dropping 20-plus points they were nation the vegas aces who swept for a chance to repeat the chance, game one sunday. finally, simone biles making more history at the world gymnastics championships. in belgium she did this, the first woman to land the yurchenko double pole vault. in women's competitions there are five moves or elements named after bulls, in vault, core, and balance beam. i get dizzy just looking at that, kasie. incredible, super human. >> that's just astonishing. she's amazing. absolutely amazing. always, life, sport. i want to watch that over again. coy wire, thank you very much in sports this morning. appreciate it. thank you, all, for being up here with us, i'm kasie hunt. don'go anywhere, "cnn this morning" starts right now.

good monday morning, everyone. so glad you're with us. hope you had a nice weekend. the sun finally came out in new york. >> it was many days. >> hope your weekend was sunny and nice. we've got a lot of big news to get to this morning. five things to know for monday, october 2nd. the government stayed open for now but washington is bracing for another chaotic week. speaker mccarthy's leadership job is on the line. gates told cnn he will file a motion to remove mccarthy as speaker this week. >> happening today donald trump said he'll be in court in person for the start of his high stakes civil fraud trial. breaking overnight, gavin newsom speaking a replacement to fill dianne feinstein's seat. >> search is underway in upstate new york for a 9-year-old girl who may have been abducted. she vanished while riding her

bike at a state park. >> for the second state week, taylor swift showed up at a game as the chiefs narrowly, and i stress narrowly, beat the jets. cnn this morning starts now. just made the crew in here very happy by saying narrowly beat the jets. >> it's about moral victories for the jets, not actual victories. >> in washington, a week ahead for house speaker kevin mccarthy as he fights to keep his job. there is a right wing revolt to oust the speaker. it comes as he prevented a government shutdown at the last minute. >> i do intend to file a motion to vacate against speak jr. mccarthy this week. i think we need to rip off the band aid and move on with new leadership that can be

trustworthy. the one thing everybody has in common is nobody trusts kevin mccarthy. >> mccarthy will likely need help from democrats to get a hold onto the gavel. one caucus where he might struggle to find support is the congressional progressive caucus which has more than 100 people. >> would you vote to get rid of mfk car think? >> would i cast that vote? absolutely. i think kevin mccarthy is a very weak speaker. he clearly has lost control of his caucus. he has brought the united states and millions of americans to the brinks waiting until the final hour to keep the government open. >> let's bring in cnn congressional spokesman lauren fox. the message i got from one democrat was keep our powder dry. they want to see where this goes from here.

>> they could be the determining factor. the question becomes what are democrats willing to do? is there a price that they would be willing to try and extract from mccarthy that would be worth it from them. that is what democrats are trying to figure out right now. members should not be going and trying to cut a side deal with their republican friends. instead the argument from leadership, this was very clear from the democratic whip last night, is if this comes to the floor, we are going to have a caucus meeting, we are going to discuss this as a family and we will move forward as a unit. the concern is what the implications could be if democrats just freelance on this issue. there are a couple of factors. the trust with speaker mccarthy is not high. yes, they avoided a government shutdown, but just to give you a sense of the distrust that's

happening, in the morning hakeem jefferies and mccarthy were supposed to have a conversation around noon on saturday. instead what happened was jefferies got a whip notice it was time to vote on the floor on a short-term spending bill. he was caught off guard i am told from sources familiar with those conversations and obviously that is just another sign and that's really sort of looming over the week as we stare down what matt gates is going to do. here is mccarthy yesterday. >> he's coming for you. can you survive? >> yes, i'll survive. this is personal with matt. he's more interested in securing tv interviews than doing something. he wanted to push us into a shutdown even threatening his own district with all the military people there who would not be paid only because he wants to take this motion. so be it. bring it on. let's get over with it and let's start governing. >> reporter: mccarthy allies have started having conversations with democrats

about whether or not they could agree to some kind of rules change, power sharing agreement would that be enough to get some democrats to ensure that mccarthy wasn't ousted. again, this is a conversation that leadership says membership need to be having as a family, as a caucus. this is not something they want members going out and deciding on their own, zblil a lot of steps including some procedural to come on this before anything final happens. the 47 day stopgap bill does not include any supplemental aid for ukraine. what happens there? >> this is a huge question mark. you heard from president biden yesterday that he believes that there was some kind of agreement. mccarthy's office has not responded. they won't say if there was any kind of an agreement on ukraine aid, but this is an issue that is a top priority for republican and democratic leadership in the united states senate. there was a joint statement that came out on saturday night after the stopgap measure passed saying they were still committed to getting ukraine aid across

the finish line. a lot of steps ahead, but obviously this is still a top priority and something that leadership wants to make clear to ukraine and president zelenskyy, that they are not for getting about this issue. they are not just leaving them behind. >> lauren fox for us. thank you. california governor gavin newsom is set to appoint emily's list president butler to take over the seat. she will be the third black senator in u.s. history. conch law joins us live.

>> this is something that a lot of them didn't see coming. she is someone who has a long list of credentials. you mentioned emily's lest. but she was also the senior adviser to kamala harris during her presidential campaign and she has been the head of one of the most powerful unions in the state of california. she has a long list of credentials. her appointment does fulfill a pro promise, an important promise to appoint a black woman because kamala harris vacated her senate seat to become joe biden's running mate. to do this she will be the only black woman to serve in the u.s. senate. she will be an historical figure. she will be the first black lesbian to serve in the senate. governor newsom tweeted that he hopes she will continue to break glass ceilings just like senator feinstein. as you mentioned, poppy, absolutely. this scramble's a race.

you have three members of congress running for this senate seat, adam ship, katie porter, barbara lake. it is about to get much more crowded now because the governor is making this appointment without any preconditions. >> it's really interesting, not only is she the only black woman to serve in the current senate, which is something that governor newsom got some criticism from before, but the other point is she's got some really interesting background in the private sector, in union work. so that's just going to be interesting to see how that plays out in the senate. >> yeah, certainly, especially in this race. should she decide to continue and run in this primary and then in the election, yeah, it's going to be very fascinating to watch. >> thank you very much. phil? also this morning, about four hours from now donald trump is set to appear in person as his new york civil trial gets underway. he arrived at trump tower last night after campaigning in iowa

ahead of the january caucuses. they're seeking $250 million in the case against trump, his eldest sons and their companies. they're accused of significantly inflating the value of their properties to banks and insurers for years. we're live outside the courthouse. there will certainly be optics reasons but from a substantive perspective, what do we expect today? >> well, phil, good morning. the former president is going to attend this trial today. he's going to square off against the judge who has already dealt a major blow to him and his business and for trump the stakes couldn't be higher. >> donald trump falsely inflated his net worth by billions of dollars to unjustly enrich himself and to cheat the system thereby cheating all of us. >> reporter: a monumental moment for former president donald trump, his family and the company that bears his name. the new york attorney general's

civil fraud lawsuit alleging trump, his adult sons and his business engaged in a decade long fraud begins in a manhattan courtroom today. attorney general letitia james says trump and others pumped up the value of multiple properties, mar-a-lago, the family home in new york known as seven springs, trump tower and numerous golf courses. by doing so she alleges trump lined his own zblokts mr. trump and the trump organization saved an estimate 1d $50 million by receiving favorable interest rates that were only provided based on the false and misleading statements of financial condition. we also believe that he illegally saved millions of dollars in federal tax benefits. >> reporter: the case will be decided by new york state judge arthur n.goran who has already found trump engaged in persistent fraud for a decade writing in a ruling that trump is living in, quote, a fantasy

world and he canceled business certificates for several trump entities. james is still seeking to hold the trumps individually accountable and prove they conspired, issued false financial statements and issued in insurance fratd. >> i don't know what i did wrong. >> this is the first case to tarnish the image trump carefully crafted as a successful businessman and used to cat a pull the himself to the white house. james is planning to call 28 witnesses during the trial including the former president and all three of his adult children. trump's former fixer, michael cohen, whose testimony on capitol nhill who kick started the investigation is on the list. >> it was my experience that mr. trump inflated his total assets when it served his purposes, such as trying to be listed amongst the wealthiest people in "forbes" and deflated his assets

to reduce his real estate taxes. >> reporter: trump has denied any wrongdoing. >> this is the greatest witch hunt in the history of our country. >> reporter: and claims that attorney general has unfairly targeted him. >> she developed a political platform and made a career out of maliciously attacking me and my business before she even understood or was elected or reviewed one of the millions of pages of documents we willingly produced. >> reporter: so opening statements are expected to get underway when court opens this morning. the judge has set aside as much as three months for the trial and, phil and poppy, this is just the beginning of what is becoming a very crowded trial season for trump as he is facing indictments on four separate charges. >> right. the fact that he had to postpone a deposition in a different case to be in court today for the civil trial says a lot about all

of the cases on his plate. thank you, kara. back to you soon. the high court, the supreme justices -- supreme court justices back on the bench today taking up some major cases at the start of the term. we'll tell you what they are ahead. 4,000 workers represented by the u.a.w. union avoiding a different strike overnight. and late night getting back into gear. >> i'm happy they eventually got a fair deal and immensely proud of what our union accomplished. i'm also furious that it took the studios 148 days to achieve a deal they could have offered on day [ bleep ] one.

there is an urgent search underway in upstate new york for a 9-year-old girl. officials say charlotte sinna was last seen friday. police say charlotte had been biking with a couple of friends when she decided to do one moore herself. didn't come back. the family is pleading for anyone with information to come forward. >> no tip is insignificant. so if anyone has any information at all, saw anything in the vicinity of the entrance to the monroe lake state park or are camping here and have any information at all -- >> state police say her bicycle was found shortly after she went missing. we'll keep you updated on this.

anyone with information is urged to call police. new this morning, a strike has been averted for nearly 4,000 united auto workers members after their union reached a tentative agreement with mack truck in florida, maryland, and pennsylvania. the word first coming in a social media post from the uaw just before midnight. details of the agreement have not been disclosed. of course, this dispute is separate from the big uaw strike against all of detroit's big three. executives at ford says the two sides are getting relatively close to a deal on wages and benefits. we'll keep watching that one. a last-minute push by house republicans over the weekend to strike a deal narrowly avoided a shutdown. it includes natural disaster aid but no additional funding for ukraine or border security. some republicans think the house gop didn't get enough out of the deal. one of those republicans is the former president. >> we have to keep our government going but i thought the republicans got very little.

i think they got very little. i think they could have done a much better deal and it was a life saver for biden. it was a life saver for the democrats. >> joining us now, cnn's senior political analyst john avlon and erroll lewis. welcome, gentlemen. >> good morning. >> happy monday. >> good morning. >> put the former president aside for right now for any number of different reasons. erroll, on the idea of matt gates went on with jay tapper, made the big announcement he's going to make his move. mccarthy says bring it on. the reality is 200 plus republicans support mccarthy. very small group. i'm thinking big picture. >> it shows the fault lines and it forces them to come to reality. i think matt gates may have overplayed his hand. we'll find out. the reality is without even involving the democrats, there are enough avenues there that the republicans can this what

are the w-- thwart what he is trying to do. for someone to come out and call matt gates a schaar llewill he . he meant it. he's one of the 18 republicans in pro biden districts whose survival is at stake. it's those 18 versus matt gates and the 21 hard liners who are going to fight for control of the republican conference. i like mccarthy's chances of steering a course through those. they're sort of equal in numbers and he's got often his side common sense and the willingness to try and run the government. matt gates wants to blow up the government over how appropriations bills are handled? the good news is they

avoided a shutdown. the far viet trying to hold the country hostage, trying to hold mccarthy hostage. at some point mccarthy has to say, as he is, bring it on. >> he is hae literally saying that. now, look, let's not forget, i don't think democrats are going to bail out mccarthy. certainly the progressives aren't. >> it was very clear. >> speakers don't need to be members of the house. wouldn't this be the time to be liberating. if it can't be kevin mccarthy, what is if they put forward don bacon. we need to stop having these parties polarization drive all of our politics and be beholden to the extremes. this is as good a moment as any for that moment of truth. >> erroll what does it mean beyond the 47 days, let's hope we get through it, let's see what happens with ukraine funding and border funding. he leads a conference that he cannot promise there will be 218

votes behind those. >> that's been the problem all along. >> right. but it is -- it is so clear now. >> it is -- it is -- right. it is very clear and he's unable to do -- it's not considered a formal aspect of running the government but it's a political reality that if you shake hands, metaphorically or literally with the president of the united states, and say you're going to do funding at a certain level and this is going to see us through the year -- >> on a government deal. >> the government deal for may and you come back and try to reopen it, undo it, nothing works. nothing in the system is designed for that level of instability. and i think that's really one of the lessons here. it's the instability that almost forced catastrophic cuts for families and the government. if that's what we're going to see the week before thanksgiving, what it says is we've got a level of instability

that this system just is not going to allow. >> but we do in the republican conference. this is not just a kevin mccarthy problem. before him john boehner and paul ryan couldn't corral their far right. every shutdown has begun with a republican house. this the is a problem in the republican congress with the far right being far too powerful. a wall street journal joke. it's like being in line to be henry viii's next wife. i appreciated knew the gingrich waying in it. and laphonsa butler is the replacement. there is a very heated democratic race. what's your take now that this has been snamd it was named quickly. >> it was done quickly. gavin newsom was playing

califor california politics. outside of san francisco this may not make sense. it may seem like identity politics sort of taken to an extreme. he announced what the criteria would be. the criteria didn't necessarily make a lot of sense in terms of getting one of the candidates over the finish line. he's decided both that it was going to be a black woman he was going to appoint but that it wouldn't be anybody who was currently running. it would be a caretaker position. you know, there's a lot of different ways to do your politics. that wasn't necessarily the best way from a governance standpoint, his politics. again, his california politics, sure. >> abortion. absolutely. everyone knows what that is. they work to elect democrats who are -- who support abortion

rights. >> so none of his progressive base in california can do that. it sets him up for the national run we're all expecting. that's what it is. now will this end up in the best senator long term for california? we'll need another year to figure that out. >> john, erroll, thank you. stick around. donald trump back in new york this morning. he's actually going to be in court, his choice. he'll be there in person for a high stakes civil fraud trial. and the new york jets coming off back-to-back losses looking to shake it off, see what we did there? taylor swift was there. we're going to talk about it because everyone is. that's next.

the power goes out and we still have wifi

to do our homework. and that's a good thing? great in my book! who are you? no power? no problem. introducing storm-ready wifi. now you can stay reliably connected through power outages with unlimited cellular data and up to 4 hours of battery back-up to keep you online. only from xfinity. home of the xfinity 10g network. ladies and gentlemen, the eras tour continues. she's in the building to check out the jets and the chiefs but more specifically travis kelce. >> taylor swift's football era continues putting the nfl on the map. she's putting the nfl on the map. the second straight week she watched travis kelce.

>> her trip to met life stadium closely documented as you can see. cameras cut to her oh, just 17 times. she showed up with some famous friends. her presence adding to the swirl of questions about her relationship with kelce. >> did you know there was a game last night, too? a football game. it was a pretty exciting one with the kansas city chiefs beat the new york jets 23-20. joining us to discuss this budding romance, constance grady and case wickman. guys, appreciate you being here. the thing that i actually appreciated about this as both an nfl fan and be somebody who enjoys taylor swift's music is it's just fun. i don't want to think too deeply about it and yet everyone is talking about it. the why? >> i mean, she does literally have song called mastermind so, you know, taylor swift sees what -- or we see what taylor swift wants us to see. it's just fun, you know? she's the queen of the easter egg. she's dropping clues everywhere.

it's fun to watch her and she knows that. >> you know what's interesting, first of all, she's with donna kelce, the player's mother, who i just love, love, love. they look like they're having a lot of fun. taylor's last relationship was very private. >> yeah. she was -- >> so this is different. >> she was with joe elwin for six years and they were very rarely photographed together, seen together. she wrote a lot of songs she dedicated to him. that was all we saw of their relationship. this is kind of a return to form for her. before her joe elwin relationship she was photographed a lot with her boyfriends. she kind of would use the photographs as sort of teasers for the songs that would come next and i think we're seeing that a little bit here. that's part of the fun of this relationshipor potential relationship is you can just sort of think what song is taylor swift going to write about dating a football star. that sounds cool. >> and terrifying if you're the football star.

this is not me, but to play devil's advocate i had a friend say this is all an act, flight she's on -- i'm not going to name names. i don't want anybody to get destroyed on social media for ever challenging taylor swift. one of those times went straight into her movie and is already sold out everywhere. is this real? >> maybe? yes. yes. they're spending time together. they're -- i mean, they're both very much in the public eye and are very aware of that. yeah. i mean, there hasn't been any hard confirmation from either side. no one's, yes, got my -- tnt. but, you know, they're definitely spending time together. it's definitely good for both of them, i'd say, no matter what. they're raising each other's profiles. i mean, i am not a habitual

sunday night football watcher and i watched -- i watched the taylor swift game last night. >> the taylor swift game. guys, that says it all. not the jets/chiefs games. >> we have a lot of jets fans in here who are more than happy to give that to taylor swift. >> the nfl already rates really high but now ratings are up even more. she was on his podcast. who does this help more? >> i mean, i think very clearly taylor swift does not need help to go mainstream in a way that travis kelce does. he's a big deal. he's won two super bowls but he is only now starting to cross over into the mainstream. since she showed up at his game last week for the first time, sales of his jersey have gone up 400%. he's picked up over a million followers across social media. this is really making him a mainstream star in a way he never was before. it's good for taylor's profile too but she does not need that kind of help. >> it's good taylor swift finally putting travis kelce on

the map. it was important for people to figure out he's okay at football. their podcast is great okay. shout out to lun a, your daughter. >> luna! >> thank you, guys. appreciate you. simone biles doing simone biles things. the incredible vault she pulled off that's now named after her. also, attorney general merrick garland responding to accusations of political bias in the justice department. >> your critics say it's time to ruin mr. trump's chances in the election. >> we're going to show you his answer to that question next.

the justice department has general practices about not making significant overt steps for charging within a month or so of around election. we are clearly outside of that time frame and these cases -- >> your critics say it's time to ruin mr. trump's chances in the election. >> well, that's absolutely not true. justice department prosecutors are non-partisan. >> that was attorney general merrick garland last night responding to donald trump and critics who argue that the former president's current legal mess was engineered to sabotage his 2024 bid for the white house. trump is expected back in court

in just hours. the new york attorney general's fraud case is there. he's accused of enbe riching himself by inflating the valid u of properties that launched him to fame. >> everything i touched turned to gold. well, new york is doing great, i will tell you, whether it's 40 wall street or whether it's trump tower or any of the other things we own is doing great. >> i'm really rich. >> i'm very rich. i built an unbelievable company. the money you're talking about is a lot. >> err roll lewis and john avlon are back with us. just note his legal bills are still being paid by donors given his wealth. today we talked about this when the judge first came out with a summary judgment. this is the thing that gets at the heart of donald trump and who he is, my understanding is he's pretty upset and angry about it, is part of the reason why he's actually physically showing up today. what's your sense of what happens going forward here. >> he's in a lot of trouble. this does strike at the heart of things.

it's different from all of the criminal cases. put all of that aside. this is long standing practices by donald trump for which he's now being held to account and what this could do is cancel his ability to easily do business in new york and really harm his ability to get financing, to continue to sort of run his real estate empire. that is -- that's real serious. and, frankly, as the clip suggested, it goes to the heart of who he is and his public presentation. and so this kind of undermines a big part of his case. even his political opponents back in 2016 never really went there and said, you know, he's kind of a fraud as a businessman. he kind of lies about the value of his properties. he's not as rich as he says. nobody really got into that. a court might end up finding that and that could have -- that introduces a new part of the political conversation that we have not heard up until now. >> i think that's -- i think that's right. i think also the fact that trump's going to be in court today where he's tried to avoid, you know, situations where he might be under oath because he takes this so personally i think

makes it a moment that is worthy of our attention. this is not the kind of, you know, coverage that's procedural. this is a big moment for the exact reasons that erroll said. this is a guy whose entire rise is predicated upon the idea that he's a very rich, successful billionaire. >> the fact you said that because it's a civil trial, he doesn't have to be in court. he will have to be in court for the criminal trial coming up. >> yes. >> he didn't go to the e. jean carole trial for example. what does this tell us about what's important to him? >> it's all about the money. it's all about the benjamins. michael cohen made this point. this is something that's been hiding in plain sight. it's not like getting al capone. he's taking this personally. the judge's initial -- that was blistering. >> the judge gets to decide this one, not a jury. the same judge. >> it's a great point because the former president attacked the judge along with letitia james in a social media post

last night. you're a lawyer. would you advise attacking the judge? >> oh, no you don't. especially if there's no jury. it's one thing to attack the process and the court because you're trying to sort of identify one or two jurors that you can flip to your side. in this case the judge is the whole case and the judge is going to determine the law and the judge has already determined as a matter of law that this is somebody who has committed a lot of fraud. so he's really kind of be on the back foot. he's kind of coming in here as an underdog. that's probably why he's showing up in person but, no, you don't attack the court. you don't attack the law. they repeated the same arguments over and over again and the judge slapped it down, sanctioned the lawyers, fined them each $7500. this -- you can't just keep saying it. like i get it. he says this is how real estate is done. i've lied about trump tower for years. it's only 58 stories tall but i charge people more if i say it's 68 floors. the judge has said, you can't do

that to an extreme and you don't get to put an asterisk at the bottom of it. everything in my financial statement has not been fully audited. it might be a lie. that's not how you do commercial business. that's really what the judge has said. attacking him for saying that, i don't know if it's going to change his mind. >> attacking the judge, attacking the court, attacking the system of laws is what donald trump does. this is a place where he could get in trouble. >> one thing to note, it's not a jury because that's what donald trump's legal -- >> it's in the a jury. >> that's going to be interesting to see how that choice plays out. merrick garland last night -- >> yes. >> -- everyone might not have seen it last night. scott pelly did a brilliant interview with merrick garland. at one point later in the interview merrick garland chokes up and he is talking about democracy and his family history and some of his family members fleeing the nazis, not surviving. it was just really interesting to see that perspective from him

zbirch all of the incoming that he's facing, all of the criticism for how the department has handled a number of the folks here, including the hunter biden probe. just given his history and to see that from him i was struck. >> that's the legacy we all are here to defend, all our families. we forget sometimes in the day to day thrust and perry of politics that's what's really at stake is democracy, self-government. that's something we should feel emotionally about. merrick garland is getting heat from those at the left saying he didn't move fast enough. donald trump and others saying he's been radical. this is about equal justice and the law. defending principles that are bigger than all of us. it should provoke that kind of emotion. >> thank you guys very much. erroll, john, appreciate it. it's too hot in the twin cities. an annual marathon in minnesota canceled hours before it was supposed to start. poppy, how did you let that happen? >> i know. that's all my mom was talking

about how hot it was at home. i feel for those folks all looking forward to the run. you do not expect this in october in minnesota. >> no, but you don't want to run in hot weather. >> don't you know. from freedom of speech to gun access, the supreme court has a busy term ahead. a really significant one for the country. we'll break it down next.

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