MSNBC Host Calls for Removal of Kyle Rittenhouse Judge After He Rebukes Prosecutor

MSNBC host Tiffany Cross on Wednesday raised the prospect of removing the judge presiding over Kyle Rittenhouse’s trial for first-degree homicide after he verbally thrashed the prosecutor in the case.

“Honestly,” Cross wrote in an afternoon Twitter missive directed at The Nation’s justice correspondent, Elie Mystal, “how can this judge be removed?”

“Realistically, he can’t be,” Mystal responded. “He’s elected. Even if he’s disciplined later by the state (which he won’t be) there’s nothing for it for *this* trial. And if he gets off, he can’t be re-tried because of Double Jeopardy. So, like I said two weeks ago, Rittenhouse is gonna walk.”

The exchange came after Judge Bruce Schroeder lashed out at prosecutor Thomas Binger for his conduct in the case for issues that included asking Rittenhouse to explain why he remained silent around police after the August 2020 incident in which he shot three men and killed two in Kenosha, Wisconsin.

Depressed. Disgusted. But. Not surprised. https://t.co/nCm8NKI1io

— @tiffanydcross (@TiffanyDCross) November 10, 2021

“Why would you think that that made it okay for you without any advance notice to bring this matter before the jury?” Schroeder shouted at Binger. “I was astonished when you began your examination by commenting on the defendant’s post-arrest silence. That’s basic law. It’s been basic law in this country for 40 years, 50 years. I have no idea why you would do something like that.”

Similar clashes between Schroeder and Binger occurred into the afternoon. In addition to Mystal’s observation that the judge could not be removed from the proceedings, experts noted the poor relationship between the men could induce Schroeder to declare the case a mistrial — and potentially prevent prosecutors from pursuing their charges against Rittenhouse a second time.

Cross wrote in a subsequent message: “Depressed. Disgusted. But. Not surprised.”