house judiciary committee pressing him on his five-year investigation into hunter biden and his overseas business interests and we'll have more on that straight ahead. but first. election day in america. you might not have one but there are elections happening in several states and several high-stakes races we're watching including virginia where every state, senate and house seat is up for grabs. republicans are looking to take full control of the legislature and implement a conservative agenda fully. welcome to a new hour of "america's newsroom," i'm dana perino. a busy hour. >> bill: yes, it is. i'm bill hemmer, good morning at home. we're watching a number of other critical contests. voters in ohio will decide whether or not the right to abortion should be enshrined in the state constitution. a high-stakes gubernatorial race in kentucky. governor beshear the democrat is fighting to keep his seat there. >> dana: virginia is being seen as a big test for governor youngkin. he tries to flip the state back to red. >> we see a real chance to get virginia into overdrive in a state that was lost just 24 months ago, all blue, has taken a right turn. we have to finish the work today by holding the house and flipping the senate. [cheers and applause] . >> bill: we have live coverage now. bret baier joins us with analysis in a moment on a democratic party that appears to be in disarray. first bryan llenas is in miami where presidential candidates are looking ahead to 2024 already. here we go. bryan, good morning to you as we begin a new hour. hello. >> bill and dana, good morning. the trump campaign says iowa governor kim reynolds endorsement of ron desantis quote won't make a difference comparing it to a hail mary pass at the end of a game. last night at a rally in des moines, iowa reynolds endorsed desandt and took a shot at former president trump. >> we need someone to put this country first and not himself. someone who most importantly can win. and that person is ron desantis. [cheers and applause] >> reynolds says she does not think trump can win a general election. she says the last time she spoke to trump was when he called asking her for an endorsement. the former president has a 27-point lead in iowa according to the latest demoines register poll. desantis and haley are tied for second. >> i think much more fluidity than what some of the national media wants to do. i think the people on the ground here see that there is a lot of people who just have not made a final decision. >> haley has risen as a real challenger in the fox news power rankings. in a new memo this morning the desantis campaign is specifically calling on haley drop out of the race calling them spoilers that will increase the odds trump wins the nomination. other candidates are really targeting her as well ahead of wednesday's debate in miami. senator tim scott calling her too moderate. vivek ramaswamy says haley will start world war iii. the biden/harris campaign is having a press conference on maga extremism coming after the new polls show that trump would easily beat biden in a rematch in 2024 and fresh calls from democrats for biden to not run for re-election. >> bill: thanks, bryan. a lot to chew on there. thanks in miami. >> dana: let's look at the democrat side of things. headlines sounding alarm bells over president biden's re-election chances. it reads joe biden is in trouble. let's bring in bret baier, anchor of "special report." what's the buzz in washington, d.c. about the biden campaign chances? >> good morning. it's five alarm fire in democratic circles. it is not just a whisper, it is now a full on conversation that is happening and it's not just "the new york times" poll, other polls have tracked that. inside "the new york times" poll is tough numbers for the president. one african-americans, black community going to the former president head-to-head to 22%. that's a big number for any republican. and then you look at who thinks president biden is too old? 77%. >> bill: that's daunting. you wonder what the fed does over the next 12 months? if there is a chance in the next quarter they start lowering rates, maybe the stock market gets more juice and the economic picture changes over the next six months. le. when you look at the numbers economy double digit for republicans. a year out from the 2022 mid-terms when every major outlet predicted a grim forecast for president biden. the red wave wasn't a giant tsunami. you can gauge by the amount of media reports that gave it the treatment prior to the vote. so now you've got this question. >> today will tell us something. today will tell us something because of the abortion stuff. >> bill: karl was with us last hour. we were trying to figure out if biden steps away, what does kamala harris do? it's not like you are just interchanging one candidate for another. this would be another tsunami, if you allow me, within the democratic party. i don't know how you see that. >> first of all on the first point, we'll find out today if the abortion question is really going to be as powerful as it was in 2022. that's one thing that some of these states that comes up, ohio, virginia because of glenn youngkin and what he wants to do with 15 weeks. but to your bigger question, what is the path for president biden and vice president kamala harris? if you are talking about a full change, that has to happen fairly quickly, otherwise you have to have a brokered convention, democrats have the mechanics to do that. they have super delegates and a lot more behind the scenes organization than republicans do on that front. you are talking about a major, major sea change happening in just a few months. >> dana: "new york times" poll showed trump leading in 5 of 6 battleground states and even though i know that biden campaign says our fundamentals are strong and obama was this far behind, when you have someone like david axelrod, who was obama's senior advisor. in a lot of ways people imagine he probably still in some ways speaks for obama. not directly necessarily but if you are a democrat and you see david axelrod saying that, it has to give you pause. i wonder about that in terms of their ability to fundraise? >> yeah, listen, david axelrod has been critical of joe biden before. he was critical of him when he was vice president. he was critical of him when he was in the debates. one time calling him mr. magoo but he speaks from a place of prominence inside obama land. when he says that, it means something. i think you are seeing more and more democratic pundits saying something similar. when you have somebody say there is no path forward for president biden, i think that's a little aggressive right now where we are. but they are in trouble and they know it and they will start really trying to dig out. >> bill: one last point, bret. the biden family goes to nantucket every thanksgiving when they have the family conversation about the future. i think for the sake of this conversation, i believe biden is going to run. that's my feeling today and i want to get a gut reaction from you on that. >> i think i agree with you, bill. if i had to do my own day at the casino i would put 70/30 on biden running. the fear is in his mind that he is the only one that can beat donald trump and he believes if he steps aside someone further to the left maybe comes into that spot. i don't know. >> dana: i'm giggling a little bit because i have a wager with jess watters on the five about thanksgiving, the bidens and the week after. >> bill: everyone is playing casino. >> dana: more to be discussed. see you on "the five" as well. >> bill: thank you, bret. [gunfire] >> bill: that right there is some of the latest action in the gaza strip. this hour israeli forces getting ready to enter gaza city in gaza after encircling the capital. they rooted out an extensive network of underground tunnels. mike tobin brings us more information as the sun sets. >> one of the remarkable things we see is rocket fire coming out of gaza happens on a schedule. it happens right at the top of the hour. we just saw that as we hit the 5:00 hour here, barrage went north in the direction of tel aviv. here we are one month into the war, is lease are engaged in come bass. gaza city itself is surrounded. the kind of combat we're seeing is that the israelis are taking ott structures sometimes with explosives or heavy equipment. the big shovels and d-nine bulldozers. weapons they're seizing range from rockets to guns and something we haven't seen in action for a while, some 400 bomb belts. the bombs for the suicide bombers. meantime in the town behind me, the soldiers are locating tunnels. the entrances of the tunnels oftentimes protected by houses, israelis will take out the house and blow up the entrance to the tunnels. you have hundreds of thousands i guess i should say of palestinian civilians trying to evacuate from the north of gaza strip to the south of the gaza strip. 2,000 on sunday, 5,000 yesterday. something remarkable we saw today. they emerged from homes waving the white flag of surrender as they went south using donkey carts or on foot. they have tales passing dead bodies on the road. israeli armor and passing live fire. when they get to towns in the middle of the gaza strip below the evacuation line, the u.n. agency that deals with the palestinians says their shelters are overwhelmed now with more than a half million people staying in shelters. the evacuees are left to sleep on the street. bill. back to you. >> bill: thanks. southern israel. we're now on day one of the second month of this war. thank you, mike. nice to sigh. dana. >> dana: back in this country. in indianapolis a woman rammed her car into what she thought was a jewish school. she drove into a building used by an anti-semitic group. casey steel has more. >> she is scheduled to make her first court appearance tomorrow. she has been charged with criminal recklessness after she allegedly backed her vehicle if into what she thought was a jewish school last friday because of signage on the exterior that included a star of david. turns out the building is used by an extreme sect of the black hebrew israelites which the southern poverty law center identifies as a hate group. the anti-defamation league says they are anti-israel and anti-semitic. they told police she was watching coverage of the israel/hamas war on television and decided to plan an attack on the building. court documents show the woman openly and verbally admitted to committing the hate crime on her courtesy phone call from jail. there were people inside the building at the time of the crash but no injuries. the indianapolis jewish community relations council released a statement which reads in part i'm quoting here, although a jewish facility was not targeted solely due to an ironic misidentification, this is another reminder to maintain security protocols, remain vigilant of suspicious activity, and to report same promptly to the appropriate authorities. police there in indianapolis have asked the f.b.i. to assist with the investigation. dana. >> dana: casey stiegel, thank you. >> our system is being exploited by cartels and people from around the world are answering ads that are on tiktok and messaging services saying i can get you into the united states if you pay me enough money. >> bill: that's a scary thought. oklahoma senator james langford there. security concerns growing over a shocking surge in known gotaways at the southern border. could terrorists be among them? >> dana: former president trump takes the stand in the sieve fraud lawsuit against him in new york city. he asked for a jury trial saying the case has no merit. what is next? trump lawyer habba coming up with more on all of that. which hotel? ah! did somebody say “which hotel?” i'm great at this. dance to your faves in the spa-like bathroom! or enjoy local craft beers, with breathtaking views at the cambria. ♪ with fastsigns, create custom graphics that get tails and tongues wagging. ♪ fastsigns. make your statement. i'm sarah escherich, i'm the life enrichment director at independence village, the senior living community in waukee, iowa. everybody here really, really make you feel like family and that they love you. our goal with tiktok was to enrich the lives of our residents and just to be able to show people what senior living can be like. i think i am a tiktok grandma. my kids think i am. i mean, we're the ones that are being entertained. time goes faster when you're having fun. veteran homeowners. are you applying for a car loan? 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make gold your new standard. call rosland capital today at 800-630-8900, 800-630-8900. that's 800-630-8900. >> dana: looking at capitol hill in washington, d.c. many families have gathered because they are going to be joining some members of congress to talk about their families, loved ones who have been taken hostage by hamas. they don't want anyone to forget about them as this conflict rages in israel against hamas. so more of that as we have it when they get started. >> it's political warfare as you would call it. i got a lot of names for it. it usually takes place in third world countries and ban -- >> court is off today. lashing out at prosecutors after his testimony on the stand in the civil trial against him. ms. habba is the lawyer and spokesperson. let me try to characterize it the best way possible trying to forecast what's next, okay? you've been asked many times why are you being tried by the judge, why not take it to a jury? based on new york law, make sure i got this right, a consumer protection statute that denies the right to a jury, correct? that's why it's before a judge, is that correct? you don't need to applaud. >> that's accurate. >> bill: if that's the case and you this i the judge already pre-ordained his verdict before -- >> we don't think, we know. >> bill: even before witnesses took the stand you'll be found guilty on behalf of the judge. what happens on appeal? do you go before another judge or is that the point by which you could have a seated jury in a city that voted 8-1 democrats? >> there are so many things to unpack. number one if we had a jury who is to say it would matter in new york. i've tried cases for the president in new york in front of juries and it doesn't matter. you are right, we don't have the option. it is equitable relief. another reason we didn't have the option, this liability was pre-determined through a motion before the trial. he found us summarily liable said we committed fraud, the trump organization and defendants committed fraud on their statement of financial condition because they were too low. in many instances they were undervalued. it didn't matter. this judge didn't hear an expert or nothing. what we're doing is making a record. there is no question whatever happens here liability has been found. we are in a damages trial and a waste of money. he likes the show. we can see, letitia likes the camera. >> letitia games is the attorney general in new york. >> unfortunately. we're continuing our record and take it on appeal to a bench of panel of judges. and the appellate division i would like to think is more fair. >> bill: a bank of judges. is that 3, 6, 9, what is it? >> usually three, the panel changes. >> dana: so how quickly could that happen? >> we've been in the appellate division and won there on some instances. ivanka trump testifying tomorrow is technically not in this case and the judge was told that the statute of limitations needed to be a reasonable statute of limitation else but he is ignoring it and allowing evidence in from as far back as 2011, imagine. there is a real disregard for authority here and a real primary focus on politics. that's what we're seeing in the courtroom. >> bill: so there was -- we read the transcript. we were live on the air yesterday. i found it fascinating the back and forth and what the former president said is you ruled me to be a fraud before you even met me or heard my story. the judge said at one point i'm not here to hear what he has to say. how do you use that effectively when you get before the next bank of judges? >> i won't give you our strategy. when i said to him you need to let my client finish speaking he was cutting him off every time there was good testimony and testimony that explained how ridiculous this is. you have to understand, real estate is not simple. real estate is complicated. this is the real estate icon. who is bigger than donald trump? and you sit there and trying to challenge him it is not going to work. he will explain it to you. he didn't like the explanations. he was cutting him off. i said your honor, you knowed to let him speak. let my client speak and the judge said i'm not here to hear him speak. okay, it's on the record. as a lawyer you have strategy and you take things, those i'll keep to myself. we'll proceed as we should. >> dana: listening to one of our employees here who was in the courtroom yesterday and she used to work at d.o.j. one of the things she said that is pretty unusual letitia james is in the courtroom sitting in the back as if there is nothing else on her docket she needs to worry about. >> that's accurate. she is only there more importantly and more tellingly on the days there is heavy press. she doesn't come to court every day. she is frankly never put a statement on the record in court. i'm not really sure if she practices. but she definitely manages her p.r. and not very well if i may say. that's what she is doing. >> bill: ivanka trump is on the stand tomorrow and your turn by the end of the week. >> courts are closed friday for veterans day. thursday we'll be making our motions relating to some biases we've seen in the courtroom. some biases we've seen and haven't been able -- >> bill: how much of your hand will you show next week or will you save it for the appeal? >> i think thursday we'll show a lot. we have to make a record. a big motion day where we'll outline how there is no case and how there should be a mistrial and directed verdict and moving on from there we'll be able to put our case in chief on. everybody needs to remember this has been just their case and we haven't been cross examining thoroughly or doing any questions of the witnesses because we look forward to putting our case on. that will be -- >> bill: the next case is after this. >> carroll, january 6th. we have so many. >> bill: we'll get a flow chart together. >> don't worry, i have one. >> dana: great to have you. >> thanks. >> dana: house judiciary committee darrell issa spoke to us about special counsel david weiss answering questions in a closed-door interview about his investigation into hunter which has taken five years. david spunt live in d.c. with the lates