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tv   At This Hour With Kate Bolduan  CNN  November 11, 2021 8:00am-9:00am PST

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following two important stories. any moment now we'll see president biden and the first lady honoring all of those who have served our nation, taking part in a wreath-laying ceremony at the tomb of the unknown soldier at arlington national cemetery. the president will be speaking this hour to commemorate this veterans day. we'll bring you all of that as it happens throughout the hour. stick with us for that. in a different story, we're keeping a watch on a courtroom in kenosha, wisconsin. new developments in the kyle rittenhouse trial. testimony is getting under way once again today with the defense calling a use of force expert to the stand. this after an explosive day in the courtroom that played out during this show. almost from the very start, as you will recall, kyle rittenhouse as he took the stand, broke down in tears as he testified that he acted in
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self-defense when he killed two men and wounded another during protests last year. >> atlantis were screaming and i was trying to get to the police. >> why did you try to get to the police? >> because i didn't do anything wrong. i defended myself. >> his testimony was not the only emotional testimony in the courtroom. the judge overseeing all of this angrily berating the prosecution a couple times, even leaving the defense to ask for a mistrial. that threat still hangs over the proceedings as they're back under way today. let's go there. cnn's shimon prokupecz is live outside the courthouse in kenosha with the latest. where are things that the moment, shimon? >> reporter: the defense expert, john black, is now on the stand. normally you would see these kind of expert witnesses in the
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prosecution of police officers or perhaps a disciplinary hearing when an officer is charged or accused of using force unnecessary sily or in so violation of a law. it's interesting to see it being use with a civilian on the streets of kenosha. he's starting that testimony. there was an objection to something that the defense attorney had asked, prosecutors arguing it goes beyond what the judge was going to allow him to testify to. so they're kind of arguing over that. but obviously, there are a lot of things kind of looming around this case. as you said, that mistrial motion, there's no word yet from the court or from any of the attorneys on whether or not the defense counsell had filed this motion asking the judge for this mistrial with prejudice, which would mean that this case would be over if the judge was to grant that. the other thing, obviously, was the judge. everyone's keeping an eye on the judge and how he's doing today. so far no reaction to the reaction to what happened
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yesterday with him. he walked into court. he took the bench. one thing he did say, and apparently he was confused about what day it was yesterday, he thought it was thursday because he had come in and told the jury that the case would probably likely end early next week, but that may now be changing. so it's very unclear exactly what's going to happen. perhaps we could see closing arguments tomorrow. it's very unclear as to what the next stages will be in terms of this trial. for now, we have defense witnesses, we have the one expert and the defense attorneys are expected to call two more witnesses, then the prosecution may have some rebuttal witnesses. so we wait to see. >> joining me now, jeffrey toobin and areva martin. picking up where shimon hit on, this mistrial hanging over,
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looming over the background of all this, this is unknown to the jury of course because they were told to leave the courtroom when this was discussed. what do you think the impact of that is? how real is the threat of a mistrial still, areva? >> i don't think it's very likely, kate, at this stage. the judge definitely is going to entertain it because that's what he has to do. but the prosecution will fight very vigorously against any ruling that would cause this case to be declared a mistrial, particularly one with prejudice, which would mean that the prosecution could not retry kyle. i think the judge is going to continue as he is doing today to receive testimony and to allow these lawyers to make their case. i think we're going to see closing arguments if not tomorrow by early next week, and this case is going to the go to the jury, and they're going to decide if the charges filed against kyle rittenhouse result in an acquittal or a conviction.
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>> how judges think about an issue like that, if he were to grant a mistrial today, there would be another trial. we'd have to do this all again. he knows that this case is one that might actually end in an acquittal. so why not just let the jury decide. then you don't have to worry about whether to grant a new trial or not. you can always, after the trial, say that the prosecution error was so great, i'm going to throw out the verdict if there's a conviction. but letting the case go to its conclusion is with the way most judge ace preach a case. >> i was going to ask, jeffrey, on part of this, which was the -- part of the emotion of yesterday, which was kyle rittenhouse taking the stand. and i was struck after watching parts of his testimony over and over yesterday that, you know, the people outside the courtroom can watch kyle rittenhouse's testimony over and over again. the jury sees it just one time. right? so with that in mind, what do
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you think today of the decision to put rittenhouse on the stand and what impact it will have? >> i think it was a smart decision. you know, the reason most defendants don't take the witness stand is they don't want to be -- they don't want to be cross-examined about prior criminal convictions or about false statements they made to law enforcement after they were arrested. kyle rittenhouse has no criminal record, and far from lying to police officers when he was -- when he went to the -- he actually turned himself in. so, you know, he had a story that was not one that could be effectively cross-examined. what's the outcome of this case? i don't know what it's going to be. but if i think the defense will regard itself as they took the risk of putting him on the stand because the cross-examination at least to me did not seem terribly effective. >> areva, one of the three
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people rittenhouse shot, the only survivor of being shot, spoke this morning to abc. i want to play for everyone his reaction to the moment of kyle rittenhouse breaking down. listen. >> to me it seemed like a child who got caught doing something he wasn't supposed to, more upset about being caught and less sup jet about what he had done and what he had taken and the numerous lives he affected through his actions that night. >> areva, what do you think of that? >> i agree. i wasn't moved at all by the emotional breakdown of kyle rittenhouse. obviously, jurors, those who may be inclined to be sympathetic may have found his emotional outburst to be authentic, but those with doubts why this teenager was there with a gun that he shouldn't have had, why he was patrolling when he wasn't a police officer and he wasn't a paramedic, i think weren't going
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to be very moved by his emot emotional breakdown. i don't know if i agree with jeffrey about the wisdom of putting him on. yes, he didn't have any criminal background, he wasn't cross-examine in a way that caused there to be serious doubts about prior statements he made, but i think for some he did not make a sympathetic witness. in fact, the prosecution was able to point out on numerous occasions he lied during that night about being a paramedic. he said he was rend rg aid, but he didn't render aid to the victim he shot even though we heard that victim crying out for medical help. i think there was some damaging testimony, and those jurors that don't see this as a case where kyle acted reasonably probably didn't find his testimony very persuasive or compelling. >> another person, as shimon noted, jeffrey, that people are keeping an eye on today, is the judge. he berated that prosecutor in court a couple of times yesterday. let me play one of those moments. >> don't get brazen with me.
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you knew very well, you know very well that an attorney can't go into these types of areas when the judge has already ruled without asking outside the presence of the jury to do so. so don't give me that. >> what do you think of the legal matters the judge was upset over? >> those of us who have been in courtrooms and those who are prosecutors know that judges often get angry at prosecutors. they don't want to throw out a case, but they do get mad at prosecutors. all of us have seen it. it tends not to have a great deal of influence on the outcome of cases, especially because as here the jury is not present, they don't see it. but there were two main outbursts. one was when he was angry at the prosecutor for appearing to comment on the silence of kyle rittenhouse after he was arrested. i thought that was a real error
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on the part of the prosecutor. you know, that's a basic right under the 5th amendment, the right to remain silent. you're not supposed to comment. the prosecutor later said he was referring to press interview, not statements to the police. i thought that was really out of line, what the prosecutor did. the other matter involved whether the cross-examination could include matters that the judge had ruled off-limits during the prosecution's case. there i thought the prosecutor was a little more in the right because, you know, once a defendant testifies, the usual rule is there is a wide scope for cross-examination. so i thought the prosecution had some justification there. but frankly, you know, that was a theatrical outburst, but i really do doubt it has much effect on the outcome of the case. >> areva, let's take it back to live inside the courtroom now and what they're going through. they're kind of in beginnings of
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this use of force expert. i was reading in pretrial, in a pretrial hearing, this use of force expert was used -- used videos and went kind of frame by frame trying to explain how quickly events unfolded. what does that mean? obviously, this is a defense witness. >> yeah. that's important, kate, because i think jurors are sitting there trying to figure out how is it that kyle rittenhouse was the only person that killed two people and wounded a third person where there were so many other people at that protest who were armed. there were veterans who temped in this trial who hemss were armed, yet they didn't fire their weapon. so the defense, i think, has real uphill battle trying to establish not the one shot -- the one person that was killed, mr. rosenbaum, but then the second person, anthony huber, and then the shooting of the third person. so this use of force expert is critical to the defense i think in trying to establish that things were happening so quickly that kyle had no choice but to fire his weapon in the way that he did.
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that's the argument that the defense has to make to justify their self-defense claim, and this use of force expert is there to help them do that. >> areva, thank you so much. jeffrey toobin, than you so much. we'll be standing by as we watch this -- as we watch what's happening in kenosha, wisconsin, and that trial. i want to get back over to washington right now as we have president biden, who is now approaching to take part in a wreath laying at the tomb of the unknown soldier. let's watch. >> present! >> present!
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>> arms! >> arms! ♪ ♪ ♪
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>> present! >> present! >> arms! [ drum beats ] [ "taps" is played ]
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>> the wreath-laying ceremony is
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now complete. the veterans day program will begin momentarily. please move to your seats. >> all right. as we saw just there, president biden taking part in laying a wreath at the tomb of the unknowns, the first soldier laid to rest there on november 11th, 1921, three years after the end of world war i. the program will continue. president biden will be making remarks to honor all of those who have served in our armed services on this veterans day. he's going to be speaking very shortly. when those remarks begin, we'll take you back to washington. we'll bet in a quick break. (vo) wildfires have reached historic levels. as fires keep raging, the need to replant trees keeps growing. so subaru is growing our commitment to protect the environment. in partnership with the national forest foundation, subaru and our retailers are proud to help replant 1 million trees
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another big story we are watching, another legal setback for former president donald trump. the same district court judge who declared trump is not president and plaintiffs are not kings, that same judge has denied his request to bide time and keep records secret having to do with january 6th and the investigation into the insurrection. this comes as sources are telling cnn the january 6th
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house panel now wants information from several members of mike pence's inner circle. cnn's kara scannell is live in washington with the details on this today for us. kara, what are you hearing about this? >> reporter: what sources have told our colleagues is that the house committee investigating january 6th have turned their focus to some of mike pence's inner circle. they're interested in possibly getting information from at least five people who are close to the former vice president. among them are a couple of key people here. there's greg jacob, the former chief counsel to pence, mike short the former chief of staff, and keith calack. the reason he is especially interesting is he was with the former president donald trump on january 6th, the day when mike pence was stranded in the capitol as it was under siege. all of these people interesting
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and informative for the committee. sources tell my colleague that some of these individuals might be willing to provide information, to submit for testimony, either voluntarily or through a friendly subpoena, you know, which is very different from how combative some of former president trump's allies have been. this all comes as we're waiting to see if the president goes to the appeals court or is successful in blocking the national archives from turning over key documents, kate. >> kara, in the meantime, the national archives is still on schedule to release those documents tomorrow, right? >> reporter: yeah, kate. this is a nail-biter. you know, the judge twice rejecting trump's arguments, he's 0-2. the question is does he goes to appeals court and ask them to temporarily block this while they hear his argument on the merits of the executive privilege claim. they haven't done that. the clock is ticking, it's a national holiday. the national archives has those records in hand and has revealed
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some. they could do this tomorrow unless it's blocked. let's turn to texas where a contractor hired to provide security for the astroworld concert says that he was so concerned by the training and staffing that he saw on site even before the concert started that he walked off the job. his name is darious williams. he tells cnn that it was clear to him that the staff at the festival were unprepared and overwhelmed. cnn's rosa flores joins me live once again in houston with the latest on the investigation into this horrific tragedy. rosa, what else did the security guard say? >> reporter: you know, kate, he just did not feel safe, and he was assigned to the gates, and he said that he had learned from social media that concertgoers were looking to pop the gates. take a listen. >> i had overheard some other people, you know, mentioning online and in person that there was a plan to storm the gates.
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i mentioned that to my superiors, but it seemed like it fell on deaf ears. >> so you mentioned that. you heard that online and mentioned it? >> i did. i'm just glad i trusted my instinct and that i listened to myself and left for day. i never would have imagined anything like that would have happened, but based on what i witnessed personally, i'm not surprised that an incident did occur. >> reporter: we know eight people died, two individuals are in the hospital in critical condition, and an unknown number of people were injured and/or are traumatized because of this event. that's the case of brian and jonathan espinosa. they talked to my colleague john berman on "new day" this morning, and brian says he can't sleep. he thought he was going to die. now, these brothers blame travel scott. take a listen. >> you guys are obviously travis scott fans. how much do you hold him
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responsible? >> completely responsible, sir. he had the biggest microphone out of everybody, and i just think it's crazy how poorly it was set up. >> reporter: now, the houston police department is the investigating agency. they say no independent investigation is warrante edwar. the harris county judge is pushing for an independent investigation. kate, travel scott's attorney is saying all officials are doing are finger-pointing and sending mixed messages. kate? >> rosa, thank you so much for your continues reporting. let's dive into that more. joining me thomas henry, an attorney representing more than 100 people who were at that concert. thanks for being here. i've seen that the number of people that you're representing has been growing quickly, like by the day. how many clients are you representing now? >> we currently will be adding
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150 people to the existing lawsuit. by the end of the day, we know that we've had a number of other people reach out to us. i think it will surge to 200 people. and i think in the coming days it will be hundreds more. >> hundreds more. >> yes. >> obviously, you can't tick all 200 of these people are, but can you give a sense of who your clients are here and what happened to them at the concert that is the basis of the lawsuits? >> well, you can see from the video where there were crushing injuries, people on top of each other, people suffocating, people with heart attacks, people with broken bones. one person had his eye poked in. multiple, multiple injuries, people that were unconscious that we think may experience some brain injuries, very concerned about that. so they were all in that crush
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zone. >> wow. you told my producers that your team is actually going to gain access to the site of the concert, that festival site, today and tomorrow. why is that important for you? what are you hoping to learn? >> well i think the site itself realistically has been videotaped from so many different angles that the inspection itself, although it's important, i think, that most everything we see from the event is caught on video. i think the inspections and restraining order are more along the linings of preserving all the communications, preserving all the video, and, you know, the empty site will be an empty site with structures. so that in and of itself, you know, is different than the night of the event. but we captured that information. that's pretty easy to capture. the more important information is the communication in and among all of the leadership that
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was patrolling that event. you have two directors -- we want to make sure those communications -- we're very concerned about that. >> mr. henry, than you so much for your time. i need to cut us off now and go back to washington, arlington national cemetery, where president biden is now taking to the stage to offer his remarks on this veterans day. >> ladies and gentlemen, please remain standing for the invocation given by the national director of chaplains service for department of veterans affairs. >> let us pray. almighty and loving god, we come before you this day to honor our
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nation's veterans, those men and women who have bravely given of themselves on behalf of all of us as a nation. throughout our nation's history, you, god, created and designed each of our nation's veterans with unique gifts, abilities, talents, and values, which would guide and direct them to a unified calling and mission, the defense of our nation's freedoms. and we are ever so grateful for those men and women who sacrificially chose to leave the comforts of family, friends, home, and security to use their god-given gifts and abilities for the most noble mission of the preservation of our nation. our nation's veterans have faced horrific challenges on land,
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sea, and air. and you, as our omnipresent and ever-abiding god, have strengthened and upheld our service members and veterans through their darkest hours. you are the god who sees, who sees and understands each of us. though humanly we do not know the names and diverse characteristics of all who have served, you, god, know. as the inscription on the tomb of the unknown reminds us, here rests in honored glory an american soldier known but to god. thank you for uniquely designing each of us, for knowing each of us, and for your everlasting care. as we honor our nation's
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veterans, may you, god, continually equip each of us to give of ourselves in a purposeful mission and calling which seeks to uphold and honor the well-being of our nation. in your holy name, we pray, amen. >> now i'd like to invite mr. alan paily, national commander, jewish war veterans of the united states of america, to lead us in our pledge of allegiance. >> i pledge allegiance to the flag of the united states of america and to the republic for which it stands, one nation, under god, indivisible, with liberty and justice for all.
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>> please be seated. it is now my distinct privilege to introduce the members of the veterans day national committee located in box seats throughout the amphitheater. the committee was formed by presidential order in 1954 to plan this annual observance in honor of america's veterans and to support veterans day observances throughout the nation. please hold your applause until i have introduced these special guests. if you're able, please stand when your name is called. mr. alan paily, national commander, jewish war veterans of the united states of america. mr. tom burke, national vice president, vietnam veterans of america. mr. matthew m. -- >> all right. as we're waiting now as the
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program continues, we wait to hear from the president himself, let me bring in mark hurtling for this. i'm so happy to have you on today. this is one of those -- always enjoy having you on, general, but this is one of those days i especially appreciate it. 37 years of service you've offered to this country and so many more. just your reflections on what this veterans day means. >> usually, kate, veterans day is a very happy event. it is a day very different from memorial day in may, but this is the day when we not only remember past veterans, the camaraderie, the memories as soldiers, sailors, marines, coast guardsmen and airmen, a day to reflect on what's gone on before us, but also enjoy our collegiality with fellow veterans. it started with the president has always given an address at the amphitheater.
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it usually starts with laying the wreath at the tomb of the unknowns as he did a little while ago. i'm sure the president is going to have some interesting words today because it's been a tough year for veterans. there have been the effects of covid on the force, on the active force. there has been certainly the withdrawal from afghanistan, the suicide rates unfortunately for veterans still high today. i think the president perhaps in his speech is going to give some good news about what he's doing with regard to burn pit and airborne disease and how he's tasked th eded the va to expand look on that, our generation's agent orange, as the vietnam veterans suffered from that kind of infliction. our generation has suffered from the burn pits and the airborne diseases from iraq and afghanistan. so all of these things are going to be part of today's ceremony. certainly the president is just a few months from the withdrawal
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from afghanistan that further divided our nation, attempting to end a 20-year war, but at the same time veterans certainly have mixed reaction to that withdrawal and the way it happened. so all of those things are on the mind on this november 11th, the day that is the 11th hour, the 11th day of the 11th month that started after the world war i armistice. >> as you noted, this is a different veterans day, right, general? this is the first since the withdrawal from afghanistan, the first this 20 years that the united states has not been in war in that country as we mark this together. what do you think -- what do you think the veterans of iraq and afghanistan but especially the veterans, those who served in afghanistan, what they would like to hear, what they need to hear from the president on this veterans day? >> well, i think the president has stated his strategic purpose in the withdrawal from afghanistan. it was a war that had gone on
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way too long. it was a war that truthfully -- i mean, we had -- my war as you know, kate, was iraq. i spent three tours there over 36 months. we had a saying then in iraq that i think applies to afghanistan as well, is that country needs to want it more than we do. and it was obvious toward the very end as the government fell and as the majority of the army of the afghan nation kind of dispersed because of the concern about the government falling, they didn't want a new birth as much as we wanted it and as much as we paid in blood and treasury and, in fact, in resources. so, you know, for those who have served multiple tours in afghanistan, it's painful. you know, when i left iraq for the last time in 2018, it was painful to see what happened in 2014 with an isis takeover, thinking that we had left the nation that was in very good shape with an army that was willing to fight.
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the same thing is true in afghanistan, but it's more raw right now because it only happened a few months ago and we're still trying to get many of the afghan allies out of that country. the president, truthfully, has received great praise for pulling out of afghanistan. many presidents before him wanted to but didn't conduct the operation. this one was -- it was unfortunately a little bit of a debacle at the beginning even though eventually they pulled out about 140,000 people from that country, but still there's a mixed reaction among the veterans committee. some are very glad that war is over, but some feel -- they ask themselves a question, what was it all for? which is something all war veterans ask themselves. whenever you come out of combat, even world war i and world war ii, was it worth it? tell me i'm a good man for doing what i did, because there is such a change in personalities for the soldiers as they experience war.
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my wife and i have, we have two sons and a daughter-in-law who served in combat, and the biggest thing we saw when they returned, something my wife didn't see in me because she had known me for such a long time, was a change in innocence from a young person that first goes off to sewar. we have an entire generation of volunteer who is served one tour but in some cases up to seven, eight, nine tours in afghanistan and iraq. it is a generation that's been affected by this combat significantly, and we're seeing that in the va and the veterans community. >> i sincerely our conversations every time, but especially on this day. general, please stick with me. we'll continue to monitor. we're waiting to hear from the president. this also is personal for him. his late son, beau, served. you know that -- i'm curious to hear his thoughts and how he relates his personal experience on this veterans day as well.
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big economic news, inflation at 30-year high with consumer prices of 6.2% since last october, and that is hitting americans very hard, especially at the grocery store. now just before thanksgiving, of course. the price of eggs up 12%. for beef, you're paying 20% more. bacon up also 20% higher than a year ago. fruits and vegetables up 3%. cereal up 3.5%. groceries for a family of four on average cost $674 a month a year ago. today it's $849 a month for that same family. cnn's vanessa yurkevich is live in des moines, iowa, with more on this.
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vanessa, add to hall of that, people are paying more for gas, for fuel, as well. >> reporter: absolutely. if you can see those prices behind me, over $3 a gallon here in des moines, iowa, up more than a dollar since last year. we spoke to one gentleman who said that he's actually been gas station price hopping. he went to one gas station, it was $3.40 a gallon. he decided testifies not going to pay that. he found one that was closer to $3 a gallon, and he felt more comfortable with that. also you mentioned, kate, the high prices in the grocery store. we spoke to one gentleman who said he was in the grocery store that day just to peruse the aisles, but once he realized prices war lot higher, he decided he needed to stock up. have you noticed in the last couple weeks, months, higher prices in the store? >> the meat and the -- like today, the bacon, that was pretty high. i've kind of seen it on the news a little bit, but, yeah, it's
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jumped up a few dollars. >> reporter: did that stop you from buying anything today? >> i thought i'd buy it and throw it in the freezer, to be totally honest with you. >> reporter: the biggest concern we're hearing here from iowa residents are these rising energy costs. mid-american energy, that's the largest power provider here in the state, says that residents here can expect to pay nearly double what they paid last year for energy just to heat their homes. and, kate, yes, you can price shop at the grocery store, maybe even here at the gas station, but it's really hard to cut costs on heat for homes. here in iowa, the winterings get very cold, and iowans are going to need that heat, that energy source to keep warm this winter. kate? >> absolutely. thank you so much. i really appreciate it, vanessa. so, inflation has become a top priority now for the white house. joining me is our cnn global economic analyst, a global business columnist and associate editor for the "financial times." president biden and his chief of
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staff, rana, they were out yesterday making the case that the bigger spending bill that is still being debated and negotiated in congress, they say that it is the best answer to bring down the cost of living, really, for americans at this point. when you tick through all the prices that have increased, listen to vanessa, the price of gas, the price of fuel, how immediate the need is, the white house says they're worried about inflation. he says it's going to do quite the opposite. >> ultimately, yes. if you think about what is causing inflation right now in food prices, everything from port delays and ingredients that are backed up, labor shortages,
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transportation, the energy costs that go into transportation so you can see that building more port capacity or increasing the capacity of rail roads, making highways better, helping labor to get better trained, all of these things will eventually help to drive down costs, but the truth is in the short term it actually could raise prices, and that's the rub for the white house, that some of this stuff is going to be inflationary in the sense that it is going to mean there will be building -- you'll need -- you'll need, you know, things to make those roads and bridges and train those people, so it's really aics inned bark and it's all about the time frame. >> absolutely. for months the biden administration, they have downplayed the fears that inflation was a long-term concern. i want to play for everyone just a reminder of that. >> my judgment right now is that the recent inflation that we've seen will be temporary. it's not something that's endemic. >> and by the way, talk of
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inflation, the overwhelming consensus it's going to pop up a little bit and then go back down. >> we do not have fears at this point related to persistent inflation. >> supply bottlenecks have developed that have caused inflation. i believe that they are transitory. >> rona, we're going have to jump, so sorry. we need to get over to kara skinnel from washington on what we were just talking about on president trump and the potential of him filing an appeal to keep those documents on january 6th secret. >> reporter: just moments after we were last speaking, the former president's attorneys did file their notice of appeal with the appeals court asking the appeals court to step in and issue a brief stay and a brief administrative injunction. they want to keep the status quo which is not to turn over documents and allow the appeals
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court to hear an an expedited schedule the arguments about executive privilege, the arguments that the lower court had rejected soundly. now, according to trump's lawyer's court filing, they have agreed with the house on an expedited briefing schedule where if the appellate court agrees to this it means all appeals would be heard next week and there would be a ruling expeditiously in the matter. this filing was made moments ago, yet to see any comments from the committee and we'll see if the appeals court will take this up. the trump lawyers are asking for an expedited brief administrative injunction for this to pause the release of the national documents to the house committee to allow them time to argue the case on the merits, the big constitutional questions about executive privilege. >> stick with me. i also want to bring in jeffrey toobin on this, because i want to understand this filing and what this means a little bit
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more. jeffrey, what's your reaction to -- what was expected for the appeal, and this is -- the filing for the appeal but this is important that it happened. >> well, the trump lawyers are really playing beat the clock here because the status quo, the legal status quo now is that the national archives is legally obligated to turn over these records starting tomorrow. now, i don't know if it's 9:00 a.m. or 5:00 p.m. that naturn out to be significant, but the status quo is the house won and trump lost. what trump is asking for in the appeals court is a stay, is basically -- an opportunity to stop the national archives from turning over these records tomorrow so that he can argue that the district court was wrong in ordering him to turn over the records. we don't know if they will grant that stay, but -- but that's the
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dilemma that the trump forces find themselves in. what's especially going to be interesting in this situation is which three-judge panel is designated to hear this issue because -- >> the judge really matters. who gets it it matters. >> it matters a great deal, particularly in the d.c. circuit, a deepry polarized court. search democratic appointeesin the court and four republican appointees and four senior judges who hear some cases who are republicans and how -- the judges don't like it when they -- when we put so much emphasis on which president appointed them, but in cases like this, it's an awfully good predictor of how they will come out on this issue, so we should know in the next four hours who the panel is who will be deciding the stay issue.
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>> we often say that legal proceedings move very slowly. we've seen that in many regards, but when it comes to something like this, they do know the deadline that they are up against, that the national archives is obligated to move forward in releasing these documents tomorrow if something doesn't happen. >> right, and that's why the trump forces are asking for what's called an administrative stay. an administrative stay is not a judgment on the merits that a stay is appropriate. an administrative state is simply a delay so that the arguments can be made. >> how long does an administrative stay last? is that kind of subjective? >> it's up to the court. it sounds like from carra's reporting they are basically asking until the beginning of next week which is not a very long administrative stay but once you grant an administrative stay it becomes easier to grant a substantive if they can get a
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briefing in time. an man administrative stay is delays so we can have time to have the markets be may. p. >> obviously we haven't seen the details yet. great job on your reporting, and i'm being told we now need to go back to arlington national cemetery. we'll continue to follow this breaking news on this legal matter, but let's go and focus in on this veterans day on president biden at arlington national cemetery making his remarks now. >> folks, being president of the united states you are affording many opportunities to try to express your love, commitment
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and admiration for the american people, and i must say to you that the single greatest honor i've been afforded as president is to stand before so many of you, those medal of honor winners out there and talk about veterans day and veterans. i want to welcome all the cabinet members and honored guests joining us today including the father of our secretary of state who served in the army air corps during world war 2, ambassador donald blinken whose birthday is today. happy birthday. [ applause ] >> thank you for your service to our country, and i just want to
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tell you i know you're a little younger than i am, but, you know, i've adopted the attitude of the great pitcher in the negro leagues who went on to become a great pitcher in the pros in major league baseball after jackie robinson. his name was satchel paige, and satchel paige on his 47th birthday pitched a win against chicago, and all the press went in and said, satch, it's amazing, 47 years old, no one has ever, ever pitched a win at age 47. how do you feel about being 47? he said, boys, that's not how do i look it? how do you look at it, satch? >> he said let's put it this way, how old would you be if you didn't know how old were you. >> i'm 50 years old, and the
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ambassador is 47. all kidding aside, mr. a thank you for your service during world war ii as well as your service as an ambassador. and thank you for raising such a fine man, tony blinken, our secretary of state. to you will a our veterans past and present we thank you, we honor you, and we remember always what you've done for us. i would like to recognize one of our national heroes who is here today, meddle of honor recipient mr. brian thacker. during the vietnam war then first lieutenant thacker put the fellow of his safety troops against his own providing cover fire for an attacking enemy and even calling in artillery fire on his own position so our forces had a better chance to withdraw. wounded, unable to leave the area, he evade the

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