the stand. his testimony a day after paul pelosi shared his chilling first memory after the attack, saying quote, he remembers waking up in a pool of blood. plus right now, powerful images are coming out of d.c. tens of thousands of people standing together. a forceful show of support for israel. loved ones of hostages demanding their release today while the idf shares heartbreaking news that a 19-year-old that was being held captive is now dead. what we know about her, the revelation that one israeli peace activist thought to be held hostage in gaza was actually killed on october 7th. and a lot of new developments there. our nbc news reporters are following all of those developments but we begin on capitol hill where we just heard from that senator who stood up seemingly ready to fight a witness before the committee. ali vitali is reporting for us. what did he say, ali? >> basically, no regrets, chris. he defended his actions that happened during the committee hearing. look, this is congress. we've seen tense exchanges before. but this really did seem like it was going to escalate to a place where you do not often see in the halls of congress. so much so that the senator's colleague on the democratic side, senator bernie sanders, put his hand out and said you're a u.s. senator. almost reminding him, he could not stand up, try to remove his wedding ring and almost walk towards one of the people testifying. now it's a moment where senator mullen is saying he doesn't regret it and he says he didn't do his research good enough in the words of mullen, talking about the man from the teamsters who he almost came to blows with. thankfully it didn't almost come to a physical altercation. >> we're seeing in this tape now from the hearing. bernie sanders had to step in. >> yeah. that hand is doing a lot of work there as senator sanders tries to use it to physically caution down his colleague there as he stands up and again, maybe tries to remove his wedding ring, but sanders' hand consistently there and his words, even though we can't hear it now, he's saying to him, you're a united states senator, trying to ease the conversation down. at least just make it that it doesn't come to blows. >> a dramatic development in just the last 90 minutes. the man accused of nearly beating paul pelosi to death with a hammer taking the stand in his own defense. what are we hearing from david depape? >> talk about dramatic. in a stunning move, the defense calling him to the stand. our in-court producerescribing his mannerisms as bursts of speech. he talked about the night when he broke into the home, saying he woke paul pelosi up, he tried to block him from going down an elevator in his broom and when he saw the police lights show up at the door, he hit paul pelosi because he felt like his plan had been thwarted. they are trying to show he was at the pelosi home not to kidnap her or hurt paul pelosi because of nancy pelosi's title in congress, which is why he's been charged with these federal charges of attempted kidnapping and assault on a federal official's family. they are hoping that his conspiracy laced, his conspiracy theory thinking won't sway the jury because that is why he we want to the home. to lure nancy to get her to lure another target so he could get to hunter biden. he said that was his number one target. we heard from paul pelosi yesterday. he talked about that moment and how he knew something was very serious. he tried to remain calm. as you mentioned, he woke up in that pool of blood. he says the headache has gotten lighter, but it was a point where he couldn't stand or walk without feeling dizzy or lightheaded. but there were also moments of levity where he joked about his hair is finally growing back and he credited the fact to his italian roots. right now, the defense has a couple more witnesses an the jury is expected to get that case today and we could have a verdict by friday. >> dana griffin, thank you so much. now to jesse kirsch in washington, d.c. with that huge crowd of people at the march for israel. i understand the israeli president just addressed the crowd. what can you tell us? >> reporter: yes, that's right. he wrapped up a short time ago. they're on to the next speaker here. just for context where we are, we are along the national mall. the u.s. capitol is just that way. i want to give people an idea of how large this crowd is. this is really just a fraction of all the people out here. our estimate, best estimate is tens of thousands filling much of the national mall heading toward the washington monument. down there, the u.s. capitol. being over there, one of the things that the president of israel called this march is the march for the babies. of course, we know that there are children reportedly amongst the hostages. children among those who were killed in israel from the reports we've seen from the middle east as this goes on. we're now about six weeks since the attack by hamas on israel and now all these weeks later, tens of thousands of people here speaking out in support of israel and speaking out against antisemitism. this is coming on the heels of new data from the antidefamation league which says in the same stretch of time this year compared to last year over the month following hamas' attack on october 7th, reporting a more than 300% spike in antisemitic incidents in the u.s. so it's that heightened time of concern of the potential for threats against the jewish community. of course, there's heightened concern for threats against the arab and muslim american communities as well. even as that's going on, we have tens of thousands of people out here. we've seen signs from houston, peoria. we met up with a group that bussed in overnight from cleveland, ohio. from cincinnati. people saying they've come in from canada for this. some communities reportedly chartering planes to be here. just gives you a sense of the broad strokes of what we're seeing and i can tell you, chris, also from the people we've spoken with, something i've heard from some is an inextricable link from judaism and israel. one woman i spoke with who shared a viewpoint in that realm is the daughter of two holocaust survivors. she told me if her parents were still alive, it would kill them to see what has happened in israeli recent weeks. that's one of the sentiments we've seen. another thing i want to point out is i saw a gentleman holding up a sign critical of the prime minister of israel, benjamin netanyahu. that man said he's been getting criticism for sharing that criticism, but he says he's here to voice support for israel. it speaks to the difficulty of sharing nuanced views right now. a challenge in what appeared to be one uniform side from 50 feet up. when you get up close, it's not necessarily like that. i want to share if we can, a quick moment we had with one of the people coming in from the cleveland area overnight. here's what one young boy shared shortly after getting off the bus this morning. >> what do you want people's take away from seeing you out there? >> i want them to see that israel matters and that this isn't just something that's going on. it's something that we need to fix. >> that was a young boy coming with more than 1,000 people from the cleveland, ohio area. just one of numerous communities being represented out here in the nation's capitol today. chris? >> jesse, thank you so much. we are learning more about the fate of two women thought to be held hostage in gaza. erin mcloughlin is reporting from tel aviv for us. what's the latest, erin? >> reporter: it has taken weeks for israeli officials to understand the magnitude of the loss on october 7th. some of the remains were so badly charred that the identification process has been long and pain staking. many of the victims still listed as missing. today, the israeli prime minister's officer announcing the death of 74-year-old vivian silver. she was killed on kibbutz barry. her friends remember her as a peace activist. i have a statement from her good friend, a hostage negotiator. negotiated the release of el yad more than ten years ago. she said vivian silver was always a moral compass for everyone in the peace camp in israel and palestine. she beeved talking about peace was n enough. you have to live a lif of peace. she volunteered to drive cancer children from gaza to hospitals in israel for treatment. her murder is a great loss to her family as well as all israelis and palestinians who want to live together in peace. the israeli military also announcing the death of a 19-year-old soldier. she was working near the gaza border that day when she was taken hostage. hamas' military wing releasing a video of her saying her name, her parents' name, as well as describing the gaza bombardment. the israeli military new listing her on the names of those killed in action. they have postmousily promoted her to the position of private to corporal. >> thank you for that. new testimony in trump's civil fraud trial from a witness the new york attorney general tried to block. why the defense wanted him on the stand in 60 seconds. e wante the stand in 60 seconds. in new york where donald trump's trial is set to resume any minute, his defense team is set to fight a battle that's already been lost. today, they brought a real estate adviser to the stand even though the judge already ruled the company's methods were fraudulent. he was followed before lunch by a forensic accounting expert. at one point, chris kise claimed quote, everyone is running around saying fraud, fraud, fraud, and that hasn't been decided yet. i want to bring back vaughn hillyard with me here in new york along with catherine, former assistant d.a. and msnbc legal analyst. fraud, fraud, fraud, catherine. he says it hasn't been proved. i thought it was that the judge had made that determination already. >> he's partially right. so the judge decided that the trump organization repeatedly enganled in fraudulent activity in violation of the new york city executive law. what the judge hasn't decided yet is with intent to defraud, they falsified business records, financial statements, and they committed insurance fraud. so mr. kise is correct. there are still remaining courses of action that the attorney general has to prove the company, the defendants, intended to defraud. >> so tell us more about what's been happening inside the courtroom today. what's happening? >> this is the part where it's getting more weedsy. at one point, one of the witnesses was asked to leave the room when asked about the definition of fraud is. additional claims, too. what we have seen today is a real estate manager who has known donald trump and worked with him for years. he was first up on the stand. again, this is the defense calling up their witnesses and right now as we speak on the stand is jason flemings, an accounting expert, who they're really beginning to get into the details. again, that intent question. to what extent were donald trump, his children, and the executives working on finances at the company intending to defraud the banks and lenders. >> one of the things that the d.a. had argued to the judge was that this was unnecessary. it sounds like what you just explained to us, catherine, is the reason the judge decided no, sorry, he is going the take the stand. >> very necessary. i learned as a prosecutor, don't ask a judge if it's going to get you a conviction first. so the ag shouldn't have asked if he finds liability. so the judge will listen to them and he can't be accused of precluding expert testimony. >> vaughn, overnight, the former president reposted a message. this is very much in keeping with donald trump, but it was calling for a citizen's arrest of the judge and new york attorney general. did that come up today? >> it has not come up. lisa rubin, our producer, adam reece, they're in the courtroom and ears perked up because this repost came out just minutes before the courtroom came into session here. i think it needs to be understood that donald trump was reposting on his social media account an individual who explicitly said they would like to see quote james and the judge placed under citizen's arrest for blatant election interference and harassment. donald trump is not in lower manhattan here this week, but i think it's important to underscore the fact millions of people are following him on the social media account and right now, the gag order is presently against speaking about courtroom staff. not james and not the judge specifically. but this was a direct some would call a threat. >> i want you to expound on that if you can. the question i get a lot, catherine, i'm guessing you do, too. well, there's a gag order. how come he can post all this stuff. the answer is? >> well, the gag order in new york is only limited to the court staff. the gag order on the january 6th case has been stayed until next week. so there is no gag order. the same way he called for execution of general miley. he can do this. he has not been gagged. it's only about the judge's court staff. >> vaughn, catherine, it is hard for folks to keep track of which case is which and where the gag order applies and what it applies to so we're lucky to have you here. we've got the massive rally underway in d.c. as the congressional committee hears testimony about the latest surge in antisemiism and islamophobia. and the idf claims hamas held hostages under a gaza hospital. now, if that's true, could more strikes on civilians be on the way? 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(vo) make the switch. it's your business. it's your verizon. travis, did you know you can get this season's covid-19 shot when you get your flu shot? huh. two things at once. two things at once! ♪ two things at once. i'll have the... ...two things at once, please. now back to two things at once. ♪ two things at once. that's not two things at once. moooom! travis? ask about getting this season's covid-19 shot when getting your flu shot. today, a hearing on college campuses that comes after the department of education issued a notice to universities and says it is their legal obligation to fight an alarming rise of antisemitism and islamophobia. joining me now, ryan nobles is on the hill. valerie castro is at that d.c. mall rally. ryan, what happened at today's hearing? >> well, members of congress and the house education committee heard from a wide range of voices that are directly connected to what is really a v and pro palestinian have gotten into several conflicts in many different places. what the purpose of the hearing was to talk about this level of violence. how this can be somewhat controlled while at the same time, not enfringing on the first amendment rights. this is not an easy conversation. that's part of what we saw in the hearing today. whether or not there's a role they can play, the role of administrators to try and police their students that are involved in these confrontations, but at the end of the day, there are no clear answers as to how tot to point out that various college students have been here throughout the day. a lot of schools allowed students to take the day off to come and show their support. we spoke to some young people and they said the problem really is rhetoric on campuses and they don't feel like they're getting the support from universities but they are feeling the support here today. hakeem jeffries spoke today calling the antisemitism and hate speech a cancer. >> we also know many members of congress are expected at the rally. what have we heard? have any of them taken to the stage yet and how prominent of a role are they playing? someone's getting a big applause there. >> the program was delayed slightly. we heard from senator chuck schumer not long ago calling for everyone to never forget the evil of hamas. his other message was to bring the hostages home not to forget them and make sure they come home safely. house speaker mike johnson also spoke not long ago on the topic of calls for a cease fire. >> the calls for a cease fire are outrageous. >> it really got a lot of emotion from the crowd. beyond lawmakers, we're expected to hear from families of the hostages. that's anticipated to be a very powerful moment. >> thank you both so much. as we watch this rally in d.c., earlier today, my colleague, lester holt, spoke with 12 family members of hostages. here's a bit of that conversation. >> do all of you believe that this administration is doing everything it possibly can to bring home your loved ones? >> so let me say that on the first week that this happened, we all took part in a meeting with president biden. this was a zoom meeting. he was very imp efrp thetic. very present. he heard each and every one of the stories. his heart is there and he understands the graveness of the occasion and he assured us that his administration would do everything to resolve this and i personally believe him. he sounded very reassuring. >> at the end, talk is good. we want action. it's been 39 days. where's the action? where's the bottom line? >> i think what we're looking for is partnership. we feel the partnership of the u.s. government. we feel that support. we're looking for partnership from governments. from people. all around the world. this was act of widespread terrorism. >> and you can watch more of lester's exclusive interviews tonight on "nbc nightly news." the u.n. says there is now just one functioning hospital in northern gaza. the other major medical centers are either under heavy bombardment or run out of fuel. at al shifa, staff are caught between caring for the sick and burying the dead as fighting rages nearby. the hospital's director told nbc news they have been digging a mass grave to bury decomposing bodies because they have no way of getting them out. while thousan a six-minute video showing what it says is a hamas headquarters containing weapons under al rantisi. nbc news has no way to verify allegations. joining us now, retired four star general, barry mccaffery and msnbc military analyst on one hand. general, war is hell. there's a reason they say that. and there's the fog of war. but when you see what's happening, this new video that shows hamas under the hospital with a safe room for hostages, does that militarily justify what we're seeing? >> well, first of all, we got to remind ourselves this is a war between israel defending its sovereign interests after hundreds were slaughtered and the hamas terrorists network. it's not a u.s. war. we're standing with israel. the only democracy, the only capitalistic society, the only place where there's a rule of law. the israelis are trying to ensure the day after the war ends they won't be subject to repeated attacks of the 7 october nature. i do think the israelis are not targeting hospitals. fortunately, the overwhelming majority of palestinian civilians are now out of northern gaza. hamas is in desperate circumstances. and we can only hope that that results in a substantial number of infants, women, the elderly being released by hamas. >> i'm sure you heard president biden, general, saying it's his hope and expectation that will be what he called less intrusive action relative to hospitals and added yesterday, hospitals must be protective. if what the idf says is true about these facilities, that there are tunnels under hospitals, what other choice do they have strategically to get to them without killing civilians? >> i think there's zero possibility the idf will act of fire fight in these hospitals. it's not just patients there. it's tens of thousands of palestinian civilians who cluster around areas where they feel less at risk. hospitals, schools, u.n. designated areas. the real humanitarian crisis i think now, chris, is that in south gaza, there are literally over a million people and we need to see arab unity and egypt opening the rafah border to get mass humanitarian aid in to those refugees. i think that's a crux in the matter. what the idf is going to do, they're going the sit on the surface of north gaza until they have located and either recovered hostages or killed hamas operatives who are down in that tunnel network. that's going to take time. but i've been very surprised to be honest at the minimal idf casualties so far and the careful targeting they've used. an act of war in an urban area. this is a tragedy for the palestinian civilians brought on by hamas. >> we just were handed something that john kirby said. it was not on camera. but he did a gaggle aboard air force one and i'm going to read some of what he said. this is john kirby. i can confirm for you that we have information that hamas and the palestinian islamic jihad used some hospitals in the gaza strip including al shifa and tunnels underneath them to conceal and support their military operations and to hold hostages. hamas and the palestinian operate a command and control node from al shifa in gaza city. they have stored weapons there. they're prepared to respond to an israeli military operation against that facility. so that, the u.s. is very confident about the accusations that were made by the idf and i don't know if that speaks directly to that video, but what they're saying is the point that israel is making is true. >> but of course. hamas is fighting from a position of holding hostages in front of them. they're guarding themselves in palestinian civilians. they're running a very active information war to try and stress the tragedy, the undoubted tragedy that's engulfed the population. but we have to go back to 7 october. the hundreds of israelis murdered, raped, burned to death and the continuing holding of hostages from many nations. infants, women, old people, holocaust survivors. all this could be ended immediately if hamas released the hostages and basically allowed some pan arab international force to govern gaza until a decade can pass and perhaps there's a glimmer of hope for peace and a two state solution. >> there's one more comment john kirby made. he was asked about how the u.s. can be so sure. he said he did not want to give granular detail to check sources, but he said it was indeed u.s. intelligence. what is our level of intelligence, general, surrounding the war? >> i would assume it's pretty weak. we've been looking for tunnel technology to guard in south korea for decades. spent a lot of money on it. but i think ultimately, the best source of intelligence what's going inside of gaza comes from the israelis from both sides. from recruited agents. from monitoring with u.s. satellite systems or overhead drones from the israelis, the movement of people in and out of suspected tunnel locations. the israelis also have pretty good remotely piloted vehicles wire guided that can go down in these tunnels. but i don't think there's a chance at all of getting all 200 hostages back unless the idf dominates the surface for several weeks and uses rewards and intelligence to lure people to turn them in. i hope at the end of the day, that happens, but if there's an immediate release of 80 to 100, the most vulnerable hostages, that would be a triumph. >> yeah. you think about the family members that lester just sat down with. it's unfathomable to think about what their lives have been like for the last 79 days. prime minister netanyahu has vowed this is not an operation. this is not a round of fighting, but war to the end. so what does that look like, general? >> it's going to devastate the infrastructure of gaza. it's going to turn most of the population into refugees. hopefully if the egyptians open the border to allow them to escape the fighting completely. but at the end of the day, chris, the question is how can regional diplomacy, how can u.s. leadership lead to a new form of governance over the palestinians? both in the west bank and in gaza? without that, the idf cannot and will not ever leave an occupying, stopping an occupying force to protect themselves. so, we need to see some creative diplomacy. so far, the u.n.'s been a disaster. not in any way responding to the unprovoked, brutal attack by hamas on israel. but we need a diplomatic solution. the day after the fighting stops, that won't be for another month or year but i think in the short run, thank god the palestinian civilians are out of north gaza mostly and the idf is on the ground with targeted operations as opposed to aircraft bombs and we've just got to hope diplomacy can yield a better solution. >> general, it is always good to have you on the program. thank you. >> good to be on with you, chris. now to a glimmer of hope for some children with cancer in gaza, cut off from chemo therapy by the war. for weeks, they went without treatment before the white house and st. jude's hospital took action. andrea mitchell has this exclusive report. >> victory at last for 10-year-old jurisa, one of 21 palestinian children with cancer. safe in an egyptian hospital flashing a sign of vikt victory. the children with parents or guardians at the center of a mission. their joy tempered by reality. she said i would lie if i said i was optimistic and my family is still in gaza. i'm afraid for them and our house has been hit. tihadi came to egypt with 4-year-old omar for a chance to save his life. she says i have a feeling of any mother who is afraid for her son. i was afraid that his treatment would stop. it's been a treacherous journey, especially after israel warned the hospital and then attacked. the evacuation initiated by cancer advocates at the palestine children's rescue fund and st. jude's hospital with help from egypt, jordan, and the u.s. >> the president was closely involved in helping children get out of ukraine that needed cancer treatment. immediately upon hearing about this request, the president directed us to do whatever we could to help these civilians who were in very acute situations get out of gaza. >> this 2-year-old and her father left her mom and siblings behind. sadness mixed with relief. >> they start to smile for the first time and it is hard to feel secure. it's very relieving and we hope that we can do that for all the needed children in gaza. >> the children's hospital in gaza now closed, 31 children remain trapped in the war zone. some approved to get out, but displaced from their homes and hard to locate. >> andrea mitchell, thank you for that. what's foul play behind the california fire that shut down a major interstate? 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>> the climate crisis has been at the forefront of the biden administration's efforts really since the beginning of the administration. what we got today from the assessment was really a comprehensive look by the federal government at climate science and how it's playing out in the country. it's been developed over about four years. hundreds of authors took part in pulling this together. greenhouse gas emissions from the u.s. do continue tol and roarbon and low carbon energy options are becoming more affoab. at the same time, obly, greenhouse gas emissions from human activity are crsing. that was in the report as well. that means warmer temperatures, longer heat waves, heavier precipitation, droughts, floods, hurricanes. all those things becoming more frequent and more severe. and something needs to be done faster as the president indicated in his comments you played. at the, the president announced there's been a billion effort investment in helping us to be more resilient to the chang in climate that are happening now to strengt the agingctcal grids, reducehe flood risks in different communities. also sg conservation efforts. the president noted that 21 million acres and national parks had been a part of that effort. he said this is also money that's going to go toward advancing environmental justice for disadvantaged communities. this is on top of money that's already been invested in growing our energy options that are not related to fossil fuels. we're talking about wind and solar. i visited a solar farm in california that was being developed on federal land that was essentially donated for this particular use and so that's part of what the administration has done to try to expand the use of non fossil fuels in an effort to get to the president's goal of cutting carbon pollution in half by 2030. there's still a long way to go to get there. it's worth noting the united nations also put out a report on climate today and the secretary general of the u.n. said there's a chasm between the needs and actions happening around the world. noting that the united states and china are the biggest contributors to the emissions we're dealing with so they need to take the lead in trying to solve the climate problem. >> thank you. the fate of a former louisville police officer is now in the hands of a kentucky jury in the breonna taylor federal civil rights trial. that's next. taylor federal civiril ghts trial that's next. 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how is it different? so people understand because they may know the concept of double jeopardy. how can he be tried again. >> absolutely. the short answer is he can be tried again because he was brought on state charges. now he's been brought on federal charges. it really is basically that simple. the charges were different in state court. he was charged with endangerment. that's firing your gun so recklessly that hey, somebody could get hurt. the federal court is the same. he's being charged with using excessive force to seize the people in breonna taylor's apartment. but again, by using unlawful force. >> he argues he was relying on his training and trying to protect the lives of his fellow officer. what's the prosecution response to that? >> in this case, chris, that is a terrible argument because he was fired for his conduct specifically from using unlawful force. people can get fired in different ways. when his police chief fired him, he documented the reasons for firing him and he said that he made extreme violations to the policies. it was a shock to the conscious. even used words like alarmed and stunned about his conduct. so to say he's relying on his training directly contradicts with a chief of police was willing to put in writing and make part of the public record. >> under questioning from prosecutors, he testified he did not see a shooter when he fired through the window and door that he did not know exactly where the shooter was inside the apartment, but then he testified earlier he could see a shooter in the hallway before firing. how is that likely to be viewed by jurors? >> they don't like it when they change their testimony. having said that, this is a really tough case for them. basically, the argument here is what my grandmother used to say. a bullet has no name on it. you fire it dangerously, it can hit, hurt, kill anybody. at the same time, the jury's going to struggle because no one was hurt based on what he did that night. reckless and dangerous though it was. >> you say it's a complicated case. i'm guessing you don't think it's surprising there's been a full day of deliberations. we've only got 30 seconds left. >> not surprising. we have to remember police officers win almost all the time when they go to court. we've talked about recent cases, but the deck is still loaded in their favor when a jury's out there deliberating. >> we'll continue to follow it. always good to have you on the show, david. thank you. that's going to do it for us this hour. join us every weekday from 1:00 to 3:00. katy tur reports right after the break. 3:00. katy tur reports right after the break. but with prilosec otc just one pill a day blocks heartburn for a full 24 hours. for one and done heartburn relief, prilosec otc. one pill a day, 24 hours, zero heartburn. we come from people we can be proud of. seeing all the places i come from, i know. if it's a serrano, it's something to be proud of. give the gift of family heritage with ancestry. when you're ready to begin treatment for chronic lymphocytic leukemia, calquence helps you do the fighting. and you can do the exploring. you can do the splashing... ...the sightseeing... ...and the playing. calquence is an oral targeted therapy for cll. more patients begin with calquence than any treatment of its kind, and calquence is proven to work better than chemoimmunotherapy in patients with previously untreated cll. calquence may cause serious side effects, which may lead to death. these include serious infections with fever, chills, or flu-like symptoms; and bleeding problems that may increase with blood thinners. decreased blood counts are common and can be severe. new cancers have happened, including skin cancers. heart rhythm problems with fast or irregular heartbeat, dizziness, feeling faint, chest discomfort, or shortness of breath, have happened. tell your doctor if you have bleeding, heart rhythm, or liver problems; infection, or if you are or plan to be pregnant or breastfeeding. calquence helps you do the fighting. and you can focus on the things you're loving. ask your doctor if calquence is right for you. 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