[gunfire] >> dana: heave -- heavey fighting in gaza around hospitals. welcome to a brand-new hour of "america's newsroom." dana perino. >> mike: i'm mike emanuel. israeli forces say troops killed 21 hamas terrorists who opened fire and tried to escape by running to a hospital. there is growing concern the war could spread beyond gaza as fighting escalates on israel's border with lebanon. israel's prime minister saying hamas must be destroyed. >> if you want peace, destroy hamas. if you want security, dedestroy hamas. if you want a future for israel. the palestinians, the middle east, destroy hamas. we'll do it with as few civilian casualties as we can and with maximum casualties on the hamas terrorists, which we are achieving day-by-day, hour by hour. we'll complete the task. >> dana: rich edson at the state department. jerusalem deputy mayor joining us here right in new york on set. first let's get to trey yengst live in southern israel. trey, what's the update from there today? >> good morning. it's day 38 of the war between israel and hamas. they ramped up air strikes hitting different hamas positions there. according to the palestinians the israelis were striking around gaza's second largest city supporting the infantry works working street by street in gaza. overnight israelis took over the port of gaza with the help of the israeli navy. they say the death toll among their soldiers has risen to 42 since the ground operation began. all of this is taking place as international attention remains on the hospital in gaza city. we do have new images of another hospital in the northern part of gaza. you can see in the video released by the idf and overhead you hear an israeli drone gathering more information along the border. in the video you see a militant inside gaza with an rpg at the hospital. this militants after firing on israeli forces run into the hospital grounds. the israelis say they use the 188th brig gate to fight the militants inside the strip killing 21 members of hamas in this single incident. a sense of how difficult the battles are and where hamas is fighting from within civilian infrastructure. >> dana: thank you. mike. >> mike: leaked internal state department memo reportedly slams president biden's policy on the israel/hamas war urging him to reassess his support for the jewish state. rich edson has more from the state department. >> good morning, mike. 100 state department employees signed onto this memo pushing the biden administration to demand a cease-fire in gaza. this is according to axios, taken a look at this memo here report saying quote members of the white house and national security council displayed a disregard for the lives of palestinians, documented unwillingness to de-escalate and prior to october 7th a reckless lack of strategic foresight. this as secretary of state blinken traveled to india last week said far too many palestinians have been killed. that's as critical as he has been of israel since the biden administration provided weapons and support to israel after terrorist attacks last month. it accuses president biden of spreading information in his speech when he declared that israel has a duty to respond to the vicious terrorist attacks. it accuses the administration of failing to reassess american policy towards israel as it doubled down on unwavering support of military. these cables are a way for tens of thousands of state department employees to raise concerns about u.s. foreign policy. the department refuses to comment on specific cables like this one. though supports its employees using it to object. >> we expect people in our workforce to have different personal beliefs, different beliefs about what u.s. foreign policy should be. and in fact we think that's one of the strengths of this government. >> now this axios report says a junior diplomat organized the cable. the same person posted on social media that biden was being complicit in genocide. mike. >> mike: rich edson live at the state department. >> dana: joining us now is jerusalem's deputy mayor. it's wonderful to have you here. i want to talk about the hospital. the idf believes underneath hamas has a military base and headquarters. the pictures coming outs of the hospital are upsetting. they might be staged i want to point out. i want to read a tweet from the world health organization. the president there said the situation the dire and perilous. hospital is not functioning as a hospital anymore. cease-fire now. then jake sullivan, who works for the president, president biden, condemned firefighting hospitals. right here. >> the united states does not want to see fire fights in hospitals where innocent people, patients receiving medical care are caught in the crossfire and we have had active consultations with the israeli defense forces on this. it is an active conversation. bottom line is we don't want to see fire fights in hospitals. >> dana: as far as i can tell the only entity helping innocent gazans get out of the hospital is israel. >> absolutely. there is so much misinformation. first of all, two days ago they said we were siegeing the hospital. it was a lie. we had an escape route for the patients to take them to safety. hamas has embedded itself under the hospital would w floors and floors and floors of weapons, essentially a terrorist base under the hospital. why do they do that? they no israel will never purposefully target a hospital. the israeli army is in touch with hospital staff. they are taking energy, gasoline into hospital staff. >> dana: here is your prime minister talking about providing fuel, call for number three, please. >> we offered actually last night to give them enough fuel to operate the hospital, operate the incubators and so on. we have no battle with patients or with civilians at all. i think every civilian death, every dead baby is a tragedy. that tragedy should be placed at the responsibility of hamas that is keeping its military installations inside hospitals. >> dana: you are offering the fuel. >> absolutely we've offered fuel. they have 100 trucks of humanitarian food. what is hamas doing? hiding themselves like cowards underground taking the fuel and food for themselves and letting their people face what essentially they started. imagine if with the ukraine/russia war ukraine was attacked, hits a hospital and then they get accused. that's exactly what's going on here. we were attacked brutally. let's not forget 240 innocent hostages. when they talk about a cease-fire, when people are asking us to do the cease-fire the first thing i say is bring back the hostages and we can start talking. >> dana: there are babies there, too. >> 5-month-old babies, 4-year-old children . 8-year-old children . 85-year-old grandmother. >> dana: a 3-year-old american being held hostage as well. >> 7 to 10 americans. one the son of my friend is 23 years old. he is also being held there amongst many. and other foreign people as well but ultimately 240 innocent lives. people who were taken from their beds, from their homes. little children. >> dana: you are here partly because tomorrow there is a big rally in washington, d.c. on the national mall to show support for israel. tell us about the rally. >> the rally is in support of israel but also against anti-semitism. what really is incredibly surprising and shocking for many people is that israel gets attacked and from the very next day we are seeing this festival of hatred against israel and jewish people. seeing jewish students attacked on campuses, literally attacked. we're seeing people pulling down posters of hostages? what is happening? the world seems to have lost its moral compass here and put us in an obligation to defend our people. any country would be the same. now we are getting attacked and jews around the world are getting attacked? >> dana: tomorrow is a chance to reset. >> solidarity for the jewish people and israel. the victim in this horrible massacre. we didn't ask for or expect it. >> dana: you will fight what you didn't ask for. >> we were offering our hand in help with the gazans with work permits and humanitarian aid and this is what we got. >> dana: good luck tomorrow at the rally. mike. >> mike: the pentagon identified the five u.s. special operations soldiers killed in a training exercise in the mediterranean sea. steven dwyer and shane barns. tanner grown and sergeants andrew and cade wolf died friday when their helicopter crashed off the coast of cyprus. the crash was a terrible accident. an investigation is underway, our heartfelt condolences to their loved ones. secret service agents protecting president biden's granddaughter naomi opened fire on three people who tried to break into an unmarked secret service s.u.v. last night. alexandria hoff is live in washington with more on this breaking story. good morning, alex. >> this happened minutes before midnight last night in d.c.'s georgetown neighborhood. one of the most wealthy in the country home to dozens of politicians and lobbyists, no stranger to d.c.'s crime crisis when it comes to cars being targeted. it was a parked and unoccupied vehicle belonging to secret service agents offering protection for naomi biden. unclear if she lives in the neighborhood or visiting. she is the oldest daughter of hunter biden. agents encountered possibly three individuals breaking into the window. it is believed no one was struck when they were fired upon. they fled the scene in a red vehicle. there was no threat to any protectees. we don't know what the ultimate intention of the suspects were. according to d.c. metro police data so far there have been more than 6700 thefts from auto stolen. carjackings are also up. guns were used in those crimes 74% of the time. just this morning we're learning that a government vehicle was stolen in an armed carjacking. police are searching for that suspect. >> dana: sounds to me like they need summit to get things cleaned up. donald trump junior is inside the civil fraud trial. he is one of the witnesses today. he returned to new york and there he is. the court reporter that we have in the room says he is actually on the stand now. this is video from just a few minutes ago. you have the lawyers there, habba was with us last week and you will hear more from that on the other side of this. andy mccarthy is ahead on possible arguments for the defense against civil fraud charges and the latest allegations of judicial bias. a united nations meeting on nuclear proliferation. we'll keep you updated straight ahead as israel escalates attacks on hamas. that's straight ahead. that bank of america had approved my loan... it was important to me. we not only just provide the financing piece, we do everything that we can to surround them with the right people. all you need is a perfect, amazing team that will guide you through the right steps to be successful. and that's what bank of america was for me. meet 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dana: u.s. launching a new series of air strikes in retaliation for attacks an american troops hitting forces in syria. at least six fighters were killed. the strikes are in response to a flurry of attacks on american troops throughout the region. there have been more than 50 in the past few weeks. the attacks leaving some u.s. soldiers with traumatic brain injury. >> mike: jim jordan with a new timeline on republicans impeachment inquiry into president biden. >> i believe we'll get the depositions and interviews done in this calendar year and make a decision early next year whether there are actual evidence warrants going to articles of impeachment and moving to that stage of the investigation. but i think this year november and december we'll depose all these people we still need to depose and we can make a decision. >> mike: how republicans have subpoenaed hunter and james biden and the president's role in the family business dealings. >> dana: mike johnson facing internal division with party members, imagine that. he has a staggered stopgap measured proposal to fund the government. his plan is somewhat similar to the one that got kevin mccarthy ousted as speaker. chad pergram with more. how will it go down, chad? >> good morning. the first big challenge for house speaker mike johnson trying a two-step approach to automatically renew government funding through january. that buys time to approve one batch of spending bills, the rest by february. some senate democrats are open to the suggestion. >> i don't like this cr approach. it looks like a gimmick but open to what is house is talking about. this is a moment where reasonable people in the senate, where most of the reasonable people are these days, have to make sure that we're not making the perfect the enemy of the good. >> a senior senate democratic liedership aid said the speaker moved toward the democrats' position. top democrat on the house appropriationss committee said she was bewildered by johnson's approach. some republicans embrace getting more time. >> i think we ought to do a cr long enough to conference and actually pass a budget. i don't think we've done -- i'm confident we haven't done in my short time here. i don't know the last time they used regular order for 12 appropriations bills. it has been a long time. >> there is skepticism on house republicans. three house conservatives are opposed. roy, greene and davidson. it is about the math. johnson has little room to maneuver. >> i think there is a honeymoon period, here. maybe it lasts 30 days with what's going on on the floor today. the honeymoon might be shorter than we thought. every time the cr expires the speaker is putting his head in the lion's mouth. >> his plan is similar is what prompted the g.o.p. to oust kevin mccarthy. the question now is how much goodwill johnson has with his colleagues. >> dana: keep us posted down there, chad. appreciate it. >> mike: donald trump, junior is testifying for the second time in his father's civil fraud trial in new york. let's bring in fox news contributor andy mccarthy. good morning. >> good morning, mike. >> mike: i want to start with a clip from donald trump, junior from the last time we heard from him. >> before even having a day in court i'm apparently guilty of fraud for relying on my accountant to do -- wait for it -- accounting. >> mike: how critical is don junior's testimony today? >> i find it difficult, mike, to find any of this to be critical because of what don senior referred to there. the judge has already ruled that there was persistent fraud. and we're now in this kind of who is on first loop where they say that the trial is about how much fraud there was and then the trump defense comes back and says we don't think there was any fraud at all. the judge comes back and says i already found there was fraud. so this goes on and on. i think what would be interesting in the defense case is if they could bring in officers from the financial institutions and the insurance companies that transacted with the trump organization and if they came in and said we didn't feel like we were defrauded at all. we had a good business relationship with them. everybody made money. that would be pretty compelling testimony. what i fear, though, is that this is such a vindictive case by the state, if you were running an insurance company or bank, would you want to go in and testify in front of trump knowing how they are when they are dealing just with trump? >> mike: his legal team has complained by new york attorney general letitia james. >> she is only there more importantly and more tellingly on the days there is heavy press. she doesn't come to court every day. she has never put a statement on the record in court. i'm not really sure if she practices. she definitely manages her pr and not very well if i may say. that's what she is there for. >> mike: what about that criticism, andy? >> i think she does manage her pr pretty well because this is a very political prosecution. she is an elected official. i think it is much better to think of her as an elected democrat than a law enforcement officer and bringing this case is what got her elected. she campaigned in blue, blue new york that she would go after trump. >> mike: new york republican congresswoman stefanik filed an ethics complaint against the judge writing his bizarre behavior has no place in our judicial system. the judge is not honoring the defendant's rights to do process and a fair trial. what is the impact of that complaint? >> in new york, there is probably not much impact, mike. it would be nice to imagine that new york had a judicial system. what they have is a political system that is masquerading as a judicial system where even the judge is an elected democrat. >> mike: always great to have your perspective and analysis. thanks so much. >> thank you, mike. >> dana: just when you think you've seen it all. out of control theft forcing a d.c. cvs to take toilet paper off the shelves. some of america's top universities accused of staying silent on anti-semitism. how alumni are trying to hold their alma mat ers accountable. [chanting] >> mike: massive crowd of anti-israel demonstrators marching through the streets of london over the weekend. more than 100,000 people marched against anti-semitism in paris. senior foreign affairs correspondent greg palkot is live in london. >> you're right, a tale of two cities and two very different protests. yesterday in paris and in france, 180,000 marched against rising anti-semitism attacks in the wake of the israel/hamas war. political leaders, far right figures taking part. not many incidents. france has the biggest population of jewish people in europe. in london a different story. 300,000 pro-palestinian marchers came out. big event through the heart of the city including right by the big u.s. embassy building. a lot of people were out as well but there were skirmishs. far right prote