mandates, and many are just for the employees but some are restricting entry to hospitals for kids under 12, and a lot of places are already taking those precautions. first, when it comes to young children, especially rsv, we know it can be very damaging and potentially deadly in young infants, and so watch your child when you see them wheezing, seek treatment immediately. it's common to get a runny nose or cough, make sure you know what you have. get tested. is it the flu or rsv? bottom line, officials say it's not too late to get vaccinated or boosted? >> i had covid weeks ago, and i

tested twice at home, and so you can test and test until you figure it out. glad you are healthy, my friend. andrea mitchell picks up our coverage right now. good morning, and happy new year. it's 11:00 a.m. eastern. 8:00 a.m. pacific. i am andrea mitchell in for joée diaz-balart today. overnight a national coast guard plane collides with a passenger jet. in the middle east, israel's cabinet meeting hours from now to discuss its plans for gaza after the war, which are dramatically different than the biden white house's demand for a two-state solution. back here at home, we're watching the supreme court which could soon take up two major challenges, a challenge to

colorado's decision to disqualify former president trump from its primary ballot, as well as maine's. texas sends hundreds of more migrants to big cities, as the number of border crossings last month shattered previous records. where the border negotiations stand on capitol hill. ♪ ♪ good day. we begin with that breaking news out of japan this morning when a passenger plane bursts into flames after it collided with a coast guard plane at an airport. all 379 passengers and crew onboard that flight were able to evacuate in two minutes, but five crew members on the coast guard plane were killed. what do we know about what happened? this is just incredible.

>> andrea, good could be with you. what we know this happened on the runway of the tokyo haneda airport. this collision happens at the passenger plane is taxiing, and what we can see is a large eruption of fire and smoke from the side of the passenger aircraft. not long after, the entire plane is engulfed in flames. the associated press is quoting a passenger on plane that aircraft, and he said the cabin started to fill with smoke in a matter of minutes, and the emergency doors were opened and they got out and ran to the field. japan's prime minister is not releasing information about the crash, and that coast guard flight was headed to delivering aid to the earthquake victims.

they are still trying to prevent any delays in getting those supplies to those that need it. >> tell us about the rescue efforts, the recovery efforts from the earthquake. >> the death toll has risen to 55, and first responders are rushing to try and rescue people that they know are trapped beneath the rubble of collapsed homes and buildings, and dozens have been injured. officials on the ground say since that initial quake, the western part of japan has seen more than 170 aftershocks and more are expected in the next week, so it's still a dangerous situation. meanwhile, we are looking at the destruction as the sun came up, and we are seeing homes and buildings flattened, and neighbors returning to their homes to see what is left. officials say it's a race

against time to get those people who are trapped beneath the rubble out, andrea, before it's too late. >> meagan fitzgerald, that's just awful, but at least most of the people from that collision, certainly all the civilians survived. amazing. >> joining me, our aviation correspondent, tom costello, and a former faa and ntsb investigator and nbc news aviation analyst. tom, first to you, how was it possible for all of those people to get out safely? >> astonishing. the faa requires and most international airlines require you have to evacuate a plane in 90 seconds with half of the exits blocked, and this was an extreme situation, heavy smoke and fire and they all got out within two to 2 1/2 minutes. a couple caveats.

first, we have had serious crashes in this country, in 2016 an american airlines flight in chicago experienced an explosion, people were grabbing their overhead baggage, and that was slowing things down. we had passengers who were obese and the elderly. all that will complicated an evacuation effort, and it's critical the flight attendants are moving people out as fast as they can, and telling everybody to pay attention and kick off your shoes and slide down the chute. according to some of the initial reports we have had, those flight attendants did a remarkable job, and now the question is how could this have happened? this is on f-34 right at the busiest airport in tokyo, and the coast guard plane was lining up to depart on the same runway

this plane was coming in on, so was that plane -- was the coast guard plane, did he get too far out ahead of where it should have been? that's where the investigation is focusing on now. >> jeff, follow-up on that, because we have had so many of these near misses in the last year alone, and tom has been reporting for us continually on that throughout the year. what is going on with the traffic control? >> certainly this was a runway incursion is what the faa would call it, and it happened in japan and they have an air traffic control system, and i don't know if it's fair to make comparisons with the u.s. air traffic control system and the japanese one, but it's going to be a concern in the investigation for the performance, what was the ground surveillance radar doing, and what knowledge did the

controllers have in both positions of the aircraft, and did each follow the instructions, and you will be sure the u.s. is interested in what comes out of this, because the u.s. is experiencing its own spate of these types of incidents. it will take a while for the japanese independent aviation authority to get to the bottom of it. >> does the u.s. play any role here, tom, given -- >> yeah. >> -- i don't know what kind of plane -- >> this was an airbus a-350, so it's european, and we know the japanese already consulted with airbus and the european partners, and they will all be investigating this. english is the international language of air traffic control, and i listened to part of the conversation -- >> were they speaking english or japanese? >> they were speaking english, and even though these were two japanese pilots and flights, they were speaking english, but it was not crystal clear, i will

tell you. i couldn't understand everything that was being said in english. we will have to listen to all of the radio channels to see precisely what was said or not said or where the misunderstanding may have been. clearly, as jeff mentioned, this appears to be a runway incursion, and this is exactly what the ntsb and faa have been warning about. we have had, as you mentioned, so many close calls already at american airports and in american skies, and they have been desperately afraid that would lead to this kind of disaster, and everybody on the commercial flight survived but five on the coast guard flight perished. >> you have to assume people took the instructions literally and listened to the flight attendants. >> there's a cultural difference. the japanese are known for

adhering to the rules and following instructions, and if that is what happened in this case, there's a reason why they all got out alive. >> you hate to generalize, but there's also a culture of just healthier eating and not as many people who might have been overweight and blocking other people from getting out. >> on the u.s. crash, you are talking about in 2016 in chicago? >> right. >> yes, that's true, we did have people despite from the instructions from the flight attendants, leave your bags in the overhead bins, but people needed their overcoat or their briefcase, and that delayed things. turning back to breaking news moments ago, officials in rochester, new york, gave an update on the car crash that

left two dead, and a large number of gasoline canisters were found inside one of the vehicles. the suspect is now dead. joining us now, tom winter. thanks for joining us today. what have we learned. that much gasoline and canisters is suggestive of something sinister, but they don't have a motive and they don't know what it is, and is the fbi involved in the investigation? >> they are. it's not unusual, because as you eluded to, the presence of the gas canisters. a dozen or so found in the car, and we are looking at the fire that occurred after the crash, and it took firefighters almost a an hour to put it out, and it's important for people to know the presence of gas canisters doesn't imply a bomb.

there are particular things that need to occur, and jim cavanaugh was eluding to earlier, to use gasoline in combination with several other things, and not to give people ingredients of making a bomb of that type i won't go further, but according to all the law enforcement officials we have spoke with, there's no indication this individual espoused a particular ideology, whether it's far left or far right or a designated foreign terror organization, and they do have writings from him left behind from a hotel room they searched last night, but so far those have not provided any specific motive. family members were interviewed, and they expressed he could have mental health issues but he apparently never sought treatment for those because

there's no record of that, andrea. i think it will take time. the key question has been addressed by officials which is could there have been anybody else involved, and could this be tied to a larger plot, and they said that's not the case either. obviously given the environment we are in, and given the fact that this occurred on new year's eve, and you are looking at the kodak center, and there was a concert taking place and letting out at the time of the crash, and it has folks certainly concerned and that's the reason why there was the robust investigation that there was. >> tom, thanks again. up next, trump trials as the new year begins. we will take a look at where all the cases against the former president stand. we're back in just 60 seconds. you're watching "andrea mitchell reports." this is msnbc. ask about nurtec odt.

now the latest on donald

trump's legal battles. he is appealing a decision by colorado's supreme court to keep him off the ballot to the u.s. supreme court, and also expected to appeal a similar decision by secretary of state of maine on different grounds. similar challenges are playing out in other states with courts in michigan and minnesota affirming donald trump's right to run. this comes one week before a federal appeals court will hear arguments on trump's claim that he is immune from prosecution in the federal election interference case because it was done while he was president. the u.s. now is about to talk about all of this is barbara mccade, a former u.s. attorney who is now a law attorney at the university of michigan. you must be riding high after last night's thrilling michigan

football game. >> still giddy. >> pandemonium. i know you are a huge football fan, as am i. it was a great game. and also, what is the name of your book? >> "attack from within." >> can't wait to see it. donald trump's main argument for presidential immunity in the election interference case is he cannot be tried for crimes he was acquitted on in the impeachment process. what do you make of that defense? >> that is going nowhere. the double jeopardy clause says it cannot be held twice in jeopardy of life or limb. you can't be tried criminally for the same crime more than once, but what happened in the impeachment proceeding is a different political proceeding from a criminal case. i think that one goes nowhere very quickly.

>> what does it mean for the presidency if the courts were to side with donald trump on this issue? >> it would be a very challenging way to look at the presidency going forward. the idea that he is not able to be charged criminally, that he is immune from criminal prosecution, i think jack smith said it best in the filing over the weekend where he pointed out the absurdity from the result if donald trump prevails in his argument, and he talked about how a president could accept bribes while in office, and could order an assassination of his enemies while delivering the state of the union address, and that's saying if the president cannot be charged while in

office, the rule of law means he be treated like any other person, which is they must obey the rule of law. >> of course, while some of us were taking a break, the supreme court kicked this back to the appeals court, not accepting jack smith's argument for a speedy review to jump past that appeals stage. it has to go through the appeals case and will be argued next week. what are the chances it will be decided and still one side or the other will appeal and get to the supreme court and then be decided for the trial to start on march 4th. >> i would be surprised if they were able to beat the march 4th date, and jack smith wanted to leapfrog the court of appeals, and the supreme court denied that motion but it did jump-start the court of appeals.

the court of appeals set an expedited briefing schedule, and they are hearing oral argument next week which is quick for a court of appeals. they can render a decision quickly, and i am sure it will go to the supreme court for further disposition. importantly, while that case is pending, there's a stay in the trial court which means that all of the things that would ordinarily be occurring right now like pretrial motions and exchange of discovery material and sending out questionnaires to prospective jurors is all delayed, and i don't think the case will start march 4th, i think a case starting in june is very reasonable. >> let's briefly talk about the 14th amendment, because maine and colorado dealt with it differently, and other states rejected this 14th amendment argument. the supreme court will have to deal with this. what is the likelihood that

chief justice roberts will try and avoid a political decision like bush v gore? >> there are competing scholars about the applicability of the 14th amendment to bar donald trump, and it says anybody that engages in an insurrection is not eligible to hold office, and it seems clear on its face, but there are tricky views at play, and for example, is the president an officer of the united states? it seems obvious, but it says who has taken an oath to support the constitution, and the president swears an oath to protect, preserve and defend the constitution. that's a potential off-ramp for

the textlists. so then it's not self executing, and i think one of those ways out seems most likely to me. whatever they do, they need to decide this case quickly because all of these states need to print up the ballots for the primaries. >> what a complicated situation. barbara, thank you for sorting it out. the book, can't wait, "attack from within" upcoming. >> thank you. >> you bet. coming up, new details about what israel is planning for gaza after the war, the war against hamas which is continuing and will for months according to bibi netanyahu. you are watching "andrea mitchell reports." stay with us. eports." stay with us every breath matters. don't let rsv take your breath away. protect yourself from rsv...

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-hey, your mom and i procreated to that song. oh, ew! i think you've said enough. why don't we just switch to xfinity like everyone else? then you would know what year it was. i know what year it is. in the israel-hamas war. israel saying its navy, aerial and ground forces carried out new operations targeting hamas in gaza. it will withdraw five military brigades in gaza, and this is all happening as israel's supreme court struck down a key part of prime minister netanyahu's overhaul of the

system that sparked protests in the country. joining us from tel aviv is matt bradley. israel's cabinet is meeting tonight about postwar plans. those plans differ greatly from what the white house has been proposing. >> reporter: yeah, andrea, they will be meeting this evening, and what they will discuss, as you mentioned, a crucial element of this whole thing. what happens to the gaza strip after israel achieved its goals, which are destroying hamas? hamas has been running the gaza strip since 2007, and without them who will govern this almost completely destroyed enclave of the palestinians south of where i am here in tel aviv?

we understand the united states would like to see where they have proposed to the palestinian authority, they might be put in control of the strip, and israel doesn't agree with that. so they probably wouldn't necessarily do, and that's what the israelis are saying and many palestinians say. instead it looks like the cabinet would be considering options to have families or palestinian clans running parts of the gaza strip. again, this is from my colleague josh letterman reporting from sources within the government in israel here. so far we have seen the israelis pummeling the gaza strip, and nearly 22,000 palestinians have been killed and doesn't seem to be letting up, and people around the world and from the west even

as they call for a cease-fire for israel to let up on the punishment of gaza, many civilians, many are children, and they are wondering what the end game looks like. there are many questions around that. this gets us one step closer to a glimpse at the light of the tunnel, what it would mean for israel to stop its bombardment of the gaza strip. netanyahu said this could go on for the duration of 2024. while it's a crucial question, it could be a long way off, andrea. >> yeah, a lot of american analyst and people around the world questioning whether israel can achieve that goal of eliminating hamas, whether that's even a possible goal. matt bradley, thank you very much. joining us is john spencer, chair of urban war studies.

you were recently on the ground in israel. what was your takeaway? when i talk to former military officials here, they tell me they do not think the idea is pursuing this very tough challenge, urban warfare, what we had in fallujah and other terrible areas that went on for months, and not only is it attacking an area but holding it and separating the civilians from the terrorists and holding that area before they move on. >> yeah, it's interesting, and some of what israel is basing that on from what i got on the ground, including the modern battles, is israel is facing something nobody else has faced,

especially the under ground world. on that clear build and hold concept, i think israel is still in the phase of clearing urban terrain, dense urban terrain. there's 129 hostages that have not been discovered and still hamas leadership has not been killed or captured. in northern gaza, and i think it's a signal of these forces being reduced in that area where the area has been cleared, which is leading to the conversations, but this is not one city, which is really hard to compare past urban battles for a single city, and if you take gaza right now, major sections are cleared and that's why you can reduce some of the forces in that area, and in that area to include the holding operations and the rebuilding operations to

potentially start, and while there's high intensity fighting block by block and tunnel by tunnel in other areas of gaza in places where hamas strongholds continue to include launching rockets, and that is putting more palestinian civilians in danger in tel aviv and other cities. >> it does seem in conflict with their decision to pull back five military brigades and still preparing for a long fight. it's affecting the economy to have so many people out of their regular and domestic jobs? >> absolutely. the strain is substantial, the biggest call up in reservists in idf history by the numbers. that takes a toll on the economy, and i felt that when i was in israel, and there are still many civilians that can't

return to their village in the north and south of israel. that's a sign and one of the reasons why the five brigades will be reduced down, and more it's a signal where you assign geographic areas of gaza to a division or brigade, and in some areas those areas have been cleared of hamas militants, and can you send those personnel back to the economy and give them rest and time with their families and then -- this is also a signal where they might have to rotate forces. even the battle of masule, we saw rotating forces in the nine month battle over one city. >> thank you for your expertise. we appreciate it. thank you, sir. next hour i will speak to mark regev about the state of

the israel-hamas war. up next, all eyes on the hawkeye state with two weeks to go until the iowa caucuses. we will talk about what voters are saying about the state of the race. stay with us. this is "andrea mitchell reports" on msnbc. reports" on msnbc. p, it's got to be tide.

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join the millions of people taking back their privacy by downloading duckduckgo on all your devices today. from the iowa caucuses and former president trump is leading the pack by a wide

margin, as he as all year according to the latest iowa polling. ron desantis and nikki haley are nearly tied for second place. joining us from iowa, former communications for jeb bush's 2016 campaign, and also an msnbc political analyst. what do you expect in the final stretch as we have two weeks to go? >> reporter: with 13 days to go until the caucus, it's surprising not all the candidates are hear today. ramaswamy will be replicating senator grassley's tour, and he is showing how much he is going in on his ground game in iowa. the other candidates have been spending big on the airwaves,

and we will see nikki haley and ron desantis and former president trump back in iowa throughout the week, and not lot of ground game presence here in the state today given the tight timeline. that could be something that stands out to iowa voters. as we know, caucus voters are very involved and very into the retail politicking, and campaign reporters spoke to some of the voters about how important it is to hear from the candidates? >> we are referred to as a flyover state which being an iowan, i don't agree with that. there's a lot of difference between city thinking and rural thinking. >> we want to see the people. we want to see the candidates just to reassure ourself. we take this seriously, so that's why they have to be here.

>> reporter: it's safe to suspect that over the next week it will be busier here in iowa, and until then the next time they can do a compare and contrast will be on the debate stage, and with ramaswamy out bashing cnn saying he will do his own live streaming event instead. ramaswamy did not qualify for the debate, and so it's like he is trying to get out ahead of the opportunity to appear before voters just days before the iowa caucus, andrea. >> thank you. now, that sums up the desantis campaign, he's betting on iowa

to keep afloat. does he have to be a strong second in iowa? >> yeah, he has to narrow that gap. there's not really any example on the republican side, at least, in history of somebody failing in the first two states and then coming back to have a huge win, and desantis has this massive gap. for a historical perspective, the biggest republican iowa caucus win ever was bob dole in ' 88. desantis is losing by 36 points to donald trump. that's three times more than the biggest landslide in iowa caucus history. you know, he could out perform his polls and close the gap, but what you are looking at now based on the numbers, if they are even close to what the numbers end up being on caucus

night, donald trump will have a historic landslide victory, and i don't know why ron desantis would be going forward. >> steve scalise just endorsed donald trump. no big surprise there. let's talk about nikki haley who had momentum going and then stubbed her toe on the question in new hampshire about what was the cause of the civil war, and she never mentioned slavery and then tried to fix that, saying, well, of course it's slavery, that's a easy question having said earlier that that was a hard question as to what the cause was. she's a southerner who got a lot of credit for taking down the flag at the state capitol after the tragic racist killer in mother emanuel church. is this a big issue for her in

new hampshire with independent voters who can cross over? >> conceivably. i think you never want to gaffe on the slowest news week of the year, so that was bad for her and the answer was disastrous, and it was a bad answer she gave 13 years ago, and it's taken over a decade and she has not cleaned up that answer. and new hampshire in theory should be a better state for the nontrump candidates because more people can vote, and historically we have seen moderate candidates like mccain win in new hampshire. with chris christie in the case, you can see some of the voters there deciding strategically who to vote for. and some say if she's so extreme on the abortion issue, and i

think that could hurt her there. one quick thing on the endorsements. nikki haley has two endorsements from sitting congressmen or governors, and donald trump has over 120. there's a lot of discussion about what the old establishment is going to do and if nikki haley can get any momentum. and nobody that is an elected official is doing anything to help her, and everybody is lining up behind donald trump. >> thank you. breaking points, cities like chicago and new york putting new rules in place to slow down the daily arrival of migrants from the border, and how texas governor abbott seems to be sidestepping those rules. you're watching "andrea mitchell reports."

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the urban rules. joining us outside the hotel in new york city, antonio, this is just a tragedy for everyone concerned? >> reporter: that's right, andrea. and new york has an entire network of nonprofits, city officials, lawyers, that really pushed to support all of the people arriving at times in past, chaotic hours into the night here in the city. and we've seen thousands upon thousands of people arriving each week recently setting records. at one point, about 14 buses arrived in one day and that led our mayor eric adams to institute a new executive order which is aimed at stemming the flow and allowing them to be more organized. so, what it looks like these buses need to give 32 hours' advance notice. they can arrive between 8:30 and

noon and have to go to the port authority. but as we see, some of these buses doing work around, dropping people off in suburbs or new jersey and leaving the migrants to fend for themselves. our colleague george sole lease spoke to the pizza shop owner who operates the hotel andel he himself is an immigrant. take a listen to some of his words. >> these are people that used to work, wherever they came from, it's not easy for them to leave and come and cross the border. somehow, somewhere, they hope there's an end at the end of the tunnel. there is something there that we see. but we've got do something with the time. if you're putting them six months, nothing to do, all bills paid, it's a problem. >> reporter: and it's hard to see a real end to this, when we look at what's happening in texas. they are in the new year, going to be implementing this new law

that allows authorities to arrest anyone suspected of illegally entering their state. they're being threatened by the justice department but greg abbott, their governor, says they're going to be fighting their way all the way up to the supreme court potentially. now, as you look at the families here in new york doesn't look like any of this is ending anytime soon, andrea. >> antonia hylton, thank you very much. now to capitol hill where lawmakers return next week, and they've got a lot to do in a short amount of time. the big items keeping the government running past a january 19th deadline and february 2nd deadline. two deadlines at the end of resolutions and funding for ukraine which is held up by republicans who want tougher border security measures as well as funding for israel. with us to talk about this is jake sherman, founder of punchbowl news and msnbc news contributor. good to see you, happy new year.

>> happy new year. >> not a happy new year for members of congress. what i don't see, i don't think there's been a break for negotiators working through the holidays. trying to come up with a border solution. a border solution that will likely not make the progressive wing of the democratic party happy. >> well, there's no solution, andrea, no movement on the border, there's been very little movement on solving the government funding about 17 days away from a government funding deadline. and congress doesn't come back in next tuesday. so congress' plate is very full. they have to come up with how much money, how much money the government is the going to spend. and there's also talks in the ♪. but those talks don't include the house of representatives. even if they come upith a package, they have to find a way to get it to the senate and to the house.

to that end, andrea, speak are mike johnson is in at the border. >> i think we may have lost jake. if we can try to get jake back. because the other big issue, of course, that congress has to deal with in the coming days is to prevent a partial government shutdown in just 17 days, so as jake and i were just discussing, you have to figure out how to avoid a shutdown. a lot at stake. for mike johnston, new speaker of the house. jake, do we have you back? >> i'm not sure what happened. it's maybe an internet goblin. but johnson is going to be at the border with 16 republicans, touring the border, which congress has been harping for a long time, congress needs to get a solution on the border on these issues. and all of these issues, ukraine, all wrapped up in the

border crisis. none of these issues are easy on their own, but put them together, they become incredibly intractable and difficult. >> it's a major at the time for the new speaker. it's a major test for the senate and white house in the election year, because there's going to be a big split in the party no matter what happens. there's going to be changing to refugee and asylum rules that are international rules. jake sherman, to be continued in the new year. and thank you very much. still ahead, i'll be talking to the ambassador mark regev. a senior revis to benjamin netanyahu now. what appears to be a new phase in the war with hamas. stay tuned we're watching "andrea mitchell reports" for the second hour coming up. hour.

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