Rittenhouse defense criticizes prosecution's provocation charge in closing arguments: LIVE UPDATES

Some protesters stayed outside Kenosha County Courthouse on Monday evening after the jury was dismissed for the day.

"If we don’t get it, shut it down, until we get it shut it down," protesters chanted after the prosecution and defense made their closing arguments.

Workers cleared graffiti from the walls and steps of the Kenosha County Courthouse on Monday as the trial wrapped up inside. 

After listening to several hours of closing arguments by the defense and prosecution on Monday, the jury will now assemble for deliberations at 9:00 a.m. on Tuesday morning.

"You will pay no heed to the opinions of anyone, even the president of the United States, or the president before him," Judge Bruce Schroeder told the jurors.

"The founders of our country gave you and you alone the power and the duty to decide this case based solely on evidence presented in this court."

Mark McCloskey, the St. Louis lawyer who was arrested after appearing outside his home with a gun during social justice protests last year, said outside the Kenosha County Courthouse on Monday that he thinks Kyle Rittenhouse should be acquitted of all charges.

"We’re here to support Kyle and the basic premise of self-defense and our God-given Second Amendment rights. And we’re hoping that the jury acquits him on all counts,” McCloskey said. 

"Obviously we’ve had a similar, although not quite as dramatic, experience in our own life," he continued. "We feel that it is all politically motivated and that Kyle did nothing but defend himself.”

Click here to read more on Fox News.

Defense attorney Mark Richards said during his closing argument on Monday that Kyle Rittenhouse acted only in self-defense and should be acquitted on all counts. 

“Kyle Rittenhouse’s behavior was protected under the law of the state of Wisconsin, the law of self defense,” Richards told the jury."Kyle Rittenhouse shot Mr. Rosenbaum because he was attacking Kyle. Every person who was shot was attacking Kyle: one with a skateboard, one with his hands, one with his feet, and one with a gun. Hands and feet can cause great bodily harm.”

Richards also took aim at lead prosecutor Thomas Binger, saying he made it "his personal goal of putting my client’s head on his wall.”

“The district attorney's office is marching forward with this case because they need somebody to be responsible. They need somebody to put forward and say, ‘We did it, he's the person who brought terror to Kenosha.' Kyle Rittenhouse is not that individual," Richards said.

"There are no winners in this case, but putting Kyle Rittenhouse down for something he was privileged to do will serve no legitimate purpose."

Protesters outside of the Kenosha County Courthouse

Some protesters gathered outside the Kenosha County Courthouse on Monday as the prosecution and defense attorneys made their closing arguments to the jury before deliberation. 

Reporters inside the courthouse could hear some protesters in the afternoon. 

Protesters carried signs that read, “Know justice know peace,” “Self-defense is not a crime,” and “Racism kills."

The McCloskeys outside Kenosha County Courthouse on Monday.

Mark and Patricia McCloskey, the St. Louis couple who made national headlines after carrying guns on their property during a social justice protest near their home last year, are outside the Kenosha courthouse as closing arguments are underway in the trial of Kyle Rittenhouse. 

Mark, who is now running for the U.S. Senate in Missouri, was unapologetic after pleading guilty to misdemeanor fourth-degree assault in June. 

“I’d do it again,” he told reporters outside the courthouse in downtown St. Louis. “Any time the mob approaches me, I’ll do what I can to put them in imminent threat of physical injury because that’s what kept them from destroying my house and my family.”

Mark Richards, defense attorney for Kyle Rittenhouse, paces the courtroom before the start of the days proceedings in Rittenhouse's trial at the Kenosha County Courthouse in Kenosha, Wis., on Monday, Nov. 15, 2021. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (Mark Hertzberg /Pool Photo via AP)

Defense attorney Mark Richards accused Assistant District Attorney Thomas Binger of being unprepared for the trial and harshly dismissed his claim that Kyle Rittenhouse provoked the encounters in Kenosha.

"Provocation, another thing, think back to November 2nd when this case started, did you hear one word out of Mr. Binger's mouth about provocation? You didn't. Because it was never said," Richards told the jury. "But when his case explodes in his face, now he comes out with provocation."

Assistant District Attorney Thomas Binger uses his water bottle to represent the fire extinguisher Kyle Rittenhouse held on the night of Aug. 25, 2020, during closing arguments Rittenhouse's trial at the Kenosha County Courthouse in Kenosha, Wis., on Monday, Nov. 15, 2021. Rittenhouse is accused of killing two people and wounding a third during a protest over police brutality in Kenosha, last year. (Sean Krajacic/The Kenosha News via AP, Pool)

Lead prosecutor Thomas Binger wrapped up his closing arguments in the trial of Kyle Rittenhouse on Monday afternoon. 

"This is a case in which a 17-year-old teenager killed two unarmed men and severely wounded a third person with an AR-15 that did not belong to him,” Binger told the jury. 

Rittenhouse has claimed that he was acting in self-defense when firing those shots, but Binger argued that Rittenhouse started the confrontation in the first place. 

“When the defendant provokes the incident, he loses the right to self-defense. You cannot claim self-defense against a danger you create,” Binger told the jury. "If you're the one who’s threatening others you lose the right to self-defense.”

“When the defendant provokes the situation, he has to exhaust all reasonable means to avoid killing someone," he said.

After taking the jury through several videos that they have previously watched during the trial, the assistant district attorney told the jurors that Rittenhouse is “guilty of all counts."

"He committed first-degree reckless homicide against Joseph Rosenbaum. He put Richie McGinniss's life in jeopardy. He put jump-kick-man's life in jeopardy. He intended to kill Anthony Huber and he attempted to kill Gaige Grosskreutz,” Binger said. "The question is whether or not you believe that his actions were legally justified, and I submit to you that no reasonable person would have done what the defendant did. And that makes your decision easy."

Businesses in uptown Kenosha boarded up ahead of verdict in Rittenhouse trial

As closing arguments continue in the trial of Kyle Rittenhouse, businesses in uptown Kenosha are boarded up, bracing for a verdict in the divisive case.

About 500 Wisconsin National Guard troops are on standby to assist in Kenosha “if requested by local law enforcement,” Gov. Tony Evers said.

Sean Krajacic/The Kenosha News via AP

Assistant District Attorney Thomas Binger, during closing arguments today, was photographed holding an AR-15 in the courtroom.

Closing arguments have resumed Monday in the Kyle Rittenhouse trial.

Kenosha County Assistant District Attorney Thomas Binger, speaking about the circumstances surrounding the killing of Joseph Rosenbaum, says “there is this alleged threat that Mr. Rosenbaum made earlier in the evening to kill the defendant.

“I will debunk that. That did not happen,” Binger continued. “It is the one fact in this case the defendant wants you to believe that there is no video of – and in fact I have the video of the entire incident, I played it for you and I’ll show it to you again. There is no threat.”

“There is also no evidence that Mr. Rosenbaum ever wanted the defendant’s gun,” Binger added.

Assistant District Attorney Thomas Binger enters the courtroom at the Kenosha County Courthouse in Kenosha, Wisconsin, on Monday. (Sean Krajacic/The Kenosha News via AP)

Kenosha County Assistant District Attorney Thomas Binger begins his closing argument to the jury questioning why Kyle Rittenhouse was in Kenosha on the night of the shootings.

"Was this a situation where he sincerely cared about Car Source, even though he never heard of it, never bought anything there, never worked there -- not even its owners were out there that night protecting it?" Binger said.

"Was he genuinely interested in helping people? He ran around with an AR-15 all night and lied about being an EMT," Binger continued. "Does that suggest to you that he genuinely is there to help?"

"He's not there for the same purpose as the protesters so why was there there that night?"

Closing arguments have now started in the trial of accused Kenosha shooter Kyle Rittenhouse.

Lead prosecutor Thomas Binger is up first.

Click here to watch on Fox News.

Kyle Rittenhouse is shown in court Monday. (Fox News)

Judge Bruce Schroeder revealed Monday that attorneys representing Kyle Rittenhouse have filed an official motion for mistrial.

"The state has repeatedly violated instructions from the Court, acted in bad faith and intentionally provided technological evidence which was different from theirs," the motion reads. "For those reasons, the defendant respectfully requests the Court find 'prosecutorial overreaching' existed, that overreaching was intentional and in bad faith and thereby grant the defendant’s motion for a mistrial with prejudice."

Rittenhouse currently faces five charges. One of the charges, possession of a dangerous weapon by a person under 18, was dismissed by Schroeder earlier today.

Kenosha locals tell Fox News what they think Kenosha will look like if Kyle Rittenhouse is acquitted.

Judge Bruce Schroeder is reading the jury in the Rittenhouse trial instructions ahead of closing arguments.

Judge Bruce Schroeder on Monday has dropped the sixth count facing accused Kenosha shooter Kyle Rittenhouse, which was possession of a dangerous weapon by a person under 18 – a misdemeanor

The defense, according to the Associated Press, argued that Wisconsin’s statute had an exception that could be read to clear Rittenhouse. That exception involves whether or not a rifle or shotgun is short-barreled.

After prosecutors conceded in court Monday that Rittenhouse’s rifle was not short-barreled, Judge Bruce Schroeder dismissed the charge. 

The Associated Press contributed to this report.

Click here to watch on Fox News.

Around 500 Wisconsin Army National Guard troops are on standby as a verdict nears in the Kyle Rittenhouse trial.

Gov. Tony Evers, in a statement, said Wisconsin continues "to be in close contact with our partners at the local level to ensure the state provides support and resources to help keep the Kenosha community and greater area safe."

The Wisconsin National Guard members will be assembling outside Kenosha and will respond "if requested by local law enforcement agencies," Evers' office said.

“The Kenosha community has been strong, resilient, and has come together through incredibly difficult times these past two years, and that healing is still ongoing," Evers added. "I urge folks who are otherwise not from the area to please respect the community by reconsidering any plans to travel there and encourage those who might choose to assemble and exercise their First Amendment rights to do so safely and peacefully.”

Fox Nation host Nancy Grace took a deep dive into the Kyle Rittenhouse case Sunday as the final day of closing arguments approaches. 

"Will his claim of self-defense sway the jury?" Grace asked. She brought in a panel of experts to weigh in on the case.

The special reviewed the video seen at trial and rehashed exactly what happened on that fateful night in August 2020 after protests and riots erupted following a police shooting. The full special is available for streaming on Fox Nation.

Dave Hancock discusses closing arguments in the case against Kyle Rittenhouse.