sanchez for cnn's live coverage of the eclipse across it america. that's going to start monday at one eastern, or you can stream it on macs as well. and thank you for joining us, cnn news night with abby phillip starts now did the unconditional >> just become conditional? that's tonight on news nine good evening. >> i'm abby philip in new york and tonight, the foundation of the most important allied relationship, perhaps on the planet suddenly look really relief iron clad, and now it looks like the picture of instability this is the image rattling around the globe tonight, the president of the united states, joe biden, intense conversation with israeli prime minister benjamin netanyahu he cautioned the leader of the middle east, only democracy, the change is required if you wants to keep america on its side. now the two men have been circling these issues for months now, the private disagreements have always had the potential to throw this decades long marriage off track. now, those issues look more and more irreconcilable after a brutal and bloody airstrike killed seven aid workers whose mission was only to feed the starving people of gaza the mood in and around the west wing this week centers on words like these shaken, outraged heartbroken, horrific, unacceptable cnn is reporting tonight, then netanyahu owned the mistake on that call with biden. he admitted that the idf screwed up and assured biden it wouldn't happen again. and word of that promise follows a lengthy and a stern readout from the white house, a document that lists demands of israel announcing and then following through on specific concrete and measurable steps all aimed at stopping more innocence from starving from being blown apart by missiles with that aim now a senior us official tells cnn tonight that the call featured know sparring, no red lines, no specific actions on israel's part that would force the united states to alter how it treats it. but the fact that this conversation, even happened at all represents an undeniable see change for a president and for a country that has always had israel's back >> we will not stand by and do nothing again. not today. not tomorrow, not ever. >> you frustrated with primitive protected yahoo that is not more to cover the things you have asked him to do thank you a little longer than my hope. >> with regard to when is this going to stop? i think it's going to stop when the when hamas and no longer maintains the capacity to murder and a brief views >> quietly working >> with israeli government to get them to reduce, significantly get out aid flowing to gaza is nowhere nearly enough. now it's nowhere nearly enough. the hands of hamas right now in an offer, rational offer really is ever agree to it >> and tonight one democratic lawmaker says that the strike that blew up quite literally seven aid workers was no accident kinda see congressman steve cohen labeled the strike either gross and competence or total disregard for the safety and lives of aid workers. congressman cohen, join me, live now from miami, sir. thank you for staying up with us tonight. i want you to listen to what your colleague and the senate side, senator bernie sanders told cnn earlier today >> tomorrow, mind israel should not be getting another nickel in military aid. untold these policies are fundamentally changed. so if you know, my view is no more military aid to israel when children in gaza are starving >> i'm wonder, do you agree with that? not another nickel going to israel? >> no, i don't agree with that because i think we should help israel with its defensive weapons at any time. but the iron dome, david slang hamas was still shooting missiles, rockets. that is real and i think they've been doing it. i don't know how recently but pretty recently and putting israelis lives at risk i think you might want to put some restrictions on offensive weapons, which israel also needs and wants and the fight to eradicate the threat from hamas, which is right and which needs to be eradicated. but no, i don't think we should ever stop giving defensive weapons to israel to protect themselves from hamas, which has sworn to want to destroy israel from this ocean to the sea, off from the river to the sea. and wants to get rid of the jewish people. that's part of their constitution as part of their mantra it's what they do >> so i just to be clear, i think am i hearing you say that you would support i conditioning or even restricting offensive aid, meaning the bombs that are dropping offensively in gaza, but not defensive aid, like arming the iron don't and other things like that. >> that that's that's right. if if it meant and i will not do what the president is asked, which is to have more aid, more humanitarian aid, more than he's opened up another entry point and the north four says he will for humanitarian aid and another port. >> and i suggested this >> israel to two or three months ago to have more entry points, particularly in the north. and they should have done that. but if they don't do that and if they don't start to have more careful use of their weaponry, they killed three israeli hostages who had escaped and waving white flags. and one of them had gotten out and retreated after his colleagues were killed. and then he came out speaking hebrew and they killed him too. so apparently some of the israeli soldiers we've gotten a feeling about the idf that they're like the folks at one the six-day war and that their, their master military people like moshe dianne, well, they're not and lot of them are young and have been called an action and maybe they're not being told to be more careful and more concerned because they're dealing with a group that just killed 1,200 israelis and they're really emotional about it but no, they net net and i was not good for israel right now. he's a pariah in many parts of the world and he's hurting israel and he's hurt politically, a lot of people who had supported him for years, including president biden. >> so do you trust israel to carry out a thorough investigation as they've promised to do, and for there to be accountability for what happened here and those other incidents that you talked about you're talking about one, but there are many other serving 196 aid workers killed since the start of this war well, we hope they'll do it. i don't know what they'll do. they they said that one of the problems here was that it was at night and that they couldn't see the world central food, food markings on the top of the truck, vehicles, and they may not have been able to see him, but if it was at night, it was interesting. they were able to hit all three of the vehicles travelling ball and a half a part are 1.2 miles apart, hit them all precisely where they were supposed to hit them, their targets, they were perfect and if they, if they have a problem, but night where they can identify the vehicles than they shouldn't be shooting at night. if that's such a problem don't be shooting at night because it's obviously they are not capable of discerning friend from foe to one, one quick thing congressman the white house made it pretty clear that the president wasn't explicit in exactly what they want israel to do it in terms of do this. and this will happen should the white house be crystal clear with israeli officials publicly or privately about what they need to see in order to be assured that enough is being done to provide aid to protect civilians. all of the things that we've been discussing well, i think president biden probably was explicitly clear with net nyu about aid, about protecting >> humanitarian workers, about protecting civilians. and about getting the hostages released. and opening up those poor say, they've opened up the ports already allegedly, that's the white house aside. i don't think we'll see a change in that, but net and i was not done anything. in six months into the war. and hamas needs to be eliminated, but israel needs to be very cautious about how they're using their offensive military tactics so that innocence is every time i see a child who's lost a leg are been killed. it just it's just horrific. it brings trauma to you and tears to your eyes and your heart. and we need to stop that. and when jose andreas address is one of the kind of he's an angel himself. he referred to as workers as angel. he's an angel going into these areas all over the world trying to help people in need. and for israel to have not been capable of getting the information from them which they gave was those cars being on a certain road and what kind of cars they were not protecting them and giving all possible precautions that just it's it's an excusable and the fault goes from the top. and you when you're at the top, you need to accept responsibility. and i don't think net-net. i was ever accepted responsibility for anything he certainly didn't accept responsibility for the champagne he was given in the cigars, he was given a has got him right ready to go to jail because he may go to jail. he didn't want to give up the leadership. he didn't want to give up the position. he wants to maintain power because we didn't have power. he's labile, end up in jail hi, congressman steve cohen. we appreciate you joining us tonight. thank you >> free the hostages >> thank you, sir >> and joining me >> now is washington post columnist josh rogan, also with us, aaron david miller, a former state department middle east negotiator and a senior fellow at the carnegie endowment. aaron, i want to start with you you mentioned we mentioned that israel is now opening the erez crossing and the use of the ashdod port to bring more humanitarian aid into gaza. there was a report about a usa id cable that just this week that said that there was enough flour waiting outside of ashdod defeat about one point five million people for five months. do you think that those moves or a direct reaction to the biden administration and the tone that they've been taking in recent days about what happened earlier this week with those aid workers i do. and every thanks for having me in six months. have you administration has been reluctant to actually refuse to impose a single cost or consequence on for policies that the administration believes undermining american interests. and frankly undermining israeli interests as well. so the one good thing about pressure is a use of the stick. if you don't have to use it and you can credibly argue that if in fact x, y, and z doesn't happen, then maybe you'll have to use it the administration succeeded. i think there's a direct causality. there's no question about it. and the reality is abby, that the administration has asked these really to do something that they can do that they could have done months ago it's political the israeli public is not interested in facilitating assistance to palestinians when hundred and 34 hostages, you're still, are still being held. particularly women are probably been abused and the government had no incentive to do that as well. so i think yeah, i think the fact is the administration who knows it precisely what the president said to the prime minister? about what would happen, what the us might do if in fact, the administration didn't take and prioritize humanitarian assistance seriously. now the question is to monitor and ensure that in effect, areas is open. the israelis become less resistant with respect to inspections. i think franklin it was a good move on. i party administration and it's going to have a good impact just to underscore what you just said. i mean, the proof is gonna be in the pudding. there have been announcements before in the past about things opening up and they haven't opened up aid hasn't moved josh. i mean, you've just recently this week wrote about this issue. you're headline is that as famine looms in gaza, the us humanitarian strategy is failing. i mean, you've been calling for the us to use a carrot and stick approach. do you get the sense that the that, that is the strategy? this moment and is the concern now inside the us government, what you're concerned about, which is imminent famine and the need to get just basic hygiene products into gaza. >> right? well, i generally agree with everything that aaron said. i'm just a little less impressed by the administration's move and the israeli reaction because as i pointed out in that article 1.1 million people are facing catastrophic food insecurity in northern and central gaza 30% of children under the age of two in northern gaza are facing acute malnutrition. famine is imminent. in for 1 million people. and if you think about that and then you look at what they've done, okay. well, we didn't use pressure. we threatened to use pressure and they promised to do something to alleviate it. maybe it'll work out, maybe it won't. the record shows that these threats are less effective in getting the israelis to fulfill their promises, then we hope and it's just woefully insufficient to deteriorate their address. they deteriorate rating and catastrophic situation in gaza, in my opinion, and i think that's just a reflection of the fact that the administration is still not really willing to do anything concrete to address the larger problem which aaron alluded to, which is that it's not really about opening one more opening here or a port there. there, there's thousands of trucks sitting at the ports that are already opened, that are delayed by an onerous there's an arbitrary inspection process that turns away things like scissors in medical kits or sleeping bags because they're the color green or dates because they have pits in them and the pits somehow our threat to the israeli army and this kind of capricious and arbitrary inspection processes exacerbating the suffering of millions of people, many of them starving. so i think that for sure we could say that this is a small step in the right direction. but to see the biden administration just dragged into making this decision by the mounting criticism, both inside the democratic party around the world, around the region and so reluctantly the edge towards the idea of using pressure is excruciating not for just us as americans who don't want to be complicit in what amounts to the watching the star, an ally star of a millionaire to some people, but also the damage that it does to us credibility around the world and our ability to confront any other countries that are using food as a weapon of war. so i'm i'm, i'm, i can't say i'm optimistic. i hope this has followed up by a lot more accurate. >> yeah, there's still a lot to be seen not just said, but seen on the ground in terms of how this all plays out, josh rogan and aaron david miller. thank you, both very much. >> thank you >> next, it's a one-two punch to trump's legal state legal teams as courts reject efforts to end two of his criminal cases. again, in stem, i'll talk with some legal experts about what happens next. and no candidate for no labels. they officially will not feel that third party candidate i'll discuss what happened happens next with that group with my panel plus one of the nation's biggest research universities is firing dozens of employees. it's the consequence of a state laws that is targeting diversity, equity, and inclusion. you're watching news >> when these business owners need yes fast, they turn two bids to credit to fund what's next from fitness studios to medical offices and every small business in between. we've got you covered whether you need new equipment, funds to expand or need money to cover unforeseen business expenses, bids to credit is the trusted partner for your small business funding needs scan the code on your screen now or go too busy to credit.com to apply this to credit funding. what's next >> i was just sharing ship i always to wash day. >> now let's >> crying. >> sad i was diagnosed with rob, no mouse acoma. >> once we got the first initial hit, it was just three tiers, sickness and your stomach just don't want to get up out of bed >> that statement. well, you got to look on the bright side of things tell me what the bright side of childhood cancer is >> it's a long road. it's hard >> but st. joe's has gotten us through st. jude children's research hospital works day after day to find cures and save the lives of children with cancer and other life threatening diseases thanks to generous donors like families never receive a bill from st. jude for treatment, travel, housing, or food. so they can focus on helping their child without all of those donations, st. jude would not be able to do all of the exceptional work that i do for just $19 a month >> you help let's continue the life-saving research and treatment these kids need. >> no matter if it's a big business or just the grandmother that donates once a month? they are changing people's lives and that's a big deal >> join with your debit or credit card, right now. >> and we'll send you this st. jude the t-shirt that you can proudly wear to show your support >> our families support ever grateful for donations, big and small, because it's completely james our lives and it's given us a second chance >> st. jude's not going to stop until every single kid gets that chance to walk out the door to this hospital cancer-free >> please? >> don't wait. call go online or scan the qr code below, right now >> it's better outside with ninja cook outs, with master grills, the char barbecue smoke, and they are for weekends are better with life cpu fillers that keep ice or date average temperature drawers for dry foods experienc the difference at moon pod.co hypostyle alvarez at the white house and this is cnn it's been a rough legal day for donald trump. he was hit with two major setbacks in the classified documents case and also in that georgia election subversion case for more on all of this, i want to bring in former watergate prosecutor nick ackerman, along with senior editor of above the law, joe patrice nick, judge cannon didn't dismiss the case, like trump wanted, but she also left open the possibility that this issue of the presidential records act could come up. again. why would she do that? >> i think she just couldn't bring herself to admit that she was wrong either that or she doesn't really understand what the presidential records act is. it's one or the other the progress along act by the way. >> yeah. i >> mean, it's pretty straightforward. yeah. just simply says it's a civil statute that says all presidential papers belong to the people, the united states period, the end, it has nothing to do with any of the allegations in this case. and what she has done is she justified her crazy request to both sides to come up with a jury instruction on the presidential records act. and yet she's still doesn't admit that that was stupid. and she's leaving it open to what might happen during the jury and stuff direction. so the real problem dilemma that jack smith finds himself in is how does he make sure that this case does not go to a jury where a jury is sworn in, jeopardy attaches, and then judge cannon suddenly comes up with a crazy charge about the presidential records act, which is totally off base. but yet could wind up acquitting donald trump and the government is stuck because the double jeopardy and jack smith, he wanted this to be dealt with now and it was not. so what does he do now? >> well, i mean, now now the the stakes are does he go to the 11th circuit and say, hey, i want a writ of mandamus here. that is a drastic step. it is the ultimate go to your room. thing that an appellate court can say to a district judge but at this point, i feel as though that's what he has to try. right? you're right. i mean, it's very hard to get an appeals court to actually intervene at this time. you don't have an automatic right to appeal and a federal case, what you can do under extraordinary circumstances is to get