season. with his teammates and usc. and the successful surgery that he had, but he is on the up and up and obviously i'll dedicate this season to bronny because of the incident that happened this summer and, you know, understanding that it just puts everything in perspective no matter what is going on. you know, in your life at that point in time, only thing that matters is your family. >> jimmy butler was in touch with his emotions too showing up to the heat's media day in what he called his emo look wearing all black. lip and eyebrow piercing and his teammate could not keep it together during the photo shoot. and this is great because this was last year, he showed up this way last year. so you have to love having a teammate like that in jimmy butler. >> that is something else. all right, coy, thank you very

much. let's i'm kasie hunt. don't go anywhere. "cnn this morning" starts right now. ♪ good morning, everyone. hope you had a good evening. good morning. >> good morning. >> a lot to get to. five things to know for this tuesday, october 3rd. mccarthy's next move. all eyes watching to see how the house speaker responds to congressman matt gaetz formally filing a motion to remove him from his leadership post. and happening today, a courtroom split screen. hunter biden set to be arraigned in federal court in delaware and former president trump expected to head back to court in new york for a second day of his civil fraud trial. also, 9-year-old charlotte rescued in a dramatic raid two days after she was abducted. police tracking down the suspect based on a ransom note left for her parents. this also breaking overnight, texas congressman henry claire carjacked in washington, d.c. at gunpoint. his car, his phone, his ipad all

taken. we are told, though, he is okay this morning. and after five months of strikes, late night is finally back. >> it's kind of weird coming back after being gone for five months. the nbc converted this to a spirit halloween. >> my writers got fresh air and sunshine and do not care for that. now they're back safely in their joke holes doing what they do best, making my prompter word screw full of good and ha ha. ♪ i am so glad late night is back. >> i'm glad they're back. i'm offended by the notion that writers don't like the outdoors or sunshine. >> the prompter joke screen. >> they're a lot smarter and more coherent than we are. >> which makes me think how

important the words on our prompter are. >> kevin mccarthy is hoping to pull it together, too. will he, won't he? we'll see. >> a vote could come as soon as today to determine the fate of house speaker kevin mccarthy. looks like he'll need democrats to save him. congressman matt gaetz moved for a vote to potentially remove mccarthy as he leads a right wing revolt against his own leader. we haven't seen a move like this in more than saa century. comes as congress is scrambling to prevent a government shutdown next month. >> i have enough republicans where at this point next week, one of two things will happen. kevin kmark thi won't be the speaker of the house or he'll be the speaker of the house working at the pleasure of the democrats. i'm at peace with either result because the american people deserve to know who governs them. >> mccarthy can only afford to lose four republicans. five already said they would vote to get rid of him and at least 13 other republicans who are undecided but open to voting him out.

that means mccarthy needs support from democrats to hold on to the gavel. house democrats are set to meet hours from now to decide what to do. speaker mccarthy will try to kill the measure preerd ocedura. lauren fox, as we look at the timeline and how things may happen over the course of the next 24 to 48 hours. big question what do democrats do? >> yeah that is the key question this morning, phil. they're going to huddle around 9:00 a.m. this morning. their leadership has been telling them for the last several weeks don't go out and freelance your own deal with their republican friends. also keep your powder dry because we want to have a broader conversation about this. expect that that conversation is going to start to unfold this morning at 9:00 a.m. now, we asked repeatedly yesterday if jeffries and mccarthy had a conversation to this point about the future of mccarthy's speakership. and yesterday mccarthy said he had not spoken to jeffries. obviously we'll be watching to see if that changes given the

dynamics because there are a handful of republicans who have already said they are willing to oust mccarthy. that means he is going to need democrats. here are a couple republicans who talked a little bit about why they made that decision. >> really i see it as two things. one, do i vote against my friend, kevin mccarthy, or do i go with my conscience. that's where i'm at. i'm currently praying about it, but if it was right now, i would vote to oust him, yes. >> i'm open minded. i haven't decided yet. but i'll tell you something, it's very important that matt puts accountability -- >> reporter: mccarthy has two legislative days to take action. this is a privileged resolution that matt gaetz brought to the floor yesterday, but obviously he could act as soon as today. he has a couple of procedural tactics he could deploy. the question, of course, are where are democrats going to be

given the fact you now have five republicans who said they would been willing to remove the speaker from office. one thing to keep in mind is that matt gaetz yesterday went to the floor a couple of times. when he finally made the decision, it came with the thing in mind that there were going to be members who would be missing likely on thursday. senator dianne feinstein's funeral is on thursday. if they were going to take this a, conservative hard liners wanted as many people as possible. you don't want to lower the vote threshold. gaetz said he'll do this as many times as he needs to. he won't do it just once. all eyes on the democrats. they'll be essential to what kevin mccarthy's future is. >> the word is leverage to say the least. lauren fox, keep us posted. busy day. well, we have some good news to share with you this morning. 9-year-old charlotte senna is safe at home after a two day

search. she went missing while on a camping trip over the weekend. a suspect is in custody. police say the crucial piece of evidence that led to a break in the case was a ransom note that was left at the parent's home. jean casarez is following all of this. thank goodness this is what everyone was praying for. and it's the news we have this morning. >> fantastic news. charlotte and her family, they were camping a little bit up the road here. this was the staging area where 400 searchers would gather before they would go out to try to find her. it's empty this morning because charlotte was found alive. >> she knew she was being rescued. she knew that she was in safe hands. >> reporter: charlotte senna, the 9-year-old who went missing saturday while camping with her family in upstate new york has been found. >> our prayers have been answered. >> reporter: an amber alert had been issued for the young girl sunday morning, after an

exhaustive search of the state park left authorities fearing the worst, that charlotte had been abducted. approximately 400 certified search and rescue personnel, including the fbi, were searching for charlotte, who disappeared while riding her bike near her family's campsite. >> as each hour went on, hope faded because we all know the stories, the first 24 hours there's hope. when you hit 48 hours, hope starts to wane. >> reporter: the governor says a break in the case came early monday morning when the suspect left a ransom note in the senna's mailbox. >> he literally drove up to the family's mailbox, assuming they were not home. 4:20 in the morning, opens the mailbox and inserts the ransom note, leaving a critical piece

of evidence behind, his own fingerprint. >> reporter: police tested the document for fingerprints and searched law enforcement data bases. >> police worked diligently trying to find a match for a fingerprint. the hit came at 2:30 in the afternoon. there had been a dwi in 1999 in the city of saratoga, a fingerprint was found that matched what was found on the ransom note. >> reporter: investigators were able to track down the suspect, 47-year-old craig nelson ross jr., who resided in a camper behind his mother's home. two s.w.a.t. teams entered the camper and located ross and charlotte. >> the little girl was found in a cabinet covered. she was rescued. >> reporter: and charlotte was take on the a hospital in albany as a precautionary measure. the governor says she has been

reunited with her family and the suspect is now in custody, taken into custody at 6:30 last evening. and criminal charges, we expect them to be filed shortly. poppy? >> wow. jean, their prayers answered for sure. thank you for the reporting. overnight, congressman henry carjacked. police located the car but they're still working to track down the suspect. cnn's gabe cohen joins us live from where it happened. gabe, frightening thing but not something that's a rarity in washington these day. what actually happened here? >> reporter: phil, you're right. it's a terrifying situation. just to set the scene for you here. we're standing in navy yard, a fairly upscale part of washington. there are a lot of congressional leaders, young professionals who live here. you can see behind me less than a mile down this road is the u.s. capitol, not far from where we're standing.

about a quarter mile in that direction, nationals park, the ba baseball stadium. this is a very busy area. bars and restaurants all over this area. yet at 9:30 last night, right at this intersection, henry cuellar was carjacked. they took his car, his phone, his ipad even his dinner. now, fortunately the representative wasn't injured in the incident. we did get a statement in from his chief of staff that reads, as congressman cuellar was parking his car this evening, three armed assailants approached the congressman and stole his vehicle. luckily he was not harmed and is working with local law enforcement. thank you to metro pd and capitol police for their swift action and for recovering the congressman's vehicle. look, phil, all morning we have seen an increased police presence here at this intersection. several of these police cars parked around the area.

it's not exactly clear if that's solely because of this incident. because the reality is, this is an area that is often trafficked by law enforcement given not just the amount of people who live here but also the proximity to the capitol there. but look, as you mentioned, this is not unheard of here in washington. we have seen violent crime increase dramatically this year here in the district, including motor vehicle thefts, phil, which have close to doubled since this time last year. >> gabe cohen for us in washington. thank you very much. president trump says he'll be back in the courtroom today after he attacked the attorney general prosecuting him here in new york and sounded off on the judge who will determine the fate of his business empire. and late night returns with hosts unleashing months of jokes bottled up because of the hollywood writer's strike that brought production to a halt. we looked at the calendar today and check my math on this, i believe we have been off the air for 154 indictments.

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♪ this is politics. now, it has been very successful for them because they took me off the campaign trail because i've been sitting in a courthouse all day long instead of being in iowa, new hampshire, south carolina or a lot of other places i could be at. >> that was former president trump outside of court right here in new york city. he says he'll be back in the courtroom today.

you heard him say he could have been campaigning elsewhere in the country, but he's here. it matters to him. trump turning the $250 million civil case against him into an extension of the campaign trail. he launched attacks at the new york attorney general latitia james and the judge who found him liable for fraud last week before court even started last week. kara scannell joining us outside the courthouse with more. he will be back. what happens today in court? >> reporter: yeah, poppy. so former president donald trump will be back in court today. and he will hear continuing testimony from his former long-time accountant. now, this is the trial where trump is having his reputation as a successful businessman challenged. and the ultimate fate of his business here could lay in the hands of the judge. and we heard from the former president yesterday, him taking every opportunity to slam that judge and the attorney general. fuming and combative, former president donald trump returned to a familiar refrain. >> this is a continuation of the

single greatest witch hunt of all time. >> reporter: flanked by his attorneys, trump walked into the courtroom the opening day of the civil fraud case brought by new york state attorney general, latitia james. last week judge arthur engoron, the trump organization and his oldest sons are liable for fraud. on monday, trump disappeared. >> no bank was affected. no bank was hurt. they don't even know why they have to be involved. >> reporter: trump, turning the event into a spectacle and used the opportunity to bolster his presidential campaign. >> this has to do with election interference, plain and simple. they're trying to damage me so that i don't do as well as i'm doing in the election. >> reporter: returning to the cameras on multiple occasions throughout the day. trump continued to link the civil action against him in new york to his other criminal indictments. the republican presidential candidate repeatedly attacked the judge overseeing the case. the new york attorney general and the u.s. department of

justice, which has no jurisdiction over this case. >> it's all run by doj, which is corrupt. we have a corrupt attorney general in this state. you see how she does. >> reporter: that new york attorney general sat in the courtroom facing trump. kevin wallace, an attorney for the new york ag told the court about the office's end goal to bar trump from doing business in new york. wallace argued while it may be one thing to exaggerate for forbes magazine, you cannot do it while conducting business in the state of new york. but trump's lawyers pushed back, saying that there was no intent to defraud and, quote, no victims. inside and outside the court, trump's attorneys claim the case is flawed and defended his business records and financial statements. >> president trump's assets are worth way more than what the court would have you believe. but this is all about 2024. do not get it confused. >> reporter: but the $250 million lawsuit alleges trump and his co-defendants committed repeated fraud, inflating assets

on financial statements to get better terms on commercial real estate loans and insurance policies. allegations that james said cannot go unchecked. >> my message is simple, no matter how powerful you are, no matter how much money you think you may have, no one is above the law. >> reporter: and the state will continue to try to prove its case today with the former accountant back on the stand as we head into the nitty-gritty testimony of these financial statements. phil, poppy? >> another fascinating day ahead in court, kara, i'm sure. thanks. trump's trial continues in new york, president biden's son hunter will be in a delaware courtroom just a few hours away on three felony gun charges. biden's attorneys says he will plead not guilty. a request to appear remotely was denied. hunter biden was accused of lying when he bought the gun in 2018. the first time the doj has charged the child of a sitting

u.s. president. pope francis breaking with years of catholic tradition, suggesting for the first time that priests could bless some people in same sex unions. it's a significant statement. we'll tell you more about it ahead. and tom hanks is warning fans if they see him in an ad promoting a dental plan, it's not actually tom hanks. they say it's an ai version of him made without his permission. more on this next.

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♪ i have made no deal with democrats because i believe that democrats should vote against kevin mccarthy for free. it's kevin mccarthy offering deals to democrats. if kevin mccarthy goes and makes a dirty deal with the democrats to keep power, i believe that the people in this country will rise up and demand that their representatives and their lawmakers accept a better path a more responsible path. >> with his job on the line, house speaker kevin mccarthy, could he cut a deal to stop congressman matt gaetz's attempt to force him out. worth noting at the start, mccarthy is not offered anything to democrats up to this point.

but the question and the reality is he's going to need some democrats to vote with him. what do democrats do here? >> well, this is a really interesting question because for many reasons you would see why democrats aren't eager to support kevin mccarthy. a lot have trust issues with him, considering right now we're relitigating spending levels that everybody thought was agreed to back in the debt ceiling deal of earlier this summer. many of them are unhappy about the impeachment inquiry he launched into president biden as well. on the other hand, there is potentially an opportunity here for democrats to extract concessions from him. possibly around that impeachment inquiry. could it be forced to the vote on the floor that speaker mccarthy skipped over. could they extract ukraine funding commitments considering they weren't included in this continuing resolution. there's a number of things democrats could ask to. it comes down to whether speaker mccarthy will go for that. it will save him his gavel but will create a lot of other

problems going forward. >> this would represent the will of the people. unrepresentative position that wants to push through their agenda. mccarthy is in effect being punished for reaching out to democrats to stop the government from shutting down. the vast majority of people want government that actually works that doesn't have these self-inflicted wounds. this is a pattern with republicans. mark meadows tried to begin a process like this towards speaker john boehner before he resigned. so look, whether democrats aren't going to follow themselves to bail out for mccarthy. deal was made for the senator to hold that would be far more popular. >> i was going to ask you to compare this to boehner. after that attempt he stayed in for three months. >> handful of months. >> you compare this moment with kevin mccarthy to that moment. >> the last three speakers all faced outright reboll onfrom their far right. they have a -- republicans have

a really hard time coming up with a stable governing coalition not because of the opposition the far right wing of their own party. boehner dealing with the tea party folks. then paul ryan being constantly irritated and exhausted by what he called members of the conservative media complex. now this. the problems in the republican coalition ultimately congress works when people, parties work together. we see that in times of crisis, stopping shutdowns, avoiding the debt ceiling deal. that's how congress should work more of the time. we're being constrained by partisan orthodoxy here. >> what are the odds that what john is pushing for right now is a plausible option? >> well, it's going to come down to the decision of the democratic leader hakeem jeffries and speaker mccarthy as well. this idea is he going to want to coalition, government this in this house of representatives and particular to your point about this being a very fractured republican conference

we are seeing, it's also not clear who the successor to mccarthy would be even if getting ousted was successful. sure congressman gaetz suggested he would have support for the two republicans steve scalise, but it's not clear he could get -- >> who supports mccarthy. >> or get the requisite votes to become speaker. we now how many rounds it took for mccarthy to become speaker. >> what would actually happen if there's no one who -- i know the sort of process. i know the process that he has privately a list and who would be the first person and they get named, but does that person have to take the job? is there a potentially no speaker for a while? >> there could be. the rules of governing the house are very interesting here because on the one hand you could see someone in the interim. there's also nothing that would prevent mccarthy from tossing his hat back into the ring even if he was ousted. it just becomes a question can he get the support he needs. >> interesting. >> to be clear, what they're talking about is what concessions will democrats extract. coalition governments are not impossible. nothing is impossible.

speaker of the house doesn't have to be a member of the house of representatives. >> a point you remind us often on. >> just because reality matters, we can -- we're so often constrained by the fact in washington people can only think about -- >> you're a father of the reality check. >> yes. >> it feels like john is trying to urge himself into the role. i do want to turn to mark milley. we saw his speech as he departed as chairman of joint chiefs last week where he very implicitly called out the former president, wannabe dictator and gave an interview with nbc news. i want to play some sound from that. >> everyone is entitled to their opinion. i served my country faithfully for four and a half consecutive decades in peace and war. and my family has made enormous sacrifices nor country and my mother and father before me and grandparents before them. so i'll take a backseat to no one on loyalty to this country and my loyalty is to the constitution. >> his public comments, which i think are very reflective of

most people knew where he was privately over the course of the last several years. what do you make? >> it's interesting. that is a different iteration of what he said in that retirement speech when he talked how the loyalty needed to be to the constitution and not an unnamed dictator which we understand to be former president trump. but it also comes in response to really outright attacks from the former president to the general saying that he committed trees nous actions, suggesting that would be something punishable by death. it is bringing it kind of a partisan tilt to the military that really historically has not been there. the idea that the military is supposed to be beholden to whatever leader, party is in charge. that's not usually how things work in the united states. >> no. and yet the fact it needs to be reminded speak fos the tenor of our times. look, country over party is constitution over party. that's not a partisan stand, although it may feel that way. i was listening to those comments and also struck by our colleague jake tapper's -- >> milley saying this out out,

kelly, former chief of staff confirming that to jake at the same time. >> it's a very big deal. he confirmed reports that not only trump repeated will disparaged wounded warriors and people died in the service to their country but one of the things he said he described trump as a person that has nothing but contempt for our democrat ic institutions, our constitution and the rule of law. that's trump's former chief of staff, general john kelly. >> longest serving trump chief of staff. >> yes. so, you know, this is not a partisan critique of donald trump. these are people who worked with him and know him well, warning about donald trump to republicans today. >> thank you both. >> great to have you. come back. >> you're always welcome. so this is really fascinating. the head of microsoft, ceo of microsoft, takes the stand in this very high-stakes anti-trust trial against google and warns of a, quote, nightmare scenario if google's dominance over online search is allowed to continue. more on that ahead. five month hiatus because of the hollywood writer's strike,

late night is back. ♪ in case you forgotten my name is jimmy. i've been off the air for five months. we've been gone so long -- we've been gone so long "the bachelor" is now a grandfather.

♪ so the head of microsoft warning of a nightmare scenario

for the internet, for users if google's dominance for online search is allowed to continue. he took the stand testifying monday lawsuit against the web giant, microsoft krona dell la said, quote you get up in the morning, you brush your teeth, your search on google. everybody talks about the open web, but there is really only the google web. he also warned of the rise of ai and online search, saying it could comment google's dominance in the industry saying, quote, i worry a lot even in spite of my enthusiasm there is a new angle with ai, worry this vicious cycle i'm trapped in could become more vicious. this trial is focussed on the power of google as default search engine on many phones and browsers around the world. we reached out to google. the comment on satya nadella's testimony, they did not have a comment. joining us now senior media analyst sara fisher. good morning. >> good morning. >> two things obviously satya nadella runs a huge competitor to google. i want to put that out there.

it's just notable that microsoft is the one that faced all of this anti-trust scrutiny from the doj back when that was the biggest anti-trust case of this kind before now. what do you make of what he said and what it will mean for this suit? >> the big take away, poppy, is at the time that microsoft was facing a lawsuit from the doj the ecosystem was different. we were primarily using desktop to search web browsers. satya nadella is arguing that these partnerships that google has with vendors like apple to make sure that it's the default search engine, make it very difficult for another competitor to breakthrough. and as a result, he argues, that google is able to collect an unprecedented level of data over its competitors like microsoft, that it would be able to use to train its ai algorithms. essentially he's saying, poppy, you don't address this anti-problem now, it's going to get worse later in the ai era. >> sara, you mentioned ai.

i want to shift my apparently tom hanks is not doing advertisements for a dental care company, which i guess makes sense. he had to post this on stain gram basically saying ai replicated him. this has been a huge issue in the strikes and the negotiations between the writers and the actors. obviously a huge issue throughout tech. what can be done to prevent stuff like this? why isn't there something in place already? >> reporter: it's a great question, phil. mostly it's a technology problem at this point. we actually do have a regulatory body that's responsible for what we call false commercialization or a company that is portending to be something that it's not or using falsehoods to market its products. this is a big problem, by the way, with things like diet and weight loss pills. the problem is the ftc is not fully equipped to be able to tackle every single ai-generated ad and image. now the tech platforms have gotten pretty good if you think about meta, google, identifying when somebody is using ai to doctor a famous person. where it's going to become more

challenging, phil, regular, everyday people who up load their own images to social media, have their own videos to doctor ai. we don't have extensive level of lawyers and the reach of social media to debunk this stuff. that's where the real concern is. >> we couldn't let you go without playing a little bit of late night from last night. here it is. >> it feels good to be back. [ cheers and applause ]. it feels good be with all of you again here in the ed sullivan theater because after the first few months of the strike, refused to keep chanting my name. >> i'm more excited than a jets fan during the first three plays of the season. you got to be kidding me! >> i missed my writers so much. i was so happy, so happy to see them this morning. i will admit by lunch i was a

little over it. >> so they're back. >> reporter: they're back. i think so many people are happy to see them. the next thing, of course, poppy is we're waiting for our scripted series to be back. and that's going to come when we get a deal between the hollywood studios and the actors. they're resuming negotiations today. hopefully we get those shows back soon. >> okay. sara, thank you so much for the reporting on all three of those fronts. >> thank you. the governor of illinois and mayor of chicago, both democrats, confronting the white house on its handling of the migrant crisis. why they say the administration's response has been, quote, untenable. former president trump says he will be back in court today. trump's defense lawyer from his second impeachment trial joins us next. stay with us.

♪ so former president trump says he'll be back in court today after spending the first day of his $250 million civil fraud trial really going after the judge and new york's attorney general. listen. >> we have a rogue judge who

wrote the properties are worth a tiny fraction, 1/100th, a tiny fraction of what they actually are. we have a racist attorney general who is a horror show ran on the basis she was going to get trump before she even knew anything about me. >> attorney general latitia james accuses trump of inflating the value of his assets in order to get better terms for insurance and bank loans. the judge has already determined that trump is liable for fraud and now set to determine punishments and financial penalties. the ag is also trying to prove six additional claims that prosecutors have brought including falsifying business records and insurance fraud. yesterday, this was interesting in court, the prosecutors played testimony from trump's former lawyer, michael cohen, explaining how he and others inflated trump's assets to match the former president's wishes, according to him. listen. >> so mr. trump would call al

lan and i into the office. let's say he said it was worth $6 billion. he wanted to be higher on the forbes' list. and he then said i'm actually not worth 6 billion. i'm worth 7. in fact, i think it's actually now worth 8 with everything that's going on. allan and i were tasked with taking the assets, increasing each of those asset classes in order to accommodate that 8 billion dollar number. >> joining us now trump's defense lawyer during his second impeachment trial, david shohen. also fascinating to have you on these legal cases. let's start with the valuation. that's the crux of the argument and the attorney general's case. one of trump's attorneys said this in court. quote, the value is what someone is willing to pay. the trump properties are mona lisa property. this is not fraud. that is real estate.

what is your response to that? >> well, i think her point is that in real estate, you know, valuations do depend on ready, willing and able buyer. and often real estate values are inflated based on, for example n this case i think what she's saying is the brand, the trump brand. >> but by 25 times? >> i think you're going to see in this case experts testifying to that effect, frankly. you know, president trump's example is that mar-a-lago, he says the judge said was valued at $18 million and he think that's really just a fraction of it. most people would say 18 million is only a fraction of what that property is worth, but there's a dispute as to whether the judge really said that or not. >> i think, look, trump valued over 400 million. alina said a billion. how many times is it believable. what's interesting to me is that you also have a real argument now about whether this could have been a jury trial.

this is a judge trying it, it's a bench trial. i want your legal take. >> i have to address this one common misconception in the press and unfortunately it just keeps getting repeated which is that we had this great option to have a box checked for a jury. no. we didn't have that. that's not how this works. they brought it under section 6312 which is a very narrow, not appropriately used section of the law which is for consumer proex thes, not this. and that is why we're sitting here in front of a judge. >> but isn't she missing the point that when you look at civil practice law rules section 4102 it says a defendant has request a jury trial within 15 days of the complaint. was this a mistake, an error by trump's legal team? >> it's a very interesting issue. the judge yesterday apparently said that there's no jury trial because no one asked him for

one. so they're both sort of right. i personally -- if you're asking my personal, professional opinion would have filed a demand for a jury trial under section 4102. however there's a case from 2011, people versus first american corporation a judge from this same court said there is no right to a jury trial under new york executive law 6312 the section under which this is brought because they say the remedies are generally equitable, not money damages and historically there hasn't been a right to a jury trial for equitable damages. that is taking away the business license and that sort of thing. but i would have file adjure demand to litigate the issue because here there are very severe monetary punishments at issue potentially. and i think there's a strong argument to be made for the right to a jury trial. >> as i understand it, you've been in touch with trump's legal team. it seems like at the end of the day yesterday they may have had something of a boon in terms of testimony from a witness about documents from 2011 when nothing

prior to 2014 is germane to this case. what are they telling you they think their strongest point is right now? >> well, i haven't actually been in touch with trump's legal team. someone let's say more centered to the discussion than that? >> trump? >> without going into -- >> david? >> well, without going into any -- >> david? >> yeah. >> trump? >> listen, i have a close relationship with former president trump. so, i certainly have spoken with him. but i wouldn't go into any details of any discussions that i had with him. i would say this, though, the response to what happened yesterday i think by the legal team is that, you know, they were heartened that the judge recognized the court -- the appellate decision that the issues are limited to events that happened after july 2014 as to those who signed a so-called tolling agreement.

ivanka got out of the case because she wasn't a party to that agreement. and they heard testimony yesterday from 2011. so the judge made the comment that he hopes that the prosecution or the attorney general will tie that into the events that happened after 2014. >> interesting. which the prosecutors may do today in court as they continue. i do want to play some of the criticism from trump himself, particularly on comments made by the new york attorney general latitia james while she was running. here are a new things she said in 2018 about trump. >> i will never be afraid to challenge this illegitimate president. he should be charged with obstructing justice. i believe that the president of these united states can be indicted for criminal offenses. i will be shining a bright light into every dark corner of his real estate dealings.

and every dealing demanding truthfulness at every turn. >> would those comments have any legal basis for a dismissal here? >> i don't know about a dismissal. i'm very, very troubled by them. i think they're completely unethical. i actually have spoken with a fellow written a book on prosecutorial misconduct will include a chapter next time on the kinds of statements that are appropriate ethically and inappropriate ethically in the course of an election campaign for elected officials for judge and prosecutors. i think they're very troubling comments. the government is held to a different standard. and the public generally believes that when they say something, that it's accurate. we can't have people targeting particular citizens when they're running for office. especially when there's been no investigation and certainly no finding yet at that time of any culpability. i think they're very troubling. this is part of what i think is driving the polls in addition to policy issues. i think that fundamentally american people demand fairness. they don't want to see people

targeted, even if they're sort of larger than life figures like donald trump. so, yeah, i think it's troubling. >> david, thank you very much. i'm sure we'll have much more to talk about after the day in court. if you speak with the former president, do come back and join us. we appreciate it. >> thank you, david. thank you. phil? >> i think he speaks with the former president. cnn exclusive john kelly going on the record to confirm several disturbing stories about his former boss, donald trump. jake tapper joins us with that reporting ahead. and in a political twist, kevin mccarthy's future as house speaker may lie in the hands of democrats. ♪

♪ the governor of illinois and the mayor of chicago, both democrats, are confronting the white house on its handling of the migrant crisis, laying out their concerns and demanding the

administration take action. comes from reporting from senior reporter isaac who joins us now. i'm fascinated by this story because this is the type of stuff typically supporters like pritzker don't want in the public sphere. what else are you learning about these conversations. >> reporter: that's right, phil. what we know is it's not just those pictures of the border of people coming over, it's where they going. situation in nok has gotten a lot of headlines but in chicago they're at already 15,000 migrants that are there and they're expecting that that number could within weeks jump to 30,000 migrants. some intelligence they feel they gathered that says that texas governor greg abbott will send more buses of migrants to chicago. they're up to 3,000 people sleeping on the floors of police stations in chicago. and at the airport there. and what they're looking at is saying to the white house in a combative phone call that happened on sunday night and in a letter that governor pritzker

sent to the president on monday saying they need more help. and they're asking, as you said, for some kind of coordinated response to be the person and the -- have the federal government be the actor who is deciding where these migrants go, not just leaving up to the governor of texas or ngos or other people sent around and asking for more help with the money to pay for it. >> it's so interesting, isaac. this is great reporting, by the way. to see this out of chicago and illinois. following what the mayor of new york has been saying for a long time now. but, growing call from democrats, key democrats in key states for this white house. isaac, thanks, very much. >> thank you. "cnn this morning" continues right now. matt gaetz launching his attempt to oust kevin mccarthy. >> this has never been successfully executed before in american history. ♪ >> that 9-year-old