breaking overnight, the governor of california announces his pick to fill the senate seat of the late dianne feinstein why he chooses lafonza butler

and what it could mean for the 2024 senate race. the case that strikes at the heart of donald trump's very image, the former president expected to be front and center at the civil fraud trial that threatens his business empire. a big break in one of the country's most high-profile cold cases, the evidence that finally led to an arrest in the murder of rapper tupac shakur nearly 30 years later. will it finally be a hollywood ending actors and studios get ready to restart talks just days after writers struck a deal of their own. and everybody start your engines, the women racing to give car culture a tune up it is monday, october 2nd. "early today" starts right now good morning, i'm jessica layton. >> hi there, i'm frances rivera. breaking overnight garcher newsom announced that he will be appointing butler to fill the senate seat vacated last week by

the death of dianne feinstein. butler is the president of emily's list a group that works to elect female democratic candidates she will be the third black woman to serve in the senate as well as the first openly lgbtq person to represent the state in the chamber. >> butler on friday called feinstein a titan of the senate and legendary figure for women on wednesday feinstein's body was returned to her hometown of san francisco. mourners will be able to pay their respects on wednesday as feinstein lays in state at city hall before she is laid to rest in a private funeral on thursday. former president donald trump is back in manhattan this morning. overnight he confirmed he will be in court today to fight allegations that he lied about how much his businesses and properties are worth mr. trump posted to social media that the case brought against him by new york's attorney general is a sham and, again, called it election interference. nbc's george solis is following

the story. >> reporter: on the campaign trail and on the offensive. >> my financial statements are much lower than the actual net worth. this judge and your fake attorney general from new york she ought to be ashamed of herself. >> reporter: former president donald trump not directly addressing the start of his civil fraud trial. sources telling nbc news mr. trump is expected to be in the courtroom for the first two days a judge last week ruling that mr. trump and his associates committed real estate fraud for years. the judge writing that thump's legal arguments defending his financial statements are, quote, a fantasy world, not the real world. adding that over and undervaluing assets to his benefit, quote, can only be considered fraud the trial is expected to determine the future of the trump organization, including his real estate empire, as well as any fines for the alleged fraud. >> what are the implications of this civil fraud trial for mr. trump? >> well, if he loses and the reason why he's apparently

coming here tomorrow is he doesn't want to lose, if he has to pay $250 million, if he and his sons can no longer conduct business in new york, that's a fatal blow. >> reporter: mr. trump denied all wrongdoing and has called the judge deranged trump faces four criminal trials, two at the federal level, one in georgia and another in new york state. the witnesses include trump's children and former business associates including his former attorney michael cohen. >> this is the first time in his entire life that he is going to be held accountable and have to deal with the repercussions of his own personal actions >> reporter: mr. trump is on the witness list, but whether he will testify is unknown. this trial could take weeks if not months there is also no jury in this case, it will be up to the judge to make the final ruling mr. trump's legal team has already indicated they plan to appeal back to you. >> george, thank you. this morning the federal government is still open thanks

to that 11th hour deal passed by congress on saturday but the short-term funding extension only pushes the spending fight until next month while the fallout from the deal is threatening to take down a republican leader. we go to nbc's drew petrimouix in washington. what are lawmakers saying after this last minute deal became a reality? >> reporter: good morning, jessica. with just hours to spare on saturday evening president biden signed the short term spending bill passed by congress earlier that day while the final deal cut out priorities on both sides of the aisle including ukraine aid and border security it averted a shutdown and kieps the federal government open until november 17th president biden acknowledged the issues posed by this time frame on sunday. biden warned of the hard line republicans who nearly thwarted this deal, doing the same when the funding battle resumes next month. the president pressured republican leadership on its commitment to secure more funding for aid to ukraine

that republican leadership is under a cloud of doubt house speaker kevin mccarthy has come under fire from those hard line members of his party following the passage of this bill as part of the agreement mccarthy struck with his party for the speaker's gavel in january, any republican can call for a vote to remove the speaker known as a motion to vacate. here is what congressman chief mccarthy foe matt gaetz said on sunday. >> i do intend to file a motion to vacate against speaker mccarthy this week i think we need to move on with new leadership that can be trustworthy. >> reporter: in order to oust mccarthy gaetz would need at least five republican lawmakers to vote in favor of removal along with house democrats in response to gaetz's potential actions mccarthy said this is nothing new for the florida congressman and predicted he would survive whatever challenges he faces. >> drew, thank you large groups of migrant

families are continuing to arrive at the u.s./mexico border seeking asylum the massive influx of migrant crossings mostly from venezuela marks an upward trend after plummeting in recent months. this comes amid increasing pressure for the biden administration to curb the flow ahead of the presidential election. 27 years later a man has been arrested in the killing of tupac shakur 60-year-old duane davis has been indicted by a grand jury for that 1996 drive-by shooting. davis has publicly said he was in the car that opened fire on shakur police do not accuse him of pulling the trigger but they do accuse him of orchestrating the plan they believe all the other men who were in the car that night are dead now tupac was only 25 years old when he was murderedin las vegas. the da in this case says the hip hop legend's family welcomed news of the indictment. a night of celebration turned into chaos and tragedy in

spain. authorities say at least 13 people were killed when a fire swept through three night clubs and there are fears that the death toll could still rise. our raf sanchez has the latest. >> reporter: fire crews battling their way through the remains of this popular spanish nightclub, half-finished drinks still on the table as firefighters take on the flames. the enormous blaze ripping through the roof, gutting neighboring buildings and filling the street with terrified onlookers. at least 13 people, most of them young, were killed in the fire according to the mayor emergency crews searching the wreckage for those still missing. we don't know anything, we're waiting for news to see whether some of our family members have come out alive, he says. the tragedy unfolding in southeastern spain the fire broke out at around 6:00 a.m. at the nightclub where spanish media says several

birthday parties were taking place. the alarms went off and all the lights went out and people were screaming fire, this man says. i could get out, but five family members and two friends are missing. the cause of the blaze still unclear. the city has declared three days of mourning, lowering flags to half-staff and spain's prime minister saying my love and solidarity with the victims and families of the tragic fire. another night of celebration turning into a day of tragedy. raf sanchez, nbc news. now to another tragedy this, one unfolding in northern mexico authorities say at least nine people are dead and 40 more are hurt after the roof of a church collapsed in the middle of sunday mass. a bishop there said the roof started to cave in while the parishioners were receiving communion. a spokesman for the security ministry told local media that 30 worshippers are unaccounted for. rescue teams have been working through the night to try to find

some survivors in that rubble. it's october, though it might not feel like it in much of the country nbc meteorologist michelle grossman is tracking the warm start to the month, just as we flip out our summer/fall wardrobes it starts to warm up. >> we want the boots, with he want the sweaters, we want the pants. no, we will be summerlike over the next several days, shorts and short-sleeve shirts as we head towards the rest of the afternoon, tuesday and wednesday. temperatures into the 80s and 90s, well above normal for this time of year, even 25 degrees above what is averaged for this time of year minneapolis 87 degrees today, 90 in cast city, upper 80s in oklahoma city. we're warm off to the east as well, the northeast looking at temperatures into the 80s, pittsburgh today 80 degrees, but notice back to the west, we have a cold front that's kind of draped from new mexico into north dakota so behind this front we are looking at cool weather even wet in some spots, salt lake city 17 degrees above average, 55 degrees and this pattern is going to the same

place over the next several days because this cold front is going to be slow to move we are looking at tuesday cheyenne, 63 degrees, salt lake city 15 degrees below average, 57, still so warm in parts of the plains, northern and central plains and central plains, 90 little rock and also houston warm into parts of the midwest along this front we are looking at the chance for heavy rain, we could see 2 inches or more in some spots, also mountain snow and the risk for severe weather e southeast. looking at 87 degrees today in new orleans. all right. that's a look at your monday forecast >> all right michelle, thank you. talks are expected to resume today between the screen actors fwild and hollywood studios. and later she's in her football era

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works in seconds. lasts for hours. as hollywood writers return to work and some shows get back on the air, the screen actors guild is set to resume talks with studio executives today. >> the union has similar demands to the writers guild including better pay liz kreutz has the details >> reporter: as hollywood writers return to work and some shows get back on the air -- >> it's been a long time let's not ever be apart this long forever. >> reporter: the spotlight now turning to actors. >> so optimistic i feel like it's time. >> reporter: sag-aftra the actors' union are set to resume talks on monday with executives from the major studios, part of an alliance including nbc universal the parent company of nbc news. >> it does seem to be there's some momentum which we haven't had in so long.

>> reporter: actors who have been on strike since mid-july have many of the same sticking points as writers who reached a deal with the studios last week. their contract could partially serve as a framework for actors who are also demanding higher wages, better royalties for streaming shows and protections around the use of artificial intelligence >> we've seen a deal with the writers, are the stakes for the actors higher? >> in many ways the stakes for the actors are much higher the actors union are 160,000 strong when at look at what their economic impact s say, in l.a. county, it's massive. >> reporter: the dual strikes have had a major economic ripple effect in l.a. small businesses across the city from restaurants to dry cleaners saying they're getting less business with less people at work but hope is on the horizon. >> there is so many incredible people i cannot wait to share the stage with. >> reporter: back on tv monday some daytime talk shows and late night comedy shows like nbc's

""the tonight show." >> wait, monday like this monday, monday, monday oh, man, i have to shave. >> reporter: still it could be months before many scripted series get back into production, those shows can't go on without actors liz kreutz, nbc news, los angeles. still to come, we will show you the moment that liberty fans have been waiting two decades for. plus the astros buy themselves a bye week after winning another division title just one aleve. 12 hours of uninterrupted pain relief. aleve. who do you take it for? and for fast topical pain relief, try alevex. hey guys, check it out: it's mrs. stevens. they say she can make things appear out of thin air. hey! you guys want to come in? my mom made dinner. make your table legendary, with country crock. ♪ vicks vapostick provides soothing, non-medicated vicks vapors. [exhales] easy to apply for the whole family.

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third and short, almost caught in the back field, instead into the open field and accelerating in for the touchdown we're breaking down the biggest stories in sports starting with sunday night football in the meadow lands a lot of cheering from the vip box with taylor swift there as the chiefs took the early lead the jets came back to tie it up only for kansas city to hold them off and win 23-20 earlier in the day josh allen

and the bills ran all over the undefeated dolphins. allen connected with stefon diggs for three stores as buffalo stampedes to win 48-20 in that win. and in philly the commanders tied the game on a second last touchdown, but it couldn't command anything in overtime the eagles get the ball back and walk off with a win 34-31. you got on this week of the nfl, the eagles, 49ers only undefeated back to the taylor thing. >> oh, that. >> i think it's officially like moving towards wag status. you see her in the vip stands with her whole girl crew, sophia turner, blake lively but also she's getting chummy with patrick mahomes' wife. they were out before in the city. >> she's also getting chummy with travis kelce's mom for the second week in a row. over to the wnba playoffs where the liberty needed one more win to punch their ticket to the finals. the sun made it a competitive

game down the stretch but breanna stewart's 27-point performance put the game out of reach. for the first time in 21 years the liberty headed back to the wnba finals. they win 87-84 so it's the two seeded liberty heading to las vegas to rekindle their rivalry with the one seeded aces. game one of the wnba finals is next sunday. aces trying to make it back to back championships, liberty trying to win for the first time ever. >> when it comes to the original wnba teams, storied teams there. swinging over to the final day of the mlb regular season. this time last week the astros were fighting for their playoff lives but after a win over arizona houston won the al west for the sixth time in seven years. they earned the second bye in the american league. the wild card round tees off tomorrow with the rays and rangers in tampa bay it was an emotional day in detroit where tigers legend miguel cabrera played the final

game of his 21-season career he fielded a grounder and got the runner out at first base with all the stats that he has to be proud of in his career, we're looking at hall of famer status. >> amazing run. coming up on "early today" president jimmy carter celebrates 99 years around the uny.on sda and "paw patrol" barked its way to the top of the box office where can we find a low-cost health plan? what about a plan that covers doctor visits? emergency care? prescriptions? with the new law, 4 out of 5 customers can find a plan for $10 or less per month with financial help. healthcare.gov is here for you. enroll today for coverage starting the first of next month. what's the website again? healthcare.gov hey guys, check it out: it's mrs. stevens. they say she can make things appear out of thin air.

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office raking in $23 million in ticket sales it beat out "saw x" and "the creator." as well wishes poured in from around the globe president jimmy carter quietly celebrated his 99th birthday at his georgia home with family at the carter center 99 new american citizensfrom 45 countries took the oath of allegiance in a ceremony timed to honor the former president's special day. still to come, the girls r lte.g ver boys club, changin cacuur skin-carving next level hydration? new neutrogena hydro boost water cream. a vital boost of nine times more hydration* to boost your skin's barrier for quenched, dewy skin that's full of life. neutrogena. hydro boost. do you struggle with occasional nerve aches dewy skin that's full of life. in your hands or feet? try nervive nerve relief from the world's number one nerve care company. nervive contains ala to relieve nerve aches, and b-complex vitamins to fortify healthy nerves. try nervive. and, try nervive pain relieving roll-on. hey guys, check it out:

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decades-old tradition. >> reporter: in northern california a group of women is leading a new generation, cruising together in style fueled by a passion for their beloved low riders and their latino culture. >> it's a fun culture, we enjoy it >> reporter: classic cars with candy-colored paint, tricked out to defy gravity. but this car club culture also carries a much deeper meaning. >> it was born out west, more than 70 years ago as a way for mexican americans to connect with their community >> reporter: and now a major shift in this mostly male tradition. latinas like debbie martin and anna from the lady low riders united are part of a growing group of women using their own

cars to drive change. >> something that was all guys is now totally different. >> yes oh, yeah now it's grandmothers, grandkids, nieces, nephews, cousins. it's really nice to see because it is -- you can see it's generational it's a family thing. >> reporter: now behind the wheel the group is uniting to empower other women, showing off their rides and raising tens of thousands of dollars for various causes close to their hearts. >> how do you give back to the community? >> i think that's the most important thing that we do i think most of us have come from families that needed help when we were young and we were on the receiving end, so now it's our time to give back >> reporter: rosy brings her daughter to each event in her '61 impala. >> i believe that the culture behind it comes with a passion, with unity, with family, with

bringing people together. >> reporter: set ago new example for a new era of lady low riders >> we're very proud to be mexican american because i'm proud of who i am and what we represent. i'm proud of our culture >> and our thanks to josé for that report. you have to love it. the latina low riding ladies right there. all behind the wheel and they get to show their pride of being latina and also the pride of the vehicles and the two, that they put into that. >> and paying it forward like they said, they got help as they were young and now they're giving that back to the community. i'm all revved up after that story. thanks for caking off your week with "early today,"

lawmakers narrowly avert a government shutdown, but the fight is just getting started. why the short-term funding bill could have long-term