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news. the israeli military says they rescued a hostage from southern gaza. he was found in an underground tunnel by israeli soldiers during a special operation. he was abducted more than ten months ago by hamas in the october 7th terror attack. the 72-year-old security guard is said to be in good condition and already has seen family. the white house saying, quote, we will continue to work tirelessly to finalize the cease-fire and hostage release deal through ongoing talks in cairo and doha. meanwhile after a temporary pause, fighting resumed monday night with targeted strikes between hezbollah forces and israel. the escalation in attacks there has heightened tensions in the entire region. joining us now, nbc's matt bradley in tel aviv and a former supreme allied commander of nato

and nbc chief international analyst. what do we know about the latest on the hostage release and the escalation? >> well that hostage rescue will be a huge source of celebration here in israel. we already heard from the organization, the hostage's forum that represents the families of the dozens still being held in captivity in the gaza strip. they say this is the only the eighth person that has been rescued by the military force, and they called again for those hostage negotiations still ongoing in cairo, those negotiations are still essential to not only rescuing those hostages and also appeasing the situation over israel i northern border with lebanon. here's our report. a region on edge as tensions between israel and hezbollah continue. after israel's worst exchange of fire with hezbollah after nearly two decades, on monday more

fighting. israeli strikes on the lebanese border and hezbollah later announcing it targeted military equipment with a drone. it comes as hezbollah fired missiles and drones at israel over the weekend. >> what i believe now sits incumbent on all parties in the region to work towards de-escalation and stability. >> still, the u.s. remains wary. last month israel's assassinated a senior hezbollah commander near bay toot and a hamas leader. they vow srepb skwrupbz. the attacks over the weekend still left northern israeli towns with piles of debris and lingering fears. this 9-year-old was asleep when air-raid sirens went off. do you still feel scared?

a little but my sister was in the room and took it harder, he told me. i was a little scared but didn't cry. she and the family rushed to the safe room. they are cleaning up the damage but the danger remains. so back, josé, to that just rescued hostage, you know, when we are talking about this man, it's important that we also mention that we have a bit of crucial information that is still outstanding here. how many people were killed or what was the situation around his rescue? because in previous operations, if you remember, the face of the hostages was rescued. palestinians on the strip said some 200 people were killed during that operation. the israelis said it was about 100 people, and still that's an enormous cost. we don't know the details for

this rescue operation. >> matt bradley in tel aviv. i thank you so very much. admiral, let's go into this a little bit. what we know, and again, it is just happening a little over an hour ago where we started to get the information in. let's start with the 52-year-old man rescued in southern gaza in the tunnels. what is your interpretation of what that looked like? >> kudos to the israeli defense forces. these kind of operations are very, very difficult. i conducted a couple of them, in fact, josé, in an area you and i both know, in columbia, they held hostages and the risk is to the hostage, himself or herself as well as, at matt mentioned, the collateral damage, civilians in the vicinity. that in and of itself makes any

rescue attempt very difficult. now let's add the degree of difficulty, 9.9, which is done inside tunnels and closely-guarded areas, and this is a delicate operation. hats off to the israelis. my thought, by the way, this particular hostage is an arab israeli, and it shows israelis will go after all their citizens wherever they are. >> it's 320 days since these hostages were taken. 320 days since the massacre inside israel. more than 1,100 people killed there. just wondering, admiral, how does the -- on the one side, the military operational readiness and planning to get the hostages they can find, how does that affect or aid the negotiations

to get them out via diplomatically? >> exactly the right question to be asking. i would argue that every successful hostage rescue, and now the israelis have brought out a handful, a very small number, obviously, and every time they do that, it actually puts pressure on hamas because they say to themselves, the terrorists organization, hamas, hmm, the israelis are showing a capability to do this and perhaps we should come to the cease-fire table in a serious way and negotiate. let's hope that's how it plays out, josé, and i am concerned as the negotiators come together again in cairo, the strikes you mentioned up front in northern israel, southern lebanon, that's what will have a chilling effect on these negotiations if we continue to see the tit for tat

back and forth across that border. >> admiral, if operation that successfully rescued somebody from the tunnels in southern gaza may also be a message to hamas leadership that apparently is in tunnels in southern gaza. >> very much so. if you are the leader of hamas and you watched the assassination of your organization's leader in the heart of tehran during an inauguration, that went up to exsquidid intelligence, and now you are watching the israelis take away one of the crown jewels, the hostages you are holding. they have to be concerned about that ticking clock of israeli

revenge, which i think ultimately will find him whether he is in a tunnel or not. >> admiral, always a pleasure to see you. thank you very much for being with us this morning. >> thanks, josé. turning now to battle ground georgia where democrats are suing the state's election board after three republican members pushed through new rules, critics argue, conflict with the state law mandating certification of the election results. democrats say the new rules invite chaos. lisa, what do the new rules do and why are democrats opposing them? >> josé, the new rules -- first, there are a number of rules the georgia election boards past recently, and they say it's inviting chaos. the lawsuit is just about two of them, both of which allow additional process prior to the act of certifying county-level

election results. that's mandated by law to occur at a time and date certain and that's the concern that democrats and election officials are raising in their lawsuit, and they say allowing local officials to examine all election-related documentation before certifying, that may, in fact, give them the discretion not to certify at all and put georgia's election results at risk when it comes to the counting of results nationwide in january, josé. >> yeah, critics, by the way, include republicans, and what is behind that? >> what is behind that is there's a strict deadline under georgia's statute. again, the monday after an election by 5:00 p.m., all counties have to turn in their

election results. if the georgia election board is telling counties they can conduct a reasonable inquiry prior to certification or if they have the right to examine all election-related materials, they are concerned they won't get the county results, he then can't send in the certificate of electors and everything that goes into sending the results are set up to strict timelines and statute and that's the concern that by adding this additional discretion, you are setting up the counties for chaos if there are individual board members that say, wait a second, i didn't get a chance to examine all the docum or we didn't do a reasonable inquiry. >> how likely is this lawsuit

able to be settled by the election? >> they are asking for a declaration the election results have to be certified by that date certain and they are asking them to invalidate the rules, but they have not asked for a ruling on a particular time and date themselves yet. they have not asked the court to expedite it yet. i think we could ask the courts to move this litigation along so it's well and settled before the november election. we will have to wait and see whether that happens. >> lisa ruben, thank you so much. appreciate it. up next, special counsel jack smith is taking steps to try and revive donald trump's classified case after it was dismissed last month. where his bid goes next. plus, a judge stopped the president's executive order providing a pathway to citizenship up to half a million people in the u.s. later, to build or not to

build the border wall. how both sides are weighing in on this issue. we're back in 90 seconds. you're watching "josé diaz-balart reports" on msnbc. y with fresh food pre-portioned for your dog's needs. it's an idea whose time has come. ♪♪ did you know that 96% of customers recommend the hartford? boy that's higher than most movie ratings. and those who switched to the aarp auto insurance program from the hartford? they saved hundreds. for the savings, benefits and best in class claims experience you deserve. make the switch today. to get your free quote call or click today.

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against trump, and the request comes a month and a half after judge aileen cannon, she was overseeing that case, threw out the charges saying smith had been appointed to do his job illegally. in an 81-page court filing, and our guests join us. barbara, how high is the bar for the 11th circuit to reinstate this case? >> well, because this is a question of law, the court of appeals uses a standard it resrurs to as de-nova, which means anew, and they take a look at it. the judge was in the courtroom and had a chance to observe the

demeanor of witnesses. it's not a high standard at all if they disagree with judge cannon's review, and i would be hard pressed to see the 11th circuit agreeing with what judge cannon did here. >> how unusual is this aspect in a completely already unusual case? >> it's very unusual, josé. as they said, special counsel regulations have been challenged before and have been upheld by every other court that has seen it. i think it's important to recognize this is not a decision on the merits of this case. it has nothing to do with the guilt or innocence of donald trump. it's all about whether special counsel jack smith had the authority to begin the case to begin with. i imagine if ultimately judge cannon is proved right, then the

remedy for the justice department would be to start the case over, filing with doj attorneys or the u.s. attorney in miami. as i said, it's such an outlier from all of the other decisions that i think it's very likely that this case will be reversed and be back on flack short order. >> vaughn, any reaction or response to smith's appeal by trump world? >> trump's attorneys must file their response to the appeal from jack smith by september 26th, which makes it clear that this will not go to trial anytime before this election, even if it were to be revived and sent back to judge cannon here. effectively, what you have seen is donald trump politicize what he calls vindication from judge cannon that this case never should have been brought against him and we heard this from him from the republican national convention and from the campaign trail. kamala harris is a prosecutor

herself, and donald trump has admitted to many of the underlying facts that led to the case being brought against him in the first place. >> trump is trying to delay the sentencing in his new york hush-money case. what do you know about those efforts there? >> 48 hours before that, september 16th, is when the judge is slated to rule on whether the immunity claims brought before the judge are valid or not, and so we could well on september 16th hear this case may be staved off.

we should note the sentencing could be pushed off because of the status of the election. there's a lot riding on this for judge merchan and his decision, and we already heard from donald trump's attorney publicly suggesting they would appeal the decision, and at the same time the window would be 48 hours to appeal before sentencing, which would be tight and would lead us to expect that september 18th sentencing to go forward. >> thank you. after a break, a judge now blocked a program of president biden to provide a pathway to citizenship for up to half a million people. where this legal fight goes next. plus, now that rfk jr. endorsed donald trump, we will take a look at what he says is his new role on the former president trump's team. you're watching "josé

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23 past the hour. this morning the legal fight is escalating over the biden administration's executive action which offers what is called patrol in place for undocumented spouses of u.s. citizens. it would allow them to more easily apply for permanent residency and citizenship. now a texas judge has temporarily blocked the program after 16 republican-led states sued to stop it.

nbc's david noriega joins us. good morning. what happens now? >> good morning, josé. just to give you a little background, the way this normally works is if you are undocumented and married to a u.s. citizen you can apply for a green card and you have to leave the country first and you risk yearslong operations or years away from your family and that's why people choose to remain undocumented. this would allow people to apply from the united states while staying with their families, and to give asense of all the sorts of people who are applying, i spoke to a guy who was brought to the u.s. as a child when his family escaped the civil war in a country, and he's an attorney and works as a prosecutor for the d.a. in philadelphia and married to a woman in new jersey and they have a 1-year-old son. i asked him to respond to the claims in texas's lawsuit that this program would heart the states and the country.

here's what he said. >> i have been in this country since second grade. i went to elementary here and i pledge allegiance to the flag and took an oath to protect the united states constitution and protecting citizens in my state every day, and what harm are you showing when it's all benefits that spouses are contributing? >> they are hoping they can get their applications process before the election in november and that opportunity is now likely gone. this administrationive stay blacking the program on paper only lasts for 14 days and can and is likely to be extended. a lot of people expects that hold to last through november. i talked to him again and he described the court blocking this program as feeling like a stab in the heart.

the question now is whether immigrants should continue applying even if their applications won't be processed and that's going to be a tricky calculation for them to make. josé? >> it's important that we speak directly to the people that are directly impacted this. right now you can still apply for it. right now you can't apply for it? of course, with the caveat that everybody has to be careful. >> yeah, so this is a really important clarification, josé. you can still apply for the program. a lot of people are going to apply for the program and their application will be in the queue, and the government will begin processing it again if it stays in the queue. the government will not be able to grant patrol to anybody who applies. it's you up to individual people

to apply now and they can at this moment still apply. >> david noriega, thank you for the clarification. appreciate it, my friend. former president donald trump plans to target vice president harris on key issues this week, including immigration. axios points out that they failed bipartisan border security bill includes hundreds of millions of dollars to build the wall along the southern border, a project the vice president wants opposed and called un-american during the trump administration. vice president harris has said if elected she would sign that bill if it came to her desk. with us now, former florida congressman, an msnbc political analyst, and sur lena maxwell, a director of progressive media for the clinton campaign. what do you make of the vice president's possible evolution on immigration so far?

>> well, it reminds me of one of the things she always cites as her mother telling her growing up, instead of complaining about a problem, josé, figure out a way to solve that problem. when you are talking about a bipartisan bill that has ideas from the right and ideas from the left, it's a bipartisan bill. there are going to be things in that bill that perhaps kamala harris doesn't necessarily agree with, but it's important that when presented with a solution like the bipartisan bill that she go forward and sign the bill. donald trump, on the other hand, josé, blocks the bill and told republicans to block this bill so he could have something to campaign on, meaning he wanted to be able to complain about it without coming up with any solutions to fix the problem. >> i mean, there is no doubt that what you stated is a fact. former president trump said don't support this bill because it would make me look bad or not

make me look good politically. carlos, saying -- the vice president saying she would sign that border measure if it came to her desk, and what is the message she is sending? >> josé, this is obviously a pivot to the middle. i mean, democrats understand that the immigration issue is a weak one for them, that their policies don't get high marks from the american people and that's evidence from all the polling. even though it can be classified as a pivot to the middle, i think we have to call it out as a dramatic means of face and democrats have been railing against donald trump's wall since he introduced the concept in 2015, and governor walz, vice president harris's running mate said he would provide ladders for unauthorized immigrants to circumvent the wall. i think it's a an about-face and a recognition that this is an

issue where vice president harris is on defense and they are looking to diminish it as much as possible to avoid it hurting their chances of winning in the fall. >> donald trump released a video this morning touting the endorsements of former independent presidential candidate, ronald f. kennedy jr., and chelsea gabbard, who endorsed donald trump yesterday. >> i don't think it would help donald trump very much. i think donald trump's support is baked in and the vice president and tim walz, their job somebody to try and capture people that believe in democracy and that was the recurring theme at the dnc last week. i don't think an anti-vax

extremist, i think him being in the race hurt donald trump more than it helped him. i think at the end of the day, this election, and as i see it, folks like kennedy and actual , donald trump represents the alternative. you want to live in a democracy, you should support the candidates who believe in it. in my opinion, donald trump is not that person. robert f. kennedy and tulsi gabbard, i don't think they will have a big impact. >> take a listen to what he said. >> i will work to get him elected, and, you know, i am working with the campaign, we are working on policy issues together. i will -- i have been asked to

go on the transition team, you know, to help pick the people who will be running the government and i'm looking forward to that. >> just thinking, you know, what do you think is the actual impact of this going forward, carlos? >> well, josé, i think it's a double-edged sword for the trump campaign. number one, obviously rfk had some followers and maybe some of those now will support former president trump, but at the same time he is a controversial figure and said controversial things, shocking things in some cases, and that might turn off some people who were already supporting donald trump and also could motivate some democrats that view rfk's ideas as dangerous, so this is a very, you know, tough game the trump campaign is playing here with rfk and even though there are

benefits there could be draw backs. >> thank you both so very much. really appreciate it. up next, almost one month after venezuela's contested presidential elections, the regime is taking steps to stay in power. we will take you live to caracas. here in the u.s., raids targeting the homes of latino civil rights activist. you're watching "josé diaz-balart reports" on msnbc. f, but a treatment can be. keytruda is known to treat cancer. fda-approved for 17 types of cancer, including certain early-stage and advanced cancers. one of those cancers is a kind of bladder and urinary tract cancer called advanced urothelial cancer. keytruda may be used with the medicine enfortumab vedotin in adults when your bladder or urinary tract cancer has spread or cannot be removed by surgery. keytruda can cause your immune system to attack

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38 past the hour. tomorrow marks one month since the disputed presidential election? venezuela and maduro continues to concert he won despite evidence he lost in a landslide. now a venezuelan electoral official is speaking out to social media denouncing what he calls a grave lack of transparency in the vote, and he outlined what he says were several irregularities before and on the day of the election. meantime, venezuela's top prosecutor detailed the results. joining us, a reporter for "the washington post".

what is the significance and how big of of a deal is that? >> well, this is just a confirmation of what institutions, journalists and voters and the opposition has been saying for over a month. it's important what he has to say because this is an inside opinion from the electoral council that tells us what happened that night and that tells us a lot of irregularities were happening and unfolding amid the elections and before the results were announced. it's an important -- it has significance, for sure. it still is just one more confirmation of what many are saying happened that day. >> so they have asked for

another protest in the streets of venezuela marking the one month anniversary of the presidential elections, and meanwhile in the 30-plus days, we are seeing status quo as far as maduro staying in power and indicating he's not going anywhere? >> exactly right. i don't see how he is going to change his mind anytime soon, to be honest. this new manifestation they are asking from the people in venezuela, we would need to wait and see how it unfolds, and let's not forget this past month we have had almost -- well, over 106,000 people being arrested during the demonstrations in the first week after the election. so people now are really scared. the repression not only against

protesters but citizens in general has been -- this new crackdown has been strange for every venezuelan, and nobody knows how to act. i would be surprised if people just go out and in another demonstration, another pacific demonstration against the government, that would mean that she is still has enough power in the streets. >> "the washington post" is reporting that maduro's forces have been arresting children at the protest. what do we know about that? >> over 100 children have been arrested. i personally spoke to some of the families and they tell me horrible thing their childs are facing in jail. they have not been able to see them for weeks, and after that there are even some families saying that their child has been beaten and have suffered

different situations inside of each jails in different parts of the country. this is the first timing is like this is happening after -- even after the election, and even human rights lawyers and activist are saying that this is the first time, and this is something they have never seen before, how they are interrogating young people. >> and that targeting also included journalist. i stand in solidarity with you and i thank you, as always, for being with us. really appreciate it. >> thank you. next, the nation's oldest latino civil rights group says it was targeted by a series of raids in south texas. why they are demanding the doj step in and create a probe. you are watching "josé diaz-balart reports" on msnbc. ♪ me and my friends ♪ ♪♪

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some are calling it voter intimidation. joining us now is texas state senator, roland gutierrez. what happened here. >> officers from the attorney general's office went with early-morning raids and wide-ranging expansive warrants to go to the activists homes and searching their homes in some cases, and doing lengthy interviews. one 87-year-old activist told my colleague on the ground saying they looked through her underwear drawer and through her garage and looking for voter banks, and it's clear they are looking for violations. attorney general paxton has been looking for voter fraud for a long time, despite, as you say, it's not a widespread problem in the united states. he has been very focal saying he

believes there's widespread noncitizen voting that will be used to vote in november, and we don't know everything about this investigation, of course, as it's ongoing. we do know they are targeting voter harvesting and voter identity thefts crimes that they state in the warrant we were able to obtain. >> thank you so very much. senator, always great seeing you. i am just wondering, what do you see happening here? >> josé, this is voter intimidation, is what it is. he's intimidating latinos. here you have of some sort for securities fraud, that was 271,000, it is important to say those things because we have to consider the source. and now what he's done after historically doing this kind of activity before elections in districts that republicans are trying to win over, like they

are trying to win in house district 80, he goes in and makes up these false accusations. accusations that he then gets to go on the stump with and accusations that trump gets to talk about in texas and so on. they are creating a narrative in texas that it becomes their national narrative. whether it is voter harvesting or immigration, this narrative is created by these localized republicans like ken paxton and greg abbott and others. and unfortunately, what it does, as i spoke to a county official in frio county, which is one of my counties, he said senator is scares latinos from voting. they then just simply don't want to go to the polls, they don't want to go through the trouble because they don't want to be raided like these -- were raided. they came into that. homes of three 80-year-old women and made and interrogated them. that woman, the 87-year-old

woman, was interrogated in her bathrobe. she asked them to allow her to change. they did not allow her to change. for four hours they have her in custody. it is a shame and travesty what kevin paxton is doing in texas. >> what actions, if any, are you planning to take against these raids, senator? >> well, lulac has asked the justice department to come into play, and myself and others are asking for an investigation into latino voter intimidation in texas. i don't think that is go very far in this republican-controlled senate. it is not that -- we have our hands tied and we'll keep fighting and trying to tell the tooth and that is basically all we can do. >> and senator, you are speak being this narrative being created by the governor and others like paxton, governor greg abbott announced yesterday that the state has removed over

a million ineligible voters from the voting rolls since 2021. what is that all about. >> so they went back and created a piece of legislation to purge voter rolls from people that had registered to vote and simply had not voted. so if you've registered to vote in the past, and you didn't vote in the last couple of elections for whatever reason, let's just say you decided to stay home, you now cannot vote in the future and you need to reregister. this is just another way they have made it much hard tore vote in texas. texas is truly the last stand for the right-wing republicans and they've allowed greg abbott and paxton and patrick to frame the national narrative, rather than to solve the problem that's are ailing us here in texas. the real problems about child health care and health care in general. mass shootings that you and i have talked about. like what we experienced in uvalde. all of the failures in texas have been under the helm of a 30-year republican control. and they don't want to let go of

that and they don't want to let go of that control and we're going to keep fighting as best we can. >> and senator, i do want to ask you about uvalde that was the scene of that horrible massacre. what can you tell us about the folks there? how are they doing? >> well, it is interesting how these two things are seemingly wouldn't be intertwined and one of these instances with one of these people, you have texas rangers show up in the last couple of days with ar-15s to their doorstep when their kids were inside sleeping. that was depicted by one of the people. so what the texas rangers couldn't do in uvalde, they were very tough in this instance. to your point of your question, the families, all they want from this government in texas, jose, is transparency, accountability, and policy change. and they have received none of those things. all i can do is continue to fight and advocate to try to get

some of those things to happen. here, you just saw last week, the retirement of steve mccraw, he shouldn't be retiring. you shouldn't give him a branch. he should have resigned several years ago. >> roland gutierrez, thank you very much for being with us this morning. appreciate it. >> thank you. and a quick programming note. on saturday the 7th of september, don't miss the opportunity to attend msnbc live democracy 2024, it is our premier fan event in brooklyn. a first of its kind in person, interactive experience, take a look at all of those beautiful human beings on your screen. you could hear from msnbc hosts and experts and you could scan the qr code in the center of your screen or go to msnbc.com/democracy 2024 to get your tickets now. that wraps up the hour for me. i'm jose diaz balart. you could reach me on social at

jd ball art and watch clip from our show and youtube and msnbc.com/jdb. katy tur with andrea mitchell picks up with more news next. l picks up with more news next ♪ (vo) you've got your sunday obsession and we got you. now with verizon, get nfl sunday ticket from youtube tv on us and get every out-of-market sunday game. plus $800 off samsung galaxy z fold6. only on verizon. (jalen hurt) see you sunday. (restaurant noise) allison! (restaurant noise) ♪♪ [announcer] introducing allison's plaque psoriasis. she thinks her flaky, gray patches are all people see. otezla is the #1 prescribed pill to treat plaque psoriasis. over here!

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