john and sandra. good afternoon. it's a wet friday. i'm martha maccallum. thanks for joining us. we have a big line-up for you this hour. we begin here in the northeast where sandra was just saying millions of new york city residents are being urged to shelter in place at this hour as torrential and life-threating rain causes huge highway tie-ups and subways are flooding in new york city. there's hundreds of flights that have been cancelled or delayed at this point. katie byrne reporting live from hoboken, new jersey just across the river. high, katie. >> hi, martha. a lot of people that were able to make it in to the city or to hoboken for work this morning are now wondering how they'll get home. we have roads submerged in water here in hoboken. if i step out in the street, the water gets deeper. we've been here all day. the water has not receded much at all. it's one of those days that you can't get around hoboken by car. i've talked to a lot of commuters. we're by the train station here. some told me that they started out this morning driving to work or to school to drop off their kids. they realized they were in bumper to bumper traffic. they couldn't move. they took the car back home and now people are just deciding to walk or bike to wherever they have to go. ronnie carr, he was able to make it in to hoboken for work by train. now he's worried about how he will get home later. >> chaos. can't get in to hoboken at all. you had to park in newport to get in to hoboken, to get to where it's a snafu. >> so as far as new york city goes, brooklyn and queens are really the target as far as flooding from what we've seen from visual there's. we've seen water rushing in to subway stations. things have improved a little bit but it's a mess getting anywhere people are trying to go. we know the winner as far as rainfall totals, that's in brooklyn. they are getting more than seven inches of rain and it's not over yet, this is one of those situations where you had a messy morning commute and a messy evening commuted for people because the rain is likely still to be coming down, martha. >> martha: katie, thanks very much. what a wet september we've had in the northeast. also today at the southern border, another 10,000 migrant encounters in the last 24 hours. president biden of course had an opportunity to see this crisis first hand. he was in arizona yesterday. he did not choose to take that opportunity to go there. leaving others to fill that void. like elon musk. the world's richest man and the ceo of texas-based tesla on the ground speaking with officials there including texas congressman tony gonzalez. he live streamed a big chunk of this visit. take a listen to this. watch. >> of the people that don't qualify for asylum, how are sent back? >> zero. at best, they will send people to other parts of the border. that's not back to the country of origin. that's laredo or el paso. worst case scenario is where they're at. you bubble to a point where there's no where else to send them. you release them in to the street. >> that means that they have murdered someone if they have tattoos. they're proud of murdering someone, that they tattoo a tear on their face for every person that they kill, is that correct? >> that's right. >> and this person just claimed asylum and we just let them in. >> let them in? >> a serial murderer that is proud of their murders. this is insane. >> the administration is attracting these folks to come knowing full well they're not going to have any -- it's a dead end road that they're going down. >> this sounds like complete madness. >> it is. >> as an immigrant, i'm pro immigrant. i believe that we need a greatly expanded legal immigration system and that we should let anyone in the country that is hard working and honest and will be a contributor to the united states, but then by the same token, we should not be allowing people in the country if they're breaking the law. >> martha: yeah. sounds like he gets it, right? we're told he spent 2 1/2 hours there. president biden has spent about four hours, not on the border but far away from this area during his entire presidency. let's bring in our panel outkick founder clay travis, former utah congressman and fox news contributorer, jason chaffetz and mark penn, former clinton adviser and chairman of the harris poll. great to have you with us this afternoon. you know, clay, i want to start with you. we saw president biden on the picket line the other day. so obviously the president has choices about where he wants to spend his time. what do you think the impact is of elon musk spending this time there looking at what's going on, talking to people on the border and making sure millions of people see this on x? >> i think it's huge. and i give a tremendous amount of credit to elon musk. think about what he's done, martha. he has simultaneously looked around and said you know what? i think i can spend rockets to space better than nasa. i think i can build cars better than g.m., ford and chrysler. he's done both of those things. for people that say why is he focused on texas, he moved much of his production in terms of the business side of his industry, tesla, for instance, to austin and he's down on the border with spacex, which is one of those places where they're constantly sending off rockets. what does it say that i bet a huge percentage of people that are watching us right now would, if he were eligible, be happy to vote for elon musk to be president of the united states? because if he can send space ships to space better than nasa can and if he can build cars better than any car company in the world can, i feel like he could probably solve thiss issu at the border. joe biden is a disaster on crime and inflation and a disaster on lots of things. the only thing he's managed to do is unite americans that he's a bad president. according to the most recent poll, 77% of americans disagree with the way he's handling the border. so the reason why he's not going there and the reason why he's not addressing this is he's trying to pretend it doesn't exist. the problem is americans are all seeing it because of trips like the one elon just took. >> martha: yeah. jason chaffetz, looks like there's an opportunity to talk about the border in this stop gap bill perhaps. but it's going to be difficult. because listen to this exchange between congress woman presley and jake tapper, a big divide in what's going on. >> no doubt about it, our border is secure. and we're in the midst of a humanitarian crisis. we have to fix a broken system. >> you think it is secure? you think the border is secure or it is not secure? >> i believe that with are in the midst of a humanitarian crisis. >> do you think the border is secure? is that what you said? >> martha: i mean, it's funny. you have to laugh. it's not funny, jason. your thoughts on this. then we'll get to mark. >> well, she's just parroting what the white house is saying. the white house is saying this is the secretary of homeland security, the president himself. i would note that joe biden had an opportunity to go to east palestine. didn't do that. had a chance to go to the border. didn't do that. he went to fund raisers. that's where he spends his time. so this crisis is not going to get the highlight from the white house. they are investing in this. they want these people to come across the border. it's human trafficking. it's drug trafficking. it's happening at all time record high numbers. you know what? the mayor of new york city understands it's not secure. the major of chicago understand it's not secure. these are out liers. >> martha: obviously the white house has tried to make it seem like this isn't happening. you can see that number. 77% upset about what is happening at the border. elon musk bringing more attention to this. how damaging is this politically? >> i think the president has to do something about immigration. 36% give him an approval rating on that. 71% say it's getting worse. 56% say we have an open border now. these are really serious numbers. it's the number 4 issue in the country. it's the number 2 issue after inflation with republicans and independents. so i think the numbers are daunting. i think the administration has got to enact some policy change here. >> mark, real quick, you think he could lose the election over this issue? >> i don't know if it's going to climb to number 1. yes, this could be the pivotal issue here, which is why if you're running a re-election campaign, these numbers are just too big to ignore. i think he should get down there to the border as elon musk has done today. interesting musk went down there. a lot of government agencies seem to be after him these days. he's still standing up there and exposing what he thinks is government malfeasance. >> martha: fascinating, honestly. mark and jason, thanks very much. clay travis, good to see you. thanks very much. joining me now is republican senator james langford from oklahoma. he's a member of the homeland security committee, ranking member of the subcommittee on border management. been to the border many times. senator langford, good to have you here with us. what did you make of elon musk's visit? >> yeah, he's amping up the volume on it. we've known the biden administration allowing murderers to come in. we know they're not doing criminal background checks. they're trying to identify are they on our terror watch list. that's the only thing they're trying to identify and not deter people from coming but to move them across as fast as they can in to the interior of the country. all of those are things that elon musk was highlighting but none of that is new. he's done that three years. numbers just get larger and larger as the folks that came in a year ago text back to family members and say here's the cartel i paid, here's the place i crossed. come join me. you can come live with me now. the numbers are snow-balling. >> martha: absolutely. musk is able to bring attention to it. most of these things have been out there. we've been talking about them. you all have been talking about them as well. he's also touching on a point that is resonating with some conservatives in particular about the ukraine war. here's what he tweeted on this yesterday. he says why do so many american politicians from both parties care 100 times more about the ukraine border than the u.s. border? what do you say to that, senator? >> i'd say that we are the united states of america. we've got to care about both. we don't want but on the slaughtering his neighbors. we've seen that movie before. what happens with the war in europe and how they get drawn in to it. also we're the united states. we should take care of our own border. that's the basic principal of every country, we have to guard our border. >> martha: senator langford, thanks very much. good to have you with us today. >> good to see you. >> martha: coming up, we'll speak with congressman dan crenshaw with his solution to deter illegal entry in to the united states in his home state of texas when we come back with more on "the story." psoriasis really messes with you. try. hope. fail. no one should suffer like that. i started cosentyx®. five years clear. real people with psoriasis look and feel better with cosentyx. serious allergic reactions, severe skin reactions that look like eczema, and an increased risk of infections, some fatal have occurred. tell your doctor if you have an infection or symptoms, had a vaccine or plan to, or if ibd symptoms develop or worsen. best move i've ever made. ask your dermatologist about cosentyx®. ♪ we're not writers, but we help you shape your financial story. ♪ we're not an airline, but our network connects global businesses across nearly 160 markets. ♪ we're not a startup, but our innovation labs use new technologies to help keep your information secure. ♪ we're not architects, but we help build stronger communities. ♪ we're not just any bank. we are citi. ♪ the power goes out and we still have wifi to do our homework. and that's a good thing? great in my book! who are you? no power? no problem. introducing storm-ready wifi. now you can stay reliably connected through power outages with unlimited cellular data and up to 4 hours of battery back-up to keep you online. only from xfinity. home of the xfinity 10g network. >> martha: senator dianne feinstein, the longest serving woman in the u.s. senate trail blazer, clearly in her career, shattering glass ceilings in california and in the nation's capitol. she passed away at her home in washington d.c. just hours after she cast her final vote. here she is yet on the senate floor with the help of a staffer to vote one last time. senator dianne feinstein. governor gavin newsome saying he would appoint a black woman if feinstein could not finish out her term. he's not commented on that today. he has paid tribute to her as a friend and as a political giant. former white house press secretary, ari fleischer standing by. first to chief congressional correspondent aishah hasnie live on capitol hill. high, aishah. >> hey, martha. good afternoon to you. there is still such sense of shock right now here on the hill because as you mentioned, senator feinstein was just here at the capitol a few hours ago. in fact, when i told senator marco rue yes about the news, he gasped and said i hope that's not true. chuck schumer tearing up on the senate floor this morning. feinstein was a trail blazer, martha. first elected to san francisco board of supervisors and the board's first female president. it was she that discovered san francisco's mayor and the supervisor murdered by a former colleague. that shaped her views on gun control. she became the first mayor of san francisco serving two terms and a united states senator in 1992. >> the midst that women can't play in the big leagues is perhaps pierced once and for all. >> yeah, she did. this morning former speaker nancy pelosi and the house delegation took a moment on the house floor to honor her. it's important to note here that feinstein had friends and deep respect across the aisle. perhaps more support from republicans in these final days as democrats were calling on her to step down. no word yet on whether or not feinstein will be lying in state here at the capitol. we wait a word from her office. martha? >> martha: okay, aishah. thank you. aishah hasnie on capitol hill with that, we bring in ari fleischer, now a fox news contributor. great to have you with us today. your reaction to this. the larger meaning of the passing of senator feinstein. >> i think the larger meaning is in this very polarized age where it's hard to find anybody that will say anything kind or nice about anybody in the opposite party doesn't really require a death for us to do that. that's what i find sad here. dianne feinstein served with honor and dignity. she represented a philosophy that i don't believe in, but she did it because it's who she is and what was in her heart. and i like to see this kindness back on capitol hill. not everything has to be bear knuckled fight and clash. she's a reminder of that. >> she certainly is. i was looking at the tributes today from marsha blackburn, condoleezza rice with photos of them together having worked together on a number of things across the aisle. it reminded us also that she was condemned by people in her own party for saying this after the amy coney barrett confirmation process was over about her colleague, senator graham. watch this. >> i just want to thank you. this has been one of the best set of hearings that i've participated in. it leaves one with a lot of hopes, a lot of questions and even some ideas perhaps, good bipartisan legislation that we can put together to make this great country even better. so thank you so much for your leadership. >> martha: yeah, she was criticized for her colleagues for saying that and suggested it was time for her to go, ari. >> yeah, this is where leadership comes in. either your cut from that cloths and you want to bring people together or you don't. there's a few of them when they say it they mean it. they vote by it and speak like that. so it is the passing of a former era i think with every dianne feinstein that leaves the scene there's very left that govern the way she did. >> martha: what's in the future for california? obviously there's an opposite. governor newsome said he would appoint a black woman for that role. how do you see that shaping up? >> it will certainly be a democrat appointment and a democrat that will win that seat. i don't see any chance of a republican winning it. but this black woman? why isn't it just he'll appoint the best senator? that's what he should say. >> martha: well, we'll see what he does. he said that awhile back when it was something that we were hearing from other politicians at that time as well. we'll see what happens. thanks very much. good to have you with us as always. >> thank you, martha. >> martha: a controversial ruling from a judge in new york has put former president trump at risk of losing some of his most iconic properties, including the tourist destination in new york, trump tower. andy mccarthy has very outspoken thoughts on this. he joins me next. it's because of tiktok that i had to go out and get a website. i'm at a point now where i've outgrown my house. growing up, every me i'd get out of the shower, i would itch. my first experience with goat milk soap, it kinda was like a light bulb moment. tiktok is a fantastic platform for diy. if you'd have told me three years ago that i would own my own business and be expanding into a separate building, i would've told you you'd lost your mind. 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faces 91 counts across four criminal cases right now. a separate civil case will go to court now according to a judge's decision yesterday this monday in two days. the witnesses could include president trump, his two oldest sons, don jr. and eric who have both been involved in his business dealings, the former president is accused in this case of financial fraud. he claims that he has done nothing wrong. his lawyers say that they will absolutely appeal this case. trump could in this case lose the famous trump tower and many of his iconic new york properties. former federal prosecutor, andy mccarthy calls that the corporate death penalty. has a lot of questions about the legality of this case. he's standing by. first to lauren green reporting live from new york. hi, lauren. >> hi, martha. of all the lawsuits against donald trump, this one targets his core identity. his real estate empire. yesterday a new york appeals court judge rejected the former president's bid to delay the civil case brought by the state attorney general. the nonjury trial will start monday. the $250 million case brought by letitia james is against trump, his elder sons, eric, donald trump jr. and other trump executives. it accuses them of fraudulent business practices. tuesday the judge agreed ruling that trump committed years of fraud by overestimating his real estate holdings, accusing him of misleading asset evaluations, including value of his mar-a-largo estate in florida overstating its value by as much as 2,300% on one financial statement. >> this investigation revealed that donald trump engaged in years of illegal conduct to inflate his net worth to achieve to deceive banks a and the people of the great state of new york. >> trump has called this a political witch hunt. it's one of six cases both civil and criminal he's facing. in this case, the punitive penalty is only the start. the attorney general seeks to permanently bar trump from serving as an officer or director of any new york corporation, registered and/or licensed in the state and also bar him from acquiring real estate for five years. >> this is a vindictive and self-serving fishing expedition, the like this country has never seen before. >> trump is not required to attend the trial but could be called as a witness. the trial is expected to last threw the month of december. martha? >> stunning. lauren, thank you very much. let's bring in andy mccarthy, former u.s. assistant attorney and a fox news contributor. i read through this. i'm trying to understand it. first of all, who is the injured party here? it says that he deceived the banks and the people of the state of new york. explain, if you can. >> this is the problem, martha. nobody really wants to see. there's not a single victim here. there's not a single transaction where they can bring somebody in that said, you know, trump missed a payment or he didn't pay an insurance premium or some loan he didn't pay back. nobody got to see. the important thing here to bare in mind other than the monstrousness of this statute where you can basically ruin somebody on the basis of no proof of fraud, no proof of fraudulent intent, no proof of fraudulent impact. the thing to bear in mind is when you're playing in the league that trump was playing in, everybody is a sophisticated financial actor. so you know, if i go in and i say i'm worth $2 billion, they don't like take my word for it and say if you say so. they do their due diligence. that's undoubtedly the reason why nobody actually got taken here. >> exactly. that's what i find so shocking about this case. because these are banks and insurance entities that have valuation groups. that's what they do. so when somebody comes to them for a loan and says my property is worth x, they check it out. they don't just take their word for it as you rightly said, andy. the mar-a-largo valuation, i think, the judge sounds like he was way off. you can find like a small house with three bedrooms that goes for $18 million these days in palm beach. that's a 21 acre property. but you know, so my question is, let's put on the screen the new york properties that he may lose. what is at stake here for him? >> well, everything, martha. he can't -- he won't be able to do business in new york. as lauren said, the major part of the case -- this is like alice in wonder land. a major part of the case that is going to trial monday is already over. he lost. the judge ruled against him on one cause of action, which is the biggest one in the case. entered summary judgment for the state. they want to take away and are taking away his it is certificates of doing business. now we have the trial where he's looking at other counts. these are causes of action in a civil case. in the end, he could lose $250 million in damages, but also lose any ability to do business in new york where his business conglomerates has been head quartered for decades. >> martha: i want to play this sound bite from 2018, this is letitia james. watch what she said. the judge said very negative things. watch this. >> i say one name. donald trump. that should motivate you. >> will you sue him for us? >> we're going to sue him. we're going to be a real pain in the ass. he's going to know my name personally. >> martha: yeah, that's lovely coming from an attorney general. so what happens here? does the supreme court look at this case potentially? it seems very unusual, andy. >> yeah, i would say martha, let's say you had a criminal case. that's my size of the street, right? if you had somebody that jay walked or committed some petty offense and you sentence them to 20 years in prison, the lawyers would be right in to the appellate court saying this was an eighth amendment violation. the punishment was so out of whack compared to what the offense was that that shouldn't be able to stand constitutionally. to me, this is the civil version of that. you have a situation where nobody got harmed. as far as letitia james is concerned, the prosecutors looked at that and decided even in new york that they couldn't bring a criminal case based on this stuff. >> martha: andy, i have to jump in. we have breaking news. thanks so much. great to have you with us today. i want to go to this that is breaking right now. a suspect, 27 years later, a suspect has just been arrested in the 1996 killing of rapper tupac shakur. the las vegas police department providing an update. let's listen in. >> it has taken countless hours, really decades, of work by the men and women of our homicide section to get to where we are today. several of nose detectives standing here with us include detective cliff maug, the lead detective on this case. he's now retired. while i know there's been many people that did not believe the murder of tupac shakur was important to this police department, i'm here to tell you that was not the case. it was not the case back then and it is not the case today. our goal at lvmpd has always been to hold those accountable and responsible for tupac's violent murder accountable. every single victim, every life that is lost is important and remains a priority to this police department. as we built this case to move forward with an arrest, it was also important that at the same time we're building towards a successful prosecution. we work closely with our district attorney, steve wolfson and his office to ensure that is going to happen. mr. davis' own words reinvigorated our case in 2018. i'll give you some details. i'll introduce our homicide lieutenant, jason johansson. he will provide you many of the details on how we got here today. lieutenant? >> thanks. i'm jason johansson. tim homicide lieutenant with the las vegas metropolitan police department. my goal here today is to walk you through our investigation and what led us to the indictment of dwayne davis, also nonas kvd for the murder of tupac shakur. this case has been reviewed by our homicide team and detectives 2 1/2 decades. ultimately our persistence in this investigation has paid off. let me walk you through a timeline of events that as we know them right now. prior to september 7, of 1996 as we all know, tupac shakur was an artist that signed with death row records. death row records and its ceo, marion shug knight with closely a failated with the criminal street gangs. they had an ongoing feud with the south side compton crypts. dwayne davis was the leader of the compton crypts. both of these gangs operated out of the southern california area of compton. on the night of september 7, 1996, tupac shakur along with shug knight and the members of the mob pyru came to vegas to attend the mike tyson fight at the mgm grand. many members including gain davis along with orlando anderson were also in attendance at the same event. as both were leaving the fight, members of death row records spotted orlando anderson near an elevator bank inside the mgm and at that time they began to kick and punch him near that elevator bank. i will now show you hotel security footage as many of you have seen related to this incident. on this incident, you will see tupac shakur wearing a shiny satiny shirt along with marion shug knight, a large man in a brown suit punching and kicking orlando anderson. following this incident, you'll see hotel security intervene and then they will leave the area of the fight. little did anyone know that it is this incident right here that ultimately will lead to the retaliatory shooting and death of tupac shakur. following this incident, tupac and shug knight left the mgm to make their way to a post fight party, which was to occur at a local nightclub. at the same time, word had spread among members of the south side compton crypts of what occurred in the mgm and that's when dwayne davis began to device a plan to obtain a firearm and retaliate against shug knight and mr. tupac shakur. after davis obtained a gun, he entered in to a white cadillac along with terrence brown, deandre smith and orlando anderson. based on our investigation, this is where we know that they were seated. at some point in time as they are in the white cadillac, mr. davis took the gun that he had obtained and provided it to the passengers in the rear seat of the vehicle president as they were both driving west on flamingo road, they located the black bmw which was driven by shug knight and the passenger seat was tupac shakur. as they turn around, they pulled up near the passenger side of that vehicle and began shooting at mr. knight and mr. tupac shakur. foleying that shooting, the white cadillac fled. after our officers arrived on scene, tupac was transported to the university medical center where he was treated medically and died approximately six days later on september 13. my homicide section handled this investigation from its on set and for a short amount of time and within a short amount of time, what we knew is we were working a gang investigation where our victims, our witnesses and our suspects were all from southern california and not local to las vegas. within the first few months of the investigation, our detectives knew most of the information i just briefed you on. however, we never had the necessary evidence to bring this case forward and present it for criminal charges. as time went on, this case had been reviewed multiple times by different investigators assigned to my section. it wasn't until 2018 that this case was reinvigorated as additional information came to light related to this homicide. specifically duane davis' own admissions to his involvement in this homicide investigation that he provided to numerous media outlets. in our section, we knew at this time that this was likely our last time to take a run at this case to successfully solve this case and bring forth a criminal charge. it was at that time that this case was assigned to cliff maug a detective in my homicide section. over the last five years this -- my section worked closely hand and hand with the clark county district attorney's office and followed a systematic investigative plan over the last five years. we've conducted countless interviews and corroborated numerous facts that were not only consistent with the crime scene on the night of the incident but also corroborated with the sequence of events that night. this ultimately led to us procure ago search warrant, which was executed at mr. davis' residences in helpeder son, nevada. following that search warrant, in close coordination with the district attorney's office, this case was presented to the grand jury, which ultimately led to davis being indicted on the charges of murder. before i hand it off to the district attorney's office, i would be remiss if i didn't think that detective maug and all the other detectives assigned to this case and reviewed this case, but the other detectives that assists us in this investigation. they know who they are. thank you very much for all the assistance you provided. it doesn't go unnoticed. lastly, one of the most important things in my opinion is that we need to make this be a reminder that the charge of murder does not have a statute of limitations. this agency has been and is invested in solving our cold case homicides so that we can bring closure to the families and justice for the victims of homicide. with that, i'll turn it over to the clark county district attorney, steve wilson. >> thank you lieutenant johansson. i'm steve wolfson. justice delayed is justice denied. it's a quote that we hear when talking about our legal system. but not in this case. today justice will be served in the murder of tupac shakur. i'd like to involve the relentless work of the police department homicide detectives. we've mentioned detective cliff maug in times. we can't mention his name enough. he's the detective that brought this case here today to you. a clark county grand jury has indicted duane keith davis with one count of open murder with use of a deadly weapon with a gang enhancement. davis will appear in court in the next few days or so for a hearing to determine his custody status and to set a jury trial date. this grand jury has been receiving evidence for months and has determined there is sufficient evidence to justify the filing of this criminal indictment. i've assigned two top prosecutors, mark dejacamo and manu palal to prosecute this case. a lot of people have been waiting and watching for this days. tupac shakur is a music legend. a long time this community and worldwide have been wanting justice for tupac. today we are taking that first step. tupac was actually quoted as saying, "death is not the greatest loss in life, the greatest loss is what dies inside while still alive. never surrender." we didn't surrender thanks to the great work of the las vegas metropolitan police department under the leadership of sheriff kevin mcmahill, lieutenant johansson, retired detective cliff maug. i'm proud to announce the return of this document. this is the indictment we've been waiting almost three decades for. it spells out the facts and circumstances and what justifies a clark county grand jury in returning an indictment. justice will be served. thank you. >> thank you, steve. i'd like to say that the las vegas metropolitan police department homicide section, year over year, solves over 90% of the homicide that occur in our jurisdiction. you won't find that anywhere else in the united states. for those family members that have lost somebody that we haven't solved that case, i want you to know just like in this case, we won't give up. i also say to you that as we began, we're going to take a couple questions. i want you to remember in your questioning that this investigation, subsequent arrests and now indictment is only the beginning of the process. we are committed and invested in ensure ago successful prosecution moving forward. with that, we'll take any questions you might have. >> have you been in touch with the shakur family, anybody here today and if so, can you characterize what they told you? >> the family has reached out to my office. i imagine also to metro. we've been in communication with them. we understand that they are welcoming this news. they are pleased with this news. they are certainly aware of the return of this indictment. >> you anticipate them being at court for arraignment of mr. davis? >> i don't think they'll be at the arraignment. that is a relatively short hearing. i know that they will be involved. they'll want to be apprised. >> can you talk about any of the statements that may peak your curiosity? >> we won't talk about any particular statements. maybe he can address that globally. >> what all say is, there's a lot that will come out when it comes time for trial. he provides his own series of statements that are very consistent with the evidence that we have on the scene, that we've obtained through our investigation. i'll leave it at that. >> can you identify anything that came from the raid -- the warrant in july that you didn't know before? >> yeah. that's a good question. what i'll say about the search warrant that we did in july that we obtained information or evidence that corroborated information obtained through our investigation. i'll leave it at that until we go to trial. >> hello. i know that this was obviously a beg move. is there anyone else being looked a at that point? a lot of people have passed away. is anybody else being looked at as part of this investigation? >> as i stated earlier, in this case, the only living suspect related to this investigation is duane davis. all three other suspects are deceased. >> thank you. steve, can you talk about the murder charge if he's not the one believed to have pulled the trigger? >> yes. well, under nevada law -- this is the law in most states in this country -- you can be charged with a crime whether you're directly involved or directly an aid or abetter. we have an aiding and abetting statue. that provides if you help somebody commit a crime, you can be equally as guilty. two guy as agree to commit a bank robbery. one goes in a bank with a gun and commits the robbery. the other guy is the get-away driver. never went in the bank. he assists the guy that went in the bank so he's equally guilty. that is one of the theories in this case as well. >> do investigators believe that davis was the only person behind the plan to kill tupac or was he one of multiple people that came up with the plan? >> i think the best way to characterize that, duane davis was the shock collar for this group of individuals that committed this crime. he orchestrated the plan that was carried out to commit this crime. >> can you say how he obtained the gun? >> we know that he obtained it from a close associate. a lot of the actual details of who specifically will come out at trial. he obtained it from a close associate. >> thank you. >> martha: all right. some very big developments there in las vegas. this is a crime that took place on september 7, 1996 after a tyson fight in las vegas. shug knight and tupac shakur got into a fight at the casino as they were leaving in the lobby area, which they just showed the video of. there was an altercation. there's stories about a necklace that was stolen during the midst of that altercation. shug knight and tupac shakur got into the vehicle. what water hearing from the prosecutors is that duane davis, who they have long suspected in this murder, purchased a gun with three other individuals. they went out and carried out the shooting on the street in front of the venue where the tyson fight. it was very dramatic. this will get a ton of attention. it was a long time coming and a suspect that they had their eye on for some time. very dramatic development in this case. the arraignment to come and the trial to follow for duane davis, someone that they have had their eye on for a really long time. meantime before we leave you today on "the story," we want to take another look at eagle pass, texas after elon musk's trip to the border there to see for himself what was happening. calling it insane and a complete madness, which a lot of people can agree with when you look at this situation unless congress woman presley who thinks there's no problem there. we're talking the dan crenshaw, a brand new dad and on the house intelligence committee. great to have you with us today. your thoughts on what we've seen with elon musk visiting. how much impact does something like that have? >> elon visiting, i guess that's great. it's hard to imagine that every american doesn't know what's going on here at this point. it's a popular issue. if you say should we secure the border, a vast majority of americans will say yes. this is not a problem of the american people. we need the american people to vote differently and vote people out of office that aren't willing to fix it. biden comes to the top of mind there. so look, it's a problem with policy. it's a problem with the biden administration refusing to do their lawful duty and implement the laws of the land. they have implemented and illegal parole program that is causing record levels of illegal crossings. we've been talking about this for years and years. it's the same problem over and over again. you have to disincentivize it. but republicans have to act like adults and win elections to change the policy. >> martha: so is there any hope of that happening during the course of this stop gap measure, debate that's going on and that they will perhaps see some coming together? give us a sense of where kevin mccarthy is at this point and what you think about it? >> well, glad you asked. we just had that vote on the stop gap measure. 90% said we will take a hard line on this and make the border the focus of it. if we're going to fund the government, the boreder is the focus. we're saying you're not getting a temporary funding bell unless we have our border security bill in there. that's what we put on the floor today. 21 republicans voted against it. they sided with democrats and voted against the hard line stance that would push our security bill to the senate? why? they don't know. they can't tell you. they took away our leverage. so now the only option is a clean continuing resolution while we try to finish appropriation bills. they sided with democrats and telling people different. this is unacceptable. a big missed opportunity for us. >> martha: dan crenshaw, conditioningman, thank you. good luck. again, congratulations. there's a lot going on. a lot of debate on capitol hill right now with this hanging in the balance over the next 24 hours or so. so thank you very much for being here, sir. thank you. >> thank you. >> martha: and do you remember this from monday? >> wind mills are causing whales to die in numbers never seen before. nobody does anything about that. they're washing up on shore. i saw it this weekend. three came up. they wouldn't -- you wouldn't see it once a year. now they're coming up on a weekly basis. the wind mills are driving them crazy. they're driving the whales i think a little batty. they're washing up on shore at levels never seen before. >> martha: all right. that was former president trump there. we have been reporting on the potential link between ocean wind turbines and whale deaths here on "the story" for months. there's a valid debate over whether or not there's a link. but some lawmakers and activists say we should put those projects on hold for now that drill in to the ocean floor before we have a really good investigation to whether or not this is having an impact on the whales as they industrialize the atlantic ocean to build wind turbines. that is what former president trump was talking about there. it is a real issue. here's how it went over on msnbc. >> the whales, if i'm following the logic, john, they're being driven crazy. they're giving themselves up to the beaches. >> i'm not sure how this works. wind turbines are above the water. whales are in the water. i'm not sure how they meet. >> martha: let's bring in michael shellenberg. good to have you. i'm sure you were very interested in this back and forth and the comments by the former president. he's shining a light on something you've been investigating deeply. what do you think? >> those msnbc reporter acted like there's a great mystery because they haven't done their jobs. they haven't looked at the science or watched our documentary. probably have not watched the trailer to it even though it presents very strong evidence that two major mechanisms are driving whales to death on the east coast right now. the first is the loud sonar mapping of the ocean floor separating mothers and calves resulting in the calves dying. the other is the boating industry which we have correlated to the death of the wales. all of this is in the documentaries. we've been having it out with government scientists. they have not been responding to us directly. they've been attempting to respond to the media. msnbc, they're not actually looking into the issue or behaving like journalists. they're showing their true colors. i was very happy to see former president trump shin a light on this. we need republicans in congress to do their jobs and hold hearings on this. this is the only way we'll get to the bottom of what's going on. >> it's a big topic. i have a little less than a minute. so, you know, this is an issue about green energy, whether or not it's cost-effective, whether or not some elements harm the environment. you think it's going to get more confrontational? >> yeah, we've spoken with republicans on the environment committee. so we are expecting hearings. everyone should call their congressmen around and demand there be hearing. we lose another whale, we could lose the whole species. this is the most important environmental issue in the world right now in my view. the government is really failing the species and failing the american people when it comes to taking care of our natural environments. >> martha: yep. well, i'm glad your digging into it. we've been digging into it. i don't know where green peace and a lot of these organizations that claim to care about the ocean, where they are on this at this point. they have been absent. michael shellenburger. >> worse than an sent. thanks for having me on. >> martha: thanks, michael. so a big game for coach deion sanders tomorrow. his buffalos taking on usc bouncing back from a tough loss against oregon after beating tcu to start the season. kickoff is tomorrow at noon eastern and it is on fox. so we will all be watching that game tomorrow. also a new episode of the untold story podcast is this week's debate moderator, dana perino. dana and i talked about the debate, talked about what happens now with the republican candidates and whether or not people start dropping out what the next focus is in the presidential race. check out the pad cast. thanks for being with us today. it's great to have you join store on this friday. i'll see you monday. have a fantastic weekend. take care, everybody. >> neil: what a day on the verge of a government shutting down an

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