t the start of his cross-examination, Binger commented on Rittenhouse's silence on the incident before the trial, noting this is the first time he's told his side of the story after hearing witnesses give their testimony.
Judge Bruce Schroeder said Binger was "on the borderline" of violating Rittenhouse's fifth amendment right to remain silent.
"This is a grave constitutional violation for you to talk about the defendant's silence," Judge Schroeder said. "You're right on the borderline. You may be over. But it better stop."
Minutes later, Schroeder grew angrier with Binger and sent the jury to the library.
Schroeder yelled at Binger for attempting to bring up a new issue without advance notice. He said the prosecution was opening a new line of questioning that was ruled out in pre-trial.
Binger said he was attempting to impeach Rittenhouse with a video in which Rittenhouse can be heard saying he wishes he had his gun after watching videos of shoplifters two weeks before the events in Kenosha.
"Don't get brazen with me!" Judge Schroeder said, raising his voice. "You know very well that an attorney can't go into these types of areas when the judge has already ruled."