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pacific. right now former president trump is in a courtroom in new york city as the civil fraud trial against him begins. his business empire on the line. on capitol hill, a government shutdown has been averted for now. but there's a new crisis for house speaker kevin mccarthy. we'll talk to congressman steven horsford about that, and get his reaction. at the supreme court, justice clarence thomas has recused himself from a january 6th case for the very first time. we'll explain why. and this weekend, large groups of migrants, mostly from venezuela made their way across the border navigating through razor wire to get to shore. we'll speak about why they are fleeing their homes in my sit-down interview with the former interim president juan gaido, who is now living in exile in the united states.

we begin in new york city where right now former president trump is inside a courtroom where his massive business empire is on the line. just moments ago nbc news got a look inside that very courtroom. take a look at these pictures, the former president seated alongside his legal team as the first day of this critical $250 million case trial unfolds. there you see him inside the court. also inside that court, new york state attorney general etitia james who brought the case accusing the former president and his family of over inflating the value of some of their properties when it suited them. just before this trial began, the former president addressed reporters outside the courtroom and slammed the case as a political witch hunt, denied any wrongdoing. here's what we heard from new york attorney general letitia james this morning. >> 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, and it is my responsibility and my duty and my job to enforce it. >> joining us now outside the courthouse, nbc news correspondent vaughn hillyard. also with us nbc news justice and intelligence correspondent ken dilanian, and glen kir issue ner a former federal prosecutor and msnbc legal analyst. what's happening right now inside the trial? >> reporter: right, so everybody knows we do not have camera access to these live trial proceedings here. we are relying on our great producer adam reiss who is inside, i'm looking down at my computer as all of us are tracking his notes he's sending from inside the courtroom. a camera was allowed in before the trial began for about two minutes there. you're looking at donald trump sitting next to chris kise his lead attorney, as well as alina haba who is another one of his attorneys and a legal

spokeswoman, and you see letitia james who through her office is bringing this case against donald trump as well as the judge who is overseeing this process over the course of the last two years as the attorney general's office worked to compel the turning over of financial bank real estate records and forced donald trump and his children to sit down for depositions, and is now overseeing this case that culminated after a three and a half year investigation. so far we've seen the lead prosecutor from the new york attorney general's office so far played a couple of video clips from several of the depositions including from michael cohen, donald trump's former attorney who has testified publicly and in a deposition with the new york attorney general against donald trump laying out the ways in which he, while working for the trump organization, he says that he was directed to inflate the assets, the valuation of the assets in order to inflate

donald trump's own self-worth, but also in order to gain better tax and loan arrangements, and we also have heard video from allen weisselberg, part of his deposition, the long-time chief financial officer dating back to 1973, the lead prosecutor from the attorney general's office has played part of his deposition. he could be a key witness. he already served several months in jail over at rikers jail after in a separate case through the southern district of new york he came to a plea agreement in which he pled guilty to tax fraud charges stemming from his work with the trump organization and tax perks that benefitted him, but he could very well be a key witness. we are looking at potentially a trial that lasts according to the judge through december 22nd. for donald trump there is still much at stake despite the initial order that the judge came forward with last week on summary judgment, but we expect donald trump to not necessarily be inside the courtroom each of these days ahead.

he chose on his own accord to with here in person for this trial. but also you saw letitia james who stood on these very court steps in lower manhattan in which she made it very clear that donald trump would be punished for what she says was financial fraud, and if the new york attorney general and her prosecutors get the ruling they want from this judge, the trump organization empire that is now nearly one century old could very well be brought to its demise here. so for donald trump, there is as much at political stake as we are three and a half months away from the iowa caucus, but potentially more importantly for him and his children and his family at large, there is much for his corporate interest that is at stake and his own future, jose. >> ken, why are the stakes so high here for trump? >> well, because a judge has already ruled that he engaged in are fraud and the judge's ruling has far reaching implications. if strictly enforced, it could

mean a death sentence for the trump real estate empire in new york state. the judge has already canceled certificates of ownership on most of donald trump's properties and those owned by his sons in new york. there was a hearing last week and donald trump's lawyers were asking about the implications of that ruling and how it would be enforced and he didn't really answer. he appointed an independent monitor who would get into the trump organization, look at the books and try to figure out how to sort through all of this. this ruling will be appealed and we'll see what happens in this trial in terms of damages. what seems likely at the least here is that donald trump will lose control if not ownership of many of the signature properties he has made his name on including trump tower in new york city, which could have unfold financial implications, political implications for him. for good reason, we pay most attention to the four criminal cases that he is facing, but this civil case really goes to

the heart of his identity as a real estate developer. we can't underestimate the psychological toll this could be taking on him, the financial costs even as he's staring down millions of dollars in legal bills and the potential loss of his freedom in these criminal cases. this is a potential loss of financial freedom, financial resources that -- with enormous implications, jose. >> so glenn, talk to us a little bit if you would, about tha this is all in the hands of judges, right? but how unusual is this and what are we seeing here? >> yeah, so it really is unusual in many respects. judge engoron will be sitting as the finder of fact, so there will not be a jury. judge engoron is the one who will make the decision with respect to liability and damages. we know that attorney general james is seeking at a minimum, a quarter of a billion dollars in damages, but you have to wonder, given judge engoron's prior

rulings as ken was just discussing like the dissolution of donald trump's llcs, his businesses, his companies, you wonder if that money damage award assuming it goes against donald trump could be even higher than a quarter of a billion dollars. what i'm really interested to watch as this trial unfolds, jose is the witnesses that a.j. james chooses to call because her witness list reads like a are veritable who's who of the trump organization. she said she may call as witnesses, donald trump, don jr., eric trump, ivanka trump, michael cohen and allen weisselberg. importantly, those are two insiders in the trump organization, each of whom pleaded guilty to various crimes. allen weisselberg, for example, pleaded guilty to a 15-year long criminal tax fraud scheme while he was with the trump organization, and he testified against the trump organization in alvin bragg's criminal

prosecution of trump org. i am looking forward to what happens when these adverse witnesses are called to testify by letitia james. >> how does it normally work -- how does this work? is this like a daily situation going forward? you talk about some of these witnesses, et cetera, that clearly they're not going to be pro-prosecution, but how is this going to work? is this going to be a daily thing, glenn? >> so jose, i will say having tried cases for 30 years, when we project how long a trial will last, we are almost always wrong, and that goes for the judges as well. you know, we try to give the parties and if it's a jury trial, which this isn't, the jurors a real, you know, estimate of how long everybody can expect to be in that courtroom. now, here is what i think is most likely to impact the length of the trial. tish james announced as many as

53 potential witnesses. trump's attorneys announced as much as 123 or 127 potential witnesses. here's what i can tell you, the defense teams almost always over estimate how many witnesses they're going to call. that impacts how long the trial will be, and in my experience, if they say they're going to call 127, they may end up calling only 27. so that will impact how long this trial will actually last. >> we're seeing some images of the courtroom, we see the former president sitting there, the a.g. there right behind him looking straight at him. we've often talked about the fact that, you know, whether there is or not cameras in the courtroom in these different cases. what is it like here? here we're seeing essentially a camera spray and no more cameras. >> yeah, that's right, jose.

what we did see earlier, though, is donald trump standing outside the courtroom and absolutely denouncing the judge and the attorney general in very personal terms calling the judge a rogue judge, exhorting his followers to, quote, go after the attorney general who he called a racist and not only is that an extraordinary legal strategy, really haven't seen any defendant do that before walking into a courtroom where the judge is going to sit in judgment. the it's an extraordinary moment for our democracy, a former president denouncing a sitting judge. it's one thing to say that he felt he was treated unfairly, that he disagreed with the ruling, but this is really going to the heart of our democracy, which after all relies on the rule of law, relies on confidence in courts and judges, even when folks disagree with them. donald trump doesn't play by those rules and, you know, it has a lot of far reaching implications, including for the

very people involved who have to get security details because of the threats that flow from some of his extraordinary statements. we're going to find out in the washington, d.c., case whether there's a limit to that kind of rhetoric. jack smith, a special counsel is trying to get the judge to impose a gag order. he weighed in on friday saying to the judge that donald trump continues to make what the prosecutors call inflammatory and prejudicial and improper statements and he needs to be stopped. so we'll see whether a federal judge in washington can do that, jose. >> and vaughn, there is, as ken was talking about obviously many legal implications to what's going on inside that courtroom in new york. but there is also the political implications that the former president has already been exploiting. >> that's exactly right, and this is an opportunity to also make money for his campaign. he has sent out fund-raising emails and text messages over the last 24 hours. we have seen them work to profit off of the mug shot that was taken in fulton county georgia. for donald trump, he did not

have to be here in person, but instead he chose to stay the night in trump tower and motorcade to lower manhattan to appear before the cameras and the judge and alongside attorney general letitia james. for donald trump, making himself the political martyr here is such an important element of his legal peril here because ultimately, it will be the judges and juries that find donald trump, whether he was liable in these cases or guilty of criminal charges in the other four criminal indictments that he faces here, but for donald trump, it is trying to make something out of what are perilous trials ahead for him. and you know, for donald trump, he is going to go back on the campaign trail. he will be in iowa for the weekend. donald trump has had definitely a lighter campaign schedule than other candidates who you have seen barn storm around the early states. for donald trump, he knows that the attention is on him, not only because of the political

ends but also the future of the trump organization. and for donald trump, they have made a marketing campaign out of the attacks, as he says a witch hunt that began as soon as he won the white house. and for donald trump, this is at -- again, an opportunity to not only make money for his campaign, but also through his super pac, affiliated super pac, an operation that has helped pay his own legal expenses, ones that have racked up to the tens of millions of dollars. >> vaughn hillyard, ken dilanian, and glenn kirschner. we'll check back in with vaughn outside the courthouse later this hour. up next, california's governor making an historic appointment in filling senator dianne feinstein's seat. we're going to speak with congressman horsford who urged the governor to pick someone else. we'll chat in just 60 seconds. you're watching josé diaz-balart reports on msnbc. atching josé dt

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16 past the hour, now to washington where attention is now turning to preventing a potential shutdown in november after a bipartisan breakthrough, congress approving a stopgap funding bill to keep the government open for another 45 days, house speaker kevin mccarthy's job could be in jeopardy as he shifted course and turned to democrats to help pass that bill. congressman matt gaetz says he will move to kick mccarthy out of the speaker's chair. mccarthy responded back defiant. >> i do intend to file a motion to vacate against speaker mccarthy. i think we need to rip off the band-aid, move on with new leadership that can be trustworthy. >> i'll survive. this is personal with matt. he's more interested in securing tv interviews than doing something. bring it on. let's get over with it, and let's start governing.

>> california governor gavin newsom announced that he has chosen laphonza butler, president of the group emily's list, which helps to elect democratic women who favor abortion rights to fill the seat of long-time senator dianne feinstein who died last week at the age of 90. with us to talk about this and more, nbc news capitol hill correspondent ali vitali and brendan buck, former press secretary to former house speaker john boehner. he is also an msnbc political analyst. ali, does it seem likely that the speaker will face a vote to oust him this week? >> gaetz says he's going to move on this this week, we'll wait to see if that's true. this is something that gaetz has been threatening over the course of the last several months at the outset of coming back and trying to contend with this shutdown crisis, gaetz was clear on the floor. he said if mccarthy turns to his left and works with democrats on avoiding a shutdown, he is going to file a motion to vacate.

now, what remains to be seen is whether or not this is more effective as a continuous threat or if gaetz has enough political capital behind him to efficiently and effectively oust the speaker. then it becomes a question of for however many republicans mccarthy loses, can he gain back that many democrats, and is he even willing to make that calculus. we have not heard that there's been outreach to democrats. i do think as you consider what led to this point, yes, this is the culmination of some of mccarthy's deals and concessions that he made to get the job in the first place. there's also the question of the way the speaker is talking about this. he's saying for gaetz this is personal, personal and relationships are the currency up here on capitol hill, and so certainly that might be part of it, but the other complaint that gaetz has had, and this is from my conversations with him and other allies of his is that he wanted to see the spending

process, this appropriations process go through a regular order where each of the 12 appropriations bills were dealt with, where it was an intraparty conversation. certainly that's the conversation that was being had up until saturday morning when mccarthy felt he had no other choice but to look across the aisle and avert a shutdown that way. that was the way, though, that gaetz didn't want this to happen. for him, he comes from a district with a lot of veterans there. this is something where he thinks he might be able to take this home and say he forced a shutdown on the issue of spending. there's the home state politics considerations for gaetz, someone who wants to run for governor of florida in the next few years, this is something that could play there as well. gaetz is someone who's closely aligned with former president donald trump. he had trump's backing on this to say, hey, get everything you can, and if it means shutting down the government, fine. certainly that's not the way it went, and i'm very much of the mind-set that trump doesn't move

individual votes here on capitol hill. in terms of political cover, gaetz had that going for him as well. >> so brendan, both boehner and ryan in their time during different circumstances had similar threats on their jobs. how do you see what's going on today in the speaker's office? >> it's been an evolution, and mccarthy certainly faces a much more acute threat than either of his republican predecessors for sure. i do think that mccarthy is going to be able to survive whatever matt gaetz is planning, and probably the biggest reason for that is the conference overwhelmingly does not like matt gaetz, and as ali said, it's personal. and relationships matter. but what kevin mccarthy actually did really successfully in this shutdown saga is isolate matt gaetz and some of those members who were blocking republican bills from coming to the floor. gaetz was running the play where he was setting a standard for kevin mccarthy that mccarthy

could never meet. you can't fund the government without democrats. the president's a democrat, the senate is run by democrats. the rest of the conference has sort of gotten onto matt gaetz's play here. they see what he's up to. they understand all of this is personal about trying to go after mccarthy, and they don't like it. i don't doubt that there are enough votes where mccarthy is going to need democrats. but the anchor is not with mccarthy in the conference right now. the anger is with matt gaetz. there will be enough democrats that will be there to save him. i think that's great for the institution of the house. if i think we remove this threat that did hang over the previous two speakers, the house will be able to govern much more effectively. we can stop this whole charade that at any moment the speaker can be removed, i think democrats and republicans will find the house will be in a better place if they team up together. >> how would that happen? eliminate the motion to vacate? how would that actually in practice happen?

>> overwhelmingly republicans are going to vote to defeat this. then democrats have to make a decision. are they going to stay with matt gaetz and those folks and actively vote to remove the speaker. i don't think they will. if house democrats and house republicans come together and overwhelmingly dispose of this, however they want to do it, vote it down, vote present, there's a number of ways they can go about it. but if they overwhelmingly vote this down and basically say this is not actually a threat anymore. this is not something that people need to be afraid of, i think that we'd be able to move on to a much healthier place, and it's very much in the hands of democrats to do that. >> ali, how do you see that going forward? there is the issue of optics. both sides would be seen as doing something that is not what they normally do. >> look, i asked a front line democrat about this two weeks ago when it felt like this was going to be the conclusion of

whatever the shutdown saga ended with. now we're here in a non-shutdown posture, but what one of these front liners said on the democratic side, at home in their district, this might play well, but the conversation that needs to be had is not just necessarily with individual democratic moderate members but instead with democratic leaders as well. this is politics, you don't get something for nothing. there would need to be concessions that are made from the republican side, specifically from mccarthy, in order to get democrats on board. whether or not that means rework ago rules package. those conversations have not yet happened. it's premature for us to think that mccarthy is starting to look left on this again. i think brendan is right in terms of where the ire is within the republican conference. a lot of the members i've spoken to are angry at matt gaetz and others who have held this process up at each turn, tanking rules or tanking funding bills. that frustration is real, but i

think that's the same frustration that we heard during the speakership battle, which is that mccarthy had 90 plus percent of the conference behind him them too. he needed 218. right now we're about to get back into that same posture. just because it's a few stragglers and people are mad at them, doesn't mean they can't do what they can do. this morning we have a new statement from laphonza butler who was appointed to fill diann feinstein's seat. she said in astatement, i am humbled by t governor's trust. sena dianne feinstein's leadernd legacy are immeasurable. i will do my best to hon her by devoting my time and energy to serving the people of california and the people of this great nation. with us now to talk more about this and more is nevada congressman, steven horsford, chair of the congressional black caucus. always a pleasure to see you. i thank you for your time.

so you and the congressional black caucus pushed for governor newsom to choose congresswoman barbara lee to fill feinstein's seat. what do you make of the governor's decision? >> well, good morning, jose. thank you for having me on. today's a great day. we are celebrating the appointment of senator dz laphonza butler. as a black woman, she is going to provide a very important voice in the united states senate. today there is not one black woman representing us in the united states senate, as a woman of color who is lesbian, she is going to provide an important representation, particularly when the rights of women and the lgbtq+ community are being under attack. she's a champion for women, for students, and for union members, and i look forward to welcoming

her into the congressional black caucus. >> and congressman, you know, all this comes after a dramatic weekend on capitol hill. boy, you know, congress passing a last minute bill to keep the government open for 45 days. what do you see you and your colleagues' responsibility or even possibility of making sure that this countdown to hell doesn't occur next month again? >> you're absolutely right, jose. look, it was leader jeffries once again who saved the american people. kevin mccarthy has already vacated the gavel. he's vacated it to leader hakeem jeffries who continues to deliver the votes time and again. last -- this saturday it was on the budget to make sure that the votes were there to avert a government shutdown. earlier in the year it was around the fiscal debt crisis

where he had to deliver the votes to avoid wrecking our economy. leader jeffries and democrats in congress are focused on delivering for the american people while kevin mccarthy is conceing the gavel to the most extreme factions of his caucus. so we'll continue doing our job because that's what we were elected to do. >> and congressman, if there is a challenge to this motion to vacate mccarthy's speakership, democrats would very well need to vote on it. you'll have to vote on it one way or another. he may need democratic support to keep his job. how do you feel about that? >> well, i support leader jeffries. i voted for him 15 times for speaker, and i'm prepared to vote for him again. what we're going to do is work in a bipartisan way with all due respect, the american people are not focused on kevin mccarthy and whether or not he keeps his

job. they're more focused on whether or not they can keep their job, and on behalf of the constituents in nevada that i represent, my job is to make sure their jobs are secure, not kevin mccarthy's. >> and congressman, just your thoughts on the humanitarian crisis that really is the epicenter is the border, but it's really a situation that has impacted the entire nation, certainly nevada is seeing this. what do you see as the -- how should we be dealing with the reality of hundreds of thousands of people who are coming to the united states to request asylum? >> well, jose, as you may know. i'm the son of an immigrant. my mother came to the united states when she was 12 years old. i understand the goals and the aspirations that people have about pursuing the american dream. i also understand the importance of protecting our asylum and

refugee programs. unfortunately, our immigration system and the asylum programs are broken. that's why we need to stop these gainsmanship and actually come together to solve problems. i was proud to be one of the original sponsors of the comprehensive immigration reform bill. i believe that if we work together and put the american people and those who are seeking asylum first, we can find a balanced approach to both secure our borders while also providing a pathway to those who are seeking it. >> you know, and to think that there hasn't been comprehensive immigration reform in our country since 1986 when reagan was president, boy, it just seems like there's a lot of talk and not a lot of action on this issue. congressman, i thank you. i'm sorry, sir. >> i was just going to say, and it's families who are in the middle. it's families and children who are in the middle of that situation. that's what i think we have to keep at our forefront, and so i

agree it's long past time for congress to do its job, work in a bipartisan way, and secure and protect our borders while at the same time providing pathways for those who seek it. thank you for having me on today. >> thank you for shining a light on what is really important. i appreciate your time, sir, come back soon. we continue to monitor a new york city crime where donald trump is on trial in the civil fraud case against him. plus, why supreme court justice clarence thomas just recused himself from a case as the new term just begins. you're watching "josé diaz-balart reports" on msnbc. ée diaz-balart reports" on msnbc. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire

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. 34 past the hour, the supreme court's new term has now begun as the court faces arguments in a series of cases from gun rights to social media. the new term begins as a recent gala poll found that just 41% of people in the u.s. approve of the court's job performance. that's a near record low. joining us now, nbc's senior legal correspondent laura jarrett. great seeing you. what are the big cases that the court will be facing this term? >> hey, jose, the two big ones to watch there as you mentioned, social media regulation as the justices are going to be evaluating a pair of cases out of florida and texas as conservatives have tried to regulate how social media companies decide who should be

on their platforms and not. that is certainly one to watch as the tech companies are pushing back in a big way, saying, hey, this violates our first amendment rights. as for the gun case, that's an interesting one having to do with those who are under restraining orders for domestic violence and whether they should be allowed to have firearms. it's an interesting case to watch particularly in relation to one of the statutes that the president's son, hunter biden has been charged with. so how the justices decide this one about domestic violence could have implications for what happens in hunter biden's case as well. and then finally the biggest case to watch, jose, is one that hasn't actually been granted get. it has to do with the fate of mifepristone, that abortion pill, the justices are set to decide that case. it hasn't been officially listed on the docket yet, but we expect it will soon. and finally, i should mention, jose, an orders list came out just a short time ago listing which cases the justices are not going to take up this term. one of them has to do with john

eastman, someone who has been charged alongside former president trump in that georgia election interference case. he wanted to make sure the january 6th committee didn't get their hands on his emails. they did, but he was still fighting it, took it all the way up to the supreme court. the supreme court decided today they're not going to hear that case. what was interesting is justice thomas actually recused himself from making any deciding vote in that case. it's interesting because justice thomas has been under some scrutiny for his own ethical issues. he has not recused himself in past january 6th cases. eastman is one of his clerks. no telling about why he decided to set aside that case and recuse but it's an interesting note there. >> the decision was to not even deal with that case, but thomas was not part of that decision. >> exactly. that's exactly right. it's typical to not know why they decide to recuse in a given case. >> the court has been facing a wave of scandals regarding ethics of its own justices. what -- is there any indication

that they could be dealing with this at all? >> it's really not on the docket this term, jose. i know that seems baffling for folks at home. really the court is left to police itself. we'll wait to see whether john roberts can get the rest of the justices on for some ethics guidelines that they will decide to follow like other federal judges do. as for right now, no real clear signs that they have a path forward on that, jose. >> laura jarrett, it's great seeing you. fantastic seeing you on the weekends as well, so thank you. >> thank you so much, appreciate it. up next, we're going to go back to new york city to the courthouse where opening statements in former president donald trump's civil fraud trial are underway. what we're hearing from trump's legal team coming up. you're watching "josé diaz-balart reports" on msnbc. diaz-balart reports" on msnbc.

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42 past the hour, turning to breaking news out of new york city with these pictures coming in right now. you can you can see that the camera is moving around. there's been apparently a break right now in the courtroom. right now former president trump has just left that courtroom for the first break in a $250 million civil fraud trial where he's accused of lying about his net worth for years. right outside that courthouse is nbc's vaughn hillyard. what's the very latest in there? >> reporter: right, this is a ten-minute break here, it would suggest that the defense's opening statements have concluded. there is a two-hour allotment of

time that was allowed for this opening statement, but they were there for about 20 minutes. this is donald trump's lead attorney, chris kise here who presented after the lead prosecutor for the new york attorney general's office. on the bench there was not only donald trump but also among those who were in attendance was new york attorney general tish james who is not the one who is actually prosecuting this case in front of the judge here, but what we heard from the defense was so far from chris kise, donald trump's attorney was the suggestion that no false statements were ever made by donald trump or others who are defendants in this case, and that in no way were the -- either the banks or the creditors or the lenders, did they ever have any financial losses because of the inflation of the valuation of his assets. there's also a debate that is already underway about whether objective valuations, the extent to which one can determine

whether the value of properties, for instance, are actually a certain number or not. this is going to be potentially a three-month long trial lasting all the way to december 22nd here. we could expect to see even the first witness come to the stand in this trial today. this would be the individual who is first up on the new york attorney general's witness list is donald trump's former personal accountant who has previously testified related to a tangential case in federal court in the southern district of new york in which he questioned the losses being reported on donald trump's own personal tax returns, questioning the configurations of donald trump's finances. he would be the first up, but again, we're looking at witnesses at least 25 of them, that include don jr., eric, and ivanka trump as well as his former personal attorney, michael cohen whose own testimony, letitia james, the

attorney general has credited for leading to the beginning of this investigation back in march of 2019. we also expect allen weisselberg, the former chief financial officer to take the stand. donald trump was inside the courtroom today. he did not have to be there, but chose on his own accord to be here. we do not expect him to be here every day over the course of the next three months. this is a trial that will go before the judge, monday through thursdays throughout the course of business days. there is a lot at stake here for donald trump as his own company, the trump organization and his children could potentially have the -- their century old family business come to an end, if, in fact, the business certifications are stripped and revoked from them, and they are forced to close down business here in the state of new york. >> and vaughn, so this is strictly limited to the state of new york, but no doubt as you say, that's the, you know,

century old empire that the trumps have created, mostly in new york state. >> exactly. this is where his business entities have been operated out of, out of trump tower here, and that is where even if there is not a $250 million financial penalty leveed against the trump o organization which is what the new york attorney general's office is seeking, the dissolution of the trump properties and the taking businesses out of the trump family name would in itself be a crippling of the business that the trump family has built up. of course michael cohen has been very vocal in his public statements but also his own testimony up on capitol hill in washington, d.c., and then as part of his sit-down meetings with the new york attorney general's office that he was

part of a scheme to increase the valuation of the properties, in order to gain more favorable loan agreements. if you take just even the d.c. trump hotel that was purchased just over ten years ago by the trump family, they were able to see -- receive a favorable agreement and were able to purchase the trump hotel property for $175 million and as the new york attorney general in this lawsuit suggests, that allowed them after he left the white house to sell it for $375 million making a $200 million profit off of it. there were more than 200 instances laid out in this lawsuit in which the attorney general lays out that trump and his family and those including allen weisselberg were part of a scheme to defraud the banks and insurers of money based off of false inflation of the valuation of these properties and other assets. >> vaughn hillyard, thank you so

very much. really appreciate it. of course we will continue to monitor this trial in new york city. up next, we're going to speak about the humanitarian crisis of people seeking a better life in the united states. we'll hear from former interim president of venezuela, juan gaido, who is now living in exile in the united states. you're watching "josé diaz-balart reports" on msnbc. p. on the subway app. buy one footlong, get one 50% off in the subway app today. now that's a deal worth celebrating. man, what are you doing?! get it before it's gone on the subway app. ♪♪ do you struggle with occasional nerve aches get it before it's gone on the subway app. 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.

51 past the hour. turning now to the southern border where migrants are facing incredible dangers on their journey tuesday the united states. just yesterday ten cuban migrants were killed, 17 others injured in a truck accident in mexico along the common route taken to the border. as migrant crossings continue climbing to historic levels, i sat down with an exclusive conversation with the former interim president of venezuela. he was set to speak on venezuela's political crisis. well, now, he lives in exile here in the united states. why is it that in the last couple of years we have seen millions of venezuelans leave their country and come to the united states? >> translator: the main factor in the case of venezuela is persecution. it's hunger. it's the lack of opportunities which are the result of the

hardships imposed by nicolas maduro, principally, on fundamental rights. he's seized companies, closed communication outlets, forced entrepreneurs to close their businesses, and because of that there's a lack of opportunity. the lack of rights, the violation of human rights, the torture are the principal reasons they are forced to cross. they risk the lives and the lives of their children to look for foreign opportunities. look, the policy towards venezuela is bipartisan, it's the correct one. it's to look for democracy in a country that generates stability, generates trust in a community, generates progress and that could definitely stop the flow of migrants yum venezuela. >> venezuela has a population of almost 29 million people. the united nations says more

than 7.7 million venezuelans have fled. that's nearly 30% of the entire population of the country. and i'm thinking in cuba 11 million people, 2.7 million people have left, roughly a quarter of that population. what's the common thread here of why these people are leaving? >> translator: hunger, necessity, fear, jose. fear that tomorrow morning you can't feed your child, that you can't have a job or that you'll be put in jail for what you say. approximately 25% of the population in cuba and venezuela have left their countries. and pay attention to nicaragua which is also in a similar situation. the common element is dictatorship, the absence of fundamental rights, the alliance with russia. let's not forget the cuban residents in venezuela. the best thing we can do for

venezuela is back the democratic process and create change in the region. i want to return to my country. i'm here because of persecution not because of a sanction. to the contrary, a sanction helps us and gives us tools to hold human rights violators responsible. and this is one of the policies in the united states. not from one party to another. and it's the right policy to stabilize the coptinant, to prevent foreign powers from meddling in the issues of the hemisphere. we have to re-claim democracy. >> thank you for being with us. appreciate it. when we come back, we're of course monitoring the ongoing civil fraud trial of donald trump in new york. but also next another round of negotiations gets under way today in an effort to put striking actors back to work. the latest next. you're watching jose diaz-balart reports on msnbc. diaz-balart reports on msnbc the first inkling that something was wrong

was i started to notice that i couldn't do things without losing my breath. i couldn't make it through the airport, and every like 20 or 30 yards i had to sit down and get my breath. every physical exertion seemed to exhaust me. and finally, i went to the hospital where i was diagnosed with afib. when i first noticed symptoms, which kept coming and going, i should have gone to the doctor and told them what was happening. instead, i tried to let it pass. if you experience irregular heartbeat, heart racing, chest pain, shortness of breath, fatigue, or light-headedness, you should talk to your doctor. afib increases the risk of stroke about 5 times i want my experience to help others understand the symptoms of atrial fibrillation. when it comes to your health, this is no time to wait.

57 past the hour. turning now to the latest on the hollywood strikes. today negotiations are set to resume between top industry studios and the union representing thousands of actors in an effort to end the months long strike that halted the entertainment industry. joining us now with more is csn's dominic chuow. >> it all depends how you look at it and perspectives from both sides of the table. that's because from a formal perspective there's actually been no talks between actors and hollywood producers since the strike began all the way back to july 14th. that's 2 1/2 months with some negotiating salvos fired but nothing formalized. there are things we have an idea about with regard to things the screen actors guild and american federation of tv and radio artists, sag-aftra, wants based upon statements from union leadership and actors on the picket lines themselves.

they involve things like actor compensation, also things like royalties, residuals and the age of streaming video and content. there's also the protections in the future against things like the use of artificial intelligence to computer generate content, in this case it's the actual image and likeness of people seen on-screen that actually aren't real people being filmed. of course there will likely be some conversations around better health and retirement benefits kind of like what we just saw with the hollywood writers. but what also is in the conversation around current auto workers union representatives, trying to get their deal done with the big three auto makers in detroit. now, there is some incremental optimism a deal can get done in relatively short order, jose, because the writer's deal is seen as a template for the actors to work around. but it's still very early in the process. they're going to meet today and we'll see what happens in the

coming hours. dominic chu, thank you very much. and breaking news from washington where nbc news has learned florida congressman matt naets is expected to speak in the next hour. his remarks come one day after he promised to seek a motion to remove kevin mccarthy as speaker this week. that wraps up the hour for me. i'm jose diaz-balart. you can always reach me on social media @jdbu lart. thank you for your time. andrea mitchell reports picks up right now. right now on "andrea mitchell reports" trump on trial. >> this is what we have, it's a scam, it's a cham. >> the former president in court this hour in new york on a multi-million dollar civil fraud case that has business empire on the line. the new york attorney general may call him as a witness. >> my message is simple. no matter how powerful you are, no matter how much money you think you