msnbc road headquarters here in new york. welcome everyone to alex witt reports. re beginning with breaking ne. a colorado judge ruling that donald trump can be on the ballot when saying he engaged in an insurrection. he gave him both a rebuke as well aslegavictory. the wording of section three of the 14th amendment does not apply specifically to the office of the president. joining me now, christie greenberg former federal prosecutor former deputy chief for the southern district of new york criminal division. let's get into this, chris. the insurrection is certainly a key part of the 14th amendment that would keep trump off of the ballot. are you surprised by this ruling? >> mainly, the judge concluded that trump engaged in an insurrection through incitement. take a moment to pause on that. saying, there is a judge saying that former president trump engaged in an insurrection. that is a momentous holding. he gets off on a technicality here because the judge also found that he wasn't an officer of the united states that could be disqualified under the amendment. it is absurd. the president is the highest officer in the land. he is not only a civil officer, he is a military officer. he is the commander in chief of our military. to find that he is not an officer of the united states is perverse. you have other individuals, members of congress and state officials who fall under this amendment who could be disqualified if they engaged in the same conduct. to think that we -- the 14th amendment meant to exempt a president who would cause the greatest danger to the united states with this kind of conduct to really just go after lower level officials doesn't make a whole lot of sense. >> again, the judge said that he engaged in insurrection how is this going to play in other places going forward? >> it seems like it is team this all up for the supreme court. it is being heard in other states, as well. if another state makes a similar finding that he engaged in insurrection. but also finds the different ruling that he also is a officer of the court and they do qualify of section three of the 14th amendment to be disqualified. then you have a clash of states. it will go to different states supreme courts and, ultimately, to the u.s. supreme court where given the can conservative majority i cannot imagine a result where this would rule to keep former president donald trump off the ballot. >> look, we have this judge not holding back it all describing trump's behavior has a history of, quote, extremism and endorsing political violence. she rejected his free speech. can you talk about the impact of this? >> i think that there is a potentially huge impact here. to say that, yes, even though he is not physically there storming the. chief specifically said he was the factual cause which, again, anyone who watched events and told him that day and heard his words knows to be true. free speech has limits and we did just that he basically had it both ways. she laid the foundation for disqualifying the former president. gave him a fig leaf of victory. set things up so a reasonable appellate court would have to say we agree with her that he was guilty of an insurrection against the constitution. that he won way beyond free speech because they intentionally incited violence. we disagree with her. we almost disagree with herself when it comes to this weird holding that it was just the presidency after all. . >> in some weird holding that it is just the presidency, after. all it does this mean an appeal is going to happen? >> without question i believe there is already been indication that an appeal is being filed. the interesting thing about this the factual basis for the insurrection is more difficult to overturn on appeal the issue of whether or not the president isn't officer of a court, that is more of a legal interpretation. that is squarely teed out for an appellate judge to disagree with and i think they should disagree with it does not say president as it member of congress. again, officer of the united states. if a president doesn't qualify as an officer but every other lower level official denies gaetz does, it would be a very perverse result. it really would not make sense. >> let's take a peek at some of the other trump legal cases right now. that trump judge denying the attempts to strike references to january six and the violence therein from their d.c. criminal and by. arguing that references to th d.c. indictment are inflammatory and irrelevant. but judge chutkan ruled regardless of whether they are relevant, trump has not clearly shown that they are prejudicial. she said that she would not be running a copy of the indictment. jurors how do you -- what role do you think january six will play in this case? >> i think it is going to play significant role in the case. there is a whole section of the indictment which, again, is not being shown to jurors. i expect jack smith will be presenting, to the jury, evidence of donald trump's words that day. all of that gets to what was his intent? his intent having that violence that day, having that disruption in the chaos that led to the rioting was really to stop the count. to make sure that he could remain president. if this means he took everything to achieve that result directly relevant to jack smith's proof. i think the judge got it right here. making sure that the special counsel's office was able to present that office. it shows the links that donald trump was able to go -- overturning the results of a democratic election. >> something we've all been learning about in the last double of ears. thank you so much, christine reiber. more explosive revelations on donald trump, his legal troubles, and some candid admissions that he made himself. jonathan carl can join me in just a few minutes to discuss his new book, tyrant of winning. back to some breaking news on capitol hill. y s security video released by speaker mike johnson is now online. 90 hours of footage was posted last night of the more than 40,000 hours expected. let's go to the nbc's julie tsirkin who is on the hill for. especially, walk. and what are republicans hoping to accomplish by releasing these videos and how are democrats responding? >> house speaker kevin mccarthy had promised to do this before he was ousted. last we worry he granted access to most of these 40,000 hours of security footage from the capitol on january six to fox news. there was a lot of outrage not only for members of the media, ours included, but members of the public that this was only granted to this one media organization it was not granted further access to the public. now you have a new house speaker, a couple weeks to their tenure dropping this security grant. they are now making this public on a friday. heading into thanksgiving weekend. you can imagine that this is not something republicans want to keep talking about and keep it the forefront. for speaker johnson's part they put t a statement yesterday. they said, quote, truth and transparency are itic. today we will begin immediately posting video on the public website and move as quickly as possible to move to the bsite -- she notes, this is interesting, in the meantime the public viewom will ensure that every citizen can view every minute of the videos uncensored. that will start on monday. members of the public in person can request the in-person appointment to see some of that footage. democrats he brought it up at the top they are not happy about this. we have heard from the top democrat on the committee tasked with safeguarding this footage he said that this would lead to security concerns called a, quote, dangerous and even misleading. that this footage is all being released now. we heard from democrats who serve on the january six committee. even republicans who criticize and we were saying that this could put capital police in different secure public locations in the filling in jeopardy. the footage is out johnson made this promise and now the public will begin seeing. at >> what is doing it is giving you a blueprint to capitol hill, right? all the halls of congress. if you want to have some nefarious intentions. julie, thank you for that. breaking news in the israel-hamas war. chaos at the war torn al-shifa hospital in northern gaza. a mass evacuation unfolds. hundreds of patients and medical staff have fled today. there are conflicting reports about who is, exactly, behind this exit is. israel says, not. them claiming they agreed to any evacuation efforts. meanwhile, israel warns it will expand its ground offensive beyond northern gaza. according to gaza's media office. the death toll now stands at more than 12,000 in tel aviv -- we spoke with survivors. tell us about that a and also what is going on until she fell. -- forces are moving into several hospitals across gathering. our al-shifa continues to be the focus the staff patients civilians sheltering there leaving in droves. doctors have said they were ordered to leave facilities by israeli soldiers the idf is disputing that claim they have provided evidence that they found a mission, tunnels, inside the hospital. what they have not found and what israeli in american intelligence has said is in al-shifa as a commanding control center. the idf says work to find that location is continuing, may take some time. we talked about a visit to one of the cabooses. it was just a few hundred yards away from the border with gaza. we along with other journalists were allowed inside. when we were allowed, we were so close that we heard firefights and automatic weapons fire. we heard a lot of the mortars going out. i can tell you that there was a community hit hard. 20 people were lost. it is a place -- one place i was known for the freedom of, on the peace wall, that they had between two areas. it is the one kibbutz where some of the tariffs flew in on motorized paraglider. we talk to one of the survivors there who said they will not let this attack to find their community. >> >> this did not change. me i'm the same person. i'm working hard not to change. i still believe in the values i had before. we believe more strongly that we need to be who we are that is telling of what they are we are not hamas we are not turning into hamas. the only people who can choose not to be hamas is hamas. but i'm not turning into them. obviously, the only solution for the war is peace. it just that you needs -- you need to say eventually we would want peace. we need to make sure that the people on the other side will not need to slaughter us what we are working for peace. >> as you would expect. there's a lot of pain in that community, the emotions still very ragged, alex. >> absolutely. jay, thank you for that. later on, we're gonna take you to the unexpected place where, right now in fact, diplomats in scholars or trying to put an end to the nightmare in the middle east. in the meantime, they are stunning and even if you've seen them, you're gonna want to watch them again. the impact of trump's former attorneys giving up the goods in his georgia case. we'll be back in a quick 60 seconds. auick 6 seconds. jen x. jen y. and jen z. each planning their future through the chase mobile app. jen x is planning a summer in portugal with some help from j.p. morgan wealth plan. let's go whiskers. jen y is working with a banker to budget for her birthday. you only turn 30 once. and jen z? her credit's golden. hello new apartment. three jens getting ahead with chase. solutions that grow with you. one bank for now. for later. for life. chase. make more of what's yours. sometimes jonah wrestles with falling asleep... ...so he takes zzzquil. the world's #1 sleep aid brand for a better night sleep. so now, he wakes up feeling like himself. the reigning family room middle-weight champion. better days start with zzzquil nights. whenever you're hungry, there's a deal on the subway app. buy one footlong, get one 50% off in the subway app today. now that's a deal worth celebrating. man, what are you doing?! get it before it's gone on the subway app. ♪♪ new developments about when we might see donald trump in a courtroom in the georgia election interference case. the fulton county d.a. asking the judge in the case to schedule the trial for august 5th, 2024, that's just three months before the general election. so, if judge scott mcafee agrees, the case against trump and 14 others would go to trial three weeks after the republican party selects its nominee for president. joining me now, atlanta journal-constitution reporter and msnbc political contributor, greg bluestein. greg, welcome to you. d a fani willis said the proposed trial date balances potential delays from defendant trump's other criminal trials, and sister sovereigns and the other defendants constitutional speedy trial rights. what do you think? you think judge mcafee is going to agree? >> this is a fairly aggressive timeline. we also heard fulton county district attorney fani willis also say, this trial could stretch well into 2025. which makes it so fascinating what judge mcafee could do next. you mentioned, not only will this mean that donald trump could face trial in georgia, but after the rnc and right before the democratic national convention as well, but remember, georgia is the premiere battleground state. this is one of the few very competitive states on the white house map next year. this trial could be taking place in georgia in the home stretch of the election campaign. >> here's what this means, if the timeline is right, early 2025, it means that we're gonna very likely see donald trump in a courtroom during the final stretch of the 24 presidential campaign, and then after the election. is this because trump's delay efforts are working? ors it just that the wheels of justice turn slowly? >> i think a little of both. donald trump's litigation strategy has been, after this point, delay, delay, delay. it continues to be so. his attorneys say, pass oral arguments over this motion. we know that even when the trial is set, jury selection could take months. discovery is taken months. is likely to take months. and in prosecutors alone expect to call 150 witnesses, that's an extraordinary amount of witnesses, and evidence to go through. this trial -- as you mentioned, there's a potential that he is in the white house, when it culminates. >> so, also new this week, we had judge mcafee issuing a protective order, prohibiting the release of any sensitive evidence to defendants, and this was after the bombshell video interviews from four key witnesses relating to that and includes testimony by former trump legal advisor, jenna ellis. that may shed light on trump's plans to hang on to power. let's take a listen to this. >> i emphasize that i thought that the claims in the ability to challenge the election results was essentially over. >> he said to me, in an excited tone, we don't care. we're not gonna leave. >> i said what do you mean? he said, well, the boss beating president trump and everybody understood the boss, that's what we all called him, he said the boss is not gonna leave under any circumstances. we're just gonna stay in power. i said, him, well it doesn't work that way? he said, we don't care. >> absolutely stunning, judge mcafee is now barring such evidence from defense attorneys, but isn't the genie out of the bottle? how bad might this be for donald trump? >> yeah, well, also for fani willis as well, she doesn't did not disclose these videos. she does not want more evidence out. she worries it could not only taint the jury pool, it could also damage in intimidate witnesses. this shows you a sneak peek of what the trial could look like, be, it shows you why fani willis and prosecuting team went to great lengths to try to get jenna ellis and others to plead guilty to lesser charges, so they could be cooperating witnesses. she does not want any more of this potential evidence out. frankly, neither does judge mcafee, he worries that some of what is being released to the public could be inadmissible a trial. could do damage to potential jurors. >> okay, greg bluestein, always good to talk with you and help shed some light on these very convoluted issues. thank you. so, it's a tiny spot way up north where the chaos in the middle east is being examined and discussed. next, whether there are any signs to how and when this conflict might end. and a reminder, jonathan carl is gonna join me in two few minutes on his new book, tired of winning. ♪ ♪ we're building a better postal service. for more on-time deliveries. and easier, affordable ways to ship. so you can deliver even more holiday joy. the united states postal service. delivering for america. c'mon, we're right there. c'mon baby. the united states it's the only we need. go, go, go, go! ah! touchdown baby! -touchdown! are your neighbors watching the same game? yeah, my 5g home internet delays the game a bit. but you get used to it. try these. they're noise cancelling earmuffs. i stole them from an airport. it's always something with you, man. great! solid! -greek salad? exactly! don't delay the game with verizon or t-mobile 5g breaking news on the search for home internet. catch it on the xfinity 10g network. a solution to the war in the middle east, hundreds of diplomats and analysts from around the world are converging on nova scotia, canada, this for the halifax international security forum. nbc's dan de luce is there for us. dan, welcome. what's this, day two, right? i understand this morning, the former prime minister of israel spoke. what did he say? >> that's right, alex. it was -- who -- to negotiate a possible peace agreement that very nearly was clinched way back when bill clinton was president. even though he's an outspoken critic of the current prime minister, benjamin netanyahu, this message was israel had to, what he said, quote, finish the job against hamas. that he felt that, despite all the international criticism about israel's tactics at the moment in gaza, his argument was, the israeli government had to defeat hamas militarily. otherwise, israeli people wouldn't feel secure, and israel as a state would not be able to proceed. he was pressed pretty hard by our colleague, from pbs who asked him, what about all these civilian casualties? what about these operations around the al-shifa hospital in northern gaza. he acknowledged how difficult it was, that hamas was operating among civilians. it was interesting to hear him say, they really would press on, and there does seem to be indication here from other officials, here that the biden administration has not yet demanded an end to the operation. they've appealed to the israeli government to try to curtail the effect on civilians and get more aid in their. but the white house has not demanded a halt to the operation at this point, they don't seem to be ready to do that. >> is there at all an overall sense there in finding an end to this war? could it happen sooner than later? we've heard benjamin netanyahu saying, it's gonna take a long time. they're prepared for that. >> i think that's a widely held view on all sides of this conflict. if anything, there is a concern that it could spread. that it could expand. the one thing that could change -- or the u.s.. there are democrats who are going the white house appealing for them to take a tougher stand with israel. and representatives from -- michigan was an msnbc, msnbc earlier today, she spoke about the responsibility israel has as it conducts its operations amongst civilians. here's what she had to say. >> a hospital is a very sensitive topic. if you're gonna go after it, the onus is on the democracy to prove that there was truly something significant, significant enough that would ever make that a viable target. and the united states went through this ourselves in places like afghanistan. with -- a hospita