Again in this new speakers race . Youd have to ask them. I dont know. Im just going to focus on doing the work im supposed to do. I think this is a question to the institution itself. I know in the past the other leaders together all believed this should never be in play, but im not worried. Thats Kevin Mccarthy brushing off a question about the future of his speakership. It comes a farright member of the house triggered a vote that could remove him from his leadership post. Well have the latest on that fight inside the republican party. Also ahead well bring you a recap of day one in Donald TrumpsCivil Fraud Trial here in new york city including the moment that seemed to enrage the former president. Plus, hunter biden will also be in court today. Well go through the new developments in that case as well as the Impeachment Inquiry into his father, the president. Good morning and welcome to Way Too Early on this tuesday, october 3rd. Im jonathan lemire. That mornings for starting your day with us. Well begin this morning, a busy morning, with mutiny in the House Republican congress. Congressman matt gaetz of florida officially filed a motion late last night to oust Kevin Mccarthy as House Speaker. At this point next week one of two things will happen. Kevin mccarthy wont be the speaker of the house, or hell be the speak of the houseworking at the pleasure of the democrats. A number of democrats have told me theyre going to do whatever Hakeem Jeffries says, and i believe them. And if Hakeem Jeffries wants to adauptd Kevin Mccarthy, then he can adopt him. Then at least he wont belong to me. The Lower Chamber now has until tomorrow to decide whether or not to keep mccarthy in the top spot. As of this morning his support is still up in the air. At least five republicans have gone on the record to publicly state they would vote to remove mccarthy, which means hell now have to draw on the support of House Democrats to maintain his speakership. Now, democrats for their part are torn on whether to save the speaker. While some see a world in which they can extract concessions from the California Republican in exchange for saving him, others see Saving Mccarthy as a bad idea after he singlehandedly launched an Impeachment Inquiry into President Biden. However, a source close to the democratic leadership tells nbc news that this all Depends On Mccarthy himself. They say if an arrangement is to be made, it will be up to the speaker to reach out, which hes reportedly not done, at least not. In response to all of this, mccarthy tweeted out a simple message. Quote, bring it on. To which gaetz responded, just did. This feels like a 1990s high school movie. As the speaker begins negotiations with members of the house to save his post, Minority LeaderHakeem Jeffries will be our guest on morning joe later this morning to discuss where they stand on all of this. Donald trump is expected to be back in court for day two. Yesterday the Punishment Phase began after the judge found trump, his two oldest sons, and his Company Liable last week. The former president sat with his arms crossed as his defense team and prosecutors from the new York AttorneyGenerals Office gave their Opening Statements. Sitting just a few feet away from trump was the Attorney General herself, Letitia James, Who Glared At Trump while cameras were briefly allowed inside the courtroom. An attorney for trump complained the former president did want a jury to hear the case, but the judge noted that his team had never asked for a jury trial, which would have been standard procedure. After Opening Statements prosecutors played Tape Depositions from trump, his sons, and as well as his former attorney, michael cohen, and his companys former chief financial officer, allen weisselberg. They then called their first witness, a former accountant who spent several years handling the former president s tax returns. According to our team at nbc news that was inside the courtroom, trump seemed to take issue with some of what was being said during that testimony and became extremely animated with his attorneys. His face is said to have become beat red while he pointed and finger waved at his lawyers. That aside for most of the Proceedings Trump appeared rather subdued during the trial. Outside the courtroom, though, he was anything but. Here is some of what he said to reporters during a lunch break. When you have the radical left Attorney General like Letitia James whos a disgrace to our country, who got elected on the fact that shes going to take down president trump, were going to take him down. This is called election interference, and worse than that, really much worse than that. And you dont get much worse than electionfortference. I got a call last week, sir, we lost part of the case. I said the trial didnt even start. The trial starts i guess today. He ruled that we lost a big part of the case because hes a Democrat Club politician. Hes a democrat operative, and hes a disgrace. A clearly agitated donald trump there. Joining us now msnbc justice and Legal Affairs analyst anthony coaly. He was most recently the top spokesman at the Department Of Justice under Attorney General merrick garland. Andy, great to see you. Good to be with you. Lets start there with the idea of a jury trial . Is that something the trump team could ask for . I have a cynical view about this allegation. I think what the trump team is trying to do here is lay the ground work for judicial bias on appeal. And the reason i say that, jonathan, you and i have been following and watching the trump team for years. This would be a vital mistake and someone would have been fired for this. And we would have certainly heard about it by now, so i think this is just a lame attempt to distract from whats going on. Certain he doesnt surround himself with the highest quality lawyers because he doesnt pay his attorneys. We heard from trump multiple times yesterday. Clearly performative. It wouldnt have any bearing on the case itself i think, so whats the reasoning behind it. Is he just playing for politics . This is new trump trial but same trump play book. Its attack the judges. Its attack the prosecutors, and portray himself as a victim all while denying the underlying facts. And the problem for him, jonathan, is that the facts in this case many of them have already been decided by this judge. The judge has already found him liable for fraud. The judge has already decided to revoke his business license, so i think what we saw yesterday was donald trump really trying to get some type of political benefit out of these very real political issues. Whats your analysis of what actually transpired inside the courtroom yesterday and what we should expect today . I think its all performative to be honest with you. This is donald trump really trying to rally the base. Over the last 36 hours msnbc and others have reported hes already sent out three fundraising solicitations to his supporters. And if you look at the coverage particularly in conservative media over the course of the last 24 hours, there is little oxygen for his republican president ial rivals to break through. So what we have now is donald trump on track to be the gop president ial nominee, and thats, i think, in part because members of the maga base are not paying attention. Theyre not focused on the facts in any of these individual cases. For many of these individuals i feel like all these cases have just melded together into one major i think way to paint trump as a victim of the radical left. Yeah, sort of this deep state blob and the details get lost because theres just so much. Lastly, do you think that what we saw yesterday both inside the courtroom and then trump, his tirades outside, make it more or less likely hell actually testify in this . So i dont take trump at his word. Anything trump says i take with a grain of salt. Any particularly lawyer here i think would advise him not to, but i think wed all have to wait and see what he actually does. Well be talking about it the case in the weeks ahead. Later this morning in another courtroom hunter biden is scheduled to be arraigned in Federal Court on Felony Firearm Charges which will take place in the state of delaware. The three charges stem from October Of 2018 when the president s son is accused of lying about his drug use when he was filling out forms while buying a gun there in wilmington. Hes expected to plead not guilty. Two of the charges carry maximums of ten years behind bars while the third carries a fiveyear sentence. But its rather unlikely that a nonviolent first time offender would receive those maximums if found guilty. Todays arraignment comes after a plea deal that Hunter Bidens attorneys struck with the government fell apart earlier this year in the appointment of a Special Counsel. Were also learning new details about the House Republicans expanding Impeachment Inquiry into Hunter Bidens father, the president of the United States. Three sources familiar with the matter tell nbc news that a federal prosecutor will take part in a closed door interview today with house investigators. U. S. Attorney for washington, d. C. , matthew graves, who also played a role in the hunter biden case, will sit for a voluntary interview with the house judiciary committee. Whistle lower accused graves of refusing to work the Special Counsel in the case, david weiss. Weiss had been investigating the tax charges against hunter biden. Doj did not immediately respond to request for comment. Wieses office also declined to comment. Well have more on those stories as the day rolls on as well. Still ahead here on Way Too Early, well look at the aspect of the Migrant Crisis thats being felt far, far from the border. Plus a terrifying night in washington, d. C. For one congressman. Well explain what happened. Those stories and a check on weather and sports as we take a look at predawn washington, d. C. Well be right back. N washingto. 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[crowd gasp] with clearer skin, movie night is a groovy night. [ting] live in the moment. Ask your doctor about otezla. Febreze your bathroom. Needs febreze small spaces. The alwayson, odorfighting Air Freshener you set and forget. No outlets used, no batteries needed, no effort required. So your bathroom stays continuously fresh for 45 days. Thats the power of febreze small spaces. Welcome back. Well turn to some of the mornings other top headlines now. Fune, services for the late senator Diane Feinstein will by held this thursday on the steps of San Francisco city hall in her home state of california. The public is invited to attend the outdoor service. Prior to the funeral Senator Feinstein will lie in state at sydney hall there. Many of her colleagues in the senate are set to attend thursday including Vice PresidentKamala Harris. She served in Congress Upper chamber for over 30 years following a decade serving as San Franciscos mayor. Diane feinstein trailblazer. Vice president Kamala Harris will swear in Lafonza Butler as the new senator today. California governor gavin newsom appointed butler to fill fine steins remaining term. Butler has led emilys list which works to defend shell now become just the third black senator in history. Meanwhile, a democratic senator was the victim of an armed carjacking last night in the nations capitol. The robbing occurred about a mile south of the Capitol Building in washington, d. C. While the congressman was parking his car in the navy yard there. According to a statement from his office, he was approached by three armed assailants who stole his vehicle. The congressman was unharmed during the incident and the car was later recovered about 2 miles away. No arrests have been made so far. The record surge of migrants crossing into the u. S. Is stretching resources thin in Many American cities. Now hospitals are raising concerns, saying theyre also overwhelmed. Nbc news Homeland Security correspondent Julia Ainsley explains. Reporter the border crisis surging, officials telling nbc news there were over 200,000 illegal crossings at the southern border last month and a record 3 million migrants crossed the border in the last year. Now a new warning a 1,000 miles away in new york city where officials tell us resources are overwhelmed. Across Public Hospitals in new york city, a quarter of the patienterize now migrants. Over the last year nearly 30,000 visits by migrants and 300 babies born to migrant moms. Staff here at Bell View Hospital tell us theyre eager to help but the numbers are tough. This has been the hardest work ive ever done but the most impactful work ive ever done. Reporter and most the taxpayer funded visits here by migrants are full. People are turning them away or turning them to other places. Reporter she says so many migrants are asking for legal help on Asimem Representation and health care access. Now she says american citizens who need Legal Assistance with issues like eviction and insurance have to wait up to ten weeks. If you ask me do we need more resources for legal services, i would say absolutely yes. Reporter meanwhile new yorks governor now slamming this situation at the border. It is too open right now. People coming from All Over The World are finding their way through simply say they need asylum. Reporter and new york mayor eric adams says providing services for migrants will cost City Taxpayers 12 billion. But Biden Administration officials have blamed adams response. It is not an operationally sound effort one senior dhs official told nbc news. Meanwhile migrants on the streets are desperate for city help. We met orlando who told us he slept on the street before coming to bellview. Reporter you have to make believe its a good bet, a king size and you lie down wherever and go to sleep, he says. Orlando told us he came to new york because he heard about the social services the city would offer to migrants like himself who were trying to start a new life. Terrific reporting there by nbcs Julia Ainsley. Still ahead on Way Too Early well be join by an Infectious Diseases doctor for some insight on Covid Vaccine shortages especially for children. And then a little later well have the latest on the war in ukraine as well as new reporting on President Bidens efforts to shore up support for the war torn country. Thats all straight ahead. Couny thats all strait ghahead. Trelegy for copd. Birds flyin high, you know how i feel. Breeze driftin on by. You know how i feel. You dont have to take. [coughing]. Copd sitting down. Its a new dawn,. Its a new day, its time to make a stand. And im feelin good. Start a new day