the israelis are accusing the terror group of not fulfilling its promise to return all the women and children being held hostage. cnn's oren lieberman and matthew chance are tracking the latest from tel aviv. we'll start with oren. walk us through how these negotiations break down and what happens now. >> reporter: so the negotiations to this point focused on a very specific group of people, women and children. that was what the agreement was, to release 50 women and children at the start, and then ten women and children per day to extend the truce for 24 hours. this is where the disagreement comes in. israel and the u.s. believe that hamas is holding at least 17 women and children which would allow for at least one more day of pause. hamas says they're not holding women and children at this point and wanted to move the discussions on to elderly men as well as men and women who were soldiers. it is on that point that the discussions fell apart. hamas insisting that the women they are holding are soldiers, a point israel denies. they fall under the initial agreement, and before we move to other discussions, they have to be released. at that point discussions broke down. prime minister benjamin netanyahu announced that he was pulling the team that was directing the negotiations out of qatar back into israel, and that effectively is the collapse of the ongoing diplomatic effort to keep this truce going. that had been led by qatar, the united states and egypt, to have indirect discussions between israel and hamas. now the question, what does it take to get those back on track? in the meantime, israel and hamas promised they were ready to resume fighting and that's what we've seen with israel carrying out strikes across gaza, 400 terror targets in the first 24 hours after the truce, including 50 strikes in southern gaza in the city of khan younis. it is to the south they were told to evacuate to. hamas has launched a barrage of rockets, some reaching us here in tel aviv. most of them directed toward the communities around gaza, as you see the force and intensity with which this fighting has resumed. meanwhile, vice president kamala harris, in the region, backed israel's right to strike legitimate targets in gaza, but added that israel must do more to protect civilians. according to health authorities in gaza, some 200 palestinians have been killed since the truce expired. >> oren lieberman for us in tel aviv, thank you so much for that reporting. we want to go to matthew chance, also in tel aviv, but he's in a different location. he's live from what's being called hostages square, and we see a big crowd there behind you, matthew. there's a vigil tonight. what else are you seeing and what are you hearing from these families, these israelis, focused on the hostages? >> reporter: as you can see, jessica, a lot of people, thousands of people have turned out here in the center of tel aviv tonight for this vigil in support of the hostages that are still inside the gaza strip. obviously everyone here wants all of those hostages returned home as soon as possible. one of the big chants that people have been making is "everyone now", people have been chanting in hebrew throughout the course of the night. the question is how best to do that. lots of people i've spoken to want the government to prioritize the release of those hostages over everything else, over prosecuting the war, over destroying hamas. and there's some concern that the government of benjamin netanyahu is not necessarily doing that. there are others, though, in fairness, that believe, like the government does, it seems, that the current hostage negotiation sort of phase has exhausted itself, and now is the time for more military pressure to put hamas under pressure to get them to release more of the 130 or so hostages still believed to be inside the gaza strip. but you can see so many people have turned out, it is an issue which has united the entire country. it's a very political issue as well, as you can imagine, as well as a very emotional one. on the stage earlier tonight, we heard from actual hostages who had been released and they haven't spoken much at all since. they were thanking everybody for the support and encouraging everybody to continue. >> matthew chance for us there in what's being called hostages square, and oren lieberman also in tel aviv, thanks to you both. it's unclear just how much aid is entering gaza now that the fighting has resumed. the rafah crossing has emerged as a vital lifeline for a lot of palestinian civilians. the palestinian red cross society says 100 aid trucks entered today through that key cros cro crossing. larry, you've been visiting the crossing. take us through what you're seeing, what you're hearing while you're there. >> reporter: the rafah crossing has been the critical lifeline for palestinians, it is the only way in and out of gaza that is not controlled by israel. the egyptians tell us it's been open 24/7 since october 7th, but it is only technically because nothing can come in without going through an israeli checkpoint, which has been slowing things down considerably. but one of the other ways that the rafah crossing has become important is being able to bring the wounded, the critically wounded out of gaza into egypt to be treated. and i saw harrowing tales from people who have made that journey. this is why unicef is saying gaza strip is the most dangerous place in the world to be a child. rose's innocent laughter as her family arrives in egypt. her sister born in gaza during the war, too young to comprehend the horrors in her homeland. their mom, her leg amp amputated just days before she gave birth. she said she survived when a missile hit the home. >> translator: in just one second, the house collapsed on us. we were lying down and the ceiling was over our heads. we were shocked. we started calling out to each other. >> reporter: her leg could have been saved, but doctors were overwhelmed with more serious injuries. as a family, they have lost everything but their lives. dozens from gaza arrive at the rafah crossing with critical injuries. not everyone makes it. sometimes they go home in body bags. this fifth grader is learning to play egyptian monopoly as he recovers from a broken arm, leg, and a fractured skull. >> translator: i wasn't injured in the first strike, i was injured in the second one. i was asleep and woke up to find myself in the hospital in this state. my mother and father are injured. >> reporter: he doesn't know yet that both his parents were killed. these egyptian ambulances now crossing from rafah into gaza have brought back nearly 400 critically wounded to be treated at egyptian hospitals. hundreds of trucks on the egyptian side of the rafah crossing are awaiting clearance to deliver much needed aid to gaza, hours before the truce expired that had allowed about 200 trucks in daily. even with the pause in fighting, getting food, fuel, water, medicines and clothes into gaza was a painstaking process. after leaving egypt, they go through an israeli security check, and drivers say it can take up to three days to get cleared. this gentleman has done the trip twice and is waiting to make his third delivery. >> translator: i am sad, annoyed and frustrated. i want to do something to help, but my hands are tied. when i see that my brothers and sisters can't find food or water, i feel life is worthless. >> reporter: at egypt's airport, plane loads of donations are flowing in day and night, turning this military facility into a humanitarian hub. we just saw this qatari military transport aircraft coming in. there was an aircraft from singapore, another one from the european union, all bringing essential aid as the world surges humanitarian supplies to gaza. the u.n. says all of this is still a drop in the ocean, and with the uncertainty of the truce, barely anything is going in. the palestinian red crescent confirming that 100 trucks got in today through that rafah crossing into gaza from their partners of the egyptian red crescent with food and water and relief supplies, medical supplies and medicines. this is a big improvement from yesterday when the same organization said that the israelis had prohibited any aid coming in until further notice and that led to the intervention of u.s. officials to make this happen. but u.s. officials, many here in the region, the qataris, the egyptians say the next step has got to be the reintroduction of commercial goods into gaza because aid alone is not going to do it when there are 1.8 million people displaced. >> incredible reporting in cairo there near the rafah crossing. thank you so much for that reporting. we have new health warnings from the cdc on the rise of respiratory illnesses across the u.s. this holiday season. it is a surge that's sending an overwhelming number of children to hospitals. what's behind the strike and how concerned should we be? first, we're introducing you to the 2023 top ten cnn heroes as you get to vote for your favorite. we're a week away from announcing the 2023 cnn hero of the year. post-pandemic, u.s. math and reading scores for all children fell to unprecedented lows. black children have been particularly affected by this, with only 17% of black fourth graders reading proficiently. and for black boys, that number is even lower. a former first grade teacher is tackling that crisis head on. >> what's up, man? >> we install a child friendly reading space in the barber shop. we literally asked little black boys, what do you like to read? those are the books we distribute to our national network of barbers. use the opportunity when they're sitting in the chair to talk to them about books. many black boys are raised by single mothers, so there's this opportunity to support barbers in becoming black male reading role models. >> i'm just excited that we get to create a safe space for boys to do something that is really life changing. that's what i really believe reading is. it unblocks potential. >> alvin and barbershop books have distributed 50,000 books to barbershops nationwide that's impacting more than 10,000 boys. go to cnn heroes right now to vote for him or for any of your top ten heroes. you can vote for any or all of them up to ten times a day every day. you only have a few more days left to do so. voting ends december 5th. cnn heroes, brought to you by humana, a more human way to health care. there is concern, growing concern about the spread of respiratory viruses as hospital beds across the country fill up. the cdc saying hospitalizations for cases of covid-19, flu and rsv are all on the rise. overall, covid-19 remains the main threat, with about 15,000 hospitalizations and 1,000 deaths every week, despite the relatively low levels of the disease. for children, the cdc says it's seen a rapid rise in rsv infections. weekly hospital admission rates have risen 69% since the first week of october. here with us now, primary care physician, dr. matthew, thanks for coming on. we're just kind of laying out the current state for everybody. according to the federal data, about three-quarters of pediatric hospital beds are currently in use nationwide, the highest capacity since december of last year. why are these viruses spreading so fast right now? and i can't help but notice it was december of last year this was happening. is this just seasonal? >> i think part of it, jessica, could be called the immunity gap, scientific terminology we use. we think a lot of the covid restrictions, keeping children away from other children, not letting them go to schools, basically prevented them from being exposed to these winter viruses, rsv, the cold, the flu, and now that most societies are wide open, we're seeing a rise in infections. so it's not surprising 'tis the season you're going to see a barrage of viruses. as you mentioned, rsv in children is the number one cause of hospitalizations below the age of 2. >> you know, i can't help but notice, a couple weeks ago i had a cough. you go, oh, gosh, is it covid, is it the cold, the flu? how are you kind of guiding your patients that you're seeing to know what they're actually dealing with? because sometimes these respiratory viruses can kind of l look the same. >> it's a dilemma. even today it's not really a true science. we listen to the patient. if a patient said i felt like a ton of bricks hit me last night, sudden onset of fever and body aches, most likely it's probably the flu. a lot of times i ask patients to get that covid prc test, which is may more accurate, so you can rule that out. but almost always with flu, it's a sudden onset of fever and body aches. now covid-19 and the flu and cold have very similar symptoms, so really what you want to do is listen to the patient, listen to the onset of symptoms, the different type of symptoms that they have, and do some of these tests, like the covid-19 test, the flu test, rule that out. then decide what you think a patient might have. >> with these hospital beds filling up, when do you think people should seek hospital treatment? when should they go to the hospital? >> the good news is what i'm seeing right now in the office as a primary care physician is covid-19 that is very treatable as an outpatient. but here is the deal. if you are high risk, if you're a young kid with rsv, below the age of 2, or an older adult above 60 with other comorbid conditions, you want to keep close attention to your symptoms, and along with your doctor can decide if you need to be hospitalized. almost always, jessica, patients feel extremely sick. it won't just be the common cold or the flu where it knocks you down for a few days, you might be short of breath, you might have high fever. so ultimately, listen to your body and let your physician guide you as well. >> that is good advice for everyone out there as we get through this season of illness. doctor math thew, thank you so much. we appreciate it. >> thank you. a federal appeals court has ruled former president donald trump can be sued over january 6th. what this means for the gop front-runner as he continues his presidential campaign. we've got details on that next. first time i connected with kim, she told me that her husband had passed. and that he took care of all of the internet connected devices in the home. i told her, “i'm here to take care of you.” connecting with kim... made me reconnect with my mom. it's very important to keep loved ones close. we know that creating memories with loved ones brings so much joy to your life. a family trip to the team usa training facility. i don't know how to thank you. i'm here to thank you. a federal appeals court rules former president donald trump can indeed be sued in civil lawsuits related to the january 6th capitol riot. on friday, the court rejected trump's claim he has presidential immunity in those cases. the opinion reading in part, when the president, quote, acts outside the functions of his office, he does not continue to enjoy immunity. when he acts in an unofficial private capacity, he is subject to civil suits like any private citizen. cnn's marshal cohen is joining us now. i know you've been tracking this since the very beginning. later friday a federal judge in trump's election subversion criminal case also rejected the immunity claims, so we have the civil case, the criminal case. tell us what the judge said in that criminal case. >> two monumental rulings yesterday, jessica, that's right. in the criminal case, this was filed by special counsel jack smith, the trial here in d.c. is supposed to happen in march. before we get to that point, donald trump and his attorneys are trying to throw out the indictment, they're trying to challenge it any way they can. and this latest challenge from them was an argument that he had absolute immunity from the actions that he took while he was president. they claimed that everything in this indictment covers conduct that took place while he was the sitting president, and therefore he cannot be prosecuted. the only problem with that is that the judge completely disagreed. judge tanya chutkan here in d.c. resoundingly rejected that argument. she said it's not supported by the text of the constitution, it's not backed up by any supreme court precedent. this was an extensive ruling. it was 48 pages long. she said that it does not fit with the intentions of our founding fathers. she quoted alexander hamilton and the federalist papers, and even george washington's farewell address where they made it clear the founding principles of this nation are that the president is not a king, that the president is not above the law. jessica, let me read for you one of the key quotes from judge chutkan's ruling. she said, quote, whatever immunities a sitting president may enjoy, the united states has only one chief executive at a time, and that position does not confer a lifelong get out of jail free pass. there's strong words from the judge. but it won't be the final word. donald trump is sure to appeal this ruling. he may take it all the way to the supreme court, and they probably will want to weigh in. as i said, the trial is scheduled for march. >> so much more to come on this. thanks so much for walking us through the latest. and coming up, several minneapolis businesses where george floyd was killed are now suing the city. why they say the city has neglected the area and hurt business. the co-owner of the convenience store where george floyd went before his fatal encounter with police joins us next. the inmate accused of stabbing former minneapolis police officer derek chauvin in federal prison has been charged with four counts, including attempted murder. according to a federal complaint, jhe attacked him wit a knife, stabbed him 22 times and told officers he was planning it for a month. chauvin was convicted for the murder of george floyd and is serving two sentences of more than 20 years each. several stores where george floyd was killed by minneapolis police in 2020 are suing the city, accusing it of neglecting the area. the businesses are seeking about $1.5 million in damages. the lawsuit accuses the city of creating crime concerns after floyd's murder and alleges a loss of business due to barriers put up in the area. cnn has reached out to the city for comment. in an email, the city spokesperson said the city is aware of the lawsuit but has no comment at this time. the mayor's office releasing a statement wednesday saying, quote, it did everything possible to open the street safely amid tenuous circumstances. cup foods is the store where floyd was suspected of trying to pass a counterfeit $20 bill. we're joined by the co-owner, and michael haley, the attorney representing the business. it's great to have you both. william, i want to start with you and get your reaction to the mayor's statement we just read that the city did everything possible to open the street safely. what do you think about that statement? >> absolutely not. >> can you elaborate? >> yeah, when we first -- when the incident first happened, my brother had called our insurance company, our insurance company had turned this down because they said the people put up the barricades. and when we called the mayor, he insisted that it wasn't him until we got an email from one of his assistants and they told us that they did put up the barricades due to the ongoing -- you know, the crowd, how big the story was, they ended up putting up the barricades. and then, also, it was not true. i mean, he's been by our store a few times, he's never walked in. it was a big mess. >> and, william, help people understand. what was the neighborhood and the business like before george floyd had that fatal encounter with police, and how has it changed now? >> complete 360. it was a family store/business, a community store that w