>> if your cat sprays outside the litter box, fights with other cats or scratches the furniture, they could be telling you they are stressed. to help them feel more calm, try file optimal. tonight on 360, the truce ends in gaza, but the question about who knew what and when hamas was planning for october 7th are just beginning for israeli officials. also tonight, two rulings, one civil and one criminal say the president is not responsible for actions he took as president leading up to january 6th. plus, george santos kicked out of the house. good evening, thank you for joining us. we begin with israel and hamas in the first day of fighting after a seven-day truce in gaza. israeli airstrikes resuming and west cause and according to hamas's interior ministry also targeting sites in the southern cities, they dropped a leaflet calling it quote, a fighting zone. hamas, for its part, resumed rocket attacks into israel, as for the hostages, sources are telling us both israeli and american officials believe hamas holds a number of women taken from the music festival on october 7th. an idf spokesman tonight, putting the number of women and children still captive at 17 out of 136 hostages and all. talks to free them continue in qatar, all of this israeli leaders dismissed attack plans for more than a year, leading up to the seventh. in a moment, former israeli president prime minister's take on that and renewed fighting, also sean miller is learning from his sources at the intelligence immunity, first the latest from cbn. >> reporter: this is what israel vowed would happen if hamas stopped releasing its hostages. after a seven-day pause and more than 100 freed, does is being pounded. they will force hamas to release . >> having chosen to hold onto our women, hamas will now take the mother of all thumping's. >> israel says it was hamas that broke the truce, firing rockets out of gaza, striking israeli tanks. but it is inside the gaza strip, where the intensity of this war has resumed. hospitals, already overwhelmed and facing a new flood of casualties. >> we cannot see more children with the wounds of war, with the burns and shrapnel littering their body with broken bones. in action by those with influence is allowing the killing of children. this is a war on children. >> reporter: and to protect civilians, israel has distributed leaflets in gaza, with links to this online map. dividing the entire territory into a grid. israel says it is warning palestinians which blocks to avoid. >> i'm asking you to look at this map carefully, an israeli military spokesman says in arabic. and move from your residence as instructed. but, with unreliable internet access, it is unclear how many gazans will get the message. it is unclear also know when there will be more hostages released. mediators say talks to free more are ongoing, despite the fighting until there is a new pause, relief for so many families may have to wait. >> well, anderson, behind the scenes, negotiations are going to continue to get more hostages released, but tonight, for the first time in more than a week, gaza is once again being shaken by israeli bombs. >> thank you. let's go to jeremy with a view of the fighting your israel's border with northern gaza. so, what have you been seeing this evening? >> well, anderson, it has been relatively quiet over the last hour, but earlier this evening we saw heavy military activity inside of the gaza strip, flares, explosions happening inside of gaza, but also the most significant barrage of rockets being fired from gaza into israel that i have seen in weeks. we saw dozens of rockets being fired from northern gaza into israel, including towards our position in israel. we saw very loud explosions, as the iron dome system intercepted those rockets right about our position. what is most significant about this is the fact that those rockets, we could actually see the rockets coming up from gaza in the northeastern most city, which is a city where the israeli military has been operating on the ground for weeks now, and, despite the fact that the israeli military has said that they are in control of northern gaza, this just goes to show that hamas still has the ability to operate there, still has the ability to fire rockets from there towards israeli towns and cities. it also comes, of course, after a week in which hamas, according to military analysts, may have had the opportunity to regroup and reassess, effectively, move its operations around, and that time period. that was a concern that military analysts out of that fragile truce that we saw over the week. but the israeli military is not only once again carrying out its bombing campaign in gaza but also moving its ground operations further south into southern gaza. that is what israel's military and political leadership has been telegraphing for weeks now and we have watched as that plan has started to move into action today. of course, the result of that, the result of the bombing campaign in particular in southern gaza today, resulting in the deaths of 178 people, according to the hamas -controlled palestinian ministry of health in gaza, and of course once again we are seeing devastating images of people wounded and injured, including women and children. anderson? >> thank you very much. we want to give you perspective from the prime minister of israel, i spoke to him just before airtime. mr. by minister, what is your response to the reporting from "new york times" that israeli intelligence had obtained a blueprint for the hamas attack ye before october 7th? >> it is not true, they had very good sources. it is probably true the investigation committee will find more. >> you believe that a report like that would have gone all the way to the top? to the prime minister's? >> no. i don't think that it could be responsible that there was no kind of early warning or so. that is a huge failure of our intelligence. >> there are high-level members of the military intelligence services who have accepted responsibility for their part in the failures of october 7th. the prime minister has not. do you think that is something he should do at this stage? >> look, in any normal country he would resign on the eighth of october in the morning or the evening. and in the uk they would not have resigned his members of cabinet to call upon him and convince him to resign. but israel is not a normal place. so, he tried to survive in spite of all of the, kind of evidence. he basically once this policy that hamas is an asset and they have been a liability for 5 years and was ready to provide them with protection, the qatari protection money to 1.5 billion over these five years and half of it, about half of it went to equip and prepare this attack. so anyhow, it is a major-- >> what you are saying, which some viewers may not understand, just want to clarify you are pointing out that you are saying that netanyahu was essentially propping up hamas and undercutting the palestinian authority in the west bank the idea of that was that because hamas would be unacceptable in the world stage that there wouldn't be a two state solution, because the palestinian authority was viewed as so we can corrupt and hamas was the only major player, so nobody would accept that, and that was a huge miscalculation. >> yeah, basically he said in his own words that whoever support blocking the path towards two state solution should support his attitude of paying hamas 3 million cash a month. >> there are a lot of people now, hundreds of thousands of people in the south. was it possible to wage war against hamas on the ground in the south, with all of those people around? >> i think that we will see certain differences in style, because of the different nature of the war being felt after all of the cities in the north will move to the south. it is too condensed in population to run the same kind of effect that we had in the north, but there will be a lot of pointing attacks against targets in any other place where we feel hamas culpability. but when we look at the overall picture we should bear in mind when the armed forces got the directive to destroy hamas capabilities, they said please to the political that it would need many months, probably more, and somehow everyone knows that usually you don't give it legitimacy. several weeks or months. so, this contradiction had to be closed. that is the responsibility of the government to make sure that the two cloaks are synchronized. not very complementing to our government. >> the former israel prime minister, thank you. >> thank you. i want to talk about what the prime minister intelligence monitor was here. >> they say the failure of imagination you don't think it is failure of imagination or intelligence? >> no, i think failure of imagination for which is a term coined by 9/11 referred to using passenger airplanes flown by terrorists as missiles. al qaeda engine did, we failed to imagine it before they did and we didn't know about it. you can't say is a failure of imagination when you look at the reporting from the times they say the israelis actually have the 40 page planning book. you don't need to imagine. it was all laid out. >> very detailed. you said it is not a failure of intelligence, but leadership. >> failure of intelligence means your intelligence failed they did. or your intelligence analysis fails. >> the analysts were right on target. >> analysts were pushing this, saying we have got to consider this real. and the leadership. that is where the failure is, the failure is the military intelligence leadership. the burning question that has not been approached yet either in this article or with anyone coming forward to say here's the answer is when they had that intelligence and that analysis, how far up the chain didn't make it? >> didn't yahoo, the prime minister, who saw it? >> yes, this is the prime level, the director of national intelligence and the fbi where we were briefed in the white house regularly. >> you would think a shocking report that says hamas has these capabilities that israel doesn't even realize they have and they are imagining and planning this massive attack, you would think that would go to the minister, benjamin netanyahu? >> you would think that and you would think that if it didn't, right away, because they considered it because of confirmation bias it is not how we are thinking, but it is possible, not likely that when the reservist is on the suspicious activity, men showing up with maps, bulldozers pulled in. >> during the trial run, when they were executing hostages? >> when you saw the actual training happening in camps and communications with a result of that that one thing would be added to another, which would be added to another, which should make, as they said, before 9/11, all of the lights flashing red. we didn't see that here. we saw the opposite. so, there's going to be a reckoning, and it is not between just the public officials and the politicians. anderson you know this, because you've been talking to them nightly for weeks. when the families of those taken hostages when the families of those killed, when the families of those left for dead and raped, those families organize the group, this will be something that the government is going to, you know, probably not survive. >> the-- i mean, what sort of capability, it is impressive that they were able to get this report. i mean, the fact that you know, they had a detailed report by hamas a year ago, shows they do have-- because that was a big question how could this have possibly happened and they didn't know about it? the intelligent people did know about it. >> you've got the report, so that is a paper document you can look through, but you've got the signals intelligence, where they are picking up reports on the training. you've got the witness reports from the reservist seeing activity on the fence line. that is way too much to write off in the spirit of confirmation bias, which is-- it just doesn't fit with our political assessment. >> also to think that they had in one military location six people on duty that day given they knew this plan was at least out there. thank you. next, two court rulings on the former president's claim that he cannot be held legally accountable for trying to overturn the 2020 election as he was acting in his official capacity. and later, somewhere george washington is smiling with a mythical cherry tree in light. while ananother geororge santos expepelled. more now in our breaking news of the federal judge overseeing's indictment has denied his attempt to dismiss charges based on presidential immunity. and one point in the ruling, the judge writes quote, defendant's for your service as commander-in-chief do not facilitate the divine right of kings to evade the criminal accountability that covered his fellow citizens. this the day of the former setback of the former president of washington. an appeals panel says he can be sued related to his actions on the riot at the capitol. they sought to distinguish between campaign speech and official actions of a president. is a victory for the capitol police and lawmakers behind three separate cases affected by the decision was others who may speak seek civil damages. for more, we have peggy, the author of confidence man, the making of donald trump in america, and also carolyn, she is a white-collar criminal defense attorney who also lectures at columbia law school. a big, maggie, of a blow to the former president is this? >> it was always a longshot that this was going to go through or that she was going to real rule on her side, she made clear in previous rulings that claims that trump has been making or what his lawyer has been making, but what this does do is start the clock on an appeal that they will have go through the courts and possibly go up to the supreme court. no one knows how the supreme court will rule if they will even take it up. they have generally not cited with trump on any of his election related issues. they obviously have other issues. if they send this back or rule against him, the clock then starts on the trial, but this buys time for his team. so, this is not a surprising ruling, but it is a very lengthy ruling, and it refers to the nixon pardon, it refers to a number of things that counter what trump's team is arguing. >> what stood out to you in these rulings? >> yeah, look, earlier today, when the dc circuit came out with the ruling with respect to the civil context that was an easier bar to meet. presidential immunity is really anything that has been recognized by the supreme court since nixon versus fitzgerald, trump was trying to push it further in the criminal context, not surprising that she waited for her superiors to come out with the ruling this afternoon, and then immediately i agree with maggie, i think she wants to keep that march 4th trial date. this is the one thing that could potentially throw a wrench in those plans if the case is somehow stayed pending an appeal, i think he certainly will appeal this ruling as well as the dc circuit ruling, and i think it is right for a supreme court review. >> you think likely it would be stayed? >> just as maggie was say, you never know what the supreme court is going to do, they could take it, they could not, they could stay, they could not but i think that is sort of the? year, with respect to that. it is looking more and more like that is going to be the only trial that will get in under the gun before the election. >> it is it clear to you what other arguments the president might make to get this thrown out? >> i think this was a big one. i think getting it thrown out is going to be very, very hard. this was really it, this was the shot. it is possible, someone was suggesting to me today that the supreme court to take up the gag order issue. that seems a little less likely since this is a presidential power issue and it is broader that the other one is specific to trump as a defendant. i think this is it in terms of their shot of getting it thrown out entirely, nice next up it becomes just trying for acquittal or trying for hung jury or trying-- that is their best hope. this is a case that being tried in dc, trump's allies and advisors think is unlikely to go his way, just based on the events and based on what the jury will be, but that is down the road. >> there was also, maggie, the pretrial hearing in the georgia election case, what stood out to you there? >> it was interesting listening to this argument when the trial started, there is some suggestion that it should start in 2029 or something like that, well well down the road. what you've heard over and over again from the trump lawyers is there is such a volume of discovery, this is such an exotic case, and they said this, we need time to go through everything for discovery and time to look at the evidence in the mar-a-lago documents case, there are clearance issues there, there actually are in the january 6th case as well. little less so. it doesn't surprise me that they are talking about a delay, a delay of that much was surprising to me and i would be mostly surprised if it works. >> in georgia, the president's attorneys argue that this violates trump's free speech. >> yeah, and by the way they made that argument today in the motion as well, which she denied as well. but the 2029 date was under the scenario in which the judge asked trump's lawyers well, what would happen if you were to be elected president, essentially it would stop the clock on that time to prosecute, but i have a different perspective, because i'm the defense attorney. i think the august 2024 date is a bit aggressive. there is a backlog in the criminal in fulton county georgia criminal court and, you know, it cuts both ways. any criminal defendant should be not above the law, i think she's trying to push this case through and wants to get it in before the election i think it is pretty apparent. >> maggie, which of these cases do think the former president is most concerned about. >> i think he's concerned about all of them honestly come i think he's more concerned about the federal ones, the documents case in particular concerns them except for the judge in that case, one of his up on appointees and it is a more favorable jury, based on the counties at the courthouse. the january 6th case angers him for a variety of reasons, and you can see it when he talks about the election, as it relates to an event that he considered humiliating, which is having to leave the white house, so i think all of these things tied together, he's angry about the in manhattan indictment for different reasons, and there is no case that makes them feel good here, they are all bad. but they are most concerned right now about the january 6th one, because they think that is one that is likely. >> so you think the humiliation of having to leave the white house and the humiliation of having his supporters break in the congress? >> we've heard him defend that. so, that is not something that i have heard him sound any concession of shame about, publicly, to the point about fairness versus a speedy trial though, i think that you are going to hear that over and over again, and it is the one place where the trump team has a legitimate point about the fact that trump does have the same rights as any other defendant. appreciate it. coming up for the sixth time in u.s. history, he lawmaker was expelled from the house of representatives, the life, the times of george santos returns. you're probably not easily persuaded to switch mobile providers for your business. but what if we told you it's possible that comcast business mobile can save you up to 75% a year on your wireless bill versus the big three carriers? it's true. plus when you buy your first line of mobile, you get a second line free. there are no