ramos. in for alicia menendez. as we begin new hour, the humanitarian crisis and gaza -- and update on the strip's largest hospital. it's a tire. as president biden delivered his putt for for peace. plus, donald trump it is still on colorado's bullet but the judge says he participated in the insurrection. but that doesn't disqualify him under the 14th amendment. and elon musk threatens to sue media matters for its reporting on him. we'll talk about that. plus, what's the problem with periods? the director of a msnbc, film periodical, is here. this is american voices. ♪ ♪ ♪ >> but we begin with the effort to rescue more than 200 hostages kidnapped by hamas six weeks ago. today, israeli prime benjamin netanyahu says there is currently no deal to release them. netanyahu updated israelis during a news briefing in tel aviv. a week ago, netanyahu told nbc news there could be a possible deal with hamas. but earlier today, thousands of israelis marched into jerusalem, demanding their government to more to release the hostages being held in gaza. also today, in tel aviv, in a separate protest, israelis demanded a cease-fire and long term solutions to secure peace in the region. netanyahu maintains a temporary cease-fire will only come after hamas releases all the hostages. this video, you can see right there, in gaza city today, shows people leaving al-shifa hospital. that director of gaza hospital system claims israeli army ordered people to leave, but the israeli army denies it forced people out. only a few daughters stayed behind to treat patients who were too sick to leave. the hamas-controlled government says, around 12,000 people have died in gaza since the start of the war. meanwhile, president biden is laying out what he called basic principles to reach peace in e region. biden writes, in the washington post, and i quote, to start, doesn't must never again be used as a platform for terrorism. there must be no forceable displacement of palestinians from gaza. no occupation, no siege, or bloc and no reduction in territory. and after this war is over, the voicesf lestinian people and their aspirations must be at the center of postcrisis governance in gaza. nbc news correspondent jay gray kicks off our coverage in tel aviv. >> paola, thou zones joined the families at the end of the five-day march from here in tel aviv to jerusalem, demanding there be some type of deal to release more than 200 being held hostage in gaza. tonight, prime minister benjamin netanyahu said negotiations are continuing. but that to this point, there is been no acceptable offer from hamas to make some type of deal. all of that while the idf is expanding its footprint on the ground in gaza. moving more to the east and to the south. we know that much of the fight and now is some of the dense urban areas. we have seen airstrikes to the south, and that's something they say that's going to continue. what the idf has said repeatedly, over the last 24 hours, is that a lot of missile launches are coming from the south of gaza. so they're going to find those positions and eliminate them. according to those armed the ground who are working here. we also know they have really put out an urgent call for civilians to exit the area near or -- they say that area is one they had been working on over the last 24 hours. there have been airstrikes here, a lot of people in that area. so they're urging people to move to the south. but as they move to the south, we should also point out as their movement continues that way, they're urging civilians on the ground to, i'm quoting here, stay out of harm's way. that the latest from here in tel aviv. i'm jay gray, paola, back to you. >> thanks so much. joining me now is aaron david miller, a former analyst at the state department, now a senior fellow at the carnegie and government for international peace. aaron i want to stop with president biden's op-ed, his words, what do you make of them? and more than anything, what a lot of people are trying to understand is that unique goal the united states can play in this moment. how do you analyze that? >> i think the president is up against really formidable odds. first of all, you have a humanitarian crisis in gaza which is already reached catastrophic proportions. half the population, 1.1 million people are displaced. you have got disease, serious malnutrition, and winter is coming. and gaza city, where the israelis are now operating used to be the home of 1.1 million palestinians. it may have a quarter of the population right now. israeli military campaigns going to continue, and my take away from the op-ed, i know the administration's trying to create a balanced frame here. i think the president genuinely does feel and is respondent to the horror of what's happening to ordinary humans, have no relationship to hamas whatsoever. but the take away from that op-ed is he's going to continue to give the government of israel the time, space, and support it needs to destroy hamas as a military organization and i suspect try to end its sovereignty and gaza. that frame, which he created on october 10th, in a powerfully emotional speech, in the wake of the hamas terror surge, i don't think has changed. so right now, he's not really pressing the israeli -- nor is he critical isn't military tactics. >> but what he is calling for still as a two-state solution, right? he's still very clearly colin for that. we know that can happen overnight. what part of the different steps at this point that need to happen before that's even a viable option? >> if you strip it all away, the reality is, what you need in order to create the right environment for negotiation, leading to a conflict ending solution, the least bad option is to states. for its leaders. you need a palestinian leader and an israeli leader who are martha's author politics, not prisoners author ideologies. you need leaders who are prepared not because of external pressure but because it's in the best interest of your people and their children and their children's children to create a bitter pathway for israelis and palestinians. and i'm telling you, you look around and those leaders are not there. i participated in most of the negotiations between israeli and palestinians, particularly at camp david, 23 years ago. this past july. the gaps are huge. but in order to have the remotest possibility of working this through, you really need leaders. president biden need partners. without those partners, it will be extremely difficult for him to make much headway. >> i think one of the reasons why the president felt compelled to write this op-ed is because of the backlash he's received from the own members of his administration. we know more than 500 political epstein case signed a letter protesting president hawkins israel policies. what was your reaction to that? >> i had 25 years at the department of state. we went through many crises during those 25 years, but never have i seen this sort of internal reaction. not just from the department of state, from congress, staffers, and even from the white house. it's as if the administration is, sort of, mediating its own israeli palestinian conflict. i think the blood is up. people are in their corners. there is a certain incomprehensibility in the wake of the catastrophic humanitarian situation in gaza. and i think that's what's motivating so many people. they want a tougher response from the biden administration, one that's much more balanced, and they want, clearly, a cease-fire. which everybody would want. however, that cease-fire needs to be tethered to that release of hostages, at a minimum. because otherwise, it is just a temporary pause and it won't address the underlying problem. >> aaron, before we go, very quickly, what is the one piece of advice you could give president biden right now, given the amount of years you spent at the state department. >> the president said, there is no return to status quo after october 6th. that's a huge commitment. mister president, if you can undertake this, you have really got to stay with it. this is not for the faint hearted. no one's going to plant a tree in your honor effuse exceed, but it's worth the effort and he really ought to take it on. >> aaron david miller, sank you so much. really appreciate it. another big development, a colorado judge ruling donald trump, and i quote, engaged in insurrection. but, even though i just said, that they rejected a bid to remove trump from the 2024 ballot. the judge decided, the 14th amendment doesn't apply to trump because the wording does not specifically mention the president. the nonprofit behind a lawsuit to remove trump from colorado's ballot plans to appeal, and in michigan another bid to block trump from running is heading to the state supreme court. with me now is chris mattei, former federal prosecutor and partner at the costco of law firm in connecticut. thank you so much, chris, for being with us tonight. i want to first get your reaction from the colorado judge. what is the first thing that went on in your mind? >> the most stunning revelation from the courts. over 100 page ruling. it concluded that trump engaged in insurrection against the united states. the court went through a lengthy analysis as to what the founders meant when they described insurrection and concluded that trump had engaged in the force or threat of force to interfere with the execution of the laws. so to see a judge conclude that former president all of the united states did, that is stunning. it's also true that the judge concluded that even though president trump had engaged in insurrection, the 14th amendment of united states the, according to this judge is reading, does not apply to former presidents of united states the. the text of the 14th amendment essentially says, anyone who's been caged insurrection against the united states, or his previous to take an oath to support the constitution of the united states, might no longer hold public office. here the court concluded that the president is not among the officers that amendment applies to. also the courts it was, it's mindful that wore it to rule otherwise, it would result in the disqualification of a candidate for president of the united states. the court essentially invited an appellate court to review the decision to decide whether or not the 14th amendment could stop donald trump from being a candidate for president. >> that's what's interesting. perhaps donald trump is smiling today, but you have people like a scholar laurence tribe. try vorkuta the colorado judge actually handed down a defeat for trump. take a listen to what he said. >> she threw him a lifeline, it was so thin, so threadbare, so likely to fall apart. that although he could claim victory, no appellant court could uphold putting him on the ballot on the basis. >> so where do you see this case going? >> it seems right. the judge essentially construed the 14th amendment, which prevents somebody who has engaged in insurrection, who's previously been an officer of the united states, from holding office. she concluded that the presidency is not an office of the united states. so i agree with professor tribe, that seems to be a bit of a tortured rating that, if it is true, that he engaged in insurrection, and epilepsy courts gonna have a hard time overturn that factual finding. it seems that president trump, under the 14th amendment, is not eligible to be a candidate. the appellate court could have the same reading as the trial judge, are we going to prevent a leading candidate for president of the united states from being on the ballot? if the constitution broke it, that's what they have to do. >> speaking of the insurrection, there is so much here. but of course, trump also asked to remove references from the capital insurrection on his indictment -- what to try trump to censor his own -- what the strategy there? >> look. i think trump is very concerned he's going to be tried in the district of before a jury who witnessed the events of january 6th. firsthand. and so it's really not surprising he's going to try and limit his involvement in this offense anyway he can. but checked smith's indictment makes clear that although trump is not charged with inciting insurrection in the united states, he is alleged to have been a cause of the violence on january 6th, which is the same finding that the colorado judge we were just mentioning made. so, it seems to be a, kind of, futile effort to try to disconnect himself from the efforts of january 6th, but it appears that's what he's trying to do. >> chris mattei, thank you so much. really appreciate it. next, the potential breakthrough in the fight against fentanyl. president biden and chinese president xi, coming to agreement this week to rest across. this and my reporting of what working with china on this is vital. plus, advertisers flee x after its owner elon musk endorsed and antisemitic tweet. musk also threatening to squash the, group media matters. the president joins us ahead. but first, richard lui with the other big stories off tonight. >> good evening. former first lady rosalynn carter ended hospice care. the family made the announcement friday, saying she and former president jimmy carter are spending time with each other and three family at home. president carter has been in hospice care since february. taylor swift canceled her concert in rio de janeiro tonight due to extreme heat after a fan died at last night show there. swift saying the safety of her fans, performance, and crew come first. a 23-year-old fan died of cardiac arrest in 100-degree heat, friday. friends complain about elect of available water. and spacex can an unmanned test launch of a distortion mega rock this morning, with mixed results. companies-ing it lift off to a separation, successful. before i lost contact about ten minutes into the flight. spacex says, the craft likely self-defense native. they're working to determine wry. more american voices after this break. after thi break. jen y. and jen z. each planning their future through the chase mobile app. jen x is planning a summer in portugal with some help from j.p. morgan wealth plan. let's go whiskers. jen y is working with a banker to budget for her birthday. you only turn 30 once. and jen z? 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