a.m. pacific. house speaker kevin mccarthy is up against a motion that would remove him as speaker. president biden's son, hunter, entered a plea on three federal gun charges. the trial has become for one-time crypto billionaire, bankman-fried. overnight, texas congressman was carjacked by three armed men a mile from the capitol. he will be with us this morning to talk about what happened. app. we begin this hour with that breaking news on capitol hill where house speaker, kevin mccarthy, is facing the biggest challenge to his leadership today. the house will vote on matt gaetz' motion to oust him as speaker. right now house democrats are behind closed doors to discuss what they will do, and mccarthy expressed confidence when asked if he will still be speaker by the end of the night? >> if i counted how many sometimes somebody would have wanted to knock me out, i would have been gone a long time ago. >> and we have our guests. ali, where does mccarthy stand as of this minute? >> he was unequivocal, josé, and we were told there were multiple rounds of applause for the speaker and that's not surprising when you realize he does have the majority of support from his conference, and matt gaetz now has the support of four other republicans that would vote to oust the speaker, and that number five is important because it's a number mccarthy himself referenced in the last few minutes. the idea if five republicans vote with all democrats to oust him from the speakership, he is out of his job. most of us got into journalism because we thought there would be no math, but even most of us can do that. right now we expect all democrats to stay unified, and that's the conversation they are having behind closed doors, and if that's the case and if these five republicans stand with the democrats, kevin mccarthy will be out of his job. he just acknowledged that would mean he would lose his job. we are watching him call the bluff of the hard right members who have been threatening to fire him from his job, and he's saying let's do it this afternoon. in terms of what we can see, josé, there's a motion to table this motion, and that means can we not actually have to vote on firing the speaker. if that motion fails and they have to proceed on to the central motion of whether or not to keep mccarthy in his job, that's where we will watch this play out in real time. in the last two hours, many democrats don't want to be the one to save mccarthy, and this could put us in rare and uncharted territory. >> what are you hearing about the house gop meeting this morning? >> i think that is right. the math is quite simple, as ali put it. five votes ends mccarthy's speakership, and he seems -- there seems to be five to seven, and that's a tricky thing for mccarthy, and especially because democrats have no interest in backing him, and they say rightfully so. this weekend he went on television and went on "face the nation" on cbs and said the democrats were trying to shutdown the government, and that was played in the democratic meeting this morning. there are democrats open to negotiations with mccarthy. we won't know until we get on the floor. i agree, there is no sentiment i can see at all, period, that the democrats want to save mccarthy. they will have to see when they get on the floor. the motion to table is the main attraction. if it's tabled it stops for the time being. and matt gaetz, he will bring it up again, no question about that. and kevin mccarthy's speakership is in mortal danger. then we have to start thinking about who will be the next speaker. we don't know the answer to that. we have no idea who will emerge from that, and we have to think about when mccarthy would stand again, and he could decide to run again and take it to the floor for 15 more rounds of balloting. all of this is unknown at this point and we will have to see how it shakes out over the next couple of hours. >> we are showing one side of the screen, speaker mccarthy, and then the other side is the meeting just completed by the democratic caucus. >> it was extremely unified. we are standing behind our leaders, hakeem jeffries, and he's the person that should be the speaker of the house, and there's the republicans that can deal with their own problems, and they are destroying our institution -- >> what does that mean? does that mean voting present? how will this play out? >> we are not voting in any way that would help save speaker mccarthy. >> so present or voting against him? >> this does impact democrats in a sense, right? you are trying to fund the government and pass the farm bill -- >> it's not a democratic problem. this is a republican problem. they supposedly have the majority, and our speaker is jeffries, and it was for 15 rounds. >> is it because nobody trusts kevin mccarthy? >> nobody trusts kevin mccarthy. why should we? he has broken his commitment over and over again. it's not just the deal with president biden and just the ukraine funding that was a deal and then wasn't a deal unless we secure the border. it is also going back to january 6th, and for a lot of us, we were here and it's still deeply emotional for us. it's about our country and why we came to congress. kevin mccarthy stood on the house floor and said one thing and then talked to donald trump and immediately did something else. he has supported the insurrectionist president that enabled january 6th to happen and tried to obstruct the peaceful transfer of power. there are a lot of reasons to not trust kevin mccarthy. you could probably go back before january 6th, but certainly january 6th was a really key example and the most recent history of how he has governed as speaker is another example. >> the first vote will likely be to table the motion, and so will democrats vote no on that? >> we are following our leader and we are not saving kevin mccarthy. >> are you guys going to be unanimous, congresswoman? >> well, there you heard it. we will see if there are any members coming to our microphone as we see them leave the democratic caucus behind closed doors, and one congresswoman was nice to speak with us. that's clearly, now, at least the message from part of the democratic caucus is that there is no -- or there will be no support for mccarthy. is it that he could eke out just with republicans if these five end up not going his way? >> no. >> no? >> no, no. i think we all agree on that. i don't think there's any scenario in which mccarthy can win with only republican votes. that's not feasible. we counted this morning seven people that said they are leaning in that direction, in voting to remove mccarthy, or they are voting to remove mccarthy. the thing to keep in mind is the most obvious answer, and it's the most obvious answer is the right answer, and it is that he's probably gone. he could try and retain the speaker position, and it took him 15 rounds last time. i don't know if they will be able to do it quicker this time. this is not a conference unified on anything. you have moderate and conservative republicans. there's no unity here, and we should have no confidence this will happen quickly. by the way, josé, once we get to the middle of november when congress has to fund the government again, good luck. you will have an untested leader. you will have very high expectations about what to do next. i think to be honest with you, this is going to be a massive mess for a very long time. it's clear mccarthy has lost the trust of four or five, six, seven, eight, nine, ten republicans. he doesn't have the trust of house democrats, and it will be incumbent on the next speaker, and we will have to see if they can gain that trust and govern better than mccarthy can, quite frankly. >> i am just looking over some of the rules that exist, and i am just thinking what happened last time versus this time is there are some rules of a pro tem speaker stepping in. >> when they go to their first vote series here on the house floor, and the question jake poses at the end there is one i asked when i talk to everybody here, which is if not mccarthy then who? we watched names back in january be thrown into the mix, and byron donald was thrown in there, and when you consider the congresswoman said she was not going to save republicans from wallowing in their own pig sty. they don't need to step in and make republicans any more dysfunctional. we have talked about this since the 6th is the idea that january 6th is such an indelible moment in the minds of these moments. jayapal was in the chamber and had to be evacuated. she is far from the only one. they have long memories, and it's not surprising why, but they are all part of this. >> thank you for being with us this morning. thank you so much. turning to another breaking story, right now former president donald trump is in a manhattan courtroom where there's a $250 million civil suit. here's a new look from inside the courtroom from moments ago, and the former president is seated with his legal team, and letitia james has accused trump of lying, and he denied any wrong doing and said the case should be dropped. right now the courtroom is hearing from an accountant whose testimony in the state's criminal trial led to the conviction of its former chief financial officer, weissenburg. and now joining us is a professor at the university of michigan law school. what has happened so far in the courtroom today? >> donald bender is the first witness and testified first yesterday afternoon, and the anticipation is he will continue to testify throughout the course of today. he is key. he put together trump's personal tax records from 2011 through 2020, and so far on the stand he has taken questions from the prosecution about that process, and the financial documents he obtained from the trump organization and the extent to which he understood the individuals to have signed off on the legitimacy for the documents. for allen weissenburg, he's expected to testify as soon as later this week here. so far what donald bender has testified to in the last few minutes is the suggestion that th prepared the financial ion documents and a letter from the r to the trump organization, essentially a letter that stipulates that he takes the trump organization at their word for being binding and for accurate. that is going to the heart of the prosecution's effort to place it on the defendants along with donald trump and his children that were aware of the financial documents that were be being turned over to the banks and lenders. >> what is the significance of bender being the first witness? >> when you are a prosecutor or government attorney, you want to start with somebody safe and persuasive. bender has an interesting role in that he helped facilitate the overstatements of assets and did so unwittingly, as least according to the attorney general's theory, that h given the information by the members of the trump organization and used them put them into financi documents. in some way, he was a victim in all of this as the conduit that believed the representations he received and reported them inaccurately. he's a witness that is likely to testify truthfully. he has no axe to grind. he was once an ally of the trump organization and is likely to be unbiased. he's probably a safe witness for the prosecution to start with and one that can set the scene for how the financial disclosures were made. >> we are just getting -- permit me here, we are just getting breaking news. >> house democrats are going to continue to put people over politics, and to fight to make life better for everyday americans. from the very beginning, that has been our objective, and it will continue to be our sole focus, delivering for the american people. we encourage our republican colleagues who claim to be more traditional to break from the extremist in the chaos, in the dysfunction, in the extremism. we are ready, willing and able to work together with our republican colleagues, but it's on them to join us to move congress and the country forward. let us through. >> thank you. >> right there moments ago on capitol hill, you heard him, and i want to thank vaughn hilliard and barbara quaid. we want to also discuss hunter biden pleading guilty to gun charges. and plus how a 9-year-old girl abducted from a new york state park was just found alive. we're back in 60 seconds. you're watching "josé diaz-balart reports" on msnbc. p. 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(vo) trade in any iphone in any condition for a new iphone 15 pro on us. only on verizon. 18 past the hour. now to really frightening moments for texas congressman who was carjacked last night in washington, d.c. he joins us this morning for which i am very grateful. congressman, it's good to see you. what happened? >> i was coming from the capitol -- >> hold on, congressman. you may be on mute. sorry about that but we can't hear you -- oh, i was not hearing. apparently it was just me that couldn't hear you. please continue. >> yeah, and i was coming in from the capitol, and i parked in front of my apartment complex and when i was getting out three guys came up with guns and i quickly analyzed the situation, and i have a black belt in karate, so you have to think about what to do, and a guy to the right had a gun and the guy to the left had a gun and there was a guy behind me, and i gave them the car keys and they took off. in a couple hours, they were able to recover my phone and car. everything got returned. i want to thank the capitol police and metro police for doing their job, and that's one of the reasons i support law enforcement because they do a good job. >> congressman, if you would, what did you -- i am wondering because this is such a scary moment. what were you thinking? what were you feel stphg what did they tell you? what did you say back? >> as i got out of my car, all of a sudden i see two individuals that just ran to the door because i was just opening up the door to get out. they said we want your car. i looked at one that had a ski mask. you can tell they were young folks. i hate to say this, but they were young punks with guns, and i looked at the one that said i want your car, and he had a gun that was pointed at me. there was another guy with a gun pointed at me. there was a third guy behind me. i said, sure. you have to stay calm in these situations. i gave them the key and they took off. within minutes, both the capitol police and metro police were there. i want to thank them. they moved very, very fast. like i said, they were able to recover the car and my phone within a couple hours. but what really got me upset, they stole my sushi. that's what got me upset. >> they took your car and sushi. thank god -- do you know if they caught the three people? >> i don't know. i did get a very nice text from the mayor, and i want to thank her for reaching out. she said that they were doing everything to get, you know, find the three persons that did it. i hope they do catch them because they do need to be prosecuted, and i want to thank her and the men and women from the metro police and from the capitol police. they were professionals and they did their job, and they are trying to find what happened. i mean, they were trying to find the three individuals. i hope they do catch them, and i do want to thank the police for their work. >> oh, boy. congressman, i also want to thank you for coming on and always speaking with us as you always do. very grateful for that. i am glad that you are okay. congressman, i wanted to talk about another issue, of course, just a couple hours the house will vote on a motion to remove kevin mccarthy from his job. ali vitali was talking about the dysfunction going on at the house. >> it's a civil war in the republican caucus, and we have seen this. you know, the deals that were worked out in january when the speaker was being elected is now coming up. you know, one of the things that he did, he allowed them to have one person be able to make a motion to vacate, and we didn't allow that but we are seeing that, and now we are seeing this and sometimes we need to change it to the way the democrats had it, and it's not one person otherwise this will cause problems. i hope mccarthy is able to talk to our leader, hakeem, and see how we move forward on this. again, you can't let a small minority dictate what happens on the house floor. we go from one drama last week to another drama here. again, we have to do the work. we have to work in a bipartisan way. hopefully we will see what happens today and we can move forward and try to put bipartisanship back on the table. >> congressman, last time we spoke about a week and a half ago, we were seeing huge numbers of crossing the border in the eagle pass area, not too far from your district. what is the situation like there today a week and a half after our conversation? >> i get daily reports to see what is happening at the border, and i said we got to do something. by that i am saying you have to have repercussions at the border. we are deportable about 1,000 a day. you can see the numbers don't add up there. again, you have to get the mexicans to do more. you have to do more to get panama and the other countries. i have encouraged the administration to stop them before they get over here -- i am looking at the video right now, and once they hit that riverbank they will ask for asylum. as you know, 89 to 90% of the people, once they go in front of a judge they are rejected. why are we doing this? you have to have repercussions at the border and you have to have the other countries, mexico and the other countries do more. otherwise, you see what happens. josé, this is very important. 2015, 2019 numbers went down, why, under obama and trump? why, because we were able to get the mexicans to do a lot more and stop them at the southern border with guatemala, and that's what history shows, playing defense at the 20 yard line and have real repercussions, and i mean deport people otherwise they will keep coming to the u.s. >> thank you very much for being with us. appreciate your time. >> thank you, josé. thank you so much. we turn to breaking news from the white house. just moments ago president biden convened a call with world leaders and allies to reaffirm to them that the u.s. is committed to assisting ukraine and will continue to supply aid. this comes after congress failed to include aid for ukraine in the stop gap funding agreement passed over the weekend. we will bring you more information as the story continues to develop. coming up, late developments from a courtroom in delaware where presidential son, hunter biden, just faced a judge on federal gun charges. what we know, next. you are watching "josé diaz-balart reports" on msnbc. >> tech: cracked windshield on your new car? 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>> reporter: compared to the hearing we had seven -- >> in late july, he did note that according to a pretrial services report that gives him an understanding of a defendant's background prior to appearing for that initial appearance that hunter biden has been tested for alcohol and drugs on several occasions since late july, and he tested negative every time. from there he moved to the arraignment where the person that read that statement that you just read there, josé, entered a not guilty plea on his behalf. the judge gives the prosecutors and defense an opportunity to say if there was any issues you foresee, and he said do you see anything. and they did anticipate filing two motions to dismiss, and these were anticipated by legal experts, and one was the constitutionality by one of the charges that was beat up in the appellourts in the united states. the second is the idea that the pretrial diversion agreement that directly addresses the gun conduct charged in the indictment where federal prosecutors allege, the pretrial agreement is in effect, and they said we have an agreement and this thing should be in effect, and federal prosecutors say probation did not sign off on it and we will move to dismiss the information anyway, and those will be the two battles before we go to trial, and we don't have a trial date yet and that will be set by the judge from this summer. >> what are you looking for in this case? >> today's hearing is not typically an exciting hearing. not a whole lot happens at this hearing. it's significant because it's what starts the trial clock and all the other events that happens, and the speedy trial clock begins, and the exchange of discovery will happen, and the filing of motions, and the motion cutoff date being set for november, and we will see the two motions get filed. the enforceability of the diversion, and because there was no meeting of the minds and because probation did not sign off on that, i don't think that's going very far. but to those that care about gun control, it's the constitutional challenge to the statute, and all of these gun laws are really in some doubt, including this one which makes it a crime to possess a crime by somebody who is using illegal drugs. just as the court is taking on a case this term about prohibitions on people that have court protective orders for intimate partners, this other provision is on shaky ground which says gun restrictions may only pass constitutional muster if they have history and tradition behind them. i don't know this particular one does and therefore i think it could be on shaky ground. >> all this is going on while a house panel investigating hunter biden in washington, d.c., and what does that about? >> matt graves is the u.s. attorney for the district of washington, d.c. irs agents that worked on the hunter biden investigation have told lawmakers that when the delaware u.s. attorney, david weiss, was considering bringing tax charges against hunter biden in addition to the gun charges, and he reached out to matt and asked him to team up or partner together in bringing the tax charges. weiss would have had to secure that partnership from graves to charge hunter biden with tax violations in washington, d.c. where hunter biden lived at the time of the alleged or potentially suspected tax violations. however, according to the same irs agents, matt graves declined to team up with weiss and declined to help him bring tax charges against hunter biden in d.c. because weiss couldn't get partnership from graves as well as from another u.s. attorney, weiss has now had to seek and secure special counsel status from the attorney general himself so that he could be empowered to bring charges against hunter biden related to taxing or anything else anywhere in the country. in prior court hearings, weiss and his team of prosecutors are likely to charge hunter biden with tax violations in addition to the gun charges that we're seeing play out in court today. graves, meanwhile, is all but certain to face questions from republicans about why he decided not to help weiss bring tax charges. republicans believe it was a political consideration, and they will hear today from graves potentially about why he chose not to help on that issue. >> thank you all so much. coming up, we're following another hot profile trial in new york city. the man once known as the crypto king, sam bankman-fried, faces federal fraud charges. details are next. you're watching "josé diaz-balart reports." to a hand specialist. and i'm glad he did, because when i took the tabletop test, i couldn't lay my hand flat anymore. the first hand specialist i saw only offered surgery. so, i went to a second hand specialist who also offered nonsurgical options - which felt more right for me. so, what i'd say to other people with dupuytren's contracture is this: don't wait —find a hand specialist trained in nonsurgical options, today. i found mine at findahandspecialist.com. struggling with the highs and lows of bipolar 1? 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>> reporter: i just got out of court, and jury selection is kicking off and it's expected to be a six-week trial. the judge said we are looking for an impartial, fair jury. there are questions about how people ever heard of cryptocurrency or this case, and the lawyers outlined a list of suggested questions that includes everything from reading about cryptocurrency and what do you think about bankman-fried, and they also asked about adhd, and the judge addressed sam bankman-fried and emphasized the right that he has the right to testify even if his lawyers say he shouldn't, and he said he could raise his hand and come up to the stand if at any time he wants to talk. this has been a big reputational hit to cryptocurrency. some say it's a good thing it's getting wrapped up and they see it as a sense of closure. it has been a massive hit with the prices, although they recovered a bit since last year. >> thank you so much. great seeing you. appreciate it. a missing girl has been reunited with her family after disappearing over the weekend during a camping trip. rescuers found the girl in good physical shape hidden in a camper. a 47-year-old suspect has been taken into custody. up next, armed forces to go to haiti, and the mission is to stop the surge of gang violence. and a congresswoman will join us in just a minute. you're watching "josé diaz-balart reports" on msnbc. . . have you been behind me this whole time? 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( ♪♪ ) [ tense music ] one aleve works all day so i can keep working my magic. just one aleve. 12 hours of uninterrupted pain relief. aleve. who do you take it for? and for fast topical pain relief, try alevex. the united nations security council secured a mission supported by the 13 mbers of the security council with china and russia abstaining. kenya will send 1,000 security personnel despite the u.s. support, no american force will be part of the mission. there's a draft resolution of the plans and it outlines it would, quote,rovide suppo to haitian police and will protect hospitals and ports, and details like rules of engagement have not been worked out yet. joining us now, the cochair of the haiti caucus. it's great to see you. i thank you for your time. what do you see this mission of force being in haiti? >> well, the goal is going to be to protect the people from the gangs and give them relief from the terrorism they have been facing. we get so many reports of sexual crimes against women and crimes against children, and we are seeing more kids being recruited into gangs, and this mission is needed right now. what we are hoping is the haitian people get a type of relief from the terrorism they are facing. we are looking into safeguards, and how do we assure there's no human rights violations, and those are the areas we are seeking. this authorization is truly for the haitian people living in haiti and it's hopeful they know help is on the way. we have seen so many haitian people coming to our borders and to the embassy crying for help, and we need to respect their self determination and give them the help they need. >> there have been a number of -- i know this better than anybody, there have been in the past a series of international security missions into haiti for a number of different excuses and reasons, and it just seems like, congresswoman, you know, haiti is such a vital country. the people of haiti so extraordinary are productive and hard working and just generous in so many ways. how do we support the people of haiti? >> well, we first start by respecting their self determination. two things they made clear is they need help fighting the gangs and the second thing they have made clear, they want the de facto president to step down, and there's a transition government that has been forming that has the consensus that is necessary. if we want to do something different from the past and start intervention, the security mission is one of the first where we are getting and looking at how we prevent other atrocities from happening. i am so proud we are taking the steps to prevent what we saw in the past by actually engaging the haitian people, and actually sitting down at the table and trying to figure out what are the safeguards we need to have in place. we are also talking about how to move we are looking at is, what is a government that will sustain the haitian people and give them a real shot at democracy? we cannot have this conversation without talking about justice. how are we going to hold people accountable who have participated in the terror, who have participated in funding it and make sure the gangs no longer have a place in haiti to terrify the people? >> how do you -- how could that be accomplished? do you know? >> i think the first step is working with the citizens and the government that they have to make sure the prime minister is not present. we lost all faith in him helping the people. haiti eroded under him. what we have to do is give credence to civil society. we have civil society and the private sector coming together saying they will support a transition government. we must listen to that. in addition to that, we have to set up some type of international criminal court in which we will hold them accountable. this is the first time haiti is getting real justice. we haven't seen justice in haiti when it cams to the oligarch families supporting this. it's time to change that and give it a fighting chance. that's going to have to be with the participating of the people and have to be with the international community. more so the voices of the haitian people have to be heard. we start right here today respecting their self-determination and to make sure there's a transition government and fight the gangs. >> thank you so much for being with us this morning. appreciate it. >> thank you for having me. up next, why new york city hospitals are sounding the alarm over the migrant crisis. take a moment to pause and ask, why did you get vaccinated against pneumococcal pneumonia? 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