>> bill: good morning. major story to watch this hour. will the cease-fire come to an end in the middle east? we're awaiting a critical deadline as the biden team pressures israel to change tactics in gaza after the president pledged unwavering support. the question today what changed on that? good morning everybody. 4:00 in the afternoon in israel. welcome to our coverage live in new york city. i'm bill hemmer. >> dana: i'm dana perino and this is "america's newsroom." the u.s. is urging israel to go with greater precision. mounting civilian casualties that ignited a wave of demonstrations. protestors plan to flood the rockefeller center tree lighting tonight. >> bill: imagine the scene we'll see later. negotiators working to extend a truce now lasted six days. hamas releasing ten israeli hostages yesterday. we're expecting 10 more today. the families victims say the process has been nothing short of a living nightmare. >> she was in complete darkness. she had to adjust to the sunlight. she was walking with her eyes down because she was in a tunnel, not used to the daylight. she wasn't aware until the last moment she would be released. >> bill: first completes owe get to the region and the headline. nate foye has that for us in northern israel. hello again, nate. >> bill and dana, good morning. israel has a list of 12 hostages that are set to be freed by hamas later today. it includes ten israeli women and two women who hold dual citizenship in israel a russia. a gesture to russian president vladimir putin coming after a fifth consecutive prisoner hostage exchange last night. look at this video. it included nine israeli women as old as 84 as well as a 17-year-old israeli girl being released. she was seen clutching the family's dog throughout her time in captivity while being handed over to the red cross. 30 palestinian prisoners released as part of the deal. two foreign workers also released from gaza. today families again wait to see if their loved ones will be released in tonight's exchange hoping for the overwhelming relief and joy that this mother felt when she learned her two children were set to be released on monday. watch this. >> [cheering] >> the joy of coming home is unfortunately also coming with horror stories. the aunt of this 12-year-old boy, who was released on monday, said that he was forced to watch the october 7th attack on video at the hands of hamas terrorists who also beat him. some good news to pass along. 4-year-old american girl is out of the hospital and staying with family after her release on sunday night. an estimated 8 or 9 americans are still being held by hamas and something the white house is working to change. >> i think it's for to remember a couple of things. the pool of americans is very small. the pool of americans that qualify right now, women and children, is smaller still. >> bill and dana, that's something that american representatives are trying to negotiate again in qatar today as well as extending this cease-fire. they are negotiating not only the possibility of americans being released but also now israeli men as well as idf soldiers. at this point, for every woman or child hostage, israel has had to release three palestinian prisoners. so we'll see if that number changes if they can strike a deal at some point today. send it back to you. >> bill: nate foye in northern israel. >> dana: let's bring in sabrina singh from the pentagon. a question what appears to be a request or maybe a demand from the biden administration to israel about changing the tactics. is there any reason for the pentagon to believe that the israelis have not followed the rules of war? and if not, then why demand a change from washington? >> thanks for having me on today. look, our support for israel remains and is steadfast. we continue to flow aid into security assistance aid into israel as they conduct their ground operations in gaza targeting hamas leadership and hamas fighters. as they move or focus their operations to the south, you have to remember that israeli officials also told civilians in gaza to move towards the south to flee from their operations in the north. so any operations that they do in the south might look a little different from how they were one ducting them in the north. we aren't telling them how to conduct their operations. this is an idf mission and they are in control of how they conduct their operations on the ground. >> bill: we see numerous reports about the u.s. urging israel to change tactics. is that not true? >> again, what we continue to do and our calls with our israeli counterparts, the secretary has near daily calls with the minister making sure the israeli government and idf forces are upholding as always as all of our partner nations and allies should re should, up holding humanitarian and precise when it comes to targeting hamas. the israelis do that on the ground and continue to urge them to do as they might or if they do change the course of their operations. >> bill: maybe i can rephrase the question then. up until this point, the president has given his full throated, full pledged support for the israeli mission to take out hamas. has that changed from a u.s. perspective? yes or no. >> that has not changed. we're fully supportive of our partner and ally in israel. we continue to flow security assistance into israel. again, what they have requested from us and what we continue to provide them are precision guided munitions and air defenses. it continues to flow to israel as they conduct their operations on the ground in gaza. of course, the israelis are taking into account innocent civilians. that's why again in all of our calls that the secretary has with his counterpart we continue to urge for the protection of innocent civilians wherever they are in gaza. we have to remember, hamas does not represent the palestinian people and they shouldn't. the palestinian people deserve true leadership and again hamas really should be rooted out from within gaza. >> dana: is the aid we're giving conditional on the change of tactics by the israelis? >> we have not set any conditions on our security assistance. again, we continue to flow security assistance into israel very regularly. as i mentioned before, we're meeting the israeli requests whether its precision guided munitions or air defenses and that continues to flow. there are no conditions on that. with all of our conversations, again, we're encouraging the israelis to follow, as we would with any partner or ally, the laws of armed conflict. >> bill: sabrina singh, thank you for your time today. more to get to. come back soon. thank you. eight minutes past now. one person is dead after a u.s. military aircraft crashed off the southern coast of japan. on osprey carrying six members of the air force when it went down. we're told all members are special ops. details coming in to the condition of the other crew members. the cause of that crash under investigation. we may not know that answer for some time. updates on that when we get them here on "america's newsroom." >> dana: the biden administration is launching a huge p.r. campaign of tiktok with hopes of turning the bad talk of the economy into a more cheery message. will it work? >> the president's popularity with young voters is sliding because of the war against hamas and the administration is seriously fretting about trending terms on tiktok like silent depression. the campaign is working with content creators to try to amplify a more positive message about the economy especially because on tiktok there is no mechanism. community notes to flag disinformation or add context. the white house likes to make the case president biden brought about the economic recovery. when he came into office the economy was in a tailspin and his legislation is what turned things around. >> inflation is up over 17% since president biden came here. you are saying that -- >> inflation is moderating because of the actions that this president is taking. because -- >> prices are still high. >> it is going down. the prices are going down. for example. i just talked about last week how turkey prices are going down. >> even the president himself has not been able to sell that message. trend showing young people's angst about the cost of living is the stubborn disconnect with improving economic data boats and wage growth beating inflation. messages like this aren't breaking through. >> president biden: the wages for working families have gone up, inflation has come down 65%. we know the prices are still too high for too many things. that times are still too tough for too many families. we made progress. we have more work to do. >> today the president will try to make the case in colorado up against messages like this "politico" cartoon depicting biden as charlie brown with bidenomics killing the christmas tree. next big push is expected to happen online. the president recently met with content creators about his student loan forgiveness plan and his team shared videos of young people crying when their loans were forgiven, dana. >> dana: how about the people who cry because they can't make their loan payments? how about a meeting with them? thank you, jacque. >> a small piece of your state's abundant beauty with us in washington. >> bill: that was from washington, d.c. after dark yesterday. those are pro-palestinian protestors crashing the national christmas tree lighting and we could get more of that later tonight in new york. why the nypd is calling for elevated vigilance and perhaps more coming up here. >> dana: freezing temperatures complicating the migrant crisis in chicago. who is stepping up to shelter those families? >> bill: hunter biden has a counteroffer to the subpoena. what republicans have said to that in response. >> it's a tactic that makes it look like he is being transparent but quite the opposite. a tactic that hides everything from the american people instead of getting the whole thing out in these depositions. because i know so many of you have served our country honorably. one of the benefits that we as a country give you as a veteran is the eligibility for a va loan for up to 100% of your home's value. if you need cash for your family, call newday usa. with automatic authority from the va, we can say yes when banks say no. give us a call. your heart is the beat of life. if you have heart failure, entrust your heart to entresto. entresto helps improve your heart's ability to pump blood to the body. don't take entresto if pregnant; it can cause harm or death to an unborn baby. don't take entresto with an ace inhibitor or aliskiren, or if you've had angioedema with an ace or arb. the most serious side effects are angioedema, low blood pressure, kidney problems, or high blood potassium. ask your doctor if entresto is right for you. with 30 grams of protein. those who tried me felt more energy in just two weeks. -ahh, -here, i'll take that. woo hoo! ensure max protein 30 grams protein, one gram sugar, 25 vitamins and minerals, and nutrients for immune health. 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tree lighting, which we know will pull in thousands of people and big crowds of protestors according to officials saying they will flood this area in support for gaza. nypd is ready to respond because it happens every week. some of the preparations in place in new york city. the barricades there. the department is preparing for the protests trying to get everything in place mixing in uniforms and plain clothes officers and drones to keep an eye on the crowds from above, which is important here. this protest is part of the flood the tree lighting for gaza. the police have responded to protests since the october 7th attack. the groups are calling this protest tonight for this gaza protest same ones who shut down the manhattan bridge and interrupted the macy's thanksgiving day parade the other day. expect to see some of that. the nypd is on hand to protect the tree lighting and won't tolerate disruptions or threats to public safety as eric adams addressed the rise in jewish hate promising to take legal action over hate crimes. watch. >> new york has led the way with the level of diversity and hate has no place. we'll apprehend and prosecute to the full extent of the law. >> you can also see here on your screen another protest that just happened the other day over at nyu. expect to see a student walk-out there. another protest happening around 1:00. lots of action as they prepare to light the tree here at rockefeller center. keep you posted on what happens. >> dana: i don't know when they've been in class this fall we've walked out so much. thank you. >> that's true, thank you. >> he will have a public hearing after we do the deposition. this is the way credible investigations are conducted. and hunter biden is not above the law. just because he has gotten away with criminal activity by the d.o.j., f.b.i., i.r.s., doesn't mean he will be treated that way by the house oversight committee. >> bill: now the battle lines are drawn and hunter biden says he is willing to testify before that committee but only if it's public and only before cameras. the panel's chairman saying that won't happen. george washington university law professor jonathan turley has written the first of many pieces about this and it's fresh today. good morning and thank you for your time. abbe lowell, the attorney for hunter biden said in part unlike members of the trump family, hunter is a private person and never worked in a family business or served in the white house or in any public office. to that you would say what, regarding a private citizen in a matter like this? >> well, i think i would state the obvious. a congressional subpoena is not like an invitation to a ball. you don't get to debate when you will show up and how. you have to show up. and the justice department or merrick garland has been very aggressive in pursuing trump associates for contempt. so the expectation is they would have to be consistent if hunter biden does not show up. so this is not a mutual conversation. that's the point of a subpoena. you are past that point. this is saying show up on this day and you will be asked questions and you will be expected to answer. >> bill: let's go ahead and play this out. can this interview, can this hearing, whatever you want to call it, can it be avoided by hunter biden? yes or no. >> no. if he refuses to appear, he will be committing contempt of congress. there are sometimes room at the elbows for timing and conditions but there is not much when you push something like this to the subpoena stage, those options are rather narrow. and he has spent years in denial and delay. he is now going to be expected to answer questions. now, he may cite his past drug use or the passage of time. but there is a real risk here for hunter biden. that delay has allowed the house to assembly just an enormous amount of evidence. he is not going to be asked the sweeping questions from an enabling media. he will be asked very specific questions about messages that he sent, including one threatening that his father would bring down the wrath of his office on a chinese businessman if they didn't send the bidens money. >> bill: james biden, his uncle, has agreed. that will happen behind closed doors, am i right about that? >> yes. and that's common. the democrats, like representative raskin who are objecting, this is how they conducted the investigations. you go behind closed doors because you have morally way. lots of things that may be private and redacted and so it's often the case that this starts behind closed doors and then you have a public hearing. >> bill: you mentioned the evidence here. i was looking at the whatsapp message that i said i'm sitting waiting for the call from my father as a request for money in his accounts. hunter biden says i was an addict. my dad wasn't even with me when i sent that message. furthermore, i don't recall. he can say that repeatedly. what can comer's committee get out of him based on this evidence that you just suggested is so strong? >> well, the fact is that this road becomes increasingly perilous once you walk down it. hunter biden could invoke the fifth amendment, the first of the child of a sitting president. the assumption is he won't. he may be citing his addiction used by the media in the past to excuse all this. the problem is that he wasn't some junkie in times square snatching a purse. he was at the center of a multi-million global system of influence peddling in the view of many of us that involved dozens of shell companies and accounts moving millions of dollars to biden family members. he is going to explain how he was this blacked out junkie but could still be at the center of that type of system. >> bill: on that point, what -- i read through your piece this morning and you mention a lot of things here. maybe he was at the center of this all-encompassing operation that fed a lot of money to a lot of members of his family including his father. what do you believe is the single best piece of evidence to prove that, if they can? >> well, first of all, whatsapp message is quite telling because it is a direct reference to his father and that has come up in a lot of emails where he constantly refers to his dad. his dad called in on meetings with investors and put on speakerphone. even democrats admit they were selling influence. they just insist it is an illusion. well, money did go into accounts of biden family members and he refers to paying bills of his father from some of those accounts. it is very clear that president biden benefited from this because it benefited his family. and in bribery cases in federal court that's enough as a benefit. but there is also references of direct payments out of some of these accounts and shared credit cards. he is going to have to answer those questions. >> bill: you write the threat of prosecution is real. i would just underline that. you come into an election year and his dad will be on the ballot. jonathan turley, thank you for your time today and we'll speak again very soon. thank you, professor. >> thank you, bill. >> universities struggling with addressing the ant semitism issue. they can't square their policies and initiatives and narratives with what they are actually being asked to do when it comes to protecting the jewish students on their campus. >> dana: a federal investigation into a university over alleged anti-semitism. not the only elite school under scrutiny. >> this will empower our city to put pressure on those in power who have the ability to change the situation and make a permanent cease-fire and make peace in gaza a reality. the first time you made a sale online with godaddy was also the first time you heard of a town named dinosaur, colorado. we just got an order from dinosaur, colorado. start an easy to build, powerful website for free with a partner that always puts you first. start for free at godaddy.com 18 years from tonight, grant gill will become a legend. 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a proposal to formally condemn hamas. william la jeunesse follows up live in l.a. on this today. hello. >> what you are referring to was an attempt to amend that cease-fire resolution to condemn the killings and hostage taking by hamas on october 7th. the oakland city council refused voting 6-2 not to condemn hamas. what stunned one jewish councilmen is how many of the 200 individuals who spoke blamed israel for the terrorist attack and how the crowd booed whenever speakers mentioned hamas raping israeli women. one speaker compared israel to a, quote, wife beater who complains when the wife fights back. others described israel as a genocidal colonial state and one said hamas is not a terrorist organization, but a resistance one. >> condemning hamas without condemning the apartheid state of israel is basically encouraging genocide. >> we could have easily put forth a resolution condemning the countless crimes committed by the zionist entity. >> you had dueling rallies. this is oakland. equal numbers of whites and hispanics. 16 percent asian. predominantly christian. muslims outnumber jews 2-1. politically the area is extremely liberal. >> if you feel the need i need to condemn something, condemn one of the most fascist right wing extremist governments in israel's short colonial, pathetic history. >> similar resolutions have passed in detroit and a half dozen other u.s. cities even though they have no legal authority. and no city official really ever got elected based on their political views of the middle east. councils still do it. >> bill: there you have it. william, thank you live in l.a. today. william la jeunesse. >> dana: the department of education launches an investigation to harvard over alleged anti-semitism there. the next guest says the elite ivy is no worse than any colleges. you wrote today harvard's hamas confusion today is the most effective way to disabuse a student of the idea he can no truth is to send him to an elite college. you went on with more. give us more here. >> i think what you see on campuses is this idea that israel and hamas are morally equivalent. they have lost the ability to make fundamental moral distinctions. if you can't condemn a group of people who get up in the morning and set out to kill grandmas, mothers, and children, what can you do? it's not hard. >> bill: i was thinking the history in the middle east. plenty of things to protest about and over on both sides. going back decades. but is this where you want to plant your flag? >> and if you can't do that, can you really trust their judgment in other things? if you can't even bring yourself to condemn that. the best way to think of hamas, they are war criminals. they got up in the morning to deliberately carry out a plan of war crimes. it is a war crime to hide in a hotel to be a combatant and hide yourself in a hotel. yet the idea that they are soldiers is ridiculous. >> dana: what do you think the department of education is thinking, that they were pushed into this or they decided on the merits they would look into this and where does it go? >> i assume you have some inoh center like at harvard where a jewish business student was surrounded by a mob and blocking his way and shouting shame at him. there might be some interference there. there are other cooper union, where they were hold up in a library. there are a lot of bad things. i think it's sad. there was a time when the american university thought we are models of reasoned debate and civilized behavior and hold ourselves to higher standards than the mere criminal. the only law that can be enforced on campuses it seems is criminal. discipline, people think is to punish. the root is to learn. where we get disciple and the discipline of english. that was part of their responsibility to teach students. >> bill: the expectations of parents and students who went there. next tuesday on the hill there is a hearing. the heads of mitt and harvard and u-penn will be there. a multitude of questions on this. something to watch. i want to get to this quickly. elections are happening in europe that sometimes portend what's coming down the road. the death of the old europe and the rise of the right turns out donald trump's forgotten men and women are as much a european phenomena as an american one. while the elite stress out on climate change and other people -- elections in holland and italy. how to understand this? >> it's a reaction to what they are seeing. crime and uncontrolled immigration. and then also the savaging of the culture by different people within the countries and no response from the governments. people feel their own values are not upheld. i lived in europe 34 years ago and even then it was apparent it was dying. there seems to be no belief. i was in paris last week. i saw the same pictures of hostages that were ripped down from the walls. it just seems that they are ineffective. the reason people are turning to populous is the guy says i will fix the problem. and the usual authorities look so impotent. >> bill: we'll see if they can. thank you, bill. especially in person. thank you. >> thank you. >> dana reads sports. >> dana: did you see this, bill? mark cuban is reportedly selling his majority stake in the dallas mavericks, a basketball team. the deal is estimated to be worth 3.5 billion. he bought the nba team for 285,000,002 decades ago. the buyer is a billionaire. cuban will remain in charge of basketball operations. >> bill: 14 times his investment. even if it's ten times as great. i heard about that. it was not disclosed what she was buying. remember last week we talked about the oakland as moving to las vegas? she is going on the baseball team. it was the nba. pretty good deal. cuban is cashing in. >> dana: are the dallas mavericks good? >> bill: they're decent. i think we picked the wrong profession. >> dana: going into sports? >> bill: we should have been team owners years ago. >> dana: we could own the little league team 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reactions. talk to your neurologist about vyvgart. >> dana: chicago scrambling for a solution to the migrant crisis pleading with community leaders to open their doors as the temperatures plunge. outside one of chicago's newest migrant shelters there. hi, garrett. >> churches are stepping in where the city has failed for months now to get migrants off the streets as chicago's winter moves in. grace and peace church is 1 of 17 churches taking part in a new initiative to provide temporary housing, food and social services to migrants. the thousand migrants are still sleeping either outside on the streets in tents or on the floor in the lobbies of police stations across chicago. this sanctuary city has not opened up shelters fast enough to keep up with the more than 22,000 migrants that arrived in the last year. part of the reason for that is across the city folks don't want migrant shelters set up in their neighborhoods including in brighton park on the city's south side where the mayor starts construction on a tent base camp as soon as today. >> this is another thing that we just can't allow this to happen. >> there is no transparency from the mayor or from alterman ramirez. it is inhumane to do this. >> it is like a dictator. he needs to go, he must go. >> when mayor johnson was asked about the protests in the black and democrat neighborhoods he blamed republicans and racism. >> we're not going to break away from our value system because white wing extremism is sewing seeds of discord in this city. >> mayor johnson and allies are facing several lawsuits trying to block these migrant shelters from opening as well as an effort to allow voters to weigh in on the city's sanctuary city status. all of this less than a year out from the democratic national convention coming to town. >> dana: i know temperatures are getting very cold there garrett. thank you. >> bill: workers at macy's in seattle saying they have had enough of the relentless crime in the city and going on strike to demand change. co-host of "outnumbered" emily cam piano and fox business anchor cheryl casoney with us. striking is the trendy thing to do in america. this comes from a different perspective. "wall street journal." a labor strike over shoplifting, the journal writes. they can be forgiven for wondering if calling the cops is pointless. thefts up to $750 is a miss demeanor in the state and many shoplifting cases are never prosecuted. you lived in seattle, they got a point? >> i did. those in washington state are suffering right now. they have the -- among the highest in retail theft across the country. here is what's notable about the strike right now. they have been in negotiations with macy's for months. this is not new. this was not step one. this was the workers saying for months we've been begging you for a concise or articulate security policy. begging you for wages that reflect the skyrocketing inflation and begging you to prove that you prioritize employee safety to no improvement or progression whatsoever. this was their final resort. macy's has not responded publicly that employees allege there is no security policy whatsoever and allegations they have retaliated against employees for calling 911, for daring to try to get back the stuff that was stolen. they have released a statement that says we prioritize employee safety. that hasn't been proven at this point. >> dana: the other cities where retail crime, los angeles, san francisco, houston, new york and seattle. it is really bad. the companies are losing a lot of money, too. >> according to the national retail federation for 2022 we're looking at $1 hundred billion in losses for retailers, target, wal-mart, macy's, washington state is the worst state for retail theft as far as losses go. the other side of this and emily brought this up is the wage issue here. fighting for better wages. the cost of living has gone up 18.3% since 2021. but wages overall have only gone up 17.2%. they are saying you aren't paying us enough and we're being threatened or in one case suspended for three weeks because we called 911 on a repeat shoplifter. massey's hasn't put out a full statement. like a lot of these companies have the no retailiation policy. macy's put that in writing and then we know. >> bill: we watched alex murdaugh come into court a couple days this week. some of the victims of his financial crimes had the opportunity to confront him. just want to roll this. call for number three on the victim statements. >> you lied, you cheated, you stole, you betrayed me and my family and everybody else. >> i'm not crying because of what he stole from me. i'm crying for what he did to everybody in the suit. these kids, these people dying. >> what kind of animal are you? >> you saw murdaugh in tears and we have seen him in tears a lot during the court proceedings. >> dana: his tears pale in compareson. among the victims was one of his close friends that said if you had just asked for the woman i would have given it to you. murdaugh replied i know. reminder that this was -- he pled guilty to 22 of 100 charges. one of the families said he is guilty of all 100. i remind viewers of the avenatti case that included tax evasion but more importantly the notion that he pilfered millions of dollars from clients that were unable to -- >> dana: they might not ever see the money. it wasn't all about the money. will they ever see -- >> it frustrates me victimless crimes. some of these victim impact statements read brought me to tears. one of the sons said look, you don't have a soul. you basically the housekeeper's son said my mother died at your home. overall look to the point the judge, i thought said it best in this case. he said alex murdaugh is a predator and preyed on those deemed of a perceived lower estate. he was actually victimizing those that he believed were beneath him and his family and a partner of the law firm was involved in this. quit blaming your addiction for all the things you've done. some of the money came back. a foundation was set up in honor of the housekeeper to help families at christmas who don't have enough money. >> dana: this case goes on and on. thank you. >> we'll be back. >> bill: please do, thank you. >> dana: auto dealers telling president biden to slow down ev mandates as electric vehicles gather dust an car lots. a rare babe ruth baseball card is up for auction and could not records out of the park. see what i did there? ♪ ♪ once alexandra called me to let me know that bank of america had approved my loan... it was important to me. we not only just provide the financing piece, we do everything that we can to surround them with the right people. all you need is a perfect, amazing team that will guide you through the right steps to be successful. and that's what bank of america was for me. 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