defendant was a aggressor. >> john: let's recap what happened so far today. garrett tenney is standing by live outside of the courtroom in kenosha. >> john, the defense's request for a mistrial without presidents that was made yesterday has not come up in the trial today but judge bruce showed her has not made a ruling on that, so that is still on the table as we go forward. at the beginning of today's hearing he did tell everyone involved, one of the first things he said was, everyone be on their best behavior today. this comes as the defense calls with last three witnesses to the stand, the first being the use of force and video expert who testified that rittenhouse was kicked in the face just prior to shooting anthony huber. also testified about how quickly everything happened in the moments between when he was attacked and when shots were fired and in the second shooting, how quick the reaction was from when he was hit in the head come up to the shots hitting anthony huber. then the second witness is a kenosha police officer, a former kenosha police officer who was on the scene right after the shooting and conducted the investigation and testified about the number of shots that police believe were fired there. at right now on the stand is an independent journalist, a blogger who was they are on the scene taking video the night of those protests and recorded -- recorded much of what we saw a come of the video. he was testifying to the fact that he saw rosenbaum pushing a flaming dumpster into a police car that had officers incited not long before he has that interaction, the fetal interaction with kyle rittenhouse. today judge schroeder said arguments will likely wrap up tomorrow and at that point this case will then go to the jury for deliberations. >> john: getting close to the end of it, garrett tenney, thank you. >> jacqui: want to go to the court room, listening to testimony from drew hernandez, an investigative journalist he calls himself, a blogger who has taken much of the video that we have seen during this trial. >> if the firearm goes off and you can see it in the frame at the top of the car. >> can i stop you for a second, did you hear that in real time? >> hear it and saw it in real time. the first firearm goes off, rosenbaum is already charging kyle from behind. he attempts to throw a bag at him, not sure what's inside of it. and kyle is right at the corner right there, and it turns around and rosenbaum is lunging towards him very clearly and kyle fires. >> and you saw that with your eyes. your contact with kyle that evening was just in terms of what you observed. did you observe him acting in an aggressive manner to anyone? >> in no way, shape or form. the first time i saw kyle he actually did escalated a situation. >> did you observe him at any time that evening pointing his firearm that anybody or threatening anybody with that firearm? >> no. >> i would move, i think it's 149 through 151, i don't have any other questions. >> cross-examine. >> and told the food is coming around 1215, so why don't you go ahead for now. >> okay. >> good afternoon mr. hernandez. >> good afternoon. >> where do you live normally? >> i live in arizona. >> so you don't live in kenosha. you don't live in wisconsin. >> no. >> you came up here because he wanted to cover the things that were going on in kenosha after the shooting of jacob blank, is that fair to say? >> the violent riot, yes. >> the violent granted by antifa? >> you have made a lot of videos of what you consider to be antifa and black lives matter riots in seattle and in d.c., other cities, fair to say? >> i haven't made them, documented them. >> so when i said made it, you recorded video? >> yes. >> and that's because you -- you take that video and posted it where? >> twitter mainly, social media. >> you also have your own youtube channel? >> yes. >> i do have an independent website. >> what's that column? >> -- that's my own independent website. >> is that a new source or a blog? >> it's ended up in it website. >> of what type. >> for myself. >> you characterize yourself as a professional commentator, what does that mean? >> that means i comment on the news professionally on a daily basis. >> professional meaning you are paid? >> yes. >> who pays you? >> i'm and employed by real americas voice. >> what is that? >> it's a website and they have their own apps. anna website. >> other than getting paid by real americas voice, do you get paid by any other source to do your professional commentating? >> no. >> is your drew h live it website part of real americas voice? >> no. >> the things that you post on your website, drew h live, do you share those with real americas voice? >> depending on what's going on where i'm at, but this is unrelated to what's happening in kenosha because i was not employed by real americas voice at the time. >> if that's something that happened since then? >> yes. >> and it does a real americas voice have any sort of political bias or agenda or anything like this? >> it goes to the bias of the witness your honor. >> bias in what respect? i assume -- coming from the beginning, this is not a political trial and i don't know how you would isolate a person's particular politics and determine that person is going to evaluate the evidence one way or the other. >> okay, i'll move on. your video is that you have captured of these incidents that you call riots, they are very slanted against the people who are rioting. you characterize them as antifa black lives matter rioters, correct? >> because they are rioting in the footage, absolutely. >> see you came here to kenosha because you felt like that was what was going on here? >> i felt like it could have possibly been a riot on the first night, so when i showed up it turned out to be a very violent riot. >> and you continue to cover that on sunday, monday and tuesday night? >> i covered it sunday night, went back to chicago on monday and came back on tuesday. >> so you weren't here on monday night at all. and on tuesday night you are recording video with your body cam? and you are also recording it with your cell phone? >> yes. >> the last video that we just watched of the shooting of joseph rosenbaum, was not recorded on your body cam or your cell phone? >> both. >> was there more than one video that you just shared with us? >> there is the body cam and the cell phone as well. >> what was the one that we just saw? >> i believe that may have been both. >> where is the body cam located when you wear it on your body? >> right here. >> and when you recorded the shooting of up joseph rosenbaum, where you're holding cell phone? >> right here. >> so the cell phone is using your right hand, above your shoulder. >> shoulder, same as my shoulder right here. and the body cam was on the left side of your chest, is that right? >> yes. >> the video we saw had a separate angle so when we saw that it's both, i don't understand what that means. >> that means there's two recordings of the same thing and that's why i submitted to the defense on the prosecution the entire videos. there is maybe 80 or 100 videos that you could examine for yourself. >> i know all that. what i'm asking you is what we just watched, which came or were you using to record data? >> both. >> is that video edited? >> no, it was put together at the right time. the timing. >> who did that? >> i did that. >> so you combine the mic combined to video sources into one? >> with the same timing and audio but at the same time the jury could also see for themselves that they look at the body cam footage and its exact same thing. >> that's what i'm getting at. >> you said if the jury looks at the body cam footage, is not separate from the cell phone footage? >> does have a slate to devices recording. >> and you are telling me what we just watched -- could we have exhibit 151 played again, please? okay. mr. hernandez, we have the video that was of the last one played for you, exhibit 151 up on the screen. can we play that forward please? now as we are watching this video, mr. hernandez, you are telling us that what we are seeing has been recorded by two separate devices at the same time? >> this is a body cam. >> okay. is there a point in this video where it switches to a cell phone? >> yes. >> could you please point out to us. >> you'd have to fast to come all the way and i get to car source three. >> can we skip -- let's get to the two and a half minute mark, i guess. i don't know. let's pause right there. >> a little further back. >> could we go back maybe 30 seconds? >> a little further back. start right here. i will tell you when it switches. >> okay. can we play from here please? >> yeah, a little further up. because when i we hit play right now. is this what's going to occur after this point? >> yeah. >> okay. right there. or a little more, here it goes. right there. >> okay. thank you. so what you did is you took a portion of your body body cam video and a portion of your cell phone video and you spliced them together? >> i don't know if i would say spliced but i put them together. >> that's an old-fashioned movie term from when they used to have actual film. why did you do that? >> because it's the same exact event, like i said, you could take a look at the body cam footage as well and see that as well on there. >> and you are testifying here today that through your attorney, you have provided the defense and that the state with that entire incident recorded on both your body cam and on your cell phone? >> yep. >> but what we just saw was you are editing of them together. >> you guys asked for my footage, so i give it to you. >> through her attorney. an attorney you have out of medicine? >> what the relevance of this? >> would have that question about other people. >> what's the relevance of this? >> i would like to know why he felt the need to re-retain an attorney to provide video in this case. i think it goes to bias, i think it goes to credibility. >> we are going to take our lunch break. these don't talk about the case during the break. >> john: judge bruce schroeder in kenosha, wisconsin, calling a recess after the prosecutor thomas binger was trying to question drew hernandez about why he put together the two videos that he had recorded the night of august 25th, 2020. one video taken from the body cam are worn on the left side of his body and the other taken from his cell phone which he was holding in his right hand. for more on this, let's bring in jonathan turley, fox news contributor. i'm here with jacqui heinrich today, what's your sense of what the prosecutor was trying to do there? in my layman's eye he was trying to suggest that maybe the video had somehow been manipulated, that he wanted to show that there was some bias in the video that hernandez had provided the prosecution and the defense. >> i think it's even more serious than not. i think what the judge was upset with, and i would have been vociferously objecting as defense counsel is that the prosecutor seem to cross the line again. he asked the witness, did you get the assistance of an attorney? and he said, yeah. i supplied this evidence through an attorney and then he said it, who was the attorney? then when the judge asked him why he was asking that, the he said,i want to know if it gos against his credibility. what i want to know is if someone who gets legal advice that somehow less credible, many people in less than an attorney because they want to do things right. typically in a case that so hot high profile and passions are so high, many people want that protection. so i have a feeling that the judge is asking once again, why is it that you keep on crossing these lines? earlier, the prosecutor referred to the fact that rittenhouse had remained silent after his arrest and that's a very serious violation. it could still end up with this whole case being dismissed and it now, he's drilling down on a witness to suggest that because he got an attorney that somehow goes to his credibility, that's pretty outrageous. >> jacqui: jacqui heinrich care. as you just referred to, the judge bruce schroeder has admonished the prosecutor a number of times, twice yesterday in the heated exchanges and a little bit just now that we heard. what impact could this have on the jury if the prosecutor is seen as disrespecting the court? >> quite frankly i don't see any real prosecutorial strategy. and i don't know why we would be making some of these arguments. the prosecution objected in front of the jury with evidence being brought in by one of the witnesses involving the videos. we have to really avoid that in front of a jury because it makes them wonder, why don't you want us to see that evidence? and when you see them against you, the jury is then quite interested in seeing this evidence that they weren't supposed to see. then, the prosecution kept on objecting, really conveyed to the jury, don't look at this. that's a type of basic problems that i'm seeing here where the prosecution seems to be flailing around in the courtroom. >> john: rittenhouse is facing six charges in total and one is unlawful possession of a firearm, sang at the age of 17 7 he was not eligible to own a long gun as he had with him that night. the prosecution is pushing on this particular misdemeanor charge of illegal possession of a firearm. andy mccarthy, our colleague here at fox has an interesting take on that in which he said, the prosecutors know that they have no case and they need this misdemeanor to distort reality such that they will be able to hoodwink the jury. under wisconsin law if a person engages in unlawful conduct, that person can lose his right of self-defense which of course rittenhouse is claiming and that is why prosecutors are desperate to keep the misdemeanor gun possession count in this case. do you believe, as andy seems to come up with the prosecution's case hinges on this idea that rittenhouse illegally possessed a weapon at the time, wisconsin law is muddy, therefore he is not eligible to the self-defense defense. >> and he is always very insightful on these issues and where i trained as a criminal defense attorney comes from a long and distinguished prosecution career. i don't think that's going to work quite frankly. there is another explanation. they'd be happy to get anything at this point. if you come out with a misdemeanor, it's all conviction. as i noted earlier, they seem to have reduced the range of options here from a hung jury to an acquittal because of all of these prosecutorial missteps. i think they may in fact be quite happy to get a misdemeanor. but andy is correct, you could use this to try to defeat the self-defense claim. they are going to find it very hard to make this cat walk backwards in that courtroom and they have lost a lot of ground. >> jacqui: pulling it back a little bit, what are the stakes for this kind of trial. if there is a conviction, and if he's not convicted, there is potentially some sort of concern that there would be a precedent where vigilante action is not scrutinized effectively, what are your thoughts? >> the problems with these trials is it's like watching different trials depending on where you get your news. unless you are watching the trial yourself, either this trial is falling apart due to systemic errors or it's falling apart due to systemic racism. it depends on where you are getting your news. in reality this was a difficult case to make under wisconsin law. they have a very robust self-defense rule and more importantly you followed that difficult standard by a series of prosecutorial missteps. at the prosecution kept on calling witnesses that kept on exploding on the stand. and the prosecution often asked questions and they didn't know the answer to which is a real problem in a court room and so with one witness for example the prosecutor drilled down and said, how would you know what was in this victim's mind? how would you know that he had threatening intent? and he said well, because he said he was going to kill me. it's that type of response that is a nightmare for trial attorney is, when you trigger something like that. but it happened over and over again for the prosecution. to be one of the big moments yesterday was when kyle rittenhouse broke down on the stock to make a stand not long after he got up on the stand and the prosecutor later tried to enter into evidence what he thought was contradictory evidence to kyle rittenhouse's emotional state. he appeared at a place called pudgy's bar and mount pleasant, wisconsin, wearing a t-shirt that said "free as f-word." he was there as his parents and took a bunch of self he is and appeared to be in a celebratory mood. the evidence that it would have been for month after that incident had no bearing on the case that they were trying at the moment. the prosecution was trying to say this goes to whether or not his emotional state of mind was really as we thought in the courtroom, trying to put that contradiction out there. was a judge right, jonathan, to disallow that evidence? >> i think he was. it doesn't go from state of mind to that day the judge is trying to protect the right of the defendant, and i've never seen a prosecution that danced on that line for so long. these are bright lines, you don't talk about a defendant's use of the privilege against self-incrimination, you remain silent. you don't try to paint his conduct with how he appeared months later. the judge is trying to mind is that line, to keep prejudicial information out. but part of the problem i think the prosecution is facing is that the jury is getting a virtual aerobic workout having to leave that courtroom every few minutes when they keep tripping these wires. the jury clearly understands that what they are being asked because the prosecution did something that the judge doesn't like. that's not going to add to your credibility. >> jacqui: the rittenhouse spokesperson david hancock has made some points about bias in this case. he pointed out the fact that the president, joe biden appears to be referring to rittenhouse as a white supremacist and he had this to say about media coverage. >> the media has been absolutely irresponsible, and surely abhorrent with this entire situation. they've been parroting the same false information time after time after time. and even do it to this day. and he didn't cross stateline with a weapon, that was known last year. it's appalling. >> jacqui: what are your thoughts jonathan? >> well, the people watching the trailer quite surprised and i think the most outrageous aspect of this is in fact present by dense comments. when before any real facts were known beyond the tragedy itself, declared this individual to be a white supremacist. he did so recently again with customs agents who were accused of flogging or whipping immigrants trying to come into the country. he just stated that is a fact and said that they have to be punished. those are damaging statements from the presidential candidate or the president of the united states. >> john: jonathan, david hancock took on the media for his coverage of this. it was suggested early on that rittenhouse went to kenosha because he was out for blood and wanted to get involved and he has denied that. and now some liberal publications are criticizing judge bruce schroeder saying, essentially, he's an ally of rittenhouse because of the way he's trend to mike handling this trial and some of the rules that he's making. what do you say? >> it's astonishing to me that so many people that are calling for equal justice are calling for the removal of a judge who's holding the line on basic constitutional principles. was he supposed to allow the prosecutor to talk about a defendant's right to remain silent or use it as incriminating despite a long list of supreme court cases saying you can't do that? what these people are arguing for is that he should be more of an advocate for prosecution. that's not a call for equal justice, that the call for mob justice. you don't want to judge to be biased and i don't think this judge has been. moxley a criminal defense attorney, and an i have not seen a trial like this one in terms of what the prosecution has attempted to do here. this is way beyond the pale. it may be a bit of side of desperation. >> john: we will be going back to that trial at some point, we appreciate the trial at some point. they are saying the prosecution doesn't have a case. and thomas binger can go home. >> watching this go on, what is their strategy? what's the approach here? are they searching for a mistrial and creating antics of their own? but you know, we will have to watch and see how it turns out. >> john: the trial will be resuming soon and we will go back to it when it does. >> jacqui: is a day to honor america's heroes, moving veterans day ceremonies across the country, honoring patriotism and courage of men and women who served in our nation. >> john: troubling new information is coming out of the pentagon, the biden administration still does not know how many americans and afghan allies are still in afghanistan three months after the withdrawal from there. veterans affairs secretary denis mcdonough with the first on fox interview coming up, stay with us. ♪ ♪ traveling has always been our passion, even with his parkinson's. but then he started seeing things that weren't there and believing things that weren't true. that worried us. during the course of their disease, around 50% of people with parkinson's may experience hallucinations or delusions. and these symptoms can get worse over time. nuplazid is the only approved medicine prescribed to significantly reduce hallucinations and delusions related to parkinson's. don't take nuplazid if you are allergic to its ingredients. nuplazid can increase the risk of death in elderly people with 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to reduce global emissions. at chevron, we're taking action. tying our executives' pay to lowering the carbon emissions intensity of our operations. it's tempting to see how far we've come. but it's only human... to know how far we have to go. at pnc bank, we believe in the power of taking steps forward.. whatever the pace. and whatever the size. that's why we set out to help make it easier for everyone to move forward financially. see how we can make a difference for you at pnc bank. >> john: the nation today honors men and women who served in the armed forces and the biden administration admits they left americans behind in afghanistan. and three months later the pentagon cannot provide an exact number of how many are left. listen here. >> how is it possible about the department doesn't know how many immediate family members are still left? >> we don't have a number for you. out we believe certainly most likely in the dozens. but one of the reasons we put the memo out last week was to encourage service members to come forward. >> john: joining us now is the secretary of veterans affairs, denis mcdonough. good to see what again. >> thanks for having me. >> john: if you are at the arlington cemetery earlier today for the memorial service at the tomb of the unknowns, which is always a very moving event. what do you believe that we as a nation need to keep in mind on this solemn day? >> as i said today in the president said today, basically veterans day is a day to remember, but also it's a day to renew our commitment to veterans. so what i think today means is, let's as an opportunity each of us to recommit and refresh our sacred obligation. >> john: this is a day that has been observed where america is not at war but there are a lot of veterans of the afghanistan conflict or very upset at the way that we got out of afghanistan a number of months ago. and of the fact that so many people are were left behind despite the fact that the president said we are going to get everybody out. do you say to those veterans? >> i want to say one thing first, we are not at war per se but we do still have a lot of our troops around the world standing guard, carrying out dangerous missions for us and what i say to them and their families is thank you. what i say to her afghan war vets is the same. first, thank you. second, your service protected this country for 20 years. we did not see a return to the attacks that we saw on that fateful day in september 2001 and it not only that, we went and decimated al qaeda. i think our troops should feel really proud about that. last point, i think you are right, there is frustration among some of our afghan war vets about 20 years of war and we ought to help address those questions. what i say to vets is, if something is bothering you, come forward. we are here from for you. we have a wide range of services whether you want to talk to another vet or a mental health professional, we are here for you. >> john: it is still a number of vets who are actively trying to get people out of afghanistan. >> not only get them out but also actively helped resettle afghans here in this country. vets don't stop serving, they could live to service and we saved and afghan war vets, too. >> john: at the same time, are there many veterans who come as you pointed out are upset but many are saying with pot this war for 20 years in afghanistan this right back where it was we started this thing with the taliban in charge. let's listen to congressman michael walsh was a veteran himself, and what he said. >> there's been calls to the va suicide chat line and it's a devastating for so many, but i think really, their disappointment and disgust for their own government right now and of the apathy and abandonment that they see and have felt is what has been so. >> john: it's we see a number of different issues here including one that has always been a problem which is the suicide rate which is one of the half times greater than people who are nonveterans. what are you doing to address those concerns? >> so one, i don't see apathy in our vets. i see absolute commitment and icy afghan war vets in particular continuing to fight to get afghans out, to get americans out and make sure that they are in a position to get resettled here. that's the first thing. the second thing, we have on the screen right now, we do obviously, if you are a vet and in crisis, get in touch with us. if you find yourself in an emergency situation today, we will get you seen today. if you think this is something that's a urgent and not an emergency, we'll see you in the next day or two with experienced professionals. and what i say to vets is, even if you are noncrisis today, don't wait. reach out. >> john: and there are hundreds of veterans across country who have had terrible respiratory problems as a result of being near the burn pits in iraq for so many years, inhaling the toxic fumes. you said in august that the department of veterans affairs is going to move and move quickly to see that those veterans, at least many of them got disability benefits. where are you on that front? >> he just announced today in the president referred in his speech today at arlington, we just announced today a new process by which we will make the determination. which conditions are veterans are suffering from and are actually going to be presumptively assumed to have been caused by the military service. not only that, but also on a very time-limited basis look at rare cancers and if any of those rare cancers are connected to our veterans services we will get them not only care about both of them and their family members benefits. >> john: how soon can we expect? >> the president demanded we get that done by early 2022 and we will do that. >> john: one of the things that we do as secretary of veterans affairs as you reset the va's relationship with the union. those in the trump administration of said this creates potential problems in that not as many veterans will seek choices and medical care rested before and as well accountability will go down because the unions are going to fire people who aren't performing. what do you say? >> i think the president the view and my view is that unions built the middle class in this country and i think our workforce is a strong union workforce and i think that leads to better outcomes for vets. on the question of the community, right now we are spending more per month in the community that we have in the history of the va and i think that's something that will continue because we want vets to get the best possible outcome. this is related to our relations with the union, too. one improves test for veterans and one improves outcomes. i'll make every decision based on those two things. >> john: it's a tough job you are taking on. >> it's an honor to be able to do this. in fact it's a blessing and i'm thrilled to have this opportunity. >> john: denis mcdonough, it's great to have you. veterans issues are obvious like huge. to honor veterans day fox news has teamed up with u.s. vets to make camo your cause, a campaign dedicated to ending veteran homelessness. to donate, go to u.s. vets.org. it was good to have you income i think you're the first administration official. >> and we are still on by the way. you're the first of administration official wait out in the studio with us. >> i'm thrilled to be here, especially today. today is an opportunity to refresh our commitment, but our commitment to vets is every day. today and every day. be one as it should be. >> i'm glad to be here with you. >> jacqui: good to meet you also. i cover the white house for fox and i know the burn pits has been a major policy priority for the administration, being that it is suspected that it contributed to those deaths. the announcement today is significant and we want to make sure that we honor all of our veterans. camo for a cause has brought a lot of visibility to this issue. >> john: and she is just across the street, you could have her over to the secretary's office for lunch. >> john: you could have robert for lunch every once in a while. >> then you could come up town, too. >> jacqui: "the american medical association" is going awoke with a new health guides of promoting. that's us critics argue the group should be more focused on saving lives instead of policing language. louisiana senator bill cassidy weighs in on this next hour. >> john: plus a veterans day ceremony is on its way to lincoln memorial to honor military life lost following 9/11. we are in washington, d.c., as the names of the heroes are ready for the first time. stay with us. ♪ ♪ ♪ ♪ ♪ it's walmart's black friday deals for days. score $30 lego sets and get other huge deals this friday instore. shop walmart's black friday deals for days. ♪ ♪ 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. >> jacqui: after a lowell in recent months, large groups of migrants including hundreds of women and children are once again beginning to cross over our southern border. our cameras were there as it happened in ohio and texas this morning and that's where we find vilma lucian. hey, phil. >> hey, good afternoon. it's been an incredibly busy day out here in la joya, texas, we had a group of runners come zipping by us and they ran right here into the dense brush and take a look at this video we shot here. we founded two of those runners hiding in a bush, very difficult to see them and there was a national guard helicopter hovering right above. i eventually border patrol agents arrived on scene and they arrested both of those men, took them into custody and took them away. those were 2 of 5 or six runners in these men will likely be title 42ed, which means they will be sent back to mexico later on today. take a look at this video we shot at around 1:30 a.m. this morning and the exact same area. we saw a group of about 150 migrants showing up, the cross illegally into texas and those were mostly those family units that walked down the road and they give themselves up to border patrol. this journey is attractive for the family units because they know under the biden administration policies, many of them will likely be released into the country with the future court date and they will be able to go wherever they want. take a look at the third piece of video. just a short time after that video was shot and later on in the morning, was on the other proof of migrants being arrested and this was a mixture of family units and runners. you can see the foreground in the drone shot, parents and family units, is it a single adult men, some wearing dark clothes and camouflage. the single adult men were being kept away from the family units by border patrol but this is all in the span of 12 hours today. one last thing we want to show you, pretty remarkable video here courtesy of breitbart. this is in roma, texas, where a private citizen got so frustrated with the smugglers coming over on rafts that he built a makeshift grappling hook and went to the river river's edge and started throwing it down as these rafts were, coming across the rio grande. he was trying to puncture them and sink them that he was unsuccessful in that regard. this dense remote brushy area, this is where those runners went into go hide and this is a constant game of cat and mouse with border patrol that happens not every day, every few hours here in the epicenter of the border crisis, la jolla, texas. >> jacqui: more incredible reporting from bill melugin. >> john: for the first time ever, the names of some fallen heroes who died during america's response to 9/11 are being read aloud in the ceremony taking place at the lincoln memorial. ryan manion lost her brother in that fight and she joins us on a moment to talk about how she is keeping his legacy of service alive. but we begin with griff jenkins, live in washington is the ceremony takes place. >> it's the first of its kind i should mention in their 7,070 names, heroes, all of them. men and women who gave their lives defending our freedoms since 9/11. they are on the ls right now and they are five hours plus end. they got a long way to go and we are fortunate to meet some of the gold star families. the clark family here, and nyack, let me start with you. they read your father's name today, it was very moving. what did you think? >> he was a diver and had 57 deployments. >> 57 deployments. casey clark, your husband was not just a diver but it also in a coa? >> he did special operations, covert ground, air and maritime operations. >> shall be, what is it meant to you to hear your husbands and all these other heroes names read at the ceremony? >> i think it's fulfilling our promise to remember those who give their life and service, to honor them come in to speak their names out loud and bring them into the present moment. so i think it's a beautiful tribute that i hope we will continue. >> for our viewers because many don't know, your husband casey served all 20 years of the global war on terror. explain. >> casey served the entire war in afghanistan. his first deployment to afghanistan was in april with 2002, just after the 9/11 attacks. and we are seeing the war and, and realized he served the entire war, much before and a little bit after. >> thank you for your brothers and service. would you like to say a quick thing about your father? >> he was a very good one. >> a very good one and very messed as well. that's just one of the 7,000 plus heroes and it's important to remember that family serve as well and pay a sacrifice. >> john: there is no question about that, god bless our military families. >> jacqui: our next guest is a gold star sister who lost her brother during the 2007 ambush by an enemy sniper in iraq. the courageous actions of lieutenant travis manion that day allowed every member of his patrol to survive the attack. joining us now isn't ryan manion, lieutenant manion's sister and president of the tribes manion foundation. thank you so much for joining us today. >> thanks for having me on. >> jacqui: tell me a little bit about your brother's story and your family story. >> absolutely. i am the proud sister of first lieutenant travis manion who, as you said was killed in iraq on his second tour of duty while pulling to safety two of his wounded teammates. but i'm also the proud daughter of a retired marine corps colonel and so veterans day being today, i see it from this perspective. my brother and i were growing up in camp lejeune, and i loved what griff said it, for veterans day it's about the families that serve alongside. mom was a proud's military spouse for 30 years and i definitely feel connected to the veteran and military community today more than ever today. >> jacqui: and you have turned of this tragedy that your family suffered into something so impactful. tell me about the foundation, its biggest priorities and what you guys are doing for communities like yours? >> absolutely. after travis' death, my mom started the travis manion foundation which my father and i and the beginning so as small memorial fund of that my mom could run into channel the grief of losing her only son. grown to be one of the largest veteran service organizations in the country. our recipe is simple, it's making sure that we continue to give our veterans as the take off the uniform and opportunity to continue to serve. because when they take that uniform off, they don't lose that sense of service. they want to be purposeful and they want to get back in the community, they want to continue to serve. the biggest way we do that through the foundation is through a program called a character does matter where we actually train military veterans to deliver character education to our nation's youth. >> i was reading on the foundation's website about some of the priorities that you guys try to tackle and what stood out to me was a line, the transition to civilian life can be greatly difficult. a everything, some experience loss and many ask themselves, what now? i would imagine this being the first veterans day in 20 years that we haven't been at war, how does this feel different to you and how does your foundation address that? >> after 20 years and here we are with a pullout in afghanistan, there's a boy to. there's a void for veterans as they take off that uniform. it's what comes next. listening to secretary mcdonough talk, we have to recommit that we are making sure that we are honoring the commitment to our veterans and make sure that we are giving them continued opportunities as they take off the uniform to showcase that they are civic assets, whether they are in uniform or not. these are men and women that understand what service, integrity, leadership and courage is all about. that's what they were taught in the military. so through the travis manion foundation, the work that we do, we say take the uniform off and continue to serve with them. continue to show the leaders that you are. >> jacqui: thank you so much for joining us. god bless you and your family and all of us who serve your country, we so appreciate the sacrifice that families make. >> john: and we so appreciate the many veteran service organizations as well who do god's work. it really do god's work. god bless all of them, too. day nine of the kyle rittenhouse at underway, the prosecution arguing that this wasn't a case of self-defense and rittenhouse was the aggressor. we got that story coming up and a whole lot more. stay with us. ♪ ♪ ♪ for me and you ♪ ♪ and i think to myself ♪ ♪ what a wonderful world ♪ a rich life is about more than just money. that's why at vanguard, you're more than just an investor, you're an owner so you can build a future for those you love. vanguard. become an owner. >> are you ready to start a great career? vanguard. >> safelite is now hiring. >> you will love your job. >> there's room to grow... >> ...and lots of opportunities. >> so, what are you waiting for? >> apply now... >> ...and make a difference. >> singers: ♪ safelite repair, safelite replace. ♪ >> man, i love that song! >> john: a fox news alert, on top of a brand-new hour as we keep an eye on kenosha, wisconsin where the trial for kyle rittenhouse is set to resume in the coming moments. i'm john roberts in washington. >> jacqui: thanks for having me, i'm jacqui heinrich and for sandra smith. the defense is making its case for a third day after a dramatic turn of events. >> the judge reprimanding the cup prosecutor several times and rittenhouse's team pushing for a mistrial requesting the prosecutor. the judge for a little while said everyone today would be on their "best behavior" from this point out. he also said it would be ideal if the trial finished tomorrow, but he added it, we will see. >> jacqui: we will take it to the courthouse in just a moment and also make sure you watch "hannity" tonight as kyle rittenhouse's mother gives her first television interview since the trial began. we begin with a story on new at 2:00, a chilling warning with the surgeon violent crime. >> john: at the head of new york's black lives matter movement promising bloodshed, riots and fire if the city's incoming mayor eric adams follows through on his plan to crack down on a violent crime. >> jacqui: eric adams, and the former police captain himself pledged back the nypd under crime unit. the nypd disbanded that move last year and they reassigned the bid protest to defund police. although why the a crime in the city has sort of not stopped. >> john: a man claims he was beaten by a group of four people outside of a trendy restaurant all because he asked them to stop harassing somebody. b3 i wanted beaten inside an elevator at a subway station and her attacker slugging her, throwing her to the ground and dragging her out by her feet. >> john: and a 62-year-old man hit with a baseball bat, stabbed and slashed in midtown manhattan not by one random criminal but instead by a gang of seven violent attackers. >> jacqui: in these stories and countless others are leaving new yorkers begging for a bigger police presence but the black lives matter leader says, if the old nypd comes back, they are taking to the streets. rough aleman well just moments the away but first let's go to bryan llenas in new york city with the story. >> good afternoon. despite the threat, new york city's mayor elect eric adams vowed today that new york will "not be a city of rioting and will not burn." yesterday, adams met with the cofounder, hawk knew some, of black lives matter chapter here in greater new york. it was a half-hour meeting, it was cordial and it was live streamed on instagram. blm laid out their policy demands of adams for helping the black community including the expectation that there will be police reform that disbands police unions and audits the nypd. but unsatisfied with the mayor is a lack of guarantee is, the blm leader hawk newsom made this threat right after the meeting. >> if they think they are going back to their old ways of policing and take to the streets again, there will be riots, there will be fire and there will be bloodshed. >> now during the height of the violent unrest, newsom said violence is sometimes necessary. here's how adams responded to the threat. >> we are going to have the backs of our police officers but we will hold them accountable to do their jobs. so if fringe elements want to hurl rid of it like that, that is silly to new yorkers. >> he is accused of showboating and he said while he downplayed the organization is not representative of the entire black lives matter movement. >> jacqui: that sounds incredible. what is the reaction work, what is the criticism rather come of black lives matter's towards eric adams? what's the biggest problem with him? >> ultimately it's a fact that, look. eric adams is a retired nypd captain and on top of that, he someone who campaigned on bringing back the anti-game, anti-criminal plainclothes police units that were disbanded in 2020. now newsom and blm opposed the unit saying they are responsible for deaths like that of eric garner. but eric adams today defended his policy. listen. >> if the bad guys know that the only thing they have to look after are those in blue and white cars, we have the disadvantage. you need the unpredictable aspect of policing and public safety and that the unmarked car. that keeps the bad guys off balance. >> adams obviously arguing that he believes plainclothes units are necessary to fight the surge in crime in the city. look, it's a tight rope for adams. he ran as a moderate pro-cop democrat in a very progressive city while at the same time promising to hold those police accountable. he's not even in office yet and already we have the fireworks between him and blm. >> jacqui: incredible. bryan llenas, live in new york city. thank you. >> john: let's bring in a rough aleman wall, he is the head of research at the head of policing and public safety initiative. i want to go back to hawk newsom's comments here at the top and i was actually going to put the text of what he set up on the screen but i just don't think it has the impact of hearing it come out of his mouth. so let's re-rack the and play again. >> if they think they are going back to the old ways of policing, then we are going to take to the streets again and there will be riots. there will be fire and there will be bloodshed. >> john: there will be riots, there will be fire and there will be bloodshed. is he issuing threats the right way to have a conversation about safety on police reform, rafael? >> absolutely not. it's completely unproductive and completely uncalled for. the mayor ought to be applauded for taking the time to meet with people who clearly disagree with him, and there is no way to repay that kind of confident like kindness. i sat down this morning and watched the entire exchange between mr. adams and mr. newsom and his colleagues and what i heard was anger and militancy and a slew of misguided policy proposals that ultimately rest on a faulty about the realities of police use of force and the connection between crime and socioeconomic indicators like poverty and joblessness. i think the public spoke when they elected now mary elect adams and choosing not to go with an abolitionist, choosing to go with someone who understood that the police and criminal justice system would have to have central roles. i think mary elect adams encouraged us all by holding the line on that. >> john: when you look at the fact that he was elected on the anti-crime platform and the fact that the two republicans were elected as district attorneys in nassau and suffolk county because bail reform was at the center of the race they are, is a large part of the electorate that says we do not like the way things are going right now. you do not like the fact that new york city which has the lowest crime rate of american big cities for a long, long time has now taken a sharp turn back to the bad old days of the 1980s. then you had this organization coming along saying, if you want to try to reduce violent crime in the city by bringing back what was one of the most effective anti-crime units in big cities in america, we are going to take to the streets and burn the place down. >> what that does is they are much more concerned with the dancing and ideology than they are with outcomes. what real new yorkers want is for crime to be brought back under control and they want to be able to take the subway and walked to and from work and walk the dogs at night and work their kids to and from school safely without having to worry about what is going to happen to them and not have to worry about catching a stray bullet as a young mother did in the bronx just a couple of weeks ago. this is not the sort of rhetoric that's helpful and i think it's important for the public to understand that what animates people like newsom is this idea that the nypd can be fairly characterized as a group of trigger-happy thugs and that couldn't be further from the truth. new york police department uses their firearms at one of the lowest rates of any major police department in the country. that wasn't always the case. in 1971 the nypd shot and wounded more than 220 people but by 2019 that number was down to 13 and the fact that the rhetoric is what i think frustrates new yorkers and makes it hard to think that group seriously. >> john: i did say they anti-crime unit was one of the most effective arrows and they new york police department's quiver in terms of fighting crime but it did have some issues though. in june of 2020 at disbanded because of a disproportionate number of incidents involving the anti-crime unit. eric garner was one of them. but eric adams isn't saying let's resurrect the old anti-crime unit, he saying let's reinvent it. blm doesn't want to have any part of the conversation and police reform. >> that's exactly right, they are interested in abolition above all else. and the reason why the nypd's use of force numbers have moved in the direction that they have, it owes to the professionalization of the department to the training and quality of the officers that were brought into the nypd over the course of the 1990s and up to thousands. we know that we can both improve outcomes and improve safety with respect to homicides and serious crime of all sorts. and the fact that mary elect adams is trying to balance those things and does something he should be applauded for and frankly i think new york is not a disregard for people like newsom. >> john: here's what adams actually said about what he wants to do to "the new york post." he said it "no reason we can't have both straight down like a safe streets and racial justice in our city. if black lives truly matter then we must address at violence in our community as well be addressing violence in policing. yelling and not listening gets us nowhere. so he's not resurrecting the anti-crime unit just to protect current times square fifth avenue, he wants to reinvent it across the city to address some of these communities that are having real problems. >> that's exactly right and what people need to understand about crime in new york city as it's both hyper concentrated both geographically and demographically. we know year after year, all a majority of shooting victims are black and brown young men and the the same goes for perpetrators. geographically less than 5% of all the city street segments account for half of all bank crimes in a given year. the nypd meet produce cement disproportionate specifics, and that's almost an entirely a function of the hyper concentration of crime and what we can't do is deny communities and needs of the policing resources. and it's always good to get your perspective. >> john: it clearly its intimidation, our way or the highway, we will bring streets down. >> it's kind of amazing. and seeing that eric adams was elected in new york, that says a lot, that he was even elected. where people stand and how people feel about this, but they want to stay safe at home. they believe in causes but they also want to protect their homes and their families and this got to be a balance to strike. we are going to go back to kenosha shortly, court has been in recess at the trial of kyle rittenhouse and the defense has been calling witnesses today. we are do drew hernandez who calls himself an investigative journalist and blogger. trying to poke some holes about potential bias when we left off of their last time so that will be resuming sometime shortly and we will head back to kenosha for more. ♪ ♪ buy a home, get cash, or lower their mortgage payments. we start by asking one simple question: how can we help that veteran? with more ways to help more veterans, no bank, no lender, no one knows veterans like newday usa. >> jacqui: now to the kyle rittenhouse murder trial, the defenses continuing its case asking for a mistrial after a line of questioning. >> john: and garrett tenney has the latest from the courtroom. what are we looking at this afternoon? >> for the second day in a row we are seeing some signs of frustration from bruce schroeder with the line of questioning by prosecutors. and a day after the defense, asked for a mistrial with prejudice over the prosecutors that they were asking on topics that the judge ruled would not be allowed at trial. the judge as you mentioned has not ruled on that request but legal experts have said it's clearly something he doesn't want to do to have this case decided by him rather than the jury. the defense called its final three witnesses including a youtube or independent journalists, and testified that joseph rosenbaum was aggressive with several groups opposing protesters that night before he went after kyle rittenhouse. >> he led the charge into the gas station and he was getting physically aggressive. he appeared to be attempting to start a physical altercation with people in the gas station, to the point where he was telling one of the individuals with a rifle, shoot me and where to shoot me and clearly attempting to start a physical altercation. >> hernandez also testified that he witnessed rittenhouse trying to de-escalate tensions between the groups earlier in the night. prosecutors will pick up their cross examination when the trial resumes after lunch here in a little bit and this morning at the judge says at this point he does expect closing arguments to take place tomorrow barring any last-minute changes. john and jackie? >> john: we will see. garrett tenney outside of the courthouse in kenosha. the judges back in the courtroom but we are not hearing any audio just yet so it could be a few minutes before they get underway. >> jacqui: while we are waiting let's talk to trial attorney heather hansen who has joined us. we've been watching the prosecutor's conduct throughout this, what do you think his strategy is? >> i think you know, sometimes we stretch a little bit when we don't have a lot to work with and i have to imagine that that was happening here. it does seem and, we've all been talking about this, but he keeps overstepping the boundaries that he should well know at this point in his career. and at this point, he doesn't have anything in order to get some sort of a conviction. >> john: we should point out that the judge is talking in the courtroom so let's jump back and, stay with us if you could because we will probably pull out a couple of times here. >> that's an attorney whose firm is also providing services to the defendant. >> so on the august 5th to 2020 you posted videos in support of the defendant. >> can you repeat the date? >> after the shooting on august 5th, 2020, you posted videos on social media in support of the defendant, didn't you? >> defined support. >> you posted videos that you felt would help his case by showing aggressive behavior on the part of joseph rosenbaum for example. >> i posted the same video that is evidenced today. >> and in your commentary you make some disparaging remarks about mr. rosenbaum, didn't you? >> what would you say is that? >> do you remember what you said? >> like to hear it. >> so you don't remember what you said? >> i don't remember, i posted many videos, if you could specify what you are talking about, i will correctly answer you. >> i'm going to ask a question under oath. >> i will tell you that i don't typically permit lawyers to remind people that they are under oath. and that's happened it two times the case here and i don't think most judges do allow it. of course they are under oath. it's actually a suggestion by the questioner, the witness is not being truthful. you are welcome to argue that beyond the trial but don't use it as a preface to your question. >> have you ever posted anything on social media in support of kyle rittenhouse? >> one could argue, yes. >> you have also been watching this trial while it's been going on, correct? >> yes. >> and when you've been testifying, you've been referring to the defendant as kyle. you are referring to the person that he killed is it mr. rosenbaum instead of joe or joseph. correct? >> yes. >> as you sit here today, do you personally know the defendant? >> no. >> but you call them by his first name. >> that's his legal name, what else am i supposed to call him? >> mr. rittenhouse. >> i do have a rule that is under the bridge, as chaucer wrote. witnesses are to be addressed formally. and there is no distinction between classes and races, and i do permit an attorney representing the defendant, to use the first name, and i would tell you that throughout this trial and every other people slip into calling people by their first names and, just so you know, it generally should be mr. rittenhouse. >> you testified that you observed mr. rittenhouse, you made a hand gesture that you characterized as him trying to de-escalate the situation, is that right? >> yes. >> were you wearing your body cam when that happened? >> yes. >> do you have footage of that? >> yes. >> have we seen that yet? >> it was submitted to you guys. >> but have you played that? >> no. >> there was a video that was played of the incident at the ultimate gas station with mr. rosenbaum in the dumpster, fair to say? >> the flaming dumpster. >> you are bristling at that location when that'll happen to come correct? >> yes. >> was the defendant? >> i can't recall if he was there or not. i was there. >> you never saw him at that scene, correct? >> no. >> you also mentioned that at one point, you observed a fire at a mechanic shop. do you remember where that was? >> it was a couple blocks away from sheraton. i don't remember exactly. >> that was some tires that were on fire in the middle of that lot, correct? and you have no idea who started the fire? speak up now. >> you're not here testifying that mr. rosenbaum started that fire? >> no. >> are not testifying that anyone else here started that fire, correct? >> i have no idea who started the fire. >> in the video that we played earlier, you are -- this is a video where you are walking down the street and you see the tipped over garbage can, people lighting things on fire and then you start walking the same direction as the defendant. do you remember what i'm talking about? >> yes, it was joseph rosenbaum. >> it was a rosenbaum, further south on sheridan. mr. rittenhouse, and then i don't know if you know this individual. there is a richie mcginnis. do you know who that is? >> yes. >> he was heading the same direction between you and the defendant. is that fair to say? >> yes based upon the footage. >> there comes a time where you may remember, the defendant starts to run. do you remember that? >> i didn't make any videos. >> record it. there comes a time in the video you recorded, and which you saw mr. rittenhouse start running. is that fair to say? >> after joseph rosenbaum was lighting a fire in the middle of the straight, he had his face covered. he stopped and started going towards the car source three walking, and a couple of seconds after you see kyle rittenhouse walked past the frame with the fire extinct sure. >> the question i was asking those sir, is there comes a time after that were in your video, mr. rittenhouse starts running towards that car source. i do recall that? >> yes. >> and mr. mcginnis who is between you and the defendant also starts running. and you start running, why? >> because the rioters were saying, and route to car source. in route to car source. and someone yelled out either burn in or burn inside or burn it down, it's hard to make out. we were clearly displaying riotous or arsonist behavior and covering riots, all 2020, i could tell something violent was about to happen. >> such as an arson or fire? >> possibly, yes. >> what else could possibly have happened? >> at the time, that's what i was thinking. >> so you're mostly concerned about running to get there in time to cover what you thought was going to be a fire. >> yes. >> was your decision to start running based on you seeing the defendant start to run? >> no. >> so you just independently started to run at that time? >> i just told you, people were saying in route to car source, someone said burn in, burn it down. the prior night rioters were burning down buildings in kenosha. >> the people that you quoted as saying those things, they are walking down the middle-of-the-road, weren't they? >> some were walking, yes. >> i couldn't tell his edit. who said it. >> these people you are characterizing as arsonist or rioters, whatever language you are using, or any of them running toward the 63rd car source? >> some were way ahead of me and in front of me so i wouldn't be able to tell. >> so you would know if those people way out of you were running or not? >> no, it would be too hard to tell. >> so i know you said you started running. what other people around you were running at that very moment? if you know. >> richie was in front of me so i think richie mcginnis was the one that started running and when we started hearing all the noise and people saying, burn it down, that's when i started to go run towards the car source. >> so one of the factors in your decision to start running with the fact that you saw mr. mcginnis start to run? >> yes, one of the factors. >> and you post on twitter, correct? >> yes. >> and you have a twitter name that is at drew h live. and drew h live is your show that you have or website, correct. and you tweeted about this incident on the night of august 25th, didn't you? >> yes. >> shortly after everything happened. >> yes. >> and you are talking about an armed citizen who opened fire on a riot her and you characterized the rioters as planning to burn down the car dealership. correct? >> yes. >> it seems like you are suggesting that the defendant, he's the armed citizen that you are referring to, right? that he is, in your opinion took necessary action to stop these writers. that's what your tweet is basically suggesting. >> at the time it appeared that he was attempting to protect the local business from violent rioters that had already displayed that behavior two nights prior. >> this is an example -- by the way this is at 11:35 p.m. on august 25th, 2020. i know you said you are from arizona, is it possible that this was arizona time, so two hours behind us? because the shootings hadn't happened here until about 11:50 p.m. so i'm wondering if that's why there was a time difference. >> no, i posted that -- are you referring to the video of the shooting of mr. brother-in-law? >> yes. >> i posted that specific video may be about 20 minutes after that happened. >> and you had me to conclusion your own mind that what the defendant did with the right thing. for you to say? >> i would have to look take a look at the specific tweets to remember what i was saying and why have a saying it. >> this is the tweet from augusn kenosha would have been before the shooting actually occurred. you say it appeared as an armed citizen was defending the car dealership and opened fire on the right her who was attempting to vandalize or burn the dealership down, before the shooting took place, the rioters were planning to burn down their "next car dealership." do you remember that tweet? >> yes. >> and that was shortly after this all happened. >> yes. now you were also asked if you had observed various individuals that night, and you told us about your observations of joseph rosenbaum. is that fair? >> yes. and you showed us and talked about your observations and videos that you had with regard to joseph rosenbaum. >> yes. >> do you know if you have any that pertain to gauge gross carts? >> no. >> i would have to go through a lot of footage. he might run through a frame randomly and that's what i would say. >> could we pull up exhibit 152, please. and we will play this at one minute 512th mark. are you able to see that okay? >> yes. >> are we able to play that, please? [video playing] >> pause. there is an individual who is crouching on the ground wearing a blue hat that appears to have some white lettering on it. i do see the person i'm talking about? >> yes. >> do you know who that is? >> i do not right now off the top of my head. >> is there any disagreement that that is gaige grosskreutz? >> and you are recording this because there is someone on the ground there who appears to be injured and treated by medics. is that fair to say? >> yes, because they were rioting. >> okay let's go to exhibit 153 at the 42nd mark, please. -- 40-second mark, please. >> back up please go ahead. [video playing] mr. hernandez, is this video that you recorded on your body cam? >> yes. >> and did you see something being shown in your direction? >> yes, a laser. >> where was i coming from? >> i have no idea. >> you recorded this video a lot or to a way, al's property away, from the 59th street car source. and that's a laser coming from the roof of the car source. >> yes. >> and you're holding up your press badge because you are worried that someone who is pointing that laser a you is at the same time pointing a gun at you, correct? >> yes. >> and that made you fearful for your safety? >> the context of this is the rioters had already tried to get into sparks and had a confrontation and that's what i testified to earlier. so then when they went behind the building and started throwing rocks on people on top of the building. >> when they think that they are pointing a gun at you come up that do you fear for your safety. didn't it? >> did you -- the question? >> asked and answered. >> do you recall the question? >> yes. not because i didn't want to be misidentified as a rioters. >> and you are fearful for your safety at that moment, or you? >> i'm always fearful in the midst of riots. >> at that moment, when that person on the roof is pointing a laser pointer at you and you think there's a gun pointed at you, you were feel full for your safety, weren't you? >> because i didn't want to get misidentified as a rioters. >> are you able to answer that question with a "yes" or "no"? >> i think the witness has answered it. >> fair enough. i have no further questions. >> mr. hernandez, do you believe that posting videos of what you saw would have done to help kyle? >> no. because of the moment i posted all these videos on social media i had no idea who kyle rittenhouse was or joseph rosenbaum the night of the riots. >> and the purpose of posting videos was what? >> to report. i'm a journalist, a reporter. >> mr. binger showed you a picture, or a video of the green laser thing. any idea who did that? >> i have no idea. >> i have no idea. >> nothing else. >> you say you are a journalist and a reporter? >> yes. >> earlier you've identified yourself as a professional commentator. >> all of the above. >> is it your practice as a journalist to interject your personal opinion to the stories that you are reporting on? >> no. >> but you did that here. >> where? >> on august 25th, a few minutes after they shootings, you posted on twitter your opinion as to whether the defendant in your mind was right or wrong in doing what he did, correct? >> no, i said apparently at the beginning of that statement. >> what effect did not have? >> it means apparently. that doesn't mean that this is 100% my opinion. >> you had already jumped to a conclusion, an apparent conclusion that that moment, right? >> that's what apparently means. >> that's not what journalists do. >> you may step down. >> >> for honor, one more point -- i believe my associate has emailed the updated report to your clerk and once that is done, i think we are done. i do wish that all the pictures that nathan the balloon view to be published to the jury. i never did that when i move them into evidence. >> they have to give the numbers that you want. >> okay, i can do that. >> but you can do that. >> john: we just got a brief pause in the proceedings as the court is allowing into evidence photographs of the defense wanted to include. let's bring in heather hansen again, what do you make of the prosecution's attempt to try to enqueue and at the witness? drew hernandez, suggesting that there was inherent bias that he had toward the defendant? >> i don't thickets very strong but he doesn't have the strongest case and one thing that we have to remember is that it's very hard to advocate if you don't believe. so by this week in the case the prosecutor you're likely feels very strongly that he is on the side of right and he's doing what he can hear in a situation where he doesn't have a lot of great evidence. i don't think the cross of that witness was very strong and i do think it's hard on any attorney when the judge keeps interrupting. i'm not saying necessarily that the judge was wrong here but i will tell you that the prosecutor has had bad day after a bad day and i think that this was yet again another bad day. >> he kept on going out hernandez to say, what you posted on twitter and what you said about it in the commentary, and what he said in the commentary was kind of unusual. >> he was saying it was commentary but i think the witness and the jury could certainly have concluded that it wasn't, that it was a reporting of the facts as he saw them and often there's a fine line between the two. i think also the important part of this witness is that he relays the scary sense that night and the fact that rittenhouse wasn't the only one feeling the sense of fear. remember the bottom line here on is whether or not rittenhouse was reasonable and acting in self-defense and i think ultimately that witness, and this is the reason why the defense called him last, that witness put the cherry on top of the sunday to make the case and that he in fact set felt the same way. >> jacqui: we mentioned that that should judge keeps interrupting and twice he did and trapped, wanting to remind the prosecutor that you can't remind folks that you are under oath. then a second time, to give his position on how to refer to people by their name so they don't imply some sort of familiar or family relationship. though he intervened on behalf of the witness, and then also against the prosecutor at one point. so what's your take on how he sort of is guiding the course here? >> i think there is a little bit of -- there appears to be some antagonism between the judge and the lawyer. and that happens sometimes. most lawyers who have talked about this case would agree that the prosecutor stepped over the line yesterday not once but twice and bring it up things, especially the defendant's silence which is an important part of a constitutional right and i'm sure that the judge is not happy with him. that happens. judges get unhappy with the lawyers and sometimes that comes out the next day. i think it's difficult if you are of the attorney on the receiving end of that but also you would be surprised how well juries can put that aside and decide the fate will make a case on the facts and that's what ultimately matters. 12 people have to come to the same perspective in this case and determine whether or not kyle rittenhouse is guilty of murder. the judge in the prosecutor's, they've made this really interesting to watch but i think that's less important to this jury than the evidence that they are hearing. >> john: what's your sense of the evidence that they have heard so far? if you were a juror where would you be leading in terms of decision? >> i think that it's pretty clear that this case of self-defense is very strong here and in my opinion, my things that i always say to my clients and myself every time i try a case is i have to maintain my credibility. if they don't find me incredible, i can't win. they might think i'm smart, they might think i'm funny and they might think i'm prepared but they have to believe me. the prosecutor has set himself up for some issues here and in his opening he made the statement that the first victim was shot in the back running away and there just hasn't been any evidence to support that. that to me as a loss of credibility and i would expect the defense to point that out during their closing. then the prosecution's star witness, the third victim who was shot in his arm and his bicep, he had a lot of credibility issues and these things are with the jury is ultimately applying their common sense and evidence way the credibility credibility of the witnesses and the case. it for me there is a loss of credibility for the prosecution's case in a lot of places but the jury will have to come together as 12 people and decide that together. >> jacqui: at one more question from me. what do you think the prosecutor was getting at when he was trying to make the connection that drew hernandez was referring to kyle rittenhouse as kyle and to the decedent as it mr. rosenbaum and wide with the judge intervened in the way he dead? break that down a little bit for us. >> i think at the time the prosecutor had also tried to establish and cut into the point where the prosecutor was trying to establish that they shared an attorney or someone paid for the attorney together. so he's trying to establish an inference that there is some relationship they are or they know each other. even while the witness denies that, keep trying to plant that seed and some of the jurors heads. remember they only need one juror who finds of the prosecution has made the case so he's hoping that one of these people might think that their last witness had a relationship with kyle or had an affinity towards kyle or was somehow biased and so he was trying to plant those seeds of bias. the judge tried to sort of straighten things out because he wanted to point out that kyle was being called by his first name rather than mr. rittenhouse, whereas the alleged victims were being called by their last name. i actually thought that that part of the testimony was sort of bumpy and clunky and not helpful to either side but i do think that as a prosecutor, he has a job to do and you may not like his job but part of his job is to find things that he can argue that the jury might grab onto. so this witness, that might have been the only thing. as an argument to be made that when that happens you don't ask any questions but i think the last witness on this case he had to do something and that's what he chose to do. >> john: r8, heather hansen, stay with us as we expect to come back to the trial for a little while as we figure out where they are going. don't know if the defense will rest a day and have closing arguments or if that might happen tomorrow. in the meantime, let's bring in jonathan turley. jonathan, i was reading on the internet today some of the opinions of the prosecutor on this case and some folks said that he has committed some of the biggest blunders in a criminal case sets marsha clark and chris darden said, hey o.j., try these gloves on. what do you think? >> these are unforced errors and there are a lot of them. it's interesting because on the criminal defense side we are often accused of sort of doing a jackson pollock, throwing everything we can against the canvas to distract the jury. this is a first criminal case i've seen that where the prosecution seems to be doing that and the defense has a very clear and consistent narrative. the prosecutor is flailing about, taking shots from any direction that they can. they are trying this case like their defense attorneys up against an insurmountable prosecution. and you see that in some of these attacks that just don't get traction. also what's interesting is how many questions that prosecutors have asked, they don't know the answers to. that's something that most trial attorneys really avoid and it has backfired on these prosecutors over and over again. i think this jury has been a very hard time trusting what the prosecutors are saying because i've contradicted things they said in the opening argument and that's what the law is in a given state including rittenhouse himself who sort of schooled the prosecutor on his ability to get a handgun. the other weird thing about this trial is that it seems like the prosecutors are attacking everyone, criticizing everyone, except the rioters. they went after rittenhouse repeatedly saying, didn't these protesters tell you to stay where you are? why didn't you listen to them? and it downplayed the fact that they were throwing bricks at police cars. in the meantime the defense is bringing out that one of the victims allegedly let a dumpster on fire and rammed it into a car with police officers inside. that's not going to sit well with the jury. >> jacqui: how tough is it to keep a trial focused on a narrow set of facts that pertains to these deaths and not bring in some of the political and cultural discussions around it? how difficult it is not this case? >> it's very hard and this is not the first trial that is in the center of a hurricane. so the judge tries to do what he can, tries to sequester them and tell them not to watch the news but it's very hard. the problem i think is when the prosecutors themselves bring them into the courtroom and the judge was getting very upset at points with the prosecutors. but at the end of the day, this is not about the actions of society, it's about the enter actions of an individual. so far the evidence has favored self-defense. it will be interesting how they pulled us together in their closing arguments. i think the defense has succeeded in doing something i tell my students is the real touchstone of trials. it you create a spine and a narrative and you maintain it from beginning to end so the jury knows where you are and where you're going. the defense did that. the prosecution did not. >> john: jonathan, stay with us. we want to squeeze in a quick break before we get back to court proceedings at some evidence is entered in. stay with us and we will be right back on "america reports." ♪ ♪ h wait, what? 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