i know that feeling. >> cats love, they just love differently. we have to go. "the lead" starts right now. welcome to "the lead," i'm jake tapper. a lot to get into ahead. for the very first time in american history, the daughter of a former president of the united states has been forced to testify as a witness in a case against her father, the former president. ivanka trump on the stand. testifying in the civil fraud trial against the trump family business. emails in court today show that ivanka once proposed that her father lower his net worth in order to get a loan. what might that mean for the case? that is coming up. and also ahead, a woman from new jersey who was trapped into gaza. she spent nearly a month trapped there with her three kids. the youngest just 2 months old. we've been telling her story ins is the tuesday after that horrible october 7th attack by hamas. they arrived back in the u.s. just two days ago. he's back in jersey and giving "the lead" the first inview after escaping from that hell. and also off the top, america sending a strong message and according to president biden, democracy won and maga lost, unquote. three big wins for democrats last night. in kentucky, in ohio, and in virginia. in two red states and a purple state. much different results than what new poll numbers show for president biden himself. if there is any one message that voters sent last night, it seems to be that they do not want politicians, whether politicians in columbus, ohio, or richmond, virginia, or frankfurt, kentucky, they do not want politicians making decisions for women at the doctor's office. in ohio, a state that donald trump carried twice, voters approved a ballot measure to protect abortion rights in their state constitution. continuing a winning trend for abortion rights advocates since the overturning of roe v. wade last year. abortion also a major issue in virginia. where republican governor glenn youngkin was trying to convince voters to give him full control of the government of the commonwealth. with promise of what he called reasonable abortion restrictions. a ban on the procedure after 15 weeks with some exceptions. youngkin invested a lot of time, effort and energy, money and personal capital. he got involved in the primary process. he took candidates to message bootcamp and all for not. instead democrats not only kept control of the state senator, they gained power, grabbing control of the state's house of delegates, quelling the momentum for any compelling argument for youngkin 2024. this afternoon, governor youngkin admitted he was disappointed. >> i think number one lesson is that virginia is really purple. and that goes into these -- these elections, we knew that they were going to be tough. abortion is potentially one of the most difficult topics in virginia and around the nation. and my hope is and continues to be that we could find a way to come together as virginians and lead. >> and in kentucky, democratic governor andy bashear won re-election after making protecting abortion rights a major issue in his campaign this year. defeated the state's attorney general, daniel cameron. a republican superstar, and endorsed by donald trump and republicans spent much of their efforts to trying to nationalize the race trying bashear to president biden which bashear thinks ultimately backfired. >> well my opponent certainly tried to make this race about joe biden. and it didn't work. these races specially governor's races, are so state centered and specific, because your job is to get things done. >> just one observation. the party that wins the governor's mansion in kentucky, has gone on to win the white house, the following year. that is five election cycles in a row. will this make six in a row? i don't know. despite these victories for democrats, there were also some serious warning signs for the leader of the democratic party. a cnn poll released finds donald trump leads president biden 49% to 45% in a head-to-head match-up. we're still a year away. let's break all of this done with john king at the magic wall. walk us through how we could square these bad polls for biden with this really impressively strong night for democrats. >> it is a giant debate. did the candidates or andy bashear or the house of delegates, did those democrats win despite biden, because the voters are with them but not with the president or as the white house argues when the president is on the ballot like andy bashear was yesterday and the constitutional amendment was yesterday, if you look at the polling, the president is in danger of losing all of these states he flipped. he flipped these five. hillary clinton won nevada. if you look closely at the polling and deep into it, the vulnerability with his own coalition, disappointment about the economy and questions about whether he's too old and does he have the vitality to be president. the polling tells you we have the possibility to have this again. like 2016. where donald trump wins the electoral college and whether or not he wins the popular vote. that is what the state polls show. you're right. that is a great question. how do you square that with what we saw last night? you saw a democratic governor in a very red state look at all of this blue, significantly the suburbs, around louisville and frankfort and lexington, andy bashear outperformed donald trump in the state of kentucky. not in the percentage wise. when jooib is on the ballot, he could draw the contrast just like he about with daniel cameron. that is what we'll see. >> and you've been traveling around the country and speaking to voters. our new cnn poll showing biden is losing support among black voters. what do you hear when you're out on the campaign trail. >> we went here. see that red. donald trump beat hillary clinton by 20,000 votes and the democrats need to turn out black voters. then enthusiasm problem, it is not all about him. by listen to joanna brooks in glendale, she's voted democrat all of her life and she said maybe i should rethink that. >> black people tend to be perfe per perfect -- pretty loyal to the democratic party and i wonder just based on how that party has performed thus far for people of color if we should continue to be. >> that is not all just about biden. but that is sort of disappointment that goes back years for her. listen to angela lang. she runs a black leaders organizing communities and she said on the issues that joe biden has made promises and he hasn't delivering. >> people are wondering what is he doing in police accountability and justice reform. i am concerned that democrats don't have a solid enough question to push back on the tough on crime messages and end up stepping into the pitfalls and saying things that aren't helpful. >> and so it gets us back to the conversation we were just having. she thinks maybe black voters should move away from the democratic, but not next year. she's with the democrats next year and it is a longer conversation. and that is backing up the white house. and angela said she's worried about turning black people out and he better explain why he didn't pass these laws. >> so what did republican president app hopefuls take away. has it changed their strategies going into tonight's third republican debate. jeff zeleny is at the debate site in miami. and what are you hearing from the republican candidates as they prepare to take the stage? >> reporter: well, jake, we're hearing a lot about what happened last night. this debate is unlike the other two we've seen. one, it has only five candidates will be on stage. so each will have more time to make their arguments and they'll have more time to go after the former president as well. i'm told by all of the campaigns that they are going to try and do both. try to distinguish themselves from one another and point out key differences from the former president, the trump era. the results largely show in most of the candidates' views that had that's been bad for the republican party. we saw it in 2020 as well. look on abortion. that is one key dividing issue. tonight nikki haley, the former south carolina governor, she's been calling for a consensus on this issue. a big difference between what she's been doing and what florida governor ron desantis does here in florida. he signed a six week abortion ban into law. so look for that to be dissected tonight under the lens and the back drop of what happened last night in these key races. also foreign policy. this is the first debate that has been taken place in the context of the middle east war. many differences on that front as well. jake, the bottom line is time is running out for the candidates to make their move, make their mark. many of them are hoping to do it here tonight. jake. >> jeff zeleny in miami. thank you so much. coming up next, donald trump's daughter ivanka trump in court today. her testimony in the civil fraud case against her dad and the family business. plus, the current president's son, a new subpoena today for hunter biden. what is thatat about? that is comiming up. in our law and justice lead, ivanka trump, donald trump's daughter, is still on the stand right now testifying in the new york civil fraud trial against her father, her brothers and the family business. cnn's kara scannell is outside of the courthouse in manhattan. we know she's not a defendant in this case. she was required to testify as a witness. she's being cross-examined by trump defense attorneys. so what did new york attorneys press her on earlier today? >> reporter: well, jake, that is right. she's no longer a defendant in this case and she lost her effort to block her subpoena to be here today and so now she's on the stand all day long and the state attorneys have been pressing about her involvement in a number of deals. the deals that got loans from deutsche bank and they include the doral golf course in florida and the post office office in d.c. she was asked about this apartment that she has in manhattan. a penthouse apartment that s of $8.5 million. on her father's financial statements, it was listed at 2 and half times that and she said she didn't know what went into the calculation and what didn't. but as it relates to the loans at center of this, we saw documents of her involvement in the emails involving her and she acknowledge the that she was involved in that. but she also said it was at a very high level. she wasn't involved at the granule nitty-gritty details of it. so again trying to distance herself just as her brothers donald trump jr. and eric trump did when they testified last week in this case. cross-examination got underway and they were having her talk about the relationships with deutsche bank and under cross she was having more leeway to explain that the bank was excited to do business with them, that the co-chair of the bank came and met with her and her father at trump tower to discuss future deals so they're trying to counterbalance the narrative that the banks were the victims in the case. and that is their defense, the banks were not victims. so this is the first time to have a witness who is able to provide some of the defense that they have wanted to come out through this case. now she is still on the stand, court wraps at 4:30. it is unclear if she'll be back tomorrow. but a lot of this focus today on these deals, the doral golf course and the old post office building which she was very much involved in. >> thank you so much. also in our justice lead today, house republicans issued subpoenas for president biden's son hunter as well as the president's brother james calling for them to testify before the house oversight committee. this is part of the impeachment inquiry into president biden. let's get right so melanie zanona on capitol hill. are they expected to cooperate and when are they supposed to testify? >> reporter: well, this could become a showdown. the two sides will have to negotiate the terms of their cooperation. but hunter's lawyer did give us a statement and said that hunter biden would be willing to cooperate in a public forum and at the right time. though they did dismiss this this inquiry as a political stunt. now in terms of the specifics, two subpoenas went out to hunter and james to sit for depositions in december. a subpoena went out to rob walker, a business associate and republicans requested voluntary interviews from a slew of other business associates and this comes as republicans are trying to wrap up their inquiry into joe biden. they've been focused on bank records from family members trying to prove a link between the president and his son's foreign business deals. but they have not yet proven that the president directly profited off his son's business deals something that the white house and democrats have pointed out. so it is unclear what these interviews will bring. there is certainly a lot of pressure on republicans to deliver in this final stage. especially because moderate republicans are still not yet sold on the idea of impeachment. but no less, this is a big deal. these are the first subpoenas that have been sent to members of the biden family and no doubt it marks a huge escalation in their probe. >> so while they're focusing on this, next week the u.s. government is going to run out of money. so this sets up another spending showdown. this is going to be the first big test for the new house speaker mike johnson. do you have any idea what speaker johnson's strategy here. >> i don't know that johnson knows his strategy yet. he's not tipping his hand. he has promised to reveal a plan in the next 24 to 48 hours but there are multiple options being debated. one is a clean stop-gap bill until mid-january. leaves out critical aid for israel and ukraine and border and taiwan which is what the white house has requested. and the other option is this more complicated which is a two tiered stopgap spending bill where some agencies would expire in december or later in the year. this is an approach favored by the house freedom caucus. so johnson has shown he's paying a lot of attention to members and then the least likely option at this point and government funding set to expire next week. we'll see what plan they came up with. >> thank you so much. republicans in the house and the senate are faced with a dilemma. could the debate over aid for israel pose a national security risk for the american people? i'm going to ask the chairman of the house intelligence committee next. c'mon, we're right there. c'mon baby. it's the only we need. go, go, go, go! ah! touchdown baby! -touchdown! are your neighbors watching the same game? yeah, my 5g home internet delays the game a bit. but you get used to it. try these. they're noise cancelling earmuffs. i stole them from an airport. it's always something with you, man. great! solid! -greek salad? exactly! don't delay the game with verizon or t-mobile 5g home internet. catch it on the xfinity 10g network. moments ago, ivanka trump left a new york courtroom. there you see here walking out of the courtroom. she had been testifying in the civil fraud trial against the trump family business. ivanka is not a defendant in the case. she was required to testify as a witness. former president trump testified earlier in the week. the trial is expected to wrap up in mid-december. in the politics lead, it has been more than a month since hamas's brutal attack on israel. where more than 1300 israelis mostly, mostly civilians were killed in unmanageable ways and the united states congress still has not passed an aid package for israel. one of america's closest allies as lawmakers are sparring over whether aid for ukraine should be in the package. listen to chuck schumer this morning. >> republicans must shun doing what hard right republicans want them to do. take issues on their own have strong bipartisan support and inject them with toxic provisions that make it impossible to get anything done. that is what happened last week with the house israel bill. >> joining us now to discuss, republican congressman mime turner of ohio who is chairman of the house collect select committee on intelligence. you've been raising the alarm about a heighten terror threat in the united states. do you think this squabbling over the bill, the in fighting and sending aid to ukraine and israel, do you think that makes america look weaker before the world. >> those are just substantive debates that are occurring about how we're going to fund what was a large national security project or bill that came from the white house. that included funding for the border, funding for our interest in asia and ukraine and israel itself. so i think now we come up to the deadline of funding government and possible government shutdown. i think this is just part of the normal discourse. we will get this done. it will get across the line and chuck schumer and then may or may not be happy but this bill will get done. >> the hamas ministry of health in gaza said more than 10,000 people have been killed in gaza. whether or not you buy those numbers and i know president biden does not, i think we could all agree thousands of innocent people have been killed. too many people have been killed. here is one civilian rights expert putting it to "the washington post." the jabbalia strike shows that israel must have a tolerance for civilian casualties which is orders of magnitude greater than the u.s. air force in the war against isis, unquote. do you think israel could and should be doing more to limit civilian casualties? >> i think our debates have been clear that civilian lives in gaza are very important. palestinian lives should be protected. what we have here is a hamas itself holding the palestinians in gaza hostage and they have been for several years. they're as much of a victim as israel is. and to dismantle hamas and take out the leadership, it is a difficult process of fighting hamas in and among palestinians in gaza. but certainly they have been strongly encouraged and cautioned by the united states with respect to civilian casualties. >> you're the chairman of the house intelligence committee, you see the intelligence. are you convinced that israel is trying to limit civilian casualties or not? >> well we just had a classified briefing this week and we all walked away with the impression in a certainly israel is attempting to do that. but the united states is still not pleased that things are not up to the standards that we would expect or hope and we're continuing to pressure israel about that. and i think that is a discourse that is incredibly important. these are people's lives that need to be protected. >> so they're trying but not hard enough is basically what you're saying? >> well i think there is a gap between what the united states standards would be and what we expect and what we're seeing on the ground. and i think israel and the united states are continuing to be in discussions about that. and from the briefings we've received, that discussions are being fruitful and they're certainly being taken seriously. >> you represent part of ohio. so i wan to ask the big news from last night. ohioans voted to put the right to abortion in ohio's constitution. were you surprised at the results and do you think the party is just out of touch on this issue from what the american people want? >> well i think what happened and when you take a constitutional provision like this and write it into a state's constitution, it is unfortunate because it is being written by people outside of the state. they have different rules and objectives and many of them have values that don't even represent the people who are voting to pass it. and think this is a very difficult and debate that we're having across the country. to try to find that spot where people feel comfortable. this is one that does g