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 alert.

former president donald trump has shown up in person for his civil trial lawsuit in new york. i'm harris faulkner and you are in "the faulkner focus." new york attorney general le tisha james wants trump on the hook and ban him from doing any business in new york. who is deciding the future of a former president and his real estate empire? all judge, no jury. that's him on the right. the judge already found trump liable for fraud this week. now he begins resolving the remaining claims of the suit and decides the monetary damages. the former president tore into both the a.g. and the judge just before the trial began last hour. yeah, he talked. >> we have a racist attorney general who is a horror show who ran on the basis she was going to get trump before she even knew anything about me. this is what we have. it's a scam, a sham.

>> harris: his legal team also eager to talk about the motivation of this. >> what we're witnessing is election interference of somebody who is leading in the polls the more they hit him. so keep hitting him because he will keep fighting. >> this is designed to do nothing else but stop president trump as he is leading by ten points in the general election. this is all about 2024, do not get it confused. >> harris: leading by ten points and the former president is facing 91 charges in four criminal indictments. cases as he tries to win the white house again. a look now at the former president's courtroom calendar. blue headers are important election dates and redheaders are trump's court schedule. so it begins today. nate foye outside the courthouse

in lower manhattan. >> opening statements are underway now as the state begins to lay out its case in regards to fraud allegations against former president trump, his family and the trump organization. but former president trump defended him while walking into the courtroom saying this is yet another example of election interference. listen to him here. >> so very simply put, it's a witch hunt, it's a disgrace. we have a corrupt attorney general in this state. we 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. it is all run by d.o.j. which is corrupt in washington. >> this is day one of what is expected to be a month's long courtroom battle that could cost trump hundreds of millions of dollars and could also push down his net worth. something that the attorney general claims trump lied about

in recent years. he drove down to the courthouse this morning after campaigning this past weekend in california and iowa. again, he is still by far the leading republican candidate for president. you mentioned this is a no-jury trial. that means the judge has sole discretion in judging him. he ruled that trump over-- here are some of the properties that trump could lose as a result of this trial. trump tower where he spent last night. lair mag owe. 40 wall street. seven springs estate as well as trump national golf clubs hudson valley and westchester. james, the attorney general in new york filed a lawsuit last year against trump, his family and his business. she is seeking $250 million fine and severe restrictions on trump and his family from running business in the state. here she was this morning. >> donald trump and the other

defendants have committed persistent and repeated fraud. last week we proved that in our motion for summary judgment. today we will prove our other claims. 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. >> harris, this is a civil case. jail time is not a possibility. the state has a long list of potential witnesses including former president trump and his family and this is, again, expected to take months. right now expected to last through much of december. send it back to you. >> harris: how did the judge not know there were going to be cameras in the courtroom. somebody had to open the door and assembly themselves. things rolling and all of a sudden pictures went away. did something happen? >> not that we know of, harris. we do have a reporter who is allowed to have a laptop in the

courtroom right now so she will be sending us information and letting us know exactly what's happening. as i mentioned, opening statements underway by the state right now as they begin to lay out their case against the former president. >> harris: all right. nate foye, thank you so much. let's get this started now with phil holloway. former assistant district attorney. phil, as i read through everything that's happened already this morning and what we've watched before our eyes, how much of this is sort of boilerplate and what surprises you? >> well good morning, harris, great to be with you. listen, this is about the penalty phase of this case. if you were to look at this with a criminal case the judge found donald trump guilty last week. he by passed the jury and granted a summary judgment. in other words, the judge decided that as to the issue of fraud, the base of the case, that there was no genuine issue of material fact. of course, we know that that's not true. there is a lot of difference in

the parties' opinions between what they say properties are worth and what maybe the judge thought they were with. i don't know how really this judge took this case effectively away from any potential jury but nevertheless here we are. that will go up on appeal. for now they are discussing whether or not the trump businesses get the business equivalent of the death penalty, harris. >> harris: and they just want him to go away. they want him not to be able to do business anymore. i don't know what they will do with all the buildings with his name all over them. can't drive up the west side highway without seeing the name trump. they can't undo it all. i guess they will try to make him -- >> they want to have him fork over millions of dollars, $250 million. but they also want him to be kicked out of the state. that's why i call it the business equivalent of the death penalty. trump, by the way, we will see

lots of witnesses that come in and say look, we were not defrauded. if we represent lenders, for example, the lenders were all paid in full. the trump team will bring witnesses that say that they didn't feel they were destroyed and there was no actual harm. >> harris: how does that affect the case? that's what trump said he would do, what the attorneys said this morning. you are saying it. if the judge hears that nobody was actually harmed, does it throw it out? what happens? >> no, his finding of fraud will stay in place. if the defense can show that nobody was really harmed, that cuts against any efforts by the attorney general to di vest trump and his businesses of fine money and actually having to turn over property, sell them, liquidate. it will mitigate the punishment the judge decides is appropriate. every bit. what he decided previously and what he will decide at the end

of the penalty phase, it will all go up on appeal. we may not know the final result of any of this for many, many years. >> harris: he is getting everybody to talk about him today because he came to court and anybody thought it wasn't going to be driven by donald trump is naive. that's what he does. he went in and had the first words of the day. also in court this week, hunter biden. he is expected to plead not guilty tomorrow in delaware to three federal gun charges. those include unlawful possession as an illegal drug user and lying about his drug use on a background check form. arraignment comes after his controversial sweetheart deal that fell apart over the summer. top house republicans are looking for answers how the plea deal happened in the first place and other issues surrounding the case. they are finalizing interviews with key justice department witnesses to prove weaponization of federal law enforcement power. they have already heard from two

f.b.i. agents and two i.r.s. agents as well and the lawmakers want to talk to special counsel david weiss, who by the way was the u.s. attorney in the state of delaware. ly put that out there. he is allowed to stay that. he doesn't have to stop being the assistant u.s. attorney. weiss and many other d.o.j. officials, of course, are watching just like we are. that was the choice that was made by a.g. merrick garland. >> i'm glad that congress is doing oversight on this. they need to find out why it took five years to bring a basically open and shut case so to speak. did he or did he not tell a lie when he filled out the form almost five years ago. a gun was found in a trash can near a school and that's what started all this. it is really open and shut. did he lie or did he not lie?

but here is what hunter is going to say. i the specific date he filled out that form he was not actively addicted. that's what this trial will be about. there is a defense to it. i don't think there is any defense to waiting until almost the statute of limitations ran out. if your name is anything other than biden, this case would have been brought before now. it is a really simple thing to prepare this indictment and just get it in front of a court. the trial should not take very long. it is really a very simple question on the facts, that is. congress does need to get these witnesses in and need to talk to weiss and other people with knowledge to find out whether or not the bidens were being differently because of their name being biden. >> harris: weiss has such a history with that family. he and beau biden with attorneys in the delaware at the same time. it will be interesting.

hunter biden saying he was not a drug addict at that time. who has to prove one way or another? and we know from his memoir that he was. so does the book come into play? how does he prove he wasn't using. which addict do you know that says new york city i wasn't doing the wrong thing. >> once you are an addict you are always an addict. what his lawyers are saying, they are saying he was fresh out of rehab when this happened. he was not acutely using or acutely addicted at that moment in time. the burden is on the prosecutor to prove beyond a reasonable doubt he was an addict when he filled out that form. we may here experts talk about when someone is an addict and when they are not. the law itself will be attacked as being vague because it doesn't put them on notice of what exactly they have to defend against. >> harris: or just read from his memoir. good to see you, thank you.

new york's democrat governor has changed her tune on the nation's border crisis now. of course it is hitting her cobalt blue state. she now says we need limits on border crossings. where was she 15 minutes ago when border states were overrun and outnumbered by the people coming across in any way they can, mostly illegally. and the firearm firestorm on capitol hill. a congressman has pulled an alarm as his fellow democrats were trying to delay a vote on keeping the government open. >> there is no question that he knew exactly what he was doing. >> we'll have a full investigation. >> there are consequences for his actions. >> harris: the congressman says he thought he was pulling a handle. it said fire alarm right on it. growing calls to punish or even expel him. he used to be a middle school principal. they are usually pretty familiar with fire alarms, just saying.

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>> harris: house sergeant-at-arms and capitol police are investigating congressman jamal bowman. he is from new york and he pulled a fire alarm right before the house vote was about to happen on a bill to avert a government shutdown and you know how important that was over the weekend. this democrat used to be a teacher and a middle school principal. so you know he knows what a fire alarm looks like. he claims he didn't know pulling the fire alarm would force an evacuation of the building plus he says he thought it was just a door handle. here is what it sounded like.

[fire alarm] >> harris: you see all the camera gear there. everybody had to leave. journalist, anybody in the building had to get out. republicans not buying this was just an accident. some say congressman bowman should be expelled from the house. >> he claims it was a mistake thinking it would open the door. that doesn't pass the sniff test. >> if you believe him you are buying into the blinded lie he is saying. >> i would think a principal of a middle school would know the difference between a fire alarm and a button that you push to open a door. >> we'll have a full investigation. think about how other people were punished who they believe had done something wrong inside that capitol. >> it is an aappropriate yeti next step he is held accountable. >> harris: were resources spent to get all the first responders

and capitol police, does he have to write a check to reimburse them? i have questions. one editorial says bowman as obstruction of congress is a crime. perhaps three times over. another calling his stunt absurd, even for the democrats. "new york post" cover summing it up with a photo of the fire alarm and the caption, does this look like a door handle? no, it doesn't. will cain, co-host of "fox & friends" weekend. what is this about, will? >> this is about obstructing an official proceeding or playing dumb or being dumb. being a liar or playing like one. you are either extremely dumb and incapable of understanding what a red box and a box with fire or lying to your constituents about your inability to read the word fire. he is possibly dumb or a liar.

from my understanding obstructing an official proceeding is a high crime and misdemeanor. jailed until eternity. this is what we know based upon precedent. here we have jam an bowman attempting to delay a vote. or he is so dumb -- is this a light switch? he is so dumb he can't tell the difference between really clear objects and the funniest part, harris, is that those who want to apologize for him, either democrats or the running cover mainstream media are having to pretend they don't know what a fire alarm is. they have to pretend like they don't know what a woman is and now they have to pretend like they don't know what a fire alarm is. >> harris: that is an unexplainable. here is one posture. this is interesting. americans are getting used to the dysfunction in our government. "the new york times" says this is how they know in this op-ed. judging by the google search

trends, americans going in the days leading up to the possible shutdown, over the weekend, were more curious about who shot tupac tu tupac shakur. not signs of public confidence. they may indicate that america at this point assumes that washington actually will go off that cliff. will. >> you know, my takeaway is a little different. i think the american public is complacent about these types of stories. not we're certain we'll go over the cliff but the government will continue to function like a self-licking ice cream cones. impeachment proceedings they go no one will be held accountable. people look at the brinksmanship over the debt ceiling and think the government won't really shut down. they'll strike an 11th hour deal. why would they think that? because they always do.

there is always -- the government always finds a way to continue to fund itself. >> harris: remember we've seen shutdown in 2018 maybe. we've seen it. >> how long was that? a couple of days? >> harris: a couple months. it was a little bit. >> government shut down for a couple -- >> harris: it was a little bit. >> i think the american public understands. you have a difficult situation within the republican party. we need extreme matters to get our drastic measures under control. we are looking like a household income at bankruptcy as a nation. we understand the government by its nature is a business of compromise. the question is, how can we get to something that really staves off this impending bankruptcy of entitlements and spending and make real reform to america while convince a party that thinks the only way out is spending more that we need to

make a deal. that's the problem we're sitting in. i don't think we have a risk of our government shutting down for any extended period of time. >> harris: i will fact check myself. will cain, move to this. new york state and new york city are dealing with a tiny fraction of the illegal immigrant crisis hitting the border states like texas and arizona. but it is enough to get democrat governor kathy hochul of new york to start to sing a different tune now. the sanctuary state leader now is going after the biden administration's border policy. >> we want them to have a limit on who can come across the border. it is too open right now. people coming from all over the world are finding their way through simply saying they need asylum. the majority of them seem toned up in the streets of new york. that's a real problem for new york city. >> harris: one editorial hit hochul for suddenly realizing america has a border crisis. it calls her current stance too little too late. the city is a migrant magnet and

remain so as long as its right to shelter policy in in effect. until it's gone new york's poverty pleadings will be taken seriously by no one. governor hochul has an ally in former president clinton. watch. >> we're supposed to shelter people who can't get work permits for six months. there is no -- we need to change that. it's broken and we need to fix it. >> harris: he wants to infuse more people into the workforce that we cannot vet because we're out number at this point at the border and as you fan out in some of the blue-led cities. we don't have the opportunity to properly vet them. he wants to infuse them more into our lives. >> yeah. in other words, issue an invitation through an incentive. you will end up with a job in america. hochul is fascinating, harris. there is a clip from her in 2021 where she is really pandering to

the idea that the statue of liberty says give us your tired, boor, weak and hungry and send us everyone who is a refugee. send us everyone illegally. the message of the statue of liberty and ellis island was come legally to the united states of america. not illegally through an op app border. two years ago he issued an invitation. now she has to live under the pandering two years ago and like oh, maybe that was a bad idea, as so many progressive theories and ideas when applied in real life people buckle under the pressure, crime, illegal immigration and go maybe we need to dial this back. or maybe you should have dialed back your rhetoric for the past several years. >> harris: when you look at what they have done to the police forces across the country, all of it. i wonder what the current mayor of new york city is going to say about his campaign promise to

let illegals vote. wasn't that part of you being a sanctuary place? is he taking all that of back now? all right. elon musk, we all watched it, his border visit. quote, u.s. border patrol reported the highest number of recorded illegal immigrants in history at more than 260,000 this month. those numbers have been confirmed by the cbp sources to fox news. that puts total encounters at the southwest border for fiscal year 2023 more than 2.4 million. that's far beyond what we saw even last year. we are going in a dangerous direction without the resources to vet, with terrorists that we know of that we are being told of coming across our border, and the gaps in the wall. the gotaways, a million and a half of those people we don't know who they are. >> right, right.

i don't know what city or what town or what met op wrist is 2.4 million. musk said for the month there was 206,000 border encounters, the ones we know. probably double when we take into account the ones we don't know. the population of wyoming. half a million. to constantly look at this we just imported another wyoming. we just imported another dallas, ft. worth. whatever it may be. and to think of the -- we know all the potential -- i think we know all the potential implications, rising crime, buckling public services. but also deep, deep cultural change about the united states of america and our way of living, which we do have a culture and way of living. people that come here legally usually sign up for assimilation and signing up for that way of living. this is deep, deep change in the united states of america with no policy. it is not, you know, there is no

forethought to this. hey, bring them all in. we sound like kathy hochul two years ago and we wake up and sound like kathy hochul today. we don't have a nation, a nation state without a border, period. >> harris: when say a wyoming think about it this way. with 2 1/2 million, that's ten wyomings. the shutdown went on for several weeks in 2018. maybe a lot of people forgot that about that. >> thanks for fact checking me. >> harris: always love doing any job. thank you. some on the left are trying to push president biden to step aside for another candidate. remember what i call it? anybody but biden. others say it might be too late for the party to move on.

if it is too late for joe biden else democrats are dug in to protect the president. >> the dnc refuses to hold debates between biden, rfk and the other democratic candidate now mary anne williamson and forcing biden onto the public even as record number of americans say that they do not want biden to seek re-election. >> harris: the third party threats that have democrats wringing their hands. oh, look at that. that's a kennedy going to a different place other than democrats potentially. power panel next. veteran homeowners. are you applying for a car loan? the monthly payments can be expensive. with an affordable home loan from newday, you can pay cash and own the car or truck of your dreams.

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country. >> harris: more and more voices pushing for president biden to step aside for the younger generation. two recent polls find the majority of democrats want to see a primary challenge to the president. those surveys also show democrat voters are worried about his age and fitness. a new column argues biden will hurt his party next year. the headline biden is a loser but dems are stuck with him. one democratic congresswoman said her party should be excited the line up behind biden. >> democrats need to be resolute in supporting joe biden. there is no reason not to support joe biden. he has done magnificently on behalf of this country so shut up and just get behind him the way you should and be there enthusiastically. >> harris: wow, that is quite an election slogan for the democrats. so shut up. power panel cassie now former rnc deputy communications

director, marie harf, former state department spokesperson under president obama. cassie, what is your reaction? >> what a slogan. but that's what i keep saying. who do you believe me or your lying eyes? he has done a great job for us. voters don't think he can do a great job for us, they don't believe his policies are working for them. i think that age issue is actually voters scapegoat to get him off the ballot. in the intro , time is wasting. the logistics of that is not possible anymore. >> harris: marie, let's talk about the reality of that. even if democrats wanted somebody else you have to get names on a ballot. those deadlines are fast approaching. >> that's right. some are coming up in a few weeks. i do think there are a lot of democrats that would prefer someone else on the ballot. >> harris: why do you think it is? >> a lot of democrats are people

that never thought joe biden could win four years ago. i think they have always been skeptical of biden. reality is joe biden delivered so much on behalf of the american people. rebuilt this economy, gotten legislative victory after victory. democrats feel confident, harris, because elections are choices. they are choices between two people. if it's joe biden versus donald trump as it almost certainly will be, they feel good about his record, about his stamina, about his ability to lay out agenda for a second term when it's compared to someone in court again today facing a whole other set of charges. both of those things are true, harris, at the same time. >> harris: quickly, cassie, if we want to compare records, who has the better record on the border at this point? >> the numbers don't lie there or with your gasoline or your grocery prices. the uaw on strike, biden is supposed to be the big guy of the unions. everywhere you look it is not going well. i think donald trump, really republicans, any republican on

the debate stage last week will take that debate against joe biden all day long. that's what democrats are fearful of. >> harris: the polls are saying that. real clear politics and an aggregate of polling. maria, back to you. another democrat concern. a viable third party, 2024 candidate moderate democrat joe manchin once again is not ruling it out. >> why not have options? people and satisfied right now. >> you don't think either one of them are there or are you the alternative? >> maybe they'll come back to rational thinking that it doesn't work pushing everything to the extremes. >> what is your timeline? >> before the end of the year. we're still planning. if something what you are saying would happen there is no primaries you go right into the foray. >> harris: wow. rfk junior says he will have a major announcement a week from today. and media reports are there that

he will ditch the democratic primary and launch his own third party run. what joe manchin was saying. you jump right into the game there. democrat party official eaves are also going after the no labels group threatening to put up a candidate as well. emails that say we need to do everything we can to stop this effort now and not wait until they name a ticket and this becomes a runaway train. they also urge other democrat members to go on the record denouncing a no labels presidential ticket effort. that's a lot to put out there. that spells weakness and vulnerability. >> i don't think it spells weakness. third party candidates like joe manchin or rfk junior would most likely -- >> harris: the man who has been in office for 50 years, vice president for eight and president for four. >> this is just the way our elector y'all system works. we have seen republicans hurt by

third party candidacy. they have no chance of winning. our system is a two-party system. if joe manchin wants to support donald trump for president he should come out and say so. every member of the senate thinks they can be president and thinks this he should run for president. it is flattering. run as a third party candidate. he will hurt joe biden and the democratic party and if he wants to support trump, he should just say that and not run in a fantasy efforts. it will hurt democrats and serious and democrats should say this isn't okay if they think the donald trump should not be our next president. >> harris: i wonder how many senators are saying i don't want to be president. >> none. >> i agree with marie on third parties often being the spoiler. the democrat party could have put this to rest months ago but just letting the democratic process play out instead of trying to blunt it at every turn. that's where you see the pushback in the polling and from voters.

they are saying we don't like what we are getting from the president right now. let us explore another option. the democrat powers that be were like no, we can't do that. you find yourself in the corner you paint yourself into. >> harris: what's interesting is what's going on, and different than the right. the top candidate hasn't stepped into a debate. this president has a lot of ground to prove. he has had so many gaffes and physical mishops people want to see in he can rock-n-roll. we probably won't see that from a basement. >> donald trump hasn't gone to a debate. >> a different landscape. going to run. a frantic search underway now for a 9-year-old child who vanished while taking a bike ride during a family camping trip. police now saying they believe see is in imminent danger. philadelphia is reeling still

from last week's mind-boggling looting that was going on there. people got hurt. >> i'm not surprised that it happened but i don't think that's the way to go about it. >> we as a community are traumatized. >> harris: the cost for retailers also mind-boggling. this kind of theft is now topping $110 billion. one store owner was really hard hit by looters. he built his store around his dream and people loved it. he is vowing now to rebuild. he is in "focus" next.

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>> harris: breaking news. 9-year-old girl missing since saturday and still she vanished

riding her bicycle during her family's camping trip at a state park north of new york city's capital. albany. her bike was found hours later but she wasn't. police are now saying they believe she was taken and is in imminent danger. molly line on story in wilson, new york. molly. >> the efforts to find charlotte are not contracting but expanding. assets continue to arrive here. search teams are searching the waters and forest ways. amber alert was declared for her on sunday. investigators believe she could have been kidnapped. she vanished saturday evening from a loop road at the state park north of albany. she was riding her bike with other kids but went for a loop on her own at 6:15 p.m. when she didn't get back a search gets underway. family, friends, fellow campers joined the hunt. >> that's when the nightmare

begins. her parents new immediately something was up. they called her name. people started searching, people from other campgrounds joined. and 30 minutes later at 6:47 charlotte's mother called 911. >> law enforcement drones and air boat, rescue teams and search dogs all joined in the search. >> 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 dyed pokemon shirt. black crocks and gray bike helmet. blond hair, bangs, green eyes,

just under five feet call. her aunt urged anyone who knows anything to come forward. >> no tip is insignificant. so if anyone has any information at all, saw anything in the vicinity of the entrance to the state park or are camping here and have any information at all. >> that information should be shared with the new york state police swiftly, 518-457-6811 or dial 911. harris. >> harris: we had it on the screen here appeared put it across all social media for "the faulkner focus." our prayers with that family. thank you, molly. america's crime crisis is coming with a steep price for business owners. remember small businesses hire north of 60% of people who live in our nation. they are important to us. last year alone retail theft caused a whopping $112 billion

in losses. the suspects are increasingly fearless of the law. in california, a 14-year-old girl was among a gang of looting suspects arrested after a series of daylight attacks on stores. they didn't bother to disguise themselves as they were ransacking the nike store in irvine. then they just strolled out onto the street. florida governor ron desantis says all that crime in california is forcing people to move to his state. >> i was born and raised in florida. i never saw california license plate in my life growing up. yet i become governor and we start seeing all these california license plates in the state of florida. turns out, they were disaffected from the policies. my wife and i ran into 6 or 7 people that had been mugged in the last year in southern california. when has this ever been acceptable? >> harris: you remember just last week, last tuesday in philadelphia, it was like a

movie but it was very real. surveillance video you are watching now from the famous streetware store art history 101 looters used a rock to break in, they then race in and grab armfuls of clothing. they even made off with the cash register. just took the whole thing. the owner of art history 101. first of all, your wardrobes are loved. i say wardrobes, complete ensembles, everything. it is heart truly. now you say you will rebuild. why would you do that? >> i've been here in the city for 13 years and i love philadelphia. i love everything about it as far as the art, the sports, the music, and my big community guy but the retail theft is out of control. i know i have a positive outlook. i know i'll be okay.

>> harris: how bad was it? >> i've been on a rollercoaster of emotions. i'm being positive but it was a big hit. >> harris: i look at the video now. was this a surprise to you? >> no. when officer charges were dropped i sent messages to my team saying it isn't good. after the riots after george floyd charges were dropped. there was nothing stopping this. >> harris: one following the other. the lawlessness now is just off the hook. jay, i'm happy that you weren't there and that no one was hurt because it could have gone that way, too. god bless you as you rebuild. thank you for joining me. >> thank you. >> harris: "outnumbered" after

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