Good monday morning, everyone. So glad youre with us. Hope you had a nice weekend. The sun finally came out in new york. It was many days. Hope your weekend was sunny and nice. Weve got a lot of big news to get to this morning. Five things to know for monday, october 2nd. The government stayed open for now but washington is bracing for another chaotic week. Speaker mccarthys Leadership Job is on the line. Gates told cnn he will file a motion to remove mccarthy as speaker this week. Happening today donald trump said hell be in court in person for the start of his high stakes civil fraud trial. Breaking overnight, gavin newsom speaking a replacement to fill Dianne Feinsteins seat. Search is underway in Upstate New York for a 9yearold girl who may have been abducted. She vanished while riding her bike at a state park. For the second state week, taylor swift showed up at a game as the chiefs narrowly, and i stress narrowly, beat the jets. Cnn this morning starts now. Just made the crew in here very happy by saying narrowly beat the jets. Its about moral victories for the jets, not actual victories. In washington, a week ahead for House SpeakerKevin Mccarthy as he fights to keep his job. There is a right wing revolt to oust the speaker. It comes as he prevented a Government Shutdown at the last minute. I do intend to file a motion to vacate against speak jr. Mccarthy this week. I think we need to rip off the band aid and move on with new leadership that can be trustworthy. The one thing everybody has in common is nobody trusts Kevin Mccarthy. Mccarthy will likely need help from democrats to get a hold onto the gavel. One caucus where he might struggle to find support is the Congressional Progressive Caucus which has more than 100 people. Would you vote to get rid of mfk car think . Would i cast that vote . Absolutely. I think Kevin Mccarthy is a very weak speaker. He clearly has lost control of his caucus. He has brought the United States and millions of americans to the brinks waiting until the final hour to keep the government open. Lets bring in cnn Congressional Spokesman lauren fox. The message i got from one democrat was keep our powder dry. They want to see where this goes from here. They could be the determining factor. The question becomes what are democrats willing to do . Is there a price that they would be willing to try and extract from mccarthy that would be worth it from them. That is what democrats are trying to figure out right now. Members should not be going and trying to cut a side deal with their republican friends. Instead the argument from leadership, this was very clear from the democratic whip last night, is if this comes to the floor, we are going to have a caucus meeting, we are going to discuss this as a family and we will move forward as a unit. The concern is what the implications could be if democrats just freelance on this issue. There are a couple of factors. The trust with Speaker Mccarthy is not high. Yes, they avoided a Government Shutdown, but just to give you a sense of the distrust thats happening, in the morning Hakeem Jefferies and mccarthy were supposed to have a conversation around noon on saturday. Instead what happened was jefferies got a whip notice it was time to vote on the floor on a shortterm spending bill. He was caught off guard i am told from sources familiar with those conversations and obviously that is just another sign and thats really sort of looming over the week as we stare down what matt gates is going to do. Here is mccarthy yesterday. Hes coming for you. Can you survive . Yes, ill survive. This is personal with matt. Hes more interested in securing Tv Interviews than doing something. He wanted to push us into a shutdown even threatening his own district with all the military people there who would not be paid only because he wants to take this motion. So be it. Bring it on. Lets get over with it and lets start governing. Reporter mccarthy allies have started having conversations with democrats about whether or not they could agree to some kind of rules change, Power Sharing Agreement would that be enough to get some democrats to ensure that mccarthy wasnt ousted. Again, this is a conversation that leadership says membership need to be having as a family, as a caucus. This is not something they want members going out and deciding on their own, zblil a lot of steps including some procedural to come on this before anything final happens. The 47 day stopgap bill does not include any supplemental aid for ukraine. What happens there . This is a huge question mark. You heard from President Biden yesterday that he believes that there was some kind of agreement. Mccarthys office has not responded. They wont say if there was any kind of an agreement on ukraine aid, but this is an issue that is a top priority for republican and democratic leadership in the United States senate. There was a joint statement that came out on Saturday Night after the Stopgap Measure passed saying they were still committed to getting ukraine aid across the finish line. A lot of steps ahead, but obviously this is still a top priority and something that leadership wants to make clear to ukraine and president zelenskyy, that they are not for getting about this issue. They are not just leaving them behind. Lauren fox for us. Thank you. California governor gavin newsom is set to appoint emilys list president butler to take over the seat. She will be the third black senator in u. S. History. Conch law joins us live. This is something that a lot of them didnt see coming. She is someone who has a long list of credentials. You mentioned emilys lest. But she was also the Senior Adviser to Kamala Harris during her president ial campaign and she has been the head of one of the most powerful unions in the state of california. She has a long list of credentials. Her appointment does fulfill a pro promise, an important promise to appoint a black woman because Kamala Harris vacated her senate seat to become joe bidens running mate. To do this she will be the only black woman to serve in the u. S. Senate. She will be an historical figure. She will be the First Black Lesbian to serve in the senate. Governor newsom tweeted that he hopes she will continue to break glass ceilings just like senator feinstein. As you mentioned, poppy, absolutely. This scrambles a race. You have three members of Congress Running for this senate seat, adam ship, katie porter, barbara lake. It is about to get much more crowded now because the governor is making this appointment without any preconditions. Its really interesting, not only is she the only black woman to serve in the current senate, which is something that Governor Newsom got some criticism from before, but the other point is shes got some really interesting background in the private sector, in union work. So thats just going to be interesting to see how that plays out in the senate. Yeah, certainly, especially in this race. Should she decide to continue and run in this primary and then in the election, yeah, its going to be very fascinating to watch. Thank you very much. Phil . Also this morning, about four hours from now donald trump is set to appear in person as his new york civil trial gets underway. He arrived at trump tower last night after campaigning in iowa ahead of the january caucuses. Theyre seeking 250 million in the case against trump, his eldest sons and their companies. Theyre accused of significantly inflating the value of their properties to banks and insurers for years. Were live outside the courthouse. There will certainly be optics reasons but from a substantive perspective, what do we expect today . Well, phil, good morning. The former president is going to attend this trial today. Hes going to square off against the judge who has already dealt a major blow to him and his business and for trump the stakes couldnt be higher. Donald trump falsely inflated his net worth by billions of dollars to unjustly enrich himself and to cheat the system thereby cheating all of us. Reporter a monumental moment for former president donald trump, his family and the company that bears his name. The new York Attorney generals civil Fraud Lawsuit alleging trump, his adult sons and his business engaged in a decade long fraud begins in a manhattan courtroom today. Attorney general Letitia James says trump and others pumped up the value of multiple properties, maralago, the family home in new york known as seven springs, trump tower and numerous golf courses. By doing so she alleges trump lined his own zblokts mr. Trump and the Trump Organization saved an estimate 1d 50 million by receiving favorable Interest Rates that were only provided based on the false and misleading statements of financial condition. We also believe that he illegally saved millions of dollars in federal tax benefits. Reporter the case will be decided by New York State judge arthur n. Goran who has already found trump engaged in persistent fraud for a decade writing in a ruling that trump is living in, quote, a fantasy world and he canceled Business Certificates for several trump entities. James is still seeking to hold the trumps individually accountable and prove they conspired, issued false Financial Statements and issued in insurance fratd. I dont know what i did wrong. This is the first case to tarnish the image trump carefully crafted as a successful businessman and used to cat a pull the himself to the white house. James is planning to call 28 witnesses during the trial including the former president and all three of his adult children. Trumps former fixer, michael cohen, whose testimony on Capitol Nhill who kick started the investigation is on the list. It was my experience that mr. Trump inflated his total assets when it served his purposes, such as trying to be listed amongst the wealthiest people in forbes and deflated his assets to reduce his real estate taxes. Reporter trump has denied any wrongdoing. This is the greatest witch hunt in the history of our country. Reporter and claims that Attorney General has unfairly targeted him. She developed a political platform and made a career out of maliciously attacking me and my business before she even understood or was elected or reviewed one of the millions of pages of documents we willingly produced. Reporter so Opening Statements are expected to get underway when court opens this morning. The judge has set aside as much as three months for the trial and, phil and poppy, this is just the beginning of what is becoming a very crowded trial season for trump as he is facing indictments on four separate charges. Right. The fact that he had to postpone a deposition in a different case to be in court today for the civil trial says a lot about all of the cases on his plate. Thank you, kara. Back to you soon. The high court, the supreme Justices Supreme Court justices back on the bench today taking up some major cases at the start of the term. Well tell you what they are ahead. 4,000 workers represented by the u. A. W. Union avoiding a different strike overnight. And late night getting back into gear. Im happy they eventually got a fair deal and immensely proud of what our union accomplished. Im also furious that it took the studios 148 days to achieve a deal they could have offered on day [ bleep ] one. There is an urgent search underway in Upstate New York for a 9yearold girl. Officials Say Charlotte sinna was last seen friday. Police Say Charlotte had been biking with a couple of friends when she decided to do one moore herself. Didnt come back. The family is pleading for anyone with information to come forward. No tip is insignificant. So if anyone has any information at all, saw anything in the vicinity of the entrance to the Monroe Lake State Park or are camping here and have any information at all state police say her bicycle was found shortly after she went missing. Well keep you updated on this. Anyone with information is urged to call police. New this morning, a strike has been averted for nearly 4,000 United Auto Workers members after their union reached a tentative agreement with mack truck in florida, maryland, and pennsylvania. The word first coming in a social media post from the uaw just before midnight. Details of the agreement have not been disclosed. Of course, this dispute is separate from the Big Uaw Strike against all of detroits big three. Executives at ford says the two sides are getting relatively close to a deal on wages and benefits. Well keep watching that one. A lastminute push by House Republicans over the weekend to strike a deal narrowly avoided a shutdown. It includes Natural Disaster aid but no additional funding for ukraine or border security. Some republicans think the house gop didnt get enough out of the deal. One of those republicans is the former president. We have to keep our government going but i thought the republicans got very little. I think they got very little. I think they could have done a much better deal and it was a life saver for biden. It was a life saver for the democrats. Joining us now, cnns senior political analyst john avlon and erroll lewis. Welcome, gentlemen. Good morning. Happy monday. Good morning. Put the former president aside for right now for any number of different reasons. Erroll, on the idea of matt gates went on with jay tapper, made the big announcement hes going to make his move. Mccarthy says bring it on. The reality is 200 plus republicans support mccarthy. Very small group. Im thinking big picture. It shows the fault lines and it forces them to come to reality. I think matt gates may have overplayed his hand. Well find out. The reality is without even involving the democrats, there are enough avenues there that the republicans can this what are the w thwart what he is trying to do. For someone to come out and Call Matt Gates a schaar llewill he. He meant it. Hes one of the 18 republicans in pro Biden Districts whose survival is at stake. Its those 18 Versus Matt Gates and the 21 hard liners who are going to fight for control of the republican conference. I like mccarthys chances of steering a course through those. Theyre sort of equal in numbers and hes got often his side common sense and the willingness to try and run the government. Matt gates wants to blow up the government over how Appropriations Bills are handled . The good news is they avoided a shutdown. The far viet trying to hold the country hostage, trying to Hold Mccarthy hostage. At some Point Mccarthy has to say, as he is, bring it on. He is hae literally saying that. Now, look, lets not forget, i dont think democrats are going to bail out mccarthy. Certainly the progressives arent. It was very clear. Speakers dont need to be members of the house. Wouldnt this be the time to be liberating. If it cant be Kevin Mccarthy, what is if they put forward don bacon. We need to stop having these parties Polarization Drive all of our politics and be beholden to the extremes. This is as good a moment as any for that moment of truth. Erroll what does it mean beyond the 47 days, lets hope we get through it, lets see what happens with ukraine funding and border funding. He leads a conference that he cannot promise there will be 218 votes behind those. Thats been the problem all along. Right. But it is it is so clear now. It is it is right. It is very clear and hes unable to do its not considered a formal aspect of running the government but its a political reality that if you shake hands, metaphorically or literally with the president of the United States, and say youre going to do funding at a certain level and this is going to see us through the year on a Government Deal. The Government Deal for may and you come back and try to reopen it, undo it, nothing works. Nothing in the system is designed for that level of instability. And i think thats really one of the lessons here. Its the instability that almost forced catastrophic cuts for families and the government. If thats what were going to see the week before thanksgiving, what it says is weve got a level of instability that this system just is not going to allow. But we do in the republican conference. This is not just a Kevin Mccarthy problem. Before him john boehner and paul ryan couldnt corral their far right. Every shutdown has begun with a republican house. This the is a problem in the Repu