lifted. the life, impact and one incredible love story. remembering former first lady rosalyn carter today. john and sara are off today. this is cnn "news central." this morning a mother of one of the newborns evacuated from gaza into egypt, and she is speak out. her baby is among the 28 newborns now receiving care in egypt after evacuating from the al shifa hospital in northern gaza. i wanted to warn you that some of the images coming out are tough to watch. the evacuation and journey is a dangerous one. the medics are seen at the rafah crossing to transport the babies to safety. eleni giokos is joining us with the latest. what was the mother able to get out saying? >> she was trapped in the al shifa hospital, and she says that war was raging around and inside of the hospital. she describes a harrowing situation. she says that the baby was born prematurely, and says they ran out of oxygen and milk, and explains conditions, and how petrifying it was for her. she also talks about the evacuation into egypt, and i know that you mentioned moving from al shifa hospital, and into egypt, but there was a stop first at the el emirati hospita and they stopped there to stabilize the babies and then on to egypt. this is what she had to say. >> translator: thankfully the coordination was very good. they called us to come to the hospital. i was one of the displaced. within hours, we were here and well received. egypt is the best place on earth. >> reporter: she says that the babies trapped were innocent of the war, and she says that she was trapped at the hospital as well. and she says they were trapped at the border for a week with incue bays or the and waiting, and waiting for the babies. they were waiting for 36 babies and only 28 arrived. the doctors in al shifa said that some of the babies lost their lives because they didn't have the medical equipment to treat them. and the egyptians were there ready and waiting to receive them, and all they had to do is to get them across the border. but we know that the hospitals are running out of fuel, and these are the stories as they are taking on more injured palestinians, but this is one of the most important evacuations that we have seen. >> that we have seen today for sure. eleni, thank you for the update. so many dynamics here. new video of the hostages released. the idf says it shows two hostages being taken into the hospital. one by stretcher taken into the hospital. oren liebermann has the report. >> reporter: we crossed into gaza by dark of night and didn't arrive until 3:00 in the evening, and it was dark because it is a night, and also, gaza has had not had power for days, and that made it more difficult as we got to the al shifa complex. then we came to see one specific thing, and that is the newly exposed tunnel shaft that the idf had revealed days earlier, and from what we saw, it is first to emphasize it was pitch black, and when we turned on the lights, it was dim lights for the brief period. we were able to see the structure down into the ground itself on the complex of the hospital. it was apparent to me that the structure itself was substantial. it was built of concrete and looked like in the middle, the pole that was the center of a spiral staircase. the idf gave us and revealed video they had from the camera on a special asset they had sent down. it showed not only the tunnel shaft of 10 meters and 33 feet down, but the tunnel itself running for some 55 meters and more than 150 feet, and at the end of the tunnel, there is a sharp turn, and the metal door they have not opened says the idf, because they are fearing that it is booby trapped. is that because they have uncovered a tunnel underneath the hospital, and using as command and control as israel as asserted in no. b -- asserted? no. but they are trying to put forward compelling evidence, and in is the most come pelling so far. and they are showing a underground tunnel shaft under the hospital. hamas has denied the network. but it is critical for the hamas to continue the operations there, and that is international criticism mounts with the number of palestinians killed in gaza rising, idf needs to prove that there is a structure underneath the hospital, and that is what they are trying to do here. we saw a part of the case they are trying to build. oren liebermann, cnn, in tel aviv. >> oren liebermann, thank you. so a deal to get potentially dozens of hostages released may be close as ever. the white house is expressing cautious optimism to get some of the 200-plus hostages released from hamas. they have been held by hamas terrorists since october 7th. sources say that a recent draft of the recent draft shows a four to five-day pause in the fighting to release them. over the weekend, secretary deputy john finer did not get into the details of the negotiations, but he did say this. >> we think that we are closer than we have been perhaps at any point since the negotiations began weeks ago. there are areas of disagreement that have been narrowed if not closed out entirely. >> joining me to talk more about this is the cnn global affairs analyst kim dozier, and talk to me about your sense of these hostage negotiation, and all of the reporting is that they are closer than ever, but still not a deal. so you have to wonder what the impact is of just talk about the deal being closer than ever, who that impacts most in term of the negotiation, and what do you see in this? >> with, the first rule of reporting on the negotiations is that when it is quiet on all sides, that is when it is serious, and something might be about to be resolved. but when you are hearing from the qatari individuals publicly and privately that they are that of the arrangement is spoiling what they believe should go through. in this case, one regional official had told me that netanyahu's government has balked at some of the aspects that hamas is demanding. they don't like the five-day pause, because they believe it is going to give hamas time to regroup. and b.b. netanyahu needs time to get his own coalition on board to agree to this. and every time there is some sort of complication or reflation in public that it is almost done, it is sure to delay it a few more days. >> this important aspect around it is the talk around it is seen as a part of the process of the negotiation as well, which is important, and so hard for the families to also have to be dealing with this at the same time. i also want to ask you about the video that oren liebermann was talking about, the videos released by the idf, and the tunnel video that they have found from al shifa hospital from october 7th they appear to say it is the hostages brought through the hospital. it is appearing that hamas is working in and through the hospital, but proof of the hamas command center under the hospital has not yet been revealed, and not yet satisfying to many folks. do they need to provide more evidence? >> well, how you receive it is depending upon the way you are onlooking. from the israeli perspective, there is definitive proof on the grounds and they have shown security footage gleaned from the hospital systems, itself, showing two hostaging being treated there just after they were taken. and they also found the bodies of two hostages in nearby buildings. for them, that should prove it. for the international community, it is as if we want to see something that looks like a command center from the movies, hard wired with phones, stacks of ammunition, and when the fact of the matter is that hamas had time to move equipment out of the area as the israelis approached above ground. so i don't think that anyone is going to be satisfied from either side. >> good point. john finer, and we played interviews from him over programs on the weekend, and now, he says that -- well, let me play it and how he said it. >> what i will say is that we have been quite clear that israel can defend itself, and the right to go after the hamas leadership that have fled to the southern part of gaza and sought refuge there. >> and so, kim, what happened, and is going to happen as israel makes a push to the south. what are you hearing about that, and kin of what the message is going to be or need to be or how they are going to have the deal with that when that is exactly what they have sold so many civilians in gaza to go as well? >> well, the problem is that there is no safe zone for the palestinian civilian, and the israelis have talked in the beginning of setting up some areas to retreat to, but it had to be in cooperation with the united nation, and so far, some massive tent encampment area free from bombing has not materialized, and in the meantime, of course, some hamas leader would have fled to the south, to continue the fight, and fight another day, and israel has said that they will go through the whole gaza ter roi territory to flee. and so now they have to wait and say, we are coming your way and find a new place the hide. it is painful to watch, and also from the international community's perspective, their hands are tied, because everyone has limited access to gaza territory. it is painful to watch though as from, if you are watching israel over the years to respond to crises, they can normally bring supplies in, but in this case, with every step, they also face danger and threats. >> and yes, on a level they haven't before, for sure. thank you for coming in, kim. it is great to see you. >> thank you. and so, coming up, one of the appeals justices is looking at the gag order from donald trump, and saying that the first amendment rights are not under broadly attack. the new details from inside of the courtroom. and also, details about the funeral services of former first lady rosalyn carter, and the legacy she is leaving behind. no celebrations for the president biden's birthday today, but there are the latate of t the electioion polllls. right now, one of the judges to decide the fate of donald trump's gag order is saying that his first amendment rights are not broadly under attack. the trump legal team is fighting to get that gag order lifted in the election subversion case, and the arguments are that it is a constitutional basis that it is hurting his ability to campaign. so joining evan perez outside of the courthouse. what are you hearing so far? >> well, kate, you are hearing a lot of the pushback from these judges, three judges on this appeals court panel. they are pushing back on the concept that just because donald trump is a political candidate, is the legal candidate right now and system of the polling that it does not mean that there can be restrictions on his speech ahead of the criminal trial that is set to start here in washington in march. we are hearing from john sower who is also, you know, taking a little bit of departure from some of the arguments that they have made, and pushing idea that the former president is a political candidate and that it is unconstitutional for a judge to try to filter this speech that he can make while out on the campaign trail, but in his arguments in court here today, he has also had to temper that a little bit saying that it does not matter that donald trump is a political candidate, but here is john sower describing the unprecedented nature of this restriction. >> the order is unprecedented and sets a terrible precedent for future restrictions on political speech. this is a radical departure of what is considered a restriction of a criminal defendant who is campaigning for political office and in a hotly contested campaign for the highest office in the united states of america. >> reporter: and kate, what we are hearing now is that the judge is also pushing back a little bit on the government's argument that this restriction is necessary and the way it is worded is appropriate. one thing that john sauer is having some success on is that she is talking about the targeting of the members of the special counsel team, and perhaps a little better wording of the restriction, kate. >> and with this unprecedented setup with donald trump a current and front running candidate for president once again, it sets up that this is a fascinating appeals court setup. i am interested in how this whole discussion goes. thank you, evan. and we have fascinating thingbes to talk about and that why i have the former prosecutor of the u.s. district court with us. great to see you, sara christoph. and i want to talk about the snippet here, because the fight of what is political speech and what is potentially damaging to the judicial process, and this is an exchange between one of trump's attorneys and the panel here. >> criminal speech obviously between core political speech which is part of the campaign speech that is -- >> i don't 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 then conclude your balance and test that way. we have to balance. >> so what is your reaction there? >> well, the issue for trump's team here, and the problem with that argument is that the law is pretty well established that the court has the ability to temper speech in certain ways. right. his right to free speech is not unlimited, and the court can temper that speech for safety and ensure justice. so that is the wall that trump's team is hitting here with that argument. >> obviously, this case is not happening in a vacuum, and part of why we are having this hearing because trump is running for president. if you are looking at the calendar of the hearings and the campaign events and the primary elections, sometimes they are back-to-back, and so clearly a dynamic that we are going to be seeing here. so to that point, what is the balance between someone's first amendment right to speak as a citizen, but also as a candidate for president and doing so in a way that may be harmful to the judicial process? >> well, the judge has to tailor the gag order very narrowly, and tried the do that, but the trump's team argument is better if it is clear and narrow enough, and does it really make it clear to the former president what he can and cannot say. the court is getting a little bit of traction that way, and the court may say that we can impose a gag here, but maybe the gag order needs to be a little bit differently worded. >> that is the point is that the gag order in question is to never talk about anything close to this case, but it is more narrow in scope. >> that is right. the gag order in place, it is suspended now while this appeal is pending, but it is prohibiting language out of the president and his team that targets the witnesses in the case, and the prosecutors in the case, and court personnel in the case. >> and you and i were talking about the court panel is entering unchartered territory here, and will it be upheld when you are talking about the process, and what is so significant about the process that we are seeing here? >> well, it is probably interesting for them from the legal standpoint, right? it is interesting to them to make new law, because they have a whole history of lawings case law to go by, but they are in new territory here, and they have a chance to make new law here, and know that the law will go up to the supreme court, and for the supreme court to take a look at. >> while this hearing is ongoing, and based on the snippets coming out, the trump side of things has run into a wall, but it is a long hearing. thank you, sarah. >> yes, thank you. and president biden with the new poll numbers and the age as an issue for voters heading into 2024. plus, new details coming out about the ceremonies plan to celebrate the life of former first lady rosalyn carter. we'll be right back. 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, the nation is mourning the death of former first lady rosalynn carter, and she passed at 96 years old yesterday. she was a global humanitarian, a trailblazer, and she had an incredible love story with former president jimmy carter. she had many passions as we have learned over the decades in public life, and famously has said this, there are only four kinds of people in the world -- those who have been caregivers, who who are currently caregivers, those who will be caregivers and those who will need caregivers. that is one of the many causes that she gave her life so. she founded the institute of caregivers to support those caring for the aging, ill and disabled. joining us now is the ceo of the institute jennifer olson. thank you for coming in. what does mrs. carter's passing and now the legacy mean for all of you today? >> well, thank you for having me, kate. obviously, we are heartbroken with the news of mrs. carter's passing, and the thoughts are with president carter and the carter and smith families in this challenging time. mrs. carter's passing means for me that it is our turn for each of us to take on the work that she led us in to support the nation's 53 million family, friends and neighbors who are caring for someone who is ill, sick or disabled. >> and so, this was a central cause for her, and tell us why this was so important for her. >> for her, it was deeply personal. at the age of 12, her father was diagnosed with cancer and passed away shortly thereafter, and she watched her mother balancing raising children and care giving and working, and she saw the complexity. then in the lead-up to the governor's mansion and the white house, she would speak to people about mental health, and another passion, and realize that there was a person standing next to or with the person who had mental health challenges, and she saw this what was a visible front line of people who themselves didn't have anyone caring for them. she started to realize that those individuals, care gives were experiencing physical and mental health challenges themselves. >> how has the mission changed for the institute over the years since it was founded this is. >> i would like to say we are were in the very local georgia mode over the first 30-plus years, and then a few years ago, mrs. carter and i were having a conversation about how there were so many more needs outside of georgia, and so she encouraged to us go national, and take what we had learned here and apply it to other care giver experiences, and so to take the work that we had done with the veterans caregivers, and alzheimer's caregivers and look beyond the diagnoses and conditions and support the caregivers at every stage of the journey. >> what do you think that rosalynn carter, the ultimate care giver to the caregivers would say about the work that would need to be done today? >> i think that she would say that there is a lot of work to be done. she called for an office of care giver health thinking that the government needs a champion to be focused on this very large population, 1 in 5 adult whose physical, mental and financial health is struggling behind the scenes. she would say there is a need for us to be advocates, but also to be good neighbors and friends to the caregivers amongst us, whether it is the person at the grocery store or going home is going home the take care of care giver responsibility, and so i would ask you the check on the care giver in your life. >> it is a beautiful thing, and calling on so many levels. jennifer, it is so wonderful to meet you, and thank you for coming in. >> thank you. it is president biden's 81s