kindergartens, grandchildren, tried to plunge ukraine into a cold and dark winter by striking the power grid. ukrainians have fought back, defending their country and families and with extraordinary courage. many of you have been there with me many times. it is amazing what they do. it is amazing. against such a large military. ukraine has regained over half the territory that russia took from them in this invasion. and they won important victories against russia's navy. but make no mistake about it, they're a fighting force with the will and the skill to win. and the will and the skill to win. for months, while maga republicans are blocking aid, ukraine has been running out of artillery shells and ammunition. meanwhile, putin's friends keep giving -- keeping him well supplied, iran sent him drones, north korea sent him ballistic missiles and artillery shells, china provided components and know how to boost russia's

defense production. of all the support, russia ramped up its air strikes against ukrainian cities and critical infrastructure. rain down munitions on brave ukrainians defending their homeland. and now americans are going to send ukraine the supplies they need to keep them in the fight. this weekend, the reports, i find this amazing. the reports of cheers breaking out in the trenches in ukraine, probably came from one of your folks, a reporter or someone, i'm not sure who it came from, cheering as they watched the house vote in support for ukraine. not like they don't understand what we have done. not like they don't understand how critical this is for them. i'm i'm making sure the shipments start right away. in the next few hours, a few hours, we're going to begin sending in equipment to ukraine for air defense munitions, for artillery, for rocket systems, and armored vehicles.

this package is literally an investment. not only in ukraine security, but in europe's security. and our own security. we're sending ukraine equipment from our own stockpiles. and we'll replenish the stockpiles with new products made by american companies here in america. patriot missiles made in arizona, javelins made in alabama, artillery shells made in ohio, pennsylvania, texas, and we're helping ukraine while at the same time investing in our own industrial base, strengthening our own national security and supporting jobs to nearly 40 states all across america. you know, the united nations is not acting alone to state the obvious. our allies in europe and around the world who have constantly been asking me, are we going to step up, we're not going to walk away, are we? they're very concerned. if we fail to step up, lord only knows what would happen and the

cohesion of nato. they're also sending significant help to ukraine. we're all standing together against this brutal dictator. this is directly, directly in the united states national security interest. if putin triumphs in ukraine, the next move of russian forces could very well be a direct attack on a nato ally. and you all know full well that invoking article 5, the north atlantic treaty, would be the first thing that comes to mind, which declares an attack on one is an attack on all. and putin attacks nato ally, like his attack on ukraine today, we would have no choice but to come to their aid. just like our nato allies came to our aid after the september 11th attacks. that's why we're supporting ukraine now. to stop putin from drawing the united states into war in europe and in the future. we should take a little bit of a step back and realize what a critical moment this was for the

united states and for nato. this is a historical moment. in the last two years we helped unify, strengthen and expand nato. imagine if instead we had failed, we had failed, to step up now and to support ukraine. all those gains would have begun to unravel. cohesion of nato would have been weakened and our national security would have been undermined without any question. you know, putin started this war, believe me he could easily break the will of the people of ukraine. when that failed, he changed his strategy a little bit. break the will of nato, break the will of the united states, break our will. well, he's failed again. america stands with our friends. we stand up against dictators. we bow to no one, to no one. certainly not vladimir putin. look, this bill also includes vital support for israel. just ten days ago we saw iran launch over 100 missiles and

drones with israel. because of them and other allies across the country, including from the region, no serious damage occurred. and unprecedented attack the following years of iran supporting hezbollah, hamas and proxies of their own attack on israel. they fund these guys. my commitment to israel, i want to make clear again, is iron clad. the security of israel is critical. and always make sure israel has what it needs to defend itself against iran and the terrorists it supports. with this aid, the united states is going to help replenish israel's defense and other critical defenses so iran can never cary out the instruction it intended with the attack ten days ago. at the same time, this bill significantly, significantly increases humanitarian assistance for sending to the innocent people of gaza, who are suffering badly. they're suffering the consequences of this war, that hamas started.

and we have been working intently for months to get as much aid to gaza as possible. this bill includes $1 billion from additional humanitarian aid in gaza. we're going to be meeting to secure that aid and surge it, including food, medical supplies, clean water, and israel must make sure all this aid reaches the palestinians in gaza without delay. everything we do is guided by the ultimate goal of bringing hostages home, securing a cease-fire, and setting the conditions for an enduring peace. you know, there is more that this bill does. as you all know. the press here. including providing for support to strengthen even further our allies and partners in the indo-pacific region as well as humanitarian aid to places including haiti, sudan and somalia. there is one thing this bill does not do, border security. you know, just this year i

proposed and negotiated to and agreed to the strongest border security bill this country has ever, ever, ever seen. it was bipartisan. should have been included in this bill. and i'm determined to get it done for the american people. i'll come back to that in another time. this is a reminder what america can do when we come together, despite our differences. i want to thank everyone in congress who made it possible, especially the bipartisan leadership. speaker of the house mike johnson, leader jeffries, leaders schumer, mcconnell. they don't always agree, but when it matters most, they stepped up and did the right thing and i mean it sincerely, history will remember this, history will remember this moment. for all the talk about how dysfunctional things are in washington, when you look over the past three years, we see that time and again on critical issues we have come together. hasn't always been easy. but when it is time to decide to

rebuild america we did it with a bipartisan infrastructure bill. when it came to invest in our semiconductor industry, and technology of the future, we did it, with the chips and science act. when it came time to stand with ukraine and israel, and help the people of gaza, we did that as well. the end of the day, most of us, whether democrats, republicans, independents, believe that america must stand up for what is right. we don't walk away from our allies. we stand with them. we don't let tirants win, we oppose them. we don't watch global events unfold, we shape them. that's what it means to be the indispensable nation. that's what it means to be the world's superpower and the world's leading democracy. some of our maga republican friends reject that vision, but this vote makes it clear, there is a bipartisan consensus for that kind of american initiative. that's exactly what we'll continue to deliver. i thank you all very much. now i'm going off to make a speech a hotel i'm late for and i'll have plenty of times to

answer questions on this and other matters. >> president biden not taking any questions after just announcing he had just signed this comprehensive series of bills, which will give immediate aid to ukraine, israel, gaza, a billion dollars the president announcing going to gaza almost immediately. and so much more. i want to get right to nbc news white house correspondent monica alba, and nbc's ali vitali on capitol hill. monica, this was a speech the president clearly had been waiting a time to give, an important statement today. >> yes, months and months in the making, jose. that's absolutely right. the president really had a broad message here, which was this should have been easier, it should have happened sooner, but i'm glad that it is happening now. he framed this around the urgency specifically when it comes to the war in ukraine. and its ability to defend itself

against the russian invasion. he even spoke about these reports that there were cheers in the trenches in ukraine when they were watching the house vote over the weekend to approve this. and speaking to specifically the air defense system, some of the armored vehicles, things that ukraine has said it really needs critically at this moment that will be able to start going out within a matter of hours. he talked specifically about how some of the products are things that are made in the united states right now, when talking about patriot missiles that are being built in arizona, javelins coming from alabama, trying to really put this in the context that the national security priorities here aren't just about what is happening around the world, but are key to america's interests as well and in defeating president putin, he said, that is the strongest and loudest message that the u.s. can try to send to its allies. that the u.s. does not walk away from its partners in moments like this, and so in addition to ukraine, because there is all this money that now is also going to be going to israel, to

also replenish some of their air defense systems that had to be used in that attack, defending itself against iran in recent weeks, that was a key priority. but there is also within this package a $1 billion pledge to go toward humanitarian aid in gaza, which we know has been something the biden administration would like to see stepped up and they want israel to really be a partner in providing and making sure that that gets distributed in the proper ways, which the president was pretty pointed on. in addition to that, there is money that goes to the indo-pacific as well. i thought it was pretty notable, there is also a really key component in this bill, the president signed earlier today, on tiktok and potential ban in the u.s. he did not get into the details of that, instead focusing on the national security concerns of the foreign aid bill instead. >> and, ali, the president reaffirming the importance of and how successful bipartisanship can actually be, but that bipartisanship, those

two political parties aren't only divided. speaker johnson has a division within his own party. >> speaker johnson has a division within his own party, jose. and frankly so did senate minority leader mitch mcconnell. he was calling those people out, effectively, the more isolationist voices within his ranks saying that finally passing this supplemental aid package is a sign of the role that america needs to play on the world stage, especially when it comes to backing up our allies in places like ukraine amid this ongoing war with russia. mcconnell has been consistently clear eyed on this. i think it always has been a striking point of contrast for him, the leader of the republicans on the senate side and the speaker of the house, mike johnson, who really had more of an evolution on the issue of ukraine and foreign aid funding over the course of the last few weeks and months. we saw that, of course, play out over the weekend, the senate couldn't have gotten to this point and certainly the president couldn't have if the speaker hadn't had that evolution and effectively put his job on the line to, in his

words, do the right thing here. we'll see if that ends up having a longer tail when they come back to congress next week. for now, speaker mike johnson for his part is over at columbia university and we can talk about that, how he is spending his day in the larger landscape there. for now, both sides celebrating a bipartisan moment of action that was weeks and weeks in the making here. >> and ali, it was interesting to watch that there is no doubt that politics has a part to play in everything that comes out of washington. but president mentioning the border bill that was not able to pass outside, in the house, so he brought up the issue of immigration. and then the other massive part of this is the tiktok side of it. >> yeah. and both of those played really fascinating roles in how we even got to this place. on the border piece, it is why speaker johnson had such a tough time in the initial phases of this, because many voices in his conference were vocal about the

fact that they wanted to see action on the u.s./mexico border before they had any aid or action taken across the seas, not immediately on the u.s. border. the reality of that is that the conservative bill that the house wanted to pass out would never have passed the senate, but the senate managed to negotiate a bipartisan border bill that would have given republicans some things they wanted, democrats some things they wanted, and certainly lent to helping on the border with the ongoing immigration crisis right now. that, of course, was scuttled because former president donald trump wanted to keep it as a live ball in the upcoming 2024 election. republican senators and lawmakers responding to that, and so, it is a bit of a red herring and then, of course, on the tiktok front, that's something that actually sweetened this package, not just on the house side, for republicans, but for democrats as well, and certainly on the senate side of this bill. i think for anyone watching who is a big tiktok user, we need to point out this is going to be tied up in court for a while and there is an even longer clock on

it after the courts have their way with it. so, you can hold on to your tiktok app in the short-term, but certainly knowing this ban is coming has been critical to this congress. >> monica alba and ali vitali, thank you, both, so very much. now to the other big story this morning, high stakes arguments are under way in a major battle between the federal government and idaho over the abortion ban with far reaching implications. in idaho, first trimester abortions are only permitted in the case of rape and incest with a police report, or if the mother's life is at risk. the biden administration says that conflicts with federal law that protects a patient's right to emergency care and that includes pregnant women who may need an emergency abortion. the supreme court allowed the state's ban to take effect when it agreed to take up this case. the effects of that ban already being felt by patients in a state facing a strained health care system. my colleague laura jarrett spoke with one idaho woman who had to travel out of the state for

abortion care when she learned her baby was unlikely to survive. she is now suing the state over its ban. >> they pretty much gave me a 99% chance that this baby was going to not survive. they said, we're surprised that you're still pregnant, given the severity of what we're seeing on the ultrasound. most people would have miscarried by now. i was shocked. i was the one that brought up the conversation of what are my options. and they said, well, because we're in idaho, there really aren't any for you. >> joining us now, nbc news correspondent yamiche alcindor live outside the supreme court in washington, catherine christian, former assistant district attorney from the manhattan d.a.'s office, also an msnbc legal analyst and dr. kavita patel, former white house policy director and msnbc medical contributor. so, yamiche, take us up to speed on what is happening there at the supreme court right now. >> well, right now oral

arguments are under way in this significant abortion case. this is coming down to whether or not federal law supersedes state law. in this case, we're talking about idaho's abortion ban. it says it only has exceptions when the -- when a woman's life is in danger and it specifically says to prevent the death of the mother. now, right now we're hearing a number of questions, first from the liberal justices who are really zeroing in on this idea of the difference between a health risk versus a life threatening risk. the justices really, ketanji brown jackson, elena kagan, justice sotomayor, they're also pushing the lawyer for idaho on this issue saying aren't there cases where a woman's health needs to be treated where she's not at death's door? and a number of times they pointed out what about when a woman might lose her reproductive organs, the lawyer at idaho saying there isn't a case where your health is at risk but your life isn't at risk. but i talked to some doctors who say that's definitely the case. you have a case where women may have to have hysterectomies,

fallopian tubes removed, but may not be at death's door. there is a real issue there. i also know just in the last few seconds, listening to justice alito, a conservative justice, he was really pressuring on this idea of whether or not this idaho law conflicts with federal law and he was in some ways leaning toward dealing with idaho law as being the superseding here. just listening to these arguments, it sounds as though the court is leaning toward saying this federal law, that it supersedes idaho law. this is a court, you can't predict what it will decide. most of the justices, other than alito, that i've been hearing, have been zeroing in on this idea that emergency care to stabilize a mother, if it requires an abortion, that that likely is something that should be allowed. >> and dr. patel, this law only provides -- i'm digging into it, only provides an exception for the life of the mother. but the federal government's

position is that in an emergency room, you got to provide care that preserves the health of a patient. how is that different? >> well, that's the point, i think, jose, they're trying to keep with imtalia, federal law, where we have an obligation if someone needs to be stabilized and can't leave our emergency room or the hospital, that we are obliged to treat that patient. this has been in place for decades so we didn't see patients getting dumped on to other hospitals and didn't see care being infringed upon when you did need that medical stable ization. that's where the judgment of the doctor comes in, the life as you heard, may not necessarily be at that moment someone who is going to die on your gurney in front of you, but that if you do not stabilize and take care of them, they could die. >> so, stabilization oftentimes or no includes an abortion? >> it could. and i think that's the issue. because you have to make sure that you're making an assessment about whether or not the fetus could compromise the life of the

mother, future fertility. none of this is done without a very real conversation between the doctor and the patient. and i think that's why all of us are a bit bewildered. nobody is talking about the fact that this is go to be a judgment call by doctors, not by lawyers. >> and also it has to occur in very difficult circumstances in difficult times. i don't know how many times doctors are able to have this level of conversation with a patient, if they are in a critical state. >> right. and certainly you're trying to make sure we get consent from patients, we do everything we can to explain the situation to patients. but, yes, there are plenty of times, not necessarily around an abortion, but plenty of times medically where stabilization and treatment involves making a judgment call, where the patient might not even be conscious. but that's, i think, where, again, this is meant to be something the federal law, that is on the books, that the administration is fighting, this is really meant to be a way to allow for healthcare and for access. it was never intended to be directed or to be used as it is

today about abortion. >> and we're watching live pictures from right outside the supreme court, where we see protests on all sides of this issue being right now carried out. there are speakers there, just feet from the entrance to the supreme court. catherine, talk to us about the legal debate that is going on here. >> the reason why we're here, unbelievably, in 2024, discussing women's health, reproductive issues, is because the supreme court opened the door to this when they overturned roe v. wade and sent it back to the states. so now you're going to have this patchwork of different states having total bans and this ban in idaho is only for rape or incest if you have a police report and if you know anything about those crimes and they are crimes, often the victims of those don't go to the police. so you're basically saying we don't believe you because we don't have a police report. or in the event of a woman -- if the woman might die. and as the doctor said, that's not often the case. there is a gamut of reproductive

issues that women have, you know, along with as with our reporter said, you know, ectopic pregnancy, miscarriage, fibroids. so that lawyers are discussing this is, you know, what the supreme court did. and legally what the government is arguing is this federal law is just imposing a standard of care. and objective standard of care on idaho. and on these emergency rooms. so why are we even here? >> what is the court option-wise have? >> well, it is -- it is hard to predict what is going to happen. it is hard just because you hear what, you know, what you heard interestingly most of the women on the court were asking, you know, being incredulous, what they're going to protect. they have the option of just saying in this case, this is -- they're going to keep getting the cases, federal law is just an objective standard of care, idaho has to abide by it in these limited circumstances, or, you know, it could be a different light. remember, it is a majority

conservative on the supreme court, that's how roe v. wade was overturned. it is unclear. we're still waiting for the decision on the other abortion case that was just a month ago. so, it is a conundrum that the supreme court did themselves. >> and how does dr. patel, this federal law play a part in your practical day to day experiences as a doctor? >> i think that this is exactly where now many doctors, for me, would be just a personal judgment call, based on evidence, decades of experience, you now have to pause and think do i need to consult or discuss this with administration or an attorney? and i think that's not part of ur training. that's not what we're trained to do. we're trained to treat the patient and to do it to their best interest. it puts a pause and interjects an unnecessary entity and doubt in between that relationship. >> yamiche, catherine, dr. kavita patel, thank you for being with us this morning. we're going to be following this supreme court hearing very

closely and bring you any updates. later this hour, we'll talk with alexis mcgill johnson, president and ceo of planned parenthood action fund to get her reaction to today's arguments. plus, breaking developments overnight from columbia university, the flashpoint of pro-palestinian protests. we'll have that next on "jose diaz-balart reports" only on msnbc. that next on "jose diaz-balart reports" only on msnbc. and its refill reminder light means i'll never miss a day of freshness. ♪ sup? -who are you? i'm your innerver miss child. get in.eshness. listen, what you really need in life is some freakin' torque. what? horsepower keeps you going, but torque gets you going. what happened to my inner child craving love and acceptance? how about you love and accept this? p-p-p-p-powershot! when can i drive? you already are! the dodge hornet r/t... the totally torqued-out crossover.

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news this morning. we are learning that when speaker mike johnson visits columbia university today, amid the pro-palestinian protests on campus, he's going to call for the university president to resign. protests erupting on college campuses across the country with more planned for today. joining us now nbc's erin mclaughlin at columbia university and hagar chemali. what is happening right now? the university president said midnight was the deadline to disperse. they're still there. what's going on? >> reporter: we understand from the university spokesperson, talks with the students lasted throughout the night. and that, important progress was made that students have agreed to a number of issues including removing a, quote, significant number of tents from the student protest encampment, but not all. they also agreed that any nonstudent protesters on campus

would leave the campus, and then also, they agreed that student protesters would, quote, prohibit discriminatory or harassing language. now, we have yet to hear from the student groups themselves. last we heard was in the form of a tweet from one group saying that they believe the university was not negotiating in good faith. student protesters we spoke to yesterday are adamant they're going to continue their protests. take a listen. >> we will not rest until columbia -- we will remain out here, we will remain protesting, and we will remain occupying this space until we're forcibly removed or the university meets our demands. >> reporter: and this morning, the spokesperson for the university saying they expect the talks with the student groups on campus to last for the next 48 hours. >> what do we know about speaker johnson's visit there? >> reporter: the house speaker

this morning saying he plans to call for the president of columbia to resign, joining a chorus of calls from the republican party. this as his -- during his meetings expected to meet with jewish students on campus. students who say they feel scared. i spoke to some students who allege there were antisemitic attacks on the columbia campus on saturday night and they're on edge. take a listen to what one jewish student had to say. >> honestly, the only thing keeping many he together is my friends at this point. and the community. the jewish community here. we're suffering. >> reporter: we're also hearing that the house speaker will hold a press conference here near the university later today. >> and erin mclaughlin in new york city, thank you very much. hagar, you're a graduate of columbia, you are a teacher there. what have you been seeing inside the university? and so much has been spoken

about and shown these protests, many of them have been outside actual campus, but those tents are inside the campus. what are you -- what have you seen? >> sure, jose, you know, if it seems a bit confusing, it is because the protests vary depending on the day and time. and they are also different between what you see on campus, and what you see just outside of campus. but even those are separate but related because those inside the campus are in touch with extremists on the outside of campus, and that's something that has been in the talks as erin mentioned in her readout of the latest outcome of the dialogue between the university and the students. so, here's what i have seen. i was on campus last thursday. and i was on campus critically on saturday, the day that erin mentioned was particularly heated. and the protests even on saturday between the day and night were different. so, any videoouee is going to portray a different moment in

time. and while this -- the protests i saw on saturday during the day were generally peaceful in that they weren't aggressive or throwing things, for example, the messaging was in my view incited a lot of violence. calling for intefadeh and they had two posters of known terrorists. maybe they weren't aware of what they were showing, but as somebody who worked in counterterrorism in the u.s. government, i was stunned to see it. the posters have been taken down. i think that's because students are listening to the university. and are trying to not undermine their own cause by allowing messages of hate and violence to be infiltrated. what you see on the outside of the campus at the gates is absolutely horrifying. it is extremists taking advantage of this situation, they are absolutely endangering jewish students, calling for statements in favor of hamas, and to burn tel aviv and yelling horrific antisemitic remarks and hateful remarks at jewish students and individuals.

but the thing is, while those are not students, they have come because the students have told them what time to come. so, i do believe there is progress, though. i will be on campus tomorrow and i look forward to seeing it, from what i understand from folks on the ground, it is more peaceful now and the students have agreed to these terms to eliminate these types of forms of speech and so on and to disrupt less at a time when students are trying to study for their exams and in the run-up to graduation. >> this is such a key critical moment for students at columbia university and others, as you say, many of them are getting ready for their graduation, their final weeks on campus. whatever happened to just the free exchange of ideas as a principle, of ideas that may be different of yours, but with the respect of others' concepts and ideas? whatever happened to that? >> you know, jose, you hit the nail on the head. this is the thing that i wish a lot of student protesters would

understand. if you want to protest, and by the way, this goes for anybody, but if you want to protest in this case, for a cease-fire, or you want to protest for divestment, be my guest, but did it respectfully and do it within the rules of the university also. this is not your private home. even if you were in a public park, there would be rules that you have to abide by as a protester on when and how and where you are allowed to do those protests. and the fact is that those protesters are not abiding by the rules and they are repeatedly told that. they are in violation of them, they are not allowed to be on loudspeakers 24 hours a day and it is loud, all day, using extremely disruptive for students and faculty who are really there for the main mission of the university, which is to study and teach and learn. and so i the fact is you want to protest, great. but do it without allowing messages of violence and hate and antisemitism because that

creates a hostile environment. and if it were a workplace, you are not allowed to create a hostile environment for your peer to the point where they're prevented from doing their work, so why should they do it on campus. >> i just wish that maybe they would teach a little bit more -- on the campus who said -- respecting others' rights is peace. hagar chemali, thank you. back to other breaking news of the day, of course, we have been covering this for you, the supreme court hearing oral arguments about whether a federal law overrides state laws when it comes to emergency abortions. here's what we heard from justice sotomayor just this morning. >> the medically accepted obligation of doctors when they have women with certain conditions, that may not result in death, but more than likely will result in very serious

medical conditions, including blindness for some, for others the loss of organs, for some chronic blood strokes. idaho is saying, unless the doctor can say, in good faith, that this person's death is likely, as opposed to serious illness, they can't perform the abortion. >> joining us now, alexis mcgill johnson, president and ceo of planned parenthood action fund, which supports abortion rights. thank you so much, alexis, for being with us this morning. i want to get your reaction first to what we have been hearing from the supreme court this hour. >> well, you know, i think many of them are asking the same question that we're asking. why are we even here in this moment? why are we gambling with patients' lives? why are we asking whether or not a patient who is walking into an emergency room, seeking emergency care, related to

whatever they need, why are we asking whether or not providers are able to provide the life-saving or stabilizing care they may need, including an abortion? i don't know if it is hatred of women, hatred of pregnant people, i don't know why we're in this moment, but the idea that the state of idaho would sue, just to deny access to care, in the most emergency situations, feels ludicrous to us. >> what do you think the supreme court has as options here? >> i think the supreme court could ensure that those hospitals that receive access to federal funds should, in fact, follow this basic common sense law of emtala which allows anyone, with the expectation of walking to an emergency room, be able to get the life-saving stabilizing care they need, up to and including abortion. we're talking about patients who have pre-eclampsia, who may have

kidney failure, we're talking about patients whose lives may be in danger and we're talking about a situation where providers have to make quick assessments about the patient care, not just in that moment, but also what may happen in the moments after. and we're talking about, you know, a community that are already suffering. this is a country, and many of these states that have the highest maternal mortality rates and that we would be willing to allow these states to preempt a federal law just to get that life affirming and life-saving care is completely insane. >> alexis, you appeared alongside president biden at a campaign stop in florida yesterday. what was your message? >> my message was we are not going to keep going back. we need to re-elect president biden, and vice president harris, we need to ensure that they get a senate majority that will -- and house majority that will allow them to pass federal legislation and to let everyone

know that if we do not do that, we are going to go even further backwards with a national abortion ban that, you know, essentially president -- former president trump has, you know, tried to walk back from, but we know where he stands on these issues. so, it is really about rallying the troops and rallying our support behind president biden/harris, because they have been a strong partner, even up until yesterday when they were enforcing that hipaa rule around patients who are traveling and protecting their privacy. >> alexis mcgill johnson, thank you for being with us this morning. appreciate your time. >> thank you. up next, what is expected in trump's criminal hush money trial resumes tomorrow. and breaking news out of gaza, new details about one of the u.s. hostages being held by hamas. you're watching "jose diaz-balart reports" on msnbc. hamas. you're watching "jose diaz-balart reports" on msnbc. with social sentiment help you find and unlock opportunities in the market. e*trade from morgan stanley with powerful, easy-to-use tools, power e*trade makes complex trading easier.

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could develop a different condition called thyroid eye disease, which should be treated by a different doctor. see an expert. find a t-e-d eye specialist at isitted.com 44 past the hour, anytime now the judge in donald trump's hush money case would rule on whether trump violated a gag order. the trial not in session today. but when court resumes tomorrow morning, david pecker will be back on the witness stand. yesterday, he detailed the catch and kill agreement with trump and michael cohen to buy and bury unflattering stoies about trump during the 2016 presidential bid. with us now to talk more about this, "new york times" investigative recorder susan craig, who spent years covering trump's businesses and finances. she's also been in court every

day of the trial. so, sue, let's talk about yesterday, how did pecker do and what were the highlights of his testimony? >> right, so he started in the morning, and he really took jurors through chronologically how things went. the highlight of the day talked a lot about it on air was that meeting at trump tower, where they came to this agreement where david pecker was the eyes and ears of the campaign, he would catch negative stories for trump, and pay for them, and not publish them, and then he would put out negative stories about donald trump's opponents. and it was incredible to hear just the details of this scheme. there was points, michael cohen was the point person in this, but there was -- pecker was describing phone calls where michael cohen would say, you know, put out a story on ben carson and he would send over, you know, some information, and

david pecker said they would quote, unquote embellish it at the magazine and run a story but it was story after story after story on ben carson, on ted cruz and this relationship, you know, was mutually beneficial at a point early in their relationship, you know, in the apprentice days, but this just became -- it was clear sitting there from the way david pecker was telling it, they were trying to influence the election at this point. and every time somebody was trending in the polls, one of donald trump's opponents, they would turn up the volume on the negative stories at the "national enquirer,". >> so it is probably not true there were aliens from another dimension living among us when the "national enquirer" was publishing that kind of stuff too. it gives you the level that they were talking about and the things that they were creating. >> and the number of stories that were going on. it wasn't just one story on ted cruz. it was repetition and we know from donald trump for years that repetition is a powerful thing. a lie told over and over can

become a truth. and in this case, you saw story after story after story the effect it had. ben carson was doing surgery, leaving sponges in people's brains. and that's the sort of story that they were pushing while at the same time they were grabbing negative information about donald trump and buying it off the market. >> what was it like there in the courtroom? what was truck's reaction, demeanor? did you see what the jurors were doing or not doing? >> i'm in an overflow room. i can't see his reaction to the jurors. for the most part, he had a pretty good scowl on his face. that's how i would describe it. he's not happy being there, of course. so that -- we're looking at him, i got a view of the monitor, that's primarily what i saw. >> and so, coming up next, i know tomorrow the prosecution still has pecker on the stand. there is cross coming. >> right, we're going to see tomorrow karen mcdougal, another woman that had a relationship with donald trump, we're going to find out what the national

enquirer's role was in that and stormy daniels. i want to talk about the cross for a minute. i think it could be -- david pecker has been an effective witness so far, very good storyteller. but ultimately he's up on the stand saying he lies a lot. he's the king. kind of the king of fake news with donald trump. so i think that that is going to work against him. and the other thing is i don't think that -- i think the prosecution, they're going to zero -- the donald trump's lawyers are going to zero in, he had nothing to do with the payment scheme. that's what we're going to see as we roll through this week. >> sue craig, we'll continue our conversation going forward. thank you so much. great to see you in person. appreciate it. as we have been talking about the trial that is going to resume tomorrow, donald trump will be in that new york courtroom tomorrow, some of his lawyers will be arguing before the u.s. supreme court on whether a former president is immune from prosecution for official acts. prosecutors say the founding fathers never intended for

presidents to be above the law entirely and they argue the act trump is charged with aren't part of his official duties, nor were they ever. trump'swarns of a flood of prosecutions against presidents and a president cannot function if he has to be worried about criminal charges in the future. with us to talk more about this ian bassen, executive director of the nonpartisan antiauthoritarian group project democracy, also an associate white house counsel during the obama administration. thank you for being with us. what is at stake at tomorrow's argument at the supreme court? >> well, this is really the culmination of an argument that donald trump has been making no government should have a practiced city that is unrestrained, that has total power. he started making this argument in the early days of his presidency when he argued that he was immune from state court

proceedings, when he was sued by a former contestant on the apprentice, that he was immune from congressional oversight. he has argued that he is immune from civil liability, now criminal liability. and he said that he can do whatever he wants as president. the constitution grants him total authority and he could even shoot someone on 5th avenue and not lose his supporters. thankfully every court that has considered these arguments to date has rejeblgtsed them. they have been rejected by judges appointed by democratic presidents, republican presidents, even by donald trump. the question now is whether the supreme court will open the floodgates to what will happen if trump's argument carries the day. i don't think that they will. >> the court has. >> well, every court has rejected this up to this point. and i think one of the reasons why they have done that is because fundamentally this is a mischaracterization, trump's arguments are a

mischaracterization of how the american system of government works. we are fundamentally a system of checks and balances. the found ders built the constitution to be a barricade against tyranny by making sure that there is accountability. and trump is arguing to dismantle all of that. and his arguments don't really carry the day because we know from experience in our laboratories of democracy, the states, you can prosecute and the sky does not fall. we have prosecuted former governors and the sky has not fallen. so it does suggest that the argument that the sky will fall is not -- that is not born out by evidence and history. >> and whereas this is a very specific case because of the specific nature, which is unique in so many ways, but it could in a way, in a very important way, set a precedent one way or another. >> yeah, i think one of the

dangerous things here is that people have argued that for all of the dooms saying that organizations like ours put out there about the dangers of a trump presidency, they say the country survived. i would argue that there was an insurrection on the capitol. but even if you argue it, there were constraints on trump during the first term. there were checks on him within his administration. tlp checks on him within his party to some degree. there were checks on him in the courts and congress. in a second term that wouldn't be true and it certainly wouldn't be true if the court gives carte blanche on what he is calling for here. >> and ian, i thank you for being with us. make sure that you join us tomorrow for special coverage of the supreme court arguments over former president trump's immunity claims. special coverage begins at 10:00 a.m. eastern, 7:00 a.m. pacific right here on msnbc.

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we have breaking news out of the israel-hamas war. hamas military wing releasing a video of the one of the american hostages taken in the october 7 massacre. joining us now is raf sanchez. what is the latest? >> reporter: well, this updated video released by hamas in just the last hour or so, and it shows hirsh goldberg owen, a

u.s. israeli citizen. the last time his family saw him was 201 days ago in another hamas video as he was being kidnapped from that music festival on october 7. in that video you could see that his arm was very badly injured during the terror attack. in today's video we can see that he appears to have lost his arm below the elbow. aside from that, he appears generally to be in good condition. we do not know when exactly this video was filmed. but his mother rachel has become in some ways one of the real faces of the hostage crisis. she has traveled tirelessly between israel and the united states lobbying on behalf of her son. the other four american hostages and the more than 100 still being held in gaza. >> and you also have an incredible story out of the gaza

hospital and struggles so many are facing. >> reporter: yeah, for more than 200 days now, our crew inside gaza has been bringing us unbelievable stories. this is one of them. it is the tale of a baby born into tragedy and the family that is casting their loving arms around her. take a look. it is a scene now grimly familiar in the aftermath of an israeli strike. rafah's hospital flooded with the wounded until something extraordinary. a baby girl delivered by emergency c-section from the womb of her dying mother. first months a desperate race to the icu. she is two months premature and she is not breathing. the doctor trying to coax air into her tiny lungs. it is only after an oxygen mask is felted had she cries out for the very first time. but she needs care they can't give her here. our crew follows on a dangerous

journey through the darkness to the emirati hospital where a neonatal ward at least partially functioning. her weight is just over 3 pounds. she was born an orphan, her mother and father and sister all killed in the october 7 strike. and now in the care of her grandmother and uncle. we were there for the first glimpse of there. doctors say the early birth left the baby's lungs in severe distress, but -- >> she's doing much better. >> reporter: some comfort for a family deciding what to name a child who lost everything before her life even began. they chose sabrina, her mother's name in arabic for soul. you are my soul, are you in my heart she tells the child. the defiant heartbeat a note of

hope. and that is just one family's tragedy, but there are fears that this could be much more logs of innocent life if israel does press ahead in rafah. also a reminder just the doctors in gaza doing everything they can to save the lives of these little babies under just unbelievable conditions. >> raf sanchez, thank you very much. appreciate it. and that wraps up the hour for me. you can always reach me on social media. and watch clips from our show online at youtube. thank you for the privilege of your time. and andrea mitchell picks it up with more news right now. right now on andrea mitchell reports respect the supreme court has just wrapped up arguments on its send abortion reallied case this term with the justices now considering whether idaho's near total ban violates federal guarantees for emergency health care. signals about how their decision might come down