>> is prime minister netanyahu going to yield to president biden's calls for brief humanitarian pauses in the air war to protect palestinian civilians? he and the u.s. are ruling out growing demands for a complete cease-fire. >> i don't think there's going to be a general cease-fire. it's not that i don't think. i think it will hamper the war effort, our effort to get our hostages out. the only thing that works on these criminals and hamas is the military pressure that we are exerting. we will have more on the fallout from donald trump's wild day on the witness stand and look ahead to ivanka's testimony tomorrow. ♪♪ good day, everyone. i'm andrea mitchell in washington. happy election day. we have a preview of what's at stake in key governor and state legislative contests that could signal which party has an edge going into 2024. in deep red kentucky, popular democratic governor andy beshear tries to hold off a challenge from the republican state attorney general who has support from donald trump. in ohio, voters will decide whether the right to an abortion should be put in the state constitution. abortion is a big issue in virginia. if republicans regain control, the governor would be able to pass a 15-week abortion ban that he has been seeking. steve kornacki is at the big board. steve, set the table for us as we look ahead to the results this evening. >> four big states. you mentioned a couple. let's start in virginia. it's all about the state legislature there, which right now is split. the republicans control the lower house, the house of delegates. the democrats control the upper house, the state senate. glenn youngkin wants control of both to move his agenda. massive sums of money have been spent in these state legislative campaigns. shows you the stakes certainly. as you mentioned, one of the issues that's been driving the campaign in virginia has been the issue of abortion. youngkin wants it legal up to 15 weeks with exceptions after for rape, incest and danger to the mother's life. he thinks that in the post-roe landscape is the winning position for republicans. they have been struggling to find a unified position on this. he thinks it's a winning position in virginia. he thinks it's one that can be exported to other states for republicans. it was tested in a poll of virginia voters a couple weeks ago. that 15-week limit. it was down the middle. 46% support, 47% oppose. it's interesting to see if republicans end up having a good night in virginia. then i think you will see a lot of talk that this approach to approach, you will see a lot of republicans outside virginia maybe pick up on it. if democrats have a very good night, they have been playing this up as well and sounding the alarm that maybe youngkin and republicans won't stop at 15 weeks, maybe they will go shorter than that. democrats would be encouraged that going forward in 2024, this is a winning issue for them, a big winning issue for them. also in ohio, they have got on their ballot out there, as you say, language to put the right to an abortion in the state constitution. to put a limit as well in ohio. youngkin is saying 15 weeks in virginia. this proposal in ohio would say abortion can be restricted after the point of fetal viability, about 24 weeks. that is supported in the most recent poll by a 57%/35% margin. we will see how that plays out tonight in ohio. beyond that, two governor races we are looking at. kentucky, democratic incumbent, attorney general republican challenger. put this in some perspective. when beshear won four years ago, he defeated a very unpopular republican, matt bevin. beshear won by barely 5,000 votes. he won -- look at how the counties broke in 2019. what beshear did was, he won two of the three big suburban cincinnati counties. donald trump swept these three. beshear made inroads in the cincinnati suburbs. beshear also made inroads in rural eastern kentucky. this is traditionally coal country. he won some counties here. they go for trump with 70%, 75% of the vote. they moved to beshear in 2019. as we look at the results from kentucky, see if beshear is holding on to the counties, holding on in these suburbs, or if he is losing. any of this turns red, you see the margin of error he is operating on, it's very slim. in mississippi, republican governor reeves, democratic challenger. when reeves won, it was only by five points. polls have shown he is not as popular in mississippi as beshear is in kentucky. one of the things being tested here in mississippi is, is that antipathy that voters have towards joe biden and the national democratic party going to get voters to vote for the party instead of the personality? that's what reeves is hoping for. >> kentucky and mississippi, two very interesting races. steve kornacki, thanks very much. let's get to our reporters in the field throughout the key states. gary, back to you. glenn youngkin is not on the ballot. he has been a fixture on the campaign trail. there's a lot of talk, even though it's late in the game for him to get into the race, that he could be a dark horse at some point against donald trump. a lot of money people have tuned out desantis and don't like trump have been talking about him. this is a real test. can he pull the senate in? >> reporter: it's a real test. great to be with you. governor youngkin is not on the ballot, but his conservative priorities are. talking to voters, the issue that matters most, whether republican or democrat, does seem to be the issue of abortion. governor youngkin has been clear in interviews about his stance. 15 weeks with exceptions is the governor youngkin stance. it's what he hopes to pass if he holds the house and flips the senate today. on the campaign trail, you are not hearing abortion at all. we have been to several events for the republicans over the past few days. even here, where one of the state senators is an ob/gyn run on the republican side, she doesn't mention it in her stump speech at all either. democrats on the other hand around this area and really around the commonwealth are making a big deal about it and talking about really what is at stake in this race as it relates to abortion. here is what governor youngkin had to say during his final campaign rally last night. >> hold the house, flip the senate. hold the house, flip the senate. we know how to do this. we learned in 2021 how to win elections. we make sure this generation will inherit a better virginia tomorrow. we are the party of hope. they are the party of fear. that's all they have. >> reporter: as you can tell, that man is very good at retail politicking. 2024, if he does not win out with republicans today, it's going to be very difficult for him to see voters outside of virginia, whether they are interested in somebody who didn't win their state legislature. >> thanks so much. shaq, the governor is so popular in a red state, it's remarkable he does so well in such a trump state. is that enough in this election year? you have a very attractive republican attorney general. >> reporter: right. that is what this race is going to test. if a popular democratic governor can do well in this state. andy beshear won by 5,000 votes. next year, they went with former president trump by 26 points. can andy beshear bank on that popularity? the bet that you have republicans, from daniel cameron, is that he can't. that's why he has been tieing himself to former president trump, touting his endorsement. last night, you heard the two appear in a rally, a virtual rally on the telephone. listen to a little of what we heard from former president trump in that rally. >> reporter: i can tell you, those who dialed into that rally, at the end they were asked to submit who they plan to vote for or say if they were undecided. if you said undecided, you got a call from the cameron campaign this morning. it's going to be a tight race. that's what both sides are saying. >> it's interesting donald trump talks about joe biden. beshear, the democrat, does not talk about joe biden. joe biden is so unpopular in kentucky. thanks very much. now to pricella thompson. that turnout is expected. what do you expect in ohio? >> reporter: there was concern among pro-reproductive rights at voe ka -- advocates. voters understand what it means and they will vote yes on the abortion issue and the issue to legalize marijuana. what this abortion referendum says is that it's in the state constitution it would be protected but that the state legislature could still put limits on abortions after the point of fetal viability. we have talked about why this is so important to them. one young woman is outraged by what she is seeing. listen to what she had to say. >> as somebody who turned 13 when roe v. wade was passed, i'm outraged. this is my way to channel my outrage. it's about freedom. how dare they try to take away the freedom of more than half of the state of ohio? this is not a thing that the government should be involved in. >> reporter: of course, on the other side, you have a lot of anti-abortion advocates who have been organizing and trying to get folks to vote no on this issue. the most recent polling suggests that it is going to pass. most recent polling showing 57% of voters voting yes. the reason why this matters is because in the past year, we have seen at least half a dozen states rejecting limitations on abortion and putting these protections in place. there are at least seven states where this is going to be on the ballot next year. if ohio becomes the state to enshrine these protections, it could show some of the states in 2024 how to message around this issue. >> thanks so much. we will have all the results later tonight and tomorrow. it has been a month since the october 7th attacks by hamas where at least 1,400 israelis were killed. strikes inside gaza have created what the u.n. is calling a graveyard for children. the latest from the region coming next when "andrea mitchell reports" is back in 60 seconds. stay with us. you are watching msnbc. u are wac >> tech: when you get a chip in your windshield... trust safelite. this couple was headed to the farmers market... when they got a chip. they drove to safelite for a same-day repair. and with their insurance, it was no cost to them. >> woman: really? >> tech: that's service the way you need it. >> singers: ♪ safelite repair, safelite replace. ♪ he hits his mark —center stage—and is crushed by a baby grand piano. you're replacing me? customize and save with liberty bibberty. he doesn't even have a mustache. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ israeli forces are pushing deeper into gaza today, one month since hamas attacked israel. at least 40 hostages are still being held by hamas, according to israel. more than 10,000 palestinians have been killed, according to the hamas-run gaza health ministry. the u.n. reporting today that 40% of the hospitals in gaza have been -- have stopped working. they are out of fuel, out of supplies or they have been bombed. netanyahu saying israel will have the overall security responsibility for gaza for an indefinite period after the war with hamas ends. that was his first interview with abc last night. the prime minister dismissed growing calls around the world for a cease-fire, but said he is open to, quote, little pauses in the fighting, something the u.s. has been pushing for. joe biden just called him the other day. on "morning joe," the top communications official for the national security council was asked about president biden's push for a humanitarian pause in the call with prime minister netanyahu yesterday. >> i can't say for sure coming out of this conversation that there was an agreement in date and time and length and purpose, certainly, there was a strong expression by the united states that humanitarian pauses are something that we should be considering. we continue to talk to them on a near daily basis about managing their operations in such a way that civilian casualties can be minimized. >> joining us now is raf sanchez in tel aviv and the former british ambassador to the u.s. and former ambassador to turkey and france. raf, the situation on the ground. a u.s. official tells nbc news that more than 400 u.s. citizens and their families have now safely departed gaza through the egypt border -- to egypt through the rafah border. what is the latest on israel's ground operations? >> reporter: andrea, israel's military says it has fully encircled gaza city. we saw that when we were inside gaza, embedded with israeli forces on sunday. we were with a unit that was aligned on the northern edge of gaza city. they hadn't gone in yet. we expect forces will now begin going inside of gaza in a bigger way. the question is, will they try to take the entire city street by street, urban warfare, like what we saw in fallujah in 2004? or is this going to be more about targeted raids where israeli forces dart in, going after a specific target and get out again? the israelis say they would like all palestinian civilians to leave gaza city, to head to the south, which they say is safe. we should say, there are still israeli strikes going on in the south. there are palestinian civilians killed in areas there also. they would like gaza city to be free of civilians so they have freedom to operate against hamas. they opened what they called a humanitarian valve earlier today to allow civilians to leave. we saw a large group of civilians, women and children, marching under white flags going through that israeli point. the israelis say this is a sign of their determination not to injure palestinian civilians civilians. these are images that for the palestinian people revive painful memories of 1948, of 1967 when palestinians were displaced on a large scale. many palestinians fear if they leave gaza city, they will never go back to their homes again. israel says they will once the fighting is over. >> raf, thank you for your coverage on the ground. sir peter, welcome. what's the off ramp here? secretary blinken was flatly turned down by netanyahu. it was quite humiliating, the timing of it. now netanyahu seems to be giving a little. what we are hearing is that the u.s. has been calling for a different kind of air campaign, not the bunker buster bombs. smaller munitions that don't create such havoc in the civil population. israel says the hamas command and control is under the hospitals. something we cannot verify, that our western intelligence has not been able to verify. >> you are right. i'm not sure whether i would say it was humiliating. personally, i rather admire secretary blinken for going back again, even though he knew he was going to have a very difficult conversation with netanyahu. he wasn't very nice, having said we need humanitarian pauses and shortly afterwards netanyahu says, i'm not doing anything of the sort. there are many players in the region. it may be something can be done around some hostages being released, which might allow for a moderation of what the israeli ground forces are doing and air forces are doing in gaza. as you say, i think there are some signs that israel is possibly softening its position on munitions and bunker busting and the rest of it. it remains horrific. you have two sides which feel a sense of grievance and feel right is on their side. the gap remains very large. the international community is asking for humanitarian pauses. some people are asking for a full cease-fire. the american government, british government are saying they don't think it's realistic. >> let me ask you about the rise of opposition. one of the warnings the u.s. officials are giving to israel is that they are losing the support, the empathy the world had for them after the brutal -- the savage massacre. there are a lot of hate incidents. 1,000 incidents against britains from a prominent charity in the uk. we see them here at home. >> i think you are right. it's in a number of other countries as well. i think that from the beginning, there was something of a gap between the very firm support for israel's right and duty to defend itself come what may against the outrages of the 7th of october and a strong sense in the street in a lot of big cities throughout america and britain and france and elsewhere that the palestinians had a real grievance and the collective punishment was not the right response for israel. as time passes, i think the public opinion is going to become -- is becoming less and less tolerant of government policy. if this is going to be done, dealing with hamas, it needs to be done quickly. >> do you think there's time still? senators are beginning to doubt whether they can even get enough support. >> there's a great deal of division within major political parties. the democratic party as well as people within it who are divided about where they should be. the united kingdom, the labor party wants to take power next year, has got a real issue. most muslim voters in the united kingdom tend to vote labor, but they are nervous that the leader is taking a position which is pretty unequivocal in the support for the israeli government's position. the longer this goes on, the more politically divisive it becomes. >> sir peter, thank you very much for your long experience in the region. >> my pleasure. >> thank you. property values, how former president trump's testimony in his new york civil fraud case could influence the future of his name brand business. you are watching "andrea mitchell reports." this is msnbc. mitchell reports." this is msnbc. i need some sleep. ♪ [man relieved] if you struggle with cpap, you should check out inspire. inspire. sleep apnea innovation. learn more and view important safety information at inspiresleep.com [city ambience sounds] [car screech] [car door slam] [camera shutter sfx] introducing ned's plaque psoriasis. 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>> you came to the right conclusion. you said dizzying. that's a perfect word to describe what happened. the judge told trump's lawyer, control your client. the lawyer either could not control donald trump or did not want to, because trump kept ranting, he kept insulting the judge and james. it was like he was at a campaign rally. the judge said, if trump doesn't answer the questions directly, i'm going to remove him from the witness stand. the judge kind of chilled. i think in part because trump was making admissions when he deemed to talk about the case that didn't help trump's case but actually advanced the judge's analysis in terms of how much damages trump will have to pay. >> is the strategy that the trump team figured, they lost this because he has been judged guilty of the fraud, it's now just how much he has to pay, to oversimplify it? was he trying to provoke the judge into doing something that could help them on an appeal? or is this playing -- or maybe both. is this playing to the larger political audience that likes donald trump, the combatant? >> all of the above. whenever trump's lawyers have a choice to make between respecting the judge's orders or performing for their client, donald trump, they choose to perform for trump. four lawyers have been fined $5,000 each by this judge earlier for not following his orders. >> tomorrow we have to look forward to ivanka trump, at least scheduled. she's one of the few family members who was not deposed. we don't know what she's going to say. >> that's exactly right. we know she was involved in some deals with deutsche bank that james is interested in. her testimony tomorrow will be as new to the attorney general's office as it is to the rest of us. one really interesting thing is how hard she fought to not have to appear in court tomorrow. she said that she lives in florida. this court doesn't have jurisdiction over here. it's school and she has to take care of her kids. the judge was unsympathetic. >> thank you. new poll numbers showing voters are not really excited about a biden/trump rematch next year. more on that next. you are watching "andrea mitchell reports." this is msnbc. this is msnbc. because you are greater than your bipolar 1, and you can help take control of your symptoms - with vraylar. some medicines only treat the lows or highs. vraylar treats depressive, acute manic, and mixed episodes of bipolar 1 in adults. proven, full-spectrum relief for all bipolar 1 symptoms. and in vraylar clinical studies, most saw no substantial impact on weight. elderly dementia patients have increased risk of death or stroke. call your doctor about unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles or confusion which may mean a life-threatening reaction, or uncontrollable muscle movements which may be permanent. high blood sugar, which can lead to coma or death, weight gain and high cholesterol may occur. movement dysfunction and restlessness are common side effects. sleepiness and stomach issues are also common. side effects may not appear for several weeks. ask about vraylar and learn how abbvie could help you save. you've evolved. ♪ you've changed. so have we. that's why dove body wash now has 24 hour renewing micro moisture for continuous care. dove body wash. change is beautiful. right now get a free footlong at subway. like the new deli heroes. buy one footlong in the app, get one free. it's a pretty big deal. kinda like me. order in the subway app today. my frequent heartburn had me taking antacid after antacid all day long but with prilosec otc just one pill a day blocks heartburn for a full 24 hours. for one and done heartburn relief, prilosec otc. one pill a day, 24 hours, zero heartburn. ♪ (upbeat music) ♪ ( ♪♪ ) constant contact's advanced automation lets you send the right message at the right time, every time. ( ♪♪ ) constant contact. helping the small stand tall. ♪ if there's pain when you try to poo ♪ ♪ and going sometimes feels like you ♪ ♪ pushed through a pineapple or two ♪ ♪ colace is the brand you need ♪ ♪ to soften stools, we're all agreed ♪ ♪ #2 should be easy to do ♪ trust colace to soften stools with no stimulants for comfortable relief. with the 2024 presidential election only a year away, the likely potential rematch between frontrunners donald trump and joe biden not lighting a fire. the potential rematch has voters disaffected and dissatisfied, according to a new poll from "the new york times" and sienna college. that poll showing despite trump's current pending legal troubles, he is leading joe biden in five of six key swing states the president won in 2020. joining us is susan page, jim messina, and david jolly, former republican congressman. susan, one issue is a third-party threat. how does that cut? you have rfk junior. you've got others talking about third parties, whether they can get on the ballot is another question. what are you seeing? >> when you talk about third parties, a bigger prospect this time than in recent years, because there's so much unhappiness among americans with their two likely choices. where does it cut? interestingly, robert f. kennedy junior, despite his name, seems to hurt trump more than biden. he is drawing significant support. 22% in one poll, 24% in another. that's the kind of numbers we haven't seen since ross perot. >> i was going to say, that's a ross perot. it was 19% or 20%, even after he dropped out. jim, you were in chicago this weekend with the obama foundation. obama's senior advisor, david axelrod, he posted on x that president biden's re-election bid -- if he continues to run, he will be the nominee of the democratic party. what he needs to decide is whether that's wise, in his best interest or the country's. a very negative comment from a top advisor who worked closely with then vice president biden. >> yeah. look, what i think -- agree with susan. i think rfk hurts donald trump more than he helps anyone else. i think the democrats united behind obama for two reasons. the first is he has gotten a bunch of stuff done. he has a historic president. the second is democrats view donald trump's election as a moment -- the last moment of democracy. they know that biden beat trump last night. he will beat him again. the other thing is, there's no panic right now among democrats because they look at the polls and remember that this same time during the obama re-election, they said he was toast. bush trailed at the same point. clinton trailed at the same point. obama trailed at the same point. to your point, we have a long ways to go. next year, this race will solidify between trump and biden. >> jim, let me ask you, trailing by as much as he is trailing, incumbent president, against a likely nominee who has 91 iminal indictments against him? look at the numbers. five out o six battleground states. >> yeah. at this same time barack obama trailed romney by five points and trailed in every single battleground state. the polls this far out are historically really bad predictors of what happens next year. what's more interesting is election results. i think tonight we will get a bunch of election results from a bunch of bellwether places like pennsylvania and virginia. we will have real data instead of silly polls. >> david, let's look at iowa. the governor there, very popular, kim reynolds, has endorsed ron desantis, who has had problems with his own campaign. tied in the latest polls, 16-16 with nikki haley, far behind in second place. do you think that endorsement will carry him or will it depend on how he does in tomorrow night's debate? >> history suggests not, that it won't make a difference. this is one of the moments. you wonder, could there be a cat catalyzing event? the iowa governor is popular. she said she wouldn't endorse. but it was clear that desantis and his wife were courting her. donald trump was insulting kim reynolds. not a surprise. does it help desantis? he needs it to. iowa is becoming a must-win state for the florida governor. the takeaway from the cnn/"new york times" poll is the most trouble is for desantis and nikki haley. they are trying to make a case to republican voters that trump can't win. this poll says he can. it takes away the desantis/haley argument. they have nothing left to take to republican voters. >> susan, let's talk about michigan representative congresswoman taleeb. she's facing two censure resolutions following her pro-palestinian phrasing that some claim is anti-semitic because of its use by hamas. slotkin, a jewish member of the delegation, took to twitter and said, i work to reach out to arab and muslim constituents who i know are feeling fear and anguish. i tried to reflect that in my approach to the crisis. i ask the same in return. this is a problem for the democratic party. michigan is one of the states joe biden is under water in. >> this issue is dividing the democratic party in a big way along ideological grounds, generational grounds. younger voters on whom democrats depend especially sympathetic to the plight of palestinians. obviously, a long history of support for israel. this is very tough for democrats to take. >> thank you all so much. the warning signs. the head of the fbi telling congress, america is seeing the greatest threat of a terrorist attack in nearly a decade, especially in the month since the war started. republican mike turner joins us next on that and more. you are watching "andrea mitchell reports" on msnbc. that you and your family need. i promise to put your long-term financial well-being above any short term transaction. everyone has a big picture. my job is to help you invest in yours. 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there's a lot of concern about russia and others getting involved here. boiling over into violence? we have seen protests from california to florida. >> the risks are very real. as a result of director wray's testimony, i received a briefing from him today, and we concur from the intelligence we have seen that this probably is the greatest threat we have seen within the united states for over a decade. when you look at i.s.i.s., hamas, hezbollah, their efforts to call for attacks in the united states, combining this with individuals who have affiliations with international terrorist organizations who are in the united states, and part as a result of the access they gained through our southern bod bod -- border and the tensions occurring and as you said the world conflicts, i think the director is correct that this is a time period where we have great risk. his efforts to monitor those individuals who might have affiliations with intelligence -- excuse me, with terrorist organizations and getting the intelligence on those to thwart those efforts is very important. >> there's certainly no sign that this is going to be a short-term conflict. today house lawmakers met with families of the hostages held in gaza. they have been there a month now. let me play some of what we heard from one mother today. >> i'm here because it has been 30 days. every day is like eternity to me. i can't wait any longer, because i know that he was shot. i know -- i don't know anything. maybe -- everything is -- we don't have a list of the hostages. we don't know their condition. i don't have anything. so i need your help. >> we should be clear, under international rules of law, the red cross is supposed to have access to hostages, communicate with their families. hamas is not permitting that. >> remember, these are hostages that were taken from israel into gaza not hostages that were taken in gaza. it's that much more troubling and more worrying for the families. the intelligence community as is the department of defense to locate the hostages. the state department has negotiations to try to obtain their release. certainly, we are working with israel trying to identify where they might be located so they can be safe and located and hopefully freed. >> arguably, we put up drones, but that can help aboveground. i don't know that can help in tunnels or other hiding places. how helpful can a lot of concern in the white house and the administration about the kind of targeting the bunker buster bombs, hoping israel uses smaller munitions and try to preserve lives as much as they can and not further enflame the situation because of civilian casualties. where do you come down on the possibility of humanitarian pauses? i'm not talking about a cease-fire. >> humanitarian aid is incredibly important. we received a briefing yesterday on the status of what the u.s. is seeing with respect to gaza and certainly the importance of making certain that civilians, those who are not engaged with hamas and are kept as safe as possible, but as you indicated, the big concern is that as this becomes a war zone, the ability to get humanitarian aid to individuals, water, food, the basic needs is very heightened. and that's something on the priority list of the administration. >> we have got a situation now also where the palestinians are being told that by netanyahu last night that they will for some period of time reoccupy gaza. they left voluntarily, of course back in 2005-2006. but do you see that as being sustainable, given the conflict, given iran's involvement with hezbollah to the north, what is happening in the west bank with settlers clashing with palestinians there, this is so volatile. >> i think you're right. it is a very volatile situation, also a very fluid situationism wouldn't react to various comments that netanyahu might make about the -- what are the prospects in the future for gaza. i think right now the united states is working diligently to identify hamas, those who are a real threat, that identify the places in which hostages may be held so we can free them and also working to ensure there is humanitarian aid and assistance to the palestinians and gaza who themselves are prisoners of hamas also. >> do we let down our guard by considering hamas was contained, israel's problem, and not paying attention to them when we were focused on al qaeda and isis? >> i think, you know, this is obvious from the reaction. no one expected that hamas would undertake such a gruesome and horrible really heartless attack on innocent civilians in israel. and because of that, i mean, it certainly has changed the whole dynamic. israel put in place a significant missile defense system, understanding that hamas was going to continue to barrage israel with missiles, the very deadly missiles, by putting in place a system that would give them the ability to de-escalate as hamas was attacking with missiles, where there clearly was no interest on the part of hamas to de-escalate that or to negotiate. that step of what occurred, the horrific attack, i think really did set the stage for what we're seeing now in a way that people did not anticipate. >> mr. chairman, always a pleasure, we really appreciate your coming on. thank you. >> thank you. >> and we have breaking news from capitol hill. david weiss, the special counsel in the hunter biden investigation just completed his transcribes interview with the house judiciary committee. ryan nobles joins us now. what is the special counsel saying? >> reporter: the interview with special counsel david weiss is still ongoing, the new development that we have for you right now is that his opening statement to the house judiciary committee was released by the special counsel's office here in just the last 20 minutes or so. this is the first read as to what we're getting inside this closed door interview between weiss and both republican and democratic members of the house judiciary committee. i want to read a portion of it for you that really gets to the heart of weiss' testimony. he says, i am and have been the decisionmaker on this case. i do not, however, make these decisions in a vacuum. i am bound by federal law, the principles of federal prosecution, and doj guidelines. as a result, there are processes that i must adhere to in making investigative and charging decisions. these processes did not interfere with my decision-making authority. at no time was i blocked or otherwise prevented from pursuing charges or taking the steps necessary in the investigation by other united states attorneys, the tax division or anyone else at the department of justice. and what weiss is responding to is the testimony from two irs investigators who testified publicly under oath about their experience in investigating hunter biden and both of these career investigators said they felt at times that biden was given special preferential treatment by members of both the department of justice and the irs. and they specifically said that they were given the impression by david weiss he was not the sole decider in whether or not charges would be brought against hunter biden. and also he asked for special counsel status and was not granted it. weiss on two separate occasions sent letters to congress specifically rejecting that testimony, and now he's doing it on the record in this closed door meeting where he states pretty emphatically that there was never a point where he was told no, you cannot bring charging decisions in this case. now, andrea, this is important, because there has never been a special counsel that testified in front of a congressional committee while the investigation was ongoing. so this was an extraordinary step that the department of justice allowed for david weiss to participate in this hearing. i'm told that his testimony was really just focused on this discrepancy between his authority that as it was testified to by the irs whistle-blowers versus his perception of it and house republicans left the meeting a little frustrated because they were looking for month, they wanted information about the hunter biden investigation and this point because the investigation is ongoing, david weiss was not going to provide that. andrea? >> and, ryan, let me ask you about something that our producer is reporting, that a man was arrested outside a senate office building, capitol police officer received a call about a man with a gun. what details do we know? >> reporter: yes, so this did lead to somewhat of a scramble on capitol hill in the past half hour or so. we did see a group of capitol police officers rush off the first floor of the capitol and into that area on the east front where often pedestrians kind of walk in front of the capitol to try and secure the area and what we're being told by capitol police and you're right, it comes from our frank thorp that this was a situation where there was a report of an individual with a gun, that capitol police quickly responded to it and did apprehend the individual. at this point, there does not appear to be any sort of ongoing threat related to this case, but capitol police did move quickly. they were preventing people from leaving the capitol while they addressed the situation, but it does appear that it was all contained to this moment, the person is under arrest and at this point there does not appear to be an ongoing threat here on capitol hill. >> ryan nobles, thank you on all things, appreciate it. and this just in, the supreme court justices appear to be indicating that supreme court might uphold a 30-year-old federal law that prohibits dmoeft domestic abusers from using firearms. joining us now with the latest is ken dilanian, nbc news justice and intelligence correspondent. this is an important case because it involves domestic abusers who are under restraints who for 30 years have not been able to purchase or carry firearms. there have been several tragic cases where shootings have occurred that one of which was involved in this appeal. >> that's right. we're here because the conservative 5th circuit ruled that provision was unconstitutional, based on last year's decision where the supreme court said any gun regulation had to have an analog and history in the 1700s. the 5th circuit said there was none for this provision. a majority of the justices appeared to disagree today based on their comments and questions, amy coney barrett who concurred with the decision, she said up front she believed that domestic violence abusers restraining orders can be considered dangerous and can be prohibited from possessing a gun. but the larger question in this case is whether the supreme court will come down with a set of rules that better interprets the bruins decision because it resulted in a lot of gun laws being knocked out by lower courts across the country and various debates about what exactly is the history of gun control in the united states. there are historians that argue that the decision as written by clarence thomas badly misinterpreted the history of gun regulations in the u.s. it is the law of the land. and now we'll see whether this court further interprets it to bring some sanity to what is a really chaotic set of gun laws around the country right now. >> they would need one more justice besides coney barrett, though, because that would make it 5-4 in favor of overturning? >> that is correct. it is really hard to interpret where some of the justices were going, with the language, but none of them indicated that they would be in favor of knocking out a provision banning firearms from people with domestic violence orders. >> ken dilanian, as always, thank you. and that does it for this very busy edition of "andrea mitchell reports." follow the show on social media at mitchell reports. "chris jansing reports" starts right now. good day. i'm chris jansing live at msnbc headquarters in new york city. if you're looking for a road map to the 2024 election, today's election may be the perfect place to start. from kentucky to mississippi, ohio to virginia, we'll dig into the critical races and referendums being decided as we speak, all potentially packed with national implications.