fredericka witfield. israeli forces fire new strikes at gaza as fighting resumes following a weeklong truce between israel and hamas. those strikes include targets in southern gaza. it's an area that remained largely unscathed during israel's initial assault of northern gaza. talks of a new truce have reached, quote, a dead end, according to prime minister netanyahu's office. israel blames hamas for the breakdown in talks and accusing the terror group of not fulfilling its promise to return all women and children being held as hostages. the idf says there are still 136 hostages in gaza, including 17 women and children. 110 hostages were released during the week-long truce. let's turn to our team on the ground, ben wedeman in jerusalem, oren liebermann in tel aviv. tell us the latest on these negotiations to bring the remaining hostages home. >> reporter: the negotiations have all but collapsed at this point as benjamin netanyahu ordered the mossad to pull back its negotiations team in qatar that collapsed early yesterday morning. the challenge, according to a source familiar with the negotiations, is over what exactly the terms of the agreement are and are there numbers left to continue what we've seen, which was the release of women and children. israel and the u.s. believe hamas was still holding enough women to be able to continue the release of women and children under the current agreement. hamas, however, insists it does not, trying to push negotiations into the next phase, which was supposed to be elderly men as well as soldiers, men and women. israel looking to stick to the current agreement for the release of women and children, believing e ing hamas held enou continue. hamas insists it was israel and the u.s. to blame for the breakdown in the talks. meanwhile, vice president kamala harris, who is in the middle east as part of a climate conference, spoke with the emir of qatar to restart negotiations, but it's unclear if those will gain any traction. >> it appears that the idf has jumped right back in with their attacks on gaza. what is the latest on the fighting? >> reporter: israel and hamas both said they were ready for fighting to resume, and it is absolutely what we have seen. the idf struck more than 400 targets it calls terror sites, those strikes coming from the air, sea and land as israel hits targets across gaza, the north and the south. we have seen a number of rocket launches, including most around gaza, but some have reached tel aviv. in the strikes in the jabalia refugee camp in northern gaza, there are reports of dozens dead there in a multistory apartment building. >> let's go ben wedeman in jerusalem. there is more suffering in gaza that's happening, because the strikes have picked up for civilians there, today a strike in northern gaza's jabalia refugee camp. what are you learning about that strike? >> reporter: it has been another very bloody day in gaza. this morning the arabic spokesman for the israel military put out a tweet, if we can still call it that, telling residents of neighborhoods to the east, northeast and north of gaza city, to leave immediately and to go to the main north/south street in gaza, because they would soon be in danger and to do it by 4:00 p.m. local time. but at 2:00 in the afternoon, there was an israeli strike on a six-story building in the jabalia refugee camp. this was a building where, according to eyewitnesss in the area, more than 100 people were living there, most of them displaced people who had to flee their homes in other areas. now, we don't have a precise death toll at this point, but medical sources are talking about dozens dead, dozens of women and children. later in the afternoon, there was a strike on a residential a area. dozens of people were killed in that instance. i can tell you i have spent the last few hours looking at video our cameramen have shot in hosp hospitals. the vast majority of the dead and wounded are children. jessica. >> ben, what about humanitarian aid? that was part of the truce agreement. now that that's expired, what is the status of aid getting into gaza? >> reporter: we understand that so far, according to the palestinian red crescent society, 55 trucks carrying food and medical aid have entered gaza. that's not very much when you consider that during the seven days of the truce, on average 200 trucks were entering gaza. prior to this war, it was 500 trucks entering gaza every single day. so 55 certainly is far less than what's desperately needed in the gaza strip. >> ben wedeman on the ground in jerusalem, oren liebermann in tel aviv. thanks to you both for that reporting. let's talk more about this with mark hurtling. thank for being with us. we just heard how the fighting has picked up seemingly where it left off, israel resuming strikes on gaza. where do you see things moving in the next few days now that this truce has expired? >> i think it actually has increased beyond where it was when we went into the pause. israel has conducted a lot of intelligence gathering during the period of the seven-day pause. they've not only received information from released hostages, but they've received information from captured hamas members, which gives them the ability to target quick ly and more accurately. israel is taking some advice from the biden administration in terms of limiting their strikes to certain areas. they're looking at the east, northeast and northern part of the jabalia and gaza city. they will extend that into other areas, most likely in the city in the center of gaza and even further to the south. israel knows that there are multiple tunnel complexes and subterranean maneuvers going on by hamas, and they're attempting to strike those vehemently with time-sensitive targeting and a whole lot of munitions from aircraft, mortars and artillery pieces. the fight is going to continue, and there is going to be increasing humanitarian trauma going on within the gaza strip. >> you mentioned how the idf is expanding operations into southern gaza. that's where thousands of the gazan civilians have fled after what happened in the north. we know secretary blinken said he underscored the imperative of the united states that the massive loss of civilian life and displacement of the scale we saw in northern gaza will not be repeated in the south. that is what he said he told the israeli government. what do you think the idf does with that information, that warning from the united states? >> well, as well as the gazans fleeing south based on the direction, during the seven-day pause, there was an advantage given to hamas, because they also maneuvered to the south, probably took some of their hostages with them. like i said a minute ago, the intelligence collection by israel has probably tracked many of those hamas fighters moving to the south, because they know that's where the gazan citizens are and they want to continue using those palestinians in gaza as the human shields. that has not changed. hamas has no respect for human life. they will continue to put those citizens up as human shields and attempt to draw the ire of the world community as israel conducts their operation. some of the warnings that the biden administration has given the idf and the israeli government is make sure your targeting is precise and it's not hitting randomly throughout an area. again, there are three major areas in the north being hit. i think what israel has proclaimed they're going to do is announce where they are going to strike and try and get the palestinians out of those areas as rapidly as they can. but at the same time, there are things called time-sensitive targets where israel has an intelligence on some kind of terrorist leader other cell and they will strike that. it's an extremely complex b battl battlefield. >> you mentioned how hamas has continued to show it will use human shields moving to the south where it knows a lot of civilians are. i want to ask you about the sway that the united states government will or won't have with israel and the choices it will make militarmilitarily. how much do you think it will weigh with israel? >> it is a tough question. that's the key to all of this, because israel has their strategic objective of defeating and destroying hamas. hamas has their strategic objective of killing jews and embarrassing israel. the united states has their strategic objective of trying to remain friends with israel during these very difficult situations, but at the same time avoiding a huge humanitarian disaster and the killing of innocent civilian. unfortunately, those three strategic objectives are in conflict with one another in terms of a war fight like this on the edge of israel. i believe israel has taken some of the advice from the biden administration, but at the same time there is a strategic objective of destroying hamas and that is not going to bend their will all that much. we've seen that even as the pause was getting ready to end, hamas went back up and started firing rockets back at tel aviv. all of those things are considerations of how do you stop this terrorist organization from killing israelis and at the same time avoiding the killing of palestinians. it's very challenge to do for any military force. a key national defense forum is happening right now in simi valley, california. defense secretary lloyd auction and cq brown are both there. jim sciutto is there as a moderator for this event. jim, with additional u.s. aid for israel now in limbo in congress, what are you hearing there where so many of these people that have a seat at the table are gathering? >> reporter: no question not only do you have senior military officials, but also have democratic and republican lawmakers here. here, there is unity that the u.s. needs to amp up not just to israel, but also to ukraine. those aid packages are tied to each other. in fact, i was just listening to senator joannie earnst saying it's a small minority in the house among republicans, the same group that brought down speaker mccarthy, that are standing in the way. there is enormous effort right now on the hill to get that aid package through and quickly to gaza and ukraine. there's some optimism that they will be able to get it through, but it's not there yet. there's a great deal of urgency because the war is raging in gaza and the war is still raging very much in ukraine. >> that's the thing. there is the israel aid and the ukrainian aid, all of it kind of wrapped up together. there's been talk about strastrait i separating them. that's not what leaders want on either side. what are you hearing about putting strings attached to any of this aid or the possibility that they would be separated, that maybe israel aid would move, but not ukraine? >> reporter: the plan right now is to do them all together. added into that mix is border security. there seems to be an acceptance even among democrats that to get israel and ukraine aid, there have to be concessions on board raising the standards for asylum seekers. those things are not typically connected, foreign and domestic national security issues, but they are in this case. it seems that democrats, even the biden administration, are increasingly aware there's going to have to be concessions on border issues. if you speak to border state democrats, there's support for those changes. i had a story yesterday discussing the latest western intelligence assessments that it's going to be a very tough winter for ukraine, that russia is going to try to break the will of the civilian population. there's urgency to get that assistance through quickly. they're not there yet. but optimism doesn't necessarily mean a final answer. there's still work to do. >> thank you so much. still to come, in a historic vote, the house expelled congressman george santos over ethics violations. also, later a federal appeals court paving the way for former president trump to be sued over january 6th. house speaker mike johnson says he believes republicans have the votes to launch a formal impeach inquiry of president joe biden. >> reporter: speaker mike johnson said he believes that the republicans will have the votes to launch a formal impeachment inquiry into president biden, which would be a significant move. we would have to wait and see if those votes would be there in the coming weeks. this comes after gop lieadershi and top committee members made the pitch behind closed doors to their republican conference. they've accused the white house of rejecting and stonewalling their efforts. take a listen to speaker johnson saying he believes the votes will be. >> a formal impeachment inquiry vote on the floor will take it to the next necessary step. >> do you have the votes to formally start an impeachment process? >> i believe we will. i suspect no democrats will assist in this effort, but they should. the facts are so clear, and the constitution requires the house to follow the truth where it leads. we have a duty to do this. we cannot stop the process. >> reporter: the white house has repeatedly pushed back on this. they've pointed to the fact that so far these investigations have not turned up any evidence of wrongdoing against president biden. they've described even this morning with a spokesperson on twitter calling it a baselessly and shamelessly politically motivated stunt. the white house was going on offense before this gathering of republicans to talk about the steps forward on an impeachment inquiry, the white house outlining interviews and transcriptions with various officials including within the doj, that there have been documents provided to investigators as they have been trying to look into these matters. >> thanks for that update. house republicans' very slim majority now even tighter after the vote to expel congressman george santos, now down to three seats. a scathing house ethics report laid out a litany of wrongdoings by the gop congressman. new york governor kathy hochul is prepared to fill the vacancy following the ouster. santos spoke to reporter as he left the house floor. >> did you know this was how it was going to go? >> i'm unofficially no longer a member of congress. i no longer have to answer questions. >> reporter: he didn't always answer our questions anyway,just for the record. joining me is polo sandoval in queens, which is george's district. what's next for his seat? >> reporter: you could see the former congressman's name on his office. that is obviously going to change here very soon. in terms of the process in place to allow the people to turn the page on what's been a very complicated chapter, the process itself is really quite simple. governor hochul now has ten days to announce a special election that's supposed to take place 70 or 80 days after that announcement is made. unlike your typical election, it would not be a primary that would decide the candidates. it would be party leaders at the county level that would bring forth a list of candidates that would eventually end up on the ballot. the pool is significant, everything from a retired police detectives to a war veteran. eventually constituents would elect the next person to represent this critical district. santos is one of four republicans that flipped districts that were traditionally blue. republican ves have a lot ridinn this process. we've heard them time and time again expressing frustration and anger. i asked residents what are they looking for in their next representative. a few words stand out, transparency, competency, professionalism and, above all, honestly. >> polo sandoval in queens, thank you so much. coming up, a serious legal blow to former president trump, a federal appeals court ruling the former president can be sued over january 6th. the power goes out and we still have wifi to do our homework. and that's a good thing? great in my book! who are you? no power? no problem. introducing storm-ready wifi. now you can stay reliably connected through power outages with unlimited cellular data and up to 4 hours of battery back-up to keep you online. only from xfinity. home of the xfinity 10g network. a federal appeals court ruling former president trump can indeed be sued in civil lawsuits related to the january 6th capitol riot. on friday the court rejected his claim that he has presidential immunity in those cases, the opinion reading in part, when the president, quote, acts outside of the functions of his office, he does not continue to enjoy immunity. when he acts in an unofficial private capacity, he is subject to civil suits like any private citizen. tomorrow a federal judge in his criminal case also rejected his immunity claims. he's a made a lot of these claims in various cases he has throughout the country. what did that judge say? >> two very consequential rulings yesterday. the criminal case filed here in d.c. by special counsel jack smith, the trial is scheduled for march, but before we get to that point, donald trump is trying everything in the book to get the charges dismissed and thrown out. so what he was arguing here was that he enjoyed absolute immunity. he argued that everything in the indictment covered actions that he took while he was the sitting president of the united states and, therefore, he can't be charged with any crimes. the only problem there is that the judge completely disagreed, resoundingly rejecting that argument, saying it's not supported by the text of the constitution, not backed up by supreme court precedent. she also said that wasn't the intention of the founding fathers. this 50-page ruling got into the federalist papers and alex ander hamilton and george washington's farewell address where they tried to make it clear they did not want the president to be like a king or above the law. let me read a quote from judge chutkan. quote, whatever immunities a sitting president may enjoy, the united states has only one chief executive at a time, and that position does not confer a lifelong get-out-of-jail free pass. strong words from the judge. this is almost certainly going to be appealed by president trump, maybe go all the way to the supreme court. they will have an opportunity to weigh in. the trial is scheduled for march. if no one intervenes between now and then and granted trump immunity or drops any of the charges, then it will be time for his first criminal trial. >> march of 2024, an election year. it is quite a story. let's discuss this further with former federal prosecutor michael zeldin. thanks so much for being here. the federal appdecision is bein heralded as consequential. how big a blow are these to trump's defense? >> well, they're two different cases, one civil for damages, one criminal for liability and fre freedom. both of them reject the notion that a president can be immune from civil lawsuits or criminal prosecution, as trump has asked the courts to do. so the one-two of this, that which unifies the two decisions is this question of can a former president be held accountable for his acts while in office. each court said what he did was not part of his official duties and, therefore, confers no immunity from prosecution or civil liability. it's a rejection of his fundamental argument that he is immune from anything, lawsuit, civil, criminal prosecution. we'll hear from appellate courts on the criminal stuff. on the civil side, it's pretty well settled that his argument had no precedent that supports it. >> we heard from judge chutkan in the federal case that she wrote that the job of president, quote, does not confer a lifelong get-out-of-jail-free pass. she's very clear in her words. >> remember, going back to the mueller investigation, one of the reasons that mueller said he couldn't bring charges against trump was because he was a sitting president and the office of legal counsel said you can't bring charges against a sitting president, because it would be too disruptive to the government. but, of course, once he leaves office, it's fair game. chutkan, following on that said, well, he's now left office, he's now fair game. mitch mcconnell in his speech at the time of the impeachment said the same thing. so it's pretty classic that when you are private citizen trump, then you are liable for the criminal acts that you un undertake, whether you're taking them now or when you were president. it seems pretty straightforward, but of course it's depending on the outcome at the appellate level. >> what do you expect from president trump and his legal team now? >> an immediate appeal. their position is very sort of radical in the sense that they say everything a president does, whether it's civil or criminal, is immune, period, full stop, and he cannot be charged with anything ever. that just does not comport with the tradition of our constitution. the framers of the constitution said exactly otherwise. but they're going to pursue this. of course, what is at the bottom of all of them beside the desire to win is the desire to delay. the scchutkan trial cannot go forward while this immunity claim is lingering. if they file a motion for the supreme court to hear it and they take their sweet time, that march day may be aspirational and not actual. >> she's really been trying to keep this on track and moving for forward. what, if any, impact do these rulings have on some of the other cases out there against the former president? >> it relates exactly to the types of questions that are being litigated in the courts of georgia, because those same questions of whether the president is immune from state prosecution apply there. so his lawyers in georgia just yesterday, i think, were arguing the same thing, that the president is immune from criminal prosecution for his acts while undertaken as president, and therefore, this rico georgia case should fail too. it's the same argument across the board that the former president keeps making that he has absolute immunity, everything he did is a free and clear get-out-of-jail-free pass. >> thanks so much. coming up next, police in los angeles are looking for a killer believed to be targeting homeless people. los angeles officials say a killer is on the loose and is targeting the city's homeless after three people were shot and killed earlier this week. the city's mayor is warning residents to be vigilant and to stick together. >> this is a killer who is preying on the unhoused. our message to the unhoused community is clear. do not sleep alone tonight. >> cnn's camilla bernal is joining us from los angeles. what is the latest there? >> reporter: so authorities believe what happened here is a person shot three unhoused people while they were alone. all three of them are believed to have been killed while they were sleeping in an open area, whether that be a sidewalk or an alley, and all in nearby areas here in los angeles. the first incident happened on sunday at around 3:00 in the morning, the next one happening on monday at 5:00 in the morning, and the third wednesday at around 2:30 in the morning. authorities telling all of los angeles to be careful and if you have family members, to reach out to them if they are living on the streets, because they do not know whether this person could kill again. they say this is a person who attacked the unhoused population, shooting them and just walking away. authorities did release a photo of a man they believe is responsible for this. they are asking for the public's help to try to nail this down. this is, of course, a city that houses one of the largest unhoused populations in the country. it's part of the reason mayor karen bass is telling people to be vigilant, not to sleep alone at night. she was encouraging people to seek help, to seek shelter so they can avoid something like this happening to them. she says this is extremely difficult for an area that deals with a lot of people who are unhoused. she's saying this takes sort of a village to overcome. they have created a task force that is currently trying to figure out who this person is and gather evidence to identify a suspect. in general, they say they don't know why this person is doing this, but they are clear this person is targeting the unhoused population. she was the first woman on the supreme court, former justice sandra day o'connor has died at the age of 93. we'll have a look at her life and legacy just ahead. dear moms and dads, what you have achieved here today is going to help us and our futures. it is why we're coming up on stage to collect your diplomas. mom, love you always. vo: when you graduate, they graduate. visit finishyourdiploma.org to find free and supportive (car engine revs) adult education centers near you. (engine accelerating) (texting clicks) (tires squeal) (glass shattering) (loose gravel clanking) former supreme court justice sandra day o'connor died friday at the age of 93. she was the first woman to sit on the supreme court after being nominated by president ronald reagan in 1981. she decisively voted on a number of controversial cases. talk us through what you think sandra day o'connor's legacy is. >> first, let me give my condolences to her family and friends. she was a inspiration to every woman who has heard the word no. she integrated a space where women were not welcome. while her legacy as a judge is complicated, i think she was a well respected jurist with a brilliant legal mind. she opened the door for women to join the court after her. we owe her a debt for everything she did to bring women into that space. >> we know that o'connor's 1992 opinion in the planned parenthood versus casey case and affirm action in 1993 were overturned by the court in the last couple of years. does that tarnish the impact that she had on the court in the sense that those pivotal rulings were overturned? >> i don't think it tarnishes her legacy per se. it may tarnish the legacy of the court overall. it reflects how crucial she was as a swing vote and how difficult it is to say she was to the right or the left. in planned parenthood versus casey, she reaffirmed roe's commitment to recognizing the right to terminate a pregnancy. at the same time the decision made it easier for states to regulate pregnancy at the outset. in some ways it recognizes the right to terminate a pregnancy, but it also enlarged the power of the states. maybe the sign of a good justice is one that issues decisions that really please no one. she definitely had some decisions that were complicated. another space in which her legacy is probably more complicated is the democracy space. she was the last person to seserve on the supreme court who had been elected to public office. i think that formed her views on gerrymandering, where she treated it as the spoils of having the majority in office. at the same time she cast one of the decisive votes in bush versus gore, which ended the 2000 recount. that decision went onto arguably politicize the court and involve them even more in political disputes from then on. her legacy is definitely complicated, but i wouldn't say it's necessarily tarnished by what the current court is doing, even if it has the effect of undermining her decisions. >> i know you're interacting with law students all the time. how do they study her time on the bench? >> i'm interim dean now, so spending less time with law students. i miss them very much. but i do think when i taught constitutional law and election law, justice o'connor featured prominently in many of the cases that we read and studied, in part, because she was the quintessential swing justice. we talk about chief justice roberts serving that role now, but i think justice o'connor paved the way. she would layout what she thought the majority opinion stood for. there are no many justices who are brave enough to do something like that. justice o'connor does feature prominently as an example of what it can mean to be a supreme court justice and an effective one. >> thanks for your thoughts and reflections. we appreciate it. >> thank you. we have a quick programming note. you can follow the incredible story of how $24 million was stolen in the mcdonald's monopoly game during the 1990s. it airs tonight at 8:00 on cnn.
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