>> >>. >> love it. >> and travis kelce says the nfl is taking the whole taylor swift thing too far. he told his brother that the nfl needs to calm down, they are being for a loud about his potential relationship with swift. >> is the nfl overdoing it, what is your honest opinion? take away your feelings for taylor. what is your honest opinion on how the nfl is treating celebrities at games? >> i think it is fun when they she who ashow who all is at the game. i think it brings more to the atmosphere, more to what you are watching. but at the same time i think that -- >> they are overdoing it. >> they are overdoing it. >> the nfl cut away to taylor swift 17 times and posted a bunch on social media and the nfl hand to defend themselves

saying they called it a pop cultural moment in covering their relationship. >> i hear you, travis, but the rest of us just want to see taylor. thank you for joining us. thanks for being here. i'm kasie hunt. "cnn this morning" starts right now. now. good morning, everyone. so glad you are with us. hope you had a good teaching. a lot of big news to get to this morning. start we afive things to know." the biden administration get ready to build a border wall. that's right. waving 26 federal laws to do so in south texas. the homeland security secretary says there is a an "immediate need." and what if anything should happen to those republicans who voted to oust house speaker kevin "minding your business."

also, bob menendez' wife killed a p.e.d. we have evidence. and first dog commander bit more people than we even know. hundred had to be hospitalized. and winning gold with a seventh consecutive team title at the gymnastic world championships. "cnn this morning" starts right now. good morning, everyone. we are back from washington. we did not figure out who the next speaker will be, which isn't a lack of reporting. it's because know one in the house knows who the next speaker is going to be either. >> right. >> paralysis is pretty fair word at this point, but the battle t, they can do with weeks left to prevent a government shutdown. top republicans officially jumped into the race. keeping a close watch to see if anybody else hops in anytime soon. whoever the house republican party picks it could have huge

implications from ukraine aid to the looming shutdown. future speaker will face the same, exact dilemmas that doomed kevin mccarthy and plunged the house into chaos. the candidates have tough questions to answer. will they work with democrats is prevent a shutdown next month, or will they dig in for battle? support more aid for ukraine a major sticking point for republican hard-liners. and thing that the rule that allowed that small handful of republicans to oust mccarthy and will they punish the eight republican rebels who voted to do so? already facing harsh backlash and retribution and serious threats to her position for voting to oust mccarthy. >> eight that voted this way, if you want the gavel, move forward united you need our votes. if we look backward and punish people based on their principles that's only going further divide

our conference. we have a lot of work to do. we promised the american people we would deliver results and we need to do that. >> cnn congressional correspondent lauren fox is live on capitol hill. all right. we have two candidates. two premier candidates within the conference. i didn't get a sense anyone was close to 218, the votes needed to become speaker. where do things stand? >> reporter: what i'm getting talking to sources and members still getting calls from these candidates is that nobody has 218 right now and that is part of the problem. that is part of the challenge that these two men who vhave entered race have to deal with. the reality, same problems kevin mccarthy had will befall the next speaker as well. anger and raw nerves plaguing the house gop after the historic vote to oust former speaker kevin mccarthy. >> i'm not surprised. tensions and tempers have been running pretty high for the last

nine months. >> reporter: allies for mccarthy are seeking retribution from the eight republican rebels who voted against him. >> i think done for narcissistic and selfish, fund-raising reasons. >> reporter: delivering a not so veiled threat to cease all fund-raising for republican representative nancy mace ahead of the vote. in return, masece is fund-raisi off mccarthy. >> because of the threats receiving over the last couple of weeks it finally reach add point last night where i was like, i'm going let people that know that i need help. >> reporter: now some are even threatening to try and have them removed from the republican conference. >> i don't see how they can be part of a conference when they stand on the, they come on the inside, listen to what's going on and go outside and lob bombs in the middle. >> the very people who are blaming the eight who voted against kevin mccarthy are the same people who have held up this process so that we don't get to the point where we pass a

budget, pass appropriations bills and deal with the, the huge spending. >> reporter: mccarthy, too, is seeking revenge against democrats for not throwing him a lifeline during the vote. two republican sources tell cnn he was behind the move to kick former house speaker nancy pelosi and former majority leader steny hoyer out of their unofficial office spaces near the house floor. >> rather than you know, being petty and silly, you know, and throwing nancy pelosi out of her office, i mean, how does that contribute to civility up xwleer. >> reporter: here? >> reporter: republicans are bitterly divided the race to elect the next speaker is in full swing. two leading contenders emerging including house republican majority leader steve scalise and representative jim jordan. scalise was hot in 2017 at a baseball practice ahead of a congressional charity game that left him in critical condition.

in august, scalise revealed he was diagnosed with blood cancer. >> leader scalise is a good friend. had a great conversation with him, jim, kevin, other people. we're -- we're working hard. we're going to unite. >> reporter: house judiciary committee jim jordan one. co-founders of the conservative freedom caucus and a close ally of former president trump. >> i think conserve center right party. i'm the guy who can help unite that. >> reporter: and the interim speaker the guy holding the job right now is meeting with members from all corners of the republican conference over the last 24 hours trying to figure out the best way to have the speaker's race, the best way for republicans to emerge from that race united at a time when all the focus has been on the gop disarray. phil? poppy? >> all right. lauren fox. busy days ahead. thank you. also new this morning, a headline you might not have expected. the biden administration is waiving 26 federal laws in order to build a border wall in south

texas. this is a move that was used frequently by the trump white house, as that administration built 52 miles of new border barriers and repaired about 450 miles of it, but a reminder. here's what then candidate biden said about a border wall in 2020. >> there will not be another foot of wall constructed on my administration. >> that was then. this is now, and the homeland security secretary says there is a "acute and immediate need to construct physical barriers near the border to prevent unlawful entries." this is happening in star county, more than a quarter million illegal entries this fisk's year according to government data. >> this move as we get a fresh look at realities on the border. new video outside el paso shows illegal migrants running and cheering crossing the border. now on the ground in mexico is trying to understand the origin

of the crisis as hundreds of migrants are bused daily to this city. straight to priscilla alvarez live at the white house for us. what prompted this move, which seems to be diametrically opposed to where candidate biden was? >> reporter: this really boils down to money that congress has appropriated for border barriers and that is what the homeland security secretary says in this notice. they have to use these 2019 funds for that purpose, and they're going to focus it on an area that is highly trafficked, and that is an area of the rio grande valley sector where as you mention there have been nearly 300,000 encounters dating back to last october through august. now, they are also going to waive 26 laws to do this. that is something that the trump administration also did. it's a way that the administration will be able to build these in an expedited manner, and the u.s. customs and border protection had previously announced last month they were going to do something along

these lines, and that they would seek public input. that it would be up to 20 miles of new border barrier system and that it would include in addition to those border barriers light poles, lighting, gates, cameras. of course, this is something that democrats repeatedly said not necessary. in fact, congressman hen with cuellar said a border wall is a 14th century solution to a 21st century problem going on they will fought bolster border security in the county. talking to administration officials he want to focus on border technology versus the borders themselves but are in a position to use the funds for what they were initially indented. of course, phil and poppy, we've covered, there is an uptick of border crossings on the u.s.-mexico border. this is of concern to officials i have been speaking with, and this week secretary of state antony blinken, homeland security mayorkas and attorney

general garland are there where this subject is expected to come up. >> and waiving cleandohis shows

are you willing to move forward on funding for ukraine if elected speaker.

>> i understand that. at some point we have to deal with this operations in the right way and do it in the next 41 days. the most pressing issue on americans' minds is not ukraine. it is the border and inflation. and driven opposition to more ukraine aid in the last several months. moments ago ukraine president volodymyr zelenskyy weighed in on the chaos in washington saying "going through a difficult election period" this as cnn has exclusive reporting seizing weapons from the u.s. to ukraine. talking about politics and numbers of this, fred, the on-the-ground version of this. explain to people what this actually means, what this fight is in reality. >> reporter: yeah. on the ground here the

ukrainians extremely concerned about some things hearing out of washington, and reason for that, they say any delays in aid coming from the united states could cost them a lot of lives on the battlefield, because they're already suffering critical ammo shortages. we were with some units fighting on the front line and saw it firsthand. here's what he witnessed. the artillery troops need to move fast. russian drones might be in the air. line up, calibrate, fire. [ explosion ] three rockets, that's it. even though this grad launcher would be more effective firing large salvos. it's not very precise this soldier says and also depends on the weather and the range. it would be good to have more precise rockets or guided ones. but the ukrainians are running short on even these unguided soviet era rockets and ammo shortages a problem across the ba battlefield here in eastern ukraine. soldiers from this assault brigade have a quick snack.

then get ready to fire their western-donated howitzer. the american 105 millimeter shells a valuable but increasingly scarce commodity. ukrainians call this the sniper rifle of their artillery because it's accurate but illustrates a big problem. plenty of barrels to fire from but not enough ammunition to fire. this battery commander telling me lack of shells means his forces are badly out-gunned here. it's hard to give precise numbers, he says, but i think they fire ten times for every round we fire. sometimes it's 1 to 100. the russians are constantly taking aim at this area. though the ukrainians say they're making gains pushing vladimir putin's aert back using combat helicopters close to the front line. [ gunfire ] he says it needs more ammo to sustain its offensives both here in the east and in the south. the u.s. budget impasse could

mean further delays. on top of that, nato is warning its members are running dangerously low themselves. >> we started to give away from half full or lower, warehouses in europe and, therefore, bottom of the barrel is visible. >> reporter: that means rationing will probably continue all while trying to support their advancing soldiers on the ground. >> fred, thank you for that. so important for people to see that as this fight in washington over funding is going on. i wonder if ukrainians and leaders there are concerned if there is not more aid from the united states, is there a domino effect with other countries? >> reporter: i think that's one of the biggest concerns ukrainians have. look at some things happening in the past. especially european nato countries giving weapons to ukraine. a lot of countries did that because they knew the united states was doing it as well. one of the main sort of examples

of that is main battle tanks. the main battle tanks given, for instance, by germany and others, leopard ii, the germans allowed that because the u.s. would give battle tanks to the ukrainians. so all countries in on that. ukrainians definitely extremely concerned if that big security umbrella from the united states were to go away, if the united states stopped giving weapons or fewer weapons other countries might become more reluctant as well. a big concern we hear from soldiers on the ground and a big concern for beam like volodymyr zelenskyy in spain now, also immediate concerns as well, poppy, with ukrainians on the ground telling us they need that flow of ammo to increase and keep going. if it doesn't keep going they might be able to defend the areas that they have right now but certainly very difficult to advance, poppy. >> fred pleitgen, thank you so much for your reporting on the ground. the battle for the next house speaker, it is on.

speaking with one of the eight republican lawmakers who voted to oust kevin "minding your business." plus, the g.o.a.t. is back. >> at state. [ cheers ] great work. simone biles delivers for team usa. >> pure gold. perfection. simone biles becoming the most decorated american gymnast ever. we discuss her return with gymnast dominick dawes. she's here. you cannot be tt

what's at stake. [ cheers ] >> great work. simone biles delivers for team usa. don't take it for granted. witnessing greatness like simone biles. ten years ago to the day and the same place simone biles won her first gold medal on the stage becoming the most decorated gymnast ever leading to a record seventh consecutive title at world championships in belgium.

the 26-year-old, an impressive return two years after pulling out of several events during the tokyo olympics in 2021 for mental health reasons biles looks to increase her medal count this weekend. >> been here for a very long time so it's crazy i just keep going year after year but i'm really proud of the fight the team put together out there especially having a teammate go down. it's not easy but you saw the strength and courage of our team to keep going, pushing it out. for me personal success, whatever, but all for the team this weekend. >> joining us now, dominique dawes, member of the 1996 winter olympic known as the magnificent seven. great to have you and talk about this. my concern when you talk about simone biles is that people are just used to it. right? we just expect it. >> yeah. >> can you kind of put context around what we're seeing right now with her? >> it's pretty spectacular, what this young woman is able to accomplish. she's a 26-year-old married

woman. she's training now for her third olympic games and i was the last female gymnast to do that 23 years ago. what she's doing, i am in complete awe of, my kids are huge fans of simone biles, and what i love, she's enjoying this journey. she's miling along the way. an amazing teammate, and she's going to leave a lasting impact. >> what will you be watching for this weekend? she has five more chances to medal. >> you know, i will just be watching her be an amazing leader. if you look at them on the floor, this world championship gold medal-winning team, the most diverse team that america has ever put out on the floor. there's three african american young women and an asian woman and they are together. they are bonding. they are friends. they are laughing, really enjoying this and there's a significant amount of pressure on them. i know being an olympian three different times that you feel the weight of the world on your shoulders. you're representing your country and recognize that millions and

billions of people are watching you. however, they're smiling. they are laughing. they're enjoying every part of it. that's what i love that simone changed that aspect of the sport. >> and something you said. a third olympics, training for a third olympics. normal person seize 26 says that's a kid. the world you're from, it's the exact opposite of that. and yet she's able to do it with joy. >> oh, yeah. >> piece that together? how does that work? >> when i was 19 there was an article that came out that said you can't teach an old dog new tricks and questioning if i was capable of qualifying to my second olympic games and i was a teenager. so at 26 years old what she's doing today is spectacular. however, for whatever reason, the age is a little skewed older, shylease jones in college, signed to go to college. amazing what they're capable of doing and physically doing the best gymnastic i've seen out

there and 19 or mid-20s which is exciting to see. >> and this comeback for her, makes it all the more extraordinary. does it not? the return even stronger if that is possible? than she was before? before she stepped back, after she was getting twisties, et ce cetera, coming back this way. it's remarkable. no? >> i think it's remarkable and i bet you she feels as if there's something to prove. that 2021 olympic games in tokyo was not what she had set out to do. however, she did experience a mental block. she experienced the twisties. she did what was best for her physically as well as mentally and emotionally. she was a game-changer in that right, because then more athletes felt comfortable speaking out about mental issues they were dealing with on and off the court. so she was able to make an impact in that regard. as an athlete, remiss wishing you weren't able to make it fully through and i know she'll be able to do that in the 2024

paris olympic games. i keep saying to my husband i think this young lady can think about qualifying to her fourth olympic games in 2028 in l.a., and how sweet would that be? >> how sweet would that be. >> i'm tired thinking about that. the amount of training that goes into it. but it's extraordinary, and it's a joy. i feel like as much as i was concerned with her mental health and how she was in 2021 i felt a loss. didn't get to watch greats in and we get to again. dominique dawes, thank you very much. >> thank you for having me on. "cnn this morning" continues now. the race is on to replace kevin mccarthy. >> two candidates have already officially jumped in. >> the most pressing issue is not ukraine. >> behind the scenes there are raw emotions, feelings, bad will. >> standing up for principle can sometimes be painful. new york's attorney genera

the level of the crisis. before you go, can you talk about what biden is saying, the president, while the house is speakerless? there is a big push on what does this mean for ukraine funding? >> reporter: we heard directly from the president yesterday where he conceded he is worried but also made the point that there is support for ukraine among republicans and democrats. now, of course, as we're seeing this leader race unfold we're also getting a sense of who would support this type of aid package. for example, jim jordan has announced he's going to run for

speaker, but has also said clearly he would oppose ukraine aid. so the president is really trying to make the point that this is still a priority. it is important. it is something that will be talked ak with his national security team today, and that he will eventually be making a speech on is not expected this week but just underscores that this is still very important to the white house. we should also know that the president convene add call with allies this week to reassure them that the u.s. still supports ukraine in all of this. so this is still an unfolding story, and officials are keenly aware they could run out of funding and that the house speaker that is chosen is going to play a big role in getting more of it. >> of course. priscilla alvarez thank you for the reporting on both fronts. more trouble for president biden's dog commander. the white house dog involved in more biting incidents than reported. and the wife of senator bob menendez facing already federal

bribery charges. now reinvestigation into hitting a pedestrian with her car. new video evidence released ahead.

an update on that shooting in morgan state and the manhunt for the suspect intensified overnight. baltimore police releasing new surveillance video taken near tuesday's shooting scene that injured five people, four of them students. kniss all happened during homecoming week. police have not said who these four people are or why they are wanted, but they did release a statement "detectives need your help identifying these individuals that were seen in the area." officials say four victims

remain in stable condition in the hospital. one has been released. classes canceled for the rest of the week. all homecoming activities including the football game also canceled or postponed. we'll keep you posted. later in new york donald trump is not expected to appear at his new york fraud trial today after spending the first three days in court. he flew back to florida but not before attacking the judge and new york attorney general letitia james. take a listen. >> the judge already knows what he's going to do. he's a democrat judge. i'm stuck here, because i have a corrupt attorney general that communicates with the doj in washington to keep him nice and biz pip borrow money, bay it back and get sued by a political animal. >> the attorney general of new york letitia james respond to that this way. >> what they were, were comments that unfortunately fermented

violence, race baiting and comments that appeals to the bottom of our humanity and i will not sit idly by and allow anything to subvert the law, and lastly, i will not be bullied. >> joining us, joy jackson, john athlon and host's pbs "firing line" margaret hoover. just to the law of it. this is different than the sanctions put on trump, because of the warning from the judge about the attack on his clerk. but is there anybody breaking the law here about what trump is doing? it certainly doesn't help his chances legally does it? >> so you would think in a case where a judge is the all miss determinator of not only factual issues. remember, remaining claims, but also what's going to happen to you. what's a receiver of your business going to look like to dissolve your assets? what is the issue relating to

the peltsnalties and fines goino be? significant. will you have your business licence. you would think in that context you would behave yourself or not be so infilm inflammatory but i guess he can't happen it. the gag order pertained to the clerk but not to the decorum. whether the judge uses that in the case itself? what do i mean? the case is about the facts and circumstances in the courtroom. if you have a particular person in a case who's a defendant not real obeys judicial rules and orders, really it was the clerk, you respect rules relating to financial statements and other things. whether the judge is influenced that way is something i'm looking to see ultimately as he make his decision. >> interesting the attorney general fired back yesterday.

she spoke before the trial started, had been there and amazing picture of her kind of sitting behind the former president looking at him in the courtroom but hadn't heard a lot from her or her team. that changed yesterday. how much of this is not just a civil case, not just what we're seeing in the courtroom but also now a very outside p.r. almost political fight going on? >> you know i think she's been incredibly measured as an attorney general. i mean, she has been the subject of so many of his social media blasts. you recall, it's almost commonplace now for donald trump -- commonplace since he emerge and the escalator in 2015 for him to go after the judicial system and call, and name leaders in the judicial system, judges in particular presiding over his cases as racists. as long as they're not white men they are racists and so -- i actually think this is less about p.r. but glad she finally said something and called out to it. what's really potent is how

unhinged donald trump is about this. it almost seems he is more unhappy about the potential loss of his business new york than he is about 91 federal charges. >> sure. yeah. >> john, on that point, just looking at quotes from her when she was running for attorney general about trump. and she did campaign on calling him a "illegitimate president." she said "unscrupulous president" in 2018. but does any of that change the picture here? >> it's not a good look in the rearview mirror of history and one reason why people running for positions like attorney general should stay out of the red meat of politic on the extreme edge. that said, this is now about where the rubber meets the road with regard to the law. this is about equal justice under law. about accountability. something trump is traditionally resistant to and hitting him in the wallet, what really gets his attention potentially. trump's always, not about decorum. he's about playing to the court of public opinion, trying to

play the refs. significant it's not going to work. it's not even a jury trial. it's all about the judge. >> the p.r. aspect is almost unnecessary. we're not trying to persuade anyone here except the judge. this really sort of is out of the court of opinion now. this is in the courts. the courts are doing their thing. >> amazing to try, the person you need to persuade, attack him repeatedly over and observer again with rage. moving on. talking the last couple weeks about indictment of senator bobmondsmond and his wife nadine. cnn obtained this video. show some of it from the police in new jersey showing nadine hitting and killing a p.e.d. in pedestrian, not at fault for the crash, menendez' lawyer said a tragic accident unrelated to her current charges. hinted at inside the indictment. and also i think the reason why they got a new car, which is

mentioned in the indictment, which she texts harry husband about. a gift car. >> a gift. >> this is extraordinary. is this -- when you watch this video, saw this play out what do you see? >> what happens is, just separating the two. right? what the defense will say in temples of the indictment, because that's relevant now. she has to, ms. menendez in addition to other co-defendants, the senator have to fight the indictments. how does this past thing play into that? at relates to hur conduct in terms of the hit-and-run make judgments with, did she do the right thing? should she have been charged analyzed for blood, alcohol, anything else? make all of those arguments. defense will say, look, she was not charged. the police made a determination she should be let go. the reality was no criminality. how it plays here, big time. what will they do and say? in the federal case they're going to say think provide as motivation why you needed that mercedes. engaged to conspiracy, bribing. in addition, final point, no one

likes a person if you look at that tape who does not as much as they can to help and when the jury learns about what she did her inaction, that kind of enflames them. this is a kind of prosecutorial tactic kept out and if it gets in it's going to be problematic. >> charges against her. what about for the senator? >> all how it relates to his pattern of alleged bribery. the problem here is that, you know, who gets gift add brand new mercedes after they kill a person, even accidentally? what does that person expect to get for the gift of a brand new mercedes? it's shiady. judgment is. >> a lot more to get to ahead. and asking about rudy giuliani's drinking habits. how it plays into the legal matter and how rudy giuliani is responding. >> when the hell was i drinking? i was working 24 hours a day. it's a big damn lie.

any of the candidates stood up today trying to defend mccarthy in truth is open for primary returns. you got to make decisions here. >> that is steve bannon, former advisor to president trump, who now streams live. missed the word "war" behind him. that s said war room, from his basement every weekday. he helped lead to demise of kevin mccarthy as house speaker. >> for weeks mr. bannon strategizing with congressman matt gaetz on a bid to take town mr. mccarthy offering himself up as a sounding board. kaboom texts minutes after mr. goetz filed his long dangled motion to oust the speaker. i want to bring our panel back, and the john, start with you. i was grinning start of this, because this is the most bannon thing in the history of bannon

things, and there was almost no chance he wasn't somewhere in this process. >> uh-huh. >> but even though it was only eight republicans, he still manages to have a significant voice, pull, and amount of muscle inside the house republican conference? >> yeah. because bannon is to some eck tent a dirty trickster for donald trump. the worse it gets the better from his perspective. someone who wants to see it all burn down if he can't control it he wants to undermine it and that's what steve bannon does. just like before january 6th, went on the same podcast or streaming, saying things will be quite extraordinarily different. still don't know what he meant why in. foreknowledge. in this case foreknowledge goetz would take town trump and had been behind it. significant, the threat to primary any who defends speaker mccarthy. not an extremist you're his enemy. the way that has sway among

folks inside the republican party, because of fear of the base and his connection to donald trump. >> i keep thinking about this question. thinking about it on the way home from washington yesterday, and this morning. what did getting rid of mccarthy solve? that's his aim. right? seriously. what is it -- for them? for him? for all of them? >> here's exactly what it is. i want to be careful not to give steve bannon too much credit for being mast per mind of any of this. matt gaetz filed this the reason he ended up becoming speaker last time. remember it took 15 rounds. steve bannon wants to burn it down to have an impact, his mark on something. he doesn't want to build anything. what does he get? gets a win. he gets a notch on his belt because they were, he was able to, like, get a "new york times" column writing an his taking out speaker mccarthy and his role. we all knee speaker mccarthy would only make it maybe until

august. an extra two months. this conference is actually, you know, deeply divided. completely factionalized. no leadership. frankly, i don't have any sense about how they're going resolve this and i'm talking to republicans all the time. there is no clear path how we'll have a speaker in the next 45 days unless it gets so painful some republicans take one for "the country". >> what a crazy idea. putting country before party. >> if they do that, they will lose their seats. that's where this country is. i love your idealism. >> thanks. >> that is not reality. >> realistic. 18 republicans who represent districts where joe biden won. like to see moderates have the same spine and cojones frankly as folk on the far right. it's fear of the primary seems to motivate everybody in politics -- >> because they'll lose! >> shouldn't there be a legal strategy or other strategy in

place as to relates to removing a speaker? remove a speaker with no plan in place to present an alternative? >> no. because this isn't about plans or strategy. it's about brute force and fear and division. >> but things have to make sense. >> no, they don't. >> joey -- >> in washington, joey? i love this. >> forget t. i want to tell you, welcome to congress. i'm sorry. >> exactly. >> you would go back. >> why you're a lawyer. >> i do -- just stay in your happy place. speaking of which, i want to ask you, "new york times" is reporting on rudy giuliani and that he had -- heavy drinking and allegations of that to which giuliani responded, i think we have the sound. right? >> [ laughter ]. maybe sue them for that? yeah. i will comment that if i have an alcohol problem i should be in the guinness book of world records. 79 years old, and i'm an alcoholic. when the hell was i drinking? i was working 24 hours a day. it's a big damn lie.

>> to be clear, the reason why this matters, beyond whatever rudy giuliani's personal issues are or alleged to be, special counsel according to the "times" asking about this and potentially plays into the advice the former president was getting. can you walk us through that? >> the reality is this. right? all cases are about factual renditions which occur in the courtroom but if you're a lawyer and have an obligation to advise, right? that advice presumably is based upon coherent evaluations and facts of any particular evidentiary issues. so was giuliani drinking could be fair game inasmuch as not to be inflammatory or defamatory but in term what's was his analysis? >> a defense for trump to say, on advice of counsel? >> well if there is such an advice of counsel defense. relying upon advice of counsel

you would presumably think it would be cogent, in tune with reality. >> saying drinking election night giving advice to declare victory. that's, i think, why it's of interest to jack smith. >> in the courtroom -- all right. got to go. >> what? >> to be saved. >> again, the suggestion. >> are they? >> no, they're not. >> thank you, guys, very much. >> thank you. >> commander biden in more trouble? new reporting about why the first dog is no longer at the white house. and this video just in to cnn showing migrants rushing the border near el paso as the biden administration gets ready to move forward in building some border wall. new reporting ahead. stay with us.

this morning we're learning that commander biden is out of the white house. we're talking about the first curb's 2-year-old german shepherd commander who has been removed from the residence, we've learned after it appears he was involved in more biting incidents than the 11 reported. joining us, betsy klein. last week bit a secret service agent and now more than was thought? >> reporter: yeah. we knew over the summer commander biden had bit about 10 secret service employees and the number grew last week to 11. talking to white house sources

it became clear the number was much higher's in the dozens and not just secret service, residents, staff and other white house personnel. those bites ranged in severity. one person was treated as a hospital, but other people were undocumented and untreated for these injuries. >> betsy, this is fascinating. focusing on commander and the dog and everybody likes to talk about dogs generally, but also you report a real tension between the biden family and the secret service. walk me through that. >> reporter: yeah. so this started, really, back in 2021 when there were incidents with the biden's first dog major who was biting secret service and other resident staff. that was reported at the time, but sources tell me that really led to a breach in trust. a very stressful situation for the president and first lady. and, you know, secret service says that there is, any report of tension there is categorically false, but one source familiar with the relationship described it to me at combustible.

>> hmm. what happens to commander now? >> reporter: yeah. so, you know, it's a workplace safety issue. now, we know the white house is a house but also a workplace for hundreds of people. concerned about their safety, colleague safety and recognition by the president and first lady they needed to take steps. workplace safety last night, heard from the white house, from communications director to the first lady's assistant, saying commander is not presently on the white house campus while the next steps are evaluated. this is the president's dog. he's a part of the dog, travels with the president. what happens snex really important. >> we don't know the answer to that key question. interesting reporting. thank you, betsy. >> reporter: thank you. funding for the war on ukraine is front and center in this leadership battle in washington. meanwhile, in ukraine this -- fo

critical.