welcome back, everybody. it is 11:00 a.m. in the east. 8:00 a.m. pacific. i'm yasmin vossoughian in for jose diaz-balart. dozens are dead in two explosions that went off as thousands gathered to remember the assassination of a former iranian military leader killed in a u.s. strike in 2020. meantime, new fears of an escalation of the war after the assassination of a top hamas leader in beirut. israel is not confirming it was behind the attack, but says it is, quote, prepared for any scenario. back here at home, former president donald trump's lawyers filing a challenge to maine's ruling that he's ineligible for the 2024 primary ballot.

on capitol hill, senators negotiating a deal on the border as house speaker mike johnson and fellow republicans are set to visit the border this afternoon. we want to begin this hour with that breaking news out of iran. more than 100 people confirmed killed. iranian officials calling the explosions a terrorist incident. want to bring in now tehran bureau chief ali arouzi who is live for us on the ground in tehran. we spoke last hour, what updates are we getting this hour as to what may have taken place and who is behind it? >> reporter: hey, yasmin, so we know there were two explosions about 15 minutes apart from each other at 3:00 local. the death toll keeps rising. right now saying at least 103 people have been killed, and over 210 people have now been

confirmed injured at that blast, went off near a cemetery in iran where that ceremony was being held to mark the death of soleimani in 2020 by a u.s. drone attack. state media saying there was one explosion and second one during the ceremony in southeastern iran. and then the first blast struck about 2,300 feet from soleimani's grave. so they wanted maximum impact. what we're also learning, yasmin, no government officials or military officials were actually inside the cemetery. the explosion happened just outside the cemetery and state media saying that all the people, many of the people that were injured and killed were civilians and including women and children. now, again, according to officials, the blasts were caused by terroristic attacks. there have been some conflicting reports on how the blast went off, but we're hearing from most

officials now that it was a suitcase that was laden with explosives that was detonated remotely. now, officials here, yasmin, are starting now to weigh in on who they suspect was behind this and unsurprisingly, they suspect israel. you have the former head of the irgc blaming israel, and he's saying they should now wait their imminent destruction. very senior member of parliament here just moments ago before we came on air said that he doesn't have all the information right now, but the attack bears all the hallmarks of a mossad operation. he said especially as it wasn't a suicide bomber and it was a remote controlled explosives. and also i can tell you, just before we came on air, a crowd of several hundred people, maybe more, have now gathered at the cemetery where soleimani is

buried and they are chanting death to the usa and death to israel. so, clearly people have already made up their mind who was behind this attack before any official investigation has reported its findings. >> my gosh. a lot to dig through there. ali arouzi for us, thank you, appreciate it. from iran to israel. at any moment the head of the iranian-backed militant group hezbollah is set to give a televised speech marking qassem soleimani's death and it is closely being watched to see if he addresses the strike in beirut who killed the second in command and leader of the military wing on tuesday. he's the most senior leader of hamas to be killed since the october 7th attacks in israel. israel has not claimed responsibility for the strike, but nbc news learned that israel did not notify the u.s. in advance of the attack, but did inform washington as it was under way, according to two u.s. officials, u.s. defense official, and a person briefed

on the operation. with the strike taking place in lebanon, there are increased concerns that the war between israel and hamas could lead to escalations with hezbollah. want to bring in now from tel aviv matt bradley who has more on this. you were, for some time, in lebanon, and we were on the air together the last time, matt, nass r nasrula made an address. >> reporter: you know that when we last spoke there were a lot of expectations too. high sky expectations that he would use his speech and there were two speeches but the first one followed weeks of silence, unusual silence from the head of hezbollah as people throughout the world were wondering whether hezbollah was going to weigh in and fully bring itself into the war with israel. that was months ago. and hezbollah did not do that.

and there was a lot of provocation, a lot of reason that they could have done so. the whole region was calling for them on some level to do so. and they didn't. and there is a lot of speculation here that even though there is this inflammatory attack that everyone here is blaming on the israelis, that hezbollah still might try to step back from the brink and not try to enter into a full-on war, because the lebanese people can't afford it, in the fourth year of a financial crisis, and because it would just be such an inflammatory, such a horrific event that would drag the entire region into war. now, we got to remember, yasmin, this looked really threatening last night when it seemed as though this was an israeli attack that would be answered by hezbollah. now, as ali arouzi just explained, we have that huge twin bomb blast in iran. that makes this whole thing look even more threatening. qassem soleimani, the man whose grave all of these people were surrounding to see the man who

was killed by u.s. air strike four years ago, you know, he would have been the man who would have been coordinating all of these different iranian-backed groups in this fight just today. the so-called iranian axis of resistance. in fact, this is -- what we're seeing today with hezbollah, with the houthis in yemen, with the iran-backed groups in iraq, who are taking pot shots at u.s. military bases, this is the fruition of all of qassem soleimani's life's work, to bring together all of these disparate nations, and militant groups and have them act in concert. ever since october 7th with the hamas terror attacks on israel, we're seeing for the first time all of these iranian-backed groups all acting as one in concert attacking u.s. and israeli targets throughout the region and that's why these two major events, two deadly events in just the last two days, is so threatening and is bringing the whole region ever closer to the

brink of war. so, the world is going to be watching very closely to see what he says. it is unclear whether he would declare war in a speech like this or whether it is possible that something could simply break off as he's speaking or whether he might engage some kind of feint where he doesn't declare war and his men do so or attack israel in southern lebanon on the ground. there are so many issues on the table and that's why this is such a very interesting, fascinating and also fearful event that is going to be coming up in just the next couple of minutes. >> matt, i know you'll be watching this for us. keep an eye out. let us know what he says and we'll get you back on if we need to. matt bradley, thank you. want to bring in general barry mccaffrey, retired four star general and msnbc news military analyst. a lot going on here. if you will, put it together for us, right. you have this assassination in beirut, lebanon, this top hamas leader, israel not taking responsibility with saying they

let the u.s. know from our reports as it was happening. so, fingers are pointing towards israel. you have twin blasts in iran and iran already made its decision as to who is responsible for that. no one has taken responsibility. no evidence to suggest anybody is responsible as of yet. but all that being said, amidst this war and knowing all signs, all roads lead back to iran, what are you most worried about? >> it sure is a perilous mess. in my estimation, the assassination by israel of seven senior hamas leaders inside lebanon, beirut, was a provocative act that plays into the hands of hamas. decapitation of these leaders was clearly understandable on the part of the mossad and idf who carried out the operation. but it is most likely to lead

toward the thing israel most fears, which is the engagement of hezbollah, 100,000 fighters, a massive rocket force, on northern part of israel. israel, right now, under intense international pressure, to include growing amnesty from the united states, from the democratic party in particular, is trying to disengage in gaza. they announced they're going to pull five brigades out of gaza, trying to send them back -- they were reservists, send them back into the economy. so, to some extent the action by israel did not lead to their greater security. the attack in iran, hard to imagine that's israel. i don't believe that. that will turn out to be some faction inside iran. they have lots of enemies. they capitalized on the ceremony

around soleimani's grave. by the way, that operation, i also did not agree with. we killed him on the ground, in iraq, with a u.s. drone strike. so, it may have been, you know, rewarding for somebody who had been a major agent of attack on u.s. interests, but on the ground in iraq, doesn't make much sense. >> it is interesting you say that. it is something i've been thinking about. i've done extensive reporting in iran and israel as well, and thinking about israel carrying out a domestic strike inside iran seems incredibly far fetched, knowing the consequences of doing something like that on a day like today, the commemoration of the killing of one of their kind of more revered generals. >> yeah. indeed. plus, the attack apparently didn't really target iranian senior officials. it got a crowd outside the cemetery. so i think that will not turn out to be mossad, though they may well get blamed for it, so

it is another incident of grave concern. look, the war in the middle east is on the verge of going catastrophic. the biden administration has been very clever, very dedicated to try and prevent that from happening. so far, so good. but i think netanyahu now is in a position where continued high intensity combat operations against gaza have got to end, the u.s. support for israel, with tank rounds, artillery ammunition, air to ground munitions is going to grind to a halt if the humanitarian crisis on the ground in gaza worsens. i had some hope that, you know, israel announced they're going to end their 16-year naval blockade of gaza and start bringing in humanitarian supplies, staging them out of cyprus. hopefully that will begin to happen. but i think the humanitarian

crisis in gaza is real, it has got to be addressed by israel, and its arab neighbors, egypt, jordan, saudi arabia, where are they? >> general barry mccaffrey, as always, thank you. appreciate it. want to bring in now here in studio is the outgoing editor in chief of the jerusalem post, avi mayer. the last time you and i spoke was the days after october 7th. i know you've been through a lot in the last few months amidst this war. i want you first to react to what the general was just talking about and what you heard him say there. >> i think he's right. certainly with regard to the attack in iran, it does not bear the hallmark of an israeli incident. israel does not target innocent civilians at funerals. it is just not what israel does. i think it is fairly clear that's not what was happening. as for the strike in lebanon,

again, indications are that this was israel, has not taken responsibility for this strike. if we talk about provocation and escalation, the provocation and escalation was october 7th when hamas perpetrated the worst massacre of jews since the holocaust, abducting, mutilating, raping. that is the very root of everything we're seeing today. and so whether or not israel carried out the strike in beirut that took out the senior hamas leader, israeli leaders have said no one who participated in the october 7th massacre will be safe. >> but going after a hamas leader in beirut, in lebanon, and the general who said it doesn't necessarily think it was the right calculation made by israel, that's what the general just said, it does seem somewhat of a provocation when it comes to hezbollah. they said they don't want to get involved in this conflict. now we wonder will they change

their mind that a strike has happened in beirut, in lebanon. and he was providing safe harbor for this hamas leader. >> the notion that hezbollah isn't already involved seems somewhat far fetched. hezbollah has been engaged in combat since october 7th, firing rockets into northern israel. northern israel has been depopulated. whether hezbollah now uses this as a pretext to further intensify its attacks on israel remains to be seen. but hezbollah as an arm of iran has been involved in this from day one and will likely continue to be so long as iranian sponsors it and it is able to do so. >> you have been on the ground there for quite some time, you live back and forth between there and here. i want to talk about the sentiment on the ground. we know the humanitarian crisis is happening on the ground in gaza. 20,000 plus people have been killed, as has been told by us

by the gaza health ministry. many folks dispute those numbers, but nonetheless, women and children are dying and women and children died on october 7th as well, which we know. what is the sentiment on the ground in israel watching these images knowing what is happening with this war and the continued strikes in gaza? >> i think for many israelis the images coming out of gaza are heart breaking. no one wants to see women, children being killed, of mass destruction. israel did not want this war. this was a war launched by the atrocities on october 7th, a calculated move by hamas to perpetrate that massacre. and everything that has ensued has been the result of that attack. hezbollah, along with hamas, have embedded themselves amongst civilians, hamas does this as a matter of practice. it is not a glitch, rather a feature of how it operates. when you see this mass destruction in gaza, it is important to understand that is

hamas' action, that is what it wants to see happen because it embeds itself among civilians in order to win either way. israel doesn't strike, in order to spare civilians, then hamas wins because it isn't being responded to, and if israel does strike and civilians are killed, israel is blamed for having done so. it is heart breaking to see the images, it is also important to see it in context and realize it is part of hamas' game to hold israelis and hostages to its agenda. >> 15% of israelis want prime minister netanyahu to stay in office. he wasn't popular before this war began because of his judicial reforms, some of which have been overturned by the supreme court two days ago. and he's not popular now. how long does he stay? at what point do they say you have to go, even during this war time? >> i think it is unlikely that

we're likely to see a transition in power during the war. we know the war could continue for a while. it is possible the prime minister may stay in office for quite some time. but as you said, he is becoming deeply unpopular. he's one of the only israeli leaders who has not taken personal responsibility for the failures of october 7th. he may feel that taking responsibility is a sign of weakness in the perception of many israelis. it is his inability to take responsibility that is actually projecting weakness. if you were to say, yes, i like the rest of israel's leadership and the rest of the establishment do bear some responsibility i could help perhaps reinstate his stature in israeli eyes, but at the moment, it does not appear as though he is going to last much longer after this war. >> avi mayer, thank you. up next, former president donald trump faces a slew of legal issues winding their way through the legal system right now. what our next guest says will happen if the courts do not step up their pace. we're back in just 60 seconds. you're watching "jose diaz-balart reports."

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welcome back, everybody. former president donald trump appealed the decision by maine secretary of state that he is not eligible to appear on the state ballot because of his role in events leading up to the january 6th attack on the capitol. the secretary of state saying the maine superior court is expected to rule by january 17th, coming as colorado's secretary of state filed a brief with the u.s. supreme court urging it to take up the colorado republican party's appeal of a state supreme court ruling, barring trump from that state's ballot. with us now to talk more about this, nbc news correspondent garrett haake and joyce vance, a former u.s. attorney who is now a law professor at the university of alabama, also an msnbc legal analyst. garrett, talk about this appeal, the argument being made by the former president and his team. >> the trump team makes several arguments in here including that the maine secretary of state is biased against donald trump, based on comments she made previously and she have recused herself. they say she didn't follow due

process, going through the process that ultimately led to her decision to keep him off the ballot and that in fact they argue she didn't have the legal authority, the constitutional authority to do so. and they want to see this settled by the courts. the secretary of state appeared on this network earlier today, seems to suggest she agrees with at least part of what the trump team says, that this is something that the courts are going to have to weigh in on. listen to what she told us. >> the proper process is to follow the rule of law and that is what i have done. i have done my duty under the constitution and it is now in the hands of the courts and then i will implement whatever the courts direct me to do. that's what we do in a democratic republic. >> and as for the timing of the court's decisions on this, it is a little bit of an open question. but i think we are moving in the direction that seems irreversible now toward the supreme court settling all of

these state level ballot issues. >> do any of these arguments have any legs from the former president? >> right, so, i think the interesting problem here is that there is this convergence of state election law and federal election law. state officials like in maine, shannon bellows, have to decide whether a candidate is qualified to appear on their ballot. the question of federal law is the interpretation of the 14th amendment section 3, which, of course, bars people who have participated in insurrection from holding the office of president. so, while maine officials are entitled to decide their own issues of law and that's much of what trump has raised, he's challenged, for instance, the process the secretary of state used, that's the process authorized by maine law. ultimately, though, this will have to go to the supreme court for clarity on what the 14th amendment itself means. >> he filed his appeal as we're

talking about this, joyce, when it comes to maine, but not yet appealing the decision in colorado despite the fact that the gop colorado party has in fact appealed. why do you think that is? what is he waiting for? the deadline is coming. >> yeah, we may well see that appeal filed today or they may have made a decision to let the republican party in colorado, which has already asked the supreme court to hear that case, to stand in as a place holder for trump himself. that filing by the republican party in colorado is enough to keep a stay in place, which means that trump's name remains on the ballot. and there is also a little bit of a political calculus here. trump really has nothing to lose in colorado, where he's expected to lose all of the electoral college votes in '24 as he did in the last election. but in maine, because they have a different sort of a voting system, trump won one of that state's electoral college votes and it may be too important to

let that state go. >> with all that being said, we're coming up on the primary calendar here a lot of things are goingo collide for the former president. >> yeah. that's putting it mildly. we'll see some of this as early as next week when donald trump is expected to attend the closing arguments of his civil fraud trial, four days before the iowa caucus. the idea that you would be in new york and not iowa four days before the caucus would sound crazy in any other election year. but that's just the tip of the iceberg for all of the legal challenges he's going to have throughout this year. now, most of them would come on the calendar after his team believes he might have wrapped up the nomination. the other big one i'm circling is the idea that the election interference case jack smith case here in d.c., could start, could start and it could also be pushed back the same week as super tuesday. so, yes, massive series of trains potentially colliding here for the former president and his legal and political calendars overlaying the months ahead. >> i heard a lot of coulds, i heard a lot of maybes, should

have, would have, could have. >> i don't like to make predictions when trials start. i'm more comfortable on the political side making predictions than the legal side. >> i need facts. garrett haake, thank you. joyce vance, stick around for a little longer. we have a lot more to talk about coming up. we're following breaking news out of new jersey, right now police are investigating after an imam was shot outside a mosque in newark. i want to bring in tom winter to talk more about this. this is happening in the last hour or so. what do we know, tom? >> you're looking at the mosque there, outside of it, according to the safety director, at approximately 6:16 this morning, the imam was near or at the mosque when he was shot. what we don't know right now is what the potential motive may have been for the shooting. that's something that law enforcement is eager to figure out themselves, why this could have happened, was this individual shot because of their faith, because they're a leader in that community, or were they

shot because this was a robbery attempt or some other crime. that's what's trying to be determined at this point. the former lieutenant colonel of the new jersey state police, new jersey state police are headquartered not all that far from where this is. between the two, they have a robust intelligence and terrorism and information gathering network, they'll work hand and hand to try to determine what happened and if the potential suspect of this shooting is somebody who is known to law enforcement and what their background and intentions might be. at this stage of the investigation, it is too soon to say why this happened, we do know the imam according to police was taken to university hospital in newark and is in critical condition at this time. so, that's where we stand in this investigation. >> thank you for staying on this, tom. appreciate it. coming up next, we're going to talk live to democratic congressman ro khanna about his border negotiations going on right now on capitol hill. you're watching "jose diaz-balart reports." we'll be right back. atching "jo diaz-balart reports. we'll be right back. in real time. (jen) so we partner with verizon.

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welcome back, everybody. to the latest on the humanitarian crisis at the southern border. two homeland security department officials telling nbc news border patrol agents have seen a decrease in the number of migrants crossing the border since the beginng of the year. on new year's day, it was down 8,000.he 21-day average of just this morning, former president dald trump writing an op-ed for the des moines

register outlininghat he would do to secure the border and promised that on my first day back in office, i will terminate every open border policy of the biden administration, and immediately restore the full set of strong trump border policies. it is coming as senior administration officials say it will reopen for border crossings that have been closed. mike johnson, dozens of house republicans will get a firsthand look at the situation today when they visit eagle pass, texas. all while back on capitol hill, a bipartisan group of senators continuing to negotiate a border security and immigration deal. with us now from capitol hill, nbc news senior national political reporter sahil kapur. we got a couple of things going on capitol hill as they're resuming work, sahil, and we have these immigration negotiations, security negotiations, keeping the government open, hopefully, right, and then you have these efforts wrapping up now to impeach secretary mayorkas. >> reporter: that's right, yasmin. there is still no deal yet on

the immigration front, we know that three key senate negotiators, murphy, lankford and sinema met yesterday in person. they have been quiet about the details, but generally we know the parameters of the conversations. they have agreed to raise the standard for asylum seekers to come to the u.s., still stuck on the parameters of things like expulsion authority, deportations from the interior and how much discretion to give the president on these enforcement matters. one person within the room with them yesterday was homeland security secretary alejandro mayorkas who is there to offer technical advice. he sounded optimistic this is headed toward a good place. let's play what he said on "morning joe." >> these are earnest, hard working efforts to tackle a very complicated problem. we have been making progress each and every day. and despite how difficult it is, that progress is ongoing and i

am hopeful that an immigration fix will occur. >> reporter: now, senator chris murphy, the top democratic negotiator sounded a little more circumspect after that meeting yesterday, telling reporters that the deadline has already passed to get a solution, given that ukraine aid is tied to it and the u.s. has run out of money to provide ukraine. he said negotiations have been very difficult, they're doing their best to try to come to a conclusion, he says democrats have put some seriouses offer and concessions on the table and it is up to republicans to take yes for an answer. still unclear whether there is going to be an agreement this week in time for senators to come back next week and review. >> sahil kapur, thank you. appreciate it. want to bring in to continue this conversation california congressman ro khanna, sits on the armed services and oversight committees. as always, a pleasure, thank you for joining us on this. you heard secretary mayorkas seeming optimistic an immigration deal was going to get done. i'm seeing some reports in politico playbook this morning that republicans are saying

essentially a negotiation would be happening in the senate, because whatever hits the table in the house is going to have to get wildly redone. what do you make of that? how optimistic are you that a deal will get done on immigration? >> i have a lot of concerns that it would pass the house. we have not had anyone from the hispanic caucus part of the negotiations. none the latino senators have been part of the negotiations. look, i believe in border security, but what i don't believe is taking away the president's power of parole and i believe it has to be humane. and the relevant people are just not there. the administration will be surprised if they expect the house just to rubber stamp the deal they strike. >> so you're saying, essentially, even if the senate is able to get something passed, and that's and if, is it is going to have to get reworked in the house, which may take some time? >> absolutely. and i -- if you have the chair of the hispanic caucus getting up in front of the house democratic caucus and saying we

weren't involved in this negotiation, we never spoke to someone at the white house or the senate leadership, i don't think you're going to get many house democrats voting for a deal like that. >> so, with that, we know in order to get aid for ukraine, republicans want a deal on immigration. it is a stand still when it comes to this ongoing war in ukraine. how crucial is that aid for ukraine right now? >> it is absolutely crucial. we should have a stand alone up or down vote on the aid to ukraine. and i strongly support the aid to ukraine. but what i don't support is getting rid of the americas commitment to asylum or parole, just to give aid to ukraine. we're not going to compromise our entire values as a nation over that. >> what about a potential government shutdown, sir? you have a lot on your plate as i'm going through this list of things you need to get done as you return from your holidays. hopefully you rested up, we're 16 days from a potential

government shutdown after this ladder passed by mike johnson. what are the expectations to avoid a shutdown? >> we're seeing this drama over and over again and the reality is there was a deal that was struck by president biden, in the previous speaker, speaker mccarthy, about six months ago, that i didn't love, that many people didn't love, it had some spending cuts, but it was a way to fund the government for the end of the year. and all we need do is stick to that framework. the republicans aren't willing to stick to the framework, their own previous leader negotiated. the question for speaker johnson, is he able to get some compromise or have the same blackmail that mccarthy faced. it is an unenviable position. >> is there a possibility we could be headed toward a shutdown here? >> i think there is. i think the question is will speaker johnson do the

responsible thing, like speaker mccarthy did at the end and put the funding on the floor to keep the government open? i hope speaker johnson will do the same thing. i don't know if he can do that and keep his job. mccarthy was unable to do that. and that's just the dysfunctional nature of the republican caucus. they're 20, 30 members who want drastic curts, cuts on pell loans, cuts on home housing assistance, and no one is going to go for that on the democratic side. >> congressman, i'll let you go. you got a lot of work to do, sir. thank you for your time. appreciate it. coming up, what is next for harvard now that its embattled president resigned over her handling of anti-semitism on campus and allegations of plagiarism. what the community is saying? you're watching "jose diaz-balart reports." we'll be right back. watching " diaz-balart reports. we'll be right back. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ with nurtec odt, i can treat a migraine when it strikes and prevent migraine attacks, all in one. don't take if allergic to nurtec. allergic reactions can occur,

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welcome back. i want to talk about the new developments out of harvard, where claudine gay has resigned as university president after just six months. it is the shortest tenure in the school's history. her exit coming after she faced intense backlash for her congressional testimony last month about anti-semitism on campus and allegations of plagiarism. i want to bring in now rehema ellis. this breaking yesterday. a lot of folks were shocked when it came to the timing of it all and whys of it all as well. the big question is what happens next. >> i think a debate will ensue around this. it already has been happening. but that's going to continue

with some intensity as alan garber, harvard provost, he takes on the position of interim president. claudine gay goes back to her faculty position at harvard, not being removed, goes back to being faculty and the students on campus and the harvard community are talking about all of this with great intensity. listen to what we heard from some of them. >> i think there was definitely among students a lot of frustration around what was perceived as a double standard. >> i think this is very much about outside influence and the way that it is really pressuring and that's just deeply problematic. >> so problematic and double standard, those questions became overwhelming and to a point where we went from just a couple weeks ago where the harvard board was unanimously in favor of keeping her on, to yesterday where they were unanimously in favor of accepting her resignation. >> a lot to follow there. rehema ellis, thank you.

appreciate it. coming up next, what a new abortion ruling in texas means for women in that state. you're watching "jose diaz-balart reports." we'll be right back. watching " diaz-balart reports. we'll be right back. it's a pretty big deal. kinda like me. order in the subway app today. - it's payback time. all these years you've worked hard, you've fixed it, you've looked after it, maybe it's time for your home to start taking care of you. - we've invested in our home, we've worked on it. - we had a whole lot of equity just sitting there. - you paid down the mortgage, invested in your home, i guess you could say your home owes you. - [narrator] if you're 62 or older and own your home, learn how you can access a portion of your home equity to give you cash. a reverse mortgage can put more money in your pocket by eliminating your monthly mortgage payments, paying off higher-interest credit cards, and covering medical costs. - look, aag can show you how a reverse mortgage loan

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guidance after roe was overturned texas sued the health and human services department after it issued guidance that hospitals are to provide stabilizing care including abortions. back with us to talk more about this, msnbc legal analyst joyce vance. it is centered around this statute, the emergency medical treatment and lor act, the appeals court ruling that the law does not govern the practice of medicine. so, what does it govern then according to the appeals court, joyce? >> right. the appellate court's decision here is that the federal statute governing provision of services and federally funded hospitals doesn't trump texas law. the court of appeals says that this determination about division of medical care is, in the first instance, an issue to be controlled by state law.

doj sued after the dobbs decision, because texas indicated it would not follow guidance. that it had issued, that required the provision of lifesaving care necessary to stabilize patients. we're not talking about voluntary procedures. here, this is about saving lives, the cloud of uncertainty now is over the legality of medical care, is the real problem here. >> so, what you just said, joyce, i think is so wildly important, right? stabilizing care. this is saving a woman's life. so what position, joyce, does this put health care professionals in, if they're saying health care professionals, doctors, nurses are not required to perform emergency lifesaving care? so are they putting it on their shoulders to say this woman needs this lifesaving care, and i'm going to carry it out, despite maybe the law coming

after me? >> in the opinion, the court says that this obligation to stabilize the patient applies equally to the life of the woman and the life of the fetus. and, of course, the problem is that we've seen recent cases like one in texas where a fetus wasn't viable, and a mother's life was in danger. but because there was a cloud of uncertainty over the criminal responsibility of anyone who helped provide an abortion, she couldn't obtain the procedure and ended up having to go out of state. and that's the whole point here when states like texas that are anti-abortion litigate the issues, they're trying to create so much uncertainty that medical professionals won't provide abortions because they face really serious risks of prosecution. >> so, if that's the point, where does this leave women? >> yeah. that's a really good question.

this case will head to the supreme court. it's hard to say how this will look up, you would expect the court would look at the law and uphold its provisions. this is a court that's been hostile to the decision. in dobbs, they said they would leave it to state law, that may end up being the law here, and we end up in a world where your access to medical care depends on where you live. >> joyce vance, thank you. thanks for sticking with us, we appreciate you as always, my friend. next up, everybody, we're keeping our eyes on wall streety the nasdaq is down for a second day, but experts say they're optimistic for the coming year. you're watching "jose diaz-balart reports," we're back. alart reports," we're back [ engine starting ] [ "dancing in the moonlight" playing ] stand out in the new,

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♪ ♪ ♪ ♪ welcome back. it is a new year onall streets right now, markets are th nasdaq had its fir day yesterday since october. there's stillismor 2024,

we're still a couple days if in. "the wall street journal" reporting stocks rose through much of 2023, powered by the rise of a.i. and the economy that all of wall street anticipated that recession agreed was imminent never came. i want to bring in correspondent dom chu to talk about this. we had a rally in markets, dom, leading up to holiday spending, right? spending was at or above normal. you have inflation at around 3%. doing pretty well. but now markets aren't so great yesterday and today. what's happening? >> what's happening kind of a reversion, right, 2023 was about that big game in technology stocks like apple, microsoft, alphabet, the parent company of google. meta platforms which owns facebook, of course. there's a lot of attention paid whether those stocks can drive market performance because they've done such a good job

already. right now, it's not looking great as those stocks have taken a relatively bigger beating in the first couple days here. outside of that tech and artificial intelligence that you spoke about, another big theme last year was the weight loss craze, drugs like ozempic, and mounjaro from eli lilly, they became wildly popular. and that popularity added billions and billions of dollars for certain drug companies working on things like diabetes and weight loss treatment. so will that trend continue for the year, or shift for other treatment of things like cancer and neurological disorders. now, from the economic perspective that you spoke about, we didn't get that recession that a lot of experts were calling for. so, will this be a year where we truly see a real downturn. to your point, yasmin, the jobs markets remains relatively strong. we'll get more data on friday with the big jobs report later this week. >> we have about 30 seconds,

dom. can you give me a crystal ball on interest rate cuts coming up this year. >> i wish i could. here's what i'll tell you, inflation is key. jobs numbers, cpi data, all of that stuff is important. but i will tell you this, the markets are fairly aggressive, they're pricing in what could be a probability of 73% that the fed will cut rates as early as march and certainty perhaps in may and june. there's your crystal balance. >> so if you're looking to buy a new house, wait for the summertime. that does it for me, everybody, i'm yasmin vossoughian. andrea mitchell picks up with more news right now. and right now on "andrea mitchell reports," twin blasts in iran kill more than 100 people at a memorial recent for an iranian leader hasan souleymane on an air strike that killed him.