>> for joining us, cnn newsnight with abby phillip starts right now carnage and catastrophe in black and white. that's >> tonight on newsnight good evening. >> i'm abby philip in new york. what is it like to watch chaos unfold at your feet, unable to stop it, unable to do anything but watch well, tonight, the world knows this is video from the israeli defense forces. and that's warm, that buzzing nucleus. those are people, desperate gazans surrounding aid trucks, who are carrying food and supplies now this hour, 112 of those people are now dead. hundreds more are injured as cameras caught. a clear eyed view of what this war is doing to innocence inside of gaza. all of what you're about to watch is disturbing and it's shocking. and we thought long and hard about whether to show this to you but the brutality of what happened is in escapable. this was the scene that was surrounding that aid convoy before the disaster intervene, palestinians huddled there chatter. you could hear here it there over the death of the fires that they'd set to keep warm as they waited. they just wanted to eat, they wanted to feed their kids and their parents the world food programme was last able to deliver aid to north gaza more than a month ago now, after a month without food and months scrambling for just the tiniest morsels this convoy, 30 trucks and all offered a rare glimmer of hope in the pitch darkness that is now life for palestinians in gaza. >> but hope >> is, of course, the most fragile of things and soon the bullets shattered it that crackle of idf gunfire came around 04:00 in the morning. the burst killed 20 people. and according to local journalists who were on the scene that triggered a chain reaction, a deadly stampede of people running from danger only to stumble into even more some were trampled, some were run over by the trucks themselves. now, daylight brought clarity on the catastrophe, the painful and unnerving clarity of at all men use donkeys to card away corpses from the pictures. it's hard to discern who died from israeli gunfire and who died by stampede. when donkeys weren't an option, bystanders loaded the bodies onto pallets, they drag them, carrying them men were suddenly turned into pall inside of gaza city near its already hollowed out hospitals. the scale of the slaughter gets even more obvious the floor is now a triage table and for others, they arrived simply beyond saving any able bodied person who was nearby is now a makeshift medic blood soaking through the close of those trying to help, even if helping means ferrying bodies draped in white sheets others crouched down, heads hung in sorrow at a row of people who helped could not reach in time this man whose identity cnn does not know, is already beyond the grasp of that outstretched hand seeking to give him just one more moment of comfort. cnn cannot fully confirm the israeli account of this incident, nor can see an unconfirmed the palestinian version of events. but without question, what happened here is a stain on humanity this is how israel has described what happened in that crowd >> the trucks went through, they were surrounded by hundreds of people, thousands of people perhaps. and as they were trying to loot the goods on the trucks it appears that the trucks continued to move forward and this is the unfortunate reality of mass casualty event that actually has very little or nothing to do with israel nothing to do with his real unfortunate is what these government says. but you can't disconnect this war. first of course, sparked by an act of brutality from hamas from the widespread famine that is currently occurring inside of gaza, where people, children are simply wasting away >> our children die of hunger. they went to get a bag of flour in order to be by children. some will run over others were shot now, palestinians don't even want the help. they say they would rather starve. if it means watching their children die is the cost of eating these individuals were not injured in war, rather, they will harm to wipe, trying to provide for their families the situation is surreal and chaotic. if aid is to come to us this way, we don't want it we don't want to live on the blood of our children >> again, as a reminder, palestinians have lived through 145 days of near nonstop death. they've now had to watch more people die. the only question tonight is this a tipping point? or will this get lost in the fog of war is just another day, another unfortunate series of events that ended with death and without change. joining me now, mehdi hassan, he's the founder of zaizhou news. it launches on substack next month and his book win every argument is also out now on paperback. many thanks for joining us tonight. it's good to see you. look israel as we just laid out in the last few hours, have tried to frame this as a tragedy, but just not one that is their fault the idf says it fired warning shots to try to disperse the crowd around that convoy do you lend any credibility to that explanation? and from the eyes of the world does it matter what the explanation is for what we saw unfold? >> all right. >> well abby, thanks so much for having me on the show and thank you for that very important, very powerful intro. you did just there in terms of believing the israelis, i would say that it took multiple innocent black people to die at the hands of police in this country, whether it's breonna taylor, whether it's freddy gray, whether it's george floyd for people in our industry ib to start saying, well, maybe we shouldn't just blindly believe police statements after shootings happen. and i feel like we still haven't quite reached that point in the middle east with the israeli military, the israeli military tend to say things that turn out not to be true, both before gaza, when they killed shireen abu akleh, us citizen, had lied about it, or read during this conflict, so many lives, the israeli military has told about a terrorist godless under the rantisi hospital or command and control center under the al-shifa hospital. a documentary in lebanon that they claimed was palestinians face making their own wounds. so many, you can't even count. and now we are told today we'll actually it was just a stampede even though eyewitnesses, abby say that the israelis opened via israeli tanks open fire without warning, according to one eyewitness in the washington, both doctors say that the bodies they got at the hospital, you showed the pictures on people on donkeys well, mostly bullet wounds, not stampede wounds. the israelis open foreign hungry people trying to get flour. it's being called a flower massacre for that reason. and you asked is, is it a tipping point? >> i mean, >> in any normal world, it should be in any other conflict. it would be abby when putin did stuff like this in ukraine, we condemn them when assad did stuff like this in syria, we condemn them when israel starves hundreds of thousands of people and then shoots people who go to get flower. whereas the condemnation for the united states government, the state department spokesman, would not condemn israel today. so it's a tragedy is at a tipping point. i wish it was as i suspect it isn't. >> what president biden has said is that he has acknowledged the events that happened and says, it will likely complicate the negotiations that they've been working on for a temporary ceasefire from biden's perspective, do you think this could be the incident that pushes him to actually rethink how he approaches this relationship with this particular israeli government and this war >> as i argued it out, guardian piece recently, joe biden has the power to pick up the phone and end this war. he can ring the israeli prime minister and say we're cutting you off. we're cutting off a, we're cutting off armaments. israel, israelis themselves, israeli general, so we can't do this war without america. he hasn't done it. he didn't do it after 10,000 dead. he didn't do it off to 20,000 dead. today, we cross 30,000 dead. you have to ask the question why this is a man who's seen as the great comforter in chief, the great empath has had huge personal tragedy in his own family. and yet 30,000 palestinians according it was own defense secretary today, 25,000 women and children. how on earth has he not stop the war till now? how another we still debating this and abbey onn on the situation on aid. i just got to point out here four out of five of the hungriest people in the world or in gaza right now, even with or without those aid trucks, people are starving a two month old baby call mahmoud fatou, starve to death earlier this week in gaza, this is not a natural disaster, this is a man-made famine. food is plentiful. it's available, it's a few miles away and yet it's being blocked. in fact, at the israeli crossing abbey, i don't know how cnn viewers know people are putting up bouncy castles. israeli protesters, and eating popcorn and candy, cotton candy and blocking the aid. that is crazy >> it do you think mary that there is look, i think you understand that president, you say present biden can just pick up the phone and cut it all off. you you also understand he probably won't do that. so if you were to give him advice today, knowing what he is likely to be able to get to a yes on what is the one thing that you think he should do today that would make this better marginally better tomorrow for gazans >> it simply it is get a ceasefire and it is within his power to get a ceasefire. it's within the power of the un security council to get to see if i remember the rest of the world wants a ceasefire. it's america that is blocked this at the un security council, even other western nations have backed a ceasefire it's biden, blocking it >> so glad. >> is he, if he was able to get that cease-fire that he's been discussing over the weekend, you would view that as progress? >> anything at this point is progress when hundreds of people are being killed every day. but i would point out use the right word marginally better. a new study came out this week that said, even if you get a ceasefire tomorrow, 6.5 thousand palestinians will die in the next six months from the public health conditions. and if you don't get a ceasefire tomorrow, 58,000 palestinians will die over the next six months once we will be complicit in that, it's our weaponry, it's our money, it's our diplomatic support. and our president can stop this and i hope he does it real quick. i don't think he well, before you go, i mean, obviously, you know, this has become a major political issue for the president. do you think that if it does cost him the presidency, that it should given his decisions on this war what i would say is that joe biden has rightly said for the last few years that donald trump poses an existential threat to our democracy. the idea that he would risk not only his own presidency but the future of american democracy for the sake of benjamin netanyahu and itamar ben gvir, and bezalel smotrich and the rest of the fascist in israel is bizarre and inexplicable to me. >> all right, many, hassan, thank you very much for all of that >> thanks, abby >> and up next breaking news tonight, special counsel jack smith, announcing his preferred date for donald trump's documents, trial as we learn what prospective jurors will be asked, plus the dual at the border, what president biden did not announce as trump pushed fears about migrants. this is newsnight cnn news night with abby phillip. he's brought to you by. so tick two fine. now, you've so tick to is the treatment you've been looking for. >> she found the feeling of finding the psoriasis treatment she's been looking for sheath found sertich to a once-daily pill for moderate to severe plaque psoriasis for the chance at clear are almost clear scan it's like the feeling of finding your bag is back we're finding psoriasis can't deny the splendor of these 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trump's immunity claims in the hands of the supreme court, seems that's unlikely. but we're also tonight getting a look at the fight between trump's lawyers and special counsel over what questions can actually we be asked of people who might be on that jury? the first do you believe 2020, the presidential election was stolen? prosecutors want that one. the defense does not. the next question also facing the objection from the defense? do you have any opinions, feelings, or beliefs about the us department of justice or the fbi prosecutors also want to know where jurors get their news on the defense side, lawyers want to ask the jury about their personal politics. are you registered to vote? are you registered with a particular party affiliation? did you vote in the 2020 presidential election now, jack smith doesn't like any of those questions along with this do you have any negative views about law enforcement including the fbi, federal prosecutors, criminal defense attorneys, judges, and politicians joining me now to discuss this. tim parlatore, he's a former attorney for donald trump, and elie ms dahl justice correspondent and columnist for the nation, as well as host of the new podcast. contempt of court. so elie, what do these juror questions tell you about the strategy on the prosecution side and tell us a lot. i think they're pretty standard. i mean, at this point, asking whether or not you believe the election was stolen is a simple question of mental competence, right? no different than asking, does too plus two equal four or is the earth flat, right? let's not, it's not a big idea. it's not a big deal to try to screen out jurors who are mentally incompetent to sit in judgment of others. and at this point in our history, whether or not you know, who won the election is a basic mental competence point in terms of some of the others about the party affiliation and whether or not you had any negative feelings about law enforcement. these are fairly standard questions in any jury trial. if i am sitting on a jury and let say a cop is being prosecuted for perhaps police brutality or a person is suing saying that they were brutalized by the cops and i was a jury for a potential juror, they would ask me, do you have any feelings about the cops? and i'd have to answer truthfully, and i probably wouldn't be on the jury. and that's okay. so like most of the questions i think are pretty standard or basic questions about mental competence. >> i mean, tim, it's an important point. there's a clear answer to the question. do you think david 20 2011? action was stolen and if you answer wrongly, even if that is 40% of the country or whatever that number is. i mean, do you think that that should be on the table here? i mean i don't think it's a mental >> competency question, but it is something that you do want to know. i think that you know, it surprises me that the defense doesn't want that question on there because ultimately the point of jury selection is to try and weed out any prejudices that the jurors may hold it would prevent them from hearing the case fairly. and so the question, none of these questions really strike me as necessarily being absolute disqualifiers, because any one of those questions can then be rehabilitated through, well, even though you think whatever about the election, are you registered for whatever party or whoever you voted for? >> can you set that >> aside and hear this case fairly, which is some of the questions that the defense had proposed in the final questions and really the whole point of jury selection. you want to try and find these things out and have a full picture because last thing you want to do is to seat a jury and then find out later that somebody had some prejudice that prevents them from hearing the case fairly. >> yeah. i mean, they not just want to find it out, but i mean, presumptively le they also want to be able to weed people out, perhaps based on how they answer some of these questions. given how polarized some of these questions it's our, the media that you consume. do you have a negative view of politicians the 2020 election questions, how hard do you think it's going to be elie to find a jury that is acceptable to both sides on all of those fronts. >> well, that's gonna be the whole ball game, right? like it is going to be difficult in our polarized nation to find a jury that both sides that everybody thinks is fair. i think it's possible, but it's going to be hard. my question more, abby is like i wish we could ask these questions of the judges, right? i like to know eileen maga cannons answer to some of these questions. i'd certainly like to know chief justice john roberts is answer to some of these questions, right? so while we're sitting here investigating whether or not we can get a fair jury. i feel like we're slightly missing the ball that the judges and the prosecution itself might be bias, might be painted it might be unfair based on the history that we've seen from these republican appointed justices over the past few months >> speaking of just add, since you brought it up, elie, you're getting some attention for what you've said recently about why you think the justices are taking up this immunity case. the supreme court justices, that is why say that they are hoping for trump to actually win >> because they're doing everything they can to delay his recognition so that he has an opportunity to reinstate, install himself as president of united states. looking at the supreme court's own history, we see that when they want the move fast, they move extremely fast. they heard the colorado immunity case within 51 days of that decision being entered in against trump. why? because it didn't help trump. now, with the immunity case in dc, we see that it's going to take them at least 130 days before they even think about hearing the case. why? because in that situation, delay helps trump and we can go back throughout history. we can go back to bush v. gore. we can go back to lots of different cases. we can go back to the texas bouncing, hunting, abortion banned thing when the supreme court wants to move quickly, they move when they don't they don't. and it is totally fair to ask why, why is it that when it helps trump they all of a sudden want to slow-walk it. they move like an end. but when it helps, when it, when it's something that could hurt trump, they move like a fighting or akai >> what do you think about all that time? >> those are good political talking points, but as a lawyer, you have to look with the actual record is and in every one of those cases, you make a motion for an expedited schedule. you put out the reasoning for that. there is reasoning why the colorado case had to get expedited because of the dates of the primary and the dates of the general election. the reason why the trump case is not being expedited, the immunity case is because the prosecution did not articulate a reason why it needed to be expedited jack smith went through great detail saying, oh, it has to be done because it's so important but he never said why and that's the problem is that you can't just say it's important because jack smith says it's important. you have to actually meet the legal standard. and it's not any of the papers. so again, that's some great. the actual argument >> you've got, the asphalt motions go ahead, ali, is the actual argument here that clarence thomas and john roberts don't know why it might be important to figure out if the >> president has committed crimes, needs to go to jail before the primaries. is that really the argument that we're thinking here? because i don't buy that, i don't believe that the issue here is that the supreme court just they didn't know how important it might be to get trump's trial moving and signed, sealed, and delivered before the primary process or before the republican national convention, or certainly before the election. that just doesn't make a lot of sense to me and tim real quick. i mean, why exactly. yeah. why wouldn't accord take that into considering patient right because that is something courts are not allowed to do. they're not supposed to be engaging in election interference and really trying to figure out something to take the decision away from the wall of the people and that's the reason why jack smith didn't offer a reason he was noticeably silent on that for a reason because what elie's saying may be true for what jack smith wants. but jack smith can write that because it's totally impermissible to say, judge, we need this case done now before the election because if we don't do it before the election, then he might win that'd be totally improper and just cannot say just based on people, no one party wants this done and the other one doesn't. >> all right i want to know if senate, both political parties wants to know if one of the major party nominees is a criminal isn't that information has been brought out through the six hearings, through everything else that the voters can decide because they've seen all this. so all of that information has been out. there's another thing jack smith, why go based on his dragon that's available jack smith dragged his feet jack smith drag his feet. you got to remember i wasn't part of this case during the investigative phases. they could have brought this indictment much earlier. they didn't at the time we had mar-a-lago, which was going very fast that's a lot of activity. january 6, which was sitting there pretty much at a standstill. all the sudden, he brings his snap indictment and all of a sudden the next few weeks realize, oh, shoot, i forgot to interview a whole bunch of witnesses. the timing of the indictment is something that's control. another thing >> all right. we'll leave it there doj are >> confusion. like that? >> well, we'll leave it there with the two of you on that one. does that conversation i think it doesn't matter. it's doj >> i think that's a longer conversation. we'll have to continue another de elie, mr.. tim parlatore. thank you both very much >> thank you. >> and next, the dual at the border, the rhetoric, the promises, and biden's dare her to donald trump standby >> my best reputation is ruined. >> it's prime video. >> all my shows and movies are here. >> i feel joy i'm sick of me >> if you're like i was, you're tired of worn-out plastic mats under your office chair. they dent in, crack in their uncomfortable to roll on. i found a premium alternative i'm glass chair mat by the trazodone. i liked it so much. i bought the company. i'm george pardo, president of the draws are glass chair mats are made of super-strong glass and protect elected with a nano tech coding. so you'll always get a smooth, easy glide and their beautiful, tired of replacing plastic, i promise this is the last chairman matt, you'll need. and we give you a lifetime warranty comfort style, durability of a trostle glass chair. matt will 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bipartisan bill to help undeniable crisis out there. one most called by conservative immigration legislation in years, one that even president biden said that he would sign until republicans killed it because donald trump wanted them to. now, he didn't want biden to have a win this election year. so with that in mind, the two men, they both appeared at the border hundreds of miles apart from one another to amplify their stances on this issue. which obviously couldn't be further apart >> it's real simple. it's time to act >> this is a joe biden invasion is, is a biden invasion. >> bipartisan border security deal as a win for the american people, the united states is being overrun by the biden migrant crime is time for the speakers and some of my republican friends in congress were blocking this bill to show a little spine. >> this is like a war it's a military operation. >> so here's what i would say to mr. trump. said a plan policy issue. join me or i'll join. you. been telling the congress to pass this bipartisan border security bill >> 20 me now is democratic congressman joaquin castro of texas congressman, thanks for joining us. you heard there join me or i'll join you. that was president biden essentially daring president trump to work with him on passing the bipartisan immigration bill that by the way, trump torpedoed. so what message do you think it sends to voters that biden is essentially stretching out a hand to trump who's clearly much further to the right on immigration. and by the way some of the rhetoric today, pretty extreme yeah. >> well, first i'm glad that president biden was in texas and had a chance to visit the border and see the situation for himself. >> i'm also >> glad that he pointed out that donald trump and republicans have stood in the way, not just in the last few months, but in the last several years to any kind of immigration reform at all that said we have today more cbp agents, more drones, more surveillance, more law enforcement at the border than we've ever had before. and president biden and democrats had all have offered to do even more on border security and republicans, as you mentioned, have torpedo that. but i do think that the president has to be careful not to follow donald trump too far to the right. he's rhetoric today, donald trump's rhetoric was absolutely extreme. it was even more dehumanizing of these immigrants. then we heard in 2015 when he first came down that escalator at trump tower he has been talking about an invasion. he's talking about a war. he's making up the widespread quote, unquote migrant crime. when we know that these folks commit crime at a lower level than those of us who are native born americans. and so i appreciate that the president was in texas, that he's calling out donald trump and republicans. but also think he's gotta be careful not to give in issue that what i think right now, a once in a generation of virulent anti-immigrant rhetoric and sentiment that donald trump is pushing some of that though, is driven by the reality that there is a lot of illegal border crossing happening right now. i mean that's happening. people bowl who are in the country seeking asylum are now being sent far from the border you mentioned donald trump, and this migrant crime issue he's using examples from some recent high-profile cases, including last week's murder of a georgia nursing student this is ground that i think a lot of candidates have have tried in the past. they do it because scaring voters generally works. are you worried that this is actually something that can be effective and will be the frame for which republicans attack biden and democrats going into this next election? >> i think the politics of fear and resentment time and again, not only the united states, but in other places around the world, has shown itself to be effective. sometimes and you can try and instill fear and resentment in people. and what folks will do is take one for a few examples of immigrants who have committed crimes and imply or outright suggest that every single person is like that, that every immigrant is coming to harm americans, to kill americans. that is what donald trump is doing. and that is what has been done to other groups in this country previously and so they're trying to win elections that way. and we've gotta be careful and the media and politicians need to push back on it and tell the truth >> but what about president biden? i mean, did he ms an opportunity? by not going down to the border sooner addressing these issues sooner before it got to this point >> i've not talked to the white house about how they made their decision on timing i'm just glad he had a chance to the brownsville today. >> what about what his role is in all of this? he talked a lot about what republicans haven't done. that border bill that he discussed today is effectively dead do you think president biden has a responsibility to use any power that he might have as the executive, the chief executive of this country to do more on immigration right now >> i think that the executive branch, whether it's president biden or another president, should always look at ways that they can be helpful, whether it's an issue or another issue. and quite honestly, because the congress has been gridlocked on many big issues for awhile. we've seen presidents do who exactly that. but what speaker johnson and other republicans are asking of president biden is to reissue orders that donald trump issued, which were deemed by the courts to be illegal. so if the question is, should president biden take executive actions that were deemed illegal before? >> i mean, that's actually not the question. i mean, the question is should he take any i mean, what's the solution on the democratic side if you know, congress is not going to act. what is this president who is a democrat, who i think you believe is closer to your side of this issue. what is he going to do right now? the answer nothing or is it something? >> well and know the president should look at what he can do legally through executive actions. but what they're wanting him to do or not legal doing, what donald trump did was declared illegal. and so >> anything that he can do that is not what republicans are asking him to address. the current immigration crisis. nothing. >> well, i mean, what are you suggesting exam i mean, i'm asking you what what are the policies that are available to this president? are there any or are there not? >> no. i mean, the republicans haven't even said have not specified what exact policies they would ask him to do, except the ones that donald trump did. and those have been deemed illegal hi, congressman joaquin castro, we appreciate your time tonight. thank you very much. >> good to be with you >> next new house speaker mike johnson is having issues with his own party yet again. but this time they say that he likes energy and i believe it or not, testosterone will 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tonight speaker mike johnson decided to pass another short-term spending bill with the help of democrats. it is the third time that he's done this despite the fact fact that he got his job after members took the gavel away from kevin mccarthy for doing exactly the same thing joining us tonight, republican congressman from virginia, bob, good congressman. thank you for staying up for us tonight. yet again, the house is worked with democrats to pass a short-term spending bill. the senate has done the same it's now headed to president biden's desk what's your reaction to the fact that congress is going down this path again with another short-term extension >> well, this is a reflection on the failures of the previous speaker. we have the house majority had a stronger majority in terms of numbers. last year, a year ago, and he you made a commitment to pass all spend or bring, at least all 12 spending bills to the floor for a vote. he failed to do that. he only brought one before the last week of september. then he brought through that final weeks. so he brought in for before he was removed as speaker at the end of september, where 1 october. and so that was the breaking of the pledge that he made to become speaker. it left the current speaker in a tough situation. however, we are now some 14 months after we were given majority of control and we've still got the biden pelosi schumer policies in place and the spending levels that are bankrupting the country. and so the era of crs that don't make any change or even increase spending needs to end. we should pass a year-long cr that that's about $100 billion triggers the caps. if we run it through september 30 that were voted into law last summer with the effort. >> but how is this kevin mccarthy's fault? i mean, this speaker, mike johnson, he's been in the job for several months. he's now done this. what, three times. pass a short-term extension. how is that on? kevin mccarthy at this point? >> well, literally by the time speaker johnson was elected speaker at the end of october, he was a month after the deadline for all 12 spending bills to have been brought to the floor for a vote when only four had been brought to a vote before he became speaker. so my point is that he inherited a difficult situation that we should not have been in when it became speaker however, we should not have been passing vcrs. i voted against all of these sees, all the rs of course. i've condemned or criticize this currency are that we should have done a cr that goes through september 30. all republicans should have voted for that. we should have sent it to the senate with border security attached to it. and then if the senate want to shut down the government rather than later at the caps go into place that they voted to approve. and in president signed a year ago and they refused to secure the border. let that be on the center of a shutdown the government. >> so some of your other colleagues are not quite as patient as it sounds like you are with the current speaker. chip roy and matt gaetz both accused mike johnson of punting and kicking the can down the road and in their words acting as if republicans don't have the majority. in fact, gaetz said, all republicans offer is quote, low energy and low t. t stands for testosterone. do you agree with anything that they said there? >> well, i do agree with those statements and that's why i said i i voted against the cr. we shouldn't and the cr we shouldn't be passing major spending legislation was predominately democratic votes. they would never do that if they had the majority have you ever have done that when they've had the majority? so i believe that is a failure for us to continue to do that. and again, i would not have brought this bill to the floor. i would have sent the senate something that triggered again the spending caps, $100 billion in savings if he did a cr through september 30. and i would have attached hr to our border security provision for president says he wants to secure the border. laptop, haven't tell chuck schumer to pay pass our bill. >> so congressman look, mike johnson now has done there's pass the cr with democratic support three times. kevin mccarthy did do it once is the speaker's job in jeopardy? >> well, the precursors to the pleasure of 218 members, the only people that i hear talk about him not serving that capacity. our media members who asked me that question almost every today. but i am confident that if the previous speaker was here, we would have already done an omnibus or the end of the year, like like what happened two years ago or a year? before that, i should say so again, we should not be we need to cut our spending when you do a full year cr through september 30, we need attach border security to it. i would also attach funding for israel paid for and fisa reforms that protect americans constitutional right. that's what i would do. that's what the speaker should sounds like. that's why i voted against the cr today. i spoke, on the house floor and the debate before the vote against the bill, just along with side my colleagues that you've mentioned, chip roy, matt gaetz. >> sounds like it sounds like what you're saying is no, he's not job is not in jeopardy as of right now. you and your colleagues doesn't take very much a view to put it on the line, are not willing to do that at this moment. is that right? >> well, i didn't flippantly or cavalierly talk about removing the previous speaker before that action took place. and i'm not flippantly or cavalierly talking about it now, the speaker again serves a pleasure to an 18 members as long as he has his word to 90 members, hill we the speaker. i'm not aware that anyone is planning to try to remove him as speaker. however, this job is performance base is not personal and we need to begin to start delivering wins for the the american people. the majority that we have, the senate has require 60 votes to advance legislation. they've only got 51 democrats. we can pass our legislation with a simple republican the majority we ought to get at least half of what we want in a negotiations with the senate. unfortunately, we've not been doing so. however, i'm encouraged with the recent resignation of the democrat money now already leader, mitch mcconnell and no, i didn't misspeak there. but who was working with chuck schumer against mike johnson as the speaker of the house. i think we're going to get a new leader in the senate sometime in the next few months, which will be a more conservative leader that a better work with our house majority. >> what what happens if the senate picks one of the johns barrasso, cornyn or through and to replace him or any of those names acceptable choices to you. >> why would love to see someone like rick scott who challenged mitch mcconnell most recently? i think you'll see more senators willing to vote for a conservative option. someone has to get 25 votes if the republicans have the majority, or actually with a 49 votes right now so let the minority leader, so i'd like to see someone like rick scott. i think mike lee, ron johnson ran paul, ted cruz or also will be outstanding candidates. but the center is going to do it the center is going to win. do unfortunate, i don't have a vote on that >> all right. congressman bob. good. thank you. we appreciate you answering our questions tonight. >> thank you. >> next on newsnight, tonight's op-ed s e cupp is going to tell us her take on the state of today his republican party and >> alternative to pills volterra. is a clinically proven arthritis pain relief gel which penetrates deep to target the source of pain with non-steroidal anti-inflammatory medicine directly at the source, volterra and the joy of movement >> when you buy or sell your car, exactly how you want with car gurus, you might begin to wonder, what if you could do things your way all the time >> some do come true >> get your car, your way, get it with gurus 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has a few words in tonight's op-ed, just a few words. >> so let's just >> call them the no solutions party. republicans have gone from pushing limited government to no government at all. it seems today's gop lawmakers seem utterly convinced that among their many expectations as members of congress, solving problems simply isn't one of them. division, purity tests, owning the libs keeping their base angry and afraid, prostrating to former president donald trump, unleashing the culture wars and getting reelected are just some of the things that republicans have decided are far more important than governing on immigration. republicans infamously just passed on a bipartisan deal that would have given them more than they've ever i've gotten on border security, including things that they've insisted on an urgent matter of national security. after trump's supreme court overturned roe v. wade, republican lawmakers had no plan for addressing the reproductive health concerns of millions of women and families and now as that ruling also threatens to throw ivf access into a state of limbo. republicans still have no answers other than fend for yourselves on gun violence. republicans have blamed everything but guns to avoid bringing any real solutions to the table. on climate change and issue which many younger republican voters are worried about. gop lawmakers are more interested in removing the issue from federal oversight completely rather than on any solutions that the public sector might be able to offer. now we can blame trump for a lot of this, but the party is now responding to voters that just want their grievances amplified being angry at the problem. and explicitly not solving it has become the republican party platform. it's a strategy that hasn't resulted in many electoral wins over the past few years. but in running trump again and digging in their heels, it seems the no solutions gop is tripling down on its commitment to proudly do nothing well, i see first of all, i buy it. how does that track how you ever i mean, it hasn't been huge electoral wins for republicans, but it hasn't been a full denunciation either. i mean, this is a 50, 50 country sales. this presidential race is virtually tied. if voters were punishing republicans for it, would we see that they're not, and that's a really important point. you can blame the gop and they're intransigent, intransigents, they're responding to their voters. their voters are not demanding solutions to problems. >> if you look at >> someone like marjorie taylor greene, right, georgia, what's your claim to fame? impeaching joe biden, 7,000 sometimes you look at matt gaetz, florida. what's his claim to fame >> ousting kevin mccarthy. >> how is this serving? >> their folks at home in their districts and get the folks at home in their districts are not demanding better. like i said, they want their grievances amplified, but they're not demanding solutions for them. >> so what will it >> take for that to change? i mean for actual issues to be on the table for actual solutions, for actual compromise, which by the way is required if you are going to get things done. >> yes. i mean, compromise. that's way too lofty goal at this point. at this point, what voters need to start demanding is solved some problems for me at home. >> and the >> immigration battle is a perfect example of republicans screaming about a problem, a real problem, by the way. and rightly concentrating on it for years, months. and then when given the opportunity to solve it, they punch, they pass on it because it's too politically profitable to leave things broken. it's really disappointed. yeah, i mean, look, but is there a structural problem here? we were just in the break talking about the new york race. tom okay. if if there were more districts where both sides had to actually fight for the actual middle? >> yes. >> what would happen in there's there's that that's great. there's the problem with redistricting is i think serious, but there's also the primary problem. the primaries don't draw a lot of middle of the roads. the extreme voters when out to the extreme by nature? yes. and listen, this problem is asymmetrical. i'm not both-sidesing, but i do we want to say on the left, democrats for a long time pretended that the economy, the border and crime were all fine. and it's only recently that they've started to realize no, these are problems and we need to start talking about them. that's a different thing. republicans are fetishizing inaction. they're absolutely fetishizing not governing because that's not what they're there to do, is also a question about like are republicans talking about reality or things that are not real? like, was the election real? and by joe biden won or was it not real? some of that belongs in the category of just whether it's grievance or whatever you want to call it, it's not actually talking about the things that affect people's lives. it's outrage and keeping if people angry and afraid has become the bread and butter. and as long as they're angry and afraid, which they'll stay if you don't solve problems, then they're going to line up to vote for these figures. so it's sort of a cycle that kind of never-ending vicious, vicious cycle. and s e