and how them, so i know that my nightmare is finished. >> a land mark deal between israel and hamas. >> israel has said that it will continue firing day-by-day, on this long as a master this is the hostages. >> tonight, the latest details on what some of the hostages might be released, and who might finally come home. >> you know, it's like a russian roulette, you're waiting to see who will come back home. >> then, as the ex president flirts with the legal line on his gag order, new details against the threats against a new york judge and a staff. plus, why democrats want voters to start paying more attention to donald trump this election, and a big victory for autoworkers this holiday season. >> we want things that they have not seen a 50 years, change peoples lives overnight. >> union chief shawn fain joins me live, when all in starts right now. good evening from new york, i am chris, the final details of the negotiations in israel and hamas are still being worked out tonight, as we are getting reports that the pause in fighting that was supposed to begi 3 am eastern time has not been delayed. the new york times citing senior israeli officials say that the earliest attempt at a cease-fire is not this friday. earlier today, the head of the israeli national security council confirmed that the release of some 50 israeli hostages in gaza, women and children, supposed to be returned to israel beginning tomorrow, will now not be freed until friday or later. the reason for the delay was not anything clear. if and when what is being bill essay temperatures this come about, the pause is expected to last for four days, as the release of the sausage is spread out over the better part of a week. in return, it is expected that about 150 palestinian political prisoners, also women and children, are going to be released by israel. we should know, the final bill will still be subject to review by israel supreme court. today, deputy assistant brett victor confirmed to msnbc that american children will be among the hostages released, including abigail and don, the two-year-old child, three years old, kidnapped by hamas militants after her parents were murdered in the october 7th attack. advocates and told nbc news that she hopes you can see her family by her birthday this friday. >> she's turning for. to just imagine that she comes home and is with her family, it's our light right now. in such a dark and terribly horrific period. >> they also say that they hope that the framework of the deal, brokered with the help of the united states and qatar, will allow the securing other release of the some 200 hostages remaining in the custody of hamas and other factions in gaza. the white house is stopping short of taking the victory lap today, when the fate of the hostages obviously still uncertain, minute by minute, or finding out developments about what will happen. the deal, again, as struck and as we understand it, will also allow the red cross, crucially, to visit and treat the hostages in gaza. that's been denied to the red cross. they have been trying to get that the moment that the hostages were taken. it also includes additional humanitarian aid, crucially, fuel for gaza. remember, that fuel was basically cut off entirely on october 7th and eighth. since then, the health ministry in gaza estimates that the death toll is somewhere near 14,000. officials there have seen the skill of destruction makes it difficult to capture. about 40% of those casualties, about 1500 are believed to be children. according to one advocacy group, a child dies in gaza every ten minutes. the united nations labeling the territory, quote, a graveyard for children. today, the head of unicef told the u.n. that the pause in fighting is welcomed in negotiated, long lasting peace deal needed to protect for the loss of innocent life. >> we also welcomed the limited cease-fire agreement. we are in a position to compete quickly square up the delivery, desperately needed humanitarian aid in gaza. of course, we're resources are needed, -- the destruction of gaza and killing of civilians will not bring peace or safety to the region. people of this region deserve peace. only a negotiated political solution, one that prioritizes the rights and well-being of this and future generations of israeli, palestinian children, will ensure that. >> such a negotiated political solution appears unlikely in the short term, however. today, benjamin and yahoo adjust the nation, reiterated that his country remains at war. >> translator: citizens of visceral, i wish to be clear. that war continues. we are going to continue with this war until we achieve all of our goals to bring back all of the hostages to obliterate hamas. we are winning, and we are going to continue to fight until we reach absolute victory. >> for now, a brief pause in the fighting, return of some of the hostages, hopefully by the end of the week, beginning of the return of the hostages starting this week, is indisputably the most positive development since the conflict began. david noriega is a nbc news correspondent reporting live from tel aviv. richard stengel is the -- a public affairs, and they both join me now. david, if you can give us what you know about the latest about the timing of this and how, i guess, solid this deal is. >> yeah, chris, as far as we know right now, the only thing that has changed is the timing. the israeli security council told us, told everyone earlier tonight that what was expected to happen for us here in israel pitted this morning, for you guys in the states tomorrow morning, is happening now sooner than friday, but we don't know when it will happen. the core details of the agreement, as we know them, still stand. the exchange of 50 israeli hostages, 150 palestinian prisoners, the allowing of aid trucks into gaza, those details, as far as you know, are still in play. however, the fact that the timing was thrown into question is injecting a lot of uncertainty to what was already an intense and uncertain situation. at the top of the families of hostages since that week here, they have expressed hope, but they also expressed a lot of fear and uncertainty. they say that they still won't be real until they actually see their loved ones released. the politics of this within israel are also playing out in interesting ways. in a press conference that you mentioned, that prime minister benjamin netanyahu gave earlier today, he was clearly finding his right flank, making a point to say to his country is still at war. also saying that he wishes he did not have to release any palestinians in order to get hostages back. i think that is the press he has to pay. however, today, i spoke to some protesters, who were out demonstrating with the families of hostages to say that they actually think that the deal is not enough, that they wish that israel had agreed to release all of the hostages for every single palestinian prisoner currently in israeli custody. here is what those protesters had to say. >> so you don't think they should have lost anyone? >> right. >> it should have been all of the hostages? >> we are in such a bad situation, everything they offered us, we should take. but, i don't know if we could have negotiated for all of them. if we could have released -- their slogan is, everybody for everybody. all the prisoners that we have for all others. >> i should say, chris, that perspective that she just articulated, i have also heard it directly from some of the families of hostages. they are not willing to save it on camera, because they want to have a united front. they want to be seen as processing a deal that allows any other fellow families of hostages some relief in the capacity to reunite with their loved ones. it will be interesting to see if this sort of emerging political colby shin of families of hostages will be divided between families who have been reunited with families in those lab behind, what kind of pressure they might be willing to start putting on the netanyahu government. they are afraid that their loved ones will be forgotten, that this with the fleet some of the urgency in releasing the women and children, or will take away some of the urgency of releasing the of the civilian hostages. it will be interesting to watch how this plays out politically, what role these families will play moving forward, chris? >> rick, let me ask you as someone who served in the state department. this has been an intense focus by the biden administration. there is u.s. interest across the board, one being some of the hostages are american, dual national since. what do you see as the administration's role here. >> i think it's had a big role, chris. from the very start, people that everyone has to talk to. i think the israelis and the white house, by the way, it's mostly the white house here, not the state department, they have been talking from october 7th that they have had a horrific attack. and the israelis have a kind of double interests. they want to get the hostages back. they want to get hamas out of power. i think biden's theory of the case, from the beginning, chris, is that he is trying to help bibi. he's got to show unconditional support for the israelis, in order to have any influence over the israelis, because no one else but the americans have influence over the israelis. i think behind the scenes, the concern in the administration has been the humanitarian issue, getting out the hostages. that's had a big impact. >> let me follow up on that, because i about a theory of the case here. as someone who worked in public diplomacy, the u.s. has not through the public state department, material and support. we are coauthors at the war in many ways. i don't think it's a crush official statement, whatever the outcome is. there are 14,000 people have died in gaza, namely, half of them children, which blows up the population of gaza. you have a leader in netanyahu, who is widely despised in zero. there is a consensus that he'll be out of power once the war is over, and ergo, has every incentive to keep the war going, as long as possible, to save his political hide, and that is the man that joe biden is talking very publicly. >> chris, i think he probably sees it exactly the way that you do. he says to himself, what is my alternative? to publicly criticize him, took it on the side of everybody else, who is criticizing israel? what diplomacy is the already possible. the administration wants to decrease the amount of humanitarian suffering. they want to bring about, ultimately, a two state solution, which he has talked about every time he's talked about it. the best way to do that is to show support on the outside of zero, while at the same time, behind the scenes, saying, b b, you have to do something about this. you had to pause. you had to be much more careful about the humanitarian catastrophe that is unfolding. i think that is what is going on, and diplomats can never really say that. i can say that now because i am not one anymore. >> david noriega, who is with us live in tel aviv, reporting on this. and richard stengel, thank you both. david, thank you for staying up with us, appreciate it, really. peter beinart is the editor at large for the magazine jewish currents, author of the book -- already whenever it comes out. he joins me now. it's good to have you here. talk about -- i want to talk about one detail here that has struck me in the reporting. we know what hamas did in israel, and the fact that there are one year old hostages, three-year-old hostages, unimaginably awful to contemplate, but one other details in the swap is, palestinian prisoners in israeli custody, also women and children. i think if you read that line, you think, wait a second, what is that about? >> right, why are their children in person? obviously, you said, hamas should never have taken those people. it's inexcusable. profoundly immoral, what they did. and they are also, separately, israel arrest a lot of people in the west bank, in particular. remember, the people in the west bank are not citizens that the country. they don't live under the same law as the israeli settlers, they live under military law. the prosecution rate is more than 99%. people held in administrative detention for a long time. >> he don't have the normal due process that you would anticipate in a rule of law democracy. >> the tragedy for me here is that it is hamas by doing this evil thing, that is not bringing us to talk about something that we should have been talking about anyway. >> right, and that obviously is the sort of propaganda trap here. from the hamas perspective, right? they committed the massacre, and israel has been militarily responding. they now are saying, it is a sort of look at us, world. or getting children released from israeli persons. and i think wrestling with the propaganda, probably the very difficult part of being in israeli politics right now. >> this is why i play in the biden administration. they've been in power for several years now. have they done anything to make mahmoud abbas, who does not support terrorism, who does not support -- to make him a winner? how about allowing him to get in power, so you empower hamas 20 due to, and that is the situation that we're in today. >> it looks like we will have some cessation of hamas hostilities for some variation of time. i got to say, and the ten years that i have been doing this, this is one of the darkest, grimacers i have ever covered. it's punishingly dark. the amount of innocent life and the details of the attack, the details of life in gaza, there is very little light. if there is a cessation of hostilities, it's the image of people being able to like bury their dead and gaza, the image of people returning home. some little light -- okay, do we just go back to this for days later? >> the problem is, now israel basically told people in gaza to move into southern gaza. it's one of the most part it pushes on the world, even more crowded, and they have been saying that they'll go into southern gaza. this is a pause that will be followed by massive amount of loss of life, unless the biden administration and other people go in there and say, no, we want a different path. >> but this is the problem. i really do feel this way, i've said weeks ago that i thought basically, this situation has difficult and complicated as it was, there has to be a cease-fire. the scale of innocent life being lost is not support-able. but there is a little bit of like, and then, what problem is for both sides. at the end then, what problem is, will defeat hamas. and then why? nobody knows. multinational, their governments are going to come in. but for the cease-fire folks, okay, there's a cease-fire, and then what? gaza's have destroyed, hamas is still empowered, there are still a bunch of hostages, and then? what >> we desperately need to find some legitimate palestinian leadership that will be willing to take over, that hamas may have to go along with that. hamas may have to go along and accept that in some way, but the point is, you need and empowered palestinian leadership. you can't do it with mahmoud abbas, while he looks like israel subcontractor. >> this is the problem though. what they say is that the military aim is that will get rid of hamas. the same white that like we kicked i.s.i.s. out of massal, and they don't rule anymore, we kick them out of iraq, we'll do it in gaza, at least that is a clear military objective. let's say we stop here, and i think, obviously, that is what should be done. i really do. but then it's like, this anybody have any vision what the path forward after that is? you conquered some vision of some new to ship. >> look, the most popular palestinian leaders, like -- are in jail. you let that kind of job tomorrow, palestinian politics changes in a big way, because you have a legitimate, credible alternative to hamas, and you could talk to him about going to elections and creating a palestinian leadership that you can actually talk to. this is why the netanyahu government has not wanted. this is not easy, but if i were to think outside of the box, it seems to meet that we fit in. >> pass the day after two, which is also part of what makes it so difficult. peter beinart, it was good to talk to you. coming up, as a federal appeals court considers one of the many gag orders of the republican front runner, the brand new shocking revelation a specific danger posed by donald trump's words next. somedays, i cover up because of my moderate to severe plaque psoriasis. now i feel free to bare my skin, thanks to skyrizi. ♪(uplifting music)♪ ♪nothing is everything♪ i'm celebrating my clearer skin... my way. with skyrizi, 3 out of 4 people achieved 90% clearer skin at 4 months. in another study, most people had 90% clearer skin, even at 5 years. and skyrizi is just 4 doses a year, 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officer in the courtroom to show their assessment unit, the court's personal information, including personal cell phone number, had been compromised, as a result of a daily doxxing. she had been subject to, on a daily basis, harassing, disparaging comments and antisemitic tropes. the officer notes, increased number, when donald trump violated a gag order in preventing him from making public on the it's about the courts. they appealed the that gag order last week, and which will remain in place until monday. nbc legal analyst catherine christian is the former prosecutor in the manhattan district attorney office, and they both join me now. lisa rubin, let me start with you. who made the filing, and what context we get the information? >> we got this filing on behalf of judge engoron, made by the office of the court decisions, a lawyer they're effectively representing him in the proceeding. my ask, why does he need his own lawyer here? this is no ordinary appeal. this is a particularly type of lawsuit in new york state where you can sue a government official for unconstitutional, unlawful actions, so what trump is doing here is suing judge engoron himself and therefore, the office of administration talking stepping in as his lawyer. the affirmation that you're referring to was filed by basically the equivalent of a police officer for the court system who works for the judicial assessment unit. >> you work in new york city in the court system and so do. this kind of thing directed a clerk at the court, it's one thing, right, if you run for district attorney and hat, you're going to take some income. there are going to be saying nasty things about you. you may have to worry a bit about security, but you know that when you're doing it. not to say it's okay, but it's just a little bit of a different thing. a court clerk, have you ever encountered a situation and detained at you worked in the new york city court system of that level of public harassment targeted at some