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tv   Andrea Mitchell Reports  MSNBC  April 3, 2024 9:00am-10:00am PDT

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federal law? the justice department said, we would have to look at that. it does still appear to be pre-emptive. they don't want to back down. they kept referring back to the text. how this would work that migrants would go back to mexico. yes, the judges very well may want them to rework that in text. we don't know yet. >> julia ainsley, thank you very much for that clarification. that wraps up the hour for me. i'm jose diaz-balart. you can reach me on social media @jdbalart. watch clips from our show on youtube. thank you for the privilege of your time. andrea mitchell picks up with more news right now. right now on "andrea mitchell reports," president biden says he is outraged by the israeli air strikes that killed seven world central kitchen aide workers in clearly marked vehicles who had notified the israeli government of their
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movements ahead of time. international criticism growing stronger after netanyahu appears to dismiss three separate air strikes over a mile and a half stretch of road as to what happens in wartime. former president trump ramps up his rhetoric on immigration in wisconsin as he tries to deal with the politically unpopular abortion issue also two years after roe v. wade was overturned by justices he appointed. a massive earthquake rocks taiwan, the worst in 25 years, leaving buildings teetering and an untold number of deaths and casualties. good day, everyone. i'm andrea mitchell in washington. we begin with international condemnation of israel for a series of air strikes killing the seven world central kitchen workers as they were delivering food -- or trying to deliver food. in his strongest criticism of israel since the start of the
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war, president biden said, i am outraged and heartbroken by the deaths of seven humanitarian workers from world central kitchen, including one american in gaza. israel has not done enough to protect aide workers trying to deliver desperately needed help to civilians. john kirby just today acknowledging that the president's strong language does reflect his frustration. mr. biden telephoned world central kitchen's founder to express his sorrow over the deaths of the seven workers who came from around the world and among them a dual u.s. canadian citizen. in "the new york times" today, it was written that they were the best of humanity. they are not faceless or nameless. they are not generic aide workers or collateral damage in war. world central kitchen said the vehicles they were in were marked with the group's logo. the movements were coordinated with israel's military ahead of time. nbc news confirmed there were at
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least three separate air strikes on three destroyed vehicles in the entourage over a mile and a half stretch of the coastal road. israel's top general announcing they are -- based on their preliminary investigation. >> it was a mistake that followed a misidentification at night during the war in a very complex condition. >> the u.s.-based charity halted all of its operations there and returned hundreds of tons of aid bound for gaza being sent back to cyrus. netanyahu writing that, israel deeply regrets the tragic incident and israel is fully committed to enabling humanitarian aid to reach the civilian population in gaza and we will do everything in our power to ensure that such tragedies do not occur in the future. in jerusalem, protesters breaking through security and reaching the entrance to netanyahu's home, a heavily guarded home. thousands of demonstrators had been gathered for the past three
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nights calling for early elections in israel and a deal to release the rest of the hostages in gaza. joining me now, raf sanchez in tel aviv and mike memoli. i saw your reports all morning, raf. what did they find? >> reporter: we mapped out the locations of each of these three destroyed aid vehicles that you have been seeing, the twisted wreckage, over the last 48 hours or so. our brave colleagues from our gaza crew going physically to the stops where those seven aide workers were killed, sending us back the footage. to be clear, it's not like these seven world central kitchen aide workers were caught in a crossfire and that they were hit accidentally as israel was targeting hamas.
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each of these vehicles was hit individually by what appears to be a very precise israeli air strike. we heard from the chief of staff of the israeli military. he is saying what happened here was a misidentification. the israeli military mistook these humanitarian vehicles for some kind of threat. he said that happened at night and that it happened in a complex war environment. what he has not addressed -- the israeli military has not addressed so far is this question of, how is it that the world central kitchen coordinated the movement of these vehicles ahead of time -- which they said they did -- and yet they opened fire. they were driving on this coastal road along the mediterranean. this is a roadde-con
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de-conflicted. there's going to be a swift and transparent investigation. israel will public the findings. right now, there are questions from the white house, from world central kitchen, and from the families of the seven killed aide workers. the bodies have just in the last hour or so crossed over from gaza into egypt, the beginning of the long journey home. >> you also, raf, have been reporting about another incident that happened two days before this strike. what can you tell us about that? >> reporter: that's right. world central kitchen tells us that two days before the deadly air strike, they believe an israeli sniper opened fire on one of their vehicles. this happened in southern gaza. nobody was injured in this incident. a bullet striking one of the wing mirrors.
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clearly, this raised alarm in real time over the weekend. world central kitchen says it filed a complaint with the israeli military. we asked the idf about this incident. we didn't hear back. assuming that it is true, it really raises questions about the safety of humanitarian organizations, and it may be an indication that what happened on monday with such catastrophic loss of life was not an isolated incident. it may have been a matter of time. the u.n. says what happened was not an isolated incident by any standards. they point out that around 200 aide workers, the vast majority of them palestinians, have been killed in gaza since the start of the war. that just absolutely shatters numbers from previous conflicts. it's the sad case that a lot of those palestinian aide workers, their deaths not getting the same level of attention as these
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international aide workers. but it underscores that gaza has been a dangerous situation for humanitarians, for people trying to help, for a long time now. >> indeed. i know israel has very strong views about the u.n. workers. that aside, they have been investigating them and making charges against them. it's controversial. the rest of the world does not agree with that. but no one has ever questioned the independent -- the lack of any political views from world central kitchen. they have worked all over the world for many years. we know jose from when he founded it. it has never been the case. mike, we know the president, in speaking on health care right now with bernie sanders and others at the white house. we wanted to continue on this subject because of its importance. we will bring it to you if he
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begins to talk about this, of course. mike, we heard the strongest language yesterday when the president said that he was outraged and that israel has not done enough to protect aide workers and civilians. where does the u.s. go from here?andrea, we have been measuing the days of daylight since october. we remember the hug when the president came to visit israel after october 7th. he continues to express the u.s.' support for israel. last week at the fund-raiser with the three presidents, he talked about the hostages who have been not killed. he said massacred. the support remains there. but this -- the daylight has been growing over time. the question now is, does this represent a potential breaking point? the president does have a close personal and, yes, even political relationship with jose. that statement released last night came after a conversation
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present the president and jose. the statement said this is not an isolated incident. we know virtual meeting that happened between the national security team at the white house and the israeli counterparts to discuss the rafah invasion, the potential ground invasion, that the u.s. has been so strongly warning against and seeking alternatives for. the politics are inseparable. we have two fresh reminders of the political toll on the administration at this point. one, last night the president holding a private meeting with a number of muslim leaders. our reporting includes the fact that one of the -- a palestinian man -- left shortly after beginning that meeting because he said there are not other palestinians represented here. there was also, we should mention, primary elections across the country where once again we saw in two states, connecticut and rhode island, the uncommitted vote in double digit percentage points, in wisconsin as well, 8% of the vote going to an uncommitted. that was a point where some of those who had been leading this
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in other states focused their efforts. the white house keeping close tabs on this. >> political fallout for prime minister netanyahu. we saw the israeli police clashing with protesters. i can't recall them getting that close to netanyahu's home. that was a big protest last night. >> reporter: yeah. this was really striking. over the last couple of days we have seen the largest protests in this country since october 7th. you will remember, 2023, up until the hamas terror attack, was a year of mass protests all over israel. people demonstrating against prime minister netanyahu's plans to weaken the israeli supreme court. now they are demonstrating, calling for early elections. they are calling for a cease-fire deal to release the hostages. the israeli police say this demonstration in jerusalem, near netanyahu's residence, turned into a riot. they used pretty serious
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tactics, charging police horses into the crowd at one point, firing water cannons. but it goes to show the real, real political heat in this country right now. netanyahu is a master of withstanding pressure, both internationally, from the united states, from the u.n., from other parts of the international community, but also domestically. he does have a majority in parliament. it's a majority that includes the israeli far right. it includes a number of centrist lawmakers who joined his government on an emergency basis after the start of the war. so there is nothing that means netanyahu has to go to elections any time soon. but a majority of his country, according to polls, wants that to happen. >> i want to -- before i let you go, raf, i wanted to play a little bit of richard engel interviewing one of the seven -- i think she's an israeli woman who we had seen in a number of
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other places as well on world central kitchen operations. this is from march 7th. >> raf, i think she's from australia. had a family, a number of children. just one of the seven. >> reporter: that's right. she was an experienced aide worker. our colleague richard engel speaking to her there on the runway of a jordanian air base where she was helping to organize some of those aid drops, food being dropped by parachute into northern gaza.
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we have seen just an absolute outpouring of grief at the deaths of all seven of these aide workers. but especially her. she was very high profile. we are also learning today the identity of the one u.s. canadian aid worker. he was 33 years old. >> we grieve for all of them. and all of their colleagues who have been working all over the world, in puerto rico, during the hurricanes. we have seen them in ukraine, in conflict zones, coming up with unique ways of delivering food, despite being in war zones and in other natural disasters. raf sanchez, thank you so much. mike memoli, stay with us. we will talk more politics. decision 2024. former president trump touting false claims about immigration and the 2020 results in a campaign swing through battleground state. "andrea mitchell reports" is back in 60 seconds.
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that's a live look at the indian treaty room in the white house. the president is speaking about prescription drug prices. new "wall street journal" polls shows he is trailing donald trump in six of seven battleground states. most are within the margin of error. the results show the tightest race is in wisconsin. yesterday's primary results there raise concerns for both candidates. mr. trump lost a chunk of votes, nearly 13%, to nikki haley. she's no longer running. she's still on ballot. 8% of democrats voted uninstructed in protest against president biden's response to the war in gaza. those 48,000 votes are more than double the president's 2020 margin of victory in the state. back with us, mike memoli. joining us, garrett haake who covers the trump campaign for
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us. garrett, the poll is good news for donald trump, but he made a swing through two midwestern battlegrounds tuesday, but his events were not without controversy. you have some examples. >> reporter: they never are. several controversies. one was intentional. continuing to put out more dark and violent language about immigration. talking about what he calls the biden border bloodbath. we will play some of that sound. >> on day one i will seal the border and we will begin the larger domestic deportation in the history of our country. if other countries say they won't take them back, we're not going to take them back, i will say that, yeah, here they come. hold on to your britches. here they come. they're coming back. congratulations. >> reporter: we have seen trump do on immigration is take his policies, in this case his desire to have mass deportation, wrap them around a specific anecdote. in michigan, it was ruby garcia
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who was murdered by police believe an undocumented immigrant, her boyfriend, who was deported under the biden administration. trump said he spoke with the family. her family members say they didn't happen. we will try to get to the bottom of this. whether he is lying or whether he talked to somebody else, we don't know. her sister told our affiliate that this conversation did not take place. the other unintended controversy is familiar for donald trump in which he was asked about abortion. told our colleague gabe gutierrez, he would have his plan out, his comments out in a week. those of us who remember the first trump administration, the in two weeks was the way he would stall on something where he didn't have a policy. >> infrastructure. >> reporter: infrastructure week was around the corner. perhaps the abortion policy will be the same. in this case, he is under pressure to say something more substantive on this issue having taken almost every conceivable position on abortion and having his position defined for him by the biden campaign.
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>> and the florida referendum will put him on the spot. >> reporter: he will be a voter. >> the president is pushing for lower prescription drug prices. he is slamming former president trump for he says wanting to cut medicare. last night's ramadan events at the white house raising concerns in the democratic party. mike memoli, talk to us about that. in my memory, they usually had a dinner, inviting muslim and palestinian/arab guests. that didn't happen. they tried to have a meeting. what happened? >> reporter: yeah, that's right. in addition to the dinner that we have seen at the white house in the last several years, we have seen very large public receptions in the east room of the white house in each of the last two years in which president biden -- one year making a point of pride to note that this was not a reception that had been held in the administration of his predecessor. for democrats, coalition politics are important.
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the arab american coalition is critical in michigan. the white house did convene a meeting. there were attendees who declined the invitation to attend. another man who left very quickly after attending this meeting. this is going to be a continued point of concern for the administration. when you look at those polls today, you have, of course, the biden campaign continuing to push back saying there are other polls that show a closer race or the president ahead. they also point to the different approaches both candidates are taking. the former president leaning into a base issue, that being immigration. biden advisor telling me, you can't win just on the base. that's why you see president biden today talking about a kitchen table issue, prescription drugs. you also see the president forcefully pushing back about the abortion rights. they do not want to allow for
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the former president to wriggle out of a clear credit from trump. they will monitor closely whether he tries to strike something of a middle ground, bans greater than six weeks but less than the 24 weeks of viability. they are not going to allow him to do that and point to his past comments. >> interesting he was at the white house today with bernie sanders, because he was with the former presidents, that big radio city event you were covering, now with bernie sanders. there's prescription drugs is something they would agree on. sanders campaigned vigorously against the high cost of insulin and how easy it was to get it cheaper in other countries. at least he is trying to consolidate the democratic party. mike, just got the word there
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were shouted questions. i think peter alexander was shouting about world central kitchen and the tragedy that's happened. the president left without answering any questions. mike and garrett, thanks to both of you. joining us now are former republican governor of ohio john kasich and republican strategist susan del percio. governor, we need to start in nebraska. the governor supporting a bill that could potentially change the national outcome this fall by having that one district in omaha, that one congressional district that was a dot of blue in the middle of a red state, that all the electoral votes would be statewide. explain. explain the significance potentially. >> well, it could shift an electoral vote. look, andrea, states have the right to decide what their elections should be and how -- what the rules ought to be. i don't have any problem with
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that. we ought not to be making these changes now in the same year in which we're going to have the election. i think this is some of the complaint that republicans had, what they did in pennsylvania, because of covid. covid was exceptional, as we all know. i think states have the right to do what they want to do. i just don't think that when they take action in '24 that it ought to affect the election in '24. let it affect something further down the road. we have enough controversy, enough confusion, enough angst. they want do it, fine. it shouldn't apply to '24. that's a reasonable approach, whether it's republicans or whether it's democrats. don't change the rules right in the middle of the game. >> the reason why, susan, this is getting so much attention is that one nebraska electoral vote, when you add it up, 270 for biden, if it went the other way, it would be the nightmare
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scenario to democrats of 269 to 269, decided by the house, where, of course, the house has more republicans than democrats. susan? >> absolutely. it is worth noting though that they only have two weeks left in their legislative session. it's been reported that it is unlikely that they bill will actually pass this year, because of the procedures that they have. i'm hoping that this is up for discussion but actually something that is not going to be actionable. yes, you are right, andrea. if this happens, if that one electorate vote is out of play, it means that joe biden, in order to win clearly, has to pick up another state. that's wherein lies the problem. >> governor, i want to ask you about abortion. gabe gutierrez asked donald trump about florida's six-week abortion ban and about the referendum coming up. this is what mr. trump had to say.
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>> mr. president, do you support the six-week abortion ban that the florida supreme court upheld? >> we'll be making a statement next week on abortion. we will make a statement next week. >> that's what gabe was just -- excuse me, garrett was talking about, that he says he will make it next week. he is having a lot of trouble dealing with this issue of abortion, six-week ban, 15-week ban. he has been all over the place. he is on video kind of touting the fact that he appointed the supreme court justices that overturned roe v. wade and now that that's such a politically charged issue in a lot of elections, kansas, across various states. >> ohio. yeah. >> your own state. can he claim he had nothing to do with overturning roe v. wade?
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>> i don't know. one thing is clear is that the vast majority of americans don't want extremes on either end. they don't want extremes in the beginning or the end. they are looking for something that's more in the middle. i guarantee you that's what they are trying to figure out. how do we keep the pro-lifers on but at the same time, how do we show we will have a moderate position? probably the six-week ban is going to drive a lot of people to the polls in florida. it will be interesting to see whether that tips anything in florida. the democrats are beginning to say that puts florida in play. it's a powerful issue. i think at the end of the day, we talk about this, and it's very important in terms of driving turnout. as you see in the latest polls around these battleground states, the issue that is beginning to emerge more and more is the economy. that is going to be, in my opinion -- that will be -- that
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will be the issue that matters the most. at the end of the day. the other is strong. it will get people. it's the economy. the issue is, are the biden people -- they keep saying everything is fine. however you feel you feel wrong. that never works in holly ticks. in my opinion, as i have receive before, they need to take the clinton approach about, i feel your pain. we have inflation. it's there. it's tough. look at the market. look at the levels of unemployment. they have to connect with the voter from the standpoint that the voter is not feeling so great when they go to the restaurant, or whether they go to the grocery store. that's got to be acknowledged before i think sometime around june or september or the two pivotal months that lock in how voters feel about the economy, which is always the most important issue. >> john kasich, invaluable insight. susan del percio, to you as well. thank you both. the tragedy in taiwan.
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just overwhelming, during rush hour. latest on the devastating earthquake that struck taiwan. the death toll and destruction left in its wake. you are watching "andrea mitchell reports." this is msnbc. tment for adults with mild-to-moderate covid-19 and a high-risk factor for it becoming severe. it does not prevent covid-19. my symptoms are mild now, but i'm not risking it. if it's covid, paxlovid. paxlovid must be taken within the first five days of symptoms, and helps stop the virus from multiplying in your body. taking paxlovid with certain medicines can lead to serious or life-threatening side effects or affect how it or other medicines work, including hormonal birth control. it's critical to tell your doctor about all the medicines you take because certain tests or changes in their dosage may be needed. tell your doctor if you have kidney or liver problems, hiv-1, are or plan to become pregnant, or breastfeed. don't take paxlovid if you're allergic to nirmatrelvir, ritonavir, or any of its ingredients. serious side effects can include allergic reactions, some severe like anaphylaxis, and liver problems. these are not all the possible side effects
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overnight, taiwan was hit by the biggest earthquake in a quarter century. it was morning rush hour. the epicenter hitting in the
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east. hundreds are injured, at least nine dead. that number could rise as rescue efforts continue. >> reporter: this is the strongest earthquake to hit taiwan in 25 years. measuring 7.4, according to u.s. estimates, striking during the morning rush hour. in taipei, city landmarks were swearing, houses were shaking, water was falling out of rooftop swimming pools. the tremors were felt up to 100 miles away. it triggered tsunami warnings. the death toll has continued to rise. there are hundreds of people who have been injured and dozens said to be trapped on blocked roads, in tunnels, on hiking trails. transport officials say that major highways are now impossible because of debris and falling rock.
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there's the possibility that people are trapped under rubble in partially collapsed buildings. the eastern coast of taiwan was hit hardest, 11 miles from the epicenter. some buildings there are leaning very precariously. emergency workers are now spreading out across taiwan. they are meeting with a lot of challenges. aftershocks, dozens of them since that initial quake. now rain is in the forecast, which could further complicate rescue efforts. trump's trials next. the latest moves from the president's legal team at the start of the hush money trial fast approaching. new questions about the judge handling the classified documents case in florida. you are watching "andrea mitchell reports." stay with us. it's msnbc. that's why my go to is nurtec odt. it's the only migraine medication
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special counsel jack smith's patience with judge cannon's consistently pro-trump rulings and delays appears to be running out, in particular the special prosecutor might ask the 11th circuit court of appeals to order the judge to rule on the former president's claim that the presidential documents allows him to choose what documents he keeps.
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smith says that her focus on the presidential records act is a fundamentally flawed legal premise and that the esionage act, used to charge the former president, is more relevant to the case. his is urging the judge to decide promptly. joining us now, joyce vance. he does seem to be running out of patience. he is signaling he will go to the 11th circuit. he will not wait for her long stretches of delay in between rulings and then requests for briefings from these two sides, which doesn't seem normal, according to most lawyers. how say you? >> i would agree with that. this is a stacked series of bad rulings by the judge. the reason that jack smith's hand has been forced at this point is that she's now indicated that she won't rule on
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trump's motion to dismiss the entire case based on a really bad claim. the problem jack smith faces is if she doesn't rule under a jury has been impanelled and trial is underway, he cannot appeal the decision because of the legal doctrine of double jeopardy. once trial is underway, the government doesn't get a second bite of the apple. if the judge dismisses, that's the end of the case. smith has to convince her to rule or he will take an appeal. he suggests at that and says that it's the correct approach for him to take, essentially going to the 11th circuit and asking them to order her to rule now before the trial starts. >> my recollection is -- i guess it means do your job, force her
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to do her job and to come up with a decision rather than stretching this out. all of these delays seem to be in trump's favor. >> that's right. that's the best description that i have ever heard. it's asking the appellate court for an order to do your job. in this case, to rule. you can't use it when you disagree with a ruling. you use it when a judge is refusing to do something that they are obligated to do. the special counsel has cited case law from across the country, saying that because the government can't appeal when a judge uses a jury instruction that's clearly wrong, that has the potential to undo the prosecution, that a court of appeals can order that judge to rule before trial starts. that will be the strategy here. >> there's a new filing in the hush money case, after donald trump argued it should be delayed or dismissed because of prejudicial publicity, claiming the jury is tainted already, the
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manhattan jury. d.a. bragg says the defendant's own rhetoric is generating significant publicity and it would be prefers to perverse to. is this trial going to go forward on the 15th? >> i think this motion will not delay this trial. the d.a. is correct when he points out that donald trump shouldn't be rewarded for his own bad behavior. the reality is, when you pick a jury, you are not looking for a jury that hasn't heard anything about your case. you are looking for a jury that can be fair no matter what they have heard outside of the courtroom. the d.a. points out correctly that during the jury selection process, they will be able to question jurors and try to exclude people with bias. donald trump will be able to use a number of strikes. that means he can reject jurors either for a reason or he will
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have a limited number of strikes he can use to reject jurors that he simply has a bad feeling about. >> one quick question. is the jury pool just manhattan? does it include staten island and other suburban areas? >> this is the manhattan d.a.'s office. he will draw his jury from the area essentially, the people who elect him are the people who serve on his juries. >> thank you very much for clearing that up. thanks, joyce. coming up, more on the deadly attack. more on the aide workers killed while trying to deliver food to starving people in gaza. a leader with another non-profit aid agency joins us next. you are watching "andrea mitchell reports." this is msnbc. abetes like me, ye up to 4 times greater risk of stroke, heart attack or worse death. even when meeting your a1c goal. discomfort can help you act. i'm not trying to scare you.
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help fuel today with boost high protein, complete nutrition you need... ...without the stuff you don't. so, here's to now. boost. the u.n. has announced it's suspending its nighttime aid movements in gaza to better evaluate security after the killing of seven world central kitchen workers there. this as more than a million people in gaza face catastrophic levels of hunger. joining me is the save the children humanitarian team leader in gaza. thank you for what you are doing. thanks for joining us. your reaction to this deadly attack from our own reporting, the three vehicles were clearly marked, they were hit by at least three strikes along a mile and a half stretch of the
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coastal road, which is a non-conflicted -- de-conflicted area? >> such a tragedy. we work closely with world central kitchen. they're doing an incredible job here. they're a group of just really vibrant, kind, energetic young people who are just feeding people. you know, they have been feeding millions of people. patients in hospitals. across gaza, we're and saddened really saddened to hear about this and to witness it. >> and i know from interviewing jose andres in the past, they make sure that they can have hot meals. they use local materials where they can. here obviously they have to bring things in from cypress, but they are so flexible in the way they adjust to different circumstances in ukraine and
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puerto rico and african countries. >> yep. >> and so they are uniquely equipped to do this and not controversial. >> no, that's right, and i think that there's a huge amount of that kind of flexibility and innovative thinking at the moment in gaza. it's very difficult to provide aid. there are so many challenges and barriers, and world central kitchen have been an incredible example of what can be done and, you know, all of us, save the children as well, we're having to find ways to do things that normally we wouldn't have to do, for example, you know, we have a lot of restrictions in terms of what we can and can't bring in, and so we have to think of different ways. and i'll give you an example, people who need tents who don't have housing because their
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houses have been -- have been damaged. we have had challenges bringing tents in because we're not allowed to bring in the metal poles that hold the tents up. so we have to think of different ways to -- you know, to provide the aid that normally it would be fairly simple to do. >> are you suspending your relief efforts while this investigation goes on or while you check with israeli authorities on the security of your people. >> we've made the decision not to suspend. we feel like there are a lot of uncertainties, and certainly we continually try to find what needs to be done, how we ensure the safety of our teams, but at the same time, we are -- we know that people are desperate, and they are completely reliant on the humanitarian aid and people
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that are able to bring it in and deliver it. so it's a difficult decision, to be honest, andrea, because we feel a sadness for world central kitchen colleagues and really want to show them the solidarity, but we at the same time want to ensure that children are receiving what they need. >> of course that is your mission. it's just beyond description, the horror of it all. thank you very much, karyn beatty, thanks for what you're doing. a federal appeals court is hearing new arguments from texas leaders to reinstate that controversial immigration law. that's next. this is "andrea mitchell reports" on msnbc. reports" on msnbc. that means less stress for you. >> woman: thanks. >> tech: my pleasure. have a good one. >> woman: you too. >> tech: schedule today at safelite.com. >> singers: ♪ safelite repair, safelite replace. ♪
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into the u.s., rather than federal officials. a three-judge panel in the fifrt circuit court of appeals in new orleans heard arguments today over the constitutionality of the law. and whether it conflicts with federal immigration policy as the government says. the federal government, the solicitor general. the law is on hold after these same three judges blocked it last month. with me now nbc news homeland security correspondent julia ainsley. also covers the courts, so it's a perfect fit for you. >> it is and, boy, has it been a dwa. i know people are probably sick of talking about sb.4 and they just want to know if it's going to go into effect. something pretty big happened in court. we saw texas essentially change the way this law would be enforced. rather than the way the law is written, which would allow texas to arrest people they suspect of being migrants, have them tried by a state judge who would determine whether or not they could stay, and then deported back to mexico, they say at the end of that they would hand these migrants back over to the
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port of entry in the united states. part of this may be a response to mexico saying we're not going to take any migrants back from texas. we only take migrants that have been worked out, negotiated with the united states. and so it really put the u.s. and the federal government in a weird position today in court because they had to figure out what are they arguing against now. >> imagine if you're the attorney preparing your whole brief based on what the law is and the way it's written. >> yeah, so he ended up having to say, well, we still think that is preemptive and would violate federal immigration law, but this is something wholly different, and it's not anything they've submitted text over. now this three-judge panel, one appointed by george w. bush, one by biden, and one by trump, who was an alito clerk, they are going to have to decide will they now need to get this law rewritten and submitted to them in a separate filing from texas? are they going to simply take into account the old law or what they said in oral arguments
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today? essentially they have to weigh in on the constitutionality of this law, and whoever wins we can be sure the losing side will appeal to the supreme court. and of course immigration is becoming such a huge part of the trump campaign, with a lot of, you know, false statements, and actually, i was, you know, checking the records. immigration is -- it was higher under trump initially. >> than under obama. >> than under obama. >> yes. >> and when biden came in it was at least initially not as high as of course it became. >> now covid obviously put a huge damper on immigration in 2020, and so biden would have taken office. really the overall trend is that immigration has continued to rise over the last decade because we have a global problem in the western sphere. we're seeing people try to fly
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africa. each president has tlied to put different executive actions in place, and now we're seeing states trying to put their laws in place. it doesn't change the fact there are more people displaced now than world war ii. >> it's an awful situation in the middle of political year of course. >> and those two i think will continue to be intertwined. >> julia ainsley, thank you so much. >> that does it for this edition of "andrea mitchell reports". follow on us social media @mitchellreports. and you can watch us anytime on youtube, just go to msnbc.com/andrea. "chris jansing reports" starts right now. good day, i'm chris jar sing live at msnbc headquarters in new york city. no room for error. new proof today that in the states that will decide this presidential election, the race could hardly be any closer. polls in five of the seven swing states virtually tied, with the other two nearly as tight.