war crimes charges connected to the war in ukraine. u.s. officials announcing gruesome details about what russian soldiers did to an american living in ukraine. in gaza, israel says its troops are engaged in the most intense fighting of the two-month war so far. battling hamas in the heart of gaza's main city. meanwhile, nbc news exclusive, we'll talk to our reporter who has reviewed evidence suggesting hamas raped or mutilated dozens of israeli women on the 7th of october. back at home, dictator for a day, we'll play for you what former president donald trump says he'll do on day one if he's re-elected. and breaking overnight, a suspect in custody after police say he went on an eight-hour shooting spree killing six people. ght-hour shooting spree killing six people and we begin this very busy hour with breaking news from the justice department where last hour attorney general merrick garland announced the doj filed charges against four russia affiliated personnel for allegedly for churg and unlawfully confining a u.s. national in ukraine during the russian invasion. joining us now is ken dilanian, good morning. what do we know about the charges? >> good morning, jose. this is a significant moment for the justice department and they gathered together the most senior law enforcement officials in the government, not only attorney general merrick garland but fbi director chris wray, dhs secretary alejandro mayorkas and a number of senior prosecutors and u.s. attorneys to announce the first ever war crimes charges in this case against four russian soldiers accused of attacking and detaining and torturing an american national in ukraine. take a listen to attorney general merrick garland. >> these charges against four russia affiliated military personnel, the justice department's first criminal charges under the u.s. war crimes statute. they are also an important step toward accountability for the russia regime's illegal war in ukraine. our work is far from done. >> the work is far from done. that was significant because they made clear they continue to investigate alleged war crimes in ukraine and also the attorney general said in response to a question, alleged war crimes by hamas on october 7th. and, you know, what was described in this indictment is horrific on the one hand. and, two, russian commanders are identified by name in this indictment and charged and then two soldiers identified only by first names. and they allegedly tortured and detained and threatened mock execution against this american who was simply a bystander, living in a village in southern ukraine. at the same time, we all know from our consuming many news accounts about this, far from unique, one of many horrific crimes that russian soldiers allegedly committed. but what was significant is that the long arm of the u.s. government reached out, verified this person's account, identified these russians and charged them with federal crimes. they're not in custody, but the u.s. has a long memory with these things and those russian commanders will not be able to travel anywhere where the united states has extradition powers, jose. >> ken dilanian, thank you very much. now to the latest on the israel-hamas war. the israeli military says its troops are involved in some of the most intense fighting so far, the two month war. israeli forces are now in the heart of khan younis, gaza's second largest city. this as the u.n. says food, water and medicine in gaza are running short and civilians are simply running out of places to flee to. ahead of the egyptian red crescent and north sinai tells nbc news, 100 aid trucks are getting ready to enter gaza. he said today, two fuel trucks already entered the battered enclave. and the families of the hostages being held in gaza are worried about the worsening health of their loved ones today. they urge the israeli security cabinet to pause the fighting and negotiate with hamas to get the hostages out. nbc's raf sanchez is in tel aviv for us. israel's ground operation is fueling an increasingly apocalyptic situation for palestinians in southern gaza, what is that situation like? >> reporter: well, jose, apocalyptic may be an apt word. the dynamic is you have most of the population of the gaza strip concentrated in the south in that area around khan younis and at the same time you have very, very intense fighting going on in that area. i was speaking earlier to a man named mohammad, a palestinian british scientist, he's in khan younis. he was telling me he's hearing artillery all around, hearing machine gunfire, and he and his family, 30 members of his family sheltering in a single three bedroom apartment. they're facing the same painful decision that families all over gaza are facing. do they keep going south toward the egyptian border in search of safety, or do at the say where they are, stay in their home, risk being encircled by israeli troops and he said, look, going south would be an enormous leap into the unknown. they don't have enough cars for all 30 members of their family to travel by car, they don't know that they have any shelter in the south, they don't know where they would get water down there, and so for now they feel like the best option for them is to remain in their homes, despite that intense fighting going on all around them. i want to read to you a statement, part of a statement from the u.n. earlier, they said nowhere is safe in gaza, not hospitals, not shelters, not refugee camps, no one is safe, not children, not health workers, not humanitarians. the feeling right now in southern gaza is that there is nowhere to run. the israeli military says they're making progress in their campaign to defeat hamas. they say they found a very large stockpile of rockets, of rocket propelled grenades, but this is a long, long fight still to go. and it is not clear that there is any sign of a cease-fire coming anytime soon. >> raf sanchez in tel aviv, thank you very much. there is growing outcry about reports of sexual violence committed by hamas against israeli women and girls during the october 7th attack. we want to warn you that this discussion may be difficult for some to hear. it certainly is a difficult conversation to have. but it is an important one. there is new exclusive nbc news reporting, the details of wide ranging review of evidence largely from the israeli government, suggesting dozens of israeli women were raped, sexually abused, or mutilated during the terrorist attack. hamas denies allegations of any sexual violence. joining us now is nbc's anna schechter who led the investigation. thank you for being with us. this is such a difficult, difficult story that you are reporting. what did you learn about what happened on the 7th of october? >> thanks so much, jose. well, i started the reporting looking deep at the festival. and the massacre there, and the number of deaths there rose from 250 to 360 over the course of weeks. and many of the accounts and eyewitness testimonies that saw women naked from the waist down started to come in. and immediately after october 7th, i started interviewing the first responders, just on the phone, one person would connect me to the next person and i was getting these eyewitness accounts. the police in israel are leading this investigation. and they have interviewed hundreds of people. they collected hundreds of testimonies. they have 200,000 images to review, according to the lead investigative body. and what we started to pull in were very specific cases like gang rape at the festival, where a woman who was alive was raped, her hair pulled, very specific allegations that were corroborated by another eyewitness, and the mutilation of women's bodies is probably what makes up the broadest and widest range of testimonies from first responders. and even testimonies from the hamas militants that were captured. i started to see a pattern where they were told that they could do things that, you know, other members of society or members of hamas couldn't do. they were allowed to rape women, children, mutilate. it was about targeting people to shame them and that was really a part of the campaign, which is -- has been very troubling, of course. >> i wonder, just -- we actually said, you know, the beginning of this investigation is being carried out, by the police, and the israeli government, et cetera, et cetera. how, in other words, is it by the sheer number of different interviews that you had with people that gives you the confidence to say that this is something that most probably occurred? >> absolutely. there is photographic evidence, there is video evidence, there are videos of eyewitness accounts. there has been an effort to corroborate eyewitness testimony. and so the number that we landed at is actually -- it is conservative. we were very careful. it took us -- i've been working on this with my editor for weeks. and we only put it out now once we were very confident. >> of all of the things you heard, of all of the experiences that you were told, what is it that still stays with you as maybe one of the most difficult ones? >> the children. the first responders who witnessed girls naked from the waist down, bleeding from the genitals, that's the hardest to deal with. >> anna schechter, thank you so much for being with us. really important piece that you are doing and important to talk about. thank you. joining us now is democratic congresswoman debbie wasserman schultz from florida. thank you for your time. always appreciate seeing you. i know you have been, you know, more than most speaking out against sexual abuse waged against israeli women, girls, and children. i don't know if you got a chance to hear some of what anna was reporting, it is just -- it seems as though there was this pattern of evil destruction going on and yet how do you see the fact that there are other groups that simply aren't acknowledging that that occurred? >> jose, it has been clear for weeks that hamas used sexual violence, rape, mutilation and torture to instill fear and shame and utilize that violence as a weapon of war. and that is insidious and horrific and it is a war crime. and israel has made every effort to make sure that this has been spread in terms of their information distribution, so that people understand that israel is -- israelis are dealing with a terrorist organization on their doorstep, and that they are constantly under attack. and that the brutality that occurred on october 7th and this sadistic nature of the attack was incredibly vile. and what is so disturbing is that you have women's organizations, including the u.n. women until recently, with their -- i would say lame acknowledgement and condemnation, have had deafening silence from women's organizations that usually are quick and assertive to condemn sexual violence, and to push and the whole me too movement was about making sure we acknowledged that we believe women, that their words should be taken and there seems to be a what aboutism or an asterisk or exception for the attacks that occurred on october 7th against israeli women and girls. >> and congresswoman, just yesterday three university presidents testified before house committee about the rising threat of anti-semitism on university campuses. congress was asking each of the presidents of the universities, does calling for the genocide of jews violate their university's rules on bullying and harassment. take a listen to some of the responses, if you would, congresswoman. >> calling for the genocide of jews is anti-semitic. >> so, yes. >> that is anti-semitic speech and as i have said -- >> it is a yes? it is a yes? >> when speech crosses into conduct, we take action. >> it can be harassment. >> i have not heard calling for the genocide for jews on our campus. >> you heard chants for intefadeh? >> i heard chants, which can be anti-semitic depending on the context, when calling for the elimination of the jewish people. >> congresswoman, why is it so difficult for some to just be clear? genocide against anybody is pretty clear boundary there. why is it so difficult? >> whether it is being unable to condemn sexual violence and rape against israeli women, or condemn on our campuses anti-semitism and the call for intefadeh and violence and genocide of the jewish people, as violations of their code of conduct, the inability of these leaders to unequivocally call out and condemn this anti-semitism and sexual violence is outrageous and unacceptable. it is what aboutism, and it just demonstrates, this is what is so hurtful and painful, jose, i met with israeli families of the hostages yesterday and it is, like, why is there always an exception for jews? always. every other minority, oppressed group, seems to have people rallying around them when they face oppression, and violence, and when it comes to jews, there is always an asterisk. it is always but what about, or a comparison. and we are among the most oppressed groups, the most extreme minority worldwide, and we have the most precipitous rise in anti-semitism, even before october 7th, and now it is exploded. and we need people to come together and rally around our community, and around israelis and say, this is unacceptable, these are war crimes, and they need to be condemned consistently with no what abouts, no exceptions, no equivocation. >> congresswoman debbie wasserman schultz, thank you for your time. i appreciate you being with us today. >> thank you sao much. coming up, new details about an abortion lawsuit filed in texas, first of its kind since the supreme court overturned roe v. wade. up next, dictator for a day. what former president trump says he would do on day one if he is re-elected. president biden makes it a mission of his own about why he's really running for a second term. 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. oh. 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(sniffs) if you like squeaky toys from chewy it is. did i get anything this year? get daily deals on the chewy app this holiday season. i'm still going to eat your socks. no you're not. shop the chewy app for gifts that deliver excitement. 17 past the hour. tonight, four candidates with will face off for the fourth republican presidential debate. the candidate who will not be on stage is the one in the spotlight. former president trump, who is leading in the polls, is raising alarm bells for giving this answer when asked directly if he was going to abuse his power if re-elected. >> i want to go back to this one issue, though, because the media has been focused on this, and attacking you under no circumstances, you are promising america tonight, you would never abuse power as retribution against anybody? >> except for day one. >> except for -- >> he's going crazy. >> except for day one. >> meaning? >> i want to close the border and i want to drill, drill, drill. >> that's not retribution. >> i'm going to be -- i'm going to be -- he keeps -- love this guy -- he says you're not going to be a dictator are you? i said, no, no, no, other than day one. >> so, joining us now is nbc's shaquille brewster and former republican congressman carlos curbelo of florida, an msnbc news political analyst. carlos, can you help explain what is going on there? >> well, jose, really donald trump is saying what he's always believed out loud. he does not believe he is limited by the strictures of power. he does not believe he's limited by the constitution. so, even though he says, well, i'm not really going to do this, he leaves some room, saying i'm going to do it for one day and you saw sean hannity push back there, but trump repeated once again that he felt that at least for one day he -- it would be okay to abuse the powers of the presidency. >> and, you know, this week, former congresswoman liz cheney warned what she thinks might happen if trump gets re-elected. listen to a bit of that. >> do you believe donald trump were elected next year that he would try to stay in office beyond a second term? he would never leave office? >> no question. >> you think he would try to stay in power forever? >> absolutely. he's already done it once. he's already attempted to seize power. and he was stopped, thankfully, and for the good of the nation and the republic. but he said he'll do it again. he expressed no remorse for what he did. >> carlos, these comments, the former president's comments on that town hall yesterday, are they raising any kind of concerns within the republican party? >> definitely, jose. it is why increasingly you see some establishment republicans or maybe nonestablishment republicans because trump is the republican establishment now, rallying around nikki haley. you see a lot of donors now rushing to nikki haley because they believe she is someone who has the opportunity to defeat donald trump if she can face off against him one on one in these upcoming republican primaries. so, people are concerned about donald trump. but at the end of the day, he still has a lot of support in the republican primary field. so, if someone -- if people want this nikki haley plan to work out, this field needs to thin out very soon so she has an opportunity to go head to head. >> and shaq, so the playing field is now four candidates going up on this debate tonight. the leader in the republican party is not going to, once again, be in that debate. is there anything tonight, any of these candidates, these four campaigns can do or plan to do to change things? >> reporter: well, look, this is an opportunity for them. and they're going to try to take advantage of this opportunity. when you really look at the dynamics at play, though, especially with the candidates, the four candidates that will be on stage for this fourth presidential debate, it is really a play for second position right now. you look at nikki haley, you just heard carlos talk about her, yes, she is rising in the polls, especially in those early primary and caucus states, she secured some donor endorsements and organizational endorsements, so she is trying to capitalize on that momentum that her and her campaign clearly feels that they have right now. that momentum that has come at the expense of ron desantis and his campaign, while we did see him on a debate stage with california governor gavin newsom last week, he is trying to boost some energy, push some energy into his campaign, and really show that he is still a power force in this republican party. you can expect to see those two to engage a little bit more on the debate stage tonight. and then you have vivek ramaswamy and chris christie, representing different ends of the party. if there was any candidate to bring on and mention trump's comments from last night, you'll hear that from governor chris -- former governor chris christie. whether or not the fundamental dynamics of the race changes after tonight, that remains to be seen. there is very little evidence that that will be the case. >> and, carlos, during a fund-raiser in boston yesterday, president biden told donors, quote, if trump wasn't running, i'm not sure i would be running. biden later clarified his remarks to reporters. take a listen. >> would you be running for president if trump wasn't running? >> i expect so, but he is running and i have to run. >> would you drop out if trump dropped out? >> no. not now. >> you think these comments are going to change anything, carlos? >> jose what it does is it underlines the symbiotic relationship between donald trump and joe biden. these are two candidates who use one another as justifications for being in this race for president. and they're two candidates that really need each other. if one of them to disappear or to withdraw or stop running for any reason, it would probably put the other one in significant danger. so, it is an interesting dynamic, two of the most unpopular candidates for president in the history of the united states need each other in order to stay in the race. >> one convinced and has the evidence to prove it, that when he runs against the other one, he wins, which would be president biden. shaquille brewster and former congressman carlos curbelo, thank you both very much for being with us this morning. breaking overnight, six people are dead after a shooting spree in texas. we'll tell you how police linked the shootings and found the suspect. plus, remembering the life of groundbreaking television producer norman lear who passed away at the age of 101. you're watching "jose diaz-balart reports" on msnbc. 1 you're watching "jose diaz-balart reports" on msnbc. e would be an emblem of what small communities can achieve. trying to give a better life to people that don't have the means to do it. si mi papá estuviera vivo, sé que él tuviera orgulloso también de vivir de esta viviendo una vida como la que estamos viviendo ahora. es electricidad aquí es salud. my active psoriatic arthritis can make me feel like i'm losing my rhythm. with skyrizi to treat my skin and joints, i'm getting into my groove. ♪(uplifting music)♪ along with significantly clearer skin... skyrizi helps me move with less joint pain, stiffness, swelling, and fatigue. and is just 4 doses a year, after 2 starter doses. skyrizi attaches to and reduces a source of excess inflammation that can lead to skin and joint symptoms. with skyrizi 90% clearer skin and less joint pain are possible. 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 skyrizi, there's nothing like clearer skin and better movement... and that means everything. ♪nothing is everything♪ now's the time to ask your doctor about skyrizi. learn how abbvie could help you save. my daddy's a cowboy, i'm a cowboy and i'm raising a cowgirl. and discovering that my family come from farmers for generations. this life is in our blood. give the gift of family heritage with ancestry. what was it like before viasat satellite internet? two words: not fun. log off. i've got homework! no way! it's still my turn! but now with viasat's new plans, we have plenty of internet. for everyone! learn more about our plans at viasat.com 28 past the hour. breaking news out of capitol hill in the last few minutes, congressman kevin mccarthy who previously served as house speaker just penned an op-ed in "the wall street journal" saying that he is leaving the house of representatives at the end of this year. right to nbc news capitol hill correspondent ryan nobles. also with us is former republican congressman carlos curbelo, nbc news analyst. so, ryan, what do we know about this? >> reporter: it is not a surprise, jose. there has been a lot of speculation about kevin mccarthy's future after he was removed from the speaker's office in that drama that took place a couple of months ago. and there were very few people here on capitol hill that felt that mccarthy would hang around in a back bencher capacity. there was many that believed that he was serving as somewhat of a distraction inside the house conference rooms, as the new house speaker mike johnson got his footing and was looking to pave a new path for house republicans. plus there was just an awful lot of animosity between that group of conservative republicans that booted mccarthy and the rest of the conference. and mccarthy lingering around as part of that, served as that distract. and what kevin mccarthy said in this op-ed which made his plans clear is he intends to step down before the end of the year, at the end of the year, which means that that will create a vacancy for his bakersfield, california, area house district seat. and that is important, jose, because as you'll recall, just last week, the house expelled george santos, another republican member, that reduced their margins from four seats down to three, now with mccarthy leaving, that means they will only have a two-seat majority and there is another congressman from ohio who is expected to step down in the new year to take on a new role as the president of youngstown state university. that is all to say that it is already been very difficult for republicans to pass any sort of legislation from the house and this is going to make that process even more difficult. now, he -- mccarthy, unlike santos, represents a republican heavy district, it is very likely that he will ultimately be replaced by a republican, but that is a process. it takes anywhere from 70 to 90 days based on when governor gavin newsom will call for a special election to replace mccarthy and can't do that until he officially resigns from his seat. so that's going to be an extended period of time, where those two seats will be vacant and not held by republicans, making the already difficult job of the current speaker mike johnson that much more difficult. >> so, ryan, just if you would to -- for clarity here, let's say that the congressman says i'm leaving in january, that's one year before the elections are to be held and then months more for the new member of congress to swear in. this process means that once he leaves in january, that seat is null and void until -- >> so we will head into election year in 2024. but the way the process works out in the house, which is different from the senate, in the senate the governor depending on the laws of that particular state has the ability to appoint the successor until a special election is called. in the case of the house, it has to be -- the only way to replace a member of congress is through a special election. and so california's governor gavin newsom will have that responsibility of calling for a special election within a certain period of time. i believe that is 70 to 90 day window in which you can call that special election. it is very likely the seat will be replaced before the fall election of 2024. there will be another election subsequently general election along those lines. but, there will theoretically be anywhere from a three to five-month period of time where the seat will be vacant, depending on how that calendar plays itself out, and there will be a period of time where both the seat from new york and the seat from california are let vacant until the special elections can take place. and so, that's part of the reason that this was a risky calculation for kevin mccarthy and house republicans because this is a serious situation. his hand was also forced, jose, he had to decide whether or not to run for re-election and file for re-election within the next couple of days. that's why he's making the announcement now and why he's deciding to step down now because there would have been rampant speculation as to what his future held if he didn't file for re-election here in the next couple of days. >> carlos, what is your reaction to this? >> well, jose, it is another speaker that republicans not only removed from office, but really forced out of the congress. so we, of course, saw this with john boehner in 2015. paul ryan did retire, but a lot of people do also credit some of the more radical members in the house republican conference for pushing him to that point. and now kevin mccarthy leaves the congress. i think what will be interesting in mccarthy's case, jose, and he's alluding to this in his op-ed in the "wall street journal" is that he's not just going to go away quietly. kevin mccarthy is what we call in congress and in politics a political animal. he was not a policy wonk, a man focused on election nearing, on raising funds, on getting republicans elected in competitive districts. i think you're going to see a kevin mccarthy that stays very active on that front and that also focuses on those who pushed him out and on perhaps intervening in republican primaries in some of these districts that are represented by more radical members that house republican leadership has resented over the years for pushing the house i chaos and also for just being obstacles to a lot of the priorities that house republican leadership has wanted to advance. >> and, carlos, so santos out last week, mccarthy out as of january. how does that leave any possibility for anything to be either done or attempts of getting anything done in the house of representatives at least in the majority, slim as it is going to be, going forward. >> yeah, jose. this was already an ungovernable house republican conference. now speaker johnson is only going to be able to lose two or three votes. that means someone gets a flat tire, a couple of people are sick, and you're in deep trouble. so you saw the speaker turn to democrat for supports, for support just a few weeks ago, to get a package passed. i think you're going to see a lot more bipartisan collaboration in the house and house republican leadership care for because it is the only way forward with such a razor thin majority. >> ryan nobles, and carlos curbelo, thank you. really appreciate it. up next, the latest on a deadly shooting spree in texas overnight. you're watching "jose diaz-balart reports" on msnbc. g. you're watching "jose diaz-balart reports" on msnbc. 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[sniff] still fresh. ♪♪ get 6x longer-lasting freshness, plus odor protection. try for under $5! 40 past the hour. we're following breaking news out of texas. a suspect has been arrested and charged with capital murder after six people were killed in a shooting spree. three others were injured including a police officer. nbc's guad venegas joins us. what are we learning about how this all went down? >> we still are learning more details. we have preliminary information from authorities, especially this timeline as to how this happened. so it all started yesterday according to authorities. 11:00 a.m., just before 11:00 a.m., when theirst officer was shot and injured and then about an hour later, poly they received 911 calls to an address where officers arrived and found a double homicide. now, after that, about five hours later, they had a report from a male cyclist who said he had been shot and injured and then two hours later, they got 911 calls to another address, when an officer arrived at that second address, he found the suspect in the patio in the backyard of that home, the suspect shot at the officer and injured him. that officer did return fire, but the suspect was able to flee the scene according to police, get in a vehicle and drive away. now, other officers were able to chase him. at some point, the suspect crashed the vehicle and was detained. meanwhile, other officers at that second address began searching the home and found two more bodies. now, after all of this happened, under the jurisdiction of austin police department, the austin police department communicated with the bexar county sheriffs asking hem to look into address that was connected to the suspect. deputies in the county went to that address and found two more bodies, so that's why authorities say they have six people that were killed, connected to this suspect. now, they haven't identified the suspect right now, jose, but the sheriff did say he believed it was a man in his 30s. >> guad venegas, thank you very much. a texas woman has filed an emergency lawsuit asking a judge to allow her to end her pregnancy. the texas tribune reports that 31-year-old kate cox learned last week that her fetus was diagnosed with an anomaly that is almost always fatal before or soon after birth. she also says underlying health conditions would put her at risk for hypertension and diabetes if she were to carry the pregnancy to term. this is the first time since before roe v. wade was decided in '73 that an adult woman has asked a court to allow her to terminate a egnancy. also the first lawsuit o its kind since texas banned nearly all abortions in 2022. cox says, i need to end my pregnancy now so that i have the better chance for my health and a future pregnancy. turning now to former president donald trump's legal challenges, with less than four months to go before the start of president trump's federal election interference trial, the special counsel's office is giving a road map to their plan for trial. in a new court fili, special counsel jack smith's team outlined how they will be using the evidence they have collected so far. the evidence includes trump's history of baselessly claiming election fraud, refusal to commit to a peaceful transition of power, encouragement of violence and support of rioters. joining us now is christie greenburg, former deputy chief of the criminal division of the southern district of new york. thank you for being with us. just wondering what your takeaways are from this new documental evidence that the special counsel's team is putting together? >> this is not surprising. this is -- it is not unusual for prosecutors to seek to give notice, to defense counsel and to the court that there is some evidence that is not within the time frame of the charged conspiracies that they would like to get in -- to admit evidence at trial. things like you mentioned where, you know, there may not be evidence that is intrinsic to the charged conspiracy, but it is evidence that goes towards motive, towards intent, towards the plan, in all of that can be relevant to the charge. so, outlining this and giving months of advance notice is what you would expect of diligent prosecutors in this case. >> it seems that in the d.c. case, looks like the jury selection process is now under way, with residents receiving a prescreening form, asking for their availability to appear in person. what does that process look like in a federal trial? >> well, in a federal trial, where there is this kind of attention -- >> every juror clearly is going to be familiar with the person who has been in the case, there is going to be a lengthy questionnaire that jurors are going to have to look at to determine if there is any bias in this case. obviously people may have, i'm sure many of those jurors are going to have opinions about the former president. but the real question is whatever opinions they have, can they put those aside and can they impartially judge the evidence that is presented to them, and, you know, do that in a way that can make sure there is a just result. >> how is that done in. >> lengthy, lengthy questionnaires. questionnaires that are going to ask everything from what kind of news channels that the jurors tune into, what kind of newspapers they're reading, information that would suggest whether or not asking the direct questions of whether or not you have bias, what could you impartially just listen to the evidence. lots and lots of questions to that effect, to really see whether or not these are jurors that can effectively be jurors in this case. >> and turning to the georgia election case, cnn reports that former vice president mike pence is on the prosecutor's witness list and he could actually be called to testify. how important of a witness could the former vice president be? >> he could be a pretty important witness. he has said the georgia election was not stolen. he is somebody who has said that he had direct communications with donald trump where he told him days in advance of january 6th there is no significant evidence of election fraud, and for me to not certify the legitimate count would be un-american, would be against our constitution. he is the person in the room, alone with donald trump, having these conversations. he can attest to the fact that donald trump not only heard him, but understood him, that they communicated about these things, and that he was on notice of how pence was feeling about it. so, i think he is an important witness, but it is interesting to note that in georgia, he's not testified before that grand jury. he testified in the federal grand jury, but not in the state. assuming the georgia trial looks like it will happen after a federal trial that is at least currently scheduled for march, they would have some preview as to what he would say, but it does not seem like the state and the federal prosecutors are sharing discovery or information, they are not appearing to coordinate at all it is interesting he has not testified, they're not clear what he's going to say but he's on a witness list of 150 witnesses for the georgia trial. >> and mean while, christie, mike johnson said he was blurg video from the january 6th attack he'll be releasing in order to prevent people in the footage from being charged by the justice department. isn't this video already in the hands of the justice department and everybody else? >> it is. but what is interesting about it is to the extent some of that footage is not public, you know, members of the public may be hindered in not being able to identify some of the people in that video. there have been a number of instances where, you know, people in the public have seen the videos and been able to identify those in the videos to help law enforcement. and so by not making these public and by blurring the images, he is hindering the public's ability to help law enforcement and that's a very interesting position to say the least for the speaker to be taking. >> unusual indeed. thank you so much. great seeing you. appreciate it. now to breaking news out of the white house, and just a couple of minutes, president biden is set to deliver remarks where he will urge congress to pass his national security aid package, which includes funding to support ukraine among others. and up next, you need to stick around. as the israel-hamas war divides so many, two long time friends from new jersey join us. one is an imam. the other a rabbi. we'll talk to them. they have a very interesting and important perspective to share with us today. you're watching "jose diaz-balart reports" on msnbc. d. you're watching "jose diaz-balart reports" on msnbc. so caramel swirl is always there for the taking. a few years ago, i came to saona, they told me there's no electricity on the island. we always thought that whatever we did here would be an emblem of what small communities can achieve. trying to give a better life to people that don't have the means to do it. si mi papá estuviera vivo, sé que él tuviera orgulloso también de vivir de esta viviendo una vida como la que estamos viviendo ahora. es electricidad aquí es salud. when i was diagnosed with h-i-v, i didn't know who i would be. but here i am... being me. keep being you... and ask your healthcare provider about the number one prescribed h-i-v treatment, biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in many people whether you're 18 or 80. with one small pill, biktarvy fights h-i-v to help you get to undetectable—and stay there whether you're just starting or replacing your current treatment. research shows that taking h-i-v treatment as prescribed and getting to and staying undetectable prevents transmitting h-i-v through sex. serious side effects can occur, including kidney problems and kidney failure. rare, life-threatening side effects include a buildup of lactic acid and liver problems. do not take biktarvy if you take dofetilide or rifampin. tell your healthcare provider about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis. if you have hepatitis b do not stop taking biktarvy without talking to your healthcare provider. common side effects were diarrhea, nausea, and headache. no matter where life takes you, biktarvy can go with you. talk to your healthcare provider today. hi, i'm michael, i've lost 62 pounds on golo and i have kept it off. biktarvy can go with you. most of the weight that i gained was strictly in my belly which is a sign of insulin resistance. but since golo, that weight has completely gone away, as you can tell. thanks to golo and release, i've got my life and my health back. first time i connected with kim, she told me that her husband had passed. and that he took care of all of the internet connected devices in the home. i told her, “i'm here to take care of you.” connecting with kim... made me reconnect with my mom. it's very important to keep loved ones close. we know that creating memories with loved ones brings so much joy to your life. a family trip to the team usa training facility. i don't know how to thank you. i'm here to thank you. - after military service, you bring a lot back to civilian life. leadership skills. technical ability. and a drive to serve in new ways. syracuse university's d'aniello institute for veterans and military families has empowered more than 200,000 veterans to serve their communities and their careers. from professional certifications, to job training, to help navigating programs and services, we give veterans access to support from anywhere in the world. 53 past the hour. the israel/hamas war has led to bitter problems around the world. but a rabbi and an imam have come together. they are with us this morning. thank you so much. it's great seeing you both. why did you decide to come forward in unity to talk about the need for love, respect, and for healing? >> we live about 30 seconds apart from each other. we have been friends for 15 years. we care deeply about our community. and our concern was that this terrible conflict going on, and our hearts are so deeply entrenched in that, that we're not fighting each other. it was important for us to be proactive and make a point in our community that we are not at war with each other here. we are friends. >> it takes time to build a friendship. we were so close friends. we want to keep it that way. we do understand that there are issues somewhere else. but we do not want to make it bigger. we want to be able to communicate with civility with each other and to maintain our friendship. >> how do you help people navigate through trauma and pain and what happened on the 7th of october and what we have been seeing as a consequence of the massacre? it has created so much trauma and so much pain. how do you help us navigate through that which is unimaginable terror? >> what we tried to do is that we need to recognize the pain of both sides. be able to hear each other. that we can only do in context of dialogue and with friendship. we each have our separate pains. to be able to hear each other is important. >> from the muslim perspective, i think what we try to do -- what i'm trying to do is, number one, we should not let anger or emotions control our actions. we should control our feelings, and we should act properly. we have a saying in our faith that whatever you say can be very dangerous. so we say to our people that, control your anger, control what you say. don't judge all the people the same. people are different. so don't just generalize. try to deal with everyone as individual. try to see the good in them rather than just, you know, losing your temper and acting, you know. >> one of the things mentioned, if in the conduct, human beings, as well as society, if merits exceed sins, justice rains. if sins exceeds, there reigns corruption. how do we as individuals deal with what we perceive to be extreme corruption? how do we deal with that? >> this is about a jew in egypt. >> exactly. >> doctor to the sultan. >> the point is, we can't smooth over the issues. the pain is driven by, there is evil in the world. and there's a deep struggle in the world. it needs to be called out. it's important for us to call that out from the center and not give voice to the sides, to the extremes. >> let me -- i want to quote something from the bible. >> great. >> i thought it was a really good thing. the good thing about it is, it's in the bible, but it is in the islam. it's in micah 6:8, he has shown you what is good and what does the lord require of you, to act justly and to love mercy and to walk humbly with your god. in islam we add something else. act justly and don't let your anger, your emotions throw you away from justice. when people are angry, we try to remind that you have to be just, you have to be fair. but don't let your emotions judge you of what you are going to do. it is tough. it's definitely tough. but then we go back and be patient. you are not going to solve problems by fighting. there's a saying in islam is that the strong person is not the one who wins the fight, who gets angry and loud when he is angry. the strong one is the one who controls his anger, controls himself when he is angry. it is easier said than done. but that's what we keep repeating, telling our people. control your anger, be just, don't let your emotions guide you. it's deep. it's hurt. let me tell you that. i see the hurt from both sides. don't let that hurt make you act in an inappropriate manner. >> sometimes we have to fight, unfortunately. that means some area where we might have disagreement. we are agreed that we don't fight out of anger, out of vengeance and that peace is the goal that we all pray for. >> i thank you so much. really appreciate your time. really appreciate you coming in. really appreciate what you are doing, how you are making all of the efforts to help heal all of the people. thank you so much. >> you are welcome. >> thanks for having us. that wraps up the hour for me. i'm jose diaz-balart. 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," breaking news. kevin mccarthy calls it quits. the ousted house speaker set to retire at the end of the month, not the end of his term. ending a congressional career with an astronomical rise and publically embarrassing downfall. former president trump sparking a firestorm by doubling down on whether he