president's lawyers arguing it should be dropped. his witness presence weigh on judge cannon? tiktok turmoil. the potential ban on the wildly popular app now one step closer to a possible u.s. ban amid concerns the chinese owner creates a national security risk. i will talk to two democratic lawmakers who voted on opposite sides of the issue. hell on earth. haiti throw into chaos by armed gangs. i will talk to the leader of a veterans group trying to rescue trapped americans. ♪♪ good day, everyone. i'm andrea mitchell in washington. donald trump is inside a florida courtroom today as his lawyers are arguing to dismiss the entire mar-a-lago classified documents case, arguing the files were personal and that he is allowed to keep them. special counsel jack smith saying the papers -- clearly the papers that are clearly marked classified are indisputably presidential, not personal. today's hearing is happening before a judge -- before judge aileen cannon who has a track record so far of favoring trump's defense. no cameras are allowed in federal court. our teams are inside relaying every detail. we start with ken dilanian who is outside the courthouse. harry litman and andrew weissmann who is the co-author of "the trump indictments, the historic charging documents with commentary." ken, you have been reading the lines we are getting from inside the court. the hearing is expected to last most of the day. what are the highlights so far? it's a requirement that donald trump show up. i think it's significant. is any ruling expected from judge cannon? >> reporter: not clear whether she will rule. the most significant thing about today is that judge aileen cannon decided to hold a day-long hearing on these two motions to dismiss, two of seven donald trump filed in this case, which a lot of legal experts think are borderline frivolous and didn't merit a hearing. nonetheless, she's going to entertain that. we have hours of arguments ongoing right now. as you said, there are two issues. one is that the trump team is invoking the civil law known as the presidential records act, which was passed after richard nixon -- to make clear presidential records belong to the american people through the national archives. it's a civil law. donald trump is arguing that this law meant that he could deem any record in the white house a personal record of his and take it home with no repercussions. jack smith's team says that's wrong and there's a criminal law at stake that has nothing to do with the presidential records act governing classified information that donald trump had no right to these very highly classified documents that he took to mar-a-lago once he was no longer president. that's the issue in that case. or in that motion. the other motion, the trump team is arguing the espionage act is unconstitutionally vague. in fairness, the espionage act is a 1917 law. it is vague in some respects. it's been used over and over again to prosecute people for mishandling, for taking home classified documents, most recently jack teixeira who leaked documents. there's a history of using that law. people have tried to argue it's vague before. they haven't succeeded. mr. trump is trying again today. >> andrew, ken touched on the fact that this is considered by most lawyers to be frivolous, this argument. this was considered -- every analysis i read for nine months, the strongest of the cases in terms of the evidence, especially considering the witnesses, one who came out this week. >> yeah, in terms of the underlying proof, the retention of the documents and not one but two forms of obstruction, this is what harry and i used to call when we were in the business a rock crusher. this is just an incredibly strong case both for the underlying crime and because you have these two types of obstruction that can be used not only as separate crimes but also to show consciousness of guilt. i would note to ken's points, which i agree with, that the indictment here in paragraphs 23 and 24 quote donald trump as both a candidate in 2016 and as president saying there's a huge problem with former officials taking classified documents and possessing them after they left office and that needs to be cracked down on, and as a candidate saying that these laws -- these criminal laws, the ones he is facing, need to be enforced more strongly. he is really talking out of both siet sides of his mouth here as the indictment alleges. >> harry, let's talk about the presence of the former president in the courtroom. he has been complaining that these cases are tieing him down during a presidential election, which is certainly objective fact, because he has to appear once trials take place and during other stages. this is not a stage where he had to appear at this pretrial motion. >> completely voluntary. more than that, very unusual. very, very few defendants would spend eight hours in a courtroom where all that's happening is legal argument. they have no evidence to present, nothing to really work with their lawyers about. there's always with trump the advantage perhaps of coming out and playing to his faithful. there might be an extra element of being a few feet away from a judge whom he can remind that he appointed and events could yet transpire that she could again be in his favor. it's a long day. i think for most people, a boring day to spend in a courtroom. >> andrew, given the delays and the fact that she was notably overturned by the 11th circuit unanimously on -- very early in this case on access by the defense to these classified materials i think it was, what do we expect now? this can delay the case. what if she does grant these motions? would they appeal it? >> sure. if she grants these motions, then the prosecution is going to appeal them. there are a number of motions that are pending before her. these are just two of them. i think -- i'm cynical here. i think that her goal is to not do anything that will cause an appeal that could lead to her being kicked off the case, because as you point out, andrea, she was reversed not once but twice by the 11th circuit in fairly scathing language. so she does not want to do anything that's going to lead to that kind of appeal. on the other hand, she's going to try and not do anything for the government. you can see that in all of her rulings and even in small comments she makes. i think -- i would expect that she's going to try and not do anything that's reversible but also delay this case as much as possible so that there is no trial before the general election. >> harry, i know that all of us, lawyers and non-lawyers alike, pointed out that she everyone -- every judge takes their oath of office and there have been plenty of instances throughout history all the time where the appointed judge is against democrats or republicans. in her case, there has been a pattern here. >> yes. that's what we hoped at the start. i will say there is ample basis for andrew's cynicism. look, there's an alice in wonderland quality to this hearing, where trump is the humpty dumpty figure. she is the equivalent of the red king dispensing very mysterious justice. she's conscious of the concern of not doing anything too out of the ordinary. both of these -- i want to stress where ken started. balderdash is a kind word for these two motions and she's spending a day on these and five still in the waiting. she has a very strong motion for reconsideration that she's obviously wrong on. yet, she sent weeks and they are under submission. she moves slowly and doesn't give an indication where she's going until her rulings come out. >> harry, andrew, of course, ken, thanks to all of you. on the line. the outlook for the bill banning tiktok looks less certain in the senate. up next, alyssa slotkin, former cia officer, who voted to ban tiktok. we will be back in 60 seconds. n tiktok we will be back in 60 seconds. i hear that. this bad boy can fix anything. yep, tough day at work, nice cruise will sort you right out. when i'm riding, i'm not even thinking about my painful cavity. well, you shouldn't ignore that. and every time i get stressed about having to pay my bills, i just hop on the bike, man. oh, come on, man, you got to pay your bills. you don't have to worry about anything when you're protected by america's number-one motorcycle insurer. well, you definitely do. those things aren't related, so... ah, yee! oh, that is a vibrating pain. (music) have heart failure with unresolved symptoms? it may be time to see the bigger picture. heart failure and seemingly unrelated symptoms, like carpal tunnel syndrome, shortness of breath, and irregular heartbeat could be something more serious called attr-cm, a rare, underdiagnosed disease that worsens over time. sound like you? call your cardiologist, and ask about attr-cm. the house has voted to force the chinese-backed owner of tiktok to sell the popular app over national security concerns, effectively banning it from the u.s. despite lobbying from the chairman of the company and protests on the app from many of its 170 million american users. president biden says he would sign the legislation if it passes. it faces an uncertain future in the senate, despite support from the bipartisan leaders of the senate intelligence committee. they have argued that china gains too much intelligence -- too much influence from tiktok and has, in fact, according to the worldwide threat assessment, influenced the 2022 election. today, china's government accused of united states of bullying behavior and leveraging state power against the company. joining me now, congresswoman slotkin, former cia officer, now a candidate for the senate. thank you very much for joining us. if you were a senator, presumably you would also vote to ban. what about the free speech issues that so many democrats -- well 50 democrats in the house i think voted against banning it and against the small businessowners, the others who are advantaged by tiktok? >> yeah. to be clear, i think most of us -- we don't want a ban. we want the chinese communist party to not be affiliated with the ownership of this thing that has 170 million americans' data. it's not like data isn't collected by facebook and twitter and all that stuff. it's that the affiliation with the chinese regime means that they are not subject to the same laws and regulations and accountability. all you need to do is look at how they have been using their users in the country to lobby congress. we are getting all these calls from kids as young as 9. what they did is they sent a push message to every single user in the united states. they geolocated every user, figured out who the specific member of congress was and then say, here is your member of congress' phone number. we get calls from young users without their parents knowing. they have the location data. they have the facial recognition of everyone. lots of social media companies have it. i don't want it in the hant han a company intertwined with the communist party. >> let me just unpack that a little bit. it effectively is a ban. it would take a long time to unwind. any sale at this point would be a ban. supposedly they would loose the algorithms that are -- what helps them do all theseing and . people say steve mnuchins would bring americans to it. we know where he was and who started his billion and a half dollar hedge fund. that was from the people in the gulf. once you try to track down where all the foreign money is in that world, it's not that easy. in any case, wouldn't it in affect be a ban? the chairman certainly got on tiktok last night and said it would be a ban. >> it would be a sale. it's not the first company that would have to sell its parent company. grinder is another social media company that had to sell, had chinese ownership. it's not unprecedented. most of us -- i'm a candidate, as you said, for senate. most want tiktok to be available. you don't think i have nieces and nephews and staff who are on it? i don't want to ban it. i don't want the chinese government controlling the data. i'm a former cia officer and pentagon official. i don't want them having facial recognition information on everyone who is going to be in our military or the intelligence community. i don't want them to send push messages of propaganda to vote or not vote to 170 million users. if this was controlled by sweden or a company in palo alto, they would be subject to rules and regulations of the western world. the chinese communist party makes the rules and has a strong affiliation with this company. it's not that we want to ban. we want them to sell the parent company so they don't have our kids' data. >> thank you very much. we will talk to one of your colleagues who voted the other way coming up. thanks so much. >> you bet. escalating violence. the efforts to help evacuate americans trapped in haiti. that's next. you are watching "andrea mitchell reports." stay with us. this is msnbc. this is msnbc. i know what it's like to perform through pain. if you're like me, one of the millions suffering from pain caused by migraine, nurtec odt may help. it's the only medication that can treat a migraine when it strikes and prevent migraine attacks. treat and prevent, all in one. don't take if allergic to nurtec. allergic reactions can occur, even days after using. most common side effects were nausea, indigestion, and stomach pain. relief is possible. talk to a doctor about nurtec odt. no two bodies are the same. some pads, never got that message. but, always flexfoam did! it protects against different flows for up to zero leaks. and it flexes to fit all bodies, for up to zero feel. feel it yourself with always flexfoam. zyrtec allergy relief works fast and lasts a full 24 hours so dave can be the... deliverer of dance. ok, dave! let's be more than our allergies. zeize the day with zyrtec. 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>> the fear is the gangs will shoot at helicopters. we were in the air and trying to get out of haiti. >> gabe joins me now from the dominican republic at the border. you have seen the border was open for a while today. you saw people crossing and then going back out. what is the security situation there? >> reporter: hi, andrea. it was temporarily open. it still is for the time being. here in the dominican republic at this border town, it's temporarily open once a week for the market so haitians can get supplies and go back. they are not allowed to go into the dominican republic. hard to see with the truck in the way, but down there you can see haitians taking supplies and different goods. these haitians got up early. they came here. where i'm standing is a no man's land. it's in the dominican republic but it's not fully in the country. the haitians you see walking back, they are taking what they can back to haiti. for the most part though, the border remains closed. the security situation, we just heard from a spokesman for the national security council, it's deteriorating. the u.s. monitoring this closely. as you said, the u.n. is trying to set up this humanitarian corridor in the sky to bring in humanitarian aid from the dominican republic into haiti. i will step over here. >> get out of the way of the truck. >> reporter: it has been busy throughout the morning. exactly. my cameraman will pan around and show you. you can see a large security presence here. we noticed that since we got here yesterday. this is an ongoing humanitarian crisis that's unfolding here in haiti. you see these haitians going back with whatever they can into the northeastern part of the country. they tell us the worst violence, of course, is in port-au-prince. things are calmer in the rural areas. the problem here that we have been seeing is hunger, an overwhelming need for food and extreme poverty here. >> gabe, i know the u.n. will try to do that. again, the u.s. is already preparing or already is possibly taking haitian migrants, people who have gotten out, to guantanamo. that's what they have done in the past. >> reporter: that's what they have done in the past. they may be considering it again. it's unclear whether it will be expanded. we understand for a while, the department of homeland security has at times during other surges processed and temporarily detained haitians at guantanamo bay. there's a concern what this will mean for a migrant influx. ron desantis is anticipating an influx. he is saying he is deploying extra troops and drones down to florida's southern coast. the past couple of years, there have been haitian influxes, migrant influxes. unclear what this will mean. if this crisis continues. what happens with the political transition, if it works or not. local leaders might reject it. there's a lot of questions about who will lead haiti going forward. as of now, in port-au-prince at least, the gangs are in control. >> if they reject it, the kenyan u.n. multinational forces refusing to go in. it's a volatile situation, gabe. thank you so much for being there. all your reporting. let me let you get back to work on your reporting. thank you. joining us now is brian stern. the founder and ceo of project dynamo, trying to rescue americans trapped in haiti. he is coming to us from the dominican republic. how can you get people across the border? the airport is closed and the port is closed in port-au-prince. what mission do you have? what are your assets? >> well, we conducted 609 rescue operations, which is about 7,000 people between afghanistan, russian-occupied ukraine, russia, sudan, israel, gaza, our normal office space where airports are closed and ports don't work and the governments are failing and there's a war. there's lots of ways to do this. the best way here is obviously by air. air is a little hard, but it's doable. land is the least preferred because of the security situation obviously and the road conditions and the like. >> how many people do you think are trying to get out? are you focused on americans? >> yeah, we are entirely donor funded. because of that, we have to prioritize, sadly. we would love to do more. but we have to prioritize. priorities are americans and then americans -- british, canadians. there's plenty americans there. from a funding perspective, we know that we won't be able to rescue all the people that are asking us for help, because we don't have the funding streams to do it. we don't get any resources from the federal government whatsoever. our entire -- when i go to charter a helicopter into port-au-prince, that's through the generosity of americans who see us on tv and feel compelled to help. >> we are eager to tell your story. it's a remarkable amount of work you do. do you have any idea how many americans are there and want to leave? i know people have family connections. some don't want to leave. often, americans don't register with the embassy or the consulates as they are urged to do by the state department. so sometimes we just don't know how many people are out there. afghanistan was a case in point. >> yeah. we always tell people to make sure they register with the state department. it's very important. it's very important they -- to your point, they don't know what they don't know. we have the same issue. if you don't register for evacuation, then we can't rescue you. we don't roam around helping to bump into somebody that may need help. we are precise and surgical about how we do it. how many are here? in the hundreds, i would say. i would say in the hundreds. we don't know because not everybody is registered on our website either. there's lots of people, lots of people, that's for sure. >> thank you for what you are doing. to all of your veterans there, all that work, we know this is hugely important, a humanitarian mission under the worst possible circumstances. thank you. >> thank you so much. coming up, the abortion issue. the vice president about to take a dramatic step to try to bring the issue of abortion center stage of this campaign. you are watching "andrea mitchell reports" on msnbc. hellc [dog whimpers] [thinking] why always the couch? 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[ gasps ] this. wow! do you have any ottomans without legs. sure. you'll flip for the poof cart. in the wayborhood, there's a place for all of us. ♪ wayfair. every style. every home. ♪ vice president kamala harris will make history today, again. she's traveling to minnesota this hour to tour a planned parenthood clinic. a clinic that performs abortions. reproductive rights playing a central role this year, it's the first time a president or vice president is visiting an abortion clinic. yamiche alcindor is joining us and susan page. yamiche, talk to me about what your sources are telling you about the reason the vice president is doing this very high profile event. >> good afternoon, andrea. my sources are telling me that vice president harris is going to be making history today when she visits a planned parenthood clinic in minnesota. she's expected to speak with health care providers who provide abortions to patients. they are saying this is the first time a president or vice president has ever had a clinic -- ever gone to a clinic that provides abortion services. in particular, in 2013, we saw former president barack obama address planned parenthood for the first time. that was history making. now you have the vice president putting boots on the ground. she's told a number of people around her she want wants to geo places where people are having these lived experiences. at one point she might be talking to patients. i'm told she wants to be careful not to disturb any services that are going on in this clinic. as we know, the vice president has really emerged as the prominent voice when it comes to access. this is the sixth stop on her tour she's been having since january, talking about the need for abortion access. she's been pushing and really criticizing republicans for, she says, taking control away from women when it comes to their bodies. another thing to note is that this is really going to be part of an effort to talk about abortion more widely as the election gets closer and closer. republicans have been scrambling in some ways to deal with the consequences of overturning roe v. wade. we saw today the first lady, jill biden, she came out with an ad and a talk with christina aguilera talking about abortion. the biden administration putting this front and center today. it's very interesting to see -- we have pictures of jill biden there. it's interesting to see the vice president at an abortion clinic today. >> indeed. susan, the vice president has taken on this issue, spoken out so forcefully about this issue among other issues. yet still, "usa today" shows the vice president is struggling to win over those outside the democratic tent. what else did the poll find? >> we found that she is popular among many democratic voters but not universally. her approval rating among black voters was 51%. her approval rating among young voters was lower than her approval rating among older voters. her lowest approval rating is among voters under 35. that's counterintuitive because she's younger than the two men running for president. she's a woman of color. it underscores the difficulty she has had in making her case to voters. i think that we have seen some progress in improving her image and tackling the issue of abortion and reproductive rights has been an important part of that. it's an issue she's comfortable with. it's a better fit than dealing with problems at the border, which you remember was one of her initial assignments from the white house after the election. >> yeah. yamiche, changing subjects on the political front, the democrats are concerned about third party runs. they have organized a whole effort against third party candidates. the most prominent is rfk junior's candidacy, because of his name identification. he is polling 15% and upwards. now he has his list of running mates, including aaron rodgers, a vaccine skeptic as well as ventura. aaron rodgers is under contract to the jets. he is a vaccine and 9/11 skeptic and a sandy hook denier. he hits all of the buttons. why would he be considered? apparently, he is a longtime friend. they were on a trip together. he could well become the vice presidential choice. >> very interesting times we are living through. think about now, we could have a quarterback on a ticket. democrats are very worried about third party tickets. we know that this race -- this 2024 presidential race is going to be very, very close. think about the fact that we keep pointing to the same states, pennsylvania, michigan, georgia, wisconsin. it's a few thousand votes that are going to likely decide the presidential election. when you look at a third party candidate with the last name kennedy, democrats are very worried. some voters that i have talked to have said there is a lot of confusion about the politics of kennedy, because the name is such a big -- has such big notoriety in the country. when people see kennedy, they say, i'm going for this kennedy, not understanding he has different politics than the rest of his family. joe biden as well as other democrats want to make sure they turn out as many of their voters as possible. i want to point to an interesting figure that. rfk is polling at 9%. president biden is trailing trump within the margin of error. but you can see, when you have a couple points where the president is trailing the former president, you can understand why nine points would be a big deal for democrats and why they trying not to have that impact the president's bid. >> absolutely. susan, one other very strange political point. the governor of south dakota, supposedly a vice presidential list person for donald trump, potential donald trump pick, is facing a lawsuit now, a citizen lawsuit, i believe, after she promoted her texas cosmetic dentist or social media. let me play some of the video she put up. >> i'm the governor of south dakota. had the tunnel to come to smile texas to fix my teeth, which has been absolutely amazing. for years, i have needed to have an adjustment to my teeth from a biking accident. they have been absolutely phenomenal. the team here was remarkable and gave me a smile that i can be proud of. >> susan, you and i have seen a lot of weird things in politics. this is an official governmental release from the state. did they end up giving her free dentistry, which can be thousands of dollars? >> lots of questions. not the kind of publicity she wanted to get at this moment when she's basically auditioning to be donald trump's running mate. >> she's got the smile. let's face it. she's got good teeth for the new role, whatever it is. yamiche, susan -- yamiche, congrats on the scoop on the vice president today. call for change, chuck schumer calling for a new election in israel. why he says it's time for change. he is the top democratic who has done this. white house reaction and the state department reaction coming up. you are watching "andrea mitchell reports" on msnbc. liberty mutual customized my car insurance and i saved hundreds. that's great. i know, i've bee telling everyone. baby: liberty. oh! baby: liberty. how many people did you tell? only pay for what you need. jingle: ♪ liberty. liberty. liberty. ♪ baby: ♪ liberty. ♪ type 2 diabetes? discover the ozempic® tri-zone. ♪ ♪ i got the power of 3. i lowered my a1c, cv risk, and lost some weight. in studies, the majority of people reached an a1c under 7 and maintained it. i'm under 7. ozempic® lowers the risk of major cardiovascular events such as stroke, heart attack, or death in adults also with known heart disease. i'm lowering my risk. adults lost up to 14 pounds. i lost some weight. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. gallbladder problems may occur. tell your provider about vision problems or changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. living with type 2 diabetes? ask about the power of 3 with ozempic®. hi. my name is kim and i am 41 years old. i've been given the opportunity to work from home, so that means lots of video calls. i see myself more and i definitely see those deeper lines. i'm still kim and i got botox® cosmetic. i wanted to keep the expressions that i would normally have, you know, you're on camera and the only person they can look at is you. i was really happy with the results. i look like me just with fewer lines. botox® cosmetic is fda approved to temporarily make frown lines, crow's feet, and forehead lines look better. the effects of botox® cosmetic may spread hours to weeks after injection, causing serious symptoms. alert your doctor right away as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness may be a sign of a life-threatening condition. do not receive botox® cosmetic if you have a skin infection. side effects may include allergic reactions, injection site pain, headache, eyebrow, eyelid drooping and eyelid swelling. tell your doctor about your medical history, muscle or nerve conditions, and medications, including botulinum toxins, as these may increase the risk of serious side effects. see for yourself at botoxcosmetic.com. here's to getting better with age. here's to beating these two every thursday. help fuel today with boost high protein, complete nutrition you need... ...without the stuff you don't. so, here's to now. boost. chuck schumer today became the highest ranking democratic politician to call for the resignation of israel's prime minister netanyahu for his opposition to a palestinian state and for the overall situation for palestinian civilians in gaza. >> five months into this conflict, it is clear that israelis need to take stock of the situation and ask, must we change course. at this critical juncture, i believe a new election is the only way to law for a healthy and open decision making procession about the future of israel, at a time when so many israelis have lost their confidence in the vision and direction of their government. >> joining me now is michael allen, former special assistant to the president in the george w. bush administration. this is all happening as we speak just now. speaker johnson at the west virginia retreat for the house republicans said, this is not only highly inappropriate, it's just plain wrong for an american leader to play such a divisive role in israeli politics. steve scalise said senator schumer owes an apology to the people of israel who elected their leadership. that said, the white house -- john kirby today on a call asked by kelly o'donnell said in answer to that question that senator schumer did give a heads up to the white house. they didn't approve, disapprove, change what he was going to say, they didn't weigh in, but he did give them notice he was going to do this. this is a remarkable statement. >> it's inappropriate for the senate majority leader of either party to weigh in in an ally's electoral politics. it's self-defeating. i think it's going to backfire. i wouldn't be surprised if there would be some sort of mini rallying around the flag to netanyahu by some in israel. two, i think also it's self-defeating because they want a cease-fire more than anything. but they are heaping all the pressure on the israelis. if i'm hamas, i'm thinking, i'm on easy street right now. the world is beating up netanyahu. maybe if i hold out a little bit longer, the world will take care of what i want, which is fewer munitions being shipped over to the israelis and maybe the united states wouldn't veto so often everything that comes out of the united nations. i don't know it was well thought out. >> what the white house or state department would say is that we are keeping pressure on hamas. that said -- this is separate. this is chuck schumer. that said, you said it was extraordinary. i get that. are these extraordinary times? we are weaponizing the war with the biggest arms supplier at the same time as secretary blinken yesterday was organizing an international coalition, europe, arab world, help from all over for maritime relief to a million plus palestinian civilians who are literally starving to death. >> right. >> that's because an existing port is not available. there's a barge that has been towed across 200 nautical miles. but it has taken 3 1/2 days to get there with a minimal amount of supplies in proportion to what is needed. a port that's available that the israelis wouldn't permit. there's a land crossing available that has not yet been opened. there are blockages and slowdowns on security. there's a trickle of aid really getting in. >> that's right. >> people are dying, 30,000 have reportedly according to the palestinian health ministry, which is a hamas organization, i get that, but they are the only ones on the ground, they say 30,000 plus people. >> i agree the united states should do everything it can to ensure that we open another crossing so that we can efficiently get assistance -- >> they have. >> to the north -- >> five missions to the region by the secretary of state over five months. >> i'm glad we're doing that. i think i understand what they are going for with the port. i think there's another issue at play though. i think once some of the assistance gets into gaza, into gaza, the palestinians who rightfully need is and should have itsh losing control of it, and it's going to hamas. there's so many different other issues here, i think -- >> you're actually right about the internal distribution of part of it is they're not opening a land bridge, which is to north gaza, so they wouldn't have to go through -- >> we need to have that open. i agree, and we should pull pressure on the israelis. i absolutely agree. >> and i'm being told the qods has responded, saying that netanyahu that is widespread public support. the fact is even though he has fallen in the polls, there's protests against him, he does have a lot of support for going after hamas. he says there are four brigades still in rafah. secretary blinken confirmed to me yesterday he's not provided the plan that the u.s. is asking for, for the people forced into rafah by the israeli offensive, and are struggling there, and how will he go in there to get the brigades out? >> i think it's great we're pushing them, we want to see that plan, but i wonder if schumer has this completely correct when he says he an obstacle to peace. i think we may be misreading the position. later, maybe, we go to a two-state solution, but not on the heels of october 7th, when it looks like we just rewarded hamas for this terrible terrorist attack. >> one other point. apparently schumer did this in response to american hostage families, who they believe that netanyahu is putting -- getting hamas over the priority of getting their families out. all your points are valid in this insolvable problem. we appreciate you being here. hang you. hanging in the balance, coming up next, i'll talk with a lawmakers who voted against the bill to potentially -- this is msnbc. o potentially -- this is msnbc. we need to scale with customer demand... in real time. 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[laughing] not cool man. every epic footlong deserves the perfect sidekick. i know what it's like to perform through pain. if you're like me, one of the millions suffering from pain caused by migraine, nurtec odt may help. it's the only medication that can treat a migraine when it strikes and prevent migraine attacks. treat and prevent, all in one. don't take if allergic to nurtec. allergic reactions can occur, even days after using. most common side effects were nausea, indigestion, and stomach pain. relief is possible. talk to a doctor about nurtec odt. the future of tiktok remains uncertain. the house overwhelmingly passing the bill to possibly ban the popular app over concerns of the chinese heritage. mike gallagher wrote the bill and spoke to garrett haake. >> reporter: people don't understand why it's a national security threat. >> the possibility to great adverse propaganda is too possible. joining me is jim hyde. why did you vote against it? >> andrea, i have a very specific sense for the threat. i spent a lot of time thinking about it. it is a specific threat largely a potential threat, but this is a broader topic. spend a moment or two on twitter, x, look at the influence that elon musk hat. if we were serious about dealing with this threat, we would start with a federal privacy bill, but more importantly, i'm pretty serious about supporting the first amendment, about freedom of expression. for the united states government to del 150 million people in the united states, which this would happen if bytedance didn't divest of tiktok, for the government to take to 150 million americans, you can no longer participate in this venue, first of all, it would run into first amendment problems. we saw that in montana where they tried to do this. second le we spent or entire country saying to regimes you can't shut down the public square, you can't shut down newspapers. for the united states to take that step, i was not going to be a part of that. >> i take your point. why do you think marco rubio and mark warner, the bipartisan chair and vice chair of the senate intelligence committee voted in favor of it? >> they did release a statement supportive of it. i have a lot of respect for both of them, but i will tell the you one of the things happening right now on capitol hill is people are falling all over themselves to appear hawkish against china. that instinct is not a bad one. china is doing a lot of things we would rather they not do. china is a place where we do $7 had you been billion of trade, we have certain common interests that we should be working together on. just because the congress is falling all over each other to demonstrate how hawkish they are, it doesn't mean that the constitution supports that that's necessarily the right thing to do. >> former treasury secretary mnuchin offered himself up as someone who wants to bytedance, which would permit it to be operational here. he has a lot of foreign investors. is that a better option? >> by the way, don't get me wrong here. i would be much happier if tiktok were not ultimately owned by a chinese company. i would be much happier with the algorithms were here in the united states. i'm not going to say steve mnuchin is the guy, but i hope there's a solution there. facebook, twitter, all these other social media platforms are completely unregulated, uncontrolled, because congress has failed its basic duty to pass privacy legislation. until we do that, andrea, the way the europeans have, the way the state of california has, we're not in a position to be overly preachy about the dangers associated with social media. like i said, spend ten minutes on twitter/x, you'll see we have a lot of work to do before we get high and mighty about one in particular. >> well, we have to leave it there. thank you, as always, such a great conversation. appreciate it. >> thank you. that does it for this edition of "andrea mitchell reports." "chris jansing reports" starts right now. did day. today donald trump is back

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