Im Garrett Haake in for chuck todd. We begin with the latest out of wisconsin where we know the name of the Person Of Interest in custody in connection to yesterdays deadly doesnt at a Holiday Parade in the city of waukesha. We want to warn you you may find the video disturbing. Five Law Enforcement officials tell nbc news that police are now questioning 39yearold Darrell Brooksp hes not charged with any crimes and police are not calling him a suspect. Were expecting an update about an hour from now and we will bring that to you live. Police say five people were killed and more than 40 others were hurt when a red suv mostly cloudy into a crowd during the parade in this milwaukee suburb. One parade goer described the moment he knew something wasnt right. We were sitting in our normal spot we sit at every year for the past at least 14 years of her life and then i weve been coming since 1998 when we moved here and i noticed him coming through the crowd and i noticed something was not right. I seen kind of like just people flying as i stood up, im like oh, no, my daughter stood up, i threw her out of the way and then i basically yelled get out of the way and my wife got out of the way and by the time she did, the car came right past me within at least two feet. I could have touched the car going by. For more im joined by mara barrett along the Parade Route In Waukesha and with Me Tom Winter who is covering the investigation for nbc news. So mara, whats the mood like . Whats the feeling like in waukesha . How are folks doing there . Well, garrett, as you can imagine this is an incredibly difficult day for residents here. This is supposed to be a joyous celebration, a start to the holiday season. This parade is a decades long tradition here in the suburb of milwaukee and yesterday was just met with that tragedy. The videos weve been seeing incredibly disturbing. The parade route was full of people excited to get back to it after last year was canceled due to covid. It went down main street of waukesha. I want to show you a map because this is whats interesting when thinking about how this suv ended up on the parade route, the suspect might have been fleeing an incident involving a knife fight in a park. I will let tom get more into the investigation details, but witnesses telling nbc that they saw the red suv flying down the Parade Route 40 to 50 miles an hour. There are parallel streets next to the parade route that he could have been taking whether he was fleeing or not. And hitting so many people in his way, lots of witnesses telling nbc similar story that you heard from that man, talking about throwing children and Family Members out of the way and unfortunately a lot of children are among those that are injured in that count you gave, five dead and 40 people more than 40 people injured. We got an update from the local childrens hospital, about 18 children in the hospital, 10 of them in the icu. A difficult tragic day for this community and the police are giving us expected to give us an update in the next hour and warned us these numbers weve been reporting might be expected to climb. Tom, youve been working on this overnight. What do we know about this Person Of Interest, Darrell Brooks . Hes 39 years old from wisconsin. Has a significant criminal history, not just in wisconsin, but in several other states as well. We just got new documents in to our chicago bureau, and they paint a troubling picture of his recent criminal history, including an arrest earlier this month where a woman who apparently he has a child with according to the Charging Documents he was involved in a Domestic Violence and a dispute with her. He was charged with five counts including several counts tied to that Domestic Violence. According to officers when they arrived on the scene and spoke with the woman they noticed she had blood on her face, a swollen lip and apparently he had driven over her in a Gas Station Parking Lot in that area. She still had the tire marks on her pants, on her left leg. So were seeing somebody who has a history of violence, at least according to what hes been charged with in the past. This is somebody who was out on just A Thousand Dollars bail and the District Attorneys Office is out with a statement saying that theyre reviewing this Cash Bail Recommendation for the incident which was, quote, inappropriately low in light of the nature of the recent charges in the pending charges against mr. Brooks. Obviously a lot more to know and find out as to why this individual was out on the streets after being facing such serious charges and obviously an investigation into a prior incident of Domestic Assault that did involve a vehicle and him driving over an individual, at least thats what he was hit with in those charges and Charging Documents say. Thats what we know about this individual. I think its important to understand the tracking of this, it started out as an investigation or started out were told by the Law Enforcement officials as some sort of a fight, perhaps a Domestic Dispute as well in a local park, that involved a knife, potential stabbing. From there he fled and then went on to this parade route and the tragic consequences that mara was talking about and you were speaking about, weve seen what occurred there. The question i have is, why were looking at a map on screen of what happened here, thats obviously not the only street in this town so why did he choose this . Why did he decide to start to go down this street and obviously if he was trying to flee from a crime but not hurt anybody else he would have noticed the Marching Bands and frankly young kids that were in his way. Theres obviously some additional questions that need to be answered by Law Enforcement. We hope to hear more as you said coming up within hours when we get a Press Fwreefg Local Police officials. Tom, quick, i thought it was notable you said that statement from the d. A. s office talked about pending charges, this is someone not officially named as a suspect yet. What are we looking at on a timeline if they think this is their man . Is it unusual were talking about pending charges for someone who is not a suspect and been in their custody for some time now . They were referring to the pending charges that he has against him for prior incidents in the last year or two, not specific to what happened yesterday. He is as you said at the beginning of the program not named a suspect in yesterdays doesnt. Still not charged with anything tied to yesterdays incident. Weve reported this is an individual who is a Person Of Interest, taken into custody yesterday, and is somebody they were trying to question and speak to. As far as where the investigation stands, we dont know what statements he may have made. We dont know whether or not any Search Warrants were executed. In other words did they find anything at the home, on his social media, on his various Cell Phone Devices if he has any, that could help them out with motive, et cetera or figure out why he made the decisions he made yesterday which obviously had tragic consequences and likely severe legal conquenshes for him. Appreciate that clarification. Thank you both. Well be coming back to you when we get that update expected in the next hour or so. I want to bring in representative Sara Rodriguez, who was walking in yesterdays parade and whose district includes part of that county. If you wouldnt mind, can you just kind of describe for us the scene, what it was like on the route before the suv mostly cloudy plowed into the crowd . Everyone can picture this idyllic parade. Thats exactly what it was. This is something that my family and i enjoy annually. I was walking with the Waukesha County democrats throughout the parade and just a ton of families, a ton of children smiling, laughing, and at the end of the parade theres always santa claus. This is just a tradition that this city has for decades. We had to not do it last year because of covid. Its the 125th anniversary of this city and it was a really exciting time prior to the tragedy. And what about afterwards . Were you able to get down to the scene . I understand youre a trained nurse. Were you able to help . Talk to me about what happened afterwards . So i was at the very beginning of the parade and, so i did not witness the car go through the parade route, so i was very lucky. What ive learned anything as a Registered Nurse we need to let people do their jobs. The police were asking people to move out of the area. There was a concern that this was an active shooter situation at the that ended up not to be true. But i followed those Police Directions and left the scene. My daughter was also in waukesha and i knew she wasnt at the parade route and i knew we were going to have to get to her if something was happening in the city. My husband and i left to go to find her. Talk to me about this whole community of Southeast Wisconsin has been in the National Spotlight now for weeks. You had the trial a few miles away in kenosha and this situation in waukesha, how are People Holding up there . This is devastating for the community. It really is. My son goes to Waukesha South High School and thats where that Marching Band that you see in those videos thats where thats from, and, so i know these kids. I know these parents. You know, i spent all last night on the phone and texting, calling people that i knew to see if people were okay and my 15yearold son did the same thing calling all of his friends. What now about this community is that it is strong and it is diverse and were going to come together and get past this. Were all going to be thinking about you. Representative Sara Rodriguez thank you for coming on. Thank you so much for having me. And coming up, new messages of economic stability from the white house. Any minute now we expect President Biden to officially announce jerome fowl lead the Federal Reserve for a second term. New york House Democratic caucus chair Hakeem Jeffries will be here next. Later, new advice from dr. Anthony fauci as millions prepare to gather with their families amid rising fears of another winter surge. Youre watching mtp daily. W bye mom. My helpers abound, ill need you today. Our sleigh is now ready, lets get on our way. A mountain of toys to fulfill many wishes. Must be carried across all roads and all bridges. And when everyone is smiling and having their fun i can turn my sleigh north because my job here is done. Its not magic that makes more Holiday Deliveries to homes in the us than anyone else, its the hardworking people of the United States postal service. With voltaren arthritis pain gel. My husbands got his moves back. Its the hardworking people of the an alternative to pills, voltaren is a nonsteroidal antiinflammatory gel for powerful arthritis pain relief. Voltaren, the joy of movement. Unleash the freshness. [upbeat music] still fresh in washscent booster downy unstopables welcome back. Were expecting action at the white house as President Biden is expected to announce hes nominating Jerome Powell for another term. President trump nominated powell in 2017 and President Biden is scheduled to nominate democrat Lael Brainard as vice chair at the same ceremony. Renominating powell is a sign that biden is looking to send markets a message of stability. His decision to Renominate Powell comes as the president hits what may be the Halfway Point in getting his sweeping domestic agenda through congress. With the house passing his build back better bill friday 220215. Joining me one of the House Democrats who voted for the build back better bill new york democrat Hakeem Jeffries chair of the House Democratic caucus. Im curious up front, whats your reaction to the president s decision to reappoint Jerome Powell . Are you okay with keeping trumps fed nominee on through this recovery . I think Chairperson Powell has done a good job in helping to oversea Monetary Policy during the pandemic in ensure theres an economic recovery that it is as fair and equitable as possible and that the stability during a very uncertain time and i think i strongly support President Bidens decision. Its within his prerogative and certainly hopeful that in a second term, chairman powell will focus on some of the inflationary issues were seeing so we can drive down costs for Everyday Americans. Are there specific steps you would like to see him take to control inflation . Well, you know, i want to hear from chairman powell in the context of what his ideas are as it relates to dealing with the dynamics that we confront on our side in terms of Fiscal Policy and one of the reasons why the build back better act was so important. Were going to lower child care costs, Lower Health Care costs, housing cost, lower Education Costs and drive down the high costs of life saving prescription drugs. Were going to confront the cost of living issues on the Fiscal Policy side. Joe biden has been a tremendous leader in that regard. Were also going to have to hear some ideas on the Monetary Policy side and i look forward to hearing what chairman powell has to say in that regard. Now congressman, to our viewers, area out on the street in new york city because you were at an Structure Event with Chuck Schumer talking about how some of that money is going to be put to use in your community. Im curious how youre selling build back better to new york. Theres a lot of discussion about it on capitol hill. A lot of folks only know the name of the bill, and its price tag. How are you talking about that in new york . How are you making that bills potential impact known . Well, the build back better act is going to create goodpaying american jobs, millions of them, all across this great country in a city of america, rural america, suburban america, small town america. Were cutting taxes for Working Families and middleclass folks and lowincome families through the extension of the child tax credit. Were driving down and lowering costs for Everyday Americans in areas like child care and housing and education and health care as i indicated. And we are making an investment that is of a historic nature in the context of a green economy, a sustainable economy, a resilient economy, to confront the Climate Crisis with the fierce urgency of now. The challenge that weve had, of course, is that the bill is so significant in its potential impact, that there is an abundance of riches, but events like the one that we held here today at the leadership or from leadership, by Chuck Schumer, illustrates the real world impact of the things that were doing and i believe democrats will continue to do that all throughout the country. Congressman, im going to warn you i was told in my ear i may have to cut this interview short because we may hear from the president momentarily. I want to ask you about the s. A. L. T. Deduction, a big piece of this bill that became controversial at the end. You were one of the democrats who really wanted to see inclusion of changes to the state and local Tax Deductions to undue what was done by the republican bill. If this comes back to the senate with that cap lowered or substantially changed can you still vote for it or are you concerned about the possibility the senate might make changes to that provision . I think the senate is going to do the right thing because the overwhelming majority of senators on the democratic side recognize that 2017 gop tax scam congressman, i hate to do this to you but president is at the microphone and we need to listen in. I apologize, sir. In wisconsin. While we dont have all the facts and details we know this morning that five families in waukesha are facing fresh grief of a life without a loved one. At least 40 americans are suffering from injuries, some of them in critical condition. The act of violence. Last night people of waukesha were gathered for the season of thanksgiving. This morning jill and i and the biden family, and im sure all of us pray that that same spirit is going to embrace and lift up this tragedy, bringing comfort to those recovering from the injuries and wrapping the families of those who died in the support of their community. Were all grateful of their extraordinary work from First Responders to Law Enforcement to the Emergency Room doctors working around the clock to deal with the terrible consequences of what happened last night. My administration is monitoring the situation very closely. But now let me turn to todays announcement. 20 months ago, the covid19 pandemic exploded in america, creating the worst economic crisis we have faced since the great depression. Wreaking havoc not only on our economy, but the economies across the world. In two months, over 20 million americans lost their jobs and an Unemployment Rate shot up to 14. 8 . The highest ever recorded in america. All of us remember the scenes, major cities and small towns, main streets that looked like ghost towns, boarded up businesses, empty roads and highways and airports and train stations. Offices were closed, schools were closed, and hospitals were taken to the breaking point. When you remember the depths of the crisis we faced its the more amazing the progress that weve made since then. Weve gone from an economy that was shut down to an economy that was leading the world in Economic Growth. Weve gone from Small Businesses being shuttered to a Record Number of new Small Businesses starting up and gone from a devastating Job Destruction to record new job creation. Dont get me wrong, we still have much a long way to go from all of the pain and destruction caused by the pandemic and were still dealing with the difficult challenges and complications caused by covid19 that are driving up costs for American Families. I know for a lot of americans things are still very hard, very hard, but if you look at all the facts, you can only come to one conclusion weve made enormous progress in this country. First and foremost our economy is creating lots of jobs. In fact, weve seen a record new job growth in america this year. 5. 6 million jobs just since i was sworn in in january 20th. More jobs created at this point in a new presidency than ever before in american history. We have seen a dramatic drop in the Unemployment Rate of 14. 8 in April Of 2020 to 4. 6 today. Earlier this year, independent experts were predicting it would take until the end of 2023 to see unemployment that low. Our economy is creating new businesses, lots of new businesses. In fact, americans are starting Small Businesses at a record rate, up 30 compared to before the pandemic. Economists will tell you that an increase in new businesses is one of the best signs of an economy, an economy thats becoming more innovative and more dynamic. Thats because Small Businesses arent just the Heart And Soul of america, not just the bedrock of so many communities across the country, americas Small Businesses are the primary job creators, innovators and drivers that power our economic progress. Thats why its a powerful statement about the faith about that we have in our country where our country and our economy is heading. Small business creation is surging, surging in america today. Which is why im proud to say if you look at my presidency so far, its a jobs presidency. Its a Small Business presidency. So, if you look at the facts heres what record shows. The record job creation, record Economic Growth, record new Small Business creation, thats the story that should give us confidence about the economy that were building. Confidence in ourselves, confidence in the future. Now after years of wages being flat or falling behind, were also seeing something else. Things are Getting Better for American Workers. Higher wages, better benefits, more flexible schedules, Balance Sheets for American Families are better as well. Savings are up, home equity is up, credit card balances are down. If you continue and combine the wage increases weve seen with the direct relief my administration has provided to middleclass families the typical middle class familys Disposable Income has gone up 2 this year, even after accounting for higher prices. Thats the kind of recovery just one year after a crippling worldwide economic crisis thats unprecedented. It takes us, you know, it makes us stand out from the rest of the world. America is the only major economy, the only one in the world, where the economy is bigger today and families have more money in their pockets today than before the pandemic hit. Thats even after accounting for inflation. None of our competitors internationally can say that. None. Its a testament to the hard work and perseverance of the american people. Its the testament to the effectiveness of the vaccines and our vaccination effort. Its a testament to the economic policies we fought so hard to pass and put in place, especially the American Rescue plan. Its a testament to the Federal Reserve. But for all the progress weve made, we know we still are facing challenges, serious challenges we know theres a lot of fear and uncertainty and its tough for families to keep up with the rising cost of gasoline, food, housing, other essentials. Its not just an american problem. Its a worldwide problem. It doesnt make it easier for americans, but its a worldwide problem. Every country is dealing with the same problems emerging from the pandemic. Supply chain bottlenecks, disruption caused by spikes in covid19, elevated prices, theyre all taking a bite out of our family budgets. Perhaps no entity plays a more Important Role in navigating these than the Federal Reserve because its the feds job to balance two key goals. The first is to achieve maximum employment, to get as Many Americans working as possible. The second is to keep inflation low and stable. To piece these goals, is going to require patience, skill and independence. Thats why today im nominating Jerome Powell for a second term as chair of the Federal Reserve, and im nominating Lael Brainard to take the position as vice chair of the Federal Reserve. When our country was hemorrhaging jobs last year and there was panic our financial markets, jays steady and decisive leadership helped to stabilize markets and put our economy on track to a robust recovery. Jay is a believer in the benefits of what economists call maximum employment. Thats an economy where companies have to compete to attract workers instead of workers competing with each other for jobs, where American Workers get steady wage increases after decades of stagnation and where the benefits of Economic Growth are broadly shared by everyone in the country, not just concentrated for those at the top. Jay said it well last month, and im going to quote him, he said, an economy is healthier and stronger when as many people as possible are able to work. If entrenched in equities not only will they be held back from opportunities but the economy overall will not realize its potential and those who have historically been left behind stand the best chance of prospering in a Strong Economy with plentiful job opportunities. End of quote. As chair, Jay Undertook A Landmark Review to reinforce the Federal Reserves mission toward delivering full employment, were making strong progress toward that goal now and i believe jay is the right person to see us through and finish that effort and addressing the threat of inflation that is to our family and economy. Jay and i have had a chance to discuss his views on priorities for the Federal Reserve in the years ahead and hes made clear to me a top priority will be to accelerate the feds effort to address and mitigate the risk that Climate Change poses to our Financial System and our economy. Extreme weather has cost our economy over 600 billion over the last ten years. We have to make sure our Financial System can withstand Climate Change and is prepared to transition to clean energy. The fed must be a leader among Central Banks globally in addressing climate related financial risks. Hes underscored the importance of the fed taking a more proactive role in the months and years ahead and making sure that our financial regulations are staying ahead of emerging risks. Be they from innovations, crypto currency, or the practice of less regulated, nonbank financial institutions. Having served as Vice President during the depths of the 2009 financial crisis, having worked with president obama to put in place a stronger financial rules of the road, i understand the stakes of our regulations falling asleep at the switch, regulators falling asleep at the switch. Jay, along with the other members of the fed board that i will nominate, must ensure we never again expose our economy and American Families to those kinds of risks. I respect jays independence and i also trust that he will follow through on his commitment to prioritizing this with the skill that he has shown in his service to date. Now, some will no doubt question why im Renominating Jay when he was the choice of a republican predecessor. Why am i not picking a democrat, fresh blood, or taking the fed in a different direction . Put directly at this moment both enormous potential and enormous uncertainty for our economy we need stability and independence at the Federal Reserve. Jay has proven the independence that i value in the fed chair. In the last administration, he stood up to political interference and in doing so successfully maintained the integrity and credibility of this institution. Its just one of the many reasons why jay has support from across the political spectrum. In 2018 he was confirmed with 84 votes in the United States state. His approach as fed chair has earned the respect and support from the aflcio To The Business round table, which brings me to one more reason i have chosen to renominate jay. I believe having fed leadership with a broad bipartisan support is important, especially now in such a politically divided nation. I believe we need to do everything we can to take the bitter partisanship of todays politics out of something as important as the independence and credibility of the Federal Reserve. This is vital to maintaining public trust in an independent institution like the Federal Reserve. And that is why im so proud as well to nominate dr. Lael brainard to serve as vice chair of the Federal Reserve. You know, by promoting lael today to vice chair, im elevating one of the countrys most qualified and dedicated public servants. Shes one of the nations leading macro economists and she spent years at the Treasury Department representing american capitals around the world on issues and spent nearly the last decade as a member of the fed recently working side by side with jay as the fed navigated historic economic and financial crises and reaffirmed its commitment to a full employment economy. Throughout her time at the fed, lael has also been a stedfast voice for tough rules to protect the pensions and savings of the american people. Shes led the feds efforts to make sure Banking System serves everyone in the communities they serve so that regardless of where you live or your background, every american can have access to credit they need to start a business, buy a home, and just have a fair chance in life. Shes done pioneering work in how the fed should account for the emerging risk of Climate Change to our Financial System. Like jay, her expertise in leadership have earned her the respect and support of republicans and democrats alike. Im proud to nominate her to the vital role of vice chair of the Federal Reserve. Beyond jay and lael, i look forward in the coming weeks to nominating additional members including a new vice chair for supervision. These individuals will safeguard our Financial System and alongside jay and laels leadership, help to support and continue this historic economic recovery. While jay and lael bring continuity and stability to the fed, my additions will bring new perspectives and voices. I also pledge that my additions will bring new diversity to the fed, which is much needed and long overdue in life. Last year, the pandemic shut down much of the global economy. Now theres a worldwide reawakening and its creating both an Incredible Opportunity and tough challenges. As economies all across the world come back from this pandemic, americas leading the way. Like every country in the world, we have to deal with these issues of rising costs, but we should remember, we have the skill and the tools to get it under control. While other countries are stumbling out of this pandemic, were racing ahead because so much of the rest of our economy is doing well. Because we have created so many new jobs as fast as we have. Were in a position to attack inflation from a position of strength, not weakness. Times like these we need steady, tested principle leadership at the fed, people with Sound Judgment and courage to preserve the independence of the fed and feed people of character and integrity who can be trusted to keep their focus on the right and longterm goals of our country, for our country. Im confident jay and lael are those people. I would like to give jay and lael an opportunity to say a few words. Start with jay and then turn to lael. Jay, the floor is yours. Mr. President , thank you for this extraordinary opportunity to continue to serve the american people. If confirmed by the senate i pledge to do everything within my power to meet the responsibilities that congress has entrusted to the Federal Reserve. Im joined today by my wife alyssa and our three adult children, soucie, lucy, sam, and sams wife. Their support make possible all that i do. Im grateful to the talented and dedicated team at the Federal Reserve with whom it has been my great privilege to serve over the last decade. My predecessor, secretary janet yellen, left the fed in stroong position to meet every challenge, and im thankful for her leadership, her example and her friendship. When video hit our showers shores, american businesses were ten years into expansion with a robust jobs market that was reaching those traditionally left out. The pandemic brought an immediate and painful recession. Fortunately, american resilience along with strong Policy Actions and vaccines that enable the economys reopening, cushioned the blows and set the stage for a strong recovery. Today, the economy is expanding at its fastest pace in many years. Carrying the promise of return to maximum employment. Challenges and opportunities remain as always. The unprecedented reopening of the economy, along with the continuing effects of the pandemic, led to supply and demand imbalances, bottlenecks and a burst of inflation. We know that high inflation takes a toll on families, especially those less able to meet the higher costs of essentials like food, housing and transportation. We use our tools both to support the economy in a strong labor market and prevent higher inflation from becoming entrenched. Other key priorities include vigilantly guarding the resilience and stability of the Financial System, addressing evolving risks from Climate Change and Cyber Attacks and facilitating the modernization of the Payment System while protecting consumers. I look forward very much to continuing to work closely with my colleague of the past seven years, Lael Brainard, as the fed confronts these and others issues. Lael brings formidable talent, a wealth of experience and good judgment to our work. Inside the Federal Reserve, we understand that our decisions matter for American Families and communities. I strongly share that sense of mission, and im committed to making those decisions with objectivity and integrity based on the best Available Evidence and the longstanding tradition of Monetary Policy independence. Mr. President , thank you, again. Were going to take you now from the white house to the courthouse in georgia, where the trial has just resumed. Closing arguments just resumed for the three men charged with the killing of Ahmaud Arbery. Lets listen in. Bobbie is flying down crossbrook drive again in the new car. You have to talk with him and get him to slow down so no one is hurt. The police cant be everywhere and in a safe, secure neighborhood, police are helped by those neighbors. Officer rash testified neighbors help neighbors and neighbors help the police. There are really only two questions for you to answer to reach your verdict in the charges that the state has brought against Greg Mcmichael. Did Greg Mcmichael have reasonable and probable grounds of suspicion to believe that Ahmaud Arbery had committed a burglary and did he have reasonable and probable grounds to believe that Ahmaud Arbery was escaping or attempting to escape yet again on February 23rd . It is a ninecount indictment. Nine counts. So why only two questions . Well, i want to suggest to you what the state suggested, but in reverse. I would like to suggest a methodical efficient way to think about all this law and all of these charges. I suggest that you begin at the beginning. Count 1, Malice Murder. And then take all the rest of those counts, 2 through 9, as one big chunk as you consider the important questions. Even count 1, that mallist murder count is defended by the answers to those questions, but i suggest to you you dont have to get to those questions. Greg mcmichael pulled no trigger. How could the state seek a conviction for Malice Murder as greg stood in the bed of the pickup truck on the phone with 911 as the fatal shots were fired as a party to the crime . Told you about the law that the judge will give you. If someone intentionally helps or aids or procures or hires or assists in the commission of a crime, they can be as guilty as the principal, as the person who fired the shots. But what is so very different about count 1 is that its Malice Murder. It requires the desire and the intent to kill, the deliberate intention to take the life of another human being, where all of the circumstances of the killing show that an individual acted with an abandoned and malignant heart. The state will have to be asking you to find that Greg Mcmichael advised or encouraged Travis Mcmichael, his son, to take the life of Ahmaud Arbery because thats what he wanted to do. For no reason other than to see that young man die and to see him die at the hands of his own son. And to do it right there in front of his eyes because the guy keeps breaking down breaking too that house down the street. Thats the level of criminal intent, the level of depravity, heartlessness, sickness, that you would need to find beyond a reasonable doubt to find Greg Mcmichael guilty of Malice Murder. Thats why i suggest that you begin with count 1 and quickly dispatch of it with a not guilty verdict. And then move down to the remaining counts. Counts 2 through 9. Because it comes down to this. If Greg Mcmichael was authorized by law to attempt to execute a Citizens Arrest, to try to detain Ahmaud Arbery for the police to come and do their job, to try to keep peace and safety within that neighborhood, then they were within the law to hold him there for the police. How else does one hold an individual who does not want to be arrested for the police . You have to contain him. Not false imprison him. Contain him. You have to possibly hold him at gunpoint without firing a shot, not an aggravated assault, but the use of a reasonable and measured amount of force, to make him stay where he did not want to stay. So if they were acting within the law in trying to execute a Citizens Arrest, to detain Ahmaud Arbery for the police, then travis had every single right to defend himself. When Ahmaud Arbery inexplicably took that sharp left turn at the right front of the truck, seeking to disarm Travis Mcmichael. So, who has to prove what . We begin as we always begin in a courtroom, with innocence and we stay there unless and until the state proves to you that this was not a Citizens Arrest and that travis was not justified in defending himself against Ahmaud Arberys attack and they have to convince you of that, remove your belief in that Citizens Arrest or justification to such a degree, that you have got left nothing, nothing in your minds to doubt it. That sounds like an enormous burden. Why . Because they have to make you sure of it. You have to have no hesitation, no ambivalence, absolute certainty because the stakes are as high as they come. Its the highest level of proof we ever ask for in a courtroom. The court will tell you when they say murder, and the facts raise justification and the judge will tell you, justification is selfdefense, justification is Citizens Arrest. That when that, the facts are raised, to support those defenses, that the state has to disprove them, that you are justified. But why . Why is the standard so incredibly high . The answer is something you witnessed in this very courtroom. Even in science, errors can happen. And without Dill Get Investigation and inquiry, people can be convicted on the slightest errors. Stripped of their freedom for anothers inattention or mistakes. Imagine, if dr. Donahue, with all that experience, who made the decision, the conclusion, that the muzzle to target range, the end of travis shotgun to the chest of Ahmaud Arbery was four feet away based on a photograph he compared in a book without having watched the video and more egregiously, without even having looked at the clothes that covered Ahmaud Arberys body. Imagine if that initial conclusion had been all you knew in this case. Wouldnt that have misled you . Wouldnt that have led you to wonder how what you saw in that video could match the opinion of a scientist . Imagine if Brian Leopard hadnt tested Ahmaud Arberys shirt and scientifically concluded based on that that these were contact or fear contact wounds. Imagine further if i hadnt emailed dr. Donahue to take another look at his conclusions, based upon the clothing and Brian Leopards expert report, and further imagine if dr. Donahue was not an honorable scientist. If he wasnt willing to admit he had made a mistake and take another look at the science. So that instead of three to four feet, we now know its its con or three inches. Three inches as opposed to four feet. That is a demonstration to you why the system has to work this way, why the state has such a high burden. With evidence that leaves absolutely no reason to doubt, before any one of you can consider declaring that a man seeking to protect himself and his community is a murderer. You determine the facts. And the judge will tell you the law. So of course you need to be given the facts accurately and completely. The painful beauty of this case is that almost all of it is recorded. Security videos from outside peoples homes in satila shores. Difficulttolistento 911 tapes. And then of course the really hard thing to look at, the Cellphone Video that captured the last moments. Based on those undisputed recorded facts, still in the face of all that you heard and saw, the states case demonstrated in opening what mr. Hoke told you in opening statement, he told you greg mcfiled was absolutely certain and he was absolutely right. You were so attentive, and i thank you for that. We all do. You took a lot of notes. And there was a lot of things to take notes about. So you know that the very first words out of Greg Mcmichaels mouth is that there was no doubt in his mind as to who this guy was. He told Officer Brandinberry that and it was captured on the recording. Parker marcy, that investigator, told you, heres his statement, heres what he told me, i watched him, and when he came by me i got a good, really good look at him, so i mean, its the same guy. And it was Ahmaud Arbery on the video. He was an intruder. Larry english had reported, because he believed that an intruder had taken thousands of dollars of Boat Equipment off the offshore boat that had been parked in his rv parking garage. It was Ahmaud Arbery returning night after night, without authority, to a place where valuables were stored, with no legitimate reason for being there. And it was Ahmaud Arbery, as Greg Mcmichael told immediately after being questioned, who had hauled ass from that house on February 23rd after he had looked through the window at Matt Albenzay on the phone that he ran from that home. Add all that knowledge, that certainty, to what he learned when travis jumped into the truck and shared with him what he saw on the drivers side of that truck. Objection. Thats not in evidence. And i object to this was never in evidence and the state objects for arguing facts not in evidence. Your honor, i believe that is in evidence and i believe that Travis Mcmichael testified and these statements im talking about did come into evidence. Yes, the jury does remember the evidence. Ladies and gentlemen, it is up to the jury to recall the evidence that has been presented in this trial. What lawyers say is not evidence. So it is up to you to recall what the evidence is in the case and to go ahead and address this matter on that basis. I dont have a complete listing of all statements made. Its up to you, ladies and gentlemen, to recall that. Its argument. Go ahead. You will be the decider of the facts. You took the notes. And i trust what you will remember from this trial, that travis jumped into the drivers seat of that truck after seeing Matt Albenzay pointing down that street, signaling down that street. That the man that Travis Mcmichael had seen only 11 days earlier with his own eyes, and then slowly pulled up alongside so that he could confirm for himself, dads right, this is the guy. And the judge will tell you, you will gather the facts from the totality of the circumstances. Did they have a reasonable and probable cause to believe that this was the guy . And you can know, and the judge will tell you, that you gather that from every sense that you have. Your hearing, your sight, your sense of whats going on around you. Certainty, though, is way higher standard than what you even need to find in this case. Certainty was way more knowledge than they needed to detain Ahmaud Arbery to execute a Citizens Arrest. And that was Greg Mcmichaels intent. He said it from the very beginning. He was asked by the investigator, parker marcy testified to you, what was your intent had he stopped . And he said, as clear as a bell, hold him for the police so that he could be arrested. The judge will charge you that a private citizen can effectuate an arrest, detaining someone for the police to arrive if a crime happens within his knowledge or his immediate presence. So heres what you have to know. That you havent yet heard from the state. There are no magic words that are required. The court will tell you, theres nothing special you have to say to be effectuating a Citizens Arrest. Theres nothing special you cant say while effectuating a Citizens Arrest. If it happens within your knowledge or immediate presence, then you can effectuate a Citizens Arrest and criminal trespass, the court will tell you, going on someones property without the authority and for an unlawful purpose, is a crime. The Misdemeanor Offense of Citizens Arrest. And again, what you havent heard from the state and got some misdirection about, theres no requirement, judge walmsly will tell you, for the posting of a no trespassing sign. Theres no requirement that any officer execute this trespass warning. Its your place, and people should stay off it. We dont need to be telling people ahead of time and giving them warnings if you dont want to. And hell also charge you that a private citizen can effectuate an arrest, detaining someone for the goal of holding them for the police if he has reasonable grounds of suspicion to believe that a suspect is fleeing or attempting to flee from a felony. Burglary is a felony. Entering a Dwelling Place without authority, with the intent to commit a theft in there. Not an actual theft, but the reason, the mindset for going into a place thats not yours. So how do you know that if there wasnt actually a theft . Just walmsley will tell you, the law will allow you to infer an intent to steal. If there is an unlawful entry, meaning crossing into a place thats not yours, a place where youre watching close arguments in the trial of three men accused of killing Ahmaud Arbery. This is the Defense Attorney for Greg Mcmichael. Well put a pause on this for just a moment and go to waukesha, wisconsin where police are now giving an updat