right now, on "ana cabrera reports," it is election day in america, and the polls have just opened in key battle grounds. the critical races in four states that could provide clues for 2024. plus, did donald trump's chaotic and bombastic testimony in his civil fraud trial help or hurt his case? and ivanka gets ready to take her turn on the witness stand. also ahead, a new interview with israel's prime minister, exactly one month since the horrific hamas attack. his response to calls for a humanitarian pause and israel's plan for gaza when this war is over. thanks so much for joining us. it is 10:00 eastern. i'm ana cabrera reporting from new york. it is election day and voters across the country are heading to the polls. today, we're watching highly contentious races in four states that could reveal what voters are thinking and what that could mean as we head into 2024. we have got team coverage this morning, nbc's shaquille brewster in kentucky following a highly contentious governor's race, priscilla thompson and gary gumbrack in virginia. andy beshear is a popular democratic governor in a red state. how is this race shaping up? >> reporter: this is going to be a test of whether popular democrats can overcome their unpopular leader and i'll tell you, both parties are watching this extremely closely because here in kentucky, since the turn of the century, the party that has won the governor's mansion has gone on to win the white house the next year. so, are those national headwinds going to influence how voters behave as they head to the polls? listen to one of the conversations i had with a voter this morning. >> did the national mood play into how you voted? >> yes and no. >> reporter: how so? >> i've seen a lot of divisiveness across our nation, a lot of issues with people holding party lines and i'm really sick of that. we're walking back rights we already earned and so because of that it filtered over into our state, it filtered over into legislation that has been proposed. >> reporter: now, i had another voter tell me that he voted for andy beshear in 2019 but decided to go with cameron this time around. partially because he is unsatisfied and really frustrated with what he's seeing out of washington specifically with president biden, how many of those voters exist, that will be the ultimate question, ana. >> so, priscilla, ohio has been leaning red. but today voters are taking up a couple of key ballot measures, abortion and marijuana. what are you hearing from voters there? >> reporter: that's right, ana. issue one would enshrine abortion rights in the state constitution here. and issue two would legalize recreational marijuana. to give you a sense, we're in reliably blue franklin county this is where abortion advocates need to pick up 33% of the vote in their favor in order to get what they want here. we have seen massive organizing on both sides of this issue. we spoke to some folks who are fighting for those reproductive rights, including one woman with a very personal story about her own miscarriage and some of the decisions she had to make. i want to play a little bit of what she had to say about this abortion issue. >> i actually voted early on saturday. and i got really emotional because we have been working on this since march, you know. we were out there collecting signatures, then we were fighting against the august special election, and now we have been focusing on fighting the disinformation that we're seeing in relation to issue one. >> reporter: and if passed, ohio would join more than half a dozen states who either enshrined the productions in their state constitution or rejected additional limitations on abortion, so as you mentioned, very big things to think about as we head into 2024, where more than half a dozen states are going to have abortion on the ballot in terms of the messaging and the organizing going on here if this measure passes. ana? >> it has been a motivator for voters in at least previous elections. gary in virginia, republicans are trying to get total control of the state house. what could that mean for politics in virginia and the bigger picture nationally? >> reporter: yeah, if republicans sweep the state house today, it will be the fist time in a decade that the governorship and the state house is completely controlled by republicans. it would be a very big thing for the conservative priorities of governor glenn youngkin, chief among them will be abortion. he's been very clear he wants a 15-week abortion ban passed by the state legislator. that's something he can get done. it is a motivating factor here for voters, especially here where the republican state senator that is running for re-election is an obgyn in herself. on the trail, democrats are making this a big issue. republicans, you're not hearing them talk about it from the stage at all. here's what governor glenn youngkin had to say earlier today about how democrats take the stance. >> all they do is sell fear and we're the party of hope and hope beats fear every day of the week. we wanted to be incredibly clear on the bill that we would progress, the only bill that we would progress, that's to protect life at 15 weeks and to call it a ban is such a mistruth and disinformation and they should all be ashamed of what they said over this campaign, because none of it has been true. >> reporter: and looking toward 2024, if republicans don't win out tonight, governor glenn youngkin will have a hard time convincing voters outside of virginia he's any different than any other governor that has to deal with a divided legislature. ana? >> gary, priscilla and shaquille, thank you all. nbc's steve kornacki is joining us now with a closer look at what today's races could signal for 2024. steve, we're watching these two governors races in kentucky and mississippi. how could they be a barometer for next year? >> yeah, both have the potential to be close tonight and both are in deep red states that we, you know, pretty much assume are going to go republican in the presidential election next year. and yet i do think there are some things to look for with potential national implications in both. we'll start in kentucky, where the story, as you said, is the democratic incumbent andy beshear being challenged by the republican attorney general and mitch mcconnell protege daniel cameron. when beshear got elected for the first time four years ago, he defeated a republican incumbent governor who was deeply unpopular in the state. and yet look how close the margin was. it was barely 5,000 votes. that's what andy beshear won, by .4. so he barely got in in 2019 against an unpopular republican. polls show voters personally like andy beshear in kentucky and they approve with pretty sizable majorities of his job performance as governor. so based on that, you might think he's in pretty decent shape for re-election. and some of the polling throughout the year suggested that. but late in this campaign, we had some polling coming out that suggests maybe it has tightened in a final two weeks. i think the thing to keep in mind is the results come in tonight, you see this is the 2019 map as i said, you see there are -- kentucky has 120 counties, a number of them are blue. the vast majority are red, but, look, by comparison, when it was joe biden versus donald trump in this state, biden won a grand total of two counties in kentucky. you see beshear did much better than that, notably take a look here, eastern kentucky, this is traditionally coal country in eastern kentucky, these are counties where donald trump will get 70. 75% of the vote. and andy beshear managed to win them. one thing to look at tonight is, you know, if any of this blue starts disappearing, there goes that beshear, that slight beshear margin from 2019. if he's able to add any blue to this map, puts it in a much better position. i think the big national question in this race is simply if the disdain in kentucky for the national democratic party and joe biden is so strong that it takes voters who otherwise like beshear and like the job he's done, and they vote republican anyway, that could speak to an energizing force for republicans that would give them hope heading into 2024. beshear were to hang on, that would be a sign of hope for democrats. it is similar in mississippi too by the way. tate reeves, not that popular, won by five points in 2019. again, he's relying on mississippi being a red state, not liking biden, not liking national democrats, and voters voting for the party and not the person. >> and you will obviously be monitoring all of this so closely. so, when we look at these two ballot measures in ohio, what will you be watching for, what can we sort of, you know, be honing in on earlier and then later? >> yeah, so, take a look, in ohio, two ballot questions, this is the one that would put a right to abortion in the state constitution and we haven't seen this in all of these referendums, but they're doing it in ohio, it has language that says restrictions can be imposed after the point of fetal viability, about 24 weeks or so. and you see that proposition has been leading in the polls in ohio, and should note that since roe v. wade was overturned more than a year ago, there have been a series of ballot initiatives advanced by the pro choice side. this is one of them. and a series of ballot initiatives advanced by the pro life side. we saw those in red states like kentucky and in kansas. all of the initiatives so far advanced by the pro choice side have passed. and all of the initiatives advanced by the pro life side have failed. so, it would be a surprise if this one failed tonight in ohio. you'll get a lot of attention if it did fail, we would have a discussion about where the politics of abortion changing, and if it passes and passes by any margin like this, you'll see the pro choice side use this as a model for how to pursue this issue in swing states, in red states, to put a right to abortion and to have that restriction at the point of fetal viability, i think you'll see a lot of those next year in 2024 if this passes by a big margin. >> steve kornacki, you got a long day ahead of you. thank you so much for joining us and providing all that good information for us. today's election comes ahead of the third republican debate. this time, five candidates will be on that stage. and one just picked up a key endorsement. joining us now from miami is nbc's maura barrett. let's start with this endorsement, florida governor ron desantis getting the coveted backing of iowa's governor kim reynolds, a popular governor. how big of a deal is this for desantis and for front-runner donald trump? >> reporter: this is significant. iowa is the first state in the presidential nomination process and it is typical that iowa governors stay neutral throughout the primary process. this is a departure from that. governor kim reynolds told our colleague dasha burns she couldn't sit on the sidelines anymore. she thinks that ron desantis can actually win in the general election, where she very pointedly said she thinks former president donald trump cannot. that endorsement came yesterday at a rally and kim reynolds is already hitting the campaign trail with ron desantis this morning in iowa before he heads here for the debate tomorrow night. now, the reality in iowa, though, is that donald trump is still ahead in state polling by about 30 points, but governor reynolds is a very popular governor and could have some sway. trump already posted about this endorsement, calling both desantis and reynolds, quote, extremely disloyal, so it appears that this might have ruffled his feathers. >> now walk us through who will and won't be on that stage tomorrow night. >> reporter: well, as you mention the, it is going to be a significantly smaller stage than we have seen in the last two debates. five candidates on stage, chris christie, ron desantis, nikki haley, tim scott, and vivek ramaswamy. we won't see north dakota governor doug burgum on stage. he failed to meet the qualifying criteria for this race. and former vice president mike pence did drop out of the race last month. so he will also not be on the stage. donald trump yet again sitting out this debate, ana. >> maura barrett, thank you for the preview. when we're back in just 60 seconds, i'll talk to a senior adviser to israeli prime minister benjamin netanyahu, what does israel's leader mean when he says they may oversee gaza for an indefinite period after the war? plus, tensions rising at war protests nationwide as authorities investigate an altercation that led to the death of a jewish senior citizen. also, trump's legal troubles, did the former president's testimony in his fraud trial hurt more than it helped? and later the holy grail of shipwrecks. the race to recover sunken spanish treasure missing for more than 300 years. missing for more than 300 years. dry skin is sensitive skin, too. and it's natural. treat it that way with aveeno® daily moisture. formulated with nourishing, prebiotic oat. it's clinically proven to moisturize dry skin for 24 hours. aveeno® salonpas, makers of powerful pain relief patches for 89 years... believes in continuous improvement... like rounded corners that resist peeling, with an array of active ingredients... and sizes to relieve your pain. salonpas. it's good medicine. welcome back. today marks one month since hamas' terror attack on israel. a ceremony was held in jerusalem, with flags lowered to half-staff, and israelis across the country observing a minute of silence this morning. and we have new comments today from israel's prime minister about what could happen with gaza after the war. >> i think israel will, for an indefinite period, will have the overall security responsibility because we have seen what happens when we don't have it, when we don't have that security responsibility, what we have is the eruption of hamas terror on a scale that we couldn't imagine. >> and nbc news foreign correspondent raf sanchez joins us now from israel. we're now one month into this conflict and now netanyahu is raising the possibility of overseeing gaza for an indefinite period. what kind of reaction is that getting inside and outside of israel? >> reporter: well, ana, prime minister netanyahu and rest of the israeli government have been saying since october 7th that hamas needed to be toppled, it could no longer be in control of the gaza strip, but this is the first time we're hearing in any detail, albeit relatively minor detail, about what the israeli plan is for gaza the day after hamas and what prime minister netanyahu seems to be saying there is he envisages a situation in gaza, similar to what exists right now in most of the occupied west bank, where you have israeli troops on the ground, patrolling the streets, carrying out arrests. that is potentially a recipe for israel facing years -- insurgency inside of gaza, where they are going to be within the line of fire of whatever kind of remnants of hamas remain. the prime minister was not clear whether he envisages israel being in charge of the security, but potentially the palestinian authority being in charge of civil affairs, like education, like healthcare, like sanitation, he didn't go into that level of detail. he was also asked about what seems to be a point of tension, between the israeli government and the biden administration. the president has called for what he says are humanitarian pauses in the fighting in gaza to get more aid to civilians. that is something the israeli government is rejecting until the hostages are released. take a listen to what the prime minister had to say about that. >> we agree that we have to provide humanitarian assistance. we are doing it with -- and coordinating it with our american friends and with president biden. we'll do whatever we can. we don't want to give hamas the opportunity to endanger our soldiers. we saw that until we started the ground action, there was no pressure on them to release hostages. what we see is the minute we started the ground action, there is pressure. >> reporter: and, ana, you heard the prime minister's argument there that israeli troops on the ground inside gaza putting pressure on hamas to negotiate over the fate of the hostages, we have seen four hostages released by hamas, we have seen one hostage rescued by israeli forces, but there is still some 240 inside gaza and there are many, many worried families inside israel right now who hear this ground offensive is putting their loved ones at greater danger. ana? >> and here at home in america as well. we know there is still unaccounted for americans that are believed to be hostages. raf sanchez, thank you. joining us now is mark regev, the adviser to prime minister netanyahu, and former israeli ambassador to the uk. thank you very much for taking the time. i want to follow up on a couple of things we heard from the prime minister there. he says, one, he's open to little pauses in fighting. what would that look like? >> first of all, thank you for having me. we had since this terrible war started, we had a number of occasions where we have done in a specific area for a specific time we have done a pause, either to get our people out and as your reporter said, there were two cases where there were hostages released and obviously that had to be facilitated and to get humanitarian aid into the people of gaza. so we have done that in the past and we're happy to do that in the future if the circumstances are correct. >> so, just to clarify, you are not planning on changing anything in terms of the pauses that have come already, so we wouldn't expect anything differently? >> well, if we can get a release of the hostages, that's something that would change the reality, but in the current circumstances, israel believes it is crucial to keep the pressure up on hamas, to beef up that pressure, that's the way to win the war and to get the hostages out. hamas isn't going to suddenly become a humanitarian organization and release the hostages because it decided to do the right thing. they're only going to do it if they're under massive pressure and we're applying that pressure now together with the diplomatic pressure on its allies in the gulf. i remind you of the 240 plus people being held, there are 30 children, 30 children. of them, there are people under a year old, there are toddlers under 3 years old, this i think shows us what we're up against. hamas kidnaps babies. they also have on the other end of the age ladder, they got people over the age of 80, a holocaust survivor, who were kidnapped as well. who are these hamas people? they have shown themselves what they are by their choice of people to kidnap. it is really disgusting. >> we also heard netanyahu raising the possibility of overseeing gaza for an indefinite period, he says. what does that mean exactly? you eradicate hamas, but then what? >> so i don't think he used the word overseeing. he talked about having some sort of overriding security presence. the idea being once we defeated hamas, we have to make sure hamas doesn't come back. and some sort of security presence. at the same time, i can tell you we don't want to govern gaza. we don't want to rule over the people of gaza. we're happy for our framework to exist where they can rule themselves. but it is clear we can't allow some sort of residual hamas to rearm or terrorists like hamas and we have to have the option if need be, to take care of that situation. we left gaza in 2005. we pulled out the israelis living inside there in communities, we pulled back to what the international community says is the line, the 67 borders and we were still attacked. so it is important that when this is over, not only is hamas destroyed, but we make sure that there isn't a resurgent terrorist movement to take control. >> and how can you -- how can you be sure of that if what is happening right now is creating more hatred, is potentially fueling deeper radicalization with maybe not hamas, but the next generation? i think that's one of the big questions we don't have answers to at this point, but just coming back to what we heard from netanyahu, i want to quote him directly to be clear, i think israel will have for an indefinite period will have the overall security responsibility because we have seen what happens when we don't have it. so, will palestinians still have a home in gaza when this is all over? and who will govern? >> for sure. for sure. and who will govern will be people hopefully more pragmatic and more moderate than the current hamas leadership. hamas has been running gaza for 16 years, ana. what have they bought the people of gaza? hardship, suffering, and impoverishment. hopefully a new form of government, less extreme, not run by these blood thirsty terrorists, will give the people of gaza a better government. israel says we don't want to reoccupy gaza, don't want to govern the people of gaza, but we will make sure once hamas is defeated, we don't see some sort of residual or new terrorist organization, we will not allow our people to be massacred like they were on october 7th. you heard from hamas' deputy leader. they will do it again and again and again as long as they can. we have to prevent them from some sort of resurgent existence. >> understood. >> that's our responsibility to protect our people. >> i understand. what about the innocent in gaza right now? the united nations secretary-general says gaza is becoming a, quote, graveyard for children. and according to the world health organization, women and children represent nearly 67% of all casualties right now in gaza. what is your response? >> so, first of all, we're skeptical about those numbers because all those numbers are coming out of the hamas-controlled ministry of health there in gaza. and the united nations and others are using that data. i have no doubt that there is unfortunately innocent people who are being caught up in the cross fire, but i think those numbers have to be treated with a certain amount of skepticism and second thing i into ed to need to say is we're doing everything we can to provide humanitarian aid to the people of gaza, to facilitate a humanitarian corridor and to facilitate gazans leaving the areas of combat because we don't want to see them caught up in the cross fire. for over three weeks we have been urging them to vacate the areas of combat in the north and move to the south. we're establishing a safer zone there in the southern part of the gaza strip, close to the coast. it is near where the gaza crossing with egypt is, so they're close to where the aid is coming and also close to coast and the french talked to us about sending in a hospital ship, maybe others will join them, the idea is to have both medical facilities right near the safety zone as well as making sure the food and water and medicine goes in, that's the goal. >> ambassador mark regev, thank you for taking the time and offering that information from israel on behalf of prime minister benjamin netanyahu. i appreciate it. >> a pleasure. thank you for having me. back in the u.s., there are growing security concerns as protests and rallies over the war intensify and right now police in southern california are investigating an altercation at duelling protests that led to the death of a jewish senior citizen. stephanie gosk joins us now with more. stephanie? >> this incident took place in thousand oaks, a suburb of l.a. the county sheriff's office there telling nbc news no arrest has been made in the death of the 69-year-old man. they're investigating the possibility that this was a hate crime. as the war between israel and hamas intensifies, and rallies on both sides spread here in the u.s., overnight a vigil for a 69-year-old jewish man in southern california, who died after a fight during duelling pro israel and pro palestinian protests on sunday. >> he loves israel, he's proud of being a jew and he went to wave his flag. >> reporter: police say paul kessler died after an altercation with a pro palestinian protester. the death has been classified by the medical examiner as a homicide, according to police. investigators are not ruling out the possibility of a hate crime. authorities in ventura county say kessler suffered a blunt force head injury when he fell backwards and struck his head on the ground. one local jewish group and early reports suggested kessler had been struck with a megaphone, but the sheriff's office saying this morning we don't have any definitive evidence that occurred, however, i will say there is a possibility that may have occurred. kessler was rushed to a hospital, where he died the following day. responding to the incident, the l.a. area council on american islamic relations saying they're deeply saddened by this tragic and shocking loss, adding we join others to avoid jumping to conclusions. police often keep protesters separate, in new york city monday, hundreds of activists from the group jewish voice for peace staged a sit-in at the statue of liberty, demanding an immediate cease-fire and end to the war. while near central park, thousands of pro israel supporters showing their solidarity with israel and support for each other. >> so nice to feel a part of a community and all the support. >> back in california, authorities are hopeful that someone at the event has video evidence of the altercation and is willing to share it with investigators. back to you. >> stephanie gosk, thank you. next on "ana cabrera reports," the major takeaways from donald trump's testimony in his fraud trial as ivanka trump gets ready to take the stand tomorrow. plus, the latest from the supreme court as the justices hear a case this hour about guns, second amendment rights and accused domestic abusers. r and cuacsed domestic abusers sog with type 2 diabetes, i want to keep it real and talk about some risks. with type 2 diabetes you have up to 4 times greater risk of stroke, heart attack, or death. even at your a1c goal, you're still at risk ...which if ignored could bring you here... ...may put you in one of those... ...or even worse. too much? 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this next generation of young people who feel they can thrive. ♪ ♪ taing you live now to capitol hill, where we're hearing from a family member of hostages in israel. let's listen. >> and i asked him, where are you driving and he says, i don't know yet. i said, what do you mean you don't know yet? i know exactly where i'm coming, i'm coming home. i said, why are you coming home in the morning? he lives in tel aviv. it is another half an hour drive to my home, so he says, i'm coming to the soup that i didn't eat yesterday. which is also odd, but i don't care. come, drive safely. then i get another call from his father, michel. he is hysterical. and he is, like, yelling and saying do you know where guy is. i said, i know where guy is, he's coming home, he'll be here in half an hour. he says, no, he just called and he's in a terror attack. and his best friend is killed, that's what he said on the phone. and he tries to put me on the conference call. i hook up and we hear shots in the background. he actually called an emergency call since he was shot in the arm and he wasn't able to stop the bleeding, and he was trying to say his last words. he actually said, i want to say my last words, we're not going to survive it, nobody survived it, everybody is killed and his father is just saying don't talk. if you can find dead bodies, try and just crawl under a dead body so they don't notice, and so he says, no, it is an open area, he doesn't let -- his father doesn't let him speak. he says, shush, don't talk. don't let them hear you. and i tried to tell him, guy, i love you, don't worry, nothing's going to happen, i'm going to call now. i'm going to send somebody now to get you. and that's what i did. i hung up and i regret that. since i didn't hear from him since. his father drove immediately to that place, but it was already closed by the police. no entry. and the next few hours were, like, crazy, nobody knews anything. this continues on for the next few days, nobody knows anything. it is, like, we don't know if he's killed, if -- nobody even knew about -- it is only like the next day that the it spread out that there were hostages. for a week or so, i was just waiting to get message that -- that he was identified. but we didn't get that. you know, lucky me. what we did get was on -- i think it was al jazeera, i'm not sure, a video of hamas guy, you know, with -- saying that guy was killed by israeli bombing. that's the point i break down, of course. but i actually get an immediate call from the military and they came over and they say, look, don't pay attention to these whatever, whatever the hamas says, but the good news is that he's a hostage. and this goes on. this goes on. these mind games. i get a call not even a week ago of somebody calling me, saying this is a confidential call, you cannot -- you cannot say anything about this call, we are now taking care of guy's case, he's going to be put on the top of the list, and he's going to be freed. you need to send me all his info, his passport, his i.d., whatever you have, tattoos, whatever, and i just, you know, get there and just send anything i can and then there is another siren and i run to the safe room and it was, like, crazy, i didn't know what to do, but i did call the military, my connection, and she says, i don't tell her because i'm afraid that his chances, like, they did play with my mind, and i was saying, look, i can't tell you about the call, they told me it is confidential, i can't tell you. so she convinces me, just to give the phone number of this lady that called, and, yeah, it is mind games. and that -- it is just going -- >> we're listening in right now to a live press conference happening on capitol hill. this is actually part of the weekly house republican leadership press conference and they brought with them today family members of hostages as we're now one month past the attack on october 7th. and still hundreds of families waiting for word about their loved ones, including american families. want to bring in nbc's ryan nobles who is joining us from capitol hill. ryan, talk to us about why it was important for the gop at this press conference to hear from these families. >> reporter: well, ana, i think more than anything it demonstrates that there is wide and bipartisan support for congress to approve some sort of an aid package to help israel in its war with hamas. the question is, what form and fashion does that aid package get delivered. and by inviting these family members of hostages that are currently still being held, it demonstrates that republicans understand that this is an ongoing problem and one that israel needs immediate help in trying to rectify. the issue here, though, is that there isn't unanimity as to how this package will ultimately come together. and as we know, house republicans did pass a $14 billion aid package to israel, but it is conditioned upon cuts to the irs. that's something that democrats, even some senate republicans are not interested in. the package is dead on arrival here in the senate. so that means that the senate is going to have to come back with something. and there has been an ongoing conversation among senators about packaging together aid for israel along with aid for ukraine, aid for taiwan, and also some sort of a border security package. so those negotiations are ongoing. but what house republicans are demonstrating here is that their priority if you list them, one through five, that israel is number one on the top of that list. that's the area they're most interested in finding some sort of common ground. the question is how does that all come together. ana? >> ryan nobles on capitol hill, thank you, sir. turning to former president donald trump's new york civil fraud trial, trump took a combative stance on the witness stand yesterday, attacking the judge, the prosecutors, and the case itself, his daughter ivanka is scheduled to testify tomorrow. laura jarrett has more on trump's day on the stand. laura? >> good morning. it was an extraordinary moment in that courtroom yesterday, the former president bringing the grievances heard from him so often on social into live testimony from the witness stand, but he quickly saw the risks of treating his legal case like a campaign event. the financial fraud case against donald trump entering a dramatic new chapter. the former president exploding on the witness stand, pushing back against accusations he, his sons, and his namesake company artificially boosted his assets. >> it is a case that should have never been brought, it is a case that should be dismissed immediately. >> reporter: those familiar lines from the former president in the courtroom hallways brought to life on the witness stand, with mr. trump unleashing on the judge, seated inches away, pointing and yelling. he called me a fraud, and he didn't know anything about me. a clear reference to the judge's pretrial decision ruling in the state's favor finding mr. trump liable for fraud. the judge losing patience monday, seemingly skas per rated by what he characterized as mr. trump's rambling answers, warning the republican front-runner this is not a political rally. at one point, the back and forth between the two men growing so contentious, suggesting he might kick mr. trump off the stand entirely because of his refusal to answer the state's questions without long speeches, but he stayed put and marched through year after year of financial statements, asking if he saw one from 2021, mr. trump said, i was so busy in the white house, saying he was focused on china and russia. seconds later, forced to admit he wasn't president at the time. >> at the end of the day, the only thing that matters are the facts and the numbers. and numbers, my friends, don't lie. >> mr. trump's attorneys signaling they promise to move for a mistrial in this case, saying the judge and his law clerk are somehow biased against him, but for now, this case does move forward with ivanka trump scheduled to testify tomorrow morning. >> laura jarrett, thank you. our legal analysts are with us now. criminal defense attorney danny cevallos and former assistant manhattan district attorney catherine christian. so, let me start with you, danny. your top takeaways from trump's testimony. >> donald trump got away in court with behavior that any regular person would never get away with in my opinion. i think it is probably because donald trump is betting that no judge really wants to punish him to the point of sending him around the back to a holding cell and so far at least he's been right. but, i think yesterday, it depends on how you look at it. he thinks the judge already decided the case against him. he was able to sound off and look defiant fighting against the system, for whatever that's worth, to his followers. >> catherine, your thoughts on the testimony. did it help him or hurt him? >> nothing he said helped his case. it helped the attorney general. but as danny said, it helps with his followers. so this was all about appeasing his followers. but for his criminal -- his civil case it didn't help and didn't help on appeal. this mistrial motion is ridiculous and will be a loser with the judge and a loser with the appellate court. >> look ahead now to the testimony from ivanka trump and circle back you guys after that tomorrow. thank you very much. taking you back live now to capitol hill where we're hearing from another family member of a hostage taken by hamas. let's listen. >> -- barbarian organization kidnapped 240 plus civilians. and every day now it's -- you never know what they can do to them. i want to thank everyone here for having us, for the american government to help us. but it is not enough. we need help now. we don't know what is their condition. this is a call for action. and this is a wake-up call, not only for israel, not only for the jewish community, this is a wake-up call for all of you here, all of america, all of europe. you are next. you are next. and we should do everything that we can to stop this atrocities. never again. we need to remember 7th of october and do whatever we can to stop this. sorry. thank you, again. thank you. >> the family's time is very short. i wanted to ask leron if he would like to speak briefly and share your story as well. welcome. >> hello, everyone. my name is leron berman. and october 7 my life stopped when my two younger brothers were kidnapped. i am also from kibbutz on the border of the gaza strip. my whole family is living there. my father, my mother, my second brother, and my twin's brother. they were all in certain age that all their life was ahead of them. 26, without any obligation, they walked, they partied, they cheered for their favorite football team, they travel around the world as a family, with friends, and on october 7th they were kidnapped from their beds in their safe rooms. sorry. like jonathan said, we are pleading you, the world, to help us, to stop hamas. we have no clue what happened to them. we only know that they are in gaza. we don't know if they are injured, if they are together, if they are still alive. for 31 days, my community was butchered. we have been to more funerals in a week than i've been in my entire life. ten days after the october 7th, the military came to us and told us that both of them are kidnapped. it has been too long. too long for us to not know anything, to not hear anything, to know that the red cross entered it to see the injured, that the western world hasn't heard anything from the terrorist organization hamas who act like isis. i want to thank you all for having us here, for giving us a voice to speak to you, to the american people, to the congress. it is appreciated. we need action. we need action now. thank you. >> thank you. >> thank you. >> well, we want to thank these families again for their courage, and their willingness to share your stories. >> we have been listening to family members of hostages one month after that terror attack by hamas in israel. this is part of the gop republican leadership press conference they have weekly and highlighting what their priority is here, providing aid to israel and bringing hostages home. we heard from that last man say we need action, we need action. up next on "ana cabrera reports," a legal reckoning for the supreme court after expansive gun rights ruling from last term. what they're hearing now when it comes to domestic abusers and guns. n it comes to domestic abusers and guns (vo) sail through the heart of historic cities and unforgettable scenery with viking. unpack once, and get closer to iconic landmarks, local life, and cultural treasures. because when you experience europe on a viking longship, you'll spend less time getting there and more time being there. viking. exploring the world in comfort. in the future, everything will be powered by renewable energy. but it's not as easy 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♪ this morning the supreme court is hearing arguments about whether it's constitutional to take guns away from domestic abusers. a federal law allowed it for 30 years, and now a texas man is challenging that law after gun rights were expanded last year. this man had his gun taken away after he assaulted his girlfriend and fired a gun at the witness. he is also accused of firing a gun in five locations in a one-month period, and a shooting in the air after a fast-food restaurant declined his friend's credit card. let's bring in ken dilanian. is there any indication about what the justices are thinking? >> not really, ana. the biden administration's solicitor general opened the hearing by discussing the dangers posed by domestic abusers with guns, and the reason we are here, as you mentioned, a supreme court case called bruin more than a year ago said there has to be a historic analog to a gun regulation to make it constitutional. you have the remarkable situation of ketanji brown jackson pointing out that domestic violence was not always considered a dangerous behavior back in the 1700s, and the conservative justices were peppering her with tough questions, like what the government means by responsible and lawful, and can they prohibit somebody not responsible from owning firearms. 13,000 people with domestic abuse orders in their background were prohibited from buying guns last year, and thousands more should have been prohibited but were not because of the flaws in the federal background system. if this case goes against the biden administration, and this principle is ruled unconstitutional, it opens the door to people with mental illness, and mental illness was not seen the same way in the 1700s and 1800s either, and a huge stakes in the gun case being heard by the supreme court. >> thank you for outlining that for us. next on "ana cabrera reports," it's the holy grail of ship wrecks. what this trevor trove of gold, silver and emeralds is worth. but this is 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[dog barks] no it's just a bunny! only pay for what you need. ♪liberty. liberty. liberty. liberty.♪ now we are taking a trip to the bottom of the sea off the coast of columbia to recover the, quote, holy grail of sunken ships. this ship down with what is now billions of dollars worth of treasure. nbc's tom costello has more. good morning, tom. >> we are talking about gold, silver and coins worth $20 billion. all of it loaded on a spanish warship sunk more than 100 years ago. the new images are stunning. lying 3,000 feet down on the ocean floor off of columbia, what may be the biggest sunken treasure ever, complete with it's fine china, cannons and silver and gold coins and chests filled with emeralds. the potential value, hold your breath, as much as $20 billion. >> translator: our government decided that can't be separated. >> he said he wanted the treasure and archeological remains brought to the surface. >> translator: so these riches can be made available to the world and appreciated through museum exhibitions. >> while columbia won't provide the exact location, it's right here. in 1708 the san josé was headed back to spain loaded down with 200 tons of treasure, and it ran into a british warship that quickly sank the san josé. nearly all of the 600 people onboard died. for 300 years, nobody knew its exact location. in 1981 an american salvage company said it discovered the wreckage, but the columbian government would not negotiate. >> this is a columbian gold -- >> he knows about spanish treasures. in 2015 his team found another ship wreck off florida loaded with $4.5 million worth of coins, and he said the san josé wreck dwarfs everything else. >> there's an unbelievable value in gold and silver on this ship. when you are talking about going through an archeological dig, you want to be as delicate as possible. to do that it will be incredibly time consuming. more importantly, incredibly expensive. >> as for who owns this treasure, expect a long and legal battle, but possession is 0.9 of the law, and right now columbia has it. it was dug out of mines by natives forced into labor, and columbia probably has the strongest case, and the recovery will include sophisticated equipment. >> what a story. tom costello, thank you. want to see all that loot laid out after they recover it. that's going to do it for today. josé diaz-balart picks up our coverage right now. good morning. it's 11:00 a.m. eastern, 8:00 a.m. pacific. i am josé diaz-balart. it's election day in america. right now voters in several key states are set to decide a series of critical races and ba