good evening, earlier tonight our cnn crew witnessed the most intense shelling in days. we'll get a live update in a moment. israel's 12 news is reporting on what it says can a copy of a police report that shows the number of people killed at the nova music festival is much higher than previously believed.

it was believed to be 260 people had been slaughtered. now 364 people were according to israel's channel 12. also according to that news channel, police also say that 40 festivalgoers were kidnapped and taken into gaza. israel's military announced today it recovered the second body of a hostage near the hospital. noa marciano was her name. she was 19, a corporal in the idf, and she had been kidnapped from a kibbutz. they recovered the mother of a 65-year-old grandmother, yehudit weiss yesterday. she was found near the hospital. president biden spoke with the leader of qatar, who brokered hamas has demanded israel stop any surveillance drones to track the movements of hamas.

>> still hearing explosions. an hour or so though there were exchangeses of gun fire so we can see in this direction. in fact looking over there now i can see there's a glow in the sky that wasn't there before so that's clearly the aftermath of a blast there now. the fight is still going on. not as intense as what we were seeing earlier on today but as you were mentioning that really sad news for two families of hostages and i went to meet one of those families today.

>> when they told us about father there was still hope mother would return and yesterday we were told we would not see our mother and grandmother again >> her husband almost father was killed october pth when hamas stormed their home but even now her death, a mystery. >> has the idf told you how she died snide. >> they could only tell us she was not killed on the day of the attempted rescue. they don't know if she was murdereded in gaza or remains taken to ga that. >> on friday the body of a second hostage was recovered discovered by the idf in a building near the hospital. a hamas propaganda video

released this week that cnn is not showing claimed she died as a result of an israeli air strike. >> you said you knew for sure that she was not killed in an air strike. how do you know that? >> i think that -- >> but you know it? >> yeah. >> we have to trust in military and we trust they do everything to free them without harming them. >> they're also in the southern strip. >> cnn cannot independently verify events inside of gaza as internet services are cut due to fuel shortages. >> a doctor at the hospital was

able to reach the khatari news network saying -- lack of fuel and oxygen. he also claimed there was no water r and electricity inin th main b buildings. and sasaid food supppplies prom by the idf are insufficient. hundreds of patients and children suffering. hope and fear are a new type of suffering replaced by loss. >> we waited for mom for 40 days for mom it's too late. we need to try everything we can in order for the hostages to be returned. all of them. as quickly as possible. >> the corporal's family too, a closure of sorts at her sven rail in a war -- heartbreak is never that far away in a war of abundant loss.

>> what is the latest you've heard about these negotiations? >> the little that's really breaking the surface that's new i think a couple of details that seem to have some currency at the moment debate within the israeli government about whether or not there should be some of the women and children released or all of the women and children released together. of course hamas also saying that all the drones the israeli drones should be taken out of the sky over gaza. that's a new precondition that they're putting forward. i think the central part though at the moment is the focus does seem to be on the women and children and some hostage families of hostages that i've talked to say the particular -- they say they're a bit worried about that because they want everyone released. they really want the women and children released and the elderly people as well. but they are concerned if the

men are not freed now as well they'll be back for a very long time now. thanks. >> also retired u.s. army brigadier general and assistant secretary of state for mill fair affairs. when you hear about some terms of the hostage negotiations, discussed fuel tracks into gaza. full day in gaza. which point do you think israel can negotiate and which are completely out of bounds? >> i think that most of the -- what we're hearing are nonnegotiable. they're not going to go for what the hamas really wants. hamas wants for us to stop the war and for us to forget the seventh of october and for them to continue as it was the day before. the drones in the sky are essential for this war and they

will continue. the release of part of the women and part of the children and not all of the hostages will create in israel a terrible situation in the future. what do we do with the parents of these soldiers which are obviously going to be kept for their last. an the part hamas wants makes it very difficult to restart the war afterward. we said yesterday these demands that hamas are now posting are really a nonnegotiable situation and if you asked me, the only way that we are going to see any advance in the release of hostages is when the pressure on hamas becomes a lot stronger than it is today. meaning the minute we start

dealing with the south of the gaza strip thank you will see the hamas traveling here. i want to note something that you -- that your report didn't say what this happened in the last couple of things. >> general, what would fighting in the south look like? people are in dire straits there. how tough -- what does that fighting look like? where do those people go? >> that's a very good question. >> i'm quite mystified at what they mean by fighting in the

south. obviously most of the humanitarian efforts are down in the south. the israeli army specifically said move to the south. so if they're talking about going in among the civilian populations, that mystified me on how they would do that.

and this is where the big ten is being established. finding in the south does not mean that we are fighting in the same area. and as you have seen in the last couple of weeks, the fighting is very surgical. it is slow. it is very methodical. we're trying not to reach any of the noncombatant population in the gaza strip and i think that there is no way that we can err rad kate hamas -- eradicate hamas without dealing with most forces that have fled to the south. now, again, one little note, the noncombatant population in the gaza strip is really nonexistent. all of the -- as we have seen on the 7th of october, most of the population in the gaza strip are none of this.

we are treating them as noncombatant. we are treating them as regular civilians and they are spared from the fighting. >> general, the idea of negotiating to not fly drones for a given amount of time for several days as hostages are being let go, if that is the sticking point, that seems unlikely that the idf would agree to that. talk about just the importance that drones have right now in this war for israel. >> let's be clear. when you're fighting inside of a city, your eye sight is one block to the next high building but when you use drones you have far better visibility of the entire area when you're looking at it from approximately 500 feet in the air you can see the enemy coming at you. you can see the enemy running away from you. you have a better idea of the repositioning. that's one of dangers you have

inside urban operations is your lack of visibility of the surrounding area because of the buildings in the area. but that is taking care of the people. getting something an eye in the sky as we talk about getting you much better ability to see the region. >> general, appreciate your time. today is the ninth birthday of one of those hostages we want to point out, emily hand is her name. her father was in times square with photos of emily going live today. thomas hand the dad was interviewed and said when initially told his daughter was dead that he thought it was the best news. that was his term. best news because of what he believed her life in captivity would have been like. he was informed that no dna of his daughter was found where she was last seen in kibbutz and that it was highly probable she was a hostage.

his prayer is her daughter will be home for christmas >> next, a major ruling in colorado in favor of the former president but one where the judge sasays he still engagagedn an insurrection. plus, a deal with a constatt streream of migranants who crose border in their land and camp out.t. details s ahead.

>> colorado state judge decided that the former president will

remain on the ballot in colorado should we win the republican nomination for president how far while a decision on the ban on insurrection is a win for the former president the judge was stitheing in her assessment of his conduc t

on january 6th. >> without a clear unmistakable indication that was the intent of section 3 of the 14th omit so saying because the constitution does not explicitly state a provision for a prow suspective president to be removed if the y

engage it's likely that trump would and probably end up at the supreme court. >> thank you so much. want to get perspective now from david irvin and others. jessica, what's your reaction. >> this is an extraordinary opinion. as you heard it's 102 pages >> in the way that it's scathing? >> in the choice that the judge

made here. so she ruled in trump's favor on a very specific legal grounds that he was not an officer covered by this section of the 14th amendment. she could have stopped there but instead she has essentially 100 pages of fact findings factual findings against trump that are just devastating finding that he intended to internship cite violence that he actually engaged in insurrection. she also has findings that he knew he lost the election but facts that are highly relevant to other cases criminal cases that are pending. so just the bredth of what is covered in this opinion is extraordinary and the substance of the findings they're just devastating. >> why do you think she went into that level of detail? >> i think what she's trying to do is make sure that this case can be resolved as expeditiously as possible so if an appellate court in colorado or the supreme court of the united states overrules her legally she's provided them with the factual

findings such that she can just essentially substitute a new ruling based on her factual findings if a court disagrees with her ruling. she won't have to have a new trial or issue a new opinion applying the law as those courts find it to the facts. she's done it already. >> so el lee the is this what you expected based on other states which kept the other states on the ballot? >> it is. i think we've discuss third degree on air. the reason these lawsuits keep failing is because we simply don't know how this works. we don't have a process in place. yes, the 14th amendment tells us anybody who engages in inxeroxed is disqualified. the problem is in the 150 years or so since that was passed neither the constitution nor the supreme court nor congress has given us any guidance as to how it works. and what we cannot do is collect ily invent a process now on the fly and then apply it because that would violate the 14th amendment's due process

provision and this is why we've seen now every official who's considered this republican and democratic state secretaries of state and now four different judges including democratic nominees who have all ruled against these motions who have all ruled in favor of trump but all for different reasons because we don't have a procedure in place for how this works. >> and we highwayed part of the ruling that said that trump engaged in an insurrection. does that matter from any legal standpoint? >> i think it does matter legally as jessica said if there's an appeal the judge has made a careful record here to support her findings holding a two week trial. much is drawn on materials already in the public record. drawing heavily on the record established by the january 6th committee which is a testament to the importance of that work so it's important both politically and atmospherically but also legally as well. >> daved, how big a waist is this for the former president despite a scathing rebuke from

the judge of his behavior. >> i think the judge were to have taken him off the ballot in colorado it would have been a boone for the president because he would have pointed to the fact that here we are again. look what they're doing. trying an unelected judge or excuse me in this case an elected judge in the state of colorado partisan is trying to do what joe biden can't. beat me. and so by failing here i think that democrats did themselves a favor by not playing right into the president's hands. it would have been shouting from the roof tops. this now goes quietly into the night. i would say that if this was such a slam dunk i think the mayor and mr. smith the prosecutor here january 6th examining this would have taken

it up. instead the president wasn't charged in the january 6th charging at the federal level. >> it is interesting jessica. i mean it was a number of conservative scholars who backed this idea i talked to a couple of them on the program and they have an argument for the fact that, yes, the language does not specifically say the president but it does talk about i forget the actual language. they believe it covers the president even though it doesn't say it does. >> right. so there's a dispute among scholars about what actually the language encompasses and it's a historical question in large part. what did the framers or those who adopted the 14th amendment what did they intend this clause to cover? and she in her opinion cites the evidence presented to her including other provisions of the constitution relevant for her determination of this provision and finds this does not cover the president as an officer. that's clearly something that an appellate court could disagree with looking at the historical

evidence about the intention of the people who drafted the 14th amendment section 3 so that's a really clean issue in a sense to go up on a peel as a purely legal question. that probably should be decided by the united states supreme court. ultimately. >> you think that's where this is headed ultimately? >> i do think it could well end up at the supreme court and what the judge does in this decision further to her point is thread a fine needle. she says the 14th amendment applies to office errs but officers does not include the president. now that may sound unusual to normal sensible people but the judge points at other areas in the constitution where there is a distinction. for example looking at the impeachment clause it says the president vice president and officers shall be impeached dot dot dot and therefore the judge says where the constitution means to differentiate between the president and the officers it does so and if it just says officers that does not include the president but i agree with jessica, this issue is ripe for appeal and we could see it go up. >> david doing democrats will

try to use the judge's rebuke of him in this? i mean, i don't know if that plays particularly does it matter? >> yeah. i don't think it matters. i think this is going to be a one day story and democrats will be -- as it was pointed out there's been a loser in each instance. every state has been tried. secretaries of state have said not a winner move on. if democrats are the win beat the guy fair and square in november. >> just ahead the crisis at the southern border. land owners and growing frustration of migrants on their property.

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>> in remarks they addressed the growing migrant problem with the president of mexico praising biden for his immigration policy. that same sentiment is not shared by many land boners along

the southern border whose lives are complilicated by this. manyny migrarants set upup camp in schister'r's backyayard.. we f find d trash tents and fir. >> thehey chop t them up and th put them o on the -- >> we find o out they're l land ownersrs equally frustrateted. fiveve mililes w west ofof his we plalan n to meeeet briaian sl .

>> why do they have to come here? whwhy don't we post upup borded patrol r right here?e? >> that doesn't t happen. >> youou've seen o over there ws gogoing on. > over there? ththat's less s than half f a a away. we find customoms and d border protecection agentnts leading s groupsps of mimigrants to vans medical voluntnteers doing w wh they canan.. >> w we sasaw w some covid in s areas.s. >> i was not awarere that t the wawas ththis many people outut untitil l this mororning.. >> helping to o feed thehem sam schultz.z. he's turned thisis neaearby yoy center into his kitchen.

>> youou canannot abide as a a christstian to seeee people hun and d ththirsty. i can undederstand people bebei anangry about t people comome a cross. it's i illegal. >> thahat doesn't stop him f fr helpining. we follow him to his nexext t s and find a crorowd so big thata bordrder patrorol needs buseses. for yearars mimigrants who c cr illelegally ran n from law enforcrcement. here we wawatch them r run to t eaeager to be prprocessed d kno theyey'll be releasesed in a fe days to await court t dates tha could withth yeaears a away. it seeeems s so o orderly. gigiven a tag for their carrrry. line u up to show theieir dodoc whicich are scananned d using g. the men n hand cuffefed to e ea other befofore boaoarding. eaeach day seveveral hundrdred released at ththis logistics hu

founded by san diego county. but now are are san diego county tax dollars that should be going to issues that with have here in the county going to migrant and immigratioion issues which s sh be handleded by y the fedederal governrnment. > a senior r official tells that t they work t to ten n sur releases a are done e in a safe locationon and that t they g gi mimigrants essential support. the strain on local resources one of many challenges as i find out communication is another. spanish and english no longer enough. >> kazakhstan. >> tururkey. > chinana. >> thehe governmenent shouldld something. stop this illelegal immigration. stop i it. because ththey don't help usus. they're destroyiying us. >> thehey say y they supupport immigratioion. >> e ewing slav v i can't. >> mariaia >> mexico. >> t title 42 a public health

measure invoked during the papandemic allowowed authoririt tuturn away migrants at the borr but thatat expired in may and i the lalast six months the surgef mimigrants ontnto their properts become unbearable. >> you're nonot alallowed d to them to geget off your property? >> i c cannot momove t them oro them. >> whoho told you that? >> border patrol. and sheriffs. >> a senior cbp official tells me that stopping people from entering private property or arresting people for trespassing is a local law enforcement responsibility. so i asked the san diego county sheriff's department about that and they told me the migrants would likely just be cited and released a short distance away scatter asasylum seekers and complicatiting responsnse effor. > t the b border patrtrol a know t that theyey did not sign to be uber.

>> this isery lick douse. >> he suggests we stay through the night and see for ourselves so we do and capture this from a camera set up on the property. look at this massive group crossing and see the headlights on the mexican side. likely a smuggler who dropped them off. as the sun c comes up, we find m already awake looking ontoto hi yard as anotother bus is being loadeded up. > what gogoes through your m? > i thihink thihis needs s t. just notot good fofor our count. this needs to really stop. >> so why doesn't customs and border patrol monitor open sections especially if land owners ask for it? >> yeah this is frustrating for those land owners and the fact is border papatrol is there. you saw w that in our repoport. they'r're working all hoururs. they're exhausted those agents.

bubut they alslso have limimit . the seninior officicial tetells that b border patrtrol doeoes ne ththe auauthority toto stand on boborder andnd push pepeople ba prevent them from entering the country. they h have to letet them come . they t then tatake them ininto custody.y. inspect t and prprocess s theme. whatat was fascinatiting is nea every y single m migrant w we e across knew the deal. somebody who had gone ahead of them relayed it and they were looking forward to getting closer to those agents just to start the process. >> and are people -- are all these people planning on applying for asylum? because obviously that process is broken and takes years to even get a hearing. >> that is a really important point. a lot of them are not quite sure what process they're going forward with. many of them ultimately do go forward with asylum but you're right. if they do, their court cases are months if not years delayed but in that time, they're able to be out and about within the

u.s. and so -- >> but they're not allowed to work legally if they're applying for asylum. it's -- >> they are not. no. but they're able to find ways to at least sustain themselves as they put it. >> thank you. appreciate it. next, how a nearly 100-year-old jewish world war ii veteran is using his voice to fight against the disturbing rise of antisemitism.

>> in an effort to tackle growing antisemitism the department of education has launched investigations into alleged incidents at seven obste schools across the country. six schools and universities gary tugman sat down with a jewish world war ii veteran who is teaching students about the holocaust and today's explosion of antisemitism. >> he lives in atlanta is three months away from his 100th birthday just before his 21st

birthday army private first class a jewish soldier was deployed to fight the nazis in world war ii. >> when the battle of the bulge broke out they rushed them out as fast as they could. the battle was ending when he and his twin brother arrived in occupied france. the two gunners ended up in combat and headed across the border to germany. >> we could not be more than three yards away from our howitzer because we could get fire missions morning through night. in 1945 they investigated a horrible odor and after walking through the woods they saw an open train box car in the german stay of dachau. >> what did you see? >> bodies. we had a little brown knee box camera we liberated a couple

weeks earlier so we decided well let's take a picture. of that box car which we did. >> the brothers knew nothing about nazi detect or concentration cacamps but ththe werere among thehe firirst amer soldiersrs on the scscene. theyey were the e liberatorsrs dachau concentration camp where more than 40,000 people were murdered by the nazis. >> i don't feel um to it. >> don't feel up to it. >> okay. >> he and his wife have been married 75 years. for most of those years he did not talk about the war or reveal his remotions but several years ago he was a guest at the united states holocaust memorial museum in washington and walked through a train box car exhibit. >> this was a very nice looking box car. blot when i went through it, i

broke down. >> he's since been on a mission to speak and inspire speaking to schools and organizations. >> let's give a warm welcome for our guest. [applause]. >> late last week it was to hundreds of students at atlanta's st. pious the tenth catholic school. >> the host of 32,000 prisoners in those bar racks when we were there that sunday morning. >> but he's never consider his speeches more important than today. because of what happened in israel on october 7th. >> in all the years you've been back from the war, and it's been almost 80 years, have you ever seen antisemitism in this country as bad as it is today? >> no. i've had incidents growing up in jacksonville, florida and in business but nothing, nothing

like it's happening now. >> his son jerry says he's never seen his father struggling with his emotions like now. >> he wants to talk about it and go deeper but can't. it's too painful to think that all this could happen over again. >> if it doesn't slow down, if it doesn't change. >> the antisemitism. >> right. >> then who is next? >> before we left we thanked him for his heroism. >> never considered myself a hero because to me the true heros are those that department make it back. -- didn't make it back. those are the true heros. >> what an incredible man. incredible life and also at this age to be so engaged in doing that with students. >> his presentation was magnificent and he did it the entire hour without notes. and he also operated a powerpoint presentation to show

pictures and hour speech, aminutes of shaking hands, he stood up the whole time. this reminds me when we did this story today the youngest world war ii surviving veteran was 18 years old in 1945 when the war ended today is 95 or 96. so if you're lucky enough to know a world war ii veteran or meet one don't forget to say thank you. >> i just rewatched the pacific and band of brothers on max and it's incredible. both just so incredible. i mean, the fighting that those -- >> i feel the same way you do. >> thank you so much. >> next. update on former first lady rosalyn carter as she enters hospice along with her husband jimmy carterer.

>> former first lady rrms carter has geared hospice care. she joined her husband former president jimmy carter. also carter is 96 years old, she whereas diagnosed with dementia in may. they just celebrated their 77th wedding anniversary in may. randy kay has more. >> i knew she was quiet, extremely intell gent. very timid, by the way, beautiful. and there was just something about her that was -- >> you're blushing. >> irresistible. i can't help it! >> the two grew up together in plains, georgia before tying the

knot in 1966. as he tells it he took rosalynn to a movie on their first date and was smitten. >> i had a date. she says who did you go with? i said rosalynn smith. she said what did you think about her? i said we were going to marry. >> their decades long marriage had its challenges but shared interests seemed to be the glue. both volunteered with habitat for humanity. >> i'm going to talk a little bit about scwhrimy, he's not going to like it. there has never been any kind of damage that all to jimmy carter's heart. [applause] >> i knew he had a good heart. >> on the campaign tray, jimmy carter called his wife his secret weapon.

rosalynn visited more than 40 states dururing the e 1966 prpresidential campaign. after he became president in 1977, the cartes teamed up in the whys. when he lost his bit for reelection, they moved back to their same home in plains, georgia. in this interview, barbara walters ask this question. >> i don't know how to ask this, do you sleeve in a double bed or single bed? >> double bed. >> rosalynn has been by his side through it all. skin cancer that came into brain cancer. the cartes have certainly slowed down with age. four children, 12 grandchildren and 14 grade grandchildren.

according to the washington post, the couple had a half mile routine of walking to a neighbor's home for dinner. what else to give each other alive? >> first vol, we give each other space. >> jimmy carter said are marrying rosalynn was the pinnacle in his life. >> what do you look back on? >> in my entire life experience, it's marrying my wife rosalynn. she has been beneficial in my entire existence and still is. >> randy kay reporting. we wish them the best. coming up next, sunday's the whole story, atrocities of civil war in the country where she was born.

>> this sunday night i hope you'll join us with a new up sewed of the whole story. tries to return to sudan since the war broke out seven months ag