police in portland, oregon declared a riot when a crowd gathered to protest kyle rittenhouse's acquittal. protests also in brooklyn outside barkley center, and outside the courthouse in kenosha. the nation is bracing for more potential unrest. after deliberations, the jury found kyle rittenhouse not guilty on all five charges he faced for fatally shooting two and injuring a third during anti-racism protests in wisconsin. parents of one of the men killed by rittenhouse released a statement reading today's verdict means there is no accountability for the person who murdered our son. it sends the unacceptable message that armed civilians can show up in any town, incite violence, and then use the danger they have created to justify shooting people in the street. justin blake, the uncle of jacob blake, who was left paralyzed after the kenosha police shot him in the back several times igniting a wave of protests against police brutality had this to say about rittenhouse's claims he acted in self defense. >> it was not self defense. you're protecting your home, your family. he in a dastardly way used the law that worked for him. there was no self defense. >> there were a range of emotions on display outside the courthouse last night. >> how many african-american people do you see get away with murder? >> i am here to celebrate kyle's innocence and affirmation of the thousand-year-old right of self defense. >> this is a dark day for america. we made vigilanteism legal. >> prescribe weighed in, releasing a statement saying while the verdict will leave many americans angry and concerned, myself included, we must acknowledge the jury has spoken. joining us, correspondent liz mclaughlin in kenosha. what's the atmosphere last night and this morning in kenosha? >> reporter: a few dozen protesters last night as we just heard from. calm now outside the courthouse. 500 national guard members are standing by, preparing for potential unrest. many expressing outrage that kyle rittenhouse could come here last summer with an ar-15 in hand, shoot three, kill two of them, face no consequences for those actions. some see him as a hero, widening the troubling divide, igniting debate around inequities in the justice system and self defense, really focusing on self defense as this defense that when a defendant says they acted in fear, they're given wide girth of leeway. when kyle rittenhouse said actions were self defense, the burden was on the prosecution to prove otherwise, and this jury said that was not met. so we're just seeing the reaction when the not guilty verdict was read, five times for all those counts. rittenhouse collapsed in his chair. he choked up, hugged his attorney, was whisked out the back door. saw a tucker carlson promotional trailer, fox news team was embedded within the course of the trial, got reaction after the verdict was read. let's listen. >> the jury reached the correct verdict, self defense is not illegal. i believe they came to the correct verdict and i'm glad everything went well. it has been a rough journey, but we made it through it. we made it through the hard part. >> reporter: mark richards, one of rittenhouse's attorneys said he didn't approve of the crew being with the defense team, saying it was inappropriate, citing that filming to go towards fundraising efforts for the attorneys and for experts. that we know about, supporters donated $2 million to his defense fund. >> thanks for the reporting. we'll stay close as things develop in kenosha. liz mclaughlin. joining me, danny cevallos, good to see you. you are the guy i turn to to understand these things. you tweeted about something liz said. if you are a defendant and you claim that you acted in self defense, here's what you said. the jury doesn't have to believe that rosenbaum was attacking rittenhouse. the state must prove beyond a reasonable doubt that rosenbaum was not attacking rittenhouse. i don't know that nonlegal people understand, if i claim self defense, you as a prosecutor have to prove that i was not acting in self defense. >> exactly. once there's any evidence in wisconsin in self defense, the burden is on the prosecution to disprove self defense. they can do it by attacking any of the elements of self defense, defeating any of them will prevail for the prosecution. for example, had they proven the attack was not imminent, if joseph rosenbaum said i'm going to kill you next tuesday, that's not imminent attack. if they prove use of force was not proportional to force directed to rittenhouse, there was an area for contention. there are a lot of folks that believe person with firearm is never threatened by person without a weapon at all. and that was something the defense had to contend with, demonstrating that no, indeed, if somebody takes away a firearm from you, you reverse the force and you are -- your life is threatened as a result. >> the point earlier that the prosecution didn't have good facts on their side, what did you mean by that? >> this was a case arguably shouldn't have been brought in the first place. easy to criticize the prosecution. i take a different view. what's scary, i am biased as a criminal defense attorney, what scares me, this appears to be a case with the prosecution as it unfolded may have learned that uh-oh, this isn't the case we thought it was. and the problem with our system is that there isn't a way for prosecutors to reevaluate, save face, say maybe this isn't a case any more. it is a testament to how well the prosecutors did with bad facts that they took this to a jury and the jury deliberated for three days on a case that as we can see was a case of self defense. even the provocation argument which would have negated self defense, which they only developed mid trial, even that argument got them to a jury. the challenge in our criminal justice system is that prosecutors are often too good at their jobs with facts that don't lead to conviction. >> how do people like me come to terms with the fact that we know this is a kid had no legal right to own the gun, didn't acquire it legally. crossed state lines to engage in something that he said was defending small businesses, which is not a role for civilians in this country, doesn't exist. we don't deputize individuals, unless you're empowered, you're not to get involved in public activity control or defense of business and property that's not your own. how do you square the idea that kyle rittenhouse definitely did something wrong? is it that he wasn't charged with the right doing something wrong? >> you and i can morally agree kyle rittenhouse should never have been in kenosha, wisconsin, that's what i think. should never have been there with a long rifle in the middle of riots. nobody should have been there. that's not my opinion. the prosecutor himself said reasonable people were not downtown in kenosha that night, implying that pretty much everybody there pushing dumpsters around on fire were not reasonable and i agree with that. i agree that kyle rittenhouse shouldn't have been there at that time with a firearm. however, under wisconsin law all of that is immaterial. and if you don't like that, you write to legislators and say we don't like self defense the way it is, we don't like open carry situation. we want to, if you can have a firearm, great, you can't open carry it in our town. that's a reasonable conclusion. when you analyze self defense, you can boil the entire case down to did the prosecution prove that kyle rittenhouse's gun was here, where it was not threatening, or here where it was. everything else, all the white supremacy, political issues, second amendment is smoke filled coffee house nonsense compared to the legal issue. everything else is fair game for discussion about society in general. >> good to see you as always. thanks for the clarity. msnbc's legal analyst and criminal defense attorney. i want to bring in sonya pruitt, retired captain with montgomery county police department. thank you for being with us. danny dispensed of the legal issue here, proving or disproving the claim of self defense. as he says, there's a venue for other discussion. why is it okay to acquire a gun illegally, cross state lines, go to someone else's town and engage in what he falsely or truthfully believed was protection of property. >> good morning, ali. vigilantes are endowed to be ex-oh physical i don't see police officers, i use that that these men hold in society as privileged white males. their empowerment comes from those members of the public that deem movement towards police reform and social and racial justice a stain on patriotism. empowerment can come from police themselves as it did in the case of kyle rittenhouse. >> and we have seen that before. the empowerment by the police and authorities, the idea that any potential threat that kyle rittenhouse might have felt, we are dispensing with the idea that kyle rittenhouse got himself into position if he felt threatened at that moment, he is not from wisconsin, was not legally entitled to carry that gun. beyond that, the point you're making, sonya, in this country that kind of deputizing doesn't exist. that's not really a thing. that is not a role that civilians can or are permitted by law to play. >> right. so in cases like george zimmerman where he killed trayvon martin, the defendants in the ahmaud arbery trial, they're seen as heroes, and victims seen as criminals. the message sent by verdicts like the kyle rittenhouse and zimmerman case, someone that's a self proclaimed protector, self proclaimed protector of the property of others can grab a gun, place themselves in confrontational situation with a person that's done nothing wrong, demand their orders be followed by virtue of their presence, say they fear for their lives which is a police standard and kill claiming self defense in situations that they actually initiated. never in these situations is the question asked what rights do the deceased have as citizens to defend themselves. >> the arbery trial is still under way, there are similarities, the defendants are saying we were at risk in some fashion. the prosecutors seem to establish that they were not at risk in any fashion whatsoever, there was no known crime that he had committed and all points he was trying to get away from men that ultimately killed him. >> yes. and we are seeing this now becoming a trend. trayvon was doing nothing, walking through his own neighborhood. kyle rittenhouse was somewhere he shouldn't have been, and we have people that have a first amendment right to protest. if you're weighing it against the second amendment, which one has more weight, second amendment or first amendment. the second amendment, you have the right to in your opinion if you believe in the second amendment arm yourself, not just where you use your voice and presence to acknowledge there's something you don't agree with or believe in. >> we appreciate your time. she's a retired captain with montgomery county, maryland police department and founder of black police experience. coming up, if you are considering getting a booster shot, wondering if you can get a third jab, the fda and cdc have officially given the green light. we'll tell you what you need to know about it. the woman that dubbed herself trump in heels said she's taking a page out of glenn youngkin's play book as she tries to oust a moderate democrat from congress. after the break, the results from biden's physical exam because he told us. told us -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. get help managing your money for the life -- and years -- ahead. with fidelity income planning, we'll look at what you've saved, what you'll need, and build a straightforward plan to generate income, even when you're not working. a plan that gives 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they need to build a future of unlimited possibilities. today is president biden's 79th birthday, making him the oldest president in american history. for a man his age has a pretty good bill of health. we know this because he went for a physical, his doctor released a detailed, honest summary of the president's health. and it reads exactly as you would expect a health report to read. lots of medical jargon, easy enough to understand even if you don't have a medical degree. incredibly transparent. joe biden is not in perfect shape but everything you would expect a 79-year-old man to be. why is this a big deal? after four years of lies and lunacy, it is worth acknowledging small interventions of normalcy and honesty. remember the first physical donald trump had after he was inaugurated. people in their mid 70s usually have some health issues except for donald trump. joe biden's physician, dr. kevin o'connor, released six pages of scientific records, some might consider it too much information. while donald trump's physician, the bizarre now texas congressman, ronnie jackson, first released a 33 word statement before going into more bizarre detail at a press conference. look at biden's medical marks. he reveals president biden, quote, has experienced increasing frequency and severity of throat clearing and coughing during speaking engagements. he exhibited such symptoms as long as i have known him, certainly seem more frequent and pronounced the last few months. this is from dr. jackson's statement of donald trump's health. he has a lot of energy and stamina. back to biden. he has what they call a stiff gait. his report reads the team concluded much stiffness is result of degenerative wear and tear, osteo athletic changes or spond lows is of the spine. feels novel to hear an honest assessment of our president's health. probably because when dr. ronnie jackson was asked about donald trump's medical status, he said, quote, i told the president if he had a healthier diet the last 20 years, he might live to be 200 years old, end quote. wouldn't that be something. donald trump living to be 200 years old. president biden also underwent a routine colonoscopy. he wrote several small die ver particular la were noted. 3 millimeter polyp was identified in the ascending colon, and removed without difficulty. straight to the point. no exaggerations. this is dr. ronnie jackson's explanation how donald trump kept in sterling health. quote, he has incredibly good genes and it is just the way god made him, end quote. you see, there's transparency and then there's donald trump and his whack doctor. everyone in donald trump's orbit fell into the vortex of exaggeration, obfuscation and hyperbole. for four years and counting, america is playing a game of hide and seek. donald trump hides the truth, the rest of us fight to defend it. tax returns, never seen them. january 6th, former liar in chief won't give up his records. and let's not forget, the president of the united states spent three days at walter reed last year battling covid-19 at the height of the pandemic and we still don't know what happened there except that he made secret service members drive him around to wave at supporters. maybe i am being a bit harsh. donald trump didn't tell us nothing about his physical or mental health. there was one demonstration of his mental acute. >> like you go person, woman, man, camera, tv. so they say could you repeat that. so i said yeah. person, woman, man, camera, tv. okay. that's very good. if you get it in order, you get extra points. now he is asking you other questions, other questions, and then ten minutes, 15, 20 minutes later, remember the first question, not the first but tenth question, give us that again. you go person, woman, man, camera, tv. they say that's amazing. how did you do that. i do it because i have like a good memory, because i'm cognitively there. >> i guess we should have just taken his word for it. e just taken his word 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>> well, you know, it was not unexpected. i don't know how many people were surprised by this particular verdict. but what comes to mind is something that a friend of mine, a defense attorney, now deceased once told me, and that is that not guilty is not the same thing as being innocent. you know, once the judge took the two charges, two misdemeanors out of the equation, the fact that he was 17 years old, breaking curfew, the fact that he was underage and had a rifle, the judge used some obscure drafting error in the law to justify not putting that in front of the jury, suddenly kyle rittenhouse's declaration that he did nothing wrong gave that some wings. you see all the second amendment right advocates essentially asserting he had a right to be there. so we have this really weird outcome where someone we all say shouldn't have been there is somehow sort of boot strapped into being legitimately on the scene, and of course, able to defend himself. i just think it is tragic all the way around. there's a legitimate fear around spawning more vigilanteism and hopefully other cases in charlottesville and georgia will sort of mitigate the results of this, which i am a lot more hopeful about outcomes of at least one of those trials. >> charlottesville, that's a lawsuit on behalf of people injured in that rally, and in georgia, ahmaud arbery. let's talk about build back better bill. it finally happened in the house. tell me what happens next here. things may change as before it comes back and finally gets passed. what's the danger that enough changes that progressives in your caucus decide is too much or they've given up too much? >> ali, we're going to pass this bill, whatever changes are made in the senate. whatever we do is going to be historic. think about this. $35 a month cap on cost of insulin. i had so many members of my family succumb to insulin. and it can cost as 5, 600 bucks a month down to $35 a month. child care. really kept women out, mothers out of the work force. paid family leave. wisconsin, we are one of those states where we are expanding the affordable care act. it is hard for me to think about which one of these things wouldn't be enough to propel me toward voting for it. there's so much good in here it is hard to see where they'll take away enough for us not to continue to be excited about the transformational change in the way citizens will engage with their government. and no, it is not a government takeover. it is actually government really enabling people to work and have a decent standard of living. it is very exciting. >> i wish people would read a book about socialism before they talk socialism. i have one quick three word question for you. what about manchin. >> senator manchin, i think he is probably a really decent person, you know, i don't know him personally even though i'm a colleague but i just would say that west virginia, you know, but for mississippi has the lowest median family income in the nation, so i'm a little confused as to why he thinks that his constituents won't benefit from $300 a month child tax credit or paid family leave so that they can get days off. you know, developing our future work force that won't be able to depend on coal. so the pre-k provision is an investment in our children, something that kind of makes you scratch your head. i tend to believe joe biden and his influence with those senators. he has said he promises that manchin will be there, that's what i am relying on at this point. >> good to see you. thank you, as always, taking time to talk to us early in the morning. gwen moore from wisconsin. the latest on boosters, lockdown and mandates having to do with covid next. ving to do with covid next can it one upe doing? 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nah, we're gonna get creamed— but we'll be on t-mobile! this morning, every adult in america has been cleared to get a covid-19 booster shot in time for the holidays. last night, the cdc director endorsed booster jobs of pfizer and moderna, making them available to anyone that wants one, including anyone that got a johnson & johnson shot. based on compelling evidence, all adults over 18 should now have equitable access to a covid-19 booster dose. that approval came hours after the food and drug administration gave its authorization, that's typically how it works, the two bodies work in conjunction on authorizations, in terms of measuring doses, pfizer booster shots are identical in size to the initial vaccine shot while moderna is doling out half dose boosters which are equally protective, lead to fewer side effects. for more on the booster situation, joined by an infectious disease physician and director of boston university emerging infectious disease policy and research center, and she's an msnbc contributor. always a pleasure to see you. thank you for being with us. >> ali, thanks for having me. >> talk about booster shots, reactions to them. i talked to people that received them, a number of my colleagues have. some have reactions that exceeded what they got with the initial shots, some have fairly mild reactions, some people have none at all. for those of us that haven't gotten the booster shot, what should we think about in terms of planning for how it is going to go? >> well, i think it has been all over the place, similar to the reactions people had with first doses. in general, you look at the studies, rates of reaction are similar to the second dose people had. i would expect people to have similar planning. you may be a little rundown, may feel like you need to take a day or two, but the trial shows there's no new other safety signal in the common adverse effects compared to prior. >> before there was a vaccine, we didn't know how long it would last, what effect it would have. the antibodies or resistance to covid declines over time after infection or vaccination. do we know about when that happens, when the best time is to get a booster shot? >> the science is leading us to show around five and a half, six months. your protection against symptomatic infection from covid, again, as you said, happens when you recover from infection as well, from symptomatic infection, protection goes down. that's why you're seeing not just break through infections among everybody that might have gotten vaccines. however, there's also a drop in protection against hospitalization. that's mostly in people over 50. you could potentially see that in patients that are younger. people that are getting hospitalized today are people unvaccinated and people who are older who may see waning of immunity after being vaccinated. that's for folks over 50 and at highest risk. the goal, newest data, what pushed fda to approve it with cdc, pfizer had a great trial, randomized control trial that showed giving the third booster, increase antibodies and protect against symptomatic disease and that matters as we walk into the potential winter surge. >> obviously if you got the johnson & johnson vaccine, that was one shot and it doesn't have a booster now, you're going to get a second shot of a different vaccine. what about mixing and matching if you got pfizer or moderna? does it matter? can you mix and match, should you mix and match? >> yeah. current guidance, you can mix and match as laid out. between mrna vaccines, there probably isn't a lot of difference. if you got moderna, you can switch to pfizer or vice versa. if you've gotten johnson & johnson, lab data shows switching technologies might be a little beneficial, but this is based on lab data. in reality, probably not a big difference. it is probably negligible. >> you infectious disease specialists are doctors and your scientists, data scientists to some degree, i thought of you when i heard about the austria lockdown. you look at the measures by which policy matters should be taken up with respect to the infection. what does this make you think of, do you think they're doing the right thing or is there more in the way of lockdown and restrictions for us? >> the concern in austria, they're about 66%. we're in that range here as well. in this surge they're seeing hospitalizations go up, maybe not yet at the same rate as the past. i think lockdown need to come with a goal. what is your goal. what will happen at the end of lockdown that will change. you're maybe breaking chain of transmission during the ten days they're planning, and their goal, why i think it is smart to increasing vaccination levels, the goal is on the other side when people come out, more people will have shots. then you have a tenable policy, right? i think otherwise they tried restrictions, getting over the hurdle of winter surge for them, the important part will be to put public health measures, have a break in lockdown and chain of transmission, but really to get vaccination rates up. same is true for us as well. >> always a pleasure to see you. thank you for joining us. she's an infectious disease physician and director of boston university emerging infectious policy and research center. after the break, the truth about post trump template and gop successfully using it this election season. it has far more frightening consequences than you may think. consequences than you may think. superpowers from a spider bite? i could use some help showing the world how liberty mutual customizes their car insurance so they only pay for what they need. 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symptoms. latuda was proven to significantly reduce bipolar depression symptoms and in clinical studies, had no substantial impact on weight. this is where i want to be. latuda is not for everyone. call your doctor about unusual mood changes, behaviors, or suicidal thoughts. antidepressants can increase these in children, teens, and young adults. elderly dementia patients on latuda have an increased risk of death or stroke. call your doctor about fever, stiff muscles, and confusion, as these may be life threatening... ...or uncontrollable muscle movements, as these may be permanent. these are not all the serious side effects. now i'm back where i belong. ask your doctor about latuda and pay as little as $0 for your first prescription. ♪♪ hi mr. charles. we made you dinner. aww, thank you. ♪♪ there is a republican state senator in virginia named amanda chase. she's given herself the nickname trump in heels. she wanted the insurrectionist former president to declare martial law to overturn the results of the election. she has repeatedly praised the january 6th rioters and she just announced that she will challenge democratic representative abigail spam berger for her seat in congress. she is at least the seventh republican vying for the opportunity to take on spam berger in virginia's district. the glen youngkin playbook, the republican who defeated terry mcauliffe, but her strategy so far, the whole trump in heels thing, isn't exactly what propelled youngkin to victory. what worked for him was essentially this. play footsie with the trump side, but don't be too public about it and don't ak tend their rally, accept their praise and endorsement, but don't flaunt it. it's applausible deniablity both for the candidate and for the voter. joining me is the perfect person to talk gop strategist rick tyler, last i checked he's still a republican and an msnbc author of "still right," a composting american makes the case for conservatism. just confirming, your still a republican, right? >> yes, sir. all right. >> yes, sir. >> what -- talk to me about this new republican, right? you have this glen youngkin thing. glen youngkin had a long wall street career in which people never heard him express any views to be weird, shall we say, but he played this game with the trump folks, the trump people endorsed him and they flew a flag at his rallies that were flown on january 6th and it's an interesting line he walks. he did not avidly disavow trumpians and stop the steal and insurrectionists. >> as you know, i've always maintained that trump was an aberration for republicanism, that is the ideology of republicanism and not necessarily those who claimed to be adherence, meaning the party. terry mcauliffe frankly ran a very bad race. terry mcauliffe based his race off of gavin newsom's recall election. he was the opponent in the recall as donald trump and larry elder didn't have the money to identify himself and therefore that strategy worked. it did not work in virginia. glen youngkin didn't do anything to indicate he was like donald trump right down to the way he dressed which meant terry mcauliffe to say he's trump in khakis which is an acknowledgement that he wasn't like donald trump and glen youngkin had the money to identify himself and he ran a very good campaign and in the end the voters did not believe he was donald trump and that ended up being terry mcauliffe's sole message, that he was donald trump and it didn't work. virginia has been a blue state for ten years. youngkin represented a 12-point shift from donald trump's loss here to a two-point victory. he won overwhelmingly the rural area, which trump did, too, and he won it by ten more points and he won the suburbs which trump lost and specifically, he won suburban white women in the suburbs which trump had done much better with, and that represented also a 12-point switch. and a lot of republican governors around the country with the recent republican governor's association meaning it was so glad because a lot of the governors are in blue states who needed a model to show that there is a model to beat donald trump and to win and the blue state and glen youngkin. >> so here's the problem and it's a problem joe walsh points out a lot and no real civil war in the republican party. the republican party and the apparatus are trump supporters who support the stop the steal stuff, who empower these candidates including this woman that we're talking about in virginia. do republicans not need to make a clean break of that. you say that trump was an aberration and that group of people control the republican party including the caucus in the house. >> let me be clear. the aberration is an ideological aberration and it's not a loyalty adherence to the party or to trump and my contention has always been that the republican party has always embraced conservative ideology and donald trump was an aberration to conservative ideology. it's not just republicans. donald trump or joe biden won or beat donald trump because a lot of republicans and center right decided they wanted to get rid of donald trump. joe biden fulfilled that bill and did that, but this last election represents a wholesale rejection of the left, of progressive policies and we see that not just in virginia, we saw it in new york, minneapolis, buffalo, cleveland and seattle where each of the mayoral candidate were the center right -- or the center left candidate beating the progressive. in fact, in buffalo the incumbent mayor lost his democratic primary and won as a write-in overwhelming lee. eric adams was seen as a candidate. and in minneapolis the mayor during the killing of george floyd, and the city rejected the left's idea of defunding the police. it isn't just on the right that people are changing their points of view. people on the left are rejecting the leftist -- the progressive ideas of the party. >> we are -- you've set us up nicely because tomorrow in the 9:00 hour we'll have that discussion about what democrats need to look like moving forward. rick, always good to see you. rick tyler, republican strategist and an msnbc political analyst. don't get up just yet. we have a full plate for you this morning. congressman don bacon of nebraska joins me straight ahead and one of a handful of republicans who voted in favor of the bipartisan infrastructure bill. another hour of "velshi" begins right now. democrats got right down to business when they returned to capitol hill this week. they bookended the week with the signing of one major bill and the passage of another. on monday president biden signed into law his $1 trillion infrastructure package which will upgrade the country's roads, bridges and broadband and internet access and house democrats also moved forward with voting on the build back better bill after a group of sent rift democrat holdouts signalled that i were ready to vote the final obstacle was a rambling, grandstanding eight-plus hour speech delivered through the overnight hours on thursday night by republican minority leader kevin mccarthy. eventually he did sit down and

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