our gabe gutierrez is there. and the judge sending the jury home after a third day of deliberations, gabe. >> reporter: yeah, that's right, lester the jury has been deliberating for about 23 hours but still no indication they're close to a decision or whether this could be a hung jury. today once again, a small group of demonstrators gathered outside the courthouse here several schools in kenosha have closed and switched to virtual learning in anticipation of a possible verdict rittenhouse faces five felony counts for shooting and killing two men and wounding a third during unrest in kenosha last year. he says he acted in self-defense the jury had already asked to replay video evidence in this case and the defense has also asked the judge to declare a mistrial. no ruling yet, lester. >> all right gabe gutierrez, thank you. >>> just developing this evening, a lot more americans about to become eligible for booster shots of both pfizer's and moderna's covid vaccine. but there is still a lot of confusion out there.

apparently on a technicality. >> gabe gutierrez in wisconsin. thank you very much. >>> time for a check of the headlines beyond our borders. breaking overnight, american journalist danny fenster is free after spending almost six months in myanmar. his release is seen here on a tar mack. joining us with the latest on that and other headlines, what can you tell us about how this release came about? >> good morning, jose. we learned it, he said he's apart from being the former u.s. ambassador to the u.n., he's also a very experienced hostage negotiator. so he negotiated the release of fenster with the myanmar authorities and finally gave the good news that fenster was on his way home. and essentially, this came about as he -- richardson essentially saved fenster's life. let me tell you what happened to the journalist. he was arrested in may, when he was trying to leave the myanmar to go back to the u.s. the reason why he was arrested was on charges of spreading false and inflammatory information while he was working as a managing editor of an engli

gabe gutierrez is back with us from kenosha, wisconsin. we do not have audio from inside the courtroom. we can't tell you precisely what's happening. gabe, the last time we talked, a few minutes ago, the judge just dismissed one of the charges against rittenhouse. it should be noted it was the lesser of the charges. the least of the charges, so to speak. any other significant developments inside that courtroom? are we any closer to the closing arguments? >> hi there, craig. as you said, this is the judge where he lays out the jury instruction, and those of you joining us, a short time ago a little less than an hour ago, the judge dismissing count six, the judge possession charge by a minor. kyle rittenhouse facing five felony counts. to give you an idea of what is significant about what's going on right now, the jury instructions, these have been hotly debated on friday by both the prosecution and defense. prosecution essentially asking the judge to allow the inclusion of these lesser charges. the judge allowed some but not all. but the ju

lester >> gabe gutierrez tonight. thank you. >>> an emotional day in a georgia courtroom as the trial of three white men accused of killing ahmaud arbery, a black man whose family says he was out jogging got underway with opening statements ron allen is at the courthouse >> at this point in time, mr. arbery is under attack >> reporter: prosecutors describing the moment gregory mcmichaels, son travis and neighbor william "roddie" bryan allegedly trapped ahmaud arbery with their pickup trucks. showing jurors the video of the fatal confrontation. arbery chased for five minutes. prosecutors arguing the elder mcmichael said this during the pursuit. >> stop or i'll blow your [ bleep ] head off. that's what he said to mr. arbery. >> reporter: watching in court, arbery's mother overcome with emotion. >> i decided to remain in so that i could get familiar with what happened to ahmaud the last minutes of his life. >> reporter: the three men face nine counts they have all pleaded not guilty the defense says the men acted to prot

but first, gabe gutierrez with the latest >> reporter: tonight concern over a new highly transmissible covid variant first identified in south africa is rippling across the globe the white house imposing new restrictions on air travel from eight countries starting on monday a world health organization panel has just named the strain omicron and classified it as a variant of concern. >> this variant has a large number of mutations. and some of these mutations have some worrying characteristics. >> reporter: president biden saying he was briefed by his covid response team this morning. >> we don't know a lot about the variant except that it is of great concern, seems to spread rapidly. >> reporter: today the w.h.o. convened an emergency meeting but cautioned against an overreaction still from asia to europe to the u.s., stocks tumbled the dow plunging more than 900 points. >> you'll be waiting for test return results. >> reporter: passengers on this flight from south africa were told the new restrictions before arriving in the netherlands. >> people are getting more and more anxious. the

gabe gutierrez is in kenosha tonight. >> the truth, the whole truth and nothing but the truth so help you god. >> yes. >> reporter: as he described for the jury the tense moments before he opened fire, kyle rittenhouse broke down. >> there were people right there. that's when i -- >> reporter: the judge calling a short break. some jurors appearing sympathetic as they walked out rittenhouse's mother within ear shot sobbing. it was a dramatic seventh day of testimony in the trial where the now 18-year-old faces six charges including intentional homicide after shooting and killing two men in wounding another during last summer's protests in kenosha, wisconsin following the police shooting of jacob blake. >> i didn't do anything wrong i defended myself. >> reporter: rittenhouse speaking publically at length for the first time described how he came to kenosha to provide medical aid and protect property from rioters. and how the first man he shot chased him. >> i didn't notice mr. rosenbaum until he came out from behind the car and ambushed me. >> reporter: he says rosenbaum had threatened

nbc's gabe gutierrez is there. >> reporter: tonight after eight days of testimony from 31 witnesses in the kyle rittenhouse trial, the prosecution and defense are preparing their closing arguments now set for monday. >> that would be nuts. why in the world would they concede an element like that? >> reporter: today a contentious battle over jury instructions the prosecution asking the judge to allow jurors to consider some lesser charges. >> you're asking me to give an instruction. i want to see the best picture. >> reporter: the judge snapping as both sides debate what a specific picture showed rittenhouse is charged with six counts, including intentional homicide for shooting and killing two men and wounding a third during unrest in kenosha earlier last summer the now 18-year-old insists he acted in self-defense the prosecution's defense to ask for the lesser charges lets me know they have not met their burden of proof. they realize this case is in trouble. >> reporter: the judge says he's inclined to allow some lesser charges but not all. he'll issue final rulings tomorrow overnight

lester >> gabe gutierrez in new york tonight thank you. >>> we'll turn to the breaking news now out of cancun, mexico. reports of an active shooter at a beach resort popular with american tourists. let's get right to miguel almaguer. miguel, what do we know >> reporter: well, lester, good evening we're getting new details about this developing situation here's what we know right now. the attorney general in mexico says there was an altercation between several drug dealers on a beach when shots were fired near the hyatt cancun resort a local news outlet reports that at least eight armed gunmen entered the hotel carrying long guns the commotion sent tourists scrambling. images coming in to nbc news shows some taking cover in the resorts corridors and then later guests gathering in the hotel lobby. mexico's secretary of public security says two people died, both believed to be drug dealers. at this hour, it appears no tourists were injured and the gunfire, thankfully, lester, seems to be over lester >> frightening, though all right, miguel. thank you. >>> now to washington and the growing

we begin with gabe gutierrez and the rapid global response. >> reporter: tonight, drastic measures to contai the omicron variant. israel, the first country to completely close its borders. the uk also tightening rules on travel and mask wearing. >> this is the responsible course of action to slow down the seeding and spread of this new variant. >> reporter: british citizen and business traveler henry warren no says he is stuck in south africa. >> we failed spectacularly at that, despite a rapi drive to the airport to try to see if there were any flights leaving, now we're in a new boat and hoping to get out by christmas. >> reporter: germany and italy announce their first omicron cases following belgium. more countries clamping down on travel from southern africa 61 people flying from the region to the netherlands tested positive for covid authorities are no checking how many are infected with the new variant. >> we're going to take every precaution that's why we've taken the measures we have. >> reporter: the biden administration new travel restrictions from south africa and seven ot

our team is in place with the very latest, starting with gabe gutierrez. >> reporter: tonight, with the new covid variant omicron spreading around the world, president biden says he's not considering any widespread u.s. lockdown. >> this variant is a cause for concern, not a cause for panic. >> reporter: the president, after huddling with public health advisers over the weekend now says the white house is working with vaccine manufacturers to develop vaccine boosters against omicron if needed. >> the best protection against this new variant or any of the variants out there, the ones we have been dealing with already is getting fully vaccinated and getting a booster shot. >> reporter: tonight the cdc is stressing that people 18 and older should get a booster. it comes as the biden administration's new travel restrictions for 8 south african countries take effect. they bar foreign visitors to the u.s. but not american citizens trying to get home other countries such as israel, morocco and japan are launching even more drastic steps, banning all travelers as a growing list of countries con

gabe gutierrez leads us off tonight. >> we, the jury, find the defendant kyle h. rittenhouse not guilty. >> reporter: inside the courtroom an emotional moment as the verdict was read. >> kyle h. rittenhouse not guilty >> reporter: kyle rittenhouse collapsing and then hugging his attorney the verdict a complete rebuke of the prosecution's case not guilty on all five felony counts. outside the courthouse -- >> this is a dark, dark day for america. >> i felt like they made the right choice. you know, it was simple self-defense. >> reporter: the closely watched case had sparked an intense national debate over self-defense and the second amendment. >> i think it is a victory for the thousand year old right of self-defense and our young hero, kyle. >> reporter: but for the loved ones of anthony huber, the second man rittenhouse shot and killed, today's verdict is heart-breaking. >> every day i wish i could come home to him, but i can't because he's dead. and now the system is telling me that nobody needs to answer for that >> reporter: the prosecution says that while we

lester >> gabe gutierrez, thank you. >>> another hard sell by president biden tonight touting his recently passed trillion-dollar infrastructure plan, but he's facing new democratic resistance to his much bigger social spending bill peter alexander is at the white house. >> reporter: president biden tonight show casing a decaying 80-year-old new hampshire bridge set to be fast tracked to repairs thanks to his newly signed trillion-dollar infrastructure package. >> when you see these projects start in your hometowns i want you to feel what i feel, pride. pride in what we can do together as the united states of america. >> reporter: the president's trip an effort to demonstrate real results to voters who polls show are pessimistic about his presidency and the economy. amid record fligs impact -- record inflation impactin everything from gas to groceries. >> your life is going to change for the better and that's literal. >> reporter: still many projects are unlikely to begin for months if not longer. it comes over the impending showdown over the $1.75 trillion social and climate spending plan

gabe gutierrez is in kenosha tonight. >> ready for the jury. >> reporter: tonight the kyle rittenhouse homicide trial is barrelling towards conclusion >> we will rest. >> reporter: the defense team resting its case today after use of force experts video analyst testified less than three seconds elapsed between when a protester fired a shot into the air and rittenhouse first opened fire with his ar-15 style rifle, killing joseph rosenbaum. >> i didn't do anything wrong i defended myself. >> reporter: the now 18-year-old faces six charges including intentional homicide after shooting and killing two men and wounding another during last summer's protest in kenosha, following the police shooting of jacob blake. his emotional testimony backed up yesterday by another eye witness today who recorded video that night. he testified that rosenbaum was pushing a dumpster that was on fire into police vehicles. >> as the first firearm goes off, rosenbaum is already charging kyle from behind attempts to throw a bag at him and rosenbaum is lunging toward him very clearly and kyle fires. >> reporter: n

i am overwhelmed how people have my son's life in their hands. >> gabe gutierrez reporting there. a live look at sfo. a 50-year-old texas woman accused of assaulting a flight attendant on a flight to sfo. the chronicle reports it happened on a united airlines flight from alaska in june. the woman is accused of shouting and pushing a flight attendant after she woke her sleeping husband to ask him to wear his mask correctly. if convicted, the passenger could face a 20-year prison charge. >>> two walgreens stores are closing in san francisco. sf reports that the two stores are located on clement straight and on gough street near market. another is also set to close on wednesday on cesar chavez street in the outer mission. walgreens announced last month it intended to close five san francisco locations by the end of november, citing rampant shop lifting. >>> as they say, all good thing comes to an end. this morning, that includes the warriors' latest winning streak. last night in charlotte, step curry had 24 in his homecoming game including the third quarter buzzer beater right there.

and our gabe gutierrez speaks to the mother of the defendant. >>> infrastructure day at the white house for president biden as gasoline prices skyrocket and inflation soars right along with just about everything else. >>> covid cases in europe soar to one of the worst since the start of the pandemic. plus, a key country imposes a major lockdown we are live in rome. >>> queen elizabets over the monarch continue to grow, as we begin a new week "early today" starts right now >>> good monday morning, i'm frances rivera. >> and i'm phillip mena. we begin with breaking news out of houston surrounding the astroworld concert tragedy. 9-year-old ezra blunt has died from injuries sustained during that crowd surge at the show he becomes the youngest fatality his parents have hired personal injury attorneys, including ben crump and others the counsel previously filed a lawsuit alleging concert organizers failed at crowd control during the festival organized by travis scott. according to a statement by crump and his colleagues, blunt was placed in a medically-induced coma in an attempt to save his l

nbc's gabe gutierrez has more from new york. >> reporter: the rush is on to vaccinate younger children ages 5 to 11 at mobile vaccination sites like this one. meanwhile, pfizer is out with new encouraging data this morning about the anti-viral pill to treat covid it's developing. the company says according to a study the pill reduces the risk of hospitalization and death in high-risk adults by 89%. pfizer's ceo says the company plans to submit the results to the fda for emergency use authorization by thanksgiving. this comes a day after the uk approved a separate anti-viral pill developed by merck. an fda advisory panel is set to consider that pill here in the u.s. by the end of this month. meanwhile the biden administration has just announced a sweeping covid vaccine mandate for employers with more than 100 workers. by january 4th, they'll be required to ensure that their workers are vaccinated or are tested weekly. several gop-led states are -- say that they are already planning to sue. fines could reach nearly $14,000 per violation. gabe gutierrez, nbc news, new york. >>> multiple c

and our gabe gutierrez speaks to the mother of the defendant. >>> infrastructure day at the white house for president biden as gasoline prices skyrocket and inflation soars right along with just about everything else. >>> covid cases in europe soar to one

joining me now from wisconsin is gabe gutierrez and kristin gibbons feden. gabe, what are we expecting to happen this morning with the jury? >> reporter: hey, there, jose. good morning. as you mentioned, the judge will randomly select those 12 jurors out of the 18 that have been hearing the case so far. remember, we started this process with 20 jurors. two of them have been dismissed thus far. so we're now left with 18. ten women, eight men, one black man among that jury pool. and there's a wooden lottery tumbler i saw yesterday inside the courtroom that the judge has indicated that they'll use in just a few minutes to select those 12 jurors. the judge has also said that the six who are not selected, they don't get dismissed entirely, they'll be held in a separate room inside this courthouse while deliberations begin. but jose, this is -- it was a dramatic day yesterday of closing arguments. the prosecution's rebuttal, actually, wrapped up just before 7:00 eastern time. a very long day. so the judge decided to give the jurors the night to get some rest and c

joining me now with the latest is nbc news correspondent, gabe gutierrez. paul butler is a former federal prosecutor, professor at georgetown school of law, and msnbc legal analyst, and kim is a national correspondent for "the washington post." thank you for being with me. gabe, just in the last couple of minutes, you reported that the defense is now officially filed a motion for a mistrial. what is this all about? >> hey, there, jose. this is something that the defense had indicated that it would do late last week. you remember, they had asked for a mistrial with prejudice, and that would mean that rittenhouse could not be tried again if that motion were granted. this motion basically formalizes that. they are asking the judge to declare a mistrial for several reasons. among them, they're accusing the prosecution of intention misconduct. and that relates to the time, you may remember last week, jose, when the prosecutor was asking kyle rittenhouse or began to rye to ask him about his silence post-arrest. of course, he has a right to stay quiet after his ar

anyway, gabe gutierrez outside of the courthouse for us. gabe, thank you. >> i'm going to go back to joyce and david here. david, i think you said it well when you were talking about how the prosecution should have thought about basically doing everything they could to sort of take some of the politics out of their presentation and out of their charges. and i guess ultimately, what is this case revealing about us as a society? you know, is this a case of we've got a -- we obviously are divided on race. our gun laws are very polarizing in this country as well. it is interesting to me that you're going to have folks on one side of the political aisle see this through the prism of race and on the other side claim the second amendment. the question is if you're an elected official in wisconsin, what are you looking at? are you looking at your gun laws? >> you know, chuck, i think the first thing that stands out to me here, and i'll go back on something that joyce said. that is if you build on the point she was making which i agree with, we don'

shep >> gabe gutierrez live at the courthouse. >>> a teenage girl trapped in a car with her alleged kidnapper has been rescued thanks to a hand signal that she learned on tiktok this happened just on thursday authorities say this man drove the 16-year-old 140 miles from her home in north carolina to kentucky that's when another driver saw her flashing that hand signal i mentioned out the window and called police. here's how you do that, your palm faces the camera, whomever you're trying to signal, tuck your thumb in and pull your fingers over it, that's the signal she gave to passers by. last year, an organization called the women's funding network created the gesture so people could signal they were in distress or danger without giving it away to people around them they made a viral video on tiktok, and police say that signal saved this teen's life. >> the use of the tiktok hand signal signifying i'm in trouble i need help was a ground breaking event for us and maybe nationwide because had she not given that signal to a motorist and had a motorist not recognized that signal, who knows where

gabe gutierrez leads our coverage tonight. >> reporter: they floated across tightly packed streets, beacons of americana. this year symbols of triumph. >> very emotional. when i saw that turkey come down, i just burst into tears. i thought of everything new yorkers have gone through, everything americans have gone through, but this brings us back. >> reporter: the macy's thanksgiving day parade drawing thousands of onlookers. last year this parade was only a block long and had a very small crowd. things have changed. >> it has been very stressful. and to be here right now is there for me a blessing. >> reporter: and yet for some the stress is not over yet. with covid cases now rising in parts of the midwest and the northeast. in michigan two

gabe gutierrez is in kenosha, wisconsin. he's been following the trial since day one. gabe, what's happened so far this morning? and what happens if these deliberations stretch into the weekend? >> hi there, craig, good morning. deliberations right now are at about 24 hours total stretched over several days. as you mentioned, this is day four of jury deliberations. and in truth, not a whole lot has happened today. we just received a note from the pool reporter saying that the judge's clerk has not heard anything about jurors declining to order lunch. interpret that as you will. but at this point, last we heard from the jurors was last night when they were sent home for the day. one of the jurors asking to take a copy of jury instructions home with her, but right now, craig, we have no indication whether these jurors might be any closer to reaching a decision or, perhaps, whether we might be heading toward a hung jury, perhaps. and there has been no word from the court about whether these deliberations could stretch into the weekend or whether the judge could have them

nbc's gabe gutierrez is in kenosha. >> reporter: after eight days of testimony from 31 witnesses in the kyle rittenhouse trial, the prosecution and defense are preparing their closing arguments now set for monday. >> they'd be nuts. why in the world would they concede an element like that? >> reporter: the contentious battle over jury instructions. the prosecution asking judge schroeder to consider lesser charges. the judge snapping over it. the now 18-year-old insists he acted in self-defense. >> the prosecution's decision to ask for the lesser charges lets me know they have not met their burden of proof. they realize this case is in trouble. >> reporter: the judge says he's inclined to allow some lesser charges, but not all. rittenhouse's mother spoke publicly for the first time since her son broke down on the stand. >> when i look at that video with that guy pointing a gun to my son's head, i thought he was going to die. >> reporter: she also praised judge schroeder. >> he doesn't allow no nonsense in his courtroom. >> reporter: the judge has repeatedly made headlines, first for proh

nbc news national correspondent gabe gutierrez has all the details. >> he's guilty of all counts. >> reporter: kyle rittenhouse's fate is about to be in the hands of the jury as closing gumts wraps up. >> he showed no remorse for the victims, never tried to heavy anybody that he hurt. >> reporter: the prosecutor playing the shooting frame by frame, arguing that rittenhouse shot and killed two men and wounding a third because he was a wanna be soldier. >> you cannot create self-defense with a danger you create. >> reporter: he focused on joseph rosenbaum, the first man he shot. >> he was causing trouble. he was a rioter, and my client had to deal with him that night alone. >> reporter: rittenhouse's attorney insisting rittenhouse was not an active shooter and there was a rush to judgment. >> kyle was a 17-year-old kid out there trying to help this community. >> reporter: the judge dismissed the sixth count against rittenhouse, illegal possession of a weapon by a minor, arguing the ar-15 was not a short-barrel, so the wisconsin law does not apply. henao faces five felony counts includi

nbc's gabe gutierrez is with us. >> the u.s. state suspect just issued a new do not travel advisory to southern africa and israel has shut the borders entirely. while there's a lot we don't know about this variant, more countries are ramping up efforts to stop it. this morning fresh fears over the omicron covid variant are gripping public health authorities around the world. israel banning foreign visitors for two weeks. the uk tightening rules on testing of international arrivals. >> this is the responsible course of action to slow down the spread of this new variant. >> reporter: britain, germany and italy announcing the first omicron cases. more countries are restricting travel from southern africa. 61 people flying from the region to the netherlands tested positive with covid. they are testing how many are infected with the new variant. >> this pandemic is far from over. >> reporter: a british citizen and business traveler is stuck in south africa. >> we found despite a rapid drive to the airport and trying to see if there w

so we're waiting to see exactly what this news is. >> gabe gutierrez, thanks for being there. i know you're on top of everything that's happening there. a cold day in kenosha, wisconsin. that does it for this edition of "andrea mitchell reports ". we'll have everything that's happening in kenosha, wisconsin coming up. chuck todd with "mtp daily" will take over our coverage after this brief break. brief break moderate-to-severe eczema,s r or atopic dermatitis under control? hide our skin? not us. because dupixent targets a root cause of eczema, it helps heal your skin from within, keeping you one step ahead of it. and for kids ages 6 and up, that means clearer skin, and noticeably less itch. hide my skin? not me. by helping to control eczema with dupixent, you can change how their skin looks and feels. and that's the kind of change you notice. hide my skin? not me. don't use if you're allergic to dupixent. serious allergic reactions can occur, including anaphylaxis, which is severe. tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a p

come on. >> our thanks to gabe gutierrez for that report. the defense is asking for a mistrial with prejudice for what it claims are out-of-bounds questions. the judge did not immediately rule. >>> joining us is an msnbc legal analyst. good morning. thanks so much for being here. let's start with this. explain to the audience what that means, what it would take to get there, and what it would mean for rittenhouse if it were granted? >> if the mistrial is granted the defendant will be let off and the prosecutor won't be able to retry it. they won't get another bite at the apple. what the defense needs to prove is the prosecutor engaged in bad faith and that prejudiced the defendant. now, based on the comments from the judge, it's very clear that the judge kind of believes that the prosecutor engageded in bad, specifically when the prosecutor began to ask the defendant about it. in addition to that the prosecutor attempted to elicit testimony that the judge already excluded. paced on what the judge said when he said to the prosecutor he did no

gabe gutierrez on the ground for us. thank you all for being with us this hour. we'll be back tomorrow with more "meet the press daily." mnbc continues with my friend chris jansing right now. >> reporter: good afternoon. we begin with breaking news on capitol hill this afternoon where the investigation into the attack on the u.s. capitol is expanding. the house select committee probing events of january 6th have issued a new volley of subpoenas, all to members of former president donald trump's inner circle. among them, form are national security adviser michael flynn, conservative lawyer john eastman and former new york city police commissioner bernard kerik, closely tied to rudy giuliani. eastman and kerik are believed to have attended meetings at the command center, a posh suite at the willard hotel where a block from the white house "the washington post" reports trump's most loyal lieutenants were working day and night with one goal in mind, overturning the results of the 2020 election. the committee also sent subpoenas to three members of the trump reelectio

gutierrez, for that setup stories, back tonight with us dr. vin gupta, paul minorities with seattle, he has been it finding us -- for health metrics and evaluations. doctor, vis-À-vis our last conversation in our last segment, here we are back at marketing and labeling again. mandate has become a toxic work maybe wherever frank mumps is that would be more corrupt. consumer, more customer friendly, but be that as it may, how big a rule do mandates, like this play in arresting the spread of a pandemic? >> well, brian, good evening first of all. to quote doctor anthony fauci, this is going to work as we've seen this playbook work already. for united airlines. this specific rule is going to create frictions for employers, a lot of employers with at least 100 employees frankly cannot afford to put up testing. they are going to want to cover the crosses to things that they don't lose their workforce, so that friction is going to be key. here also, i would say, brian, i've been speaking to many organizations across industry. verifications of vaccine

nbc's gabe gutierrez is at the courthouse in kenosha, wisconsin. gabe, good morning to you. what can we expect today? >> lyndsey, good morning. in some ways, this case has really crystalized the polarization in this country over the protests of the last year and a half. kyle rittenhouse is either seen by some as a vigilante or a hero. and a jury will now decide whether he acted in self-defense. this morning, the national spotlight is back on kenosha, wisconsin, as jury selection begins in the kyle rittenhouse trial. the now 18-year-old is accused of opening fire with an ar-15-style rifle, killing two people and injuring a third. last summer, rittenhouse, who was 17 at the time, had traveled to wisconsin from illinois. after calls went out on social media for people to help protect the city during the protests and unrests that erupted following the shooting of jacob blake. >> our job is to protect these people. >> reporter: blake, a black man, was shot multiple times in the back by a white police officer during a domestic disturbance. he's now paralyzed from the waist down. t

gabe gutierrez has all the details from kenosha, wisconsin. >> reporter: the jurors in the kyle rittenhouse trial are apparently wrestling with video evidence. the first question -- >> do we view videos in private or in corporal. my nightmare has come true. >> reporter: they're looking at how best to replay the videos. one shows rittenhouse shooting and killing two men and injured a third. >> how crucial are the video is to this case? >> they are vital. the prosecution put their whole case on a drone video that seemingly appeared out of nowhere, out of thin air. >> reporter: the defense argues prosecutors did not share a high-resolution copy of this drone video until two days before closing arguments. the prosecution says it didn't realize it was a lower quality copy. >> whenever you request a mistrial, you're setting up for an appeal. >> reporter: judge schroeder answered questions about why he allowed the deft to select six alternate jurors. >> i think people feel bet when they have control. >> reporter: the judge also taking on public criticism of the attorneys in the case. >> i'm going

gabe gutierrez there with an update as we wait for a verdict in kenosha. gabe, thank you so much. we'll be checking in with you throughout the afternoon. >>> we are also keeping a very close eye on the case of an oklahoma man who is set to be put to death just over five hours from now, unless the governor steps in. for more than 20 years, julius jones has maintained he is innocent of murder. he claims the actual shooter, an acquaintance, set him up. the state's patrol board has twice recommended that oklahoma's governor kevin stick commute jones' sentence to life in prison. if the governor does not step in, jones' execution set for 5:00 p.m. eastern today. that's going to do it for me on what has been a very busy thursday today. one quick note before we go, if you can't ever watch the show, you can get audio from msnbc live 24/7 on the streaming audio platform tune in. you can listen anywhere, anytime, on any device, by the way. go to tunein.com/2021 to listen commercial free with tunein premium. "andrea mitchell reports" starts next. >>> and good day, everyone. this is "andrea mi

again, testimony resumes for the defense tomorrow, shep >> gabe gutierrez at the courthouse, thanks >>> for legal analysis on both cases, david henderson's here, civil rights attorney, cnbc contributor. david, to the defense, working ri to establish a narrative about rittenhouse's actions, how are they doing so far? >> shep, they're being surprisingly effective develop a trial strategy this was an issue from the beginning of the case because you virtually have to put the police on trial because they knew rittenhouse was there and didn't say anything. they make it seem like there was a chaotic scene, a lot of confusion going on and rittenhouse got caught up with it i think they're doing an effective job. >> would you advise rittenhouse to take the stand? >> normally that's what i say. if you're going into court and say you shot someone, you didn't want to or mean to, you have to explain that to the jury but if you look, in order to develop the argument for self-defense, you have to acknowledge rittenhouse did the shooting and the defense has developed that so well thus far i think it's

gabe gutierrez is in wisconsin where the testimony is entering the second week, and our legal analyst is back with me. gabe, let's start with you. roughly about an hour and a half into today's proceedings, what are you hearing so far? >> well, you described some of it. that critical piece of testimony from gaige grosskreutz. he's the man rittenhouse shot and wounded. right now he's going step by step on the moment by moment interactions that night. essentially he says when he first saw rittenhouse that he believed him to be an active shooter. he also described prosecution asked him why he brought his own weapon down to the demonstration. he says that he brought a weapon. he said that's something he does. he came there as a medic, grosskreutz says. he said his permit was expired at the time and he could not recall whether there was a bullet in the chamber. take a listen to his response when asked why he brought that gun to the demonstration in the first place. >> i believe in the second amendment. i am for people's right to carry and bear arms. and that night was no different than any

of course opponents will no doubt take this to court. >>> okay, with our thanks to gabe gutierrez for that setup story, back with us tonight, dr. vin gupta from seattle. he's been advising us on public health throughout this pandemic and is on the faculty at the university of washington institute for health metrics and evaluation. doctor, vis-a-vis our last conversation in our last segment, we're at marketing and labeling again. a mandate has become a toxic word, maybe wherever frank luntz is, he's got something that would be more consumer friendly, more customer friendly. but be that as it may, how big a role do mandates like this play in arresting the spread of a pandemic? >> well, brian, you know, good evening, first of all. to quote dr. anthony fauci, this is going to work, as we've seen this playbook work already for tyson foods, united airlines. this specific rule by osha is going to create friction for employers. a lot of small, medium-sized employers with at least 100 employees can't afford to put up testing. they're going to want cover the the cost of testing so they don't lo

rittenhouse's mother recently sat down with nbc news correspondent gabe gutierrez. take a listen. >> reporter: with lawyers preparing closing arguments in the kyle rittenhouse trial, we sat down with his mother, wendy rittenhouse. >> when you saw your son on the witness stand, what went through your head? >> fear, overwhelmed. i was a nervous wreck. my stomach was in knots. kyle did a good job. when he broke down, i broke down. >> knowing what he knows now, knowing that it was that chaotic situation, do you think he should have -- do you think he would have gone down there again. >> probably not. >> reporter: the now 18-year-old faces six charges related to the night he shot three people, killing two, following a protest of a police shooting involving a black man in kenosha, wisconsin. the most serious charge, intentional homicide. if convicted, he could spend life in prison. the judge said he'll allow some lesser charges. >> the prosecutor asking for lesser included charges may signal they're not feeling that confident about their first-degree or potential homicide

gabe gutierrez has that. >> reporter: tensions high as kenosha waits, hundreds of national guard troops on standby but not yet deployed. >> they've come here for a reason that does not bring good to the community, we don't want you here. >> all right, folks, you can retire. >> reporter: rittenhouse himself picked at random six lottery draws while the other 12 jurors deliberate. seven women and five men, including one person of color. >> if the jury finds that rittenhouse provoked the initial attack, then rittenhouse may lose the argument of self-defense completely. >> reporter: rittenhouse is charged with five felony counts. the prosecution portraying him as a then 17-year-old vigilante. >> you cannot claim self-defense against a danger you create. >> reporter: and the defense urging -- >> kyle shot joseph rosenbaum to stop a threat to his person. and i'm glad he shot him. >> reporter: the case became a rallying cry for conservatives and gun rights supporters who many raised money for rittenhouse's defense and $10 million bail. >> people are going out and protecting the community. >> re

>> gabe gutierrez, thank you. >>> coming up, travel time. with gas prices at a 13-year high, the road home after a busy thanksgiving weekend could be a financial roadblock for a lot of americans. the question is, is there relief in sight? we'll be right back. is, is thef in sight we'll be right back. (swords clashing) -had enough? -no... arthritis. here. new aspercreme arthritis. full prescription-strength? reduces inflammation? thank the gods. don't thank them too soon. kick pain in the aspercreme. subway has so much new i ran out of time in the last ad... so i'll take it from here. sorry steph. spokesperson refresh! refresh wait, what? subway® just upped their bread game with the help of some world-class bakers. lookin' at you nance. gotta refresh to be fresh. how many people are in this ad? that means freshly baked new artisan italian and hearty multigrain. hmm, that would go good with... seriously? i didn't even get to finish. ugh, see you next commerc... ♪ ♪ i didn't even get to finish. when the chapstick goes on. it's on. get your