more speed for your business? it's not just possible. it's happening. get started for $59.99 a month for 12 months. plus, ask how to get an $800 prepaid card with a qualifying internet bundle. comcast business, powering possibilities. this morning the judge in the trump trial has been admonishing the trump attorney telling him to stop bringing up the same arguments again and again and this is day two of the trial, apnd we will have more o that for you. developments in that courtroom, and now, hunter biden has plead not guilty to three gun charges. we will tell you what happened inside of that courtroom. and now, kevin mccarthy is on the brink of costing him a vote for his speakership. what is going to happen there. with john berman and sara sidner, i'm kate bolduan. this is cnn "news central." it is chaos on capitol hill right now, and in a special kind of chaos this time. house lawmaker are getting set and ready to vote on whether or not to oust kevin mccarthy as speaker at some point to today or if he is going to be able to narrowly avoid that fate. he is facing a small, but determined revolt amongst his own party led by republican congressman matt gaetz. here is mccarthy last hour. >> if you throw a speaker out that has 99% of their conference, that kept government open and paid the troops, i think that we are in a really bad place for how we are going to run congress. >> while this chaos plays out, it is really basically paralyzed on the house side. we have team coverage on capitol hill hill, and cnn's manu raju and lauren fox are there. you been tracking republicans, and what is happening right now? >> yeah, speaker mccarthy is making it clear that he is planning to have this vote this afternoon. the first vote is a procedural vote aiming to stop matt gaetz' motion to oust him from the speakership, but he does not have the votes to win, in large part because of more than five republicans are expected to vote against him, the speaker on this procedural vote, and the moment, the expectation is that the democrats will join the detractors, and mccarthy is recognizing that he could lose the procedural vote, and then move into a historic vote on the house floor, and happen today and tomorrow, and vacate the speakership, and something that has never happened in the history of the country, ap it could happen today, and mccarthy is at risk of losing that vote. if he does lose that vote, that is when it is going to be tricky. mccarthy is planning to fight it out on the house floor, and he could be a candidate in the new speaker's race. but in order to elect a speaker, you need 218 votes, and at the moment, nobody has 218 votes, especially mccarthy, because that is what he needed for speakership, and he would need the democrats to save him, but that is something that they don't have much of an appetite for. and if they don't, this is something to put the law in complete paralysis. in talking to the republicans, there is enormous frustration with matt gaetz to push out kevin mccarthy, and blunt warnings from a number of republicans that going ahead could cost them their majority. >> the only word i can describe for that is that he is either a fool or a liar. >> he is a chaos agent, matt ga gaetz. >> i don't have tolerance for this. >> it puts the majority at jeopardy. >> it is sending to the majority of the electorate that this majority cannot govern itself, and we need to change that. >> are you concerned that it could cost you the majority? >> it could. it sure could. >> that is a real fear right now that even though mccarthy has the overwhelming support within the conference, he does not have enough support among the republican votes alone and, kate, a talk of power sharing with the democrats and win over the support, but mccarthy moments ago rejected that possibility when i asked him about it. >> and moments ago could be different conversation moments from now with how things are going with the republicans there. and manu is on top of it. thank you. now, over to lauren fox. lauren, what are you hearing from the democrats over there? >> yeah, the meetingongoing, and they are having a meeting and brought in extra food and lunch, and so they could continue the meeting longer. so, the number of democrats that have left the meeting said that member after member who went to the mics said that there is not a lot of trust for house speaker kevin mccarthy. this what richie needham said. >> there is not a lot of goodwill for kevin mccarthy. >> is there any reason for -- >> all of the conversation in there is a central part of the focus is lacking trust in kevin mccarthy. >> reporter: and diane degette left this room, and we asked if she wanted to make any announcements about mccarthy's future and how they would vote on a procedural vote, and she said that she wants leader jeffries to come out and she said that over and over again it was very clear that the democrats are disrespected by mccarthy and breached multiple agreements that he has entered into with the president and the colleagues, and so obviously, things are moving quickly in there and to take away from the democrats is not a lot of goodwill for mccarthy. >> i will let you go, because i saw jerry nadler, and chase some democrats to see what is happening coming out of that meeting. and we will see what happens with the leadership team co-chair malliotakis. >> and now, at 11:07, we have no idea whether they will support kevin mccarthy or not. >> they trust him, and look no further in keeping the government open and avoiding the government shutdown, and the tactic is that he aligned with far right of the party which are now trying to oust him. >> kevin mccarthy is saying that he does not need their help, but he does, and that is clear. one after another inside of that closed door meeting one democrat after another that manu raju is reporting that we are going up there that we have no love loss for him, and we don't have to save the speakership. >> maybe he threads a needle, and there is always a way to thread the needle, and some magical lever to be pulled, but i don't see it on this one for kevin mccarthy to do it without the democratic support, but we will see. >> it could be a historic day, and you will be speaking to a democratic leader in a moment, and maybe we will get more clairety, but it is could be a collision course with history. and meanwhile, inside of the donald trump civil trial, the judge is making clear what can and cannot be discussed and the judge has made it clear that trump committed fraud and he is done listening to arguments about that, and brynn gingras is outside with more on that live. brynn? >> yes, john. we are on day two and it is to last until christmas, and the judge going on to the bench this morning to say that he fully expects the defense attorneys to appeal this trial, and saying that this trial is not an opportunity to mitigate what i have already decided referencing the decision he made last week about finding trump and his adult sons and organization liable for fraud. so we will see how this continues, but on the stand right now, we are hearing more testimony from the trump's former accountant donald bender talking about the nitty-gritty of the financial statements, and how the property valuations were figured out, and who figured them out, and who signed is off on them, and all of the details, and we will continue to hear from the defense of course who is fighting for the fact that there was no intent or fraud when preparing financial statements and valuations, and they say there was no victims in this case, and those are the arguments that we will continue to hear echoed throughout the long civil trial. i can tell you that the former president walked in again, and he did not acknowledge new york attorney general letitia james seated inside of the courtroom, and this is after he made comments about her and the judge again outside of the courtroom, and his son, eric trump, is in the courtroom today. and do they plan to stay today? they stayed all day yesterday, and that is how long they will stay for the testimony. and how many times he will be back at the courtroom, because he is eager to testimony in his own defense, and we fully expect to see that happen. again, kristen holmes has been giving great details of what is at stake here. his brand, and he is eager to defend it. and the state has said in the opening statements closing it out that they are asking the judge to make sure that the trumps never do business in new york again. so this is one that we will closely watch. >> for the past two days, donald trump has made his own opening statements so to speak to the cameras outside. >> if you will. >> if you will. and really sort of putting it out to public as you would in a political campaign and not a trial. we will get all of the details there from brynn gingras. >> and in delaware, hunter biden has left after pleading not guilty to three gun charges. this hearing lasted 20 minutes, but a long road ahead. paula reid was inside of the courtroom, and what did you see and hear in there and where do things go from here? >> well, kate. hunter biden entered court just before 10:00 with the lead attorney, abbe lowell and the rest of the legal team, and the secret service detail, and he sat at the defense table listening intently as the judge laid out the charges, and the potential penalties and the condition of the release, which includes no drugs, no alcohol, and he cannot be in position of a firearm. then he entered the plea of not guilty through his attorney abbe lowell. even though he was the first time that a child of a sitting president has been arraigned on criminal charges. this is how we got here. hunter biden has been under criminal investigation for over five years a. trump-appointed u.s. attorney investigated him for that length of time, and appeared that the investigation would be resolved with a plea deal on tax charges and the gun counts were going to be diverted and that plea deal fell apart, and now a special counsel filed three counts related to hunter biden's gun, and suggesting that he lied to the atf and the gun dealer that he was purchasing a gun while on drugs. abbe lowell suggested that the charges have been filed because the justice department has vowed pressure from former trump 's allies and in the form of his son. they claim that nobody has ever challenged the fact pattern of this test. today, they said they will test the strength of the case. the sources close to the legal team says if it is going to trial, they will prevail. it is interesting over the past year, hunter, and the team, they have taken a much more aggressive and forward leaning approach. they brought on others on the team, and they issued litigious statements against people like rudy giuliani, and this strategy has no sign of pulling down at the moment. >> great to have you there with us, paula reid. now, over to what is happening inside of the courtroom here as to what he ruled and the trump team can appeal that, but he is going to stop hearing arguments about that specific matter, and what does this mean for the football analogy and i would say the ball starts at the 50 yard line, but at the opponent's 30 yard line, and how does that shake out? >> this is more like the touchback where you are back in the end zone what they are trying to do here? >> the safety. >> the problem for the lawyers is they are not trump who wants to make the campaign statements, press conferences. they are not supposed to be doing that in the courtroom. >> hang on chan. hakeem jeffries is speaking. >> our republican colleagues who claim to be more traditional to break from the extremists in the chaos, in the dysfunction n the extremism, we are ready, willing and able to work together with our republican colleagues, but it is on them to join us to move the congress and the country forward. thank you. thank you. >> all right. we missed beginning part of that from hakeem jeffries, but it sounded like he was telling republicans, this is on you. if you want to save kevin mccarthy, this is on you, you have to do that and if you want something else, you have to come to us with something. >> it is on them. it is on them. kevin mccarthy has found himself between a rock and hard place, and with the ability to with the deals he has cut has allowed this single member to have a single motion to kick him out of the speakership s and this is what he is doing. >> and matt gaetz is keeping his promise to oust the speaker. and we heard kevin mccarthy saying that he didn't need democratic help, but he also blamed the democrats for the shutdown, and so there is bad blood here. >> yes, from hakeem jeffries. >> and from the democrats and the republicans. we will listen in. >> and everyday americans. that has been our objective from day one. if there are a few republicans who are willing to break with the extreme maga republicans in the midst, we are ready, able, and willing to find common ground to make progress for the hard working american taxpayer. >> are you willing to vote to table? >> are your members vote present, sir? what you are not hearing him saying that we will not vote to support or help kevin mccarthy, but he is saying as you said, this is on you, republicans, come to us. so i will keep saying it until it does not apply, but standby, standby. >> and we heard from kevin mccarthy, there are five people who will try to oust him so he does not have the votes at this time, and lit have to happen this afternoon, and so if no democrat comes forward and if none of the democrats come forward, he is sunk. this is the last day as speaker. >> as we keep saying now at 11:18, no indication that a democrat is going to vote to save kevin mccarthy. that could change. that could change, because, you know, hakeem jeffries seemed to invite some entreaties in the next two hours, but it is an uphill battle. we will speak to a democratic, and jayapal says we won't be saving kevin mccarthy. and the caucus she heads up is clear they will not save mccarthy, and she won't, but the people who might are the more moderate members, and none of them have come forward to i say they will vote. >> if we are like taking temperature now, it feels this hour that kevin mccarthy and his speakership is more in doubt than i would say last hour from what we are hearing publicly, because that's just the way it feels right now. >> i want to make one point, because why should people care about this. it is not just inside baseball. this could cripple the congress. they could be voting on this over and over and over again, because right now, matt gaetz does not have someone in mind that he has told anyone about for the speakership. so if mccarthy goes down, then what? a constant battle. >> it could all happen in the next couple of hours. >> stand by, and i want to bring back shan woo with the courtroom of the warning that we don't know if hakeem jefferies is going to start speaking again, and we will go back to capitol hill in a heartbeat, and what we are talking about is how the two legal teams approach the fraud case now that the judge has made it clear that there was fraud. we won't argue anymore if there is fraud, so how do they move on? >> the trump's team needs to focus on what remains in the case, and there a lot. like six other counts in the case, and those counts do involve intent, and michael cohen is going to testify, and that should be a fun cross-examination for them, and although, he may hold up. and maybe when he is not there, they will move away from playing up to him. and the judge is wanting to deal with the issues ahead, and what does the government have to prove and you are going to counter that, and they are doing the client a disservice if they continue to make the arguments that trump is making in front of the press cameras. >> and shan, no jury here, and this is something that is a choice by trump's defense team and perhaps donald trump himself. they are now arguing with the one person who is going doe side this case. that doesn't seem like a wenning strategy. how do you see it? >> judges are assumed to be better than laypeople at putting aside personal irritation, and putting aside some evidence or arguments that would not make it before a jury, but you are exactly right. here the fact finder and the legal djudicator are the same person, and the judge is human and if you keep rehashing the same argument, and the judge has told you to move on, the judge is going to be irritate and he is not going to treat your arguments with the attention and credibility, and the eyes are going to glaze over on this, and it is not going to do you, the defense counsel any good. you want the judge to be paying attention to what you are saying and not looking at you like, you are saying the same stuff that i told you not to say, and so that is a problem. >> shan wu, thank you for coming on, and thank you for being patient with us. we will have you on again soon. and now, how police arrested a suspect who snatched a 9-year-old girl at a cam ground with her family. how all of this went down when we come back. and plus a democratic congressperson will be joining us. debbie dingell is going to tell us what was going on behind the closed doors today as we wait to hear the fate of kevin mccarthy, the speaker of the house. that is ahead. we are watching a political storm on capitol hill as house speaker kevin mccarthy tries to hold on to the speakership. it is in jeopardy, and mccarthy is facing a key vote that will remove him from the leadership this very afternoon where the democrats have been meeting all morning in a closed-door meeting. some coming out saying that there is no love loss for mccarthy. democratic congresswoman debbie dingell is coming out, and sayis thank you for coming out on what is an extremely important and busy day. so were you inside of that meeting, and if you were, what did you see and hear? >> so, i am going to be very careful, because i think that this is a historic day, and that the american people need to understand that i think that colleagues on the republican and the democratic side of the house are having very thoughtful discussions about what this means, how you move forward, what the implications have been to date for our democracy, and i think that a lot of people were expressing in my caucus concerns and i think that the caucus wanted to listen to each other and be unified in what happens. there was very much consensus on that from all perspectives within our caucus. >> we are hearing from people like representative mark takano from california who said i did not hear a single member feeling that they should save speaker kevin mccarthy, and can you give us a sense if the democrats, are they a solid bloc? are they together on this? are they all going to do the same thing from what you got from the meeting? >> i think that i would tell you that there is a lot of soul searching. a lot of reflectiveness. a lot of discussion about what it means for the institution and democracy. so, i don't think that -- for some this is just drama in washington, d.c., and quite frankly, it is very much unnecessary drama. but i think that the democrats are unified and not take any happiness, but the final action of what people do not determined either. a lot of people listening, thinking, reflecting. >> all right. you said that people are thinking, reflecting, but at this point, they are unified, and that does not guarantee what they are going to do when a vote, if and when a vote comes forward. i do want to talk to you about the minority leader, hakeem jeffries who is the most powerful democrat now, and he said that the democrats will be expecting concessions from the republicans. and we heard mccarthy say on camera that he would not make concessions, and he did not need democrats. what is your thought? >> so, i think that these are very delicate times. if that is kevin mccarthy's position s and this is hakeem jeffries' position, you can kind of tell where that is going to end up. >> what is your position, as you take this into consideration, and i know that you are a member of the problem solvers caucus, and you are trying to solve a problem quite literally today, but can you give me some sense of what your position is? will you stroet keep mccarthy in his place, and there is no other person who has been put up for the potential speakership or not? >> i think that it depends upon how it ends up rolling out today. if i think that the minority leader made it clear that there has to be concessions, and there have been concessions of the potential rule changes of how to run this house together and stop these threats. a number of people have been very disturbed about the ability of republicans to keep their word if they do give their word, and how much does it mean. so, there is a lot of discussion, and so i have to say this to you, and i think that anybody who thinks that they know how this day is going to play out yet is not in these rooms where a lot of discussion is trying to figure out how this is all going to play out. >> i just want to be clear and ask you again, what are your considerations? are you considering saying, all right, keep mccarthy in place, and let's not have this be something to keep voting over and over and over again to try to find a speaker -- >> so, i am just going to -- >> and how are you feeling that? >> you are asking that in a narrow cone. i think that many are worried and don't want to see this election again over and over and over of who would be a new speaker, but the current situation is unacceptable i think to people and a lot of options are that people are thinking, talking, throwing things out. i do know that i feel strongly wherever this lands, the democrats will be supporting each other. i will not say anything that hurts any discussion right now, though i think that people should stop making absolute statements if they are trying to find any kind of common ground. >> there are five republicans that we heard from mike mccarthy towards not going to keep him in the speakership, and what about the five people who are creating this chaos in this point in time including representative matt gaetz, and anything that the congress can do with 435-some-odd people can do to come together and deal with just five members of congress at this point in time. >> i would tell you that it is the republican caucus problem, and they have created this, and it is existing within their caucus. they are the ones who changed the rules so that one member could call for a motion to vacate. it is disturbing, but this is a republican caucus problem. >> congresswoman, debbie dingell, thank you for coming on to tell us your views. >> so anybody who says they know what is going on, they would be wrong. this is still developing before her eyes. and kevin mccarthy is not in a good place to survive as speaker of the house. >> we are getting the new details of a man who abducted a 9-year-old girl who was on a camping trip with her family and the new details of how they ended up finding her. this morning a 9-year-old girl is back home after her disappearance in a state park. a ransom note led officials to her and the arrest of a man charged with kidnapping in the first degree. we have the latest on this. jean casarez has the latest. it is a remarkable story. >> it is a remarkable story, john. we have received legal documents from the arraignment, and they they the defendant abducted 9-year-old charlotte sena with the intent to compel moneys for ransom, and the defendant craig ross jr. is behind me at the correctional facility, and he is innocent until proven guilty, but the case began to break at 4:20 in the morning yesterday, because the family, they were staying at the camp site where she had gone missing saturday. at the same time, state law enforcement were looking at the home and surrounding it just to make sure it was secure. somebody drives up, and they put a letter in the mailbox, and that person according to the law enforcement and the prosecutors at this point was the defendant. they knew they needed a fingerprint, because they realized, it was a ransom point, so they got the print and the hit at 2:15 in to a afternoon yesterday, because of a 1999 dwi arrest, and that led them to his home who lived with his mother in a trailer, and swat teams last night swarmed the trailer. they found the defendant. he resisted. minor injuries and they gained control and got him under arrest and they found that 9-year-old little girl in a cabinet. she was reunited with her family, and they have just issued a statement saying that they are thrilled. they are thanking law enforcement, and they have their daughter home safe. >> well, she is home safe, and that is so important, and so much more to this. jean casarez, thank you for being with us. we appreciate your reporting. kate? come up for us "we are not saving speaker" some of the words of the progressive democrats in the house, but is that just for now as we are watching chaos unfold among the house republicans at this moment. with kevin mccarthy's speakership in real doubt which would effectively paralyze the house of representatives. we will take you back to capitol hill next. all right. moments ago, melanie zanona said that jeffries is not going to ask the democrats to help out speaker kevin mccarthy, and so his fate is going to rely on the republicans. >> let's bring in cnn's manu raju and david chalian for more on this. manu, what is the latest that you are picking up? >> well, kevin mccarthy does not simply have the votes to remain as speaker of the house, unless something dramatically changes here. his speakership is in serious jeopardy and this is going to have implications for the house, and the congress cannot move forward until a new speaker is elected and this playing out in realtime. and now, there are more than five republicans in the house who plan to vote against him, and he can only afford the lose four, and that means that he needs to rely on the democrats, but they have no interest in saving kevin mccarthy. they have just had a closed door meeting and one democrat after another stood up to say they will not save him. hakeem jeffries indicating as much saying that the public comments suggesting that there is no reason to get behind ending what he is calling a republican civil war. i caught up with ted lu, a member of the democratic leadership, and he said that he is ready to eject kevin mccarthy, and democrats will be in line. >> the leadership put out the facts, and the caucus heard from a lot of members, and it is clear that the caucus knew exactly where it was. we need a functioning government. and speaker mccarthy has shown that he cannot govern. >> so, the next steps here are in the 1:00 p.m. eastern hour, and 1:30 is when the council is going to convene a vote to try to stop matt gaetz' effort to block what matt gaetz is doing is expected to fail. then this afternoon, they will have a vote to oust speaker mccarthy, and then it is going to be successful, so that means for first time in american history, a vote on the house floor to eject a speaker, and at that point, a speaker race today or tomorrow to find a new speaker, but kevin mccarthy is going to fight this, and he could be up for the speakership again and voting, voting, voting until someone gets a majority of the house. >> these are explosive details when you think of what could happen today and potentially the last day that mike mccarthy is the speaker. >> no, kevin mccarthy. and mike mccarthy is still unfortunately the coach of the dallas cowboys. >> and kevin mccarthy is the speaker. and no heir apparent at this time that we have heard from the person who is going forward with this vote we belief. manu raju, thank you. david, all jokes aside, when you look at this, some people see this as dysfunction at its absolute worst in congress. what does this mean to the american people where they are watching this unfold. will this cripple congress as they try to figure out who the speaker is? >> it's interesting because you actually hear the dysfunction critique, forget from the american people, but you hear it from both sides of the aisle. thes vast majority of the republican conference is supportive of kevin mccarthy. and they are claiming that matt gaetz is causing total dysfunction in the congress by moving ahead with this motion to vacate. democrats are portraying the republican party as dysfunctional and kevin mccarthy unable to lead a functioning congress. which serves their plolitical benefit. there are a couple things important to note here. as manu said, barring a dramatic change, we're only four days away from the last dramatic change in congress when the shutdowns was avert ed. i'm not suggesting that will happen, but we have to remain aware this is a live, moving situation as kevin mccarthy's fate gets decided here. on the democratic side, you heard them refer to the caucus leadership putting out the fact pattern to the democratic caucus and how they talked through things. democrats i have spoken to can't get past a few things. one, kevin mccarthy in the aftermath of january 6th, initially questioning whether or not donald trump should be remaining in office and his culpability in the january 6th insurrection and the lead up to it and his telling of the lie about the 2020 election, and then within days, heading down to mar-a-lago, turning on a dime, committing to stay loyal to trump, meaning his conference to stay loyal to trump as well. that's a defining moment in american history, and it's certainly a defining moment in kevin mccarthy's leadership of the republican conference and in the house more broadly, that is not going to be lost on democrats from what i'm hearing. that's a key moment as well. and obviously, he also just launched an impeachment inquiry into joe biden just a few weeks ago, which has yet to produce evidence of a direct connection of joe biden to hunter biden's business dealings. there's some kind of corruption allege d by republicans, even from their own witness, they say that hasn't been proven yet. yet, it's hard to imagine democrats saying how they could get to a place to support kevin mccarthy staying in his role in some way, even though they see him calling for what they perceive to be a totally illegitimate impeachment inquiry. it's not hard to understand. democrats would be at total odds with their voters if they were to move ahead and save kevin mccarthy. i don't think we should be too surprised what came out of that meeting today. >> we all take a step back, i think one of the first reactions should be, wow. wow. as we stand here right now, if the vote were taken right now for the first time ever a house speaker would be ousted would be kicked out. things could change, but we're on a course for that historic moment. it's not democrats seeking mccarthy, it's democrats saying they are not going to step in and save him. it's a vote within the republican caucus that will sink him. our thanks to both of you. so much going on. we're going to take a quick break andling brink you the latest, right after this. the supreme court is back for a new term and the growing list of cases could transform the scope of the federal government, voting rights, public safety, and free speech. jessica snyder is crtracking al of the major cases the court is expected to take up. what should we be watching for? >> we're really seeing the court visit a lot of consequential issues like gun rights, like the power of federal agencies. the court just prepped arguments about the funding structure of the consumeer watchdog agency, that actually the court strikes down the funding structure, it could have a ripple effect of the power of other agencies. this will be a term we'll see how much further the court is willing to go. we'll see big cases like a gun rights case that will be argue ed next month. it's a federal law that says people to domestic violence restraining orders can't own guns. one court struck it down. we'll see if the supreme court agrees. we're also looking at cases about social media, whether states can step in and tell platforms that i they can't restrict certain content. more cases on the power of federal agencies, and then we're looking to see if the court is going to take up this case about the abortion pill, whether the fda properly approved it more than 20 years ago. that will have big ramifications because more than half of the abortions in the country are done witho that abortion pill. a lot of consequential cases in the weeks ahead. >> those are cases that touch