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right now from the supreme court this morning. retired associate justice of the supreme court sandra day o'connor has died at the age of 93. she is a trailblazer in so many ways. she was the first female member of the supreme court. our ken dilanian is joining us right now with more. ken, what do we know? >> we are just getting right now a statement from the supreme court announcing her death. the first woman ever appointed to the court, appointed by ronald reagan. the statement said that she died of complications related to advanced dementia, probably alzheimer's, and a respiratory illness. again, she was 93 years old. justice o'connor was appointed to the court by president reagan in 1981, and she retired in 2006 after serving more than 24 years on the court. she's survived by her three sons, six grand children, chief justice john roberts said the following about justice o'connor in this statement from the court. a daughter of the american southwest, sandra day o'connor blazed a historic trail as our nation's first female justice. she met the challenge with undaunted determination, indisputable ability, and engaging candor. this is chief justice john roberts in a statement. we at the supreme court, he says, mourn the loss of a beloved colleague, a fiercely independent defender of the rule of law and an eloquent advocate for civics education and we celebrate her enduring legacy as a true patriot. >> thank you for bringing us that breaking news. now we want to go to laura jarrett with a look back at sandra day o'connor's life and legacy. >> keeping a campaign promise to put the first woman on the supreme court, ronald reagan nominated sandra day o'connor in 1981. the daughter of an arizona rancher, she came highly recommended as a conservative, sounded like one during her confirmation hearing. >> my own view in the area of abortion is that i am opposed to it as a matter of birth control or otherwise. >> reporter: as a justice, at first she criticized the roe versus wade abortion ruling but later joined the majority in a series of cases upholding abortion rights in the '90s. as the first female justice, her every action was scrutinized. tension she would later say was intimidating. >> it's thrilling in a way to be the first to do something, the first woman to ever serve on the court, but it's dreadful if you're the last, and if i didn't do the job well, that's what would happen. is. >> reporter: during her 24 years on the court, o'connor became less tied to a single judicial philosophy. she was sometimes with the conservatives approving taxpayer funded vouchers for students at religious schools, voting to end the 2000 florida recount between george w. bush and al gore, and advocating for states' rights against federal control. >> there is a role that remains for the states, and i am a believer in that designated role. >> reporter: but she joined the court's liberals in upholding affirmative action in college admissions creating more congressional districts with african american voters in the majority and keeping a wall of separation between government and religion. o'connor was a frequent guest at washington social events often dancing with her husband john and met with student groups, especially young women around the country. but at age 75, she abruptly announced her intention to step down for health reasons, not hers but her husband's. she became an advocate for medical research. >> my beloved husband john suffers from alzheimer's. he's had it for a long time now, and he's not in very good shape. >> reporter: john o'connor died at age 79 in 2009. she remained active urging states to do away with elections for judges, which she said made the courts too political. sandra day o'connor was a pioneer, the first female justice who held the court's center for more than a generation. laura jarrett, nbc news at the supreme court. >> and now i want to bring in nbc's andrea mitchell by phone. andrea, we just took a look back at her life, it's obviously tough to summarize someone who has done so much in her field and in this country in a short amount of time. what do you think she'll be most remembered for? >> i think her legal legacy as well as her role as the first woman on the court. she was very close to ruth bader ginsburg. i recall two weeks after ruth bader ginsburg lost her beloved husband marty, i was at a dinner for sandra day's birthday party. it was her 80th in aspen, colorado, and ruth bader ginsburg was there with her grandson, and somewhat surprising to some people, but those who knew her well knew that she was not going to change anything. it was so remarkable that she spoke about sandra day o'connor and told what an influence she was, what a mentor she was, how important it was and how in her first year when the chief justice assigned her first majority opinion, she, ruth bader ginsburg was panicked over it, and went to sandra day o'connor for advice, and sandra day o'connor told her -- imitation of her very distinctive voice and said, just put one foot in front of the other. just do it. do it. and it's that encouragement, that sisterhood that she reached out it someone of a completely different background and ideology, the werner versus the new york city ruth bader ginsburg and different religions, different backgrounds. she became very close. it was, i think, to her regret, you know, she did her duty herself in stepping down when she felt her husband for whom she was a caregiver. he came with her to the court, and advanced stage of the alzheimer's and she stepped down before she was ready to because she thought that justice rehnquist would still be there and then it was to her regret, or a lot of her friends' regret that she had because he then had his health issues and stepped down. she could have stayed. she was doing it for reasons of giving a republican president a chance to appoint a successor. and then according to her close friends, she herself had suffered from alzheimer's, but another great tragedy. she was first in her class at stanford law, couldn't get a job as a woman lawyer, so had to be basically a legal clerk sitting in a secretarial role in the outer office of the california law firm. she and rehnquist knew each other in law school and, in fact, what we later learned from diaries that were revealed that they actually -- that he actually had a huge crush on her and even proposed to her. she wrote, you know, movingly about the ranch, the western, her role as a rancher, her memoir, her children's books, i served on a board with her, at colonial williamsburg, she was just a remarkable person, and then in her retirement worked on several education, legal education historic, you know, education for all students. she was just devoted to america and was such a pioneer. let me say also, was a very big deal. i was assigned to the correspondence with nbc to go to reagan national airport by nbc, we followed her every step of the way. she dealt with that -- really she was just thrown into it. i can't overstate what -- how important it was to be the first woman and remember the way she dressed with the ruffle -- her ruffled neck collar outside of her gown. she did everything to show that she was the first woman. >> she broke that huge barrier here in the u.s. become k the first woman to serve as a supreme court justice. i just have to note, andrea, it has been quite a week of losses of people who have had incredible impacts in the direction of this country from rosalynn carter to henry kissinger and now sandra day o'connor. >> absolutely in different ways all shaping american and really world society, you know, in different ways. leaders, you know, two women from very different backgrounds rising to roles and becoming hugely important in every aspect of society. one other thing is some of the legal opinions and you know some of the court decisions that she participated in, she was such a critical vote on that court. moving in a lot of different directions as justice kennedy had and the court as we now have it is so partisan and divided compared to what it was like in those days. >> yeah, i was thinking about that too, and what a change in times we've all been experiencing, especially in more recent years. she authored 676 opinions in her career, and she was on the court, the supreme court for 25 years from '81 until 2006, was appointed by president ronald reagan, but was considered a moderate conservative, and had the deciding vote in so many supreme court decisions affecting civil rights, environmental protection, personal privacy, voting rights, protection against discrimination and more, and so she made a difference, and sitting alongside all those men, she wasn't afraid to go her way. >> not at all. she's also an outdoors woman, a westerner, a rancher, loves to fish. when you discuss the opinions, i don't think we should fit bush v. gore. that's the court that decided the presidency of the united states. >> andrea, stay with me because i want to continue this discussion, but i also want to bring in presidential historian don meacham now who's joining us by phone. john, as we remember the life and legacy of sandra day o'connor who just died at the age of 93, what are you thinking about? >> i'm thinking about her biographer, our friend evan thomas, who titled his book "first." she was the first woman in the history of the american republic to serve on the supreme court, appointed by president reagan in 1981, was part of the campaign promise, governor reagan at the time had some problem with women voters and he thought that would help, and as andrea remembers doubtless, when sandra day o'connor graduated from stanford law school, she went to interview for a law firm and had a conversation with william french smith who became the attorney general of the united states, and william french smith is said to have told her he'd be happy to hire her as a secretary. the next time they encountered each other, he was the attorney general interviewing her to put her on the supreme court, and american progress takes too long. it's sometimes too painful, but justice o'connor was an embodiment of a widening of the mainstream and understanding of what thomas jefferson meant when he said that we were all created equal. >> how do you see her time on the court compared to just the court we have today? was it a different type of court at that time, or did it just operate differently? >> she was -- she disliked disorder. she didn't like messes. that's an argument that evan made in his book. she liked coming to compromise, making things orderly. and i think it was a different court, if all the reporting is to be believed, and if the ideological tendency of the decisions, if we add that up, she was a reagan appointee, but was not necessarily a reliably left or right vote, very hard to imagine today someone being confirmed by her margins, hard to imagine someone even being nominated who was not a clearly reliable vote one way or the other, and i do think that's something that we've lost. you want a court that will call them as they see them and not just say they'll call them as they see them. >> right. how do you see her legacy today in the justices, the women justices who have come after her? >> i think she's -- has kind of an iconic role. justice ginsburg obviously became much more of a pop eye icon but it was justice o'connor who was first. there's something about change in america that sometimes slightly more conservative figures can break barriers more easily. margaret thatcher in england, the first female prime minister was a conservative tory. i think now the fact that we don't even blink when someone like amy coney barrett is nominated. might blink for other reasons, but the role of gender increasingly, the role of race is becoming ameliorated, and i think that's important, and a genuine recognition that america's at its best when it realizes the ideals of the declaration, which may sound sentimental, but it has the virtue of being true. >> jon meacham, thank you so much for joining us. i know you need to run to a speaking engagement. we really appreciate you taking the time to speak a few minutes on sandra day o'connor and her life and legacy. again, the breaking news if you are just joining us, retired justice sandra day o'connor has died at the age of 93 suffering complications related to dementia. she served on the court from '81 to 2006 when she retired to help take care of her ailing husband at the time. we were discussing about her being the first, the first woman to serve on the supreme court and the many female justices who have been served since then, ruth bader ginsburg, sotomayor, elena kagan, amy coney barrett. i just wonder if she gave so many women and girls the example that they needed to think i can do it. i can be on the nation's highest court. what kind of impact did she have in terms of that psychology and breaking gender stereotypes? >> you know, it's hard to generalize, but i think that's such a good point because we'll never know fully how many little girls looked up and saw her, that image. i mean, there are moments in history, the first black woman, first, you know, hispanic woman, the first, you know, we can all speak to seeing those firsts, and i think it has an impact on little boys as well to realize that women can do these things. so it changes relationships throughout our country to see women achieve this way. other countries have had women leaders, prime ministers, presidents, we haven't, but it just -- it's the imagination of what you can achieve throughout history, and i think of ketanji jackson and others who i've met who saw inspiration very early on, and it just tells men and women what can be accomplished if you increase diversity and give opportunities. and you know, reagan made that promise, and he delivered on it, and it was remarkable. she was so funny and private in social settings, the first woman in all male clubs here in washington, the alfalfa club, a very republican-oriented, business-oriented club, certainly the bush family was a very important part, the senior bush family and the leadership of my generation. and when shealfalfa, her speech was hilarious, a very big deal at these big events. she just had a great wit, a great sense of humor. she was a woman of the west, though, and that was fundamental to her athleticism, her love of the outdoors, her fishing, that she's nothing more than -- the first book she wrote was all about growing up on the ranch and being a cowhand. >> that's right. yeah, i love hearing those little anecdotes about her personality and what she was like when she wasn't sitting on the bench because obviously on the bench we see people be so serious, all these justices. they're obviously taking up really important cases and having to be more serious in those roles, but these people have lives outside of the court and learning about her love of the outdoors and her sense of humor is really wonderful. thank you for offering all of that. i want to bring in nbc's lawrence hurley now who covers the supreme court for nbc. when could we get reaction from the other justices? >> well, we've already heard from the chief justice. he put out a statement just now which i can read for from he said o'connor blazed an historic trail as our nation's first female justice, and he said that the justices mourn the loss of a beloved colleague, a fiercely independent defender of the rule of law, and an eloquent advocate for civics education. she was clearly well-liked on the court, you know, obviously as a trailblazer as we all know, but also kind of a person from the past, at a time when the court was perhaps a little more collegial. the justices all say now that they still are collegial, but she certainly lived that. she was the center of the court, you know, her and justice kennedy who's also retired and before that justice sutor kind of had this center of the court that kept it from taking some of the more extreme positions, and you can see that through some of her vote where is despite being conservative, you know, she upheld abortion rights. she upheld affirmative action in college admissions. we've seen as the court has now moved further to the right with the 6-3 majority with conservative justices more willing to go with their gut as it were and just overturn precedent and so on, they've now ended affirmative action in college admissions and overturned roe v. wade, these are steps that she wouldn't take. i think that says something about how the court has changed over the last few years. >> and ken dilanian is still with us, ken, speaking of just the votes that she had -- oh, i'm told ken is no longer with us. i'll ask you about this, lawrence, because i know you are so well read into the details of many, many cases. when you talk about some of those breakthrough issues that she was a part of as a member of the supreme court and her being this sort of moderate conservative justice, are there specific cases that stand out to you? >> well, i think as was mentioned earlier, a case that people do focus on, which is not perhaps an example of that, but is sort of the exception, the bush v. gore decision in 2000 that ended up deciding the presidential election, and there she's obviously sided with the conservatives in ruling for president bush, and i think later on she expressed some regret for doing that because of the influence it had in terms of diminishing the court's reputation, making the court seem like it was partisan. but you know, that's the exception, as i said, there are other cases where, you know, she upheld abortion rights in the 1992 case, and then later on, you know, she upheld the separation of church and state. she -- you know, she kind of towed the line. she didn't want the court to be making these big sweeping decisions necessarily just moving the law more gradually, perhaps in a way that is most shown on the court now by the chief justice john roberts who seems to share that kind of approach. but now, of course, he's got five justices to his right who are more willing to kind of push the line and make more dramatic changes that push the law to the right. and these are things that sandra day o'connor, you know, even though she was very conservative in her own views, it just wasn't something she was willing to do. >> lawrence hurley, please stand by. i want to bring in msnbc legal analyst, melissa murray who was a former law clerk to then judge sonia sotomayor. melissa, as we learn this news that retired justice sandra day o'connor has passed away, what's going through your mind? >> well, obviously, justice o'connor was a trailblazer in many ways. she was the first woman appointed to the supreme court, this was back in the 1980s. she was ronald reagan's first appointment, and she really was the center, the fulcrum around which the court moved for many years during her tenure. she was, as lawrence has said, conservative. she came from the west, arizona, where she had been a state legislator and then later a state judge, but she was meant to sort of keep the court on a conservative path, nominated by a republican justice. she was very interested in questions of state prerogatives, maing sure that the states maintained a role in a fed rated system without the federal government overtaking some of the traditional functions of state government, and so she was very much associated with that move toward a, quote, unquote new federalism. but she was also very moderate in some of her decisions, especially where it counted. so as lawrence noted, she was part of that three justice plurality that voted to affirm and uphold roe v. wade 1992 planned parenthood versus casey. she upheld affirmative action at a time when many thought it was destined for the dust bin. now here we are, she's no longer on the court. her seat was filled by justice samuel alito in 2005, and we've seen a complete sea change. so just the fact that the court has moved so far to the right makes clear what her influence was in keeping the court on a more moderate and middle line path. >> she once said being a member of the court is a little like walking through fresh concrete. we look back and see our footprints in those opinions that we've written, and they tend to harden after us. do you think that is true? do you think that the current justices share that perspective? >> well, i think the current justices are taking a more immediate view and sort of rethinking a lot of things that we might have thought were settled. on this term at the supreme court, there are a lot of big cases that would seem to trod on ground that has long been settled, questions about the per misability about the administrative state. questions about how government actually runs. i think justice o'connor would have thought these questions were well settled by prior decisions at earlier courts, not her court but the courts that had preceded her. this is a 6-3 conservative supermajority with the votes to move the court in the direction it chooses and we have seen over the course of the last two terms, that it is steadily moving to the right. >> thank you so much, melissa murray, for joining us. we will continue to follow this news of the death of former justice sandra day o'connor. to capitol hill now where the third and potentially final vote to expel embattled congressman george santos could happen at any moment, expected sometime in the next 30 minutes or so. is this the end of the congressional road for him? we're back right after this. and find your voice. you know? we really need to work on your people skills. my frequent heartburn had me taking antacid after antacid all day long but with prilosec otc just one pill a day blocks heartburn for a full 24 hours. for one and done heartburn relief, prilosec otc. one pill 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[sfx: video game] emergen-c crystals. you're probably not easily persuaded to switch mobile providers for your business. but what if we told you it's possible that comcast business mobile can save you up to 75% a year on your wireless bill versus the big three carriers? it's true. plus when you buy your first line of mobile, you get a second line free. there are no term contracts or line activation fees. and you can bring your own device. oh, and all on the most reliable 5g mobile network nationwide. wireless that works for you. it's not just possible, it's happening. we're back with the breaking news on capitol hill where congressman george santos could make history this morning. the house preparing to hold a third and potentially final vote on expelling santos from congress. now, it would make the disgraced new york republican only the sixth lawmaker in history with that dubious distinction. here's santos a short time ago ahead of this vote. >> do you think this is going to be your last day in congress today? >> i don't know. i don't know if -- oh, careful. i don't know. if i knew, i wouldn't -- i'd play the lotto. if i knew the future i'd play the lotto today, be more productive. but i really don't. >> joining us now is nbc news senior capitol hill correspondent garrett haake along with steve kornacki and nbc's george solis in santos' district in queens, new york. garrett, you're there since this ethics report dropped, some republicans have certainly changed their tune on santos signaling they're planning to vote to expel him. that said, we know there are political considerations for the gop here. we have some new reporting on how leadership is voting this morning. what can you tell us? >> reporter: yeah, ana, if you'd have asked me yesterday, i'd have told you it's more likely than not that santos would be expelled this morning. now it's looking perhaps more likely he might be able to stick around. as of now, to want four members of the house republican conference have said they will vote no on this expulsion. that's speaker johnson down to elise stefanik, all saying they're not going to vote for the expulsion of george santos. none of them are defending his conduct, but they are making an argument that they don't want to set a precedent for kicking him out without him being convicted of any crime. you might ask yourself what then is even the purpose of having an ethics committee if they can issue a report as scathing about a member's conduct as the one that this ethics committee put out a few weeks ago if a member can only be thrown out for a criminal conviction. that viewpoint may be enough. it is very high bar. it takes two-thirds of the body to vote to kick somebody out of this congress. so what you're looking at is potentially a situation where you would have every democrat vote to expel and still need another 90 or so republicans. those republican votes are looking a little soft as i stand here right now. >> i spoke to a couple of the democrats who introduced their own expulsion resolution earlier this week. they spoke on the hill this morning. what did we hear from them? what to we know then about how this is going to go down? >> reporter: yeah, look, they're trying to prebut this argument that santos and some of his defenders have made that the only standard can be a standard of a criminal conviction. listen to dan goldman who was on this program yesterday talking about this issue. >> it is not sufficient to be a member of congress simply to not be a criminal. the integrity and the reputation of this house are being denigrated every single day that george santos is here. >> reporter: so this is now at the heart of this debate, whether you need a criminal conviction to kick somebody out of this body or whether the house should have a higher standard. the constitution says the house gets to set its own rules on this. they can vote to kick a member out in a two-thirds majority. doesn't say anything about whether or not they have to be criminally convicted of anything. that's the standard that democrats would like to set here, but again, an increasing number of republicans are saying we don't like the idea that accusations alone, no matter how many they are or how bad they are, could lead to somebody become kicked out without the voters having a say. >> george, you're in santos' district, which straddles parts of queens, part of long island, what do his constituents think about all of this, and if he were to be expelled, what does that mean for them? who represents them? >> reporter: yeah, good morning, ana. i can tell you, the office is actually open, a small skeleton staff inside to welcome some of the media. the constituency, not a lot of love for the congressman. many of them telling me that they are waiting for this vote to occur. they're hoping that he will be expelled from the house because they say they have not gone represented for some time. i want to read you one of the quick conversations i had with one of the constituents here right outside the office. leslie o'cane telling me, i can't wait. i am so sick of the corruption, the distraction, we've got to get back to running our government. we don't need a narcissistic psychopath stealing from the constituents and lying about it. he's been smiling, he's been enjoying the attention. did you see him yesterday? they're watching very closely to see whether or not this expulsion vote happens. as far as what happens next, what we know governor hochul will have ten days to call a special election here in the district, and some of the constituents i've been speaking with having telling me they've been so distracted by everything that's going on with george santos leading up to this moment that they can't think of a name or anyone they would want to represent them. they know they want george santos out of this district, out of the house, and they are hoping this vote will be that first step in that process, ana. >> okay, george solis, keep us posted. steve, give us the big picture here. today could make history. >> yeah, it's extremely rare, even to have one of these votes. we'll see if this vote succeeds or fails. take a look at it this way. this is as you say, the third attempt this year to get him expelled. back in may there was a motion that was advanced to expel him from the house. that was then referred to the ethics committee, and then at the start of november, republicans from new york introduced a motion to expel. they got a vote on it. it didn't come anywhere close to that two-thirds needed to reach for expulsion. then in the middle of november, the ethics report that garrett was talking about comes out, gives new momentum to the push to expel him and brings us to today. we will see do two-thirds of the members -- if all 435 are there and voting that'd be 290 votes that would be needed. but we're not sure how many will be there, how many will be voting in this. bigger picture context, when we say rare, five times in the history of the united states has a member of the house been expelled and talk about some extreme circumstances here, the first three you see, 1861, 1861, these are three members of the house who took up arms against the united states of america. they fought for the confederacy or for confederate aligned militias. as a result they were expelled from the house. the two others, 1981 there was michael myers from pennsylvania. he was caught in the scandal that was undercover fbi agents who did basically sting operations. myers accepted from them a $50,000 bribe. he was convicted. he was expelled. he did try to run in the 1980 election. he was defeated, by the way, as a footnote, myers is still alive, still around and is in prison because he was convicted on election fraud charges in pennsylvania just about a yearing a. interesting footnote on that one. the most recent, jim trafcant he was convicted on federal charges of bribery, tax evasion, racketeering. the vote there 420 to 1. that is the most recent. santos would join this company if he is expelled today. there are a couple of other failed expulsion votes, this is the company that santos would join if this vote fails. again, extraordinary circumstances in a lot of these. bres ton brooks, this is the south carolina representative who was offended in 1856 by a northern senator, charles sumner from massachusetts. the issue on slavery. preston brooks went into the senate chamber, found sumner and caned him, nearly to death. there was a motion to expel him. it failed. brooks resigned his seat. said i'll let the south carolina voters decide my fate. they sent him back to the house. russeau from kentucky, assaulting another member of the house facing expulsion vote. the only other moderate expulse vote was 1990, barney frank from massachusetts. it failed overwhelmingly. the circumstances were complicated. essentially he had a relationship with a male prostitute and the accusations were was frank using his office to help in a variety of ways in a violation of his oath of his office. that one failed overwhelmingly. he was reprimanded, reelected, served 20 more years in the house. >> thank you for giving us that backdrop. this foundation of precedent for what we are about to witness any moment now on capitol hill. garrett haake, steve kornacki, george solis, thank you all. please stay close as we keep a close eye on this vote. up next here on "ana cabrera reports." we have more breaking news today, the truce between israel and hamas is over. what it means for efforts now to save more hostages still held captive in gaza. i'm still going to eat your socks. no, you're not. get great deals on gifts that deliver excitement at chewy. liberty mutual customized my car insurance and i saved hundreds. with the money i saved, i started a dog walking business. oh. [dog barks] no it's just a bunny! only pay for what you need. ♪liberty. liberty. liberty. liberty.♪ bowel leakage is more common than you think. an expert physician recommended axonics therapy, and it gave me my life back. go to findrealrelief.com to get started. get back to doing the things you love! ♪♪ vicks vapostick provides soothing, non-medicated vicks vapors. easy to apply for the whole family. vicks vapostick. and try vicks vaposhower for steamy vicks vapors. and now to the breaking news in the israel-hamas war. the seven-day cease fire is over, and israel has renewed its assault on the gaza strip this morning. new nbc news video capturing the chaos in the aftermath of an israeli air strike on khan younis in the southern gaza strip area. the end to the cease fire means an end for now at least to the release of hostages by hamas. eight people were released yesterday bringing the total number of israeli hostages freed to 79. here's nbc's richard engel now, our chief foreign correspondent who's joining us live from tel aviv. richard, are there talks to potentially revive the truce amid this new round of fighting? >> reporter: so, ana, yes, there are. the talks actually never stopped. the talks were continuing through the night, and then the talks broke down, and they devolved to a point of violence. so now the negotiations are still ongoing, still led by qatar. the united states still deeply involved to try and get this truce back on track, but there is a concern that it is being overtaken by events as the fighting in gaza has resumed again, not just air strikes, but ground fighting, israeli troops in gaza came under attack. a short while ago there was another exchange of fire, this time in northern israel between hezbollah and israeli troops. hezbollah run tv saying that two lebanese people, a man and a woman were killed. a mother and son were killed in that. so we are starting to see this ramping up of the violence again, and according to the health ministry in gaza, which is run by hamas, more than 100 palestinians have been killed just today alone. and hamas is firing more rockets. i am in tel aviv, as you said. i am right now in what is called now hostage plaza, and this is a square. it's right by the tel aviv museum of art, and it is a place where every day now supporters of the hostages, sometimes family members of the hostages, will come here. anyone can come and express solidarity, and we came here to ask how people are feeling about this, how family members are feeling because there had been a sense of hope for seven days in a row. hamas was freeing people, and the israeli government was releasing palestinian prisoners. and there is disappointment, but a lot of people are saying that they are still holding strong. they are hoping that this period will pass and that the negotiations can resume once again, the releases can resume once again, but the negotiation will be successful. >> right, this negotiation is ongoing in the hopes of coming to another deal for more hostages to be released, and that happening at the same time, there are ripple effec from this new bombshell report in "the new york times" that spells out a plan by hamas that israel apparently knew about a whole year before the attack. what more can you tell us? >> so this report from "the new york times" is very detailed, and it talks about a specific report, that 40 page long classified report that was distributed by israeli officials, distributed to senior members of the government. nbc news has not seen this report, but "the new york times" describes it. i can show you around a bit of this place while i tell you. so you get a sense of what it looks like. this "new york times" report said that there was a detailed plan by hamas to carry out this attack, very much the way that it was carried out in that hamas would storm into israel. it would use para gliders. it would breakthrough the fence and go on a killing rampage, and according to "the new york times," it was dismissed by senior israeli officials as aspirational by hamas, that it was considered to be something that hamas didn't have the capacity to carry out and then the attack on october 7th more or less followed the exact pattern that they had been warning about. so tonight just to finish what i was saying. this table, it's quite symbolic. it is now friday night here, across -- for jews around the world this is shabbat dinner. the tables are set up, the candles have been lit, and there are 240 chairs representing the number of hostages originally taken by hamas, and it is here as a permanent memorial, permanent reminder with the idea that one day the hostages, all of them will come back and have a dinner together, be back home with their families. >> that's a powerful image, and we can all wish and hope and move toward that ending for so many families that are living this nightmare. thank you so much, richard engel, for your reporting. we are back here at home staying on top of breaking news in georgia. a motions hearing just getting underway in fulton county as donald trump's lawyers look to dismiss his criminal case there. we have the latest from the courtroom right after this. once alexandra called me to let me know that bank of america had approved my loan... it was important to me. we not only just provide the financing piece, we do everything that we can to surround them with the right people. all you need is a perfect, amazing team that will guide you through the right steps to be successful. and that's what bank of america was for me. 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(vo) for a limited time, turn any iphone in any condition into a new iphone 15 pro with titanium and ipad and apple watch se - all on us. only on verizon. dad and i finally had that talk. no, not that talk. about what the future looks like. for me. i may have trouble getting around, but i want to live in my home where i'm comfortable and my friends are nearby. i can do it with the help of a barber, personal shopper and exercise buddy. someone who can help me live right at home. life's good. when you have a plan. ♪ ♪ ( ♪ ♪ ) start your day with nature made. the #1 pharmacist recommended vitamin and supplement brand. now to the breaking news out of georgia where donald trump's legal team is making its first court appearance right now in the fulton county election interference case. lawyers for the former president and three of his co-defendants are arguing the entire case should be thrown out. judge scott mcafee could also potentially set a start date for this trial during this hearing. nbc news justice and intelligence correspondent ken dilanian is back with us now. ken, you're all over everything today it feels like. you've been monitoring this hearing. what are you seeing so far? >> well, ana, this is the first time that donald trump's attorneys have appeared to defend him in this case, and they are going to attack this indictment on first amendment grounds. they're arguing that what donald trump did in an effort to pressure state officials to investigate fraud is protected first amendment speech and should not be criminalized. now, the judge in this case has already taken a dim view of that argument made by other co-defendants. so it will be interesting to see what he says exactly. and as you mentioned, you know, there certainly will be some scheduling back and forth. as of right now, this case is scheduled to go to trial in august, right in the heart of the presidential campaign. donald trump's lawyers in every venue, in every criminal venue he's involved in have sought to delay, delay, delay. why they think they cannot go to trial next year today, ana. >> and you also just got some news related to trump and january 6th, what can you tell us? what can you tell us? >> there is some former capitol police officers and others are suing donald trump civilly over his actions related to january 6th. and donald trump had argued that they couldn't do that because he was immune, because he was acting as the president of the united states. a three-judge panel said absolutely not. he's not immune. they rule the lawsuits can go forward because they say he was not acting as the president when he sought to overturn the election. he was acting as a private citizen, a candidate, they say that presidential immunity does not cover his actions in trying to overturn the 2020 election. >> ken dilanian, thank you so much. more on the breaking news now from capitol hill, where within this next hour the vote on whether to expel congressman george santos in the wake of the scathing ethics allegations will get under way. let's bring in nbc news senior international political reporter sahil kapur and joe crowley and former republican congressman from pennsylvania, charlie dent. give us the latest on the house floor. what do we know about how this vote might unfold? >> reporter: the vote should be getting under way in moments. it is a moment of truth for george santos, moment of truth for the u.s. house of representatives of whether they will keep george santos as a member of congress in good standing or will expel him. now, yesterday there was a spirited debate on the floor as to whether this should happen. santos walked off the floor. i spoke to him briefly. he sounded very pessimistic about his hopes of surviving this expulsion vote. he told me he has a gut feeling his opponents have the votes. we're seeing movement this morning. santos saying this is up to god. let's play what he said on "fox & friends." >> i've accepted the fate. i believe if it is god's will to keep me here, i'll stay. if it is his will for me to leave, i will leave and i will do so graciously. >> reporter: the moment we're seeing is from several house republican leadership, including mike johnson, who said he will vote against expulsion of george santos. steve scalise and elise stefanik also say they will vote against expulsion. the math is 290 members of the house are needed to vote to expel george santos in order for him to be gone. that is two-thirds of the chamber. democrats are expected to vote to expel him. keep your eyes on the republican number. it needs to be about -- >> i'm going to interrupt. let's listen in and see what happens. apparently gaveling out of the last vote they had on a different amendment. so, we're going to keep going. sahil, what were you saying? >> 290 votes is what the house needs. absences pending. democrats are expected to vote in favor of expulsion and keep your eyes on the republican number. it needs to be somewhere in the neighborhood of 80 or above, who need to vote to expel george santos in order for this to succeed. if that vote succeeds, he will immediately cease to be a member of congress. that seat will be vacant and sometime in the next few months there will be a special election for the competitive district on long island which democrats are eager to flip. >> okay. we have some clarification on what is happening, what we're witnessing right now on the house floor. this is not a voice vote. but they are voting indeed on this resolution. it could go quickly. so we're going to keep a close eye on how this vote ends up. and the meantime, congressman dent, your reaction to what we just heard from sahil that the gop leadership, four members, including the house speaker, including steve scalise and elise stefanik are planning to vote now on this resolution of expulsion. >> well, i think they should absolutely vote yes on this matter. i served as chairman of the house ethics committee and it is true, there have only been five expulsions, three for treason and two for felonies, convicted. but the reason why we have not had other members expelled is because those have been in serious trouble and discredited had the good sense and judgment to resign. that's what they would do. but george santos is incapable of feeling any sort of shame or remorse. that's why he needs to be removed. the house ethics committee led by michael desk and susan wild, very effective job with their investigation and found that he was stealing campaign funds essentially. and they issued a report. the members have just paused to throw this g guy out. >> we're told that the magic number we're looking at is 283. that's the number we're anticipating will need to call, we know that it will go one way or another with one of them hits 283, yea or nay. what we know about this ethics committee report and the allegations of what santos used his campaign funds for, everything from botox to an atlantic city casino weekend, to a honeymoon in las vegas, a subscription to the adult content site onlyfans, ferragamo shoes, hermes. have you ever seen anything like this? >> i don't have ferragamo shoes, so i don't know anything like this at all. what is really interesting, though, is i think this notion he needs to be convicted in a court of law to be expelled from congress, that's not true. this report was damning. incredibly damning. it looks like the fix might be in to keep him because republicans need to maintain a strong majority as best they can. fairly weak now. but it gets weaker if he's out. so they may be -- may be slipping in the fix here. we'll wait and see what the vote looks like. >> congressman dent, santos, if he is expelled and now at 270 voting yea with another 50 something as i squint because my eyes aren't as good, 50 left to vote right now, he could end up joining this very small group of individuals who have been expelled from the house. right now there is only five of them in the history of this great nation including three congressman who were expelled during the 1860s for encouraging secession during the civil war. another congressman was expelled in 1981 after he was caught accepting bribes in the scandal, depicted in the film "american hustle," some people may remember. and the last time a member was ousted was in 2002, couple of decades ago when james traficant was convicted on charges of bribery, racketeering, tax evasion. can you speak to, you know, the uniqueness of this moment? oh. breaking news. we are now over 283. it appears this expulsion vote has passed. we're now at 292 yeas and 114 nays. we're continuing to just double, triple check on this. sahil, are you still there? what can you tell us? is this what we're seeing, that george santos has been expelled? >> we could be witnessing the last moments of george santos as a member of congress. that vote count does not look good for him. it is up to 298 as i speak. 299. it is well over the threshold of a two-thirds majority. the vote is not final until it is final. nothing is final until the gavel drops here. but the house of representatives has the votes to expel george santos, make him only the sixth member of congress in american history to be expelled from the house of representatives. that would mean the seat is declared vacant, the clerk takes over his office, and staff members, there will be a special election on long island in the third congressional district of long island in queens, i should say, third congressional district, for that seat. it looks like george santos has lost this vote, 100 republicans have joined 204 democrats as i speak to vote to expel george santos. the tally is still going up here. his opponents argued that members of congress needed to be held to a higher standard. it was long island republicans like anthony d'esposito who led the charge to try to get george santos out of congress. they want to wash the stench of santos off their party and their ballot in the 2024 elections. they don't want to be defined by him. they argued his transgressions, lying his way to congress, fabricating parts of his resume, things he's admitted to doing, not just the allegations, but things he admitted to doing fall below the standard for which a member of congress should remain in good standing here. a historic vote, ana. >> no doubt about it. we will await the gaveling in of the final vote tally, but 11 people it looks like still left to vote now. that number down to nine. we're at 310 yeas and 114 nays. so, an overwhelming number of people voting to expel george santos. congressman dent, as we await this historic moment, what is going through, you know, your thoughts right now? >> right now, i'm wondering where the sergeant at arms is. when the gavel goes down, i want to see what they do to george santos. do they frog march him out of the building? i don't know. what are they going to do with santos. they need to get rid of him. this man who is operating without a functional brain, and, you know, he should have left a long time ago if he had any sense and congress is doing the right thing. that's the next step. they're going to lock down his office, there will be a special elect and i think the staff will be able to stay and serve the district. he's got to go. does he leave immediately? i believe the answer is probably yes. but there hasn't been too many precedents for this. that's what's going through my mind right now. >> the final moments of this vote. sahil kapur, former congressman charlie dent, former congressman joe crowley, thank you, gentlemen, for being with us. jose diaz-balart is picking up our coverage

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