good morning, it's 11:00

a.m. eastern. right now president biden and the first lady are visiting omaha beach in france. today's gathering especially poignant as it could be the last major milestone for the last remaining veterans who stormed the beaches back. he invoked the ballotslines of eastern ukraine and linked it to the ultimate sacrifices 80 years ago. >> their hour of trial, the allied forces of d-day did their duty. now, the questions for us, in our hour of trial, will we do ours? we're living in a time where democracy is more at risk across the world that at any point since the end of world world ii, since these beaching were

stormed in 1944. will we tapped against tyranny, against evil, against brew taught of the iron fist? when we stand for freedom, when we defend democracy. my answer is yes, and only can be yes. joining us now from normandy france is peter alexander, also with us is commander -- peter, just kind of take us take us there today. you're in one of the most sacred, extraordinary places on earth, what was it like? >> reporter: jose, these are obviously very hallowed grounds, awe-inspiring every time you're

here, humbling, sobering, but also helping to celebrate the veterans, they are the real stars of this day, and the president honored them, president macron giving them the highest military honor that french can give, 9,388 american service members are buried behind me, many of them laying down their lives, of course, on d-day. the president harnessing the heroism of those days, drawing parallels to the war that's now marred parts of europe with another dictator, and this time it's russian president vladimir putin trying to extend his reach across the continent. these are such powerful images, because the president warns they threaten to happened again.

among those in attendance, the oscar winning actor tom hanks. we had a chance to speak with him a short time ago. >> we have a few men and women who i see as being 16, 17, 18, maybe 25 years old, and they might be in wheelchairs now, but they're represented by everything that is here. were it not for their choice to come and do the right thing 80 years ago, you and i would not be standing here. >> reporter: as our friend jon meacham said, this is about the retelling, the averagele new become a sacred ritual, so others can understand the sacrifice that took place here. >> peter, you know, all things are political in the world,

especially in an election year tomorrow the been will go to ponte du hoc. is this an intentional comparison? >> reporter:, of course, is where robert reagan immortalized the boys of -- if you're not familiar, they army rangers helped scale that cliff, appear they were able to overtake and attack the german bunkers there, one of the first steps in an effort to re-claim this continent. it's that backdrop, that the u.s. will be your, where he delivers his remarks, the accomplice cal backdrop, of course, is this is a president seeking reelection just five months from now. that helped propel ronald reagan to his reelection in 1984.

it was a story that was so compelling, because it was a story of sacrifice, but also a story of protecting american democracy. it is that very theme right now that joe biden is trying to strike against throughout his remarks. i think we'll hear that again tomorrow. admiral, i'm thinking of what your thoughts are like today. >> you know, i was there at the 50th anniversary. i was very young, a captain of a destroyer for the first time, and my orders were to anchor off of omaha beach the night before the 50th afternoon versery. as dawn broke that day, the 350 members of my crew, unordered, just came up on deck and watch that beach and think about their predecessors, navy sailors, army rangers, all who participated on

that day. here's a fundamental point, jose, i looked to my left and my right along that beach. there were anchored the warships of 15 different nations. all the nations who participated in the liberation of europe, many of them are european allies, of course the canadians, the australians as well. thus, i think the president's speech today was ticket larry powerful when he touched on the vitality and the importance of alliances. the germans were on their on those beaches. they faced 15 different nations. today, only russia is invading ukraine. they're facing a mighty nato. days like this help us remember that. >> admiral, just the valor of extraordinary young men and women that were involved as well in so many ways, but just, you

know, when dawn broke in 1944, as peter was telling us, 9,388 individuals buried at omaha beach. it's kind of tough to put into context just how difficult and almost impossible that mission was for these people, and they carried it out, knowing that this was probably their last day on earth. >> absolutely. if you want the tiniest glimpse of what it might have felt like, pop off "saving private ryan" watch the first 20 minutes, thinks of yourself with the door of that landing craft dropping into the sea, and you step into a hail of machine gun fire, your closest friends are dying in front of you have.

it's an incomprehensible moment. you want a moment ago, the youth. they were so young, and yet they were volunteers, and they took with courage and honor and commitment. they delivered on those beaches. a final thought, by the way, those were the young people on the beach. their commander, general eisenhower, later president eisenhower, wrote famously a speech in which, if the mission had failed and he had to withdraw those troops under fire, he wrote a letter and was going to publish the speech that said, any blame or fault is mine alone. that kind of accountability at the very top of our leadership could be a message to some of our political leaders today. >> oh, my gosh, could it ever. peter alexander, admiral james

stavridis, it's one of the places that have most moved me of my entire life. i was privileged enough to go there twice. there's an inscription on a wall right by where you are, general mark clark, chair of the month moments commission, and i took a picture of it. it's written there. it set -- if every proof were needed that we fought for a caught and not for conquest, it could be found in these cemeteries. here was our only conquest. all we asked was enough soil in which to bury our gallant dead. there are cemeteries throughout europe that has the names of people who lost their lives 80 years ago for a very important cause. thank you both for being with us this morning. appreciate it.

>> you bed. turning to development in the israel-hamas war, years night dozens of civilians, including children were killed in an israeli strike on a school run by the united nations in central gaza, according to the hamas-run ministry of health. israeli defense forces say it was targeting a hamas compound win the school. we have seen images of burned children across different areas of rafah, and there is no safe place for children in gaza. joining you from tel aviv is raf sanchez. what more can you tell us about this latest strike. >> so, jose, this strike took place in the early hours of morning at a u.n. scold in central gaza. the israeli military says it precisely targeted two areas of the school compounds where hamas

operatives, some of whom who took part in the october 7th attack were hiding. schools like this one have been a shelter for palestinian civilians throughout this war. there were families seeking safety inside that school. it is clear now that a number of civilians have lost their lives. a nearby hospital in central gaza is saying at least 14 children and 9 women were killed in this strike. the israeli military says it twice delayed this operation to try to minimize civil usage casualties, and says it took other steps to reduce harm to citizen. once again, a strike aimed at hamas leaders, and it's killed civilians inside the strip. israel's leading human rights group is saying if hamas

fighters were operating out of the school, it would be a violation of the rules of law, but it would not be a justification for an israeli strike on a place where so many civilians were seeking shelter. thisunder scores the fierce sense of urgency that the until feels about trying to get to a cease-fire, a hostage deal. earlier president biden along with 16 other leaders released a joint statement, calling for hamas to accept the deal that's currently on the table. cia director bill burns was here in the middle east yet trying to move those negotiations further on. hamas has not yet formally responded to that proposal, but they are saying they want to hear from israel that they are committed to ending the war and withdrawing their forces from gaza, as president biden said they were in the speech last

week. raf sanchez, thank you so much. up next, it is day four of hunter biden's federal gun trial, and the prosecution's star witness is on the tapped. plus, trial delayed. why it's becoming more and more likely, the election interference case will not make it to trial until after the election. and new questions on the president's controversial border policy. we're back in 90 seconds. you're watching "jose diaz-balart reports" on msnbc. e diaz-balart reports" on msnbc. wanna know a secret? with new secret outlast, you can almost miss the bus... but smell like you didn't. secret fights 99% of odor-causing bacteria. smell fresh for up to 72 hours. secret works! it's a crime to smell that good. you want thicker, stronger, fuller hair?

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unfolding right now in a delaware courtroom, hailey biden, the widow of beau biden, is on the stand. hunter biden has pleaded not guilty. joining us is mike memoli, katie phang, a host of a shot here on msnbc, and david marcus, a professor at the university of miami school of law. what is the latest from the courtroom, mike? >> reporter: the judge has called a break, as hallie biden was asked how she reacted. she said set panicked.

she realized it was a mistake. she also talked earlier when she discovered that he was abusing drugs. they had begun to form a relationship not long after the death of beau biden, and she's embarrassed this time in her life, but she occasionally joined him in that drug abuse. we have seen over the protwo days, the prosecution produced mounds of evidence that puts in stark relief the extent of hunter biden's addiction, how long, how frequently he abused drugs, but did he believe himself to be abusic drugs at the time of his handgun on october 12th of 2018. so far, the witnesses that have been called have not spoke to his potential use during that

time. we may see hallie -- obviously the -- and at that time he did not commit a violation of law by saying he was not an addict at the time of that purchase, jose. >> katy, as mike was saying, there's mounds of evidence. is it unusual to have this amount of, i guess you would call it information? >> i think it's overkill. i the jury may end up feeling so badly -- >> what is jury nullification? >> the prosecution meets all the elements of its case, proving beyond a reasonable doubt, the violation occurred, yet the jury says i'm not going to convict

him. one, as you've heard from mike memoli, nobody has been able to say he was using at the time, and his own memoir doesn't pinpoint the time of the gun purchase. you know, there is testimony that has come through, especially through hunter biden's over word -- let me be clear he didn't take the stand yet, but his memoir said he didn't feel like he had a addiction at the time. >> and there are jurors that have seen this problem. >> in their own lives. >> in this case, there are four, i understand that have -- david, i'm wondering, this is a case about a specific incident,

right? so if you are the defense here s. how do you deal with, for example, ex-partners or ex-wives testifies for the prosecution. >> you've seen abbey lowell embrace what they are saying. it's true he had a problem, it's true he was akicked. the question is his intent when he filled out the form. abbey lowell has a different strategy, saying, it doesn't matter that he bought the gun. all of that is true. the question is, when he filled out that form, what was in his mind. i think people should remember, nobody wanted this trial. the prosecution didn't want this trial. the plea deal, the defense didn't want this trial. there was a deal set up, so the judge sort of didn't take it and force these guys into a trial

that nobody wanted. the jurors won't hear about it in the ways itself, but if they've seen some news reports, i wonder if they go this route. please stay with me. we have a lot of talk to about the georgia court of appeals put the election interference case against trump and several of his co-defendants on hold while it hears an appeal of a judge's decision to allow fanni willis to stay on the case. the court said it will hearing oral argument on the appeal on the 4th of october and may not issue a ruling until march. it seems as though the judge in the case said i looked at it, yes, the d.a. should continue doing this, take out one of the -- the special prosecutor nathan wade. >> and they did.

>> so what's going on? >> i think it's obnoxious overreach before i court of appeals in georgia. the stay of proceedings is not unusual, the cessation of the proceedings while they're trying to hammer out this issue, though there's a wrinkle that i haven't brought up. the appeal was taken by not all of the defendants. so judge mcafee could theory receiptically move forward with the defendants that are not part of the appeal. just those defendants that appealed his decision, they appealed, and my opinion, the way i would read it is their cases stayed, but the other defendants that never objected to the judge's decision, their cases should keep going. >> they should push it, why not? the state is not ready, of course. i wonder if they would fold if they got pushed into a trial with the other defendants.

>> the comp will say we'll review the decision of a trial judge, whether fanni willis should appropriately remain on this case. >> that's how normally things are done in this type -- again -- >> they're entitled to the appeal, david. >>ntitled for the appeal, but everybody said this georgia case is not going to go. they charged too many people, and who knows when this will go, if ever. >> david, meanwhile, the judge overseeing the federal classified documents case against trump again reworked the schedule for pretrial hearing, further reducing the chances this trial could go before the election. how significant is that? >> no chance that it goes either. now she's letting friends of the

court amicus argue certain issues, which is different, it is different, but i'm happy different people get to come in and argue, but it's delaying things a bit. >> what judge cannon is doing, which i find alarming, she's taking mundane motions that already have been decided in other jurisdictions -- for example, trump is challenging the appointment of jack smith, also challenging the use of government funds for jack smith. these have already been decided. you're using a special counsel to -- do you have a problem with government funds to prosecutor hunter biden? >> republicans are all twisted in knot being this. they don't know what to say. they were so upset with the case in new york and the case in florida, and cases typically not being prosecuted. yet, with hunter, now what do we

say with that? they're all twisted around because of this hunter biden case. >> twisted yarn we are watching weave. thank you, guys. i can't just hang back and listen to you talk. up next, new concerns how to enforce the new border policy. one of our next guests made the journey to the u.s. herself. now helps new migrants with their journey. plus, trump is wrapping up his vp search. we'll tell you who we have learned is on the short list. you're watching msnbc. watching. but no matter what business i'm in... my network and my tech need to keep up. thank you verizon business. (kevin) now our businesses get fast and reliable internet from the same network that powers our phones. (waitress) all with the security features we need.

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seven-day average for daily illegal border crossings hits a particular number. many are confused how it will work. d how it will work this migrant from ecuador thinking as long as they have enough evidence, they shouldn't have a problem getting asylum. joining us is julie ainsley. good morning. you have new reporting about biden's border action. what are the questions that keep coming up? >> coming from both sides, you have migrants confused about what this might be. my producer is obvious on they

chat groups, monitoring what they're saying about where they should cross. one of the things they're saying is, is this good news or bad news? they're confused about what this new order means. some people are saying you need to wait, and others are saying you can still go ahead and go. there's a lot of confusion what this means and they want to see how it plays out. then ear more troublingly, from agents from i.c.e. and border patrol, wondering how they'll carry this out. a lot of people can't be deported at all, or they could be deported fast numb, the number of deportations have been less than half of the number of migrants coming. what happens when capacity fills within processing center and within i.c.e., remember, this

whole idea began with a senate bill that had money attached. a executive order does not. all dhs has told us is they'll process the people more quickly, deport them more rapidly, but if they get too many people, it's hard to see how they'll make this work without extreme overcrowding, and what happens to the people who have no other play to go. a lot of questions out there, jose. >> julie ainsley, thank you so very much. joining us is the executive director of a tucson-based nonprofit that words on both sides of the border that gives aid. you work at a place where policy versus a direct impact on people. what is your reaction to this new policy? >> thank you so much for having me in your program. well, it is impacting right

away. we are at the borderlands every day, providing humanitarian aid to people who are presenting to an agent, present to get border patrol. we have to remember, these people are not fleeing from agents, they're fleeing from violence. as we know, as people move around the world due to different, you know, different circumstances -- climate change, dictatorship, violence. we are seeing people seeking protection, because they are only exercising their right. it is their right to ask for protection in this country to seek asylum. so, prevention to deterrence, criminalized immigration issues,

criminalized the action of asylum. what is terrifying to us, especially in arizona, is the heat wave. people will die, because people will not stop crossing. they will seek other's to go if we are not letting them present. >> dora, i was just thinking, you yourself were forced to leave your country of birth, el salvador in 1980, the civil war there was in many ways just becoming the most violent of the entire time that el salvador suffered civil war. you were left in the desert by coyotes, people died on your journey. you know what 110-degree weather in a desert means, because you lived through it. you were lucky enough to succeed, and you were able to live your american dream. what does that dream look like for today for the hundreds of

thousands, if not millions of people who have come to the united states recently, looking for an opportunity to live free. >> yes. as a survivor and a migrants advocate, i will tell you, there is no american dream. it is really an opportunity to save your life, and this is what gets me. this is -- when i cross, when i came in 1980, i was only 19 years old. i didn't know that asylum existed or protection. i just warranted to flee for my life. i just wanted to be safe. so, many of these people are fleeing to seek safety, because this country offers that. we are a country of welcoming, and we are a country of laws. so we have to stay with the law

the letting people seek asylum. dora rodriguez, thank you for being with us this morning. i appreciate your time. >> thank you, jose. thank you. up next, what's happening right now that could send former trump adviser steve bannon to prison while he appeals his conviction shun. "all eyes on me" performed by gi-yan ♪ all eyes on me brand new drip is what they see ♪ ♪ these diamonds, diamonds on my teeth ♪ ♪ brand new whip is what they see, yeah ♪

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:3 past the hour. right now in washington a judge is weighing whether to send steve bannon to prison immediately. he was sentenced to serve four months after being convicted. joining us from outside that courthouse, ryan riley. good morning, ryan. what is the judge weighing in this hearing? >> reporter: whether or not to essentially lock up bannon soon

or immediately potentially, but i think that's likely given his story of compliance. just to rewind, this was two years ago that this trial took place, in july of 2022. he was sentenced over a year and a half ago in the fall of 2022, but this has been working its way through the appeals here. the initial panel of three judges off federal appeals court rejected the appeal. what bannon's team says it wants to bring it up to the full panel and eventually to the supreme court. part of this is if trump gets elected in november, if they're able to delay this until then, there's every chance that donald trump would pardon steve bannon. we know that, because he's done it before. it was one of his final acts in 2021, when he dismissed the charges or part of these alleged crimes that he had been charged with in connection with a

separate case. ultimately that's what he could be counting on. there's another former white house aide, peter navarnavarro, it's up in the air whether bannon will actually serve his four-month sentence soon or if he can further kick the can down the line, jose. >> ryan riley in washington, thank you so much. up next, donald trump is reportedly getting closer to finding his running meat. plus some of the surviving d-day veterans. come along with us as they share their stories from that fateful day. you're watching msnbc. ing msnbc. and other things dads dig. when you want a one-of-a-kind gift to show him he's #1. etsy has it.

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is why you see two big names there, two senators, tim scott and marco rubio. democrats are winning more white suburban voters. the trump campaign believes this is a time to strike. >> simone, do you think there's anybody in that group that maybe the biden team would be watching closely? >> no, i don't. frankly, i think, as someone who has also been -- running through

the -- unless the -- it's always an issues, and a senior. >> i think the people who -- the navy of being a running mate, and ultimately, and your name is on the door, whomever they choose will be beholden too donald trump, and he will loom largest over this race, regardless of what his running mate is. >> carlos, donald trump subjected earlier this week that his political opponents could face prosecution.

here's what he said about those who say he's going to prosecutor political opponents. >> number one, they're wrong. it has to stop. otherwise we won't have a country. when this election is over, based on what they have done, i would have every right to go after them. >> so, carlos, what should we make of this? >> that's him trying to say both things at once. he does have impulses where he likes to get revenge on his opponents. if trump really wanted to get a benefit here politically, what he should be saying is that he won't do that, that he doesn't believe that's what this country needs. however, this is what gets him

in trouble with a lot of those swing voters in swing states, those people who are still undecided. it's a small slice, but as we saw in 2020, it can be decisive. these are the types of comments that gets him in trouble. this is why a lot of people on team biden have hope they can pull this off. >> there's a term for it in spanish. it's using a mexican comedian when you say, i could, but i won't, but i may, but i won't, but i'm thinking, but i'm not thinking. in other words, you can say everything and not say anything at the same time. does this benefit the former president? >> i don't think it benefits him, per se. i think it is -- what we are hearing from donald trump is actually -- he is telegraphing and telling us what he intends to do.

you have steve bannon and other allies of the former president saying, yeah, that's exactly what we're going to do. steve bannon did an interview where he laid out in detail and then "the new york times" has reporting on this as well as nbc news about going after alvin bragg and steve bannon was specific. we can use the 14th amendment. we can use the 4th amendment and some other laws. we can go -- there are ways to go about this. for anyone that says, this is hyperbole, not actually going to happen, just take a look at what is happening to the fearless fund, a fund that has a streamline for giving capital to black women businesses. a judge ruled under section 1981 of the civil rights of 1866 that they cannot give funds specifically to black women businesses because it violates the civil rights act of 1866 on the discrimination of race when giving out contracts. they use the law made to give

equity for black and brown people in this country and now they are using that law against those very same things. i don't think anything is off the table for donald trump. that's why people have to be vigilant and think about what they're going to do in the election. >> we have to go to a break. maybe, maybe not, we may, we may not. thank you both. that's dogmatic. thanks to both of you. we will play some of what the surviving d-day heroes had to say as they returned to the beaches of normandy 80 years later. you are watching "jose diaz-balart reports" on msnbc. so am i. because i'm at risk for pneumococcal pneumonia. come on. i already got a pneumonia vaccine, but i'm asking about the added protection of prevnar 20®. if you're 19 or older with certain chronic conditions like asthma, diabetes, copd, or heart disease, or are 65 or older,

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as we honor those service members who stormed the beaches of normandy 80 years ago today, we want to highlight the veterans who are still with us and who took part in today's commemorations. kelly cobiella has this report. >> reporter: normandy is celebrating and remembering the thousands who fought here 80 years ago. for many of those men, now in their 90s and 100s, the memories are crystal clear. >> it looked like every ship and boat in the world was right out there. >> this was to be the longest day. >> reporter: june 6, 1944, d-day. >> the allied invasion had begun. >> reporter: the u.s. and its allies stormed the beaches, breaking through nazi defenses, a massive assault that would lead to allied victory. now, eight decades later,

veterans reuniting here, likely for the last time. looking back at letters they wrote. >> dear mom, just a few lines to tell you we are all okay. >> reporter: diaries they kept. >> infantry ashore. >> reporter: mementos they saved. what's this? >> that's a piece of shrapnel. >> reporter: 99-year-old ben miller was a medic. at 19 years old, one of a few carried there in gliders. he is looking for the place his glider crashed. >> they were not experienced pilots. they glided the best they could. >> reporter: ben landed near the first town liberated by americans where he treated injured paratroopers. today, he returned for the first time, meeting locals, including this woman who was here that day, 18 years old and nine

months pregnant. >> it's a pleasure to meet the french people and see how they recovered through it all. for them being so kind to us. >> reporter: the greatest generation still reminding the rest of us about the true meaning of heroism and sacrifice. kelly cobiella, nbc news, normandy. >> thank you for that. that wraps up the hour for me. i'm jose diaz-balart. you can reach on social media and watch clips from our show at 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 in normandy. honoring the best