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Anderson Cooper 360 Degrees

Heavy Shelling In Northeastern Gaza Tonight; CNN Speaks To Family Of Hostage Found Dead In Gaza; IDF Vows To Keep Looking For Hostages And Fight In Gaza; Sources: Hamas Demands Israel Stop; Israeli Hostage Emily Hand Turns 9 Years Old; Colorado Judge Rejects Bid To Remove Trump From 2024 Ballot; Migrant Crisis In San Diego; Surge In Migrant Crossings Strain Local Resources; Jewish World War II Veteran Speaks Out Against Anti-Semitism; Rosalynn Carter Enters Hospice Care Alongside Husband, Former President Jimmy Carter; Aired 8-9p ET

Aired November 17, 2023 - 20:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

ERIN BURNETT, CNN HOST: Tonight, former First Lady Rosalynn Carter has entered hospice care at her home in Georgia, according to the Carter Center. Her family revealed earlier this year that she had been diagnosed with dementia. Her husband of 77 years, the former President Carter, entered hospice care for health issues earlier this year. He is the longest living US president, now 99 years old.

Thanks very much for joining us on this Friday night. AC 360 begins right now.

[20:00:35]

ANDERSON COOPER, CNN HOST: Good evening. Earlier tonight, our CNN crew witnessed what Correspondent Nic Robertson call perhaps the most intensive fire over northern Gaza that he's seen in days. We got a live update from Nic in a moment.

Israel's Channel 12 News is reporting on what it says is a copy of a police report that shows the number of people killed on October 7th in the Nova Music Festival is much higher than previously believed. In the week after the attack, it was believed some 260 people have been slaughtered, now 364 people were, according to police -- according to Israel's Channel 12.

Also, according to that news channel, police also say that 40 festivalgoers were kidnapped and taken into Gaza. Israel's military today announced that it recovered the body of a second hostage from near the Al-Shifa Hospital. Noa Marciano is her name. That's her picture. She was 19, a corporal in the IDF, and she had been kidnapped from Nahal Oz kibbutz.

The IDF announced they had recovered the body of a 65-year-old grandmother, Yehudit Waiss, yesterday. She was also found near the hospital. It's not known whether the two were found together.

Today, President Biden spoke about the hostage situation with the leader of Qatar, who brokered ongoing negotiations. However, three sources, including two Israeli officials, tell CNN that Hamas has demanded Israel stop flying surveillance drones as part of any hostage deal. The sources say Israel uses those drones to track Hamas' movements and thus is unlikely to accept that request.

Nic Robertson joins us tonight from Sderot, Israel, not far from Gaza with the latest. So, Nic, we showed those heavy bombardments in northern Gaza. What's the latest you're seeing now?

NIC ROBERTSON, CNN INTERNATIONAL DIPLOMATIC EDITOR: Still hearing explosions. An hour or so ago, there was -- there were exchanges of gunfire, trace arounds. We can see over -- in this direction and, in fact, looking over there, now I can see there's a glow in the sky that wasn't there before. So that's clearly an aftermath of a blast over there right now. So the fight is still going on, not as intense as what we were seeing earlier on today.

But as you were mentioning there, really sad news for two families of hostages. And I meant -- went to meet one of those families today.

(BEGIN VIDEOTAPE)

ROBERTSON (voice over): Yehudit Waiss is the first Israeli hostage discovered by the IDF since their full incursion began almost three weeks ago. The dearly loved 65-year-old grandmother, a mother of five, was already dead.

OMER WAISS (through translator): Yesterday, we were heartbroken for the second time in a stronger way. When they told us about father, there was still hope that mother would return, and yesterday, we were told that we will not see our mother and grandmother again.

ROBERTSON (voice over): Her husband, Omer's father, Shmuel, was killed October 7th when Hamas stormed their home in Be'eri kibbutz. But even now, her death a mystery. The IDF claimed she was murdered by terrorists.

ROBERTSON (on camera): Has the IDF been able to tell you how she died?

WAISS (through translator): They could only tell us she wasn't killed on the day of the attempted rescue. They don't know if she was murdered in Gaza or her remains taken into Gaza.

ROBERTSON (voice over): Early Friday, the body of a second hostage was recovered, 19-year-old IDF corporal, Noa Marciano, discovered, like Yehudit, by the IDF in a building near the Shifa Hospital. A Hamas propaganda video released this week, that CNN is not showing, claimed she died as a result of an Israeli airstrike. Omer is sure his mother did not.

ROBERTSON (on camera): You said you knew for sure that she wasn't killed in an airstrike. How do you know that?

(WAISS speaking in foreign language.)

ROBERTSON (on camera): But you know it?

WAISS (through translator): Yes, we have to trust in military. And we trust they do everything to free them without harming them.

ROBERTSON (voice over): As fighting continues around the Al-Shifa Hospital and across northern Gaza, the IDF estimates another 237 hostages are still missing and are vowing to continue their search and fight in the south.

REAR ADMIRAL DANIEL HAGARI, IDF SPOKESPERSON: We're determined to keep advancing. This will happen anywhere Hamas is found. And they're also in the southern strip.

ROBERTSON (voice over): CNN cannot independently verify events inside Gaza as phone and Internet services are cut due to fuel shortages. A doctor at the Al-Shifa Hospital was able to reach the Qatari news network, Al Jazeera, telling them, "We lost most of the intensive care patients who were on ventilators due to the lack of fuel and oxygen."

[20:05:09]

He also claimed there was no water and electricity in the main buildings and said food supplies promised by the IDF are insufficient, hundreds of patients and children suffering. For Omer Waiss and his family, a new type of suffering now, hope and fear replaced by loss.

WAISS (through translator): We waited for mom for 40 days. For mom, it's too late. We need to try everything we can in order for the hostages to be returned, all of them, as quickly as possible.

ROBERTSON (voice over): For Corporal Noa Marciano's family, too, a closure of sorts at her funeral in a war of abundant loss, heartbreak is never that far away.

(END VIDEOTAPE)

COOPER: Nic, what is the latest you've heard about these hostage negotiations?

ROBERTSON: There's very little that's really breaking the surface that's new. I think a couple of details that seem to have some currency at the moment, debate within the Israeli government about whether or not there should be some of the women and children released or all of the women and children released together. Of course, Hamas also saying that all the drones, the Israeli drones, should be taken out of the sky over Gaza. That's a new precondition that they're putting forward.

I think the central part, though, at the moment, is the focus does seem to be on the women and children, and some families of hostages that I have talked to say, particularly of men, they say they're a bit worried about that because they want everyone released. They really want the women and children released and the elderly people as well. But they are concerned if the men aren't freed now as well, then they could be stuck there for a very long time -- Anderson.

COOPER: Yes. Nic Robertson, thanks.

Joining us now is Rami Igra, former Chief of the Hostages and the MIA Unit of the Mossad, also Retired US Army Brigadier General Mark Kimmitt, former Assistant Secretary of State for Political Military Affairs.

Rami, when you hear about some of the terms of a hostage negotiations are being discussed, fuel trucks into Gaza, multiday pause in fighting, stopping drone flights over Gaza, which of these points do you think Israel can negotiate and which are completely out of bounds?

RAMI IGRA, FORMER DIVISION CHIEF OF MOSSAD HOSTAGES & MIA UNIT: I think that most of the times that we're-- terms that we hearing are non-negotiable. The Israeli are not going to go for what the Hamas really wants. The Hamas really wants is for us to stop the war, for us to forget the 7th of October, and for them to continue as it was the day before.

The drones in the sky are essential for this war. They will continue. The release of part of the women and part of the children and not all of the hostages will create, in Israel, a terrible situation in the future. What are we going to do with the parents of all these soldiers which are, you know, obviously going to be kept for the last?

And the pause that the Hamas wants, that will make it very difficult to restart the war the day after. And as we've said yesterday, these demands that the Hamas are now posting are really a non-negotiable situation.

And if you ask me, the only way that we are going to see any advance in the release of hostages is when the pressure on Hamas becomes a lot stronger than it is today, meaning, the minute that we start dealing with the south of the Gaza Strip, the Khan Younis area, you will see the Hamas crumbling.

Here, I want to note something that your reporter didn't say. What has happened in the last couple of days is that the most -- the closest people to Sinwar have been killed. And Sinwar is now feeling our breath very close to his neck.

COOPER: General Kimmitt, what would fighting in the south look like? I mean, they have told hundreds of thousands of people -- hundreds of thousands of people have gone to the south, Khan Younis and other places, very overcrowded conditions. You know, that -- there are some aid trucks coming across. But obviously, people are in dire straits there. How tough -- what does that kind of fighting look like? Where do those people go?

BRIGADIER GENERAL MARK KIMMITT (RET.), US ARMY: That's a very good question. I'm quite mystified at what they mean by fighting in the south. Obviously, most of the humanitarian efforts are down in the south. The Israeli Army specifically said, move to the south.

[20:10:07]

So, if they're talking about the types of operations where you're actually going in among these civilian populations, I -- that just mystifies me on how they would do that. I would not suspect that there are tunnels down there the way we saw in Gaza City, but this is going to be probably even a tougher fight than they found inside of Gaza.

COOPER: Rami, what does fighting in the south look like to you? I mean, if there are hundreds of thousand -- I mean, you know, there's 50 people living in homes, you know, people are just sleeping anywhere they can. What does that look -- how do you operate in that environment?

IGRA: Well, the south is a big -- in the south, there are several areas. We've been asking the Gazans to move to the Muasi area, which is the area closest to the sea. And this is where the big tent cities have been established.

Fighting in the south in Khan Younis does not mean that we are fighting in the same area. And as you have seen in the last couple of weeks, the fighting is very surgical. It is slow. It is very methodical. We are trying not to reach any of the non-combatant population in the Gaza Strip. And I think that there is no way that we can eradicate the Hamas without dealing with most of its forces that have been -- that have fled to the south.

Now, again, one little note, the noncombatant population in the Gaza Strip is really a non-existent term because all of the Gazans that voted for the Hamas, and as we have seen on the 7th of October, most of the population in the Gaza Strip are Hamas. Nonetheless, we are treating them as noncombatant. We are treating them as regular civilians, and they are spared from the fighting.

COOPER: General Kimmitt, the idea of negotiating do not fly drones for a given amount of time for several days, as hostages are being let go, if that is the sticking point, that seems unlikely that the IDF would agree to that. I mean, talk about just the importance that drones have right now in this war for Israel.

KIMMITT: Well, let's be very clear. When you're fighting inside of the city, your eyesight goes about one block to the next very high building. But when you use drones, you have far better visibility of the entire area.

When you're looking at it from approximately 500 feet in the air, you can see the enemy coming at you. You can see the enemy running away from you. You have a better idea if they're repositioning.

That's one of the dangers you have inside urban operations is your lack of visibility of the surrounding area because of the buildings in the area. But that is taken care of if you can get something, an eye in the sky, as we talk about, which gives much better ability to see the region.

COOPER: Yes. General Kimmitt, appreciate your time, Rami Igra as well.

Today is the ninth birthday of one of those hostages, we want to point out. Emily Hand is her name. Her father was in Times Square, has a billboard with photos of Emily, went live today.

You may remember Thomas Hand, the dad, was interviewed by our Clarissa Ward. He said when he was initially told that his daughter was dead, that he thought it was the best news. Those was his term -- best news -- because of what he believed her life in captivity would have been like. He was later informed that no DNA of his daughter had been found where she was last seen in the kibbutz, and that it was highly probable she was alive and a hostage.

Today, Thomas Hand says his prayers that his daughter will be home for Christmas.

Next, breaking news. A major ruling in Colorado moments ago in favor of the former president, but one where the judge still says he, quote, "engaged in an insurrection."

Also, the border crisis, from the perspectives of residents in San Diego, the deal with the constant stream of migrants who crossed the border onto their land and camp out. Details ahead.

(COMMERCIAL BREAK)

[20:15:51]

COOPER: A short time ago a Colorado state judge decided that the former president will remain on the ballot in Colorado should he win the Republican nomination for president. However, well, a decision against the application of 14th Amendment's ban on insurrection and serving in the office is a win for the former president.

The judge was scathing her assessment of his conduct on January 6th. One point, Judge Sarah Wallace writes, "The court finds that Petitioners have established that Trump engaged in an insurrection on January 6, 2021, through incitement, and that the federal -- the First Amendment does not protect Trump's speech." However, she says the ban does not apply to presidents.

I'm joined now by our Justice Correspondent, Jessica Schneider. So, talk more about the judge's decision here.

JESSICA SCHNEIDER, CNN JUSTICE CORRESPONDENT: This was actually really a lengthy decision by the judge here, Anderson, 102 pages. In it, it's a bit scathing at times. She goes minute by minute through Trump's actions on January 6th leading up to the Capitol attack. She talked about her words incited, in her words, lawless violence. She talked about how Trump did nothing to stop the violence and how he did, in fact, engage in an insurrection.

And notably, this is the first time a court has come to that conclusion. But despite all that, the judge did stop short of taking Trump off the Colorado ballot. In fact, she ordered the Secretary of State to keep him on the ballot.

And, Anderson, that's because of the specific language of the 14th Amendment. So Section 3 said that certain officials cannot hold office if they've engaged in insurrection. But the judge noting here, President of the United States is actually not specifically listed under Section 3 of the 14th Amendment.

She wrote this. She said, "Part of the court's decision is its reluctance to embrace an interpretation, which would disqualify a presidential candidate without a clear, unmistakable indication that that was the intent of Section 3 of the 14th Amendment." So really saying because the constitution does not explicitly state a provision for a prospective president to be removed if they engage in insurrection, that Trump has to remain on the ballot here -- Anderson.

COOPER: So what happens next?

SCHNEIDER: So, it is likely that the group that tried to get Trump off the ballot, they will probably appeal to the Colorado Supreme Court. It's actually a group that includes several Republicans. So, they have to file their appeal to the Colorado Supreme Court by Monday. The appeal there, it actually could be heard pretty quickly.

[20:20:07]

And then ultimately, Anderson, there is a very good chance that this case could ultimately heard by the -- be heard by the Supreme Court. But we know the Supreme Court is solidly conservative. The majority of the justices, they're really sticklers in adhering to the exact text of the constitution.

So it's likely that Trump would ultimately end up victorious at the Supreme Court. But it is very likely that we'll see the challenges go up through the appeals court and probably end up at the Supreme Court. Thank you.

COOPER: Jessica Schneider, thanks so much.

I want to get some perspective now from CNN Political Commentator and one-time campaign advisor to the former president, David Urban, also CNN Legal Analyst and Former Assistant US Attorney Elie Honig, and Former Federal Prosecutor Jessica Roth, who's now a professor of the Cardozo School of Law.

[20:20:46]

So, Jessica, what's your reaction?

JESSICA ROTH, FORMER FEDERAL PROSECUTOR: This is an extraordinary opinion and, as you heard, it's 102 pages.

COOPER: Extraordinary in a way that it's scathing?

ROTH: Extraordinary and it's scathing, and it's also the choice that the judge made here. So she ruled in Trump's favor on a very specific legal ground, that he was not in an office or covered by the section of the 14th Amendment.

She could have stopped there, but instead, she has essentially 100 pages of fact findings -- factual findings against Trump that are just devastating, finding that he intended to incite violence, that he actually engaged in insurrection.

She also has findings, for example, that he knew he had lost the election, but facts that are highly relevant to other criminal -- to other cases, criminal cases that are pending as the president. So, just the breadth of what is covered in this opinion is extraordinary. And the substance of the findings, they're just devastating.

COOPER: Why do you think she went into that level of detail (inaudible)?

ROTH: I think what she's trying to do is make sure that this case can be resolved as expeditiously as possible. So, if an appellate court in Colorado or the supreme court of the united states ultimately overrules her on the legal determination, she has provided those courts with the factual findings such that she can just essentially substitute a new ruling based on her factual findings, if a court disagrees with her ruling. She won't have to have a new trial or issue a new opinion applying the law as those appellate courts find it to the fact. She's done it already.

Elie, is this what you expected, based on the other states which kept the former president on the Republican primary ballot?

ELIE HONIG, CNN LEGAL ANALYST: It is, Anderson. And I think we've discussed this on air. The fundamental reason these lawsuits keep failing is because we simply don't know how this works. We don't have a process in place.

Yes, the 14th Amendment tells us anybody who engages in insurrection is disqualified. That's important. The problem is in the 150 years or so since that was passed, neither the Constitution nor the Supreme Court nor Congress has given us any guidance as to how it works. And what we cannot do, we collectively, is invent a process now on the fly and then apply it retroactively because that would violate the 14th Amendment's due process provision.

And I think this is why, Anderson, we've seen now every official who's considered this, Republican and Democratic, state -- secretaries of state, and now four different judges, including Democratic nominees, who have all ruled against these motions, who have all ruled in favor of Trump, but all for different reasons because we simply don't have a procedure in place for how this works.

COOPER: And, Elie, we read part of the ruling which said that Trump engaged in an insurrection is the first time a court has determined that he did engage in an insurrection. Does that matter from any legal standpoint?

HONIG: I think it does matter legally. As Jessica said, if there is an appeal, the judge has made a very careful record here to support her findings. She held a two-week trial. Much of it is drawn on the materials that were already in the public record. She draws heavily on the record established by the January 6th Committee, which I think is a testament to the ongoing importance of their work. So it's important both sort of politically and atmospherically, but also legally as well.

COOPER: David, I mean, how big a boost is this politically for the former president despite a scathing, you know, rebuke from the judge of his behavior? DAVID URBAN, CNN POLITICAL COMMENTATOR: Yes. So, Elie and I had talked about this earlier, Anderson. I think that if the judge were to have found that this was violative of the 14th amendment and took Donald Trump off the ballot in Colorado, it would have been a boon politically for the president because he would have pointed -- the former president would have pointed to the fact that here we are again, look, what at they're doing. They're trying to -- an unelected judge -- or excuse me, like in this case, an elected judge in the state of Colorado, partisan, is trying to do what Joe Biden can't. Beat me.

And so by failing here, I think that Democrats did themselves a favor by not playing right into the president's hands. It would have been -- they would have been shouting from the rooftops. This now kind of goes quietly into the night.

By the way, Anderson, I would say that if this was such a slam dunk, I think Merrick Garland and Mr. Smith, you know, the prosecutor here, the January 6th, they're examining this would have taken it, would have taken it up. Instead, the president wasn't charged that -- the January 6th -- charging to the federal level.

COOPER: It is interesting, Jessica. I mean, it was a number of conservative scholars who backed this idea. We -- I've talked to a couple of them on the program. And they have an argument for the fact that, yes, the language does not specifically say "the president," but it does talk about -- I forget what the actual language is. They believe it covers the president, even though it doesn't say it does.

[20:25:21]

ROTH: Right, so there's a dispute among scholars about what actually the language encompasses. And it's a historical question in large part. What did the framers -- or those who adopted the 14th Amendment, what did they intend this clause to cover?

And she, in her opinion, cites the evidence that was presented to her, including other provisions of the Constitution that are relevant for her determination of what this provision means. And she makes a finding that she's persuaded that this section doesn't cover the president as an officer.

That's clearly something that an appellate court could disagree with, looking at the historical evidence about the intention of the people who drafted the 14th Amendment Section 3. So that's a really clean issue, in a sense, to go up on appeal as a purely legal question that probably should be decided by the United States Supreme Court ultimately.

COOPER: Elie, do you think that's where this is headed ultimately?

HONIG: I do think it could well end up at the US Supreme Court. And what the judge does in this decision, further to Jessica's point, is really thread a very fine needle. She says the 14th Amendment applies to officers, but officers does not include the president. Now, that may sound very unusual to normal, sensible people, but the judge points at other areas in the constitution where there is a distinction. For example, the judge says, if we look at the impeachment clause, it says that the president, vice president, and officers shall be impeached, dot, dot, dot. And therefore, the judge basically says, where the constitution means to differentiate between the president and officers, it does so. And if it just says officers, that does not include the president.

But I agree with Jessica, this issue is ripe for appeal, and we could see it go up.

COOPER: David, do you think Democrats will try to use the judge's rebuke of him in this? I mean, I don't know that really plays particularly. Does it matter?

URBAN: Yes. You know, I don't think it matters. I think this is going to be a one-day story. And Democrats will be wise to move on.

As Elie pointed out, it's been a loser in each instance. Every state, it's been tried. As you pointed out, Republican secretaries of state have looked at this and said, not a winner here, move on.

And so I would think, look, if Democrats doesn't win, go to the ballot box. Beat the guy fair and square in November.

COOPER: Right. David Urban, Elie Honig, Jessica Roth, thanks so much.

Just ahead, the crisis at the southern border, land owners along the border expressing growing frustration over the flow of migrants onto their property. CNN's David Culver went to southern California to investigate. What he saw next.

[20:30:00]

(COMMERCIAL BREAK)

COOPER: After days of meeting with world leaders at the APEC Summit in San Francisco, President Biden today met with Mexico's president, highlighting the strong relationship between the two nations.

In remarks, they also addressed the growing migrant problem with Mexico's president praising Biden for his immigration policy.

That same sentiment isn't shared by many landowners along the southern border who say their lives are complicated by the surge of migrants crossing into the U.S.

CNN's David Culver traveled to Southern California to investigate.

(BEGIN VIDEOTAPE)

DAVID CULVER, CNN SENIOR NATIONAL CORRESPONDENT: So that's where it ends.

JERRY SHUSTER, SAN DIEGO COUNTY RESIDENT: Behind this. CULVER: Where the border wall ends --

J. SHUSTER: This is where they walk through.

CULVER: And that's Mexico.

J. SHUSTER: That's Mexico right there.

CULVER: Is where the nightmare begins for Jerry Shuster.

J. SHUSTER: One after the other time just walk outside of the fence and out in America.

CULVER: Many of the migrants then set up camp here in San Diego County, in Shuster's backyard. We find trash, tents, and fires fueled by Shuster's trees.

J. SHUSTER: They chopped them up and they put them on the fire.

CULVER: We find other landowners along California's southern border equally frustrated. Five miles west of Shuster's property, we plan to meet Brian Silvas.

But before he gets there.

Pretty simple cross over into the U.S. and like that family, it's not that hard. They just step in and they're here.

The group hurries on as Silvas arrives.

BRIAN SILVAS, SAN DIEGO RESIDENT: This is pretty much the edge.

CULVER: What do you want on your property?

SILVAS: Not my property, the United States. I don't want them to come in illegally. Why do they got to come all the way -- why do they got to come here? Why don't we post that Border Patrol right here? All right here. And just say, nope, you guys ain't coming in.

CULVER: But that doesn't happen. And what if you were --

SILVAS: You've seen whatever on over there, what's going on.

CULVER: Over there is less than half a mile away. We find Customs and Border Protection agents leading small groups of migrants to CBP vans.

UNIDENTIFIED MALE: You're going to be OK.

CULVER: And medical volunteers doing what they can.

DIANA CANTU, U.C. SAN DIEGO: We did see some COVID down in one of the other areas we stopped.

CULVER: I hear coughs.

CANTU: Everybody. UNIDENTIFIED MALE: I was not aware that there were as many people out here until this morning.

CULVER: Helping to feed them, Sam Schultz. He's turned this nearby youth center into his makeshift kitchen.

SAM SCHULTZ, FEEDS MIGRANTS: I cannot abide as a Christian to see people hungry and thirsty. Now, I can understand why people are angry about these people coming across because it is a very strange and unusual and technically and completely illegal.

CULVER: That doesn't stop Schultz from helping. We follow him to his next stop and find a crowd so big that Border Patrol needs buses.

For years, migrants who crossed illegally would run from law enforcement, terrified to be caught. Here, we watch them run to them eager to be processed, knowing they'll be released in a few days to await court dates that could be years away.

It all seems so orderly. They're given a tag for their carry-on, line up to show their documents, which are then scanned using an app. And then handcuffed to each other before boarding.

After what can be several days in CBP custody, the migrants are then bused north into San Diego.

Each day, several hundred are released at this makeshift logistics hub funded by San Diego County. It's here, non-profits help coordinate travel to other cities.

JIM DESMOND, SAN DIEGO COUNTY SUPERVISOR: But now our San Diego County tax dollars that should be going to issues that we have here in San Diego County, are going to migrant and immigration issues, which should be managed and handled by the federal government.

CULVER: A senior CBP official tells me that they work to ensure releases are done in a safe location and that they give the migrants essential support. The strain on local resources, one of many challenges.

As I find out, communication is another. Spanish and English no longer enough.

Kazakhstan.

UNIDENTIFIED MALE: Uzbekistan.

CULVER: Uzbekistan.

[20:35:00]

UNIDENTIFIED MALE: Turkey.

CULVER: Turkey. Wow.

UNIDENTIFIED MALE: Uzbekistan. CULVER: Uzbekistan.

UNIDENTIFIED MALE: Chinese.

CULVER: China.

MARIA SHUSTER, SAN DIEGO COUNTY RESIDENT: The government should do something stop this illegal immigration. Stop it, because they don't helping us. They're destroying us.

CULVER: Shuster and his wife, Maria, say they support lawful immigration.

You're from where originally?

J. SHUSTER: Yugoslavia.

CULVER: From Yugoslavia. And Maria?

M. SHUSTER: I'm from Mexico.

CULVER: Title 42, a public health measure invoked during the pandemic, used to allow authorities to turn away migrants at the border. But that expired in May and the Shuster's tell me in the last six months, the surge of migrants onto their property has become unbearable.

You're not allowed to tell them to get off your property?

J. SHUSTER: No. I cannot move. I cannot tell.

CULVER: Who told you that?

J. SHUSTER: That Border Patrol and sheriffs.

CULVER: A senior CBP official tells me that stopping people from entering private property or rescuing people for trespassing, that's a local law enforcement responsibility.

So I asked the San Diego County Sheriff's Department about that and they told me that the migrants would likely just be cited and released a short distance away. And this would scatter asylum seekers and further complicate CBP's response efforts.

SILVAS: The Border Patrol agents, I know that they didn't sign up to be Uber because that's all they are right now is Uber.

I understand. Hey, this country was built on immigration. I'm fine with that, but not like this. This is ridiculous.

CULVER: Silvas suggest we stay through the night and see for ourselves. So we do. We capture this from a camera we set up in another part of Silvas' property.

Look at this massive group crossing. And see the headlights on the Mexican side? Likely a smuggler who dropped them off.

As the sun comes up, we find Shuster already awake, looking onto his yard as yet another bus is being loaded up.

CULVER: When you look at that, what goes through your mind?

J. SHUSTER: Well, I think this needs to stop. It's just not good for our country at all. That this needs to really stop.

(END VIDEOTAPE)

COOPER: David Culver joins us now. So what isn't Customs and Border Protection Monitor Patrol those open sections, especially if the landowners are asking for it?

CULVER: Yes. I think this is what's really frustrating for those landowners. And the fact is Border Patrol is there. You saw that in our report. They're working all hours. They're really exhausted, those agents. But they also have limitations.

A senior CBP official tells me that Border Patrol does not have the authority to stand on the border, Anderson, and push people back to prevent them from entering the country. They have to let them come in. They then take them into custody. They inspect them and they process them.

And what was fascinating to me and my team is nearly every single migrant we came across seemed to know the deal. Somebody who had gone ahead of them, either a loved one or a friend, relayed it so they knew what to expect. And they were looking forward to getting closer to those CBP agents just to start the process, Anderson.

COOPER: And are people applying -- are all these people planning on applying for asylum? Because, obviously, that process is broken and takes years to even get it here.

CULVER: That is a really important point. A lot of them aren't quite sure what process they're going forward with. Many of them, ultimately, do go forward with asylum.

But you're right, if they do, their court cases are months, if not, years delayed. But in that time, they're able to be out and about within the U.S. And so a lot of them have --

COOPER: But they're not -- but they're not allowed to work legally. They're not allowed to work legally if they're applying for asylum.

CULVER: No.

COOPER: Yes. It's -- yes.

CULVER: They are not. No. They're not. But, yes -- but they're able to find ways to at least sustain themselves as they put it.

COOPER: Yes. David Culver, thank you. Appreciate it.

Next, how a nearly 100-year-old Jewish World War II veteran is using his voice to fight against the disturbing rise of anti-Semitism.

(COMMERCIAL BREAK)

[20:40:44]

COOPER: In an effort to tackle growing anti-Semitism and Islamophobia triggered by Hamas' October 7th attack, the Department of Education has launched investigations into alleged incidents at seven schools across the country. The first investigations of this kind by the Department since the attack on Israel. Six of those schools, universities.

Gary Tuchman sat down with a Jewish World War II veteran who's using his voice to teach students about the Holocaust and today's explosion of anti-Semitism.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Hilbert Margol, who lives in Atlanta, is three months away from his 100th birthday.

Just before his 21st birthday, Army Private First Class Hilbert Margol, a Jewish soldier, was deployed to fight the Nazis in World War II.

HILBERT MARGOL, WORLD WAR II VETERAN: And when the Battle of the Bulge broke out, they rushed our three infantry regiments as fast as they could get them over there.

TUCHMAN: The Battle of the Bulge was ending as Hilbert on the right and his late identical twin brother, Howard, on the left arrived in occupied France.

The two gunners and their 42nd Rainbow Infantry Division ended up in combat and headed across the border to Germany.

MARGOL: We couldn't be more than three yards away from our howitzer, because we could get fire missions morning, noon, or night.

TUCHMAN: On April 29th, 1945, the brothers Margol investigated a horrible odor they smelled. After about 15 minutes walking through the woods, they saw an open-trained boxcar in the German city of Dachau.

What did you see in the boxcar?

MARGOL: Nothing but deceased bodies. We had a little Brownie box camera we had delivered right a couple weeks earlier. So we decided, well, let's go ahead and take a picture of that boxcar, which we did.

TUCHMAN: The brothers knew nothing about Nazi death or concentration camps, but Hilbert and Howard were among the first American soldiers on the scene. They were the liberators of the Dachau concentration camp, where more than 40,000 people were murdered by the Nazis.

UNIDENTIFIED FEMALE: Are we going walking before we eat dinner?

MARGOL: No, I don't feel up to it.

UNIDENTIFIED FEMALE: You don't feel up to it. OK.

TUCHMAN: Hilbert and his 94-year-old wife, Betty Ann, had been married for 75 years. For most of those years, he didn't talk about the war, didn't reveal his emotions. But several years ago, he was an honored guest at the United States Holocaust Memorial Museum in Washington, and walked through a train boxcar exhibit.

[20:45:08]

MARGOL: This was a very nice looking boxcar. But when I got in that boxcar to walk through it, that's when I broke down.

TUCHMAN: Hilbert Margol has since been on a mission to teach and inspire. He speaks to schools and organizations.

UNIDENTIFIED MALE: Ladies and gentlemen, let's give a warm welcome for Mr. Hilbert Margol.

(APPLAUSE)

TUCHMAN: Late last week, it was to hundreds of students at Atlanta's St. Pius X Catholic School.

MARGOL: Found out later it was close to 32,000 prisoners in those barracks when we were there that Sunday morning.

TUCHMAN: But he's never considered his speeches more important than he does today because of what happened in Israel on October 7th.

In all the years you've been back from war and it's been almost 80 years, have you ever seen anti-Semitism in this country as bad as it is today?

MARGOL: No. I've had some incidents in growing up Jacksonville, Florida, then in business. But nothing, nothing like it's happening now.

TUCHMAN: Hilbert's son, Jerry, says he's never seen his 99-year-old father struggling with his emotions like he is now.

JERRY MARGOL, SON OF HILBERT MARGOL: He wants to talk about it and go a little deeper, but he can't. It's too painful to think that all this could happen over again.

MARGOL: If it doesn't slow down, if it doesn't change --

TUCHMAN: The anti-Semitism.

MARGOL: Right. Then who's next?

TUCHMAN: Before we left Hilbert Margol, we thanked him for his heroism.

MARGOL: Never considered myself a hero, because to me, the hero, the true heroes of those that didn't make it back. Those are the true heroes. (END VIDEOTAPE)

COOPER: And Gary Tuchman joins me now.

Now, what an incredible man. I mean, incredible life and also at this age to be so engaged in doing that with students.

TUCHMAN: I mean, his presentation was magnificent and he did it all the entire hour without notes.

COOPER: Wow.

TUCHMAN: And he also operated a PowerPoint presentation to show pictures.

COOPER: Really? Wow.

TUCHMAN: And hour speech, 15 minutes of shaking hands afterwards. He never sat down. He stood up the whole time.

COOPER: Wow.

TUCHMAN: This reminds me when we did this story, today, the youngest World War II surviving veteran who was 18 years old in 1945 when the war ended, today is 95 or 96.

COOPER: Incredible.

TUCHMAN: So if you're lucky enough to know World War II veteran or if you're lucky enough to meet a World War II veteran, don't forget to say thank you.

COOPER: I just re-watched the Pacific and Band of Brothers on HBO on Max and it's incredible.

TUCHMAN: Magnificent.

COOPER: Both are just so incredible. But the -- I mean, the fighting that those, you know --

TUCHMAN: I feel the same way you do.

COOPER: Just incredible. Gary Tuchman, thank you.

Next, an update on the former First Lady Rosalynn Carter as she enters hospice care alongside her husband, former president, Jimmy Carter.

(COMMERCIAL BREAK)

[20:50:52]

COOPER: Former First Lady Rosalynn Carter has entered hospice care. The Carter Center says she joined her 99-year-old husband, former president, Jimmy Carter, in end-of-life care at their home in Plains, Georgia. The 39th president started hospice care. You may remember nine months ago, Mrs. Carter is 96 years old. She was diagnosed with dementia in May. The couple just celebrated their 77th wedding anniversary in July.

Randi Kaye has more.

(BEGIN VIDEOTAPE)

JIMMY CARTER, FORMER UNITED STATES PRESIDENT: I knew that she was quiet, she was extremely intelligent. She was very timid, by the way. Beautiful. And there was just something about her that was --

OPRAH WINFREY, AMERICAN HOST: You're blushing.

J. CARTER: Irresistible. I can't help it.

RANDI KAYE, CNN CORRESPONDENT: Jimmy Carter telling Oprah why he fell in love with his wife, Rosalynn. The Carters grew up together in Plains, Georgia, before tying the knot in 1946. Theirs is the longest marriage in the history of U.S. presidents. They celebrated 77 years together this year.

As he tells it, he took Rosalynn to a movie on their first date and was smitten.

J. CARTER: The next morning, my mother asked me what did I do when I knew I had a family reunion. I said, well, I had a date. She said, who'd you go with? I said, Rosalynn Smith. She said, what did you think of Rosalind? I said, she's the one I'm going to marry.

KAYE: They married after he graduated the U.S. Naval Academy. He was 21. She was 18. Their decades-long marriage has had its challenges, but shared interests seem to be the glue.

Over the years, they skied, fly-fished, and bird-watched, and read the Bible together every night. Both volunteered with Habitat for Humanity.

ROSALYNN CARTER, FORMER UNITED STATES FIRST LADY: I'm going to talk a little bit about Jim, and he's not going to like it.

There has never been any kind of damage at all to Jimmy Carter's heart.

(APPLAUSE)

I knew he had a good heart.

KAYE: On the campaign trail, Jimmy Carter called his wife his secret weapon. Rosalynn visited more than 40 states during the 1976 presidential campaign. After her husband became president in 1977 --

J. CARTER: I, Jimmy Carter, do solemnly swear.

KAYE: The Carters teamed up in the White House. When he lost his bid for re-election, they moved back to their same home in Plains, Georgia.

In this interview, Barbara Walters wanted all the details.

BARBARA WALTERS, JOURNALIST: I don't know how to ask this, so I'll just ask it.

J. CARTER: Go ahead.

WALTERS: But do you sleep in the double bed or twin bed?

J. CARTER: Double bed.

R. CARTER: Double bed.

J. CARTER: Oh, is that. Sometimes we sleep in the single bed, so it makes more comfortable in a double bed.

KAYE: Rosalynn has been by his side through it all. Skin cancer that spread to his brain in 2015, a mass on his liver, a broken hip. Jimmy Carter has credited his loving marriage for the reason he's otherwise been in good health.

The Carters had certainly slowed down with age, but have still been enjoying a full life, with four children, 12 grandchildren, and 14 great grandchildren.

According to The Washington Post, the couple had a Saturday night routine of walking a half mile to a friend's home for dinner and a single glass of chardonnay. They also managed to figure out what else it takes to keep their love alive.

[20:55:01]

J. CARTER: First of all, we give each other plenty of space to do our own thing.

KAYE: And their love only seems to have grown stronger. Jimmy Carter has said marrying Rosalynn was the pinnacle of his life.

UNIDENTIFIED MALE: When you look back, what are you most proud of?

J. CARTER: In my entire life experience, I would say it was marrying my wife Rosalynn. She's been a very profound beneficial factor in my entire existence and still is.

(END VIDEOTAPE)

COOPER: That was Randi Kaye reporting. We wish them the best.

Coming up next, a preview of Sunday's The Whole Story. CNN's Nima Elbagir makes it into Sudan to report in the atrocities of civil war in the country where she was born.

(COMMERCIAL BREAK)

COOPER: This Sunday night, I hope you'll join me for a new episode of The Whole Story. CNN's Nima Elbagir has a deeply personal report. She returns to Sudan, her homeland, to try and make sense of what has happened to her country being ripped apart by war.

Few Western journalists have been allowed to into Sudan since the war broke out seven months ago between the Sudanese army and the paramilitary, Rapid Support Forces. Take a look.

(BEGIN VIDEO CLIP)

NIMA ELBAGIR, CNN CHIEF INTERNATIONAL INVESTIGATIVE CORRESPONDENT: As the sun sets, our situation becomes more precarious.

We've just been held at every, almost every single checkpoint, despite all the assurances we were given. It's now ten o'clock at night and we still hour and a half before our destination.

Every moment that we are delayed, it gets more and more dangerous.

And delayed again and again and again.

Luckily, we managed to get in touch with a distant cousin of my father's, who allows us to bed down in her new, not-yet furnished home. The team is exhausted. We need to get some sleep.

(END VIDEO CLIP)

COOPER: Well, The Whole Story this Sunday, 9:00 P.M. Eastern Pacific right here on CNN.

The news continues. "THE SOURCE WITH KAITLAN COLLINS" starts now.