privilege federal charges. does kyle rittenhouse have cause for a case of defamation against the president of the united states. but first let's get to my open. schools closed, buildings board up and small businesses shuttered. tensions rose as the people of kenosha, wisconsin anxious are you waited for the jury to return a verdict in the kyle rittenhouse case. for some this is the case of a young man who took a gun a protest to defend his community. but others it's vigilantism and all the connotations it takes. for me, the criminal justice system opening displayed before a nation. this was more than the case after 17-year-old under indictment for shooting three people. at stake was the rule of law and whether the rule of self defense is still viable. and understood what circumstances can an individual legally defend himself. the case was a microsolve of mia microcosm of america. the mainstream media demonized kyle rittenhouse as a racist and active shooter looking to kill. at a time when chaos and anarchy seemed to rule our streets when black lives matter members could go about burning and tearing down businesses with impunity. when ordinary tax paying americans saw racists destroy our communities we lost hope. our anxiety was fueled by the mainstream media intent object lying about the facts. and a prosecutor whose case was contradicted by its own star witness. the question was whether mob justice could be followed by real justice. the question was whether 12 jurors in a country so divided could return a unanimous verdict on all counts. >> the first counts of the information, we the jury fired the defendant kyle rittenhouse not guilty. as to the second counts of the information, we the jury finds the defendant kyle rittenhouse not guilty. as to the third count of the information, unknown male, we the jury find the defendant kyle rittenhouse not guilty. as to the fourth count of the information we the jury finds the defendant kyle rittenhouse not guilty. as to the fifth count of the information we the jury find the defendant kyle rittenhouse not guilty. >> kyle rittenhouse's not guilty verdict changed all that. in the end america watched the criminal justice system and 12 brave jurors who recognized their responsibility and the oath they took. they based their verdict on the law and the facts. america breathed a sigh of relief because lady justice was blind. thank god the jurors had the courage, strength and integrity to return a verdict consistent with the truth. and thank god they reinforced our funding amountal faith in the american criminal justice system. that's my open. let me know what you think on facebook and twitter shash tag judge jeanine. mark geragos has been at the center of some of america's most sensational cases. he joins me along with criminal defense attorney brian claypool who has been one of the leading legal voices analyzing this trial from day one. thanks to both of you have for being here tonight. i want you to leave your comfort zone. and i want you instead of you know being who you are, you are both defense attorneys, people know i'm a prosecutor. they know who we are and what our careers were. is there a point when you came out of your comfort zone. when you watched this trial and said whoa, this isn't what i thought and i'm not comfortable. i will go first. -- i'm a prosecutor. it didn't take long for me to realize this was not a case for prosecution. i was on the defense from the beginning. mark, i'll go next. >> i bought into early on the crossing state lines and gun charge that he was going to get convicted on that until i took a look at the statute and came to the same conclusion the judge did, that the rule meaning fit can go either way, the tie goes runner, in this case the accused. i saw some of the judge's ruling and some of the arguments by the defense. i realize i bought into it. so that's my mea culpa, if you will. judge jeanine: the gun was in wisconsin at his friend's house. brian what about you? >> the cross-examination of gaige grosskreutz what when he said he pointed his gun at rittenhouse before rittenhouse shot. when i heard that testimony. at that moment my brain i said this is a flat-out farce. a complete categorical abuse of the justice system. i knew at that moment this was just a stunt. a political play ground for these prosecutors to promote a radical social agenda. judge jeanine: let's talk about where we are now. people on the left are still criticizing. and they will continue to criticize. do we all agree the verdict was consistent with the facts and the law? >> if 2 watched any substantial amount of this case, you saw what was happening. you could see it in real-time. and you knew the best the prosecution could do was going to be a hung jury. i believed when necessity committed that griffin error, commenting on the right to remain silent, i thought the prosecutor was trying to go -- to goadthem into a mistrial. let's move on from there. let's talk about the fact that kyle rittenhouse was called a white supremacist by the president of the united states. should he bring a lawsuit, mark, against the president? is there a case to be made, a cause of action? >> for the same reasons that president trump had the just its department step in on statements he made as president, i don't think this would get very far. the doj has stepped in in the obama case, they stepped in with trump. they would do the same thing here and it would end up getting dismissed. judge jeanine: it would be a civil case, brian, that would be brought against the president. what do you think? i think kyle has a great case for defamation. >> given the political climate and this hollywood script that president biden and all these media outlets and crazy left radicals tried to propagate. this wasn't a script. this was a real human being who took the stand and was vindicated. he may have a case for defamation. biden called him a white you recommend sift. it needs to be published. the whole world saw it. he's president of the united states. and it has to be untrue. that was just proven in a court of law. here is the key element, that it was done with malice wowls .president biden is a public figure. rittenhouse has a shot at that because there is no reasonable basis for biden to make that complernt. he had no information, no reason to make that statement. judge jeanine: they had his cell phone and information as to whether he was on the internet trying to join the militias. and there was nothing. he was a good kid who was a police explorer, a fire cadet, a lifeguard and someone who was a medic. but maker wanted to go back to you. jerome nadler is saying we want to bring a charge. we want the department of justice to investigate kyle. we didn't tight state. let's go after him. what do you think of that? >> the department of justice guidelines are pretty clear. this is not a case you would take federally after a state court loss. it's invoked very rarely. you remember the rodney king case and the lapd officers. that's the kinds of instance where they do it where there is some kinds of color of law in the 1983 action. this is not the case under longstanding policy. it seems like a stunt to me. judge jeanine: brian, malicious prosecution. i didn't like that prosecutor. he would never work for me. he's pointing a gun in the court room his finger in the trigger well. is there a case for malicious possible zmiewtion. >> there could be. i did research on this because i was outraged by this circus. i think there might be a case for kyle rittenhouse to file a civil action. one is prosecutors. with respect to hire and grosskreutz, there should not have been charged based on the videotape. were these charges brought for purposes of another reason. that gets to the political aspect you have been talking about. these charges were brought for political reasons, not to pro note justice. .the leftest spreading racially charged lies in the wake of the kyle rittenhouse verdict. leo terrell is here to break it down. if you're on medicare, remember, the annual enrollment period is here. the time to choose your coverage... ends december 7th. so talk to unitedhealthcare and take advantage of a wide choice of plans... including an aarp medicare advantage plan from unitedhealthcare. it can combine your hospital and doctor coverage... with prescription drug coverage, and more, all for a low monthly premium or in some areas, no plan premium at all. take advantage of $0 copays on primary care doctor visits, virtual visits, and preventive dental care. plus $0 copays and deductibles on tier 1 and mail order tier 2 prescriptions. and a free gym membership with locations nationwide. so call unitedhealthcare about the variety of plans we offer, including ppo plans that let you see any doctor who accepts medicare, without a referral. enrollment ends december 7th. take advantage now. call or go online today. judge jeanine: take for example a tweet from cori bush. judge, the jury, the defendant. it's white supremacy in action. this system isn't built to hold white supremacists accountable. then there is famed nfl quarterback colin kaepernick who declared we just watched the system built on white supremacy. this only shows need to abolish our system. white supremacy cannot be reformed. many of them originate from media outlets all over the globe. >> the three biggest jeus news t newsout lets specifically stated that the people kyle rittenhouse shot were black. and they had to retract it. one of the leading dutch maybes did the same thing. they are watching the american media that cultivated this from the start so they assumed he went there and shot black people. judge jeanine: here with reaction to the lies, leo terrell. this young boy who was fighting for his life turned out to be a punching bag for everyone who had an agenda. whatever their agenda was. he was a punching bag for them. can you explain to me how an individual who is white, who its charged with shooting three people who were white. a judge who was white, all the lawyers are white. is a white supremacist. what am i missing? >> you are missing knowing. the left doesn't care about facts. for their agenda they need to play the race card. that was a color-blind verdict. there was nothing in that case about race from beginning to end. it doesn't make a difference to cnn. if you don't agree with them, you are a racist. if you support kyle rittenhouse you are a white supremacist. i'm a lawyer, i supported the verdict. so what? we have people of all colors representing the justice system. but it doesn't make a difference to them. judge jeanine: they have such little information. leo, when i was trying cases as a prosecutor, you had people of all colors on the bench trying cases. nobody cares. the truth is in real america this doesn't matter. but they are so fraudulent in their efforts that they have the media in brazil as we just heard from glenn greenwald saying the victims were black. how can americans trust the media? we can't. >> we cannot. this is frightening. america is watching your show. you cannot trust the media except for maybe fox. but the left does not care about the truth. they don't care if they hurt you. they were trying to destroy that young man. they were trying to destroy him. they were trying to take away his freedom and liberty because they want a racial divided country. this country is smart enough, wise enough to know this country is the freest country on the planet. as an america i'm proud to be in this country. as a lawyer, that verdict was just. >> even though's been acquitted by a jury of his peers. 12 of them agreeing beyond a reasonable doubt that he's not guilty. he will be seen by low information individuals as a white supremacist. do you think he should sue joe biden. >> yes. absolutely. joe biden made those statements when he was a candidate. kyle rittenhouse is a private citizen. so he injected himself stone it arena. joe biden and the democrats used kyle rittenhouse. that prosecutor tried that case as a political trial. he ignored justice. that prosecutor was only interested in winning, not justice. you know what? kyle rittenhouse proved that the system is stronger than a political agenda. judge jeanine: thank you, leo terrell. i couldn't agree with you more. what is stumbling joe saying now? we have his latest reaction. 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[ kimberly ] i feel so much better. i feel energized to go outside and play with my daughter. i can ate anything. like, i don't have to worry. clearchoice changed my life. ashley: welcome to fox news live. i'm ashley strohmier. president biden is spending his 79th birthday in wilmington, delaware. his approval rating continues to slide. the latest fox news poll shows only 42% of americans approve of his job performance. two months ago his approval rate was 49%. scoops up cash fell from an armored truck on a freeway in carlsbad, california. many people returned the money immediately, but some hit the road with the stolen cash. judge jeanine: remember last september when biden knowing none of the facts of the case suggested rittenhouse was a white supremacist. senator tom cotton and others demanded he offer a public apology for his rush to judgment. >> stand by your past comments relating to white supremacy? >> i stand by what the jury concluded. the jury system works and we have to abide by it. judge jeanine: later in the day he issued this statement adding the jury's findings left him feeling angry and concerned. elected leaders are supposed to lower the temperature when lives are at stake. and our great uniter president couldn't even do that. ohio congressman jim jordan. good evening, congressman. to answer the question, joe biden based on no facts, no evidence, and clearly contrary to all the evidence, was willing to divide the country, says he's going to unite the country, we must end this uncivil war that pits red against blue. how can these people be leading the country? >> if you look at the big picture, i don't think anyone believes anything the biden administration says. 10 months ago he said there wouldn't be a vaccine mandate. and we have the attorney general telling us that they weren't treating parents as domestic terrorists when the day before he maid that statement the counter-terrorism division sent out an email treating parents as domestic terrorists. so nobody believes anything he says. we all saw the evidence in the kyle rittenhouse case. we saw kyle rittenhouse testify. we believed him because he said the truth. we believed this young man, what he said. we believed that. no one believes anything if joe biden says anymore. judge jeanine: i would like to you listen to there is sound from kamala harris. >> the verdict really speaks for itself. a i have spent a majority of my career working to make the criminal justice system more equitable, and clearly there is a lot more work to do. judge jeanine: a lot of people don't have respect for that woman. but when she talks about the criminal justice system you have to hope she tbheets she is talking about there. but even then she says there is a plot more work to do. do they explain what the problem is or are they just happy dividing us? >> they don't even want real debate. they just say if you don't agree with me, we'll call you racist, and we'll call you names. it's really sad where we are apartment no one could watch that -- if this wasn't self-defense, tell me what self-defense looks like. due process won, the second amendment won. those 12 jurors were willing to do that in the right way and follow the facts and the law it was a win for america and a win for our system. judge jeanine: it was a damn the torpedoes. nothing what the left said from crossing the state with a gun from chasing rosenbaum with a gun. none of that was true based on the evidence. let's talk about joe biden and the build back better now. and what's going on in congress. it will be going to the senate. what do you think is going to happen there? >> i hope senators sinema and manchin will do the right ching and vote no on this. first it was parents standing up and saying no. then it was those jurors in kenosha, wisconsin doing the right thing. i hope senators sinema and manchin do the right thing and stop this trillions of ridiculous spending that will exacerbate the regard-lie- -- te record-high inflation. judge jeanine: this administration has put so much negative energy out there in terms of the spry plain and gas prices. next we take you inside the minds of the rittenhouse jurors and the drama that unfold in that courtroom. >> we the jury fired the defendant kyle rittenhouse not guilty. judge jeanine: kyle rittenhouse acquitted after 26 hours of jury deliberation. my next guest played an intricate part in the rittenhouse trial. she helped choose the jury and consulting with the defense and giving feedback on the jurors. dr. demetrius joins us now. take us behind the scenes in the rittenhouse case. how was it decided who you would pick on the jury. and given the fact there were so many jurors initially. you never knew which of the ones would be taken out. >> the process began with the judge only not allowing us to use any sort of written juror questionnaire. the judge also limited us to an hour apiece for the voir dire. he didn't allow any questions about militia, blm, guns, and specifically gun ownership. he did allow us to ask questions about familiarity with guns. we were very, very restricted with the information we learned. what's unique about wisconsin is the jury commissioner in each court will provide a list of the jurors. all the information on there was simply the juror's name, age, general area of residence and occupation. that's all we knew in addition to clearly just the information we learned during that one hour which was really very minimal. you take all of that information and you put that into a one-day jury selection which as you know is very unusual on a hive -- onh profile case. we were trying to find out no matter what people had heard, read or scene, would they be able to keep an open blind. one of our 1ors made the most fascinating statement during the voir dire. i know at the ends of this case half the country will be happy and half will be unhappy. judge jeanine: they knew the weight, so much weight and burden was on them. this wasn't an ordinary case. i have to ask you, there was one point where you said we could ask them if they had familiarity with guns. that would give you an idea whether they were gun owners. >> that could be argued that way. some of them, there was evidence they were not gun owners. they had experience shooting maybe with friends and family members. but to your point a moment ago. we learned that once the jury, the 18 people were there. we heard about the msnbc situation where they were followed in their jury van. what the people don't know in this country is prior to that. a week before, we learned that joe citizen, whoever that may have been was at the location where these jurors met with the van and was taking video of these jurors. and as you can understand, judge schroeder was beyond -- absolutely. judge jeanine: i don't have a lot of time. but you sat with kyle's mother during the trial and you got to know kyle and his mother. tell us about that. >> i can tell you i did get to know both of them very well. certainly sitting next to his mother and his two sisters. the agony as a mother that i felt with her going through what kyle was going through, you could cut it with a knife. and clearly what kyle went through, we saw two situation whereas that came through. one was his testimony and yesterday with the announcement of the verdict in the final fifth charge. judge jeanine: can you tell me what were you look for in a juror? >> we were look for those individuals who hadn't preformed an opinion and were willing to listen to a self-defense case. that's the bottom line here. judge jeanine: a lot of women on that jury. >> there were. there were 7 women and five men. >> thank you so much for being with us tonight. the main real media is in panic mode over the acquittal of kyle rittenhouse. the best things america makes are the things america makes out here. the history she writes in her clear blue skies. the legends she births on hometown fields. and the future she promises. when we made grand wagoneer, proudly assembled in america, we knew no object would ever rank with the best things in this country. but we believed we could make something worthy of their spirit. judge jeanine: there has been a media meltdown in liberal newsrooms across america over the acquittal of kyle rittenhouse. as usual leading the charge over at msnbc and cnn. to take from this verdict what they want and use it as permission to attack black lives matter. it's not just black people. anybody who supports black lives matter should be very afraid. >> the judge in many ways had their hands tied behind their backs. >> the understanding we get from these zimmerman-style verdicts is twofold. it's the current and future rittenhouse's in the world that they can engage in vigilantism. >> it's akin to saying if you go into a bank and rob it and home are trying to apprehend you. you can shoot your way out and claim self-defense. judge jeanine: joining me, tomly laren and -- and raymond arroyo. >> they say he attacked blm. no web attacked people who attacked him. huber had domestic violence charges. and this protest was an opportunity for some nut jobs to go out there and exercise their frustrations for they don't know what. it just gives them a chance to be violent. >> the media in conjunction with democrats have been breeding false lies since the inauguration. the birth of the blm movement was based on a lie, hands up, don't shoot, lie. kyle rittenhouse is a white supremacist who traveled to kenosha to kill. lie. this case had nothing to do with race. since it's oh abundantly obvious kyle was innocent, the left has to play only card they have and they don't care. they get to stoke more racial division and hatred. at the end of the day the media is guilty, not kyle rittenhouse. >> the media malfeasance was in place at the beginning of this. jacob blake is shot by police after slashing at them. with a knife. the police were cleared. not only by the department obvious is. but also by local authorities. didn't matter. the media went out and echoed this story that it was an inappropriate and criminal shooting of an unarmed blackman. that's what drew people from across state lines to riot, burn and loot the city of kenosha. the whole situation might never have happened if the media hadn't amplified what was a terrible story but the fact pattern is all over the place. jacob blake still lives which is missing from the reporting. people were vehemently against mass incarceration of juveniles until they heard about kyle rittenhouse. now they want him locked up. judge jeanine: gang members, their brains aren't fully formed. but kyle rittenhouse, give him the death penalty. joy read is one of my favorites. >> it's the kyle rittenhouse trial, it reminded a lot of people of something. the brett kavanaugh hearings. brett kavanaugh cried his way through the hearings. in america there is a thing about white vine land iism and white tears, particularly male white tears. >> of course. if you watch the actual trial you probably think he was guilty. but they have to talk about the only thing they have. they have to talk about race and white privilege and all these things that have nothing to do with the case. but it gives joy read. i don't think she is disturbed about it verdict. i think she just wants attention. judge jeanine: with the oj case, a lot of people didn't think that was legitimate. but you didn't see them protesting. >> all the commentators i heard today said this will only inspire vigilantism. what i have seen is riotism. last flight in portland they destroyed buildings and breaking glabs and they tried to burn down a jail. so the vigilantism hasn't quite panned out. but the racial division of america and repeating it and echoing it. we as americans have to come together. i'm from a place in norms where black, white, brown, yellow. we are close together. we meet over a coffee cup, not a gun barrel. we have to figure this out or we are going to tear this country apart. shame on the media for slandering this kid and continuing this narrative that racial division and conflict is present wherever they look. he's none of those things except white. but he's not a white supremacist. >> the amazing thing about all of this. they loot neiman marcus and the stores in chicago. the truth is just as you said, raymond. people in america get along. i don't nope who they are or what they are talking about. but we all get along. >> shame on the media, shame on our president for undermining the things they climb protect, our valued institutions by trashing this jury they are undermining the criminal justice systems. judge jeanine: i was thrilled to present an award at the pay the the yot awards this week. like pulsing, electric shocks, sharp, stabbing pains, or an intense burning sensation. what is this nightmare? it's how some people describe... shingles. a painful, blistering rash that could interrupt your life for weeks. forget social events and weekend getaways. if you've had chickenpox, the virus that causes shingles is already inside of you. if you're 50 years or older ask your doctor or pharmacist about shingles. judge jeanine: finally tonight this week i join patriot award at hard wok leave in florida and award show like no other we celebrated american patriotism by honoring everyday heros across this country this year i have honor to announce courage award. take a look. this year, markings 20 years since the september 11 terror attacks. a day that none of us will ever forget. but from the devastation amazing stories of courage have emerged among those with passengers of flight 93. here to accept the courage award on behalf his parents david and peggy beamer. ♪ ♪ ♪ ♪ >> you raised a fabulous son god bless you and heros who have shown dedication to our nation and values we hold dear. if you missed the catch highlights from fox nation patriot awards tomorrow at 10 p.m. right here on fox news channel you can watch the full two hour show, right now on fox nation.com, don't forget to set your dvr so you never miss a show and catch more of mes at cameo.com/judge jeanine thanks for watching i'm jen for truth, justice and america. see you next saturday. ♪ ♪ nch i'm lisa in for dan bongino tonight cities across country bracing for another night of protest after rittenhouse acquitted tensions into streets big cities across america. dan bongino did a take about the trial and where do we go from here? plus is democrat advances and guess what, we know that biden lied not once but twice, brian kilmeade joins dan to make sense of

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