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. Well break down whats at stake as the former president faces off against a judge who has already ruled that hes a fraud. And, California Governor Gavin Newsom names a successor to fill the seat held by the late senator, dianne feinstein. What were 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. Im jonathan lemire. Thanks for starting your day and week with us. And well 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 onetime 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, its unclear if Trump Wil Testify at the trial. Here is what he told nbcs Vaughn Hillyard on the campaign trail over the weekend. Do you plan to testify . Its a disgrace. Do you plan to testify . Its a rigged everything about this city is rigged and this country. Its all rigged. Why did you overstate the size of your trump tower why do you read that . Cant 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 its 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. Im sick and tired of the brinksmanship and so are the american people. Ive 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 americas 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 lets 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 MccarthysSurprise 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 wouldnt vote for that. You have members in your conference that wont let you vote for appropriation bills, wont vote for a Stopgap Measure so the only answer is to shut down and not pay our troops, i dont 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 its 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 im not sure ill be home for thanksgiving given the way this went and now the new cycle were 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 thats where we are. I think its 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 thats 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 theyre 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 thats 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. Thats the impasse that were 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. Lets 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 didnt seem to phase mccarthy. He shrugged off the threat yesterday. Ill 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. Lets get over with it and lets 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 theyve seen this man go through over the course of the last eight to ten months. But truly i dont 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 speakers 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 mccarthys job . Is the person they know in this role better than a person they potentially dont. For nickel and some other front liners its entirely possible theres both political and also just sheer progress in congress upside to being one of the people who steps in. You dont get something for nothing in congress or in politics. You have to imagine there will be concessions. Thats a live ball right now for democrats. It will be extraordinarily busy week on capitol hill. Nbcs ali vitali, her thanksgiving may be in doubt but the Halloween Decor is up. Oh, yeah. Ali, well talk to you very soon. Still ahead here on way too early, the europeans managed to pull off their seventhstraight ryder cup win doing so over The Americans yesterday. Well break down europes gamewinning point and more. Plus, California Governor Gavin Newsom has made his pick to fill out the late senator Dianne Feinsteins term, but apparently newsoms 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 jason sean do you mean this one the one with titanium . sean no way i can trade this busted up thing for one. jason maybe stealing wishes from the birthday boy is not your best plan switch to verizon and trade in any iphone and get the new iphone 15 pro on them. sean what . jason yup, and on an Amazing Network sean and i dont have to ruin anymore Birthday Parties jason yeah, that ship has sailed. Lets go get you the iphone. Here we go, come on hon. vo trade in any iphone in any condition for a new iphone 15 pro on us. Only on verizon. [city ambience sounds] [car screech] [car door slam] [camera shutter sfx] introducing neds plaque psoriasis. [camera shutter sfx] he thinks his flaky, red patches are all people see. Otezla is the 1 prescribed pill to treat plaque psoriasis. [ned . ] it can help you get clearer skin and reduce itching and flaking. With no routine blood tests required. Doctors have been prescribing it for nearly a decade. Otezla is also approved to treat psoriatic arthritis. Dont use otezla if youre allergic to it. Serious allergic reactions can happen. Otezla may cause severe diarrhea, nausea, or vomiting. Some people taking otezla had depression, suicidal thoughts, or weight loss. Upper respiratory tract infection and headache may occur. [crowd gasp] with clearer skin, movie night is a groovy night. [ting] live in the moment. Ask your doctor about otezla. We are unique among the worlds armies. We are unique among the worlds militaries. We dont take an oath to a country. We dont take an oath to a tribe. We dont take an oath to a religion. We dont take an oath to a king or a queen or to a tyrant or a dictator. And we dont take an oath to a wanna be dictator. We dont take an oath to an individual. We take an oath to the constitution. And we take an oath to the idea that america and were willing to die to protect it. That was part of general mark milleys 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 mornings other top headlines now. California governor gavin newsom selected butler, the president of emilys 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 regularlyscheduled statewide general election which is to be held in november of next year. Butler led emilys 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 Harriss 2020 president ial campaign and currently resides in maryland, but according to governor newsoms 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, were switching to sports. Well bring you the highlights from around the nfl, including a holding call that potentially saved the kansas city chiefs. Plus, baseballs post season is set to kick off this week. Well preview tomorrows games. The post season is here. Its the most wonderful time of the year. Well be right back. L time of e thyear well 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 its 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 couldnt 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. female announcer dexcom g7 is a small, easytouse wearable that sends your Glucose Numbers to your phone or dexcom receiver without painful finger sticks. The arrow shows the direction your glucose is heading up, down, or steady and because dexcom g7 is the most accurate cgm, you can make better decisions about food, medication, and activity in the moment. It can even alert you before you go too low or when youre high. Oh, the fun is absolutely back. After dexcom g7, i can on the spot figure out what im gonna eat and how its going to affect my glucose when a friend calls and says, hey, lets go to breakfast, i can get excited again. earl after using the dexcom g7, my diabetes, it doesnt slow me down at all. I lead line dancing three times a week, i exercise, and im just living a great life now. Its so easy to use. It has given me confidence and control, everything i need is right there on my phone. earl the dexcom g7 is so small, so easy to use, and its very discreet. dr. Aaron king if you have diabetes, getting on dexcom is the single most important thing you can do. david within months, my a1c went down, thats 6. 9. donna at my last checkup, my a1c was 5. 9. female announcer dexcom is the number one recommended cgm brand and offers 24 7 tech support, so call now to get started. Youll talk to a real person. Dont wait, this one short call could change your life. 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 30yard 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. Hell cut it back, get a block and go 99 yards the explosiveness theyve 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 its really something fun to watch second and six. Josh looking down the sideline. Its 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, its 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 years first game in london between the jaguars and falcons. A wild comeback by the br