watching the proceedings from the courthouse and joins us with the latest on the trial. quite a day, my friend. skanky it was. >> it was quite a day with kyle's mother crying in the courtroom. the now 18 -year-old attempted to explain the first deadly encounter with joseph rosenbaum and fell apart himself. >> i look over my shoulder, and mister rosenbaum mister rosenbaum was now running from my right side and, i was cornered from in front of me. >> ultimately, he broke down in tears on the stand and they had to take a break with the court room, but he pulled himself together and explain what happened at the car source location about a quarter-mile from where i'm standing right now. he said that rosenbaum was grabbing for his weapon, in fact reached his weapon and that's when he fired ultimately four shots, one of them proving to be fatal. then he got up and ran northbound on sheridan road when he was hit with a rock, he was kicked in the head, and anthony huber twice hit him with a skateboard. he turned and fired what was a fatal shot to anthony huber, and then he talked about being confronted by another man saying once he pointed the pistol that we saw in the video, that he had with him, that he fired that shot that hit him in the arm. a very insistent that all of the shots that he fired were in self-defense. and then you've got the prosecution stepping up on tom's finger taking over as far as the cross-examination and he really wanted to get into the intent and you could see that kyle rittenhouse was not going to take the bait and see that he entered did to hurt people, but rather that he intended to protect himself. to get you intended to kill them, correct? to get i didn't intend to kill him, i tried to stop the person who was attacking me and trying to steal my gun. >> ultimately they got into some of the dialogue regarding kyle possessing the weapon underage. that is one of the charges he will face, he no longer faces a curfew violation but in terms of possessing the weapon underage that is a a pretty clear-cut charge in this case. the ones that will be subjective are reckless and intentional homicide, and reckless endangerment. >> by the way, just for folks continuing to watch here, the trial is in a one hour break. we will go back to the trial as soon as it resumes so don't go anywhere, lots of analysis, context, and perspective on that and other stories until the child gets back underway. to get new developments in the investigation into the origins of the russia pro, directly involved members of the biden white house. fox news is confirming that the national security adviser jake sullivan is the unnamed foreign policy advisor in the indictment of a former hillary clinton campaign lawyer. according to the court filings, the false information that sullivan received about the trump campaign alleged tries to let russia is partly responsible for the fbi's investigation into the former president. all of this happening as a russian national pleads not guilty this morning for lying to the fbi over the now debunked dossier. they are demanding accountability who promoted those lies. we have this story coverage for you. former state department spokesperson will join us live, you will remember she bait big news and headlines yesterday confronting congressman adam schiff on the dossier on the view. first, the u.s. district court. >> good afternoon. the russian nationals name as igor, as you mentioned, he pleaded not guilty. his trial is tentatively scheduled for april of next year april 18th of 2022. he is charged with five counts of lying to the fbi and special counsel john durham's probe looking at the origins of the trump russia investigation. i caught up with him outside the courthouse this morning and asked him if he had a comment. he was silent, special counsel says he was the primary source for british spy christopher steele who compiled that widely talked about yet debunked steel dossier, a file full of accusations about former president donald trump. the indictment alleges he liked light to the fbi about working for chris steele as his primary source of information. special counsel durham investigation into the origins of that probe made its way into the biden white house as you mentioned jake sullivan's name, he is the unnamed foreign policy advisor mentioned in one of durham's indictments, another indictment, this was about michael sussman, sussman was charged in september with lying to the fbi for failing to disclose his work for the hillary clinton campaign when he delivered information about alleged connections between donald trump and the kremlin via a russian bank. that information turned out to be false. according to the indictment another campaign attorney exchanged e-mails with that foreign policy advisor who we found out through sources was jake sullivan. >> we have no evidence that sullivan is being investigated for a crime, but what we're seeing now is this multilayer connection between the clinton campaign and this scandal. it seems very clear that durham believes that this was basically a campaign efforts to dupe the fbi and the fbi fell for it. >> there is no indication that he is a target in the probe we reached out to his office several times and no comment yet. >> david reporting live from alexandria, virginia for us. >> let's bring in morgan ortega's come up morgan, it's great to see you. we've talked to others who say that the indictment leaves little doubt that the entire dossier was predicated on a lie and therefore the trump investigation into russia collusion likely was as well. that was a falsehood that was heavily promoted by the congressman adam schiff of california who you went head-to-head with yesterday. let's rewrite the tape and play this from the view yesterday. >> but you had information yourself for years by promoting this. i think that's what republicans and what people who interested you are so confused about, your culpability and all of this. >> i completely disagree with the premise. it's one thing to say allegation should be investigated and they were, it's another to say that we should have seen an advance that some people were lying to cristobal are still which is impossible possible of course to do, but let's not use that as a smokescreen to somehow shield donald trump's culpability for inviting russia to help in the election, which they did. none of that is serious misconduct is in no way diminished by the fact that people lied like to christopher steele. >> i think it your credibility. >> i was trying to deconstruct that whole thing. he seemed to acknowledge that people were lying about it, but it didn't diminish donald trump's culpability in being involved in something that was a lie? i couldn't quite wrap my head around it. >> there is a lot of issues being conflated by the congressman they are. i think the big problem is that we always knew that this dossier come at the media always knew it was unverified, members of congress knew this. adam schiff either being the ranking minority leader on this intel committee know that the democrats are in charge, he is the head of that committee, giving his prestigious position in the intelligence community, he has given extra special briefing so to speak that are different even from what other members of congress get. so he understands intelligence, he understands how all of this works. so he really took a document that was totally unverified, that had not bent vetted properly by the fbi or anyone, and he promoted it, he defended it, as i pointed out yesterday he read it into the congressional record so because of his stance on the intel committee commit members of the media took this hook, line, and sinker and believed everything he was saying because they thought and he implied this, but they thought oh he's got to have some sort of special access and information we don't know about that proves that the dossier is true. while now we have learned that people are being indicted who were involved in this dossier, they're being indicted for lying and it's quite possible that this is just a russian disinformation project. it's kind of mind blowing it is confusing, but essentially, we had president trump accused of russia disinformation for years when actually congressman shifted that for them. >> we go back to the moments where he stood up and said there was ample evidence of collusion on the part of the former president. what was the reaction you got? i was so curious because rarely have we seen adam schiff put himself in the position to be questioned like you did, morgan. >> i just want to say thank you to the view into the producers for allowing me to be on and giving me that opportunity. i know it's important for a lot of conservative women in america to be represented on that show. and i was, they let me be there on an incredibly important day. when i realized that adam schiff was coming on i thought my word, this is an opportunity that almost every journalist i'm friends with wants, to interview. by the way, it's not just conservatives, not just people who are for more right leaning outlets that want to question him. i have several friends that are very very mainstream prominent publications that wanted to have interviews with him and haven't been able too. i will say in the moment, i will confess my hands we're shaking a little because i knew it was incredibly important not for the republican party, but for everybody who wants to seek truth and justice. i wish he had reflected a little bit more on perhaps may be for five years, he got something really really wrong. i think he's been so obsessed with stopping president trump because he thought he was really bad and evil, i think he was obsessed with stopping him that he took a lot of shortcuts and took a a lot of political opportunities and really politicize the intelligence community and politicize the documents in every way that never should be. when you politicize the intelligence, it just ends up making you look step stupid in the end. >> quite a moment you had yesterday. thank you for joining us to talk more about it. >> it's one thing i talk to brian about earlier today is how long did mueller spend investigating this? how much money did he spend investigating it? he never uncovered anything that they durham's uncovered. was it because it wasn't there to find or is it because he didn't go looking? >> there are big questions over what the implications are. we will keep asking those questions. house speaker nancy pelosi taken to task after she is seen at this wedding without a face mask on. why critics say it's another prime example of democrats saying rules for the e, but not for me. >> the supply chain disruptions higher prices with inflation increased at its fastest rate in decades just last month. we will weigh in on that coming up next. >> i have two kids in school. it doesn't matter what you buy, everything is going up. that is a fact. [ chantell ] clearchoice dental implants changed everything. my digestive health is much better now. i feel more energetic. the person that i've always been has shown up to the party again. 's the line at two and a quarter percent, 2.48 apr. so every veteran home owner can save. veteran homeowners, newday usa is holding the line on interest rates. the newday two and a quarter refi is the lowest in their history. two and quarter percent, just 2.48 apr. save thousands a year. >> house speaker nancy pelosi now facing backlash after being spotted massless at a lavish wedding with a large group of people in her home state, california in the city of san francisco. the san francisco mayor was also at the wedding. some critics are calling it the latest example of democrat hypocrisy as children in california are forced to mask up while they are in school for the entire day. you remember the lawmaker also came under fire for this visit to a san francisco hair salon last year despite local ordinances shutting down because of the pandemic. she was allowed in. video also showing that she did not wear a mask while inside that salon. that was august of 2020. >> but don't forget, she was set up by the salon owner. >> and remember speaking to that salon owner, but we're not trained to be the masked bullies, but you should remind people that feel that they need to take it off to perform a wedding ceremony that teacher standing in front of little kids who need to learn every day, i can't take their masks off to teach the kids. >> and don't forget to do in san francisco and now in new york city, they are thinking of making children's between five and 11 carry around their vaccine cards as well as the mask. >> that one got you. >> kindergartners have to show their id. >> maybe we should put it in a little id card and hang it around their neck. we are going to talk to joe piscopo about this in our next hour here on "america reports". you got to know that joe has got something interesting to say about this. president biden will visit the port of baltimore. how it could nate ease nationwide backlogs for the supply chain crisis holding the products at the ports and leaving storage shelves empty across the country, and now the chaos could make it harder to celebrate thanksgiving with shortages in staples like cranberry sauce, ems, with the new inflation numbers, but we begin with jackie heinrich live from the north long, and not good news when you look at the consumer price index for last. >> we are about to hear the president paint a pretty rosy picture over his last ten months in office he's going to tout some of the things that his administration has done to get the supply chain moving. he's also going to frame that bipartisan infrastructure deal as a solution to all of this and a win from his administration. we don't expect him to take any questions and there is no brief freezing today to be able to challenge the white house, challenge the administration on this picture that their painting given that new department of labor data showing inflation hitting a 31 year high in october. 6.2 rupees percent with prices rising for food, energy, shelter, forbes is also reporting american consumers received over 2 billion out of stock messages in october while shopping online. that's a 325 percent increase compared to october of 2019. the market research form shows that last year's toilet paper outage has turned into this year's missing turkey around thanksgiving. in stock are not far from the rates that we saw at the height of the pandemic in march of 2020. the president said yesterday americans are going to start to feel relief when congress passes a social safety net bill, which is paid for in part by raising taxes on corporations and the rich. >> i know a lot of folks [indiscernible], i know the cost of gas and rent seems to be harder and harder to handle. that is why we had to pass my build back better plan. >> the transportation secretary who has faced criticism for not being more visible as this crisis unfolded has also given this reason for why the supply chain issues and shortages have pretty assisted. >> i would not ignore the issue of child care or safety, some people are still concerned about returning during the course of the pandemic. i would point to the fact that we have just seen a huge expansion in the economy especially over the course of the last year. the president will announce concrete steps at his remarks to get these things moving to address the investments in ports, waterways, and get the infrastructure grants out. we expect to hear from him later on today. >> we look forward to that. jackie, thank you. >> for more on all of this, let's bring in the former speechwriter mark, great to see you. do you think that the white house analogy realizes how big of a problem this is for the average american family? >> know they're not, they're telling people don't believe your lying eyes and you're wallets. the reality is these things our hurting people incredibly hard. a few weeks ago the new york times reported that thanksgiving was going to be the most expensive in the history of the holiday the price of everything from turkey to coffee to aluminum roasting pans we're going up right now we learn from the wall street journal that that is if you can get those things. turkeys are 60 percent sold out. ems are 25 percent out of stock. cranberry sauce 20 percent out of stock. we have higher prices and lack of availability, empty store shelves when it comes to your thanksgiving dinner and if you want to get to or go to your relatives drive to your relatives for a thanksgiving trip, gas is $1.31 more expensive now than it was a year ago at a seven year high and gas prices. by the way, if it's a cold day on thanksgiving, guess what, the price of natural gas is up 180 percent which half of the houses in the country are fueled by natural gas, so you're heating prices will go up. everything is going up and they're saying the economy is great, extraordinary success. most people don't feel it. >> it's hard to believe. and i chatted with you earlier because it really appears the white house doesn't see this the chief of staff this morning retweeted at usa today opinion piece that you would think all is well in the world and there is no skyrocketing prices or empty store shelves. in fact it talks about workers pay up, and that is one area where the white house takes a victory lap because wages have gone up, but that's not a lot of help to the average american worker if the price of everything is going up at the same time. our friend steve moore makes this point this morning and says american consumers are paying a steep price for biden's policies, for tens of millions of americans who are not rich, transitory inflation is feeling more like runaway inflation. worker pay is rising at about 4 percent, that is the good news. the bad news is consumer prices are rising closer to 6 percent, which means in purchasing power terms, paychecks are shrinking. >> if you look at the piece that ron claimed tweeted out, he is citing the feds inflation the core inflation index which doesn't include his energy and it does include food. it doesn't include gasoline or home heating oil. it doesn't include the price of your turkey, may be the cost of the g.i. joe with a the thieme grapes for christmas, but that's about it. they're not talking about reality. we're not talking about the reality of what americans are feeling. if you're the president or in the white house and you're saying that everything's okay and things are doing better and it conflicts with the lived reality, that's why they lost in virginia and that's why they're on track to losing 2022. i want to put this up there because they shock headlines are out there, to your point are there any lessons learned from what we just saw in those elections? the daily mail this morning inflation source 6.to percent highest in 30 years, the price of gas jumped 60 percent meet up 24 percent and you break it down and it's a lot of pain out there in particular at the pump, heating your home this morning this winter will be expensive. thank you for helping take us through it it's always great to have you on. >> he always does so so eloquently. we are standing by for the start of the kyle rittenhouse trial. we will take you there. also the vaccine mandate plan could a new federal lawsuit block its implementation? >> another rocket school board meeting last night. did you hear about this one? why are the parents no longer asking for board resignations there? we will explain that one next. >> parents are ready to reclaim their parental rights especially at the level of education, we are seeing that across america. >> tech: when you get a chip in your windshield... trust safelite. this couple was headed to the farmers market... when they got a chip. they drove to safelite for a same-day repair. and with their insurance, it was no cost to them. >> woman: really? >> tech: that's service the way you need it. >> singers: ♪ safelite repair, safelite replace. ♪ what makes new salonpas arthritis gel so good for arthritis pain? salonpas contains the most prescribed topical pain relief ingredient. it's clinically proven, reduces inflammation and comes in original prescription strength. salonpas. it's good medicine. ♪ >> the loudoun county school board meeting last night turning into a shouting match after the teaching of critical race theory and. parent groups file for schools has filed a petition against the board chair with more than to thousand signatures. >> this board has overseen the education leaders in the history of this country that is not hyperbole. take it we are here. as of 3:30 p.m. today we are now in court. >> that was yesterday. life in washington with the very latest. >> sandra, good afternoon. a group of angry parents say the school violated their first amendment rights by restricting their speech during those he did school board meetings and instead of continuing to call for members to resign, they are now going after their seats in court. take it you've lost the trust of this county. you are a laughing stock in the country when it comes to school boards. >> so this recall announcement came as the first lounge in county public school board boards meeting since virginia voters and a republican in a governors race over his stance against teaching critical race theory in schools. it also comes just as the district hired a law firm to conduct an independent review of student sexual misconduct at two of these schools. the superintendent if you remember originally denied reports that a 15 -year-old boy wearing a skirt a female student in the bathroom and then later admitted to it. the district denies a cover-up, parents have been collecting these signatures since report surfaced about a private facebook group called antiracist parents of loudoun county that was apparently compiling a list of opponents of critical race theory to try to intimidate them. according to local reports the chairwoman responded to this petition by saying you know what, her job is not always easy or popular, but she will see this recall process through. wow, just continues they are in loudoun county, and then these parents, you feel for them. i mean every parent right now has a lot on their account plate, but when you have this level of frustration with what is happening in school board meetings and in our schools. i think what upset parents as they are being told one thing by the school board when the reality is something quite different. on that some of the incoming attorney general says that his office is going to investigate that, so there is going to be a lot more we will hear about that in loudoun county in the coming days and weeks. to get federal judge will start hearing the state of arizona suing president biden over his controversial order that requires private sector businesses with over 100 employees to either be vaccinated or take a weekly covid test. , good to see you, the mandate is scheduled to take effect on january 4th, you are hoping that a federal court will intervene and prevent that. you asked for a temporary injunction just a few days ago. frame for us the argument on why you think the mandate as a bad idea. >> john, thank you for having me on. this is one of several lawsuits going on. our lawsuit is the first one in our focus is on the biden administration attempting to have federal employees and federal contractors mandate that their employees get the vaccine. we think it's clearly unconstitutional, the president has no authority, it sets a very dangerous precedent because at the end of the day, our u.s. constitution can't be masked, it can't be distance and should never be canceled. that's what the biden administration is trying to do use this covid crisis in order to take unprecedented power that the federal government doesn't have. could you say you're making the constitutional argument, but there has to be a harm that you are concerned about. what is the harm to employers or employees that you are worried about? >> the logic of the biden administration, it came up literally a few minutes ago in an argument. the biden administration believes because of public health reasons and insurance premium reasons that they can essentially do anything they want to government contractors. by that logic, you could have boeing for example stop letting their employees into mcdonald's or you could have people at raytheon the federal government telling them they can't have sugary sodas anymore, so their logic is essential, they want to micromanage the lives of every single person that has either works for the federal government or has a contract. it's really dangerous because you think about president obama famously seeing he's going to use a pen and a phone apparently the biden administration needs that procurement act. they're using that for the government to essentially dictate to 100 million americans how they should live their lives and what they should be forced to put in their body. i think it's not only unconstitutional, but it's a violation of administrative procedures act, the president doesn't have that kind of authority. to get their something interesting about the case the state of arizona, but then also a federal employee who who has anonymously been listed in the lawsuit as john delk. the department of justice is now doing everything it can to unmask that person's identity. what do you say to that? >> i would ask all the viewers to think why are they doing that? because under the law and under the constitution it's irrelevant who john doe may or may not be. the far left, especially the biden administration, you saw this in the story on loudoun county, they want to basically define, defame, and shame anyone who disagrees with them. i think this is an attempt by the biden administration in his department and his department of justice to intimidate people trying to exercise their constitutional rights. it pains me as a first-generation american to think about the fact that we have a weapon eyes to doj now and now the biden administration essentially wants osha to basically it micromanage micromanage you and your personal life. >> you know, as many people might remember one of the most famous supreme court cases in history, the plaintiff was anonymous and the federal government was happy to have that. i'm not sure why they want to unmask john doe in this case unless it's to stop other federal workers from coming forward. >> a lot of fireworks, tears, emotions running high on day eight of the kyle rittenhouse trial. rittenhouse breaking down on the standard short time ago and the judge slamming the prosecutor at one point over his line of questioning. we will take you back to that trial when it returns from recess and that is expected at the top of the hour. get u.s. energy officials with forecast for the home heating prices this winter. wait until you hear how much you could be shelling out to keep frost off your couch. homeowners. news forn newday's refi rate is the lowest in their history. two and a quarter percent. just 2.48 apr. one call can save you thousands every year. and it's easy. there's no money out of pocket and no upfront fees. and while some banks are raising their rates, newday is holding the line for veterans. lock in your rate. is struggling to manage your type 2 diabetes knocking you out of your zone? 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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. >> a fox news alert. get ready for sticker shock on your home heating bill this winter. the cost of propane, oil, gas, all projected to skyrocket. a lot of people are bracing for this, for skyhigh prices. >> sandra, the outlook is bleak no matter how you heat your home. look at the numbers, propane users for home heating are going to see the highest spike compared to last winter up 54 percent, those who heat their home with heating oil and natural gas can expect to pay quite a bit more too. electricity is up about 6 percent from last winter. these numbers you see on your screen could get even higher if it's colder than normal winter. part of what is driving up prices for oil right now is the mismatch between oil supply and oil demand which has basically recovered to pre- pandemic levels. refineries like the one you see behind me could process more oil , but unfortunately, they don't have the supply because we are not producing enough of it right now. republicans have been critical of president biden in this respect, they say that part of what is driving up prices as his pro- renewable energy anti- fossil fuel policies. >> at the same time they are pressuring american companies to reduce production you have the president of the united states begging opec to increase production. this is how crazy the left has become and the consequences are going to be on american families, particularly in our state and across the northern part of our great country. to get new consumer price index numbers out this morning show that specifically energy prices are up about 30 percent from just a year ago. that is the biggest one year increase since 2005. >> we had this conversation and we're talking to john about this this morning as we try to wrap our minds around why we continue to have the federal reserve looking at this price spikes as transitory. you ask yourself why are they not changing strategy considering prices keep going up. but one should note that when the fed looks at inflation, they stripped out the ever volatile food and energy. when you don't have the skyhigh fuel prices in there, sure, it doesn't look so bad. this is a reality many americans will face. >> and used cars as well. they are driving this. they are factored in. energy up 30 percent. that's an unbelievable number. up 4.8 percent in just the last month. like you said, the word transitory has been thrown around so much, but we don't see an end in sight right now. >> grady, thank you. >> i guess it depends on how you define transitory. life is transitory. >> not permanent as the way the fed says they are describing that. he get not permanent, but also not going down. >> that is by definition. there are forecast for a very cold winter in most parts of the u.s. >> you always have the good news. that was a little downer. sorry about that. >> is stunning moment as kyle rittenhouse takes the stand in his own defense. he says he was defending himself that night in august of 2020. prosecutors say he was the aggressor and intended to kill when he fired his rifle. the trial is set to resume any moment and we will take you back there. >> the push for transparency by china over the origins of the covid pandemic. what are the chances that investigators find the source given the time that has already passed? 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(tiger) this is the dimension of imagination. ensure complete! ♪ ♪ hello, for the last few years, i've been a little obsessed with chasing the big idaho potato truck. but it's not like that's my only interest. i also love cooking with heart-healthy, idaho potatoes. always look for the grown in idaho seal. veteran homeowners. while some banks are raising their interest rates newday is holding the line to keep their rates low. two and quarter percent, just 2.48 apr. save thousands every year. >> one of america's finest institution celebrating a birthday. the u.s. marines across the globe are honoring over two centuries of service today marks their 246th birthday marine corps commandant honoring the core by saying that they have never turned from a threat or an enemy, all of us here at fox news want to thank the marines for their tremendous service to this country. i got a chance in 2003, the invasion of iraq, it was amazing. >> you and your wife do so much for the military. you're doing another event coming up. happy birthday to the marines. >> semper fi. >> secretary of state hosting a covid summit. china's ambassador to the u.s. is in attendance, but it's unclear if the biden ministration trust binging for transparency on the origins of covid. it's been almost to years since covid first emerged in chinese officials continue to block any meaningful investigation. dr. siegel, thank you. >> good afternoon. >> isn't about time we get some answers? >> there's been a smokescreen from the beginning. there has been no transparency it started at the beginning of the pandemic. there is a lot of evidence that came out of the state department and a study out of harvard that shows there were cases months in advance of when they were even reported. at the time the who was saying it couldn't even go human to human they had cases in the hospitals in wuhan. the markets were closed, right after they started, so for those who think it's natural origins, and i'm not necessarily in that group, there is no way to even investigate that. it's way too far down the road from that. in terms of the labs, we have never really gotten inside the labs. peter wrote an article in nature saying it's probably too late to go inside the labs, but he has a vested interest in that because he was funding research in those labs. we never saw the original structure of the virus. we don't even know exactly what it looks like. >> why aren't we demanding answers? this is joe biden this week and reporter yelled out questions about this several times, no answer, he walked away. here it is. >> president biden, how are you going to get china to be transparent about covid origins? how are you going to get china to be transparent about covid origins. >> if we don't find out what the origin is, if it was a product gain of function, how does that tie our hands in terms of preventing the next pandemic. >> a hugely important question. gain of function is being defined very narrowly, but for me, it's even taking viruses and putting it through a humanized mouse or a ferret, something that looked like a ferret, to me that's gain of function. the viruses exchange genetic information and that could make a new virus. this is still going on in china by the next pandemic could very well happen the same way at this one did. something occurs that we're not ready for, slips out of a lab and infects the local population. there have been so many lab accidents, and we naïvely, and that's a kind word, we naïvely thought that chinese scientists were going to cooperate with us with the chinese communist party having their thumb on them insane you want to go home and see your kids tonight? don't talk. >> while you're here, we have big questions to about vaccine effectiveness in what is happening over time there was a new study of veterans and it really highlighted how the vaccine protection wanes over time. i want to put up on the screen i believe we have made dharna, pfizer, everybody always wants to know which one they have, the effectiveness, but it goes down and modernity continues to prove more effective than the others. >> this was out of six months, it looked at almost 800,000 veterans around the united states. you just pointed out the take home their witches with pfizer, it went down more. their was a 45 percent protection against protection at six months, which to me translates into the idea that everybody over the age of 18 should be getting a booster at six months. pfizer has just asked for that and they will get that. we're giving it already to those over 65, the higher risk groups, but somebody named john roberts pointed out to me right before we came on here that the protection against deaf at six months from the pfizer is only 70 percent meaning that if you got covid, the chances were revenue percent. that is not 100 percent. >> we've actually got the data here so let's put it on the screen. the risk of deaf for people 765 and early older. j and j, 50 to percent less likely to die. that's like a one into chance. but come, but we were told, if you get these things you're not going to die. while that's not the case. >> we didn't know and to be fair the israel data had shown this a couple of months ago. this means we need huge pressure on the fda to get this improved rate it doesn't mean the shot doesn't work, but it wanes, it maybe it was given to close together the pfizer shop. the third shot may cement immunity, we've got to watch is going forward. great news out of israel, once you have the booster, the chances of dying went down to almost a zero and the chances of getting very sick went way down. >> the vaccine is a good thing, but i think you've got to be monitored to know what your immunity is. >> i agree with that. >> thank you. >> fox news alerts, testimony from kyle rittenhouse is set to resume a few minutes from now. >> let's bring in a fox news contributor, andy, i know you had an interesting take on what's been happening in the courtroom. what do you make of what you've seen so far considering a few minutes from now were expected to see that continue. >> this was a very risky move sandra in the fact that the looks like they are winning this trial to put the defendant on the stands really entails risk. it could put the prosecutors naturally the question rises and i'm getting it myself, why let him testify and it's really an ill-conceived question. it's ultimately one of the big discussions in the criminal trial especially whether to plead guilty and weather to testify. even if his lawyers didn't think it was the greatest idea, if rittenhouse really wanted to testify, it was up to him to decide to do it and it looks to me like he felt very strongly about it and these are circumstances where he could pull it off well. he doesn't have an extensive criminal record. he's obviously got strong feelings about his innocence and he is able to communicate. so far at least he has been an effective witness. he get there was one point where he broke down in tears, asking the judge to call a brief recess, but when he came back under cross-examination, he took aim at these people trying to kill them and he said no i took aim at them trying to defend myself. he seemed to maintain his school at that point, but you question whether or not charges should have ever been brought against him in the first place. >> i don't see, john that this is a case that should have been brought, it seems to me that he has a very strong self-defense defense. all of the shootings that are involved here, he was not the aggressor in any of them, and the prosecution really seems to me to be straining on this extravagant legal theory based on his allegedly and constitutionally very questionable illegal possession of a firearm, that is the statute that is involved here is such a model, i don't think they can prove, at least in a way that would be actionable against him that it was illegal for him to carry along a rifle under the circumstances. >> what did you make of the moment where the judge just absolutely decided to berate the crop prosecution over the cross-examination? >> the prosecutors here, i'm not trying to be gratuitously critical, but i don't think they've done a good job. what this prosecutor did today is one of the third rails of constitutional criminal law. which is, he suggested that the defendant had done something improper and not going public and making statements insisting on his innocence. in our constitutional system, the defendant has the right to not testify and to remain silent. and it's a reversible error for a prosecutor to try to use violence against the defendant. i can see why the judge got so upset that's the kind of thing that can cause a mistrial and if you're a judge who has sat over a controversial trial for seven days and then the prosecutor plays with fire like that, you can see why he got upset. could get you mentioned this idea that the prosecution is trying to nail him for illegally possessing a firearm and you wrote about this. under wisconsin law, if a person engages in unlawful conduct, it tends to provoke others to a violent attack. the person can you lose his right of self-defense that's why the prosecutors are desperate to keep the misdemeanor gun possession count in the case. expand on that. >> i think, john, it's probably not misdemeanor possession as to him because there are exemptions in the statutes that seem to apply to him, but what the prosecution tries to do here is a basically because he did something that was at least technically unlawful he forfeited his right of self-defense. to me that's ludicrous because looking at rittenhouse, you wouldn't know whether he was 17 or 18. there were plenty of people out on the street with long guns and it's illegal to possess at least implicitly or to possess a long gun for a show show in wisconsin, so you know, i think obviously, what they tried to do is use this misdemeanor count to try to eviscerate his ability to defend himself. >> could you please stand by as we begin a brand-new hour here we have a fox news alert as "america reports" rules into an hour number two. kyle rittenhouse has been speaking from the stand today. the first time that we have ever heard from him. welcome back to "america reports". this is hour our to come at to p.m. on the east coast. john roberts live here in new york city. >> we're going to get into that testimony when it starts up now. they took an hour long recess for lunch and we expect the prosecutors to pick up their cross-examination from where they left off earlier today. to get he get the 17 -year-old, when he shot and killed two people and injured a third in kenosha during riots in the city last year. prosecutors say he left his home, armed with the intent to kill, he says he feared for his life and open fire out of self-defense. >> as we wait for the trial to resume, mike tobin has been watching all the proceedings. he is live outside the courthouse in kenosha with the latest. what do we expect to see? could get we expect to see kyle rittenhouse back on the stand following what has been a very emotional day. we saw his mother crying in the courtroom, and then went rittenhouse was brought on the stand the first time he attempted to explain his deadly encounter, he fell apart. to get mister rosenbaum now running from my right side. and i was cornered from in front of me with mr. kaminski. >> at the judge took a break and brought rittenhouse back and he explained that he was cornered in the parking lot of that car dealership where rosenbaum was ultimately killed. rosenbaum grabbed his rifle and fired four shots ultimately killing him. then he ran away, northbound on sheridan road he was hit by a rock he was kicked in the head he was hit by a skateboard twice and went on the ground he fired the shot that killed anthony hubert, he said he fired the shots only one grows croy's pointed a pistol at him. on cross-examination, the prosecutor tried to get into intent, did rittenhouse intend to kill anyone, rittenhouse said he intended to protect himself. >> you intended to kill them, protect direct? >> no, i intended to stop the person attacking me and trying to steal my gun. >> in a remarkable admonishment, the judge really lashed out at binger for his attempt to work on some testimony that schrader says was not going to be allowed in this court and that speaks to some videotape evidence on which rittenhouse is heard saying he wished he had an ar 15 at an earlier incident so he could stop some people from shoplifting. we are standing by and expecting rittenhouse to get back on the stand here shortly. >> mike tobin reporting on that for us. >> let's bring in phil holloway who's been watching the trial as well. phil, it was a real surprise when kyle rittenhouse took the stand today. the prosecution started going after him on a number of different points. how do you think he has done so far as a witness because most defense lawyers will tell you don't ever put your client on the stand. how has he done so far as a witness for the defense? >> i think he has done vars find so far. he did a good job on his direct examination. he had obviously prepared with his counsel for how they wanted to present their case. he's done a good job on cross-examination. it's always a tough call as to whether or not you're going to put your client on the stand for the exact reasons that you mentioned. it sometimes can go south on you very quickly. however, in this case they are as an affirmative defense, that being self-defense, and the burden of proof on self-defense is on the defendant so it makes sense that the defense is going to introduce evidence. because the trial has gone fairly welt for the defense up to this point, i think it was probably the right move. it remains to be seen of course what the jury things of the testimony, but i think they're doing the right thing from the defense perspective. >> what do you think about the way the judge has stepped in so far in that courtroom? >> the judge is just not having a lot of shenanigans in this case. he's not permitting the prosecutor to go on a fishing expedition, he staying well within the rules of evidence and the prosecutor is having a hard time. it's obvious from the exchanges that we have all seen that there is obviously some personality conflicts, it may be some friction but the prosecution has had a tough go of this trial. they've had witnesses testify in ways they weren't expecting. the prosecution has just flipped so they're trying to do the best they can to salvage whatever they've got left of this case. >> i don't know if you had a chance to listen to andy mccarthy a minute ago but they believe the prosecution is really trying to push this misdemeanor illegal possession of a gun charge against rittenhouse as the foundation for building the case that he was engaging in unlawful conduct which provoked people to attack him which then takes away his right to self-defense. i think that's probably their strategy. , i think the defense is more or less conceded that misdemeanor count they're not really contesting it, but in my view, it's not enough to negate someone's right to self-defense, the idea is if you start a fight, you could cannot basically avail yourself of the affirmative defense of self-defense. i don't think that's what's happened here. i don't think showing up at any location illegally possessing a firearm because you happen to be a year or to young, i don't think that's what it takes to forfeit your right to use self-defense. that is clearly what the prosecutor is trying to do. who knows whether it will work, but in my view, it's probably not on legally sound foundation. >> this is the moment that in rittenhouse's testimony earlier, the moment that led up to the need for a break because he was breaking down uncontrollably and the judge ultimately called for a break. listen. >> as i'm working towards to put out the fire i drop the fire extinguisher and i take a step back. >> when you step back from mister dominski, what is your plan? >> my plan as to get out of that situation and go back to where the course or slot number two was. >> and, did you get back? were you able to go in that direction? >> i wasn't. >> described what happened? >> once i take that step back i look over my shoulder and mister rosenbaum was now running from my right side in front of me with mr. kaminski, and there were--there were people right there. >> the judge called for a break at that moment. what was your reaction to that? >> i'm glad the judge called a break, it was the right thing to do under the circumstances. i've been around people that have had to use various degrees of force i represented police officers who have had to use deadly force, and this reminds me of the type of reaction i get from these individuals days, weeks, or even months after such a traumatic experience. i'm not a mental health experts of course, but i would not be surprised if this isn't some symptom of legitimate ptsd regardless of what the jury says, there is no doubt that this was a traumatic experience, and not only their shooting and the rights themselves, but the experience of having to be on trial literally for your life. this reminds me of genuine emotion, i believe it was legitimate and i think that the judge did the right thing by going ahead and calling this recess so that the witness could compose themselves. >> fell, one more question. we're getting some movement in the courtroom so we'll keep a close eye on that. he is up on four charges, first-degree reckless homicide, first degree recklessly attempted first-degree intentional homicide and then also for accounts of use of a dangerous weapon. the prosecution is trying to paint him as the aggressor here where it he insists self-defense, what you've heard so far, is he right or as a prosecutor right? >> from what i've seen so far this is a classic case of self-defense. i think if the jury follows the law as i expect the judge to give them at the end of the case, i expect it should be a not guilty. because this is an affirmative defense, of course he's admitted to shooting now the prosecutor but based on the way the burden shifts, the prosecutor has to disprove beyond a reasonable doubt, they have to prove beyond a reasonable doubt that this was not lawful self-defense. the way that theoretically the burden shifts and the way that the rules of criminal procedure operate, it should be based on what i've seen so far on acquittal it leads to the homicide and murder counts. >> the defense is now speaking. we will get back into the courtroom. please stand by and andy mccarthy will stand by of standby with us as well. >> he stated and we looked it up, previously, he said to mister rittenhouse, previously indicated that you wish to have your ar 15 to protect someone's property. clearly in violation of not only the prior ruling you had made, but the ruling that very day. that very morning. it appears to be that there are too really elements the court wants to consider when making a determination about ms. trial for what amounts two prosecutorial overreaching. the first one is the prosecutor's actions must be intentional in the sense up the culpable state of mind and the nature of awareness that his activity would be prejudicial to the defendant. i would argue to you that that is clearly aware of that. you had warned him, you had told him prior to mr. rittenhouse testifying, you had warned him about the infringement of his constitutional right to remain silent and he did it again. the second one i think requires some action by the court in terms of a finding. the second one says the prosecutor's actions was designed to allow another chance to convict, that is to provoke a mistrial in order to get another kick at the cat because the first trial is going badly or to prejudice the defendant's rights to successfully complete the criminal confrontation at the first trial. now, the case i had cited in the kenosha case state versus cop e i n g. in that case, the court didn't make findings. regarding the prosecutor's actions. so, i don't know that it's my role to sit here and say who is winning. i don't think that's necessarily what i'm supposed to do, but i think the court has to make some findings as it relates to the bad faith on the part of the prosecution, and if the court makes a finding that the actions that i had talked about were done in bad faith, i think both elements for mistrial with prejudice have been met, and i think under the circumstances based on what i've put forth on the record i would ask the court to consider those and i would ask the court grant a motion with prejudice. thank you. >> thank you. state? >> i would like an opportunity to fully respond to this with a little bit of research. at first blush though, and i reserve the right to present case law and additional sites to the courts, but i do want to point out for the record that the defendant has presented interviews to at least one media source and at least one online source since his arrest and there have been questions about that nights, there have been questions about what he did and things like that. he has decided on the advice of counsel in those circumstances not to give a statement to the media about what happened. he is talking about his family life, his friends, circumstances of the case, he's talking about how this affected him and things like that, so my point in asking those questions was you have agreed to talk to the media. you agreed to talk about yourself, and you've agreed to give interviews, but until now, this is the first time you are explaining your actions and, i wasn't referring to his statements, i never asked either detective what the defendant told him. he actually started to tell them some things and then he said they want he wants a lawyer. then he starts to tell them some things and he says i want to talk to my lawyer and he says okay, we're done. i'm not referring to that. i didn't ask him questions about that, but into this, the defendant has spoken to the media. he has talked about circumstances related to the case, he just hasn't given his exact version of events that night. so his voluntary discussion to speak with the media have nothing to do that is his own decision, and if he is going to pick and choose what he wants to talk about in those voluntary then i think that is fair game. he is making his own voluntary choice. >> wait a minute, you don't think he could give an interview about his awards he won in high school or his demerits that he got? and about his sports activities and his swimming in that? and declined to answer any questions about the incident somehow and that is a waiver to his right to silence? >> i think he is doing more than that, your honor. >> i know nothing about them, you know, i haven't seen i haven't seen probably 1 percent of all the evidence which is pretty typical as you know, so i have no way of knowing. you have some interviews that he gave to media? >> there is an interview i'm looking at on the computer right now from the washington post where he talks about it. i know there is one i think either of the new yorker or the gq magazine where he speaks to the reporters also. he doesn't go into specific details about what happened that night, but it's not like it's talking about school or swimming. don't leave it as he doesn't go into specific details. certainly there could be a waiver but an honest discussions of the activities of that night if you're suggesting that occurred, that could make a big difference. even a small discussion on his part of the night in question might be a full waiver, i don't know and i won't know until i see it, but why don't you make copies of it and. >> can we have a few minutes? >> we won't do it right now. i agree with you that this is not something that i would want to deal sitting here without giving you an opportunity to respond. although i would be interested in your preliminary response to the excluded evidence that you touched on after having been told that i was confirming my prior rulings. >> i want to point out right now on the screen, this is the washington post article and there's a reference to an interview where he said the defense he did not regret having a gun because quote i would have died that night if i didn't "-right-double-quote. that is a direct quote from the defendant to the media about that night. >> what about that. their was prior counsel representing him. >> i don't care about that. >> i believe it was a telephone interview. i don't know anything about the circumstances of that. i would have to read the article. >> that might make a difference. and what about asking questions about the excluded evidence? get your honor, we went over this earlier and i already i could just summarize. i did hear you talk about that evidence this morning before testimony. the defendant then took the stand, he admitted that he had said to the that he had pointed a gun at that person. i have seen that video. it was actually introduced by the defense i think it was even in the opening statements, and there is this person who confronts the defendant and accuses him of this. frankly, to be honest when i watch the video the first time i didn't hear the defense reaction. i thought it was somebody making an accusation and then walking away as if trying to avoid confrontation. i was surprised to hear the defendant admits in his testimony by his attorney that yes, i did tell that person that i had pointed a gun at them. he explained then that he was joking when he said that. the jury can evaluate that because it goes to credibility, it goes to whether that is the truth, it goes to his decision-making. it's not something to happen separate in time, it presumably happened a few minutes before. like i said, i was taken aback by the defendant admitting that he had said to this person yes i pointed a gun at you, and i think it's fair to say that watching that video, that that person believes strongly that this happened, the defendant is telling them it happen. and now they're giving us a different version and saying insane i was just joking. i would like to probe what he said to that person i'd like to probe what his motivation, i'd like to probe whether or not he really did do that. and, i think that that changes the equation with regard to the video that was a subject of the other because in my mind, it is very similar. i know we've disagreed on that and i'm not going to belabor the point, but that's where i was coming from was there has been a change in the testimony of the defendant today that i think makes that evidence admissible and much more relevant that it already was. and i thought it was already relevant. >> i'm just here on the sidelines. i had made a ruling that the evidence wasn't coming in and you decided it was. >> if i could just respond to that briefly, i was about to say i did not interpret your ruling is an absolute can, we have had three motions, there was one in which we asked the court to introduce evidence that and you were clear, that is not coming in. >> don't get into other subjects. come on, what you're telling me, you're an experienced trial attorney and you're telling me when the judge says i'm excluding this, you just take it upon yourself to put it in because you would think that you have found a way around it? come on. >> if you would let me finish, your honor. you're ruling on our three motions there was some gradations there. you were clear that some things were absolutely outcome and then you left the door open on other things. i saw that distinction and thought to myself clearly i know this is out, but you left the door open on other things so i didn't interpret your ruling is this absolutely never coming in and i had practiced before you, i have filed motions before you commit your preface often times as to reserve ruling on those until you see the evidence. i think you even said something to that effect. so i thought this is my good faith explanation to you, and if you want to yell at me you can. my good faith feeling this morning after watching that testimony was you had left the door open a little bit now we had something new and i was going to probe it. >> i don't believe you. there better not be another incident i will take the motion under advisement and you can respond. when you say that you were acting in good faith, i don't believe that. okay? let's proceed. everybody, in good faith. >> your honor, i have another item i want to raise before the jury comes in and raise it with you. >> their was another motion with regards to the defendant being at the they were wearing a shirt that says three is. i would like to ask the defendant if he posed for selfies after a court appearance with members of the public wearing that shirt. i do not intend to talk about who those people were. or anything along those lines, but i believe it is relevant when he goes to the bar after court appearance and poses for selfies wearing a shirt like that. i think it's relevant to some of the that come up in this case, remorse or lack of remorse, utter disregard for life. i would like to probe our heartfelt and sincere these emotions are. as i said, i want to use the photographs i'm not going to talk about the people who they are who they were from. in fact, we will just see the defendant stand with a group of people for as healthy with that shirt on. >> you made a ruling on it and it was clear. >> so would we have raised it, would we have brought it up there has been nothing to open the jewel door, nothing to open the door about what happened four months after this is relevant in any way to what happened that evening four months after. with admissible evidence. so far you confirmed your ruling would hitch if you previously with mister binger just said you had shut the door on it. apparently, he doesn't believe a door that is shut would stay shut. however, now, we are asking that something be admitted that to be fair this should have been brought up sooner. this jury, they heard it, sought or were aware of it. howhow they felt about it, whetr it had an impact in their ability to beat fair in the case we never went there because of your prior ruling. there is nothing to open this door and i don't think it's relevant, something that happened four months. you talk about indifference to human life, that is four months later. there is nothing, nothing relevant about that. you've made your ruling and i ask that you stick with it. >> i am struggling with why it would be relevant to any of the issues in this case. if you were on trial for using exquisitely bad judgment, if he were on trial for behaving in a very offensive way, then i could see the purpose, that the incident that occurred four months after the incident in question, i don't see how that jury can work with that in reaching any conclusions about the issues in this case. he has a slogan on his tik tok page, girl, i'm trying to be famous. this case has made him famous and he's posing for selfies as a result. one of our theories is that the behavior that night was intended to gain attention to be famous and he has reaped the benefits of that. he is on trial for exquisitely forward poor decision-making. taking a gun that he is not legally entitled to have. trying to be a police officer when he's not, confronting protesters that he knows are hostile and all of those behaviors i think our exclusively bad judgment. the jury can make that decision and they can give what weight they want to this evidence, but it's moments after he has a court appearance here, he is out on bond in this case when he decides to do this behavior. nobody made him do it. nobody forced him to go to the bar, nobody forced him to wear the shirt nobody forced him to pose for selfies. >> when i made reference to exquisitely poor judgment i was talking about the incident where he was wearing the shirt because look, everybody in all of humanity they display bad judgment and sometimes exquisitely bad judgment. we don't let it into people's trials. really, it matters. so i wasn't referring to his bad judgment on the date in question, that is some legitimate inquiry and your being allowed to present a lot of evidence on that subject right and the jury is going to be instructed in some of the elements and some of the crimes that are charged here is going to deal with the caliber of his judgment. but you're talking about and it didn't incident that occurred four months later so i'm not seeing it and i don't want to waste any time with it. i've ruled before it's not admissible, and i've heard nothing to change my mind about it. >> [indiscernible] >> it was soft to be admitted earlier for a different purpose than it is today. it was ruled it can't be admitted for the prior purpose. to get that request is denied. >> thank you. >> okay? are we ready to go? >> so the jury will be brought back into the courtroom now as the cross-examination of kyle rittenhouse will continue. sandra, we heard there it was a lengthy discussion based on the prosecution trying to bring into this trial evidence that the judge said it is not allowing. the prosecution continued to try to make the case that this belongs in there. >> more confrontations with the judge there. can you just explain and set up as we're about to see more from the courtroom? >> it's a bad thing when the prosecutor loses the judge's confidence is the trial goes on i can't hear you when whisper because i'm listening it is probably something the jury could measure against the emotional outburst this morning, but because the prosecutors the way they've conducted themselves i think they've lost the judge. in that interview, he did, kyle rittenhouse did sometime after the events of august 25th of 2020 the idea that he was taking selfies with people, speaking to the idea that he wasn't emotionally bereft as he was on the stand just a little while earlier today, and the other one was this video that was taken which was audio only, you don't see kyle in its taken from the cvs store some ten days before the incident that happened there in kenosha where you see some shoplifters coming out of the cbs and he says something to the effective if i had my ar 15 with me the judge allowed to bring evidence into the trial? i think on the second one you've described he is right. it is removed from the facts of what were dealing with. with respect to the being in the bar four months ago with the provocative shirt on, i think it would have been a good argument for the prosecutor to make that we had an emotional breakdown by the defendant today because he's trying to communicate how upset he is about the whole thing. we'd like to show for completeness sake how he acted on another occasion. so the justice, the judge said what happen for months afterwards it is not relevant to what happened on the day, do you believe that or is it? that happened over a year after it. the emotional outburst, so you know, look, i think it's defensible to keep it out, i also think if the prosecutor had maintained the judge's confidence through the trial instead of playing fast and loose with some of the rulings, he would've had a much better chance to get it in. >> are we able to listen into the courtroom now? >> at certain times. >> i believe the first time he threatened me he was wearing a red shirt with the boop blue bandanna and the second time he had it wrapped around his face. >> had wet wrapped around his face? >> his t-shirt. >> so he wasn't wearing a shirt the second time around? correct. >> you indicated at one point you thought he had a chain in his hands? >> i believe so. he made a threat to you with the blue shirt on, did he have a chain in his hands? which of the times was it? >> i can't recall off the top of my head. i think it was a the time when he was threatening cuts cut people's hearts out. >> do you know which time it was? was that the first time are the second time. >> the second time. >> what was he wearing the second time? >> he had the shirt wrapped around his face. >> and he didn't have a shirt on his torso? >> correct. >> and you can see when he didn't have a shirt on his torso that he didn't have any gun tucked in his waist there, correct? >> i wasn't paying attention to that. i was somewhere over there. >> how far were you from mister rosenbaum when he made the second threat? >> 10-15 feet, i'm not really a shirt. >> but you are close enough to hear the words out of his mouth. and you took that as a threat to you personally? >> i took the first one where he said if i catch you i'm going to kill you i took that as a threat to me personally the second time i took it as a threat to the group. >> can we have that photo up on the screen, please? >> do you see mr. rosenbaum in this picture? >> i do. >> he's in the middle of the picture wearing the blue shot with the red bandanna playing the carrying the plastic bag, correct? >> he has. is that the way humate looked when he made the first radio? when he said if i get you alone, he has. >> and he was carrying that plastic bag with him when he made that threat too, correct? >> correct. >> how close was he when he made that first write to you? >> close, i couldn't give you an exact estimate, but he was close, less than 5 feet. >> quote so closer than the court reporter is to you now? >> i would say about the same if not a little bit closer. >> and you were next to mr. balls when that was said? >> correct. >> was anybody else there with you? >> i believe there were other demonstrators around. >> and you've seen in this trial that there has been a lot of video footage of that night, correct? >> he has. >> and you've seen in this trial that there is a lot is that correct? >> and you would agree with me that there is no video on either one of those threats, correct? >> i don't know if somebody filmed it, not that i'm aware of right now. >> are not aware of any, correct? >> correct. >> so, mister rosenbaum looked like that at the first threats, but then looked different on the second time, correct? >> yes. >> and did you say he was carrying the chain when he made the first right or the second threat? >> the second. >> and he was still carrying the plastic bag the second time? that plastic bag has a clear side to it that allows you to see inside of it, right? >> sorta, i didn't really look into the bag. >> so you didn't know what was in the bag it all? >> i didn't. >> did he swing the chain ate you when he made the second threat? >> he did not. did he physically touch you when he made the second threat? >> know he didn't. >> so he never once touched you or your body, did he? >> he grabbed my gun when he attacked me. >> that's why i asked the question the way he did. he never touched your body that night, correct? >> he didn't touch me physically. >> and neither the first or the second time, did he run at you or charge at you or anything like that, did he? >> he didn't chase me. >> he didn't even do anything physically, did he? >> he just said some words. he gave the chain that he had in his hands, he never did anything to physically threaten you with that chain, correct? >> s yes. >> is that correct? >> that's correct. >> other than the chain that you described, at no point in the evening did you ever see joseph rosenbaum went any other type of weapon, correct? >> not that i saw. >> never saw him with a gun. never saw him with a knife, never saw him with a bat, never saw him with the club. >> correct. >> how far. >> i can't give you a definite timeline, i wasn't looking at it, but i would say within the same hour. >> and both of those threats occurred when you are on the 59th street property? >> the second threat happened at the corner and the first threat happened towards reuther central high school. >> could you use that laser pointer and point out on the map where the first threat occurred? >> at the first threat happened right here in front of the building. >> you are pointing at a location by the 59th street car source, on the south side of the property, along the building and on the west side of the road. with that be accurate? >> s. could you said there was a second threat within an hour after that, correct? >> he has. >> where was that threat at? >> it was somewhere over here i remember, like on the other side of the property towards reuther central. >> warned towards the northeast corner of that same property. >> correct. >> but you were still on the car source property when that second threat was allegedly made, correct? >> yes. did you remember what mr. rosenbaum had said to you later on? when he is confronting you at the 63 street car source. >> i took a mental picture of his face so when you are running away from him at the 63 street car source, you are thinking to yourself this is a guy who had made a threat to me earlier, is that fair to say? >> i was thinking this is the guy that says if he catches me alone he'll kill me as i'm running away from him. >> the reason i ask mr. rittenhouse is how did you know it was the same guy when he's change the way he looks? >> his appearance, the shorts, his height. >> but in both of those instances that you have described, he's got something covering his face it's a blue bandanna in one instance in the red shirt in another instance, correct? >> he was wearing the red shirt when he chased me around his head. so you remember that from the second time he chased you. and you thought to yourself, this is the same guy. >> yes. >> so when you eventually got to the point where you were going down to the 63 street car source right before the shooting, you recognize him as you're following him down the street. he was in front of you, you know that now. >> i know that now. but you didn't see him ahead of you. >> you at some point as you get close to the car source start running towards that lot. there were fires all over the place. so. >> we will get back to that in a second. you indicated that while you were at the you put out a fire at the church next door, is that right? did you hear the testimony yesterday that when you guys went over there, somebody had put some sort of flammable liquid on the door? did you hear that testimony? >> i did, i believe that was referring to central high school. when she described it as having a church, you think she was getting it confused? >> yes. >> so whatever happened with this flammable liquid on the door, the point is, some other group, some other people put that out before you even got there. >> correct. >> why did you feel that you should go around off the 59th street car source property and put out fires? >> to make sure my community didn't get burned down and help. >> when you say your community, you mean kenosha? >> yes. >> again, you're from antioch, you're not living in kenosha when this all happens, right? could gate my get my dad lives in kenosha. >> might residence was in antioch, correct. >> but you felt like you wanted to do things to protect this community. fair? to get the community i was part of, yes. >> and you felt like it was appropriate for you to take matters into your own hands to put out fires for example. >> to put out fires by using a fire extinguisher, yes. >> even though they weren't on the 59th street property, correct? >> correct. >> we're there other things that you decided it would be appropriate for you to go out there and take care of off the 59th street property that night? >> i was walking around asking people if they needed medical help. >> so you felt you wanted to go out and help people, help protect people, help people feel better, treat people, things like that can keep provide first aid. >> normally in our regular society, that is something we call 9114, right? >> normally, yes. >> where are we headed? >> i think that the defendant's decisions to go off that property and involve himself and other matters are relevant, your honor. >> i will let you pursue it. >> and that is exactly how the shootings happened. >> that is what the trial is about. go ahead. >> normally, if there is a fire, if there is somebody committing a crime, you call 911, right? you didn't feel like you could do that that night, correct? >> i don't think, i saw from the knights prior that the fire department wasn't responding to put out fires. >> welcome at the knights before, there were businesses on fire along 22nd avenue, there was the car source, large-scale property fires on the prior nights, correct? >> s. >> on that night, we didn't have any fires like that, we just had a couple of dumpsters and smaller things, correct? >> that i saw. >> but regardless, of how big the fire is, you felt that night that calling 911 was not an option, correct? >> i didn't feel that if i called 911, anyone would show up >> which is why you decided to take care of it yourself, correct? >> to provide first aid and put out fires. >> to do the things we would normally expect the police or the fire department to do, correct? >> to help people, yes. >> could you please move that microphone a little bit closer so i can hear what you're saying. >> permit me to interrupt for just a moment. how is the temperature, how many are comfortable the way things are? okay. i won't even answer, see, you ice cubes, there is nothing to worry about. you came to kenosha that night. armed with the ar 15 and no other ways to physically defend yourself, correct? >> i had an ar 15, correct. >> other than that, you had no other weapons or devices that you could use to defend yourself that night, correct? >> s. >> there is an interview in which you say you are not carrying anything nonlethal, do you recall that? >> i do. >> you indicated in response to one of your attorneys questions that there was no friction with the protesters at night. did i understand you correctly? >> by friction you mean-- >> i'm using your words, i heard you say in response to your attorneys question there was no friction with the protesters that night. did i hear you correctly? >> s. >> and you are describing what you observe when you are at the 59th street car source, fair enough? >> yes. >> based on your several hours at that location, it seemed to you as though the crowd of however you want to describe them, they've been called rioters, protesters, demonstrators, and you come at you things were fine, no tension, no friction, no nothing. fair to say? >> for the most part other than mr. rosenbaum. >> he was the only one. >> that threatened me,. >> that i saw. >> can we please play exhibit number 18 at the one hour 20 to second and i'm sorry 20 to minutes and 142nd mark. can you please play it from this point? >> and, a militia are up there. >> there's a fire. a dumpster fire. it's a dumpster fire. >> i could use a db right now. heh, heh, heh, heh. real in. no flash bombs. that's true, stay off of property. i have to agree with her. >> i have to agree with her, you shouldn't be on the street. they're just protecting their property. that guy is losing his patients. if you guys could switch him out. somebody is a loose cannon. he's got a lot of rage. protect your property. [indiscernible] >> he is just trying to protect his property. >> do you think that looks like friction? >> a little bit. >> and you witness that, didn't you. >> i didn't witness what mister collett did, i can see that. >> but you saw the reaction from the crowd, right? >> i wasn't paying much attention to that. >> would you agree with me that it seems that the crowd was reacting to members of your group going out in the street and trying to interfere with what was going on off your property? >> i don't think they were happy about it. >> in fact, the person who made this video specifically told you to stay on your property and not go out on the street and tried to put out fires or interfere with any of that stuff, just protect your property. isn't that what he told you? >> i believe so, i was just going to grab the dumpster that belong to the car source that was on the car source property. >> this was before you headed south towards this 63 street car source. this is before you decided to go down there with a fire extinguisher, correct? this is before you shot mister rosenbaum, mister huber, and then the person that was jumping over you, correct? >> so you knew that this was a crowd that would not react very favorably to you going out there and trying to put out fires or interfere with any of that stuff. you knew that, didn't you? >> i didn't. >> even after that incident you didn't have any idea this was a crowd that wasn't going to take it while? >> it seems like they were more mad at the part of him screaming what he screamed after, not putting out the fire. that's what it seemed like to me. >> and he screams to them bleeped around and find out. >> after they had just tried to light a dumpster on fire. >> yes. >> it so what did you interpret that to mean? >> i don't know, i didn't witness it at that time i just grabbed a dumpster a minute after and tried to pull it onto the property. >> it seems to me he saying a few light stuff on fire i'm going to use my gun. >> i will withdraw the questions. big you can't ask the questions and then withdraw. >> it doesn't matter what it seems to you, you can ask your questions, that's fine, go ahead. >> it was shortly after the incident we just watched where we were interviewed by richie mcginnis, correct? >> s. >> and you said you have never heard of him or dealt with him before this night? >> i have not. >> why did you talk to him? >> he seemed like a nice guy. >> did he introduce himself as from the media? >> he didn't specifically say i'm from the media he asked if i wanted to do an interview bright. and when you heard him ask him to do an interview you didn't think that meant he was from the media? i said he didn't specifically say he was from the media. >> but you assume when he says i want to interview you, that he is from the media, correct? did he tell you he was from the daily caller? he did not. >> so you didn't know what media company he worked for. >> correct. but you agreed to have him interview you on camera, correct? >> correct. >> can we play exhibit number 16. >> obviously you're armed. [inaudible] . [inaudible] >> in that video, you indicate that you have your ar-15 to protect yourself, correct? >> yes. >> and you indicate that you're going to run out there and treat anyone that needs medical correct? >> yes. >> were you going to bring the gun along when you did that? >> yes. >> to defend yourself while you treat someone? >> if i needed to defend myself, yes. >> if you didn't think there was friction with the crowd and you're out there trying to help, why did you expect there to be any danger? >> from the previous nights when i saw people being assaulted. >> were they medics being assaulted? >> i don't know. i know one was trying to put out a fire at his business. >> so you saw someone put out a fire who got assaulted? >> yes. >> if you're going to help people, why would you expect anyone to try to hurt you?

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