiated the chase? do you think any of them could go free? let's ask an expert, joey jackson. i said it the other night but i say it twice because i mean it. i'm thankful for you. >> thank you, chris. >> you are a gift on and off camera. >> i appreciate that. thankful for you too. >> let's go in reverse. what you heard from counsel. what's your take on the moves he's made here? >> i think it's a little troubling. look, i get -- as an attorney you have an obligation to zealously represent your client. but i think you also have an obligation to understand the facts and understand the law. on the issue of the law it's not about what happens outside the courtroom that's relevant. it's not about what's happening inside the gallery that's relevant. it's about -- or anywhere in that courtroom other than the witness stand. he knows and understands that the jury will be instructed on that issue. not going to consider sympathy. not going to consider punishment. not going to consider what happens outside, who's wearing what shirt, who's whatever color. consider what the witnesses say. consider what video you see. consider the evidence that comes out. and as an officer of the court you have to know and understand that. and i get he's defending his client. there's a way to do it. i think that surpasses it and i don't think it's appropriate. and for him to suggest to you hey, if you were in my seat you'd do the same thing. i certainly wouldn't. and i just think i'm a little disappointed -- >> he's saying supreme court cases we quoted, we cited the cases, there's authority. when has the supreme court ever said that you can make determinations about who can be in the gallery on the basis of race? >> not to my knowledge. the supreme court says you deserve a fair trial. that fair trial certainly is something that everyone's entitled to. i don't know that the fact that jesse jackson is present or al sharpton is present or anyone else would deny your client a fair trial. i don't know that anyone protesting outside or otherwise expressing prayer or being in a vigil or anything else would deny your client a fair trial. it's you that has the obligation as the attorney to do the trial and on that notion why not make an opening statement with respect to your theory after the case? why not after every witness testifies say to those witnesses you know my client, you represented this case, didn't you? you are an investigator and you were aware that roddie bryan didn't see a gun, he didn't know that travis had a gun, he didn't know that greg mcmichael had a rifle, et cetera, he just followed along after the fact and in fact he cooperated after the fact. what am i saying? i'm saying you give your client a fair trial not by focusing on what the pastors do but by focusing on your job. by having a theory. by attacking witnesses. by eliciting evidence that would be sympathetic to your client for the jury, not by extraneous facts that have no relevance. and that's my point. >> and like a very good defense attorney you left out a bad fact, which is when he was in that car he was part of trying to stop ahmaud arbery. and does that for the jury put him into the mix in a way where he loses the benefit of he you nao what was going to happen or didn't know because he helped start it? >> so i think there's a lot of bad facts for the defense, without question. and i think that all of them -- >> all of them equally? you think all three will be -- >> i do. >> -- convicted? not equal charges but all convicted? >> yes. and here's why i do. and i say this objectively. not as a matter of the -- >> we don't know. it's hard to read. >> always is. jurors are going to do their job. but what is my concern if i'm the defense? number one, the citizen's arrest law. the citizen's arrest law speaks to the crime. what crime was committed that you can pointmitted in your presence? what did you have immediate knowledge of? don't talk to me about burglaries in october, boats and ships and what happened weeks before. that day did you have any evidence that ahmaud arbery was doing anything, much less a felony? so that would concern me because if you don't implicate and use that statute then how do you justify detaining him, stopping him and otherwise killing him? if you don't have that, then you don't have self-defense. but here's another thing that should concern them greatly. what should concern them is the issue of self-defense. if you're the initial aggressor, you don't get the benefit. if you're engaging in a felony like aggravated assault, like false imprisonment, you don't get the benefit of self-defense. and in the event you're provoking because you're pointing a rifle, you don't get that benefit. so that concerns me. last point. and that is on the issue of roddie bryan, he's not similarly situated. he's in a different place. i think in my view everyone does things differently. chris, no one has a monopoly on wisdom. but if you're going to attack and say he's not similar to the other two and you're going to attack the mcmichaels, do that. make that your theory from the outset. raise doubt on that issue. don't wait for your closing statement, waive your opening statement and not cross-examine on the basis of your theory. i think if that were done there could be a different outcome. and there could still be a different outcome. but i just think not enough was done to raise the specter of doubt as to any of those defendants. i see a verdict tomorrow. >> well, i'll tell you what. that will make sense if for no other reason, what you just said, as cogent as it all was, thanksgiving's coming. and people want to get home, get this off their plate so they can have something else on their plate. and i'm not saying that out of disrespect. it's just human nature. people want to get on it with their lives, even the jury. >> tomorrow is not friday but it's friday. it's a holiday. christopher. >> i'm thank. for you. joey jackson. the oao, the one and only. it is thanksgiving eve. i'm taking advantage of it. it's my favorite holiday. the only one i care about. on the religious side i like easter. but for these types of occasions nothing beats thanksgiving. many count their blessings. i go bigger than that. i'm thank. for all of of it, the good, the bad, the ugly. why? a lot of reasons. but the one that matters most? it was cemented to me by the life example of our next guest, one of the most special people i have come acrokcross this world. the bird is back and she ain't no turkey. nightbirde is here. the "america's got talent" superstar. she left that competition to take on a much more important one against cancer. she's got a big update. i just want to see her face, i want to hear her words, and i know you do too. next. as a dj, i know all about customization. that's why i love liberty mutual. they 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 ♪ (tiger) this is the dimension of imagination. ♪ we strip in the community garden. i've been stripping here for years. i strip before take-off. breathe right strips open your nose for relief you can feel right away, helping you take in air more easily, wherever you are. we have to be able to repair the enamel on a daily basis. with pronamel repair toothpaste, we can help actively repair enamel in its weakened state. it's innovative. my go to toothpaste is going to be pronamel repair. ♪ baby got back by sir mix-a-lot ♪ unlimited cashback match... only from discover. switching wireless carriers is easy with xfinity. just lean on our helpful switch squad to help you save with xfinity mobile. they can help break up with your current carrier for you and transfer your info to your new phone. giving you a fast and easy experience that can save you hundreds a year on your wireless bill. visit your nearest xfinity store and see how the switch squad can help you switch and save. it's the xfinity black friday sales event. learn how to save up to $1000 on select phones by visitng your local xfinity store today. you can't wait until life isn't hard anymore before you decide to be happy. wow. people say a lot of things, but few walk the walk like our next guest. you know her and i know her as nightbirde. now, you'll remember, she's the courageous woman who while battling cancer went to audition for "america's got talent" earlier this year and all alone she did it. not only did she do it, not only was she impressive, she earned the golden buzzer from simon cowell for her performance. watch. ♪ it's okay, it's okay, it's okay it's okay ♪ ♪ if you're lost we're all lost and it's all right ♪ ♪ oh, oh, oh ♪ ♪ it's all right to be lost sometimes ♪ >> your voice is stunning. >> mm-hmm. it is. >> absolutely stunning. and i totally agree with what howie said, you know, about authenticity. there was something about that song, the way you just almost casually told us what you're going through. you know -- >> you can't wait until life isn't hard anymore before you decide to be happy. [ cheers and applause ] >> i'm not going to give you a yes. i'm going to give you something else. [ cheers and applause ] >> now, i have to tell you, everybody loses it when they see that moment. my phone is blowing up right now when people heard that nightbirde is on. i've got to tell you, that's not the moment that gets me when it comes to this young lady. it is all about -- the moment that gets me is every time i talk to her and i hear in her voice how much fight there is. no matter what she's against. she left that competition to fight cancer. and that's why she's an inspiration to me and to so many millions around the world. her words hit like a heart punch. powerful truth about finding the resolve to fight no matter what you're against. she wrote recently, "i'm not sure if i know how to fight for my life, but i do know how to open my eyes in the morning and that's not nothing. i don't know exactly what it sounds like when god talks but i recently started remembering my name because i heard myself whisper jane, you're so loved." indeed she is. and for all the right reasons. and she joins us now. there she is. hello, nightbirde. >> hi, chris. it's so good to be here. it's good to see you. >> so what do you want them to know? how are we doing, kid? >> well, you know what? i wish we'd get a faster miracle but it's happening slow little by little, day by day. i'm getting a little better. i did get a scan result back and a bunch of stuff that was there has now disappeared. and a bunch of the really big stuff has gone down in size. so we're on the way. >> how do you feel about it all? >> my goodness. it's a lot to process. the highest highs and the lowest lows of my life all happening at the same time. and all this playing out in front of millions of people is really -- it's a lot to -- it's a lot to carry but it's also such an honor because the whole world is carrying their own -- the whole world is carrying their own weight and we've got to learn how to do this together. >> are you comfortable enough with the struggle to continue to dare to dream about what happens next? >> yeah. yeah. i think life sometimes is a game of choose your pain. so the pain of continuing or the pain of giving up. so the pain of continuing, there's a lot more uncertainty that way but i think the pain of giving up is so much worse. >> you said, you wrote about dreams of singing to the whole world at once. you said, "this is the dream. i'm in it. it's happening now." how so? >> well, i -- it's funny because i've dreamed about singing my entire life, you know. and i dreamed about growing up and dazzling the world and being this amazing singer and being so beautiful and confident and brave and all of that. and i didn't think that it would play out this way. i think a lot of us don't realize that we're in the middle of a dream come true because life is so imperfect and there's so much hard stuff and unfair stuff mixed in. sometimes we don't recognize that our dreams are happening and miracles are happening. and the miracle that i wanted is that i could skip the pain. you know? that this would go away, you know, super fast. or maybe, you know, that it wouldn't have happened at all. and i didn't get that miracle. not yet. but there's a hundred other miracles. and if i only take the ones that taste sweet i won't get any miracles at all. so i'm grateful for what i have. >> well, you should have tasting whatever you can because you need to gain weight. that's what i talk to you about most of the time. that's how simple my medical practice is. keep eating. what does thanksgiving mean for you this year? >> well, every year that i get to gather around the table with people that i love, it's such an honor and a gift. i shouldn't -- i should not be alive right now based on the usual statistics. so every year when this time comes around it's special for the whole family. >> have you gotten used to how heavy a truth that is? right? everybody talks about life and death over the most trivial things. that is totally normal. and for you to say i'm not supposed to be alive right now is a 100% accurate statement. >> yeah. >> how do you deal with that emotionally? >> hmm. well, i think every moment that we breathe is a miracle and a gift. most people don't know what a joy it is to wake up in the morning without pain because they just experienced, you know, maybe a normal life. but those like me who face death on a day-to-day basis, sometimes i think we're the luckier ones because we get to really see the sweetness of life and the miracle it is to love and be loved and to dream and to have the chance at a future. i don't know if i'll ever get used to the weight of that or -- i don't know if i'll ever -- i don't know if it will ever become casual to me again, just to live. >> you've got big things happening. i am compromised because i know things and i can't say things. but that's on you. but you are writing and you are planning on putting together what really will be a magnum opus. you know, every songwriter and singer has their whole life to do their first album and then you'll probably get like four months to do your second one. but you are working on what you hope is really the collection of songs you've always wanted to write. how's the writing? and how strong is the voice? >> i am so proud of everything i'm writing right now. again, pain can be a gift because it really, really drives you to deep places to dig for gold. sometimes you've got to dig really, really deep for gold. and that's what i've been doing. i'm really proud of the stuff that i'm working on. and the voice is getting there. today i actually sang a lot. and even though it's not up to 100%, i'm just so happy to be singing. i could not stop smiling today. >> i love it. i love it. i love all of it. i love the way you approach the struggle. i look forward to talking to you. i love checking in with you. and i love what you mean to this audience and every audience that's lucky enough to be exposed to what you're about. your art but also the art that you put into your everyday life. you're a special kid. i tell you that all the time because i mean it. and i am thankful for you, nightbirde. i will speak to you on thanksgiving, i'm sure. but i am thankful for you and that you've been a gift to my audience of perspective. thank you. >> well, thank you. it's amazing to share this with the world and with your audience. i'm honored. >> the honor is mine to be sure. and you have big news coming for people, and i can't wait for you to break it. and i will be with you in spirit and in body all along the way. have a happy thanksgiving. i'll talk to you soon. >> you too. bye. >> nightbirde. we'll be right back. news on a story that's no longer in the headlines but you can't forget. brian laundrie, even in death he took something away from the family of gabby petito. the opportunity for answers. a florida medical examiner did confirm, though, that laundrie shot himself in the head. that's how he died. gabby's family is now left without any good options for piecing together the chain of events and decisions that robbed them of the 22-year-old long island, new york native. they're left with fractions. little bits of moments. partial understanding. their daughter crying in the back of a police car in utah. intersperses with snapshots that she shared with the world on social media and she and brian documented during their cross-country van trip. in a statement the petito family says it's been asked not to make any comments because the fbi is still investigating and the u.s. attorney's office has not determined if anyone will be charged. now, we'll have to see if that investigation can go any further and if there are any clues in the evidence found like a notebook that was near brian laundrie's body. or if the obvious evolves into a reality, which is laundrie's parents. what do they know about what happened to gabby petito? the idea that their son said nothing to them is almost incredible at this point. why else would they have gone quiet on the petito family? why else would they not speak to authorities? today's announcement answers one final question, but it leaves many more unanswerable. now, to the harsh realities of this world, let's cast our eyes above to the possibilities of the great beyond. there's a spacecraft that's going to be launched tonight on a collision course with an asteroid. i know, i saw the movie too. but this is the real deal, man. it's the first ever mission. something right out of sci-fi. but it's all too real. and i have the man who can explain it better than anybody. here he is. he's such a big deal he's got three names. neil degrasse tyson. next. >> ready for you. so you can enjoy more of...this. this is the planning effect. ♪ ♪ ♪day to night to morning,♪ ♪keep with me in the moment♪ ♪i'd let you had i known it, why don't you say so?♪ ♪didn't even notice, no punches left to roll with♪ ♪you got to keep me focused, you want it, say so♪ ♪day to night to morning,♪ ♪keep with me in the moment♪ new cheetos boneless wings exclusively at applebee's for a limited time. woman: i have moderate to severe plaque psoriasis. now, there's skyrizi. ♪ things are getting clearer ♪ ♪ yeah i feel free ♪ ♪ to bare my skin, yeah that's all me. ♪ ♪ nothing and me go hand in hand ♪ ♪ nothing on my skin that's my new plan. ♪ ♪ nothing is everything. ♪ woman: keep your skin clearer with skyrizi. most who achieved 90% clearer skin at 4 months had lasting clearance through 1 year. in another study, most people had 90% clearer skin at 3 years. and skyrizi is 4 doses a year, after 2 starter doses. ♪ it's my moment so i just gotta say ♪ ♪ nothing is everything. ♪ skyrizi may increase your risk of infections and lower your ability to fight them. before treatment, your doctor should check you for infections and tuberculosis. tell your doctor if you have an infection or symptoms, such as fevers, sweats, chills, muscle aches, or coughs or if you plan to or recently received a vaccine. ♪ nothing is everything. ♪ woman: talk to your dermatologist about skyrizi. learn how abbvie could help you save. sustainability is essential to creating a better tomorrow. that's why cisco is committed to achieving net zero emissions by 2040. and we believe our smart buildings solutions can help. providing power to reduce emissions, intelligence to eliminate waste, and collaboration tools that help the workplace and the planet. between meeting human needs and a sustainable future, there's a bridge. cisco, the bridge to possible. the best things america makes are the things america makes out here. the history she writes in her clear blue skies. the legends she births on hometown fields. and the future she promises. when we made grand wagoneer, proudly assembled in america, we knew no object would ever rank with the best things in this country. but we believed we could make something worthy of their spirit. what is this thing? >> it's an asteroid, sir. >> how big are we talking? >> sir, our best estimate is 97.6 billion -- >> it's the size of texas, mr. president. >> what kind of damage are we -- >> damage? total, sir. it's what we call a global killer. the end of mankind. doesn't matter where it hits. nothing would survive. not even bacteria. >> my god. what do we do? >> i'll tell you what we do -- no. 23 years since that classic scene in "armageddon," right? nasa is finally answering the question for real. or at least it's trying to. they're going to launch a first test mission to deflect an asteroid. how? you think i know? i have this animation for you that they're sending. but much more importantly i have neil degrasse tyson with us. nobody understands the science but also the practicality of this the way neil does. and it's a pleasure to have you as always. >> good to be back on. >> pleasure. pleasure, pleasure, pleasure. >> i can't believe you led off with "armageddon," which violates more laws of physics per minute than any other movie ever made. >> you know what? we are all too dumb to know that except for you, neil. don't go ruining the dream. that's why people want to know about it. >> it's a reality check on our pop culture. yeah. >> i'm just upset it was bruce willis. i don't like to see him go down in anything. let's talk about what this is with the man himself. now, here we are. okay? so what did they find that gives us such a great test subject here? >> so what we have going on here is we have the inner solar system, mercury, venus, earth and mars. and then we have jupiter. and all these -- this like spirograph. oops. this is a live board. >> you're only a physicist. don't be afraid of it. knock yourself out. >> there you go. >> that's great. 30 years of -- >> so this is the asteroid belt. and to it's a region of countless hundreds of thousands of asteroids, each with its own independent orbit around the sun. some of them cross earth's orbit or come very near to us. and we call those n.e.o.s, near earth objects. so one of them comes near otherwise your waste a lot of eng energy going so far out in the solar system. the redirect test. let's look at it here. >> yeah, good. this is it. the next one we'll say what that is, the dark mission. all right, so this is what they found. they identified this and why do you -- why are you so appreciative of what they found here as a model for this experiment? >> that's a great question. if you try to deflect a random astroid, so many things deflect it. it could hit another object. where this is a double astroid. we think of earth and the moon as a binary system. this is a big one and a little one and so we have -- they're orbital parameters and so if you go and deflect the moon by the tiniest amount, you can compare the future data with your data from the past and acrecurately measure what effect it had on the trajectory of the moon. >> just because i'm worried about myself, is there any remote possibility that they're tracking right now about something that may, this may happen or is this just to know what you could do? >> it's a test. it's a test of can we change the orbit of an asastroid. we cross the street every time the same streets trucks are there. you don't get hit. why? because you're crossing at a time different. the three ways you can deflect an astroid, slow it down. that way you pass before it hits. okay? you can speed it up, it passes in front of you before you hit. before it hits. or you can redirect it into some other point. and so -- or you can do bruce willis style and blow the sucker out of the sky. at least in america, we're good at blowing stuff up and less good at knowing where the pieces go so better to deflect. what this is going to do i think on your next one you get to see -- yeah, here it comes. here is the moon. there is the main astroid. it deploys a little camera and slams into it. that will slow it down. >> you said this sbabout the si of the statute of liberty. >> yeah, and it falls into a lower orbit and we can measure it. it will slow down by half a millimeter per second. that doesn't sound like much. it's a total slowing down of the object and accumulates over time. >> how do we know? >> the thing that's hitting is 1,000 pounds and it's going to hit it at about 4 miles per second. >> if you know all this -- >> you can calculate that. >> big brain, why do we have to do all this? >> it's always good to test. couple things, we don't fully know the structure of the astroids. suppose it hits it and breaks off a piece and that flies off in another direction yet the main piece was hardly touched or hardly influenced by it so the integrity, the structural integrity of the astroid is a very important thing to know before you start slamming into it believing you're going to change the direction of the entire object. >> this is very cool. and we -- how long will it take to get the footage back to know what happened? >> we have to go greet it as it comes near the earth. that's what makes this relatively fast mission. we'll intersect it. we are launching this tonight at 1:20 eastern time and we're getting launched on a major platform, the earth to intersect it in early october 2022. keep in mind because we can do a shoutout, this is going to a point in space where this astroid will be in october in order for it to hit it. so it's not aimed for it right now. they both are on a converging trajectory so all this is going on. it's a marvelous beautiful ballet. >> and might save the world some day. >> choreographed by the forces of gravity and once we know how to do this and do it well and better, we'll say if we see an astroid coming and know it early enough, you can deflect it by the tiniest amount and that little drift you put in will accumulate and take it out of harm's way. and i expect this if we're good at this, we can assure our own survival relative to what happened to the dinosaurs long into the future because you know if the dinosaurs had a space program, they'd still be here and we would continue to be food under t rex's feed. >> everybody loves knneal degra tyson. he's been educating me for 20 years. i learned about global warming in the natural museum of history. he helped me with a special and told me if you learn about one thing in science for your job, learn about climate change and here you are today. thank you so much. you're right once again. you're a gift to the audience. i'm thankful to you this thanksgiving. >> thank you. we'll be right back with the upgrade. ♪ 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 what does it feel like to sell your car to carvana? it feels amazing. when you get a great offer in seconds... (all cheering) it feels too good to be true. it's kicking back and relaxing as we pick up your car. and when you get paid on the spot, it feels like scoring big. you know the feeling. you just never imagined you could get it from selling your car. well, with carvana, you can. experience the new way to sell a car. just getting by. it's an ongoing struggle. that's why president biden and democrats in congress have a plan to lower costs for america's working families. lower costs of health care premiums. and the price of prescription drugs. pay less for electric bills by moving to clean energy. we do it all by making the ultra-wealthy pay their fair share of taxes. it'd be a win for the everyday american family. right when they could really use one. congress, let's get this done. ♪ it wasn't me by shaggy ♪ you're never responsible for unauthorized purchases on your discover card. - 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. tahanks for watching. this thanksgiving we're thankful for you. thank you for the opportunity of doing the job, thank you for th. all of it helps us get to better place. enjoy the family and enjoy everything you can. be thankful. tonight you get the upgrade. "don lemon tonight" with the upgrade laura coates right now. >> so nice to see you. i hope you have a happy thanksgiving. i hope you have the elastic pants out. probably not a problem for you. >> probably because all of my suits are suited with the right belt. i'm a step ahead. >> i see. happy thanksgiving. >> have a great thanksgiving. appreciate you. i'm thankful for you, your mind, your heart, the way you bring them together to help people understand situation

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