[ cheers ] yeah! woho! running up and down that field looks tough. it's a pitch. get way more into what you're into when you stream on the xfinity 10g network. this hour, the violation of the free speech or necessary protections for the potential witnesses which is the hearing of the gag order in the trump subversion case. some of the smallest victims of war are safe in egypt as israel takes the victims from the embattled hospital. and now a love story that spanned nearly eight decades. i'm kate bolduan and omar and sara are off today, and this is cnn "news central." now, will donald trump be allowed to say a whole lot more with the crimes he is charged with. that is what is playing out today with the gag order against trump in the federal elections subversion case. he is saying that the gag order violates the rights and the ability to campaign for president, but the judge in this case has said that trump can't say just whatever he wants especially when it is coming to targeting court staff, potential witnesses and special counsel jack smith. evan perez is outside of the courthouse, and he is joining us once again. evan, what will we see playing out, and what arguments are they going to be making? >> well, kate, the attorney john sower is having a hard time with the three-judge panel pushing back on the arguments he is making. right now, the trump team has argued that the fact that he is a political candidate, and the fact that he is frankly leading in the polls means that his speech should not be curtailed by the judge or the government ahead of the trial which is to take place in this federal courthouse in march, and they are challenging gag order from judge tanya chuchkin saying that it trumps anything else that might be a concern of any other prosecutors and the court. but right now, sower sort of diverted from the argument, and in answers to the judges has said that it shouldn't matter whether he is a political candidate, because the first amendment protects his speech and that his declaration for candidacy to president shouldn't matter, and he is also saying that the judge made a mistake, because some of the threats that are associated with donald trump's speech, and some of the things that he does, and the attacks on people, and those are three years' old, and nothing recent to really call for the judge to have this restriction, and of course, that is not true. we know that just in august, there were threats against the judge in this case specifically because of the former president's making attacks against people associated with these cases. so, what sower is arguing right now is facing a tough test from these judges who seem skeptical that they can't have any restriction on the former president simply because he is running for office. right now, i should point out that restriction is lifted because the court, the appeals court is hearing the argument, and we have seen just in the last few days, kate, that the former president has taken full advantage of that, and he has spent the weekend making attacks against jack smith and his family at the political rallies. kate? >> evan, thank you for keeping us updated and how it plays out. >> so how could this play out. joining us is elie honig of the southern district of new york, and now, he believes that the gag order is going to be unconstitutional, and the judge is hitting on a dynamic that is important here, because you believe that the outcome should be the same whether or not there is a political outcome under way, and the trump attorney says yes. do you believe it is going to be upheld here? >> yes, i do. it is important to understand that it is not a yes/no, and this is not can donald trump talk about the case or not. the actual gag order in dispute here is quite narrow, the district judge, and the trial judge, judge chuchkin said that we want to prevent donald trump from saying anything disparaging about anything about the case, and the judge said that is too broad, and you have to narrow it. and so you can't talk about the court staff or targeting any potential witnesses in this case, but anything else is okay. you can target the doj and the biden administration and say that the charges are bogus, but when the court of appeals looks at that, they will say it properly balances first amendment rights and need to protect the case. >> and on the state civil side here in new york, the judge initially issued a gag order that was lifted by the appeals court and civil is different from criminal, but does that decision inform anything here? >> well, this one in the new york case is more narrow, and the judge has said, you can't talk about my staff or the clerk. so to me, it is more narrow, and this is likely to survive, but again, it is the same considerations. and donald trump has a right to speak, and to speak in a negative way about the charges against him. you can criticize the judge or the prosecutor and i was prosecuted in public by people plenty of times and sometimes you to dahave to take it, but y have to guard against the jury pool, the staff. >> and what we have seen in jurisdictions across the country, attempts to use the 14th amendment to bar an elected official who participated in an insurrection from serving in office, and we have seen those efforts fail, and has it done damage? >> i think that the people pushing to trump to bar under the 14th is over. they are not going to win, and they have lost the court cases in five states, and they have lost when they tried to get every secretary state of individual states to throw trump off of the ballot in the 14th amendment, and the fundamental amendment says if they have engaged in insurrection they can be disqualified, but the problem is that there is not a procedure, and congress has to pass laws, and they have not passed laws, but you have to make up a procedure, and apply it backwards and this is why the democratic secretaries of state, and even republican secretaries of state including brad raffensberger who certainly knows about insurrection, and they have tried the go to court, and lost the five cases, and they are doing more harm than good, and they are playing into trump's narrative of they are trying to knock me out through the courts, and they don't want me on the ballot. >> and so quickly before we go, where is the line between being a defendant and actually being a candidate running for president? >> yeah, so, trump is not saying that and back to the gag orders and because i am running for president, i have an extra right to political speech, and the constitution does give highest priority to what we call the political speech, and whether it is people protesting in the supreme court and congress and candidates themselves, and he is right that as a candidate, and this is applying to any candidate and not donald trump, but we do have a heightened first amendment right, and the gag orders of both of them are narrow enough that they respect the right. >> with this hearing ongoing we will see what comes out of it. elie honig, thank you. >> sure. and now, the first round of babies evacuated from gaza are arriving in egypt. we will show you them arriving in the ambulances in incubators at the rafah crossing. it is a difficult and dangerous evacuation, and according to the palestinian red crescent society, dozens died before the aide workers rescued them. >> the idf is releasing footage showing two hamas hostages arriving at the same hospital on october 7th, the day of to terror attacks and cnn spent six hours here getting a look at the tunnel shaft proving that hamas is running operations there. oren liebermann is there, and tell us about the trip to al shifa, and tell us what did you see? >> so, as you are pointing out, we had six hours inside of gaza, and we crossed border fence at 9:00 p.m. at night, and didn't come out until 3:00 in morning, and it was obviously the darkness of night, and gaza city, and not having power, and the main purpose was to see the exposed tunnel shaft that idf had unveiled a day or two earlier and see what we could see with our own eyes or try to understand what is underneath. take look. >> reporter: we go in under the cover of darkness, and it is lights out across the gaza strip. escorted by a tank we switch to a armored personnel carrier. you could see the magnitude of destruction through the streets of the gaza city. and we unload at the al shifa hospital. we have to keep the lights off or risk exposing our city. cnn reported from gaza and as a condition for journalists, we have to submit footage to the israeli authorities for review. we submitted to make sure it is secure to the exposed tunnel shaft. and this is the entrance here with ladder access here. as i step over here, it is difficult to see how far down it goes, but it is almost a central shaft for the staircase. then it, the shaft disappears, and then goes down into the darkness. >> we move around the opening for a better look at the shaft itself, and what is clear from here, this is meant to go deep underground. >> which direction does the tunnel go? >> we assume that the tunnel goes out, and because another corridor to this way. >> reporter: towards hospital? >> towards hospital. it connects hospital to outside which implies with the way that hamas is working, hamas is going out somewhere, shooting at the forces and going back inside to a safe place. >> reporter: we weren't allowed to enter the shaft, but the military sent special gear down inside to see where it leads. there is a special spiral staircase and as they go forward, it goes into a tunnel, and makes a sharp turn and then into another turn, and then a metal door they have not yet opened, because they fear it is booby trapped. the spokesman admiral says that some of the hostages taken on october 7th were also brought to the hospital. he says that the body of marciano was found here. >> we have evidence that they were bringing them here to the al shifa hospital, and we are looking for places they could have held them. >> reporter: this is not proof that they were held underneath the hospital, but israel is still building case that they are using this hospital as cover, which the hospital officials and hamas have denied. the idf's about to continue the operation in gaza and the credibility of israel are at stake here as the number killed in the fighting surpasses 12,000. according to the hamas ministry of health. the idf says one of the missions is to destroy hamas, but with the death toll mounting, the idf has to use more evidence to justify the war. >> we could not see the shaft, because it was too dark and not to see the angle of the shaft, but the idf says it goes down ten meters and about 33 feet, and then the tunnel continues for another five meters, so 150 meters before it reaches door. another important question is what is on the other side of the door, and are there more tunnels down there, and if so, how many and where do they lead. >> and with what you saw there, oren, still, they are continuing to build the case there. oren liebermann, thank you. for more on the first group of newborns there, evacuated from the al shifa hospital, and now in egypt getting care. we go over to cnn' s elena jakos. >> yes, we have heard reports in and around the al shifa hospital, they were trapped and then making it to rafah crossing to get finally into egypt. the w.h.o. says that 11 of the babies are critical and all fighting infection, because of the harrowing and critical conditions that we are dealing with in al shifa hospital with no oxygen, and no clean water, and we are hearing that one of the mothers that spoke to us said that the conditions were so bad there was no milk, and that her premature baby was taken back to what she called zero. in other words, very difficult conditions. she also says that the babies were trapped and caught in the middle of the war, and they are innocent. they received emergency care to stabilize them at the emirati hospital before they were moved into egypt. the egyptians have been waiting for a week now for the babies to enter the country, and waiting with a lot of supplies at the border, and they have been disappointed every single day when the babies were not arriving, because it was so difficult to create the safe passage out of al shifa, but in terms of where they are now, they have been moved to hospitals inside of egypt, and some of the most critical conditions will be moved to cairo, and we know that so many of them are underweight. when we say 28 babies, kate, only four parents were accompanying those 28 babies and six nurses. so now the questions arise, where are the parents and the family members? what have become of them, and what are the fate of the children now their lives are defined by the war? the priority is to try to get them stabilize and healthy, and they are here in egypt to get that medical attention. >> eleni, thank you for the update. coming up, we are remembering the incredible life and legacy of rose lynn carter as the world mourns the loss of the former first lady. president biden turns 81 years old today, and politically how big is age among him to voters? we have new poll numbersrs. and secretary lloyd austin makes a surprise visit to ukraine. we will have the latest. >> a great humanitarian and a woman of dignity and strength are some of the ways that rosalyn carter are being described. there is a memorial being planned to honor her, and the public can pay their respects at the jimmy carter library in atlanta, georgia and plains georgia. we will look at the decades' long love story who is the author of "jimmy carter, power and human rights." it is great to have you here. you have studied the lives of the carters for over two decades, and you have seen the impact of the carters as a couple, and rosalyn, herself, had specifically. >> yes. thank you for that question, because it is the best question to try to understand rosalyn carter. when i started my research in 1988, i was going to write a short essay about carter, but i realized that the more i worked on carter, rosalyn was everywhere. i could not work on carter without studying rosalyn, because they are equal partners as they have said on many times. their marriage was almost teenaged marriage, she was 18 and he was 21. they were very bright. and she was valedictorian of her class and ambitious. in high school, she read maps and read travel books. on one occasion as a teenager, she dreamed of becoming an airline pilot. obviously, she had ambitions to get far beyond plains. theirs is an interesting love story. the love story part of it is very real, a teenaged marriage that lasted 77 years, but theirs is also a professional relationship that is probably unique, especially among presidents and first ladies. she married him when he was still in the navy. immediately left plains and became a young navy wife. she had to be independent. when he was out to sea, she ran the family budget. she made friends and raised three young sons. often by herself when he was away. so, she developed a fierce sense of independence. when they went into politics, she always supported him. she was a great politician, and she said that she loved politics. she was a great campaigner. she spent a lot of time on the trail both when he ran for governor and especially when he ran for president. she supported him, and she helped him, but she always maintained her independence. in all of those interviews they gave when they had their 75th wedding anniversary, he and she both said the usual things about marrying the right person, being in love and so forth, and she always added that the secret to their good long marriage was space. she had her own space, and she needed her own space. carter encouraged it. he recognized it. so what happened with her, she had two careers. she had a career as the candidate spouse, the president's spouse, and then at the same time, she was a liberated woman with her own career. as we know much of it became an advocate for mental health both in the governor's mansion and in the white house and in the post presidency. so much of that she did on her own. she traveled and frequently traveled on her own independent of him. on one famous occasion, of course, she was his ambassador to latin america with the authority of the president. i am trying to add a few things. >> no, i mean, you are an encyclopedia of knowledge when it comes to the carters. it is truly, and she is becoming more fascinating and amazing more i hear you speak. with everything that she did, the love story so documented and so real as you say, and the fact that it seems very clear that president carter would not have been president carter without rosalyn by her side, did she like the job, the time to be catapulted to this post, the position that she created to make really her own? >> she loved. she said she loved it. she loved politics, and she liked the job. she came alive on the trail. sometimes she pushed him and he was not as good of a politician as she wanted him to b. in the post presidency when they founded the carter center, they are co-chair and legally equal partners the carter center to promote democracy and negotiate conflicts around the world on curing diseases and the many things that it is doing successfully all over the world. but what often falls through the cracks, she also established her own institution known as the rosalyn carter institute for caregivers. it is in americas, georgia and the alma mater, and she is the sole founder of it, and it is a thriving institution. >> and stanley, that aspect of her life, and the aspect of the post presidency and what she took on to champion is so fascinating to me, and we will have someone on from the institute in the next hour to talk about that aspect of rosalyn carter's life, and true, we use the word legacy so often for those bold names who pass, but talking about legacy, rosalyn carter truly, truly leaves one of her own. it is great to have you here, stanley, thank you so much for your time. omar? coming up, vice president kamala harris says that she and president biden have to earn their strife with voters of color. and she says that age is becoming an issue politically. the power goes out and we still have wifi to do our homework. and that's a good thing? great in my book! who are you? no power? no problem. introducing storm-ready wifi. now you can stay reliably connected through power outages with unlimited cellular data and up to 4 hours of battery back-up to keep you online. only from xfinity. home of the xfinity 10g network. this morning, president joe biden is celebrating his 81st birthday and he would wish for different polling. new polling is saying that they are not pleased with his handling of the israel-hamas vote, and also, lowering numbers of the critical bloc of voters. we have harry enten joining us with more on this. we see that he is struggling with the polling, but what is the scope here? >> well, it is young voters. you know, the young voters have been traditionally a big part of the democratic bloc. and these are young voters under the age of 35. look at the 2020 results. biden is ahead, but just by three point, and the last time a democratic candidate did this poorly is before either of us were possibly registered in 2004 when john kerry did win the young voters, but not by a wide margin over george w. bush which is translating to something that we have been talking a lot about, and that is the approval of the biden handling of the israel-hamas war. and all voters, 37%, but look at the younger voters, and under the age of 35, even lower. 32%. look at age 18 to 34, democrats. these are the democrats. here, it is just 24%. there is a massive age divide among the party with voters over 65 overwhelmingly approving of the handling of the war, while those under age 35 do not. >> look, we are about a year out to the election, and polls are not predictive of what we will see election day, but this is not obviously the trend that you would want to see at this point. and it is not just young voters that we are seeing the tougher than usual numbers for the president. >> right. there are plenty of examples of the incumbents who are not polling particularly strongly at this point who went on to win re-election, but look at the biden versus trump margin here. and if you were to take one of the poll numbers, they are all within the margin of error, and putting them together, you will get a clear picture, and fox news, trump ahead by two, and quinnipiac, and trump ahead by two, and this poll, trump ahead by two. so there is only two incumbents who trailed, and donald trump, and he did not go on to win. and now, the average incumbent leads by a little bit more than 10 percentage points, so the fact that you have all of the polls showing biden behind is a very is a poor sign as we go into the biden re-election year next year. >> again, it is this time next year when you lay it out, and not what the president wants to see at his birthday. so tell us how much can change over the course of the year now. >> think of ronald reagan at this point, and ronald reagan against walter mondale. and he held the lead, but it was 2 or 5 percentage points and he went on the win by 20 percentage points. so this is a case in point where we are not at the election, and donald trump trailed joe biden by 10 percentage points, and only lost by 4.5, and so it is a slim margin andn within the margin of error of one poll, and i have little doubt that donald trump is leading joe biden, but a year out, and lot can change, omar. >> and hitting that particular moment in time, and the moment that we are in, and we are seeing the crisis in that moment overseas where the president has had to walk a fine line here is that multiple groups are pressure him for a solution here. i can't wait for you to come back, and we will see how the numbers change potentially, and also as we get to 2024, a lot to talk about. >> yes, a lot to talk about. >> harry enten, thank you very much. sam altman lost his job, and just as quickly, he got a new one. now, 500 employees are threatening to quit their job with how that played out. and now what the creator of chatgtp is saying now. it is time to vote for cnn hero of the year. support the extraordinary people making a difference in the world. you can cast a vote everyday at here he ro heros.com. this morning a blockbuster shakeup in the tech world, and one that is far beyond the implications can of silicon valley. sam altman is the founder of chatgtp and he is now joining microsoft. now, new to this, more than 500 openai staff are threatening to quit openai because of the way this whole thing was founded. sam altman is synonymous with artificial intelligence, and synonymous with chatgtp, and how how is this rattling silicon valley right now? >> well, we were chatting about this, and sam altman is to a.i. as mark zuckerberg is to artificial intelligence, and now that he has joined microsoft, they are the world leader in artificial intelligence, and they had previously invested $13 million into openai and they own 40% of that company, and now they have altman and hundreds of his former staffers at openai to now go over the microsoft and to work with artificial intelligence at that capacity. microsoft from to get-go was on a mission to beat google in the a.i. race. this open letter from more than 500 employees from openai basically says that if the board at openai does not resign and you don't bring oaltman back, ad the co-founder back, they will resign. >> but that train has left the station. and it is not transparent and what is going on there? >> well, what is going on is a discrepancy is how far and how fast to bring thetechnology, and altman wants to step on the gas, and the board wanted to showdown. so we are seeing the power of altman. and the stock hit an all-time high, and this morning because of the sam altman move there shows power of this ceo and the loss now to openai. >> absolutely. look, it is huge in the tech industry, and huge in silicon valley, and anyone who has an interest in openai, but it is real significant for everyone else, and people far beyond silicon valley in terms of what this means for everyone else. >> yes, this is the next wave of technology, and how we work, communicate and shop, and everything around the world. >> and medicine and how we get our health and everything. >> so there is a fundamental question that vanessa hinted at is how quickly do we move to bring the benefits to people to commercialize the technology the people while getting it out to world while balancing the risks of the technology which are great. so you can see microsoft bringing on sam altman in the indication they are ready to move quickly with technology, and they will say, of course, they are doing it with a responsible way, but they want to move quickly, and the big question that i have is many, many third-party companies building on theai applications, and that work is all on pause, because is openai going to continue as a company, and what does that mean for the third-party developers who were building the a.i. technology, and using the openai infrastructure, and we could see a slow down in the industry. >> the last time we had a discussion over it, is concerns over how dangerous a.i. is -- >> stealing our jobs. >> and how dangerous it is in terms of the geopolitical structure, and how dangerous a.i. can be for world order, and also what is congress, and capitol hill, and the legislative branch, and none of that has changed in terms ofsh -- that is all remains, but now i am really interested to see what sam altman's new first move is in this new role if we see it? >> and he is more powerful at microsoft, because he has all of the resources of the massive big tech company, and the direct backing of the ceo who just hired him, and so he could move the technology faster at microsoft than he did at open ai. >> and he was a key player where the biden administration, and he testified in the a.i. regulation hearings, and he has met with president biden many, many time, and including many, many world leaders. and he is probably feeling nice for him to be at the open a.i. offices over the weekend when they were trying to court him back, but this is probably a strategic move for him, and setting him up for the development of a.i., and microsoft is now the leader in this as of today. >> and looking at the time period, and how fast a.i. development is happening, this is a fundamental pivot point when it is coming to the technology with this big move by him, and quite a wild weekend. >> wild 72 hours. >> buckle up, because who knows what is happening next. still to come for us, secretary lloyd austin making a surprise visit to kyiv and the message he brought with the unexpected trip. that is next. ( ♪♪ ) 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. secretary of defense loud austin is in kyiv, ukraine today where he met with ukrainian president volodymyr zelenskyy. he met to underscore the commitment to provide continued commitment. the united states has provided tens of billions of dollars of security for ukraine and pledged to back the country against the russian aggression for as long as it takes, but however, the recent opposition from the hardline republican lawmakers has raised doubt on the u.s. assistance. and so we go to anna with this second visit? >> well, giving the ukrainians a shot in the arm, and they were feeling less attention with the world focused on the israeli-hamas war. and so secretary austin came here since the invasion of russia on ukraine. it was a morale booster, and while he met with president zelenskyy, and he said that the u.s. is with you for the long haul, and what matters here and he commended them for their courage and commitment. and now, the war is at a difficult point. 21 months in, and now this is a war of attrition, and a slugfest between russia and ukraine. there is a brutal and bloody fight happening on the eastern, and on the southern frant, -- front, and they need to know that the world has their back. the united states makes up the most funding, and they have told them that they are in it for the long hall, but there are 50 nations that helps to fund ukraine, and we know the head winds that the president biden's and how deeply assuring them by sends lloyd austin to ukraine today. >> that would have been a default move that we have seen a fight playing out on capitol hill here in the united states. anna coren, thank you. and meanwhile, lawyers for donald trump are in federal court fighting the latest gag ordeder in his c case. happening now, new hope in egypt. a mother of one of the newborns just evacuated out of gaza is now sharing her emotional journey. unconstitutional or needed to protect the witnesses and court staff? right now a hearing is under way to decide whether or not donald trump's gag order in the federal elections case is going to b