something gop lawmakers will not agree to without changing policy at the u.s. southern border. this hour, 31-year-old texas mother kate cox taking her health care into her own hands, traveling outside of her home state to get the emergency abortion procedure that her doctors say she needs, as a ruling from the state supreme court says she does not qualify for a medical exemption under their law. international aid groups say 18,000 people are dead in gaza. that includes more than 7,500 children. a situation the groups describe as apocalyptic. the u.n. again assembly is expected to vote overwhelmingly for a cease-fire to allow more aid to get in and hopefully hostages to get out. the u.s. stands alone on the security council, days ago vetoing it, causing criticism around the world. ♪♪ good day, everyone. i'm andrea mitchell in washington. ukraine's president zelenskyy is on a high stakes miss in washington, trying to break the gridlock blocking aid for his country in its war against vladimir putin. >> ukrainians haven't given up and won't give up. we know what to do. you can count on ukraine, and we hope just as much to be able to count on you. when the free world hesitates, that's when dictatorships celebrate. >> top negotiators are skeptical they can reach a deal before congress is scheduled to break for the holidays at the end of this week. republicans refusing to budge on their demand for major changes to u.s. immigration and asylum policies before releasing any foreign aid. that was just reinforced moments ago by the speaker of the house. at this morning's "wall street journal" summit, jake sullivan predicted that 2024 would be a, quote, very difficult year if the u.s. aid does not come through. >> it will mean very specific deterioration in ukraine's capabilities to both hold territory and take territory as well as to defend ukrainian cities. we do have to work through border policy and border resources. the president is prepared to do that. at the end of the day, the united states cannot walk away electric ukraine. >> zelenskyy just wrapped up his meetings on capitol hill. we hear a motorcade outside. we believe he is headi to the white house. we begin this hour with nbc new capitol hill reporter ryan nobles and nbc chief white house correspondent peter alexander. ryan, to you. president biden's supplemental request did include me than $13 billion to increase border security. it's in the area republicans wanted. it's getting down to the wire. we heard the speaker. what about this hail mary push on foreign aid? can it get through before congress breaks for the holidays? >> reporter: the short answer is no. universally, when you talk to republicans and democrats, they agree that there's just no thyme line by which they can push through this very complicated supplemental aid package and have it done before they are scheduled to leave thursday. the possibility exists that schumer keeps the senate here through the weekend and into next week with the hopes there can be a breakthrough. on the house side, the speaker has made it very clear that he is not going to keep his members hanging around here if there isn't a real tangible plan he can feel comfortable putting on the house floor. it seems that even though he got a direct appeal from president zelenskyy a few minutes ago, his position in that regard hasn't changed. listen to what the speaker said a few moments ago. >> i have made this very clear from the very beginning when i was handed the gavel. we needed clarity on what we're doing in ukraine and how we have proper oversight of precious tax dollars of the american citizens. we need transformative change at the border. thus far, we have gotten neither. >> reporter: that word transformative, that's been the block here between republicans and democrats. what are you willing to say yes to? democrats and white house feel they have conceded a lot in this particular area as it relates to border security. republicans continue to want more. the short end of all of this is that there is no deal in sight. time is running out. likely means, that if this conversation continues, it will continue into the new year and will buttress up against a spending negotiation and the possibility of a government shutdown, making it more complicated than it already is. >> peter, this involves border security. it involves ukraine. it involves israel. there's also the whole issue of the defense authorization bill. it's all wrapped up here. does the white house believe there's some magic bullet that zelenskyy can tip the scales? because he doesn't have the appeal, the emotional appeal, the impact that he has had in past visits here. >> reporter: i think you are right. we have noted today what a difference a year makes. remember this month last year when president zelenskyy arrived on capitol hill, speaking before the joint session of congress, he was welcomed with multiple standing ovations. this time around, a very different situation. a much more divided government that he is dealing with as he comes to the white house, as we speak right now. the president has been pushing this from the start. speaking to a senior official within the last few minutes, they think there's no better advocate on behalf of ukraine than president zelenskyy himself. he recognizes the stakes, knows the political situation that he is dealing with here in the united states. the president has done everything in his power to try to communicate the situation to world leaders. made it clear he believes congress will go along with this right now. just last week, they passed what we call one of the spending packages, which is referred to the drawdown of money allocated for ukraine. there's another one that could happen next week. another one before the end of the month. that would be it. not just running out of time but running out of money. but as you note, that big obstacle is what you heard speaker johnson referring to, his desire for transfortive change as it relates to not just money directed to the border, but policies as relates to asylumnd immigration at the border. policies the president has said, he described it as draconian. there's a lot of work that needs to be done. clearly, doesn't look like this will happen soon. the top senate negotiator saying, it ain't likely to happen next week. this may wait until january at the soonest. >> stand by, ryan and peter. joining us now is former republican congressman fred upton from michigan. fred, no ukraine money is on track to pass. it has to get through the senate first. they don't want to pass anything that is doomed in the house. the house is dysfunctional according to all reports. >> the votes may be there in the house if you allow it to happen. that's the power of the speaker. he can choose not to bring up a bill, even though there are certainly significant number of republicans that will support aid to ukraine, virtually all the democrats as well. they can't be allowed to go home for christmas -- they are out the whole month of october because of the speaker issue. they are out ten days over thanksgiving. they are about ready to get out this week and come back in early january, after the 7th or 8th of january. you can't let them go home. do your work. get this stuff done. if you can't do the full package that the president has asked for -- he was looking to do it for the whole year. do a smaller one. do a band-aid to get into january where you can do -- i support immigration reform as well. but where is the judiciary committee on moving a bill that does asylum? where is that? nothing is happening except at the top. get the work done. the president has to sign an adjournment resolution if they adjourn for more than three days. get your work done. this is important. israel and we haven't paid for the fires in hawaii with fema. ukraine has been pending since october. we are looking at another shutdown in january. where is that? we have only known for six weeks that that's the date. there's nothing moving through. all of a sudden, they're going to come back after new year's and figure out how this is going to work? get it done now. stay and do the work. >> ryan, i hear that kind of frustration from people as well as from members of congress who were not in these different groups, like the freedom caucus or some of the other groups. complaints that, first of all, the president has not been engaged enough. his team doesn't seem up there working this. complaints that the speaker is new and not only is he a new spear, but he doesn't have experience. he has six years and hasn't done this. most particularly, this foreign intelligence surveillance act, it needs to be reauthorized. they say they handcuffed if they can't conduct this with approval of a judge, surveillance of targets, military intelligence targets overseas. they believe that they have done the reforms. there's a bipartisan agreement on it that came out of both intelligence committees. i interviewed mike turner, the house chair. we know mark warner is on it. they all agreed on it. now where is the judiciary committee? the judiciary committee instead of doing what fred upton was saying, dealing with the border issue, they have come up with their competing proposal on fisa, which completely is a poison pill, would require a warrant. a whole different procedure. it would be useless to them. >> reporter: yeah. it's a perfect example of the dysfunction on capitol hill right now. congressman jim himes, ranking member on the hous intelligence committee, tells us if it's not extended, people will die. that's how he described how dire the situation is. there is the likelihood that 702 will be extended temporarily through the ndaa, which is pending in the senate this week. it was gone to conference committee. the house will likely pass it. there's time for them to negotiate this. to your point, the fact that the negotiators, the chairs of the intelligence committee on the house and senate side, a republican and a democrat, came to an agreement where they felt as though they were in a place that they could reauthorize this long-term to allow the comfort for the intelligence agencies to continue this practice, and there are researches who are undermining the house intelligence chair, shows that it's hard for republicans and democrats to make deals when republicans and republicans can't make deals. that's just very symbolic of what this congress has been like. >> they had pull down the rule on agreed deal, because there was fear that the judiciary committee proposal, which had come in at the last minute, would actually carry the day. ryan, i want to ask you about potential movement in committee, judiciary, about the biden impeachment inquiry authorizing the inquiry. >> reporter: that's scheduled to happen tomorrow. it looks as those it's going to get a formal full house of the house of representatives. that's a significant step toward the possibility of actual articles of impeachment against the president. one of the main reasons this is significant is because it's going to provide legal weight behind the subpoenas that these various companies that are a part of the impeachment inquiry have submitted to force and compel the witnesses that they have called to come forward. the most obvious being hunter biden, who is scheduled to be here tomorrow morning. hunter has not said whether he will come. the company is prepared. they will have the witness room open and ready to go if he a -- with the expectation he will show. if he doesn't, they are prepared to move quickly to contempt of congress. >> how is the -- peter, briefly, how is the white house prepared for that? >> reporter: it was notable to me today, the op-ed posted today from speaker johnson was not about immigration, not about ukraine, but was about the impeachment inquiry. the white house says this is where the focus has been on the house republican side when it needs to be focused on issues americans and the global community is worried about. the white house said the president has done nothing wrong as it relates to the indictments against his son. they note it's about hunter biden. it's not about the president. the white house not really engaging on this, directing all of these things to the president's son's legal team. it's a political challenge for the president as there's the potential for trials for the president's son. >> a campaign year. fred, thanks for teeing this up. ryan, peter, thanks to you. tough day up here. difficult choice. a texas mother in need of emergency caretaking -- care taking care of her own situation. that's next when "andrea mitchell reports" is back in 60 seconds. stay with us. you are watching msnbc. 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>> could you imagine if now the pressure put on doctors, not just in texas but states around the count, if the pressure put on doctors is to say, yes, this is going to be fatal, you will die if you don't have dot, dot, dot, when we know it's a statement that's irresponsible to make because in many situations, there is no one and only outcome. by the way, medical exemptions were not meant to say this would be fatal. it's insulting. supreme court justice or i a couldn't do your job. i will say, people shouldn't try to do my job after decf training when what we trained in not just the science but trained in trying to give patients as much of a spectrum of a possibility. in this situation, it wasn't just the mother's life. it was her reproductive future which she wanted, and the fact she would have a baby that had a fatal condition, 97% of these babies don't live in year one. if they do, they are severely developmentally disables. to have a supreme court justice play this out, to doubt the medical opinions, honestly, it's backfiring and putting more pressure on the medical team to make statements they aren't prepared to make. >> kim, you are the lawyer, as well as laura jarrett in our legal correspondent. kim, what does the supreme court in texas do? how long will it take? you have arizona, new mexico, wyoming hearing cases that are similar about abortion access. >> some of these cases will undoubtedly find their way back to the highest court in the land, the u.s. supreme court. it's unclear whether this texas case will, since miss cox has left the state to get her case -- that case could be deemed moot. the texas supreme court, she left before the decision came down. so they didn't have to issue it. what the court was clearly doing, the state's highest court was doing here was issuing a warning to other people saying, look, this is somebody who had the financial, mental and emotional wherewithal to lodge this challenge at the same time they are dealing with this reproductive crisis. if anybody else who does not have that wherewithal even thinks about trying it, don't. that's what this comes down to. you have cases in kentucky and elsewhere. i think it will go back to the supreme court which will have to deal with the aftermath of its dobbs decision and how it's playing out in real time to real pregnant people across the country. >> laura, a pregnant woman in kentucky was suing to overturn her state's ban. her attorney announced her embryo no longer had cardioactivity. >> that's the sad reality as for many who have experienced miscarriages. it's the bizarre area we are in. that's the legal landscape we find ourselves in with these cases where people are currently pregnant. that's an unusual circumstance. the natural output of where we are post -- this bizarre patchwork of the current landscape. these are going to continue as we talk to cox's team, they are fielding calls from other pregnant women looking to challenge the bans. >> laura jarrett, dr. patel, kim atkins stohr. the conditions israel -- for israelis, rather, still in the hands of hamas. plus odor protection. try for under $5! 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(vo) it's your last chance to turn any iphone in any condition into a new iphone 15 pro with titanium and ipad and apple watch se - all on us. only on verizon. you're probably not easily persuaded to switch mobile providers for your business. but what if we told you it's possible that comcast business mobile can save you up to 75% a year on your wireless bill versus the big three carriers? did we peak your interest? you can get two unlimited lines for just $30 each a month. there are no term contracts or line activation fees. and you can bring your own device. oh, and all on the most reliable 5g mobile network nationwide. wireless that works for you. it's not just possible, it's happening. as the humanitarian crisis in gaza worsens and becomes a catastrophe according to the u.n., the general assembly is expected to vote for a cease-fire, a non-binding resolution that the u.s. and israel are almost alone in opposing. six humanitarian groups have issued a joint statement saying that gaza is falling into an apocalyptic freefall. they say the toll is devastating. in a two-month war that killed more than 7,500 children by their count. israel says it doesn't target civilians. national security advisor jake sullivan said today that israel has special obligations considering hamas, the terror group, is using civilians as a human shield. >> they have an added responsibility compared to almost any modern military because they are contending with a terror group that does not care one bit about the civilian population and treats them as human shields. that added responsibility does not lessen their burden to have to comply with international humanitarian law, to separate terrorist targets from innocent civilians. >> just in from the israeli defense forces saying that during operation inside gaza, they have recovered the bodies of two israeli hostages. they brought the remains back to israel. in an nbc news exclusive interview, richard engel spoke with one of the first hostages to be freed, an elderly woman who said it's urgent to free the others being held by hamas. >> reporter: one of the first hostages freed by hamas, this 85-year-old woman, tells us, time is running out to save the hostages, still in gaza. how concerned are you about the ones who didn't get out? >> translator: the lack of air in the tunnels as well as the shortage of food and medicine could bring people to complete exhaustion, and they just won't make it. they need to get out today. otherwise, they won't live. >> reporter: she was taken from her home where hamas killed or kidnapped one out of every four people. >> translator: we walked several kilometers underground. we walked there until we reached a large room they prepared in advance. i don't know how many are still alive. especially the elderly and sick. they are not getting anything and barely enough food. >> reporter: as israel continues to attack hamas, food is increasingly scarce. a crowd rushed to take whatever food aid they could in rafah. the u.n. says half of the population is starving and diseases are spreading. in southern gaza, this 15-year-old tried to count the number of types she's been displaced. we are tired, so tired, we are begging for one bite, she says. 90% of gazans have been driven from their homes. that wall is the egyptian border, the end of the line. nowhere is left that's safe for gazans or the hostages. including her husband of 63 years, still held by hamas. >> translator: he was a very talented person. he was a brilliant journalist. he is still an excellent economist. i don't want to say was in the past tense. >> reporter: she and her daughter made an urgent appeal to hamas, the israeli government and the united states, which vetoed a u.n. resolution tie cease-fire to release the hostages. >> translator: there are sick people there who don't get medicine they need. they won't last long. only a negotiation can release and return them. >> make a christmas miracle. make the hanukkah miracle. let us have our people back. >> richard engel, thanks to you. an exclusive interview and a touching one. earlier today, president biden said israel is losing support due to indiscriminate bombing in israel. he said netanyahu and others are making it difficult because they don't want a two-state solution. a senior administration official tells nbc news president biden will meet in person at the white house tomorrow with families of americans taken hostage. he has previously spoken with them over zoom. this will be the first in-person meet agent the white house with the president for those americans kidnapped on october 7th. the future is now. how artificial intelligence is transforming national security and the race for china for tech supremacy. that's next. you are watching "andrea mitchell reports." this is msnbc. this is msnbc. choose nexium. have you ever considered getting a walk-in tub? 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>> we do have the world's greatest innovation ecosystem, hands down. they have a lot of resources, people, money, to throw at the pom and it's state directed. i wouldn't change the american hand for the chinese hand if you paid me. we have to play our hand well. we don't have an innovation problem. we have the lead in ai areas. particularly those that matter to national security. we have an innovation adoption problem. the government and the pentagon -- we are not a good customer. we put up so many barriers to the integration of new technology. we have a number of reforms we need to make to make sure that ai we do use for national security is safe and secure. >> a slightly different edge to this. does it worry you we are reliant for national security on the launch in satellite technology of one person and one entrepreneur, elon musk? we don't have high altitude launches. we can't get our satellites up without him. we don't have the communications satellite that is helping ukraine and now netanyahu wants that for israel and gaza. >> whatever you think of elon musk, the united states military and society should not be depending on one or -- a primary provider. part of resilience is having multiple launch providers. it's having distributed satellites. it's having the ability to quickly launch in a conflict or a crisis if you lost capability, that you could quickly launch to replace it. that's the vision that both nasa and the space force are pursuing. again, some of the challenge is barriers to acquisition, barriers to actually realizing that vision with speed and scale. i do think people are working on that. we don't want to be beholden to one company. even in ukraine, he said, i'm not sure about whether i would make starlink available in other situations. we can't be in that position. we have to have multiple options to have that resilience that we need. >> will you come back? i could talk to you -- >> of course. >> thank you so much. appreciate it. happy holiday to you and your family. >> you too. jumping the line. a look at how the supreme court might handle jack smith's request. that's next. you are watching "andrea mitchell reports." this is msnbc. with no heavy perfumes or dyes. 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[sneeze] dude you coming? ♪ alka-seltzer plus powermax gels cold & flu relief with more concentrated power because the only thing dripping should be your style. plop plop fizz fizz winter warriors with alka-seltzer plus. a critical moment in donald trump's federal election interference case. the supreme court agreeing to a fast track decision on whether or not to take up the former president's claim that he should be immune from prosecution, after special prosecutor jack smith bypassed the regular appeals process in the hopes that the high court will avoid further delays in a trial scheduled to begin in march. the high court's decision could determine whether that trial does start as scheduled or whether it's delayed potentially until after the election. joining me now is former u.s. attorney harry litman. this unusual, not unprecedented. jack smith is trying to jump ahead. the appeals court took a long time to come down with their version of the gag order. he is trying to shorten the whole process, right? >> yeah. i think it's kind of a master stroke that seems obvious once it happened. we hadn't thought about before. you would think he would be in the position of resisting supreme court review. trump seeking it out. there's both the issue and this is the single issue most likely to derail the trial, and there's the time line. he realized you can do this unusual maneuver. it's quite unusual. but this case is made for it, because it was a very short petition that just said, this is obviously a super important case, and you should do it. they responded right away saying, you are right, we will decide very quickly whether or not to take up the issue. if they take it up and rule for trump, the case would be over anyway. if they rule against him, or just decide not to take the issue, then the coast is clear and there's no big delay in the trial. it's pretty brilliant, i think. >> an official precedent back to the richard nixon case. they have done it more frequently in recent years. some 49 over the course of the supreme court history jumping ahead. it does show there's a chance, if they take it, they did ask for a brief by next week from the trump team. >> trump has to respond by next wednesday, which is quick. nixon is the precedent here. the court ruled against the president. that tellingly was a precedent that justice kavanaugh, in the middle of the court, said was one of the most important moments for the court. look, i think it is set up to rule against him. if it's going to the other way, we were lost in any event. this is really clever litigation. >> briefly, very briefly, can we switch to hunter biden? his lawyers want the gun charges thrown out. what's the chances of that? >> i think he is on a normal trial route. he is looking at very serious charges both in delaware and los angeles. his beefbeefs are not the sort thing you can litigate over. if it was another person who had been in the drug addiction and had paid it all back, they just wouldn't have done what they're doing here. it's a shame. i think he is very much in hot water now. >> harry litman on all things, thank you. >> thank you. the battle lines. as zelenskyy makes the rounds in washington, we get a reality check on what ukrainian soldiers are going to face if they don't get funding from the u.s. you are watching "andrea mitchell reports." this is msnbc. watching "andrea mitchell reports." this is msnbc. t's just a bunny! calm down taco. sit duchess. stop! sesame no no. archie! walter don't, no, ahhhh. ahhhhh! you're lucky you're so cute. only pay for what you need. ♪liberty. liberty. liberty. liberty.♪ dad and i finally had that talk. no, not that talk. about what the future looks like. for me. i may have trouble getting around, but i want to live in my home where i'm comfortable and my friends are nearby. i can do it with the help of a barber, personal shopper and exercise buddy. someone who can help me live right at home. life's good. when you have a plan. ♪ ♪ as we have been reporting, president zelenskyy is in washington making a last ditch push to get more weapons and aid for his country's fight against russia. if congress does not approve that aid, what would be the repercussions for ukraine and for the american national security? joining us now is retired four star u.s. navy admiral james stavridis who served in nato and the executive chairman of silverado policy accelerator, a d.c.-based geopolitical think tank focusing on national, cyberand energy security issues. admiral, first to you what does need to fight russia in this -- going into this winter period. it has been stalemated. and now the speaker says today nothing for ukraine, nothing for israel, until they figure out the border security and that's not going to happen this week before they go home for christmas. they don't come back until, you know, after january, mid-january, first, second week, second week. where does this leave ukraine? >> the pentagon still has sufficient money, armaments, kind of in the pipeline that can probably stretch for a month or so. europe similarly. beyond that it gets kind of dire for ukraine to be honest. and we ought to be deeply concerned about that. for starters, it would enable putin potentially to re-energize on the offensive side. they have been stalled offensively for over a year. but if ukraine were really cut off from the armaments it needs, and presumably the money would therefore choke down the possibility of getting the f-16 fighters, getting the long range missiles, it would be a dire moment for ukraine. that's why president zelenskyy has come to washington. unfortunately, i don't feel optimistic about it happening before the break. we're on thin ice here, andrea. >> and dmitry, nbc news has been reporting now that the u.s. has declassified intelligence, showing some progress. clearly the timing is for congress. they told congress there have been 350,000 russian troops killed or wounded out of the preinvasion force of 460,000. so, we see they had to draw down on supplies. they're getting resupplied and other kinds of armaments from north korea, drones from iran. so, they got a pipeline, money from china, dual use from chinese companies, but, you know, where do you see this, and if there is a stalemate, which many people believe, how do you break that gridlock? what policy, what new strategy could you come up with? >> i think the stalemate is wrong way to look at t even though russia sustained huge casualties, they ramped up their massive industrial base, for the next year's budget, 40% of the budget is now going to be on military and defense. if we're not providing ammunition to ukraine, if we're not providing air defense interceptors to hit at these drones and missiles that are flying into ukrainian cities, this is a matter of ukrainian survival and survival of their people. it can get really, really dire. >> what do you think should be done to change the whole atmosphere? what should ukraine, if they had the armaments, what should they do differently to try to get out of this? >> i think at this point they have to look at the reality that even if the state passes the ammunition production constraints we currently have in the u.s. and in europe are so rough right now, even though we're trying to ramp it up that next year we're probably unlikely to supply them with enough ammunition to eclipse russian advances. they're probably going to get around 2 million shells from north korea. they received a million. they're able to produce around 2 million themselves. that's a huge advantage the ukrainians will not be able to compensate next year. they need to start thinking about digging in, making sure russians don't take more of thure territory and preparing for an offensive late next year, early 2025. this will be a long war. >> and i don't want to blow your head up here, admiral, but jd vance says ukraine is going to have to just cede some territory to the russians to bring the war to a close. what is your reaction to that from the ohio senator? >> well, yeah, i think it is premature to presuppose how a negotiation would come out. and at the end of the day, i could conceive of a world that this war ends looking somewhat like the korean war with lines roughly where they are now, an armistice, though a state of war continues to exist. the quid proquo, of course, for ukraine and that scenario would be membership in nato, membership in the european union. but, look, we're a long way from that point. certainly putin will do everything to hang on, keep in the conflict through the u.s. election, hoping for a more welcomed administration to his taste in the white house. and the ukrainians are going to fight as volodymyr zelenskyy said earlier today, fight to the last person. so, i think this will stretch on for a while. our job is to continue to keep them supplied. >> and some quick questions to both of you, first to you, dmitry, should ukraine go after russia, the heart of russia? >> i believe they have to. at the end of the day, the only way this war ends is actually not on the battlefield in ukraine. you can see a situation where ukraine takes back every inch of the territory. all it does is move the frontline. president putin decides whether this war ends, whether he stops attacking ukraine. for that to happen, you have to break the will of the russian elites to keep supplying this war. that means aattacks on military infrastructure in russia. >> and very quickly, admiral, we now know from nbc news that a month after the san francisco summit president xi has not delivered on his promise to restore military to military hot line communications. >> that is very disconcerting. and i worry a lot about ukraine and russia, but we ought to worry even more about a miscalculation between the u.s. and china, say in the south china sea. that hot line is designed to prevent that. china needs to get that in place as they promised our president in san francisco. >> admiral, thank you. dmitri, thank you. i know you have a new book, we'll talk about that coming up as well called "the world on the brink." this does it for today for "andrea mitchell reports." "chris jansing reports" starts right now.

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