>> we still have the historical things that are happening, the drugs, the gangs, the money. but so many more people are dying over small interpersonal days puts. >> they are using gun violence to solve petty beefs. >> reporter: it is a culture, it's a way of thinking. >> reporter: as the country grapples with the historic increase in the homicide rate and a re-imagining of police departments, back in austin, they are looking for solutions as fast as they can. >> we need to get ahead of that problem and as a community, as a city, that is what he we're doing. >> and that was ryan young reporting. thanks for watching. "ac 360" starts now. good evening. if all news is ultimately about the difference and the distance between then and now, then this was the biggest news night. funeral services in washington for the late senator bob dole. contrast between then and now was a stark and as sad as the moment. today was a reminder of a place, a way of doing politics, a set of values and a country that now exists only in words. paying tribute to those who once embodied it. >> he came into the arena with certain guiding principles. to begin with, devotion to country, to fair play, to decency. to dignity, to honor, to literally attempting to find the common good. that's how he worked with george mcgovern to find hunger in america. particularly, as it affected children and around the world. he worked with teddy kennedy and tom harken to bring down the barriers of americans living with disabilities. a profound change and profound act of grace. he worked with daniel patrick moynihan to literally save social security. because bob believed every american deserves to grow old with their basic dignity, basic dignity intact. >> we disagreed, the president west on to say, about his senate colleague of 25 years but we were never disagreeable with one another. by contrast, if only minor contrast, one of his republican descendants today, senator ted cruz, disagreeable not wearing a mask at the funeral which goes against the policy of the national cathedral where the ceremony was held. not to mention, the fact he was surrounded by hundreds of people, many of them elderly. yes, of course, it was performative potentially dangerous but that is where we are. where we once were was embodied by a senator who fought to liberate a don't then suffering lifelong wounds while trying to carry a buddy to safety. that's where we were. where we are is a far cry from storming the beaches of normandy. now, it's americans egged on by republican senators and congress members and the president at the time storming the capitol. late today, the house select economiee investigating that day issued subpoenas for six more people. one, a kron gregzle candidate backed by the former president, his campaigning on a promise to disband the committee if elected. so much for the dole-era notion of country over party that sent a delegation of senior republicans during watergate to the white house demanding richard nixon -- a republican president -- resign. now, not even a coup attempt could stop republican leaders from marching straight to mar-a-lago to lick the ring of the man who incited a violent mob to attack them. during watergate, a single moment on the so-called smoking gun tape shocked republicans into no longer supporting nixon. we are far less shockable now. too many of our elected leaders and others in public life have no sense of shame, whatsoever. just recently, a memo from the former president's lawyer laying out, step by step, how to overturn the election caused barely a ripple in the party. now, according to the select committee chairman, bennie thompson, a batch of documents handed over by former white house chief of staff mark meadows includes a january 5th e-mail containing a powerpoint briefing titled "election fraud, foreign interference, and options for 6th january." if, in fact, that also turns out to be step-by step instructions for a coup, will republicans see that the same way bob dole's fellow republicans did with the nixon smoking gun tape? it's doubtful considering they can't staund up to racist freshmen party members. >> one of my staffers on his first day with me got into an elevator in the capitol. and in that -- in that elevator, we were joined by ilhan omar. well, it was just us three in there and i looked over and i said, well, look at there it's the jihad squad. [ applause ] >> this is where we are. and the difference between then and now is measured in light years. make no mistake, bob dole was no one's idea of what the former president would call a rino. he was not a republican in name only. as gerald ford, running mate, he played the partisan heavy. when he ran for president against bill clinton, certainly pulled no punches but when he lost, he conceded graciously. >> i have said repeatedly in -- i have said repeatedly in this campaign that the president is my opponent, not my enemy and i wish him well and i pledge my support in whatever advances the cause of a better america. what the race was about in the first place. a better america as we go into the next century. >> my opponent, he said, not my enemy. but contrast the leader of the republican paerlt party today, the man stewing and sweating in mar-a-lago waiting for his future to begin is now feuding with perhaps his greatest foreign booster at the time, former israeli prime minister benjamin netanyahu. eff him, he recently told a journalist during a book interview. now, why you might ask would he say that to the former israeli prime minister? why would a former president of the united states say that about a former israeli prime minister that he embraced so closely and praised so lavishly? well, because benjamin netanyahu called president biden to congratulations biden. like hillary clinton did when she lost to the former president, signifying her opponent was not her enemy but it's not just one man's bottomless vanity and vitriol that distinguishes bob dole's america from today. nor, is it just the shamelessness of certain republicans or the party's tolerance for it. nor, is is it some with fealty fort big lie. it's all those dangerous impulses are now being turned into policy and turned into law. something another senior statesman cannot help but notice. >> if you have tilted, skewed, politically gerrymandered u uncompetitive districts, that's going to attract candidates who are more extreme and only care about firing up their base. which means, compromise becomes more difficult. which means a lot of voters simply get ignored. and that is bad for our democracy. rather than argue based on their ideas, they are trying to tilt the playing field and they're not even waiting for election day to do it. you know, their plan is to control state legislatures and congressional delegations before a single vote is cast. that's not how democracy's supposed to work. >> that is not how democracy is supposed to work, says former-president obama. more expect i have been on this all, eric holder, former attorney general in the obama administration. mr. attorney general, appreciate you joining us. you hear former-president obama as he campaigns against gerrymandering, which he want to talk specifically with you about in a moment. you hear him bemoan what is happening to democracy in this country and i am wondering on this day when the vestiges of i guess a by dgone washington gathered for the funeral of bob dole. what goes through your mind when you see particularly congress descend into further political extremism? >> yeah. i think about, you know, senator dole and the washington that -- where he was such a force. i came to this city back in the late 1970s and it's a fundamentally different place than it is now. we are far more polarized. we have at least one party that is focused on using the mechanisms of power to perpetuate their -- their power. and it is something that i think is extremely concerning. not only because of what it means in the short-term but what is going to be the long-term impact on the strength, the vitality of our democracy. >> you and president obama have been making a big push against gerrymandering. it's one of those things that people know the word, don't necessarily know the details of it. and it's -- can get kind of in the weeds very quickly. why is this so important? and what is, you know, what's your message to people who kind of roll their eyes when they hear about it? >> well, here is the deal. gerrymandering, you know, redistricting can get kind of opaque and i can see people's's clouding over but if you care about woman's right to choose, the expansion of medicaid, if you care about gun safety measures, if you care about climate. if you care about protecting voting rights. all of these things are decided by state legislatures. also, by the united states house of representatives. and if you have gerrymandered legislatures, that means that one side will decide an issue without the power, without the support of the people. >> i want to play something else that the former president obama said this -- earlier-this week. >> i know voting rights legislation in congress hasn't moved as quickly as any of us would have liked. and when democracy is being threatened by one party, it's frustrating to see the world's greatest deliberative body deliberating, rather than voting. but for those of us who want to shore up democracy, the task at hand is simple. >> when he says the task at hand is simple -- because officely -- what does he mean? i mean, obviously, republicans continue to support the big lie, the former president's grip on his party has only strengthened. and the democrats don't have big enough majorities to get voting rights passed. what happens next and is it simple? >> well, i think what he is saying there is expressing some degree of frustration. i mean, certainly people focus on what democrats have and have not done. we tend to give republicans a pass here. they are not doing anything with regard to passing some sane, um, you know, voting protection measures. but given the situation where we are now, we have deliberated enough. we have talked about this enough. it is time for a vote. it is time for democratic senators -- it's going to have to be the democratic party, not the republican party. it's time for democratic senators to decide do you want to be john lewis? or do you want to be john stennis? the measures before the senate. the john lewis advancement voting -- voting rights advancement bill. the freedom to vote act, which is authored by -- by senator manchin. are both really good pieces of legislation that deserve a vote. that deserve support. that deserve to be put into place. and if you pass the freedom to vote act, you outlaw, you will ban partisan gerrymandering. which will wipe it out and make -- make that something not -- that the american people have to be concerned with. >> in states, though, like illinois, oregon, maryland, democrats are also engaged in gerrymandering congressional districts and it's something carl rogue recently wrote about, criticized your push for fairer redistricting writing this isn't about fairness, democracy, or ending gerrymandering in redistricting. democrats want to elect more of their partisans to advance their agenda. so do republicans. the only difference is that obama and holder are hypocrites about it, claiming a higher purpose. i mean, this is something that democrats have engaged in and are engaging in as well, no? >> well certainly, have engaged in. what -- what democrats are -- are potentially, you know, guilty of in this cycle pails in comparison to what -- what republicans are doing. and here is the deal. i asked carl rogue will he stand for the creation of these independent commissions which takes the power out of the hands of state legislatures all together and lets the lines be drawn by independent commissions? i support that. i support the freedom to vote act, which would ban partisan gerrymandering. well, they say they support that. they say we are doing all these -- these terrible things and you look at texas. 95% of the increase in population in texas which got them two additional seats came as a result of increases in the -- in communities of color, with regard to the population there. and yet, what they did was create an additional majority-white district. they have reduced the number of competitive districts in texas all the way down to one. so there are, like, 37, 38 congressional seats in texas. there is only one that is competitive. so, if you are a republican in one of those democratic-safe places, your vote really doesn't matter. conversely, if you are a democrat in one of those republican safe spots, um, your democratic vote doesn't matter. and so, i am against all of that. i say let's just have a system where we have a whole bunch of competitive seats and let this be a contest of ideas and not who's got the best line drawing kpanlts. >> but the legislation you are -- are pushing and the legislation that the senate could pass. i mean, it's not going to be able to be passed without some sort of change to the filibuster. no? >> i think that's right. i mean, the filibuster has to be modified or it has to be done away with. it's an arcane senate procedure and again, those democratic senators are going to have to decide what is more important to you? the preservation of this arcane senate procedure? or ensuring that our democracy works in the way that it is intended? um, people need to understand, this is not a partisan fight that we are engaged in. it's not some petty partisan fight. we are talking about the future of democracy. when you couple gerrymandering with voter suppression and the subversion of our electoral infrastructure, which is going on throughout the country under the auspices of republican governors and legislatures. the future of our democracy is at stake. now, i am not being alarmist. i am not being hyperbolic. this is simply a fact. >> i mean, it's an interesting argument that you and president obama are making, which is that gerrymandering -- it encourages extremism. i mean, we all look at extreme candidates, you know, on both sides of the aisle. and -- and think, gosh, well, how did this -- how did this person get in? and often, it's because the district is so manipulated and i mean it looks like, you know, a modern-art painting. and i think a politician once used that -- that term about the district that he gerrymandered. that it's -- it's it -- it encourages extremism. >> that is exactly right. if you are in one of these safe seats, you are not concerned about a general election. you are only concerned about being challenged in a primary. and so, if you are in the republican party, it drives you further and further to the right. to be fair, if you are in the democratic party, it potentially drives you further and further to the left. you want to make sure that you don't get -- you don't get primaried within your own -- within your own party. and compromise in that kind of situation. working with the other side. reaching across the aisle is seen as a sign of weakness. and encourages a primary challenge and as a result, you don't see compromise. you see people taking more and more extreme positions and that is not good for our democracy. and you end up with positions that are inconsistent with the desires of the american people. you end up with minority rule, as opposed to the majority of the people having a say in the direction of the nation. >> attorney general eric holder, appreciate your time. thank you. >> thanks for having me. up next, the supreme court today keeping the texas abortion ban in place but allowing legal challenges against it. what does it mean for the future. roev. wade? 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(vo) ask your doctor if it's right for you. learn how we could help you save on imbruvica. ♪ ♪ ♪ "how bizarre" by omc ♪ no annual fee on any discover card. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ experience the power of sanctuary at the lincoln wish list event. the white house says president biden is very concerned -- their words -- by today's supreme court decision on the most restrictive aworgz law in the country. the court's allowing texas to maintain its near total ban on abortions after the first six weeks of pregnancy. but today's ruling also allows abortion providers to continue legal challenges to the law. the case has major imply kagszs obviously for abortion rights across the country. here's what vice president kamala harris said this afternoon. >> the ruling today is an attempt to undo, in interest of what is happening in texas and mississippi and around country is an attempt to undo 50 years of precedent and as far as i am concerned and as far as our administration is concerned, a woman's right to make decisions about her own body is nonnegotiable. >> cnn chief legal analyst, jeffrey toobin, joins us. also, former democratic texas senate senator wendy davis who blocked an abortion bill in the state during a 13-hour filibuster. senator davis, last spoke with you after you heard arguments in the case before the supreme court challenging mississippi's 15-week ban on abortions. you came out of that saying you thought the court was positioning itself to over turn roe v. wade. did you hear anything in today's decision that changed your mind? >> i didn't hear anything that changed my mind in that regard. and of course, what's happened now, anderson, is this law continues to be in effect in texas. it's now been in effect for more than 100 days. and the court left no opening whatsoever today for statewide injunctive relief. and instead, it's like it put us right back at square one. where essentially, the only way to challenge the law is for there to be some kind of a breaking of the law in order to move it into the court system and allow it to be adjudicated. but injunctive relief and the ability for these clinics to begin operating while the law is being challenged is nonexistent. >> jeff, what stood out to you in the decision? >> well, there were a lot of technicalities and a lot of procedure. but the substance is what mattered. i mean, this law remains in effect. and -- and what jumped out at me was chief justice roberts, who is nobody's idea of a liberal. who has voted against abortion rights almost entirely throughout his career. and he said, look, you know, we fra fought a civil war over the issue of whether states could nullify acts under the constitution. this is the state of texas passing a law that everybody acknowledges is contrary to roe v. wade and here for a second time, the supreme court, 5-4, is saying it's okay, leave this law in effect. that's something i have never seen before. it's something roberts, apparently, had never seen before. but i think it's indicative of how aggressive the conservative majority is going to be on the court on this issue and perhaps others. >> senator davis, the court did allow a ppotential avenue for abortion providers for challenge of the law. but it's always seemed like the point of the law was to make providing abortions so expensive and legally difficult, it's essentially impossible for them to operate in texas. does anything about today's decision change that? >> no, nothing does. and the only thing the report really opened in terms of a window today is to prevent state licensing authorities from basically taking the license of doctors away under senate bill 8. but it completely left in place the vigilante piece of this law. and what roberts was expressing his concern about today -- it was almost as though you could see him with his head in his hands wondering how these five justices are allowing something to go forward that essentially says the supreme court's decision-making and authority absolutely does not matter in this country anymore. and if this can happen in this constitutional right, it can happen for any constitutional right and unfortunately kavanaugh and barrett seem to express these same concerns during the oral argument a few weeks ago. and yet, they joined this opinion today that completely disregarded what this is going to do to supreme court authority going forward. >> but remember, too, you know, you can't see this case in isolation from the mississippi case, which was argued last -- last week. where the court -- the same five justices who were in the majority here, were -- were jumping out of their seats trying to overrule roe versus wade. so i think, um, the -- the -- the subtext of today's decision is, you know, this law doesn't really -- this procedure stuff doesn't matter because in a couple months, we are going to get rid of all restrictions on abortion. so, that's ti-- that's really where things appear to be heading. and the procedural niceties here will be forgotten by that point. >> senator davis, could -- i mean, if what you said is, you know, true about then this basically could impact states ignoring federal laws, ignoring the constitution, and making up their own rules. could you see this decision backfiring on this conservative court, for example, a state like new york passing or some liberal state passing a similar law on gun rights? >> if there was consistency with these five justices, i could see that this would create a problem. my concern is when you read this opinion, it is so contorted that i can see them wiggling around it and allowing some sort of interference when another constitutional law is being intruded upon. and i think that jeffrey's right. this is all about just drawing out this procedural playing field in order to litigate this fully here in the state of texas, we're probably going to be right up against june when the decision in the mississippi case is going to come out. we already know what it looks like to basically gut roe in texas. and i'm afraid that other states across the country are about to see it, as well. and i hope that america will wake up to the reality that roe is going away. women's liberty is going away. and this is going to have a huge impact on women's ability to participate fully in society and in the economy in this country if we don't do something about it in the political spectrum. >> wendy davis, jeff toobin, appreciate it. thank you. there is new information tonight on the omicron variant from one of the first studies done in the united states. we will tell you what it says and talk about it with michael osterholm. he protected accurately the impact of the delta variant, where he now thinks we're headed, next. and ride in a sleigh that really slays. because in a cadillac, tradition is yours to define. so visit a cadillac showroom, and start celebrating today. ♪ ♪ when traders tell us how to make thinkorswim even better, we listen. like jack. he wanted a streamlined version he could access anywhere, no download necessary. and kim. she wanted to execute a pre-set trade strategy in seconds. so we gave 'em thinkorswim web. because platforms this innovative, aren't just made for traders - they're made by them. thinkorswim trading. from td ameritrade. ♪ ♪ ♪ (sha bop sha bop) ♪ ♪ are the stars out tonight? (sha bop sha bop) ♪ ♪ ♪ alexa, play our favorite song again. ok. ♪ i only have eyes for you ♪ this is elodia. she's a recording artist. 1 of 10 million people that comcast has connected to affordable internet in the last 10 years. and this is emmanuel, a future recording artist, and one of the millions of students we're connecting throughout the next 10. through projectup, comcast is committing $1 billion so millions more students, past... and present, can continue to get the tools they need to build a future of unlimited possibilities. new cdc report shows that most of the 43 covid cases caused by the omicron variant ident dpied in the u.s. so far were in people fully vaccinated and a third of them had booster shots. most had mild cases. the delta variant is still the biggest worry right now. new infections in the u.s. are up more than 50% in a month. as we showed you last night, hospitals are in the brink in? hard-hit states including michigan. that's where cnn's miguel marquez spoke with some unvaccinated patients. >> reporter: this was worse than the first? >> yeah, the first one was bad. >> reporter: would you encourage others to get vaccinated now, though? >> yes. >> how important is it? how bad is covid? >> it's terrible. you don't want it. >> i didn't want to be vaccinated. >> reporter: you did not want to be vaccinated? >> no. >> you think you will get vaccinated after this? >> no. >> why? >> i should be okay now. >> reporter: you think? >> yeah. >> she's wrong. she should speak to the other guy who is in the hospital for the second time. the other patient -- well, anyway, a lot to discuss with michael osterholm, director of the center for infectious disease research and policy. professor osterholm, you say you know less about this virus now than you did a year ago, i understand. why is that? >> well, at this point, we have a number of different situations unfolding. both, the ever-increasing number of cases with delta. and then, on top of that now as we all know we have this new variant. the omicron variant which is surely much, much, much more transmissible even than delta but we may be able to actually skirt a disaster in the sense that it may actually produce much less serious illness across the board. that's still to be determined but so these are both playing out against each other right now as we watch that unfold. >> you heard this unvaccinated -- both unvaccinated patients in miguel's piece. 60% of eligible americans are fully vaccinated. only 25% have received a booster dose. how concerning is that? and do you think the definition of fully vaccinated needs to change to include a booster? >> well, let me just answer the last question, first. i think absolutely, we should be talking about three doses of the mrna vaccines to be fully vaccinated. two doses for the j&j vaccine. you know, when we think in this country we have done a pretty good job getting people vaccinated and in fact, we look at the state of vermont that has the highest level of vaccination in the high 70, low 80% level. and yet, last week they had the highest number of hospitalizations that they have had since the beginning of the p pandemic. still, largely led by unvac unvaccinated individuals. if we look at europe, right now western europe is really under siege with delta and they have a number of countries there that have vaccine levels well into the 80% level. much higher than ours. so i think it shouldn't be a surprise that what we are seeing right now here is this ever-growing situation with delta. and i can only say that if you look at the last several weeks, as you noted in the introduction, case numbers are continuing to increase substantially and i see that the situation unfolding for at least the next six to ten weeks. >> and -- and in europe, is it also -- it's just among the unvaccinated, as well? >> it's largely among the unvaccinated but as you point out also, we only have 25% of those who are eligible for a booster right now to get that. you know, i never liked the term booster. i've said all along and shared with you the fact that we really should have thought of these as three prime vaccines to begin with. or two prime for the j&j. you really do need that extra shot. and it surely can give you a big boost in protection. so, that's part of the challenge right now is we are seeing more and more breakthrough infections. fortunately, on a whole, they're not nearly as severe. if you are in intensive care unit, you still have about a 15 times higher risk of being there if you are not vaccinated than if you are vaccinated. >> back in august, you -- i mean, you predicted the delta variant would cause new daily cases to go back up over 100,000 a day. the country is currently averaging 117,000 new cases every day and the holiday season's only just begun. is it going to twet worse you think? >> absolutely, it's going to get worse. you know, anderson, we have a very interesting thing happen inning this country. much like we see around the world if you look at india, india had a major surge last april and may that went up very high and then came down relatively quickly back to baseline. that's what we saw in the south this past summer. the southern states, very high. up quickly, down. then, you saw a situation in united kingdom where the surge started in july. it went up high. came down a little bit. and then, went back up and it stayed there. that's exactly what we are seeing right now in the northern tier of states. if you had actually draw a line through the great plains, across minnesota, wisconsin, right now, across all the way toe to the northeast. those are states that are actually seeing these prolonged surges. what is also now emerging is if you follow the southern border of the great lake states and start looking out indiana, ohio, pennsylvania, new york, you are seeing now the emergence of a new surge. which is kind of merging with in existing surge and i think this really spells a real troubles for the country. >> michael osterholm, appreciate it. thank you. >> day three of the kim potter trial provided new insight into the fatal traffic stop shooting of daunte wright. cnn's josh campbell has details ahead. yeah. even unlimited. that's right. while the big wireless companies spend billions on holiday ads luring you into expensive contracts, we spent $79 on this stock video so we can afford to give you stuff for free. you gotta be into that, right? yes, you can't resist savings. there's a different way to treat hiv. it's once-monthly injectable cabenuva. cabenuva is the only once-a-month, complete hiv treatment for adults who are undetectable. cabenuva helps keep me undetectable. it's two injections, given by a healthcare provider once a month. hiv pills aren't on my mind. i love being able to pick up and go. don't receive cabenuva if you're allergic to its ingredients or taking certain medicines, which may interact with cabenuva. serious side effects include allergic reactions post-injection reactions, liver problems,...and depression. if you have a rash and other allergic reaction symptoms, stop cabenuva and get medical help right away. tell your doctor if you have liver problems or mental health concerns, and if you are pregnant, breastfeeding, or considering pregnancy. some of the most common side effects include injection site reactions, fever, and tiredness. if you switch to cabenuva, attend all treatment appointments. with once-a-month cabenuva, i'm good to go. ask your doctor about once-monthly cabenuva. there was new video shown today in day three of the manslaughter trial of former police officer kim potter. reminder, the case centers around the fatal daunte wright -- the fatal shooting of daunte wright during a traffic stop. there were also three witnesses who testified including potter's former supervisor, major michael johnson, who was the third officer to arrive at the scene. johnson's testimony and the new video shed more expect efb on the incident. our security correspondent josh campbell has the story. >> you are under arrest, daunte. >> reporter: new police video shown in court friday during the manslaughter trial of former police officer kim potter. the video captures the moment daunte wright jumped back into the car as officers were trying to place him under arrest. and the crash that followed. >> we are going to need additional units. >> reporter: more video showing the moments before potter says she mistook her gun for her taser when she shot and killed wright during an attempt to arrest him for an outstanding warrant. >> warrant is for the weapons violation. >> reporter: testifying friday, a police major who arrived just before the shooting and then tried to comfort potter at the scene -- >> kim, that guy was trying to take off with me in the car. kim, take a breath. okay? >> reporter: describing his reactions that day. >> i heard the verbal command of taser, taser, taser. and then, i heard a loud pop. i thought at the time that it was a taser. >> reporter: and testifying that he tried to grab the car keys to keep wright from fleeing. >> i saw him going for the shift knob. and i started backing out of the vehicle. >> reporter: the defense seizing on wright's attempt to resist arrest. >> what's an officer supposed to do when you are executing an arrest warrant for a weapons violation and trying to find out who the lady is when somebody does that? are you supposed to let him go? >> no. >> what are you supposed to do? >> put them under arrest. >> if they try to get away, use force, correct? >> yes. >> during that time period, did daunte wright, at any time, show any sign of stopping, giving up, saying okay i'm done? >> no. >> reporter: the defense also asking about a state law regarding the police use of service weapons. >> and if he had taken off with you in that car halfway, what would have happened to you? >> probably dragged. >> would it be fair for that officer to use a firearm to stop him? >> by state statute, yes. >> there is a statute that says to avoid death or grave bodily harm, you have a right to use deadly force, correct? >> yes. >> reporter: and hammering that point home for the jury. >> as far as you're concerned and you were there, kimberly potter would have -- would have had a right to use a firearm, right? >> yes. >> reporter: the major's body cam footage, then, shows the moments after the crash. confusion. another officer stopping to help as officers were dealing with two crime scenes. >> driver stopped breathing. >> oh, my god! >> reporter: and growing concerns about potter's mental state. the major testifying he removed her gun so it could be seized as evidence and replaced her gun with his own. later, going back to remove the ammunition. >> another officer was concerned that she may harm herself. discretely asked if i could see my firearm that was in her holster. i was able to turn away from her with my firearm, remove the magazine from it, and the one round that was in the chamber. she was not able to see. >> reporter: that moment, caught on police video. >> giving you my gun. okay? i am just going to hold onto yours. all right? kim, can i see my gun real quick? i am going to give it right back to you. okay? >> that was josh campbell reporting. i want to bring in criminal defense attorney sara azari. sara, you have represented both officers and civilians in use of force cases. why do you think the prosecution called kim potter's patrol supervisor as a witness? >> i think that was a horrible choice, anderson, because this witness became the defense's use-of-force expert. and this case really is not about whether use of deadly force was justified. although, that is usually the issue in these cases. here, we're looking at whether she acted with criminal negligence and whether she mishandled her weapon. and so, the idea is did she know right from wrong? did she know yellow from black? did she know what is on her left side versus her right side? and now, they opened up the door for the defense, as we saw, to come in and get him to admit on cross-examination that, you know what? good on -- good on potter to shoot even if she did make a mistake, she was justified in that mistake because this guy could have died. >> so, you -- it it's -- um, what is -- how can the prosecution recover from that? i mean, how -- that certainly could impact the jury very strongly. why do you think the prosecution seemed so unprepared for his testimony? >> i mean, i think a part of it, anderson, i'm not sure if it's lack of preparation. i just think it's a bad choice when we put up witnesses and select witnesses, we don't have -- we don't need to put up every damn person or officer that was at the scene. we got to choose and look and balance what they can say that might hurt us, what they can say that might help us. and in this case, i think it was just a bad choice. they went for the overkill. he was the supervisor, he was there. we'll bring him in and i what they need to do is they should have come back right on redirect and cleaned this up. but they didn't and i think it was just like let that be. but i think in cloe closing argument and through other witnesses, they need to clean this up and really hammer in that she meant to use her taser. this is not about her gun. she kept saying taser, taser, taser. so, that's the real issue and in closing argument, they need to say ladies and gentleman of the jury, you know, all this chatter about the gun and this guy dangling from the car, ignore it. it is kind of embarrassing because it's their own witness but ignore that because you are not here to decide that. you are here to decide whether she acted with criminal negligence or mishandled her weapon. >> so that's the difference? i mean, if she meant to use her taser and said taser, taser, taser, just made a mistake on that. a deadly mistake. that would be mishandling a weapon? >> right. under minnesota law, first-degree manslaughter is mishandling a weapon. it's a lesser offense but that exposes her to the manslaughter and first degree. second degree is if she acted with criminal negligence. and so, of course, the defense is saying she is a human being. but she's an officer with 26 years of experience. so that's really what the dispute is, not that she meant to use a taser. >> sara azari, appreciate it. thank you. with we have breaking news in another court case. -let prosecution rests in the ghislaine maxwell trial, not before graphic allegations from an accuser. we will bring you that and look at the questions of transparency over evidence submitted in the trial. ♪ limu emu... & doug ♪ ♪ superpowers from a spider bite? i could use some help showing the world how liberty mutual customizes their car insurance so they only pay for what they need. 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[ marcia ] clearchoice dental implants gave me the ability to take on the world. i feel so much better, and i think that that is the key. small businesses like yours make gift-giving possible. now, comcast business has an exclusive gift for you. introducing the gift of savings sale. for a limited time, ask how to get a great deal for your business. and get up to a $500 prepaid card with select bundles when you switch to the network that can deliver gig speeds to the most businesses. or get started with internet and voice for $64.99 per month with a 2-year price guarantee. give your business the gift of savings today. comcast business. powering possibilities. ghislaine maxwell sex traff trafficking trial. the prosecution rested. a further and final accuser took the stand today and testified that acceptstein sexually abused her and maxwell groomed her and gave her an unsolicited massage. defense attorneys moved for an acquittal but was denied by the judge. questions are shrouding the trial after flight logs were heavily redacted. >> reporter: frustration and grumbling as flight logs from convicted sex offender jeffery epstein's private planes appear in court. many of the names redacted, blacked out. to protect whom? alleged victims names were hidden. who are the others onboard and why haven't they been named publicly? defense lawyers raising the issue by one of epstein's long-time clients, saying counsel for the government was referring to certain flights and noting epstein and/or maxwell were on the flights and would say others without naming those individuals. the judge responded in agreement, wondering why so many names have been kept from view, calling the flight logs overly redacted. the prosecutor tried to explain saying there was no particular reason. adding she didn't think they were relevant to question she was asking. the judge seemed to have had enough and insisted that more of the flight logs be shared in court. the prosecutor citing how time intensive that will be, asking to be given the long weekend break to work it that didn't stop some infrom reportedly suggesting the case was rigged to keep some people out of the spotlight. this isn't the first time prosecutors in the government's case appeared to be operating under cloak and dagger. when an alleged victim testified this week she told the court she had been to epstein's palm beach home more than 100 times, usually two to three times a week. but the question is, who else was there? carolyn said maxwell and epstein were often there, but also testified that epstein brought two male friends on different occasions into the massage room. she never said who they were, nor was she asked by the prosecution to elaborate. she also haired how at other times older women joined in and how a different woman came another time. and there was more apparent equally last week. this time in the form of a video. in court prosecutors showed a 40-minute video taken in 2005 during a search of epstein's mansion. the video was hidden from public view and just shown to the jury. ghislaine maxwell's defense attorney argued it sent the impression his home was, quote, a domicile of debauchery, arguing 39 minutes of the video should have been in the public domain. the judge agreed with the defense, ruling that several photos from inside the home and a redacted version of the epstein palm beach house video can be published for the public despite being filed under seal. >> why would the flight logs be redacted at all? there are so mean conspiracy theories about who was on the flights. why not publish the whole thing? >> absolutely. now we know that the prosecuto prosec prosecutorsing -- prosecutorsing going to work through the weekend. we should find out who these people who might have been on the flights rn were maybe as early as next week. question is why haven't the names been released already? there is a few theories. perhaps the prosecution is trying to keep a narrow focus for the jury, not to be distracted by high-profile names if that's what 's in the flight logs. another nearly might be that the prosecution is trying to protect some of these people who might be high-profile who might be in the flight logs who didn't ask to remain anonymous. we don't know. we dou know some of the people listed from a couple of the pilots who already testified in the trial. we know bill clinton, donald trump, prince andrew, bill gates, the actor kevin spacey, they have been on the flights. i should note there isn't any wrongdoing connected to any of those people in court as related to this case. >> appreciate it. we'll be right back. unlimited cashback match... only from discover. and that's just basic wavy guy maintenance, right? next up, carvana. oh, boy. carvana just doesn't seem to understand how the test drive works. they give their customers seven days. and if they don't like it, they give 'em their money back. wait, they take the car back? that's crazy! what if it was driven by like a zookeeper? or a mud wrestler? or a guy who's on the outs with the missus and he just needs a place to sleep for seven days? yeah. (vo) buy your car online. love it or return it. with carvana. over to michael smir conish. >> thank you. welcome to cnn tonight. i want to talk about the politics of inflaktion. this is important stuff. a president with sinking approval numbers who desperately needs a win instead just received a double whammy. and the result might cost him a last chance to pass his massive social spending bill before the end of the year. and if he doesn't get it done now, he will have to