best for this country. >> i do intend to file a motion to vacation against speaker mccarthy this week. we need to rip off the band aid, move on with new leadership that can be trustworthy. >> kevin mccarthy going head to head with congressman matt gaetz after the house speaker worked with democrats to avert a government shutdown. that decision leaves mccarthy politically vulnerable, so is the fate of his speakership now at the mercy of the democrats? plus, hours from now, donald trump is scheduled to appear in court in manhattan for the start of a civil trial scrutinizing his business practices. we'll break down what's at stake as the former president faces off against a judge who has already ruled that he's a fraud. and, california governor gavin newsom names a successor to fill the seat held by the late senator, dianne feinstein. what we're learning about that transition of power and how feinstein will be remembered on capitol hill. ♪♪ good morning. and welcome to "way too early" on this monday, october 2nd. we are in october now. i'm jonathan lemire. thanks for starting your day and week with us. and we'll begin this week in new york city where in just a few hours donald trump is scheduled to be seated in a manhattan courtroom for the start of a civil fraud trial against him. the former president arrived at his one-time home at trump tower last night, a building that could soon be taken away from him pending the decision of judge arthur engelrod. in a nonjury trial last week, that judge found that judge, his two oldest sons and his company are all liable of fraud in a case brought by new york attorney general latitia james. today, the punishment phase of the trial will begin where the former president could be fined $250 million and be forced to give up all of his new york state properties. on social media last night, trump blasted what he called a sham case and wrote that the judge should resign for his, quote, criminal interference of th 2024 election. although he is on the witness list for both the defense and the osution, it's unclear if trump wil testify at the trial. here is what he told nbc's vaughn hillyard on the campaign trail over the weekend. >> do you plan to testify? >> it's a disgrace. >> do you plan to testify? >> it's a rigged -- everything about this city is rigged and this country. it's all rigged. >> why did you overstate the size of your trump tower -- >> why do you read that? can't you remember it? go ahead. go ahead. >> why did you overstate the size of your apartment by $20,000 square feet. >> you said it was -- >> it's a rigged deal. >> could job to vaughn for pressing. the former president will have more on this later in the show. now to the other news of the weekend. the federal government averted a shutdown at least until november 17th. lawmakers averted a shutdown on saturday after managing to agree an stopgap funding measure to keep the government running for 45 more days. president biden signed the bill saturday night with just minutes to spare before the mid night deadline. but yesterday, biden warned of maga republicans trying to thwart the next funding deal. >> i'm sick and tired of the brinksmanship and so are the american people. i've been doing this, you all point out to me a lot, a long time. i have never quite see a republican congress or any congress act like this. this maga republicans brought us to the brink, threatening to default on america's debt for the first time for over 200 years. the maga extremists brought us to the brink, this time to a government shutdown, going back on the deal they made months ago, not keeping their word. enough is enough is enough. >> and let's be clear, this crisis was created by republicans and republicans alone. here is a look at what the spending measure includes. $16 billion for disaster relief. an extension of the federal flood insurance program. reauthorization for the faa. but no aid for ukraine. house speaker kevin mccarthy's surprise support of the bipartisan legislation sparked fierce criticism from hardline maga republicans. and the speaker responded by taking on the 90 members of his own party who voted against the measure. >> would i have wanted the bill we put on the floor yesterday that would secure our border, cut wasteful spending, yes, i did. but i had some members in our own conference that wouldn't vote for that. you have members in your conference that won't let you vote for appropriation bills, won't vote for a stopgap measure so the only answer is to shut down and not pay our troops, i don't want to be a part of that team. >> joining us now nbc news capitol hill correspondent ali vitali. alli, good morning. busy weekend. surprise announcement from mccarthy on saturday making this deal with the democrats to keep the government funded. but it's a temporary deal to be sure. lay the groundwork for us as to what sort of fights to do we expect to see over the next 45 days. >> look, first phone call i made over the weekend, jonathan, was to my mom telling her i'm not sure i'll be home for thanksgiving given the way this went and now the new cycle we're going into this week because many of us on capitol hill and in washington always knew the funding fight was first and however mccarthy got out of it, a motion to vacate fight was almost definitely going to be next. clearly now that's where we are. i think it's important to think how we got here. the way that speaker mccarthy is talking in the last ship that you showed is him speaking to the political reality within his conference which is he tried all of those different avenues to try to get members of his party on board to give him the leverage that he needed to go to the senate and get something done on a continuing resolution, plus something on the border. that was the initial plan that mccarthy seemed to really try to coalesce behind. he did try to do that. the strategy clearly was here put the plan on the floor and let republicans take it or at least dare them to. they very much took that dare and allowed those bills and rules to be tanked. now that's embarrassing for leadership. he brought this up in spontaneous fashion, making it a jam for democrats. they bought themselves the time they needed to make sure there were no poison pills in it. eventually they're the ones who helped not shut the government down, not the republicans that voted against it. and mccarp thi is now in the position of having to say i was the adult in the room. personally, i think that's probably a pretty good place for him. but nevertheless the reality as it stands is what it was all the way back in january, which is 15 rounds where the majority of the party was still behind the speaker and yet a few agitators against him can still hold that vote out and string the process along. that's the impasse that we're potentially about to come to this week now. congress in the house side coming back today. you have to expect that congressman matt gaetz is going to file this motion to vacate soon. he already said over the weekend that he was going to do it. and then a question is, who saves mccarthy? is it republicans or is it some democrats? >> yeah. let's get into that a little more. as you just mentioned, congressman gaetz of florida says he intends to file a motion to oust mccarthy potentially this week for supporting that legislation that prevented the shutdown. but those comments didn't seem to phase mccarthy. he shrugged off the threat yesterday. >> i'll survive. you know, this is personal with matt. matt voted against the most conservative ability to protect our border, secure our border. he is 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. let's get over with it and let's start governing. >> so ali, the threats to mccarthy have only grown in recent weeks, but the fundamental question remains, question i posed to you before and pose to you again now. if mccarthy is not going to be the speaker, who would be? who possibly can get the votes? >> exactly. and frankly who would want the job given what they've seen this man go through over the course of the last eight to ten months. but truly i don't know the name of the person that has enough consensus within the republican conference to get those votes. you have to manage that if gaetz is going to bring the motion to vacate, he might have his own ideas, but we also saw throughout those 15 rounds of balloting in january, there were other names that were put forward as place holders and the most votes they got were in the teens, certainly far from the 218 that you actually need to earn the speaker's gavel. this is where democrats come in. look, jonathan, because a few weeks ago we had congressman nickel on your show. i asked him would he be one of the democrats in a front line district in north carolina to step in a situation like this and save mccarthy's job? is the person they know in this role better than a person they potentially don't. for nickel and some other front liners it's entirely possible there's both political and also just sheer progress in congress upside to being one of the people who steps in. you don't get something for nothing in congress or in politics. you have to imagine there will be concessions. that's a live ball right now for democrats. >> it will be extraordinarily busy week on capitol hill. nbc's ali vitali, her thanksgiving may be in doubt but the halloween decor is up. >> oh, yeah. >> ali, we'll talk to you very soon. still ahead here on "way too early," the europeans managed to pull off their seventh-straight ryder cup win doing so over the americans yesterday. we'll break down europe's game-winning point and more. plus, california governor gavin newsom has made his pick to fill out the late senator dianne feinstein's term, but apparently newsom's choice is registered to vote in the state of maryland? those stories, more on sports and a check on the weather when we come right back. weather whe we come right back (all) ♪ toooo youuuuu! ♪ (sean) i wish for the amazing new iphone 15 pro! 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[ting] ♪♪ live in the moment. ask your doctor about otezla. we are unique among the world's armies. we are unique among the world's militaries. we don't take an oath to a country. we don't take an oath to a tribe. we don't take an oath to a religion. we don't take an oath to a king or a queen or to a tyrant or a dictator. and we don't take an oath to a wanna be dictator. we don't take an oath to an individual. we take an oath to the constitution. and we take an oath to the idea that america and we're willing to die to protect it. >> that was part of general mark milley's retirement speech which he gave on friday in which he appeared to take a dig at donald ump, saying the job of the u.s. military is solely to protect the constitution. milley was responding to a social media post a week earlier in which trump suggested that the outgoing chairman of the joints chief of staff be put to death for treason. turning to some of the morning's other top headlines now. california governor gavin newsom selected butler, the president of emily's list to fill the seat of the late democratic senator dianne feinstein. butler will be the third black woman to ever serve in the senate and the first openly lgbtq person to represent the state of california in the chamber. she will serve until the next regularly-scheduled statewide general election which is to be held in november of next year. butler led emily's list, which works to elect democratic women who favor abortion rights since 2021, when she became the first black woman to ever lead that organization. the democratic strategist was also an adviser to kamala harris's 2020 presidential campaign and currently resides in maryland, but according to governor newsom's office, she owns a home in california and will switch her voter registration. butler could be sworn in as early as tomorrow. birthday greetings continue to roll in from around the world for former president jimmy carter, who yesterday became the first u.s. president to turn 99 years old. carter celebrated the day at his home in plains, georgia with his family, his wife, children, grandchildren and great grandchildren. it comes seven months after the longest entered hospice care at his home. the former president still going strong. still ahead, we're switching to sports. we'll bring you the highlights from around the nfl, including a holding call that potentially saved the kansas city chiefs. plus, baseball's post season is set to kick off this week. we'll preview tomorrow's games. the post season is here. it's the most wonderful time of the year. we'll be right back. l time of e thyear we'll be right back. on your period, sudden gushes happen. say goodbye gush fears! thanks to always ultra thins... with rapiddry technology... that absorbs two times faster. hellooo clean and comfortable. always. fear no gush. there is a better way to manage diabetes. the dexcom g7 continuous glucose monitoring system hellooo clean and comfortable. eliminates painful finger sticks, helps lower a1c, and it's covered by medicare. before using the dexcom g7, i was really frustrated. all of that finger pricking and all that pain, my a1c was still stuck. before dexcom g7, i couldn't enjoy a single meal. i was always trying to outguess my glucose, and it was awful. before dexcom g7, my diabetes was out of control because i was tired, not having the energy to do the things that i wanted to do. 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(bright music) did have one catch. lawrence sidesteps the pressure there. throws to the end zone, touchdown. calvin ridley is involved against his former team. a 30-yard strike. >> to the right side of the field. cousins throws, picked off! and it could be trouble at the far sideline. sam franklin to the far sideline. cousins trying to track him down. he'll cut it back, get a block and go 99 yards! >> the explosiveness they've been looking for. speaking of explosiveness, derek henry, in the open field. derek henry is gone! vintage king henry for 29 yards and a touchdown! >> first and 10, play fake, pressure is coming. fields lost the football! cooper scoops it up, off to the races. and he will score! >> his team, and i think it's really something fun to watch -- >> second and six. josh looking down the sideline. it's diggs with another flag out. he is able to get away from those two tacklers and no one is going to touch him the rest of the way. touchdown, buffalo. >> one last chance. end zone, touchdown! on their last breath, it's doddson. >> 0 for 1 on 50 yard attempts this season. this one is on the way and it is good! >> from 54, for the win, on the way it is there! and the eagles remain unbeaten! >> those are some of the biggest plays from around week 4 of the nfl season, including the year's first game in london between the jaguars and falcons. a wild comeback by the broncos against the lowly bears. a statement win by the bills. pathetic shows by the patriots. walkoff touchdown for the rams. turning to last night's game. the jets and the chiefs. kansas city chiefs got off to an early lead thanks to this tight end. embattled jets quarterback zach wilson played pretty well. dragged his team closer the very next quarter, throwing that touchdown score to keep it a one-score game. fast forward now to the fourth quarter. chiefs have a three-point lead. quarterback patrick mahomes would get intercepted by jets corner back sauce gardner, you'll see it here, but the critical turnover, that's a scramble. they missed a holding call on that one. then on another play, they called a ticky tack pass interference call, you'll see it here that negated mahomes third interception of the game. jets have reason to complain. chiefs win, 23-20. turning now to baseball, which concluded the 2023 regular season over the weekend. in houston, the astros took on the diamondbacks and it didn't take long for third baseman to go deep giving the astros a 2-run lead in the jose abrayu would put it out of the park. they edged the texas rangers one of the most competitive divisions in baseball this season. saturday, the marlins took on pirates. jorge made it 3-2. josh bell would knock in two more with this blast off the top of the fence in the eighth inning. marlins would go on to win the game and secure a national wild card spot. the regular season now over, we have the mlb post season bracket all set. the best of three wild card series begins in each league tomorrow. we've got blue jays, twins in minnesota, rangers, rays in tam ta. diamond back brewers in milwaukee and marlins/phillys in philadelphia. also you're looking at a fantasy baseball champion. my first title in over a decade. thank you all. but we now want to get to some sad news out of the baseball world. the red sox announced yesterday that two-time world series champion and legendary knuckle baller tim wakefield passed away over the weekend. the 2010 winner of the row ber ta clemente sportsmanship and community involvement award. he was a beloved member of multiple championship winning sox teams including the 2004 team. they wouldn't win without him. tim wakefield just 57 years old. he will be missed. our thoughts to his family and friends. we go to rome now and the biannual ryder cup golf competition concluded yesterday. it was all europe. >> fifth eagle this week. and that is purely to get it down to the hole. and that will not be conceded. no chance. >> takes it again on home soil. >> that was englishman tommy fleetwood for europe over the united states. this after american ricky fouler conceded the hole to give europe a 15-10 lead. the europeans only needed 14.5 points to win the ryder cup. this is the american's team seventh straight loss while playing outside the united states. time now for the weather. and let's go to meteorologist michelle grossman for the forecast. he is anxious about her phillys this week. good luck to you. how is it looking out there? >> it will be warm. temperatures so above normal. summer-like in so many spots from the plains all the way east. we're looking at near 90 degrees in minneapolis. that's 24 degrees above what's typical this time of year. near 90 degrees in oklahoma city. memphis, houston. it's warm in pittsburgh, 81 degrees. that's 13 degrees above what is typical for this time of year. now back to the west, we're really cool, below normal, wet in spot. that will be the same story in tuesday, salt lake city, 15 degrees below average. tuesday to wednesday, fall like weather returns by the weekend. but still in the 90s in little rock, st. louis, dallas, houston, birmingham, upper 80s. same story in wichita. boston, 14 degrees above average tomorrow right around 80 degrees. now, this is a cold front back behind it. that's where we're cool and wet in spots. ahead of this cold front, we're really warm where i showed you these temperatures. along the front, looking at chances for heavy rain. two inches per hour. also looking a the chance of some mountain snow, blue and purple in there as well of the tail end of this front we're looking at the chance for severe storms in west texas. also new mexico into colorado. but this warm stays with us for the next few days. >> michelle grossman, thank you as always. still ahead here on "way too early" -- special counsel's jack smith's team is once again asking for a gag order in donald trump's election interference case. but will the judge grant the request? 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and if it does, how does it play out for trump? >> well, i think it will because it's not a gag order. what the prosecutors are asking for is the judge which is tell mr. trump that he has to limit some of this is statements that intimidate, that disparage or that inflammatory against witnesses, against court personnel, against prospective jurors. he can proclaim his innocence. he can publicly reference, you know, documents that are in the public realm. he just can't intimidate and disparage witnesses. and there's actually a local rule in the federal district attorney in d.c. that allows judges in high-profile criminal cases to limit the speech if it's intimidating or threatening. so, this is not going to gag him. he can talk about, you know, how this is a rigged system and that he's innocent and, you know, i'll be proven innocent. he can even say about mike pence, he'll be a horrible president. don't vote for him. what he can't say is mike pence is a horrible witness. don't believe him when he takes the stand. big difference. >> so let's turn now back to the top story of the morning which is the start of trump's fraud trial here in new york city. we know he arrived at trump tower last night. do you anticipate that he actually will testify in week? we know trump has a history of suggesting that he might and then not. if he does, what might he say? >> well, if he testifies, it won't be until the end. the attorney general has him on her witness list. that doesn't mean that he would be the first one called. and if he is called by her and it's allowed, he could take the fifth amendment. i think he will because he still has the possibility of a criminal prosecution by the manhattan d.a. of these very acts. it would be wise to take the fifth amendment. yes, in a civil proceeding that could be held against him but it's a judge trial. the judge already read his deposition so the judge knows the facts. he's not going to be prejudiced by the adverse inference of trump not testifying. it could only hurt him for this trial and if the manhattan d.a.'s office decides to prosecute him. >> as you noted this one which is business, livelihood, reputation at stake this matters to trump as any of the criminal cases. nbc news legal analyst katherine christian, thank you so much for joining us this morning. i'll certainly speak to you again soon. still ahead here on "way too early," the markets are set to open october on a higher note after lawmakers avoided a government shutdown. we'll check in with cnbc for a breakdown of how long this rebound might last. plus, netflix says good-bye to the business model that started it all. that's coming up next. g up next. (fisher investments) in this market, you'll find fisher investments is different than other money managers. (other money manager) different how? aren't we all just looking for the hottest stocks? (fisher investments) nope. we use diversified strategies to position our clients' portfolios for their long-term goals. (other money manager) but you still sell investments that generate high commissions for you, right? (fisher investments) no, we don't sell commission products. we're a fiduciary, obligated to act in our client's best interest. (other money manager) so when do you make more money, only when your clients make more money? 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>> that's right. good morning, john. so, we did see a bit of nervousness headed into the weekend. we had the s&p and nasdaq pull back on friday, but, becausef the positive news over the weekend, it's good for markets that a shutdown was averted, at least for the short term. today we are seeing u.s. futures opening up in positive territory. dow up a quarter percent, the nasdaq up half a percent. we're seeing positive reaction to the fed's preferred inflation indicator, pce inflation, the core number for the month came in lower than expectations. again a positive sign that the disinflationary trend is in tact. in terms of data we'll get a reading for the manufacturing index expected to come in line with the previous month. tomorrow, we'll also get key labor market data, the jolt index. again, a key indicator for how employees are feeling about their job confidence. so something that markets will be watching out for as well. >> we'll keep an eye on that to be sure. the world bank cut its forecast for developing economies in east asia and elsewhere in the pacific. tell us why that is. what does it mean? >> yeah. i think this is quite an interesting story because their forecast is actually the lowest for that region in five decades. so it is quite stark what the world bank have come out with their report. they now expect developing economies in east asia and the pacific to grow 5% in 2023 this year, down from 5% in april and only 4.5% next year. again, that is being revised downwards from april. and a big downward driver no, surprise is obviously what's been happening in china. there the world bank only see growth of 4.4% in 2024. that is, of course, below where policymakers are aiming to get to which is 5%. the main catalyst for this downward, rising geopolitical tensions, rising debt levels in addition to global weakness and demand. all of those are factors. but something to keep an eye out for as well. >> lastly, joumanna, the end of an era for the original service provided by netflix, the dvds by mail. i certainly would get those red envelopes, spend time on your queue trying to figure out what to watch next. give us the reasons why this happened and what's next chapter for the streaming company. >> well, the question is whether you still actually subscribe to that. i think that is the big issue with netflix, right? back in its hay day, people who were still receiving dvds by mail, more than 20 million subscribers. but if you look at the numbers today, just doesn't add up. 2021, that business only brought in $146 million in revenue, compare that, john, to the $31.5 billion in revenue that is brought in from the 238 million streaming customers out there. so doesn't really make economic sense for them anymore. they decided to shut down that business. but if you still have an outstanding dvd from netflix, don't worry, you have until october 27th to send it back. a fun fact for you, john, the very first dvd that netflix sent out by mail was beetle juice in april, 1998. >> beetle juice, back in the headlines of late. i actually think i still have a disk from the americans sitting around somewhere. i was hoping i would just get to keep it, but i guess i'm still on the clock. cnbc's -- >> you might get a hefty fine. >> you're right. i should go find it and put it back in the mail. cnbc's joumanna live from london. thank you. still ahead, quote, in america it seems has come to expect crisis. that from a new piece that highlights chaos in the capitol and argues that government dysfunction is the new normal. we'll speak with peter baker of the "new york times" who wrote that piece. we'll be right back with him. that piece we'll be right back with him i'm not just accomplished. i am accomplishing. so i'm doing all i can to help lower my risk of breaking a bone. for postmenopausal women with osteoporosis at high risk for fracture taking calcium and vitamin d may not be enough. adding prolia® is proven to help strengthen bones and reduce spine fracture risk by 68% with 1 shot every 6 months. do not take prolia® if you have low blood calcium, are pregnant, are allergic to it, or take xgeva®. serious allergic reactions like low blood pressure, trouble breathing, throat tightness, face, lip or tongue swelling, rash, itching or hives have happened. tell your doctor about dental problems as severe jaw bone problems may happen with prolia®, or about pain in your hip, groin, or thigh, as unusual thigh bone fractures have occurred. talk to your doctor before stopping, skipping, or delaying prolia®, as spine and other fractures have occurred. serious side effects, like low blood calcium, serious infections which could need hospitalization, skin problems, and severe bone, joint, or muscle pain have occurred. i have so much more to accomplish. talk to your doctor about prolia®. welcome back. as we have been discussing all morning, congress passed a stopgap measure to keep the government open, but it does not include any additional aid for ukraine. president biden is now urging lawmakers to keep the support flowing but several republicans are steadfastly resisting the idea. house speaker mccarthy says that while he supports helping uk fight off russia's invasion, he is primarily focussed on securing america's southern border. >> look, the priority for me is america and our borders. now, i support being able to make sure ukraine has the weapons that they need. but i firmly support the border first. so we have to find a way that we can do this together. >> what do you mean the border first because the white house briefed congress that 45 days they don't have enough money allowable to them -- >> they had more than $3 billion right now to be able to help them get through it. if they have some challenge, we can sit down and we can talk about that. but, the american border matters. and more people -- >> of course. >> more americans are dying on our border than americans are dying in ukraine. >> you are explicitly linking any ukraine aid vote to a border -- >> i am telling you that the american border matters. and that is our priority to make sure we secure that. >> so that has to move first? >> i'm going to make sure that the weapons are provided for ukraine, but they're not going to get some big package if the border is not secure. >> joining us now chief white house correspondent for "the new york times," our friend peter baker. the paperback edition of his book "the divider" is out now. peter, we're glad you're with us this morning. we all read your piece other the weekend. it's titled to many americans, government dysfunction is the new normal. americans have come to expect crisis. but, how this, though, this crisis, this potential shutdown was different. because it was less a fight between democrats and republicans and clearly a fight between republicans and republicans. this is about one party. so give us a sense of where things are in washington but in particular, in the gop. >> yeah. no, that's exactly right. we had government shutdown fights before and it was always because the democrats fighting against the republicans. president trump was fighting with democrats over border wall money or president clinton was fighting with republicans over how to balance the budget or what have you. this is a different kind of crisis in that sense because it's entirely a civil war, as you rightly said earlier, among republicans. and, but it feeds into a trend we have seen for year which is is just the dysfunctionalization of washington basically that we can't get things done without a crisis. we're the middle of multiple crisis. we could be right back on the same abyss in 45 days. we have an impeachment inquiry started by kevin mccarthy didn't go well this week. there's no evidence of impeachable crimes even according to republican lawmakers a in the point. we have a speaker hanging on by tender hooks who may not be speaker in a few days. all on the backdrop of indictments of president trump. you see in the public i think whip saw from one political crisis to another and they don't seem particularly to expect any better anymore out of washington. this is what they expect to see. it's the idea of governing is almost lost it feels like at times. >> yeah. certainly did seem like a national almost shrug at the possibility of a government shutdown over the weekend averted, perhaps, though only for now. let's talk one of the issues at the heart of this infighting and that's the aid for ukraine. this deal that was just signed includes no aid for ukraine. now, we heard from president biden yesterday saying that, of course, this is still a priority. we heard from some republicans in the senate, look, we still want to get this done. but walk us through the risk here. if there's no agreement done now, perhaps it's in 45 days. there's some thought there might be a separate funding measure fsh ukraine, but mccarthy doesn't seem to have any motivation to do that. how do you see this happening? how confident should kyiv be that the u.s. is going to keep money flowing? >> well, they're not confident obviously. there's a strong bipartisan majority in congress for more ukraine aid. so it's possible it doesn't happen. you know who is watching this, vladimir putin. he's watching this and saying he can play for time right now because the american system is not as committed to ukraine as it has been in his view. plus, he has on the horizon next year one of the two major candidates says he'll pull out of any help for ukraine. that will extend this war at least through november of 2024, at least as far as vladimir putin is concerned. >> lastly, peter, a quick sense of how the white house is viewing this temporary solution. >> well, look, you know, obviously happy to keep the government open. they're trying very hard to make sure republicans take blame for how dysfunctional things are. republicans are at the heart of it, but they're very nervous about the ukraine aid. they had up until now said we're going to get through it. it's okay. a lot of republican support for it. this is proof it doesn't matter if you have a bipartisan majority if you can't get speaker of the house to put it on the floor so that majority can vote for it. i think you're seeing slippage of votes even among republicans who previously supported ukraine aid. that's a real concern going forward. they have to get through not just the next few months but the next year or so. >> terrific analysis as always from chief white house correspondent for "the new york times," peter baker. we'll talk to you soon. thank you for joining us. a wide-ranging interview, attorney general merrick garland discussed the biden and trump cases revealing he would resign from the justice department if he was asked to do this one thing. we'll tell you what it is. and then coming up on "morning joe" donald trump goes to trial in new york over his extensive business practices. what should we expect as trump faces the judge who already ruled that he's a fraud. our team is standing by outside the courthouse. plus, congressman adam schiff and congress woman katherine clark will join the conversation as the fate of house speaker kevin mccarthy's job could rest in the hands of democrats. 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(bright music) we do not have one rule for republicans and another rule for democrats. we don't have one rule for foes and another for friends. we don't have one rule for powerful and other for the powerless, for the rich or or the poor, based on ethnicity. we have one rule, and that one rule. we follow the facts and the law and reach the decisions required by the constitution and we protect civil liberties. >> that's attorney general merrick garland last night on "60 minutes" re-enforing his department's independence, when it comes to donald trump and hunter biden investigations. joining us now jackie almaney. an m-s nbc contributor. let's get your reaction there. what is the latest on the impeachment inquiry that's going on in the house right now after last week's disaster of a hearing? >> yeah. well what we heard from merrick garland last night was not much different from what we previously heard from him just weeks ago during his house hearing the first time he appeared before congress, which was highly anticipated for -- by republicans who were sort of seeking to put a nail in david weiss and the investigation into hunter biden trying to make them both scapegoats here as the examples of the weaponization of the department of justice under the biden administration. but garland, like he did last night, continued to maintain that david weiss was appointed by donald trump. the investigation into hunter biden was started by bill barr and that he has been fiercely apolitical, nonpartisan and doesn't view the justice department as an extension of joe biden. it is an independent entity. he is not the president's lawyer and he is not congress's lawyer. as for this impeachment inquiry into joe biden, there's been little progress made. republicans were privately furious after james comer's hearing last week in which slate of gop aides, senior ones at that, told me that they felt like comer lost control of the hearing, allowed democrats to land attacks on the trio of witnesses. the witnesses themselves were really problematic as they did not buy into the gop narrative that articles of impeachment are ready to go against joe biden. in fact, they said, sure, an impeachment inquiry is warranted but we don't see any grounds of articles of impeachment just yet. there was already talk potentially trying to replace comber going forward. >> so, jackie, that of course happens against the backdrop of this short-term 45 day spending bill brokered over the weekend, just averting a government shutdown. tell us how the week ahead is going to play out in the building behind you both in terms of fallout from things like republican parties like border security falling out of the bill, but also speaker mccarthy trying to hang on to power. we know matt gaetz says he'll issue a motion to vacate any day now. >> yeah. well, jonathan, it's been an interesting turn of events. house speaker kevin mccarthy had thrown the impeachment inquiry sort of into the conversation in order to placate this group of around 10 hard right republicans to try to prevent them from shutting down the government and also to gain some goodwill with them, to ensure that their double pronged objective of shutting down the government, you know, trying to balance the budget but also eyeing a motion to vacate to oust the speaker was rendered, you know, moot. but that obviously did not happen. the impeachment inquiry last week really did not catch in eyeballs. i don't think it made all that many waves in the house as people were primarily concerned with the imminent possibility of the government shutting down. now today as my colleagues reported last week, matt gaetz who seems to have, as kevin mccarthy said on a sunday show yesterday, a personal vendetta against mccarthy is ready to introduce a motion to vacate to oust the speaker as soon as this morning. that would then take 48 hours to introduce what's called a privilege resolution. it only will take five people potentially to remove him. we'll see if that ultimately works.