8 00 a. M. Pacific, im jose diazbalart. The House Oversight committee is holding the first hearing of the Impeachment Inquiry into President Biden. The Committee Says this hearing is focused on the basis for that inquiry. House republicans are presenting evidence they say they have uncovered about the president s knowledge of and role in his familys domestic and International Business practices. The white house has rejected assertion that biden abused his office to enrich his family. With us now to talk more about this, nbc news capitol hill correspondent ali vitali, nbc News White House correspondent mike memoli and paul butler, former federal prosecutor who is now a professor at the Georgetown University law school. He is an msnbc legal analyst. Ali, bring us up to speed of whats been happening so far. Reporter look, this is the first hour, jose, of a very lengthy day on capitol hill, the first Impeachment Inquiry hearing were seeing republicans launch who have got all three Committee Chairman in the room from oversight, Ways And Means and judiciary. All of these committees have been doing their own investigations into various aspects of the claims that theyre trying to present today. But this is the first under the official banner of the inquiry that was blessed by Speaker Mccarthy just a few weeks ago. I think what is going to be important for us to remember and we have been pointing this out as we have gone along, unlike the january 6th committee hearings, which, of course, were the last ones that our audience probably tuned into, in high supply, this is not going to be a consistently presented narrative because you have minority members from the democratic side like jamie raskin continuously seeking to fact check in real time and disrupt the narrative process that some republicans are attempting to provide here. But whats interesting is that in the Opening Statements from these witnesses, you got most of the witnesses who are here today presented by republicans, one from the democratic minority side, but one of their goto legal analysts, jonathan turley, from the republican side, had this to say about the inquiry writ large. Watch. That the Current Evidence would support articles of impeachment, that is something that an inquiry has to establish. But i also do believe that the house has passed the threshold for an Impeachment Inquiry into the conduct of President Biden. So, it is important what turley is saying here. The idea that he supports the inquiry, the exercise of fact finding here, but that the evidence that he sees so far does not support anything to the extent of an actual impeachment. And, again, this is the republican or one of the republican witnesses that have been called here. I think it is a reminder again, for us, that this is only an inquiry, this is not a full impeachment and as much as this is a presentation for the American Public, as people like Chairman Comer have said, this is also an attempt to convince reluctant republicans who are not yet there on fully voting for a full impeachment, instead this is meant to present them the evidence that they would need. I do think, again, when mccarthy blessed this endeavor, the way that he put it was that his Committee Chairman have uncovered allegations and thats really important because allegations are not evidence. Today theyll try to do their first really opening salvo in presenting what theyre calling the evidence here, but, again, it is important, there is no smoking gun that we have yet seen and it is why in many cases when i and other reporters here ask republicans to detail what the Impeachment Charge would be, what the direct linking evidence would be, they dont necessarily have that Talking Point because it doesnt exist. And it started about, what, an hour or so ago . This came to order. Ali, how long is this expected, you say it is going to be a long day, how long is this expected to go on . Reporter hours. And thats because if you look at where we are right now, im just going to check my little screen, youre seeing Chairman Comer there again beginning, i believe his questioning because they just got through all of the Opening Statements from witnesses. But this is a Large Committee and youve also got key chairman from other committees waving in or effectively tagging in to do their own investigations during this hearing. And so youve already got dozens of lawmakers on that dais. Several republicans, of course, who have been pushing for this Impeachment Inquiry. When you look at people who were going to hear from today, you have jim jordan and james comer, but also firebrands like Marjorie Taylor greene, lauren boebert, all of them in the room, and then on the democratic side, key members of past impeachments, chairman jamie raskin or Ranking Member jamie raskin here leading the charge for democrats, but youve also got people like Congressman Dan Goldman who, of course, was on the democratic side before being elected during one of the last impeachment inquiries. He certainly is someone who were going to be listening closely to. Many of these members on the democratic side attempting to not fall into the trap of defending hunter biden, but also consistently reminding that there is no direct evidence at this point that ties President Joe Biden to the allegations that republicans are talking about, and i know that in the last hour, one of the things we were discussing was the idea of this being centrally focused on hunter and other members of the biden family. I have to tell you, ive spoken to democratic congressmen, even just before they went into this room, and the point that one of them made to me was that to the extent that there is evidence about hunter, thats being dealt with through the Department Of Justice right now. But this is centrally focused on President Biden, and that evidence is lacking, even in the words some of the republicans witnesses right now. The so, mike, how is the white house looking at this today . Reporter well, jose, in advance of todays hearing we heard the white house really dismissed the entire exercise republicans are engaged on capitol hill calling these Conspiracy Theory attacks from republicans. Ali is right to say that for the purposes of todays hour by hour coverage, we are expecting to see the white house lean on those House Democrats in the room to be rebutting and Fact Checking the republican counterparts in real time. It is interesting from the white house so far, ive received two statements responding to this hearing, both identical except for the beginning in which they count to the minute how many minutes are left until we potentially could see a Government Shutdown. This white house spokesperson noting how much time is left until the shutdown and calling this Hearing A Distraction from republicans efforts, what they should be engaged in, trying to avert that shutdown. Now, we are, of course, going to be seeing and hearing from the president later today. This is a speech that has been long in the works. It is not tied, of course, the timing to this inquiry, but it does serve in some ways as an effective counterpoint to what were seeing there. The president going to be focusing as he says on what has been the core mission of his presidency, to defend, to protect, to preserve democracy and hes going to be calling out what he says is an Extremist Maga Ideology that would potentially undermine the democracy itself. Ill read from some of the excerpts we received from the white house about it. The president noting that not all republicans adhere to this maga ideology, but that it is driving the Republican Party and he said that extreme agenda, if carried out, would fundamentally alter the institutions of american democracy as we know it. This is going to be a pillar speech for President Biden, taking place out west in arizona, far from these goings on in washington, but it will really highlight what the white house has been concerned about. And what they see going on here, which is republicans using the levers of government in an effort to play politics here, where they say there is no legal basis for what is under way. And im just wondering, paul, when were talking about no legal base, one way or another, how much legal weight does this proceeding hold . So this isnt the hearing that will decide articles of impeachment. This is essentially an investigatory proceeding that leads up to that. And, jose, the republicans are attacking the president on two grounds, first that biden used his influence as Vice President to help hunter make money, and second, that the president pressured the Justice Department to give Hunter A Sweat Deal in his criminal case. The problem is that neither of those has any basis in the facts of this case or the law. The republicans have offered no evidence at all of any wrongdoing by joe biden. This shouldnt be about hunter biden, but it probably will be. And they certainly havent offered any evidence of when biden was Vice President , that he did anything at all that supported his son and his Business Dealings. Regarding the plea deal, hunter almost certainly got a worse deal from prosecutors and thats almost certainly because he was or is the president s son. And that deal fell through. Ali vitali, mike memoli, paul butler, thank you so much for being with us this morning. Also on capitol hill, the u. S. Still barreling toward a federal Government Shutdown. As lawmakers struggle to reach a deal on a spending bill. Despite all the pressures, Speaker Mccarthy had an optimistic tone just this morning. I know sundays football day, if people have this type of attitude, they quit in the third quarter. One thing i hope you realize about me is i never give up. And you know what, if we have to play into overtime to get it right, i will do just that. Joining us now with more is sahel kapur. Good morning. What do the next 48 hours look like on capitol hill . That sounds more like a tactical optimism for Speaker Mccarthy than anything reflecting the dynamic on capitol hill, which is bleak at the moment, where a shutdown is concerned. The two chambers moving on opt sit tracks, moving in different directions, i should say, with two days to go before the deadline. The senate is later this hour continuing to vote on a bipartisan bill that keeps the government open through november 17th, and it includes some additional assistance to ukraine and Disaster Relief funding. Theyre hoping to wrap that up quickly, but if they have to go through all the procedural motions, it could take until sunday or monday after the deadline just to pass the senate bill. And in the house, the situation is not looking good either. Mccarthy is passing republican only Appropriation Bills on a Party Line Vote that reflects his partys priorities on spending cuts and various conservative policies that have no chance of becoming law, and meanwhile, you have President Biden who is now getting more involved here, trying to put the heat on House Republicans. Lets show a tweet that the president put out this morning. He talked about a deal that he reached with Speaker Mccarthy earlier on this year. That was a twoyear budget deal. And he accuses republicans of reneging on it. Says there is a group of extreme House Republicans who would rather shut down the government than live up to the deal. He is talking about the fact that mccarthys Appropriation Bills spend less than that deal. Which is one of the reasons the two chambers are at loggerheads. They havent begun negotiations to try to resolve this. Mccarthy does want to pass a shortterm funding bill to keep the government open. Hes argued privately and publicly, i should say, against a shutdown. But he doesnt have the votes in his conference to pass a shortterm bill of any kind. Even if they load it up with conservative provisions that wont pass the senate and some antagonists are saying if he passes a bill with democratic support, which might be inevitable, they will call a motion to overthrow him as speaker of the house. It is a very challenging situation here for Speaker Mccarthy, highly unclear he gets out of it, less clear he can get out of it before the saturday midnight deadline. It looks like his hardliners have to touch the stove, have a shutdown, see how painful it is before we can figure out what is next. Sahil kapur on capitol hill, thank you very much. Up next, sparks fly at the second republican debate, where, well, candidates went at, sometimes you couldnt even hear what they were saying. Well talk about that. Plus, what did the judge in Donald Trumps federal Election Interference Case says she refuses to do. Election interference case says she refuses dtoo. [sneeze] dude you coming . Alkaseltzer plus powermax gels cold flu relief with more concentrated power because the only thing dripping should be your style. Plop plop fizz Fizz Winter Warriors with alkaseltzer plus. 13 past hour. This morning were looking at the state of the republican president ial race after seven of the candidates took to the debate for a second time last night. Without the frontrunner, former President Donald Trump on the stage. Several of the candidates took aim at each other instead. Nikki haley set her sights on ramaswamy and one notable exchange. I honestly every time i hear you, i feel a little bit dumber for what you say because i cant believe that we have a tiktok situation. We cant trust you. We cant have tiktok i think we would be better served as a Republican Party if were not sitting here hurling personal insults and actually having a legitimate debate about policy. So instead of going to that debate, trump delivered a speech to autoworkers in michigan amid the ongoing strike after President Biden joined them on the picket line on tuesday. Joining us now is nbcs maura barrett. Maura, do any of these campaigns feel they made a dent in trumps lead . Reporter well, jose, the reality of that question is it would be very hard to bridge that gap, that threepoint plus lead that former President Trump has in the polls right now. Last night was very much a competition between the remaining candidates trying to edge each other out. And we did see, like you mentioned, a lot of talking over each other, a lot of interruptions, to try to make sure each candidate could get their standout moment. There was a battle of who really stood out. There was a few key moments between nikki haley you saw there, Vivek Ramaswamy and South Carolina senator tim scott, who was more outspoken this debate than we saw last time. In talking to the campaigns yesterday around the debate, the key thing they were all focusing on is because they had this moment on the campaign stage, this was really an opportunity for voters to get to know them, to get their name i. D. Out there. Even though they have been full speed ahead on the campaign trail this summer, voters are still very much getting to know these candidates, especially under the shadow of the former president. I waited to hear from some voters who watched the debate last night. Take a listen to their thoughts. Do you feel like one person made a name for yeah. Tell me about nikki haley. I like her excitement. Shes straightforward. Shell come, shell tell it exactly like it is. I felt that way with trump and now i feel that way with nikki. I would vote for donald trump if hes the candidate. In a primary, i would vote for desantis. I still support the same candidate i came in supporting, which was Vivek Ramaswamy. He feels like somebody who is going to work for change in this country and would work with other people, not just himself, thats the direction our country and our party needs to go. Reporter looking forward past this debate, in between before they go to the next one in november, candidates are going to be trying to capitalize on the moment they had on stage. We saw nikki haley come out with a full offense, having the most attacks against other candidates on stage, while Vivek Ramaswamy was on the most of the Receiving End again. So we do know that nikki haley, Vivek Ramaswamy, getting out into the early states this weekend, ron desantis having a Campaign Event here in california tomorrow. Tim scott might face some challenges on that front in terms of continuing to connect with voters in the immediate aftermath of the debate because hes likely headed back to capitol hill to deal with that looming Government Shutdown. All that to say theyre coming up against this fundraising deadline, so that is something that the debate could have helped push donor support towards. But in terms of when voters get to see candidates next, they have until the next debate on november 8th and this is a qualifying threshold and it might be harder for all seven candidates to make the stage again. Maura barrett in los angeles, thank you very much. Joining us now is tara setmoyer, Senior Adviser to the lincoln project. And julian castro, former secretary of housing and Ushing Development and 2020 president ial candidate. Also an msnbc political analyst. Tara, who were, according to you, the winners and the losers from last nights debate . Well, after that disastrous display, it is hard to see how anyone on that stage is considered a winner. Ill tell you who was the Big Oft Winner was joe biden. President bidens Reelection Campaign can take a look at that and say were in a pretty good position to explain to the American People why President Biden should be reelected. The questions that were asked of those candidates on the stage for the republicans really werent questions that the American People care about when picking a president ial candidate. Because donald trump is going to be the nominee, none of those people on that stage was an exercise in futility. Unlike anyone on that stage, or donald trump, joe biden never ordered an insurrection, violent insurrection. Joe biden is out here campaigning for the American Workers and for blue collar workers, not swindling them like donald trump. Joe biden is the one who is speaking about the importance of protecting our democracy, not trying to undermine it like donald trump and the rest of the people who are on that stage who seem to be perfectly fine with the potential convicted felon being the nominee. So, these types of contrasts really need to be seen and emphasized so that the American People understand what is at stake. And i give it just a quick suggestion to my democratic friends, stop focusing on joe bidens age when you have this group of clowns that are running for the presidency that are unserious, just like donald trump, when you have someone like joe biden who had a successful presidency, and who understands what is at stake, there needs to be secure and messaging here, unified messaging by the democrats pointing that out. If they need any inspiration, just look at what happened on that stage last night. Julian, i wonder because, for example, polling shows immigration and Border Security are top issue for voters across the board. Here is some of what we heard about the humanitarian crisis along the border last night. Joe biden should not be on the picket line, he should be on the southern border working to close our southern border. We need to make sure we put 25,000 more Border Patrol and i. C. E. Agents on the ground and let them do their job. Instead of catch and release, lets go to catch and deport. Ill use the u. S. Military to go after the mexican drug cartels. Clearly this is an issue that on a daily basis is getting more focused, i guess, on the minds of voters. What is your reaction to how the candidates adress this issue . Le with, you know what is fascinating is because you had partnership this debate with fox and univision and asking these very good and specific questions on immigration, but what she got back was Talking Points, no solutions and birth right citizenship, militarize the border, these kinds of things that these candidates think is going to play very well with the base, but actually make them more vulnerable in a general election. So, it was all of the usual things that you expect to hear. Partly for that reason, and for other issues they addressed healthcare, the economy, none of these folks stood out and none of them have the charisma or the sway with that base for general election voters that donald trump can have. And so i thought it was a loss for all of the candidates there. If i had to say that there was somebody that maybe came out ahead, it was nikki haley. But it was a wash, i think, for these candidates last night. And, julian, just i think some of the most pointed comments directed at trump were from former new jersey governor Chris Christie. He did say specifically, you know, a few things directly at donald trump and yet he seems to be not gaining any traction with the at least primary voters in the Republican Party. Well, look, i mean, he has a very specific approach. He thinks that perhaps he can pick off a state like New Hampshire by directly going after trump. He parlayed this last question from dana perino, which i thought was an awful question about which who would you vote off the island, she wanted folks to write down which of the other people would get voted off that debate stage. Thats a dumb question. And they pushed back. But then at the very end, christie parlayed that into his full throated antitrump argument and for those republicans that still, you know, are antitrumpers and are going to vote in the primary, i thought he did a good job with that. At the end of the day, the president ial race is not a national contest, like a lot of people pointed out. It is a state by state contest. Iowa goes on january 15th and New Hampshire right after that. For Chris Christie, perhaps if he can start eeking out more and more support in the state like New Hampshire where the polls have showed he has a little bit of life, then he may have done himself some good last night. And, tara, im wondering because it is a state by state run, not a national run, at least not until after, right, what are some of the issues that you think were not sufficiently explained or even mentioned that will make a difference in this early state by State Competition . Yeah, you know, it is interesting to see that, like, candidates like desantis and christie are banking on these early state, one state strategies. It has not worked in the past for other candidates. I dont know why they think it is going to work this time around. But even in New Hampshire, Chris Christie is losing now. Nikki haley has emerged as the second place candidate there in New Hampshire. So, it is not working for him now. Hes trying, but hes not gaining traction because he has a very low ceiling and thats evidenced by the what the republican primary voters demonstrated they want. Some of the issues that should have been brought up, youre running against donald trump right now. Theyre in a primary, not in a general. And the fact that donald trump can go and threaten execution of a former Joint Chiefs Of Staff of general milley and have no question asked about that, are you okay with this, are you okay with the presumptive nominee of your party calling for Treason Charges against a former general, are you okay with him going after Media Organizations and shutting down the First Amendment rights of Media Organizations . They need to ask these folks these types of questions because democracy is what is on the ballot here. And no one is willing to do that. I think that voters need to understand that these Policy Issues are moot if we dont have a democracy. Plain and simple. Tara and julian, thank you for being with us this morning. Soon, senator bob menendez is set to address his democratic colleagues in a closed door lunch, just one day after he pleaded not guilty to federal charges. Well talk about that next. Youre watching jose diazbalart reports on msnbc. Ht youre watching jose diazbalart reports on msnbc. If you want to lower stroke risk from afib not caused by a heart valve problem, theres a better treatment than warfarin. Eliquis. Eliquis reduces stroke risk and has less major bleeding. Dont Stop Taking Eliquis without talking to your doctor as this may increase your risk of stroke. Eliquis can cause serious and in rare cases fatal bleeding. Dont take eliquis if you have an Artificial Heart Valve or abnormal bleeding. While taking, you may bruise more easily. Or take longer for bleeding to stop. 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Look, ive known Senator Menendez a very long time and it was truly, truly upsetting. But we all know that senators, for senators, there is a much, much higher standard and clearly when you read the indictment Senator Menendez fell way, way below that standard. Nbcs Julie Tsirkin joins us from capitol hill. Great seeing you. This is bound to be a little awkward today. Reporter sure is, jose. Look, i talked to senators, the Number Two Senate democrat dick durbin who called on him to resign already and he told me there is so much that menendez could touch on in terms of these charges, in terms of this indictment and this would really be the first time that menendez is addressing his colleagues since the indictment came down. I did talk to a number of senators today, though, who told me they arent sure there is anything that menendez could say that would sway them and change their mind on this. Take a listen to that and well talk about it on the other side. What are you hoping from Senator Menendez today at lunch . Senator menendez has asked to speak to a caucus and so he can say whatever it is he wants to say. Reporter is there anything that he could say that would change your mind . These are very serious charges and i believe that he should step away from the senate. These criminal charges are pending. I would be very interested in how he deals with that. Im a lawyer by training, so if he was my client, i would have different advice for him. Reporter do you think given the situation Senator Menendez should still have access to classified information . Thats something that i will express myself today. Reporter senator ben cardin at the end. Hes going to replace menendez at least temporarily on the powerful Foreign Relations committee while all of his legal battles play out. You heard from schumer there, Majority Leader Schumer at the beginning, i followed up with him yesterday, if Senator Menendez should resign, hell leave his comments where they are. A couple of minutes ago across the chamber, i also asked leader hakeem jeffries, from new york, in charge of democrats on the house side, he stopped short of calling on menendez to resign. He actually told me in part, quote, it is hard for me to see how the senator can effectively at this moment represent the people hes ably served for decades in new jersey, and i also got to tell you, senator fetterman already hitting on twitter saying it is impossible to see what menendez could possibly tell them at lunch that could sway any of their minds. You see that statement on your screen there. So far, menendez, of course, defiant and im told taking part in a hearing right now. Julie tsirkin on capitol hill, thank you very much. Were keeping a close eye on the House Oversight committee, which is holding the first hearing of its Impeachment Inquiry into President Biden. With us now, california congressman robert garcia, who sits on the Oversight Committee and is a member of the biden campaigns National Advisory board. Always a pleasure to see you. Im just thinking, what are your expectations for this hearing . Well, look, the hearing obviously already started. It is a complete sham. House republicans of course are doing this all because they want to get donald trump reelected. And what has happened, key thing already, their star witness, the republican star witness, jonathan turley, actually said under oath that there is no evidence to actually impeach President Biden. So the fact that their star witness has turned on their entire argument, shows you how much of a joke this is, how political it is. They have no evidence up to this day, there has been zero, none, no evidence linking President Biden to any sort of Business Dealings with hunter, which is what this is all about, really unfortunate that were two days away from a shutdown that will impact the entire country and were wasting this time on this inquiry in this committee. Turley said he sees no evidence that would prompt that should prompt an impeachment, but did say that this inquiry was, in fact he supported that. Right. He also, i think, it is important to note that Chairman Comer said hes ready to impeach President Biden today. He said that on the record. And yet their star witness is saying there is no evidence of that. That goes to show you the difference between what is going on here. Were focussed on trying to avert a Government Shutdown, and these House Republicans are essentially following Donald Trumps orders. So, what do you think of the evidence or what they are saying is evidence, the republicans, have presented so far . There is no evidence. Everything they have brought up so far essentially are recycled Rudy Giuliani conspiracy theories. They are, you know, things that Marjorie Taylor greene and matt gaetz and donald trump spew off on their social network. So, there has been no evidence yet. In fact, many republicans in the house currently have been quoted and statements that there is no reason to actually impeach President Biden. So, this is just a political tool, all about donald trump, this is all about making sure that folks know that he wants to get the president , President Biden back for what the impeachment that were legally correct, that happened to him. And lets remember, folks, Marjorie Taylor greene, when she first came into office, was calling for the impeachment years ago. This has been an ongoing real political stunt. Were not going to have it. Were in the Oversight Committee right now and were calling and pushing back on every single lie and every single Conspiracy Theory. And, congressman, i want to bring up something you mentioned earlier in our conversation, i think it is really important, which is the possibility of, very real possibility of a Government Shutdown this weekend. How are you what are your thoughts on that is there anything that the house could do that should be doing that isnt doing to try to avert this . Well, first, i think the American Public has a right to know why were spending all day in this sham Impeachment Inquiry when republicans are trying to shut this government down in two days. There are over 2. 3 million americans that are federal workers across the country, 80 of which by the way work outside of washington, d. C. That will be impacted by this. This is a fact that were not coming together to try to figure this out and instead having to do this sham hearing is concerning. Were very hopeful. There are some folks even on the other side of the aisle that are interested in actually a clean resolution, making sure were moving forward. But Kevin Mccarthy has given away his leadership and the keys to his speakership to the far right extremists in this country. They have two days to figure it out. We already negotiated a budget deal, months ago the president negotiated a budget deal and now theyre essentially scrapping them and Kevin Mccarthy is scrapping them and breaking all of his commitments and so were working hard to avert it. This is going to be on the republicans. This is their shutdown. And congressman, as you go back into that Impeachment Inquiry hearing, it seems as though many, even at that hearing, were surprised that turleys statement right there. I mean, listen, what turley said is the bombshell of this of this hearing so far. The fact that the Trumpeted Star Witness on the republican side, mr. Turley, very clearly said that there is no evidence to impeach President Biden was shocking to all the republicans in the room. Us on the other side, as democrats, we agree with him. We agree with that, with his assessment there. I think thats just goes to show you how much of a sham and how political this is and how this is driven by donald trump and his campaign. It is a circus event. Congressman robert garcia, i thank you very much for being with us this morning. Appreciate it. Just moments ago, new yorks Attorney General just revealed who she plans to call to The Stand In Her Civil Fraud Trial against donald trump next week. Will he testify . Youre watching jose diazbalart reports on msnbc. S . Youre watching jose diazbalart reports on msnbc. Tech cracked windshield on your new car . You dont have to take it to the dealer. Bring it to safelite. We do more replacements and recalibrations than anyone else. Customer thank you so much. Tech vo schedule now. 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An everevolving enabler of bold decisions. An asset more relevant than ever before. Gold. Your strategic advantage. 41 past the hour. Moments ago, the new York Attorney general released a Perspective Witness List for the fraud trial expected to begin monday in new york against former President Trump. She plans to call on trump to testify. Trumps children don jr. , Ivanka And Eric also named, as are Michael Cohen and allen weisselberg. Trumps lawyers released his witness list, which contains 127 names of fact witnesses. Joining us now, catherine christian, msnbc legal analyst and former manhattan district attorney. Great seeing you. How do you assess the Witness Lists . Well, first of all, it is a civil trial, so people who are, like, trying to figure out how can the prosecutor call the defendant, it is a civil trial. So, a plaintiff and thats the ags office can call the defendant to the stand. It is risky. Why . Because it is not your witness. It is considered an adverse or hostile witness. Your witness is you spend time with them, you prepare them, you go to the questions youre going to ask them, you know what their answers are going to be, you have no clue when you call the defendant and the other defendants, what is going to come out of their mouth. But it can be a smart decision because you if you do it the right way, you just limit your questions to what you know the answers to. And you hope the witness, though this is impossible, donald trump, you hope the answers will be either yes or no. What i suspect, i could be wrong, is that donald trump, even though it is a civil trial, will assert his Fifth Amendment right not to testify. Because if the statute of limitations is still alive on the criminal aspects of this case, he will not want to testify because the manhattan d. A. s office might, you know, use whatever he says to prosecute him. The same with his son eric and don jr. So, they may all, you know, assert their Fifth Amendment right to not testify. Michael cohen on the list will testify gladly. Right. Separately, catherine, we learned yesterday that judge Tanya Chutkan denied trumps request to recuse herself in his federal Election Interference Case. What do you make of that decision . It was expected. And what the judge did, she wrote a very lengthy and detailed decision expressing the reasons why she is not recusing herself. And the reason why she did that is so it is appellate proof. If he appeals this, the d. C. Circuit court of appeals will affirm her decision to not recuse herself. Essentially she said, you know, donald trump, youre a lawyer, youre accusing me of saying that President Trump should be prosecuted. Where have i ever said that . You havent cited me ever saying that. She also cited the standard, the standard for recusal in the federal system is that whether or not a reasonable person observing and knowing all the circumstances would come to the conclusion that the judge could not be fair and impartial. And she gave the reasons why she can be fair and impartial. The defendants lawyers, Donald Trumps lawyers, pulled two statements that she made in two separate sentencings of defendants who were involved in the January 6th Insurrection or riot, whatever you want to call it. And they basically took her statements out of context. The context of her statements was in response to those defendants. Both defendants were saying why me, why arent the big people, the ones who plan this riot here and why arent they being prosecuted, why am i being sentenced so harshly. She responded to them and basically said, well, youre before me, and the other defendants are not, you followed, you know, their lead, and, you know, im sentencing you appropriately. That is completely allowed. What a first of all, it is required. Judges in their sentencing have to make a record about why theyre giving a defendant a particular sentence. And in these two cases, she was responding to them. Catherine christian, thank you so very much for clearing that up. Appreciate it. Overnight, u. S. Soldier travis king who had been detained in north korea since returning to the country in july, running into that country in july, is back on u. S. Soils. His troubles are far from over. Youre watching jose diazbalart reports on msnbc. Rr youre watching jose diazbalart reports on msnbc. Its not just designed to look good. Its built to command attention. Its not just a comfortable interior. Its a quiet refuge. Theyre not just headlights. They light the way forward. The new fully electric audi q8 etron models. Why choose between a longer life or quality of life . You deserve both. 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Ask about kisqali, and long live you. Tourists tourists that turn into scientists. Tourists photographing thousands of miles of remote coral reefs. That can be analyzed by ai in real time. So researchers can identify which areas are at risk. And help life underwater flourish. 49 past the hour. Overnight, American Soldier Travis King arrived back on u. S. Soil in san antonio, texas, after being held in north korea for two months after he ran across the isolated countrys heavily armed border. Nbcs Morgan Chesky is in san antonio. Good morning. What is next for him . Reporter jose, very good question. Were going to be hopefully learning more in the days and weeks ahead about what precipitated north korea, essentially releasing this private second class king after 71 days in captivity. What we do know today is that he landed about 12 35 a. M. This morning. We watched Military Personnel escort him off the plane. He will be taken to Brooke Army Medical center where he will undergo a post isolation screening. That could involve talking to therapists, to doctors. They want to make sure he is of sound mind and body after being held in north korea so long. Following that, jose, all eyes will be going to the military, because they declared king Absent Without Leave after he crossed the dmz in july. He could face some sort of discipline, whether forfeiture in pay, potentially a dishonorable discharge. For now, military officials have been clear to say their main focus, making sure king is healthy and reuniting that 23yearold wisconsin native back with his family. Jose . Morgan chesky, thank you very much. Now to a different kind of diplomacy. Last night, Secretary Of StateAntony Blinken showed off his guitar skills. Singing the classic, part of the launch of the Global Music Initiative program to elevate music as a diplomatic tool for promoting peace and democracy. This isnt the first time secretary blinken has made his love for music known. He currently has three songs on spotify. I remember now listening and watching muddy waters in concert. That was such an occasion. Up next, in a couple of days Student Loan Repayments will start back up again for millions of people. With the higher cost of living, what happens if they cant afford it . christina with Verizon Business unlimited, i get 5g, truly unlimited data, and unlimited hotspot data. So, no matter what, im running this kitchen. vo make the switch. Its your business. Its your verizon. The longlasting scent of gain flings made it smell like dave was in his happy place. The Massage Chair at the mall. But. He wasnt. Gain flings with oxi boost and febreze. The chewy app has everything for pets. Hungry pets, itchy pets, scratchy pets, and most importantly, your pet. Every day great prices and 35 off your first authorship order. Right to your door. Download the chewy app. Rsv is out there. For those 60 years and older protect against rsv with arexvy. Arexvy is a vaccine used to prevent lower Respiratory Disease from rsv in people 60 years and older. Arexvy does not protect everyone and is not for those with severe allergic reactions to its ingredients. Those with weakened Immune Systems may have a lower response to the vaccine. The most common side effects are injection site pain, fatigue, muscle pain, headache, and joint pain. I chose arexvy. Rsv . Make it arexvy. This is american infrastructure, a prime target for cyberattacks. But the same aipowered security that protects all of google also defends these services for everyone who lives here. christina with Verizon Business unlimited, i get 5g, truly unlimited data, and unlimited hotspot data. For everyone who lives here. So, no matter what, im running this kitchen. vo make the switch. Its your business. Its your verizon. Cmon, were right there. Cmon baby. Its the only we need. Go, go, go, go ah Touchdown Baby touchdown are your neighbors watching the same game . Yeah, my 5g Home Internet delays the game a bit. But you get used to it. Try these. Theyre noise cancelling earmuffs. I stole them from an airport. Its always something with you, man. Great solid greek salad . Exactly dont delay the game with verizon or tmobile 5g Home Internet. Catch it on the xfinity 10g network. Next week, College Students are back on the hook for the money they borrowed. October 1st, loan payments will resume since they were paused in march 2020. Brian chung look at the effect the repayments are having on families. What did you learn . They call it a debt cliff in some cases. 1. 7 trillion, with a t, in Student Loans facing the first payments in over three years. For some families, they wont or cant pay those loans. Take a listen. Its hard enough dealing with rising prices at the store. My Student Payments are 400 is what they are expecting each month. Thats my food budget. The pandemic freeze on Student Loan Payments allowed her to open up a salon. With 4,000 in debt from her degree, she wont be able to make payments once they resume in october. Its out of my hands at this point. If i cant make it, i cant make it. Its a game changer. The biden administrations plan to forgive up to 20,000 in student debt would have wiped her slate clean. Instead, a Supreme Court decision in june struck down the plan after she put thousands of dollars in investments into her salon. I dont know what will happen in the future. 20,000 to 25,000 in debt is the median bill. They are interest restart this month with the first payments in over three years due in days. Economists say it wont trigger a recession, but will weigh on those least able to bear it . They have high debt. They tend to have lower income. Thats a potential issue. Its officially time for a Student Loan Repayment boycott. Some borrowers urging others not to pay. This woman owes over 15,000 and has no plan to pay in october. They will garnish wages, maybe take from your tax refund. I made 10,000 this year. You can have it all if you want it. The Education Secretary says missed payments wont Trigger Garnished wages and credit score hits. They will struggle. We want to make sure we are not sending their name to credit agencies. We will hold them harmless for a year. Relief, see if your employer offers Repayment Assistant Programs and consider the save program. Josie is weighing her options but says its tough either way. At this moment, its either come up with money to pay for these now Student Loans im having to pay or make it to where my business doesnt function. Billions of dollars have been paid back even before the payment date begins in october. Regardless, its going to be a big deal for a lot of the families that after several years of relief are going to have to pay bills again. Brian, an interesting one what the secretary said that for a year they will be held harmless. What does that mean . The Interest Payments will be due. You will have to pay. If you dont, you wont be reported to a credit bureau. In other cases, you would be dinged and have difficulty getting a mortgage, for example. That wont happen until next september. After that point in time, you could be reported. All the standard things that come with not paying bills could be part of the repercussions. Brian chung, its good to see you. Thank you very much. That wraps up the hour for me. You can reach me on social media. Thank you for the privilege of your time. Andrea mitchell picks up with more news right now. Right now on Andrea Mitchell reports, Breaking News on capitol hill today. In the house, an Impeachment Inquiry hearing. House republicans are trying to link President Biden to his sons Business Dealings, despite no evidence so far that thats true. House democrats are pointing out that the republicans investigation has not proved a direct connection. Today the House Oversight committee will examine over two dozen pieces of evidence revealing joe bidens corruption and abuse of public office. The majority sits empty handed with no evidence of any president ial wrongdoing, no smoking gun, no gun, no smoke. A Government Shutdown, this weekend is almost unavoidable. A handful of House Republicans are insisting on no compromise with democrats. The senate is pursuing a