war crimes charges connected to the war in ukraine. u.s. officials announcing gruesome details about what russian soldiers did to an american living in ukraine. in gaza, israel says its troops are engaged in the most intense fighting of the two-month war so far. battling hamas in the heart of gaza's main city. meanwhile, nbc news exclusive, we'll talk to our reporter who has reviewed evidence suggesting hamas raped or mutilated dozens of israeli women on the 7th of october. back at home, dictator for a day, we'll play for you what former president donald trump says he'll do on day one if he's re-elected. and breaking overnight, a suspect in custody after police say he went on an eight-hour shooting spree killing six people. ght-hour shooting spree killing six people and we begin this very busy hour with breaking news from the justice department where last hour attorney general merrick garland announced the doj filed charges against four russia affiliated personnel for allegedly for churg and unlawfully confining a u.s. national in ukraine during the russian invasion. joining us now is ken dilanian, good morning. what do we know about the charges? >> good morning, jose. this is a significant moment for the justice department and they gathered together the most senior law enforcement officials in the government, not only attorney general merrick garland but fbi director chris wray, dhs secretary alejandro mayorkas and a number of senior prosecutors and u.s. attorneys to announce the first ever war crimes charges in this case against four russian soldiers accused of attacking and detaining and torturing an american national in ukraine. take a listen to attorney general merrick garland. >> these charges against four russia affiliated military personnel, the justice department's first criminal charges under the u.s. war crimes statute. they are also an important step toward accountability for the russia regime's illegal war in ukraine. our work is far from done. >> the work is far from done. that was significant because they made clear they continue to investigate alleged war crimes in ukraine and also the attorney general said in response to a question, alleged war crimes by hamas on october 7th. and, you know, what was described in this indictment is horrific on the one hand. and, two, russian commanders are identified by name in this indictment and charged and then two soldiers identified only by first names. and they allegedly tortured and detained and threatened mock execution against this american who was simply a bystander, living in a village in southern ukraine. at the same time, we all know from our consuming many news accounts about this, far from unique, one of many horrific crimes that russian soldiers allegedly committed. but what was significant is that the long arm of the u.s. government reached out, verified this person's account, identified these russians and charged them with federal crimes. they're not in custody, but the u.s. has a long memory with these things and those russian commanders will not be able to travel anywhere where the united states has extradition powers, jose. >> ken dilanian, thank you very much. now to the latest on the israel-hamas war. the israeli military says its troops are involved in some of the most intense fighting so far, the two month war. israeli forces are now in the heart of khan younis, gaza's second largest city. this as the u.n. says food, water and medicine in gaza are running short and civilians are simply running out of places to flee to. ahead of the egyptian red crescent and north sinai tells nbc news, 100 aid trucks are getting ready to enter gaza. he said today, two fuel trucks already entered the battered enclave. and the families of the hostages being held in gaza are worried about the worsening health of their loved ones today. they urge the israeli security cabinet to pause the fighting and negotiate with hamas to get the hostages out. nbc's raf sanchez is in tel aviv for us. israel's ground operation is fueling an increasingly apocalyptic situation for palestinians in southern gaza, what is that situation like? >> reporter: well, jose, apocalyptic may be an apt word. the dynamic is you have most of the population of the gaza strip concentrated in the south in that area around khan younis and at the same time you have very, very intense fighting going on in that area. i was speaking earlier to a man named mohammad, a palestinian british scientist, he's in khan younis. he was telling me he's hearing artillery all around, hearing machine gunfire, and he and his family, 30 members of his family sheltering in a single three bedroom apartment. they're facing the same painful decision that families all over gaza are facing. do they keep going south toward the egyptian border in search of safety, or do at the say where they are, stay in their home, risk being encircled by israeli troops and he said, look, going south would be an enormous leap into the unknown. they don't have enough cars for all 30 members of their family to travel by car, they don't know that they have any shelter in the south, they don't know where they would get water down there, and so for now they feel like the best option for them is to remain in their homes, despite that intense fighting going on all around them. i want to read to you a statement, part of a statement from the u.n. earlier, they said nowhere is safe in gaza, not hospitals, not shelters, not refugee camps, no one is safe, not children, not health workers, not humanitarians. the feeling right now in southern gaza is that there is nowhere to run. the israeli military says they're making progress in their campaign to defeat hamas. they say they found a very large stockpile of rockets, of rocket propelled grenades, but this is a long, long fight still to go. and it is not clear that there is any sign of a cease-fire coming anytime soon. >> raf sanchez in tel aviv, thank you very much. there is growing outcry about reports of sexual violence committed by hamas against israeli women and girls during the october 7th attack. we want to warn you that this discussion may be difficult for some to hear. it certainly is a difficult conversation to have. but it is an important one. there is new exclusive nbc news reporting, the details of wide ranging review of evidence largely from the israeli government, suggesting dozens of israeli women were raped, sexually abused, or mutilated during the terrorist attack. hamas denies allegations of any sexual violence. joining us now is nbc's anna schechter who led the investigation. thank you for being with us. this is such a difficult, difficult story that you are reporting. what did you learn about what happened on the 7th of october? >> thanks so much, jose. well, i started the reporting looking deep at the festival. and the massacre there, and the number of deaths there rose from 250 to 360 over the course of weeks. and many of the accounts and eyewitness testimonies that saw women naked from the waist down started to come in. and immediately after october 7th, i started interviewing the first responders, just on the phone, one person would connect me to the next person and i was getting these eyewitness accounts. the police in israel are leading this investigation. and they have interviewed hundreds of people. they collected hundreds of testimonies. they have 200,000 images to review, according to the lead investigative body. and what we started to pull in were very specific cases like gang rape at the festival, where a woman who was alive was raped, her hair pulled, very specific allegations that were corroborated by another eyewitness, and the mutilation of women's bodies is probably what makes up the broadest and widest range of testimonies from first responders. and even testimonies from the hamas militants that were captured. i started to see a pattern where they were told that they could do things that, you know, other members of society or members of hamas couldn't do. they were allowed to rape women, children, mutilate. it was about targeting people to shame them and that was really a part of the campaign, which is -- has been very troubling, of course. >> i wonder, just -- we actually said, you know, the beginning of this investigation is being carried out, by the police, and the israeli government, et cetera, et cetera. how, in other words, is it by the sheer number of different interviews that you had with people that gives you the confidence to say that this is something that most probably occurred? >> absolutely. there is photographic evidence, there is video evidence, there are videos of eyewitness accounts. there has been an effort to corroborate eyewitness testimony. and so the number that we landed at is actually -- it is conservative. we were very careful. it took us -- i've been working on this with my editor for weeks. and we only put it out now once we were very confident. >> of all of the things you heard, of all of the experiences that you were told, what is it that still stays with you as maybe one of the most difficult ones? >> the children. the first responders who witnessed girls naked from the waist down, bleeding from the genitals, that's the hardest to deal with. >> anna schechter, thank you so much for being with us. really important piece that you are doing and important to talk about. thank you. joining us now is democratic congresswoman debbie wasserman schultz from florida. thank you for your time. always appreciate seeing you. i know you have been, you know, more than most speaking out against sexual abuse waged against israeli women, girls, and children. i don't know if you got a chance to hear some of what anna was reporting, it is just -- it seems as though there was this pattern of evil destruction going on and yet how do you see the fact that there are other groups that simply aren't acknowledging that that occurred? >> jose, it has been clear for weeks that hamas used sexual violence, rape, mutilation and torture to instill fear and shame and utilize that violence as a weapon of war. and that is insidious and horrific and it is a war crime. and israel has made every effort to make sure that this has been spread in terms of their information distribution, so that people understand that israel is -- israelis are dealing with a terrorist organization on their doorstep, and that they are constantly under attack. and that the brutality that occurred on october 7th and this sadistic nature of the attack was incredibly vile. and what is so disturbing is that you have women's organizations, including the u.n. women until recently, with their -- i would say lame acknowledgement and condemnation, have had deafening silence from women's organizations that usually are quick and assertive to condemn sexual violence, and to push and the whole me too movement was about making sure we acknowledged that we believe women, that their words should be taken and there seems to be a what aboutism or an asterisk or exception for the attacks that occurred on october 7th against israeli women and girls. >> and congresswoman, just yesterday three university presidents testified before house committee about the rising threat of anti-semitism on university campuses. congress was asking each of the presidents of the universities, does calling for the genocide of jews violate their university's rules on bullying and harassment. take a listen to some of the responses, if you would, congresswoman. >> calling for the genocide of jews is anti-semitic. >> so, yes. >> that is anti-semitic speech and as i have said -- >> it is a yes? it is a yes? >> when speech crosses into conduct, we take action. >> it can be harassment. >> i have not heard calling for the genocide for jews on our campus. >> you heard chants for intefadeh? >> i heard chants, which can be anti-semitic depending on the context, when calling for the elimination of the jewish people. >> congresswoman, why is it so difficult for some to just be clear? genocide against anybody is pretty clear boundary there. why is it so difficult? >> whether it is being unable to condemn sexual violence and rape against israeli women, or condemn on our campuses anti-semitism and the call for intefadeh and violence and genocide of the jewish people, as violations of their code of conduct, the inability of these leaders to unequivocally call out and condemn this anti-semitism and sexual violence is outrageous and unacceptable. it is what aboutism, and it just demonstrates, this is what is so hurtful and painful, jose, i met with israeli families of the hostages yesterday and it is, like, why is there always an exception for jews? always. every other minority, oppressed group, seems to have people rallying around them when they face oppression, and violence, and when it comes to jews, there is always an asterisk. it is always but what about, or a comparison. and we are among the most oppressed groups, the most extreme minority worldwide, and we have the most precipitous rise in anti-semitism, even before october 7th, and now it is exploded. and we need people to come together and rally around our community, and around israelis and say, this is unacceptable, these are war crimes, and they need to be condemned consistently with no what abouts, no exceptions, no equivocation. >> congresswoman debbie wasserman schultz, thank you for your time. i appreciate you being with us today. >> thank you sao much. coming up, new details about an abortion lawsuit filed in texas, first of its kind since the supreme court overturned roe v. wade. up next, dictator for a day. what former president trump says he would do on day one if he is re-elected. president biden makes it a mission of his own about why he's really running for a second term. we're back in 60 seconds. you're watching "jose diaz-balart reports" on msnbc. s you're watching "jose diaz-balart reports" on msnbc. oh. 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(sniffs) if you like squeaky toys from chewy it is. did i get anything this year? get daily deals on the chewy app this holiday season. i'm still going to eat your socks. no you're not. shop the chewy app for gifts that deliver excitement. 17 past the hour. tonight, four candidates with will face off for the fourth republican presidential debate. the candidate who will not be on stage is the one in the spotlight. former president trump, who is leading in the polls, is raising alarm bells for giving this answer when asked directly if he was going to abuse his power if re-elected. >> i want to go back to this one issue, though, because the media has been focused on this, and attacking you under no circumstances, you are promising america tonight, you would never abuse power as retribution against anybody? >> except for day one. >> except for -- >> he's going crazy. >> except for day one. >> meaning? >> i want to close the border and i want to drill, drill, drill. >> that's not retribution. >> i'm going to be -- i'm going to be -- he keeps -- love this guy -- he says you're not going to be a dictator are you? i said, no, no, no, other than day one. >> so, joining us now is nbc's shaquille brewster and former republican congressman carlos curbelo of florida, an msnbc news political analyst. carlos, can you help explain what is going on there? >> well, jose, really donald trump is saying what he's always believed out loud. he does not believe he is limited by the strictures of power. he does not believe he's limited by the constitution. so, even though he says, well, i'm not really going to do this, he leaves some room, saying i'm going to do it for one day and you saw sean hannity push back there, but trump repeated once again that he felt that at least for one day he -- it would be okay to abuse the powers of the presidency. >> and, you know, this week, former congresswoman liz cheney warned what she thinks might happen if trump gets re-elected. listen to a bit of that. >> do you believe donald trump were elected next year that he would try to stay in office beyond a second term? he would never leave office? >> no question. >> you think he would try to stay in power forever? >> absolutely. he's already done it once. he's already attempted to seize power. and he was stopped, thankfully, and for the good of the nation and the republic. but he said he'll do it again. he expressed no remorse for what he did. >> carlos, these comments, the former president's comments on that town hall yesterday, are they raising any kind of concerns within the republican party? >> definitely, jose. it is why increasingly you see some establishment republicans or maybe nonestablishment republicans because trump is the republican establishment now, rallying around nikki haley. you see a lot of donors now rushing to nikki haley because they believe she is someone who has the opportunity to defeat donald trump if she can face off against him one on one in these upcoming republican primaries. so, people are concerned about donald trump. but at the end of the day, he still has a lot of support in the republican primary field. so, if someone -- if people want this nikki haley plan to work out, this field needs to thin out very soon so she has an opportunity to go head to head. >> and shaq, so the playing field is now four candidates going up on this debate tonight. the leader in the republican party is not going to, once again, be in that debate. is there anything tonight, any of these candidates, these four campaigns can do or plan to do to change things? >> reporter: well, look, this is an opportunity for them. and they're going to try to take advantage of this opportunity. when you really look at the dynamics at play, though, especially with the candidates, the four candidates that will be on stage for this fourth presidential debate, it is really a play for second position right now. you look at nikki haley, you just heard carlos talk about her, yes, she is rising in the polls, especially in those early primary and caucus states, she secured some donor endorsements and organizational endorsements, so she is trying to capitalize on that momentum that her and her campaign clearly feels that they have right now. that momentum that has come at the expense of ron desantis and his campaign, while we did see him on a debate stage with california governor gavin newsom last week, he is trying to boost some energy, push some energy into his campaign, and really show that he is still a power force in this republican party. you can expect to see those two to engage a little bit more on the debate stage tonight. and then you have vivek ramaswamy and chris christie, representing different ends of the party. if there was any candidate to bring on and mention trump's comments from last night, you'll hear that from governor chris -- former governor chris christie. whether or not the fundamental dynamics of the race changes after tonight, that remains to be seen. there is very little evidence that that will be the case. >> and, carlos, during a fund-raiser in boston yesterday, president biden told donors, quote, if trump wasn't running, i'm not sure i would be running. biden later clarified his remarks to reporters. take a listen. >> would you be running for president if trump wasn't running? >> i expect so, but he is running and i have to run. >> would you drop out if trump dropped out? >> no. not now. >> you think these comments are going to change anything, carlos? >> jose what it does is it underlines the symbiotic relationship between donald trump and joe biden. these are two candidates who use one another as justifications for being in this race for president. and they're two candidates that really need each other. if one of them to disappear or to withdraw or stop running