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More fair. we have multiple ways to do it. let's just agree on how this thing is going to be paid for. and then, we can get it done. >> it -- i don't know if it matters but is there a sufficient trust between the progressive caucus, i guess the more moderate wing of the married or the manchin/sinema, you know, two-person wing, to stick to whatever agreement finally takes shape? >> well, look, that's where i will tell you there's not a lot of trust. i have spoken to senator manchin quite a bit. i believe if he gives his word, i have to take him at his word that he is going to keep his word but ...

Of mine which very few judges, i guess, share with me, that i think it's a loaded -- the word "victim" as a loaded, loaded word. and i think "alleged victim" is a cousin to it. >> to put it mildly, it's very odd. >> reporter: a former law enforcement officer and former prosecutor is floored by the ruling. >> it begs the question of, what else would you call someone who's been shot? they're not bullet recipients. >> reporter: he says judge schroeder's decision is highly unusual and will hurt the prosecutor's case. >> if you're going to use the loaded term, you've got to apply that equally acros...

>> sara sidner joins us now. what does the judge say people should call the three people shot if not victim? >> he said they should be called decedents. the prosecutor was clearly unhappy with that idea, it's not a word we use in general conversation and a word a jury may not have any reaction to. but attorneys say, look, this is all for the defense who is the person that is on trial is kyle rittenhouse and that is who the judge is most concerned with in this particular case. but it has caused quite a bit of controversy, anderson. >> sara sidner, appreciate it, thank you. we'll be right back...

You know, two-person wing, to stick to whatever agreement finally takes shape? >> well, look, that's where i will tell you there's not a lot of trust. i have spoken to senator manchin quite a bit. i believe if he gives his word, i have to take him at his word that he is going to keep his word but he's got to agree, first. and this isn't -- you know, look. that's the problem right now. but i think i have my caucus to agree. you know, anderson, remember, we wanted a senate vote for exactly this reason on build back better first before we voted for the infrastructure bill? i have gotten my caucus...

The three people rittenhouse shot cannot be called victims by prosecutors in front of the jury. but if there is evidence to prove it, rittenhouse's attorneys may refer to the dead and injured men as looters, rioters and arsonists. the judge and prosecutor sparred over it. >> if the evidence shows that any or more than one of these people were engaged in arson, rioting, or looting, then i'm not going to tell the defense they can't call them that. >> i think, your honor, if i were to count the number of times you've admonished me not to call someone a victim during the trial, it would be in the ...