hamas makes a big demand in talks with israel as israeli troops find the body of another hostage. details on that just ahead. plus, president biden ramping up his attacks on his predecessor. he's calling donald trump a loser and a danger to the country. will the tougher tone help biden in the polls? and hate on campus. the department of education has launched investigations into seven schools over complaints of anti-semitism and islamophobia. we're following these stories and many more coming in right here to "cnn news central." sources tell cnn that hamas is demanding that israel stop flying surveillance drones over gaza as a condition for freeing hostages held by the terrorist group. it's part of hamas' push for israel to pause its military operations in exchange for people it's holding captive. it comes after the idf says two hostages were found dead near al shifa hospital. israel said today the body of 19-year-old noa marciano, a corporal in the israeli military, has been returned to israeli territory. all of this unfolding as conditions inside gaza hospital continues to worsen. the palestinian ministry of health says 41 patients, including three premature babies have died in recent days due a lack of electricity at the hospital. oren joins us with more. what can you tell us about this drone demand and how israel views this? >> reporter: pamela, as is obvious at this point there has been no hostage exchange agreement put in place that would include the release of hostages held by hamas in exchange for a pause in the fighting. we have learned according to two israeli sources and a source familiar with the negotiations during the negotiations over potential parameters of such an agreement hamas tried to demand that israel wouldn't fly its drones over gaza during a pause in the fighting, and that's something israel would be incredibly unlikely to accept. while we were in gaza several days ago and standing on the border we heard the constant presence of drones overhead. those drones are one of the key ways for israel to surveil the battlefield and see where its troops are, identify potential threats and keep an eye on hamas movements. to remove the drones means at least from israel's perspective that hamas would have a much easier time relocating and preparing for the end of the pause in fighting and potentially moving hostages around where israel can't see them. that, too, obviously, finding those hostages is a key goal of israel which is why israel is almost certainly to he reject any such proposal put on the table. what's unclear at this point is if that hamas demand remains on the table or has been removed from the negotiations, as simply unworkable from israel's perspective. it was one of the elements hamas was trying to demand as those hostage negotiations moved forward. pam, at this point we've heard reports and rumors about where those negotiations stand, whether they're imminent, not going to happen, what's clear now is that those negotiations have not come to fruition. >> it's so hard. these families wait and hope to see their loved ones again. meantime the u.n. is also calling on israel to grant access to gaza to investigate claims that idf found operational hamas tunnels at the al shifa hospital complex. what can you tell us about that? >> reporter: after israel leased video of what it said was an operational hamas tunnel within the al shifa complex, the u.n. high commissioner for human rights came out and said they need access to that site so they can conducts an independent investigation since they say we can't rely simply on one side or the other to tell us what's underneath. we haven't heard an official israeli response, but it's unlikely israel will approve that request in the short term because of the distrust israel has for the u.n. the burden is still on israel to prove that tunnel that we did geolocate to the complex is part of hamas' network and there is what they have labeled terror infrastructure under the hospital. it's worth noting that it's to the just israel's credibility that is at stake here. the u.s. has thrown their weight behind the claim saying they have independent intelligence on that. it's the u.s. as well. >> oren, thank you for that. too dangerous to stay and given only 30 minutes to leave, cnn's jamana has the story of one family and their desperate escape from northern gaza. a warning for you, some of the images and content we're about to show you are extremely graphic, but we think it's important for you to see what is happening on the ground there. >> reporter: gaza city, 2-year-old walit distracted through his family's most difficult night of the war so far. with daybreak the israeli military calls with an order, you have 30 minutes to get out. it was 9:30 a.m. on november 10th with makeshift white flags the military told them to hold up they prepare to move. [ speaking in a global language ] >> reporter: with the little they can carry they head out into the unknown. some too frail to walk. [ speaking in a foreign language ] >> reporter: filming the forced evacuation of his family along with 30 of their neighbors. his phone in his right hand and in the other his son. he speaks french with his son, looking for his wife ahead. while waiting for other elderly neighbors struggling to catch up. [ speaking in a global language ] >> reporter: that constant buzz here is israeli drones overhead. it's been the soundtrack of gaza for years. as they get to the other side of the street, rami spots his neighborhood. something is not right. [ speaking in a global language ] >> ahmed was shot in the head. he didn't make it. around the corner, two others, a man and a woman, also shot. it's uncertain who opened fire on the group. cnn geolocated the videos and traced the deadly journey out of gaza city and provided the israeli military with details of the incident and coordinates but they did not respond to our request for comment. >> hello? we reached rami now in the south. >> reporter: like most here, they were on their own. they got to al shifa hospital, but didso did the war. witness to it all, 2-year-old walit. >> translator: i kept trying to make sure he's not scared and make him feel like what he's seeing around us is a circus or amusement park. i don't know if i succeeded. even the journey of humiliation where you take a donkey here and horse there i was trying to make that entertaining for him. >> reporter: i asked rami why he decided to film? >> translator: i just want this to get to the world so they know the injustice we're facing. they cast doubt on everything we do. they're stronger in every way, not just militarily bus the information that comes out, the news that comes out. what they say is truth and our words are lies. please, just deliver our message. i don't want anything else. i don't want all those who have been killed to have died in vain. >> reporter: rami doesn't know what they will do now, but says he will only leave his homeland forced at gunpoint or dead. cnn, london. >> 2 yard line. wow. thank you for that reporting. israel says it has tried to call people in gaza to evacuate areas where military operations are under way to minimize kifl yan casualties, but there has been worldwide criticism on the number of deaths in gaza. the hamas controlled gaza ministry of health says more than 11,400 have been killed, including about 4700 children. >> it is hard to watch. it is so important to watch as we see what is happening there on the ground. we are joined now by a law professor at rutgers university focusing on the laws of armed conflict. obviously, the attention shifting now to al shifa hospital. we saw it there, professor, in the story. if hamas was using this facility as a staging ground for military operations, which, let's just be clear, we do not know that for sure, israel has not provided definite evidence of that, they've shown evidence of some kind of tunnel shaft, but there's, obviously, a lot of information we do not know about that tunnel shaft, well then that would be a clear war crime. has israel responded in your opinion with its own war crimes? >> thanks, brianna. yes, in my view the israeli defense forces have violated international humanitarian law and a variety of ways. the first and most obvious is by impeding humanitarian relief from reaching gazan civilians. it's a clear violation of international humanitarian law that has been universally condemned. i also think that the operations against hospitals need to be understood, not in terms of one rule of law, but several. international humanitarian law provides several layers of protection for hospitals. the first basic layer is the same layer of protection that applies to all civilians, to doctors, to nurses, to patients. those individuals retain their protection, no matter what happens to the building in which they happen to be. the second level of protection is the protection that is specific to hospitals. they may not be the object of attack and their humanitarian functions may not be impeded. now it is true that if a particular building is being used either in whole or in part not for medical purposes, but for military purposes, that building loses that top layer proveof protection. all the human beings inside, the doctors, the paramedics, the patients themselves, they are still protected and so israel must take all feasible measures to limit harm to them. they must call on attacks or operations that would reflect a disproportion of harm on them and israel has a general obligation to take constant scare to spare civilians from unnecessary harm and that requires allowing hospitals to do their life-saving work to the maximum extent possible and not preventing medicine and other essential goods from entering the hospitals. >> there are so many things interacting here. we look at what happened on october 7th. the u.n. says that is a war crime. taking hostages back to gaza that is a war crime. this issue of proportionality which is complex and this responsibility incumbent on israel to weigh the civilian casualties, consequences against any military advantage the it may have. talk a little bit more about that, especially in the context of this is hamas promising more and more attacks, whose founding charter is actually based in the genocide of israelis and the destruction of the israeli state. i mean how do you wade through all that? >> yeah. so there are actually two proportionality rules that apply here. one applies to specific attacks, like the air strike on the jabaliya refugee camp that killed over 100 people including 69 children according to air wars. in that context, what the idf should have done is considered the expected harm to civilians and weighed that against the military advantage anticipated from, according to them, eliminating a kind of local or regional hamas commander. in that context, that attack strikes many, including me, it's clearly disproportionate for two reasons. first the extent of foreseeable civilian harm is so out of step with what other advanced militaries would ever even consider in other conflicts. if you look at the u.s. led fight against isis in iraq and syria, there was never an air strike in which the u.s. knew that an air strike would cause this level of civilian harm and went ahead with it anyway, even though isis, like hamas, is an extlim dangerous and capable adversary. the u.s. never considered that kind of civilian harm to be proportionate. on the other side the military advantage side, the fact is that hamas, according to all reports, has a deep bench of mid-level commanders, so taking out one local or regional commander, is not going to change the course of the war. it's not going to bring you that much closer to your goals. that person is probably going to be replaced, and it's not really going to make a decisive impact on the battlefield. given that imbalance, that disproportionate between civilian harm and military advantage, that attack strikes me, as well as many other international lawyers, as clearly disproportionate. >> just real quick, as you're looking at this and you have people on both sides saying war crimes, war crimes, how do you referee a situation like this where you arguably have war crimes coming from different sides and it's a matter of degree? >> yeah. so i think that's the reason the imperative for an independent and impartial investigation. i would like to see the international criminal court really supported and the prosecutor supported in their investigation. that would look into both sides, ha hamas and the idf, and you would have an independent objective look at what is really going on and really get down to the facts and an impartial application of the law, which is what we desperately need right now. >> desperately. professor, we so appreciate your insights here. thank you. >> thank you for having me. and still to come, this hour, with the election less than a year away, president biden is revving up the attacks against former president trump. new cnn reporting next. fresh polling reveals just how close a hypothetical matchup between biden and trump could be and which candidate biden is trailing. it's been 100 days since a t devastating fire ravaged maui. "c"cnn head cnn talkeded to the tatask forc looking fofor people s still mimissing. well, the gloves are coming off. with election 2024 fast approaching, campaign officials say president biden is sharpening his attacks against donald trump, casting him as a loser and much more. cnn's arlette sainz is at the white house with brand new reporting. what are you learning? >> pamela, president biden is increasingly sharpened his attacks against donald trump as the two men head towards a possible matchup or rematch, one year away from this month. now, the president has been making these comments in some of his official speeches but mostly in the off camera private fundraiser. an adviser said that president in particular wanted to push back on former president donald trump for his recent comments likening -- using the word vermin to describe political rivals. the president in a san francisco fundraiser this week said that that kind of language you heard in nazi germany in the '30s and there's a lot of reasons to be against donald trump, and he shouldn't be president. this comes as the president has faced polling that has worried some democrats as the hypothetical head-to-head match-ups including one from cnn has shown former president leading biden narrowly. there has been pushback from allies who wanted to seat president and his team take a forceful approach with trump. one told me bluntly, joe is going to take the gloves off and start to engage with facts instead of b.s. they have to be more forceful, more in the electorate space and take these guys on. >> and then you know so much of this you mentioned is off camera. when is this going to be something you see actually coming out of biden's mouth? it does make a difference when you see him on camera saying these things just in public? >> yeah. the fund raisers are really the president's only overtly political events right now. that is why you are seeing some of these more fiery comments coming behind closed doors, but advisors say that's above the evolution of the campaign, that president will be picking up active campaigning later next year but his campaign is also trying to find other ways to sharpen the contrasts. they tried to bring attention to the policy platforms that president trump would adopt if he were to seek a second term. one of the things is trump's plans to kind of expand the hardline immigration policies of his first administration. it's clear as you see over the course of the weeks as this campaign develops, that the president is becoming more eager to take on his predecessor as they could head towards that potential rematch. >> yep. we are looking toward that as well. thank you. joining us with more we have political director david chalian. that's the thing is that donald trump is giving biden a lot to work with in terms of what he envisions for his second term. when you see this become the public fight, what is that going to do to the race? >> well, i think as americans tune in to the race in the months ahead, it will crystallize the options. when i would talk to biden advisors at the beginning of this year, sort of heading too election season, eight months ago or so, it was clear they believed their entire approach to the 2014 re-elect was to make sure this was not going to be a referendum on biden but making a choice and the contrast of who they believed was going to be the republican nominee donald trump couldn't be more clear for them and they are going to continue to lean into that. yes, arlette's reporting, of course, they're stepping this up now and you're hearing more from the president behind the scenes on this at his political events, but this is not a changed plan. this has been the plan. they believe that's their best argument for success to compare biden to trump. >> and when you look at the polls coming in, they can illuminate maybe what voters are thinking and one is when it comes to biden's physical and mental fitness, he got a poor assessment out of new hampshire. 58%. that was the one where when stacked up against trump, he did worse, right? >> it was the only quality that we tested where donald trump out performed joe biden. this is clear everywhere. in that same poll out from cnn, new hampshire today, you see a majority of democratic primary voters, likely democratic primary voters say age, the president's age, is their biggest concern about his candidacy. nothing about his policies or -- not nothing but fewer, much smaller group saying his policies or he can't night the country. it's his age. that gets to the fitness piece as well and in comparison to trump at least in this policy in new hampshire trump scores better. >> nikki haley and joe biden face-off would appear in the polls to bring a different result. that would be if there was a large republican appetite with her compared to trump, which there does not appear to be. this is an interesting trend here. >> yeah. this is a trend that we've been seeing since the end of august, beginning of september. we had a poll out right at the end of summer that showed -- against joe biden better than any of the other republican running including donald trump. she is the one who for several months now has consistently had a lead in the polls. these are polls about an election still a year away or less than a year away. let's not put so much stock. but for the pertinence of that poll finding that is now a credential nikki haley sales on the campaign trail, she is the one to republicans that can most easily defeat joe biden and their number one goal next year. the problem for her is that donald trump, who has such a commanding lead, is also very competitive with joe biden in this year out polling right now. >> right. but there's no clear frontrunner between biden and trump? >> no. most of the polls -- in our recent poll he had a narrow lead, trump did, and other polls that have come out they're within the margin of error. haley consistently is outside of the margin of error with a lead over biden. >> very interesting. thank you so much. authorities in ventura county, california, gave an update on an arrest linked to the death of a jewish protester. a cnn exclusive, department of education is investigating several schools over allegations of anti-semitism and islamophobia. rene marsh will bring us the latest on that. authorities in southern california have arrested this man, 50-year-old college professor loay alnaji. they charged him with involuntary manslaughter in the death of jewish protester paul kessler. earlier this month kessler fell backward and hit his head on the ground following an altercation during dueling protests over the israel-hamas war. alnaji is expected to make his first court appearance today. stephanie elam is in ventura county where the district attorney and county sheriff spoke about this. tell us what you've been learning. >> reporter: yeah, they told us they have gone through some 600 pieces of evidence and witnesses to the event and taken video as well as digital footage and compiled those together to get a timeline of what led up to the altercation that ultimately led to the death of 69-year-old paul kessler. what was interesting here is that they said they were not charging murder because they're saying, i want to read it, there is no information that defendant that was arrested actually showed up to that intersection with the intent to kill or harm. that is why there's the involuntary manslaughter charge. the other is battery causing serious bodily injury. take a listen to the district attorney to talk about the reason they did not go after a hate crime at this time. >> we did not file murder because there was no intent on the defendant's part to commit one. we also did not file a hate crime at this time, although that investigation is ongoing. simply put, looking at the statements, as well as the words that accompanied the act, we cannot at this time meet the elements of a hate crime. >> reporter: now they spoke more about this evidence that they compiled together and this forensic evidenced including findings related to the injuries on the left side of the face of paul kessler and putting that all together to get to where they are today. it is interesting the d.a. thanked the leaders of the jewish communities here and the muslim community here in ventura county for believing them to go ahead and follow through with this investigation here, but, obviously, they're saying more charges could be filed and they continue to ask for the public's help, if they have any more video or images of what transpired in that intersection. to reiterate, it was a pro-palestinian protest where there were a few pro-israeli protesters, counter protesters, who showed up and that's where they intermingled and something transpired that led to paul kessler's death. >> stephanie elam, thank you so much. appreciate the report. it's been 100 days and the search is still ongoing for victims of the catastrophic fire in maui. we'll have a report from hawaii next.. it has been 100 days since wildfires devastated parts of hawaii and claimed the lives of 100 people. today there are still people -- and law enforcement officials are launching new searches to find them. cnn has this story. >> reporter: more than 100 days later it is still nearly incomprehensible taking in all that is lost. >> you're there with the person as they're sobbing an you see firsthand the trauma. >> reporter: maui police officers brad taylor and steven lancedo are two of the heros whose task force has investigated every single missing persons case from the lahaina fire. >> we're working towards the goal of making sure anybody who has a lost loved one we're able to find them or give them closure. >> reporter: but that has been elusive for the families of four people not seen since the fire. among those still missing is robert owens. >> we learned he used to work for nasa as an engineer. he is a resident of lahaina, a local artist a boat builder, wood worker and published author and father two of. el men stevens, a father of two, and he does find solace in the quiet plaeasures of life. >> reporter: the fourth is lydia. >> lydia is a lahaina mother, a well respected community member. >> reporter: an astounding eight of their family members have lost their lives in the lahaina fire. >> we still are giving family reference samples coming in. >> reporter: tony leads the csi team and as of now there's one set of human remains that hasn't been identified yet. >> we have ideas of who we think it is. >> reporter: he adds when it comes to putting a name to the remains. >> i can guarantee it will be days, if not weeks or maybe even months. >> reporter: this week officers taylor and lancedo are planning new burn zone searches. >> steve and i are still going out into the rubble into the burn zone. we'll find new information out and we're really -- we want to get the rest of nothose people. >> reporter: officer taylor tells us he knew some of the victims. >> one of the unfortunate ways i found out, we would get the dna confirmation sheets and i was reading through it and i read a name and it was a former coworker she used to work with the police department. when i started my career i worked with her. >> reporter: officer lancedo was changed, deeply affected by devastating wildfires. >> my hometown is paradise, california. they went through this. i made an effort to get into this position so that i could be beneficial for the department and be there for the families and friends because i had family and friends in paradise that lost their homes and everything. >> reporter: it's been 100 days of work, both officers remain hopeful there will be answers and solace for the families of the four who are still missing. >> when i set out to do this no stone unturned no one left behind, and i am hopeful and committed and dedicated to make sure i reach that goal. >> reporter: after watching the story the natural and very delicate question is whether we can assume that four people who are missing were tragically lost in the fire. the answer is no. we can't make that assumption yet because we'll take you back to the last week of october, maui police first confirmed with us at cnn they found one person who was on the missing list alive and healthy, so the missing list went from five, the final week of october, to four now. that is why, pam, there are still realistic expectations that the worst could be realized, but there is still hope as maui moves forward. >> all right. thank you so much. we appreciate it. when we come back a cnn exclusive. the department of education is investigating allegations of anti-semitism and islamophobia at some of the country's top universities. spacex is ready for round two, about to launch its most powerful rocket after the first ende ended with an explosion. we'll have more on that up next. we have cnn exclusive reporting about the alarming rise in hateful rhetoric since the hamas terror attacks last month on israel. department of education has launched an investigation into seven schools over complaints of anti-semitism and islamophobisl. and it is not just colleges. rene marsh is on this story for us. >> and first off, this is so significant. mainly because these are the first of the hate campus investigations that we are seeing since the october 7 attack. and then also to have this many investigations all happening simultaneously within this short period of time coming from the department of education, that is quite unique. but it speaks to the time that we're in and how these tensions are really boiling over on these college campuses. you mentioned cocornell, columb, and the k-12 school, all receiving word within the last 48 hours that they were under this investigation. and these investigations are stemming from complaints coming from students, advocacy groups centered on five anti-semitic incidents on campus and two islamophobic incidents on campus. of course all allegations that they will be looking into. secretary of education was on cnn this morning and he had a message specifically for parents. here it is. >> your child should be unapologetic about who they are, expressing who they are. they shouldn't have to hide their identity to learn on campus or in a k-12 stinstituti. and it is our responsibility to protect them and we're doing everything that we can to enforce that. if we see that there are places that are gotting that, we'll open up an investigation and provide support but open up an investigation to make sure that we're doing our job as educators. >> and i started reaching out to these schools under investigation. cornell for example, they had no comment. columbia university saying that they plan on cooperating with the investigation. >> this is sort of different. i think people think that this is an investigation, but this is a department of education investigation, not like a doj investigation. so how does this work? >> right. they are calling this a civil rights investigation because as the school getting federal dollars by law, they are obligated to make sure that students aren't discriminated against, harassed on him campus and they can learn. so the way this will work, they will go in, get the facts of each of these incidents. and then they will give recommendations to the schools and if the schools do not comply, they risk losing the federal funding. and they will be under a period of monitoring to make sure that they maintain an environment where students don't feel like they are being harassed or does his criminal natured against. >> and it is so important to get to the bottom of these incidents. so interesting to see what the reports say. r rene, thank you. and now to some of the other headlines we're watching this hour. major cities in the u.s. are being forced to implement new rules as the massive influx of migrants continues to put a strain on resources. and chicago, the mayor there announced a 60 day limit on shelter stays explaining the goal is to help migrants become, quote, self-sufficient faster. and in new york, officials are cutting the number of services being offered. also dana carvey is mourning the loss of his son to an accidental drug overdose. he called it a terrible tragedy and said dex loved life and he said to anyone struggling with addiction or who loves someone struggling with addiction, you are in our hearts and prayers. and widespread fevers catching covid is no longer a thing. a new survey found three-quarters of americans are not worried about getting sick this holiday season. about half of those surveyed say they don't plan on taking any precautions. and most are not worried about spreading the virus to their loved ones. the cdc recommends anyone six months and older to get vaccinated for the covid and flu. counting down to liftoff for the most powerful rocket ever built. less than 24 hours from now, spacex will give its starship system another go. you may remember back in april the first launch, this was the attempt right here, it did not go well. it ended with an explosion. and since then, there has been a lot of rebuilding, a whole lot of red tape to get through as you can imagine. and we have a live picture actually of the starship rocket now. this is the launch pad near south padre island, texas and that is where we find kristin fisher. listen, two times, number two, this will be the good one, i can feel it. this was supposed to happen today though. pushed to tomorrow morning. tell us about the delay. >> reporter: the delay was caused by a piece of hardware on the rocket's booster. very technical term called the grid fin accrue eight tore. it is supposed to help steer the booster has it makes its way back to earth.eight tore. it is supposed to help steer the booster has it makes its way back to earth. they had to fix it, bullpet nowk up and it appears to be ready to fly and we're counting down to an 8:00 a.m. eastern time liftoff tomorrow morning. this whole area, the beach behind me, even in the water, supposed to be packed with hundreds if not thousands of people here to see the world's most powerful rocket on its second flight attempt. you were talking what happened in april. and the spacex engineers will be looking closely to see within the first few minutes of liftoff did the launch pad survive. it was destroyed last time. huge chunks of concrete sent way down the beach here. they will be looking to see if all the engines ignite, all 33 engine, several failed to ignite last thooit ime and they will ae does the rocket separate, is it able to have the spacecraft come apart and booster fall back away. and so they are checking to make sure that there are not ex-tex ex-tenure eighting concerns on the wildlife refuge. >> and so what are they hoping do here? >> reporter: this is the rocket supposed to allow people to colonize mars. elon musk's goal is to make humanity multiplanetary. but this rocket is a critical piece, a central piece of nasa's arrtemis program to return peope to the moon by 2025/2026. if do not, nasa administrator says he is very concerned that chinese astronauts could actually beat american astronauts back to the surface of the moon and some day build a base there. >> well, fingers crossed for tomorrow. kristin fisher, thank you for that report. we appreciate it. and coming up after weeks of u.s. pressure, the israeli government will allow some fuel to enter gaza every 48 hours. we'll have details on that just ahahead.

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