We argue there was a complete failure of proof on the critical element of capacity or intended to deceive. When deceptively hiding risks are injected into the market that does harm the counter parties and there was harm to the counter parties but also harms other participants. New York Appeals Court Wrapping up a hearing in former President Trumps bid to overturn his multi hundred million dollars civil Fraud Judgment. Trumps lawyers arguing to a 5judge Panel that the ruling was, quote, unlawful and unconstitutional. Keep watching it to see where it goes from here. Hello im John Roberts in washington, The Fleet Footed Cohost of the show made it to the studio. Sandra thankful for fast elevators, warmed up ready to go john, im Sandra Smith in New York, This Is America reports. You will remember earlier this year, Judge Arthur engroan ruled trump his company and executives were libel for falsifying records and other financial crimes. The former president says it is nothing but a power grab. John playing out as trumps campaign enters the final stretch of the Election Cycle with just 40 days to go now until the fifth of november. 40 days and 40 nights. Lets get to right to Bryian Llenas in live. Reporter we heard a passionate argument from both sides in terms of this hearing just wrapped up. It lasted a little less than an hour and we expect a final ruling, a decision by these five justices could come any time before the election. This New York Appellate Court typically rules about a month after hearing oral arguments. Today the five appellate justices heard arguments from former President Trumps lawyer John Sauer who successfully represented trump in the president ial immunity case before the us supreme court. Sauer made the Case Today that the 454 Million judgment former President Trump was ordered to pay by Judge Engroan was grossly excess very excessive and unconstitutional in part because the allegations are past the statute of limitations which at least one justice pushed back on. Listen. There was just a complete disregard of the statute of limitations and analysis that again and again goes All The Way back to 2012. Even if we agree with you on the statute of limitations point, that would not result in the complaint in its entirety being dismissed. There would still be several transactions that would be not time barred or timely. Reporter Judge Engeron found trump his two sons his employees at the Trump Organization Libel for committing fraud inflating the value of trumps assets and wealth on financial forms. The office of Attorney General Leticia James argue this was not a victimless fraud. There was absolutely a public impact and a public interest here. First of all when deceptively hidden risks are injected into the market that does hurt the counter parties and there was harm to the counter parties here but also harms other Market Participants and a market as a whole. Reporter again, at steak here is whether or not former President Trump is going to have to pay a half A Billion Dollars Judgment. The 454 Million penalty has grown to 489 over the last seven months because the judgment is accruing 114,000 in interest every single day that it goes unpaid. And ag james, Leticia James, remember, she had threatened at one point to seize trumps properties if he does not pay for this judgment. A simple Majority Decision by this court will either decide to keep the judgment as it is, john, reduce the amount owed, or completely overturn it. The former president is holding a newser at Trump Tower here in New York city at 4 30. Notable, he was not in Court Today. John all right well see what he has to say later on today. Bryan yep is in outside of the courtroom. A lot more if the next hour and 56 minutes. Judge jeanine will join us Fwhufrpd Carrie Urban in the elevator looking forward to joining us and more. The former president not in the courtroom but in New York but we expect to hear from mum 4 30 Eastern Time today in a News Conference. John looking forward to that on cavutos show. Sandra now this. I dont believe the grounds were safe and secure that day. Im just trying to understand what it was or what it would have taken for somebody to say, keep mr. Trump inside until we clear this up. There were additional things obviously that probably needed covered, but they had never asked us to do that. They never tasked us with that. One of the things im struggling with is this idea that there wasnt a single unified Command Station on site. I am very surprised. Normally there will be an overall Command Post for the entire visit. Very unusual that the way it turned out here at this site. The House Task Force investigating the Assassination Attempts against former President Trump holding its first Hearing Today on the July 13th shooting in butler, pennsylvania. State and local officials testifying about the catastrophic Communication Breakdown that allowed it to happen. A member of that Task Force, Congresswoman Laurel Lee will give us her takeaways from it but first lets hear directly from David Spunt live in washington for us. Hi david. Reporter good afternoon. This hearing is the first time from the shooting we heard from multiple members of local Pennsylvania Law Enforcement to get their perspective. We learned once again Communication Problems plagued the Secret Service. I do not believe they could hear us at all. They did not have a radio from us and we did not have a radio from them so in the local Command Post there was no way for us to hear any of the Secret Service radio traffic. Reporter we heard from the Butler County Emergency Services Unit, the butler police department, Pennsylvania State police, a former secret Service Agent not involved in butler, and the Medical Examiner who did the autopsy on shooter Thomas Crooks, the 20yearold. Out of all the interviews, all the pages of documents and documents, theres one pressing question both democrats and republicans are still asking the Secret Service more than two months later. Why in the world would you let former President Trump go out onto that platform if you werent sure it was secure . Reporter chairman kelly referring to a quote from a Senate Report released yesterday, a secret Service Counter Sniper leader saw local police with guns drawn and was asked by senate investigators, did the Thought Epa cross your mind that you should inform someone to keep the protectee, meaning Donald Trump, from going on the stage or if he was already on the stage taken back, did that cross your mind. The answer, the thought did not cross my mind. Now, the Medical Examiner, who did an autopsy on shooter Thomas Crooks says he died from a Gunshot Wound to the head. As youll ask with your next guest or speak about, this is the first of several haitian expect wind this committee. Back to you sandra. Sandra David Spunt on the breaking news live out of washington for us. Thank you david. John. John lets bring in Congresswoman Laurel Lee from florida, a member of the Trump Assassination Attempt Task Force. She was in the Hearing Today. Would have loved to have seen mayorkas and some other folks testifying before congress today, but its good that you got to hear from the local authorities who were on the scene. What was your biggest take away from today, congresswoman . Today was an opportunity for the american public to hear from the local Law Enforcement officers who were part of the team that was on the ground to secure the butler site. One of the most important things you touched on, which was the lack of a unified command center. So Secret Service relies on these partners to secure a sight but that only works if they all have a Game Plan that they all have communication on the day of the event. So when something suspicious happens, theres something that needs to be addressed, they all understand and get that information simultaneously. So today really made clear that local Law Enforcement did not have the support, the plan and the communication that they needed from Secret Service in order to do their jobs effectively. John there was a lack of communication as you point out which has been noted many times in the past. Also the lack of instruction. Heres the Butler County Emergency Services Unit commander, seemed to make a lot of news today, particularly when he said this. Listen here. We didnt receive any direction from the Secret Service as far as how they wanted our Sniper Teams to deploy or what their actual mission would be. What was your mission as you understood it that day . As we understood it . It was to deploy Sniper Teams to overwatch the stage, the crowd, the Venue Area where most of the people would be gathering. John no specific instruction from the Secret Service and then we end up with the Agr Roof being uncovered. Exactly. So theyre looking out over the crowd and in that direction, and there was no specific instruction about securing that Agr Building that ended up being The Point of vulnerability. It was also clear that the perimeter was not nearly broad enough, that there were buildings that needed to be secured that werent secured. So in the coming weeks, well be hearing more from Secret Service. The Task Force itself has had the opportunity to receive documents, to get briefings but its important for the american public to continue to hear from federal Law Enforcement, from Secret Service and youre absolutely right, we need to hear from Secretary Mayorkas, the head of the department of Homeland Security who ultimately is responsible for making sure that Secret Service has the resources, the guidance and the protocols that they need to be successful. John so, you know, you probably herd David Spunt mention this but there was the idea that there was clearly a threat of some nature and yet the information was never passed to the president s protective detail that you might want to hold mogul from either going to the stage or maybe secure him on the stage because we have a Security Situation here. Heres what the senate Interim Report says. Quote shortly before shots were fired a secret Service Counter Sniper saw local Law Enforcement running toward the Agr Building with their guns drawn but did not alert former President Trumps protective detail to remove him from the stage. The u. S. Counter sniper told the committee that while seeing officers with their guns drawn elevated the Threat Level the thought to notify someone to get trump off the stage, quote, did not cross his mind. Protocol with local Law Enforcement is you dont draw your gun unless youre possibly going to use it, and if youre a Sniper Team on overwatch, and you see a bunch of local Police Officers with their guns drawn, that means, Ding Ding ding, theres a problem here. Thats right. Its really unfathomable that that kind of threat information, that that kind of information could be coming to them and they dont say, hey, timeout, lets get the president off the stage, get him to a safe place. And that could have changed everything. So that is one of the key points of failure. Of course we had the issues leading up, the issues of communication on the day of. But those minutes immediately surrounding shots being fired, how that information did not get to the people who needed it in the secret Service Team and why they allowed President Trump to take the stage and then stay on it, those are some of the most foundational questions. And heres why its so important. Because President Trump is still out there every day in the public talking to voters. And getting his message out in america. And so there needs to be a level of assurance that he is being kept safe, that the protective detail is doing the things that they need to do and that something like this isnt going to happen for President Trump or any of the other people who are under that protective detail. John one of the things thats been rolling around in my mind here is, we know Thomas Crooks came up on the Fbis Radar back in 2019. How many times have sites be left unsecured but there was just never a shooter there, trying to take out the former president. And then we see with Ryan Routh that he was in the area of trump international Golf Course in maralago for the better part of a month before he was found by the secret Service Hiding in the bushes. And what does that say about the intelligence regarding threats to the former president , particularly in light of this huge threat from iran that he was briefed on, and the Secret Service and Others Ability to be able to uncover and identify these threats before they get anywhere near the former president. And that is why only one of the things thats relevant to the level of protective detail should be status as a current president or former president. Thats one piece. But the second piece is, accepting the reality of the Threat Environment. And the Threat Environment right now, as it relates to President Trump, is extreme. We know that. Weve seen that. So at this point, he needs to be getting every bit of available resource to make sure that he is being kept safe, unto and including that which is assigned to the current sitting president. John i mean, these were a couple of miss fit Wanna Bibs who nearly took out the president imagine what a trained team could do. Thats exactly right and we know that there are foreign actors, we know there are people out there making these kind of threats. We know that it exits. And so it needs to be something that is front and center of everything Secret Service is doing and all available resources need to be put there to make sure that hes kept safe. John congresswoman, thank you for the download, we appreciate it. Great to see you. John all right, you, too. Sandra. Sandra so we are watching her. Hurricane helene on track to Slam Florida possibly a category 4 storm. How bad could this get . Wow, the images look dire. We are watching it for you. Plus this the commentary, the demonizing. This did not surprise us that we reached this day. And i ask New Yorkers to wait to hear our defense before making any judgments. John that was quite a News Conference, New York City Mayor Eric Adams defiant in the face of a Bombshell Indictment after the feds raided his home as part of a corruption investigation. Gary urban on this historic case coming up next. How do you prow your Investment Portfolio and your Retirement Money . The Smart Investor has their money in a guaranteed product that goes up with the market. Their Gains Lock in, and when the market goes down, they dont lose money. Forward with their money, never backward. And we do it for our clients every day. If you have at least 100,000 to invest, get your Investors Guide and see if its right for you. With claritin, relieving your allergies is a walk in the park. Get fast, Allday Relief of your worst allergy symptoms like nasal congestion. Live claritin clear. Isolated. Depressed. And embarrassed. 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You could save up to an incredible 70 on your wireless bill. So you dont have to compromise. Powering smarter savings. Powering possibilities. Switch to comcast Busines Internet and mobile and find out how to get the latest 5g Phone on us with a qualifying tradein. Dont wait call, click or visit an xfinity store today. Sandra back to our top story in New York, appeals Court Today Hearing Arguments to overturn the civil Fraud Judgment against former President Trump which could cost him nearly 500 million. The case brought by the office of the New York Attorney General, Leticia James, claimed trump and his associates fraudulently inflated the value of assets on financial statements for personal gain. In a net shell. Joining us now carrie urban a Fox News leading editor. Good to see you. Good to see you. Sandra what do people at Home Need to learn today. For starters it was refreshing compared to what weve seen in the lower court trials of Donald Trump because the questions were actually substantive and thoughtful and they were presented to both sides and i have to say, my take away from this is that the 5judge Panel had concerns that the Attorney General, Leticia James, had really overstepped her bounds. They asked questions to the state, well, whats the line . It seems that the Attorney General went beyond what her job is and is interfering in the private transactions of citizens and what are the limiting principles . What kind of guardrails should be in place to make this not so subjective . And i thought the state struggled a little bit answering those questions. Sandra one of the questions is were there any victims. This is the judge in that case questioning that very thing if there were any victims in the Trump Case. Here it is. Really sophis