set your dvrs so you can watch 306 whenever you like. we're back at 11:00 p.m. eastern tonight. right now don lemon with the very latest on "cnn tonight." don? this is "cnn tonight." i'm don lemon. breaking news in the middle east. hamas flat-out rejects calls for a ceasefire with israel, demanding an end to what it calls israel's aggression. but israel says the ball is in hamas' court. violence up close. hamas tv airs video purporting to show militants crawling out of a tunnel inside israeli territory, attacking an israeli military post. israeli soldiers were killed in the attack. more on this video straight ahead. also, where is egypt in this conflict? for many years it was one of the most powerful players in the region, but has a change in government cost the possibility of peace? also, harsh criticism inside israel for secretary of state john kerry over his efforts to broke area ceasefire. is the criticism warranted or it is out of line? plus, suspended from the

espn, but only for one week. steven naismith's remarks about domestic violence sparking a firestorm tonight. we want to know what you think about all of this. make sure you tweet us using the #askdon. we're beginning with the breaking news. hamas angry rejecting a ceasefire advanced by the palestinian authority saying there won't be a truce until israel ends what it calls the siege of gaza. but an israeli official blames the ongoing violence on hamas for repeatedly rejecting ceasefire proposals. cnn's martin savidge live for us in jerusalem tonight. hello, martin. you know you saw this video, which purports to show a hamas fighter sneaking out of a tunnel to attack israeli soldiers. does this make israel's point about the danger it faces? >> it does to a point. i guess i should start with the obvious caveats, which is we don't know when this video was shot. we don't know where this video was shot. we don't know how much of this video was edited.

we don't event know if it is really legitimate. but that said, it certainly has the look of legitimacy. hamas claims this was shot during an attack on monday. israel confirms there was an attack on its soldiers coming from a tunnel by hamas on monday. hamas says it killed ten israelis. israel says that five of its soldiers died in the attack. so there is some basic agreement here. the other thing that is interesting by this video, israel has maintained that these are terror tunnels, in other words, tunnels being used to go after the population of israel. yet in this attack, it's against a military target. and we know last week the idf reported that its soldiers were struck from a tunnel before. and in gaza they say they're being struck from tunnels. in each of those cases what i'm pointing out here is that the attacks were on soldiers, which could be considered legitimate targets. so in some ways, this is very compelling in supporting hamas' argument that no, these tunnels are being used to wage a war,

not to go after civilians. and the video wouldn't seem to dispute that. >> all right. let's talk again about another ceasefire rejected. hamas rejected a ceasefire proposed by palestinians on the west bank, insisting on an end to the blockade. is there any incentive for israel to stop bombing now? >> well, you know, if you listen to what is being said, and certainly, if you look at the horrific imagery of the number of civilians killed in gaza, it's now 1,229, i think, around there, and if you look at the number of israelis that have been killed, certainly very lopsided, you might think okay, there doesn't appear to be any agreement for a ceasefire. but behind the scenes, there is a sense that maybe this conflict has reached a point where hamas can say, look, it's got somewhat of a victory by holding off israel. and israel can say look, we've destroyed most of those terror tunnels. and we have at least inflicted great damage on the rockets. it could be a point where both sides might be willing to stop.

visually, you don't see it. verbally, you don't hear it. but it could be at that point. because otherwise israel then would say we got to go all in. which is do they really want to go after and try and topple hamas, and thereby maybe retake control of gaza, which would be expensive in lives and in money? and hamas, they must know that they're not going to come out of this if they go full-on with the israeli military intact. so it could be that both sides might be reaching a realization point of let's stop where we are. and take it up from there. we don't know. but it's possible that point could be reached. i think a lot of people are hoping certainly a ceasefire could come. don? >> martin savidge in jerusalem tonight. thank you. i'm joined by israel's ambassador to the united nations. good evening, sir. thank you for joining us tonight. efforts to reach a ceasefire lasting more than a few hours have come up empty. you heard that hamas rejected a ceasefire proposal by the palestinian authority. what is israel ready to agree to

in terms of an immediate ceasefire? >> well, as you know, israel said yes to a series of ceasefires, also humanitarian ceasefires. and the hamas rejected them. so in the sense, hamas has a very interesting notion of ceasefires. we seize, and they fire. look, i think it's obvious if you look back, what does israel have to do in gaza? i headed israel's foreign service. and it's important to put the context. when we left gaza, never to look back into gaza. we left gaza into the 67 lines, the green lines. we brought over greenhouses. the idea was to have gaza become a place where people could live. >> understood. but what are your terms for a ceasefire now in this ongoing immediate conflict? >> it's very simple. the equation is really simple. if it's going to be quiet in israel, it's going to be quiet in gaza.

there's not more than we want. that's what we wanted initially. if we look back, this could all have been spared. when we ask for a ceasefire and said we wanted a ceasefire, hamas kept on going. we would never known about those terror tunnels, which surprisingly you tell you, mr. savidge there, that the tunnels reached over to at least three kibbutz in israel which are usually not military installations. the terror tunnels, the firing of rockets on israeli civilians, 2,600 rockets, this is absolutely amazing. >> let's put up this video of the tunnels allegedly showing israeli soldiers being fired on and killed. again, this is from al aqsa, saying brigades killed ten israeli soldiers. israel is saying five israeli soldiers. again, cnn cannot confirm the authenticity of this video, independently confirm it. but if it's been edited.

what do you make of this? does this prove your argument here? >> absolutely. it proves exactly what we're saying. there is a maze of terror tunnels in gaza all aimed to basically either murder, maim, or kidnap israelis. we found them with uniform of the idf, with syringes. they're out there, day in and day out. they're shooting rockets at us. so you have those terror tunnels. you the rockets. and basically, israel is saying, hey, you don't have to be a rocket scientist to understand that if rockets fly on your head, you're allowed to defend yourself. >> no pun intended, i'm sure. it's more than just the tunnels. overnight, we aired some of it live here on cnn, the israeli military targeted some finance minute industry, hamas radio. it's a mosque. why those targets? and the follow-up questions about whether or not there should be a humanitarian effort. but why those targets? >> well, you know, it's not me.

it's the israeli ambassador saying it. but three schools, a u.n. spokesman says, you know, weapons and rockets were firing from schools. we know they're shooting rockets from mosques, from civilian installations, from hospitals. they have their headquarters in hospitals. so we have a terrain here. and this is why it's so complicated. in the sense, this is why you see, you know, israel so sensitive and what goes on. >> but why did israel target the radio station, target apparently utility companies, water there appears to be no running water. sewage is overflowing. >> i don't think the water was argued the. but in the sense communications of hamas, the propaganda elements. we're trying to basically say, hey, you know, this cannot continue. we are dealing in essence not with a country. we're dealing with a terror organization that doesn't recognize israel's right to exist. and basically has a clear goal

and that is the eradication of the state of israel. that's their goal. >> let's talk about their trying to negotiate a ceasefire, trying to negotiate some calm. the israeli media has been really savidge in its criticism of secretary of state kerry. one headline reads john kerry, the betrayal. a reporter called kerry's peace proposal a strategic terrorist attack. another called the plan a huge mistake by john kerry. is this a reflection of what israelis think of the secretary of state and the u.s. in its policies now? >> well, first of all, the emotions in israel are high. but i want to tell you, as someone who has served in washington, d.c., someone who headed the israeli foreign service, ambassador to the united nations we have no better friend than the united states of america standing with us on the front line of this. and i and i think the state of israel really salutes john kerry for what he is trying to do, which is hard.

>> but is this media criticism fair, do you think, these headlines? >> i was on record saying that the united states and secretary kerry should be applauded on what he is trying to do and trying to reach. some agreement and a ceasefire in this really complicated area. so from my point of view, thank you to the united states and the people the united states because those are the common values that we cherish of democracies in that region. but if there is one thing, if there is one thing that, you know, i want you to remember out of this interview, and it's a simple equation. and that is it's going to be quiet in israel, it's going to be quiet in gaza. we have nothing that we want more there. >> all right. thank you, ambassador. >> thank you. >> appreciate you joining us here on cnn. still ahead tonight, israel gets strong support on capitol hill, but particularly among evangelical republicans in america. and there is a theological reason for that. also ahead, experts weigh in

on the heavy criticism of john kerry that we just spoke about in israel. is it justified? and espn suspends steven a. smith over comments about domestic violence. a look what he said coming up. [ male announcer ] this is the cat that drank the milk... [ meows ] ...and let in the dog that woke the man who drove to the control room [ woman ] driverless mode engaged. find parking space. [ woman ] parking space found. [ male announcer ] ...that secured the data that directed the turbines that powered the farm that made the milk that went to the store that reminded the man to buy the milk that was poured by the girl who loved the cat. [ meows ] the internet of everything is changing everything. cisco. tomorrow starts here. the internet of everything is ch♪ [music]erything.

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welcome back. the focus of the conflict in the middle east is on israel. hamas and the palestinians living in gaza. but if you look at map of gaza, you'll see it's not just israel that borders that territory.

egypt sits to the south. and that border remains closed to gazans as well. paula hancocks has more now. >> reporter: bloody fighting enters its third week in gaza. one key player has lost its negotiating power, egypt. the west looks to egyptian president al sisi for a breakthrough, but things have changed. just two years ago, deadly violence engulfed the small palestinian territory. former egyptian president mohamed morsi brokers the ceasefire. the leader of the muslim brotherhood, the group hamas emerged from. but morsi and his party were ousted last year. a former military man took charge. >> this government in cairo is just very unlikely to do anything that will strengthen the muslim brotherhood's palestinian cousin hamas. it views hamas as it views the muslim brotherhood as a threat

to egypt's strategic interest. and therefore egypt isn't unhappy to see it weakened in the current fight. >> reporter: the rafah border rarely opened, only to allow aid in. or injured gazans out. hamas wants that border open permanently. >> there is no commitment from the egyptian government and the leadership. and what we have heard from them all the time that israel is responsible and in charge. if they ask to close off a closing point. that will do that. >> reporter: the blockade of gaza has been in place since 2007. when hamas forcibly ejected its rivals and took control of the territory, one year after winning democratic elections. egypt, as well as israel, has been destroying tunnels dug under its border over recent months, determined to stop smuggling of weapons to hamas. it also stopped the import of basics like food, gas, and livestock, which made money for hamas. >> as a result, the hamas

authorities in gaza struggle to pay the wages in gaza. and this created a lot of pressure on their rule. and it's one of the reasons we believe that hamas initiated a conflict with israel, firing rockets, and then inviting the current conflict. >> reporter: but as egypt loses influence in gaza, it also loses some of its power as peacemaker. paula hancocks, cnn, new york. >> all right, paula. thank you very much. secretary of state john kerry is being harshly criticized, especially by israel for his attempt at brokering a ceasefire. so joining me now to talk than and other aspects of this conflict is aaron david mill over the woodrow wilson national center. he is a former adviser to six secretaries of state on the arab-israeli peace process. he is also the author of "the end of greatness: why america can't and doesn't want another great president." quite a name for a book. so first question to you. you heard the israeli ambassador to the u.n., ron prosor, who was

just on. he told me, quote, we cease, and they fire. is he right? >> look, the reality is that you have a conflict driven by two parties, both of which have needs and requirements that early are going to have to be met in some regard. and there is a narrative on each side. the israelis are trying to degrade and ultimately destroy hamas' tunnelling capacity. it's a repository of high trajectory weapons. and hamas' goal is to survive, keep its military and political cadre alive. kill as many israelis as possible. they have already quadrupled the number of idf casualties than in the two previous confrontations. and then ultimately negotiate for what it is i think they want, at least for now, which is to open gaza and deliver benefits for 1.8 million people. for whom they're not right now the most popular of leaders.

so cease or fire, you know, you decide which narrative you want to take. the reality is at some point, and i'm not sure we're there yet, there will be enough urgency and imperative on each side to begin to de-escalate. and at that point, a mediator, egypt, israel, a combination of egypt, the u.s., the israelis are clearly going to have to be involved, a combination of some sort will find the right terms to create hopefully something more durable. >> but do you think that's possible? because the secretary of state has been trying to negotiate with egypt, trying to help broke area ceasefire, and so far nothing and now he is getting highly criticized for it. >> don, it goes with the real estate. you don't work on the negotiations without getting hammered and sometimes mercilessly by both sides. i used to be a lot material before i started working on arab a-israeli negotiations. i worked on them for 20 years. it goes with the territory.

if kerry can be criticized for anything, in my judgment, it's care together much. it's thinking somehow with a degree of urgency that the parties didn't share when he went into this initial mediation effort, that somehow he could just put himself in the middle of the mix and that the mix would cooperate. well, the reality is the mix does not always cooperate. >> so you're saying he does not -- the criticism is not warranted, that he is getting. you heard the ambassador saying listen, we applaud him and we stand by him. we have no greater ally than the united states. no greater friend. >> i think ron prosor is a diplomat's diplomat. i think he probably means it. i think prime minister netanyahu has worked with kerry for nine months. we know that president obama and the prime minister don't have the best of relationships, to say the least. i think the israelis were perturbed. there is no question that kerry seemed to treat hamas and israel with a sort amount of equivalency. that they elevated hamas' requirements without

fundamentally sharpening and detailing what israel's requirements were. i think all of that is in play here. but, again, i heard george mitchell tonight on cnn. you do not play the role of mediator without getting beaten down. in fact, the reality is when both sides don't like you but need you, you know in fact that you're actually beginning to accomplish something. >> you're probably doing the right thing at least in the moment. you have advised six secretaries of state on this conflict whom. had the most successful approach? >> you want me to make tories unhappy. look, i work for rs and ds, republicans and democrats. all of them had very special qualities. if you ask me flat-out, i worked from schultz to colin powell. if you ask me who had the best negotiating skills, who had the support of the president, frankly, who was the best negotiator that we've had since henry kissinger, it would be one

guy. it would be james baker. and baker worked on this problem. he was a great actor. the president had his back. he knew how to be tough. he knew how to be fair. he knew how to be very reassuring, developing a relationship with yitzhak. circumstances cooperated. and the united states, during those years was admired, feared, and respected. the reality is we're not any of those things right now. >> thus -- >> and it lowers our secrete cred and our influence. we can still be effective, but we've got to be very smart, and we have to decide when in fact we can use our influence. >> i can see why you wrote the book. thank you. i appreciate it. you're welcome back any time. we appreciate you joining us. >> always a pleasure, don. thanks. why are so many americans, especially evangelical americans rock solid in their support for

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welcome back.

aside from israel's role as a strategic ally in the middle east, what is it about the united states that so many americans and so many republicans are firmly in israel's corner? here is senior washington correspondent joe johns. >> reporter: it isn't often you see conservative republican senators ted cruz, lindsey graham and jim inhofe on the same page as liberal democrats like senator ben cardin of maryland and house minority whip steny hoyer. but that's how it works when it comes to israel. in part, the pro israel fervor is due to support by evangelical christians, who make up half of republican primary voters. a p pew poll says almost twice as many evangelicals, 82% believe god gave the land of israel to jewish people compared to only 40% of american jus who believe the same thing. the evangelical support can be traced back to the book of genesis, who says of the people of israel, i will bless those

who bless you and curse him who curses you, and in you all the families of the earth shall be blessed. john hagy from a megachurch in texas has made a name for himself in this movement. >> these young men -- >> reporter: in this video released two weeks ago on youtube, recorded on the israeli border with israeli troops standing behind him, hagy makes his case. >> i'm saying this as an american citizen to all american citizens. if there was ever a time to stand up and speak up for israel, it's right now. >> reporter: the christian zionist movement has been controversial. not because of the politics, but because of its forward-looking theology. many evangelicals believe that the land of israel will play a key role in the future. the final battleground between good and evil until the end of the world, at which time the believers will be raptured or taken away to heaven. back in 2006, when i interviewed pastor hagee, here is what he

said about rapture and the jews. >> the jews, who you support are raptured up too? >> no. the rapture is exclusively for the church. >> reporter: but over the years, the theology has changed. what once sounded like the church encouraging conversion of jews to christianity has been revamped and revised. in forward.com in 2010, hagee writes some worry that our efforts are motived by a desire to convert jews. others posit that our zionism is tied to the speed of the second coming of jesus. both of these allegations are flat wrong. the change in doctrine may help some jews overcome their historic suspicion of evangel calls. but in d.c. where politics makes strange bedfellows, supporters of israel aren't taking anything for granted. joe johns, cnn, washington. >> appreciate that, joe johns. i'm joined by peter beinart, and

marc lamont hill, political commentator, alan dershowitz and the author of "taking the stand: my life in the law." you guys are back. so i know it will be an interesting conversation again. welcome back, thank you for join uh us. peter, take a look at a recent cnn poll. 60% of americans have a favorable view of israel. but if we break that down along party lines, republican sympathizes with israel more than democrats. a difference of 18 points. why is that, peter? >> i think it's because most democrats support israel's right to exist, democrats are more willing to acknowledge that there are real human rights concerns about israel's control of the west bank where jews have citizenship, the right to vote, live under civil law while palestinians lack citizenship, lack the right to vote and live under military law. i think of their generally progressive positive points of view and sympathy for the underdog, i think democrats while still supporting israel's right to exist, are let's likely to support israel's undemocratic control of the west bank.

>> it's not necessarily the same for elected officials. because elected officials overwhelmingly i think support israel, don't you think? >> is that for me? yes. you don't find that same division, public division reflected amongst politicians. and i think that's largely because for a very long time now, the safe political move has been basically to define being pro israel as supporting the positions of the israeli government. what i would democrats and republicans would do is define being israel supportive of the principles of israel's declaration of independence which call for complete equality irrespective of race, religion and sex. that's the zionism i believe in. >> one other poll. alan, i want to direct this to you. younger americans are far less likely to say israel's actions in the gaza strip are justified. the younger they are, the less support they have. why would that be?

>> well, i think the hard left has taken on israel as a project. and to be invited into the hard, hard left, mostly it's the anti-american, anti-western left, you have to hate israel. >> but younger voters? >> you have to support hamas. >> this is true of people of the left. now people who are younger want to be associated with the left. and so i think that the figures are very skewed. i think average democrats who are not part of the hard left support israel overwhelmingly. but the democratic party is also home to the very hard anti-american left, anti-western left. so when you include them in the democratic party, you see that skewed vote. every every democrat i know supports israel as enthusiastically as republicans do because israel does in fact have democratic values. now if peter was right, there would be a comparative analysis. who is more democratic, israel

or gaza or hamas? who is more supportive of women's rights, israel or hamas? who is more supportive of gay rights, israel or hamas. you would see people making -- well, no -- you would be surprised how many support hamas. and let's talk about the palestinian authority. the palestinian authority is not known for its support of these liberal democratic -- i think it's a hard left opposition. >> you guys are sitting there and you're being very well behaved there. marc, go ahead, jump in there. what is your reaction to what he said? younger people are more liberal and want to be democrats. >> he is going a step beyond that. he is saying they're hard left, that they're anti-west, anti-america, as if to say that to have a critical stance on israel is to be anti-american. >> it's true. >> it's a bizarre leap of logic. >> is it to be anti-israel as well? >> that's the other piece of this that is confusing to me. the truth is that you can have a support of israel's right to exist as i do. at the same time having a stern critique of israel for human

rights violation against the palestinian people. >> no, you don't believe in israel's -- >> alan, alan. >> let him finish. >> adam, i didn't cut you off once. let's model democratic values right now and let each other talk. i actually do agree with israel's right to exist and to defend itself. but i don't frame the argument purely as israel defending itself. we have to think of israel as launching an offensive attack. israel is launching a siege in gaza. israel continues to occupy gaza by land, air, and sea. that's the issue here. but to your question, don, about why young people tend to do this, it's for a few reasons. one, because they have access to social media. if you look at all this data, you see the young people are accessing images of the gross human rights violation, the awful atrocities that are happening in gaza. and it's hashed to see that and not have a more critical posture against the state of israel. it doesn't mean you don't want israel to exist or thrive, you want palestinians to also live and thrive. >> stand by. listen, guys. alan, i have to get to a break. we're going to continue on with

this after the break. don't worry about it. up next, we'll talk about the israelis and palestinians have been engaged in a conflict since the day israel became a nation in 1948. as we look at the pictures of the sun coming up in gaza, we're going to try to figure out why the tensions are higher than ever now. why is that? we'll get to that next. ugh. heartburn. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm. amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief.

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the breaking news tonight. rockets found inside a u.n. school in gaza. the u.n. has condemned the people who would endanger civilians. so back with me now is peter beinart, marc lamont hill and alan dershowitz. alan, i wanted you to finish your thought. listen, these new cache of rockets being found in a u.n. school, does this bolster the israeli argument here? >> well, israel doesn't need to have its argument bolstered. the fax speak for themselves. i think all the commentators agree that hamas wanted this war. it initiated this war for its own purposes. israel didn't want this war. this is a purely defensive war. if hamas were to give up its arms, there would be peace. if israel were to disarm, there would be genocide. that's the reality.

and hamas hides in the u.n., it hides in schools, uses its civilians as shields. it wants to maximize civilian casualties among the palestinians so that israel's enemies can paint those pick on television and create the animosity that we talked about in the earlier segment. the world has to come to realize that israel is fighting this fight not only for its own survival, but for the survival of western values. this is a new tactic. using civilian shields, using terrorism against civilians. we have to fight that in a united way. the united states must stand behind israel and fight this terrorism. >> alan -- go ahead, pete. >> alan makes a really impassioned and compelling argument. very little of it is true, though, and that's what i find problematic. number one, this current moment hasn't been initiated by hamas at all. the pretext for this attack was the killing of these teenagers, these three israeli teenagers.

>> that's a pretext. that's a pretext. they weren't killed, right? >> no, they were killed. but the day before, palestinian man and his child were killed. well could use that as a starting point. it's an arbitrary starting point. >> who. there is a difference between whether hamas and whether an individual is killed. >> okay. let's deal with the by whom. according to israeli intelligence, according to media, according to all credible sources, hamas didn't kill the three israeli teenagers. it was done by a lone teenager. >> hamas members did. they were acting as a local cell on behalf of hamas, yes. >> is there a mute button or something here, alan! if we're talking about known actors, that's the thing. well can pick arbitrary starting points. none of this is about the killing of teenagers or a man and his wild. all that of is a pretext. >> it's about tunnels. >> no it's about occupation, alan. >> no, it's about tunnels. >> alan -- >> no it's not about tunnels. >> peter, peter, go ahead. peter, go ahead. go ahead, peter. >> alan said something

particularly disturbing. human rights, dignity of the individual is not a western value. it's a universal value. when people struggle for that -- >> i wish it were so. >> that is gandhi was not from the west. nelson mandela was not from the west. i think it's very disturbing to design these things in civilizational terms. secondly, although i would love to see israel get rid of all of gaza's tunnels and weapons, it's simply not the case that you can credibly argue that if gaza were to be demilitarized, as i would like it to be, israel would be moving toward the two-state solution. we've played this out in the west bank. we've had for several years now a palestinian leadership in the west bank, mahmoud abbas and before him fayed who did security cooperation with israel, who recognized israel's right to exist again and again and again. and instead of getting serious negotiations towards a two-state solution, they have got the

greatest settlement growth in israeli history. and that's what strengthened hamas so dramatically. you discredit people who practice nonviolence and you lead people into hamas' hands. >> let's look at these tunnels. >> hang on, alan, you can respond. but let me get this question in here. you mentioned these tunnels. peter mentioned the tunnels as well. this is from al aqsa saying the brigades killed ten israeli soldiers in the operations. these are the tunnels. the israel newspaper saying five israeli soldiers were killed. i have to give a caveat here. it appears that this video has been edited. so we cannot independently confirm its authenticity. you said this was about tunnels. but it certainly looks very threatening. >> and rockets. >> and rockets. go ahead. >> this is about tunnels and rockets. and when israel abandoned and gave up the occupation of gaza in 2005, there was no occupation. that was the response. and then in 2007, oh merit

offered a two-state solution. again another a two-state and arafat refused it. israel has repeatedly offered a two-state solution. the process is ongoing. but hamas is sending rockets and sending tunnels. and this is a response to this form of terrorism. hamas is hiding its terrorists among civilians. the entrance to the tunnels has been hidden among civilians. and i haven't heard either of these two advocates against israel's position denying the fact that israel must close the tunnels, must stop the rockets. and israel has offered over and over again, unequivocally, if the rockets stop and if the tunnels are closed, there will be peace. [ overlapping dialog ] >> rockets are being fired is ridiculous. >> if israel destroys the rockets and destroys the tunnels and yet maintains a blockade that produces more rage and

despair amongst young palestinians in gaza, many whose family members have now been killed, people will rebuild those rockets and rebuild those tunnels and visit more attacks on the israel that you and i love. >> i do have to say that you guys are the embodiment of what is happening and why it's so tough to broker any sort of agreement there. it's even tough to just control the conversation. imagine trying to broke area peace agreement. thank you, i appreciate you gentlemen again this evening. i hope you will join us again. an nfl star suspended two games for assaulting his fiancee. today a popular espn commentateler be off the air for one week for his controversial theory as to why the assault may have happened. are either punishments severe enough? that's next. this is kathleen. setting up the perfect wedding day begins with arthritis pain and two pills. afternoon arrives and feeling good, but her knee pain returns... that's two more pills. the evening's event brings laughter, joy, and more pain... when jamie says... what's that like six pills today?

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to try to make sure it doesn't happen. we know that wrong. we know they're criminal. we know they probably deserve to be in jail. in ray rice's case, he probably deserve morse than the two of game suspension that we boast acknowledged. but at the same time, we also have to make sure that we learn as much as we can about elements of provocation. not that there is real provocation, but the elements of provocation. you've got to make sure that you address it. because what we've got to do, do what we can to try to prevent the situation from happening in any way. >> okay. so espn has announced that smith will not appear on air for one week. question is that enough? joining me now civil rights attorney gloria allred, mark o'mara, and mr. brian stalter, senior media correspondent and host of reliable sources that i watch every sunday morning. >> thank you, don. >> brian, listen. after a few days of this swirling controversy, espn acted today. stephen a. smith is off the air for a week. why did espn take this action? >> i'm a little confused by the timing.

because he came on to the air on monday morning, read his apology, and then went on back to work like nothing had happened. he went on again today. but this then this afternoon espn decided to take him off the air for a week. they don't use the word suspension, but this is clearly a suspension. he is away for a week. >> do you think this is a fallout that they had a change of mind? >> one of the things the espn president said in his internal memo. he talked with law enforcement people at espn, including a lot of women at the network. he talked to the employee resource group there, got their feedback. and i do think after maybe getting a lot of people's feedback, you can see it here in the statement, they say it will return next wednesday. after getting all that feedback, maybe that's why they decide to do this. i think if they were going to do this, they should have announced it on monday when he apologized rather than having to go back to work for two week. >> they never said suspension. >> they're very careful not to use that word. by the way, they admit it's a suspension if you really ask. >> gloria, many people, and brian just talked about it, many

people including some of stephen a.'s female colleagues were taken aback by what he said. what does it imply when you say a woman provoked a man? >> well, i think that's something he should have explained by theaway in what i'll call another nonapology apology. which i don't think really addressed the issue of what he meant by we've got to learn more about the elements of provocation, suggesting that that's the way to prevent battering. guess what? here is my message to him. don, the message is that women are not to be blamed for domestic violence. they don't provoke it. and this is always what batterers say. batterers say she provoked it. why didn't she iron my shirt the right way? why didn't she have my dinner on time? why didn't she answer the phone when i called her? this is the reason that i'm hitting her. she deserves it. and this is what he has to explain and didn't explain in his so-called apology.

>> let me ask you. what if the woman hit first. that a provocation? >> it doesn't matter. not enough. >> no. okay. so let's talk than. you kind of mumbled it. i'm going to get your response to that. first i want to play. this he twice tried to unsuccessfully apologize on twitter before issuing an apology on air. but he is not the only one stepping into this controversy. listen to whoopi goldberg, what she said on "the view" and then we'll talk about it. >> you to teach women do not live with this idea that men have this chivalry thing still with them. don't assume that that is still in place. so don't be surprised if you hit a man and he hits you back. you don't -- listen, you hit somebody, they hit you back. don't be surprised. >> listen, so whoopi said i'm not advocating that anyone hit anyone. should november one should be

hitting anyone. but to my point, what if the woman hit the guy first. we don't know exactly what happened in that elevator. but does it matter in any way legally in a domestic violence case, marc, if one side provoked another side? >> well, we as a society have to say it doesn't matter. just like in domestic violence and in rape. if we don't have a very clear line, if we say well maybe she deserved it. maybe she screamed too loud. maybe she slapped me first and all we're really doing is allowing domestic violence to continue, just like what we talk would be a rape case. if no means no, domestic violence means even if she hits you first, it is still a crime you. still don't do it you. still be above it. that's the clear line. we just simply have to have. >> and let's answer the question that we stated here in the beginning, gloria, was it enough. many fans thought this was way too light a punishment for an assault. michael vick did almost two years in leavenworth in prison for dogfighting. smoking marijuana this the nfl will get you a four-game suspension.

but assaulting your fiancee only gets you a two-game suspension? >> well, excellent point. there is no proportionality. just another sign of how little we value women and violence against women, that it's only a two-game suspension. violence against women really matters. women across the country are having bones broken. they're having their noses punched in. they're often having their lives taken by men who are beating them. and often in these situations the men are much taller, they're much heavier, they're much physically stronger. and they're beating on women who have done nothing to deserve it, just the fact that they're alive and breathing, and the man can beat them is what causes the man to beat them. he has to know nothing they say or do can provoke him. he is responsible for his own reaction. >> you're describing horrible situations. you know what surprise me, don? >> quickly, brian. go ahead. >> on facebook, so much of the

feedback i'm seeing from people is from women, some of them saying he was making an important point. and yet i think one of the many mistakes he made was he was a man speaking about this to another man on tv. there were no women who were discussing it with him. that's the much more -- that is now happen i don't think line, but not on tv. >> he was doing it under a time limit like this segment. thank you, guys. we'll be right back.

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time now for "cnn tonight" tonight, the stories that you'll be talking about tomorrow. the outbreak of ebola in africa is growing worse. an american named patrick sawyer who was working in liberia has contracted the disease and has died. his wife will be on cnn's new day tomorrow morning. make sure you tune in. i'm don lemon. thanks for watching. that's it for us tonight. "ac 360" starts right now. good evening. it's 11:00 p.m. on the east coast of the united states, and it's a big night on many fronts. breaking news out of gaza. international inspectors make an ugly discovery, rockets being hidden at a school in gaza, and not for the first time. also tonight president obama announcing new sanctions on russia over ukraine and the downing of flight 17. and fielding the question a lot of people have been asking ever since. >> is this a new cold war, sir? >> new developments on that. and at the crash site.