considering his newest request to keep runs of his secret white house papers just that. secret. but he's running out of options and out of time. the january 6th committee set to get their hands on that documents in just about 24 hours from now. plus which former white house aide will not cooperate with the represent of the committee. spoiler, this guy. mark meadows. what has to happen for him to talk. i'm hallie jackson in washington here to start us off, meagan fitzgerald out the courthouse in kenosha along with paul butler and glen kerchner. both msnbc legal analysts. the defense calling its last witness today. walk us through what they're trying to nail home with the last folks they're calling to the stand? >> reporter: well, hallie, you know, all throughout the day we have heard from witnesses called by the defense that really helped to bolster their case here. for example, just before they broke for the lunch recess, jurors heard from drew fernandez. a man who took video that night posting it to social media and testified before the jury that rittenhouse was there to surrender aid to people. even saying he witnessed him de-escalating a situation. then the morning kicking off with dr. black. a self-defense expert. this was also a video specialist who went frame by frame of that video the jurors have been seeing the last several days now and honing in on that split-second decision of when kyle rittenhouse pulled the trigger several times. so just within the last couple minutes here we heard from the defense that they are getting closer to being done, which is why we suspect they could wrap their case today. hallie? >> thank you. paul, go to you, because the judge is still considering that motion for a mistrial. right? what does it say to you the judge still hasn't actually ruled on that? >> signals he's probably not going to in-state that, maybe because the defense isn't sure they really want it. if the judge were to grant a mistrial and dismiss the case with prejudice, that would be great for the defense, because that means mr. rittenhouse could not be prosecuted again. if the judge declares a mistrial but not with prejudice, the prosecutors could bring the case again. the calculus of the defense attorneys, hallie, may be that they're doing really well now, that mr. rittenhouse may be on his way to a "not guilty" verdict. they may not end up requesting formally a mistrial. >> glen, what's your argument. make the best arguments i can marshal based on the arguments. hasn't gone particularly well for the prosecution. boils down to two things. self-defense and burden of proof beyond a reasonable doubt because law in wisconsin like the law in d.c. is, once there is some evidence of self-defense introduced at trial, then the prosecution has the burden of disproving self-defense beyond a reasonable doubt. kyle rittenhouse testified, many of us watched it, and we saw him explain why he discharged his weapon on all three occasions. with respect to the two individuals he killed and the one wounded. when the jury goes back to the deliberation room and they say to themselves, you know what? i don't think he has a self-defense claim. so i think he is probably guilty. you know what? that doesn't satisfy the burden of guilt beyond a reasonable doubt. same is true if they think he likely didn't have a good self-defense claim, or he very likely didn't have it. jurors have to have a firm and abidesing belief in a defendant's guilt and the prosecution must disprove self-defense beyond a easy radioenable doubt. those things are very high bars to clear. so i am not expecting this will result of in a conviction, based on what i've seen. >> paul, i wonder, when you look at the charges against rittenhouse. we actually can look at the charges. from what we've seen so far in the trial, what do you think as we look at this here? what do you think the most likely yowl come? more sig captain homicide charges in lesser weapons charges could be. glen laid out the idea guilt beyond a reasonable doubt, burden of proof's guilt here. what's your sense? >> so yesterday prosecutors got rittenhouse to admit none of the three people he wounded actually fired a gun at him. they showed the jury video of rittenhouse lying about that, claiming that his first victim was armed, which was not true. the third victim also had a gun, but rittenhouse admitted he aimed his gun first, but, hallie, all of that is tangential of the central issue that glen identified. was it reasonable for rittenhouse to use deadly force? again, he testified effectively, i thought, that he faced a deadly threat from each of the three men he shot. if the jury believes him, they could find him not guilty. >> we want to let folks know here dr. john black is back on the stand. the defense witness. looking at the picture live out of the courtroom. as final witness for the defense wraps up. these moments before the judge and prosecutor, sort of constant scolding, seems, from the judge tos prosecution, and i wonder, glen, if you can play a little bit of that here and speak to that on the other side. right? what that means in the courtroom to perform. here that is. >> is there something i'm saying that draws the face that you're making? go ahead, say what you have to say. >> i have to say, your honor, yesterday i was -- the target of your ire, for disregarding your orders. today the defense is disregarding your order. >> i was talking yesterday ak the constitution of the united states. that's not what we're talking about here today. >> glen? >> no prosecutor liked to be criticized by the judge but i've had it happen. sure all have had it happen probably less than i've had it happen. here's the thing. we are able to take those attacks outside the presence of the jury, but if the jury's in the courtroom in the box, and the jury sees a judge criticizing the way a prosecutor is behaving, the tactical choices he or she is making, you know what that does? it tends to damage the credibility of the prosecutor in the eyes of the jury. this judge seems pretty ill-tempered at times, but i also have to agree with some of the criticism he's leveled against the prosecutor. anytime you get criticized it's in court it's unpleasant and could damage your credibility in the eyes of the jury. >> can you tack a little more, paul, about this judge? he's emerged as i think, more so perhaps than in other cases we've covered, as a character in this, if you will. today's veterans day. he leaded courtroom in a round of applause for veterans. i think for the gentleman on the stand is a veteran. the only veteran in the room. the defense witness. speculation about his interaction with the prosecution, et cetera. if the jury returns, let's say, a not guilty verdict, do you think the role of the judge could come back for the prosecution if the jury were to return a not guilty verdict? >> it could, hallie. most of the judge's rulings favored the defense. he had evidence on a previous occasion rittenhouse beat up a teachage girl. the jury won't know about that. also the statement he wished he could shoot people at the cvs. the fact is, donated $2 million to rittenhouse's defense fund and they describe him as a martyr. when the judge consistently rules in favor of rittenhouse people questioned whether he's sympathetic to that point of view. >> paul butler, thank you. glen kerchner, you as well. all of of you stay close as you can as we know the defense is close to resting its case. the other court ruling, very different one. former president trump, will he scramble to stop white house records released to january 6th investigators. democrats, getting ready to slap a censure on a republican congressman. what's the rest of the gop saying about the violent video he shared? and nbc's interview with the cdc director grilled by our tiniest freelance correspondents. lester holt explains here later in the show. ray loves vacations. but his diabetes never seemed to take one. everything felt like a 'no'. everything. but then ray went from no to know. with freestyle libre 2, now he knows his glucose levels when he needs to. and... when he wants to. so ray... can be ray. take the mystery out of your glucose levels, and lower your a1c. now you know. try it for free. visit freestylelibre.us want your clothes to smell freshly washed all day without heavy perfumes? 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>> right. saying under instructions from former president trump that his testimony and documents related to it are covered by executive privilege, this in response to a letter from the biden administration we decided this isn't govered by executive privilege and you should testify. now, you may ask, well, okay. what can congress do about it? what leverage do they have? hold mark meadows and other people, hold them in contempt. how do they enforce that? get the justice department to prosecute them and even if they do, can't force them to testify. they can send them to jail and inherent power the congress has, throw people in jail in the bows of the capitol. adam schiff talked about potentially fining witnesses who don't respond to subpoenas. see whether that goes anywhere. the problem is congress really doesn't have a great hand to enforce its will here, hallie. >> garret, go to you and the back and forth on this. these documents that congressional investigators want to see. based on the pattern and, listen, gut check me. i know you will, based on the patterns what we've seen so far in the judge ruling against team trump, unless something surprising happens kind of looks like right now we're on track for the documents to be reesed tomorrow evening. no? >> reporter: that may be the case. i'm not a lawyer but can read same as anybody else. original rulings favor of the committee. the former president lacks any authority to block release of documents. if the current president stands out of the way and says these are in the public interest. that's been the case here. if it were to be the case these documents were be transmitted to the committee by close of business tomorrow. barring some action from the appeals court. these are probably more important, i think you could argue to the committee, even than the testimony of some of these key players. remember, we've had a whole impeachment trial what happened january 6th and the missing piece, what was going on at the other end of pennsylvania avenue. schedules, documents, correspondence, visitor logs, can tell you quite a bit when witnesses aren't speaking and they're the kind of thing that can be pored over by staff, working through preparing for congress to come back into town next week. could be a pivotal moment if and when these documents are handed over. >> what's the actual process if in fact they are? how does that work. not like tomorrow night you and i will sift through hundreds of pages of documents? we don't get to do that. >> reporter: we don't. but this committee went dark quite a while after that first hearing held over the summer. what they were doing, staffing up. putting investigators in place. talk so much about the members. like everything else the real work is done by staff and professionals who can tull that timeline, putting people in places at the white house and putting together details of the picture what was going on on that day and the leadup, hard-working staff's job, whenever the documents arrive be they digital or paper copies. >> thank you to you both. the next 24 hours interesting for all of us. appreciate it. next up, laters what's going on in texas ahead of the next move in the fight over mask mandates there. where that battle goes now and what it means for similar fights around the country. ♪ ♪ there are beautiful ideas that remain in the dark. but with our new multi-cloud experience, you have the flexibility you need to unveil them to the world. ♪ some people have joint pain, plus have high blood pressure. they may not be able to take just anything for pain. that's why doctors recommend tylenol®. it won't raise blood pressure the way that advil® aleve® or motrin® sometimes can. for trusted relief, trust tylenol®. we're getting destroyed out there. that advil® aleve® or motrin® sometimes can. we need a plan! right now, at t-mobile, customers on magenta max can get the new iphone 13 pro... and t-mobile will pay for it! upgrade to the iphone 13 pro... on us. as someone who resembles someone else, i appreciate that liberty mutual knows everyone's unique. that's why they customize your car insurance, so you only pay for what you need. [ ferry horn honks ] i mean just cause you look like someone else doesn't mean you eat off the floor, [ chuckles ] or yell at the vacuum, or need flea medication. oh, yeah. that's the spot. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ tums vs. mozzarella stick when heartburn hits, fight back fast with tums chewy bites. fast heartburn relief in every bite. crunchy outside, chewy inside. ♪ tums, tums, tums, tums ♪ tums chewy bites so right now we are waiting on something that seems somewhat likely to happen. republican leaders in texas filing an appeal. maybe at some point soon. why? over that ruling overnight from a federal judge in a blocked governor greg abbott's executive mandate banning masks in the schools meaning schools can put the mask mandates back in place. the judge ordered did violates the americans with disabilities act. more likely to experience severe acute biological effects and require admission to the hospital and the hospital's icu. shaq brewster is in houston with more. >> reporter: hi there, hallie. yes, waiting for a potential appeal that may come from the texas attorney general, but if you look what the judge said in that ruling, it essentially said the mask restrictions or restrictions on mask mandates are not legal because they don't conform and don't allow the school districts to apply with the americans with disability act. we know how divisive masking has been across the country and that has extended to school districts around the country. look at this map here. you see about eight states around this country are banning any type of mask mandates. banning school districts from making a decision on whether or not students, teachers, visitors, are required to wearing a masks. you have about eight other states, mandating masks for students and teachers. and it's because of that expertsy saying this ruling says something different. putting other states banning the mask mandates at risk. look at the ruling. one thing we see, the cdc recommendations are cited there. cdc said they recommend that in schools in k-12, learning environments, that students should have those masks on regardless of vaccination status. so what happens in the immediate impact of this is not exactly clear, because, frankly, many cities and school districts here in texas have been ignoring the governor's executive order. that includes here in houston where i'm standing right now, where the school district has had that mask mandate in place, but what the judge ruling does, a warning shot for other states and it does give those districts that want to require masks, gives them flexibility to continue requiring masks looking at the surge of the virus happening in certain areas of this country. >> concerns from doctors maybe we might be in that winter surge already. shaq brewster, thank you. and if you have a kid or know a kid or if you have spent any time at all with a kid in the last year and a half you probably had to answer questions about the pandemic. now, "nbc nightly news" is cutting off the middle man, you and bringing kids right to the experts. in this case, cdc director dr. michelle walensky. the "kids edition" of nbc news. our junior panel, good ones? >> hallie, when you were a kid, i hated when grown-ups were talking around me about something that affected me. really one of the things that helped us launch "kids edition" of "nightly news" well over a year ago, beginning of the pandemic. kids often ask questions, often had dr. torres on but yesterday i got a chance to sit down with dr. walensky, head offed cdc. she answered questioned and then put kids' questions to her. good ones like this one. listen. >> hey, guys, it's rosy from california. i turn 12 in a couple of months. so should i get the kids vaccine now or get the adult vaccine when i'm 12? >> i like this question a lot, because the child size, pediatric size, less than what adults get. >> absolutely. that's a great question, rosy. getting it a lot. the answer, get your vaccine now because we want you protected until your 12th birthday. so get your vaccine now. get your second dose in three weeks after your first dose, because we want to make sure you're protected before you turn 12. >> that was dr. walensky answering one of the many questions we got from kids online. we continue to see kids very, very engaged in this whole topic. wanting to know how they catch it, how to prevent being infected from covid, and certainly in our latest edition of "kids edition" drilling down of this whole notion of kids and vaccines. >> anything, lester, related to this q&a? after dr. walensky, what an opportunity. a treat for us, shouldn't say is treat but notable when you or i get to talk to the head of the cdc. that's news. now these kids get that opportunity? >> it is. people like dr. walensky are excited when they get a chance. we've had dr. murphy on. had other celebrities on, but when they ask answer the kids' question, they come on, very engaged, want to answer the kids' questions. a lot of times kids are thinking of things we haven't and a lot basically, when can i play with my friends, and now got a better answer than we were able to give them before. >> a good point. lester, do you have you on live to talk about all of this. "nightly news" just ahead. and i know where to find you. lester holt, thank you. you'll see lester not just on "nightly" but special "kids edition" nbc news, more of that conversation with lester. many correspondents there and dr. rochelle walensky. next up, inflation, at a 30 years high. what it means for your wallet. heading live to a courthouse in georgia hearing from the owner of a construction site, the owner where ahmaud arbery was shot dead. next. i've lost count of how many asthma attacks i've had. but my nunormal with nucala? fewer asthma attacks. nucala is a once-monthly add-on injection for severe eosinophilic asthma. not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection-site reactions, back pain, and fatigue. ask your doctor about nucala. find your nunormal with nucala. this... is the planning effect. this is how it feels to have a dedicated fidelity advisor looking at your full financial picture. this is what it's like to have a comprehensive wealth plan with tax-smart investing strategies designed to help you keep more of what you earn. and set aside more for things like healthcare, or whatever comes down the road. this is "the planning effect" from fidelity. (swords clashing) -had enough? -no... arthritis. here. new aspercreme arthritis. full prescription-strength? reduces inflammation? thank the gods. don't thank them too soon. kick pain in the aspercreme. you may have noticed you're paying, seems, a little more nor gas, for groceries, a little more for new cars, appliances, all sorts of new things. listen to this. >> gas prices have gone bananas. >> i don't eat as much steak. >> everything. across the board. >> thinking about buying less trying to stretch it more. >> everything. going up. cheese, milk. hair color. flowers. bread, butter. potato. >> she said hair color. i feel that. you know? the grays don't cover themselves, folks. what's the reason for that? this is inflation. right? new reporting out that the consumer price index surpged by 6.2% most in 30 years touching most aspects of our daily lives. the labor department numbers show these figures, consumer price index, has risen by nearly 1 percent a month. used cars up 26% from a year ago. gas prices up 62%. meat, chicken, fish, eggs, stuff you're probably buying, people you know are buying up nearly 12% from last year. in baltimore yesterday president biden said getting inflation under control is a top priority. bring in stephanie ruhle who will join us in a moment. first, other news to get to. back to the economic story. also a political story happening on capitol hill. democrats in the house of representatives looking ahead to tomorrow with a motion to censure paul gosar less than a week tweeting out an anime video showing him gliding through the air and killingal alexandria ocasio saying depicts a battle between lawful and unlawful policies, adding the clip was not meant to be realistic, since the congressman "cannot fly." on wednesday, republican congressman fred upton release add voice mail his office received as we talk about political divisions and real-world violence making death threats over his "yes" vote on the infrastructure bill and others receiving similar threats. bring in our political editor along with jake shermen from punch bowl news. important to talk about here, because start with looking ahead to the censure vote tomorrow. at least a motion brought tomorrow. presumably not getting republican support or still an open question? >> hallie, we still have had radio silence from republicans on this. not only republican leadership but republican rank and file. and so the democrats of the ones decided to take action. similar to seeing the action against marjorie taylor greene at the very beginning of this year. hallie, it's worth noting it wasn't too long ago we actually saw republicans take action against their own. that was stephen cane, the controversial republican congressman from iowa, even in the trump era, behavior seen, statements or actions, beyond the pale and said we are going to strip you of your committee chairs, or your committee memberships and that actually led to steve kean actually losing his congressional seat. since then we've actually seen nothing coming from republicans on trying to police their own in a time we're just ten months removed from the violent attack on january 6th on the capitol, hallie. >> jake what are you hearing from folks on the hill about this? >> i think there will be republican support. i think almost undoubtedly. i mean, it -- hallie, it's like we're stepping back for a minute and thinking what we're talking about here. talking about a congressman, of course he can't fly. no one suggested he could fly. it's an idiotic response. you remember this, joe wilson accused barack obama of lying and it was a massive scandal. that's just how much of a departure from the decorum in the house of representative it's we've had in the last ten years. it's stunning, quite frankly. i imagine that, i would even go, go as far to say as it will go beyond typical republicans, i think. i don't have a great sense but think it will go beyond the, you know, the liz cheney's and the -- >> right. >> see people, this behavior is disgusting and we shouldn't stand for it. >> so there's a lot of attention, as mark points out, the house leader kevin mccarthy hasn't said anything related to gosar. interesting, at least as far as i know, and i do know, both of us all the time, nothing even towards congressman upton, member of his own party getting death threats on his bipartisan vote on the infrastructure bill. does that surprise you? >> surprises me awe the leadership team, scalise and others on television saying they cannot understand how any republican can vote for this, and he says nothing about marjorie taylor greene who went on to tweet out the phone numbers of 15 of these people. mccarthy to his credit, i don't know if it's his credits, said in the past republicans should not be targeting sitting members of congress and he won't stand for it. no one listened to him. i don't know if he deserves credit but no one listened to him about that and i imagine he'll get asked about that when gets back to d.c. next week and i imagine say violence isn't great and i don't know if he'll call out mtg, but what she did, i mean -- you have to imagine, just logical extension that it contributed to people being riled up about this vote. by the way, 19 votes in the senate for this bill. not a very controversial piece of legislation. this is, if you don't like big spending, don't like the bill, you're not voting -- it's not like a seismic change here. you could be for -- >> and be for the bill? >> right. without getting violent about it. you know? >> so then, like, kind of have to step back, as jake is sort of doing here and look at the bigger picture. talked about adam kinzinger. right? sometimes might feel to him a bit of a lonely voice talking about issues inside his own party. tuesday he tweeted criticism of mccarthy and far right members of the gop who have made what they calls insanity, made incendiary comments is not running for re-election. right? voices like his on the way out, what does that say to you about the gop overall and where it goes? >> hallie, every time someone doesn't speak out or silence seems to the preferred approach, because, hey, we want to focus on midterms and this would distract from it, only allows that kind of behavior to actually either increase or stay the same. again, i want to emphasize. we're just ten months from the january 6th attack on the capitol. >> right. >> we're a decade removed from gabrielle gifford got shot outside her own congressional district. we are just four, five years removed from steve scalise got shot as a baseball practice. so the violence and the threats of violence are very, a very real thingened it's up to democrats and republicans, in this case the republicans, to start policing their own, because you don't want to actually see things happen. a scary prospect. >> careful to corral republicans on this one. this is is what we are seeing in these recent incidents. quick, jake before i let you go. can i ask you, did you make anything of the fact congressman gosar not apologies, referred at least three times to congresswoman cortez? which is, you know, that is not her name. not her full name. did that stand out to you at all? >> it did. you know, it's tough to know sometimes whether, you know, some of these statements are so bizarre. it's tough to know whether that is a signal of some source. i don't know. it did come across as strange to me, because that's not the name she goes by and i think most people determine they could make up their own name, but it's tough to know with somebody like gosar what they're talking about some of the time. >> thanks sew you both. appreciate it. right now turning to other news happening. testimony continuing on in the murder trial for the men accused of murdering ahmaud arbery. today hearing from owner of the construction site arbery went into right before his death. questions larry english about a series of 911 calls reporting several trespassers on his property. one call he sees somebody he believes is on drugs and another piece of evidence. showing video of arbery at the site the day of his killing. joining us from brunswick, georgia, posted up covering this. i know the ins and outsal off of this. talk to us about the visible rakz from the jury so far. >> reporter: well, the jury was watching a deposition, and taking notes as always. nothing striking. show you here before we go inside the courtroom. outside the courtroom is small group of supporters of arbery's family gathering every day and coming together for speeches and remarks right now. several dozen people. in recent days getting a little bigger. i expect that's going to continue as we get closer to the end of the case in the coming weeks. there have been a couple of national rights leaders been here in recent days adding enthusiasm to the crowds gathering. inside the courtroom it's all about this property, home, in the neighborhood where arbery was shot and killed, owner named larry english. he testified about several incidents where his home security camera captured people on this property. what he said was somewhat inconclusive. the prosecution, the defense, i should say, is saying arbery is seen in that video on at least four different occasions. prosecution insists if it was him he didn't rob or steal anything. still no reason for the defendants to chase him down, hunt him down, using their words, and shoot and kill him allegedly. so that's what we've been listening to all day. we expect later we'll hear from more police officers, and what they have been doing mostly is asked to read from their interrogations. interviews with the defendants as the prosecutors are trying to use their own words against them to convict them. here gathering, sort of winding down. walking through the area here shouting "no justice, no peace." those kind of slogans we've heard before. this harkens back to two years ago, when the incident first happened. the question, we will see something like that in the daysened weeks ahead? perhaps. hallie? >> ron allen, brunswick, wisconsin. thank you. more on inflation numbers we told you about. consumer prices up more than 6% in the past year. as promised, our senior business correspondent stephanie ruhle is back with us. it steph, lay out the set up there on the deal as relates to inflation. 30 years, we talked absence we've seen anything like this. put this in context. right? there is nuance here that is sometimes missed. please, be our nuance queen. >> okay. the first time we've seen this in 30 years. the first time we've had a pandemic in our lifetime. this is not inflation in isolation. all of this is part of the pandemic that we're experiencing. hallie, remember, this time last year, no americans were vaccinated. now 200 million have been. this time last year, restaurants were shutting down and laying off workers, and now you cannot get a reservation, and they can't get enough employees to work the holiday parties we're all booking. we are in an economic recovery, but it is complicated. the government knew it was going to be complicated. that's why you saw such a robust american rescue plan. remember when people were complaining, we don't need a third stimulus check. why are we doing expanded unemployment for so long? because the government said this is going to be a rocky recovery. you've got families right now of 16 million children getting that expanded child tax credit. on average, $430 a month. worried about people who are on fixed incomes. of course we are. eggs, milk everything else costs more money. come january, the 2022 social security benefit is going to be increased for inflation 5.9%. no. none of these things make the scare inflationary environment go away but there are cushions in place, and we are much better off from where we were a year ago. got to put it in perspective. >> this is interesting. also the consumer confidence number. right? like the idea, and i know talked about this. the psychological impact that people may feel, because they hear about inflation. yes, things are more expensive, so they feel sometimes it's worse than it actually is. how does that play into this? >> holding your hands? is that good or bad. >> no, no. >> you bring up a good point. why it's so complicated for the biden administration. people have very short memories. right? look at inflation numbers. gosh, up 5.9% from a year ago and we're forgetting that's year we were shut down, weren't driving our cars anywhere. of course, prices would be up. when you think about shortages, of course shortages. hallie, look at your front door when you go home. a decent chance there's going to about cardboard box from walmart or amazon. two years ago e might not have done any ecommerce shortages. people care about how they feel, panicked, not good about prices. the secret'seven though we don't like spending more money, we're doing it. consumer confidence not great but consumer spending up, demand up. likely going to see record retail sales this holiday season. we've saved a lot of money over the last year. we're starting to spend it. >> stephanie ruhle, thanks for being on. appreciate you. >> you, too. >> next up, the national mall here in washington. memorializing soldiers who fought and died in korea, vietnam and the second world war. why not the war -- that's next. and significantly less itch. don't use if you're allergic to dupixent. serious allergic reactions can occur including anaphylaxis, which is severe. tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. if you take asthma medicines don't change or stop them without talking to your doctor. talk to your doctor about dupixent. no, he's not in his room. ♪♪ ♪♪ dad, why didn't you answer your phone? 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(all) to screening! more than 7,000 veterans have dyed in combat since 19 and their families want a memorial on the national mall to honor their service. there is catch a 2003 law that says no new memorials will be built this. now a political stalemate hinges on west virginia senator joe manchin, all of it brought into the stark relief after the withdrawal from afghanistan. leann caldwell joins us, what do the families want, what are the chances they will get it? >> the global war on terror is not over. the families who lost loved ones worry their sacrifice will be forgotten. [ no audio ] >> his smile was contagious. he would laugh at himself. >> shauna's husband, a sergeant first class, joined in military in 2001. eight months later, 9/11. >> united states of america will use all of our resources to conquer this enemy. >> reporter: the officer was deployed in iraq three times. on his fourth deployment he was killed, his son was just three. now he and his mother are working to make sure miss memory is never forgotten. what does it mean to you? >> i feel like more honor will be given because of how long it took, how much time was put into it, all the sacrifice. it was too important for swept off. >> reporter: more than 7,000 officers were killed in the war on terror and more than 50,000 wounded. gold star families are eyeing three sites on the mall. why here? >> it is the space that we've designated as a nation to honor the service and sacrifice past. >> reporter: congress must first approve the memorial and the effort is stalled. in 2003, congress passed a law that prohibited new monuments were being built. they want to preserve the open space. >> it should be on our national mall. >> reporter: republican senator joni ernst, also an iraq war veteran, and democratic senator maggie hassan are pushing congress to act. why is it so necessary? >> it is part of a healing process. and for many american families, they want to know that their loved one will not be forgot toen. >> for our veterans, especially of afghanistan, but for the entire war on terror, to know that their efforts were not in vain. >> reporter: the u.s. withdrawal from afghanistan in august was a reminder of the toll the war has taken. the families want to permanently want to honor their sacrifice. what would it mean to come to the mall to visit a memorial that honors your husband? >> everything. i don't know how else to say that, to know that they would be here -- oh, my god, the thought makes me want the cry. it's a big deal. it would be -- yeah. sorry. >> hallie, that effort is stalled in congress. advocates want to move it extremely quickly but it's often a years long process. senator joe manchin is part of a committee that oversees the national mall and wants itting to through the normal process, something that could take years. the senator's office put out a statement today telling me that he is -- he wants to ensure that those who sacrificed during the global war on terror are duly recognized. he says that remains a top priority for senator manchin. but he needs to hold a hearing for this effort, and he has not yet scheduled that hearing. so the path forward in congress is still unclear. and these families are waiting. and they want it to move quickly, hallie. >> you can see just how emotional it is, how personally, it is for them in that story. thank you for the great reporting. want to head back to kenosha, wisconsin, with meghan fizz jerrold posted up there. meghan, give me the 90-second update. we thought maybe the defense would rest soon. has it happened yet? >> not yet. but we feel we are just moments away. the defense indicating during the break that they are about to rest their case. once the jury comes back in, that's when we are expecting that to happen. the prosecution then saying they will be calling one more rebuttal witness for limited questioning. the judge will then address some of the jury instructions giving them in their entirety tomorrow after closing statements of course from both sides. then, this is a key moment here when both the prosecution and the defense saying they have both agreed that they want the jury to get this case on monday to avoid having them deliberate through the weekend. the judge has said he will temporarily agree to that but he reserves the right to reverse and will indicate that likely sometime today or tomorrow. >> megan fitzgerald, i know you will stay on top of all of the updates fours. thank you for all of you for watching this hour of hallie jackson reports. don't forget on monday, my new show launches on nbc news now, hallie jackson now. it will be monday, 5:00 on our streaming channel. i will still be here at 3:00 eastern on msnbc, of course. 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