schn schneider. >> this was 68 pages in a wholesale rejection of trump's arguments that he should block records from going to the committee. the judge writing this opinion for this three-judge panel, she wrote repeatedly that trump's legal team failed to make any compelling arguments in this case, and instead she said they only offered what she called a grab bag of objections. so in the end for this court, anderson, it only came down to three things. the fact that joe biden carefully reviewed all the documents at issue, that his administration she determined is best suited to determine what is to be privileged. and the privilege was waived from joe biden so congress could investigate what the administration has pointed out was unique and extraordinary, that attack on our democracy. so this is from the opinion. the opinion says the events of january 6, supposed the fragility of those institutions that perhaps we had come to take for granted. in response, the president of the united states and congress have each made the judgment that access to this subset of presidential communication records is necessary to address a matter of great constitutional moment for the republic. former president trump has given this court no legal reason to cast aside president biden's assessment. so anderson, the committee now one step closer to getting their hands on what is hundreds of pages of documents. that includes call logs and visitor logs from the white house around january 6, even drafts of speeches and handwritten notes. but trump's team do get time to appeal this to the supreme court. however, if the court decides not to take up this case, those documents would then be released to the committee, anderson. >> what does the former president have to say? >> trump's team were quick to respond on twitter. they said they will absolutely take this to the supreme court. and a spokesperson for trump said that this case was always destined for supreme court. they continued to say president trump's duty to defend the constitution and the office of the presidency continues. as this appeals court pointed out, trump's team, they really gave no real reasons why these documents shouldn't be released. only that it's trump's prerogative, they argued as the former president to keep them secret. but the court here rejected that fully, saying that the president biden's waiver of the privilege prevailed. anderson, we'll see if the supreme court even decides to take up this case. >> yeah. >> given that trump's legal arguments were so weak, according to this appeals court. anderson? >> appreciate it, thank you. let's get some more perspective. also joining us senior legal noah feldman. also joining us is carrie cordero and jamie began gel. so carrie, first of all, on the court ruling, was this the ruling you expected? >> it is, anderson. as jessica was describing in her report, the former president really did not have any valid legal arguments here. it was the executive privilege has always been president biden's to assert as the current president. he made a careful decision in this matter that it was in the public interest given historical context. the importance of january, the events of january 6th and the work that the committee is doing, and that is what the court of appeals, the d.c. circuit said in its opinion. >> professor feldman, the court ruled in part saying, quote, what mr. trump seeks is to nullify those judgments of the president and congress, delay the committee's work and derail the negotiations and the accommodations that the political bramnches have made. i'm wondering how you significant you think that is for a federal appeals court to say not only his claims of executive privilege without merit or having an argument by him but what he's trying to do is delay a congressional investigation. >> that's code that the d.c. circuit judges are putting in the opinion to speak to the supreme court to say don't take this case. just be satisfied with our opinion here. you know, what's striking about this is the extent to which trump's lawyers seem to be just mailing it in. they could have argued there were specific things, specific parts of the communication between trump and his advisers that couldn't be disclosed without threatening the privilege of confidentiality, and they didn't do it. what the d.c. court is saying look, you look like you're engaged in empty delaying tactics. you're wasting this court's time so the supreme court will say okay, we're not going to take it up either. >> professor, when it goes to the supreme court, can -- can the former president argue bad lawyering in the last round? or does it not work that way? >> no. it will be the same lawyers. it may be bad lawyering but they're not going say that. i think the only way the supreme court will take this up, and it's pretty slim, if they took seriously the argument that trump made that the d.c. court rejected. the the current president can say the prior president's claim to executive privilege has opinion was overridden, this future presidents will get into the habit of just releasing the private records of their predecessors if they're a different party in order to embarrass them. that's actually not a crazy thing to say. the d.c. circuit said no, no president is going to do that because it's going to create mute i didn't assured destruction. if i release, then my successor will release my records. that might be right. but you can imagine in our scorched politics, if donald trump becomes president, heaven forbid and there were a republican congress, trump night say good right ahead. if the justices took that concern seriously, then maybe they would consider the issue afresh. but i think the odds are that they will be satisfied with this opinion. >> carrie, the court also pointed out that it's not just the current president. it's congress also, which wants it. so it's really two branches of government to the argument that presser was making about the possibility of future presidents doing that, it would be the future president plus congress. that seems to be at least what it's an add branch of government here. >> that's exactly right, anderson. so the second part of the court's analysis is that there was an accommodation made between the political branches, between the executive branch and congress. and that's normally how issues of executive privilege or other privilege between the branchs would be worked out, a method of accommodation where they make an agreement about certain things, and that's the fleece is worked out. and then the courts don't have to get involved. so what the opinion was saying is that in this case, president biden made the decision, and then also there is this accommodation, this agreement made between the political branches. and that is the way it is supposed to work. >> jamie, i know you have been talking to source, your sources in washington tonight. i'm wonder what year hearing about the hike hood the supreme court would take the president's case? >> i am not the legal expert on this panel, but i did reach out to two former justice official sources, who by the way for what it's worth are both conservative republicans, and they know this court very well. it was their opinion -- it's just their opinion -- that there would be if trump tried to get an on banc, that that would be turned down. this is just their opinion, they did not think the supreme court would take the case. >> professor feldman, do you think they would? >> i think the odds are against it. i think the only circumstance they would if they wanted to weigh in on the danger of subsequent presidents effectively waiving the privilege. i think the background issue here is how broken are our politics. and what you see here is that the judges of the courts like to act as though our politics are not as bren as they sometimes appear to be. and in the past, the courts have sometimes made mistakes in that regard. for example, with respect to the independent counsel law. so it's not impossible that the supreme court might want to go further. but my guess is they're going want to say this is normal politics. the president and congress agree. we're going to allow the d.c. circuit opinion to stand. >> carrie, what happens if the supreme court doesn't take it up? >> if they do not take it up, then the documents will finally be provided to the select committee. so this court, the d.c. court has enabled there to be 14 days for president trump to decide to appeal. and then if the supreme court decides that they are not going to take it, then the committee finally receives its documents on the basis of there having been two really definitive, clear opinions. one from the district court, and then now this 68-page opinion from the d.c. circuit. >> jamie, as we mentioned, you've got reporting on the texts and emails before he stopped cooperating and sued it what have you learned? >> he handed these over voluntarily with no claim of privilege. and as we know, he's given them more than 6,000 pages of documents. included in those documents, i'm told, are text messages, emails, phone calls, the substance. this isn't just who called who at what time. the actual text messages and emails. and this is all in realtime, on january 6 that this has to do with meadows communicating with, quote, a wide range of individuals. this could be members of congress, white house officials, reporters, rally organizers. we don't know yet. but what was most interesting about what i was told was that the text messages and emails will reveal not only what donald trump was doing on january 6 when the riot was happening, but what he wasn't doing during that time. and that's key because as we've heard from members, they believe that trump is guilty of dereliction of duty. so what he didn't do may be very important. >> but there were a bunch of texts and emails and stuff that he didn't hand over, correct? >> that's correct. so they divided it out, and there are some things that he has claimed are privilege, but the point that i would make is that the source said to me this was on meadows' personal phone. this was his personal email. so obviously things can be fought out in court, but i think there is an argument about privilege here since it was his personal phone and personal email. >> interesting. jamie gangel, appreciate it. thank you so much. up next, a verdict reached in the jussie smollett trial after he took the stand in his own defense. plus, president biden warns world leaders democracy is under threat at his virtual summit. the question of course is what about the threats here at home. vazalore... is the first liquid-filled aspirin capsule clinically shown to cause fewer ulcers than plain aspirin. try new vazalore. aspirin made amazing! ♪ this... is the planning effect. this is how it feels to know you have a wealth plan that covers everything that's important to you. this is what it's like to have a dedicated fidelity advisor looking at your full financial picture. making sure you have the right balance of risk and reward. and helping you plan for future generations. this is "the planning effect" from fidelity. ♪ baby got back by sir mix-a-lot ♪ unlimited cashback match... only from discover. with directv stream i can get live tv and on demand anywhere. look, serena williams... matrix... serena... matrix... serena... matrix... ♪ ♪ ♪ get your tv together with the best of live and on demand. introducing directv stream. hi, i'm steve and i live in austin, texas. i work as a personal assistant to the owner of a large manufacturing firm. i've got anywhere from 10 to 50 projects going at any given time. i absolutely have to be sharp. let me tell ya, i was struggling with my memory. it was going downhill. my friend recommended that i try prevagen and over time, it made a very significant difference in my memory and in my cognitive ability. i started to feel a much better sense of well-being. prevagen. healthier brain. better life. as a professional bull-rider i'm used to taking chances. but when it comes to my insurance i don't. i use liberty mutual, they customize your car insurance, so you only pay for what you need. wooo, yeaa, woooooo and, by switching you could even save 665 dollars. hey tex, can someone else get a turn? yeah, hang on, i'm about to break my own record. yeah. only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ [uplifting music playing] ♪ i had a dream that someday ♪ ♪ i would just fly, fly away ♪ moments ago, empire actor jussie smollett was found guilty on five out of six counts. smollett was accuse of staging an attack against himself in 2019. according to chicago police, he paid two brothers to help him orchestrate the tack for media attention. ehe was originally indicted on 16 counts over disorderly conduct, but kim foxx's office dropped all charges weeks later. then in february 2020 a special prosecutor looked at the case on whether smollett got special treatment, and that's when he was indicted on new charges. sara sidner joins us now with more on the verdict. so what was the reaction from smollett in court? >> you know, he sat stoic. he was almost like a statue. he had no expression on his face. he didn't make any movements. very, very solemn. didn't say anything. then when he walked out of court, there were questions yelled at him. he did not respond. he walked as quickly as we have seen him walk out of this courthouse after the verdict was read. we should also mention those six counts actually have to do with three false reports of a battery against him and two false reports of a hate crime against him. those reports were to two different detectives. so for each time he told them he was hurt, hit or a hate crime had been perpetrated on him, he was convicted. the only one that he was not convicted of was actually two weeks later, according to the special prosecutor, when he went back in to talk to police and talked about the people being masked who attacked him. and that was the aggravated battery. the jury found him not guilty for that one. anderson? >> it's really stunning. not only is he now found guilty of lying to police, he got on the stand, you know, which a lot of witnesses don't do, and if the jury is correct, lied to the jury, lied to the judge. i'm wondering if that is going to be taken into account when sentencing comes around? >> you hit the nail on the head. it absolutely is expected to be taken into account by the judge when he starts to look at whether or not to sentence him to any jail time at all. and as you know, he faces up to three years in prison and a $25,000 fine. the judge has great discretion in this particular felony. he can decide to give him no jail time at all and a fine, or anything in between. and so it will play a part. the special prosecutor spoke to that. but he also talked about this case. and in essence, he said we told you he lied, and the jury got it right. >> that verdict was a resounding message by the jury that in fact mr. smollett did exactly what we said he did. >> we obviously respectfully disagree with the jury's verdict. the verdict is inconsistent. you cannot say jussiie is lying and not lying for the exact same incidents. so we feel 100% confident that this case will be won on appeal. >> so there you have it. that was jussie smollett's defense attorney. the first person speaking there was the special prosecutor dan webb. two very different versions of how they saw this happening. but you just heard there, it may not be done with this case because we are hearing as you heard, that the defense is planning to appeal. anderson? >> sara, stay with us. i want to bring in criminal defense attorney and cnn legal analyst paul callan. paul, you've been following this case. i wonder what your reaction is to the verdict and the likelihood of them actually having a successful appeal? >> i was not surprised at all by the verdict, anderson. you have an actor here who took the stand and testified and the jury expected him to tell a compelling, believable story. in fact, the story he told was totally unbelievable, that he was attacked by two people that he knew. his exercise instructor and nutritionist and one of them actually is somebody he has been sexually intimate with, but that he could not identify at the time of the initial attack. and the story was totally implausible from the beginning, and the jury saw right through it. on the issue of where it's going to wind up sentence wise, i think this perjury question that you raised a couple minutes ago is going to be very, very important. i think the judge is going to look at this and say number one, what an enormous waste of resources for the city of chicago, a city that is haunted by really violent crime. and to have those resources used on a nonsense claim like this is such a waste of public resources. and of course to stage a hate crime is one of the worst things you can do, because in fact you're destroying the credibility of other people who may suffer from true hate crimes. and then to perjure yourself on the witness stand tops it all off. so i think it will be hard pour the judge not to give jail time in this case. and it's the kind of case that probably would have wound up with probation had he just plead guilty at the beginning. >> for a gay man to be faking a hate crime, according to the jury, it's -- i mean, it's a slap in the face to everybody who has actually suffered hate crimes, which is a very real problem. just in terms of prison time, would they be -- it's one to three years, but is that -- would that be concurrent if there actually was prison time for each of them? >> well, in theory, the judge i suppose could say consecutive time, but he won't. in a case like this, it's going to be concurrent time. so i really think that you're looking at a jail sentence that will probably be less than one year in jail, but it could be combined with a brief jail sentence and community service and maybe a substantial fine. but i suspect that any jail sentence will probably be less than a year because these are relatively minor charges. >> sara, to paul's point, smollett still faces a civil suit. the city of chicago is suing him demanding reimbursement exactly for the cost of investigating his attack. >> that's right. and actually, we just got a statement from the city of chicago, our brad parks sending that out to everyone saying we still plan to continue to pursue that civil suit where they're asking for about $130,000. and why are they asking for that much money? they say that is the amount of money that was spent on paying police as they spent thousands of hours looking through thousands of hours of video and trying to investigate this over a couple of weeks' time. there were some 30 officers on this. there was all sorts of investigations trying to figure out who these two people were when in fact police ultimately determined that the two people were someone that smollett hired to do this to him so that he could get more media attention. anderson? >> sara sidner, paul callan, appreciate it. thank you. up next, president biden telling world leaders today that protecting democracy is, in his words, the defining challenge of our time as the american democracy is teetering on the brink. it's a topic colonel half peters and i have talked about numerous times over the years. we'll get his reaction on what the president said coming up. 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>> well, certainly pervasively, that leads to passivity and inactivity to people not standing up for what's right. certainly the divisions and i -- for in my own past worked in the media, i regret anything i've done to contribute to those divisions because they've become so grave, so terribly dangerous to us. the immediate practical threat to our democracy is republican efforts to tamper with the electoral system with the machinery of our elections, with the local imposing arranging for partisanship at election boards. that's just terribly tragic. but over the longer haul, the polarization, the extremism on right and left, the authoritarian impulses on right and left, the willingness to lie outright to the american people, or at least to twist the truth, the inability it seems to have the least courage to defend this country. the cowardice of the republican party, the shameful betrayal of our fundamental values, of the values the republicans whom i often voted for professed, to trash the constitution, to execution this -- this monstrous buffoon who may run again in the next election. stand up for what's good and right. and by the way, i don't want to just pick on republicans, because there is plenty of hatred and divisiveness on the far left as well. and beware the extremes. the extremes ss are always a danger. and by the way, anderson, my definition of good legislation is legislation that makes both extremes unhappy. but meanwhile, cherish this country. it's worth it. people have died for it. don't take it for granted. be grateful every single day. however ancestors came here, be grateful you're here. now. >> you know, it seems like in revolutions, if you look through history, often it's the extremes, the first thing they do is attack the moderates, because the moderates are the most dangerous to the extremes. anyone preaching moderation, anyone preaching compromise or consensus or, you know, not vilifying, that doesn't -- that doesn't suit the needs of the extremes. and so it's the moderates who are often the first to go, because the extremes kind of play off each other. >> yeah. you're absolutely right. that's very astute. history is full of instances of a militant minority enforcing their views on the majority. and i'm still optimistic about this wonderful country. we've been through tough times before. but i am at the very lease dismayed by what i see all around me. think about it. on a very practical human level, families, friends divided over politics in a holiday season? that is madness. inexcusable madness. we're all americans. we can argue. we can yell at each other sometimes. well can have dramatically different opinions. but at the end of the day, compromise is what makes this system work. compromise. you get some of this, i get some of that. that's what it's supposed to be. >> yeah. >> and these militants on both ends that don't want compromise, well, i'm sorry. the last thing i can say on this, anderson, is cherish the constitution. don't trash it. and when i see people attacking the constitution, well, you know, there is a reason our military takes an oath to the constitution not to any individual. the constitution is -- that's the foundation upon which democracy is built, upon which it lives through, and cherish, defend it. and by god, please, my fellow americans, be grateful for what you have. the rest of the world envies us. >> it's good to have you on. thank you. >> thank you, anderson. coming up, a reminder that the covid crisis is far from over, sadly. a look inside one hospital that is overwhelmed with cases again, next. ♪ ♪ ♪ hey google. ♪ ♪ ♪ ♪ ♪ ♪ from the very first touch, pampers, the #1 pediatrician recommended brand, helps keep baby's skin drier and healthier. so every touch will protect like the first. pampers want to save on your home internet? xfinity is proud to support the emergency broadband benefit program. for a limited time, you may be eligible to qualify for a credit of up to $50 a month toward your internet service through this program. that's right! you could qualify for a credit of up to $50 a month toward your internet service and equipment. for even more value, switch to xfinity mobile, and you could pay as little as $15 a month for wireless. click, call, or visit a store to learn more. the omicron covid variant has been found in at least 25 states. but there is good news from pfizer in an israeli study showing the pfizer booster shot did well against omicron. still, experts are warning to keep an eye on the delta variant which remains the biggest threat right now. cases are up in 45 states. according to johns hopkins, the u.s. is averaging about 121,000 new covid cases each day. that's a 62% increase in one month, and hospitalizations are up 40% compared to a month ago. michigan is now one of the hardest hit states with covid hospitalization there's at an all-time high. cnn's miguel marquez has gone to one hospital in the state where it is deja vu all over again with health care workers desperately trying the save live. here is miguel's report. >> reporter: clive ellis, one of thousands of patients suffering with covid-19 stretching michigan hospitals to the breaking point. when did you know you had to come to the hospital? >> my oxygen numbers were down, in the upper 60s, low 70s. >> reporter: oh, dear, that's very low. >> yeah. >> reporter: what does it feel like? >> it feels like a wreck. >> reporter: unvaccinated. this is the 66-year-old's second bout of covid-19. whatever natural immunity he had. >> it's my second round of this is way worse. >> reporter: and this is worse than the first? >> the first one was bad. >> reporter: it didn't help. his message now -- >> would you encourage others to get vaccinated now, though? >> yes. >> reporter: how important it is? how bad is covid? >> it's terrible. you don't want it. >> reporter: still, there are those like 62-year-old deborah laroche, in the covid unit for a week now who says vaccination just isn't for her. >> i didn't want to be vaccinated. >> you did not want to be vaccinated? >> no. >> reporter: you think you'll get vaccinated after this? >> no. >> reporter: why? >> i should be okay now? >> reporter: you think? >> yeah. >> reporter: the sickness, death and seemingly endless suffering taking its toll on those who come to work every day to save lives at lansing's sparrow health. >> the other day i had my first panic attack, and i didn't know what it was. like i'm a nurse. i should know these things. and i drove to work and was just -- i couldn't get out of the car. what is going on. and it was a full-on -- after i sat there for a minute, oh, my gosh, i'm having a panic attack. i did not want to come to work. >> reporter: stress, tension, anxiety on the face and in the lives of every health care worker here. >> i've gone home a few days and had days where i just cry. and as a mom, it's really hard, because my kids then are challenged to see that. so i have to put on a brave front for them too. but it's awful. >> reporter: though most staff here are vaccinated, sparrow has no vaccine mandate for its workers and is still suffering a shortage of staff, worn thin by stress, endless sickness. >> on the front line staff, it is so hard. we had seven people die yesterday. their seeing all this death, and they're seeing the families left behind who are crying over the loss of their loved one who was unvaccinated that could have been prevented. >> reporter: hospitalizations here higher than ever. in just the last month, admissions to hospitals statewide have exploded, rising 88%. >> many of our hospitals who are no longer able to accept emergencies in their emergency department, we have almost every hospital who has people waiting in their emergency departments to get admitted. >> reporter: sparrow hospital now at triage level code red, the highest. no room for patients from other hospitals, electich procedures on hold. the wait for a bed once admitted as long as two days. its emergency department swamped for weeks. and how often is your emergency department overwhelmed to that level? >> we've been that way over a month. >> reporter: over a month? >> yeah. perpetually. perpetually. we've had that many emergency department patients in our emergency department that need to be on the floors. we're stepping on the hose up here. there is nowhere for them to go. >> reporter: meanwhile, health care workers, from the nurses to the doctors to those who sanitize and ready rooms for the next victim of coronavirus get up every day and go at it again. >> how does the stress manifest itself in your life? >> it used to just be on the days i'd come to work i'd be stressed out. but now it kind of carries over to knowing i have to come into work and do this. i love my job, i love what i do, and i can't see myself doing anything else. but it's just the heaviness that is here and working in these situations with these people who before they walked in the door, they had a normal life. they were healthy people. they were out celebrating thanksgiving. and now they're here with a mask on theirt can be more persuasive than that. sitting in the hospital on a ventilator. there is a percentage of the country i've learned that is simply going to be so distrustful, so reluctant that no matter what they're not going to get it. if you look at what's happening in michigan, happening in the midwest, there has been these waves of the transmission. we've seen this over time. we keep talking about these numbers as a country, but it's always been a bunch of regions. and so here in the south where i am, we had a significant sort of uptick, as you see there. that's the orange line. it's come down. and now you see what's happening in the midwest. on top of that, as miguel just mentioned, cooler, dryer weather. people are indoors more. more transmission as a result. and then you only got about 55% of the state is vaccinated. so that's a lot of unvaccinated people. let me show you quickly, again, to miguel's point. if you look at what's happening in the hospital, of the covid patients that are in the hospital, in michigan, 6%76% of them are unvaccinated. 87% of the icu unvaccinated. and 88% of ventilator. so it's significant. people are look at this in the rear view mirror. that obviously tells a different story. >> these nurses who are having panic attacks and having to hide crying because they don't want to upset their children and how it impacts their families, again, i don't know why the person who said she's not going to get vaccinated now bothers me so much. but what right does she have to make these nurses have panic attacks and, you know, affect her nurse's children? any way, sorry. just unbalanced. i don't -- it's why i couldn't be a nurse or a doctor, because i would just -- i would be livid, you know. it seems the height of arrogance. why is her life so -- why does she get to choose and then continue to be a patient and have negative impacts on the nurses and ruin their family lives? it just seems ridiculous. >> and these nurses and these doctors, they obviously keep showing up. they don't triage patients any differently based on vaccination status. it's really flummoxing to me. we see it here as well. you be in an icu, and you see patients lying prone, looking at ipads that nurses bring to them sometimes saying goodbye to their families, and you walk outside, and there is people who look at you strangely if you're wearing a mask. so it's this cognitive dissonance i think like i've never seen before, anderson. you and have i been doing this sort of job for a long time. i mean, there is always, again, a certain percentage of the country that is going to be so distrustful of anything, anything institutional, hospital, government, you name it. they have this distrust no matter what. but they see themselves as the guardians of the galaxy. they say hey, you're missing it. we see it. and unfortunately, as you point out, it turns into the story that miguel just told. the woman in the icu still refuses to get vaccinated. >> we're not all islands. we are connected, whether we want to be or not. you live in a community. you live in a society and you get benefits because of it, and there are responsibilities. any way, i'll get off my little soapbox. dr. sanjay gupta, i appreciate it, as always. up next, daunte wright's girlfriend describing her desperate attempts to save his life after he was shot by kimberly potter who was at the time a police officer who is now an ex-cop, who mistakenly used her gun instead of a taser. hear the testimony ahead. buy a car-- get this-- from their couch. oh, how disruptive. no salesman there to help me pick out the car i need. how does anyone find a car on this site without someone like us checking in? 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(gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th one of my favorite supplements is qunol turmeric. turmeric helps with healthy joints and inflammation support. unlike regular turmeric supplements qunol's superior absorption helps me get the full benefits of turmeric. the brand i trust is qunol. financial planning is finding your home away from home. ♪♪ and, it's designing a plan to help get you there. start a relationship with citi and earn a cash bonus when you open a new eligible account and complete required activities. wealth management is planning your path together. and, it's guiding you along the way. start a relationship with citi and earn a cash bonus when you open a new eligible account and complete required activities. dramatic testimony in the trial of the ex-police officer who said she accidentally drew her gun instead of her taser when she shot and killed 20-year-old daunte wright. wright's girlfriend describes trying to stop his bleeding with a belt and a piece of clothing after he was shot and she called his name as he gasped for air. >> i didn't know what to do, so i just put my hands over his chest, and i just trying to hold it in. >> reporter: painful testimony -- >> just tried to scream his name. >> reporter: details daunte wright's final moments. >> i just remember trying to -- trying to just get him up. >> reporter: 20-year-old elena payton was in the car with wright at the time of his deadly shooting. >> i just shot him. >> reporter: she testified they had only been dating about three weeks. >> i tried to push on his chest. and called his name. and he wasn't answering me. he was just gasping. like just taking breaths of air. >> reporter: officer kimberly potter's immediate reaction to the shooting was played for the court wednesday. >> oh, my god. i'm going to go to prison. >> reporter: testimony today focusing on the shooting aftermath further up the road. wright's car had crashed when a video call came in from his mother. >> it was a video call. she asked what happened. and then i pointed the camera on him, and i was so sorry i did that. >> put your hands up! >> reporter: moments later, new video show police approaching the car. >> put your hands up! put them up. >> wright was unable to comply. >> put your hands up! >> he can't. >> reporter: payton, who suffered a broken jaw, a concussion, and facial lacerations in the crash, was hand cuffed. >> put your hands behind your back. >> jesus. >> are you okay? >> yeah. he's probably not going to make it. >> reporter: several minutes after wright was first shot, new body cam video shows unsuccessful attempts to save his life. >> i understand the defense asked for a mistrial today. what did the judge have to say? >> anderson, outside the presence of the jury, the defense attorney did request that mistrial, saying, quote, he didn't see any evidence directed at the proof of guilt today. meanwhile, the prosecution said all evidence was admissible and needed to refute the defense's claim that wright caused his own death. the judge denied that motion for mistrial. court resumes tomorrow morning at 10:00 a.m., and an hour later here in minneapolis, minnesota, because of the expected snowstorm. >> appreciate it. thank you. we'll be right back. oh yeah, we gotta take off. you downloaded the td ameritrade mobile app so you can quickly check the markets? yeah, actually i'm taking one last look at my dashboard before we board. excellent. and you have thinkorswim mobile- -so i can finish analyzing the risk on this position. you two are all set. have a great flight. thanks. we'll see ya. ah, they're getting so smart. choose the app that fits your investing style. ♪ ♪ it wasn't me by shaggy ♪ you're never responsible for unauthorized purchases on your discover card. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ experience the power of sanctuary at the lincoln wish list event. hey, it's ryan reynolds. as owner of mint mobile my goal is to save our money so we can save you money. so by using this $400 stock video as our holiday commercial this year, we can afford to offer three months of free service on any plan, including unlimited i'm still not sure why someone made a stock video showing a snowman sitting on an explosive device that's about to blow. this doesn't seem very holiday but you know, worth it. charmin ultra soft has so much cushiony softness, it's hard for your family to remember they can use less. sweet pillows of softness! this is soft! holy charmin! oh! excuse me! roll it back, everybody! sorry! charmin ultra soft is so cushiony soft, you'll want more! but it's so absorbent, you can use less. so it's always worth it. now, what did we learn about using less? 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