Skip to main content

tv   The Story With Martha Mac Callum  FOX News  November 18, 2021 12:00pm-1:00pm PST

12:00 pm
>> sandra: that's it for us. i'm sandra smith. >> john: great to be with you. i'm john roberts. "the story" starts now. >> martha: good afternoon, everybody. i'm martha maccallum in new york. we expect some new developments here at any moments. two very big stories that we are keeping a close eye on right now. of course, you have the rittenhouse trial, the jury behind closed doors at this hour. they continue to deliberate. deep in to day three now. they have at least a couple more hours of today, if they choose to take that time and wrap up at 5:00. if they ask the judge if they can go longer, if they're getting close. our experting will weigh-in on
12:01 pm
how they read what is going on between the judge and the defense attorneys with regard to a potential mistrial. on the other side, the man that admit he shot and killed ahmaud arbery is back on the stand today. travis mcmichael claims that he fired because it was a matter of life and death in his words. the prosecutor countering today on cross examination that the unarmed man was not a threat to mr. mcmichael. that's where she's going as she continues her cross today. steve harrigan reporting live from the courthouse in brunswick, georgia. hi, steve. >> martha, several hundred protesters in front of the courthouse. they marched through the town of 15,000 their voices heard. among them, a number of black pastors. one of the defense attorneys objected to the presence of black pastors inside the
12:02 pm
courtroom. so several hundred have arrived to show support for the arbery family. it's been two days about travis mcmichael. his own attorneys tried to show that he was operating in self-defense. there was a struggle for his shotgun. he fired to save his own life. that was attempted to be dismantled by the prosecutor today. one side, arbery, 25 years old, be in shorts, a t-shirt, jogging, empty hands. the other side, two pickups, three men inside. one of them, mcmichaels, father and son. both armed. one with a shotgun, the other with a pistol threatening to blow arbery's head off if he didn't stop immediately. the prosecutor asked mcmichael, when the odds are stacked like this, how can you say arbery was the aggressor. >> this man spent five minutes running from you. how would he want to continue to
12:03 pm
engage with you, someone with a shotgun and your father, a man that just stop or i'll blow your [bleep] head off by trying to get in the truck? >> that's what it shows, yes, ma'am. >> the man in the second truck used his cell phone to film the last moments of this conflict. the prosecutor went through the movements step by step to show not only was 911 never called before they got their weapons and chased arbery but arbery tried to escape a number of times, tried to run away and repeatedly pinned in by those two pickup trucks. back to you. >> martha: thanks, steve. let's bring in our legal panel, leo terrell and brian claypool. good to have you here today. we knew this cross examination would get interesting. we have a defendant taking the stand in his own defense.
12:04 pm
telling his side of the story, this is an interesting exchange. the prosecution makes an argument that travis mcmichael had an opportunity to deescalate this. watch this. >> three times he demonstrated to you that he doesn't want to talk to you, correct? >> yes. >> he demonstrated he's not a threat to you. he doesn't pull out a gun or said a word to you. >> he has not. >> he's not threatened you in any way. >> no, ma'am. >> martha: seems how that would land on the jury. well-laid out by the prosecution. >> yeah, i watched the whole thing, martha. the prosecution did an excellent job. this was a mistake for this man to take the witness stand. not only was arbery not a threat because he was trying to avoid mcmichaels, but he was basically trying to get away from him. the provocation was the showing of the two guns. it's unreasonable for him to assume that arbery was a threat. here's the other part i found
12:05 pm
disturbing. the defendant kept claiming what he told the police a couple hours later that he didn't know what he was talking about. just imagine giving a statement and trying to retract it in front of a jury. i think this defendant made a tactical mistake in testifying because he basically impeached himself by impeaching his own statements that he gave to the police department two hours later. >> martha: brian, leo touches on something interesting here. because in the initial stages after this killing, mr. mcmichael didn't have to make that statement to the police right away. they told him you can have an attorney by yourself and we're going to get the statement one way or the other. he said he wanted to share with them right away what had happened when they took him in to custody or he was with them when he started to tell them the story. yesterday when he testified on his own behalf, he amended a lot of what he said in that original
12:06 pm
statement. so now he has two different statements out there that this prosecution can use to, you know, drive life through. listen to this part. >> this is the most dramatic event i've been through in my life. trying to go through, trying to be as factual and detailed as i could. look at the transcript and being scattered. i could tell that. obviously i failed attempting to try the best i could. >> martha: brian? >> martha, one of the biggest reasons why you don't put a defendant on a stand in a criminal trial is the risk of an inconsistency that the defendant has given to investigators. that's exactly what happened here. so in closing argument, the prosecutor will get up and say, you can't believe anything that the mcmichaels told you. he can't get it straight. he told investigators one thing. he's telling you another thing.
12:07 pm
it scattered everywhere that will impeach. it's called impeachment evidence on mcmichael. the most colossal piece of evidence that came from mcmichael is how casually he said hey, yeah, i see this guy walking on the street. i think i saw him 11 days prior. but no, i didn't see him commit any crime and i didn't think he committed a crime but i was going to chase after him anyway. clearly a lack of probable cause to chase after ahmaud arbery. >> martha: leo, we'll come back to you with the right house trial but endless opportunities to get out of this situation for travis mcmichael it would appear. >> you're absolutely right, martha. he had several opportunities because arbery ran away. if you listen -- today i was watching it. his social media posts, the prosecutor went a step further and established the fact that mcmichael is a vigilante.
12:08 pm
he didn't care about going to jail, that he was going to clean up the town. she added the other element of him being a vigilante and pursued arbery. he looked horrible today. >> martha: fascinating to see the differences of these two cases that we're watching unfold. the rittenhouse case obviously the other way. both men claiming that they acted in self-defense, that they were worried for their lives and the jury is deliberating the rittenhouse case right now. we'll talk about that in just a moment. thanks for sticking around. they'll be back with us in a couple moment. chris christie is here today. a tough round of questions for president biden's soviet born pick for a financial regulator. you can see her picture in that photograph that is on screen from her days as a young woman back in the soviet union. we'll talk about what's going on there when we get back. >> this is america. but i don't mean any disrespect. i want to know whether to call
12:09 pm
you professor or comrad. people everywhere living with type 2 diabetes are waking up to what's possible with rybelsus®. ♪ you are my sunshine ♪ ♪ my only sunshine... ♪ rybelsus® is a pill that lowers blood sugar in three ways. increases insulin when you need it... decreases sugar... and slows food. the majority of people taking rybelsus® lowered their blood sugar and reached an a1c of less than 7. rybelsus® isn't for people with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea
12:10 pm
may lead to dehydration, which may worsen kidney problems. wake up to what's possible with rybelsus®. ♪ please don't take my sunshine away ♪ you may pay as little as $10 per prescription. ask your healthcare provider about rybelsus® today. ♪ limu emu... & doug ♪ ♪ superpowers from a spider bite? i could use some help showing the world how liberty mutual customizes their car insurance so they only pay for what they need. (gasps) ♪ did it work? only pay for what you need ♪ liberty. liberty. liberty. liberty. ♪ spider-man no way home in theaters december 17th as i observe investors balance risk and reward, ♪ liberty. liberty. liberty. liberty. ♪ i see one element securing portfolios, time after time.
12:11 pm
gold. your strategic advantage.
12:12 pm
12:13 pm
>> martha: we could see the vote on the $2 trillion spending plan. the cbo office is expected to release their estimate of how much this bill really cost and whether or not the pay-fors will be balanced against that, whether or not they're actually there. so moderate democrats say they're not ready to support this bill until they get that report. joe manchin said he's waiting to see what the cbo score is before he can make up his mind about the so-called bbb social spending bill. we'll keep you posted. also rights now, breaking on capitol hill, tough questions for the president's nominee to oversee the federal banking
12:14 pm
system. saule omarova was born in the soviet union. you can see her in this photo from moscow state university. she wrote a paper on marxism. she does not support those ideas. senator grilled her on her comments on the banking system she would be overseeing and her take on oil and gas companies in the united states and their future and what that should be. john cornyn of texas weighs in. first, aishah hasnie live on capitol hill. hi, aishah. >> hi, martha. yeah, omarova's recent comments that really ruffling feathers on both sides of the aisle. she backtracked on one of them. she was caught on camera calling the coal, oil and gas industry as "troubled" adding that we want them to go bankrupt to
12:15 pm
tackle climate change. john tester, democrat, confronted her about those comments today. watch. >> do you see how risky it is to make that statement? >> i misspoke. that was not well-framed. my intention was saying the opposite, that we need to help those companies to get restructured. >> also in question, her education in moscow and that really set off fireworks between senator kennedy and chairman brown. >> she renounced her soviet citizenship. >> i understand that. but you're not the witness. she is. i'm entitled to ask my questions -- >> and you were. >> i didn't interrupt you when you gave your introduction. >> the white house is really hoping that her work with the treasury department under former president george w. bush will convince the moderates in the senate. a 50/50 senate, it takes one to sink her nomination and before the hearing even started, senator tester, his office said he did have serious concerns about her past comments.
12:16 pm
we're trying to find out right now how he feels now that the hearing is over. martha. >> martha: thanks, aishah. let's bring in john cornyn of texas. senator cornyn, good to have you with us. >> thank you. >> what is your take on this nominee? >> well, you know, this is one of -- another one of president biden's radical nominees. the problem is, more that, during these confirmation proceedings, you don't know what the truth is because many of them express a confirmation conversion and expression opposite views from those that they have advocated in the past. i have serious concerns about trying to bankrupt oil and gas companies. gas prices are high enough already as a result of inflation and the policies of this administration. we don't need to make them worse. that seems to be the direction in which the administration is headed. >> martha: i guess it does based on their own comments and i
12:17 pm
remember president obama talked about eventually you want those kinds of fuel technologies to disappear and you want them to be replaced by green energy down the road. senator elizabeth warren came to her defense today. here's what she said. i want your take on it. >> the attacks on your nomination have been vicious and personal. we've just seen them. racism and marxism is out of the red scare tactics. it's all there on full display. welcome to washington in 2021. >> martha: what would you say to senator warren? were there racist and suggestions in the questioning today, senator? >> it's the last refuge of people that don't have an argument on the merits, is to call them names and try to scare them. i thought senator toomey and others did a very good job of asking the professor about
12:18 pm
things she's written and said in the past. there's no real dispute about that. of course, she tried to put a very benign spin on that. i think it's very troubling that the idea that you're going to nationalize all banks, eliminate community banks and credit unions, you're going to bankrupt american industries that provide jobs to hundreds of thousands of american citizens is deeply troubling. i think the nominee needs to be stopped. >> martha: she wrote that not long ago in the vanderbilt law review, wanting to redefine the central bank as the ultimate platform for generating and modulating economic resources in a democratic economy. i want to ask you questions as we wait for this cbo score, senator and how you think it will go. what is your outlook for when the house will pass this and your opportunity to vote? >> my guess is that speaker pelosi is going to jam through
12:19 pm
this reckless tax and spending bill. somehow she will get the moderates in the house to justify their vote based on the passage of the bipartisan infrastructure bill just last week or so. but this is going to run into a real problem in the senate because of the senate rules, which limit some of the things that can be considered on the budget bill. for example, immigration cannot be. it will have a hard time getting past senator sinema and senator manchin. >> martha: thanks, senator cornyn. thanks very much. good to see you today. >> thank you. >> martha: breaking a short time ago, president biden speaking to reporters saying the united states may not send any government officials to the winter olympic games in beijing next february calling it a diplomatic boycott. what is that? >> sir, do you support a
12:20 pm
diplomatic boycott of the beijing olympics? >> something we're considering. >> the white house says the olympics didn't come up in the 3 1/2 hour virtual meeting with china's president chi jinping earlier this week. human rights activists have called for a full boycott, even the athletes in response to china's persecution of uighur muslims and other issues in china. so coming up, former new jersey governor chris christie on the one issue that could fuel a red wave in washington next year. we'll get his thoughts on that and a couple other things when we come back. t move when you bought your home. now make another one and turn your equity into cash with your va home loan benefit. the newday 100 va loan lets you borrow 100% of your home's value. remodel the kitchen, consolidate debt, pay off big bills or save for retirement. newday is holding the line on rates. with today's high home values, turning equity into cash is a really smart move.
12:21 pm
ray loves vacations. but his diabetes never seemed to take one. everything felt like a 'no'. everything. but then ray went from no to know. with freestyle libre 2, now he knows his glucose levels when he needs to. and... when he wants to. so ray... can be ray. take the mystery out of your glucose levels, and lower your a1c. now you know. try it for free. visit
12:22 pm
12:23 pm
new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit and get started today.
12:24 pm
this is a va mortgage rate watch from newday usa. whose resumes on indeed match your job criteria. rates are starting to climb, but newday is holding the line at two and a quarter percent, 2.48 apr. refi now and save thousands a year >> martha: a lot of polls out lately. this brand new one is good news for republicans. tough news for democrats at this stage of the game. more americans say they want republicans to control both chambers of congress at 46% for the house and senate. virginia's new republican
12:25 pm
governor says youngkin says education is key and republicans should own this topic. chris christie joins me now, author of "republican rescue" saving the party from truth deniers. thanks nor being here today. >> thanks for having me. >> martha: i want to look at this poll. this quinnipiac poll is positive for republicans as you look towards the mid-term elections. one of the questions for republicans when they look at these polls is what do you think -- do you think the party is getting ahead of itself with the assumptions how many seats can be picked up? we're a good ways away. what should they watch out for and potentially risks on the way to that? >> martha, we're 55 weeks away from the election. all kinds of things can happen. your analysis is absolutely
12:26 pm
right on. what republicans need to do and that's what we write about in the book is we need to stop looking backwards. start looking forwards and laying out a smart conservative positive agenda for folks on issues like crime, education as you just talked about to counter what joe biden and kamala harris are trying to do on taxes and huge enormous public spending. we have to be talking about those things. that's what we have to be focused on. can't be focused on the past. focus on the future. >> martha: so with regard to the former president, you know, that is -- in terms of looking backward and not looking forward, what kind of role do you think he will play in those 50 weeks? >> i think he can play whoever role he wants to. he can have a positive role if he decides to start talking about things that republican voters need to hear. about what we would do on crime what we would do on education, how we'd be different than joe
12:27 pm
biden and the democrats. we have to have a forward-looking agenda. any republican that is willing to lay out good smart strong ideas has a role whether it's donald trump or anybody else. this isn't something to preclude donald trump from being involved but it is to say look, we looked backwards in georgia and we lost there. we lost the white house, the senate in two years. the only other time that happened in the republican party's history is 1930 to 1932 under herbert hoover and the democrats held the white house for 28 of 36 years. our country won't survive that. >> martha: with regard to who is running on the other side in 2024, this is an interesting exchange with george stephanopoulos and the vice president, kamala harris. watch this. >> so you don't feel misused or underused? >> no, i don't. i am very, very excited about the work that we have
12:28 pm
accomplished, but i'm also absolutely, absolutely clear-eyed that there's a lot more to do and we're going to get it done. >> martha: so jen psaki was asked about that. she said she's the first african american woman, woman of color, indian american color to serve in the job. so many firsts, right? it's a lot to have on your shoulders. what do you make of what's going on there, governor? >> look, i think that it's very clear. all of this sourcing comes from inside the white house. these aren't republicans saying these things. these are democrats inside the white house taking shots at the vice president. you have to believe that the president is okay with it. if it wasn't, he would stop it. having these things going on is not good for the country. they shouldn't be taking shots at each other, worrying who is coming next. it's counter productive when we face 6% inflation, threats from china. they won't even talk about the
12:29 pm
olympics and we're going to do there. i could quite frankly if they like each other. >> martha: you think he will run again and she will be his running mate? >> i don't think he will run again. he will be 82 years old. i simply think it's going to be not feasible for him to run again for a variety of reasons including the way he's doing the job so far. so i think democrats will be back to square 1 like they were in 2020 looking to pick a new candidate. >> martha: going to be very interesting. governor christie, thanks very much. the book is called "republican rescue." thank you, sir. good to see you. >> thanks for having me. >> martha: christmas tree already. so we have a 60% spike -- think about anything you buy if it was 60% more expensive. would you walk away but you
12:30 pm
can't when it's gas prices. sticker shock at the grocery store as well. charlie le duff says it's no wonder that families are trepidatious with what's coming up for thanksgiving. what he blames for all of this next.
12:31 pm
♪♪ fresh flavors... classic dishes... ♪♪ and a new seat at the table. ♪♪
12:32 pm
if you're on medicare, remember, the annual enrollment period is here. the time to choose your coverage... begins october 15th... and ends december 7th. so call unitedhealthcare... and take advantage of a wide choice of plans... including an aarp medicare advantage plan from unitedhealthcare. it can combine your hospital and doctor coverage with part d prescription drug coverage, and more, all in one simple plan... for a low monthly premium or in some areas, no plan premium at all. take advantage of $0 copays on primary care doctor visits, virtual visits and lab tests. also get $0 copays on preventive dental care,
12:33 pm
$0 copays on routine hearing exams, and free yearly eye exams. plus, free designer frames and prescription lenses. now's the time to look at unitedhealthcare's variety of plans, and let us help find the one that works best for you. ask about ppo plans, too. they let you see any doctor who accepts medicare, without a referral. and pay in-network costs, at home or traveling, when you see doctors in the unitedhealthcare medicare national network. take advantage of $0 copays and deductibles on tier 1 and mail order tier 2 prescriptions. in fact, last year our medicare advantage plan members saved an average of over $9,000. and with renew active, enjoy a free gym membership - with access to the largest gym network of any medicare advantage plan. as always, you can count on unitedhealthcare to help you get the care you need, when you need it. we can even help schedule appointments
12:34 pm
or find a specialist. enrollment ends december 7th. call unitedhealthcare or go online today. we make it easy to enroll, too. enjoy all the benefits of the only medicare advantage plans with the aarp name. take advantage now. >> martha: no doubt when you've gone to fill up your tank, you felt this the past 12 months. an alarming spike. 61% higher in gas prices. now president biden is asking the fed to investigate whether one of the pressures -- the upward pressures on the prices might be because of illegal behavior by oil and gas companies. they're looking into that. so here's the white house response moments ago. >> if the gap between the refined fuel costs were at typical prepandemic levels, americans would be paying nearly
12:35 pm
25 cents less a gallon. that's now how it should be working. >> martha: that's not how it should be working. edward lawrence reporting live from the white house. hi, edward. >> this is crazy. the white house is saying the companies are to blame for this. right now justin trudeau just left a meeting with president biden. he talked about the policies like cancelling the keystone pipeline which not only affects the oil supply in the u.s. but affected canada by the jobs. so the latest action to bring down gas prices is a strongly worded letter to the ftc. they're investigating to see if there's price gouging and investigations take time. so gas prices, the blame is on the company. they made more money in 2021. there's no plans to review immediate actions on their regulations in place no, plans to review those, no plans to look at expanding new leases, so
12:36 pm
to speak, for federal lands and drilling. all of this led to the price of gas. you mentioned in the beginning. the price of gas is $3.41 a gallon average. 61% more than a year ago, which was $2.12 a gallon. the difference between last your and this year is the economy reopened and the head of the american petroleum institute says this administration discouraged investment in fossil fuels. >> this is the equivalent if there were a foot shortage, if the united states were to push on farmers to stop farming. and i think all of us would understand that in a crisis like that, we should be encouraging people to produce here at home, to provide for the american people, particularly during this time of an energy crisis. >> but we basically saw it day one. the first action for the president, to cancel the keystone pipeline that came from canada which cost canadian jobs and limiting long-term supply
12:37 pm
for the u.s. there's no immediate action in the ftc investigation. opec, the administration has repeatedly asked to increase simply has said no. >> edward, thank you very much. let's bring in charlie le duff from the news hour podcast joining us from his workbench in michigan. i know you said you worked hard on that background. it's you, charlie. we love it. >> no books. no books. >> martha: no awards, he says. how do you make sense of this? the white house is sending a strongly worded letter to the oil and gas companies that have been discouraged from expanding their business anywhere in the country any time recently. so the price doesn't take a masters in econ that that will drive the prices up, right? >> right. i have a bachelors in econ and they're called futures markets. market is looking into the future and say there's a choke point, prices go up.
12:38 pm
that's what's going on. >> martha: tell me what you think the people of michigan. the governor of michigan has been one of the people that said let's look at this line 5 pipeline that comes through michigan and study whether or not we should continue that plan. we saw the keystone pipeline was shut down day one. is that the way to go? >> obviously not. remember when the governor took the secret trip to florida. the jet claimed she mooched, gets its fuel from line 5. shut down line 5, can't see your daddy. can't do a lot of stuff. generally what's going on is this. we're in a pandemic. we're locked down. we have a lot of savings. government sent a lot of fake checks, a lot of borrowed money. we come out of it, high demand. we all have a mouse, click, click. high demand, fake money equals inflation. remember this. the chinese are having energy
12:39 pm
shortages because we want so much stuff, they have to ration it over there. so i don't know what the plan is. all i know is i'm not going to go see my mother not because i don't love her but you know what the price of turkey is? i couldn't do it to her. >> martha: here's joe manchin talking about what he sees going on. >> turkeys are higher. i know that. my whole family told me turkey prices are high. everyone is concerned. they should be concerned about inflation. it's real. inflation is real. >> martha: what we've heard from the president is that if this social spending program, the build back better program passes, then other things will be paid for. child care, elder care. even if prices still keep going up, this is their argument. it won't matter because you have other stuff paid for. how does that sit with you and other folks? >> look, how do you pay for it? look, again, a lot of fake money rolling around there. what is it?
12:40 pm
30% of all new dollars. hard currency created last year. so you're now going to spend hundreds of billions of dollars a year the next ten years to do what? where does that mean come from? you keep injecting money in to an inflationary market, you're going to create inflation. so it worries me. i think as a middle of the roader in the middle of america, we're for investment in to infrastructure. we're not interested in going back to the welfare state. here's what they said. inflation is going up. don't worry. it's transitory. here's the code for that. hey working guy, all of that fake money, you're going to burn through it. when you're done burning through it, you'll be broke again. the government is saying we're going to give you more fake money but it's not doing anything about monetary policy. most of us know that in our gut.
12:41 pm
>> martha: thanks, charlie. have a good thanksgiving. take care. >> thank you. >> martha: a live look at kenosha where there's so much focus this afternoon as we wait to hear if the jury has come to a verdict. they've been add it going on 22 hours right now. we're going to take you there live for an update. there's the protest. they're said to be heard inside as well. we'll be right back. as someone who resembles someone else, i appreciate that liberty mutual knows everyone's unique. that's why they customize your car insurance, so you only pay for what you need. oh, yeah. that's the spot. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ when it comes to autism, finding the right words can be tough. finding understanding doesn't have to be.
12:42 pm
we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to ♪ ♪ just two pills for all day pain relief. aleve it, and see what's possible. and also try alevex topical pain relief.
12:43 pm
12:44 pm
12:45 pm
>> martha: bizarre development as jury deliberations continue in the kyle rittenhouse trial. the judge said there's an investigation underway as a freelance reporter said he was instructed to follow the jury bus last night. temperature turning up in wisconsin in general. more arrests took place outside
12:46 pm
the courthouse today and area schools will be operating remotely in anticipation of a verdict. so a lot of tension on the ground outside the courthouse. we wait any moment. we don't know for this verdict to come in. there's a lot of questions about whether or not we'll see a mistrial in this case. this have the video at the center of this debate. jonathan hunt here to break that down. jonathan? >> hi, martha. i was on the ground in the day of the shootings and we use the drone video footage that is at the center of the request. we want to show you two clips now. each paused to show you the positioning of kyle rittenhouse and joseph rosenbaum, the first person that rittenhouse shot and killed. in this first one, you'll see rosenbaum throwing a shopping back at rittenhouse as the two run across a car dealership lot where a group of protesters
12:47 pm
gathered that night. right house screen left. marked in the darker clothing ahead of rosenbaum. take a look at this second clip. in it, rosenbaum again on the right continues to chase writ house who been as the pair runs between vehicles on the lot and rosenbaum turns and shoots his ar 15 hitting rosenbaum four time killing him. the story of what the drone video shows is not in dispute here. rittenhouse's defense lawyers have asked for a mistrial saying that they were given a lower resolution of video and didn't receive the higher res version until after the trial was over. the failure to provide the same quality footage in this particular case is intentional and clearly prejudices the defendant. prosecutors argue it was merely an unintentional technical glitch. the series of events culminating
12:48 pm
in the killing of joseph rosenbaum isn't a matter of debate here. it's if the judge agrees with the arguments that the lower quality video put them at an disadvantage, the prosecutors acted in bad faith and guilty of prosecutorial overreach. the judge indicated that he will not make a decision until after we get a verdict in this case. martha? >> jonathan, thanks very much. civil rights attorney and fox news contributor leo terrell and brian claypool. welcome back. brian, one question in people's minds when they look at this video issue, do the different resolutions show you anything different? if you're on the jury, is there -- when you look at the higher resolution, is there anything in that that would make you say that's not what i thought. that is different. >> yeah, martha, that's the point. i don't see how that will
12:49 pm
prejudice the defense. i don't see how a higher resolution would have shown anything different unless for example the defense, they could have broken it down. remember that issue with rosenbaum? he has soot on his fingers and arguing that his hand was near the muzzle of the gun. if the defense broke down the clips more and had them stationary to show that and maybe you can't see his hand is clearly near the gun. if that had happened during trial, maybe defense has a better argument. at the end of the day, i don't think that will be a grounds for a mistrial. another area right for a mistrial for the failure by the judge to she quester jury number 1 and this provocation instruction that was given after the trial is over. those are your two best chances for the defense to argue a mistrial if there's a guilty verdict. >> martha: day 3 now, leo. how do you read these tea
12:50 pm
leaves? andy mccarthy is writing that that mistrial may be coming in the form of some of the examples that brian just pointed out or potentially a hung jury. >> i think the defense would have preferred a verdict yesterday or sometime before the day is out. i do see that they have an ace in the hole that is the motion that the judge's contemplating regarding a mistrial. will it be a mistrial with prejudice or without. i think the defense will want a mistrial with prejudice precluding the prosecution from relitigating this case. i think that in my opinion, with the different murder charges or the two murder charges and the other charge of shooting the other individual, i think this jury is being very deliberate. i think they're very careful. it's naive for anyone to assume they're not aware what is going on. a national case, high profile. they're aware of it. the judge is aware of it. they're doing their due diligence and i hope that they come with a jury decision by
12:51 pm
friday. if not, i see a mistrial or a hung jury, martha. >> martha: thank you, leo. significant that we haven't heard any specific questions today in terms of self-defense or anything that gives us an indication where they are in these counts? >> no, martha. i'm with leo on this. you have to remember, this is like three trials within one trial, right? most criminal cases, you've got one victim, right? one murder trial. you have three -- two dead and one injured. three trials in one. you had judge schroeder make a couple of mistake. i'm not picking on him. but he throws in this provocation instruction at the end. why is that critical? the jury before they can even determine self-defense have to all agree on whether or not there was provocation by rittenhouse as to all three victims before they can get to the self-defense. and then they have to then analyze was there self-defense.
12:52 pm
then they have to analyze all of the elements. remember, the judge allowed reduced charges, which was a mistake, too. self-defense is an absolute defense and absolves all charges. so he thoughs the prosecution a bone. that now requires the jury then to go through another analysis of the lesser charges, too. so i think there's a lot of cumbersome undue work that the jury has to handle. >> martha: there's what's going on inside and outside. more arrests today. joy reid have talked about this white vigilanteism and white tears that she did in a tik tok video that got a lot of attention. what do you say about what's going on outside? >> i'm a civil rights attorney. this offends me. it's not a race case, martha. the left and i know joy reid wants to make it a race case. kyle rittenhouse was accused of shooting white people. but you see what's outside.
12:53 pm
they want a narrative that does not exist. this should be decided in the courtroom, not outside. people from the outside want to change the outcome. that's shameful. >> martha: the jury instructions told the jury to consider whether or not he was using seven defense. that is their clear mission if they look at what happened and break it down moment by moment. we'll see if we get a verdict in the coming hours. thank you. great to have you with us. the white house responds to this coming up next. >> american intel agencies have told the president that cannot crack the origins of covid without china's help. president biden had a chance to ask for china's help. we didn't he? tgage rate watch from newday usa. while national mortgage rates are starting to climb, newday is holding the line at two and a quarter percent, 2.48 apr, the lowest in their history. refi now. people were afraid i was contagious. i felt gross. it was kind of a shock after i started cosentyx. four years clear.
12:54 pm
real people with psoriasis look and feel better with cosentyx. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections —some serious— and the lowered ability to fight them may occur. tell your doctor about an infection or symptoms, or if you've had a vaccine or plan to. tell your doctor if your crohn's disease symptoms develop or worsen. serious allergic reactions may occur. learn more at voiceover: riders. wanderers on the road of life. the journey is why they ride. when the road is all you need, there is no destination.
12:55 pm
uh, i-i'm actually just going to get an iced coffee. well, she may have a destination this one time, but usually -- no, i-i usually have a destination. yeah, but most of the time, her destination is freedom. nope, just the coffee shop. announcer: no matter why you ride, progressive has you covered with protection starting at $79 a year. voiceover: 'cause she's a biker... please don't follow me in.
12:56 pm
12:57 pm
12:58 pm
>> martha: moments ago, fox pressing the white house on why president biden didn't push harder on the issue of covid's origins during a lengthy meeting with xi jinping this weekend. let's check in with peter doocy who has that exchange. hi, peter. >> martha, the widespread consensus is to prevent future pandemics, they've got to understand how this one started. u.s. intel agencies announced a few weeks ago they're split between the lab leak theory and the naturally occurring theory. the president talked to president xi of china for 3 1/2 house and it didn't come up. i asked why. >> american intel says they cannot crack the origins of covid without china's help.
12:59 pm
the president had a chance. why didn't he ask? >> i'd say the president's push for the chinese to be participate more, provide more data and information, we have never held back for it. we have argued for it and the president did talk in his meeting about the importance of transparency. this is an example of it. >> biden and xi have known each other a long time. they have worked together in different capacities a long time. biden says they're not old friends. xi says they are. whatever this relationship is at this point, they're apparently not at the place where the president can ask president xi to do something or pressure him to do something in a private one-on-one. martha? >> martha: it's interesting that it went in code under just discussing transparency in general and they would know that that means that we're pushing back on covid origins and all of this discussion about diplomatic boycott at the olympics. a lot to cover there. thanks, peter. good to see you.
1:00 pm
>> thank you. >> martha: that's "the story" for this thursday, november 18 as we continue to wait for a verdict in the kyle rittenhouse cause this afternoon in kenosha. we'll stay with you hour by hour. see you here tomorrow at 3:00. i'll see you tomorrow morning as well. have a great evening, everybody. >> neil: all right. we might be minutes away from getting a score on that $1.85 trillion spending package the president has been cooking up for many, many weeks right now with progressive democrats and moderate democrats not anticipating any republican votes. and the republican why that is important is the cbo is seen as a sort of good housekeeping seal of approval on any spending package. the fear right now among moderates is it's going to conclude that it's not a $1.85 trillion package and might be more than that. they have a


info Stream Only

Uploaded by TV Archive on