>> big choice. a d.c. circuit court of appeals will hear out fremp's argument for asserting executive privilege on november 30th. overnight a three-judge panel, all appointed by democrats, sided with trump with the transfer of the white house documents to the january 6th committee on hold until then. the importance of those white house communications underlying further this morning by a new audiotape just released in which the former president appears to defend the insurrectionists even as they chanted "hang mike pence" on january 6th. please listen carefully. this is a conversation he had with abc news back in march. >> were you worried about him during that siege? were you worried about his safety? >> no, i thought he was well protected and i had heard he was in good shape. i had heard he was in very good shape. but -- but -- >> you heard those chants. that was terrible, you know, the -- >> he could have -- well, the people were very angry. >> they were saying hang mike pence. >> it's common sense -- it's common sense that you're supposed to protect -- how can you -- if you know a vote is fraudulent, right, how can you pass on a fraudulent vote to congress? >> the people were very angry, he said. we'll have much more on that in a moment. first to cnn chief congressional correspondent manu raju as well as cnn reporter kara scannell, who's been covering this. manu, first, meadows not going to appear. have you had a reaction from the committee yet? >> reporter: the committee is waiting to see whether meadows will appear and say he's not going to cooperate. it's very clear what meadows is saying, he will not answer the committee's questions because of fight over executive privilege. until that is resolved in court, he will not answer any of the committee's questions. this is what his attorney said? a statement. "our correspondence in the last few weeks shows a dispute with the committee. the issue is whether he can be compelled to testify, and if he could, he could be forced to answer questions that involve privileged communicationcommuni. it would be irresponsible for him to resthoovl dispute voluntarily waiving privileges at the heart of the legal issues." the committee said they won't accept that explanation and he must appear before their panel. in a statement last night they said if he doesn't appear, they will prepare to move forward a potential referral for criminal contempt charges. we saw the committee do that earlier when steve bannon, the former trump adviser, did not appear. the committee then referred for criminal contempt charges. the full house then approved that referral. now it's up to the justice department to decide whether to go ahead and prosecute. that's a big question looming over all these witnesses and all these committees. if these witnesses do not testify, will the justice department move ahead and charge them with criminal contempt. still uncertain. what's clear is the democrats and two republicans on this committee won't accept mark meadows' explanation that he cannot answer questions because of the dispute in the courts. at the moment, his attorneys are saying he won't answer their questions. >> as we wait for that, kara, there is another legal dispute playing out now. we have an expedited schedule that's been put out for the remainder of the month of november. what exactly did trump get out of this stay, essentially? what does it do for him? >> well, erica, it buys him some time. he has tried to fight using this executive privilege claim, the house gaining access to 46 records. the national archives has turned over 90 records in response to the request. these 46 trump wants to be covered by executive privilege including call log, visitor logs, schedules, drafts of speeches all related to january 6th, and three handwritten memos by mark meadows, which puts him squarely in the middle of this fight. so the committee now is waiting for these documents. those are on hold as the appeals court has set oral arguments for november 30th. there won't be a decision on that until likely early december. this is the first batch of documents. there are more than 700 other documents the committee is waiting to get from the national archives. but the first leg of this are these 46 documents that the appeals court will deal with later this month. erica? >> the question is what was the president up to on that day, january 6th, and before it. kara scannell, manu raju, thanks to both of you. for more on the legal fight, let's talk to criminal attorney caroline policey and shan wong. shan, the court seemed to give meadows and others a legal off-ramp, listen, we won't appear until all these questions about executive privilege are settled. exhow long does that take and where does it end? >> this is a pretty expedited briefing schedule, and i think the panel will rule on it rather quickly, probably early in december. this is the worst case for trump. they could seek further delay with a review and of course they'll try to go to the supreme court as well. med they're trying to buy some time. i think at least until early december. >> just to follow that up for a second, if we're then moving on to other courts and potentially the supreme court, what does that time look like? how far out could that potentially push things? >> yeah. that's hard to say. theoretically, it could push it close to the midterms or even theoretically beyond, but i think one important factor is to consider is the court is very concerned about looking partisan here, and in a way, the closer it gets to the midterms, the more it will be hard for them, so they may feel internal pressure to rule on this sooner than later. there is a hope for a faster track to this. >> caroline, the president's comments to jonathan karl in march seemed tob to defend the rioters even chanting things like "hang mike pence," saying he understands their anger, et cetera. is there criminal jeopardy for that or is it purely political like an impeachment process that's passed with the president's acquittal? as we often ask on so many of these things, does he face any actual consequences for this kind of thing? >> yeah, at the moment, jim, likely not. no criminal charges obviously have been brought in terms of a criminal conspiracy, for example. the hallmark of a conspiracy would be a meeting of the minds to commit a crime. the tape released thus far doesn't give that indication. but absolutely the political fight is under way, and i agree with shan, this is being billed as sort of a win for the trump side and it's really not. it's fairly typical and normal for stays of this nature to be put in place while the courts decide the issues on the merits. >> when we look at the subpoenas, the request for these witnesses, so we're waiting to see if mark meadows shows up, and he says he won't answer questions in person. meantime, does what we're seeing play out on capitol hill, could that -- what we're seeing with meld does, could that put further pressure on the justice department to act on steve bannon? >> i think it does. as a former doj veteran i'm a little perplexed at this point at the amount of time it's taking. it doesn't seem like that complex of a case in terms of evidence. i have great regard for a.g. garland, but i think it's important he realizes he's no longer a court of appeals judge. he's prosecutor, and it's a different role. >> caroline, can you explain why i would's taking three weeks here? because in effect, regardless of what the process is, it's giving some license, right, for others to do the same thing, to defy these subpoenas. >> yeah. i would just note that mark meadows' attorneys' letter issued recently really is legally disingenuous in that, you know, there is no blanket privilege, and he's citing to the separate issue really that is before the court, essentially stone walling, saying meadows won't appear until this issue is decided. it's really not the same issue, and a privilege isn't invoked in a olympblanket sense. the witness has to show up. an attorney can direct his or her client with sort of a scalpel and not a hammer, if you will, in terms of specific issues with respect to privilege, having myself respected a client before a house congressional committee, i can tell you that that's how it's done. and, you know, you work these things out in advance. from a practical standpoint, they may actually want to wait because i think they will win on the merits and get these memos that meadows had written. it will be much more fruitful to ask questions about those memos than if they didn't have those. >> great points. great to have you both with us this morning. thank you. >> good to see you. still to come this morning, in wisconsin, attorneys craft their closing arguments in the trial of rilkyle rittenhouse. what jurors will be listening for. and howard university students protesting living conditions complaining of mold, rats, roaches. what they want to see in terms of action from the school, the white house, and what's happening. and an update from afghanistan. conditions there worsen as taliban solidifies control. those left behind increasingly desperate to leave and in danger. more on the effort to get hundreds of american university students, women, out of the country later this hour. 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yep. i'm the all-in-one management software built for small business. high thryv! ow. get a free demo at thryv.com. kyle rittenhouse could be days away from learning his fate, whether he goes to prison or walk free. jurors are set to hear final arguments on monday. >> they will then decide if rittenhouse was justified in killing people, two people, shooting another during a night of protest last year. cnn's adrienne broaddus joins us. we could be coming to the end of this trial quite soon. >> reporter: quite soon, indeed. keep in mind that at the start the judge said he wanted this to be a speedy trial. on monday, we know closing arguments have been scheduled. the defense and the prosecution each have 2 1/2 hours to present their closing argument, and that includes rebuttal time. there's some indication that there could possibly be more charges on monday. there was a bit of an indication yesterday that the prosecution will ask for lesser included charges to be submitted to the jury. by contrast, the defense says it only needs an hour and a half for its closing arguments. on monday, we know the prosecution will show clips from that night, video clips from when kyle rittenhouse shot three people, killing two. combined, those clips total about 30 minutes. we heard from three witnesses yesterday, and here's a little bit of the conversation with the last witness the defense called to the stand, drew hernandez. listen in. >> contact with kyle that evening. did you observe him acting in an aggressive manner to anyone? >> in no way, shape, or form. the first time i saw kyle, he de-escalated a situation. >> have you ever posted anything on social media? >> yes. >> in support of kyle rittenhouse? >> one could argue yes. >> reporter: and come monday, the fate of kyle rittenhouse will likely be in the hands of the jury. the judge said he will spend about 45 minutes reading those instructions to members of the jury. right now, there are 18 members, but that number will decrease to 12. jim and erica? >> adrienne broaddus in kenosha, thank you. joining us now, a criminal defense attorney and former prosecutor. so what are you expecting to hear in these closing arguments on monday? how do you think and where do you think they'll be focused? >> i think the prosecutor who, with utmost love and respect, i say his ego is not his amigo, will likely go over the top and try to claim something that he has failed to prove, which is that he should never have used deadly force because he didn't reasonably fear death or great bodily harm. unfortunately for him, as the world now sees, the evidence seems to suggest just the opposite. they've established, the defense did, even prior to the defendant taking the witness stand, that he did reasonably fear death or great bodily harm and legally had the right to use deadly force in each of the three instances that he used it. i think this will be a fairly quick acquittal. >> let me ask you, mark, because the prosecutors have stated that they may seek for the jury to consider lesser charges. they could range from second-degree intentional homicide down to second-degree reckless homicide. i understand there might be a difference in the charges based on each of the people that rittenhouse killed based on those circumstances. do you believe that the prosecution has made the case for any of those lesser charges? >> no. it doesn't matter. don't get lost in the weeds on what those charges are. if he was justified in using force, it doesn't matter. the jurors will reject any other charges that are put in front of them. the key issue is whether he was justified or not. the only concern that i have as a trial lawyer is when they throe v throw out anything that could possibly stick is that jurors sometimes -- and i don't think it's going to happen here -- will say, all right, they didn't prove the main charge but maybe as compromise we'll hit him with one of the lesser charges. i don't think they'll do that here. frankly, i think it's unfair for the prosecutor to throw those out when the primary issue is whether he used reasonable force, and quite frankly, i think he did. >> you said it's not too early to wonder whether this was really a waste of taxpayer dollars and judicial resources. the families of the victims, though, obviously, are looking for justice. what do you say to them? >> i say to them, first of all, i'm sorry for your loss. i mean, obviously, i don't think he did the best actions by taking a gun and going to that scene. i don't think he was needed. i think he put himself in harm's way and others. that's not what he's on trial for. he's on trial for whether he committed murder, whether he was justified in using force, and i would tell these families i am so sorry for your loss, but on a legal level, which is the only thing we're analyzing here, he didn't commit these crimes. he proved that he used reasonable force. >> let me ask you, then, mark, what this means, what the precedent is here. does that mean that anyone with a gun can volunteer themselves to police on their own accord, right, heavily armed in the midst of protests, et cetera? because that's in effect what happened here. >> there's no precedent that's set. the law has always allowed people to lawfully carry guns and do the right thing. every case is different, however. i don't think this case can plausibly be analogized to the next case where the case is going to be fact sensitive. all we're saying is, number one, in this particular case, fact chummily, he had a legal right to use deadly force, and secondly, the precedent is a jury was impaneled, they heard the facts, the prosecutor presented his side, the defense got a chance to present their side, there was cross-examination on both sides, and the truth seems to suggest that the government failed to prove their case to the conclusion of every reasonable doubt. that's the precedence. >> right. we'll see how the public takes that precedent as well. mark eiglarsh, thanks for sharing your expertise. >> my pleasure. thank you. still ahead this hour, the taliban solidifying control of afghanistan as conditions steadily worsen. details from the state department about what's been done to help americans still on the ground. ur car insurance, so you only pay for what you need. oh, yeah. thatat's the spot. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ i'll shoot you an estimate as soon as i get back to the office. hey, i can help you do that right now. high thryv! thryv? 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>> sure. so at the time, jim, last time we spoke, we had around 1,000 students and faculty, mostly female, stashed. over 400 are out of afghanistan but still 375 are still awaiting relocation. so we have girls scattered in over 40 countries. we have them in cities such as islamabad and doha and in the u.s. qatar has been extremely gracious in accepting our girls, but their plight is far from over. the girls' mental health and trauma they suffered during their escape still haunt them. >> it's an uncertain future. for those left behind, you've told me stories of the taliban going door to door. what threat to these women face? >> jim, after the u.s. left, so did the ability to get these girls out. let's be honest. even with the best trade craft, it's virtually impossible to move a female through the streets of kabul with taliban at every corner. despite what taliban propaganda may be putting out to the media, it's forbidden to walk or drive a car without a male accompanying you. the taliban are ruthless in hunting these girls. there's posters throughout the city, women 20 and older will become property of the taliban and widows will become their brides. so, jim, from a terrorism perspective, the taliban's proven to be a formidable adversary in this fog of war. i mean, the terrorist organization that has issued, you know, u.s. military weapons in their arsenal, they're using barbaric tactics and techniques to prey on their most vulnerable. >> i don't want to understate the progress you've made because getting several hundred out is yeoman's work, and you and your group deserve enormous credit for that. but for those left behind -- and you know this, the vast majority of special immigrant visa applicants, those who work for the u.s. or u.s. contractors, they remain behind. in your view, is the u.s. failing those people? >> i think when the administration said that they closed the door on the longest war in afghanistan, it left it wide open for afghanistan to becoming the biggest terrorist hotbed we've ever seen. so, yes, i do believe it is a fill your. i look at the motorst vulnerabl groups we have. the first group is afghans that served side by side with our special operations forces. reports say that we have close to 300 of them still stuck in afghanistan. this presents a counterintelligence nightmare for us because these are the people, jim, that we trained, who hold the specific skill sets and intelligence. and know it's only a matter of time before the taliban find them, flip them, and everyone breaks. it's human nature. the second thing -- >> sorry. go ahead. because i want to talk about the special forces. tell us the other groups under threat. >> sure. i look at them in three buckets. those are the special commandos. the second group, the afghans that worked for government contractors and supported the way of the west. the sad statistic is less than 1% of these special immigrant visas were able to be evacuated. the third but certainly not least the most vulnerable are the women of afghanistan. >> understood. i've spoken, for instance, to scott mannin. they're trying to get the special forces out. is that the answer? if the state department is not doing this, is there a need for congressional action? >> absolutely. we need support from the u.s. government. we can't have, you know, private contractors going in without some type of top cover from the u.s. government. state department and including the white house. a lot of people don't understand you can't just board a flight and leave afghanistan. there are multiple networks you have to pass through. one is the taliban, state department, and then where is going to be your final destination. so it makes it very, very difficult. another piece to think about is these girls that we talk about, they can't leave their homes right now for fear of retribution by attending the american university of afghanistan, which is now occupied by the haqqani network. jim, just to kind of paint the picture, the 5,000-square-foot former women's economic empowerment center used to serve as a safe haven for girls to gather and study. it's now the haqani's network main operation center. so the irony in all of this -- >> a terrorist organization. >> yeah. >> yeah. >> absolutely. a terrorist organization. the same haqqani network that launched the attack at the university in 2016, killing 15 faculty and students, that is who is now inhabiting it. >> yeah. kelly, we know you and your team are doing hard work, and frankly those folks on the ground, courageous work. thank you. we wish you the best of luck. thanks for coming on. >> thank you, jim. still ahead, conservatives seizing on historic inflation, pressuring moderate democrats to not support president biden's build back better legislation. so what are the options for president biden? 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>> reporter: jim and erica, inflation is clearly here and americans are not happy about it. we learned a few minutes ago that consumer sentiment in early november fell to a ten-year low, and that was largely because of inflation. look at some of these price spikes over the last 12 months. gasoline up 50%. used car prices, bacon, beef, tvs, all of them are gone higher because supply cannot keep up with demand as the economy reopens. but unfortunately, as john said, there's little president biden can do unilaterally in the short term to tame inflation. there are some policies he could advocate for that could ease some inflationary pressures. let me run you through a few of the options. one of them, tariffs. biden does have the power to remove some of the temperature-era tariffs still in place on china and other countries. we're starring to see some of that with europe. also supply chains. they're a mess. focusing on clearing up port congestion, getting semiconductors back online, that would help but will take some time. worker shortage. we learned a record 4.4 million americans quit their jobs in september. you could potentially ease the worker shortage through comprehensive immigration reform, which would have to get through congress, the energy price spike. no easy fixes there. then there's the fed. in theory, president biden could show he's serious about inflation by nominating someone who is an inflation hawk. but that is not seen as likely in part because the fed chairman, jerome powell, he does have respect on wall street, where investors are not really freaking out about inflation even if everyday americans are. jim and erica, i think at the end of the taday so much of thi comes back to covid because we wouldn't be talking about inflation if it weren't for the pandemic. it's hard to see inflation getting back to normal until covid gets tackled. >> so much at play here. the labor shortage, its role in the supply chain, and that continuing wall street/main street divide tells us a lot. thank you both. still ahead, student protests at howard university highlighting a dire need on campus. so after more than a month, how is the school responding? 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>> when you read that statement, it took me by surprise, but not a rueful surprise because the university president, wayne frederick, said the same thing in in a statement on the university address on friday and essentially said the same thing at his address of the 2018 protests two years ago, that he would like to hear the student voices, and i have yet to see that action. >> you have a little more experience. i didn't mean to interrupt you. i thought you were done. i wanted to correct myself too. you're a junior, not a freshman, so you have a lot of experience when you reference what's happened in 2018. hearing these words consistently, doesn't sound like you're seeing a lot of action. why do you think that is? you have had parents backing these efforts, prominent alumni, the reverend jesse jackson weigh in as well. you have had so many people come out in support of what you're asking for. why do you think there is a resistance to engage with the student community? >> i'm not sure. i can't answer for a university president who refuses to speak to his students. i can't give that answer for university administration who we technically pay. i can't get that answer. but what i can tell you is that the students simply are looking for conversation. our demands are not demanding more than that. a town hall of the university we go to when there are students who are being made ill, including me, from their dormitor dormitories. and this is not just the 2021 issue. it was an issue in 2019, an issue in 2017, an issue in 2018, this was an issue all the way back 20 years ago. we saw hilltop paper from 2001, the year i was born, talking about mold in the dorms. howard university still refuses to give transparency and give the appropriate remediation methods that anybody, betsy sue from the street, who had hold in her house could exemplify or give a testimony to what that looks like. it applies to public health and safety matters, but the university refuses to do it. >> the school has said they've addressed a number of the concerns, that there have been cleanings, air sampling and filter tests, filter changes. it sounds as you don't feel that's made a difference. it raises a lot of questions and you're paying to go to school. it leaves people scratching their heads as to how this is not being dealt with. you're essentially trying to talk to your landlord to get things fixed. >> right. >> i have more questions, but i want your take in terms of potential federal funding from the federal government. as we know historically hbcus have been underfunded pretty much from the beginning. this talk of $3 billion in the build back better plan that could be earmarked for hbcus, i know you said that you were looking at president biden's administration as a promising sign in the beginning and specifically pointing out howard alum, vice president kamala harris, saying she's representing access we haven't seen before. do you believe at this point that hbcus are a priority for the administration as the president had promised? >> i don't see the evidence of that. however, i do see students across the country, not just at howard, but in clark, moorehouse saying you need to make sure that we are a priority, because we are representative of your constituents. and the -- we represent a body of people, a community that has been historically disenfranchised. howard is in a very large part federally fund. if it's not evidence enough we suffer second-class living conditions in our dorms, if that's not evidence enough for the need for more funding for us, $3 billion is pocket change compared to what was originally on the table, is just -- >> we have to leave it there, unfortunately. channing, i hope we can stay in touch because this is an issue that unfortunately you know all too well isn't going away. we'd like to stay on it as well. thanks for your time today. >> thank you. >> thanks all of you for joining us today. we hope you have a repreliminary examinationing weekend. we're going to try. i'm jim sciutto. >> i'm erica hill. 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