>> here's an idea, on security footage, bladder the faces of the folks invading the capital on january 6th so authorities cannot track them down. guess who said that today? the league starts right now. >> they have participated in the events of that day, we don't want them to be retaliated against. to be charged by the doj. >> what? that is speaker of the house, you like to stand in the way, the way we identify criminals. now his office is revising those remarks plus how federal prosecutors plan to use donald trump has continued support. the rest of the presidents in court, warnings of an apocalyptic situation in gaza as israel takes intense deadly aim. welcome to the lead with jake tapper, we start with our law and justice. the new impact of the january 6th insurrection on trumps legal and political future. federal prosecutors say they plan to use drums continued with these lawbreakers against him at trial. the justice department saying the fact that trump continues to celebrate and support the insurrection is. he his intent was to commit federal crimes, trump quote sent supporters including groups like the proud boys who they knew were angry and now calls patriots. to achieve the criminal objective of obstructing the congressional certification, after a stunning comment by house speaker mike johnson, republicans have not yet released the full capital security footage from january 6th as he promised his right flank. they are busy store blur -- still blurring the face of people to protect them in part from prosecution. >> we're going through a methodical process of releasing them as quickly as we can, we have to blur the faces of persons who participated in the events of that day because we do not want them to be retaliated against. >> what? in response to understandable questions, that is speaker johnson's comment. trying to pretend that the speaker did not say what we all heard, they tried to pluck out the comment about parenting doj from prosecuting them. faces are to be blurred from public viewing to prevent all forms of retaliation against private citizens for many nongovernment all actors. the department of justice already has access to raw footage from january 6th, 2021" . more than 100 people have been charged for their actions on january 6, more than half have pleaded guilty or found guilty at trial. let's bring in cnn and former federal prosecutor, elliott. what we are talking about has been a central part of trumps 2024 campaign. continuing to live, the election of 2020 was stolen. >> he remains a clear and pleasant danger by continuing to say these things, i think this really is an extraordinary glimpse at certainly a part of the special counsel's case. it speaks to intent, the charge about conspiracy. i spoke to some legal experts, we can talk about this more. the former justice department lawyers who said they read this as the special counsel likely has evidence, testimony, witnesses that we don't know about yet which is something we have been wondering about. >> they want to use trumps continued comments about rioters, the judge has to decide if it is going to be allowed, do you have any idea of how she might rule? >> i do think the judge will admit this evidence at trial, it goes to the core legal issue with the trial which is donald trump's intent, let me explain how that plays out, prosecutors will say the intent was to steal the election by any means necessary, right or wrong, legal or illegal. trumps lawyer will say he was practicing his his lawful right to contend the election. people have been convict who were on videotape convicting crimes, if the publicly stated position is and has been i support them and approve of what they did, that's the prosecution's intent. i think this will come in and be powerful evidence. >> what do you take of his comments today? his office said he misspoke, i don't know, that is an interesting excuse. >> he's a lawyer, he said what he said, i think we should repeat those final words, he did say retaliated against and charged by the doj, the speaker of the house in those words is saying straight out that he wants to protect people who potentially did something illegal that day, from the doj, people who may have attacked law enforcement, what happened to the rule of law party? i think that what is key is what you mentioned at the top which is doj has seen this footage, if there are people who need to be prosecuted, maybe they have not identified everybody but they have seen the footage, i think it was a stunning thing for him to say. >> when it comes to retaliation, these people are adults, almost all of them, 1200 of them have been charged or pleaded guilty. is there any legal reason to blur their faces, forget the doj part for one second, they are criminals. >> there is no legal justification to blur the faces whatsoever. it would get in the doj's way, we tried to backtrack and say we are worried about private retaliation, that is nonsensical, to be clear, what mike johnson said, i'm going to blur these people's faces so they cannot be identified and prosecuted even though they are on video at the scene of a crime, this is by analogy, what if mike johnson had surveillance video privately held of a bank robbery, before i release this, we need to redact the faces of participants because i would not want them retaliated against. what mike johnson is calling retaliation, doj calls identification and prosecution. >> let's bring in a democratic congresswoman, and republican former congressman adam kessinger of illinois. both served on the january 6th select committee, let's start with the news from the special counsel, they want to use trumps continued support for writers of january 6th to help prove he intended to inspire violence that they, how might this potentially bolster the prosecution's case? >> i will leave it to prosecutors to discuss the rules of evidence, the former president has made it clear that he stands with law violators and the rioters. he intended the right to occur, his behavior before, during, and after the riot is all of one piece, he was for violence to overturn the government. >> former congressman, what's your reaction, do these statements shed light on trumps intent before the riot given he's continued to talk about these individuals being patriots and deserving pardons? >> completely, he calls them political prisoners, what is it like, three weeks ago he opened up a rally with these quote unquote political prisoners singing the national anthem and everybody was saluting, he called for the execution of general millie. this is in contrast to there is still this flavor of people that believe it was the fbi that did january 6th, you will hear sometimes it was an anti- for -- nt 5, some peaceful people who got wrapped up in everything, then why is the former president calling them heroes and why is it that speaker johnson wants to protect faces if it's the vi and if it's antifa, it's obviously not and it shows the mentality of we have to protect our tribe, our side because this is not about defending the constitution, it's about gaining power at all costs, you're seeing that manifest now. >> what did you make of speaker johnson's comments clearly say he want to blur faces of writers before releasing the footage to read -- protect them from retaliation not only from the general public but from the department of justice, his office putting out a response that he meant only private citizens, that's not what he said. >> basically, it tells me two things, one, he's trying to protect criminals, this is really obstruction of justice, he's a bozo, doesn't he realize that all of this video is already being shared with the fbi? >> congressman kessinger, that's his excuse for why he did not mean what he said, of course the doj already has that, how could he have meant he was hiding it from the doj? >> you fully meant everything he said, he thinks things through when he says them, here's the thing in his mind- set, the right flank is getting upset because he has not released everything, he's throwing them a bone and saying i'm trying to protect them from that evil doj, he meant every bit of it. again, the idea you have to blur any faces. if the fbi did this which again, not on cnn but on other networks, you see this surviving constantly, this theory that there is an fbi thing. wouldn't you want everybody's face, if you're an insurrectionist, the second you cross that police line, the second you got to washington, d.c. you know your on camera. you broke the law by occupying the capital and trying to stop certification, there's not a single person that would have assumed the right to privacy covers their face when they do that kind of damage, they knew darn well what they were doing if you look at videos, many of them if not all of them are proud of what they are doing, to say you have to blur it out is insane, private retaliation is insane because they publicly broadcasted it themselves. >> i just want to ask you, he's indicated there will likely be a vote scheduled next week on -- going forward with impeachment inquiry when it comes to president biden next week likely, what do you think of that? >> it's bizarre, there is no evidence whatsoever, it's a clown show over there in the oversight committee and just the word about mike johnson misspeaking, i served with mike for many years, he speaks his mind very carefully, i never heard him misspeak, he's very direct, i generally don't agree with them but the idea that he misspoke is really -- not credible. >> congressman? >> i agree, it's fully non- credible. there is no doubt in my mind, particularly with this impeachment inquiry, can i say the big blockbusting information today was that hunter biden paid jill biden back for a truck loan, that's what you will impeach on? joe biden was a good father? every one of us in our lives is gone alone from our parents we paid back, to see james comer saying this is the smoking gun when neither of them were in government. i said this early on, they have to impeach joe biden, the pressure will be too great, it doesn't matter what they find or don't find, they will open impeachment inquiry, i would be surprised if they did not impeach them on nothing. >> thanks to both of you, as the nation looks ahead to 2024, one group in several battleground states could impact the states. john king went to those states, he's next with the latest edition of his all over the map series, a new detail about breached doors and gunfire right before a house exploded in northern virginia, not far from where i'm seeing them, stay with h us. we are back with our 2024 lead, it's a state that's going for democrats in the fast -- past four presidential elections, now it can be up for grabs, a lot of that has to do with who now populates the state, latino voters in nevada, they make up 30% of nevada's population, how are they feeling about 2024? >> a lot of them are shopping, that simple fact is not good for president biden, hillary clinton won the story -- just over two points, it would not take much of a change in latino voters to shift read, since barack obama came on the scene, it's gone blue. listen to this boater, now he has his own restaurant in las vegas, he's an independent and wants to shop around. >> his spirits were a small slice of the population when he was a boy who admired ronald reagan, more than 30%. >> it is crazy the political power hispanics are creating in the state of nevada, they have gone democrat in the last few elections, if you look at it today, it's right there, 50-50. >> our vote has been taken for granted. >> the former democrat who worked for the teachers union. now a republican with one divining issue -- defining issue. >> your son is how old? >> six. >> you won't send him to public schools? >> you work with hispanic families for 15 years and i have seen it, firsthand, how teachers have classrooms that are overcrowded, they can barely get to them. i will vote for the candidate that supports my views on a school choice. >> in 2020, that was donald trump with reservations. >> i will never condone racist comments towards my community if that's the question. >> she hopes the gop makes a new choice, >> i like ron desantis because of what he has done in florida, i would personally love to see nikki haley to have a woman in the white house. >> inflation and interest rates worries sanchez, she told holmes in las vegas in the suburbs. her voting history tracked nevada shift blue, democrat in the past four presidential elections, still a registered republican, her first and second votes went to george w. bush, she liked the idea of lower taxes missed with compassion and talk about immigrants. >> it does not exist anymore. >> would you like it to? >> i would love it to come back. >> she said if it is biden trump, she would vote biden because she cannot stand the way that trump talks about immigrants, if it is nikki haley, she goes that way. there's a bit of a caywood -- covid hangover, the highest in the nation, 30%. a lot of latino parents and their kids fell well behind when schools were closed, people are frustrated, anxious, shopping no democrats say give the a president an opponent, he has labor union support. at the moment, there is a problem. >> this is the first presidential election without harry reid. he had nevada democrat -- nevada wired. it is not just nevada that latino voters will impact, tell me another state where that's a huge voting law. >> it may not be huge numbers, when you think about how close the states are. nevada 30%, in arizona, it's 32%. in georgia, 10%. in your commonwealth of pennsylvania, 8%. it does not take much on the margins, a little movement among latinos, if biden's numbers fall, very close battleground states, it's all in the margins, do republicans win the latino vote? they need to boast -- boost numbers a little bit. >> we see republicans gaining with minority groups, they don't need to win them, and they need to win more of them. >> all settled in the margins when you think about wisconsin, 20,000 votes, pennsylvania out of nearly 7 million cast, only 60,000 votes, it does not take much, there's time, this is what the white house will tell you, in each of the key foundational pieces of the biden coalition, we are finding softness and weakness. >> you can see more of johns fantastic all over the map reports at 8:00 p.m. eastern only. this programming note with fewer of -- then six weeks, hosting two town halls next week on tuesday, i will moderate a conversation between florida governor ron desantis and the republican leaning voters of iowa. then on wednesday, cnn abby philip takes the mic with vivek ramaswamy, look for both at 9:00 p.m. eastern only on cnn, we will stream them on max, cnn.com and of course cnn mobile apps. last night, the spokesman for the israel defense forces, i told erin burnett that killing two palestinian civilians for every hamas militant would be a tremendously policy -- positive ratio for the challenges that brings. next how he wants to clarify that,, stay with us. nice footwork. man, you're lucky, watching live sports never used to be this easy. now you can stream all your games like it's nothing. yes! [ cheers ] yeah! woho! running up and down that field looks tough. it's a pitch. get way more into what you're into when you stream on the xfinity 10g network. in our world at the u.n. warns of an apocalyptic situation in war-torn gaza adding there's no place safe for innocent civilians as israel's military moves further south, the government a military of gaza which invaded and attacked israel on october 7th. southern gaza is the area where thousands of displaced palestinian civilians are already taking refuge. of course, hamas is seeking their own safety by fleeing into the crowds of innocent civilians, using their bodies to shield them. cnn's jeremy diamond reports, the only option left is to accept death. >> tonight, the israeli military pushing deeper into southern gaza not on the brink of what could be a decisive battle in gaza second-largest city. >> translator: our forces are now encircling the area in the southern gaza strip. we have secured many hamas strongholds in the northern gaza strip and are now operating against its strongholds in the south. >> local accounts describing intensive israeli airstrikes in southern gaza as satellite chemistry -- imagery shows dozens of israeli vehicles on the outskirts of han eunice with tracks on the ground indicating an israeli push in the east, worsening a humanitarian situation, the evacuation orders are pushing hundreds of thousands to move even further south to the city of rafah where the u.n. is not able to provide for hundreds of thousands of new internally displaced people. in the city, nearby artillery fire forcing an ambulance to flee the scene. new images of the stretch -- destruction from multiple strikes in the same city where spokesperson for the nearby hospital said more than 90 people were killed in at least 130 injured, these were the latest strikes resulting in apparent civilian casualties as a report says the military assesses about two civilians have been killed for every dead hamas fighter prompting this response from an israeli military spokesperson. >> if you compare that ratio to any other conflict in urban terrain, between a military and a terrorist organization using civilians as human shields and embedded in the civilian population, you'll find that ratio is tremendous, tremendously positive and perhaps unique in the world. >> as it pushes south, the israeli military says it's going after top hamas commanders including belize or in gaza. >> translator: many ask about the destruction in gaza, hamas is the address, he's the address. >> amid the southern offensive, the israeli military reporting intense battles with hamas militants in the north where the fight for control is far from over. >> jake, tonight the israeli prime minister is raising the specter of the israeli military remaining after the war ends up saying the day after the war with hamas ends, it is the israeli military that should be responsible for disarming the gaza strip, single international wars is capable of doing so once again suggesting israel could play a role as an occupying force, something the biden administration has sought to discourage. >> coming up, tense exchanges on capitol hill when lawmakers confront three prestigious university presidents about anti-semitic incidents on campus, the ideology that they say is feeling it, stay with us. presidents of three of the most prestigious universities in the world address concerns that universities are not doing enough to protect students from a wave of anti-semitic incidents and sentiments on their campuses since the october 7th attack by hamas on israel, just last week, the anti-defamation league found 73% of college students witness some kind of anti-semitism since the beginning of the school year, cnn filed this report. >> after the events of the past two months, it is clear that rabid anti-semitism in the university are two ideas that cannot be clear from one another. >> presidents of harvard university of pennsylvania, and m.i.t. facing tough questions about how they have responded to anti- semitism on campuses since the start of the israel hamas war. since the october 7th hamas terror attack on israel, hundreds of students on campuses across the country have held antiwar protest in some cases using charge language and at times turning violent. >> i have a friend who has a son that goes to the adversity of pennsylvania. right now, he's physically afraid to go to the library at night. could you give us your reasons as to why that is true in pennsylvania, why today, the jewish student is afraid to walk to the library. >> i'm devastated to hear that. >> the department of education has opened an unprecedented number of investigations into alleged incidents of hate, pen and harvard among them. >> can you tell us why the university did not react as quickly as other universities? >> the notion the harbor did not react is not correct. from the moment i learned of the attacks on october 7th, i was focused on action to ensure students were supported and safe. >> there were multiple marches with students chanting there is no solution to father evolution and global lies. is that correct? >> i've heard that thoughtless, reckless and hateful language on our campus. >> do you believe that type of hateful speech is contrary to harvard's code of conduct or is it allowed? >> it's at odds with the values of harvard. >> the focus of much of the day's questioning, the fine line between allowing freedom of speech while at the same time protecting students who feel threatened by the language. >> if you're talking to a prospective students family, a jewish students family right now, could you look them in the eye and tell them that their son or daughter would be safe and feel safe and welcome on your campus? >> we are absolutely committed to student safety. all of these university presidents also made it a point to tell the committee that they are also seeing a rise in islam a phobic incidents on campuses, they are saying they will both work to solve issues of anti- semitism and islamophobia, they also went on to list things they are doing to make sure students to feel safe including increased security on campus. >> thanks so much, let's bring in the ceo of the american jewish committee and ted, pres unequivocally condemned anti- semitism in the hamas attack, they also acknowledged their challenge of fighting anti- semitism while also being able to protect free speech. free speech is important and true. the voices of some to silence others allows those marching, chanting violent slogans, calling for the elimination of israel, calling for terror activities. that's what from the river to the sea means, when that type of language silences jewish students and puts them at risk, then the university's statements about condemning anti-semitism are not enough, they need to enforce their codes of conduct, they need to take bold action to keep students safe. >> she can only imagine how terrifying it is to be a jewish woman on any three campuses, then she shared this story, take a listen. >> just last night, a jewish student from m.i.t. wrote to me she felt fearful and was forced to leave her study group during her exams because someone in her group told her that the women of the nova festival deserved to die because they were partying on stolen land, there have been no real action to hold anti- semitic students accountable, they should be expelled. >> what's your reaction do you think of somebody expresses the belief that somebody should try -- deserves to die, they should be expelled? >> i think the universities have codes of conduct. included in their codes of conduct are the expectations that students will behave in a way that will not put others at risk and won't interfere with the education process, it will not silence the voices of others when you run around advocating speaking out into half of the horrific terror attacks, supporting hamas that slaughtered over 100 israelis and injured thousands more, there should be action taken. the university presidents all talked about how they don't support bds, an effort to distance from israel, they do not support it because they are speaking in the name of academic freedom. there will be no academic freedom, there will be no viewpoint diversity if universities simply allow voices of those advocating for terror or to speak freely on campus without any repercussions, this is a question of fairness and whether the universities in the long-term can maintain that viewpoint diversity that they claim is the hallmark of higher education, if they allowed this kind of behavior to continue, it won't be. >> this week, columbia university, a student group that calls themselves the columbia social workers for palestine promoted a teach in on campus grounds where they quote will discuss the significance of the palestinian counteroffensive on october 7th and the centrality of revolutionary violence to anti- imperialism, columbia has stopped the event from taking place on campus but just to be clear, this event is calling what happened on october 7th the barbaric slaughter by hamas of innocent children and women, and civilians, grandparents, they're calling it a counteroffensive and they are celebrating it, i guess the question is where is the line between free speech and that speech that should result in some sort of punishment because it is a university environment, it is indifferent, in ways from the real world. >> well, you know jake you are right. it is different, you know how it is different, it's a free exchange of ideas. when you allow people to walk around campus spouting statements, calls for violence, calls for not just the destruction of israel but support for what hamas did which was to massacre jewish people. the free exchange of ideas will never take place if universities don't act to stand up in support of the students, all of the students on campus, then universities in america will be forever changed, this would never be tolerated, this would never be tolerated if people were advocating violence against any other group, it cannot be tolerated and people are marching and advocating for violence against -- jews . a powerful explosion destroying a house in northern virginia just outside washington, d.c., the pole now say about the man who barricaded himself inside in the gunfire moments before the blast. indicted the alaska airlines pilot who allegedly tried to shut down the engines of a passenger flight, pete, what is the latest here? >> significant for two reasons, joseph emerson, of california was on board the flight in the cockpit jumpseat of the alaska airlines flight on october 25 when police say he essentially tried to kill the engines of the plane, what is happening now is in oregon grand jury has indicted emerson on two parts, endangering aircraft, 83 counts for each person on board the plane of recklessly endangering another person, what is significant is he was not charged with attempted murder for each one of those people, celebrated by the defense attorneys. and the conspicuous timing, what is happening tomorrow is a national transportation safety board roundtable on pilot mental health, something that has been thrust into the limelight after this incident. today the federal aviation administration said it is something it will look at and possibly redo some of the rules jake. >> thank you so much, a violent and to a plea standoff monday night, when suddenly. a virginia house, with the suspect still inside blows up, burst into flames and sends debris everywhere. police were trying a search warrant at the time, gabe cohen is in arlington virginia where this happened. what in the world happened here? >> jake, that's one of the big questions, what caused the explosion and was intentional. police are still trying to figure this out, as investigators continue to sift through what is rest -- left of the house, the pile of rubble behind me, the extent of the damage, the roof caved in and the car burned out in front of it, they had been at the scene for more than three hours before the explosion, they say james was holed up in his home, that home, firing flares, 30 or 40 of them, into the neighborhood. said they made contact and little communication, and eventually breach the door and fired chemical musicians, and they say he fired a gun back and shortly after that the home explodes. jake again, we don't of the cause, the fire department says they had shut off gas to the house even before the explosion, so a lot remains a mystery tonight. >> what more do we know about the suspect quick >> again, 56-year-old james yu lives inside the house and law enforcement said they had not had any contact in recent years with him, the fbi told us they had been reached out to buy him several times, phone calls and emails claiming that people were defrauding yu. here's with the fbi told us earlier today. >> the individual referenced had previously indicated with the fbi, five phone calls and online tips and letters over a number of years. i would characterize these communications as primarily complaints about alleged frauds he believed were perpetrated against him. >> our team has found that james yu had a linkedin page where he had posted several incoherent ramblings and conspiracy theories about law enforcement and politicians and neighbors, who he claimed were spies. that's part of the investigation, we're learning more about him tonight. >> in arlington, you so much. coming up, brandon comments from president biden and a single factor he says that is pushing him to run for reelection in 2024, stay with us. you're probably not easily persuaded to switch mobile providers for your business. but what if we told you it's possible that comcast business mobile can save you up to 75% a year on your wireless bill versus the big three carriers? it's true. plus when you buy your first line of mobile, you get a second line free. there are no term contracts or line activation fees. and you can bring your own device. oh, and all on the most reliable 5g mobile network nationwide. wireless that works for you. it's not just possible, it's happening. welcome to the lead, i am jake tapper, gripping new testimony, former hostages of hamas, torturous conditions, no water, and some hostages say they were drugged by the terrorist group before their release. a cascade of warnings on capitol hill, lawmakers hearing about a number of security threats in ukraine, israel and along the u.s. border. fighting over how the u.s. should handle the threats . a stunning admission from president biden, he says if donald trump was not running for president in 2024, he's not sure he would also be in the race, his comments at a fundraiser in boston. that's bring in our political commentator, a incredibly candid admission, what you make of it? >> there is no doubt that trump is a factor in his thinking about running for reelection but as he is want to do, kind of reveals the innermost thoughts, what we're seeing here is a clearly defined rationale for president biden with the rationale, the standing not that great with age and concern amongst democrats that he's the best candidate to put forward, what joe biden is making clear, he clearly things, he said also democrats can't let trump win, he thinks he is the single best democrat to be able to defeat donald trump because he did