and you'll see the lines in several states already where authorities are moving forward on their own, urging everyone to get the booster. the house republican censured today, the first time this has happened in a decade, after he posted a violent video depicting him killing a fellow member of congress and attacking the president. the so-called qanon shaman sentenced to more than three years in prison today for his role in the capitol riot. what he's now saying. the temperature whiplash set to hit the country, then what could be a significant storm across several major travel hubs thanksgiving week. from minneapolis to chicago, new york to boston and ginger zee is here with an early look. 55 years later, two of the men convicted in the assassination of malcolm x are now set to be cleared. the breaking headline today. this comes after the netflix docuseries, a lengthy investigation and now major questions for the fbi and the nypd. linsey davis is here. the deepening mystery. the tennis star who hasn't been seen since accusing a former top chinese official of sexual assault. and tonight here, the alarming new twist. president biden, meanwhile, burning rubber today in detroit, taking an electric hummer for a test drive, as he and the vice president now sell the historic bipartisan infrastructure law. and tonight, we'll hear from them both. and made in america is back tonight and it's all about the thanksgiving pies. buy a pie, help create a job. good evening and it's great to have you with us here on a very busy wednesday night. and we begin tonight with major developments coming from two courtrooms in america. today, the kyle rittenhouse trial, the defense calling for a mistrial. the jury asking to see video again. but first here, the unexpected turn in the trial of three men in the death of ahmaud arbery. the defense calling one of those men charged as their first witness. travis mcmichael accused of those deadly shots, taking the stand, describing what he says was a lawful attempt to stop burglaries in the area, saying his father greg mcmichael, a co-defendant, came to him, quote, frantic, after he saw a man outside an unfinished house. the two of them got into their truck, chased down arbery, travis saying he fired his shotgun because he feared for his life, saying, "this was a life or death situation." arbery was unarmed. prosecutors late today beginning their cross examination and abc's steve osunsami leading us off. >> whole truth and nothing but the truth? >> yes, sir. >> reporter: he's one of three white men in south georgia accused in a killing that some are calling a modern day lynching. >> i want to give my side of the story. >> reporter: and tonight, 35-year-old travis mcmichael is surprising jurors by taking the witness stand, telling them that he's not guilty of racism or murder. >> i'm trying to de-escalate. i know that this can be, you know, this can go any way, but i'm trying to find out what's going on. >> reporter: travis mcmichael is seen here in disturbing cell phone video that's been shared around the world shooting and killing 25-year-old ahmaud arbery after what mcmichael, his father and a neighbor claim was a citizen's arrest under then georgia law. all three are fighting murder and other charges and have pleaded not guilty. >> we've got suspicion in the neighborhood. >> reporter: this sunny day in february of last year turned violent after ahmad arbery was seen here, walking a home construction site, where he's seen more than once, and where police say that despite suspicions of the three white men, he is never seen taking anything. >> did you want to stop him and hold him so the police could come and arrest him? >> that was my plan. but i notice that he looks very angry, he's -- >> describe that. what do you mean? >> mad. it was -- it wasn't what i expected for just coming up and talking to him. it was clenched teeth. >> reporter: mcmichael kept using the word angry to describe this unarmed black man who he's accused of confronting with a shotgun and ordering to stop. and he tells jurors that he had to shoot, because he worried that arbery was going to overpower him and take his gun. >> and what did you do? >> i shot. >> why? >> he had my gun. he struck me. >> it's a life or death situation. >> reporter: prosecutors say he should have known and done better, with all the law enforcement training that he says he went through when he was in the coast guard. >> you were taught that deadly force is only to be used as a last resort, correct? >> that's correct. >> reporter: and it was the prosecutor who pointed out that mcmichael didn't chase any white people seen at the same construction site. the prosecutors aren't done with travis mcmichael yet. they continue their cross examination in the morning. tomorrow we'll also get an important ruling from the judge. he'll decide whether jurors are allowed to hear that travis mcmichael is accused of using a racial slur to refer to the black victim dead in the street on the day of the killing. david? >> steve osunsami leading us off tonight. steve, thank you. and in the trial of kyle rittenhouse in kenosha, wisconsin, defense attorneys tonight calling for a mistrial over that drone video. tonight here, their issue explained. and all of this playing out as the jury, now deliberating, asked to see that video again. they were brought into the courtroom, no cameras, and terry moran from kenosha again tonight. >> reporter: for a second long day, kyle rittenhouse waited while jurors in his trial deliberated his fate. and it's clear those jurors -- seven women, five men, including one person of color -- are sifting the evidence, especially those videos taken of the shootings. the jurors requesting more than ten video exhibits to watch for themselves in their deliberations. one of those videos sparking a dramatic moment in court, outside the presence of the jury. the defense demanding a mistrial. >> i'm going to be asking the court for a mistrial. we have to ask for this and i'm asking for it. >> reporter: the issue -- defense lawyers are accusing prosecutors of providing them with a blurry, lower quality copy of a critical piece of video, the drone video discovered only after the trial began. prosecutors saying it was an innocent mistake. >> somehow in this detective howard transmitting it to everyone, if it was emailed, it was compressed. >> reporter: while the judge weighs that motion, he cleared the courtroom, allowing the jurors to watch the video again in court as part of their deliberations. >> well, i persistently warned the state that, you know, there's a day of reckoning with respect to these things. drone video shows that s say th- rittenhouse dropped a fire extinguisher he'd been carrying and raised his ar-15 rifle during those violent protests last year. and so he became a threat to others on the street. if the jury agrees, it could unravel his claim that he acted in self-defense. as for that motion for mistrial, it could be significant. defense lawyers claim they could have made a different case, maybe a better case if they'd had access to the clearer version of that video. and prosecutors have a legal obligation to turn over all evidence that could help the defendant. so, david, this could be a very serious issue going forward. >> all right, thank you, terry, we'll see you tomorrow night. and now to the pandemic. the fda could as soon as tomorrow authorize booster shots for all adults 18 years and older in this country, but tonight, about a dozen states moving ahead already, given the growing number of cases, the colder weather and thanksgiving almost here, urging people to get the booster, with so many now preparing to gather. here's whit johnson. >> reporter: with the fda likely to authorize vaccine boosters for all adults as early as tomorrow, people in several states are lining up at vaccination sites. >> i've been waiting for a long time to get a booster. i wanted to do it before i was traveling and i can't get an appointment until december. >> reporter: but at least 12 states now are already offering booster shots to everyone 18 and up, moving ahead of the cdc. some are calling for the return of those mass vaccination sites for the booster. >> i hope that the state actually opens up some of the large centers. i got my original two at the city college, which was wonderful and very easy. >> reporter: and for the unvaccinated, time running out to be fully protected by christmas. and that includes kids 5 to 11 years old, who have until saturday to get the first of two doses. the white house announcing today that 2.6 million, almost 10% of eligible kids, have gotten a shot. >> the fact that he gets to get his first vaccine today is important. >> reporter: with cases creeping up, dr. anthony fauci warning the country will need to ramp up first doses and booster shots to combat a winter surge. >> when you have a virus as transmissible as delta, in the context of waning immunity, that dynamic is going to negatively impact even the vaccinated people. so it's a double whammy. >> reporter: and david, health experts point out that 4 out of 5 americans who are eligible for booster shots right now still haven't gotten one, but demand is expected to grow once the fda makes a decision for all adults. today, moderna joined pfizer in officially asking for its booster to be authorized for everyone 18 and older. david? >> all right, we await this big news tonight. whit, thank you. next tonight, to capitol hill, where the house took the very rare step to censure one of their own. arizona congressman paul gosar. this hasn't happened in a decade. it comes after gosar tweeted a violent cartoon animation, showing him killing a member of congress, representative alexandria ocasio-cortez, and attacking president biden. here's rachel scott. >> reporter: tonight, for the first time in a decade, the house voting to censure one of its own -- representative paul gosar -- after the arizona republican tweeted out a violent cartoon showing him killing representative alexandria ocasio-cortez and attacking president biden. >> the house has resolved that representative paul gosar of arizona be censured. >> reporter: speaker pelosi declaring gosar's actions particularly egregious in the wake of the capitol riot. >> when a member uses his or her national platform to encourage violence, tragically, people listen to those words and they may act upon them. >> and for anyone who threatens to apply the same standard to democrats in the future, i'm with you. >> reporter: representative ocasio-cortez calling on republicans to simply acknowledge that what gosar did is wrong. >> does anyone in this chamber find this behavior acceptable? will you allow depictions of violence against women, against colleagues? would you allow that in your home? >> reporter: for his part, gosar defiant. >> i do not espouse violence towards anyone. i voluntarily took the cartoon down, not because it was itself a threat, but because some thought it was. out of compassion for those who generally felt offense, i self-censored. >> reporter: the house republican leader didn't defend gosar, but refused to condemn him, either. >> for democrats, this vote isn't about a video, it's about control. that's the one and only thing democrats are interested in. >> reporter: david, tonight, capitol police tell me they have seen an increase in the amount of threats against members of congress. democrats say that's why they needed to take a stand. and as for congressman gosar, well, just minutes ago, he reshared that violent video on social media once again. david? >> rachel scott tonight. rachel, thanks. and tonight, the sentencing of the so-called qanon shaman. more than three years in prison for his part in the january 6th riot. jacob chansley, the body paint, leaving vice president pence a note that day that read, "it's only a matter of time. justice is coming." well, what he says now. and here's martha raddatz. >> reporter: in his horned helmet, fur pelts and face paint, jacob chansley became known as the qanon shaman. but prosecutors called him "the most prominent symbol of a violent insurrection that attempted to overthrow the united states government." one of the first rioters to storm into the senate chamber, chansley, sitting in then vice president mike pence's seat, leaving a menacing handwritten note on his desk, reading, "it's only a matter of time. justice is coming." a federal judge today sentencing the 34-year-old chansley to 41 months, nearly 3 1/2 years, in prison. chansley, who had pleaded guilty to one felony count, expressing remorse, telling the court, "i may be guilty of this crime, absolutely," he said. "but i am in no way, shape or form a dangerous criminal. i'm not a domestic terrorist. i'm not an insurrectionist. i'm a good man who broke the law. in retrospect," he said, "i'd do everything differently on january 6th. i would try with all my heart and soul to stop people." chansley has already spent ten months in prison, so, david, he has just 2 1/2 years to go. >> martha raddatz. thank you, martha. we have learned tonight that two men convicted in the assassination of malcolm x in 1965, those two men are set to be exonerated now. this all comes after a netflix docuseries and a lengthy investigation and of course, now, major new questions. here's linsey davis. >> reporter: tonight, nearly 57 years after the assassination of malcolm x, in a case that has long been shrouded in controversy, two of the men convicted in his murder are now expected to be exonerated. muhammad aziz and khalil islam were sentenced to life in prison in 1966, even though fellow nation of islam member and confessed killer mujahid abdul halim, previously known as thomas hagan, denied their involvement for decades. nearly 57 years to get to this point. what took so long? >> there's no doubt at all that this was the right decision for the d.a. to make at this point in time. but it's just as clear that this should have happened a long time ago. it never should have happened in the first place. >> reporter: malcolm x, an icon and one of the most influential leaders in the nation of islam and african-american community, was fatally shot on february 21st, 1965, at new york city's audubon ballroom. last year, district attorney cyrus vance reopened the investigation at the insistence of the innocence project and others after the release of netflix's "who killed malcolm x?" >> asking who's guilty is a dangerous question to ask. >> reporter: the docuseries raised renewed questions about key information the fbi and nypd withheld in the case. both men always maintained their innocence. aziz spent 20 years in prison before being paroled in 1985. tonight, the 83-year-old saying in a statement, "the events that led to my conviction and wrongful imprisonment should never have happened. those events were the result of a process that was corrupt to its core. one that is all too familiar even in 2021." islam was granted parole two years later but died in 2009. >> linsey davis with us now. this is just an extraordinary development. 55 years after these convictions and now major questions for the fbi and the nypd. >> reporter: you know, aziz was skeptical that this day would ever come. and while his lawyers are thrilled to see his name cleared, as well as islam's they now would like to see an investigation reopened into who knew what and when, from the fbi as well as the nypd, but of course, so much time has passed, many of the people involved have now passed away, david. >> yes, and much more on this tomorrow. linsey, thank you. and we turn now to the historic bipartisan infrastructure plan, now of course law. and today, president biden in detroit, taking an electric hummer for a test drive. while touring a gmc plant today promoting the sweeping infrastructure plan that will create jobs in all 50 states. behind the wheel there. he couldn't resist, he said, flooring it three times. >> anybody want to jump in the back? on the roof? >> yeah, we'll take a ride maybe next time. the president promising his $1 trillion plan along with the build back better bill won't increase inflation, he said, but that it will add jobs. >> policies i proposed, quote, help lift long-term economic growth via stronger productivity, labor force growth, as well as taking the edge off inflation. >> president biden and the vice president kamala harris traveling the country. harris will head to ohio on friday, which will receive billions for highway and bridge repairs and broadband. the vice president telling george stephanopoulos and "gma" late today, bringing internet to all corners of rural america will help countless families. >> it's historic in nature. at least the biggest investment in infrastructure in a generation in america. when we're looking at an issue like internet and access and affordability to high speed internet, well, ask any parent who lives in rural america or lives in an area where either internet is not accessible or it's not affordable. what we are doing is bringing internet to families, understanding this is about their children's education, it's about the ability to run a small business. >> and we'll have much more of george's interview with the vice president tomorrow morning on "gma." when we come back here tonight, what could be a significant storm across several major travel hubs for thanksgiving week, from minneapolis to chicago, new york to boston. ginger's going to take an early look for us. and later tonight, thanksgiving pies made in america, creating jobs. th less ? 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ask your health care provider today about once-weekly ozempic®. oh, oh, oh, ozempic®! you may pay as little as $25 for a 3-month prescription. finally tonight here, made in america. the thanksgiving pies, even sweeter when they create jobs. tonight, made in america is back, thanksgiving just eight days away and all across the country, bakeries getting ready, too. to get your family their thanksgiving pies in time. in new york city, the little pie company, since 1985, they're lining up. the pies on display. you see them stacked up, the signature sour cream apple walnut pie. it was grandma's recipe. >> hi, david. >> founded by arnold wilkerson, a former broadway actor. >> lots of people seem to be ordering pies for thanksgiving and we're happy to be here to serve them. >> made in america! >> in san jose, california, the giving pies. >> i have a lemon, a cherry, a blueberry. >> five workers. >> hey, david! >> opening during the pandemic. grateful to the community. hoping to hire special needs employees in this new year. >> we are hoping to see you soon! yeah, maybe! >> in magnolia, texas, victory pie company. the blackberry cobbler, the pecan pie, chocolate cream pie. giving a portion of every sale to veterans and their families. >> we haven't even just survived. we have thrived because of this community and the way that they give back and the way they support our business and our mission. >> and in worcester, massachusetts, fresh pies coming out of the oven at table talk pies, family owned three generations. 50 new hires since we first introduced you to them four years ago. and right here tonight -- >> hi, david! >> they're back. >> this is such a busy time for us, trying to help people get their thanksgiving pies. >> 150 seasonal workers. more than 350 workers in all. >> made in america! >> we love made in america. let's place our orders, keep them working. good night >> this is the epicenter of an earthquake that was felt by thousands throughout the bay area today. and that was not the only shaking you might have felt. >> the most surprising part is the amount of companies that are still undecided with what they choose to do. >> new at 6:00, we continue our series of the workplace survey. how many local companies are requiring workers to get vaccinated, and what happens to those who won't. >> tonight, all eyes are on the hayward unified school district as they vote on whether or not to close a number of their schools. abc7 news starts right now. >> building a better bay area. moving forward. finding solutions. this is abc7 news. [cars honking] [chanting] >> their message is clear, but their chants of success was straightforward. thanks for joining us. >> you are watching abc7 news at 6:00 live on abc7, hulu live, and wherever you stream. dozens are rallying in hopes of convincing the hayward unified school district to change its plan to school -- to close schools. abc7 news reporter j.r. stone is live from tonight's protest. the plan does not seem to have met their hopes. j.r.: it does not. they talked about that over the last couple hours. they narrowed that list down to four schools and eight campuses. those who marched up to the superintendent's office here, they want those schools open. >> save our schools! j.r.: a very solid turnout of parents, employees, and students this evening. the school district says they have a major funding

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