caused by commode cortis. >> and you can talk about people rallying for others. and this story about hamlin turned into a story about high manity. >> reporter: he said return to the bills completing one of the greatest comebacks in history. >> this event was life changing but it is not the end of my story. >> thanks to andy sholgcholes f that. "cnn this morning" continues now. new this morning appealing to the supreme court, the colorado republican party wants the justices to put donald trump's name back on the ballot after the state's high court banned him for engaging in an insurrection. that is not the only ballot fight. what the former president is demanding now.

and nikki haley was asked a clear question, what was the cause of the united states civil war. hear what her answer did not include as she prepares to head back out on the campaign trail. and top cabinet secretaries say they had a productive meeting with mexico's president. we start this hour with donald trump's battle to stay on the ballot. it is playing out in multiple states and big decisions could be coming down at anytime. the colorado gop is now asking the supreme court to keep trump on the ballot, that of course after the state's top court ruled that he engaged in an insurrection and therefore disqualified. trump himself could still appeal. also at any moment we could hear from the secretary of state of maine.

she's a democrat and could make the decision as soon as today. trump's lawyers are demanding that she recuse herself. they accuse her of having a personal bias against the former president. trump is coming off a legal victory in michigan, that state supreme court has rejected an effort to try to kick trump off their primary ballot. >> and elie honig is joining us. let's start with the 14th amendment. what exactly does it say? >> you always start with the text. 14th amendment, ratified in 1868, important part of it is section 3 which tells us that no person shall hold any office who shall have engaged in insurrection or rebellion origin aid or comfort to the enemies thereof. seems fairly straightforward. but the question it leaves open, how does this get decided. who gets to decide. if you flip ahead to section five, it tells us that congress

should have the power to enforce by appropriate leprovisions. and so the question is do the states have the power. and if they do, are those procedures adequate to protect the due process interests of whoever is at stake. so this has led to a flurry of lawsuits and political efforts to get donald trump thrown off the ballot. >> so secretaries of state are very much in focus right now in multiple states. >> yeah, a lot of the efforts have started with individual state level secretaries of state. today we're watching maine. and important to note these rulings often are precursors to litigation that follows. if we look at the broader landscape, it has not gone well.

we've seen secretaries in these states decline to kick donald trump off. they have said we didn't believe we have the constitutional power do that. that includes democrats. michigan. and also republicans. brad raffensperger. we know he was on the receiving end of one of donald trump's efforts to try to flip an election result. both have said we don't believe that we have the legal power to throw him off the ballot. >> one success going through the courts. explain why. >> so the map doesn't look great in terms of how the cases have come out for people trying to throw trump off the ballot. let's look at the landscape. those legal challenges have been rejected by courts. some bay the state supreme court, some by lower courts. but in these six state, 0 for 6. most recently just yesterday the michigan supreme court said no, we're not throwing him off the ballot. there have been a dozen or so other cases where plaintiffs

have brought lawsuits and withdrawn them for various reasons. so those lawsuits have in the gotten anywhere. colorado at this point stands alone. they are the only state court that has thrown donald trump off the ballot. but of course they are not going to be the final word. last week the colorado state level supreme court, seven justices all appointed by democratic governor, 4-3 ruled trump is disqualified. next step is the u.s. supreme court. the colorado republican party filed suit and i think trump will also file soon. and i think ultimately given this map, i think the u.s. supreme court has to intervene to give us clarity here. >> what about the new filing from jack smith in the election subversion case trying to limit what trump can say about politics? >> over to the criminal cases. this is a normal motion. used to file it all the time. we called it the anti-b.s. motion. because there are limits and

that is what jack smith is doing. saying we can't get into irrelevant arguments about political motivations or the level of security at the capitol. and i think jack smith is right. none of that should matter to the actual defense. the judge will have to try to set limits. yes, you can defend yourself aggressively, but it is not a free- free-for-all. >> all right, thank you. and more now on how the president is reacting. kristen holmes is joining us. let's start with what he is saying this morning about the possibility of being taken off the ballot. obviously his team is keenly focused on the state of maine. >> yeah, of all of the legal battles that donald trump is facing, this is the one that he and his team are the least concerned about because of what you just saw on that map. there were multiple cases put forward and then withdrawn. and in key states like arizona, minute, new hampshire, florida, georgia, now michigan, they have

all rejected this idea that donald trump can be thrown off the ballot. so last night in an interview, we heard from donald trump essentially saying that he hopes the supreme court sides with him when it comes to the state of colorado. we know that this is now at the supreme court because the republican party has brought it there. and we also believe donald trump will still be filing his own appeal. but the interesting thing about maine, there is a differential here. some of the states it goes directly to the courts and the others it goes to the soecretar of state. in maine, donald trump wants her to recuse herself pointing to former posts that he says show she is anti-trump. that is unlikely to happen again even after the secretary of state in maine rules, it will likely go to the courts. but that is where the steps are being taken right now. >> and i want to ask you about your story this morning because it dives in on a dynamic that i

think is probably underappreciated in terms of there is a very professional campaign apparatus working with donald trump this time around. very different from 2016. and yet still the constellation of allies on the fer arrivery who all want to claim they are doing things for his campaign. how does this dynamic play out? >> it has been fascinating to watch. as you noted this time around that is different from 2016 and 2020, not only this team very disciplined, it is also very small. what they have done, led by two veteran republican strategists, they have worked on the math. they have been traveling the country and meeting with state parties working on the delegate math. the other part of what they have done is work to manage the messaging. what they don't want is the internal leaks that hurt donald trump in 2016 and plagued his presidency to his chances of going back to the white house. and they know he is going to do what he wants and say what he

wants. but what they are trying to do is manage the people around him and have a cohesive message coming out of it. as it looks clearer that he will possibly be the gop nominee, people have started to come out of the woodwork. what i'm hearing from so many people who have stood by trump throughout this time, it is hard to manage that messaging from the people outside. because donald trump's orbit is very big and there are a lot of people who want to show that they have power in case he does win a second term. >> control what you can. great reporting. also this morning, iran suggesting that hamas' october 7 attack was in response to the killing of a top iranian general in 2020. mark heesper, what he makes of e allegation. and more than 10 million people across new jersey, eastern pennsylvania and northern dell care right now under a flood watch.

some areas could see as much as 3 inches of rain. washington, d.c., baltimore and philadelphia and right here in new york at risk.

homeland security secretary says he had a very productive meeting with mexico's president. the talks were about the surge of migrants at the southern border. the mexican counterpart said they discussed the importance of the economic relationship specifically between the two countries, also the root causes of migration and poverty and violence. the meeting is as the southern border has officials scrambling to respond to really an unprecedented level of illegal crossings especially in recent weeks. joining us for more is former defense secretary mark esper. appreciate your time this morning. the readout of the meeting is

that it was very productive. my question to you is, would can actually happen now that would be most effective to stem the tide of the crossings? >> first of all, i'm not surprised that they are reporting that it was productive. it is important for both sides to announce such a thing, important economically for both sides as well. politically also. but look, mexico has been through this before with the united states. these short term campaigns if you will to address the surge, they can be effective, but the challenge is mexico doesn't have the funding, the infrastructure, the staff, frankly the motivation to try to keep up with the things that the united states is requesting. and of course they have to do those things with a degree of criminality happening in the country due to the cartels and degree of corruption as well. and so i'm sure it could well have good short term effect but we really need more security coupled with immigration reform to address the long term

problems we see. >> we know what a second term trump administration may look like in terms of dealing with migration. he's laid it out. and you've called some of the terms that he has used such as immigrants poison the blood of our country, you have said it is unamerican. but the "new york times" deep dive reporting laying out exactly what trump has said, rounding up undocumented people by the millions, holding them in camps before deportation, many by the way that would not include due process hearings, reassigning of federal agent, deputizing local police. numbers were way lower during the trump administration. even in the highest year, about of that crossings that we've seen under the biden administration. but do those strategies concern you? >> well, the things you

mentioned, but they resonate with his base who is very concerned about border security. and when you enlarge that, clearly there is a growing bipartisan concern about border security. big city democratic mayor, governors as well. and so this high school become a big political problem for president biden and donald trump is capitalizing on it with the objectives, the actions that he is discussing. >> in your memoir, you made a lot of headline, but would not that stood out, you wrote president asked you in 2020 about launching missiles into mexico. as a way to fight off the cartels. and trump reasoned that mexico didn't have control over its country and no one would know that it was us. do you think that is something that he would actually pursue in a second term? >> i think so. he's talked about it. he has not denied it when my

memoir came out. and to be fair, i give him credit for being very concerned about what was happening on the border. we know 100,000 or so americans a year are killed by fentanyl. but the other challenge is 2.1 million people crossed last year, many, many more escaped before of those who crossed, 15,000 are noncitizen criminals with convictions. we have over 100 on the terror watch list. there is a lot of concern across the country and certainly in the republican party, my party, about border security. so trump is tapping into all these things. his view is if we can knock out the cartels with missiles that would take care of the criminal problem and as you noted, he thought nobody would find out. but of course they would and it would have been an amounts of war. but we need mexico's cooperation, not their antagonism. >> let me move to the war

between israel and hamas. we know that secretary of state antony blinken is going to go to the region next week. there is big concern about a broadening of the war given what is happening in the red sea and also in the north of israel and hezbollah. benny gantz, a member of the war cabinet, said stop watch for a diplomatic solution is running out. do you think a wired regional war is inevitable? >> maybe not in-evident only, but certainly possible. maybe it has been unreported, but i think there are near daily clashes on the northern israeli border with hezbollah specifically. we've had over 100 attacks on u.s. forces in iraq and syria and elsewhere. over 100 missiles or drones launched by yemenis toward the red sea. so, yes, it could open up very quickly. i'm surprised it hasn't this far. but you can hear the drums

beating louder than they have in the past. >> every time that we have a representative from the israel will i government on or idf, consistently the message is that we have to almosteliminate hama. but french president said i think that we've reached a moment when the israeli authorities will have to define more clearly what their final objective is. total destruction, does anyone think that is possible. if it is that, the war will last ten years. do you agree with him? >> look, it depends on how you define it. if you define eliminate hamas is ideology, i don't believe that is possible. early days we talked about the word defeat. in military terms that means eliminating their offensive capability and the ability to regenerate it. and in this case if you define it as going after their top

leaders, getting rid of their munitions and armaments. and in my view you have to get rid of the logistical support system which is the tunnel, yeah, they could do that. and i've said that you have to cut off the supply chain of money and arms coming from iran as well. that is the biggest challenge that i think the west needs to face up to. >> reality is so many efforts have not proved fruitful. and you have hamas leaders and media advisers saying that their goal is to have sort of a permanent state of war on all borders with israel. so can you defeat that ideology or as more and more civilians are killed in the war, does it embolden others to join the hamas effort? >> you can't defeat the ideology. it is shared not just by hamas but others. in the past since hamas has

taken over gaza, we've been through these cycles where hamas conducts an attack, israel responds, it lasts a few days and then everybody calls it quits. i think this is why benjamin netanyahu and his government are so committed to saying once and for all we're done. because we know hamas has said they want to repeat october 7 over and over and over again. so i think that is why the game changed with the horrors of onk october 7. israel says we're not going through this again. so they persist in their attack. >> mark esper, thank you very much. >> thank you. ahead, why a civil rights leader says he was kicked out of a movie theater while trying to watch the color purple. and nikki haley has been said to play it safe as she enters the final stretch of her campaign. did that contribute to this viral moment. >> what was the cause of the united states civil war?

>> well, don't come with an easy question, right?

international calls for restraint are growing this morning after israel has continued to promise to continue its war against hamas for many more months. recently video appears to show palestinian men and at least two children stripped down to their underwear and detained by the idf in gaza. s cnn can't verify when the video was shot, but it was film in in a stadium of gaza city. the incident resembles an account shared by a palestinian poet and writer in a new piece published in the new yorker. he claims that he was forced to completely undress at gunpoint before being detained and interrogated by the idf earlier this month. he was trying to cross the rafah border with his wife and three kids including his 3-year-old son who is a u.s. citizen. he says he was terrorized and beaten while being questioned about whether he had ties to hamas. he studied at syracuse and

harvard and denies any ties to hamas or terrorism. idf says they are still looking into the allegations saying in part during idf operations, a number of individuals were detained on the basis of intelligence indicating significant communications between them and terror organizations in the strip out of suspicion of affiliation. he was found to be mistakenly identified and thus released after questioning. the individuals detained are treated in accordance with international law. the poet is joining us now. we appreciate your time. i want to start with what the idf says in their statement. because what they don't discuss is what transpired between when you were detained and when they came to the conclusion that it was a mistake and you were released. and you describe it in visceral detail in your piece.

you can you tell people what happened? >> i was evacuating north of gaza which has been repeatedly asking people to evacuate. and i was going to the southern part of the gaza strip in the hope of reaching the rafah border crossing with my wife and three kids. when i arrived at the checkpoint e israel created which was called safe, i was caught by a soldier asking me to drop my son. and drop my backpacks and join the line of other people. i was later called by name and then i was taken to another area with two israeli soldiers pointing their guns at me and they were asking me to undress. i took off my sweater and pants and the two were chatting in hebrew and he said continue,

take off the boxer shorts. and then i looked at the other person next to me, the palestinian person next to me, he was also detained with me, and we were surprised that they are asking us to strip all of our clothes. so we had nothing to do but to take off our boxer shorts. when i was naked for the first time in my life in front of strangers, i was asked to turn around. so i did what they asked for. and then i was handcuffed and i was blindfolded. and then i was taken to a very close area and i was interrogated. i introduced myself in english and i asked them to listen to what i am saying. i was gist just returning to gan days before october 7. and i told him everything about me. and he said you are hamas activist and we stopped your wife and three children. so he was threatening me with my

family. i told him do you have any proof that i'm hamas activist or a photograph, a video, satellite image showing anything and he slapped me across the case and he said you give me proof. and i was wondering how can i give you proof that i'm not hamas. and then i was taken -- i was beaten, i was violently treated along with other young people like me. and there was someone next to me, he was crying and said please, i want to go back to my pregnant wife and little daughter. so that was part of my first day. i found myself in an israel will he detention center. and i was interrogated. i told him about myself, everything. and it was not a tough day for

me, but other people it was tough. and he said we'll verify the information you gave us. and then two hours later, israeli soldier said we're sorry about the mistake, you are going home. and i said are you serious. i'm going to be with my family and kids? and he said i'm serious. and i said to myself how many mistakes have the israeli army committed against other palestinians. and i thought that my quick release was i think the result of the pressure that was put by major news out llets, other medias. but i'm thinking of the many hundreds like me who are innocent who have been living in gaza who have been unable to leave gaza to study or to visit relatives, et cetera, when were there in a hellish situation.

and so this has to end. this is what i think. >> to that point, you published a public letter to president biden on christmas writing i'm not asking you to impose a two state solution nor am i asking for the bringing back the lives of the children and their families. i'm asking you as a power to impose a ceasefire for peace and children and humanity. when you look at the responses of world leaders up to this point, what dunko you think has been missing? >> what is missing is that they are not listening to what the people in the world are asking for. many people went in the street and asked for a ceasefire. not because they want hamas, but they want to save the lives of children in gaza. this war is not between israel and hamas, it is a war between israel and the people in gaza. if you look at the numbers, there are about 21,000 people who have been killed, half of them children. that is one thing that is missing in this cause. half of the population in gaza,

half are children. so after each airstrike, after each artillery schemengeesing, hal shelling, half the people killed are the children and not to mention the mothers. so they need to stop the war to protect the children and find just solution to the palestinian case. it is not only about october 7. i was wounded when i was 16 in 2009. no one ever talked about that. and i lost a lot of friends in my childhood. but no one talks about this. it didn't start two months ago, it has been going for a long time and we need to find just solution to the palestinian case. >> there is a line in your story that stood out, you wrote as details began to emerge, some gaza sans seemed excited and happy about the attack but many were perplexed and scared.sans happy about the attack but many were perplexed and scared. there is no reason to kill anyone like that. when you look to the future, uhe been talking about it, what is

your sense of what gazans want? do people want hamas to be involved in governance, what is the future? >> the problem is not only about only hamas. there is the palestinian local rift between hamas. and this political drift. what people in gaza really want, they want to have peace, they want to have their own airport, their own seaport, they want to travel whenever they want, they need to be respected outside of gaza. not respected inside gaza because we're being killed every time from the sea, from the sky, from the land. but we're not even respected outside of gaza. when you are trying to go to an embassy, for example i tried to go in jerusalem many times and they denied me. they don't want us to live in gaza and they don't want us to

leave to study or learn about other people outside. so people in gaza are asking for jobs, for a decent life, asking for their own border crossing. this has been one of my dreams as a child. i still have dreams of seeing gaza from a plane window. from seeing it from a distant ship. but you are -- israel continues to kill us. not just this war, but even before that. so people are concerned because israel has killed thousands of palestinians without hamas invading. now what we've seen on october 7, i thought israel would have an excuse to kill more and more people. and mostly children. so children and civilians have been the victims for a long

time. >> obviously idf says they are responding to the october 7 attack but the scale of the debt toll certainly something that is not in dispute. it is a very important personal story. and we appreciate your time. thank you. >> thank you so much. >> very important story. what an interview. coming up, when asked about what caused the civil war, nikki haley gave pretty long answer but left out one crucial word. slavery. she's getting pushback o on it this m morning.

what was the cause of the united states civil war? >> well, don't come with an easy question, right? i think the cause of the civil war was basically how government was going to run. the freedoms and what people could and couldn't do. >> that was of course nikki haley answering a new hampshire voter's question about the cause of the civil war. her answer at least according to the voter not well received. >> in 2023, it is astonishing to me that you answer that question without mentioning the word slavery. >> what do you want me to say about slavery? >> you've answered my question. thank you. >> next question. >> president biden responding simply writing on social media, it was about slavery. >> our next guest recently spent five days following nikki haley's campaign in iowa. this morning she writes for the

"new york times" "haley's latest remarks were in keeping with the way she and most of her republican rivals have towed the line on race and racism on the presidential trail down playing the racial history and projecting it as prejudice as challenges of the past. and she notes haley who governed the state at the heart of the confederacy has a particularly complicated record on issues of race. joining us now is the national politics reporter for the "new york times." jasmine, what a perfect piece and person to talk to. really appreciate you coming in. i was asking earlier if this is symbolic of nikki haley often critics point out trying to have it all ways with all people. >> yes, this is actually a very good example of the very thing that has taken nikki haley this far, what has allowed her to climb, but what could also very

well become her liability. on the trail, she often -- she's trying to speak to a very broad coalition of republicans, people who support the former president, people who don't. she's also trying to appeal to moderates and independents. so at times on the trail she sounds like a traditional drive with a message tightly focused on national spending and national security. but at other times she also echos former president trump how she talks about for example anti-immigrant rhetoric. and on the issue of race and racism, these are issues that she's struggled with in the past. >> do you get a sense that this is kind of a survive and advance moment, you keep this going until it becomes a one-on-one race with donald trump, if that happens, and then she makes a hard pivot and attacks, or is this the plan through as long as she lasts and until she hopes she is the nominee?

>> that is very difficult to say. i mean what i've seen from her so far is that she's been a very steady and stable candidate. actually a story like the one last night is rare for her. she rarely talks to reporters. she plays it safe on the trail, she plays it safe when talking about the former president. so this is actually a rare moment for her. so in some ways she actually stuck to her message which has been reducing the size of the federal government, granting, you leaving it up to the states to decide the difficult issues like abortion. so that is keeping with how she's campaigned, but it also shows how she is not really tackling these hard issues and voters are saying, well, when it comes to the difficult issues, where do her convictions really lie. >> i think the word convictions is so perfect. it is what do you believe. and you point out in your reporting that when she ran for

ele election, she had rejected talk of the removing of the confederate flag. and then she pushed for it. but even the way that she has spoken about it since raises eyebrows about conviction. what do you believe. listen to this exchange talking to glenn beck. >> these 12 people were amazing people. they loved their church, they lived th loved their family and community. and here is this guy who comes out with his manifesto holding the confederate flag and just hijacked everything that people thought of. people saw it as service and sacrifice and heritage. and once he did that, there was no way to overcome it. >> and that was in 2019. what are your thoughts when you listen to that and look at how she answers questions like one last night? >> yeah, so from what i've heard from state lawmakers in her own

state about thatment no, she true national acclaim for taking down the flag and they say that she was courageous in doing that. but there are state lawmakers who say we wouldn't have gotten to that without her. this is something that the state -- but it is also an issue that the state has to decide. and state lawmakers had actually already started efforts to remove the flag. so there are other state lawmakers who say that she was actually just seizing on the moment. on the trail when she talks about this moment, it is always really powerful with audiences. i've seen people leave just nodding their heads in approval and that is why again last night was a little bit out of step for her because when she has faced difficult questions about divisiveness, there have been times where she's stepped up and talked about this moment as an example of how she's been able to bridge divides in the past. >> and when you are on the trail

with a candidate, sometimes you can feel it, you can feel the momentum we're talking about because you see it in polls or message is resonating. when you are at her events, what is the feeling that you get when people are there? >> yeah, so especially in the last few weeks, we've definitely seen more energy. her crowds have gotten bigger, there is more interest. whether these convincing minds, that is a different question. but from what i've heard is that people usually like what she has to say. people leave satisfied. i spoke with one man who was a trump supporter at the beginning of her town hall and he said i'm only here because of my wife. and i'm 100% with trump. and then afterward, he actually tracked me tdown and said thing tonight changed my mind. she's a military spouse and i actually like what she had to

say and i'll seriously consider her. i know she's not against war. but at the same time, there is a little bit of disappointment. i do pick up on disappointment from other voters who would like her to go more aggressively to hit former president trump more aggressively particularly on questions -- she's gotten questions about whether he poses a danger to the nation's democracy. or, you know, why she raised her hand at that first debate and stating that she would support him regardless of whether he is convicted in his criminal cases. and those are a little harder to say where ultimately their votes are going to go. >> jasmine, fascinating reporting. appreciate you joining us. this morning the amc theater chain is apologizing to a former civil rights leader after he was kicked out of a showing of the color purple. why, details next.t.

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my sister and her husband say i can live with them as long as i please. now, i come here out of respect. but if they ain't none to get, sure ain't none to give. >> don't keep me waiting. >> that was, of course, a scene from "the color purple" where sophia introduces herself to her

father-i father-in-law. a 60-year-old civil rights leade leader says he got no respect after being kicked out of an amateurs in amc theaters. nick, i have tried to figure out any way to rationalize the police involvement here. what happened? >> there seems to be agreement here, phil, between reverend barber and amc leadership this was at the very least handled poorly. he has well documented health problems. he walks with two canes and uses a special chair to ease discomfort in order to sit down. he brought the chair to the screening of "the color purple" in a small theater in greenville, north carolina, with miss 90-year-old mother and was confronted by the amc staff. an argument ensued, police were called. ultimately, he decided to leave

voluntarily and no charges were filed but he is clearly upset about this. he tried to give the staff some grace but they were refusing to do the right thing. >> i been on broadway, the white house with that chair. they called an officer of the law. the amc theater in greenville, north carolina, would not make amends to do the right thing. but we'll deal with it. >> barber is dealing with it. he plans to hold a press conference to talk about what happened tomorrow. meanwhile, amc leadership is responding, apologizing in a statement, in part, part of that to you, the chairman and ceo is already telephoned reverend barber and plans to meet in person in north carolina next week to discuss this situation and the good works bishop barber is engaged in. we are reviewing our policies with other theater teams to ensure that situations like this do not occur again. and quick on the amc theaters policies, they have a written policy that says if you are

bringing a specialized chair or something like that, you need to notify the theater in advance. reverend barber did not do that. phil. >> thank you. ahead, more on the decision that could come down any moment. could maine become the second state to remove donald trump from its ballot?

an update on a story we told you about yesterday. the 911 call has been released of an indiana man trapped inside his truck for nearly a week but found alive. matt reum was pinned you under a bridge six days. fishermen noticed something shiny in the distance and they were stunned to find matt inside alive.

>> there is a person inside of a car. he is still alive, too. you may need the jaws of life to open the doors. they are on the way, buddy! they are on the way. >> there he is smiling. he has several broken bones and injuries to his legs that could require surgery but he says no matter how things -- tough things get, there is a light at the end of the tunnel. total christmas miracle. >> i like the smile and the thumbs up. >> yeah. great story. cnn this morning continues right now. what was the cause. united states civil war? >> well, don't come with an easy question, right? i think the cause. civil war was how government was gonna run. freedoms and what people could and couldn't do. >> good morning, everyone. i'm poppha