>> thank you very much. this is a continuation of the single greatest witch hunt of all time.

we have a rogue judge who ruled 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 who ran on the basis she would get trump before she even knew anything about me. she used this to run for governor. she failed in her attempt to run for governor. virtually no following. she came back and said now i will go back to get trump again. this is what we have is a scam and sham. just so you know, my financial statements are phenomenal. they are actually less in terms of the numbers used than the actual net worth. the actual neath worth is substantially nor. no bank was affected or hurt and don't know why they have to be involved. they have so testified. they can't believe that they are involved because they were paid back on time, there were no defaults, no problems, and it

was like a perfect client. meantime people are being murdered all over the sidewalks of new york. there was no victim here. the banks were represented by the best, biggest, most prestigious law firms in the state of new york. actually in the country. some of the biggest and best law firms in all cases the biggest and best law firms. that's who represented them. the banks got back their money. again there was never a default. there was never a problem. everything was perfect. there was no crime. the crime is against me because we have a corrupt district attorney but we have a corrupt attorney general, and it all comes down from the d.o.j. they are coordinating this in washington because i'm leading biden by ten points and leading the republicans by 50 and 60 points. that's much they say is over. i never accept that. they say it's over.

election interference, plain and simple. they are trying to damage me so i don't do as well as i am doing in the election. our country has gone to hell, a country in serious decline. a man running our country who has no clues and doesn't know what he is doing. you have to cover him. what they've done with open borders, what they've done with interest rates, and taxes, it is a disgrace. so what we have here is an attempt to hurt me in an election. an attempt to hurt me in an election. this never happened before where a president of the united states leaves office and gets indicted. the reason i got indicted i ran. if i didn't run i would be sitting at a beach like biden does every time even though he is supposed to be working. very simply put, it's a witch hunt, it's a disgrace. we have a corrupt attorney general in this state. you see how she does.

this trial was railroaded and fast tracked. this trial could have been brought years ago but they waited until i was right in the middle of my campaign. the same with other trials and indictments. all run by d.o.j. which is corrupt in washington. everything goes through them. they are all corrupt people. frankly, our country is corrupt and it is one of the reasons i'm running. we will straighten it out. they have one property that is worth anywhere from 50 to 100 times what this judge put down as a value. put down a value of $18 million and the property is probably worth could be anywhere from 50 to 100 times more than thachlt a lot of those numbers could even be low. we have other properties the same thing. he devalued anything. i didn't even put in my best asset. the brand in terms of value. coca-cola, look at their value. they have a value, the value of their brand is more than

everything else put together. my brand is extremely valuable. i didn't use it in my financials. if i wanted to build up a financial statement, i would have built it up by using brand in addition to everything else. we have the greatest properties -- we have among the greatest properties in the world. i have to go through this for political reasons. this judge is a politician, he comes out of the clubs, he is running unopposed. the reason he is unopposed is because he is getting trump. they always run opposed. he is getting trump. the bosses say don't run against this guy, he is doing great. he is getting trump. he overplayed his hand and he should be investigated for what he has done. what he did in undervaluing these properties is a disgrace to our nation. this shouldn't be a case. one other thing, we have a clause in the contract which tells essentially buyer beware. the contract is very, very -- if

you take a look and speak to the banks. i hope you speak to the banks. they got paid in full. i hope you speak to the banks. but we have a clause in the contract, it is like a buyer beware clause that says when you take a look at the financial statement, don't believe anything you read. this is up front. don't believe anything you read. some people -- it makes the statement and anything you read in the statement worthless. it says go out and do your own research and due diligence. you have to study the statement carefully. do not believe anything. in fact, it is so strong that people read it and they don't even accept it. they don't even want it. they don't even use it. it is called a disclaimer clause. it's very common. if you put it in, if you don't have time to do statements or even if you do have time, people like to have it. this is what is called a full disclaimer. we disclaim the financial

statement. but even with a full disclaimer, which immediately takes you out of any fraud situation and any litigation, by the way when the attorney general found out about disclaimer clause she said that's okay, let's go forward anyway, it is good publicity. these are corrupt people. the most corrupt people. we have a great company, i built a great company. it has tremendous value and some of the greatest real estate assets in the world and now i have to go before a rogue judge as a continuation of russia, russia, russia, as a continuation of the greatest witch hunt of all time and i don't think the people of this country are going to stand for it. if i weren't leading in all the polls or if i weren't running, i wound have any of these cases. i wouldn't be seeing you this morning. but i'll be seeing a lot of you because this is a horrible thing that's happening to our country and we have to get it

straightened away. so we'll go in and see our rogue judge and listen to this man. i think most people get it. people are getting it. i can tell the voters are getting it. every time they give me a fake indictment i go up in the polls and that's never happened before. but this is a disgrace. and you have to go after this attorney general because she is turning off everybody from coming in. i don't know if you take a look at the outflow of business, businesses are fleeing new york because of horrible, horrible attorney generals and judges like we have. they go to other places where they can be treated fairly and with respect. thank you very much, everybody. thank you. thank you. >> bill: there we have you could say the opening statement in donald trump's civil trial as he heads into that courtroom. called the judge rogue, said the a.g. is racist. no bank was affected.

no victim here. we'll get to our analysts. he said it's a scam, a sham. it's all election interference an attempt to hurt me in an election. our coverage continues live in new york. what's turned out to be a busy monday. i'm bill hemmer along with gillian turner. nice to have you here. joining our coverage byron york, jonathan turley and john yu, formal official at the department of justice. first nate foye is the correspondent outside the courthouse. give us a sense of what just happened. hello. >> bill, good morning to you. today is day one of what's expected to be a month's long courtroom battle where former president trump could lose hundreds of millions of dollars in his net worth could be pushed down as a result of this trial. that's something that new york attorney general leticia james claims trump lied about in recent years.

you heard trump saying no wrongdoing and he called the judge a rogue judge trying to misrepresent him. take a look at this video within the past hour. former president trump made his way down to the courthouse. you heard him speak. it comes after a weekend campaigning in iowa as well as california. he spent last night at trump tower, one of the properties that the judge found he fraudulently overvalued for tax, bank and insurance benefits. there are some protestors this morning, bill. trump calls the trial a sham. again you heard that. he denies overvaluing his properties on truth social writing i have not even included my most valuable asset, brand. he speaking about judge should resign from the bench and be sanctioned by the courts for his abuse of power and his intentional and criminal interference with the presidential election of 2024. now this is a no jury trial. the judge will sole discretion

in punishing the former president and his family. james filed suit against trump last year along with his family and the trump organization itself. she is seeking a $250 million fine and severe restrictions preventing trump and his family from doing business in new york. the state has a long list of witnesses they intend to call, that includes former president trump and his children. this trial is expected to last through most of december. again today a day one. send it back to you. >> bill: good work there. nate foye back to you as we get developments from downtown. let's go around the horn. >> gillian: let's welcome to the program john yu, former justice department official. turley teased out there are two strategies here on the part of the defense. political strategy and also the legal strategy for lack of a better word to define both of those things. what do you make about what you

just heard from the president? that seems surelyly to anger the judge presiding over the case. do you think it's a smart move? >> well, he can look at it in two ways as jonathan does. a political strategy and a legal strategy. i actually think they are at great odds. i think that trump has already decided i will lose on the law. last week the judge made all the key findings against him. so what i think president trump has done is turned this all into a political strategy. what you just heard, i like what bill said. the opening statement. i would change it and say it was the acceptance speech at the republican national convention because everything he said whether it's true or not, is all into the political sphere. everything he said could only make sure he will lose, attacking the judge for being rogue. saying the attorney general is racist. now there is no way that this judge is going to find at all in the favor of president trump. i think on appeal he is going to

lose because it is not the kind of case appeal judges will want to get involved in and reverse factual findings by the trial judge. so i think what you are seeing here is actually throwing in the towel on the law and using it instead as a platform to amplify his political message. that political message will tube and tank his ability to prevail at all in this legal case. >> bill: two questions. we aren't looking for victims as they relate to the victim of real estate assets. i just made the statement there is no victim here. does he have an argument on that and do you have to prove there was a victim, a? b, if the judge ruled last week, what's this all about? >> this proceeding itself is really just about how far should the judge go in punishing trump and the trump organization and his family for the violations of

a law he already found last week. if you want to compare it to a criminal case. this is the sentencing phase. the judge has already found that trump has lost. he is only trying to decide how many years is the trump organization going to stay in the penalty box and not be allowed to do business in new york. you are quite right, bill. he does have a legal argument. his claim that nobody was hurt. nobody on the other side of these transactions, the lenders didn't feel they were defrauded. they got paid. however, the trial judge has already rejected that defense. in fact, he said i'm basically going to sanction the lawyers for trump if they keep repeating this defense. i rejected it over and over again. >> bill: i'm trying to follow the legal order here, right? if the judge ruled against him a week ago, why can you not appeal that ruling first before you essentially move to this next phase? >> that's a good question, bill. you would think you should be

able to go right away to the appeals courts. usually they want to see the whole thing over. so they like to see the trial in a nice box with a bow wrapped on it, everything is complete so that they can settle the thing all at once if they can. and so for example they might say maybe the trial judge here will actually be pretty lenient in the kind of punishment it hands out to trump organization. maybe they'll even settle. you often see that sometimes. there is still time for trump to settle for the attorney general to settle. although the thing you saw in this i think of it as an acceptance speech at the convention. trump doesn't want to settle. in fact, trump has decided politically he benefits the more confrontation and the more fighting that he engenders throughout this legal process. i think the appeal at judges will wait and have a month and however i'm afraid, i don't see an appeals court reversing. they don't like to reverse trial judges whether they find what we

call facts here like what exactly happened. how much money was lost. or not as you point out. what kind of defenses were appropriate or not. usually the appeals court only want to focus on questions of law, maybe there is a question of law about whether the state should wait after the presidential election. an unprecedented claim to take up on appeal. i don't think there are a lot of grounds you could have a successful appeal here. >> gillian: john, in light of the fact you say the judge determined fraud was committed in this case, i guess the question is what is the judge hoping now to lay bare going forward during the actual trial? meaning is this going to be exclusively about the mechanisms by which the fraud was committed? we talked about insurance fraud, falsification of business records. is it now incumbent on the judge to prove to himself that at

every step along the way these illegal moves were carried out? is that the right way to look at this, what we expect over the next few months? >> in a way, gillian. what a judge does having decided fraud occurred, is what kind of punishment and damages we call it on the civil side of things is appropriate. they look at two things. first, how do you compensate the state and people of new york? the other thing, you saw a glimmer of this in trump's remarks just now is what effect is this going to have on new york and on the trump organization going forward? if you were a judge here, one thing you should be conscious of -- i said this what trump mentioned, what effect is this having on new york, already a city beset by crime, beset by politicians who president trump is saying are corrupt? new york is the financial center of the united states if not the world.

the greatest financial companies set up and do business there. what if the message this trial sends out is well, you can come to new york and do business but only if you are a democrat. if are you a republican we'll start using the political system to harass you. a judge might think i don't know if i want to overly punish the trump organization if it will send a message out that businesses and corporations which are new york's lifeblood should do their business somewhere else in the united states or even abroad. >> bill: interesting point. want to bring in jonathan turley. professor, what did you think of the statement just made by the former president? what did you take from that? >> well, the president made some valid points. it is true that these forms come with a clause that says you shouldn't rely on the representations that have been made. but the court rejected that argument. >> bill: i have interrupted you

so many times. i think we're seeing something that we frankly did not expect. there is a camera in that courtroom. was that supposed to be or would they just be simply ushered out when we're gaveled to order? >> well, you are more likely to have cameras in state proceedings. it is up to the discretion of the judge. and quite frankly i'm not too sure that both parties would want this. trump views the optics of this as working to his advantage. people looking at this live picture right now will be either filled with rage or they will be thrilled. and that's the problem is that you have james now being shown in the background. you have trump in the foreground and it fulfills the narrative on both sides. trump is likely right. he is being shown in a sort of tag team series of prosecutions

and civil lawsuits where one prosecutor attacks another. they are all insisting on these trials occurring before the election. there are many people that find that troubling. and so he is right in that, i think, it is not going to do much in terms of his standing in the election. the problem that he has is this new york law that the new york law is different from most jurisdictions. he has been prosecuted with what's called a section 63.12 action. you don't need to show intent to defraud and need to show that people lost money. i think a lot of people will look at that and go why have all of these proceedings. this huge effort if no money was lost. it gets more wicked from there because the state can disgeorge profit even though people didn't lose money. in a case like ernst and young

and other cases, they were able to get millions of dollars to disgorge the process even though they weren't damages to anyone in particular. so this is not what most people think of when they hear that someone has defrauded. the state here is saying we want the profits because there is a pattern of fraudulent representation. >> bill: listen, byron york joined the conversation. what we just saw was extraordinary. >> gillian: we lost the camera shot. did the photos get thrown out. >> it was a photo op inside a courtroom that doesn't allow cameras but they allowed the video cameras and still photographers to come in, get a shot of trump. get a shot of leticia james and a shot of the judge who took off his glasses and smiled at the

camera. i think it's quite stunning what we just watched here. >> i was struck by that, too. the judge seemed happy to be there and happy with the cameras being there, too, which is exactly one of the things that trump is arguing here. it is part of his case that this is all political. i did want to add one thing to our conversation so far. in trump's remarks, you got a sense of real anger from him at these people who are criticizing his business, especially those who suggest his assets and business are worth far less than he says they are. that has been a theme throughout trump's entire business career. one of the specific things they are arguing over right now and one of the things trump is citing in his defense is the value of mar-a-lago, which is his club and winter home in palm beach. if you look at the judge's

decision basically ruling against trump last week, he notes that between 2011 and 2021, the palm beach county assessor appraised mar-a-lago at between $18 million and $27.6 million. now, the trump people are saying this is absolutely insane. there was a house in 2021 in palm beach that sold for $122 million. palm beach real estate prices are not in the real world. there are hundreds of millions of dollars. trump claimed that mar-a-lago was worth somewhere between 426,000,612 million. maybe that's too much but clearly 18 million, the figure that trump mentioned in his remarks, is something that is really stuck in his craw and something that they are using -- trump is using as a defense saying the judge is holding trump to a crazy low standard of

real estate valuations when, in fact, properties are going for tens and hundreds of millions of dollars in palm beach. >> gillian: i have a question about court proceedings. let's start with jonathan turley. is there any way in which those cameras could have been allowed in the courtroom for a moment there without the express, explicit permission of the judge? >> i would be surprised. my understanding was there wasn't going to be photos. the judge controls that courtroom and most of the security will respond to these guidelines, which includes not allowing a television cameras inside. the judge did not appear to be surprised. in fact, he seemed to be jovial when the cameras were on and

could see there were photographers in that courtroom. >> gillian: for what legal reason would the judge allow that to happen? >> we saw in new york that the judge allowed a couple of still pictures to be taken and then got the photographers out. the judge here, i can't say with any service, it is possible the judge decided that there would be the same accommodation in this case and really the framing of the photos i think quite frankly help trump. you have james in the background looking quite satisfied. trump looking quite stern and the judge looking like he was in a wonderful mood. for people that view it through one lens it will reaffirm this is a canned hunt. he is the one in the box. >> bill: as you said, professor,

about five minutes ago people looking at this will either be thrilled or angry. the photographers are out, opening statements will get underway shortly. paul mauro joins us here. he has been all over the city and in that courtroom and building as well. what do you make of the events so far today? >> the thing to remember is the judge that's power to control the situation inside the court. as far as whether or not we are going to see the kind of coverage that you are talking about really comes down to what the judge says. look, one of the things that occurs to me immediately upon seeing this, the appeal is already being contemplated over the valuation of the land. what are we talking about? a civil case, that's money, and whether or not it actually plays into the political process here is the question that everybody has. and civil case regarding donald

trump's business practices really only play into that to the extent he is able to fund his campaign. and with the likelihood there is going to be interlock tore appeals that drag out the case, look, any trial of this magnitude that occurs in new york city where the heart of the media is going to have maximum coverage. this thing is going to be a feeding frenzy from beginning to end. that said we should understand it will be a long process. >> gillian: this is exactly what i was trying to get at with jonathan. i want to double back to this question about because what we saw just now was so surprising, right, the entry of video photographers inside that courtroom when it was our understanding this is not allowed, no exceptions would be made for this trial, is there any way in which media sort of muscled their way into the courtroom without explicit approval?

or we're pretty sure the judge would have had to sign off on that move in order for it to happen? >> there is an -- easily a likelihood that the media mass rushed it, okay? i don't know if you saw the debate we had last week. when all the candidates came out on stage the media suddenly swarmed the front of the stage. stepping on each other. i was there. there was trampling each other to get in front and get the best photos. in situations we're debriefing a prisoner chained to a hospital bed, guard outside, the hospital police are downstairs, and i look up and there is a reporter in the room. so to your question the media in new york is violating the laws to get photos, yes. >> bill: you said it will be a long case and want to bring in john yu.

numerous criminal cases where a still camera come in and take pictures and it is in the newspapers all over town. it is not that it doesn't happen. we were told it won't happen and it did. john yu, october 2nd, today, we're told this case will go for three months. and donald trump has said that he wants to be there at least for the first week. how is this all work out? >> that's an incredible amount of time. three months for a damages phase just figureing out how much the fraud cost the state of new york? that is incredible amount of time. it may be worth it because trump essentially declared he will prove that this cost the state of new york nothing, right? he will try to bring in everybody who was on the other side of a deal with him and ask them do you feel you were defrauded? he has that right to do that. actually, it's harder for me to imagine who are the prosecutors

going to spend a lot of time bringing forward? they've already won. they have already showed in their view and in the judge's view the overestimates of all the properties and they will try to show that trump got favorable deals on this mortgage or that mortgage perhaps but i think most of that will be accounting. trump is the one, i think, actually who will be really in control of how long this goes on for because he is the one who could bring forward the most witnesses. the other thing -- >> bill: trump is on the witness list. it doesn't necessarily mean he would take the stand. we'll see how it develops here, though. allen weisel berg was trump's accountant for decades. he has already been to jail. he is now out of jail and served his time. would he really hold the keys to the financial kingdom that donald trump ran for the past 30 years? >> i actually think -- he could,

there are a few other people you could see coming to the stand who also would really know in addition to weiselburg who would have his lawyers, his bankers, really members of his family might be important people to testify. and if you look at this not really as an effort to win but as an effort to use this as a platform for attacking what president trump sees as his persecution by these rogue prosecutors and judges, then the individuals going in and out of the courtroom this is unbelievable for media. a free campaign ad. he is going head to helped with his persecutors. i think if he follows through i could see him taking the stand, going under oath and saying the exact same things. this would be unparalleled. it would be not only it would be the trial of the century but only a few weeks. this is a preview of what we'll see in the criminal trials like

a proxy war. the stakes aren't as high. no one is going to jail for any of this. you will see an early preview. >> bill: did the prosecution of weiselburg tell you a little something about maybe the legal distaste there might be in manhattan? let me explain myself here. he was 75 when he went on trial. 75 years old. apparently he got a break on a car or a break on an apartment or was given breaks on tuition and none of that was reported. now, i confess to you that is wrong. but do you put a 75-year-old man in ryker's jail? >> that's what president's trump mains claim is. it doesn't work in a courtroom but powerful outside the courtroom. why is the state of new york with all the bad things going on in the city and in the state

right now using its vast law enforcement power, as you said, to target a 78-year-old man for low-level accounting fraud? why are you going after donald trump now? why didn't you go after him three years ago? why don't you wait until after the elections are over and then decide whether to pursue him? this is a claim of misconduct by prosecutors and poll itization of prosecutors. it doesn't work in the courtroom even though it has vast appeal outside the courthouse. >> bill: your point about trump taking the stand, i think, was fascinating. jonathan turley, do you agree to the point he was making that trump might be eager to state his case in that courtroom? >> i think he is eager to state the case. i don't think he will be eager to take the stand. that is a very high risk proposition for any defendant even in a civil case, certainly one who is running for the

presidency. the optics of this casework to his advantage. some of the merits do. i think the fact that they are not alleging that people lost money here. the question about the value of mar-a-lago. those are the types of arguments that do resonate with people. they can understand that. many people will be wondering why you have this huge production when nobody actually lost money and that's largely because of this new york law, which ironically was pushed through by jacob javits who became a republican senator from new york when he was holding the position that james is holding now. but in many respects, this case has everything trump wants to concentrate the mind of the public. you've got an attorney general who ran on bagging donald trump. was not concerned about what she would find or what she would

charge on, she ran with a pledge she would get donald trump. you have a case in which there is no indication that money was lost where you don't have the victims as the banks, for example. the optics here are really good for trump and he knows it. and even the image of his being brought into yet another new york courtroom leaves this impression of prosecutors daisy change cases to keep him in court rather than being on the campaign trail. having said that, i still can't believe that he is really going to go from soup to nuts on this case. it will be a lot of time in a courtroom for a guy who is running for the presidency. >> gillian: to your point, jonathan, the judge has already determined that he committed a crime, fraud. but if the judge, through the course of this trial, also determines that trump is correct, that the banks feel they were not defrauded, all the loans were paid back on time

with the requisite interest payments, a victimless crime. what does that translate to in terms of a ruling here? >> i think there is a very strong argument here that barring trump from doing business in new york would be a serious overkill unless you can show those types of injuries. there is no question that the law is written broadly but this is where the alleged lack of victims plays a big role when you are looking at what the consequences of the alleged fraud might be. and so i think he has a good argument there. the other question is really, i think john was right about this, that a lot of the witnesses they are going to call will be fairly strong for trump. the prosecutors will just show over and over again this valuation was too high and they have objective reasons for it. but trump's team is going to be

hammering away at the fact that these are figures that are meant to be taken with a grain of salt but keep in mind the judge doesn't like that argument and has already come down on the lawyers. so you could see some fireworks in that courtroom as trump's lawyers try again to raise this issue that there was this clause that said you shouldn't put any weight on this and do your own due diligence. the judge has shown little patience with that argument. >> bill: sir, terrific. thank you. byron york, final comment as we now believe opening statements are in all likelihood underway inside that courtroom. >> given the circumstances, donald trump accomplished what he wanted to accomplish today. come, make his case before the cameras and everybody was watching when he did it. and appeared defiant in front of what he says is a persecution of him. he had that kind of mug shot

expression on his face in court while the judge looked kind of giddy to be in the middle of all the excitement. so i think trump's case was -- this is all political, this is a political persecution. if i weren't the candidate and running and so far ahead none of this would be happening. i think he got to make that case today in an incredibly big platform. >> bill: paul, last comment. >> well, i think that this is going to be very interesting because brings together a lot of things in the public. not that dissimilar case going on here with jose alba suing the city of new york making claims that his -- >> bill: he is the gentleman who owned the bodega. >> right here in new york city, a lot of the issues that are splitting the country right now

will be in high relief in two cases that are playing outside by side here in downtown new york city and we will get a lot of coverage. that's where the media is, right? they'll be there every step of the way and the results i think will be very interesting. >> gillian: i want to circle back to something we were talking about a moment ago. there is reporting from other outlets that the judge did deny requests from the media to allow video cameras inside this courtroom and that officially happened a short while ago. we don't know whether it was before or after the media managed to get inside the courtroom before opening statements kicked off but that goes part way to answering the question you and i were discussing a few minutes ago, which was could the media conceivably have muscled their way into their courtroom unauthorized? >> there is no way the media was there without the judge's permission. the judge has the full power. that's just the beginning and end of it.

the judge is the dictator in court. if they got in and stayed it is because the judge allowed it. otherwise he would say to the court officer get them out. >> our folks are saying the judge allowed five still cameras in but denied the use of video camera. there was a video camera inside clearly. we'll have three months to do this. thank you. paul mauro and john yu and nate foye and byron york and professor jonathan turley. we move on, gillian, right? >> gillian: hard to move on from that. >> bill: this was quite a moment over the weekend. democrat jamal bowman facing a house investigation for pulling the fire alarm inside the capitol complex on saturday morning right before a time-sensitive vote on the government funding bill. chad pergram has the fallout and what's next on the hill. chad. >> good morning. there is an investigation by the capitol police and there may be an ethics investigation. he said it was a mistake.

the new york democrat said he usually uses the dor that was blocked and closed because of the weekend. gop members don't buy bowman's excuse he did not mean to induce panic and force an evacuation of the cannon house office building. he was a former principal. he knows what a fire alarm is. he has yelled and members and his behavior has been unbecoming. if it was an accident when the capitol police came to interview you why would you lawyer up right away? why wouldn't you say i made a mistake here? why let it go on? >> he said there should be an ethics investigation, capitol police and house sergeant-at-arms questioned bowman. >> the video will tell a lot. did he actually pull that fire alarm and then did he go and announce he did make a mistake or did he run as if he thought he might get away from it? the video that the united states capitol police are reviewing

will tell us a lot. ultimately the united states capitol police are conducting their investigation now. they may or may not make a charging decision. >> gop new york representative nichole malliotakis wants to expel bowman. democrats find it rich pointing to the g.o.p.'s lack of action regarding embattled new york representative george santos. >> they are protecting someone who has lied to the american people, lied to the united states house of representatives, lied to congressional investigators but they are filing a motion to expel a member who in a moment of pain i can was trying to escape a vestibule? give me a break. >> that is rare. the last was in 2002. >> bill: chad pergram. more to come. see where it goes. >> gillian: take a look. hunter biden is due back in

court tomorrow. as he faces felony charges for allegedly lying about his drug use trying to obtain a gun. david spunt joins us with more on the pending events. david, what do you expect? >> hunter biden expected the plead not guilty. we know that because his lead attorney said so in a court filing recently. the government says hunter biden lied about his drug use when filling out a form to get the gun. a gun his attorney said he owned for less than two weeks in 2018. two months ago in late july hunter was ready to plead guilty to a gun charge but the plea deal fell through in a very public way. special counsel david weiss is expected to be in the courtroom tomorrow in wilmington, delaware. last night 60 minutes the man who appointed david weiss, attorney general merrick garland insisted he is making his own decisions. watch. >> weiss is a longstanding career prosecutor and he was

appointed by mr. trump as the united states attorney for the district of delaware. i promised at my nomination hearing that i would continue him on in that position and then i would not interfere with this investigation. >> you are not participating in those decisions? >> no, mr. weiss is making those decisions. >> the white house is not attempting to influence those decisions. >> absolutely not. >> tomorrow we'll learn more about a court schedule regarding a trial. gillian and bill, don't forget the tax charges, part of the failed plea deal. those could come at any time, rephy. ed. likely in d.c. or california where hunter biden currently lives. >> dana: david spunt in washington. thank you. police are now searching for a 9-year-old girl. she went missing over the weekend while camping with her family. police say it appears she has been kidnapped. what the search teams are doing extraordinary measures to try to find her. that's coming up next.

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>> bill: so we have yet another troubling milestone at our southern border. sources telling fox news that a record number of migrants illegally entered the u.s. last month adding to the more than 2.2 million illegals that have crossed the border in the last fiscal year. casey stiegel is back at his post eagle pass, texas, which has been the epicenter of a lot of this. good morning, how are we doing the beginning of another week? >> bill, good morning. this is all according to cbp sources talking to fox news elling us the total number of migrant encounters they came across for the month of september at the southern border exceeded 260,000. for further context, we're

talking about border patrol numbers and also ofo numbers. ofo is office of field operation and those are the federal agents working at the authorized ports of entry. so when you combine that number with the previous 11 months, the number well exceeds 2.4 million encounters for cbp's fiscal year 2023 at the u.s./mexico border. you compare that to over 2.3 million for 2022. so we're talking about a new record. it was a busy weekend while we were out here in eagle pass. sources tell me there were more than 1600 crossings in just one day across the del rio sector while further south and to the east of us activity also picking up over in the rio grande valley sector. where the totals reached approximately 3,000 encounters over away the weekend. local sheriffs say you can see

why it is nearly impossible to keep up. >> my people are overwhelmed and overworked. we took an oath and we'll keep texas safe and keep the u.s. safe. >> now as we've reported, we know a large portion of migrants are hitching rides to the u.s. on trains. over the weekend, mexican police evacuated hundreds from a cargo train in mexico. some northbound trains have been halted temporarily. at one point it was around 60. we're told some less risky routes have now resumed north. migrants claim the officials told them they had to continue their journey on foot. a new day the beginning of a new week and the cycle continues at the border. >> bill: thank you, casey stiegel bringing us up to date in eagle pass. >> gillian: a 9-year-old girl went missing on a camping trip

with her family. she is inducted and may be in grave danger. molly line joins us with the details. >> good morning, gillian. the search effort is enormous. police and state police, fire, rangers, rescue efforts going on across the area in new york. they brought every asset to bear. the amber alert was issued for 9-year-old charlotte at around 9:35 sunday morning. more than 24 hours ago. the north grader vanished on saturday night from the loop road of a campground at a state park north of albany out riding her bike with other kids and went on another loop on her own. 15 minutes later when she didn't return, a frantic search gets underway described by governor hochul. >> it is when the nightmare begins. her parents knew immediately something was up. they called her name, people started searching.

people from other campgrounds joined and 30 minutes later the mother called 911. >> search teams scoured the forest and lake 75 law enforcement members and six underwater rescue teams sonar equipped boats and search dogs. there was no sign of charlotte on sunday. >> following our exhaustive search of the park, we took that step of issuing the amber alert because we felt that after that exhaustive search when we couldn't find her here it was quite possible that an abduction had taken place. >> charlotte was wearing a tie die pokemon shirt, she has blond hair, bangs, greenhouse and just under five feet tall. anyone who knows anything, please come forward. >> no tip is insignificant so if anyone has any information at

all, saw anything in the vicinity of the entrance to the state park or are camping here and have any information at all. >> anyone with information should call the new york state police 518-457-6811 or call 911. >> gillian: thank you, molly line in new york for us this hour. bill. ♪ >> bill: gillian has this, right downloaded ready to go. taylor swift takeover spotted cheering for travis kelce in new york against the jets and now swifty mania is sweeping the nfl. >> the guest of honor in taylor swift. >> she is here. taylor is in the house.

>> bill: all right. there it was. sage steele, nice to see you. >> thank you. great to be back. >> bill: i want to show you some of the brands who profited, nfl, roku. ocean spray, free state brewery and on and on it goes. one thing is being overlooked here. there may be a blossoming relationship with swift and kelce and maybe find their way to the altar someday. maybe it's possible. taylor swift has a huge film that's about to be released, right? and she wants a big opening weekend, doesn't she, sage? >> listen, this young woman is brilliant in every way. i have never met her. i think she an incredible artist and entertainer. all the cutaway shots in time square and promoting the movie.

the commercials in breaks we had not seen on nfl games or sunday night football for sure. she is smart but at the end of the day, who knows how legitimate it is? i do think that it's a fine line. a lot of the sports geeks like me are fine, i get it. and let's just watch some football, right? what exactly is that line? although i compare it honestly to what we've seen the last month or so at deion sanders. all the sports coverage are changing their coverage plans. everybody is benefiting off it. certainly the brands you showed. taylor swift. travis kelce big time and the nfl. >> bill: it is a good comparison with prime time in colorado. where are the eyes going? you spent time with bill maher

talking about african-american policies in america. just roll this clip and i will ask you about it. watch. >> it's so stupid that for people to say that it's racist to have people show a freaking i.d. to vote. because we're not as smart enough to remember our driver's license? >> it is funny when the woke do these things that they think are so non-racist. >> they are racist. >> they black people committing violence with police being bad to black people. let's pull out the police. that hurts the people -- >> the people who need help the most. >> bill: the question was about black policies backfiring. explain yourself. >> explain what? am i wrong there? >> bill: just the back and forth with maier. he was in agreement about i.d.s. >> there are so many things that

bill maher and i agree on when it comes to common sense and issue. i have been watching him for years but cool to talk about things that are so basic. at the end of the day i hate that it's always down to okay, this is what black people want. according to whom? and who puts themselves out there? i was referring to james carville who had been on his show previously a couple weeks talking about why black voters are leaning towards trump more. of all people for james carville to tell us why black voters may be leaning that way? statistically the numbers are interesting. black unemployment was at historic lows when trump was in office. right now when you look at some of the polls it is incredible. almost 20% of black voters are leaning towards trump. a 50-year high. i think it was 10, 11% in the last election in 2020. i just hate that people make it so simple that this is what you

need to get the black vote as if black people can't speak for themselves. the racist undertones continue and i just -- when asked i will talk about it, you know? >> bill: thanks for coming back. we'll talk down the road. did you get buzz hanging out with bill maher? >> i tried to look the other way. >> that room was smokey. >> it was. >> bill: make it a great week. thank you for coming on. sage steele with us, there. boom, here we go. it has been a morning. >> gillian: it felt like it was five minutes to me. >> bill: i would say. we'll get it again around 4:00 or 5:00 when court breaks for the day. >> gillian: maybe for the full week. >> bill: get an idea how the arguments are going on both sides. happy monday. we have to roll. "the faulkner focus" is right now. have a great day. see you tomorrow. >> harris: he is here, fox news