other story. ready for hillary raked in $2.5 million from april to june, a lot of dough and its strongest fund-raising period to date. and just this morning we learned that sergeant bowe bergdahl has lawyered up, hired an attorney now that the military is moving ahead with its investigation into the bizarre circumstances surrounding his capture. his attorney eugene fiddle is a professor of at yale law. he'll join me later for a live interview. sad news abroad. hours after israel warned its residents in gaza to flee, four children were killed while playing. an nbc news crew witnessed the strike and rushed to a nearby hospital finding anguish. >> earlier today, the israeli

military did drop leaflets on three neighborhoods in northern gaza, ordering 100,000 people to e-0 v vacuat evacuate. it wasn't enough warning. ayman mohyeldin filed this report from gaza. >> reporter: it was a scene of carnage and devastation. it was one we swlgs other journalists witnessed ourselves. it happened about 4:00 p.m. down by the gaza seaport where our hold is and where the foreign media is staying. we heerd two loud explosions believed to be israeli shells that landed in the vicinity ever the seaport. we saw smoke billowing from the water line. it was at that point that we also saw children running and screaming and it became apparent that there were casualties and fatalities. several of the bodies of those young children that were injured were rushed through our hotel lobby into the back of an ambulance before they were taken to the hospital. it was at the hospital that we found one of the mothers. one of the mothers was looking

for her son frantically. she had heard of the strike on the seaport. but didn't know if he had survived or had just been injured. when she got to the hospital where her son was being looked after, one of her relatives came out and said, your son is dead, your son is dead, pray for him. that's when the mother broke down. she was just completely overwhelmed with grief. she couldn't move. she was pulling on her hair and wailing and very, very emotional, was being comforted by other women and other relatives who came in throughout the course of the afternoon and found out that their children also had die odd. in total, there were seven children playing down by the gaza seaport. four of them were killed. four of them first cousins from the same family, all killed. they were all between the ages of 9 and 11, all boys now dead. the hospital has released the bodies of these four young boys back to their families. funerals have taken place. and life here in a very depressing and sad way goes on. the people today that have lost

their families are just one of the hundreds of families that have lost people over the course of the past several days. this is the reality of what people are living through in gaza right now. >> nbc's ayman mohyeldin just moments ago. and seven more years. with all the fanfare that should -- bashar al assad was sworn into his third seven-year term into office. he has denied repeated calls to resign. democracy in action? i guess. back home, why one big state when you can have, say, six? signatures are now being collected to make it a reality in that state. splitting california six ways. it's the brain child of venture capitalist tim draper who spoke with my colleague earlier today. >> california is not -- the

government just isn't working. there have been great people in government doing great things and doing the best they can for california, but it just isn't working. >> 1.3 million signatures are needed to get that proposal on the ballot. and new jersey governor chris christie is going to the state that all politicians care about so very deeply once every four years. it's iowa. the first state that weighs in on the republican nomination for president. and christie just happens to be headed there for a three glorious day trip. he's only there to stump for governor terry brandstat, right? right? isn't it enough in other news that chris christie himself will have to confront if he runs that the unaccompanied minor mulling over this border to 0 this country have defied death, survived extreme poverty. yeah, of course not. one republican now claims they are a pock literally on all our

houses. georgia republican congressman and doctor phil gingrey wrote that the unaccompanied minors carry deadly diseases, swine flu, deny gay fever, ebola virus, outbreaks of which according to the world health organization occur primarily in remote villages in central and west africa. so not so much central america. that's the question our own luke russert put to congressman gingrey and the results were pretty, pretty, pretty good. take a look. >> i want to ask you about the letter you sent to the cdc about the children from central america thought to be carrying ebola. what is your stance on that? >> we got a list of the diseases they're concerned about, and ebola was one of those. i can't tell you specifically there were indications of ebola. >> what if i were to tell you

there was a sort of ebola at the border? >> they were concerned about that, yes. >> at the mexico/u.s. border. >> they did say that. absolutely. >> the cdc, for its part, has said it's addressing gingrey's concerns. joining me to make sense of all of this, alley na irany and republican stratd gist john theory. ali, thanks for being here. the doctor from the cdc told us that the children had been vaccinated. is this just fear mongering? is there any basis for the fear? >> i think what's happening right now is you have a political debate that is frankly casting a terribly dark shadow over a humanitarian crisis. you have children fleeing violence, coming and turning themselves into border patrol asking for protection. we can have our leaders in congress take a practical, humane step in not only addressing the needs of these children but also putting them through a process of determining final status. or we can continue down this terrible path of just fear mongering. >> john, i appreciate your being here as well. what does it tell you about the

level of discourse that there are attacks being launched on children? isn't this a valid part of the debate or something that maybe should be off limits? >> i agree with ali. there is a humanitarian crisis at the border. there is some evidence of increased tu bjer ed tuberculos. i don't think ebola is a question. there is a question with kids with thank you bjerke los is. we need to take care of the kids, make sure that whatever happens to them that they are safe, that they have the opportunity to live productive livesnd they don't spread disease. i think part of this is making sure that, as these kids are put in place -- this is not just a republican concern. it's also a democrat concern, about where these kids go and if they're properly taken care of. right now we have to take care of the kids. >> ali, the striking thing right 0 now is it's such a bipartisan rejection of the children. we have martin o'malley for a phone call he made according to

politico to cecelia munoz at the white house 0cying, we don't want these kids at our facilities either. do you think this reveals about just how welcoming america is when it comes down to it? >> america is at a crossroads. we can take the pictures we've seen over the last few days from murrieta, california, or anywhere else and compare them to the immigration debate of 2006 or 2007. we're seeing incredible polarization. the only way to get through this at this level is have our national leadership say, this is who we are as a country. we as a country care for children. we as a country are going to, yes, have secure borders but have a process to it put these kids through. and we as a country can't solve the world's problems, but we can solve our own problems. and our broken immigration system is clearly one of those problems. >> john, it's not just political leadership pushing back trying to pass the bucking in a sense. it's also people. protesters coming out for instance in arizona yesterday about this. how much of that is a product of

this kind of fear mongering we're seeing from our leadership? >> well, it's a good question. i think to ali's point 0 we do have a broken system that needs to be fixed. we have these kid that's are being escorted by criminal drug cartels in central america that have found a profit motive to bring these kids up here. so we've got to figure out a way to fix this problem outside of the problem with our broken immigrationi immigration system. we have these drug cartels trying to gain the system and getting profit off these kids. we have to find a way to crush the drug cartels. that means cooperation not only with the united states government but the central american governments and mexican government. >> john, people don't want to take these young people in but they want more action on this. there's a new poll out from abc news and "washington post" saying that a majority of americans agree with the president pushing on congress on this. should those numbers send a strong signal to republican

congressmen at this point, maybe it's time 0 to change tracks. >> i would hope so. i've been a proponent of fixing the broken immigration system which i think would lead to brisker economic growth, safer communities. if we get these people out of the shadows and into a status where they can actually fully participate in the economy, we can have a stronger economy. i agree with those sentiments. but at the same time this border crisis doesn't help us get to a fixed immigration system. it makes the situation even worse, the crisis even worse. so we've got to be figure out a way to bifurcate the two issues, deal 0 with this crisis but also fix the broken immigration system. >> ali, in the absence of long-term reform and the presence of so much pushback on taking these young people in, we are seeing an emergence of the counter movement, maybe people on both sides of the aisle saying maybe be more compassionate, glenn beck and also pope francis saying this is a time for compassion.

could we see the pendulum of public opinion swing the other way? >> in monday i was in mexico city, a meeting convened by the mexican government. in that conversation you also had representation from the central american countries. on monday it was really interesting being part of a meeting that had representation from sending countries, the transit country of mexico as well as the pope. and all of them were talking about, number one, we have a responsibility to secure our borders and make sure people are treated fairly. second, we want to make sure these children are treated compassionately. the pendulum of political momentum is a really good question. immigration is no longer an issue of momentum and a pendulum swinging back and forth. it's really become a wrecking ball that one day will damage the political building of the democrats and the second day damage the building of the republicans. immigration reform, until it's fixed, is a wrecking ball really tearing at the fabric of our country. >> thank you ali.

just a quick correction. actually, the poll said the majority of the americans disapprove of the president's opinion. thank you so much, both of you. up next today, republicans rally behind a gop lawsuit against the president's use of executive powers. but could it really legally take down president obama's presidency? we're going to give you a legal explainer from congressman and lawyer adam schiff just ahead. where memories will be forged into the sand.

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america, a country of life, liberty and the pursuit of lawsuits? yes, speaker boehner is suing the president and the house rules committee just held a hearing to consider that suit. if they approve, the full house

will vote on whether or not to sue. the legal question is this -- did president obama's reliance on executive orders overreach his constitutional duty to faithfully execute the law? the lawsuit is hanging that question somewhat ironically on the decision to delay obamacare's mandate that employers provide health care insurance starting in 2014. yes, you have that straight. house republicans suing the president for undercutting the very law that they fought tooth and nail. here 0'ses what pete sessions said this morning. >> the president, in my opinion, has gone too far. rather than faithfully execute the laws as the execution requires, the president has instead selectively enforced the law in some instances, ignoring the law in other instances, and in a few cases changed the law altogether, all without going through the required

constitutional law making exercise. >> neither the house nor the senate has ever sued the president as an institution. can this case make history? here for a little legal analysis, california congressman, adam schiff, also a harvard alum and former federal prosecutor for the attorney general's office. article 1 of the constitution of course gives the power to legislate congress and article 2 says the president needs to, quote, faithfully execute those laws. is delaying the mandate really unfaithful? >> no, it isn't. of course this is something presidents have done throughout history and in fact george bush did in terms of the smooth implementation of that medicare part d, the prescription drug benefit. presidents do it all the time. but in addition to the fact this is nothing new or extraordinary, the only thing that would be extraordinary here is the idea that one house of congress can sue the president over a policy disagreement.

that really would be unprecedented, and i think plainly the courts are not going to permit it. there's no legal standing here for one house of the congress to complain, particularly when there's another remedy and the remedy would be if congress doesn't like 0 it, congress can step in with another law that specifically directs the president to do something or cuts off funding to do something. there are legislative remedies here that -- there's no way the court will step into this mess i think. >> in your view, what is an overreach of executive power in legal terms? >> well, if there was an xlisity statutory mandate that the president do something or that if the president violated, say, the war powers act, there might be an institution injury we could show legal standing to bring suit. even then, it would be hard if there's still a remedy for the congress to take. if the congress act s explicitl to direct the president, the president willfully ignores

that, there may be a case there. even the even then, it would be difficult. here congress can take the action of not confirming any of the president's appointees. congress can take the action of explicitly dedefunding things the president wantss to fund. there are lots of remedies but one far reaching kons fenconseq here is if the court allows this to go forward, it would be what conservative jurists and commentators don't want to see. that is, it would empower the court to become an activist body and basically decide policy making decisions, which is not something that conservatives want and certainly not something that i think constitutional scholars think is appropriate. >> that's exactly why typically courts do decline to hear suits of this type by members of congress for lack of standing, t. you have to show causation, and a way to redress it. the lawyers behind this

particular suit are saying there's a precedent for granting standing in this case, they're setting this raines v byrd from 1977, saying that was a case where legislators whose decisions had been nullified by executive action were found to have been harmed by it and were allowed to bring suit because of it. is this case different from that? >> well, it is different than that. and i think if you look at the legal reasoning in that case, several of the justices expressed a great skepticism about the idea that one house of congress or even both house fz congress could simply pop into court i think in the view of one of the justices whenever they wanted the court to referee a policy difference. there are exceptional circumstances, for example, when congress' subpoena power has been undermined when there's a need for the congress to continue with the performance of his duties where the court has found a legal injury, but those situations are very rare. what the courts have said is

that when the court is done with its business, which is legislating, and it becomes an executive matter of implementation, the house and senate no longer have legal standing. they may feel an injury. i mean, i feel an injury that laws i've authored aren't implemented the way that i want, but that's not the same as a legally recognizable injury. and the difference between the two is very sound because, in the absence of distinguishing a policy injury or a perceived injury from an actual legal case or controversy, we prevent the court from becoming the arbiter of policy differences, which would be disruptive to our government. >> congressman, aside from the very real legal problems i think there's a kernel of an underlying point in congress rising up and saying the balance of power maybe isn't what it should be. there was a constitutional lawyer jonathan hurley

testifying at that hearing today. take a listen. >> when a president can govern alone, he can become a government unto himself, which is precisely the danger the framers sought to avoid. what we're witnessing today is one of the greatest crisis that i expect the members of this committee and this body will face. it has a patina of politics that is hard to penetrate. it did not start with president obama. i was critical of his predecessor and certainly this goes back long before george bush. but it has reached a tipping point. >> sir, is the balance of power between congresses and the presidency what it should be right now? >> i think -- look, i think there are sound arguments to be made that, no, in fact, we've seen a great accretion of power in the hands of the presidency at the expense of congress. but it's not because of actions like this where we have delayed implementation of an employer mandate to allow for the smooth

implementation of the broader bill. rather, it's a function. fact that congress is so dysfunctional, failing to do its job and failing to act, and the executive has had to rely more on its executive power. so 0 it's really hard for the congress to complain here about the growth of executive branch authority when we have the remedy at our disposal, which is to do something. and indeed in the context of the affordable care act, the remedy here if the congress doesn't like what the executive is doing is to pass a bill that either repeals the discretion under the taxing authority or says that it must go into effect as of a certain date. but of course republicans don't want to do 0 that because they don't want the employer mandate to go into effect at all. only in washington do you have a situation where house gop is ready to sue to implement a law they don't like. >> you make the fundamental point there loudly and clearing. doing something is what congress seems unwilling to do. appreciate it. coming up, we'll talk to the

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china is on the rise, and the offensive is technological. the department of justice is pursuing charges against five chinese military offices for hacking u.s. targets. the u.s. times is reporting that china is posing new threats to our national security and our commercial interests. chinese hackers snoo s snooping the least expected places. with all the details, nick christophe joins me. nick, always a pleasure to have you here. >> good to be here. >> the "times" is reporting that even obscure targets, for instance, the government printing office, are being targeted by chinese hackers. what would they want with the government printing office? >> i have no idea. they've been targeting just about everybody. a lot of thinks are more natural, anything related to tibet, defense, journalists. now you get the gpo.

who know whaz's going on. we're doing an awful lot of the same thing to sthem. >> what does the u.s. do to staunch -- the rise of chinese technological capacity is a great thick, but what do we do to make sure it's accompanied by restraint. >> we really haven't found an effective lever to hold against them. part of that is they say, you're doing the same thing to us. our response is, we spy on your government officials and military, but we don't take commercial interests, don't steal your commercial information. for them, that's not a very compelling argument. i mean, the real concern here i think is not so much cyber espionage, not so much gathering information, which is a risk, real problem is cyber terrorism. there is some evidence that chinese military is prying to figure out how to turn off the electrical grid here, how to disrupt the banking system, how to affect dams, this kind of thing. if there were a real crisis, and

that would be a catastrophe. it's not clear we're well defended. >> something doj is keeping a close eye on. another part of it is human rights. they're using technology to crack down on conversations about tibet, about the uighurs. we saw samsung pulling out because of child labor. is the seeming lack of human rights to accompany the economic rise 0 going to hold back china? >> i think it is. you know, at some point when you create a middle class and when you educate people, when you create contacts with the rest of the world and create aspirations for rights, for people that travel and so on, you haven't had that at all in the political sphere, and it's creating -- it's disrupting the economic environment, the investment environment, and there are growing tension was the u.s. and neighboring countries as well over territorial issues. so this is becoming a real challenge for xi jinping the

leader. >> the other side of the human traerian, the exploding population, there are 700,0000 orphans and some of the babies born in china face a much worse fate, because of the one child per family policy and this lingering legacy of that and because of some of the lingering economic conditions holding back families struggling with that exploding population and growth. we have an interesting report from our partners. take a look. >> this might look like a candyland play house, but it's far from it. the chinese call it a baby hatch. this woman is about to abandon the infant she's holding. there is no one inside this pink house. she presses a button to alert a nurs

nurse. >> the nurse will take the child to 0 a nearby orphanage. locals say this happens eight times a day here. the hatches are a radical experiment by chinese authorities to rescue the 10,000 babies abandoned every year,

many of them on the street. one out of three die. families who use the baby hatch do it anonymously and almost none will speak publicly. but we found a father who was willing to talk. >> translator: when my child was born, the doctors tell me your child was born with a cleft palate and shortened legs. our hospital does not accept that type of child. see? her leg is short. her bone is deformed. a computer where he keeps the photos of his daughter is shared with five other families. many of the parents who abandon their child do it because their kid is sick and they it can't afford to raise them.

>> translator: i have no money to raise my child. i just can't do it. >> he is an electrician. when he moved from his hometown, he lost his health insurance because of chinese law. all of his savings was spent on trying to help his sick child. >> translator: that night my wife and i made a final decision because there was no other way. we took her to the baby hatch. >> when he reached the hatch, the leading city of china's industrial heartland, it had closed. the orphanage that had taken in 262 kids from the baby hatch had reached its capacity. >> translator: who can we turn to? who is willing to help us? there's simply nothing you can do.

>> really a heartbreaking story for that family. nick, you think that maybe this is a problem not on the rise, that it could be getting better. >> right. it's a reflection of two things, what is called the one child policy which isn't exactly a one child policy, coupled with a strong preference for sons, and families if they only have the right to have one more child, then they don't want to use that quota on a daughter. so two things they can do. one is they can get a sex-elective abortion. they get an ultrasound, bribe the ultrasound operator, ask if it's a daughter or son. if it's a daughter, have an abortion. or if they have a daughter, give it away in this form. but over time china laxed on the one child policy because it has to. their real problem is aging population, not overpopulation. >> how does a growing chinese

economy with more and more people having to take care of their elderly relatives. >> that is going to be a huge challenge for the chinese economy. i think it's one they're only too late coming to realize. it's a big problem. they had too quick a decline in fertility. now they're appreciating. it's going to be a major constraint. that's why there are a lot of calls, especially among academics to 0 relax the one child policy much more than it is. plus the gender imbalance in the population is a huge constraint. you have 118 boys for every 100 girls. so you have almost one-fifth of the male population that will not have a match. that is not going to be good. >> huge instability. there are new numbers from the pew center pulling back to the u.s./china relations, saying fewer americans have a favorable view of china than ever before in previous years they've looked at this. does that surprise you based on

the fact that china is so economically ascentive, so much part of our consumer goods rg our economy. >> i think it's a reflection on xi jinping. he's taken that in terms of human rights and territorial disputes. there's been a broad crackdown. what is kind of striking is while u.s./china relations have been up and down, this time it's not in response to some particular crisis. and that will happen. there is going to be some bloody crackdown in tibet or there is going to be some incident in which a chinese ship and u.s. ship have a collision. there is going to be something like that happen. at that point there's very little goodwill on each side to calm things down. i think that is really what i'm most worried about. >> the baseline is in a worst place than it needs to be given how critical the relationship is. >> riext i think xi jinping is taking china in a much more hard

line direction. >> thanks so much. up next, critics calling for an investigation into his disappearance and captivity in afghanistan. but is sergeant bowe bergdahl worried about his future? we're going to get an inside look into where his mind is right now from the attorney that he just hired in one of his first interviewed. that's up ahead. because there's nothing more exhilarating than a powerful ride. and you can get that in places you might not expect. like the passat. and also in the fun-to-drive jetta. in fact, volkswagen has sold more turbos than any other brand over the last ten years. that is a lot of turbo. vo: hurry in and you can get a $1,000 turbocharged reward card when you lease a new 2014 passat s for $219 a month. that would be my daughter -- hi dad. she's a dietitian. and back when i wasn't eating right, she got me drinking boost. it's got a great taste,

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duty without an escort. but all of that could change fast. there are big questionsling erg over this investigation. did bergdahl desert? were others endangered because of it? what consequences could he face? eugene fidel, professor of justice at yale law is bergdahl's attorney. thank you for joining us. i've got to get your take on how sergeant bergdahl is doing. to the extent you can, how is his reintegration process going? >> well, the best thing i can do, ronan, is just tell you that the army, which has quite an intensive program for reintegration of people who have had experiences like sergeant bergdahl concluded the other day, that he was finished with that program. and they put him back into a regular duty status. he's got an assignment to the

headquarters and headquarters company at u.s. army north at ft. sam houston. and, you know, you can draw your own conclusions. >> and there have been reports out there that sergeant bergdahl has not been in contact with his family yet. can you confirm or deny those? >> i'm not going to go into any of that. i have to be respectful not only of my client's privacy but also attorney/client communications. that comes with the territory. i know you'll understand that. >> for people in the audience trying to make sense of those reports, should they end up being the case, what are the reasons that someone in his sort of situation would have to not necessarily immediately reintegrate with their family? >> i've already told you, ronan, i'm not going to go into that. sorry. >> we understand. based on your conversations with sergeant bergdahl and based on the surrounding facts, do you believe at this point that he went awol or deserted? >> i'm not going to discuss the facts of the case.

this is a matter -- it's a pending legal matter, and -- >> we just had to ask. we know you can't talk about the specifics of the case. but let's talk about -- >> if i were your lawyer, you wouldn't want me talking out of school either. >> absolutely. we understand attorney/client privilege and respect that. but speaking of cases of this type in general, after 30 days without reporting, the military can pursue a felony desertion charges in cases of this type. the typical defense would be for the soldier to prove he or she did in fact intend to return. what kinds of facts would lead to establishing that? >> well, let me say that you've misstated the legal framework. i'll do this very briefly. the only thing that happens after 30 days, if a gi is not at his or her duty station, is administratively the person is determined to be a deserter.

that has nothing to do with whether a person has committed the offense of desertion under the uniform code of military justice. it simply means the person is no longer carried on the rolls of the unit. it's an -- >> you're absolutely correct. but we're talking about two separate processes. the first is whether they're administratively classifieded as deserted. that didn't happen. there was a 2009 investigation that stopped short that he did that. but separate of administratively classification, it is under the code of justice possible for these charges to be pursued, the actual felony charges. you're correct, separately, but that would be the basis for it. what would the potential defense of that be in a case like this without the specifics of your client? >> i'm not going into the kind of legal issues that may unfold. the matter is still under investigation. i think it would be tremendously premature to do that. we understand. do you have any concerns about how the investigation is

proceeding at this point? or the general leading it? >> what i can tell you is that i had a telephone conversation with major general kenneth dahl, the has been called in from ft. lewis in washington state to conduct the investigation. i gather he has a significant staff that's assisting him in the process. i was impressed by his seriousness at purpose. i was impressed by his human touch in my conversation with him. i thought it was highly professional. i thought it was appropriate. i look forward to meeting him face to face. >> and do you feel the way in which sergeant bergdahl is being treated has been appropriate? >> i don't know enough, really, about the specifics of the reintegration program or about, you know, anything that happened at the medical center in germany or before that. but what i can say is i thought that the personnel i dealt with

at u.s. army south, which had responsibility for sergeant bergdahl until monday, were very appropriate. they were cordial to me. they were highly professional. not stiff, i might add. and it was a pleasure to deal with them. >> professor, we mentioned that your client is free to leave the base without an escort. do you have concerns about his safe safety? >> well, i think the answer is no. i personally don't. i know that there are people who have attempted to vilify him, and i'm sorry to know that. on the other hand, i think there are many people who feel only sympathy towards him. i've had some remarkable e-mails from total strangers over the last 24 hours that have been very heartwarming and consistent with the kind of values that i

expect, you know, impartial observers among our fellow citizens would bring to this controversy. >> and professor, as we part ways here, why come forward at this point? why do you think it's helpful to explain to the nation at this point early in the investigation what's happening with sergeant bergdahl? >> well, this is not -- let me emphasize that we haven't engaged in a proactive media strategy. i've been entirely reactive. there is an enormous amount of public attention that's already been focused on this controversy for some time now. i think the public is quite engaged by this case. and i'm just trying to be as helpful as i can, given the constraints in terms of attending to the public interest in it. >> thank you so much, bergdahl's

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hello, everyone. i'm joy reid. this is "the reid report." we begin with a protest over the immigration crisis, which have gotten so ugly it's become a side show that could become a political liability for the right. >> protesting the invasion of the united states. >> we've got an ebola virus that is decimating three countries there. >> smallpox, the infectious diseases of children. >> all it takes is one bad one to come in our community. >> are we going to be seeing something like that coming in? >> you come illegally, go home. i don't want you here. >> the rule of law has been undermined by the president himself. >> then a report from the ground in gaza, where four small boys, all cousins, became the latest casual tis of the israeli-palestinian conflict. and an exclusive investigative reported from "the huffington post" that we'll report right here on a