More speed for your business . Its not just possible. Its happening. Get started for 59. 99 a month for 12 months. Plus, ask how to get an 800 prepaid card with a qualifying internet bundle. Comcast business, powering possibilities. This morning the judge in the trump trial has been admonishing the trump attorney telling him to stop bringing up the same arguments again and again and this is day two of the trial, apnd we will have more o that for you. Developments in that courtroom, and now, hunter biden has plead not guilty to three gun charges. We will tell you what happened inside of that courtroom. And now, Kevin Mccarthy is on the brink of costing him a vote for his speakership. What is going to happen there. With john berman and sara sidner, im kate bolduan. This is cnn news central. It is chaos on capitol hill right now, and in a special kind of chaos this time. House lawmaker are getting set and ready to vote on whether or not to oust Kevin Mccarthy as speaker at some point to today or if he is going to be able to narrowly avoid that fate. He is facing a small, but determined revolt amongst his own party led by republican congressman matt gaetz. Here is mccarthy last hour. If you throw a speaker out that has 99 of their conference, that kept government open and paid the troops, i think that we are in a really bad place for how we are going to run congress. While this chaos plays out, it is really basically paralyzed on the house side. We have Team Coverage on capitol hill hill, and cnns manu raju and lauren fox are there. You been tracking republicans, and what is happening right now . Yeah, Speaker Mccarthy is making it clear that he is planning to have this vote this afternoon. The first vote is a procedural vote aiming to stop matt gaetz motion to oust him from the speakership, but he does not have the votes to win, in large part because of more than five republicans are expected to vote against him, the speaker on this procedural vote, and the moment, the expectation is that the democrats will join the detractors, and mccarthy is recognizing that he could lose the procedural vote, and then move into a historic vote on the house floor, and happen today and tomorrow, and vacate the speakership, and something that has never happened in the history of the country, ap it could happen today, and mccarthy is at risk of losing that vote. If he does lose that vote, that is when it is going to be tricky. Mccarthy is planning to fight it out on the house floor, and he could be a candidate in the new speakers race. But in order to elect a speaker, you need 218 votes, and at the moment, nobody has 218 votes, especially mccarthy, because that is what he needed for speakership, and he would need the democrats to save him, but that is something that they dont have much of an appetite for. And if they dont, this is something to put the law in complete paralysis. In talking to the republicans, there is enormous frustration with matt gaetz to push out Kevin Mccarthy, and blunt warnings from a number of republicans that going ahead could cost them their majority. The only word i can describe for that is that he is either a fool or a liar. He is a chaos agent, matt ga gaetz. I dont have tolerance for this. It puts the majority at jeopardy. It is sending to the majority of the electorate that this majority cannot govern itself, and we need to change that. Are you concerned that it could cost you the majority . It could. It sure could. That is a real fear right now that even though mccarthy has the overwhelming support within the conference, he does not have enough support among the republican votes alone and, kate, a talk of Power Sharing with the democrats and win over the support, but mccarthy moments ago rejected that possibility when i asked him about it. And moments ago could be different conversation moments from now with how things are going with the republicans there. And manu is on top of it. Thank you. Now, over to lauren fox. Lauren, what are you hearing from the democrats over there . Yeah, the meetingongoing, and they are having a meeting and brought in extra food and lunch, and so they could continue the meeting longer. So, the number of democrats that have left the meeting said that member after member who went to the mics said that there is not a lot of trust for House SpeakerKevin Mccarthy. This what Richie Needham said. There is not a lot of goodwill for Kevin Mccarthy. Is there any reason for all of the conversation in there is a central part of the focus is lacking trust in Kevin Mccarthy. Reporter and Diane Degette left this room, and we asked if she wanted to make any announcements about mccarthys future and how they would vote on a procedural vote, and she said that she wants leader jeffries to come out and she said that over and over again it was very clear that the democrats are disrespected by mccarthy and breached multiple agreements that he has entered into with the president and the colleagues, and so obviously, things are moving quickly in there and to take away from the democrats is not a lot of goodwill for mccarthy. I will let you go, because i saw jerry nadler, and chase some democrats to see what is happening coming out of that meeting. And we will see what happens with the Leadership Team cochair malliotakis. And now, at 11 07, we have no idea whether they will support Kevin Mccarthy or not. They trust him, and look no further in keeping the government open and avoiding the government shutdown, and the tactic is that he aligned with far right of the party which are now trying to oust him. Kevin mccarthy is saying that he does not need their help, but he does, and that is clear. One after another inside of that closed door meeting one democrat after another that manu raju is reporting that we are going up there that we have no love loss for him, and we dont have to save the speakership. Maybe he threads a needle, and there is always a way to thread the needle, and some magical lever to be pulled, but i dont see it on this one for Kevin Mccarthy to do it without the democratic support, but we will see. It could be a historic day, and you will be speaking to a democratic leader in a moment, and maybe we will get more clairety, but it is could be a Collision Course with history. And meanwhile, inside of the donald trump civil trial, the judge is making clear what can and cannot be discussed and the judge has made it clear that trump committed fraud and he is done listening to arguments about that, and Brynn Gingras is outside with more on that live. Brynn . Yes, john. We are on day two and it is to last until christmas, and the judge going on to the bench this morning to say that he fully expects the Defense Attorneys to appeal this trial, and saying that this trial is not an opportunity to mitigate what i have already decided referencing the decision he made last week about Finding Trump and his adult sons and organization liable for fraud. So we will see how this continues, but on the stand right now, we are hearing more testimony from the trumps former accountant Donald Bender talking about the nittygritty of the Financial Statements, and how the Property Valuations were figured out, and who figured them out, and who signed is off on them, and all of the details, and we will continue to hear from the defense of course who is fighting for the fact that there was no intent or fraud when preparing Financial Statements and valuations, and they say there was no victims in this case, and those are the arguments that we will continue to hear echoed throughout the long civil trial. I can tell you that the former president walked in again, and he did not acknowledge new York Attorney general Letitia JamesSeated Inside of the courtroom, and this is after he made comments about her and the judge again outside of the courtroom, and his son, eric trump, is in the courtroom today. And do they plan to stay today . They stayed all day yesterday, and that is how long they will stay for the testimony. And how many times he will be back at the courtroom, because he is eager to testimony in his own defense, and we fully expect to see that happen. Again, Kristen Holmes has been giving great details of what is at stake here. His brand, and he is eager to defend it. And the state has said in the Opening Statements closing it out that they are asking the judge to make sure that the trumps never do business in new york again. So this is one that we will closely watch. For the past two days, donald trump has made his own Opening Statements so to speak to the cameras outside. If you will. If you will. And really sort of putting it out to public as you would in a Political Campaign and not a trial. We will get all of the details there from Brynn Gingras. And in delaware, hunter biden has left after pleading not guilty to three gun charges. This hearing lasted 20 minutes, but a long road ahead. Paula reid was inside of the courtroom, and what did you see and hear in there and where do things go from here . Well, kate. Hunter biden entered court just before 10 00 with the lead attorney, abbe lowell and the rest of the legal team, and the Secret Service detail, and he sat at the Defense Table Listening Intently as the judge laid out the charges, and the potential penalties and the condition of the release, which includes no drugs, no alcohol, and he cannot be in position of a firearm. Then he entered the plea of not guilty through his attorney abbe lowell. Even though he was the first time that a child of a sitting president has been arraigned on criminal charges. This is how we got here. Hunter biden has been under criminal investigation for over five years a. Trumpappointed u. S. Attorney investigated him for that length of time, and appeared that the investigation would be resolved with a plea deal on tax charges and the gun counts were going to be diverted and that plea deal fell apart, and now a special counsel filed three counts related to Hunter Bidens gun, and suggesting that he lied to the atf and the gun dealer that he was purchasing a gun while on drugs. Abbe lowell suggested that the charges have been filed because the Justice Department has vowed pressure from former trump s allies and in the form of his son. They claim that nobody has ever challenged the fact pattern of this test. Today, they said they will test the strength of the case. The sources close to the legal team says if it is going to trial, they will prevail. It is interesting over the past year, hunter, and the team, they have taken a much more aggressive and forward leaning approach. They brought on others on the team, and they issued litigious statements against people like rudy giuliani, and this strategy has no sign of pulling down at the moment. Great to have you there with us, paula reid. Now, over to what is happening inside of the courtroom here as to what he ruled and the trump team can appeal that, but he is going to stop Hearing Arguments about that specific matter, and what does this mean for the Football Analogy and i would say the ball starts at the 50 yard line, but at the opponents 30 yard line, and how does that shake out . This is more like the touchback where you are back in the end zone what they are trying to do here . The safety. The problem for the lawyers is they are not trump who wants to make the campaign statements, press conferences. They are not supposed to be doing that in the courtroom. Hang on chan. Hakeem jeffries is speaking. Our republican colleagues who claim to be more traditional to break from the extremists in the chaos, in the Dysfunction N the extremism, we are ready, willing and able to Work Together with our republican colleagues, but it is on them to join us to move the congress and the country forward. Thank you. Thank you. All right. We missed beginning part of that from Hakeem Jeffries, but it sounded like he was telling republicans, this is on you. If you want to save Kevin Mccarthy, this is on you, you have to do that and if you want something else, you have to come to us with something. It is on them. It is on them. Kevin mccarthy has found himself between a rock and hard place, and with the ability to with the deals he has cut has allowed this Single Member to have a single motion to kick him out of the Speakership S and this is what he is doing. And matt gaetz is keeping his promise to oust the speaker. And we heard Kevin Mccarthy saying that he didnt need democratic help, but he also blamed the democrats for the shutdown, and so there is bad blood here. Yes, from Hakeem Jeffries. And from the democrats and the republicans. We will listen in. And everyday americans. That has been our objective from day one. If there are a few republicans who are willing to break with the extreme maga republicans in the midst, we are ready, able, and willing to find Common Ground to make progress for the hard working american taxpayer. Are you willing to vote to table . Are your members vote present, sir . What you are not hearing him saying that we will not vote to support or help Kevin Mccarthy, but he is saying as you said, this is on you, republicans, come to us. So i will keep saying it until it does not apply, but standby, standby. And we heard from Kevin Mccarthy, there are five people who will try to oust him so he does not have the votes at this time, and lit have to happen this afternoon, and so if no democrat comes forward and if none of the democrats come forward, he is sunk. This is the last day as speaker. As we keep saying now at 11 18, no indication that a democrat is going to vote to save Kevin Mccarthy. That could change. That could change, because, you know, Hakeem Jeffries seemed to invite some entreaties in the next two hours, but it is an uphill battle. We will speak to a democratic, and jayapal says we wont be saving Kevin Mccarthy. And the caucus she heads up is clear they will not save mccarthy, and she wont, but the people who might are the more moderate members, and none of them have come forward to i say they will vote. If we are like taking temperature now, it feels this hour that Kevin Mccarthy and his speakership is more in doubt than i would say last hour from what we are hearing publicly, because thats just the way it feels right now. I want to make one point, because why should people care about this. It is not just inside baseball. This could cripple the congress. They could be voting on this over and over and over again, because right now, matt gaetz does not have someone in mind that he has told anyone about for the speakership. So if mccarthy goes down, then what . A constant battle. It could all happen in the next couple of hours. Stand by, and i want to bring back shan woo with the courtroom of the warning that we dont know if Hakeem Jefferies is going to start speaking again, and we will go back to capitol hill in a heartbeat, and what we are talking about is how the two legal teams approach the fraud case now that the judge has made it clear that there was fraud. We wont argue anymore if there is fraud, so how do they move on . The trumps team needs to focus on what remains in the case, and there a lot. Like six other counts in the case, and those counts do involve intent, and Michael Cohen is going to testify, and that should be a fun crossexamination for them, and although, he may hold up. And maybe when he is not there, they will move away from playing up to him. And the judge is wanting to deal with the issues ahead, and what does the government have to prove and you are going to counter that, and they are doing the client a disservice if they continue to make the arguments that trump is making in front of the press cameras. And shan, no jury here, and this is something that is a choice by trumps defense team and perhaps donald trump himself. They are now arguing with the one person who is going doe side this case. That doesnt seem like a wenning strategy. How do you see it . Judges are assumed to be better than laypeople at putting aside personal irritation, and putting aside some evidence or arguments that would not make it before a jury, but you are exactly right. Here the fact finder and the legal djudicator are the same person, and the judge is human and if you keep rehashing the same argument, and the judge has told you to move on, the judge is going to be irritate and he is not going to treat your arguments with the attention and credibility, and the eyes are going to glaze over on this, and it is not going to do you, the Defense Counsel any good. You want the judge to be paying attention to what you are saying and not looking at you like, you are saying the same stuff that i told you not to say, and so that is a problem. Shan wu, thank you for coming on, and thank you for being patien