you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. gallbladder problems may occur. tell your provider about vision problems or changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. living with type 2 diabetes? ask about the power of 3 with ozempic®. >> harris: it's tuesday, all books drop, and brian has a new one. teddy and booker t., behaved a path for racial equality. >> no one saw the slavery or jim crow or taxes, two people brought us through the difficult time. while in the south, tuskegee and teddy together, impressive, and i wanted to relay that. >> harris: right now on fox nation and pick up the book, too. "america reports" now.

>> sandra: any moment we are expecting an update over the death of paul kessler, 69-year-old jewish man who died after he was involved in a physical confrontation with at least one pro palestinian protestor. sandra smith in new york. >> john: john roberts in washington. the shocking incident outside of los angeles, duelling protests over the israel-hamas war. paramedics attending to kessler after he fell backwards from the altercation and struck his head on the grounds. kessler was rushed to the hospital where he died a day later. >> sandra: and the news conference is underway now, dip in and get the news. >> integrity of that investigation, i want y'all to know we sincerely value your role in delivering messages to our community. in today's case, not only speaking of the community here in ventura county but the world.

investigative unit and the public information officer team. to members of the public at the event, if you have videos or photos of the incident, we encourage you to provide those to our office. you can remain anonymous if you choose to. we have established user friendly links to up load the footage. with that being said, i will introduce you to the sheriff of ventura county, jim fryhof. >> good morning. everyone, thank you for being here. this morning as the sheriff of ventura county, a heavy heart i stand before you here today to address this tragic incident that has occurred in our community. i want to express my deepest condolences to the family and friends of the victim who lost his life in this unfortunate event. our thoughts and prayers are with them during this very difficult time. as law enforcement officers, our primary duty is to protect and

serve the community. we take this responsibility very seriously and we are committed to investigating this matter to the fullest and finding out what exactly occurred, we are working tirelessly to gather all the facts and evidence related to this incident and do everything in our power using every resource at our disposal to make sense of this incident. if criminal wrongdoing is discovered to bring the person or persons responsible to justice. i would like to thank the members of the media for being here today. your role in keeping the community informed is critical. we appreciate your cooperation and support during this difficult time. we will do our best to provide you with an accurate and timely information and updates as they become available. i will now tell you what we know and keep in mind this investigation is ongoing and fluid. so i will refrain from providing conjecture, i will state the facts as we know them, at this point in time.

on november 5, 2023, approximately 3:20 in the evening, the sheriff's communication center received multiple calls regarding a possible assault and an unconscious male bleeding at the intersection of thousand oaks boulevard and west lake boulevard in the city of thousand oaks. callers advised it was related to a rally or demonstration occurring at the location. fliers distributed on social media indicated a demonstration for freedom for palestine protest and counter protest was led by we are pro israel. estimated 75 to 100 people at the demonstration between both groups. three patrol deputies were dispatched code 3, with lights and siren. to the scene along with medical personnel and paramedics and american medical response. soon after, two patrol sergeant, along with two additional deputies responded to the scene. at 3:22 p.m., 1 of our patrol

sergeants arrived on scene. at 3:24 p.m., 2 additional patrol deputies arrived on scene. the sergeant contacted the victim, 69-year-old paul kessler, thousand oaks resident, lying on the ground. he was conscious and responsive. the sergeant observed what he saw was bleeding from the head and mouth. medical personnel from the ventura county fire department arrived and began providing aid to mr. kessler. he was then transported to a local hospital for advanced medical treatment. mr. kessler remained conscious while being transported to the hospital. suspect was identified, willingly remained at the scene and interviewed by deputies. he was cooperative and indicated he was involved in an altercation with mr. kessler. further stated he was one of the reporting parties who called 911 requesting medical attention for mr. kessler.

several witnesses were contacted at the northwest corner with the shell gas station was located. conflicting statements about the altercation and who the aggressor was. some were pro palestine and others pro israel. deputies determined mr. kessler fell backward and struck his head on the ground. what exactly transpired prior to mr. kessler falling backward is not crystal clear right now. at 4:02:00 p.m., deputy and sergeant arrived at the hospital where mr. kessler was being treated. soon after the deputies cleared the scene. mr. kessler was listed as being in critical condition by the hospital staff. how, he was still conscious when contacted by deputies at the hospital. at 5:32 p.m., cleared the call and documented incident pending follow-up investigation by detectives from the thousand oaks police department.

on november 6th, approximately 2:43 a.m., received a call. 2:53, patrol deputy and sergeant arrived at the hospital and were told mr. kessler succumbed to his injuries. 3:00 a.m., investigators from the major crimes bureau were notified of the circumstances surrounding mr. kessler's death, and they immediately launched an investigation. the ventura county medical examiner's office was also notified and sent an investigator to the hospital. his body was later transported to the medical examiner's office where a subsequent autopsy was performed. i will defer any comments regarding the results to chief medical examiner, dr. young, who will provide a statement shortly. yesterday afternoon detectives obtained a search warrant for the suspect and the suspect's residence. at 4:58 p.m., detectives conducted a traffic stop on the vehicle driven by the suspect in

simi valley. and released at 6:00 p.m.. and search warrant, i cannot comment on the results of the search warrant as the investigation is ongoing. investigators have not ruled out the possibility of a hate crime, and this is being investigated as a homicide. investigators from the sheriff's major crime bureau and the thousand oak investigation bureau are committed to continuing to locate and interview witnesses to the event or individuals who were present or nearby that might have helpful information to provide. it is our understanding mr. kessler, a u.s. citizen who practices the jewish faith was supporting israel. the suspect, 50-year-old resides in moore park, at the intersection advocating for palestine. we understand the war in israel and gaza has led to an increase in hateful and threatening

rhetoric, and we want to assure the muslim and jewish communities that we stand with them both during this difficult time, ventura county sheriff's office is committed to protecting the rights and safety of all members of the community regardsless of their race, religion or ethnicity. to this end, we have increased patrols around mosques and our muslim community centers and jewish houses of worship. we also work closely with the religious leaders to provide support and assistance as needed. ventura county sheriff's office and law enforcement in general play a critical role in preserving people's fundamental right to peaceably assemble and safety and security. requesting assistance from public regarding the ongoing investigation. anyone witnessed or knowledge or present at the demonstration is encouraged to contact our agency. we have provided the media with

the investigative unit and the team. those who want to remain anonymous can do so by crime stops, 1-800-222 tips, video possession or photographs can also remain anonymous by using the link we provided to the media today. during this time we urge you to remain calm, peaceful, and patient. we understand that you may have questions and concerns but we ask you allow us to conduct our investigation and we will provide updates as soon as we can. we also ask you refrain from spreading rumors or misinformation on social media. or other platforms. as that cannot only hinder the investigation but cause unnecessary panic in the community. in conclusion, reiterate that safety and well-being are the utmost concern to us. we will work tirelessly to ensure that everyone, no matter your faith or religion, feels

safe. we appreciate your cooperation and support during this difficult time and now i would like to introduce the chief medical examiner of ventura county, dr. christopher young. >> good morning, dr. young, chief medical examer for ventura county. death investigation is also ongoing. the death of this 69-year-old, paul kessler, was admit to las robles at 15:53 hours. diagnostic studies included a ct scan, demonstrated intercranial injuries, which included swelling of the brain and hemorrhage surrounding the brain. mr. kessler's condition

continued to deteriorate and death was pronounced on november 6th at 1:t10 a.m.. autopsy, nonlethal injuries to the left side of mr. kessler's face. additional injuries, injury to the back of the head. these injuries are consistent with and typical of injuries sustained from a fall. internal injuries also were consistent with a fall, which included skull fractures, swelling of the brain, and bruising to the brain. the cause of death has been certified as blunt force head trauma. the manner of death is homicide. the manner of death is a medical/legal determination. manner of death of homicide does not indicate that a crime has been committed. this is a determination that's

made by the district attorney's office. when a manner of death of homicide is made, it's simply stating the death occurred at the hands of another person, or the actions of another person contributed to the death of a person. our hearts and our thoughts are with every individual affected by this tragic event. thank you. >> now at this time we will entertain questions, understanding i'm very limited on what i can discuss based on the investigation itself. >> [indiscernible] >> so, the suspect has not been arrested. no arrests have been made related to this incident and the suspect has not been identified publicly. >> [indiscernible]

>> i can tell you the information we are getting is conflicting with one another. there was clearly an interaction between the two but what that level of interaction is is still unclear. that's why we are asking for any video footage that we can have, the one camera angle i think you have all seen that's from the shell station is unfortunately blocked by the message board indicating gas prices and so we cannot see that from that angle, so we are hoping somebody has video to shed some light as to what occurred for him falling and hitting his head. we do not have that confirmed, that is something we are trying to investigate that it was a statement that had been made, but we do not have confirmation of that at this time.

>> so again, manner of death of homicide does not reflect a crime is committed, but just an interaction with another person. it's not hinging on who is the aggressor, just that another individual was involved in partially causing the death. >> doctor, we are seeing reports -- >> you are saying the injury to the head was nonlethal, or the injury to the face i should say. >> injuries on the left side of the face were nonlethal and the lethal injury was the impact to the back of the head. >> was the victim hit and caused him to fall or hit itself that caused -- >> again, this is still under investigation. but there are injuries on the front of the face which could be consistent with a blow to the

face. >> when you talk about a blow, that would cause an individual to fall, contention the suspect hit the victim and caused him to fall? >> we are still waiting to see evidence what occurred and whether or not there was a blow to the face that caused the fall or if mr. kessler fell without that being the precipitating event. >> sheriff, you mentioned increased patrols around houses of worship. [indiscernible] demonstrations regardless of the time? >> we are not changing our protocol. we evaluate every protest on their own merit to determine what we think the threat level is and then based on that threat level we determine what resources, if any, need to be there. it's very clear sometimes when law enforcement does arrive on scene we can be a catalyst for initial aggression, but if there is aggression, we want to make

sure people are peacefully protesting. 15 minutes prior to this confrontation, thousand oaks police chief had driven through the area, 30 people present when he left, no indication of impending violence and so no additional resources were needed. our patrol staff had been made aware of this protest and were driving through frequently to just keep an eye on what was happening. this event was not preventable. >> suspect -- cooperative as [indiscernible] >> it's my understanding he answered the questions when he was contacted at the scene. i don't know the vetting of all those questions that he answered. but he at least stayed behind. >> cooperative -- >> to my understanding, cooperative. i'm not at liberty to discuss at this time. >> search warrant at his home. >> thorough investigation. make sure we have all the evidence we need if we are going to prosecute somebody. >> is he a suspect? >> we have identified him as a

suspect. as of right now, he's the only one that we have information on that may have been involved in interaction with the victim. that does not mean there are not others. we are waiting for that information to come out from our residents who were there or any other people who were present and if they have video to indicate more than one person involved. >> earlier reports the victim may have recorded on the cell phone -- [indiscernible] >> i don't have that information at this time. [indiscernible] >> my understanding the investigators are working on that and i don't have that information to disclose at this time. >> [indiscernible] >> to be honest, i don't know that information either. i don't know if it was one corner or two corners occupied by one group or if they were all co-mingled the entire time, don't have that information. >> what the corner -- previous rallies or demonstrations there,

a little color about what that -- [indiscernible] >> because of the volume of traffic at that intersection, it tends to be a fairly popular intersection to have protests of any number of things. this conflict, there were three prior events at this location in thousand oak, two at the location, this was, this event would have been the third one at that intersection. we have had 21 protests county wide since october 7th. this was the only one so far that has had some type of violent encounter at all. there's no permits required this. is a first amendment protected activity and often times our protestors use the crosswalk to make their voices heard and be seen, and so when you ask about if there is intermingling, they are using the crosswalk to be seen and so that is likely to occur. >> did you uncover a megaphone from the suspect?

>> a what? >> megaphone. >> i don't have information on that. >> [indiscernible] >> not at liberty to discuss at this time. >> any other confrontations or disturbances between the two groups beyond the normal yelling against each other? >> i don't have any information about any other conflict, other than one group pro israel and one pro palestine. >> physical confrontations. >> we don't have any indication there is prior physical confrontations between anyone, and as far as both of the organizations having the events out there, publicly stated on social media is to have peaceful protests and not engage in counter protests. >> [indiscernible] >> i don't have information if they met before or knew each other prior. >> any information that the suspect was carrying a megaphone. >> i don't have that information at this time. i've heard that and i think the

medical examiner said the injuries on the face could have been caused by a megaphone. but i don't have the information of what he had on him at the time. >> [indiscernible] >> i don't have that information, apologize. >> how much information was the victim able to share with you from the hospital? >> i'm not at liberty to discuss that part of the investigation at this time. >> was he able to walk through what happened? >> i don't have that information. >> two more questions and then wrap. two more questions. >> do you have any information on [indiscernible]>> no, we do not. >> sheriff, you mentioned, you allocated resources based on assessment and threat level. had you made an assessment prior to this and how is that adjusted? >> we reviewed it, everything on

social media was this was going to be a peaceful protest, even though we were going to have opposing sides but we had not had any issues previously. no indication this was anything more than that. so our presence was having our patrol officers drive by and monitoring it. and the chief drove by, he was aware of it as well, to make sure it was not turning into something that required more attention. thank you for coming, appreciate you. >> sandra: all right, so we have been watching the news conference there live out of thousand oaks california, they said the suspect has not been arrested yet in the death of paul kessler. the suspect is also not publicly named. we learned a whole lot more about the situation, though, still asking for video from anybody who saw this happen. paul mauro will be on set listening to this, retired nypd inspector and thank you for hanging out with us. what he is your biggest take away from what you heard from authorities? >> a crime occurred.

m.e. decision of homicide means somebody else caused it. that's generally the rule coast to coast. but we don't know, obviously there's a suspect, but the idea that what we don't have enough to charge him doesn't mean something didn't happen. mr. kessler is dead at a rally that obviously was supposed to be nonviolent. some reporting he got hit with a megaphone. a crime occurred and it's going to come down to whether or not they have probable cause and the person of interest they did a couple of search warrants, likely don't have all the information back from those search warrants, one was on his phone, very technical, digital forensics. they are going to dig into all of that. the holy grail is video. obviously they are asking the public for video, etc. the p ub has become conditioned we see video of these events whether they happen in public. it does not mean it's always going to be there, and that takes us back to 30 years before everybody had phones, 20 years ago, and what used to happen, can you get probable cause by other means, witnesses, etc.>>

they have not ruled a hate crime, they have investigated it's a homicide. and why there wasn't a company on the scene but a permit was not required, they clarified for this. we will dig into this more, but john, i know you've got the governor standing by. >> john: texas governor greg abbott, just returned from a wartime visit to israel. i wanted to talk more with you about the threat that people in this country are facing as a result of what's going on in the middle east, which really has been embodied by the arrest of a 20-year-old jordanian palestinian there in texas. he had been in the country illegally. he, according to the u.s. attorney's office for the attorney district of texas was illegally in possession of a firearm and according to a press release on the indictment he has allegedly been in direct contact with others who share radical mindset. charges against him allege he's been conducting further training and trained with weapons to

possibly commit attack. believed by the fbi he was going to attack a jewish center or something like that. this would seem to be the embodiment critics of immigration have been warning about. >> john, it is. that and also clearly both potential hate crime and clear act of antisemitism and it's on the rise ever since the war began between israel and hamas. but also these threats begin even before that because of joe biden's open border policies that would allow in potential terrorists like this. know a couple of these facts. one is under joe biden there's been a record number of people on the terrorist watch list who have crossed the border and those are the ones apprehended. there are probably even far more who have not been apprehend d who evaded apprehension, roaming around the country. that is all because joe biden has failed in his responsibility

as commander in chief to make sure we secure the united states of america and he's failed in that regard by failing to secure the border. but also this particular individual is an extraordinary threat as well as others like him are extraordinary threats to our country because they have been able to get in under joe biden's open border policies and be able to create the type of chaos that terrorists are trying to achieve. >> john: so this individual apparently came into the country on a nonimmigrant visa, expired in 2019, in the country illegally after that and then applied for asylum and allowed to stay in the country while his case was adjudicated. also obtained a work permit. and governor, just in the past fiscal year we have seen nearly a million people released into this country. how many more potential people like this might there be out there now? >> john, the fact is nobody knows, especially the president and the homeland security department. they have no clue and they will

tell you, they have no clue, because for one, they don't know who all the got-aways are, and where they are and whether or not they would be terrorists. for another, like this person you are talking about, he was here for a while one way and now seeking asylum. how angry americans are to know that we have a terrorist who was seeking asylum here, listen, we have been -- we here in texas have been trying to tell the public under the entirety of the biden administration that this asylum seeking process that joe biden is allowing is doing nothing but emboldening terrorists to come across the border, as well as allowing them a pathway to be here in the united states of america and my greatest concern is because of joe biden's policies we could see here in the united states exactly the type of attack that we saw occur in israel. >> john: you just returned from a trip to israel, you've been over there, seen what's on the ground, how the israeli people

are living, you've seen how they are responding to the horrific events of a month ago and now a huge rise of antisemitism at college campuses and protest across the country. what are you thinking when you look at the dichotomy between those two things? >> for one, it's outrageous, and that campuses allow it on the campus. and misinformation is spread across the united states. reality, having visited in person with victims who had been shot and harmed by the terroristic attack, they saw their friends and loved ones actually gunned down in some cases, beheaded, burned to death, through acts of terrorism no one would understand or realize and then talking to american families who have a son who had his arm blown off but was captured by hamas and taken

over as a hostage in gaza right now, and these parents are in sheer panic and concern about whether or not their son is still alive, and whether he is, what type of condition he's in, being held hostage there. is this type of evil that we see in the faces of hamas that americans are not coming to grips with. if everybody in america understood that hamas is a deadly treacherous organization, that they seek to do harm not just in israel but also in the united states, i think we would see fewer protests on our campuses and hopefully a greater realization we as a country, we as a world need to come together and make sure we eliminate the terrorist organization hamas. >> john: thank you for your time and hanging with us through the news conference as well. i know you have a busy schedule. >> my pleasure. thank you, john. >> sandra: thanks to the governor for joining us. paul mauro back with us, thank you for standing by. to continue on with the point of the rise of antisemitism in this

country and the news conference we just had on the death of 69-year-old paul kessler after the duelling protests, we are trying to learn what happened there, even authorities say we need more video to determine what happened. this is the victim's rabbi on the rise of anti-semitism. >> i think the jewish world is waking up a little bit. the antisemitism demonstrated by people like tlaib and omar, and it's gotten much, much worse. people are scared and they are angry. >> sandra: what are people supposed to do right now in this moment? >> so i think a lot of us are shocked what we are seeing on the campuses and some of our streets and this is a new thing. i did kind of terrorism work for well over half my career, and one of the things you didn't

have back then, aside from this loose border with the nonborder that we have, is you didn't have this anti-israel, and it's almost sanctioned antisemitism and what's happened is the progressive, 1619 left, for lack of a better cause, a better term, have made common cause with the palestinian cause and unfortunately that segues ultimately into in our current situation in some instances support for hamas. hamas is a designated terrorist organization. that's just the law. as per our treasury department. they are as much of a terrorist organization under the law as al-qaeda or isis, ok. so people try to split hairs with that, elected government, etc. they are a terrorist group and you can make terrorist groups against them. holy land foundation, 2006, 2009, it's been done. unfortunately because of the palestinian cause, ok, which

everybody understands, palestinians in gaza, average civilians are suffering, people get that. but there is a sanction now for people to behave the way they are and i fear a lot of the barriers that had previously been there, i'm not talking about the police, i'm talking about just social barriers, what would be acceptable, has completely disappeared. the stuff that we are seeing now on videos on social media and on our video screens, it wouldn't have been countenanced five years ago, ten years ago, people are shocked, i know i am. >> sandra: interesting point and not just happening in some pockets of the country, it's happening all over. a doj press release on an arizona man threatening to kill jews in the state, sent an email to a rabbi at a local synagogue. stated if you do not use your influence to right this wrong, i will execute you and every other jew i can find tonight at midnight of your sabbath. that is horrifying, paul, and perhaps that is what is leading

to this. this is a florida gun store owner who is on the network this morning, on seeing more jewish customers lately. listen. >> i have a lot of people coming in saying that they have never thought they would be in this position where they had to purchase, own or train with a firearm. worried about what is going on around them and around the country in general. >> sandra: perhaps not surprising with the threats rising, people are trying to protect themselves. >> how would you feel? put yourself in their position. you have members of congress who are right out there with this stuff and you know, i hate to use the term but there are plenty of dog whistles bouncing around on capitol hill and the recipients get the message. and sitting where jewish americans are, and i understand the plight, like what happened to mr. kessler in california and other things unguarded,

unabashed, again, it's stuff that would have been -- and what it makes you realize, not only would have it have not been countenanced years ago, how completely failing our education system is. what a complete failure it is. are they not learning about the holocaust, not understand how loaded some of these terms and actions are? clearly they are not learning the stuff and if they are, they don't care. >> sandra: thanks for sticking around with us, paul. appreciate it. >> john: threats abound everywhere, including in our own back yard here in washington, d.c.. literally across the street, police arrested a man brandishing a weapon, mark meredith is on that story. mark, what do we know? >> john, good afternoon. you are right, there was a man with a gun just outside the u.s. senate office buildings in a park, and the main train station here in d.c., the white police car, that's the suspect, he's in the vehicle right now. police are going through his

personal belongings. they were also searching the park nearby. it was just a few minutes before 1:00 this afternoon that capitol police got reports of seeing somebody, a man with a gun, there have been indications that it was some sort of rifle but that has not been confirmed at this point, investigators then involved in a foot chase were able to capture the suspect and as i mentioned he's now in the back of the police car. in terms of security around capitol hill, no surprise security is always heightened but in this area particularly, where you have a lot of pedestrians to and from, people going to lunch at union station, a huge cafeteria, this is a very common area you see people going back and forth. no indication whether the suspect came in a car and looking around the area to see if he parked or on foot, and once he was arrested the end of the situation. i've seen the k-9 teams out here, capitol police resources, they will comb the area to see if anything was left behind.

all indications this was one person sitting in the back of the u.s. capitol police car and interview underway. we saw him speaking with detectives, no indication what this motive may have been and whether there was going to be a particular threat to the people inside the u.s. capitol or whether or not it was out here, i hate to say it, but d.c. in general. >> john: and a lot of people on the streets in the area each and every day, including employees of ours who go to union station to grab lunch. mark, thank you. >> sandra: israeli troops pushing further into gaza city at this hour, we learn more what the future may hold of the hamas-controlled territory after the conflict ends. live in southern israel. we'll have the latest for you. >> john: david weiss, special counsel in charge of the hunter biden investigation in a closed door interview with members of the house judiciary committee today. former counselor to attorney general bill barr, kerri kupec urbahn is up next on what

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>> john: awaiting an update from the white house on the war in the middle east as israeli prime minister benjamin netanyahu said moments ago the israeli defense force is now operating inside gaza city the first time in decades. israelis are expected to focus on in the coming days is al-shifa hospital, they believe is located above hamas' command center. trey yingst has the latest on the fighting there. trey, don't see you in the typical kevlar and flack jacket. the situation obviously where you are is calmer than it has been. what's the overall read?

>> yeah, hey, john, good afternoon. that's exactly right. we just wrapped up an interview with one of the top israeli commanders who is responsible for the humanitarian aid getting inside gaza and gave us new information what's taking place in terms of getting the critical aid to the palestinian people. first i want to talk about today, it marks one month since the massacre against israeli civilians here in southern israel, such a horrific day for the country, and there are still so many families, 239 of them, waiting for answers about their loved ones being held inside gaza. we spoke with a family of just two hostages held by hamas. take a look. >> two years ago ramon and nigev got married, both lovers of animals and music. they made a life for themselves in a kibbutz. it's an incredible place to go up.

green supportive community. what happened on october 7th turned our world upside down. it's been one month since hamas militants crossed into southern israel, slaughtering and kidnapping civilians. one month since her mother has seen her 34-year-old son. one month of agony. it's very hard, the pain is excrutiating, esther explains. i feel a hole in my heart. her daughter in law was seen in a hostage video released by hamas last week. the first proof her family has she's still alive. >> on one hand, we are very happy to see her alive, esther says. the other hand, we have not seen or heard from our son. as these families look for answers, israeli forces are taking the fight to hamas inside gaza. we know there are street to street battles unfolding. israelis showing new video of tunnels they uncovered as they

are operating for the first time in decades inside gaza city. this comes as they have opened a new humanitarian corridor for thousands of palestinians to head to the southern part of the strip. you can see civilians waving white flags flanked by israeli tanks inside gaza. we wrapped up the interview with a top israeli commander, i pressed him about the medical facilities inside gaza, he said israeli ares getting aid to even the northern hospitals where the battle is taking place. john. >> john: then the question, what to do about al-shifa hospital, how do you go after that without inviting international condemnation. see how it unfolds in the hours ahead. >> sandra: we are waiting white house briefing, david weiss taking questions about the scope of his investigation into the

president's son, hunting. kerri kupec urbahn, fantastic stuff outside the courthouse yesterday. thank you very much for that. >> thank you. >> sandra: the unprecedented nature of this. this is david weiss's statement to the house judiciary committee. i am and have been the decision maker on this case, i do not, however, make these decisions in a vacuum, he says. i am bound by federal law, principles of federal prosecution and doj guidelines. as a result, there are processes i must adhere to making investigative and charging decisions. processes did not interfere with my decision-making authority. what will come from this? >> it's a smart statement but does not address the elephants in the room, and if i was in that room and a staff attorney, what are some of the questions i would be asking. one would be and my number one question, were you aware that

one of your prosecutors told the investigative team that joe biden was off limits in looking, that's a huge, huge question and i would hope the u.s. attorney for delaware, who he is office is responsible looking into hunter and possibly joe he would want to know the answer for that, he's responsible for everything that comes out of the office. another question, how involved were you in the deal of a lifetime that was offered hunter biden. we know it was the deal of a lifetime, the same prosecutor who offered hunter biden that deal offered the opposite to the baltimore police commissioner just the previous, in previous years, and recommended jail time for that individual despite the fact that he owed far less in taxes than hunter biden. and if you were not involved in the plea deal, why weren't you. we are talking about the president's son here and the stakes are pretty high. why did you ask to be special counsel after five years, you had five years, we heard nothing and all of a sudden irs whistleblowers testify they were

impeded and blocked, and the deal pops out of thin air, offered, falls apart. you had full authority so what changed. >> sandra: some think it's a waste of time. jerry nadler. >> it's a complete waste of time. weiss is a very strong -- a very credible witness. stated multiple times that he made all the charging decisions on his own, that no one gave him any instructions. i think if they had a choice of doing it publicly or privately they chose privately, shows they don't have any confidence in their own case. >> sandra: what do you think about that? >> well, it's a little disappointing hearing that from congressman nadler. even if he thinks it's a waste of time, he would hope he thinks contradicting testimony from

whistleblowers is not a waste of time. these whistleblowers have said they were told by david weiss themselves that he was impeded from bringing cases. their testimony directly contradicts what david weiss has said and i would hope that jerry nadler would want to get to the bottom of what the irs whistleblowers have revealed, given that they don't really have any -- they have no skin in the game. >> sandra: all important stuff. kerri, great to have you here in the new york studio. >> john: indianapolis woman is accused of crashing into a building, what she thought the building was that has police calling it a hate crime. >> sandra: and the panic button, president biden gets new troubling poll numbers on his re-election bid. is it too late for a new democratic challenger to enter the ring? mark penn, a former adviser for president bill clinton will join us to talk about the 2024 race

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these presidential races over the last couple of terms have been very tight. >> the issue is not, for him is not political, it's actuarial and you can see that in this poll. a lot of concern about the age issue. >> john: some prominent democrats sounding the alarm about president biden's re-election chances as new polling shows him trailing in key battleground states and struggles to unite his party on israel's war against hamas. mark penn is a former bill clinton adviser and let's put the siena poll of six battleground states on the screen. trump leading in five of the six. only state biden is leading in is wisconsin. if those numbers held, mark, a year from now, donald trump could very well become the 47th president. how much panic is this setting off in the biden campaign and broadly, the democratic party? >> well, i don't think numbers

like this should set off panic. what it should set off is reconsideration of the policies, changes you have to make, and look, i worked with president clinton and his ratings when i started were worse than this. nobody thought george bush was going to get re-elected, and barack obama's question was in question. these are not good numbers. inflation, crime, immigration, these are big issues that the president has not solved. most people think the country and the economy are in the wrong direction. he has one year from now to change those numbers. if he doesn't, it's going to be a really tough re-election. >> john: even prominent democrats like david axelrod, tweeted about the polls saying of joe biden, only joe biden can make this decision. if he continues to run, he will be the nominee of the democratic party. when he needs to decide is whether that is wise, whether its in his best interest or the

country's. whose best interest do you think it's in? >> i don't know what's gone on between the obama and biden camps here. obama separated himself somewhat from the president's israel policy, very unusual that a former president of a same party ever does something like that and then a day or two later axelrod says maybe he shouldn't run. seems to me there is a little internal friction here as evidenced by this and i don't think it's really affecting the decisions that the white house is making. >> john: so the big question is, if biden were to decide not to run, as lyndon johnson did in march of 1968, who would step in? a lot of people think it could be kamala harris, gavin newsom, ted cruz has a different idea. >> in the democrat party they can't push kamala harris aside and replace her with a white guy. i predicted there was a real chance the democrats would jettison joe biden and parachute

in michelle obama, do it at the convention next summer. i think the chances of that are rising every day. >> john: seems like a long shot, what do you think? >> well, i think first the party is not jettisoning joe biden. it is solidly behind biden, even though there are obviously numbers and situations the president has to deal with. but i do think what would open up here. you've got the governor of california, illinois, michigan, you have a number of governors i think who have been in waiting in case the spot would open up. and maybe michelle obama as well, given this friction between the obama camp and the biden camp. for now, joe biden is the nominee if he wants it. >> john: it's nothing if not intriguing. >> sandra: interesting stuff. moments away from a white house update on the war in the middle east as the biden administration continues to press the israelis

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