good to be back with you in this second hour of "chris jansing reports." ahead, the high intensity at times down right contentious hearing testing the limits of the first amendment, as a lawyer for donald trump fights a gag order in the federal election case. will trump's rhetoric win out or the risk to witnesses? we've got clues from inside the courtroom. developing overseas, israel releases footage it says shows hostages and a hamas tunnel at the hospital that's become a symbol of the war itself. and what we're learning about heavy fighting happening at another hospital in gaza. the 44,000 hours of footage from the january 6th attack being made public as one republican senator pushes yet another conspiracy theory about that day. we've got a fact check. and he's been dubbed the oppenheimer of our age. the truly wild shakeup involving the ai guru, who compares the scale of his work to the manhattan project. our nbc news reporters are following all of the latest developments. we begin with nbc's ken dilanian who's following the fight over a gag order for donald trump. talk about the heart of the two arguments, and do we have any idea when we might hear from the judges. >> this is about a clash of fundamental american values. the right of a presidential candidate to engage in free speech, and the right of a judge to prevent a criminal defendant from engaging in essentially jury tampering or witness tampering, and the question really is when do donald trump's attacks on the prosecutor and the witnesses in this case and the entire system of justice, when is that political speech, and when does it cross the line into something that a judge can prohibit with a gag order? there's an interesting exchange between former president trump's attorney and one of the judges that really illustrates what we're talking about here. take a listen. >> the phrase i believe the fifth circuit used in brown is absolute freedom. >> there is no balance. >> criminal speech obviously is a subject to restrictions but core political speech that's part of campaign speech -- >> i think that kind of labeling it core political speech begs the question of whether it is, in fact, political speech or whether it is political speech aimed at derailing or corrupting the criminal justice process. you can't simply label it that and conclude your balancing tests that way. >> what trump's lawyer was suggesting there, chris, is that only criminal threats would be the kind of thing that could be banned by a gag order. it did not appear that the three judges agreed with that, and a fair reading of what happened today is they appear poised to reinstate this gag order, though they may limit it further and tinker with some of the language. they did express concerns about the first amendment implications, and they should rule any day now or in the coming weeks. chris. ken dilanian, thank you, overseas, the idf is releasing footage claiming to shows a tunnel inside gaza's al shifa hospital. raf sanchez is reporting from tel aviv. nbc news cannot independently verify the video or that it shows what idf claims. what do we know about the situation at the hospital, and importantly, the negotiations we keep hearing about to feed the hostages? >> reporter: so, chris, starting at al shifa hospital, the israeli military over the weekend releasing what it says is cctv footage, showing two hostages being brought to the hospital in the hours after the attack on october 7th began. israel is pointing to this saying this is further evidence, hamas militants were using the largest hospital as an operational center. hamas is saying this is just proof that they were trying to care for the well being of the hostages, that they were trying to get them treated at this medical facility. they don't have a great answer right now to this footage that israel is releasing of what the idf says is a tunnel run by hamas, underneath the al shifa hospital. they say it is 10 meters deep, 55 meters long, and at the end of the 55 meters is a glass door with a firing hole. the israeli military hasn't gone beyond that door yet, but they say they expect it leads to other parts of this vast hamas tunnel network. now, chris, at a separate hospital in northern gaza, the indonesian hospital, israeli forces have surrounded this facility. the palestinian ministry of information says 12 patients have been killed inside of this hospital by israeli fire over the last 24 hours. this is all the way up in the north of the gaza strip. there are still patients. there are still tis placed people there. the israeli military is saying they returned fire after they were shot at from inside of the hospital, but they are denying that they shelled it. now, chris, here in israel, families of the hostages are daring to hope after president biden said a little while earlier that he believes israel and hamas are closing in on a deal to free their loved ones. we spoke a little earlier to yoni asher, his two young daughters, his wife and his mother-in-law are all being held hostage inside of gaza. he has had no information about any of them for 45 days, and i want you to take a listen to a little bit of our conversation. >> are you allowing yourself to be hopeful? >> i have to. this family has no other member but me. i am the father. if i would not be their voice, nobody will. so i have to. i have only one choice. when you have multiple choice, life is hard, but when you have only one choice, life is easy, so this is my only choice. >> referee: and, chris, prime minister benjamin netanyahu is actually meeting as we speak with the families of the hostages at the defense ministry here in tel aviv. sources telling nbc news, it does appear the two sides are getting closer to a deal, but cautioning that nothing is agreed until everything is agreed, chris. >> raf sanchez, thank you. let's go to capitol hill where a republican senator is facing criticism for pushing a january 6th conspiracy, just as new footage of the attack is made public. nbc's ryan reilly has the latest on the reporting. what is happening there? >> so essentially this all starts with one of the videos that was released under the speaker's order last week. one of the videos shows an individual walking out of the capitol as this riot is happening, and sort of quickly flashes his hands, and something is in his hands and some social media users took that and jumped to, oh, that's obviously a badge that's individually showing. oh, this is a fake who is doing this. this is an undercover officer, they suggested, posing as a maga supporter. it's someone named kevin lions. i knew that because i covered him in my bok and covered his sentencing hearing over the summer. he described himself as an iddon -- idiot. senator mike lee said he wanted to ask the fbi director about this conspiracy theory that he had just saw sort of pop up on x, and when i went to senator mike lee's office to ask more questions, they responded with a statement that didn't get to the heart of the issue, and so mike lee hasn't walked away from this yet, but raised yet another conspiracy theory that had been caught up in these videos from the very beginning. it comes at a time when far right blogs like the gateway pundit have been walking away from the conspiracy theory. but senator mike lee has not retracted it yet. >> ryan reilly, thank you for that fact check, much appreciated. the fired head of ai has been hired by microsoft in a move that's sent shock waves through the industry. this is wild. every seems like couple of hours something crazier comes out of this. what's going on? >> yeah, this story is changing hour by hour, chris. we know that on friday afternoon, the nonprofit board of open ai fired sam altman, the public face of generative ai, and the cofounder who helped create chatgpt. he was fired for reasons we don't understand. the board said it was back of a lack of open communication. we don't know specifically how or why he was fired. then over the weekend, various negotiations took place to try to bring him back as ceo, something that people inside the company were angling for, and then midnight, past midnight san francisco time last night, it was announced that he, in fact, is going to start a new job at microsoft, running an advanced research lab. at this hour, chris, more than 650 employees of open ai have signed an open letter calling for all of those board members who fired altman to resign, and to bring altman back. he has this new job. the big winner, chris, and i think this is really important which is microsoft, which had poured more than $13 billion into its partnership with open ai, was incredibly excited about the potential of just being shoulder to shoulder with them. suddenly, satya nadella, the ceo of microsoft gets to call sam altman, and the former chairman of the board and gets it essentially for nothing. it puts microsoft into the running alongside alphabet, meta, and other players in ai. suddenly he has his own lab run by the top people of ai and looks as if the internal people inside ai are threatening to join microsoft to do that. and, again here, chris, we don't know why he was initially fired. whatever it was, microsoft doesn't seem to be concerned about it. sam altman, the face of ai works for microsoft. this is changing hour by hour. we'll stay on it for you. >> keep us posted thank you. the gag order hearing, and whether they can be used to make his case. we're back in 60 seconds. can't stop adding stuff to your cart? 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>> well, for one thing, imminent is in the eye of the beholder. given trump's history in this area and attacks on people like paul pelosi, you can say there's an imminent danger every time he engages in this sort of conduct, but, no, chris, the short answer is that's not the standard that the court is required to tow the line to here, and what happens in cases like this where the first amendment is implicated is that it's inherently an exercise in drawing lines. the judges will want to stay far back from the line that means any chance in infringing on trump's right to engage in political speech. that doesn't mean entitled to unfettered criticism of prosecutor. >> we want to go to the specifics about the nature of the threats that they were talking about. here's the defense that's followed by the prosecution. here are the arguments. >> the only threat they talk about in the brief is the shry decision. i strongly invite the court -- >> and a death threat to the district court judge in this case. >> right. that is the august 5th telephone call. southern district of texas -- >> the day after he said, if you come after me, i'm coming after you, that threat issued. >> i strongly encourage the court to pull both the probably cause statement and the detention order from that case where there's evidence that that particular threatener, there's no evidence of reading of social media. that particular threatener is unemployed, mentally unstable, heavy alcoholic who sits drinking all day, never leaves the department. watches the news on tv, gets angry about it, and makes angry threatening calls. >> numerous people have been targeted as a result of the defense's posts. i think there are 16 people documented in the record, eight of them are from the 2020, 2021 paid, which i believe judge garcia, as you noted is hardly some tangential time period to this case. this is exactly the core of what this case is abdomen, this -- about, the period after the election. we talked about the threat to judge chutkan, threats to the district attorney in new york, threats to the sheriff in fulton county. threats to the former president. these are all from the last weeks. so the notion that there was some dynamic that existed in 2020 that has since abated or gone stale i think is wrong. >> so the defense seems to be saying this is just somebody sitting on the couch making phone calls. the prosecution says, look, we have a ton of instances of people being targeted. so how do the judges from a legal standpoint determine what justifies a gag order in this extraordinary case unlike anything we have ever seen. >> right. the problem for trump's lawyers here is that their argument proves a little bit too much. it proves that there are people at the fringes who are motivated, let's say, by trump's comments, whether they read them on social media or whether they filter out into society. so the panel judges when they look at this based on the record, and appellate judges, by the way, don't consider anything that's out there in the news or the universe. they're constrained by what appears in front of them in the record what the parties have argued in the trial court below. that record reflects a number of instances where trump's words animated people to engage in violence or in the threat of violence. that's the record this panel has in front of them, and that does justify some form of restriction on trump's speech in the interests of public safety. >> joyce vance, always good to see you, my friend, thank you. coming up, why a huge number of young voters are breaking from president biden as he marks his 81st birthday. that's next. insiders are concerned that president biden's chances for reelection could be damaged by his unwavering support for israel but i think the bigger problem for biden is that he's 6 years older than israel. l. -dad, what's with your toenail? 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ask your rheumatologist for rinvoq. and take back what's yours. abbvie could help you save. in order for small businesses to thrive, and ta they need to beours. smart, efficient, savvy. making the most of every opportunity. that's why comcast business is introducing the small business bonus. for a limited time you can get up to a $1000 prepaid card with qualifying internet. yep, $1000. so switch to business internet from the company with the largest fastest reliable network and that powers more businesses than anyone else. learn how you can get $1000 back for your business today. comcast business. powering possibilities. let's than two months into the israel-hamas war, a brand new nbc news poll shows it's having a dramatic impact on president biden's standing with voters, particularly young voters. a strong majority, 70% of 18 to 34-year-olds say they disapprove of biden's response to the conflict. nbc national political correspondent steve kornacki is at the big board. also joining us, robert gibbs, former white house press secretary under president obama and an msnbc political analyst. how much impact does the polling show the war is having on biden, and what are the other issues dragging his approval down? >> there are a bunch of issues we have seen all year that have brought his approval rating down. 40% is his approval rating. lowest we have measured of his presidency. in this particular poll, our last one in september, just a couple of weeks before the events of october 7th, before the israel, hamas war, the biggest single issue in the poll that seems to be affecting biden is that war between israel and hamas. take a look at at this way, overall it is 44-46 trump. we have polled this 16 times, biden versus trump. this is the first time in all of those 16 times that trump has led in our poll. you ask about the ingredients that go into that, looking at the issue of the israel-hamas war, do you approve or disapprove of how biden is handling it. a third of voters say they approve of how biden is handling this war. check this out, the gap, the generation gap on this question is massive, enormous, i can't come up with a word big enough for it. i'll show you, among the oldest voters, 65 plus. 53% of the majority approval of the handling. 41% disapprove. he's in pretty good shape on the this question, plus 12 among seniors. the youngest voters, 18 to 24, as you mentioned, 20 approve. 70 disapprove. that's a 62 point net swing on this question between the youngest voters and the oldest voters of how biden is handling the israel-hamas war. it's interesting, you take a look here, when we polled just, i would look at the 18 to 34-year-olds in the poll. we have trump actually ahead by 4 points right now. a little bit of a margin of error here as a sub sample of the entire poll. there have been a number of other reputable polls over the last month or so that have shown a similar result to this. and i think part of the ingredient might be this. when you look closely at those voters, 18 to 34, you ask them, is the vote you're casting more, for the trump supporters, more for trump or against biden. 42% say it's against biden. on the other side, 12% of biden's young supporters say, yeah, i want to vote for joe biden. nearly 90% say it's basically just a vote against trump. so there's more positive energy, positive enthusiasm among younger voters in this poll, at least, when it comes to the trump side than it does the biden side. >> steve kornacki, fascinating stuff, thank you. one of the pollsters who did this said he can't remember when a conflict that doesn't involve u.s. troops transformed the landscape that this has. is it a policy problem, a messaging problem? how do you see this? >> well, i do look first of all, it's a very complicated problem from a foreign policy perspective, and i think that's probably challenging how the president communicating about this. it doesn't necessarily translate into the messaging people are seeing. the president has had a different tone with the israelis than he has had in public. i think what's probably going to have to happen is this president and white house are going to have to over communicate on the nuances in this issue, that he can be for supporting israel and destroying hamas, but also for helping innocent palestinians making sure they get away from the battle. >> robert, isn't that what they have been trying to do? that sounds like what they're trying to do now, and it doesn't seem to be working. >> they're going to have to double down on it and do more of it. they're going to have to find ways in which you give an interview where you talk much more extensively about that. i think, you know, look at the press conference that was had last week with president xi. i think, again, it's a good opportunity to spend time talking about the issues in a way the president just didn't. >> there's little doubt on the messaging front, right, that young voters are heavily influenced by what they read on social media, what they see on social media, and there are multiple headlines pointing to the role of tiktok in spreading disaffection among young people related to the war and the economy, and as part of that, the challenge of a cost of living. what is the challenge of reaching out to younger voters who are getting the majority of their news from social media sites, not always with, let's say, the whole truth, and nothing but the truth. >> well, chris, i think what you talk about is exactly what a campaign is going to have to do for president biden to win reelection. right? and the reason why you've heard a lot the last few weeks of how polls are predictive, we have 50 or so weeks before a general election is going to be had, and the campaign and the interplay of these issues, putting those choices in front of younger voters is going to make a big difference. right now in a poll like this, in a vacuum, they're being asked a little bit about where they are with president biden, where are they with the economy, and the white house and the campaign are going to have to force that choice. there's no doubt that a lot of young voters have getting their information, whether it was first from a place like twitter, and now a place like tiktok, this campaign is going to, and they have been, actively engaged in the content war of making sure people see as much as they can about what president biden is doing, about what the administration is doing, how that will improve their lives. all of these things are going to have to be waged in a significant way as part of a campaign. i think many people, myself included, we want to see that campaign step up in its intensity, and in that content, and understand that the battle is sort of joined in this. it's not something where you're going to wait until the spring or wait until may or after a convention, that campaign's got to start in earnest right now. >> robert gibbs, always good to see you. thank you. still ahead, airports are now preparing for what's expecting to be a massive record-breaking holiday travel week. we're live at dallas's love-field airport. plus, breaking news, a major new blow to the voting rights act in federal court. the details coming up. the details congmi up. 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( ♪♪ ) welcome to big tobacco's fantasyland. the industry's idea of a healthier tomorrow. where vapes are deemed safer. nevermind that they'll increase your risk of lung cancer. and they're anti-aging. because you're more likely to die younger from a stroke. in big tobacco's fantasyland, the deadliest industry can rebrand itself as your friend. we have breaking news, and a ruling that could decimate the landmark voting rights act. a panel of federal appeals court judges has ruled that only the federal government, not citizens, not groups, can sue under a key part of the voting rights act which effectively guts that legislation in seven states. joyce vance is back with us. that word decimate comes from ucla election law expert who was jayne tim who wrote this story for us talked to. is it that serious? >> it is extremely serious but the first thing we should say, chris, is that this will now be appealed to the supreme court of the united states. although this is the law in the 8th circuit, the impact is in the future because what this in essence does is says during a republican administration in the future where the justice department might not be inclined to bring challenges under section 2, no one else could do it. that means the cases we have seen since the 2020 census that have challenged racially motivated gerrymanders unless the supreme court acts to reverse the decision. >> talk about what the argument will be to reverse this, and do you think it's likely it will be overturned? >> you know, if the supreme court follows existing law, it should be. in the 2011 decision in shelby county v. holder, chief justice roberts wrote one of the reasons to not fear decisions that would make section 5 less active was that section 2 did contain a private right of action. the law has been interpreted that way. this is a challenge that has been mounted in an effort to erode what remains of the voting rights act. the court should i think affirm this private right of action and salvage what's left of the voting rights act. it remains to be seen. >> joyce vance, thank you so much for coming on with that breaking news. the i-10 freeway in los angeles is up and running after an arson fire closed a section of the highway used by 300,000 people every day. initial estimates put the repair time line at five weeks but the speedy fix was done in just about eight days. some ramps around the area are still closed but on the freeway itself, traffic is now flowing freely in both directions. california's department of fire is asking for help identifying a person of interest in the arson, tweeting a photo of someone they say was in the area. a looming story is putting airlines at risk. starting tomorrow, the national weather service warns the value u.s. and et coast could see severe thunderstorms with heavy rain, potentially even some snow. the dangerous conditions coming as airports expect record breaking travel, with the tsa screening 30 million travelers across the country. morgan chesky, dare i ask, how tricky might it be getting to graham's house for turkey this year? >> it depends on how you're getting to grandma's house, and when you plan to long beach. so many people have flexible work schedules, it's allowed people to leave earlier than prior eyeeen surges of travelers come and go. the busiest day they're expecting, chris, is going to be wednesda a that's when they expect 44,000 people to pass through here. that's about quadruple what they woaven a typical weekday these are going to be the big days ahead. tuesday, wednesday, preparations to compete with travelers on the air and on the road. sunday, going to have 3 million people flying home after the turkey day there. you want to sign up for any notification, via text or e-mail for your specific flight. that severe weather could impact flights. only to find out your flight has been impacted by some of the thunderstorms or even potential tornadoes and heavy rains. in the meantime, with the tsa expecting so many people, they're reminding everyone what to put in your carry on, and what to put in your checked bag. they say if you can spray it or spread it, that goes in the checked bag, but a reminder to everyone here, if you do come upon a good deal on a turkey, frozen or not. you can carry that on, along with all of your favorite sides. so keep that in mind as these busy days are ahead of us, and hopefully plan that extra time to alleviate stress. >> if you can spray it or spread it, i like that. morgan chesky, thank you for that little tip. appreciate it. well, israel may now be entering the toughest phase of the six-week long war with gaza as a white house official refuses to say if israel's violates international law mounting an alleged attack on a u.n. run school in gaza. a military expert will join me next. n me next fizz when you throw them back. and who doesn't love a good throwback? 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>> what i can say is it is not our position, certainly my position as a policy maker to play realtime judge and jury on the question of any particular incident. when we see things that concern us, we raise them. we have done that. >> i want to bring in lieutenant general steph twitty, former deputy commander of u.s./european command and an msnbc military analyst. complicated issue. nevertheless, it was a very direct question. what do you make of that response? >> i make of the response, and, chris, thanks for inviting me to your show. i make the response of he doesn't know to be quite honest with you, and i don't think i know. here's what i know, chris, if hamas uses things such as hospitals, schools, ambulances, has a base for operations, then the israelis have every right to go in and attack those facilities. how they attack them should be the issue here. proportionality. so if hamas uses the al shifa hotel, should they bomb it or should they go at the precision strike to make sure they minimize casualties, to make sure that we can get the babies out and down south. to make sure that we can keep the routes open for noncombatants to move. i think that's the overall issue at hand, and the way i see this, i think it comes down to portionalty in which i see the israelis are losing that fight. >> the babies were moved to egypt. having said that, that image of those children side by side out of their incubators is seared in a lot of people's minds. and nowhere in gaza is safe, two schools sheltering hundreds of people were hit within 24 hours, and this is not the first time their facilities have taken a hit. a majority of them, they say, is in southern gaza which is exactly where israel has been telling palestinians to flee. i wonder if israel's shift south marks not just a new but more difficult phase of the war since idf believes many hamas leaders and fighters are in the middle of those heavily populated areas. >> i do believe they will have to shift south. if you remember, their stated goal is to destroy hamas. so they must go wherever hamas is located. and they have intelligence that hamas fighters have moved down south. so they have to follow and destroy the hamas fighting elements that have moved down south. of course, as you know, that is already a dense area of about 1.3 million people that have moved down south. so this is going to be problematic for the israelis as they attack down south now. but as i stated, hamas, actually israel would have to continue to fight wherever hamas is located, given that they intend to destroy. >> lieutenant general steph twitty, thank you, always good to have you on the program. to have you on the program. let's take it my frequent heartburn had me taking antacid after antacid all day long 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. [sneeze] dude you coming? because the only thing dripping should be your style. plop plop fizz fizz with alka-seltzer plus cold & flu relief. also try for fizzy fast cough relief. today, a second chance for two turkeys to ride the gravy train to freedom. the birds named liberty and bell were the guests of honor as president biden kept with a decade's old tradition of pardoning the turkeys, and ticking off the holiday season. >> i hereby pardon liberty and bell. all right. congratulations, birds. >> nbc's gabe gutierrez is reporting from the white house. the president certainly took his time to roast these turkeys but only metaphorically. i can see from the look on your face you're not buying that one. >> i was brushing up on my turkey puns, and my, you know, turkey jokes all day waiting for this report on your show. i'm going to refrain from it. you as a former white house correspondent knows that the turkey pardon day, beautiful day, right behind me, you can see there's a crowd that's gathered, welcoming the christmas tree. the first lady getting set to receive it. 18 1/2 foot tree from north carolina, getting ready to be received at the white house. chris, back to the turkeys, really, that was the highlight of the day. they, you know, spent the night in luxurious accommodations at the willard hotel. i think we have a picture of that. that is liberty and bell. you know, they're hefty birds, liberty, i believe, 42 1/2 pounds. the president pardoned them. this is a tradition that goes back decades. the first official pardon was in 1989, george h.w. bush. president truman got the first turkey from the turkey federation of america. president biden, he was cracking jokes all morning. this is a big day for him, his 81st birthday. he also joked about that. take a listen. >> i just want you to know it's difficult turning 60. difficult. the national turkey presentation marks the unofficial start of the holiday season where here in washington, a time to share joy and gratitude and have a little bit of fun. this is the 76th anniversary of this event. and i want you to know i wasn't there on the first one. i was too young to make it up. >> as you can hear, chris, the audience gobbled it up. happy thanksgiving. >> happy thanksgiving, gabe. that's going to do it for us. "katy tur reports" starts right now. good to be with you, i'm katy tur, for the first time today, we the public got to listen in on donald trump's elon
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