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tv   New Day With John Berman and Brianna Keilar  CNN  November 18, 2021 2:59am-4:00am PST

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i'm brianna keilar alongside john berman on this "new day". the man who fatally shot ahmaud arbery felt he was in a life or death situation. what else his surprising testimony revealed. and it is day three of the kyle rittenhouse trial. paul gosar censured over what is being called a fantasy murder video. what he did minutes after this rare rebuke. liz cheney to ted cruz, a real man would defend his wife. how is he going to respond to that ? good morning to viewers here in the u.s. and around the
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world. it is thursday, november 18th. we begin with three major trials playing out simultaneously and captivating the nation. in kenosha, wisconsin, we're on day 3 of verdict watch. jurors spent their second day of deliberations reviewing video evidence, including one drone video that the defense claims is grounds for a mistrial. in brunswick, georgia, travis mcmichael, one of the three men accused in the killing of ahmaud arbery, testified in his own defense, giving his version of the moment he pulled the trigger. >> he had my gun. he struck me. it was obvious that he was -- it was obvious that he was attacking me, that if he would have gotten the shotgun from me, that it was a life or death situation. >> in charlottesville, virginia, jurors this morning will hear closing arguments in the unite the right civil trial. a federal lawsuit seeks to hold white nationalists accountable for the deadly violence that
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erupted during the two-day rally back in 2017. >> let's start with ahmaud arbery trial. elie honig, what we saw yesterday was fascinating. the defendant took the stand right away in the defense there. and one of the first things they did is travis mcmichael said he assumed that the man he saw on the video he saw in this surveillance video was ahmaud arbery. he assumed that arbery had committed some kind of a legal act. listen to this. >> the guy that has been breaking in, just ran down the road. something happened. i thought it was the same individual i saw on the 11th. i thought it was reasonably, okay, there's something to this. this guy may have just ran by. matt may have seen him, caught
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him stealing something. >> so what was the defense strategy there, and did it work? >> so the defendants have a fundamental problem in this case, which is this. why did they pursue ahmaud arbery? the prosecution theory is they saw this young black man jogging in the neighborhood and they set out to harm him. a georgia law, citizens arrest law. this is an old law from the civil war era, deeply racist roots. it was repealed earlier this year as a result of the ahmaud arbery killing. however, what i think we just saw there does not meet what the law requires. the law says you have to have witnessed a crime, have immediate knowledge of a crime or have a reasonable basis to say a felony occurred and say i saw this guy running, i thought i want was the same guy as the 11th. >> there was a lot of assume and may have, and that was from his own attorney. so that opens him up on cross. he talked about the moment that he pulled the trigger. listen.
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>> i shot him. >> why? >> he had my gun. he struck me. it was obvious that he was attacking me. that if he would have gotten the shotgun from me, that it was a life or death situation. >> why did the defense present this, and did it work? >> this is part two of the defense, which is after we went to try to citizens arrest ahmaud arbery, there was this struggle and travis mcmichael testified i had no choice and i was in danger. the key words, he had my gun. now, watch for this today. the prosecutor, she is going to pounce on that. when travis mcmichael spoke to the police shortly after this accident, he said it differently, in a very important way. they asked did he have your gun. and the response was back then, i'm not sure. i want to say he did. that is an enormous difference between he had my gun and i'm not sure, i want to say he did. so the prosecutor is going to
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jump all over that and use that to argue, a, travis mcmichael is not being truthful. b, his self-defense claim doesn't hold up here. . >> i think a lot of people who haven't gone to law school said, wait a second, they were chasing ahmaud arbery in a truck. what is he supposed to do? . >> right. this is the same provocation we are seeing in the rittenhouse trial. if you are the aggressor, you don't get to use self-defense except as a last resort. if you look at the totality, three on one, two trucks against one. a shotgun on one man, and unarmed man on the other. >> the citizens arrest, you highlighted that as something the defense is leaning on there. the prosecution in cross really focused on that. let's listen. . >> you just testified under oath that you are not going to chase or investigate someone who is armed. that's correct, right? .
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>> yes. >> all right. and not once during your direct examination did you state that your intention was to effectuate an arrest of mr. arbery until your attorney asked you that leading question, right? . >> yes. >> if you are pinning your whole arrest on citizens arrest, why didn't you say it was citizens arrest. . >> this is really effective cross-examination. the way they teach it is one fact per question, yes and no answers. the first question she gets travis mcmichael to admit he understood arbery was not armed. that's basic. the second, you came up with this after the fact rationale for what you did back then. those are two key points the prosecutor drove home. >> the defense spent a lot of time focusing on his coast guard
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training, that he learned how to use deadly force. the prosecution turned that around. . >> deadly force is only to be used as a last resort, correct? . >> that's correct. >> you were also trained never to point a firearm at someone unless you intended to use it; is that correct? . >> under certain situations -- yes. and under certain situations, it could be used as a deterrent. >> again, really effective cross-examination. travis mcmichael spent a ton of time on his direct examination talking about his coast guard training. she said you had training. you understood it was as good as using it. you were trained on de-escalation. if you take that and turn it back around on cross-examination, i think that's really important. that's going to go to this
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initial aggressor. . >> we will watch for it today. cross-examination begins at 9:00. elie honig, thank you very much. . >> thank you, john. global human rights of the drum major institute martin luther king iii. thank you so much for being with us today. i wonder what you think as you have been watching this about travis mcmichael claiming self-defense here. >> well, first of all, you know, i'm not in the courtroom to see. i see what is reported. but what has been reported, i don't really understand the concept of that when you are chasing someone as he did. . >> he's saying that he reached for his gun. of course we know there were a number of events ahead of time where ahmaud arbery all along was not armed. does that make a difference to
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you as you listen to this claim of self-defense? . >> well, i guess my position -- and, again, this has got to be decided by the jury. and none of us should be attempting to actually, you know, create what a jury has got to do. it's crystal clear to me that this man was hunted down and basically murdered. and there's a lot of evidence that shows what the, you know, person is saying, the guy who did the shooting, is not necessarily consistent. nothing is an open-shut case. and at the end of the day, it is my hope that the jury renders a guilty verdict. i mean, for all the gentleman because they are all involved in some way. . >> one of the defense attorneys in the case again moved for a mistrial citing the presence of
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reverend jesse jackson in the courtroom. let's listen to that. >> if we're going to start a precedent starting yesterday, we will bring high-profile members of the african-american community to sit in the courtroom in the presence of the jury, i believe that's intimidating and an attempt to pressure, could be, consciously or unconsciously, an attempt to pressure the jury. we don't want any more black pastors in here or whoever, jesse jackson, sitting with the victim's family trying to influence a jury in this case. if a bunch of folks came in here dressed like colonel sanders with white masks sitting in the back --. >> what did you think of b that, sir? . >> well, first of all, you should never -- he didn't say pastors. he said black pastors and cited reverend jesse jackson. african-american pastors have a history of being supportive of the family.
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in fact, many pastors are coming to the courthouse today to have a prayer vigil. but basically it is to support this family. this is a tragedy. i said yesterday i certainly understand what the family is going through, losing a father what i was 10 years old and grandmother at 16, both assassinated. but that is traditional in the african-american community. >> you mentioned you will be there for the prayer vigil. it is being called the wall of prayer. it will happen in front of the glynn county courthouse today. it will be you, it will be many, many pastors, the arbery family. what's the message that you are hoping to relay? . >> the message is that -- the hope is that the jury will do the right thing. first of all, the message is lifting up this family. you cannot lose sight of that. this is really about support.
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this family knowing they are being attacked by some of the things that have been said from what i understand in the court. and so pastors decided, reverend sharpton being the leader of all the individuals that are coming. and of course the attorneys are involved. mr. crump and mr. merrick. but the message is we want justice to occur in this case. and really justice for all cases, but certainly this is what we're focused on right now. . >> we, sir, appreciate you being with us ahead of this important day. martin luther king iii, thank you so much. . >> thank you. up next, a mistrial over a drone video? that is what the defense wants and what jurors in the kyle rittenhouse trial are now weighing. plus, republican congressman paul gosar stripped of his committee assignments. his defiant reaction.
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♪if my heart won't behave in the usual way♪ experience the power of sanctuary at the lincoln wish list event. in just a few hours, jurors return for a third day of deliberations in the kyle rittenhouse homicide trial. they asked to review a series of videos yesterday, including one that led defense lawyers to ask for a mistrial. shimon prokupecz in kenosha, wisconsin. the jury certainly seems very interested. >> reporter: they are very interested. 14 hours already, john, of deliberations. we don't hear much from the jury. yesterday they sent one note requesting to see more video. significant for the prosecution because this is drone video, video they used to show that kyle rittenhouse was the
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aggressor here. this video they say shows him pointing the gun at protesters that set off this chain of events. interestingly, the defense attorneys argued against this video during the trial because they say the prosecution enhanced this video. they didn't offer it to them in an enhanced version. they never received it. yesterday, as you mentioned, they ask for this mistrial. this is the third time they have asked for a mistrial. there is still the other mistrial pending, a mistrial they asked that the judge dismiss the case with prejudice over a -- during cross-examination over questioning by the prosecutor. so all of that is still pending as the jury continues to deliberate. as you say, they'll be back here this morning, and we'll see. really interesting to watch this jury. they came in yesterday. before they left for the day, they seemed fine. no one seemed agitated. one of the jurors made a joke
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with the judge. the judge sent them home. they will be back this morning. john. >> shimon prokupecz. thank you. >> let's bring senior legal analyst elie honig. why do you think the jury wanted to see these? . >> these are crucial videos, brianna. it's important that -- i think they're looking at the most important pieces of evidence in the case, which is the frame by frame of the first shooting of joseph rosenbaum. the question is was this legal force? was he reasonably in fear of his life or great bodily injury. they are looking at the most important evidence, the video itself. however this verdict comes out, i think it tells us they are going about this in a methodical, fairway. ultimately, the video will determine how this case comes out. they tell the story frame by frame of the key interactions here. . >> you're confident they're doing the work, this is
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interesting. they are looking at the right things here. the defense called for a mistrial. they asked for a mistrial again. they said the prosecution didn't give a clear enough drone video. can you explain that moment to us? . >> this was a mistake by the prosecutors. prosecutors have an obligation in our system to turn over all the evidence in advance to the defendants. we do not do trial by surprise in this country. now, there's going to be two questions that decide whether this was serious enough to merit a mistrial. i don't think it will be. first of all, was this intentional or unintentional? they said yesterday in court it was unintentional. that is really important. is there difference between the clear video and blurry video, is it significant enough to the defense? the defense lawyer will be able to point out you can see this in the video in one video and not the other and that would have made a difference to your
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defense strategy. i think it will get chalked up as a mistake by the prosecution but not a mistrial. coming up, republican congressman paul gosar censured. bill maher making a prediction about donald trump. . >> trust me, he's going to run. absolutely. he's going to get the nomination. and i certainly wouldn't be surprised if he just won the election. ♪ it wasn't me by shaggy ♪ you're never responsible for unauthorized purchases on your discover card.
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$1 billion so millions more students, past... and present, can continue to get the tools they need to build a future of unlimited possibilities. the house voted to censure paul gosar after he posted a video that showed him killing
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alexandria ocasio-cortez. two republicans, cheney and kinzinger voted in favor of the censure after heated debate. . >> what is so hard about saying that this is wrong? this is not about me. this is not about representative gosar. but this is about what we are willing to accept. . >> there is no threat in the cartoon other than the threat to what immigration poses to our country. . >> our work here matters. our example matters. there is meaning in our service. and as leaders in this country when we in cite violence with depictions against our colleagues, that trickles down into violence in this country. >> for democrats, this vote
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isn't about a video, it's about control. >> this is about this incident of a member using whatever medium you want to say on the public dime threatening and showing the killing of a member of this house. can't that appall you, even that act? do you have no shame? >> today we're critiquing paul gosar's anime. next week we might be indicting the wiley e. coyote for an explosive ordinance against the road runner. >> the resolution on the floor today is about accountability. >> here we go again, censoring speech. our right to speak, talk, to communicate, and they are going after that today because they don't like freedom. . >> joining me now cnn political commentator s.e. cupp. what did we learn about the republicans in the house? .
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>> that almost all of them are willing to stand up and vote in defense of a video attacking another member of congress. and i think the big takeaway here is that this will probably end in real violence. i know that because when donald trump and republicans go ahead and in cite violence, it ends in violence. we saw that on january 6th. we have seen that in the death threats in people like fred upton and others. for health officials for enforcing mask mandates. election officials for refusing to certify donald trump. we have seen the violence. we have seen the death threats. this will end badly. and republicans will have blood on their hands. >> why only two then? . >> because there is no punishment for this sort of behavior. republicans know that kevin mccarthy is not going to discipline them for this terrible, indefensible behave. why? because he wants to be speaker.
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it's that craven and gross, but it's not complicated. >> no. and gosar retweeted a tweet with the video in it. it's not like it stopped anything. . >> no. >> what about the argument -- don bacon voted against censure but is more moderate republican. he said, look, what's going to happen if republicans take power next year, which could very well happen, democrats will get censured left, right and center here. i asked khaoeu burn and he said we hope they take it on a case by case and responsibly. >> john, i look forward to the day when i'm sitting with you in 2022 or 23rd, because my contract has been renewed, they are seeing good for thee but not for me.
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because all the arguments republicans made about free speech and process and that a waste of time, we should be doing more important things, will fall away when they get power again. >> i want to talk about liz cheney and ted cruz. by the way, did vote for censure there. >> she did. . >> she voted for censure, not ted cruz. she accused him of having trump derangement syndrome. this is how she responded. >> ted used to say he was a constitutional conservative. but now he is like so desperate for political approval he will even advocate, succession. and i think a real man would be defending his right and his father and the constitution. >> of course donald trump smeared his wife during the 2016 campaign and suggested his
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father was involved in the kennedy assassination. what happened there? . >> listen, liz cheney is doing great at sort of clapping back at these guys. i wish this wasn't where we're at. they're coming for liz cheney in below-the-beltways. i saw sean hannity the other night saying she was just up on her high horse. meaning defending democracy. meanwhile, ted cruz, well, she's in the streets doing the real work. sesame street, by the way. fighting big bird. this is where the party is at. liz cheney is up on the high horse and ted cruz doing the real work, fighting big bird. >> bill maher was on with chris last night. >> i saw the whole hour. . >> and more or less everything you've just said, right, bill maher says even with all that, this is still going to happen
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for donald trump. let's listen. >> the republican party, as much as i keep hearing about, oh, trump, he's not as relevant anymore. trust me, he's going to run. absolutely. he's going to get the nomination. and i certainly wouldn't be surprised if he just won the election. but even if he doesn't win the election, he will say he won the election. there is no doubt that he will say he won. >> well, here's where you misspoke. you said even with all that, maybe trump -- no. because of all that. it's because of everything that republicans have done to condition this environment, making nothing matter, lowering the bar, forgetting about things about things that you and i care about but no one else does. that's why they will get power again. that's why donald trump will 100% have another shot at destroying and dismantling democracy.
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>> s.e.cupp. thanks for coming in. >> i slept here. so it's fine. a remarkable economic recovery is under way. christine romans has the numbers. plus, the whereabouts of a top chinese tennis star still unknown. why an email is raising concerns about her safety. and a significant sentencing for the qanon shaman. you will recognize him. he stormed the capitol january 6th. how much time he got and why some critics say it's too harsh.
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people absolutely feel this. but a broader look at the economy shows a remarkable recovery under way after an unprecedented global pandemic crash. cnn's chief business correspondent christine romans here to explain what's happening. >> good morning. an important gut check on the economy. america's factories are humming. consumers are shopping. and paychecks are fatter. let me show you here. first, manufacturing. u.s. industrial output is racing ahead at nearly two-year high, back above prepandemic levels. auto manufacturing bouncing back. factory output would be stronger if not for the hiccups in the global supply chain. big companies are managing well the supply chain woes and passing the cost onto their customers and padding profit margins along the way. the biggest companies have fatter profit margins today than before the pandemic. and your retirement account is where you can see that.
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look at stocks. the dow up 17% this year. nasdaq and s&p up nearly 25%. step back a little further. since the market crashed in 2020, some stock averages have almost doubled. okay. amid all of this, workers have the upper hand. no question. you have heard it call the great resignation. americans are quitting their jobs for better jobs with better pay. 4.4 million last month alone jumping ship for a better job. it's been happening for months. after decades of sluggish growth, paychecks are fatter. wage growth now 5% almost. and it shows in americans' savings. john, thanks to higher paid, covid stimulus and child tax credits, americans have $2.3 trillion in excess savings since the crisis began. jpmorgan said its median checking account 50% higher than this time in 2017. the government revising the
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number of jobs added this summer. 626,000 more jobs than the government originally reported. call it the covid economy contradiction, right. inflation concerns hog all the headlines. but most other indicators are roaring ahead. consumer sentiment don't reflect the strong economy. two reasons here. americans are exhausted by the pandemic. and they are bombarded daily with higher prices at the grocery store and gas station. everybody drives and eats. not everybody has stocks. later this morning, jobless claims will be reported. i'm expecting the numbers are back to prepandemic levels, normal levels of layoffs now, john. >> that's really interesting to see. it is a contradiction. christine romans, thank you very much. >> you're welcome. much needed relief is on the way for thousands of military families struggling to make ends meet. the pentagon is pumping money into new housing allowances and
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food security as accelerating inflation may be putting service families in those categories. oren liebermann is live at the pentagon with more. it affects so many military families and americans who are realizing it are just astounded to find out this news. >> reporter: absolutely. you would think the military is able to fully support all enlisted and officers. when it comes to lower ranking enlisted, in tough times, it can be incredibly difficult on them. it's not just one single problem with a simple solution. first, they may not know what financial resources are available. second, perhaps facing financial difficulties for the first time, they may not be ready or willing to seek help. that's where the department of defense is trying to step in and ease the burden a little bit. it was hard enough when rachel sabo's husband was deployed during the pandemic. and she lost her job when she
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was pregnant with her now 11-month-old son. >> i think people who haven't gone through this don't know how hard it is. >> reporter: szabo turned to military food pantries which helped make ends meet until she returned to work approximate her enlisted husband received a promotion. . >> everyone needs help at some point in their lives. >> reporter: lloyd austin said more help is on its way. in addition to an increase in allowances, active duty troops will get financial education and better resources. >> our men and women have enough to worry about. basic necessities like food and housing shouldn't be among them. >> reporter: the steepest rise in decades has pushed the cost of food, fuel, and housing even higher all during the covid-19 pandemic. unemployment worsened and affordable child care for
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military families became harder to find. . >> i think covid really was that point. we saw an increase in the demand for food at most of our locations by as much as 400%. again, i tie that back to spouse unemployment and child care. >> reporter: as many as 125,000 active duty members struggle with food insecurity. shannon, director of the military family advisory network, said their events draw thousands of families across the cup, especially in high-priced areas. >> they're going through and coming out relieved. we have had families tell us thank you so much. i didn't know what i was going to feed my kids tonight. >> reporter: as costs keep rising, shoppers are paying over 5% more for groceries than just a year ago, which concerns advocates who worry members of the military experiencing financial hardship may not seek the help they need. there are of course military families all around the country
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and all around the world for that matter. this is felt sharpest with high prices. for example, fort bragg, north carolina, norfolk, virginia, lewis mccord near seattle. these are areas with very high military populations. >> this is why we talk about military spouse pandemic. it was depression levels before the pandemic. it got even worse, as you mentioned in your report. they want to be employed. they're qualified. but it is hard when you move over two to three years. now we're seeing why it matters. >> very much so. that's one of the steps the secretary of defense, trying to extend tours at bases to make sure military spouses can find work and keep it. >> it is essential. thank you so much for doing this story. i know so many people are paying attention to it. >> coming up, two men found guilty in the malcolm x assassination expected to have their convictions thrown out. what took so long and what we are now learning about the
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56 years later, some major questions this morning over who killed malcolm x despite the convictions of three men related
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to his assassination in 1965. we are now learning who was not involved in the murder of one of america's most prominent black leaders. aziz and isla. after spending decades behind bars, a 22-month investigation by manhattan investigator cy vance. a historian and activist who spent 30 years investigating the story of malcolm x. if you see "who killed malcolm x," you will certainly recognize him from this. thank you so much for being with us this morning. these two men were convicted decades ago. one of them died in 2009. most people involved in this case are dead. so what does this exoneration now mean? >> well, i think in the first instance, it correct the historical record, which is very important. there's always been a shadow or
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cloud cast over this case. and we, unlike the other political assassinations of the 1960s, we never got closure on the assassination of malcolm x. this conviction, 55 years ago, was never accepted in the african-american community. because we knew they had incarcerated two men who were not involved in it. >> will there be any rest restitution? is this just a matter of correcting the record, or is there going to be restitution in the case of islam who passed away. >> i imagine he will file some type of lawsuit, you know, forest tuition. but how can you restore to a man 20 years of his life and a complete boycott from his family for the stigma -- bearing the
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stigma of being an assassin of malcolm x. . >> tell me what he's been through. >> oh, it's been terrible. first of all, he served hard time. you know, many of those years in solitary confinement. he watched his marriage dissolve. he had about five or six children who he completely lost touch with, and his grandchildren and great grandchildren. he is a very solitary man who tries to bear his pain with dignity. and he didn't even believe this day would ever come. >> is he hopeful? he's up in years. but is he hopeful that he might reclaim some relationships? >> he's in good health. we expect he will be able to live out the rest of his life with the comfort of knowing that his name and his legacy has been cleared. >> had how does this news change the legacy of malcolm x and the nation of islam?
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>> well, the legacy of malcolm x is secure. he's an icon. he's a hero to millions of activists, the world over. there is even a stamp in iran that bears the image of malcolm x. he is an iconic figure whose place in american history is secure. but i think this is an opportunity for us to interrogate the government. because, okay, if we are exonerating him, these two men, then the next question is what kind of prosecutorial misconduct was involved here that led to this injustice, number one. and, number two, just how deep, how deeply involved was the counterintelligence program of j. edgar hoover infiltrating black organizations, creating mayhem, division and all types of chaos to destroy the rise of
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what he called a black messiah. so there was a lot of destruction and havoc that was wrought during those years. and the united states government has to come clean on this. >> do you think we will ever know who really killed malcolm x? . >> well, we know who fired the weapons. we know who carried it out. we're pretty clear about that. but the broader conspiracy, that's what we hope to drill down here with the new evidence that's been ascertained by the district attorney in new york. . >> i really appreciate you joining us. it's not often you see something like this happen so many years later. thank you. >> the pleasure is all mine. thank you. here in a few hours steve bannon is expected to plead not guilty to contempt of congress charges. and the "rust" script supervisor pointing the finger at alec baldwin.
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the east coast bracing for the possibility of a huge storm that could potentially turn thanksgiving travel plans into a
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nightmare. let's get to meteorologist chad myers. what's going on here? >> it's always that timing, isn't it? right on time. big wind event moving through chicago, all the way to the northeast over the beginning of the travel season. that would be sunday, monday, tuesday. this weather is brought to you by servpro. the number one choice in cleanup and restoration. so let's get to it. the storm begins in chicago on really saturday into sunday. but what you're going to notice about this, yes, it's going to rain but it will be windy. the winds will gust 40 to 50. i don't care what the pilot says, keep the seat belt fastened for the entire flight. it will be bumpy across the midwest. you still need to keep it on. east to west flights are going to be holding onto the seats, i think. be careful out there. we are going to see the storm eventually move on by. it will be a big event for the northeast. but it is a wind event. today there is rain coming
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across parts of the midwest. not too many people traveling today. this is the area that will move on by and cool our temperatures down from the 70s all the way down into the 50s. lunar eclipse tonight, john, 4:00 a.m. you'll be up, i know. so will i. if you are going to be out there, here's what the clouds will be. northeast looking cloudy. all of canada as well. the northwest looks great for the big lunar eclipse. . >> any time there is an eclipse my phone is on speed dial to bonnie tyler. chad myers, thank you very much. good morning to our viewers in the united states and all around the world. it is thursday, november 10th. trial watch on three major cases. in kenosha, wisconsin, day 3 of deliberations in the kyle rittenhouse trial. jurors reviewed drone video. travis mcmichael, one of the three men accused in the killing of ahmaud arbery testified i


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