welcome to "the lead." i'm jake tapper in washington, d.c. a busy afternoon as we come on the air this afternoon, an historic and contentious day in court has just come to a close. moments ago we saw donald trump leave the courthouse in new york followed by the new york state attorney general letitia james who brought the civil fraud case against mr. trump and the family business. the former president spend the day on the stand repeatedly classing with the judge, the very person who will decide how much the trumps must pay after he already found them liable for fraud. we're going to go to the courthouse in a moment where this case could put trump at risk of losing his entire business operation in new york where he's accused of inflating financial statements. hs ahead, an astounding number coming out of gaza, the p.i.n. mrin stri of health which is controlled by hamas, the palestinian ministry claiming more than 10,000 deaths have taken place in response to the initial hamas on october 7th. the biden white house says one should consider the source. they don't accept the number. without question thousands of innocents have been killed in gaza. israeli's military says it's advancing towards gaza city after a brief evacuation window for civilians. we start in new york city where donald trump just finished testifying in the trial that could determine the future of his entire business enterprise. the former president spent much of his time on the stand calling the judge names as well as the new york attorney general and the case as a whole. it's a message he essentially repeated after he left court just moments ago. >> it went very well. i think we were there, we listened. w you see what a scam this is. this is a case that should never have been brought. it's a case that should be dismissed meimmediately. the fraud is on behalf of the court. the court is the fraudster in this case. >> donald trump and the trump organization are accused of repeatedly lying about the value of their assets and their properties, and the new york state attorney general letitia james says despite trump's actions on the stand today, she believes her prosecutors have proven that fraught. cnn's kaitlan collins is live outside the courthouse in manhattan. the trump team has said their legal and political strategy are one in the same. so it should not be a surprise, i suppose, that trump's approach to his testimony today was attack, attack, attack. >> reporter: jake, he repeatedly went after the attorney general seated in the front row who brought this case against him, and he did nothing to ingratiate himself with the man who is going to make the decision here, judge arthur en goran who was presiding overall this. instead, trump went after him, too, criticizing him for that summary judgment that already found trump liable for fraud. why he's on the stand today, what the point of all this is, is to determine how much money he could have to pay, the penalties he could face as a result of being found liable for that fraud, the case the attorney general has made here. something she just noted despite the attacks and insults he hurled at her direction. instead she pointed back to the numbers. that is something notable as well, jake. yes, there was a lot of back and forth between this judge, trump, trump's attorneys. it took up most of the oxygen as he was on the witness stand. but there were key moments as the assistant attorney general who maintained his composure and continued with his line of questioning was getting answers from the former president about just what he knew about those documents, stating the values of his properties, talking about his net worth, talking about the terms he agreed to with banks like deutsche bank to get those loans he had secured. of course, those were numbers that the attorney general said were inflated. instead, they used those to get more favorable terms for those loans. they did seem to get answers as he was having these aside and these outbursts, going after the judge, after the attorney general. he was also acknowledging and had much closer proximity to those numbers than what previous witnesses including his own sons had alluded to, jake. >> kaitlan, there are still weeks left of this trial. what might come next? >> reporter: we do know ivanka trump is going to be here on wednesday. there is no court tomorrow because it's election day. ivanka trump is going to be testifying on wednesday, something she tried to fight but has since dropped her appeals. one notable aspect, jake, the defense did say today they're going to question ivanka trump as well. we haven't seen them do that with donald trump, jr. or eric trump or even donald trump today. they did signal they will be questioning ivanka trump. after that attorney general letitia james says they will rest their case. that's when the defense will take their turn. cries kise, one of trump's attorneys, says he expects it to go until about december 15th or so. that's what the timeline is looking like right now. one more thing on trump's attorneys. chris kise has been the lead attorney on this case. he was commenting on trump's answers today calling them brilliant. he referred to trump as the next president of the united states. he just came outside the court today, even in spite of the brutal back and forth, he said in his 30 years practicing law, he claimed that trump was the best witness he had ever represented. >> kaitlan collins, thanks so much. let's bring in cnn chief legal analyst laura coates. let's start with what we just saw, donald trump left the stand and his team chose not to cross-examine. why? >> it's odd to do so. the purpose is to rehabilitate your client. it's to say, here are things you maybe got wrong or i want to buttress your credibility. that they did not suggests that either, a, they believe he was great on the stand, really the best they've ever seen. or b, it would be a fruitless endeavor. probably the latter. >> trump's lawyers also told the judge at the end of the day they want to make a motion for a mistrial. do you think they have any sort of argument here? >> i don't. i think they have every right to file that motion because most litigants do that. the basis is either bias on the part of the judge, also some factual or legal error that's been made. i'm unaware of any of that that's happened in the particular trial. guess who decides that? the judge. >> speaking of which, are you surprised that donald trump was so combative with the judge who is the one person who will decide the fate of his business? >> i'm not surprised he's combative. generally that seems to be the m.o. that leads him to have many of his base and supporters loving him. with a judge whose job it is to decide the case -- remember, a lot of this has already been done, jake. they already have a motion that says you have fraudulent documents, you're liable for fraud. now it's about how expensive it's going to be. the judge didn't rule on those things yet. a quarter billion dollars, having a conservativeship with your clients there's still a window of opportunity for leniency. not ingratiate to bend the knee, but to acknowledge the respect and decorum necessary for that ruling is surprising. >> chris kise said today trump's answers were relevant to the questions asked and, quote, brilliant. what does that tell you about the overall strategy? >> maybe there's an ostrich. when you answer a question blatantly to the court, you must answer the question. he was circuitous, he was meandering, the judge criticized him for those points of view. it's not because he wants to hear you talk, he wants to hear the answers to the question. it's not a jury trial. he's trying to figure out if you have credibility. the longer your answer, the longer-winded, the more around robin's bend you go, the less credible you are. >> trump did acknowledge there could have been a mistake on his financial statement when it came to trump tower. but said, quote, there's a disclaimer clause where you don't have to get sued by the attorney general of new york. is that in any way a legitimate defense? >> no. the judge already found it wasn't. the judge said, listen, you can't just offer miss calculating or wrong and misleading and fraudulent information and then say, wait, just kidding. do your own due dill jans here. you have to rely on what's actually being said. the judge already resolved that issue. what he's trying to do is suggest, and you can't have both worlds. you kay say on one hand he's in control of everything thing and say, i handed it over and delegated. both can't be true in a fraud trial. >> vm is set to testify on wednesday. unlike her brothers, she's not a co-defendant in the case. how could her testimony differ potentially? >> it's crucial because she would have insight into how the workings of the business operation actually functioned, also, what was that chain of command, who really was in control. and when documents are given, who has to sign off on it? remember, her brothers, her father, weisselberg, the former ceo, they're all officers of the company. i jokingly talk about this is not the dmv driver's license, you give me your weight and we wink, wink, figure out the rest. i have to give real information that's then used for insurance policies and tax appreciation and tax liability. if i give you fake information and i know it is or it's a reckless disregard for what's true, i'm liable. >> this is a civil case, a civil trial. the other four cases that trump is facing are criminal. does his behavior today give you any insight into how those other trials will go, or might he behave differently. is there any reason to think that maybe somebody said it's okay for you to behave this way in a civil case, but don't behave that way in a criminal case? >> i wonder about that a lot. on one hand one would think one's liberty at stake would be the one you take the most seriously. but for him, his political currency, his life currency is his brand and his business. he's been in this courtroom not every single day, bup when it counted he's been there, in front of the cameras. he's very clear he takes it very seriously for that reason. i would note there's still a liability factor, whether it's criminal and punishment and jail time or not, this case feels more real to him in realtime. it's more urgent. the ruling will come before the rest of these other trials even have a chance to begin. this one ought to feel as real as it does. >> lastly, in terms of the other criminal cases, the other criminal cases, whether he wins -- well, if he loses, they can be appealed up to the court of appeals and then up to the u.s. supreme court. what about a civil case? >> it can be appealed and oftentimes will. the basis for why you can make an inpen trabl case is to have credible findings. the appellate court looks at legal errors, not your factual credibility assessments. that's why this judge is so clear to credit testimony or not because you can't reverse on those. >> you can catch more of laura on "laura coates live" tonight if you didn't get enough. who possibly could have gotten enough? the next witness on the stand in this case is vm. she'll testify on wednesday. we'll look for that coverage as well right here on "the lead" as this contentious day wraps up. how donald trump is using this civil fraud trial and all the criminal cases against him to power these 202424 campaignsns. stay w with us. we're back with our law and justice lead. former president trump just finished speaking after wrapping up his historic and often combative testimony in the new york civil fraud trial against him. cnn's kristen holmes is outside the courthouse in new york. and gangel is here with me. how do trump's dramatic antics, whatever you want to call them, how do they coincide with his presidential campaign? >> reporter: jake, this is all part of a strategy in order to really shape the political narrative around these ongoing court cases. one, it's just lumping them altogether, even though this is brought by the new york attorney general and the other are state and federal criminal cases. this is to paint himself as a victim, a political martyr who is essentially only getting quote, unquote, persecuted because he's running for president because democrats or whomever his rivals are don't want to see him win his presidency again. i will tell you yesterday donald trump flew into new york, he had a prep session with his lawyers ahead of the testimony. the top of the conversation all day yesterday, and that's from sources who spoke to him, was all about those poll numbers, "the new york times" poll numbers we've been talking about all day. the reason that's important is when they see numbers like that, they believe their strategy is working. any advisor you talk to say they don't know exactly what this is going to look like just drum get the nomination. right now, particularly after seeing these polls, they believe this narrative around election interference or the two-tiered justice system or the fact that this is, quote, unquote, unfair, is working with voters. so they're going to continue doing it. >> jamie, what do you make of trump's tactic of being on the stand and being on the attack? >> donald trump knows how to behave in court. he's been in court a lot over the years. this was a strategy. there's no question about it. he knows he's already been found liable for fraud. this is not the way you treat a judge who is going to rule on the penalty. donald trump doesn't want to pay $250 million. he doesn't want to have his business dismantled. i think what you saw is someone, to kristen's point, who looked at those polls, these are polls that show he's beating biden in battleground states and he's looking at one thing. he's looking at next november. >> what are the political implications, do you think? look, he clearly thinks this helps him. if you talk to political consultants, they will say voters like a politician who is on the attack. there is no question if you look at donald trump he thinks that works for him. >> and the idea that joe biden is behind these prosecutions, even though there is no evidence at all that he's behind these prosecutions, whether new york or whether jack smith, the special counsel, et cetera, et cetera, there's no evidence, none. trump keeps saying it. does that matter? >> it certainly works with his base. you usually ask me a question, will anything make a difference? if he loses his business, will that make a difference? he has four more criminal cases. as far as his base is concerned and as far as the polls we've been seeing, he's going up. >> kristen, let me ask you, this trial is going on and the third debate is wednesday. do we think this will affect that at all? i think he's planning on not showing up for that debate? >> reporter: drum is holding his own counterprogramming event down the street from the debate, to take eyes away from the debate as he clashes with the rnc over those debates. he's continually said they need to stop holding them because he has such a significant lead. it's interesting when we talk about the dynamic between the ping-ponging that trump is doing now, going to court and then on the campaign trail and what we know for the next year. this is just the beginning of what will be a juggling act between his legal appearances and trying to run a campaign in 2024. one of the things we talk about a lot here is the fact that the political and legal messaging is one in the same now. that's also true of the scheduling and of the campaign. behind the scenes the legal team is working with the campaign team to essentially help him run for president in 2024, to give a schedule of when those trial dates are so the political team can work around that and schedule those campaign events. we're really talking about a mind meld of donald trump's legal issues and his ongoing trials, looming trial calendar and the political schedule. >> jamie gangel, kristen holmes, thank you. you heard trump calling prosecutors legal hacks. how do you manage a campaign against him? we'll get some expert opinion next. c'mon, we're right there. c'mon baby. it's the only we need. go, go, go, go! ah! touchdown baby! -touchdown! are your neighbors watching the same game? yeah, my 5g home internet delays the game a bit. but you get used to it. try these. they're noise cancelling earmuffs. i stole them from an airport. it's always something with you, man. great! solid! -greek salad? exactly! don't delay the game with verizon or t-mobile 5g home internet. catch it on the xfinity 10g network. we saw some democrats turn against each other with former obama adviser david axelrod, the question is president biden running for president for his best interest or the country's best interest. biden chief oftaff said this is the man who called biden mr. magoo in 2019. still at it. all this driven by new poll numbers not looking good for biden in his bid to stay in the oval office. jim messina served as obama's white house deputy chief of staff. we just saw donald trump leaving court despite his many, many legal issues, the latest "new york times" polling shows trump is not hurting politically. biden is the one struggling in battlegrounds. trump up 10 in nav nav, 5 in arizona, 5 in michigan, 4 in pennsylvania. how do you explain it? >> a couple ways, jake. the whole thing about polling this far out is silly. this time in 2011, nate silver put barack obama on the cover of "new york times" magazine and said he had a 17% chance to win re-election and he was toast. clearly president obama won handily over mitt romney. at this same time george bush, bill clinton, barack obama trailed. all of them ended up winning. right now people are comparing biden to the almighty. we haven't gotten to the binary choice you talked about earlier. next year when we're at that binary choice, that's when swing voters start to pay attention, not this far out. >> it's a pretty binary choice between trump and biden. trump is leading far and ahead. we just showed you polls between biden and trump. a plurality are picking trump. >> yeah, but you and i also remember the same polls showed obama trailing. there was a poll out week that had biden up seven nationally. not that i think that poll is any better. i think you can't poll this far out for a variety of reasons and just think it's going to be who is going to win the election. right now there's a lot of people pissed at the incumbent president, as they always are for a variety of reasons. i thought you framed it perfectly earlier, trump's behavior today in court whether it was smart politics or not, that's going to continue next year. it's going to continue to remind people why they got rid of him the first time because he sort of drives them crazy and they don't want to have that kind of circus. that will be a good moment for biden as well. >> axelrod is publicly asking the question we heard other democrats mentions, some from behind the camera, most behind the scenes, should biden stay in the race? he largely won in 2020 because trump was so disliked by swing voters. what do you think? >> look, i think the data really matters here. since world war ii, if one incumbent party hasn't run, the other party has won since 1988. we've already had the election of trump versus biden. biden knows how to stand up to trump. let's say that we get rid of -- biden decides today he's not going to run. we have a 20-way primary. we have no idea who is going to come out of that primary, and several months layer they have donald trump in the general election. is that a better bet than the guy who has already won? i don't think so. >> going back to "the new york times" poll, asking who is better in a democracy? biden is 48% and 45 for trump. two of trump's lawyers have now pleaded guilty in georgia for trying to overthrow the election there. biden only up by 3% on democracy, basically within the margin of error? >> the same poll democrats had a three-point lead overall? which party do you favor? i think that's about what that is. that shows you how split this country is. we really are split right down the middle. i don't care who the nominees are, this is going to be a super close election because those are the elections we have. people on that question, jake, are just going at their party ideology. the republicans are saying, sure she's great for democracy. democrats are saying, no, he's not. independents are sitting back here saying, oh, god, i don't even want to answer these questions. >> what are your concerns when it comes to how strongly biden is supporting the government of israel and the israel defense forces and the risk when it comes to losing the progressive vote, when it comes to losing the young vote, when it comes to losing the support of muslim and arab americans, especially in states like michigan? >> first of all, let's lead with the positive. ha is incumbent presidents in wartime often benefit politically because they look strong. you've written about this in the past. biden looks very strong right now and has been very clear. i thought his speech to the country was really, really well done. that's a good moment for any incumbent president. second, you can't really worry about base politics in the middle of these things. what i learned when i was in the white house with president obama, and we went through tough things, you've got to call balls and strikes. you've got to do what you think is right. obama used to say, i'll get the policy right, you guys get the politics right. i don't think the biden white house is worrying about that stuff in a general election context. i think they're just reacting to a very difficult situation and trying to be really, really clear with what they're doing. and more importantly, why. >> the other major issue not making as many headlines today but still a big factor we saw in the midterms is abortion. in this poll biden has a nine-point lead over trump in that issue. how do you see that issue motivating voters maybe in a way we don't see the effects of in this poll? obviously democrats are going to run on this issue in a major way when it comes to 2024. >> thanks for asking, because i think better than polling is actually real life political results. in special elections across the country this year in 2023, democrats performed 11 points better than historic averages or the polls. when you look at why, it is swing women all over the place going to them over thissish combru. that's partially why we had a much better 2022. so that, again, isn't baked in. people haven't started thinking about the abortion issue in a presidential context. you look at -- i think virginia tomorrow is going to be incredibly interesting for you and i to slice and dice. we've seen that in the kansas refe referendum, in the ohio referendum, where the democratic position did much better because it was swing women moving on abortion. >> we'll see tomorrow in virginia when it comes to the house of delegates. we'll see also in ohio, they have a different referendum to see how that performs. jim messina, thank you so much. will the new polls showing trump beating biden cause the white house and the biden campaign to change their messaging.g. we'll speaeak to former white house cocommunicatioions direct next.. stay witith us. welcome back to "the lead." despite or maybe because of the fact he's facing 91 felony charges. despite or maybe because he took the stand today and testified under oath in the civil case. despite or maybe because of the legal challenges, a poll find president trump leads president biden in five of the six battleground states. joining us jonah goldberg and kate bedingfield. you left the white house earlier this year. you heard jim messina say all this stuff, of all the precedence of people in this position and went on to win. still, i'm sure this is not the poll you'd like to read. do you agree with axelrod's take that biden should consider stepping aside maybe for the good of the country? >> look, i think david axelrod's point -- we're at the point in the cycle where we fall back on the clocks, and somebody comes out and says that the president should not be the nominee. i'm sure david axelrod will remember, in 2011 there were pollsters in november of 2011 who wrote an op-ed for the "wall street journal" saying barack obama should not be the nominee, and, in fact, he should step down and allow hillary clinton to take the nomination -- >> -- was it -- >> it was indeed. >> i guessed. >> a x of all people knows at this moment there's always going to be concern. look, was that a great poll for joe biden? of course not. of course not. there's a lot of that poll that shows what he's got to do is juice the base and claim his share of independent voters. fundamentally what that poll shows is actually not a surprise, right? which is our politics are incredibly divided and hyperpartisan. there aren't that many voters truly open to being persuaded. for the biden campaign, what they've got to do is focus on energizing the bate vote and taking that share of independent voters. let's not forget they have a year to make that case doond that. >> lest we forget, donald trump is not yet the nominee. it is still kind of difficult to imagine him not getting the nomi nomination, but it is still possible he will not. so far the 91 indictments against the former president have not hurt his campaign, maybe even have helped. if you were advising one of his rivals, nikki haley, ron desantis, whoever, what would you say? how can they get a leg up? >> fortunately i don't give a lot of advice to politicians. i try to keep my distance from them. i have the same attitude that research scientists has toward lab animals. you don't want to get too at tavpd. you've got to stick them with the needle. i think the thing about the poll, a year out is kind of crazy. this poll is it's the battleground states. a whole bunch of people have been talking about how national polls don't matter. it reminded people of sort of like, it was the show me where on the doll 2016 hurt you. it reminded people it's the electoral college that matters, not the general election. >> michigan, wisconsin, pennsylvania. >> the remarkable thing to me in the poll, almost nothing to do with trump gaining strength. trump's actual finish in the 2020 election is almost exactly the same as the findings in all these polls. his ceiling and his floor is unchanged. the people who voted for him are staying with him. all the problems in this poll is because biden is losing members of his own coalition, losing big chunks of his base, losing young people. i can make a really strong case that trump can't win. i can also make a strong case why biden can lose. the barack obama stuff, i understand why people say that. if biden is this week against this guy, a lot of people who turned trump into an existential panic thing are like, oh, my gosh, biden can lose to this guy. >> almost in a perverse way, donald trump has actually been -- he's receded a little bit to the background over the last few months. he hasn't been front and center, being donald trump, saying the most bombastic things he says. i do think as the campaign starts to heat up and the biden campaign has the opportunity to point to trump and say this person is aggressively threatening to take away your rights and freedoms. i think that will have the benefit of hiring up the biden base and drawing up that clear contrast which the biden campaign hasn't had that much opportunity to do, in part because trump isn't the nominee, as you pointed out, and also because he's been atypically quiet for donald trump. >> there aren't the contrast ads. i saw a lot of muslim americans and arab americans talk about how disappointed they are with president biden for his support for israel. yesterday "the washington post" reported donald trump and his allies have began mapping out to punish adversaries, naming individuals he wants to investigate or prosecute. this sen tirely credible. alyssa farrah was saying this before january 2021 that he was going to do this. >> before you asked me about advice for his opponents. one of the places you can go -- desantis is doing this, simply say, hey, look, the donald trump who said he was going to rely on federalist society judges, no longer cares about constitutional conservative judges, no longer cares about lawyers who will uphold the rule of law. he's now saying he wants loyalists and sycophants who will be out for retribution and little else. the problem is i don't know how much that works on a republican electorate that has changed its mind about what it wants from a republican nominee. >> sodium pentothal, do you wish there was a younger candidate at the top of the democratic ticket? even if it's joe biden age 70, gretchen whitmer, gavin newsom? >> no. i worked in his white house for two years. i worked for him when he was vice president. i've watched him navigate incredibly difficult challenges. i believe his experience and his wisdom are integral to the steady hand that he applies. look, would anybody -- are you asking would i want my favorite candidate to have zero vulnerabilities? sure, who wouldn't? jonah, would you want your preferred candidate -- >> mitch daniels, yes. >> there you go. of course you would. >> his vulnerability is he's not a candidate. >> other than that, mrs. lincoln. >> of course you would. i have seen him up close. i have watched him serve as president of the united states. he's the right person for this moment, and he's the right person to take on this campaign. >> kate bedingfield and jonah goldberg, thank you. what about elected democrats, do they share similar reservations about biden, the economy, the border, a war between israel and hamas. a democrat from a battleground state will join me next. as former president trump sparred with the judge in his civil trial and president biden is struggling in the polls in battleground straets, we turn to democratic congressman jared moskowitz of florida. thank you for being with us today. we heard from a handful of democrats, from david axelrod to congresswoman jayapal, all expressing concern about biden's run in 2024, especially after the latest poll numbers. do you share those concerns? >> i don't share those concerns. we should look at the poll. we can get into the data and figure out how we need to improve our messaging. we have a messaging issue in that we've got to continue to feed the beast every single, solitary day. one of the things we learned is that donald trump was on tv a lot. he got a lot of interviews in the last election. because of that, he got his name id. trump is on tv three times a day, four times a day sometimes, we're seeing it played over and over. joe biden has to get out there and we have to get our circuits out there. we have to message not just the young people. we have to explain what donald trump is going to do if he returns. i read an article of the 18 things he would do. some of them are outrageous, starting to deport people, muslim bans, absolute lunacy. >> one of the key issues historically motivating voters is the economy. while jobs and inflation are much improved. more than half of this poll by "the new york times"/siena college says current economic conditions are poor. that's a threat to democrats, especially to biden. >> it is. we can't tell people the economy is good or things are getting better if they don't feel it. go to the grocery store, food is more expensive. gas is more expensive than they remember, even while it's coming down. these are things affecting people's lives. rent is more expensive. doing anything right now is more expensive because of inflation. this is still the period outside covid when we saw things skyrocket. they went up super quick and they're coming down much slower. we've got to explain to people all the things president biden has done to help that along. yeah, people still don't necessarily feel it. there's no doubt about that. we've got to talk to them. >> your fellow house drk, congresswoman rashid that tlaib is accusing joe biden of supporting a genocide in gaza. she said from the river to the sea, she tried to explain on twitter what that call means. she's obviously mrain american. she says aspiration call for freedom, human rights, coexistence, not death, destruction or hate. i know there are a lot of people who disagree that's what from the river to the sea means, given the fact that there are extremists, terrorists like hamas who read that to mean to destroy israel. what's your view of what congress woman tlaib says. >> from the river to the sea means the destruction of israel. the final solution meant exactly what hitler meant. from the river to the sea is calling for the entire destruction of an entire country. period, full stop. the congresswoman has a first amendment right to say whatever she wants. at the same time congress has the ability to express their displeasure for a fellow colleague for the destruction of a country. what if we had someone walking around saying france should be wiped off the map? it's another ridiculous double standard when it comes to israel. >> she also said biden is supporting a genocide in gaza. >> listen, let's not be cavalier. there's a lot of suffering going on in gaza. if israel wanted to commit a genocide, there would be 500,000 people dead. they have the military to do that. that's not the case. she's using numbers given to her by hamas. hamas doesn't differentiate in the 10,000 people who have been killed, they don't differentiate between hamas fighters and civilians, they lump them all together. there's absolutely tremendous suffering, civilians, kids caught in this. that's hamas' fault. hamas knew israel would have an overwhelming response. now, i support humanitarian aid. i support pauses to get the hostages out, but there can be no cease-fire with hamas. instead, we should be calling for hamas to surrender. how about that? how about we call for the terrorist organization to surrender instead of a country like israel defending its people. >> it sounds like you're contemplating supporting a censure resolution against her if there were one? i assume you voted against the one that marjorie taylor greene. >> she brought up a censure having to do with an insurrection. >> of course it wasn't an insurrection. >> october 7th shouldn't be conflated with any other date on the calendar. >> if there were one more about what she just said -- >> if a censure comes on her misinformation about the hospital bombing which obviously we know was not true, that she continued to spread even after intelligence came out. >> congressman moskowitz, thank you for being with us. the judge said trump's legal team can plan to start presenting their defense one week from today. what trump's team may be considering as they see how today played out. a former member of his legal team with join us after the break. welcome to "the lead." i'm jake tapper. looking ahead to a big election day in america tomorrow. in virginia, can republican governor glenn youngkin chart a path forward for republican candidates that is not a trump path forward? in kentucky, can democratic governor andy beshear hold power in that red commonwealth? and will ohio voters continue the trend and establish a state level right to abortion? we'll get into the big races and issues driving tomorrow. also this ho