i'm jose diaz-balart. overnight in washington, violent clashes between police and protesters outside the democratic national committee headquarters as tensions erupt over the israel-hamas war. meanwhile, overseas, israeli forces storm gaza's main hospital for the second time in 24 hours. what israel claims they found inside. china reacts to president biden calling xi jinping a dictator, just hours after the critical meeting between the two world leaders. breaking moments ago, the house ethics committee has released its report on its investigation into republican congressman george santos. and senator tammy duckworth joins us to talk about that and tommy tuberville's block on military promotions. we begin this hour in washington, d.c. where last night a violent clash broke out between pro-palestinian protesters and capitol police, just outside dnc headquarters. among the hundreds of people in attendance, police said dozens of demonstrators got into a shoving match with officers. nbc news obtained exclusive video footage that shows demonstrators lined up around the dnc. one arrest was made for an assault on an officer. joining us now, gabe gutierrez. good morning. what happened last night? >> reporter: hi there, jose. good morning. this protest escalated very quickly and as you said, one person arrested, but six officers injured according to capitol police. and this morning they're releasing new details about what exactly happened. the organizers here outside of the dnc say they were here as part of a peaceful protest, a candlelight vigil trying to draw attention and calling for a cease-fire. however, capitol police say that it went well beyond that, that this protest was not peaceful and they tried to step in to protect the people inside. last night there were democratic representatives, as well as candidates here, at a campaign reception. and the chanting escalated in turn into violence when protesters clashed with police. police say at least six officers were injured. that the person that was charged actually punched one of these officers in the face. and we asked organizers here, they were blocking entrances to this building, why did they do that? they claim they were trying to funnel the people inside through one exit so they could make their voices heard. either way this escalated very quickly, jose, and, of course, hakeem jeffries was also inside and there is politicians that had to be evacuated. >> and, gabe, are there any new security precautions today? >> reporter: well, not so much. the area has been cleaned up, jose. however, there are police barricades that are still up behind me. but as of now, it is pretty quiet here, much more quiet than last night. >> gabe, we also get breaking news in the case of a jewish man who died after an altercation during a protest? >> reporter: certainly, jose. look, the past several week there have been escalating pensions between pro-israel and pro-palestinian protests. there were duelling protests in california earlier this month. just within the last few minutes we learned there has been an arrest and charges in that case. this is related to the death of 69-year-old paul kessler. he died after falling and hitting his head. you'll recall there was a dispute about whether one of the pro-palestinian protesters may have been involved with him in a scuffle at the time. police said they were investigating this, asking for videos from the public. just within the last few minutes, we heard that there has been a person charged with involuntary manslaughter. his name is rory arahi and arrested in connection with the death of paul kessler. again, charged with involuntary manslaughter, his bond set at $1 million. >> gabe gutierrez, thank you so very much. this morning, israeli defense forces are continuing their operation inside the al shifa hospital complex according to an idf spokesperson. israel's military lee leas rele video showing what it claims to be weapons and equipment throughout the hospital. nbc news is not there and we are unable to verify these claims. so far israel's forces have not found the tunnels and the command and control center believed to be there by israeli and u.s. officials. but, virtually no information has emerged from the hospital today, with officials in gaza warning of a telecommunications blackout as electricity and power runs out. meanwhile, in jerusalem, gunfire broke out as three gunmen opened fire at a crossing, injuring seven people before being shot and killed by police according to a law enforcement spokesperson. last night, president biden was asked about a potential timeline for israel's operations in gaza. >> i made it clear to the israelis that to bibi and his war cabinet, i think the ultimate answer here is a two-state solution that's real. >> joining us now, raf sanchez in tel aviv. you spent time with israel's force inside gaza. what did you see? >> reporter: yeah, jose, we traveled to the edge of gaza city yesterday with the israeli military to a root that thousands of palestinians are using to flee on foot south, getting away from the fighting that is raging in gaza city. we saw whole families there, jose, carrying whatever belongings they could strap to their backs, leaving their homes behind, leading to an uncertain future. it was a painful scene i want to show you what we saw. under the watchful eyes of israeli troops, an exodus of palestinians from gaza city is under way. children with their hands up, their parents clutching i.d. cards. the white flag flying amid the destruction. >> we have been covering this war for more than a month. but this is the first time that we are seeing with our own eyes palestinian civilians inside of gaza. >> reporter: this is what israel's military calls a humanitarian corridor, opened a few hours each day for civilians to flee on foot. and escape the fighting raging in gaza city. a quarter of a million palestinians have taken this route so far, israel says chld as a condition of access, nbc news agreed to blur some faces and submit our raw footage to israel's military sensors, though not our final story. >> i think every jew and israeli can be proud of the fact we're letting innocent civilians out of the fighting area, out of the fighting zone to clear it out. >> reporter: for israel, this is proof their war is only against hamas, not the people of gaza. for many palestinians, this feels like forced displacement. this is their deepest national trauma of being moved from -- out of their homes and unsure when or if they'll ever be able to go back. we ask israel's military. can you guarantee that these people will be able to return home one day? >> i think that is really going to be in the hands of a lot different players. one of the main ones is hamas. >> reporter: soldiers call out in hebrew, in case hamas is smuggling hostages in the crowd. asking the children, put your arms, put your arms up, we'll come and save you, don't worry. >> reporter: so far, no sign of the hostages. israel believes they're hidden in hamas' vast network of tunnels like this shaft in a rural area near the border. >> we know if you were to go through this and map out what this leads to, you would reach our hostages. >> reporter: they found nothing in this tunnel. now, they're lowering explosives. moments later, israel searching for hostages held in darkness. palestinians heading into an exile of dust and despair. and, jose, we were about a mile east of the al shifa hospital there in gaza city, which israel says hamas has been operating out of throughout this war. so far the israeli military has shown evidence of a handful of assault rifles, some grenades, ammunition, various hamas literature they found in the hospital. they have not yet shown any evidence of these tunnels or this command center, which they say is beneath the facility. >> raf sanchez in tel aviv, thank you very much. and now to california, where president biden is preparing for more meetings at the economic summit of asian and pacific rim leaders. this comes one day after his high stakes meeting with chinese leader xi jinping, which the president called constructive and productive. the two leaders reached agreements on military to military communications, fentanyl, trafficking and artificial intelligence, but the president says he has no illusions there is a lot of work ahead. >> trust but verify is the old saying goes. that's where i am. and, you know, we're in a competitive relationship. china and the united states. but my responsibility is to make it -- make this irrational manageable so it doesn't result in conflict. >> peter alexander joins us. what else came out of the meetings yesterday? >> reporter: you know, jose, i think the biggest headline from this summit that was months in the making, simply the fact that it happened with the tensions between the u.s. and china rising, of course. that's spy balloon that the u.s. shot down, the leaders of the world's two greatest superpowers haven't spoken in a year. and now importantly they have cleared the air, lowered the temperature, agreeing as president biden described it to pick up the phone when the other one calls. following his historic summit with president xi, their first face to face meeting in a year, president biden touting progress in restoring some normalcy to the u.s. and china's strained relationship. >> i believe they are some most constructive and productive conversations we have had. >> reporter: no breakthroughs or commitments from the chinese to use their leverage with russia and iran to diffuse the wars in ukraine and the middle east. they will combat the flow of fentanyl from china into the u.s. >> more people in the united states between the ages of 18 and 49 die from fentanyl than from guns, car accidents or any other cause. period. >> reporter: as for concerns about chinese interference in the 2024 election, president biden says he was blunt. >> made it clear i didn't expect any interference, any at all. >> reporter: the president's comments punctuating a warm greeting for his adversary and four-hour meeting where president xi acknowledged escalating tensioned but emphasized a way forward. planet earth is big enough for the two countries to succeed, xi said, while adding it is unrealistic for one side to remodel the other and conflict and confrontation, he said, has unbearable consequences for both countries. later, president biden standing by his past assessment that president xi is a dictator. >> look, he is. he's a dictator in the sense that he's a guy that runs a country, a communist country. >> reporter: the chaedz foreign ministry quickly responding calling the remark extremely wrong and irresponsible political manipulation. overnight, he was the guest of honor at a glitzy dinner featuring a parade of business leaders, including elon musk and heads of apple, boeing, and fedex. and i think it was striking about that event last night that you have the world's biggest communist leader being celebrated, more than minute long-standing ovation, and then another, celebrated by some of the country's biggest business members, biggest business men and women, and billionaires. jose? >> and, you know, there he is representing a country that has -- continues to mistreat uyghurs by the millions, you know, the human rights violations of that government are just extraordinary. and, it is interesting there was such a reaction by the chinese to the president of the united states declaring a fact that xi jinping is a dictator. >> reporter: i think you're exactly right. i think the president obviously spent months as his aides trying to reduce tensions of this potentially would cause a flap of some kind. but is evidenced by what i think for the chinese was the biggest takeaway from here, the way he was celebrated by those business members here, really trying to lure back american business to beijing. the chinese, as you know, has seen major economic challenges right now. housing crisis, youth unemployment in that country, more than 20%. >> peter alexander, great to see you this morning in san francisco. thank you, my friend. breaking moments ago, on the hill, the house ethics committee says there is, quote, substantial evidence that republican congressman george santos broke the law. what santos just posted to social media just moments ago. we're back in 60 seconds. you're watching "jose diaz-balart reports" on msnbc. s you're watching "jose diaz-balart reports" on msnbc. 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>> well, first of all, jose this is pretty shocking news from george santos. and it really does explain just how damming this report released by the house ethics committee which is comprised of an equal number of republicans and democrats and pushed out unanimously by the committee and just goes into great detail about the problems and issues they believe that george santos was involved in, many of which they believe are not becoming of a member of the united states congress. and we know that already in the works there are plans to introduce new resolutions to expel him from office. but the reason that this is surprising, that george santos decided that he will not seek re-election, is that he has been so insistent at every stage of this investigation that he wasn't going anywhere. and he was even insistent he would run for re-election despite all the issues surrounding him. and in a statement he just put out a few minutes ago, he said i will continue on in my mission to serve my constituents up until the time i am allowed, which is interesting, because that is alluding to the fact he may be pushed out by his constituents, however i will not seek re-election for a second term in 2024 as my family deserves better than to be under the gun from the press all of the time. now, i do want to show you a bit of this report and why it is so damning and why it likely led to george santos being forced to decide he wasn't going to step down from re-election. this was the quote from the committee, they say the committee concurs with the isc's determination that representative santos' conduct warrants public condemnation, is beneath the dignity of the office and has brought severe discredit upon the house. that is unequivocal. they don't leave any room for any kind of wiggle room for george santos to try to explain his way out of this particular situation. the big issue that many republicans who have -- to a certain degree protected him from being removed from his office has been that he deserves due process, deserves the right to be investigated, and adjudicated, among all these wild allegations that were set upon him. i think you're now going to start to see some of them believe that this is that due process, that an equal number of republicans and democrats have looked into his background and decided he is not fit for office. the big question, now, jose, now that we know he's not going to run for re-election, how long can he hold on to this house seat and could an expulsion process begin as soon as members of congress return after the thanksgiving break? jose? >> so, ryan, what would that expulsion process look like? what needs to happen? >> so, essentially, a resolution has to be introduced. and we know there are several of these resolutions already in the works. for instance, we know now that the chairman of the house ethics committee michael guest, who is essentially the person that directed this investigation is among those that planned to file this resolution. that resolution would be brought to the floor, it would outline all the reasons behind why members of congress would vote to expel santos from office and then it would be a vote on the floor. and depending on the results of that vote, if it is enough votes to expel him, he would be kicked out of congress. and it would happen pretty swiftly and pretty immediately. so there is the possibility that it could happen by the end of the year. now, there is considerations here for republicans given the fact that the margins are so tight between republicans and democrats in the house of representatives. it is one of the reasons that the former speaker kevin mccarthy was reluctant to kick santos out of office because it is not as if the way the replacement process works in the house, it is not something appointed by the governor and in new york, if that were the case, the governor is a democrat, it would require a special election. so, and this is a highly competitive district, it is one that up until santos won was held by a democrat, so the chances that once santos left office that he would be replaced by another republican are very slim. so, that's one of the reasons you've seen republicans to a certain extent try and just push this process off. it has gotten to the point now, jose, where the information is too damning, he's subject to a wide range of criminal indictments as a result of this, and now you have this bipartisan ethics report that just shows just how difficult this situation will be for him to hold on to his position. jose? >> ryan nobles on capitol hill, with breaking news for us this morning. thank you very much. appreciate it. and with us now, we're going to expand our conversation now, because there are so many things i've been looking forward to speaking with my next guest on, illinois senator tammy duckworth, she sits on the armed services and foreign relations committee, served as a blackhawk helicopter pilot during the iraq war. some of your republican colleagues took to the senate floor last night to rebuke senator tuberville. here is what lindsey graham had to say. >> i'll look with senator tuberville and lee and anybody else and everybody else to find a solution that is acceptable to them, to get us back on track, to talk about the issues i just discussed. but i promise you this, this will be the last holiday this happens. if it takes me to vote to break loose these folks, i will. >> and, of course, what senator graham is talking about is tuberville's hold on any kind of military promotions, et cetera, that's been going on for some time now. senator, if a solution can't be found soon, senator graham said he would vote for a resolution that would allow the senate to bypass tuberville's hold and pass the votes through, will this be resolved soon? >> it is a temporary resolution that would go through the end of this congress. so the end of next year and would allow us to move promotions. it is critically needed. we have gone to the floor multiple times. i've been on the floor multiple times asking unanimous consent to promote everybody at once, which is how we have always done it or naming folks one by one. senator kaine just did that and senator tuberville persists in endangering our national security for his very partisan politics and a goal that when we asked him, we offered him votes on the floor, he declined. we offered him votes in committee, he's declined. he's grinding our national security to a halt and i think this resolution will be able to allow us to bypass him. >> and just what kind of an impact has this, these blockades, had on military preparedness? >> it has been devastating to military preparedness. think about this. we have two ships off the coast of israel right now. and yet we have no fifth fleet commander. our three star general who is supposed to be our representative to nato, she can't take her position and so we don't have a permanently appointed person at nato at a time when ukraine is at war, we have american troops in places like romania and poland, you know, so what he's done has really endangered our national security, pushed the military to the brink. in fact, the commandant of the marine corps was doing two, three jobs and in fact collapsed just recently. so we have to do something to fix this problem and simply talking recently with senator tuberville, bringing him on to the floor, has -- none of this has worked. we need to go around him at this point. >> and, senator, staying in the middle east, israeli forces are conducting what they say are targeted operations in al shifa hospital in the gaza strip. the israeli defense forces have put out a video claiming to show hamas military equipment inside the hospital. nbc cannot confirm that. if there are weapons in that hospital, it would violate some rules of law. how does israel deal with that, senator? >> well, you know, israel is making these highly targeted attacks, they're letting the hospital personnel know when they're coming in, telling them where to stay away from the israeli forces as they go in. bottom line, first and foremost, hamas must release the innocent hostages. these are people who are pulled out of their beds. they're holding a child who watched her parents be slaughtered by hamas. they have to let the hostages guy and we have known for years now that hamas has tunnel networks where they keep all their arms. and hamas has many months supply of food, fuel and medicine that they're not sharing with the residents in gaza. what israel is doing is the right step in terms of keeping it targeted to hamas and making sure they're going into the hospital, they're letting the folks know in advance to move away from the area where they'll be operating. >> how do you see, senator, this war finishing? >> well, what i want to see, first and foremost is the hostages released. i want to see a humanitarian pause to allow aid to get in to gaza, i want to see hamas allow aid to get into the hostages. we know many of the hostages have significant injuries. red cross, red crescent society having a hard time getting into gaza. we actually have a thousand americans of palestinian-americans who hamas is blocking from leaving gaza, even though we have egypt and the idf said they can come and open gates but hamas isn't letting them through. what i see is aid getting in, getting rid of hamas, and then i still think there is potential for two-state solution where we can live in peace in the middle east. >> senator, thank you so much for being with us this morning. appreciate your time. >> thank you for having me. thank you. up next, why prosecutors in georgia's election interference case, former president trump, are trying to put one of his co-defendants back in jail. in l this is how it feels to du more with less asthma... ...thanks to dupixent. dupixent is not for sudden breathing problems. it's an add-on treatment for specific types of moderate-to-severe asthma. and can help improve lung function for better breathing in as little as two weeks. dupixent helps prevent asthma attacks... and can even reduce or eliminate oral steroids. imagine that. dupixent can cause allergic reactions that can be severe. get help right away if you have rash, chest pain, worsening shortness of breath, tingling or numbness in your limbs. tell your doctor about new or worsening joint aches and pain, or a parasitic infection. don't change or stop asthma medicines, including steroids, without talking to your doctor. who knows what you can do when you du more with less asthma. ask your doctor about dupixent. the most prescribed biologic for asthma. ♪ my name is josh sanabria and i am the owner at isla veterinary boutique hospital. i was 5...6 years of age and i knew i was going to be a vet. once alexandra called me to let me know that bank of america had approved my loan... it was important to me. we not only just provide the financing piece, we do everything that we can to surround them with the right people. all you need is a perfect, amazing team that will guide you through the right steps to be successful. and that's what bank of america was for me. you want to be able to provide your child through the right steps to be successful. 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. ♪ ♪ 28 past the hour. today in georgia, new developments in the state's election interference case, accusing former president trump and 18 others of trying to overturn the results of the 2020 presidential race. on wednesday afternoon, the lawyer for one of the defendants, misty hampton, admitted he released video of prosecutors interviewing some of the co-defendants because he thought it would help his client. and in the same case, the fulton county d.a. has now asked the judge presiding over the case to revoke bond of another defendant, harrison floyd. prosecutors accuse floyd of intimidating witnesses and other defendants. joining us now, blayne alexander, also with us msnbc legal analyst lisa rubin. blayne, what more do we know about why misty hampton's attorney leaked this video? >> reporter: well, jose, he said because he thought that what the videos had to say were the videos revealed were helpful to his client and he thought the public needed to know that. he kind of gave a small preamble saying he wanted the court to know, he wanted to be able to sleep well at night and he wanted to admit he did leak the videos to one media outlet. he spoke about two videos and said he thought what the two people had to say wasn't harmful, he thought it was helpful to his client, so he thought people had a right to know that. that's why he says he put the video out there. as for what impact this will have on the case, remember, the entire reason that we saw this hearing take place yesterday was because the d.a.'s office in response to those videos being leaked by this attorney and others because several other media outlets had it as well was because they wanted to put some sort of safeguards in place to stop something like this from happening again. they were asking for protective order and the judge indicated that he's going to grant that at least in part. he basically hasn't issued his order yet, but gave a strong indication that he's going to grant an order, meaning that if the d.a.'s office designates some material as sensitive, when it comes to discovery, that would be subjected to protective order, jose. >> so, lisa, does the lawyer face any kind of repercussions at all for leaking these videos? >> i don't think so, jose. the reason is because it is not clear that what happened here, even though in the colloquial sense it was a leak, meaning media organizations like us, we could not have obtained these through open records requests or the d.a.'s office itself, but there were no legal restrictions at the time on jonathan miller's use of the videos and his decision to share them with one media organization. i should also note it appears that he's not the only person who shared these videos. as we know, two media organizations had access to a total of four videos for all four of the co-defendants who have since pled out. jonathan miller yesterday choosing his words carefully said he sharedoutlet. it remains to be seen how the other media outlet may have gotten a hold of the videos there was likely another lawyer or lawyers involved in sharing those videos, jose. >> and so there could be some repercussions if in the future they decide to do that? >> i don't think there will be repercussions, but i think that judge scott mcafee would have a right to be disappointed in a lack of candor from whoever that lawyer might turn out to be. jonathan miller, as blayne alluded to, said yesterday i want to be able to sleep at night, i wanted to be candid with the court. there are expectations of lawyers as officers of the court who have a duty of candor at all times with the judge. the fact that there might be another lawyer who shared those videos and didn't come clean yesterday likely doesn't mean that that person will be subject to discipline, but it would not be good for that person's relationship with judge scott mcafee and even with prosecutors over the long-term as this case evolves, jose. >> turning to harrison floyd, who chases charges related to pressuring a election worker to falsely say she took part in election fraud, what do we know about that? >> reporter: harrison floyd is one of the 19 original co-defendants. one of the lower profile of the co-defendants that's been charged in this case. but, you know, many people have described him as somebody who as a kind of problem child from the very beginning. he is the only one of the 19 co-defendants who spent any significant time in jail. head kind of a skirmish when he went to turn himself in with law enforcement. and so now the d.a.'s office is saying that he is violating and has violated multiple times the terms of his bond agreement. they pointed to his twitter feed, saying he tweeted a number of times, even mentioning the secretary of state, members of his office, other georgia officials, and the d.a.'s office said that amounts to witness intimidation. they want to shut that down. the other thing is that, you know, all of the people here are certainly being asked not to discuss this case. he went on a podcast at one point and talked about the plea deal with jenna ellis. the d.a. is pointing to a number of things she says violate the terms of the bond agreement. but also kind of sending a larger message, yes, while this is a sprawling case, a lot of balls to keep in the air here, she isn't going to hesitate to take action if she finds somebody is violating their terms. >> and, lisa, meanwhile, just this morning, the manhattan d.a. rejected trump's motions for evidentiary hearing. said the hush money case should proceed to trial. how surprising is that? >> not surprising at all. they maintained their case, while not as important as some of the other cases going on against president trump, it has merit and it was not a function of what president trump would call selective prosecution or that it is reflective of any weaponization of political influence against him. in this brief, they say their case had merit, that it could be proven, even on the evidence shown to the grand jury prior to the indictment, and that everything else about their indictment stands up and has merit, including the timing. i expect that evidentiary hearing will lead to the continuation of that case against former president trump, even if it is not tried as rapidly as some of the others, jose. >> blayne alexander and lisa rubin, thank you so very much. up next, world leaders and international aid organizations criticize israel's raid on gaza's biggest hospital. does israel have the right to go into that hospital? what does international law say when we're talking about fighting at medical facilities. we're going to dig into that next. you're watching "jose diaz-balart reports" on msnbc. nt you're watching "jose diaz-balart reports" on msnbc. 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happening at al shifa. how do the rules aply to what we're seeing in gaza right now? >> great to be with you. i spoke with professor jessica wolfindale at case western reserve university and international law is very clear. i want to quickly remind our audience where we're talking about. this is the gaza strip, you can see these are the main hospitals in the north of gaza. and we're talking about al shifa, the biggest, the best medical clinic in the gaza strip. the idf says their operation is still ongoing, and just for some numbers, so our audience understands, you can see the at late image of the complex. earlier today the director of the hospital was speaking live on al jazeera, saying there are 650 patients, 500 medical staff, 5,000 displaced people. so as we're talking about the legal protection of the medical facility, we're also talking about a lot of civilians who are there. under international law, medical facilities are protected. there are situations, i think we have bullet points to show our audience, where that protection can be lifted, when there are acts harmful to the enemy. that is a legal term. when a hospital is used as a base to launch an attack, for example, an observation post to transmit information of military value, a weapons depot, we have these lists, a center for liaison for fighting troops. the professor makes a good point that under international law, the combatant, the attacking enemy, the attacking army, i should say, has to have that evidence prior to the attack. take a listen to what she said. >> searching for evidence is not itself a justifiable reason to attack a hospital. now, maybe there is evidence of a command center, maybe of military communications happening, or, again, even military -- if the hospital is being used to fire at the enemy unprovoked, that would be counted as evidence. the question is not so much whether evidence was found, but was there evidence prior to the decision to attack the hospital that, you know, justifies the reasonable certainty that is being used for a prohibitive purpose. >> so the professor and other experts really say what they're looking for is the strength of this evidence that the idf, that the israeli military, had before they attacked. if that evidence exists. really interestingly she said when thinking about proportionality, about launching an attack on a hospital, you can't just think about the medical facility and the current role and the civilians and patients currently there, you have to think about the long-term effects of gaza's biggest and best medical facility being attacked. jose? >> molly hunter, thank you so very much. really appreciate that. joining us now is admiral james stavridis, former supreme. always great seeing you. just, you know, your thoughts on what molly was just talking about. if you look at israel's current operations at the that hospital, what are you seeing as the challenges of a military operating near, in, within the boundaries of a hospital? >> i commend the report that was just put together, it was very clear and, you know, jose, after i got out of the military, i became the dean of an international law school, the fletcher school of law and diplomacy at tufts. looked at it very hard in those times and as a commander during the libyan operations. it is incumbent upon militaries to avoid any harm, not only to innocent civilians, but also to medical providers. and, by the way, not just hospitals, ambulances, doctors wearing that red cross or red crescent, all medical personnel, equipment, all of that on a battlefield, is in a protected status. but, as you heard quite clearly, if there is evidence of military activity, then it does become a legitimate target, it has to be done in such a way, the attack, that avoids collateral damage to innocent civilians. but as i put it all together, and i hear from various intelligence sources, like the expert you provided, i'm waiting to see the israeli evidence, i suspect it is going to be pretty good. they have been studying this for a long time and time thought here, jose, the unique aspect to this, this is a hospital that is on top of 300 miles of tunnels that inarguably had been used for military purpose. i'm virtually certain some number of those tunnels pass under that hospital. we'll know more, i think, over the next day or so because the israelis know they have to show an account of why this is a legitimate military target. my bet is they will do so. >> and admiral, meanwhile, israel's military says it has now gained operational control over gaza's harbor this morning. is that significant? >> it is very much so, jose. the reason is because if they did not have control over that harbor, there would be a potential path for hamas, hezbollah, iran, to resupply the fighters in gaza. israel's worked very hard to control the entire perimeter of gaza, gaza city, and obviously 20 miles of that is open ocean. the harbor is where an opponent would try and conduct smuggling, resupply, it is important that they control it. israel has their own version of u.s. navy s.e.a.l.s. they're as good and i think that is probably who spearheaded the operation to control the harbor. >> and, admiral, i'm thinking, you know, we're still talking about 200 plus hostages that are there. how do you see this going forward? we're in 42 days. >> yeah. first and foremost, all of our hearts ought to go out to those hostages. they were very few of them were israeli military, the vast majority are civilians, including many international individuals. i take some comfort in president biden's comments, just yesterday, that there is negotiation. i think the qataris are spearheading this negotiation. perhaps some number of them will be allowed to leave fairly soon. let's hope so. but to the military side of this, jose, i can tell you again from personal experience in the region, you and i both know so well, latin america, we conducted hostage rescue operations in colombia. and that is a very difficult type of operation to conduct. high risk to the hostages. final thought, the key is going to be using special operations troops effectively. we talk about precision-guided missiles, the most precision-guided instrument on a battlefield is a special operations force member. using those to come in close around the hostages is their best chance of survival. >> admiral james stavridis, a pleasure to see you. thank you for your time. up next, it was supposed to be a once in a lifetime event for a group of high schoolers in ohio. now, the community is reeling after their bus crashed on the way to a conference, killing six people. we'll bring you that report next. you're watching "jose diaz-balart reports" on msnbc. you're watching "jose diaz-balart reports" on msnbc. ee 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, 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medicare. 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. ♪ students... students of any age, from anywhere. students in a new kind of classroom. ♪ using our technology to power different ways of learning. ♪ harnessing ai to plant new beginnings. ♪ so when minds grow, opportunities follow. 51 past the hour. in ohio, a community is reeling after what was supposed to have been a once in a lifetime event turned tragic. three high school students, two parent chaperones and a teacher were killed. rehema ellis has more. >> reporter: ntsb saying the investigation will take more than a year. they are vowing to find out what caused the deadly crash in ohio, killing three students, three chaperones and injuring 15 others. >> our mission is based on determining how this happened, why this happened and toreoccur. >> reporter: they were on their way to a state conference. >> there are no words for the sheer magnitude of loss and grief felt by all of us. >> reporter: a reading of the victims' names. >> first is senior jd whirl. >> reporter: he loved playing the drums. his father wrote, jeffrey lived life with love and empathy for others. we are devastated. john mosley, 18 years old. caitlyn owens, a sophomore, was 15. killed, three chaperones in the suv behind the bus. math teacher dave knott was the ski club advisor. would you call him one of your favorite? >> absolutely. he was just a great person. >> reporter: 39-year-old krista gainer was a wife and mother. shannon whitfield was a chaperone and is being remembered as a friend, mentor and inspiration to others. >> it made us all hug each other and hold each other a lot. >> reporter: rehema ellis, nbc news. >> what a devastating tragedy. turning now to the race for the white house. a new poll shows former president trump leading the gop field by nearly 50 points over florida governor desantis. no other candidate reached double digits. in a matchup with president biden, trump is a slide two point edge, which is within the poll's margin of error. while these numbers paint a picture of the direction of the race, it's important to note we are one year out from the 2024 election. joining us now, susan page. great seeing you. what's your reaction to this new poll? >> what's interesting in this poll to me is the appetite that most voters have for more candidates in this race. we have a president, a former president. we have somebody named kennedy. a majority of voters say they would like more people to get into this race, more candidates to jump in. that shows how dissatisfied they are with the current choices. it's a recipe for turmoil, even though we are getting to the point where the votes begin to be cast in these caucuses and primaries. >> interesting when you do have that three-way matchup in this poll. rfk junior is polling at more than 20%, at 21%. look at those numbers. what does it tell you about -- where is kennedy's source of strength? >> we should note that third party candidates often poll better farther away you are from the election. you get toward voting, voters who considered voting for a third party come back home to republicans or democrats. that said, rfk junior is a complication. he is drawing from both sides. you would think somebody named kennedy would draw from democrats. he is probably hurting trump more than biden. the get in multi-candidate races, the math gets complicated. you go from arithmetic to trig when you figure out what's going to happen in swing states. >> we have to mention -- this is before joe manchin announced. he did hint at a presidential run with my colleague kristin welker. listen to this. >> i'm totally, absolutely scared to death that donald trump would become president again. i think we will lose democracy as we know it. i'm afraid that joe biden has been pushed too far to the left. can he come back? we will see. the bottom line is, that's not the joe biden we thought was being elected to go that far left. >> are you considering running for president? >> i will do anything i can to help my country. >> is that a yes? >> does that mean you would consider it? absolutely. >> well, so who do you think manchin's coalition would be? >> you know, it could be the no labels ticket, the idea of a centrist ticket, of a joe manchin and, say, larry hogan, the former republican governor of maryland. i gotta say that chills the spine. it worries enormously team biden. that's a little bit of joe biden's brand, being a moderate, being a centrist, governing with progressives and appealing to liberals. it's the middle ground he claims. if no labels fields a candidate, gets them on enough state ballots to make a difference, that could get the election -- it's the case that democrats are trying to make that case to joe manchin and to no labels urging them not to run. he sounded like he was interested in being a candidate in that interview. >> susan page, thank you so much. turning now to georgia, where fulton county judge mcafee issued a protective order. lisa, what does this mean? there is now a repercussion for releasing videos? >> there would be a repercussion for releasing videos. it will be up to the fulton county d.a.'s office to go back through all of the discovery that they have produced to date and designate things they don't think should be in the public domain. judge mcafee is saying in this record, look, the orderly defense of the case depends on the public not being able to vet everything. we don't want to create incentives for the d.a. to withhold materials from defendants that are necessary for their defense just because they fear that they will be out in the public and could intimidate witnesses or other participants in this process. i think we should expect from here on out that videos of pleas, for example, are not going to be in the public domain, at least until we get considerably closer to trial. then whether or not those materials become public will be subject to negotiations of the trial. >> lisa, what would be possible repercussions? what teeth would it possibly have going forward? >> a violation of a protective order is the sort of thing, jose, that a judge can impose their own sanctions or punishment for. that include contempt of court or a fine or at the most extreme, could lead to even larger punishments. i think really what it does is put all the attorneys on notice, you are being watched. not all of these materials will be for public consumption. don't try that again. >> lisa, thank you so much. >> thank you. that wraps up the hour for me. you can reach me on social media @jdbalart. thank you for the privilege of your time. andrea mitchell picks up with more news right now. right now on "andrea mitchell reports," conflicting versions of what's unfolding at gaza's al-shifa hospital, with israel saying its troops found a hamas command center inside. a claim not verified by nbc news. denials from the doctors inside as well as hamas. president biden reacting last night. >> we can't let it get out of control. let me be

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