Transcripts For FOXNEWS The Story With Martha MacCallum 2024

Transcripts For FOXNEWS The Story With Martha MacCallum 20240709



the crucial things that the defense needs to prove here, that that is how kyle rittenhouse acted in this situation. he's charged with the killing of two men and wounding another during riots that occurred in wisconsin last year when he was 17 years old. yesterday very emotional coverage, which you saw here when he broke down. he testified that he fired to defend himself, that he didn't intend to kill anyone. we're waiting to see if a judge could declare a mistrial here because on a couple of occasions he's berated the prosecutor over anti-constitutional prosecutorial tactics in his argument that he was making before the judge. garrett tenney watching this for us as we continue our live coverage from kenosha this afternoon. garrett, give us an update as to where we stand right now. >> yeah, martha, we've seen more frustration from the judge today with the line of questioning from prosecutors. when the assistant district attorney pressed the witness about his hiring of an attorney, the judge asked what the relevance was and quickly announced the trial was taking its lunch break. then not long after the trial resumed, he chastised the prosecutor for reminding the witness that he was under oath. >> i'm going to ask you a question under oath. have you -- we don't permit lawyers to remind people they're under oath. it's happened two times in the case here. it's not permitted. i don't think most judges -- of course they're under oath. it's actually a suggestion by the questioner the witness is not being truthful. you're welcome to argue that at the end of the trial. don't use that as a preface to your questions, okay? >> crew hernandez, a political commentator that was in kenosha just wrapped up his testimony. he testified this andrew rosenbaum was aggressive and threatened a group of folks that were standing there armed in opposition of the protesters that night before he interacted with kyle rittenhouse. he told the group, "shoot me, shoot me here in the chest." prosecutors try to poke hole in his credibility suggesting that he was sympathetic to rittenhouse. we mentioned one more witness to come back, a video expert. after that, prosecutors will have a chance to call rebuttal witnesses or recould wrap up with the arguments. earlier today the judge said he hoped to have closing arguments tomorrow. martha? >> thanks very much, garrett tenney joined by attorney brian claypool. good to have you with us today. as you watch what we've all watched this afternoon because this case has riveted the attention of so many, what is your take-away from today so far? >> well, this is a boxing match. right now before closing arguments, the vigilante killings are winning. the prosecution has just had a disaster the last couple days, martha. starting with if you recall a day ago, one of the guy that was shot, gage, his first name, he testifies that he's pointing a gun at rittenhouse. i mean, that testimony alone, martha, might result in what is called a directed verdict at the end of the case. the judge can decide to throw out the charge. then you have hernandez today coming in to testify. he doesn't have a bone to pick with anybody. he says that rosenbaum is the aggressor. there's commentary about let's kill rittenhouse. you know, shoot me. you know, this evidence clearly supports a self-defense argument. so i'm not sure what prosecutors are thinking when they brought these charges. >> martha: a couple of things. with regard to what you just discussed, the prosecuting attorney, thomas binger was trying to establish that drew hernandez, he was trying to erode his credibility saying that you're giving us this through your own perspective, that this is your commentator. he went back and forth with him because hernandez called himself a reporter and at another point a commentator. how successful do you think binger was in eroding drew hernandez or you think hernandez did a good job saying i was there, too and i was seeing the same thing that he said he saw? >> hernandez did a great job. the prosecution did not do a great job in attacking credibility. just for your viewers, that's what you're trying to do in cross exam. you're trying to show a bias and that you favor somebody else. the video speaks for itself, too. there's video of rosenbaum chasing after rittenhouse. so hernandez is corroborating tangible video evidence. so i really think, martha, when the prosecutor said hey, can we take a break, that is a bad sign for prosecutors. if you believe in your cross exam, you're salivating to get up there and start questioning that witness. >> yeah, it's like calling a time-out. so we're going to the courtroom. stand by because mr. black is taking the stand right now, john black. he's a self-defense expert. could be interesting testimony. let's listen in. >> do you know when you got that video? >> let me put it this way. did you get that video since you prepared your preliminary report in july? >> i don't know. i can take a look at my other items here and give you -- >> if you could, please. >> the video itself would have been original discovery, would have been the evidentiary items reviewed. . the interviewed statements would are have coincided in the second discovery would be in my supplemental report. >> with regard to this video and the report that you gave us since we last talked, it indicates here that you trimmed the video and it indicates you enhanced the levels. so you say you adjusted the contrast and the brightness to 175.1. am i reading it correctly? >> you are. but these are mash estimated values post production. i think captured at the exact moment, i was working on this and during the last time we talked and i matched the levels consequently. >> what do you mean matched the levels? to what? >> in other words, what you're doing, you're adjusting contrast on one side of it. if you want, i can show that to you. >> no. describe it. >> you're adjusting brightness on the other side. there's two sliders. one goes up from 0 to whatever. the other goes down. >> we've done this on our own personal cell phones. how did you arrive at the settings for contrast and brightness? where did you get that from? >> the actual video. >> so you had a raw video from source, which had a certain contrast and brightness level? >> the video that was given to me that -- yes, sir. i had a raw video. >> when you did work, you adjusted the contrast and the brightness on your work to match the original? >> no. i'm following this speaking. the process is i have a video, i cut out the piece i'm going to work on so i don't have it -- it takes a lot of computing power to work on it. it has that amount of frames. then i process that piece. so that piece video i run through in this case some simple processes, which is i level adjust, which is just simply adjusting the brightness and contrast to see if it can get more clarity out of it. from there, i like what the clarity looks like because i can see a preview of it. looks like i can see more, do whatever. i then put it into a no audio track as we discussed earlier, an mt-4 file. i say it would be nice if this was slower so i could make more sense out of and i adjust the frame rate. if it was 60 and i wanted slower, maybe i'll start out at 10 or go to 6 to discern stuff. that's what i'm describing. big file original, raw. what was given to me is raw. extract, same exact speed. no alterations, no nothing. then the extract levels enhanced, slowed frame reduction. >> so what i'm getting at is when you have that extract and you're enhancing the levels, you personally are adjusting the brightness and contrast in that extract? >> that is correct. >> and you're doing that because you're hoping that by making those adjustments it will make things in the video easier to see? >> that's fair. >> and with regard to the rest of the document you gave us since the last time you testified, you also indicate -- you did a similar process with the e.g. on the scene or e.g. on the go video which shows the second set of shootings. is that fair to say. >> that's fair to say. >> with that, you adjusted the brightness and the contrast yourself. >> yes, sir. >> and you did that because things in the video were easier to see. >> also correct. >> okay. you played for us earlier a -- you played for us that video on your computer, broadcast on to our tv. do you remember that? >> yes, i do. >> when you played it for us, you had it slowed down to a certain is that right? >> yes, sir. >> i thought i heard you say earlier and maybe i was wrong, i thought i heard you say a quarter speed? >> it's actually -- let's make sure we're talking about the right video. >> the b.g. on the scene video. this is on the second -- third to last page of your most recent document. >> right. so that would be -- if you take a look at the original, the original starting out at approximately 60 frames per second, that would be i guess page 3. page 4. it goes from 60, reduced down to 7 1/2. so the math would be a little bit around 8 down to 1/8. >> so the version you played for us this morning, it was at 1/8 speed? >> approximately, yes. >> is that a new video file that you created using your software? >> when the -- when it actually changes the frame rate, it produces a different file from that. >> that's what i'm asking. so do you have a file on your computer that is the b.g. on the scene video at 1/8 speed? >> it's the shorten version at 1/8 speed or approximately. >> that's what you played earlier? >> yes, sir. >> so if we wanted to, for example, we could take that file, mark it as an exhibit and introduce it in to evidence in this case? >> yes, sir. >> i would like to do that, your honor, with the defense's permission. >> i have no problem. i ask all the videos be marked on a hard drive and put in to evidence. >> i assume that's not something you can do instantaneously. that will take time to put them on a hard drive? >> if you give me a hard drive, i can do it -- >> we can work on it. i don't have any other questions. thank you. >> did you change anything other than the color and contrast? we've talked about frame rate. long day. >> right. >> you changed the frame rate? >> correct. >> on some of them. you changed the color and contrast on some of them, correct? >> well, i didn't change the color. i changed the brightness. >> color -- i'll ask it this way. were any of the frames color added or subtracted? >> no, sir. >> when color is added by either the operator or the program that is called interpolation -- >> it's a term, yes. >> -- those are done through various different ways. is that a fair statement? >> that's fair. >> one of them is by cubic? >> that is a type of interpolation. yes. >> can you name the types of interpolation? >> i can name some of them. the ones that this software allows me to be aware of of qualified in. >> go ahead. >> the nearest neighborhood, bilinear and bicubic are the different algorithms used. these are done primarily when enlargements are being done. >> nearest neighbor was the first one. the second one you said? >> bilinear. >> bilinear. and the third? >> bicubic. >> does nearest neighbor change -- >> martha: okay, this is dr. john black. he's a use of force expert. the focus is the discussion of the video that he used to take a look at what happened on the scene and what you're hearing here is a suggestion by the prosecution attorney, thomas binger, that things were altered, things were changed. what did you do? you changed the contrast. and then it's a new file for the video. you understand where he's going with that. so anything that might put a doubt in the mind of the jury in terms of what he saw or what he was looking at, whether or not it was altered in any way. then the defense attorney here that is trying to break it down a little bit stating the color was not changed in any way. the contrast is what was dialed up or dialed down. think about taking a photo on your iphone. you don't change the content of the photo by moving the lightness or darkness in either way. that's what they're trying to establish here. this is the final witness. this is a defense witness that we're hearing from right now. things are getting close to wrapping up here. the biggest moment of the trial is the very emotional testimony and the decision to testify under his own behalf, kyle rittenhouse yesterday. brian cliff, who is with us again and i have lawrence jones on the set who we'll spoke with in a moment. brian, your thoughts as they start to wrap this up and how -- what does it tell you that the defense is ready, getting close to being ready to rest this case? >> well, the last clip you played in court was a snoozer. can you say desperation? the prosecution -- seriously. talking about clips. they did the same thing with drew hernandez. you had a cell phone and a body cam video. sure he doesn't want to hear about that. prosecution should have been up there how far away was rosenbaum from rittenhouse when you shot? could rittenhouse given a warning before he shot in police officers are required to give a warning before they shoot if possible. that should have been discussed here. at the end of the day, rittenhouse testifying. that's a game-changer in this case. he was credible. he was poised. he didn't come off unsavory. most important, he talked about what was in his mind, that he felt like he feared for his life. and the video evidence corroborates that and also we've got verbal testimony in the courtroom that corroborates that. so at the end of the day, you're looking at possible acquittals on all three, maybe a hung injury on rosenbaum. not looking good for prosecution. >> martha: thanks, brian. >> you bet. >> martha: lawrence jones has been watching this as we have. good to see you. fox nation host and reporter on all of our coverage. great to have you with us. you know, i think as i said, so much of this goes back to the credibility of kyle rittenhouse. obviously a big decision. i would have loved to be in the room when they decided whether or not to put him on the stand. depends who you read and who you listen to in terms of how credible he was. brian claypool thought he was credible. you flip the channel. you'll hear people say that he was faking. what did you think? >> i thought he was credible. i think the prosecution -- almost as if they didn't interview the witnesses. when you have a witness that essentially admits to pulling the gun first on him -- >> martha: that was a big moment. >> gave the defense the opportunity to put him on the stand. i'm not sure they would have if they didn't take place before that. he wasn't just credible. he was very nuanced in the way he picked it apart frame by frame. the reason why he was sincere when he was emotional, he was so strategic laying out frame by frame, he remembered the streets, he remembered who was involved. when he gets to that moment when he describes where he's getting ready to discharge his weapon, he breaks down. i think the prosecution was ill prepared. this should have never gone to trial to begin with us. it was very emotional. we were in the middle of a presidential campaign. different political commentators, legal analysts are recanting what they said during the presidential race when tensions were high and cities were on fire. now we get to the moment where you can't use emotion in a court of law. you have to have evidence. the prosecution -- this is amateur hour. >> you're talking part of that about -- it's very difficult to understand how the prosecution didn't know that gage was going to answer the question the way he did. i pulled my gun first. then he -- >> that's why you saw the lead prosecutor put his face in his hands. he knew that was game over. >> martha: the judge at that point could have just basically eliminated that charge right there and then. it's going to be very interesting to see what happens with that charge. you touched on something else. this is so important in terms of what is going on with the way people see this case, right? it has like everything else in our society become so politicized. we have to as a nation be able to watch a trial like this, let the evidence play out. let the jury decide. we already have, you know, people who have undercut him, his family who made judgments on this case a long time before it ever made it to trial. >> i think the most troubling part is when you look at the activist community, the people that say they -- they claim they're for social justice are okay with going after a cop when he puts a knee on someone's neck. all right. that is the state abusing its power. this is the government going after someone when they have no evidence to put him on trial right now. so you know, this was extremely politicized. i keep going to the presidential elections. joe biden commented on this. he went to kenosha, wisconsin and had a lot to say about it. you had political commentators had a lot to say. because this guy was the sack official lamb for white supremacy. this was the trump supporter. this was the violent vigilante. it's fair to say why was a child out there? why wasn't the government doing their job protecting citizens on a day-to-day basis? why are they allowing cities to burn? part of the prosecution's attack on him is why didn't you turn yourself in? i went to the police and tried to turn myself in there. they told me they were going to mace me. so time and time again you look at his testimony, if we allow the system to do its job, the facts will come out. these people didn't want the system to do their job. they wanted him to be hung. they wanted him to get the death penalty. they called him a white supremacist. there's been no evidence presented in this trial to suggest anything so far. >> martha: yeah. and you know, i just go back to what is the most important essence of what is being discussed here. it's whether or not he had to defend himself. two people are dead. okay? so you have to have some sort of judicial system process play out here, right? two people are dead. the question is whether or not the videotape supports that he acted in self-defense. he got on the stand, he represented himself. there should be no official, somebody running for president suggesting that his motivation was white supremacy when this is an active case, when this is an issue. a 17-year-old boy who is in the fight of his life, two people that are dead whose families lost someone in this as well. for all of those reasons, you should hold your tongue on this. wait for the justice department to play out rather than using him as a political ploy the instant that it happened and judging before this process had even begin. >> look at the video. look at the witness testimony. whether you like him or not, that is not what he's on trial for. >> doesn't matter. >> is this self-defense or not. all he needed is one juror. you're telling me he didn't convince not one of them that it was self-defense? i think this is over. that's why the judge is clearly annoyed because they continue to go on and on. he says wrap this up. speed this along. >> martha: we expect to get closing arguments tomorrow. we look forward to bringing that to you tomorrow. this trial has so much rolled up in it and at the heart of it is the future hoff this 17-year-old boy and the two people that were killed, a man wounded also on the stand, the american justice system playing itself out and we look with great interest. look forward to seeing you tonight at 7:00. great to see you. still ahead, we have a "the story" exclusive on this veteran's day with the family of riley maccullum. one of 13 service members killed during the chaotic and deadly exit from afghanistan. his first child was born just weeks later. 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(judith) yep, we do better when our clients do better. at fisher investments we're clearly different. . >> martha: we look at who is getting hit the hardest by rising prices. the maroon and red states in the middle of the country are where inflation is going the highest. up 6.5% or higher. states along the coast not quite as hard. the president partially blaming his own covid stimulus checks for what is going on. watch this. >> the irony is, people have more money now because of if first major piece of legislation i passed. so the one hand we're facing new disruptions to our supplies. the same time, we're experiencing higher demand for goods because wages are up as well as people have money in the bank. >> martha: all right. america's newsroom co-anchor bell hemmer. >> nice to see you, martha. >> martha: i want to start with the way it was summed up from the "wall street journal" editorial. the labor department said the average earnings after inflation fell a half percentage point. so people are not making more money after inflation. real wages were down 2.2% since january. american purchasing power has declined. the average standard of living has fallen despite unheard levels of government spending. what say you? >> a lot to unpack there. the statement about wages being up have been wiped out by the inflation increases. you pointed that out. yesterday dana and i were meeting with our feel. if you're an american under the age of 40, you don't understand inflation. i'm going to be 57 this weekend. a birthday coming up. >> martha: happy birthday, bill. >> i don't remember the late 70s from gas lines and the price of a gallon of gasoline. but i remember the angst it caused my parents at the time trying to raise five kids and trying to make ends meet and trying to work everything out. interest rates were 18% back then as well. so you had that working against you. but the inflation factor is something that hits everyone in various ways. raises the ability for you to meet your own dollar in a much more difficult way. i think that's just the way you need to understand it right now. suddenly everything is more expensive. the other thing he said about the stimulus checks. based on all accounts, the hand-off between trump and biden, we had a trillion dollars, martha, that had been passed through legislation but had not been spent. so you have another $2 trillion on top of that. $1.2 trillion last week and thinking of 1.75, whatever the number is. some say it's high as 4 trillion. at some point, this has to stop. >> martha: so joe manchin. >> yes, he did. manchin has the line out there. it's not transitory. it's getting worse. what i think about now is what can this administration manage effectively. think about the list right now. you had covid. the vaccines were in the pipeline. the distribution they did well at that. he said july fourth was freedom from covid. didn't happen. you think about afghanistan. think about inflation. what has joe biden managed in his life? he was head of the senate judiciary committee. he was head of the senate foreign relations committee. i talked to some guys on the hill and some people out of office now, retired. i won't give up their nation. i wanted to know, you as a lawmaker, what do you manage? these positions were described as figure heads. you take the job and you fly around the world. they contend, however -- if you're writing tax law, you manage that job. if you do it well, you'll manage it well. this administration right now has to prove that they can manage their way out of this one. this is a tough nut to crack. >> martha: a good point. he's never run a business. most people have a very good sense of their costs going up. that's something that you don't get if you have never run a business. listen closely before i let you go, bill. jayapal said free child care will balance out rising inflation. watch this. >> it isn't really that you have to reduce the gas price. what you have to do is reduce the cost for families so that they can manage. that's what i'm saying with build back better. if we lower costs, that's what a family is looking at. that's what my families are saying. the gas is one thing. but if i can get my child care paid for, i'm in. >> the child care is not free. it's being paid for by increased taxes which get, you know -- spins off to increased prices as well. >> you're right about that. that is the sales point. i don't know if they'll be successful or not. mark is a center left democrat, a pollster with regard to inflation. he said it's a difficult situation outside an indictment or impeachment. abc news said 69% of the people asked say they know little or notice about build back better. >> martha: indictments don't impact people's lives as much as inflation. good to see you. >> thank you. >> martha: happy birthday. so it's been more than two months since president biden vowed retaliation for the killing of 13 u.s. service members at the abbey gate in afghanistan. there's the brave courageous members of our armed forces. >> to isis-k, we're not done with you yet. >> martha: the retaliation promised has not been delivered. i'm joined by royce and jim maccullum who lost their brother and son, riley, in that attack. i'll speak to them next. i am robert strickler. i've been involved in communications in the media for 45 years. i've been taking prevagen on a regular basis for at least eight years. for me, the greatest benefit over the years has been that prevagen seems to help me recall things and also think more clearly. and i enthusiastically recommend prevagen. it has helped me an awful lot. prevagen. healthier brain. better life. people everywhere living with type 2 diabetes are waking up to what's possible with rybelsus®. ♪ you are my sunshine ♪ ♪ my only sunshine... ♪ rybelsus® is a pill that lowers blood sugar in three ways. increases insulin when you need it... decreases sugar... and slows food. the majority of people taking rybelsus® lowered their blood sugar and reached an a1c of less than 7. rybelsus® isn't for people with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. wake up to what's possible with rybelsus®. ♪ please don't take my sunshine away ♪ you may pay as little as $10 per prescription. ask your healthcare provider about rybelsus® today. to see my ancestors' photos was just breathtaking. wow, look at all those! what'd you find? 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>> it's important that america realizes that over 7,000 men and women in uniform gave their lives since september 11, 2001 when i lost my brother. it's important that we read the names and honor the sacrifice that was made. not just veterans day but today is a good day to do that. you can see the 7,000 plus luminaries. we're very proud of what we're doing. >> we have footage from last night. 7,070 names. many gold star families reading names that we're hearing now. what has it meant to them? >> it means the world to them. you mentioned mccollum. there's shannon kent, a chief petty officer. she gave her life up. it was my friend's niece. he was so proud when she joined the navy. corporal ollis, a staten island boy. he saved a life in front of a suicide bomber. just heard him name. i know the family. listen to the names. i know so many of these gold star families. it's gut wrenching the know the sacrifice that was made. america has to realize the sacrifice made. that's why we're reading the names. >> the heroes for more than 20 years, the families that have defended freedom since 9-11. you hope this leads to more? >> yes, i think it will lead to more people being recognized. we deliver 35 mortgage-free homes to gold star families. it's a fitting day to give gold star homes away to the heros families that deserve them. i already spoke to -- i know you have lance corporal mccollum's family coming on shortly. i already spoke to his widow. we promised them a mortgage-free home. these are the things that we have to deliver from the tunnels and towers foundation. we want to read the names and do good in their honor and what better to give them a mortgage-free home. >> a remarkable day. great day. the last 13 will be read were the ones killed in afghanistan in august. >> martha: thanks, griff. joining me now, jim and royce maccullum, the father and sister of lance corporal riley mccollum, 1 of the 13 service members killed in kabul on august 26. welcome to both of you. thanks for being with us. you know, you're a gold star family. that is something to be proud of. it's not something that you ever wanted to be. we want to thank you and your family for the sacrifice. jim, i want to thank you for raising such a courageous young man who you are so proud of, who our nation and the rest of your family so must be so immensely proud of. so jim what are your thoughts today on this veterans day after your son's passing when you think of him? >> it's been rough today. rougher than i thought it would be. as patriotic as our family is, this hits home. just listening to your program. listening to the names being read was hard to not choke up. that came out of nowhere. i wasn't expecting that. >> martha: tim, what do you want people to remember about riley? >> oh, man. we'll remember him for who he was and how fun he was. the kid was so funny. we're still laughing as a family collectively. but across the country, i just -- i hope they remember him for the marine that he was and what he was doing there and everything he was doing is for the right reasons. he wanted to do something better, bigger and better than him and help people. that's exactly what hetha: m>> and it's clear that riley had it from such a young age, that he wanted to serve and he wanted to represent our country. i'm sure that you and your family instilled in him that kind of patriotism, that desire for service. royce, tell me a little bit about how his daughter is doing, levi riley rose and your thoughts about today. >> she's the cutest little girl. they didn't know the gender. it was a surprise. most people think she's a boy because everything she wears is blue. cutest little thing. smiley, giggly and fun. it's an honor to have her here and watch her grow. she's so big. today has been a lot. we started the morning off at the town square in jackson with the vfw doing a presentation. we've got a monument in the middle of the square that riley's name will be going on soon. it wasn't on there today. they were going to try to get it engraved but haven't been able to yet. just having his picture and the high school and middle school painted rocks. it was nice. it's been a tough day. >> sandra: >> a special spot. you're from a special place in jackson, wyoming. he represented so much of the grit and the courage where you're from. i want to play this one sound bite from president biden and gets your thoughts what should come next in the answer to all of this. >> we will not forgive, we will not forget. we will hunt you down and make you pay. >> martha: jim, i know you've said that rylee was on top of the wall and helping people over. that he helped to save someone who had been very supportive, an interpreter of our forces in afghanistan. what are your thoughts on what should happen? >> there's no bite in anything he says. as far as what happens or any retaliation, i'm still torn on how we left and why we left and what we did to that country. i still stand by that everything we did was wrong. you can't go there for 20 years, give those women freedom. that's all they have known for 20 years and pull that carpet out from under them. i don't remember where we go or how we rectify that, but what we did was for lack of a better word was asinine. >> martha: royce, what do you think about retaliation or what would you like to see happen now given the loss that you all suffered? >> his statement, we will not forget, we will not forgive, i will not forget that this is biden's fault and his administration's fault. i will not forgive him or anybody in the cabinet or the higher ups to remove the military. that gave up the cities and the base. you made new men come in when they had people that were there and a things under control. it was all a mess. a kindergartener could have told you better. you don't leave you're weapons for the enemy to take. the whole thing was asinine. how to move forward, i don't know. but yeah, we will not forgive or forget. >> martha: royce, jim, i would ask everybody to remember your son. rylee and his closest friends and the other u.s. service members. we stand with your family as you mourn the loss of him and pray for the future of his little girl. thanks for being here on this veterans day. >> thanks very much. >> thank you. >> martha: thank you. joining me now is retired four star general jack keane, former chief of staff of the army. general, we can't imagine what this family is going through. they're not alone. we hear all the thousands of names being read and the people being remembered today. your thoughts. >> it's heart breaking. having to come to grips with the mccollum family. knowing their life will never ever be the same as they're suffering through this loss. but what i think about when i think about be lance corporal mccollum that he joined the marine corps. that's what he wanted to do. he knew he likely had an aptitude to do that. not everybody does. that's the facts of it. so we welcome him. there he was on the watch tower. what was he doing? he didn't want to die. he was willing to put everything that he cared about at risk. he had a wife at home and a baby about to be born and loved ones at home wishing him well and he missed him. there he was. what was he doing there? he was making certain that american citizens and our afghan friends were able to escape the tyrrany of the taliban survive and go on and have productive lives. this was a dangerous evacuation under fire being taken place here. that's what that youngster's sacrifice is all about. when you think about what i just said, that is true honor. the country -- this country, the american people and i applaud fox as well will never take that kind of devotion for granted. we honor corporalmccollum and we honor his family for the sacrifice that they're undergoing as well. >> martha: beautifully put, general. he was on that watch tower. he put the people that needed to climb over the wall ahead of himself. and for that, we're grateful for his service. we pray for everybody who was affected by his loss and all the others. thanks so much, general. good to have you with us, sir. >> certainly, martha. >> martha: almost 40,000 american veterans are homeless tonight. 40,000 american veterans have no place to sleep. a group called u.s. vets is on a mission to change that. you can help by joining their campaign to "make camo your cause" at usvets.org. these are really cool looking gear. it's great stuff. i have some of it that i got. it's try nick. coffee mug, hats. all of it's. fox is fantastic to support this campaign. it's wearing camo for veterans day. you can go to usvets.org and support these individuals that are homeless. shouldn't be this way. so we're going to take you in a moment back to the courtroom in kenosha, wisconsin where the defense will rest their case. kyle rittenhouse is 18 years old now and we're following this case as it concludes after this. >> 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. ♪ >> martha: the defense has not yet rested in this case. this is the kyle rittenhouse murder trial in kenosha. the judge said he will consider letting the jury wait till monday before deliberating. let's listen in and see where they are right now. >> so this says in bold -- [inaudible]. >> yes. >> [question inaudible] >> what does that mean? >> that means the algorithm was selected was bicubic. >> are there other interpolation methods that you could use? >> yes. >> what are some of those? >> near's neighbor is one. bilinear -- >> martha: all right. brian claypool can say can you believe this is what they're still doing? can you explain what's going on? >> yeah, sure. often times during trial, issues come up whether a witness has a basis to testify in a certain area. i think this is an expert witness, right? so what the judge will do is viordire. they'll see if the testimony needs to be excluded from going in front of a junior. >> martha: so someone has questioned whether or not this person is an expert witness? >> exactly. right. you have to have a basis as an expert to testify. if you don't, it's inadmissible evidence. >> martha: it's almost unbelievable that you'd get to this point and establish that. you think that would have been established pretrail and going over the list of who the witnesses are and going before the judge and saying this is what we're going to bring forward, right? >> yeah. i mean, i think in closing argument, a defense council will attack and say prosecution has a really -- they put on a really weak case. you know, the defense counsel will portray rittenhouse that cares about his country and going to protect people. these individuals that were killed were the aggressors. >> martha: as i said, depending on who is covering it, you'll hear different sides of this story. clearly there's a jury of american citizens who are listening to all of this. that's what it comes down to. these individuals who will get together in that room. >> yeah. that's an excellent -- martha, that's an excellent point. when i went off air, i got messages from people like rittenhouse is a punk. he went down there to kill people. he put himself in harm's way. but that's what you're talking about. depends on your political -- that's not evidence. everybody is clamoring that he's a bad kid. that's not evidence. did he fear for his listen at the time that he shot the gun. that is evidence. >> martha: the most important thing will come in the instructions from this judge to this jury about what they should remember, what they should leave outside of the jury room when they go to deliberate, what matters are the facts in this case and we'll see how it plays out. thanks very much. good to have you with us. we watch the live shot of kyle rittenhouse. that is "the story" on veterans day. remember those that are courageous, that fought for our country and who we dearly miss. "the story" goes on. we'll see you back here tomorrow at 3:00. "your world" starts right now. >> neil: thank you, martha. this is it. the prosecution now getting a final crack at a final witness before the judge says this case can close. the jury can deliberate. that probably won't formally be the case until monday. the back and forth over the future of one while rittenhouse and whether or not he will be able to survive this trial and come out. some analysts saying legally unscathed. the issue here and under wisconsin law, the

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Transcripts For FOXNEWS The Story With Martha MacCallum 20240709 : Comparemela.com

Transcripts For FOXNEWS The Story With Martha MacCallum 20240709

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the crucial things that the defense needs to prove here, that that is how kyle rittenhouse acted in this situation. he's charged with the killing of two men and wounding another during riots that occurred in wisconsin last year when he was 17 years old. yesterday very emotional coverage, which you saw here when he broke down. he testified that he fired to defend himself, that he didn't intend to kill anyone. we're waiting to see if a judge could declare a mistrial here because on a couple of occasions he's berated the prosecutor over anti-constitutional prosecutorial tactics in his argument that he was making before the judge. garrett tenney watching this for us as we continue our live coverage from kenosha this afternoon. garrett, give us an update as to where we stand right now. >> yeah, martha, we've seen more frustration from the judge today with the line of questioning from prosecutors. when the assistant district attorney pressed the witness about his hiring of an attorney, the judge asked what the relevance was and quickly announced the trial was taking its lunch break. then not long after the trial resumed, he chastised the prosecutor for reminding the witness that he was under oath. >> i'm going to ask you a question under oath. have you -- we don't permit lawyers to remind people they're under oath. it's happened two times in the case here. it's not permitted. i don't think most judges -- of course they're under oath. it's actually a suggestion by the questioner the witness is not being truthful. you're welcome to argue that at the end of the trial. don't use that as a preface to your questions, okay? >> crew hernandez, a political commentator that was in kenosha just wrapped up his testimony. he testified this andrew rosenbaum was aggressive and threatened a group of folks that were standing there armed in opposition of the protesters that night before he interacted with kyle rittenhouse. he told the group, "shoot me, shoot me here in the chest." prosecutors try to poke hole in his credibility suggesting that he was sympathetic to rittenhouse. we mentioned one more witness to come back, a video expert. after that, prosecutors will have a chance to call rebuttal witnesses or recould wrap up with the arguments. earlier today the judge said he hoped to have closing arguments tomorrow. martha? >> thanks very much, garrett tenney joined by attorney brian claypool. good to have you with us today. as you watch what we've all watched this afternoon because this case has riveted the attention of so many, what is your take-away from today so far? >> well, this is a boxing match. right now before closing arguments, the vigilante killings are winning. the prosecution has just had a disaster the last couple days, martha. starting with if you recall a day ago, one of the guy that was shot, gage, his first name, he testifies that he's pointing a gun at rittenhouse. i mean, that testimony alone, martha, might result in what is called a directed verdict at the end of the case. the judge can decide to throw out the charge. then you have hernandez today coming in to testify. he doesn't have a bone to pick with anybody. he says that rosenbaum is the aggressor. there's commentary about let's kill rittenhouse. you know, shoot me. you know, this evidence clearly supports a self-defense argument. so i'm not sure what prosecutors are thinking when they brought these charges. >> martha: a couple of things. with regard to what you just discussed, the prosecuting attorney, thomas binger was trying to establish that drew hernandez, he was trying to erode his credibility saying that you're giving us this through your own perspective, that this is your commentator. he went back and forth with him because hernandez called himself a reporter and at another point a commentator. how successful do you think binger was in eroding drew hernandez or you think hernandez did a good job saying i was there, too and i was seeing the same thing that he said he saw? >> hernandez did a great job. the prosecution did not do a great job in attacking credibility. just for your viewers, that's what you're trying to do in cross exam. you're trying to show a bias and that you favor somebody else. the video speaks for itself, too. there's video of rosenbaum chasing after rittenhouse. so hernandez is corroborating tangible video evidence. so i really think, martha, when the prosecutor said hey, can we take a break, that is a bad sign for prosecutors. if you believe in your cross exam, you're salivating to get up there and start questioning that witness. >> yeah, it's like calling a time-out. so we're going to the courtroom. stand by because mr. black is taking the stand right now, john black. he's a self-defense expert. could be interesting testimony. let's listen in. >> do you know when you got that video? >> let me put it this way. did you get that video since you prepared your preliminary report in july? >> i don't know. i can take a look at my other items here and give you -- >> if you could, please. >> the video itself would have been original discovery, would have been the evidentiary items reviewed. . the interviewed statements would are have coincided in the second discovery would be in my supplemental report. >> with regard to this video and the report that you gave us since we last talked, it indicates here that you trimmed the video and it indicates you enhanced the levels. so you say you adjusted the contrast and the brightness to 175.1. am i reading it correctly? >> you are. but these are mash estimated values post production. i think captured at the exact moment, i was working on this and during the last time we talked and i matched the levels consequently. >> what do you mean matched the levels? to what? >> in other words, what you're doing, you're adjusting contrast on one side of it. if you want, i can show that to you. >> no. describe it. >> you're adjusting brightness on the other side. there's two sliders. one goes up from 0 to whatever. the other goes down. >> we've done this on our own personal cell phones. how did you arrive at the settings for contrast and brightness? where did you get that from? >> the actual video. >> so you had a raw video from source, which had a certain contrast and brightness level? >> the video that was given to me that -- yes, sir. i had a raw video. >> when you did work, you adjusted the contrast and the brightness on your work to match the original? >> no. i'm following this speaking. the process is i have a video, i cut out the piece i'm going to work on so i don't have it -- it takes a lot of computing power to work on it. it has that amount of frames. then i process that piece. so that piece video i run through in this case some simple processes, which is i level adjust, which is just simply adjusting the brightness and contrast to see if it can get more clarity out of it. from there, i like what the clarity looks like because i can see a preview of it. looks like i can see more, do whatever. i then put it into a no audio track as we discussed earlier, an mt-4 file. i say it would be nice if this was slower so i could make more sense out of and i adjust the frame rate. if it was 60 and i wanted slower, maybe i'll start out at 10 or go to 6 to discern stuff. that's what i'm describing. big file original, raw. what was given to me is raw. extract, same exact speed. no alterations, no nothing. then the extract levels enhanced, slowed frame reduction. >> so what i'm getting at is when you have that extract and you're enhancing the levels, you personally are adjusting the brightness and contrast in that extract? >> that is correct. >> and you're doing that because you're hoping that by making those adjustments it will make things in the video easier to see? >> that's fair. >> and with regard to the rest of the document you gave us since the last time you testified, you also indicate -- you did a similar process with the e.g. on the scene or e.g. on the go video which shows the second set of shootings. is that fair to say. >> that's fair to say. >> with that, you adjusted the brightness and the contrast yourself. >> yes, sir. >> and you did that because things in the video were easier to see. >> also correct. >> okay. you played for us earlier a -- you played for us that video on your computer, broadcast on to our tv. do you remember that? >> yes, i do. >> when you played it for us, you had it slowed down to a certain is that right? >> yes, sir. >> i thought i heard you say earlier and maybe i was wrong, i thought i heard you say a quarter speed? >> it's actually -- let's make sure we're talking about the right video. >> the b.g. on the scene video. this is on the second -- third to last page of your most recent document. >> right. so that would be -- if you take a look at the original, the original starting out at approximately 60 frames per second, that would be i guess page 3. page 4. it goes from 60, reduced down to 7 1/2. so the math would be a little bit around 8 down to 1/8. >> so the version you played for us this morning, it was at 1/8 speed? >> approximately, yes. >> is that a new video file that you created using your software? >> when the -- when it actually changes the frame rate, it produces a different file from that. >> that's what i'm asking. so do you have a file on your computer that is the b.g. on the scene video at 1/8 speed? >> it's the shorten version at 1/8 speed or approximately. >> that's what you played earlier? >> yes, sir. >> so if we wanted to, for example, we could take that file, mark it as an exhibit and introduce it in to evidence in this case? >> yes, sir. >> i would like to do that, your honor, with the defense's permission. >> i have no problem. i ask all the videos be marked on a hard drive and put in to evidence. >> i assume that's not something you can do instantaneously. that will take time to put them on a hard drive? >> if you give me a hard drive, i can do it -- >> we can work on it. i don't have any other questions. thank you. >> did you change anything other than the color and contrast? we've talked about frame rate. long day. >> right. >> you changed the frame rate? >> correct. >> on some of them. you changed the color and contrast on some of them, correct? >> well, i didn't change the color. i changed the brightness. >> color -- i'll ask it this way. were any of the frames color added or subtracted? >> no, sir. >> when color is added by either the operator or the program that is called interpolation -- >> it's a term, yes. >> -- those are done through various different ways. is that a fair statement? >> that's fair. >> one of them is by cubic? >> that is a type of interpolation. yes. >> can you name the types of interpolation? >> i can name some of them. the ones that this software allows me to be aware of of qualified in. >> go ahead. >> the nearest neighborhood, bilinear and bicubic are the different algorithms used. these are done primarily when enlargements are being done. >> nearest neighbor was the first one. the second one you said? >> bilinear. >> bilinear. and the third? >> bicubic. >> does nearest neighbor change -- >> martha: okay, this is dr. john black. he's a use of force expert. the focus is the discussion of the video that he used to take a look at what happened on the scene and what you're hearing here is a suggestion by the prosecution attorney, thomas binger, that things were altered, things were changed. what did you do? you changed the contrast. and then it's a new file for the video. you understand where he's going with that. so anything that might put a doubt in the mind of the jury in terms of what he saw or what he was looking at, whether or not it was altered in any way. then the defense attorney here that is trying to break it down a little bit stating the color was not changed in any way. the contrast is what was dialed up or dialed down. think about taking a photo on your iphone. you don't change the content of the photo by moving the lightness or darkness in either way. that's what they're trying to establish here. this is the final witness. this is a defense witness that we're hearing from right now. things are getting close to wrapping up here. the biggest moment of the trial is the very emotional testimony and the decision to testify under his own behalf, kyle rittenhouse yesterday. brian cliff, who is with us again and i have lawrence jones on the set who we'll spoke with in a moment. brian, your thoughts as they start to wrap this up and how -- what does it tell you that the defense is ready, getting close to being ready to rest this case? >> well, the last clip you played in court was a snoozer. can you say desperation? the prosecution -- seriously. talking about clips. they did the same thing with drew hernandez. you had a cell phone and a body cam video. sure he doesn't want to hear about that. prosecution should have been up there how far away was rosenbaum from rittenhouse when you shot? could rittenhouse given a warning before he shot in police officers are required to give a warning before they shoot if possible. that should have been discussed here. at the end of the day, rittenhouse testifying. that's a game-changer in this case. he was credible. he was poised. he didn't come off unsavory. most important, he talked about what was in his mind, that he felt like he feared for his life. and the video evidence corroborates that and also we've got verbal testimony in the courtroom that corroborates that. so at the end of the day, you're looking at possible acquittals on all three, maybe a hung injury on rosenbaum. not looking good for prosecution. >> martha: thanks, brian. >> you bet. >> martha: lawrence jones has been watching this as we have. good to see you. fox nation host and reporter on all of our coverage. great to have you with us. you know, i think as i said, so much of this goes back to the credibility of kyle rittenhouse. obviously a big decision. i would have loved to be in the room when they decided whether or not to put him on the stand. depends who you read and who you listen to in terms of how credible he was. brian claypool thought he was credible. you flip the channel. you'll hear people say that he was faking. what did you think? >> i thought he was credible. i think the prosecution -- almost as if they didn't interview the witnesses. when you have a witness that essentially admits to pulling the gun first on him -- >> martha: that was a big moment. >> gave the defense the opportunity to put him on the stand. i'm not sure they would have if they didn't take place before that. he wasn't just credible. he was very nuanced in the way he picked it apart frame by frame. the reason why he was sincere when he was emotional, he was so strategic laying out frame by frame, he remembered the streets, he remembered who was involved. when he gets to that moment when he describes where he's getting ready to discharge his weapon, he breaks down. i think the prosecution was ill prepared. this should have never gone to trial to begin with us. it was very emotional. we were in the middle of a presidential campaign. different political commentators, legal analysts are recanting what they said during the presidential race when tensions were high and cities were on fire. now we get to the moment where you can't use emotion in a court of law. you have to have evidence. the prosecution -- this is amateur hour. >> you're talking part of that about -- it's very difficult to understand how the prosecution didn't know that gage was going to answer the question the way he did. i pulled my gun first. then he -- >> that's why you saw the lead prosecutor put his face in his hands. he knew that was game over. >> martha: the judge at that point could have just basically eliminated that charge right there and then. it's going to be very interesting to see what happens with that charge. you touched on something else. this is so important in terms of what is going on with the way people see this case, right? it has like everything else in our society become so politicized. we have to as a nation be able to watch a trial like this, let the evidence play out. let the jury decide. we already have, you know, people who have undercut him, his family who made judgments on this case a long time before it ever made it to trial. >> i think the most troubling part is when you look at the activist community, the people that say they -- they claim they're for social justice are okay with going after a cop when he puts a knee on someone's neck. all right. that is the state abusing its power. this is the government going after someone when they have no evidence to put him on trial right now. so you know, this was extremely politicized. i keep going to the presidential elections. joe biden commented on this. he went to kenosha, wisconsin and had a lot to say about it. you had political commentators had a lot to say. because this guy was the sack official lamb for white supremacy. this was the trump supporter. this was the violent vigilante. it's fair to say why was a child out there? why wasn't the government doing their job protecting citizens on a day-to-day basis? why are they allowing cities to burn? part of the prosecution's attack on him is why didn't you turn yourself in? i went to the police and tried to turn myself in there. they told me they were going to mace me. so time and time again you look at his testimony, if we allow the system to do its job, the facts will come out. these people didn't want the system to do their job. they wanted him to be hung. they wanted him to get the death penalty. they called him a white supremacist. there's been no evidence presented in this trial to suggest anything so far. >> martha: yeah. and you know, i just go back to what is the most important essence of what is being discussed here. it's whether or not he had to defend himself. two people are dead. okay? so you have to have some sort of judicial system process play out here, right? two people are dead. the question is whether or not the videotape supports that he acted in self-defense. he got on the stand, he represented himself. there should be no official, somebody running for president suggesting that his motivation was white supremacy when this is an active case, when this is an issue. a 17-year-old boy who is in the fight of his life, two people that are dead whose families lost someone in this as well. for all of those reasons, you should hold your tongue on this. wait for the justice department to play out rather than using him as a political ploy the instant that it happened and judging before this process had even begin. >> look at the video. look at the witness testimony. whether you like him or not, that is not what he's on trial for. >> doesn't matter. >> is this self-defense or not. all he needed is one juror. you're telling me he didn't convince not one of them that it was self-defense? i think this is over. that's why the judge is clearly annoyed because they continue to go on and on. he says wrap this up. speed this along. >> martha: we expect to get closing arguments tomorrow. we look forward to bringing that to you tomorrow. this trial has so much rolled up in it and at the heart of it is the future hoff this 17-year-old boy and the two people that were killed, a man wounded also on the stand, the american justice system playing itself out and we look with great interest. look forward to seeing you tonight at 7:00. great to see you. still ahead, we have a "the story" exclusive on this veteran's day with the family of riley maccullum. one of 13 service members killed during the chaotic and deadly exit from afghanistan. his first child was born just weeks later. (judith) in this market, you'll find fisher investments is different than other money managers. (other money manager) different how? don't you just ride the wave? (judith) no - we actively manage client portfolios based on our forward-looking views of the market. (other money manager) but you still sell investments that generate high commissions, right? (judith) no, we don't sell commission products. we're a fiduciary, obligated to act in our client's best interest. (other money manager) so when do you make more money? only when your clients make more money? (judith) yep, we do better when our clients do better. at fisher investments we're clearly different. . >> martha: we look at who is getting hit the hardest by rising prices. the maroon and red states in the middle of the country are where inflation is going the highest. up 6.5% or higher. states along the coast not quite as hard. the president partially blaming his own covid stimulus checks for what is going on. watch this. >> the irony is, people have more money now because of if first major piece of legislation i passed. so the one hand we're facing new disruptions to our supplies. the same time, we're experiencing higher demand for goods because wages are up as well as people have money in the bank. >> martha: all right. america's newsroom co-anchor bell hemmer. >> nice to see you, martha. >> martha: i want to start with the way it was summed up from the "wall street journal" editorial. the labor department said the average earnings after inflation fell a half percentage point. so people are not making more money after inflation. real wages were down 2.2% since january. american purchasing power has declined. the average standard of living has fallen despite unheard levels of government spending. what say you? >> a lot to unpack there. the statement about wages being up have been wiped out by the inflation increases. you pointed that out. yesterday dana and i were meeting with our feel. if you're an american under the age of 40, you don't understand inflation. i'm going to be 57 this weekend. a birthday coming up. >> martha: happy birthday, bill. >> i don't remember the late 70s from gas lines and the price of a gallon of gasoline. but i remember the angst it caused my parents at the time trying to raise five kids and trying to make ends meet and trying to work everything out. interest rates were 18% back then as well. so you had that working against you. but the inflation factor is something that hits everyone in various ways. raises the ability for you to meet your own dollar in a much more difficult way. i think that's just the way you need to understand it right now. suddenly everything is more expensive. the other thing he said about the stimulus checks. based on all accounts, the hand-off between trump and biden, we had a trillion dollars, martha, that had been passed through legislation but had not been spent. so you have another $2 trillion on top of that. $1.2 trillion last week and thinking of 1.75, whatever the number is. some say it's high as 4 trillion. at some point, this has to stop. >> martha: so joe manchin. >> yes, he did. manchin has the line out there. it's not transitory. it's getting worse. what i think about now is what can this administration manage effectively. think about the list right now. you had covid. the vaccines were in the pipeline. the distribution they did well at that. he said july fourth was freedom from covid. didn't happen. you think about afghanistan. think about inflation. what has joe biden managed in his life? he was head of the senate judiciary committee. he was head of the senate foreign relations committee. i talked to some guys on the hill and some people out of office now, retired. i won't give up their nation. i wanted to know, you as a lawmaker, what do you manage? these positions were described as figure heads. you take the job and you fly around the world. they contend, however -- if you're writing tax law, you manage that job. if you do it well, you'll manage it well. this administration right now has to prove that they can manage their way out of this one. this is a tough nut to crack. >> martha: a good point. he's never run a business. most people have a very good sense of their costs going up. that's something that you don't get if you have never run a business. listen closely before i let you go, bill. jayapal said free child care will balance out rising inflation. watch this. >> it isn't really that you have to reduce the gas price. what you have to do is reduce the cost for families so that they can manage. that's what i'm saying with build back better. if we lower costs, that's what a family is looking at. that's what my families are saying. the gas is one thing. but if i can get my child care paid for, i'm in. >> the child care is not free. it's being paid for by increased taxes which get, you know -- spins off to increased prices as well. >> you're right about that. that is the sales point. i don't know if they'll be successful or not. mark is a center left democrat, a pollster with regard to inflation. he said it's a difficult situation outside an indictment or impeachment. abc news said 69% of the people asked say they know little or notice about build back better. >> martha: indictments don't impact people's lives as much as inflation. good to see you. >> thank you. >> martha: happy birthday. so it's been more than two months since president biden vowed retaliation for the killing of 13 u.s. service members at the abbey gate in afghanistan. there's the brave courageous members of our armed forces. >> to isis-k, we're not done with you yet. >> martha: the retaliation promised has not been delivered. i'm joined by royce and jim maccullum who lost their brother and son, riley, in that attack. i'll speak to them next. i am robert strickler. i've been involved in communications in the media for 45 years. i've been taking prevagen on a regular basis for at least eight years. for me, the greatest benefit over the years has been that prevagen seems to help me recall things and also think more clearly. and i enthusiastically recommend prevagen. it has helped me an awful lot. prevagen. healthier brain. better life. people everywhere living with type 2 diabetes are waking up to what's possible with rybelsus®. ♪ you are my sunshine ♪ ♪ my only sunshine... ♪ rybelsus® is a pill that lowers blood sugar in three ways. increases insulin when you need it... decreases sugar... and slows food. the majority of people taking rybelsus® lowered their blood sugar and reached an a1c of less than 7. rybelsus® isn't for people with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. wake up to what's possible with rybelsus®. ♪ please don't take my sunshine away ♪ you may pay as little as $10 per prescription. ask your healthcare provider about rybelsus® today. to see my ancestors' photos was just breathtaking. wow, look at all those! what'd you find? 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>> it's important that america realizes that over 7,000 men and women in uniform gave their lives since september 11, 2001 when i lost my brother. it's important that we read the names and honor the sacrifice that was made. not just veterans day but today is a good day to do that. you can see the 7,000 plus luminaries. we're very proud of what we're doing. >> we have footage from last night. 7,070 names. many gold star families reading names that we're hearing now. what has it meant to them? >> it means the world to them. you mentioned mccollum. there's shannon kent, a chief petty officer. she gave her life up. it was my friend's niece. he was so proud when she joined the navy. corporal ollis, a staten island boy. he saved a life in front of a suicide bomber. just heard him name. i know the family. listen to the names. i know so many of these gold star families. it's gut wrenching the know the sacrifice that was made. america has to realize the sacrifice made. that's why we're reading the names. >> the heroes for more than 20 years, the families that have defended freedom since 9-11. you hope this leads to more? >> yes, i think it will lead to more people being recognized. we deliver 35 mortgage-free homes to gold star families. it's a fitting day to give gold star homes away to the heros families that deserve them. i already spoke to -- i know you have lance corporal mccollum's family coming on shortly. i already spoke to his widow. we promised them a mortgage-free home. these are the things that we have to deliver from the tunnels and towers foundation. we want to read the names and do good in their honor and what better to give them a mortgage-free home. >> a remarkable day. great day. the last 13 will be read were the ones killed in afghanistan in august. >> martha: thanks, griff. joining me now, jim and royce maccullum, the father and sister of lance corporal riley mccollum, 1 of the 13 service members killed in kabul on august 26. welcome to both of you. thanks for being with us. you know, you're a gold star family. that is something to be proud of. it's not something that you ever wanted to be. we want to thank you and your family for the sacrifice. jim, i want to thank you for raising such a courageous young man who you are so proud of, who our nation and the rest of your family so must be so immensely proud of. so jim what are your thoughts today on this veterans day after your son's passing when you think of him? >> it's been rough today. rougher than i thought it would be. as patriotic as our family is, this hits home. just listening to your program. listening to the names being read was hard to not choke up. that came out of nowhere. i wasn't expecting that. >> martha: tim, what do you want people to remember about riley? >> oh, man. we'll remember him for who he was and how fun he was. the kid was so funny. we're still laughing as a family collectively. but across the country, i just -- i hope they remember him for the marine that he was and what he was doing there and everything he was doing is for the right reasons. he wanted to do something better, bigger and better than him and help people. that's exactly what hetha: m>> and it's clear that riley had it from such a young age, that he wanted to serve and he wanted to represent our country. i'm sure that you and your family instilled in him that kind of patriotism, that desire for service. royce, tell me a little bit about how his daughter is doing, levi riley rose and your thoughts about today. >> she's the cutest little girl. they didn't know the gender. it was a surprise. most people think she's a boy because everything she wears is blue. cutest little thing. smiley, giggly and fun. it's an honor to have her here and watch her grow. she's so big. today has been a lot. we started the morning off at the town square in jackson with the vfw doing a presentation. we've got a monument in the middle of the square that riley's name will be going on soon. it wasn't on there today. they were going to try to get it engraved but haven't been able to yet. just having his picture and the high school and middle school painted rocks. it was nice. it's been a tough day. >> sandra: >> a special spot. you're from a special place in jackson, wyoming. he represented so much of the grit and the courage where you're from. i want to play this one sound bite from president biden and gets your thoughts what should come next in the answer to all of this. >> we will not forgive, we will not forget. we will hunt you down and make you pay. >> martha: jim, i know you've said that rylee was on top of the wall and helping people over. that he helped to save someone who had been very supportive, an interpreter of our forces in afghanistan. what are your thoughts on what should happen? >> there's no bite in anything he says. as far as what happens or any retaliation, i'm still torn on how we left and why we left and what we did to that country. i still stand by that everything we did was wrong. you can't go there for 20 years, give those women freedom. that's all they have known for 20 years and pull that carpet out from under them. i don't remember where we go or how we rectify that, but what we did was for lack of a better word was asinine. >> martha: royce, what do you think about retaliation or what would you like to see happen now given the loss that you all suffered? >> his statement, we will not forget, we will not forgive, i will not forget that this is biden's fault and his administration's fault. i will not forgive him or anybody in the cabinet or the higher ups to remove the military. that gave up the cities and the base. you made new men come in when they had people that were there and a things under control. it was all a mess. a kindergartener could have told you better. you don't leave you're weapons for the enemy to take. the whole thing was asinine. how to move forward, i don't know. but yeah, we will not forgive or forget. >> martha: royce, jim, i would ask everybody to remember your son. rylee and his closest friends and the other u.s. service members. we stand with your family as you mourn the loss of him and pray for the future of his little girl. thanks for being here on this veterans day. >> thanks very much. >> thank you. >> martha: thank you. joining me now is retired four star general jack keane, former chief of staff of the army. general, we can't imagine what this family is going through. they're not alone. we hear all the thousands of names being read and the people being remembered today. your thoughts. >> it's heart breaking. having to come to grips with the mccollum family. knowing their life will never ever be the same as they're suffering through this loss. but what i think about when i think about be lance corporal mccollum that he joined the marine corps. that's what he wanted to do. he knew he likely had an aptitude to do that. not everybody does. that's the facts of it. so we welcome him. there he was on the watch tower. what was he doing? he didn't want to die. he was willing to put everything that he cared about at risk. he had a wife at home and a baby about to be born and loved ones at home wishing him well and he missed him. there he was. what was he doing there? he was making certain that american citizens and our afghan friends were able to escape the tyrrany of the taliban survive and go on and have productive lives. this was a dangerous evacuation under fire being taken place here. that's what that youngster's sacrifice is all about. when you think about what i just said, that is true honor. the country -- this country, the american people and i applaud fox as well will never take that kind of devotion for granted. we honor corporalmccollum and we honor his family for the sacrifice that they're undergoing as well. >> martha: beautifully put, general. he was on that watch tower. he put the people that needed to climb over the wall ahead of himself. and for that, we're grateful for his service. we pray for everybody who was affected by his loss and all the others. thanks so much, general. good to have you with us, sir. >> certainly, martha. >> martha: almost 40,000 american veterans are homeless tonight. 40,000 american veterans have no place to sleep. a group called u.s. vets is on a mission to change that. you can help by joining their campaign to "make camo your cause" at usvets.org. these are really cool looking gear. it's great stuff. i have some of it that i got. it's try nick. coffee mug, hats. all of it's. fox is fantastic to support this campaign. it's wearing camo for veterans day. you can go to usvets.org and support these individuals that are homeless. shouldn't be this way. so we're going to take you in a moment back to the courtroom in kenosha, wisconsin where the defense will rest their case. kyle rittenhouse is 18 years old now and we're following this case as it concludes after this. >> 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. ♪ >> martha: the defense has not yet rested in this case. this is the kyle rittenhouse murder trial in kenosha. the judge said he will consider letting the jury wait till monday before deliberating. let's listen in and see where they are right now. >> so this says in bold -- [inaudible]. >> yes. >> [question inaudible] >> what does that mean? >> that means the algorithm was selected was bicubic. >> are there other interpolation methods that you could use? >> yes. >> what are some of those? >> near's neighbor is one. bilinear -- >> martha: all right. brian claypool can say can you believe this is what they're still doing? can you explain what's going on? >> yeah, sure. often times during trial, issues come up whether a witness has a basis to testify in a certain area. i think this is an expert witness, right? so what the judge will do is viordire. they'll see if the testimony needs to be excluded from going in front of a junior. >> martha: so someone has questioned whether or not this person is an expert witness? >> exactly. right. you have to have a basis as an expert to testify. if you don't, it's inadmissible evidence. >> martha: it's almost unbelievable that you'd get to this point and establish that. you think that would have been established pretrail and going over the list of who the witnesses are and going before the judge and saying this is what we're going to bring forward, right? >> yeah. i mean, i think in closing argument, a defense council will attack and say prosecution has a really -- they put on a really weak case. you know, the defense counsel will portray rittenhouse that cares about his country and going to protect people. these individuals that were killed were the aggressors. >> martha: as i said, depending on who is covering it, you'll hear different sides of this story. clearly there's a jury of american citizens who are listening to all of this. that's what it comes down to. these individuals who will get together in that room. >> yeah. that's an excellent -- martha, that's an excellent point. when i went off air, i got messages from people like rittenhouse is a punk. he went down there to kill people. he put himself in harm's way. but that's what you're talking about. depends on your political -- that's not evidence. everybody is clamoring that he's a bad kid. that's not evidence. did he fear for his listen at the time that he shot the gun. that is evidence. >> martha: the most important thing will come in the instructions from this judge to this jury about what they should remember, what they should leave outside of the jury room when they go to deliberate, what matters are the facts in this case and we'll see how it plays out. thanks very much. good to have you with us. we watch the live shot of kyle rittenhouse. that is "the story" on veterans day. remember those that are courageous, that fought for our country and who we dearly miss. "the story" goes on. we'll see you back here tomorrow at 3:00. "your world" starts right now. >> neil: thank you, martha. this is it. the prosecution now getting a final crack at a final witness before the judge says this case can close. the jury can deliberate. that probably won't formally be the case until monday. the back and forth over the future of one while rittenhouse and whether or not he will be able to survive this trial and come out. some analysts saying legally unscathed. the issue here and under wisconsin law, the

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