thank you so much for joining us. we'll see you back here tomorrow, same time, same place. until then, i'm ana cabrera reporting from new york. jose diaz-balart picks up our coverage next. and good morning, it is 11:00 a.m. eastern, 8:00 a.m. pacific. new jersey senator bob menendez faces federal bribery charges in court. what is next as more of his fellow democrats demand he resign? breaking overnight, an american soldier detained in north korea after running into the country back in u.s. custody. why the north says it expelled him. meanwhile, in new york, a judge rules donald trump committed fraud and lied about his net worth for years. how that could have major consequences for his family businesses. tonight in california, seven republican candidates for president face off at the second gop debate. how despite being a no show former president trump will still loom large on the stage. and heart breaking discovery surrounding the humanitarn

crisis at the border, a 2-month-old baby found abandoned. we'll speak with el paso mayor oscar leeser and why his city is at the breaking point. and we begin this very busy hour in new york city, where right now senator bob menendez is being arraigned on federal bribery charges with his wife nadine and two new jersey business men included in the indictment. on friday, prosecutors accused menendez of taking hundreds of thousands of dollars in bribes for using his influence to enrich three business men as well as the egyptian government. menendez slammed the charges as baseless and denies any wrongdoing. his appearance comes amid growing calls for his resignation. at this time, more than 25 members of the senate have called for his exit including new jersey senator cory booker. menendez stepped down as the chair of the form relations committee as this case plays out. here is how he responded yesterday to questions about his

future in congress. >> will you run for re-election, sir? >> as i said, i'm here to do the work of the people of new jersey. >> why won't you resign, sir? >> because i'm innocent. what's wrong with you guys? >> why were there gold bars there? >> joining us, msnbc anchor lindsey reiser, outside the courthouse, and nbc news capitol hill correspondent ryan nobles, and matt friedman, the author of politico's new jersey playbook. what can we expect today, lindsey? >> this arraignment was supposed to begin at 10:30, pushed back to 11:00 a.m. our producer is inside the courtroom and tells us prosecutors have come in, sat in the front row. these events are mostly procedural. this is an arraignment hearing so the defendants will learn more about the charges against them. they will plead. they're expected to all plead not guilty and the judge will set terms for release, but you're looking at video of bob and nadine menendez entering the courtroom around 8:15 this morning, so a few hours ago now,

holding hands, looking confident going into the courtroom. we believe that all four of these co-defendants will have their arraignment together. hannah, one of the other co-defendants, was arraigned yesterday and pleaded not guilty. so, jose, we're expecting this to begin any minute now. it is federal court, no cameras are allowed, but we'll be bringing you the very latest. i'm looking at the notes as we speak to see if it started. doesn't look like it started yet, jose. >> what are we hearing from lawmakers on capitol hill about all of this? >> jose, actually, just in the last few minutes another member of congress with significant influence is calling on senator menendez to resign and that is congressman pete aguilar of california, who is, of course, the third ranking member of the house democratic caucus, but more significantly is the highest ranking latino member of congress. you'll recall when senator menendez put out his statement, he talked about being a latino, suggested that he was being

unfairly attacked because of his heritage and many of the latino members of congress have been slow to react to the allegations against menendez because of his close ties to members of the congressional hispanic caucus. and so, the fact that aguilar is willing to say that it is time for menendez to step down and he's in a press conference right now that our julia tsirkin is a part of, he did talk about menendez's long record of service, but said the allegations are just too much for him to continue to effectively serve. so that is the significant development that congressman aguilar is calling on menendez to resign. and yesterday, we caught up with another number of members of the senate as wellhose same sentiments. take a listen. >> i think it is pretty clear that the best path for senator menendez right now is to step aside. >> when you say ste aside, do you mean to ? >> i think senator menendez

needs to resign. >> everyone's innocent until proven guilty. and anything i can tell you this is between the people of new jersey and senator menendez. >> reporter: keep in mind right now, jose, more than half of the democratic members of the united states senate have said that menendez should resign as you played in that video yesterday. i caught up with him yesterday and he made it clear he's not going anywhere. we'll have to see if this pressure campaign continues if menendez is able to hold on to his seat. jose? >> and, ryan, the one person who has yet to say one way or another is the leader of the senate. >> reporter: well, chuck schumer has weighed in on the issue, but you're right, has not made a formal declaration as to whether or not menendez should stay or go. he put out a statement shortly after the indictment came down saying that menendez had a long record of dedicated service to the senate, but then also said that he thought it was wise that he stepped away from his

chairmanship of the senate foreign relations committee, but you're right, specifically schumer has not said whether or not menendez should stay or go and his influence would obviously be pretty significant in a situation like this. >> and, matt, you pointed out this morning that republicans are giving menendez more slack than his democratic colleagues are. what is behind that? >> i think it would put them in a little bit of a difficult rhetorical position regarding former president trump who has, correct me if i'm wrong, four indictments right now. so, it is hard to say that menendez should resign while, you know, defending trump as the target of the fbi. menendez is really using the same kind of defense here, that he's being unfairly targeted by authorities. by the way, in new jersey, and i think in the senate democratic caucus absolutely nobody buys that. >> lindsey, where does the case go next then? >> reporter: well, jose, you see behind me. right now there is a cab behind

me, but there is a throng of media, cameras, reporters, still photographers, it is unclear if menendez or his attorney will make any kind of comment. we heard from him on monday. i was there in union city, new jersey, where he grew up, he remained defiant. at that time, only one democratic senator called for him to resign, john fetterman of pennsylvania. later that day, sherrod brown joined that call. we're not sure if he's going to talk or any of the attorneys, maybe a co-defendant could speak, but we'll be here in case and we'll ask questions, of course, if that happens. but next in the federal criminal case here, we have discovery, that is when the defense team will see the evidence the prosecutors have amassed thus far. pretrial motions. a date for trial hasn't been set yet. this is the initial appearance. but, jose, we have to keep in mind, at the same time we have the federal criminal indictment, we know that fbi investigators, according to our reporting from colleagues, fbi investigators are looking into whether egyptian intelligence officials

potentially tried to gain influence and access to menendez through his wife nadine. we have a counterintelligence investigation going on. nadine menendez's attorney declined to comment on that. we have the senate ethics committee investigation, senator klobuchar said she was calling for that immediately. we have three concurrent investigations and just glancing down very quickly at my notes, again, from our producer inside the courtroom, does not appear it has begun yet. >> okay, matt, you were talking about the new jersey democratic party not really buying into what the senator has been saying. what is the future of the new jersey democratic party and institutions if senator menendez does decide to step aside? >> well, so far you only have one major candidate who has formally declared he's running against menendez or for the seat should menendez not seek

re-election, that's congressman andy kim. but you have a number of elected officials, congress people who are sort of testing the waters in the background and that -- as well as the first lady of new jersey who is currently taking phone calls about the prospect of running. also from menendez, if he does resign and while that doesn't look like it is coming anytime soon, i'm sure there will be more pressure brought to bear on him by his party, then the governor of new jersey, who is a democrat, will be able to make an appointment for someone to fill out rest of his term. so, that's where it stands right now. a lot of people kind of quietly testing the waters, but i can tell you that the senator does not have -- he has virtually no support so far for re-election. it is actually more notable who hasn't called on him to resign and they haven't really supported him for re-election, they just have refused to call on him to resign so far. so i think that if he does seek re-election, he'll face a really tough time. one thing he might be banking on

is that the field will be so crowded that he'll slip through. but history doesn't bode well for it, because after his last indictment in 2018, a much less serious indictment, no name, no funding, democrat ran against him in the primary, no party support, and still managed to get 38% of the vote against him. so that doesn't really bode well for his support this time. >> lindsey reiser, ryan nobles, matt friedman, thank you. up next, breaking a short time ago, officials say the american soldier who had been in custody in north korea since july is now back in u.s. custody. a new york judge makes a scathing ruling in one of the cases against donald trump, claiming trump lives in a, quote, fantasy world. and we're just three days away from a government shutdown with no clear path to a deal. what needs to happen to an agreement coming forward. we're back in 60 seconds. you're watching "jose diaz-balart reports" on msnbc. you're watching "jose diaz-balart reports" on msnbc.

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-see? -ah. 11 past the hour. we're following breaking news. travis king, the american soldier who had been held by north korea since july when he ran across the border into the isolated country, is now back in u.s. custody according to a u.s. official. nbc news foreign correspondent josh lederman is following this developing story. josh, good morning. what is north korea saying and what do we know about king's condition now? >> reporter: well, north korea is saying that he entered north korea illegally and admitted to during their investigation, saying as they have said i the past that he complaine about poor treatment and racial discrimination within the military and that ultimately they decided to expel him from the cotry. we don't exactly know his precise whereabouts at this time, other than that he is now in u.s. custody. but the u.s. pentagon has put

out a statement in which they are thanking both the governments of sweden and china for their help in getting him out of north korea. and so that gives us some indication of how this all played out. the swedes, they are the protecting power for the u.s. inside north klee korea since w don't have an embassy in that country. china, a bordering country with close relations with the north koreans. and we're also hearing just in the last few minutes from a spokesman for the mother of travis king and she says in the statement from the spokesperson says miss gates will be forever grateful to the united states army and all its interagency partners for a job well done. the statement goes on to say the mother does not intend to be giving any interviews about what has happened to her son. but in the meantime, some major questions we expect to learn more about in the coming hours, such as what is the condition of travis king, how is he doing, did he actually want to come home, and, of course, what did

the u.s. have to give north korea if anything as a concession in order to bring him home. a lot of these questions still swirling right now. hopefully more information coming very shortly. >> josh lederman, thank you very much. right now, a pretrial conference is under way in the new york stiff case against donald trump and his family business. one day after the judge overseeing the case dealt a major legal blow to the former president. the judge found trump, his two eldest sons and company liable for fraud, for misstating the true value of multiple properties for years and grossly overstating the former president's net worth. the judge also canceled trump's business certificates. the ruling paves the way for a trial to begin next week and the $250 million civil suit brought by new york attorney general letitia james. trump's lead attorney says trump and his family will appeal the decision. in a statement, posted on his social media site, trump called the decision ridiculous and a

witch-hunt. with us now to talk more about this is "new york times" investigative reporter susan craig who spent years digging into donald trump's businesses and finances. so it is good to see you. just how significant is this ruling, do you think? >> i think it is really significant. if he faces now a situation where a receiver is going to be put in position to have control of his assets in new york and he's going to trial on monday where penalties are going to be talked about and could run up to $250 million. and i don't think this is a case where sometimes you hear somebody is going to face up to 20 years in prison and they get five. i mean, we're looking at a case given what happened yesterday where he was found liable on the main count in this lawsuit where those penalties are probably, if not going to hit 250, are going to hit close to it. he's now got a receiver on top of a number of his assets. and that doesn't mean, i think there is a lot of images, you hear this, there will be

padlocks on the door at trump tower, that's not what's going to happen, but a receiver will be in control of the assets while this plays out in court. >> so, what does that mean? in other words, a receiver essentially assumes the position of manager of some of the properties? >> yeah, he loses control and a manager will step in. i think that will go -- probably go on for some time, while this plays out in court. but ultimately he's not -- there could be a situation where this is thrown out, but what will likely play out is that the receiver will be in place for some time. the receiver will be a steward of the properties and that's in the interest of the taxpayers of new york. because eventually there will be a resolution and let's say if it goes to the point where he has to pay a penalty, those assets could then be sold to, you know, to pay that penalty. so you want those assets performing and you want them, you know, with value so when if they are sold, it can go to pay

the penalty and if there is excess, who knows where trump could get some of that, but they want to make sure that they got assets to pay that penalty because it is so large. >> and this is really focused strictly on new york, this whole legal process. >> that's correct. and he's got not insignificant assets in new york. he has the commercial space at trump tower, he's got 40 wall street, he's got, you know, an estate in bedford, it is empty, but he's got that, that is worth 10, $15 million. so he's got not insignificant assets in the state. a lot of his assets are outside of new york. we're looking at golf courses and mar-a-lago and those sort of things. but he does business in new york state and he is no longer in business in new york state in terms of, you know, this lawsuit takes the control away from he and his family members except

notably for ivanka trump who is not part of this. she can still continue to do business in the state. >> so, the fact that the judge -- i don't know if you -- canceled his business certificates, what does that mean? >> it goes back, it is all kind of one of a piece. he is now in a position where receiver is going to be over these businesses and they can't conduct business in the state. they are fighting this in court, so there will be appeals, but in the meantime, when this happens, they don't usually say, well, the fraudsters can stay in charge while the appeals play out. that's not going to happen. the receiver is going to be put in place, and will be overseeing the operation of these assets while this plays out. and monday is going to be another day we should be looking forward to. it is october 2nd, on monday, there is still going to be a trial happening, even though this main count has been decided. it is a civil trial, it is from the bench, there is no jury. so the judge said, what he essentially said yesterday was i

don't need to hear the fraud case, i decided. the evidence was overwhelming. but other charges will proceed. the main one is going to be to determine what the fine or the penalty will be from this. there is a few other charges on the insurance front that will be heard in front of the judge. that starts monday. >> thank you so much for being with us. really appreciate it. up next, seven republican candidates are set to square off in tonight's presidential debate in the fight for second place. you're watching "jose diaz-balart reports" on msnbc. d. you're watching "jose diaz-balart reports" on msnbc. (all) ♪ toooo youuuuu! ♪ (sean) i wish for the amazing new iphone 15 pro! (jason) sean! do you mean this one - the one with titanium? (sean) no way i can trade this busted up thing for one. (jason) maybe stealing wishes from the birthday boy is not your best plan -- switch to verizon and trade in any iphone and get the new iphone 15 pro on them. (sean) what!? (jason) yup, and on an amazing network (sean) and i don't have to ruin anymore birthday parties! (jason) yeah, that ship has sailed... let's go get you the iphone. here we go, come on hon.

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23 past the hour. seven presidential hopefuls have just a couple more hours to sharpen their messaging and plot their strategies for tonight's republican debate. for those polling at the bottom of the field, it is kind of going to be a last chance to try and cut into donald trump's massive lead. for trump, who is skipping the debate, it is at night for counterprogramming. the republican front-runner is headed to michigan today to address a crowd of striking autoworkers. joining us now, nbc's garrett haake in simi, california, where tonight's debate is going to be taking place. and nbc's vaughn hillyard and john kasich. what are some of the preparations and the expectations going into tonight's debate?

>> well, all of these candidates understand that they are right now in a fight for second place. and they're trying to make up ground on the absent front-runner. i think we will see some of these candidates try to find ways to create contrast with donald trump, whether it be on the issue of abortion, where ron desantis and mike pence have both taken issue with the way that donald trump criticized the six-week ban that was passed in florida, in his recent interview on "meet the press," expect to see desantis and pence try to make some leeway there. you can see nikki haley try to mix it up with donald trump in absentia as well. she was the first to do that in the first debate, on several different issues. she's been critical of his stance on the government shutdown, for example, you can tie it back to the economic focus that you're likely to see in a fox business hosted debate. but for all these candidates there is a tactical and strategic challenge here. strategically they need to make themselves look like the alternative to donald trump. technically, he's not on the stage. you mentioned donald trump, your time is up, the moderators move

on. there is an imperative to start a little bit of back and forth through the candidate on the stage, just so you can keep your momentum going. it is a very difficult position for these candidates down 40 or more points to the front-runner when he's not even there to take their incoming fire should they bring it. >> vaughn, the president, former president, i should say, is working on counterprogramming. going to be in michigan tonight. >> right, jose. and contrast to president biden's trip here to the picket line yesterday, former president trump has no expected intended plans of visiting the picket line himself. he will not be joined by uaw leadership to the best of our knowledge at this time. and instead he will be delivering primetime remarks here at this non-union body parts manufacturing plant here in mccomb county, michigan. when we're talking about the former president, there is an important distinction, jose, between being pro-union and trump's claims of being

pro-worker. during his administration, he pressured numerous auto companies to keep their plants open and in the u.s., but with limited success. plants still shuttered here in michigan, ohio, maryland. there was not a wave of manufacturing plant construction or jobs created during the administration and national labor relations board under the trump administration as well as his department of labor gave greater power to employers and rolled back standards for workers seeking to unionize and gig economy workers as contractors not employees, keeping them eligible for certain benefits and overtime pay. the u.s. supreme court after trump's conservative justices were added to the court ruled on numerous labor-related cases that have hampered union organization. again, it is going to be primetime remarks here around 8:00 p.m. eastern, right as that gop debate is about to kick off and in which we anticipate the former president going and speaking before union workers, but at a non-union manufacturing plant, jose. >> john, just wondering what your expectations are of what

could happen tonight. last time we spoke, the morning after, the first debate you called it a big nothing burger. what are you thinking about tonight? >> well, look, there doesn't seem to be that much interest in this. it is interesting to me. you know, i think a lot of people are just not even aware there is going to be a debate. i think tonight it is important for desantis to sort of step it up. you can -- as you know, he's been falling in the polls. sometimes in third place, and i think it is important for him to make a mark tonight so he can stop slide and to stand up and show what he can do. nikki haley had a -- the reports were very good for her after the last debate. i thought she did fine. the question is can she take advantage of that and try to cement where she is. she seems to be attracting some of the more moderate people in the party, so it is a question as to what she can do. but, again, i think tonight the pressure really has to be on

desantis. what is interesting is, you know, you got donald trump out there again, counterprogramming, and he's going to go up to michigan and he's going to use that populist rhetoric and we're going to have to see what kind of attention he gets on that. but the real question, jose, is can anybody, can lightning strike tonight for anybody to really kind of jolt them into a position where america becomes fascinated with them. lightning does strike. it doesn't strike that often, every once in a while, we'll keep our eyes on to see if there is anything significant that happens. but it is tough. when you're down 40, it is tough to be able to make a big leap. not impossible. >> and i'm just wondering, john, you're not -- not only have you been involved in that world, but you're a keen student of history and politics. i'm just wondering, you know, how does lightning strike when it is pretty much as you said, it is everybody down 40 points, some are down 50 and more

points. how does lightning strike. i'm thinking of mondale, reagan moment, or even the vice presidential, you know, you're no john kennedy. >> or carter. >> yeah, right. how is something like that possibly occurring in this circumstance? >> well, you might remember in a reagan and bush where in new hampshire it was reagan that said i'm sorry, sir, but i paid for this microphone because they weren't giving them time. jose what it really is some moment that gets you excited. people like you. it is not so much the debate that matters. it is what people say after the debate, right? it is what the media does when they cover it. and so what i would say about it is when somebody has a clear moment, and you see it, and then it is just -- starts to give them attention and starts to build momentum, but, you know, what you like to say in basketball, halftime, you're down 40, you say, okay, let's

try to cut it, let's try to cut it down in half by the time we get to the fourth quarter. i think the same thing is true in politics. just keep doing your thing, keep plugging along, and you never know, trump might actually have a stumble. i don't know. we'll have to watch. but the media seems to be less interested because i think -- they think trump has it all wrapped up. i wouldn't draw that conclusion at this point. he's way ahead. it ain't over until it's over. >> right. and, garrett, the fact is that tonight's debate is being held at the reagan presidential library. there is a lot to that. >> yeah, i mean, jose, the divide between where the republican party or the base of the republican party is right now that it was during ronald reagan's presidency couldn't be more stark. i think some of the candidates will try to make that comparison. they will try to use this physical location to remind republican voters of the popular former president. mike pence rolled out a slate of endorsements from former reagan officials just the other day. he, nikki haley, chris christie

to a lesser degree, all have embraced elements of reaganism, his foreign policy. some of them might try to embrace the more sunny outlook on the future of america, in contrast to the way donald trump talks about the future of the country. but the setting here truly highlights the division between donald trump who has taken the party in such a different direction, both in terms of policy, free trade, foreign affairs, or any of these issues that reagan embraced, and stylistically sort of sunny opportunism that reagan tried to represent to the country versus the death and destruction kind of viewpoint that donald trump brings to all this will be really highlighted that contrast very much on display here tonight at simi valley. >> garrett haake, vaughn hillyard and governor john kasich, thank you for being with us this morning. tonight, make sure you stay with msnbc for continuing coverage of the second republican debate, going to have expert analysis at 11:00 p.m. eastern, 8:00 p.m. pacific on

msnbc and streaming on peacock. we're following breaking news as well. senator bob menendez's arraignment on federal bribery charges has just started. we're live with an update next. plus, the senate steps in and takes a step forward to try to avert a government shutdown, but will house speaker kevin mccarthy consider such a deal? we'll talk to congressman ro khanna about that and a whole lot more. plus, what he expects to hear tomorrow's first impeachment hearing inquiry into president biden. you're watching "jose diaz-balart reports" on msnbc. t. you're watching "jose diaz-baralt reports" on msnbc.

it can cause harm or death to an unborn baby. don't take entresto with an ace inhib okiren, or if you've had angioedema with an ace or arb. the most serious side effects are angioedema, low blood pressure, kidney problems, or high blood potassium. ask your doctor about entresto for heart failure. 45 past the hour. new this morning, dhs announced it will distribute more than $12 million to communities receiving migrants. the funding comes as the crisis at the southern border is growing more urgent as thousands and thousands of migrants are crossing into the u.s. every day. this new video shows people in mexico running into california through a section of the border fence under construction. and city border patrol agents in the rio grande valley said yesterday they found a 2-month-old child that had been left abandoned. the border patrol chief in the rio grande valley says, quote, this is a chilling reminder of how children are being exploited by human smugglers and criminal organizations every day. and we're hearing more about the brutal journeys migrants have to take in order to get to the united states.

>> he said he waited five months but wasn't able to get an asylum appointment with the app after running out of resources, he said he had no other choice but to enter another way. el paso's mayor says his city is at a breaking point as thousands of new migrants arrive every day. joining us now, the mayor of el paso, always a pleasure to see you. i thank you for being with us. what is the situation like in el paso today? >> good morning, and, you know, we have been getting about 2,000 a day. and we get to a breaking point. it is important for us to be able to make sure people are not on the street and we have a bed for them and a couple of days

ago, we had four hotel rooms we were housing about 400 or 500 people a night, we're up to a thousand people every night we have to try to accommodate and over 20,000 meals a day. so we get to the breaking point where we can't continue to have the crossings and not have a bed for them to sleep in. >> so, what is causing -- what do you define as breaking point and so what is it that you're thinking is going to be happening? doesn't look like there is any kind of change going forward. >> we need to continue to work with the federal government to try to decompress not only the 35 past the hour. border patrol where they go in the federal government has three and get processed, but also the days to pass a spending bill and avert a shutdown. city of el paso. and just in the last hour, if it is important that we keep senate majority leader chuck people off the street, we get them a bed and move them to the schumer again urged speaker destination. mccarthy to take action. we all know that less than 1% of the people that come in through >> speaker mccarthy, the only the borders of el paso stay in el paso. so, we need to continue way, the only way out of a shutdown is bipartisanship. decompress our system, send people to their destination to

their families, to their and by constantly adhering to sponsors. what the hard right wants, it is an ongoing situation, but we are at a breaking point you're aiming for a shutdown. because we don't have the they want it, you know it, you adequate space as they come into can stop it, work in a the united states. >> and what about funding. i know that in the past you have bipartisan way like we are in the senate and we can afford told me that you have been harm to tens of millions of receiving some of the support by americans. >> joining us now nbc news the federal government on the capitol hill correspondent ali vitali. good morning. enormous costs that you as a so what is the main sticking city are having to assume on a points between these two parties? >> reporter: there is some daily basis. really as if fating dynamics at how is that going forward? play here. >> you know, that's something you got senator chuck schumer that is really important right trying to do his own procedural now. it is not on the back of the -- step that would really give the we couldn't afford to have it on senate a leg up and somehow the back of the local taxpayers. force mccarthy to move forward so we continue to get funding. on their version of a continuing resolution. the biden administration really this one specifically would include things like billions in helped us to continue to fund because we're doing the job of the federal government. aid to ukraine. that's among the sticking points we understand this is a border with the more hard-line community. conservatives over on the house we have responsibilities. side of this equation. but we're basically agents for the federal government to make but mccarthy was clear in sure that we continue to treat multiple conversations i had people the way we all want to be with him yesterday, he doesn't want to see what the senate is going to take -- he doesn't want treated. so the answer to your question to take up what the senate is is we continue to get funding,

going to do. but that's not the answer. the answer is we have a broken and continue to parry the idea immigration process, and until he should entertain it by saying the fact the senate hasn't they fix it, this will continue actually passed anything yet. to be a process. mccarthy is right on that front, and i have to say as we're >> i'm wondering, so, there was tracking what this senate vote might look like, we're not federal government announcement anticipating it will happen today, at this point it is going that tps would be granted to ven through the slowest process that it could possibly go through because key senators have said they're going to make it go at that speed as opposed to the ven -- venezuelans arriving faster process that leadership wanted to put it through. but then we're also hearing from before the end of july. people in just the last few there's more people from other minutes like thom tillis, he places that are currently on the doesn't frequently vote against republican leadership, but he has said he's going to vote no way to the united states. on this continuing resolution many are crossing on a daily basis in your city. because it is dead on arrival in the house. what is the message, mayor, that so, tillis is both speaking to you think we all need to know? the reality there, jose, but also saying that maybe the senate option isn't going to be >> there's a legal way that we an option at all. we'll be tracking those votes as need to continue. well. i know i saw the interview had >> yeah, and so just the fact you where they had been waiting for five months. that a cr, which would just put we need to expedite the app, a pause for 30 days, that's not even seemingly something that because once you come in through that system, you wait 30 days they could agree on. and they will give you your work

>> cr, continuing resolutions, permit. you got to think about them as a the permit from july 31 punt for 30 or 45 days, because backward, that's a misconception the lawmakers are buying some to a lot of people. we talk to them. time. for mccarthy, he wants to buy time so he can get the rest of the spending bills. they believe because of that we keep talking about how there that they will get a permit immediately. is 12 of them. so far they have been able to that's not the case. work through four or five of we need to continue to find ways them. he wants to buy time to be able to give them work permits so to work through the rest of them they can stay and take care of within his conference. that's because there is their family. disagreement on the total number >> it's always great seeing you. that each of those spending thank you for your team. bills should even add up to. >> jose, thank you. have a great day. that's been one of the key sticking points here too. but then also the other piece of >> likewise. breaking news out of new this is that there are some within the house republican york city. moments ago bob menendez along conference who have said, with his wife and two doesn't matter if it is punting, doesn't matter if it avoids the co-defendants pled not guilty to government shutdown, they're not a three count indictment voting for a cr no matter what. alleging the couple was part of it is just another layer on top a bribery scheme. of an already very complicated joining us is lindsey reiser. situation. jose? >> ali vitali on capitol hill, what's the latest? thank you so very much. with us now to continue our >> reporter: as you mentioned, conversation is california today senator bob menendez and congressman ro khanna who sits on the oversight committee. his wife pleading not guilty to it is always a pleasure to see the charges they are accused of. you. i thank you for being with us. the two co-defendants pleading

what are the repercussions writ not guilty. a third new jersey businessman pleaded not guilty yesterday. the hearing is still underway. large of a government shutdown in three days? the judge giving orders. >> jose, it would be disastrous i can tell you, some of the conditions for the release of for the first point, our military would not get paid. senator bob menendez, a $100,000 bond, surrender his personal we would be expecting our troops to keep us safe without paying passport. any foreign travel has to be them. 4 million federal workers, more business only. he has to let pre-trial services people are work at airports, at know. no contact with any co-defendants or witnesses in parks and will not get paid. the case. there will be there as for other than his wife. people who need any government interestingly, he cannot have services and they would make contact with any foreign probably delays at airports even relation staff who may have worse. and it would aggravate actually knowledge of facts of the case. the issues of immigration, he stepped down from chairmanship of the committee. because none of those workers the judge also letting everybody would be being paid. in the room know if they fail to so, it is a total self-inflicted appear or violate any conditions, a warrant will be wound. >> and so, congressman, what do issued for their arrest. jose, the judge has given an you make of the speaker's desire initial conference date of to tie funding to efforts to october 2 at 2:30 p.m. there secure the southern border? could be another october 11th hearing for some of the >> well, that is just political co-defendants as well. as i mentioned, this is still going on. the judge telling everybody that posturing.

the president has a plan to they should not be having any secure the border and have a contact with any potential humane immigration policy. he's been pushing that for two witnesses or any kind of jurors. years. the speaker doesn't want to not to engage in any entertain it or bipartisan intimidation or obstruction. solution. and now he's just pushing this my producer is mouthing something to me. idea, which doesn't even have court has been adjourned. support with senate republicans. that's an important update. look, on one side you have the my producer, who is letting us president of the united states, know the court has adjourned. the senate democrats and senate republicans with mcconnell, and house democrats. are we expecting anyone to talk? and then you got this extreme they could. you see the scrum outside the wing in the house republican courthouse. we could hear from any of the caucus that is really holding the country hostage. attorneys involved in the case. >> so, congressman, at this we could hear from ma nen december himself. it's unclear. time, tomorrow, your colleagues on the -- you'll be there, but ryan nobles just caught up with the colleagues on the oversight him yesterday on capitol hill. he remained deny ant he would committee will be holding the first hearing, republican not resign from his position despite so many members of the impeachment inquiry into president biden. what can we expect to see here? democratic caucus, both on the >> it shows you the republican house and really significantly priorities. instead of worrying this week on the senate side, calling for his resignation. about making sure our troops get paid, making sure federal he remains defiant. employees get paid, they are he says he will be exonerated. engaged in theatrics of going we will await to see the exit of after president biden. some of the co-defendants from there is no evidence there that the courtroom momentarily.

>> thank you so much for that. the president has done anything appreciate it. wrong. there are issues with his son, overnight, hollywood writers ended their strike. who we know had an addiction and had to overcome that. how the new deal will change the way hollywood works. and that is being handled an american astronaut stuck in space so long he broke a appropriately by law enforcement agencies. the american people don't want record is now back on earth. us politicizing that, they want what his first words were when us keeping the government running and open. he was pulled from the capsule. you are watching "jose >> and what is the democratic diaz-balart reports" on msnbc. diaz-balart reports" on msnbc. strategy for rebutting this. >> probably i think they're going to self-destruct. it is going to seem such overreach on their part, and that they're going after the president's son without any of the goods on actually showing that the president or anyone in the white house did something wrong. there are many cases in this country people know they have a family member or a friend who suffered from addiction, no one has a perfect family, we had that before, even with president's families and i don't think the american people want us focused on that. they want us focused on their

issues. >> congressman ro khanna, i always appreciate you being with us. thank you for your time. >> thank you, jose. up next, conditions at the border for migrants are just growing more dire by the day. take a look at this. this is a -- border agents found a 2-month-old baby abandoned in the rio grande valley. we'll talk to el paso's mayor about why he says the city is at a breaking point. you're watching "jose diaz-balart reports" on msnbc. nt you're watching "jose diaz-balart reports" on msnbc. >> tech: cracked windshield on your new car? bring it to safelite. my customer was enjoying her new car, when her windshield cracked. [gasp] >> customer: my car! >> tech vo: she didn't take it to the dealer. she scheduled with safelite. we have the latest technology for the newest vehicles. and we do more replacements and recalibrations than anyone else. >> customer: thank you so much. >> tech: don't wait-- schedule now. ♪ pop music ♪ >> singers: ♪ safelite repair, safelite replace. ♪

new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today. do you mean this one - the one with titanium? (sean) no way i can trade this busted up thing for one. (jason) maybe stealing wishes from the birthday boy is not your best plan -- switch to verizon and trade in any iphone and get the new iphone 15 pro on them. (sean) what!? (jason) yup, and on an amazing network (sean) and i don't have to ruin anymore birthday parties! (jason) yeah, that ship has sailed... let's go get you the iphone. here we go, come on hon. (vo) trade in any iphone in any condition for a new iphone 15 pro on us. only on verizon. let's get right outside of the courtroom there in new york wayfair has nice prices, so you can have nice things. city. nbc's lindsey reiser is outside there. we can see the camera moving, whose resumes on indeed matum kelly? we haveria. champagne taste... because we are expecting the on a hard seltzer budget... time when the senator and his wife and the others will be wayfair's got just what you need! what... heading out of that courtroom at y'all this is nice. your back. >> reporter: certainly. salad plates? kelly clarkson? i'm fancy now! quite a presence right now behind me here with just so many i have always wanted statement lighting. media. there are two possible exits that menendez, his wife and the get nice things at nice prices at wayfair! other two co-defendants who ♪ wayfair, you've got just what i need ♪ pleaded not guilty could exit the courthouse from. we have the front and then we

have a side entrance. we have cameras in both positions so we can see whether any of them make any comments, answer any questions. when senator menendez held his press conference monday, he delivered a statement in english and spanish. we carried that live on your what was it like before viasat satellite internet? air. he did not take any questions. two words: not fun. yesterday, when our crew caught up with senator menendez in the log off. i've got homework! no way! it's still my turn! halls of congress, he said that he would remain in his seat, but but now with viasat's new plans, we have plenty of internet. for everyone! he did not answer questions whether he would run again in learn more about our plans at viasat.com 2024. jose, a live look here at the i promise - as an independent advisor - front of the courthouse as we we have plenty of internet. to put the financial well-being of you await to see if anybody possibly and your family first. i promise to serve, not sell. will step inside of any of the i promise our relationship cameras there and answer any will be one of partnership and trust. questions. we will be keeping an eye. i am a fiduciary, not just some of the time, court has adjourned. they did plead not guilty today but all of the time. in the initial appearance, in charles schwab is proud to support the arraignment. the independent financial advisors it's just a waiting game to see who are passionately dedicated to helping people achieve their financial goals. when they exit the courtroom and visit findyourindependentadvisor.com whether they whisk into their cars or address the cameras.

>> for folks listening on radio, (♪♪) this is live tv. this is the kind of thing that's entresto is the #1 heart failure brand important, breaking news. prescribed by cardiologists. we have set up the cameras many it was proven superior at helping people stay alive lindsey reiser is there outside. and out of the hospital. don't take entresto if pregnant; there's a series -- it looks like a podium set up. it isn't a podium but an area filled with microphones. in case the senator does decide to speak. you can see some of the crowds that are out there, journalists and non-journalists alike. i want to bring in nbc news capitol hill correspondent julie sorkin. yesterday, at this time, i think we started the hour with nine senators asking for the senator from new jersey to resign. that quickly just escalated. the number of democratic senators asking for menendez so stop aside. >> exactly. the floodgates have opened when

senators were able to come in town with huddle with one another and examine the charges for what they are. we are breaking 30 senators who have called -- 30 democratic senators, who have called on menendez to step aside. we heard from the number two democrat, dick durbin, who refused to say that menendez should step down this weekend, now saying he should resign. in a few hours, we will hear from democratic leadership on the senate side, including chuck schumer. he will address the press. we will see if he will come out to say it's time for men na december to step down. this is a different place than where we were during the senator's first indictment back in 2015. now it seems like an overwhelming majority of democrats are calling on him to step aside. i was in a press conference with peter agular, the chair of the house democratic caucus. he said that it is time for menendez to step down. forceful condemnation as we see menendez continues to deny his wrongdoing.

>> thank you for being with us. we will stay on this. we will monitor that. you will see it immediately as it happens. before we go, a personal note. today is our second show anniversary here on msnbc. i want to let you know how incredibly essential people are behind the scenes of this program. this broadcast can serve you, our audience.