administration's targeting of parents unhappy with their children's educational experience. house republicans say a whistleblower email shows how the fbi tracked some of those parents and that the president's attorney general has not been truthful about his involvement in all of this. chief washington correspondent mike emanuel starts us off tonight with this story. good evening, mike. >> bret, good evening. a number of republican leaders speaking out that eternal email turned over by fbi whistleblower raises questions about the candor of attorney general merrick garland. >> he either didn't know, which is terrible, or he mislead the committee when he came in front of us. >> the october 20th joint message from the criminal investigative division and counter-terrorism division directs fbi personnel to apply a new threat tag a means of compiling active threats to education officials. the fbi email says, quote: we ask that your offices apply the threat tag to investigations and assessments of threats, specifically directed against school board administrators, board members, teachers and staff. yet, here is attorney general merrick garland on capitol hill the day after that email was written. >> i can't imagine any circumstance in which the patriot act would be used in the circumstances of parents complaining about their children, nor can i imagine a circumstance where they would be labeled as domestic terrorism. >> jordan sent this letter to garland writing: this disclosure, the leaked memo provides specific evidence that federal law enforcement operationalized counter-terrorism tools at the behest of a left wing special interest group against concerned parents. that's a reference to the national school boards association which suggested parent protests could be a form of domestic terrorism. the fbi doubled down on the terminology comparing school protests to serious offenses. quote: a tag is merely a statistical tool to track information for review and reporting. the creation of a threat tag in no way changes the longstanding requirements for opening an investigation. nor does it represent a shift in how the fbi prioritizes threats. the fbi has used tags to track everything from drug trafficking to human trafficking. fox has reviewed the whistleblower's letter. it appears to be consistent with concerns raised by jordan with the attorney general. however, judiciary committee republicans are not publicly releasing the letter. now there are calls for garland to return to capitol hill for more questioning. >> he was sitting there saying oh we wouldn't charge parents. and then we obtained the memo from a justice department prosecutor that said here are 13 possible crimes. >> house republicans note the national school boards association has apologized for its september 29th letter to president biden. but garland has not rescinded his october 4th directive which came out less than a week after the nsba letter. bret? >> bret: justice hasn't really weighed in. >> no. they have been quiet about all of this. >> bret: mike, thanks. >> you bet. >> bret: jurors are heading home after continuing deliberations kyle rittenhouse charged with murdering two prefers and injuring a third. he claims self-defense. national guard tropical stormnae preparing for reaction to the verdict whatever it is. good evening,gate. >> bret, good evening to you. today judge bruce schroeder made it clear a mistrial is still very much on the table. is he deserving the right to declare one at any point including after the jury reaches a verdict. there was a lot of discussion today about videos of the shootings and media coverage, including from some on our network. the defense, once again, requested a mistrial arguing that prosecutors gave them a lower quality version of a key piece of video evidence than what was ultimately presented to the jury. >> we didn't have the quality of evidence that the state had until the case had been closed. and i think that is required in a case like this where he is looking at a life sentence potentially without parole if he is convicted. >> i do not believe an unknown technical incident should result in a mistrial. >> judge schroeder allowed the jury to rewatch that video. he warned prosecutors they are using a high risk strategy that could ultimately backfire. >> i persistently warned the state that you know, there is a day of reckoning with respect to these things. i forewarned you, i forewarned you, you pressed with this and that's fine. i have let it in. my view on it now is where we are, we might are as well follow through with it. >> this evening the jury spent around 45 minutes alone in the courtroom reviewing all of the video evidence in the case and right outside, tensions boiled over as a fight broke out between protesters. those tensions are being felt by folks across the community, including business owners who are bracing for any potential unrest. >> we are all on pins and needles, like you said. it is a day-to-day event of us worrying about whether we come back in the morning and our businesses are here. things are a little bit uneasy because we just don't know what's going to come next. >> local officials say they are confident they have all the resources they need to prevent a repeat of the kind of destruction we saw last year. deliberations are expected to pick up again at 9:00 a.m. tomorrow morning. bret? >> bret: garrett, what's the crowd look like out there. >> yeah, a couple dozen people that have been outside the courthouse all day. mostly folks here calling for kyle rittenhouse to be convicted. a handful with of folks out here to support him. we have seen tensions grow high at a few times today between those two crowds, bret? >> bret: garrett tenney live in kenosha, wisconsin. defense lawyers have prepared their presentation three white men accused of killing a black man in georgia. today the man who shot are a medicine arbery told the court he believed he was armed. desperate struggle over the defendant's shotgun. >> i shot him. >> why? >> he had my gun. he struck me. it was obvious that he was -- it was obvious that he was attacking me, that if he would have gotten the shotgun from me, then it was -- it is a life or death situation. he passed away, police were on scene. i walked over to the side and put my shotgun down. after that it was a [inaudible] >> >> bret: defense attorneys said client lawfully trying to stop burglaries in neighborhood. prosecutors call it a clear cut case of murder. president biden visited an electric vehicle plant today amid a growing national auto crisis and skyrocketing gasoline prices. this comes as the hard sell ramps up for the president's next bill the social spending and tax bill. here is white house correspondent peter doocy. >> what do democrats call trillions of taxpayer dollars meant to address climate change? a start. >> it's fabulous. it's great. it's big. but it's a good start. we have more to do. >> they claim their build back better plan also solves rising prices. >> if you want to fight inflation, support build back better. >> republicans aren't so sure. >> what they are talking about doing now with this next massive and reckless tax and spending spree is going to aggravate and accelerate this inflation issue even more. >> none of the republicans who supported the president's infrastructure package are on board with the new social spending plan. >> the hardworking men and women of this country cannot afford to be guinea pigs in a socialist experiment where democrats try to inflate their way out of inflation. [tires squealing] >> the president continues promoting his proposals today at electric vehicle plant in detroit. >> jump in the back. >> progressive biden allies believe they can pass the build back better plan by the end of this year. >> i'm dreaming of a green christmas. >> republicans worry about a different kind of green. >> this will be the most expensive thanksgiving in history and probably the most expensive christmas in history. >> president biden has admitted he has no short-term answer to rising gas prices but he is guessing the issue is fraud. asking the federal trade commission to probe anticonsumer behavior writing, quote: the bottom line is this gasoline prices at the pump remain high even though oil and gas companies costs are declining. some in his own party want speedier solutions. >> we need immediate relief at the gas pump and the place to look is the strategic petroleum reserve. >> the president is not on board with a that yet. >> here in detroit, you are going to set a new pace for electric vehicles. >> michigan today, new hampshire yesterday. as presidential approval ratings fall to new depths, that is two presidential swing states in the last two days. as president biden spends a lot of time at these events complimenting elected democrats as he tries to keep democratic lawmakers with him as some voters start to express doubts. bret? >> bret: peter doocy live on the north lawn, thanks. several congressional democrats bailing on next year's midterms possibly open the door republicans to make huge gains in 2022. already this week two prominent democrats have already announced they will not seek re-election. congressional correspondent aishah hasnie reports tonight from capitol hill. >> it's time for me to come home. >> and just like that another democrat announces their retirement bringing the total now to 14 house democrats ditching plans to run for reflection in 2022. compared to 10 republicans. many, like california congresswoman jackie spheres citing personal reasons. the major loss president's agenda puts the democrats' narrow house majority at risk in the midterms. >> even for some safe seat democratic members who have some seniority. they may not want to serve in the minority. >> democrats say it's all much ado about nothing. >> the vast majority of the class of 2012 came in as a result of retirement. because that's what happened in a redistricting year. we are are going to hold the house and grow our majority. >> the fox news found data from the last two election cycles the party with the most retirements which happen to be the g.o.p. both terms did not win the majority. and the recent abc-"the washington post" poll shows 51% of respondents say they would vote republican if an election for the house was held now. a 10-point lead the highest in the 40 years of the poll. republicans say it's why democrats are desperate to pass a build back better plan now. >> speaker pelosi has called this tax and spend bill the culmination of her career. she said it just a couple weeks ago on this very room. based upon the number of democrats jumping ship, this may be the culmination of many congressionals careers. >> and, bret, on the senate side, just one democrat has announced that he is retiring as opposed to five republicans. vermont senator patrick leahy's departure could open the door to a bernie backed progressive. we shall see. bret? >> bret: aishah, thank you. the democrat controlled house has censured arizona republican congressman paul gosar over his posting of a video that contained what some interpreted as images of violence against new york democratic congresswoman alexandria ocasio-cortez. the vote was 223 to 207. two republicans voted for censure. >> voluntarily took the cartoon down not because it was a threat but because some thought it was. >> we cannot have a member joking about murdering each other or threatening the president of the united states. this is both an endangerment the our elected officials and insult to the institution of the house of representatives. >> bret: congressman gosar was also stripped of two committee assignments. the congressman is the 24th house member to be censured. q none sh amon. known for horned headdress pleaded guilty in september guilty official proceeding when he and thousands of others stormed the capitol building. a navy veteran has been diagnosed with several mental health disorders. court documents indicate long time trump adviser steve bannon has pleaded not guilty to criminal charges that he defied a congressional subpoena from a house panel investigating the capitol riot. bannon made his initial appearance in federal court monday. he was due in court for arraignment tomorrow but has waived his right to a formal reading of the indictment. bannon says the prosecution is a politically motivated attack against him by president biden, attorney general merrick garland and house speaker nancy pelosi. stocks were down today. the dow lost 211. the s&p 500 fell 12. the nasdaq fell 452. jonathan karl of abc news his new book betrayal of the final act of the trump show. we will go into that and what comes out of it first, here is what some of our fox affiliates around the country the news from there what they're covering tonight. fox 29 in philadelphia where a judge rules the mask mandate for kindergarten through grade 12 schools and child care facilities must expire december 4th. that ruling comes a week after the judge's court threw out the statewide mask mandate. pennsylvania democratic governor tom wolf could still enact the mask mandate through an emergency regulation. wsvn in miami as a new report says more than 1,000 manatees have died in florida. single year record for the state. officials and environmental group say the threatened marine animals struggled from starvation due to polluted water a live look los angeles fox 11 affiliate out there. the iconic home of the los angeles lakers, clippers, sparks and kings will is it soon have a new name. staples center will now be known as the crypto.com arena starting christmas day. crypto.com is reportedly paying $700 million over 20 years for the naming rights. that is a live look outside the beltway from "special report." we'll be right back. ♪ ♪ ♪♪♪ ♪♪it's a most unusual day♪♪ ♪♪feel like throwing my worries away♪♪ ♪♪as an old native-born californian would say♪♪ ♪♪it's a most unusual day♪♪ ♪♪it's a most unusual sky♪♪ ♪♪not a sign of a cloud passing by♪♪ ♪♪if my heart won't behave in the usual way♪♪ experience the power of sanctuary at the lincoln wish list event. see blood when you brush or floss can be a sign of early gum damage. experience the power of sanctuary parodontax active gum repair kills plaque bacteria at the gum line to help keep the gum sealed tight. parodontax active gum repair toothpaste ♪ >> bret: getting new up sight tonight about former president trump's final months in office. jonathan karl of abc news has a new book out called "betrayal, the final act of the trump show" and he joins us tonight. jonathan, good evening. >> good to be with you, bret. >> bret: a lot of focus on january 6th with this committee and going down these roads about that day. you look into the weeks leading up to that. clearly the former president and cadre of advisers believe that vice president pence had the ability to somehow overturn the electoral college vote even though he didn't. but, at the same time, they are in the process of a transition to the biden administration. >> yeah. it's actually fascinating. in the west wing of the trump white house on the second floor, there was basically a clandestined transition operation being run by a man named chris ladel deputy chief of staff and longest serving member of the trump administration. and he was the official charged with handling the transition from the trump side and he never once briefed donald trump about his efforts but he had regular contacts throughout all of this with the biden team. and when i went back and talked to senior members of the biden transition they spoke actually quite warmly of chris liddle. they had lots of complaints about everything else being handled chris liddle as he was legally obligated to do was facilitating a transition that donald trump was actively trying to stop from happening. >> bret: meantime you had the defense secretary about moving troops. this is, you know, interesting. he was taking a lot of troops for this. esper, defense secretary had signed orders to begin moving some 700 members of the air division located in fort bragg to washington, d.c. had no intention to bring them into the city hope president trump would be play indicated by the movement. he wasn't deploying troops to quell american troops in the cities and dangerous and dictatorial urgings of his commander-in-chief you write. >> this is fascinating. as has been well established. donald trump wanted to deploy active duty u.s. military troops on the streets of american cities beginning with washington, d.c. during the unrest that followed the murder of george floyd. and what you saw happen here is esper opposed the invocation of the insurrection act to enable that to happen. but he knew that if donald trump actually signed an order invoking the insurrection act, he would have to either defy that order and resign or carry it out. he will wanted to prevent it from happening. so what he did is he took the 82nd airborne out of fort bragg about 47,000 troops. some others out of fort drum and kansas as well and he brought them to the washington, d.c. area to fort and other location not because he wanted to deploy them on the streets of washington, d.c. but because he wanted to create the perception that something was happening so that trump wouldn't order something to actually happen. and esper got hammered at the time. why is esper bringing active duty troops to washington? what else he doing? he was doing it to try to prevent trump from doing something much worse. >> bret: you talked to the former president. he praised your first book. he doesn't like this one too much. he put out some statements already about it do you think that that decision, whether he is going to run again, is the biggest political decision that effects everything and where is your bet if putting your chips on the table is the end route. >> i think it does. it's the single biggest thing we're waiting. we will keep us guessing for a long, long time. it's going to drive republicans crazy. particularly those who would like to run for president and are -- don't want to be in a position of having to run against him, waiting for him to decide first. i actually would first say that most people close to trump as you well know, bret, say that they believe is he going to run. some say it's 100 percent certainty. i actually think that he probably doesn't run but it's a close call, very close call. >> bret: it's interesting read. jonathan karl the book is "betrayal" thank you so much. >> thank you, bret. >> bret: up next the increasing numbers of illegal immigrants trying to make across the southern border into the u.s., exclusive video in the border. at least one person is killed. wounded in a minivan explodes in a shiite neighborhood of western kabul. isis has claimed responsibility. third blast in the afghan capitol in the past week. soaring smog levels in new delhi forced the indefinite closure of schools and some power plants. india relied on coal fired plants for 70% of its energy supply. the indian government is also considering weekend lockdowns to reduce automobile traffic and other air polluting activities. hundreds of migrants who were camped in the cold on the pollal poland belarus border are moved to a nearby warehouse in the belarusian territory. comes day after melee broke out throwing stones at polish forces on their side of the razor wire fence. water canons and tear gas. belarus luring desperate migrants to the border in an attempt to destabilize the european union. just some of the other stories beyond our borders tonight. we'll be right back. ♪ ♪ at vanguard, you're more than just an investor, you're an owner with access to financial advice, tools and a personalized plan that helps you build a future for those you love. vanguard. become an owner. ♪ >> bret: as the migrant surge picks up along the southern border we have new exclusive images of the struggle migrants desperately trying to enter the country and law enforcement trying to stop them. correspondent bill melugin reports again tonight from la joya, texas. >> a human smuggler driving a stolen truck leaves a desperate on del rio before bailing out. chases down migrants as they out of the vehicle trying to escape. >> 13 immigrants am he had ended including the driver. several hiding in the bed of the truck and won concealed in the large toolbox. in la joya, bins morning as usual groups of migrants walked down a road to give themselves up as after they crossed illegally more than 100 turned themselves into border patrol, a mixture of families, unaccompanied children and teenagers. border patrol here in the row owe grand valley sector says there were more than 45,000 migrant encounters in the sector in october. that's a 157% increase over the same time last year. this highly sophisticated drone belongs to private companies strategic response partners who has been working under the direction of women fighting for america founder christie hutcherson and with local law enforcement amidst the migrant crisis. >> they are heading back across the river now. >> we were with her team overnight in la joya as the use crossed illegally. hutchinson's team relayed border agents quickly closed in on the group. ultimately apprehended all of them. this is about more than illegal immigration. >> throwing bags. >> yeah. >> throwing bags in the water. >> drug trafficking has gone up over 450-something percent. that's a lot of drugs coming in flooding into the street. the drugs don't just stay here at the border. within 24 to 72 hours they are in cities all over the united states. >> over 100,000 americans died of a drug overdose in one single year. partly fueled by fentanyl ods that's a drug which continues to spill through our southern border. bret, we will send it back to you. >> bret: bill melugin along the border. thanks. on that point experts believe another top driver in that increase of opioid deaths is the covid-19 pandemic which left many drug users socially isolated unable to get treatment or other support. the united nations atomic watchdog says it believes iran has further increased its stockpile of highly enriched uranium in breach 2015 accord with world powers. the international atomic energy agency iaea says iran has estimated stock of 39 pounds of uranium enriched into up to 60% fissile purity increase of almost 18 pounds since august. secretary of state antony blinken curious message to africa this book. he says the u.s. democracy is in his word fragile. this comes during a trip to promote american democracy and values in the continent. here is state department correspondent benjamin hall. >> secretary blinken arrived in kenya on first day of first official trip to africa. in his very first statement he said. this we see the same fatalities here that we see in many parts of the world. misinformation. voter intimidation. voter bribery all across the united states hardly immune from these challenges. [inaudible] >> blinken is in after from can a to address some of the world's most serious human rights violations still thought to exash it to the state of u.s. democracy. administration officials says it shows humility. in reality it is u.s. diplomacy that is looking fragile unable to stop the bloody civil war in ethiopia despite attempts to broker cease-fire. >> all parties to seriously engage in negotiations. >> multiple rounds of diplomacy have been unable to stop the blood shed in ancient christian country where over 50,000 people thought to have died and as calls grow for international peace keeping so too with the genocide in and president clinton's inaction at the time. the former supreme allied commander of nato writing this week three decades ago the world stopped by and watched a brutal civil war unfold in the small are a infantry can nation. that was shameful. two weeks ago the state department urge all to leave ethiopia with echos of afghanistan the state department doesn't know or won't say how many americans are in the country. last week the state department did make a point of saying there would be no afghan-style evacuation for americans stuck in ethiopia. they did, however, offer to help them get on commercial flights out. bret? >> bret: benjamin hall traveling with the secretary of state. benjamin, thanks. up next the panel on some democrats bailing before the midterms and what that may say about republican prospects next year. >> when we describe these achievements to the american public that will be a record of results that we will be proud to run on. >> my colleagues and i are ready to fix this mess that this administration has created. ♪ namaste... ...surprise parties. aww, you guys. dupixent helps prevent asthma attacks... ...for 3!... ...so i can du more of the things i love. dupixent is not for sudden breathing problems. it's an add-on-treatment for specific types of moderate-to-severe asthma that can improve lung function for better breathing in as little as two weeks. and can reduce, or even eliminate, oral steroids. and here's something important. dupixent can cause serious allergic reactions, including anaphylaxis. get help right away if you have rash, shortness of breath, chest pain, tingling or numbness in your limbs. tell your doctor if you have a parasitic infection, and don't change or stop your asthma treatments, including steroids, without talking to your doctor. are you ready to du more with less asthma? just ask your asthma specialist about dupixent. (tiger) this is the dimension of imagination. ♪ ♪ ♪ ♪ >> the party is in trouble right now. >> there continues to be significant and substantial unease in our country. we have to have a message that is responsive to what people are talking about. >> the average person just wants their government to function and allow them to do well and their kids to do better. it's not rocket science. >> we're going to hold the house and we are going to grow our majority. most importantly we are delivering for the american people. >> speaker pelosi has called this tax and spend bill the culmination of her career. based upon the number of democrats jumping ship, this may be the culmination of many congressionals careers. think about it every week a new democrat announces their retirement. >> bret: well, what does the table look likes a we head into 2022 about the midterms. the new "the washington post" abc poll about if the election were held today for the house how would you vote? republicans would take control 51 percent said that, 41% to democrats. and as far as democrats retiring, there are a number of them who have retired in just the past few weeks. 14, actually. all across the country. texas, arizona, illinois, ohio, florida. leaving some positions possibly open for republicans to swoop in and get some of those districts. what about this? let's bring this our panel ben domenech publisher of the federalist. morgan ortagus spokesperson and fox news analyst and host of fox news media buzz howie kurtz. you look at and this look at past before the midterms, the party that does not seem to be doing well usually sees a boat load of retirements. >> i haven't checked with las vegas but the r's are pretty overwhelming that the republicans take the house next year. if you are a committee chair with own thiefdom looking at becoming minority member that is enough to make some democrats to say i haven't seen my family for decades but i should spend more time with them. barometer life under a speaker kevin mccarthy is going to be a whole lot less pleasant than nancy pelosi where they control the floor. they would be playing defense. democratic lentil lay temperature would be doa that's why they are trying to get trillions out the door now while they still hold the gavel. >> bret: candidate joe biden about what he was forecasting on the trail. take a listen to this. this is from october 24th, 2020. >> none of you will have your taxes raised. anyone making less than $400,000 will not see a penny in taxes raised. you will actually see your standard of living go up and your costs go down. this is why i'm going to do this. i'm going to ask big corporations and wealthy to pay their fair share! >> bret: obviously inflation has changed that entire picture, ben. >> that's absolutely changed it and changed the prospects that democrats are facing. look, the truth is that everything that i have heard in talking to republican campaign consultants is that they wish that this election going into the midterms was happening right now because the numbers that they see in their own internal polling that is supported by what we see in the public indicate a massive wave election that could be even bigger than what we saw in 1994 or 2010. and that is because of not just the ideological failure of the democrats' agenda, their own splits and their instability, i think, to get things working in a speedy fashion. but, also, just practical failures. you talk about the disas temperature of afghanistan as being a signal moment. this incident when it comes continue toflation that is leading us into a thanksgiving that's going to be more expensive for your average american household than anything that they have seen and an inability to get basic household staples which really is making people question the leadership of this white house. i don't think that's going away any time soon. if it doesn't go away, democrats really are headed into significant head winds next year. >> bret: morgan, i mentioned the other what we have seen on retirements in the past. if you look back to 2020 house g.o.p. retirements at 27 before the midterms, 2018, g.o.p. retirements 34. it did not bode well for that party heading into those elections and we're starting to see some of that on the democratic side. >> and of the 14 people retiring or moving on to run for another office, seven of those were nrcc targeted seats that were on the top of the list. and when you talk to the nrcc they talk around 70 seats that they're looking at targeting around the country. interesting fact today 89% of those seats have a won. a minority, or a veteran running in those seats. so the g.o.p. is being very smart, i think, on messaging and targeting a broad audience. you also have the major advantage of redistricting being in the g.o.p.'s favor and then, of course, listen, the democrats right now are in the same moment that republicans were in early 2017, which is they are the dog that caught the car, right? they got the white house, they got both legislative branches and i don't know if the party was totally prepared for what would happen when they had full control. you see the infighting that happened. happened to both parties. the last time i checked obamacare is still the law of the land because republicans didn't imagine to get it together in congress when they had full control of the white house and the two legislative branches. so it certainly is not, you know, both parties do this whenever they get full power. buff it is astounding, i think, to the degree to which the progressives are really going after the moderates from the messaging perspective. >> bret: we talked about afghanistan and that crisis of capability basically and competence if you look at the polls and how the public reads it. we also talk about inflation. buff this other issue about the fbi, the department of justice, and parents at school board meetings, take a listen to that -- the latest developments here, the attorney general and jim jordan. >> i can't imagine any circumstance in which the patriot act would be used in the circumstances of parents complaining about their children, nor can i imagine a circumstance where they would be labeled as domestic terrorism. >> he either didn't know, which is terrible, or he mislead the committee when he came in front of us and we need have him back. >> bret: howie, this is a big deal. >> a lot of issues that are breaking against the biden administration right now from gas prices to, as you just saw, questions about the justice department's veracity. and this is why i think, you know, even if things were going well, the president's party in power usually takes a drumming in that midterm. take today's vote to censure republican congressman paul gosar, if the republicans control the house that vote doesn't happen. next year there could be votes similar proceedings against democrats who might say extremist and inflammatory things. when you add it all up, it's a difficult picture. but, of course, we have a year to go and a lot can change. that's a lifetime in politics. >> bret: that's true. that's a good caveat to throw in there panel, stand by. up next, the kyle rittenhouse trial as the jury continues to deliberate. as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? 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>> because i didn't do anything wrong. i defended myself. >> he was acting lawfully in self-defense, the ballgame is over. >> consider all the events that had he occurred that evening, him being attacked, kicked in the head. hit in the head with a skateboard, other individuals running up on him. >> you lose the right to self-defense when you're the one who brought the gun. >> when you're the one creating the danger. when you're the one provoking other people. >> bret: well, the nation has watched this trial kyle rittenhouse trial in kenosha, wisconsin and now still on pins and needles as the jury continues to deliberate. we are back with the panel. ben, your assessment of where we are and after watching this all play out how this has all come together? >> well, i do think we are in an interesting moment, obviously everyone looks at a trial like this something that is a popular crime meaning it attracts such attention across the country and they take a lot of lessons from it. obviously those turn out to typically reinforce everyone's priors depending on how you see kyle rittenhouse and what happened in kenosha. but what i was struck by over and over again during this trial is the fact that rittenhouse even was there on the street that night. is itself kind of an indictment of the way that last summer was approached. the way that our police forces were deployed to try to protect property and american cities. and ways that seem to have really run in the opposite direction of what they ought to have been. in a sense that he never should have been there. he never should have had to be there. and i think that the fact that he was there rests on a lot of different questions that we ought to as a country turn and answer. in terms of the court itself though, my only hope is that whatever the verdict is, it does not result in additional violence of any kind or rightness on the streets of kenosha and many people in the community concerned about that. >> he. >> bret: a lot of people hoping it's peaceful whatever the verdict is you mentioned perception of rittenhouse. take a listen to this including president biden. >> 17-year-old outcome man, i don't know anything about him. all i know is there is some reporting about a connection to a militia in illinois. look, this is -- this is not who we are. this is not who america is. >> what i can reiterate for you is the president's view that we shouldn't have, broadly speaking, vigilantes patrolling our communities with assault weapons. >> he wanted to help his community and he brought his medical kit. because that's how he saw being able to do that. and he was carrying a weapon to defend himself. if he needed it. >> morgan the perceptions around this going in and even throughout have been really interesting to watch. how different places are covering it. >> absolutely. and no matter what-why he was there, why the police there. all this boils down to was this self-defense or not? and i really hope that the jury -- there has been so much misinformation, you know, people said why is he crossing state lines? they didn't know that he actually works in kenosha. i believe his father is there you can go through the list of things that really haven't portrayed accurately to the american people. but really what this jury has to decide is was he acting in self-defense or not? and then when you look at the broader picture that ben just talked about, to me it's just so shocking in this country how we all rush to judgment on both sides, right? we immediately go into our camps. we defend, we, you know, say that someone is guilty right away. we do all these things without having heard the facts without heard the trial, and i think that that's dangerous for the justice system in our country. people need to be able to believe in the outcome and to be able to believe in a jury by your peers. and it's very concerning to me that many people in this country don't. >> bret: yeah. media coverage is a part of it, howie. >> i have been so struck by how much of the mainstream media smeared and vilified kyle rittenhouse as a white supremacist. all the victims were white and as a murderer long before the trial. even with the evidence coming out of the trial that he acted in self-defense. the guy he wounded testified he pulled a gun on rittenhouse first. some of the pundits stuck to the argument he should be locked up and key thrown away. formally for rittenhouse, who is not a hero here and shouldn't have gone to a derek zone with an ar-15. is he entitled to a jury trial and not a trial by media. >> bret: we should point out there is another trial going on that we're following. arbery case not getting as much attention and we are following it as well. >> that's an important case as well. that is more racially charged. this one shouldn't be but has been made to appear that way by the media. >> bret: all right. panel, thanks. stand by, when we come back, tomorrow's headlines with you all. ♪ ♪ >> man: what's my safelite story? my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me... with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ you're a one-man stitchwork master. but your staffing plan needs to go up a size. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire to make my vision a reality. i have to take every perspective, and see clearly from every point of view. with my varilux progressive lenses i seamlessly transition from near to far. and see every detail in sharp focus. when you see no limits, there are no limits. book now at your local essilor experts to push the limits of your vision. varilux lenses by essilor. >> bret: finally tonight a look at tomorrow's headlines with the panel. howie, first to you. >> my headline joe biden kamala harris seek marriage counselor as rocky relationship leaks out. >> bret: there you go. in true headline form. okay. ben? >> russia collusion hoax laid bare before the american people but no one in the media seems to care. they just seem to move on from this thing that defined all the conversation for us for multiple years as if it was just all, you know, swept under the rug. >> bret: think about how much air time was used on that whole deal. pretty amazing. pretty amazing. all right. >> amazing. >> bret: yeah. morgan? >> mine is related to the higher prices we have been talking about. president biden says don't worry. our inflation is still lower than venezuela's. [laughter] >> bret: all right, guys. thanks so much. tomorrow on "special report," we'll continue to monitor the kyle rittenhouse trial as the jury continues to deliberate. could be any day. we will see. we will also have results enough fox polls on the president's approval ratings and the top issues facing the country. and in just about one hour, this is a great thing, the fox nation patriot awards. you can stream it live on fox nation.com. starts at 8:00 p.m. eastern. that at hard rock seminole. thanks for inviting us into your home tonight for "special report." "fox news primetime" by jesse watters starts right now. >> jesse: day two of deliberations has wrapped as pressure to convict kyle rittenhouse. outside the courthouse firsts are flying gatorade getting dumped on people's heads and even two arrests. the protesters are getting rowdy, demanding a guilty verdict from the jury. >> i'm here to support the call for kyle to go to prison for a very long time. >> he literally crossed the state lines with an assault rifle into a hostile environment. yo

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