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good morning. it is 11:00 a.m. eastern, 8:00 a.m. pacific. i'm jose diaz-balart. breaking overnight, big democratic wins in several key states on this off year election cycle. abortion rights proving to be the main driver of their success. what this means for 2024 and how that could affect the republican candidate's strategy tonight during the third gop debate. we'll have a preview. inivanka is now on the stand in her father's $250 million fraud case. overseas, israel says its troops are in the heart of gaza city as its military steps up its ground offensive against hamas. the white house warning israel about its plans to take over security in gaza. we'll talk to senator mark warner of virginia, chairman of the intelligence committee, about that and more. and we begin this hour with big victories for democrats and abortion rights. yesterday's elections. in ohio, voters added the right to an abortion to the state constitution. seven states voted to protect abortion rights since the supreme court overturned roe v. wade last year. in kentucky, nbc news projects democratic governor andy beshear defeats republican attorney general daniel cameron after a campaign which abortion rights played a role. in virginia, democrats appear to have held on to their state senate majority and took control of the house of delegates, it is a rebuke of governor glenn youngkin who hoped the republican-led legislature would pass a 15-week abortion ban with exceptions. mississippi, republican governor tate reeves defeated brandon presley for his bid for a second term. with us to start off our coverage this hour, nbc news correspondent priscilla thompson in columbus, ohio, nbc news reporter gary grumbach in richmond, virginia, and steve kornacki at the big board. so, priscilla, what are voters saying there about how a red state like ohio was able to pass this abortion amendment in a very clear manner? >> reporter: yeah, jose, well, it may have had something to do with the way this amendment was written. while it does enshrine the right to an abortion in the state constitution, it also allows for the state to place limits on access to abortions after the point of fetal viability. so around 22 to 24 weeks. and as for how voters here are reacting, those who were in favor of this amendment are overjoyed. we were in the room at a watch party last night as this decision came out. and the crowd erupted in cheers. i want to play some of the conversations we had with folks right after that decision was announced. >> it is unlike any other feeling i have ever felt, just overwhelmed with joy for democracy and for freedom of people. >> politicians need to understand and hear that we are going to show up, we're going to show out when it comes to protecting conditions that impact our communities, our people, our family, and they won, we won. >> we put our hearts and souls into this. we showed up for those who could not show up. we fought for those who were voiceless. >> reporter: and as you might expect, antiabortion advocates are waking up with a very different feeling today. some of them calling this decision heart breaking. but also not backing down, saying that they fought for 50 years to overturn roe v. wade, and they are going to continue this fight. so, no change in messaging, no change in tone, and that is going to be a big question looking ahead to 2024, where this issue of abortion is going to be on the ballot in a number of swing states and red states, looking to the same thing as ohio, many with very similar language to what we're seeing in ohio, putting limits on abortions at a certain point. so we will certainly be watching to see how it all turns out next year. jose? >> indeed. and, gary, it appears virginia democrats not only kept control of the state is not, but flipped the house of delegates. this is a big defeat for the governor of that state. >> reporter: yeah, jose, if was a repudiation of everything governor glenn youngkin said he wants to get done, from the economy, to education. but chief among them, the issue of abortion. governor youngkin has been very clear about his plans, what he wanted to get done. that 15-week with exceptions ban on abortion, voters yesterday were also very clear with what they wanted, which was to keep things the way they are right now, which is 26 weeks and one day. i want to introduce you to a guy by the name of schuyler, he just won a race outside of richmond, that youngkin was hoping the republican state senator incumbent in that race, who is also an obgyn would really win. here is what he had to say about his win. >> i think our victory and victories across the state are a sign that folks want progress to continue. they want us to focus on the things that matter, whether it is their kids' schools, whether it is bringing down healthcare costs, creating a dynamic economy, protecting our environment, you know, trying to reduce gun violence, and they certainly don't want us taking away women's rights. >> reporter: so the next two years are going to be a big test of whether governor glenn youngkin is the consensus builder that he says he can be, especially as he may be looking forward to 2028. jose? >> priscilla and gary, thank you very much. steve kornacki joins us from the big board. looking forward to the recap of some of the victories. we were focusing in on kentucky yesterday and what the governor there needed to do. it was kind of a growth pattern for the governor there. >> yeah, beshear who had barely won this governorship in 2019 expanded on what he won, he won by 5,000 votes four years ago, about .4. this is now going to be a five-point victory for andy beshear, a 70,000 vote margin. we improved in what we were talking about yesterday was that beshear had already in 2019 won and done well in some areas where democrats at the federal level, presidential candidates, don't. in 2020, joe biden had won two out of the 120 counties in kentucky. last night, andy beshear won 26 of the 120 counties in kentucky. i think what is most notable really is when you start to look at this portion of the state, the eastern part of the state, traditionally what has been coal country in kentucky, if you went back a generation or two, overwhelmingly democratic in these areas, but in the last 20 or so years, they have completely swung the other way at least in presidential elections and going republican. you're looking at counties, these blue counties that beshear won are counties where trump was getting 70, 75% of the vote in 2020 and yet beshear was able to win a whole bunch of them last night. so, he also got massive margins in core democratic areas, fayette county this is the second biggest in the state, this is where lexington is, university of kentucky, he got 72% of the vote out of there. 66% there four years ago. even in a core democratic area, he got bigger margins, high population area like that. that can add up fast. the biggest county in the state, 20% of the state, jefferson, where louisville is, beshear gets 70%, he got 67 there four years ago. he maximized his strength in the big population democratic areas, but he also won over a lot of voters from counties that trump was carrying by massive 45, 50 point margins. in that sense, it is interesting to see part of the story, i think is a state like kentucky, where, again, if you went back just 20, 30 years ago, democrats were very competitive at the presidential level in kentucky it no longer that way. but there are a lot of voters left in kentucky who remember voting for democrats who spent a lot of their lives voting for democrats, who no longer feel an affinity for the national democratic party or joe biden, but they still could look inside their state for a race like governors. not a federal race. and they might see a candidate like beshear, who polls say they liked, they thought he was doing a good job and they're still willing, a lot of them are willing to vote for a candidate like that, even if that candidate is a democrat. that's what we saw in kentucky last night. >> steve kornacki, thank you so very much. appreciate it. up next, ivanka trump is on the stand right now testifying in her father's civil fraud trial in new york. what she's revealing so far about the family business. we're back in 60 seconds. you're watching "jose diaz-balart reports" on msnbc. you're watching "jose diaz-balart reports" on msnbc. 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. ten past the hour. right now in a new york city courtroom, former president trump's eldest daughter ivanka is testifying under oath in the $250 million civil trial that threatens her father's business empire. while she's not a defendant in the case, a former president and his two sons, adult sons, are accused of inflating the value of various trump properties, the banks and insurers to secure more favorable rates. they deny any wrongdoing. joining us now, msnbc anchor lindsey reiser from outside the courthouse and joyce vance, former u.s. attorney and professor at the university of alabama law school. lindsey, what are we hearing so far this morning? >> reporter: jose, very interesting to see some of the trump family dynamics at play here. ivanka trump being the first family member that we're seeing not go to the defense table before going to the witness stand first, and, remember, she has her own attorney here, and she is already trying to separate herself from the organization and the case. you mentioned she is not a defendant anymore. she was dropped in june as part of an appeal because the statute of limitations. so she is solely a witness today. and she started very confident and cooperative on the stand, soft spoken, the judge asked her twice to speak up. we're getting into the phase where she is a little bit more evasive. many of her answers have been i do not recall when asked about certain communications or documents involving deals that she was involved in, but the attorney general's office saying that she secured and negotiated loans to obtain favorable terms, based on fraudulent statements of financial conditions and the attorney general saying she will try to distance herself, but she was very much involved. ivanka saying she hasn't worked or gotten paid by the trump organization since 2017. and saying that with these statements of financial condition that she, of course, knew that the organization had financial statements, but wasn't deeply entrenched, relied on her accountants, similar to the defenses we heard already from her brothers. now, there is also been some asides between trump's attorney and the judge, with the attorney objecting about relevance. at one point the judge saying, again, are you going to object to every document and then most recently there was a document signed by donald trump and he had objected asking why is she receiving, why was she dragged from her home on this and the lawyer for the attorney general's office getting upset saying she was the one who was negotiating these deals top to bottom and negotiating interest rates. remember, it is those interest rates that are at the heart of the case in part because the attorney general's office contends those interest rates should have been higher given the higher risk given the lower net worth and cash on hand other than what they represented, jose. >> and, so, joyce, there is a lot of back and forth as lindsey was saying, on the witness stand, you know, the whole issue of this document that was utilized to secure this loan, do you remember, i don't remember it, i don't recall, i don't remember. what's your reaction to what we're hearing out of the court this morning, joyce? >> right. i think it is a fascinating series of exchanges because, of course, the judge is considering damages. how much of their ill gotten profit the trumps will have to disgorge. the attorney general is painstakingly going back to the beginning with this testimony and ivanka trump was involved in the initial creation of this banking relationship with deutsche bank. some of the documents she has been asked to look at this morning have raised significant questions about whether those financial statements in fact comported with cash on hand and with the wealth valuation that they were putting forward to secure those interest rates. so this is straight up the middle. the core of the attorney general's case on damages. >> and so, joyce, what is her, like, exposure? does she have any legal exposure on this? >> not in this case. ivanka trump was dismissed as a defendant because her involvement with the organization predated her trip to the white house where she was a senior adviser for the president. and that meant she was outside of the statute of limitations. the attorney general's only permitted to go back a certain number of years when charging defendants. her involvement in the trump organization precedes that. but the careful tight rope she has to watch here is like any other witness who is testifying under oath, she could, if she wasn't truthful, subject herself to the penalties of perjury and that certainly is something that the attorney general will be very alert for today. >> and, joyce, the last time ivanka trump testified about her father was before the house january 6th committee where she acknowledged her father lost the election. the times called it, quote, a major embarrassment for the former president. what does it tell you about what we could expect today from her? >> i'm not sure that it is very predictive in this case. because for the trumps, there is always politics and business. and certainly for ivanka trump, she'll want to do anything that could avoid tarnishing her reputation, but at the same time it seems unlikely that she would gratuitously do thing to impact rest of her family. i think the real problem that she has in this testimony is she doesn't know exactly what is coming, she has begun to assert the bad memory defense as she is shown documents from 2011 and later, that talk about the origin of that relationship and the real problem she faces is just how far will she go to save herself but still remain in the good graces of the family and her father. >> lindsey reiser and joyce vance, thank you both so very much. appreciate it. the world leaders in the g-7 call for a humanitarian pause in gaza as israel says troops have entered the heart of gaza city. plus, the house censures democratic congresswoman rashida tlaib over her comments on the war. we'll play that for you next. you're watching "jose diaz-balart reports" on msnbc. you're watching "jose diaz-balart reports" on msnbc. hi. my name is kim and i am 41 years old. i've been given the opportunity to work from home, so that means lots of video calls. i see myself more and i definitely see those deeper lines. i'm still kim and i got botox® cosmetic. i wanted to keep the expressions that i would normally have, you know, you're on camera and the only person they can look at is you. i was really happy with the results. i look like me just with fewer lines. botox® cosmetic is fda approved to temporarily make frown lines, crow's feet, and forehead lines look better. the effects of botox® cosmetic may spread hours to weeks after injection, causing serious symptoms. alert your doctor right away as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness may be a sign of a life-threatening condition. do not receive botox® cosmetic if you have a skin infection. side effects may include allergic reactions, injection site pain, headache, eyebrow, eyelid drooping and eyelid swelling. tell your doctor about your medical history, muscle or nerve conditions, and medications, including botulinum toxins, as these may increase the risk of serious side effects. see for yourself at botoxcosmetic.com. 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. he hits his mark —center stage—and is crushed by a baby grand piano. you're replacing me? 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>> reporter: the military says they're tightening their net around gaza city. they say they have the city encircled. they're now moving toward the center of it. and they say they are look for hamas' senior leaders, the men who they say are responsible for planning and ordering the october 7th massacre of civilians inside of israel. they say they believe these men, including hamas leader are in that network of tunnels underneath gaza city and they say they are determined to get to them. there is a so-called humanitarian corridor open today for palestinian civilians to leave gaza city to head south. around 15,000 people left yesterday. the crowds appear to be similar today. but we do think there is still hundreds of thousands of palestinian civilians who remain inside gaza city despite those calls from the israeli military for them to leave. we could see the northern edge of gaza city when we were inside the strip with the israeli military on sunday. and, jose, viewers might be wondering why would palestinian civilians choose to stay inside gaza city when the fighting is so fierce there? and the answer is partly to be found in palestinian history. most of the people from gaza are the descendants of refugees, people who were displaced or fled their homes in 1948 and were never able to go back to them. and very, very many palestinians inside gaza fear that if they leave their homes in gaza city, in the north of the strip right now, they will not be able to return home when the fighting ends, they fear they will be permanently displaced. israel is trying to reassure them that's not the case, but the history makes them very, very wary. the humanitarian situation inside gaza remains absolutely dire. jose, one number that has been sitting with me, there are 50,000 pregnant expectant mothers inside gaza, 180 of whom are giving birth every single day, that's according to the united nations and you can only imagine if you are a young woman about to give birth to a child, inside of a war zone, just the unbelievable fear and anxiety you have about the world that you are bringing that child into. israel is telling people to head to the south. it is relatively speaking safer in the south, but there are continuing israeli a strikes in the south also. and the u.n. is saying that at this point there is nowhere safe for civilians inside of gaza. jose? >> raf sanchez, thank you so much. up next, five republican presidential candidates get ready to take the stage at the third gop debate, and once again, without donald trump. what they have to do tonight to cut into his lead? is it possible to cut into his lead? you're watching "jose diaz-balart reports" on msnbc. you're watching "jose diaz-balart reports" on msnbc. rd and i'm a business owner. i own a lemonade and ice cream shop in florida, so i can feel and see that my lines have gotten deeper just from a year out in the sun. i'm still marie and i got botox® cosmetic. i did not want a dramatic change. i wanted something subtle. and i'm really, really happy with the results. it's still me, but with fewer lines. botox® cosmetic is fda approved to temporarily make frown lines, crow's feet, and forehead lines look better. the effects of botox® cosmetic may spread hours to weeks after injection, causing serious symptoms. alert your doctor right away as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness may be a sign of a life-threatening condition. do not receive botox® cosmetic if you have a skin infection. side effects may include allergic reactions, injection site pain, headache, eyebrow, eyelid drooping, and eyelid swelling. tell your doctor about your medical history, muscle or nerve conditions, and medications, including botulinum toxins as these may increase the risk of serious side effects. see for yourself at botoxcosmetic.com. ever notice how stiff clothes as these may increase the risk of serious side effects. can feel rough on your skin? 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>> we have time in this race. do remember that. that is still about ten weeks away from the iowa caucuses. and this will allow, you know, someone if you're ron desantis or nikki haley to basically stand out without donald trump on the stage. donald trump has a significant lead right now, nationally in the early states, but we're going to see as nikki haley and her poll numbers have gone up, she can kind of command stature on that debate stage and then ron desantis got a big endorsement from iowa's republican governor kim reynolds, can he capitalize on that. so there still is time. but you're right, this is a big challenge and big hurdle. >> wondering what impact do governors supporting other governors have in real terms traditionally in races? >> traditionally it would be if that person is a very popular governor, like kim reynolds is among republicans in iowa, that confers, like, she has blessed, given her, you know, to that person. and in normal politics, you would end up saying, i would love to get the endorsement from the most popular politician in iowa, the one problem is donald trump still remains one of the most popular political figures in the entire republican party. but, it will be interesting to see if that actually does help ron desantis who has been kind of flagging in the polls. and so he, i think, he certainly needed this boost, but we'll see how much it ends up benefiting him. >> donald trump will hold a rally in hialeah not too far from here, a city that is 96% latino. you've been talking to people there and throughout south florida. what message is trump sending by going to hialeah? >> he's saying the hispanic community, the latinos are very important to him, he realizes that he needs a latino community if he wants to win or get to the house -- white house again. and he's also trying to get closer to them in his policy. and he knows that latinos have very good memory and they remember better times economically when he was in office. >> susan, abortion was probably the most important issue on voters' minds yesterday. do republican candidates have to say anything different? do they have to react to these results and we're seeing that state after state after state, seven states, right, have had calls on abortion and they all have gone one specific way. do the republicans have to in some way address that? >> yeah. republicans are divided on this issue. and in a way democrats are not. we know from the exit polls, one in five republicans supported that ohio abortion management to enshrine abortion rights in the state constitution. and we know that evangelicals and people who oppose abortion rights continue to be an important force in the republican party. so this is a tight rope for republicans who need to get through these primaries and face a general election. we see among others president trump adjusting his rhetoric on abortion as we have seen in the election returns over the past year. >> we started with some polls showing president biden trailing donald trump in some key battleground states. the biden campaign thinks that last night's results are vindication. is it indeed vindication? >> as susan was describing, last night was a good night for democrats and shows you -- it was -- for -- yes, biden is the head of the democratic party, a good night and it shows you how powerful the abortion issue is. not only in ohio, but also in kentucky and certainly in those virginia legislative races. but the one thing is that whether or not that's validation from -- for president joe biden, do note that in ohio, according to the exit polls we had, his approval rating was at 39%. even though that measure passed with 57% of the vote, 18-point gap, and you still had seven in ten voters who said i don't want joe biden on the ballot in 2024. jose, when we talk about the polls from earlier this week, you know, joe biden could be down two or three points in key battlegrounds, he could be up two or three, but we all have to brace ourselves for a very, very close election a year from now, particularly for people on the ballot are donald trump and joe biden. >> susan, we can always remember 2016, the polls there were almost consistently wrong. how do you square last night's results with bad poll numbers for the president? >> yeah. well, you know, it is a year -- mark said it is a long time until that republican contest start, only ten weeks. it is a whole year until the general election where we may see president biden versus donald trump. that is a lot of time. as the white house has been pointing out, there is a history of first term presidents having kind of a sag in their approval ratings a year out and coming back to win a second term that was true for barack obama. that's true and yet there is -- you cannot deny there is big nervousness in the democratic party about joe biden and his vigor and his age. even though the economy is doing pretty well in some ways, he is not getting credit for that, jose. >> yeah. and, christina, here is some of what florida governor ron desantis had to say yesterday about legal immigration. >> there is some republicans that say, as long as it is legal, it doesn't matter. i don't subscribe to that. i think that immigration should only be done when it benefits the american people. if it doesn't benefit the american people, then it should not be something that is being done. >> this was part of your story last night. how do you think voters, specifically latino voters, see and hear these comments? >> the people we have spoken to, they don't want open borders, they don't want to see the chaos they're seeing at the border, but they also don't want to be accused of not being part of this country, or they don't want to be alienated and a lot of the latinos here don't want the border looking the way it looks right now, but they do want to bring family members. it is another tight rope that the republicans are walking today, and we have to see what it is that they're going to say. they have to be careful what the border, they have to talk about the border, but they can't alienate the latino population. and that's tough. >> susan, mark, thank you all for being with me this morning. tune into to msnbc for after tonight's debate, analysis at 10:00 p.m. eastern, 7:00 p.m. pacific on msnbc and streaming on peacock. back to one of our other top stories today, the hearing is in a break as ivanka trump testifies today in her father's $250 million civil fraud trial. let's bring in lisa rubin who has been inside the courtroom all morning. she is out for the break. what was it like? >> reporter: you know, jose, this is really a study in temperamental contrasts because ivanka trump came this morning as poised as we remember her, and also unfailingly polite. and the import of her testimony today isn't so much what she remembers, spoiler alert, like her brothers, it is not a whole lot, and the documents that she has been shown this morning don't necessarily refresh her memory about her involvement. but what the attorney general's office has been able to do this morning is show that donald trump turned to deutsche bank and deutsche bank's private wealth management unit in particular, as a lender, starting in 2011, because more typical commercial real estate lenders, whether they be banks or private equity firms, wouldn't do business with him on terms that were satisfactory to him. rather, because of the risk that they assumed he posed, they wanted to change him fairly high interest rates, and it wasn't until ivanka and jared met rosemary robig they got the deal they were seeking. in exchange for very low interest rates, comparable to what others in the market were offering, deutsche bank asked for two things. they wanted donald trump to sign a personal guarantee he could cover all of the principle and income on the loan and the operating income, the doral golf course, and they also wanted him to attest that he had a minimum net worth of $2.5 billion, which as ivanka and trump organization lawyer named jason greenblatt acknowledged to each other in an email exchange was going to be a problem. nonetheless, donald trump told deutsche bank not only did he have $2.5 billion in his network exclusive of his brand, he had over $4 billion. this is a difficult set of documents for the trump organization and the ag's case against them. if you were in the courtroom, you would see nothing but what seems look a hypertechnical even dull presentation with a very polite, very conscious ivanka trump moving through the testimony as uncontroversially as she can. >> and, far different from what is happening with her father on the case there. and so, there is a 15-minute break and then they come back shortly, i presume. >> reporter: we are. we'll be there until about 1:00 p.m. for our lunch break, then break for an hour, come back at 2:15. ivanka trump is expected, however, to be cross-examined by her father's lawyers. that's in contrast to how they are handling her adult lawyers who are defendants in the case, and how they are handling donald trump. and each of those three cases there was no cross examin rather we expect each of the three of them to come back when the defense gets to present its case in chief. here, however, because ivanka is not a party and because of her father's stated desire to minimize inconvenience for her, they tell the judge they are going to cross-examine her later today. we'll see what the scope of that is. and bleeds into tomorrow, perhaps, jose as well. >> lisa rubin, thank you so very much. appreciate it. up next, following breaking news from israel where we're getting word of negotiations under way for a possible pause in the fighting. you're watching "jose diaz-balart reports" on msnbc. h. you're watching "jose diaz-balart report os"n msnbc. somedays, i cover up because of my moderate to severe plaque psoriasis. now i feel free to bare my skin, thanks to skyrizi. ♪(uplifting music)♪ ♪nothing is everything♪ i'm celebrating my clearer skin... my way. with skyrizi, 3 out of 4 people achieved 90% clearer skin at 4 months. in another study, most people had 90% clearer skin, even at 5 years. and skyrizi is just 4 doses a year, after 2 starter doses. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine, or plan to. thanks to clearer skin with skyrizi - this is my moment. there's nothing on my skin and that means everything! ♪nothing is everything♪ now's the time. ask your doctor about skyrizi, the #1 dermatologist-prescribed biologic in psoriasis. learn how abbvie could help you save. 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(vo) it's your vision, it's your verizon. 45 past the hour. on capitol hill, the house voted to censure democratic congresswoman rashida tlaib last night. the only palestinian-american in congress. it comes after members from both parties condemned her rhetoric on the israel-hamas war, specifically around the phrase hamas uses that jewish groups view as a call to destroy israel and that the anti-defamation league deems anti-semitic. she has defended the phrase and became emotional during her speech on the censure resolution. >> the cries of the palestinian and israeli children sound no different to me. why -- what i don't understand is why the cries of palestinians sound different to you all. >> nbc's julie tsirkin joins us from capitol hill. it was a bipartisan vote. why did some democrats vote against tlaib and some republicans did not? >> reporter: yeah, four republicans, jose, voted against that censure resolution, essentially for reasons of free speech and the first amendment. what is interesting, though, you had 22 democrats who actually voted to censure tlaib. some of the democrats include brad snyder of illinois, who said this is not the perfect vehicle to censure tlaib for her comments, especially the ones she made over the weekend, but it is the only vehicle they have and that's because democratic party leadership, while condemning her comments, specifically when she embraced the slogan from the river to the sea, the one that you reference the at the top of your remarks there, because that was the only vehicle, the only time in this situation where republicans wanted to censure tlaib. democratic leadership not endorsing that. but i have to tell you, this is just a tense moment in the capitol because not only are democrats divided for her rhetoric, tlaib being one of these muslim americans serving in congress, it is something that divided democrats in terms of the call for a cease-fire as well. especially with progressives. you saw some of them sitting behind tlaib, many calling for a cease-fire, disagreeing with the biden administration's strategy when it comes to this war here. this is something that has been heated, we saw the first attempt to censure tlaib last week fail. that one led by congresswoman marjorie taylor greene. this time, though, all through the weekend, we heard various democrats expressing regret for tlaib's comments, ones she defended on the floor, and also quite emotional and you heard her there compare, the lives of israeli children to palestinian children. she cried at one point as well with her colleagues comforting her. this is something that is just not going to go away, especially as this war just takes a different turn. >> julie tsirkin on capitol hill for us, thank you so much. up next, a breaking up date from israel. and a major loss for virginia's republican governor after democrats take control of the general assembly and maintain control of the state senate last night. we'll talk about what this could mean with virginia senator and state's former governor mark warner. you're watching "jose diaz-balart reports" on msnbc. you're watching "jose diaz-balart reports" on msnbc. i'm in everybodies home and my favorite homes are wayfair homes. the wayfair homes just have that razzle dazzle. they redid the guest room. all at prices you can't believe but you should and blitzen fast shipping, north pole in two days so this year go to wayfair for goodness sake. the gifts. you have one job nick. ♪ wayfair you've got just what i need ♪ (smelling) ew. gotta get rid of this. ♪tell me why♪ because it stinks. ♪have you tried downy rinse and refresh♪ it helps remove odors 3x better than detergent alone. it worked guys! ♪yeahhhh♪ downy rinse and refresh. 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[ting] ♪♪ live in the moment. ask your doctor about otezla. 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. you want to be able to provide your child with the tools or resources they need. with reliable internet at home, through the internet essentials program, the world opened up. fellas, fellas. that's how my son was able to find the hidden genius project. we wanted to give y'all the necessary skills to compete with the future. kevin's now part of this next generation of young people who feel they can thrive. ♪ ♪ 52 past the hour. breaking news concerning the israel/hamas war. nbc news has just learned that the u.s. is in discussions with israel and qatar about a possible pause in fighting for up to three days in gaza. joining us is one of the reporters who broke the story. what more do we know about this? >> this is sort of the latest evolution of a discussion now for weeks about trying to figure out a way to have a pause in the fighting of hours or days that would allow more aid to get into gaza, allow civilians to get out of gaza, foreign nationals, and to somehow secure the release of at least some of the hostages. more than 200 that are held by hamas in gaza. you have qatar acting as an intermediary. then you have the biden administration speaking to israel, trying to encourage israel to agree to a pause or a series of pauses in the military operations. the trick is the distrust. israel has been reluctant so far to ease the military pressure on hamas after that attack on october 7th that killed 1,400 israelis. they are wondering, can they trust the word of hamas about the hostages, about the safety of the hostages? this is still a very delicate -- it may not reach an agreement. >> thank you so very much. it's a story that needs to be told. i appreciate you being with us this morning. joining us now, senator mark warner of virginia, chairman of the senate intelligence committee. i thank you for your time. if we could just start our conversation about this reporting. you have called for a short-term cessation to accomplish three goals. one is the successful delivery of needed humanitarian aid to civilians under strict and necessary oversight. what is your reaction to these discussions? >> i think it's good news. i think it's good news in terms of getting aid to gaza. i think the humanitarian crisis there, with 10,000 dead, is an enormous challenge. i think there's got to be time as well to see if we can get a breakthrough on hosthostages. we have to view hamas -- this is a terrorist organization committed to the destruction of israel. this humanitarian pause i think is in israel's long-term interest as well, to make sure that we can show israel's ability to defend itself within the rules of war. i also think it's very important -- i put out a letter with a number of colleagues last night as well, urging the israeli government and our administration to press the israeli government to reign in some of the settler violence that's going on in the west bank. the worst thing in the world for israel is if we have further outbreaks of violence on the west bank where suddenly israel would have a second front. there needs to be respect for innocent palestinian lives. >> indeed. senator, what would a strict oversight of aid going into gaza look like? >> i think you have seen it's been negotiated already in terms of truck delivery. it's really complicated. you have to get -- you have to get approval from the egyptians from the south. you would have the americans weighing in. you would have israelis. you would have to deal with hamas and the u.n. to make sure the delivery of the aid falls into the right hands. i thought it was curious that -- and a good sign that the jordanians literally air dropped some of this aid to their hospital in gaza. i think the idea of innocent civilians being killed was such, at times, abandoned and not following the rules of armed conflict. obviously, it breeds huge discontent. >> senator, you are convinced israel is not following the rules of war? >> i think anyone from an outside standpoint -- you have got secretary blinken making the same case that there needs to be this humanitarian pause. i think that is appropriate, and i do think -- i hope that some of the scenes we have seen, the level of bombing, will not be necessary, because you now have israeli troops surrounding gaza city. it will be a city taking out the tunnels and the hamas leadership. clearly, in terms of world opinion, israel, for a number of weeks now, has been losing that world opinion consideration. you see that by protests breaking out everywhere. it's in israel's best interest not to have the other arab states that have created abraham accord recognitions to drop away from those accords. it's in israel's best interest to make sure that you don't have this settler violence. i hope the israeli government recognizes that. >> senator, i want to kind of turn the page on this. i want to turn to last night's elections in our country. it was a major win for democrats across the country, particularly if your home state. democrats holding on to the senate, flipping the house. what were your takeaways? >> virginians voted for freedom to make sure politicians don't interfere with women's health care choices. they didn't like some of the attitudes that were being proposed by the republicans of rolling back voter rights or rolling back gun laws. i do think virginia, which is influenced by the federal government -- we have a lot of federal employees, defense installations, the absolute chaos that's been coming out of the house of representatives, the extreme nature of the maga republicans, i don't think that's what virginians and overwhelming members want to see brought to richmond. >> do you think, senator, that what we saw last night in your state could have some implications going forward? i'm thinking next year, even as president biden -- some of the approval ratings in your state sit at 38% or so. >> yeah. the president has tough numbers not only in virginia but elsewhere. i do think -- the point i tried to make to the white house is that the first election of the 2024 national election cycle is the virginia legislative elections in 2023. it was across the whole state. there are a lot of key issues debated. it was a very popular republican governor with an agenda that i don't think virginia accepted. democrats holding the line and actually not only holding the line, but taking back the house. it was a good night for virginia democrats. >> senator mark warner, it's a pleasure to see you. thank you for being with us. appreciate your time. >> thank you, sir. want to wrap up with some good news. a fond farewell happening this morning in washington, d.c. it's bittersweet, i guess. the nation's zoo, three giant pandas are heading back to china for good. the pandas have been a loved feature in the nation's capital since the first two arrived in the 1970s. their departure, which stems from an agreement between the u.s. and china, is the first time a panda exhibit in washington, d.c. will be exty. the shots of them eating, i could watch these all day. thank you for your time in d.c. that wraps up the hour for me. you can reach on on social media. thank you for the privilege of your time. andrea mitchell picks up with more news right now. right now on "andrea mitchell reports," ivanka trump on the witness stand two days after her

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