0.9 of the law, and right now columbia has it. it was dug out of mines by natives forced into labor, and columbia probably has the strongest case, and the recovery will include sophisticated equipment. >> what a story. tom costello, thank you. want to see all that loot laid out after they recover it. that's going to do it for today. josé diaz-balart picks up our coverage right now. good morning. it's 11:00 a.m. eastern, 8:00 a.m. pacific. i am josé diaz-balart. it's election day in america. right now voters in several key states are set to decide a series of critical races and

ballot measures. we will talk about the implications for 2024. overseas, today marks one month since hamas stormed into israel in a massacre that left many women, children and men dead. now israel may take security responsibility in gaza for an indefinite period after the war. back at home, dueling palestinian and israeli protests. in new york, two days after former president trump's testimony in his civil fraud trial, his daughter, ivanka, is set to take the stand tomorrow. today is election day with voters heading to the tolls to decide a series of implications.

kentucky's democratic governor and mississippi's republican governor facing tough challenges as they seek another term in office. in virginia, the entire state legislature is up for grabs, and republicans there are hoping to take control of both chambers. in ohio, voters will decide to add abortion rights to the state constitution, as well as whether to legalize recreational marijuana use. shaquille brewster in louisville, kentucky, and nbc news national political correspondent, steve kornacki at the big board. shaq, what are you hearing from kentucky voters on this key day? >> reporter: voters are telling me they definitely have local issues top of mind. i have heard education and infrastructure mentioned to me. others have said the national and international issues have been their focus, and that could

be the difference here. this is a state that in 2019 the democratic governor won by just 5,000 votes, and then the following year you had donald trump win here by 26 percentage points. that's why you have the republican challenger, cameron, doing what he can to tie himself around donald trump and tout his endorsement, and also tie governor beshear to joe biden. >> i wound up supporting cameron this time. >> who did you support in 2019? >> beshear. there are things that i didn't agree with.

>> reporter: there was another voter who i talked to off camera that said she usually doesn't come out to elections like this, but she really likes beshear, and she really likes how he responded to covid and natural disasters in the state, and that shows the battle here, you have a popular governor with high approval ratings, but can he overcome the national headwinds and the unpopular party leader of president biden. >> gary, meanwhile what are you hearing from voters in virginia? >> reporter: overwhelmingly the issue of abortion whether you are democrat or republican is top of mind for voters here. and youngkin has plans if he can hold the house and flip the senate. he wants a 15-week abortion ban with exceptions. he has not mentioned it once over the last few days, and neither have the candidates

running in the races, including here where the voter this morning said what her thoughts are if the republicans sweep. >> well, it scares me, frankly. i think we need to have checks and balances. it's important that we are representing all of the people and not a small majority -- excuse me, a small minority of people that are starting to, i think, invade our political system. it scares me. i hope that people come out today and they vote for common sense. >> reporter: looking towards 2024, if republicans don't win out tonight, governor glenn youngkin will have a hard time

convincing voters outside of the state of virginia that he's any different than any other governor with a divided legislature. >> thank you both for being with us this morning. steve kornacki is with us from the big board to dig into key races we are following. what are you watching today, steve? >> piggybacking off what you were just talking about with gary in virginia, and control of the state legislature, this is what it looks like right now. democrats control, as you just heard, abortion is front and center in this campaign. huge record-shattering sums of money for state legislative races being spent here, but glenn youngkin, the republican governor, thinks he has found a moderate possession on abortion that republicans can use and win on in virginia and export to other states nationally. that's been one of the challenges for republicans since roe v. wade was overturned a

year ago. he thinks a 15-week limit with exceptions is a winning political position. there was a poll a couple weeks ago with virginia voters on that question, do you support or oppose a limit at 15 weeks. basically right down the middle. 46 support and 46 oppose. very interesting to see how that plays out tonight. democrats believe this is an issue that could help them in 2024. if republicans have a good night in virginia, this could be a tactic and approach of what youngkin proposed that you could see in other republican states in 2024. beshear and cameron, and keep in mind, it's kentucky.

you look at this map from 2019, and beshear based on this map has very little margin for error. there are a lot of counties here that are typically extremely republican in national races. look in the eastern part of the state. these are very republican counties. beshear actually won them in 2019, and these are counties where trump got 70% of the vote, but beshear won them. two of the three counties right outside cincinnati, beshear actually won and trump swept them in 2020. the thing to look for tonight as these results start coming in, if any of the blue is disappearing from the map, that's a very bad sign for beshear because he can't afford any slippage, and if the areas are staying blue or getting

bluer, or if he's adding blue counties to this, there is a sign that the job approval rating is resonating and powering him to a victory. this is a test. as shaq just said, joe biden, national democratic party very popular in kentucky. that's part of the message the republican is running on, basically saying you may like andy beshear, but if you don't like the national democrats, don't voted for their party. a similar story in mississippi. take reeves, the incumbent being challenged by presley. reeves four years ago when he got elected for the first time it was a close race. a very republican state. it was a five-point margin for tate reeves. he does not have the kind of approval rating and personal high favorability that beshear has in kentucky. take a look here, presley, his

democratic opponent, he has themes that could resonate, and he calls himself pro life, from womb to tomb is the phrase he uses. it's the same dynamic in kentucky, he's leaning towards joe biden and the national democratic party, taking voters that may not be nuts about reeves and may like presley but vote party over personality. in both states it's a test of that. democrats will be very relieved if the personality side of it can win out, certainly in kentucky, and republicans, i think, would be encouraged if the anti-biden sentiment is so potent it helps them in both states. >> steve, real quick, back to kentucky, the districts you were showing us that went democrat for, you know, in an unusual manner because of the last election, are those districts that turned blue traditionally?

you were saying red, or is it they changed depending on if it's a presidential versus a gubernatorial race? >> yeah, 120 counties are in kentucky. of the 120, two voted for biden. and it's jefferson, in louisville, and fayette, where the other big population center is. everything else was red in the trump-biden race. if a federal race, in a race for the presidency, that's the dynamic you will get. the interesting thing, when you look at eastern kentucky in the blue counties, this used to be -- if you went back a generation, this would have been a bad showing for a democrat. the politics of these counties have changed so dramatically in a generation going from democratic to staunchly republican. again, you are looking at

counties here where donald trump will get 70, 75% of the vote, but beshear was able to make a connection with the voters in a lot of these vastly outperformed what joe biden and national democrats typically get. that's a big thing to look for tonight here, does that continue or does that -- is that tip towards the national democratic party start painting the counties red. >> thanks. up next, israel marks one month since the horrific hamas attacks. one man holding out hope that his wife and three children that were kidnapped that day will come home soon. >> i just keep on going, you know. nighttime comes and i just fall asleep, you know. maybe i don't fall apart, but i just fall asleep.

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today marks one month since hamas launched a surprise attack on israel, massacring israelis and taking 240 people hostage according to the israeli government. 1,400 candles lit along the western wall to remember the victims of the october 7th massacre. prime minister netanyahu said after the war with hamas, israel will be responsible for security. >> well, there will be no cease-fire, general cease-fire in gaza without the release of our hostages. as far as tactical pauses, an

hour here and there, we have had them before and we will check the circumstances in order to enable the goods, the humanitarian goods to come in, or individual hostages to leave. i don't think there will be a general cease-fire. >> those pauses were something netanyahu and presiiden discussed during a call on monday according to a white house readout. for the first time since the war began, rockets on lebanon were fired on the city in iran. the hamas-run health ministry said the deaths have surpassed 10,000. more than 400 u.s. citizens and their family members have left gaza through the rafah border crossing, according to u.s.

officials. joining us from tel aviv israel. what is it like being there? >> it's somber, josé. there was a moment of silence, and they are observed on memorial day and holocaust remembrance day, and it's a sign of how much they are scarred, they would hold the moment of silence one month in. here in tel aviv, life feels like it has returned, people back on the streets, and israeli flags on buildings and cars much like in the united states after the 9/11 attacks. here, almost everybody knows

somebody killed or kidnapped on october 7th, and now almost everybody knows somebody who is taking part in the fight inside of gaza. it will be a long time before here in israel things will be back to normal. it will be a very, very long time before things in gaza are, if ever, back to normal, just the scale of destruction we are seeing inside of the gaza strip right now, and this anniversary is still being marked inside of israel. >> if i could, just on a more personal level, in this month of coverage, since the massacre, you have seen so much, you have witnessed so much evil. looking back, what are some of the things that have most impacted you? >> well, i appreciate the question, josé. i have spent time in syria. i have spent time in ukraine, in other conflicts. i can tell you the israel kibbutz right off the gaza

border is perhaps the scene of most concentrated horror i have ever encountered. the houses there are small, and we watched as israeli troops just pulled a seemingly unfathomable number of burned bodies out of them. each house was a different story of horror. the smell of death was overwhelming. it's something i will never forget. josé, there's a lot of horror we are not seeing, which is inside the gaza strip where whole families have lost their lives over the course of the last month. one young woman i have been thinking about. she had muscular dystrophy, which meant she was in a wheelchair but did not let that hold her back. she was killed in what her family says was an israeli air strike earlier in the war. the secretary general of the

united nations mentioned her as he talked about the scale of loss inside of gaza. just, josé, the amount of human potential that has been snuffed out here in israel, inside of gaza, lives that will never fully flower, it's hard to take, josé. >> yeah, and you know, it's the horrors of war. you think about those, you know, kids that were massacred at that concert that you were there just, you know, the day after or two days after that, kids that, as you said, just have now no future and had so much potential. thank you for being with us. appreciate your time, my friend. joining us this morning is colonel mary icean. she is managing director -- let me get that right, if i could, a former spokesperson and retired

member of the israeli defense force and managing director at the international institute of counterterrorism at rucker university. one month, so many has changed so much for so many. >> i was listening before to your conversation that was also in israel. today we had a ceremony at 5:00 in the morning, and five students were killed and two were at the musical festival, and additional three soldiers were killed, two down south and one up north. we also have a very hectic border -- hectic is not the word, but and i almost answered the phone while i am looking at the camera right now, because

all three of my kids are serving and my daughter just called and she's an officer and i have not talked to her in weeks. i answered and said i can't talk, i am about to be on tv, but you realize i have not seen my daughter in literally almost a month, she's an officer in the idf. every single one of us, we know what it's like. it's in our homes. i also heard what he said about the gazans, and my heart can go out to the poor civilians there, and we have to make sure hamas does not control their lives. my heart goes out to them all. >> thank you for being with us. that phone call that i hope you are able to re-establish shortly, there's never a more important conversation than one can have with one's daughter, and especially when she's serving the way she is. i am just wondering, you know,

war is so horrible, right? i mean, i have just been in the past couple of weeks reading about how the united states did what it did to be able to finish the war in japan. you know, macarthur's role to returning to japan and setting up a new country after hiroshima and nagasaki. war is so horrendous. how is it that one can protect people who don't have any stake in it, and yet are the ones who are the ones that are the most affected? >> i am sitting here and listening to you, and thinking about war. war is bad, period. sorry. war is horrible. there's nothing good to say about war. the only thing i can say is that

in some situations when -- and wars don't start, it's not passive. this war was initiated and started by the atrocities that i, you know, can't even understand at this stage. in this sense, what i want to hope, is that in a war, which is always horrible, that human beings will continue to understand the value of human beings. in this case i have to say that that's the one gap not with the united states, and in talking to you right now on msnbc and in the states, but there has been an enormous gap in the last month in the way the war is being described about human beings. i am sitting in tel aviv, and i am crying over not just israelis, but civilians. they are targeting terrorists

that hide behind civilians, and you still don't want to target in any way that terrorists, and we have had droves of people, people, human beings, trying to get out of the war zone, and i want them to do so including today. but i don't have any good news when it comes on how you try to go about if we allow a terror organization, a genocidal terror organization, and they are showing themselves as being the saviors and resistance and continuing to fire against israel. if they succeed, then when you have is a terror organization that shows a whole new operation, and being part of the people and using them as their protection, that's a very scary future. so you do it and you do it slowly and keep a heart. >> what are you going to tell

your daughter and your other two children when you do get a chance to talk to them? >> so it's like the sons are going to say, mom, you always talk about the daughter and not the sons. i am very proud of all of my children. you know how is it, it's daughters. i am incredibly proud of her. she's resilient and strong. i worry, and i worry about the last things you asked about, the impact when participating in the war. you are targeting the bad guys and you know within that you are hurting innocent people, and that's part of being a human being and the challenges of war, and we need to do this because we can't exist here otherwise, and within that need we have to stay human beings. i am a mom, and i will hug her, i will hug her through the phone. >> that will be felt, i am sure, through the phone, in a very direct manner, and the boys, too, and don't just always talk

about the girl. >> absolutely. >> thank you for being with us this morning. >> thank you for having me. thank you. just this hour we are learning the fbi is in communications with local authorities following the death of a jewish man. he suffered a head injury when an altercation broke out between dueling pro israeli and pro palestinian rallies. police are investigating his death, and county officials have called it a homicide. joining us now, stephanie gosk. >> it happened in thousand oaks, and people that are familiar with the l.a. area, it's a suburb outside of l.a. there was a dueling rally, and there was an altercation, and paul kessler, 69 years old, was struck on the head, they said, and then fell backwards and hit his head.

sadly he passed away in the hospital a day later. law enforcement says they are investigating it as a possible hate crime. there are people who were there, witnesses who say he was struck over the head by a megaphone. they are trying to nail down the details. they are also asking people if they have any video, to please share it with authorities. we are expressing a press conference there momentarily. josé, i have been to a lot of the protests and counterprotests in the last few weeks, and i can tell you, at least here in new york city, police make a real effort to make sure groups are separated so incidents like this one, apparently, in the way it played out don't happen. it gives you an idea of the level of tension and animosity that is out there, josé. >> they have not found the person that may have done this? >> no, there has been no -- well, there has been no arrest made. whether they know who is involved, they would not say, but there has not been an

arrest, josé. >> stephanie gosk, i thank you so much for being with us this morning. up next, what is up with donald trump's civil fraud trial. why ivanka trump's testimony could be a real wild car. you are watching "josé diaz-balart reports" on msnbc. p. and with higher stroke risk from afib not caused by a heart valve problem, we're going for a better treatment than warfarin. eliquis. eliquis reduces stroke risk. and has less major bleeding. over 97% of eliquis patients did not experience a stroke. don't stop taking eliquis without talking to your doctor as this may increase your risk of stroke. eliquis can cause serious and in rare cases fatal bleeding. don't take eliquis if you have an artificial heart valve or abnormal bleeding. while taking, you may bruise more easily or take longer for bleeding to stop.

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today the civil fraud trial against donald trump and his business takes a break for election day, and then on monday trump eared his grievances and at times sparred with the judge. joining us, investigative reporter for "the new york times," and she was inside the courtroom on monday for trump's testimony. what was that day like inside the courtroom? >> i mean, it was -- it was very combative. it was a real show. i think that may have been the purpose of it, at least for donald trump. seemingly not speaking for the case itself but for more of the bleachers and supporters. it was a lot of him arguing and making points. he kept saying, i hope the public is watching. this is unfair. he played the victim card and

tempers flared. in the judge, in the morning at least he backed off, and then in the afternoon he went after him and kept pointing out the questions required yes or no answers, and he said to just answer the question and stop giving speeches. it went on for three or four, five hours yesterday. >> did the judge -- some are saying maybe part of the plan for trump and his team is to actually confront the judge and get the judge to act or react in a certain way. do you think he was successful on that? >> yeah, i think he was in a sense, just because just getting the temperature up in the courtroom is what he wanted. at one point the judge said in essence, you know, i don't want to hear what you have to say. he was referring in that instance to some speech was going on and on, and they got that sound clip and put it into

a fundraising note. i want to talk about the substance. underneath it all trump did answer important questions and one of them was did the banks -- did he think the banks relied on the information when he submitted the statements of finances at the heart of the case, and they are statements alleged to be false, and that's not what he should do is submit these to banks to get favorable loans, and he answered in the affirmative a few times on that, and proving they relied on them is important. there was a witness from deutsche bank that said yes, they are relied upon in giving the loan. >> tomorrow ivanka trump takes the stand. what do you expect there? >> it will be interesting. she was initially a defendant in the case and she no longer is, and she got herself removed because of the statute of

limitation reasons. she's still going to be a witness. unlike her brothers and father, she was not given a deposition in the case. we don't have a roadmap going in as to might say. i will look for a few things. she was the executive of the company until her father went into the white house and then joined him there, and she has a role in a few significant roles, one is the golf course in florida, and then the old post office, and she was involved in the dealings with deutsche bank, and what she might have said to deutsche bank, and i think that's why she's being called tomorrow. >> just one day on the stand? >> it looks like it. it's interesting. none of the witnesses have gone so far, the main witnesses from the trump family, they only had

a direct examination from the attorney general. trump's lawyers are waiting to call them back to cross examine them, but in the case of ivanka, they are going to cross examine her. she doesn't want to come back up to new york again, so they will do both tomorrow. i expect it to go for the day, and they could hold it so there's potentially overflow on thursday. after that we are heading right into donald trump's case. we will start bringing witnesses, and he referred yesterday a few times about how witnesses will show his assets are priceless, and he has a long witness list and it will run into december. >> appreciate it. >> thank you. we will go up to ohio as voters make a critical decision on abortion rights that could have a ripple effect across the country. plus, the third republican presidential debate kicks off tomorrow night. we will tell you who just picked

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40 past the hour. as americans across the country head to polls today voters in ohio are considering two key issues, abortion rights and legalizing marijuana. the proposed abortion amendment would inshrine abortion rights in the constitution. nbc's priscilla thompson joins us from columbus, ohio. what are you hearing from voters today? >> reporter: we have spoken to a number of voters today and they say they intend to vote yes on both issues, and we are in franklin county, a reliably blue area, and you look at the issues on the polling in ohio, you have 76% voting in favor of the

issues, and 35% saying no. the reasoning behind those yes, sir -- yeses is interesting. >> i personally feel that the issue, number one, should be passed. you know, we get some rules for abortion. this is a constitutional amendment that preserves it, but -- you still have to incorporate it. >> reporter: if passed,he abortion amendment, ooould join half a dozen states that voted to protect those rights and it would set the tone for 2024 where the queion of abortion is going to be on state ballots, and at least seven other states, josé.

>> thank you so much. with us now to talk more about this is former ohio governor, john kasich, who is now an msnbc political analyst. governor, great seeing you. >> thanks, josé. >> what do you think the possibility of what is being decided in ohio about abortion could have a national significance going forward? >> well, josé, i mean, we talked about this before. i think it's fair to say that people don't want extremes on either end. they don't want the heartbeat bill or the late-term abortions. i think where the country is, it's in the middle. like i say, nothing on the extreme up front. nothing on the extreme in the end. this is where this really has migrated to. i think that's where you are going to see this issue play out. those that want to impose extreme on the front end or where you see extremes on the back end, they will be vulnerable to some sort of a

popular referendum that will try to move things to a place where people feel is more reasonable. >> tomorrow night, as you know, five republican presidential candidates are going to be gathering in miami for their third debate, once again without trump who will be holding an event not far away. is there anything any of these candidates can do to get momentum? >> i remember debating in miami when i ran against donald trump and some of these republicans, and that was the last debate trump participated in, and i don't think he was doing so well. what can these people do? i think nikki haley wants to maintain the fact that she has been a strong performer in the debates. desantis has picked up an important endorsement from the governor of iowa. the question is can he gather any momentum from the fact that he received the endorsement. that was surprising, and i

thought the governor would stay out of it but she endorsed him, and the question is does it give him much momentum? and tim scott just made the stage, and how will he perform? what is happening, josé, is republicans by and large are looking at the polls, and they are seeing trump beating biden in the battleground states, and it's what they want, republicans want to win. it's a situation where i think it's very difficult for anybody to climb up because people made up their minds. for all the trouble trump is in, they seem to have made up their mind that too much is politics, and i don't happen to agree with that but that's how they look at it, and at the same time they are saying we can win. we are in a point in american politics today where it's all about winning. you know, it used to be all about winning, and principles sort of mattered, and right now that's what makes it difficult

for these candidates. >> john kasich, thank you for being with us this morning. >> josé, thank you. up next, congress has just ten days left to avert a government shutdown again. why new house speaker johnson must tread lightly while go into negotiations. you're watching "josé diaz-balart reports" on msnbc. i got the power of 3. i lowered my a1c, cv risk, and lost some weight. in studies, the majority of people reached an a1c under 7 and maintained it. i'm under 7. ozempic® lowers the risk of major cardiovascular events such as stroke, heart attack, or death in adults also with known heart disease. i'm lowering my risk. adults lost up to 14 pounds. i lost some weight. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away

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50 past the hour. we are ten dias way from a potential government shutdown. mike johnson huddled with his team on monday night as they try to plan out how to avert a shutdown. last week johnson said he wants to pass a short-term funding bill that will allow the house and senate to try to come to an agreement in january. joining us now, jake sherman. we have seen this movie before over and over again. what's it looking like going forward? >> that's exactly right, jose. we have seen this over and over again. here we are ten days from a shutdown deadline. the house is not moving any legislation this week. zero bills to avert a shutdown. instead, they are going to punt all their action to next week when they -- the week of the shutdown to try to see what they want to do. there's a couple options here that are worth considering. one would be -- it's

complicated. they would bifurcate government funding and pass a couple bills until december and a couple -- the rest of the bills until january. you would have two kind of new shutdown deadlines. that's one option under consideration. the other option under consideration is just to punt the entirety of government funding until january and couple that with something like a debt commission, a statutory debt commission to try to come up with ways to cut down on the national debt. in total, this is going to be an incredibly busy week as we get to the deadline. >> one cr or two baby crs or nothing at all? >> i don't think they will do nothing at all. the question is, can they do something next week that's pal pallatable to the senate? it takes the senate almost a week to do anything.

it needs time to reject that and send something back or to produce its own bill. there's a lot of moving pieces here. the decision to handle this all next week is incredibly risky. i can't emphasize that enough. friday is the deadline. they come back monday. they only have tuesday, wednesday, thursday, friday next week before they hit that deadline. >> meanwhile, right now david weiss is testifying before the house judiciary. dan goldman addressed his testimony. here is what he had to say. >> mr. weiss confirmed the fact that he had ultimate independent authority to charge whatever charges he deemed to be appropriate. >> how soon could the public read or hear more about this? >> that will be up to the committee. the most important thing to consider here is when lawmakers walk out of this room, they tell

the public, they tell the press what they heard and what they had wanted to hear. i'm not criticizing mr. goldman in any way, shape, or form. typically, this is a choose your own news environment for both parties when they come out of the closed-door depositions with either subjects or people of interest in any probe. >> jake sherman on capitol hill, very busy next week for you. thank you very much for being with us this morning. up next, a key hearing gets underway in texas tackling the way migrants are treated at the border. you are watching "jose diaz-balart reportreports" on m. . ♪(uplifting music)♪ ♪nothing is everything♪ i'm celebrating my clearer skin... my way. with skyrizi, 3 out of 4 people achieved 90% clearer skin at 4 months.

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57 past the hour. turning to new developments in a story we have been following at the southern border. a hearing will take place on the razor wire the governor installed to reduce migrant crossings. it comes a week after a federal judge issued a temporary restraining order preventing them from removing it. what can we expect today, morgan? >> reporter: it will be interesting to see what plays out in this texas courtroom. that preliminary injunction hearing set for 2:00 p.m. local time. we will hear arguments from the state of texas versus the biden

administration, all coming down to the presence of this wire which the state of texas has said the military has spent $11 million on 70,000 rolls of this to protect its border. they accusing the biden administration of essentially keeping them from being able to protect the border by having customs and border patrol agents cutting through the wire to allow illegal immigration. we know the judge, a george w. bush appointee, will hear the argument. we could potentially find out today if that order will be extended or if some other fate may be taking place. that is why today, essentially the future of the texas border could be at stake to some degree.

>> morgan chesky, appreciate it. that wrapping up the hour for me. you can reach me on social media. thank you for the privilege of your time. andrea mitchell picks up with more news right now. right now on "andrea mitchell reports," the polls are open. it's election day in virginia, kentucky and ohio. results will be a indicator of what voters want. the abortion issue looms large. steve kornacki joins me to break it all down at the big board. we mark one month since the horrific hamas attack. earlier today, families of the hostages met with speaker johnson and lawmakers on capitol hill. >> it has been 30 days. every day is like eternity to me. i can't wait any longer, because i know that he was shot.