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The civil trial against former President Donald Trump, his family and his business empire will continue Wednesday, with more witness testimony as New York Attorney General Letitia James seeks to make her case that the Trump Organization fraudulently overvalued its assets.

Trump attended the first two days of the trial this week, and is expected to attend Wednesday as well. 

JUDGE IMPOSES PARTIAL GAG ORDER IN TRUMP ORG. TRIAL BLOCKING PARTIES FROM VERBAL ATTACKS AGAINST COURT STAFF

The court is expected to reconvene Wednesday morning after New York Judge Arthur Engoron imposed a partial gag order preventing all parties from engaging in any verbal attacks against court staff after the former president criticized a member of the judge’s office on social media.

A court sketch depicts former president Donald Trump’s civil court appearance in New York, New York on Tuesday, Oct. 3, 2023.  (Christine Cornell)

The gag order applies to both the Trump team and James’ team. The gag order only applies to verbal attacks on staff after a “defendant” posted to social media a “disparaging, untrue and personally identifying post about a member of my staff.”

Engoron added Tuesday afternoon that “personal attacks on members of my court staff are unacceptable, not appropriate” and warned they would not be tolerated.

TRUMP JUDGE FACES ONLINE BACKLASH AFTER SMILING, POSING FOR CAMERAS IN COURTROOM: ‘PARTISAN DEMOCRAT CLOWN’

Without naming the former president, Engoron was referring to a now-deleted Trump post on his Truth Social account about Engoron’s law clerk Allison Greenfield.

L – Former President Donald Trump R – New York Judge Arthur Engoron (Fox News)

Tuesday’s proceedings also featured continued testimony from Donald Bender of accounting firm Mazars USA LLP.  Bender’s testimony Monday focused on financial records dating back to 2011, which fell outside of the statute of limitations. 

The Appellate Division in Manhattan decided this summer that AG James could no longer sue for alleged transactions that occurred before July 13, 2014, or Feb. 6, 2016, depending on the defendant.

Trump’s defense objected over the statute of limitations for each document Bender was questioned on, but Engoron maintained they did not need to do that, saying, instead, that a “continuing objection” was sufficient. 

Trump’s defense, however, said they were concerned about exceptions, and said they planned to continue to object.

Bender, who spent several years preparing Trump’s tax returns, testified that he frequently interacted with the Trump Organization in preparing statements of financial conditions, or balance sheets.

Attorney General Letitia James arrives for the start of the civil fraud trial of former President Donald Trump at New York State Supreme Court. (Michael M. Santiago/Getty Images)

Bender testified he didn’t take any measures to ensure the information provided was true. He only raised an issue if something glaring stood out.

Part of Bender’s Tuesday testimony focused on financial documents from 2017 through 2019, and noted that he learned appraisal documents for certain years were not provided to Mazars. 

NEW POLL REVEALS HUGE GAP IN CONCERN OVER BIDEN’S AGE VS. TRUMP’S IN HYPOTHETICAL 2024 MATCHUP

Bender said he believed these documents should have been seen before Mazars prepared the compilation.

Bender continued testifying that if Mazars knew about missing appraisals, it would not have issued the statement of financial condition.

Former U.S. President Donald Trump appears in the courtroom for the start of his civil fraud trial at New York State Supreme Court on October 02, 2023 in New York City. (Brendan McDermid-Pool/Getty Images)

James, a Democrat, brought the lawsuit against Trump last year alleging he and his company misled banks and others about the value of his assets. James claimed Donald Jr., Ivanka, and Eric, as well as his associates and businesses, committed “numerous acts of fraud and misrepresentation” on their financial statements.

The appellate ruling over the summer dismissed Ivanka Trump as a defendant. 

Trump has blasted James for bringing the lawsuit; for the trial not having a jury; and Engoron, calling him “corrupt.” 

“The Attorney General filed this case under a consumer protection statute that denies the right to a jury,” a Trump spokesperson said. “There was never an option to choose a jury trial. It is unfortunate that a jury won’t be able to hear how absurd the merits of this case are and conclude no wrongdoing ever happened.” 

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Engoron last week ruled that Trump and the Trump Organization committed fraud while building his real estate empire by deceiving banks, insurers and others by overvaluing his assets and exaggerating his net worth on paperwork used in making deals and securing financing.

Engoron’s ruling came after James sued Trump, his children and the Trump Organization, alleging that the former president “inflated his net worth by billions of dollars,” and said his children helped him to do so.

Fox News’ Maria Paronich contributed to this report. 

FIRST ON FOX: Sen. Ted Cruz is quizzing the Transportation Security Administration (TSA) over the ongoing deployment of air marshals to the southern border, asking why marshals are being sent to deal with the migrant surge instead of being on U.S. flights.

“It is concerning that the administration has prioritized ushering illegal immigrants into the country over protecting the lives and safety of the traveling public,” Cruz, R-Texas, said in a letter to TSA Administrator David Pekoske.

Air marshals were initially sought to go to the southern border last year on a voluntary basis, but that later changed to mandatory deployments, sparking outrage and a “mutiny” from marshals. 

The air marshals became one of a number of law enforcement groups who ended up deployed to the besieged southern border as the migrant crisis escalated to historic levels.

AIR MARSHALS FACING MANDATORY BORDER DEPLOYMENT PLAN ‘MUTINY’ ON BIDEN ADMIN LEAVING FLIGHTS UNGUARDED: REPORT

Fox News drone video shows a group of about 2,200 migrants who crossed the U.S.-Mexico border to Eagle Pass, Texas. (Fox News)

Cruz, the ranking member of the U.S. Senate Committee on Commerce, Science and Transportation, accused the administration of “hypocrisy” for its emergency moves, while it also claims the border is secure.

“Compounding the hypocrisy, while the administration maintains that the border is secure, it also continues to reassign air marshals from protecting the skies to the southern border,” Cruz said.

Cruz cited reports that marshals are “performing administrative functions, conducting welfare checks, and escorting aliens to processing centers.” He also noted a number of security incidents on board U.S. flights, “meaning TSA’s decision to take air marshals off flights and deploy them to the border may be putting the traveling public at risk.”

MIGRANT NUMBERS HIT HIGHEST EVER RECORDED IN ONE MONTH: SOURCES

“While it is unknown whether air marshals would have been on those particular flights, what is known is that on both occasions at least 200 air marshals were busy assisting at the southern border and would not have been available to protect those flights,” he said.

Sen. Ted Cruz is calling for more information from the TSA. (Eric Lee/Bloomberg via Getty Images)

With record numbers continuing at the southern border — Fox reported last week September’s numbers are expected to surpass 260,000 — Cruz says it is likely that the situation will continue.

“Since the beginning of September, illegal aliens have crossed the U.S.-Mexico border at alarmingly high rates, and the number of air marshals dispatched to the border has increased, with numerous requests for medical leave reportedly being denied by supervisors,” he said. 

“Given the administration’s failed immigration enforcement approach, it seems likely that TSA’s deployment of air marshals to the border — instead of to high-risk passenger flights — will unfortunately continue.”

NEW YORK GOV. HOCHUL WANTS TO ‘LIMIT’ WHO CROSSES BORDER, SAYS IT’S ‘TOO OPEN RIGHT NOW’ 

A TSA spokesperson told Fox News Digital the agency “responds to congressional correspondence directly via official channels, and the Department will continue to respond appropriately to Congressional oversight.”

The agency has also noted that marshals were previously deployed to the border in 2019 during the Trump administration, as well as last year, in support of Customs and Border Protection (CBP). Marshals have also been deployed to support the U.N. General Assembly and hurricane recovery, among other missions. TSA says the deployment, which is on a reimbursable basis, is temporary and that air marshals will continue to support the agency’s critical mission on the ground and onboard aircraft.

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Cruz is seeking information on the number of air marshals deployed to the border since 2019, including the number of voluntary and mandatory deployments. He also wants to know if TSA has plans for additional rounds of deployments and who is authorizing them.

Democrat Washington, D.C., Mayor Muriel Bowser complained about the nation’s capital losing about 400 police officers in the past several years, just days before Rep. Henry Cuellar, D-Texas, was carjacked at gunpoint. 

Bowser had pleaded that the district needs more officers at a recent press conference

“We don’t have the officers that we need, and sadly we’ve lost three to four hundred officers in the last four years,” she said. “We haven’t had officers in our schools, and we have policies that make it difficult to recruit new officers.”  

Cueller said he was parking his car in D.C.’s Navy Yard neighborhood, a short distance from the U.S. Capitol Monday evening, when three armed assailants approached and stole his vehicle. 

TEXAS CONGRESSMAN HENRY CUELLAR CARJACKED AT GUNPOINT IN WASHINGTON, DC

D.C. Mayor Muriel Bowser has backed off her support of Black Lives Matter. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Police said Cuellar told them the suspects swarmed his vehicle, pointed firearms in his face and demanded the keys to his car. A witness also spotted the suspects, who are said to have been wearing masks and dressed in black clothing. Police said the suspects were about 5’10″ Black males “who may have been around the age of 16 due to their build.” 

The congressman was not harmed. U.S. Capitol Police, which took over the investigation, said Tuesday that authorities were still searching for the three carjacking suspects. 

“We have a number of leads,” U.S. Capitol Police Chief Tom Manger said in a statement Tuesday. “Our investigators are focused, determined and working around the clock.”

The stolen white Toyota Crossover was recovered with the assistance of the Metropolitan Police Department along the 2600 block of Douglas Road, SE, Capitol police said. It had been abandoned. Capitol police Crime Scene Technicians processed the scene, and the FBI is also assisting in the investigation. 

Bowser later issued a statement on the carjacking. 

Rep. Henry Cuellar said he was carjacked at gunpoint by three assailants. (Getty Images/Fox News)

KENTUCKY SEN. RAND PAUL SAYS STAFF MEMBER WAS ‘BRUTALLY ATTACKED’

“There is no higher priority than the safety of our residents and those who work in and visit D.C.,” Bowser said, according to the Washington Post. “We are using every tool available to reduce crime and support those tasked with enforcing the law and holding those accountable who break it. Although we are seeing some positive trends in recent crime statistics, we are troubled when any individual is in a situation that makes them feel unsafe in our city. We are grateful for the work of MPD in its response, and we will continue to identify commonsense solutions necessary to fill any gaps in our public safety ecosystem, including proposing and supporting policies that ensure we are also addressing long-term, complex public safety challenges.” 

Rep. Henry Cuellar was the victim of a carjacking in Washington, D.C., Monday night. (Fox News)

In June 2020, Bowser had Black Lives Matter painted in bright yellow letters on the street that runs into the White House following George Floyd’s death in Minneapolis, while former President Donald Trump was in office. Protesters soon added the message “defund the police” to the street mural, as was seen in aerial images taken above the nation’s capital at the time. 

Bowser notably changed her tune when she was up for re-election, backing away from the defunding stance promoted by progressive Democrats in the district. 

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D.C. has seen 216 homicides as of Oct. 3, marking a 38% increase since last year. 

Instances of robbery increased by 68% compared to 2022, while motor vehicle theft soared by 106%, according to data on the D.C. Metro Police Department’s website. 

As Kevin McCarthy, R-Calif., has been booted from his post as House speaker after a motion to vacate brought forth by hardliner Rep. Matt Gaetz, R-Calif., an unlikely nominee has been suggested as next speaker: former President Donald Trump.

Texas Rep. Troy Nehls said in a statement Tuesday afternoon his first order of business when the House reconvenes “will be to nominate Donald J. Trump for Speaker of the U.S. House of Representatives.”

“President Trump, the greatest President of my lifetime, has a proven record of putting America First and will make the House great again,” he said.

Rep. Greg Steube, R-Fla., followed suit in a post on X, formerly known as Twitter, on Tuesday evening: “@realDonaldTrump for Speaker.”

MATT GAETZ INTRODUCES MOTION TO VACATE AGAINST HOUSE SPEAKER KEVIN MCCARTHY

Former President Donald Trump takes the stage during an organizing event at Fervent Calvary Chapel on July 8, 2023, in Las Vegas.  ((Ellen Schmidt/Las Vegas Review-Journal/Tribune News Service via Getty Images))

The next speaker does not have to be a current sitting member in the House, but every speaker in U.S. history has been.

It’s not the first time Trump has been floated as a nominee for speakership, either. In January, as McCarthy struggled to garner enough votes to secure his speakership, Gaetz cast a ballot for Trump.

In a gaggle with reporters on the Hill after the vote Tuesday, Gaetz said he’d support several members of Congress should they decide run for the post, including GOP Reps. Tom Emmer, Mike Johnson, Jodey Arrington, Kevin Hern, or Steve Scalise, none of whom voted to oust McCarthy.

House Financial Services chairman Rep. Patrick McHenry will serve as interim Speaker until a replacement for McCarthy is chosen. 

HOUSE DEMOCRATIC LEADERS SAY THEY WILL VOTE TO OUST SPEAKER MCCARTHY

Rep. Matt Gaetz, R-Fla., talks to reporters just after House Speaker Kevin McCarthy’s last-ditch plan to keep the government temporarily open collapsed, at the Capitol in Washington, Friday, Sept. 29, 2023.  (AP Photo/J. Scott Applewhite)

House rules dictated that McCarthy, upon his election as speaker in January, provide a secret list of members to succeed him as speaker pro tempore should the office be vacated as it was with his removal. It was revealed following the vote to oust McCarthy that McHenry was at the top of the list.

McHenry, a former media consultant and political operative, was first elected to the House to represent North Carolina’s 10th Congressional District in 2004. He was selected as the House Republican chief deputy whip in 2015 and served in the role until 2019. He was selected as chair of the House Financial Services Committee in January.

GAETZ TAKES VICTORY LAP AFTER HISTORIC VOTE TO BOOT MCCARTHY FROM HOUSE SPEAKERSHIP

Rep. Matt Gaetz, R-Fla., and House Speaker Kevin McCarthy. (Kevin Dietsch/Getty Images | Photo by Win McNamee/Getty Images)

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Eight Republicans sided with House Democrats on Tuesday to oust McCarthy from his role as speaker after a dramatic floor vote tallying each member’s vote by surname. 

An hour of debate was heard before members of Congress cast their votes. The vast majority of Republican lawmakers passionately spoke in favor and against McCarthy, and forced the anti-McCarthy group to speak from the Democratic side of the House floor.

McCarthy told reporters Tuesday evening he would not be running again for speakership.

Fox News’ Brandon Gillespie contributed to this report.

Lawmakers voted Tuesday to oust embattled Kevin McCarthy, R-Calif., as Speaker of the House of Representatives.

Such a move is the first in time history that the top member of the House has been removed from the job. Eight Republicans sided with every Democrat in a 216-210 vote. 

Rep. Matt Gaetz, R-Fla., introduced a measure against McCarthy known as a motion to vacate on Monday night, accusing him of breaking promises he made to win the speaker’s gavel in January. 

“For the last eight months, Speaker McCarthy has been in breach of that agreement,” Gaetz said Tuesday in a statement. “All of Speaker McCarthy’s failure theater resulted in him teaming up with Democrats to pass a continuing resolution that funds Ukraine, funds Jack Smith’s election interference against President Trump, abandons E-Verify, and does nothing to put the interests of the American people first.”

Then-Speaker of the House Kevin McCarthy, R-California, speaks to reporters outside the Speakers Balcony at the U.S. Capitol Building on July 25. On Tuesday, McCarthy was ousted as House Speaker.  (Anna Moneymaker/Getty Images)

Here are the eight Republicans who broke with their party to oust McCarthy:

Rep. Andy Biggs, Arizona

Rep. Andy Biggs outside of the U.S. Capitol. (Getty Images)

During remarks on the House floor, Biggs said McCarthy’s passage of a budget resolution only further negatively impacted the national debt and immigration. 

“Until you leverage the budget and spending, you will not see enforcement by this administration,” he said.

In a statement earlier, he said McCarthy had failed as an effective leader. 

“He has gone against many of the promises he made in January and can no longer be trusted at the helm,” he wrote. 

Rep. Ken Buck, Colorado

Rep. Ken Buck speaks at a podium.  (Getty Images)

Buck said his vote stemmed from McCarthy’s fiscal moves he says has elevated the national debt.  

“We are $33 trillion in debt and on track to hit $50 trillion by 2030,” he wrote on social media. “We cannot continue to fund the government by continuing resolutions and omnibus spending bills. That’s why I voted to oust @SpeakerMcCarthy. We must change course to sensible budgeting and save our country.”

In another statement, Buck said he initially supported McCarthy in January because he was in the best position to keep the GOP’s promises to the American people. 

“It’s clear that we need a principled Speaker who can keep his word not just to members of Congress, but to the American people,” he wrote. 

Rep. Tim Burchett, Tennessee

Rep. Tim Burchett is one of eight Republicans to oust former House Speaker Kevin McCarthy. (Getty Images)

Burchett described McCarthy as a friend but that his vote to oust McCarthy was “a choice between that and my conscious.”

“This was a tough decision. I voted for McCarthy for Speaker of the House back in January and I consider him a friend,” he said in a statement. “However, I had to vote for what I think is best for the American people.” 

“We need leadership that will take real action to address our country’s serious financial crisis and steer us in a better direction, and we shouldn’t settle for anything less than that,” he added. 

Before the vote, Burchett said he was poised to remove McCarthy over the $33 trillion in debt, saying the House needed to change direction in leadership. 

Rep. Eli Crane, Arizona  

Rep. Eli Crane seated in the House chamber working on a laptop.  (Getty Images)

Crane didn’t mention McCarthy by name but said after the vote that change is needed to overhaul the “ineffective and dishonest way” Washington works. 

“I’m prepared to support a speaker who agrees,” he said. 

Earlier, he said Republicans have capitulated to Democrats to support their measures. 

“Each time our majority has had the chance to fight for bold, lasting change for the American people, leadership folded and passed measures with more Democrat support than Republican,” he said.

Rep. Matt Gaetz, Florida

Rep. Matt Gaetz seen surrounded by reporters while leaving the U.S. Capitol.  (Getty Images)

Gaetz led the effort to remove McCarthy, whom he often criticized for negotiations over the debt ceiling and other measures. 

In an interview after the vote, he called the former speaker a “feature of the swamp.”

“He has risen to power by collecting special interest money and redistributing that money in exchange for favors,” he said. “We are breaking the fever now.”

In a social media post, Gaetz said: “The fight is not over. Now we must elect a Speaker.”

Rep. Bob Good, Virginia

Rep. Bob Good, R-Va., speaks during the Freedom Caucus news conference on the debt limit in the Capitol on Friday, March 10, 2023. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

Good cited this past weekend’s continuing resolution, which kept the government open, in his remarks. 

“The American people need a Speaker who will fight to keep the promises Republicans made to get the majority, not someone who cuts fiscally irresponsible deals that get more Democrat votes than Republican votes,” he said in a statement. 

Rep. Nancy Mace, South Carolina

Rep. Nancy Mace speaks at a podium surrounded by media.  (Getty Images)

Mace said McCarthy had not “lived up to his word” on how the House would operate. 

“There has also been no action on many issues we care about and were promised,” the South Carolina congresswoman in a statement. “We were promised we would move on women’s issues and legislation to keep our communities safe. Those things never happened.

“I came here to take difficult votes and do the right thing, regardless of the pressure and regardless of the threats (bc there’s been plenty of both),” she added. “Today I’m voting against 95 percent of my party in the hopes of fixing how Congress operates.”

She said as long as McCarthy remains as house speaker, “this chaos will continue.”

Rep. Matt Rosendale, Montana

Rep. Matt Rosendale is one of eight Republicans to oust former House Speaker Kevin McCarthy. (Getty Images)

Rosendale accused McCarthy of working against the Republican Party and supporting “ploys to aid the left.”

“This demonstration of failed leadership is exactly why I plan on supporting the motion to vacate this afternoon,” he said in a statement. 

Before the vote, he told Fox News in a statement that he planned to help oust McCarthy over him working with Democrats on the debt limit deal earlier this year, not negotiating with the Senate over the NDAA, and pushing a continuing resolution to avert a government shutdown over the weekend. 

Fox News Digital’s Elizabeth Elkind contributed to this report. 

• Republican Utah Rep. John Curtis has announced that he will not run to succeed retiring U.S. Sen. Mitt Romney, noting his belief that “we need elected leaders who are more concerned about doing their job than getting the next job” in a Monday op-ed.
• Romney’s retirement has left the primary field in Utah, a Republican stronghold, wide open. Declared candidates include state House Speaker Brad Wilson, Riverton Mayor Trent Staggs and Roosevelt Mayor Rod Bird Jr.
• Curtis has represented Utah’s deep-red third congressional district, which stretches from his native Provo to the Colorado border, since 2017.

U.S. Rep. John Curtis won’t run to succeed Mitt Romney, leaving the race to replace the nationally known Utah senator clear of one of the state’s best known Republicans.

“We’ve accomplished a lot but my work for them is not done,” Rep. John Curtis wrote in a Monday op-ed in the Deseret News. “I believe we need elected leaders who are more concerned about doing their job than getting the next job. To walk away now would leave a commitment unfilled. I want to finish the job.”

A former mayor of the city of Provo, Curtis, 63, has served in Congress since 2017, winning a special election that year and reelection by wide margins ever since.

UTAH HOUSE SPEAKER JUMPS IN SENATE RACE TO REPLACE ROMNEY: ‘OUR COUNTRY IS NOT ON THE RIGHT PATH’

Curtis emerged as a possible candidate after Romney, 76, announced last month that he won’t run for reelection. Romney said he would be too old by the time his second term ended and that younger people needed to step up and run.

The announcement opened a wider door for next year’s Senate race and led to speculation about whether Utah voters will choose a political moderate like Romney or a farther-right figure such as Utah’s other U.S. senator, Mike Lee, a supporter of former President Donald Trump, who’s running again for the Republican presidential nomination.

Republican Utah Rep. John Curtis speaks at an election night party, Sandy, Utah, Nov. 3, 2020. (AP Photo/Rick Bowmer, File)

Curtis was considering a run as recently as last week, when campaign manager Adrielle Herring said internal polling was favorable and “everything is pointing” toward him running.

He would have been a formidable contender for the job in Republican-dominated Utah, along with Republican Utah House Speaker Brad Wilson, 54, who announced his campaign Wednesday. At his announcement rally, Wilson blamed President Joe Biden’s administration for inflation, immigration problems at the U.S.-Mexico border, and high gasoline prices.

UTAH REPUBLICAN RAISES MORE THAN $2 MILLION AS HE EXPLORES ‘LIKELY’ BID TO TAKE ROMNEY’S SENATE SEAT

Wilson had expressed interest in running for months and has already raised $2.2 million, including $1.2 million in personal funds.

A handful of lesser known Republicans also have entered the race, including Trent Staggs, mayor of the city of Riverton and a securities investor who was first to announce in May; and Rod Bird Jr., mayor of the small Utah town of Roosevelt and founder of an oilfield supply company.

Possible additional candidates include Tim Ballard, founder of the anti-child-trafficking group Operation Underground Railroad. The organization inspired a film popular with conservative moviegoers last summer, “Sound of Freedom,” even as Ballard was ousted from the group amid reports of sexual misconduct. Ballard denies the claims.

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The winner of next year’s Republican primary on June 25 will be heavily favored to win the general election in November. The state’s Republicans outnumber Democrats by a more than 3-to-1 margin.

Rep. Patrick McHenry, R-N.C., is the new temporary leader of the House of Representatives after former House Speaker Kevin McCarthy was removed from his post Tuesday afternoon in a nail-biting vote.

House rules dictated McCarthy, upon his election as speaker in January, provide a secret list of members to succeed him as speaker pro tempore should the office be vacated as it was with his removal. It was revealed following the vote to oust McCarthy that McHenry was at the top of the list.

McHenry, a former media consultant and political operative, was first elected to the House to represent North Carolina’s 10th Congressional District in 2004. He was selected as the House Republican chief deputy whip in 2015, and served in the role until 2019. He was selected as chair of the House Financial Services Committee in January.

HOUSE VOTES TO REMOVE KEVIN MCCARTHY AS SPEAKER IN HISTORIC FIRST

Representative Patrick McHenry, a Republican from North Carolina and chairman of the House Financial Services Committee, during a hearing in Washington, DC, US, on Wednesday, June 21, 2023. (Nathan Howard/Bloomberg via Getty Images)

Now that he is speaker pro tempore, he has the powers of the House speaker in order to guide the chamber in its continued operation until a new speaker is elected.

The 216-210 vote to remove McCarthy came about after Rep. Matt Gaetz, R-Fla., introduced a motion to vacate Monday evening after threatening to do so amid clashes between different factions of the Republican Party over details of a deal averting a government shutdown.

Eight Republicans, including Gaetz, joined all Democrats in voting against McCarthy’s continued speakership.

Republican Florida Rep. Matt Gaetz and former House Speaker Kevin McCarthy. (ANDREW CABALLERO-REYNOLDS / AFP, Al Drago/Bloomberg)

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It’s unclear in which direction House Republicans intend to go as the process of selecting a new speaker moves forward, but McCarthy has said he intends to serve in the role.

This is a developing story. Check back here for updates.

Welcome to Fox News’ Politics newsletter with the latest political news from Washington D.C. and updates from the 2024 campaign trail. 

Subscribe now to get Fox News Politics newsletter in your inbox.

What’s happening:

– Unprecedented: The House removed a speaker for the first time in U.S. history…

– Former President Trump was in Manhattan Tuesday for a civil fraud trial…

– Congress averted a government shutdown in the 11th hour over the weekend, but funding runs out again in mid-November…

MCCARTHY OUSTED

216 House members – every Democrat available to vote as well as eight Republicans – voted to remove Rep. Kevin McCarthy as House speaker on Tuesday. Nothing can happen in the House until it selects a speaker. In January, when the new, narrow House GOP majority took control of the chamber, it took 15 rounds of voting to get McCarthy over the edge. One of the concessions McCarthy made to get people over the edge was to allow for any single member to introduce a motion to vacate the speakership, which finally happened today …Read more

House Speaker Kevin McCarthy has been dealing with an unruly GOP conference for much of his leadership so far

HOW WE GOT HERE: GOP Rep. Matt Gaetz of Florida introduced the motion to vacate after a government spending fight that nearly caused a partial government shutdown. Gaetz and a few Republicans known to other members of the party as “rebels” have pressed for “regular order” in the budget process – which means passing individual appropriations bills, something that has not happened for years. The most recent continuing resolution, which funds the government at current levels set by the last congress through mid-November, was the last straw for a few Republicans, who wield significant power in the closely divided GOP majority. 

WHAT HAPPENS NEXT: Republican Rep. Patrick McHenry is now the speaker pro tem. The House will hold elections for speaker until a new one is selected. 

White House Watch

‘HIGHER PRICES’: Biden admin facing bipartisan pressure to fight EU climate regs …Read more

HOW DO YOU PLEAD: Hunter Biden makes pleads not guilty on gun charges …Read more

GAGGED: The Judge in Trump’s civil fraud trial reacted to the former president’s post about court staff …Read more

Up the Hill

CARJACKED: Democratic Rep. Henry Cuellar had his car taken at gunpoint Monday …Read more

COP SHORTAGE: DC mayor lamented lack of officers days before congressman’s carjacking …Read more

ON THE OUTS: Here are the 5 GOP lawmakers who sought to oust McCarthy …Read more

WALLED UP: Hawley bill allows walls, deportations of illegal immigrants …Read more

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub

The New York judge presiding over the Trump Organization trial imposed a partial gag order preventing all parties from engaging in any verbal attacks against court staff, after former President Trump criticized a member of the judge’s office on social media.

Judge Arthur Engoron on Tuesday afternoon issued an order that he said applies to both the defense and New York Attorney General Letitia James’ team. The gag order only applies to verbal attacks on staff.

TRUMP CIVIL TRIAL CONTINUES FOR A SECOND DAY IN NEW YORK CITY

Engoron said his order came after a defendant “posted to a social media account a disparaging, untrue and personally identifying post about a member of my staff.”

L – Former President Donald Trump R – New York Judge Arthur Engoron (Fox News)

Engoron added that “personal attacks on members of my court staff are unacceptable, not appropriate” and warned they would not be tolerated.

Without naming the former president, Engoron was referring to a now-deleted Trump post on his Truth Social account about Engoron’s law clerk Allison Greenfield.

TRUMP JUDGE FACES ONLINE BACKLASH AFTER SMILING, POSING FOR CAMERAS IN COURTROOM: ‘PARTISAN DEMOCRAT CLOWN’

Trump posted on Truth Social alleging Greenfield had a relationship with Senate Majority Leader Chuck Schumer, D-N.Y. The post also contained a photo. 

“Schumer’s girlfriend, Alison R. Greenfield, is running this case against me. How disgraceful!” Trump posted. “This case should be dismissed immediately!!” 

Trump deleted the post at the beginning of the lunch recess. 

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The order came during the second day of the non-jury, civil trial of the Trump, his family and the Trump Organization stemming from James’ lawsuit alleging Trump inflated his assets and committed fraud when building his business empire. 

Trump was present in the lower Manhattan courtroom for both Monday and Tuesday. 

Fox News’ Maria Paronich and The Associated Press contributed to this report. 

Conservatives aligned with former President Donald Trump are coming out in opposition to the motion by Rep. Matt Gaetz, R-Fla., to vacate House Speaker Kevin McCarthy, R-Calif., over the stopgap government funding bill passed late Saturday.

Gaetz threatened over the weekend that he would file the motion this week, which would aim to effectively oust McCarthy from the speakership after he accused McCarthy of making a “side deal” with Democrats to send additional aid to Ukraine. McCarthy, who said he supports arming Ukraine, but not sending additional money to Ukraine, rejected the notion that a side deal took place with Democrats or President Biden.

“For all the crocodile tears about what may happen later this week about a motion to vacate, working with the Democrats is a yellow brick road that has been paved by Speaker McCarthy,” Gaetz said during a floor speech Monday afternoon. “Whether it was the debt limit deal, the [continuing resolution], or now the secret deal on Ukraine.” 

“This is swampy log-rolling,” Gaetz added. “The American people deserve single subject bills. I get that a lot of folks might disagree with my perspectives on the border or on Ukraine – but can we at least agree that no matter how you feel about Ukraine or the southern border, they each deserve the dignity of their own consideration and should not be rolled together where they might pass, where each individually wouldn’t. This is what we’re trying to get away from.”

HOUSE GOP MEMBERS SEEK TO EXPEL GAETZ AMID RENEWED THREAT TO VACATE HOUSE SPEAKER MCCARTHY

Rep. Matt Gaetz speaks to reporters on the steps of the Capitol on Monday. (AP Photo/Mark Schiefelbein)

On Saturday, the House and Senate passed a stopgap government funding bill which Biden signed later that evening. The bill – which passed the House in a 335-91 vote – helped avoid a government shutdown, which would have resulted in thousands of federal employees being furloughed, and extended funding through mid-November.

Gaetz ultimately filed a motion to vacate on Monday evening, hours after he said in his floor speech to “stay tuned.” The House is poised to vote on the motion Tuesday afternoon after a separate effort to kill the motion failed.

His actions garnered pushback from Republicans, including those who have traditionally been aligned with Trump.

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“Yes, that is correct,” conservative commentator Mark Levin said Monday. “The guy who says McCarthy is the Democrats’ speaker is plotting and scheming with the radical Democrats to take out a Republican speaker who is more conservative than he is (McCarthy backed the Freedom Caucus CR and the cuts and border security, which Gaetz and 4 others killed).” 

“There are now numerous reports that Gaetz is doing this not because he insists that McCarthy interfered with an ethics investigation of him, which a speaker cannot do and has never done,” Levin continued. “I might add that after two years it’s about time the Ethics Committee release its report and either lift the cloud over Gaetz or clear him. Gaetz should demand this as well.”

Rep. Marjorie Taylor Greene came out in opposition to Gaetz’s threatened motion to vacate House Speaker Kevin McCarthy. (Getty Images)

Rep. Marjorie Taylor Greene, R-Ga., added that, while she shared substantive concerns about McCarthy’s leadership with Gaetz, she wouldn’t support a motion to vacate.

“What I see is a system of failure and a federal government that serves the world first and America last and my desire for wanting to fix it is why I ran for Congress in the first place,” the Georgia Republican said. “So I agree with Matt Gaetz that things must change, but I don’t agree that a motion to vacate will effectively create the changes needed to solve the intentional systemic failure that create the annual never-ending CR’s and Christmas omnibus mega spending packages.”

“A [motion to vacate] of our speaker gives the upper hand to the Democrats, during dangerous times while we have been handed over under the presidency of an ailing old man ridden with dementia, whom has spent over 50 years in Washington seats of power corruptly enriching himself and his family by delivering policy deals to foreign investors,” she added.

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Additionally, former House Speaker Newt Gingrich suggested GOP leadership could expel Gaetz from the House Republican Conference and eliminate his committee assignments.

“Is Gaetz secretly an agent for the Democratic Party? No one else is doing as much to undermine, weaken and cripple the House GOP,” Gingrich said in a social media post.

Former Speaker Newt Gingrich and current Speaker Kevin McCarthy are pictured in November 2022. (Jabin Botsford/The Washington Post via Getty Images)

And Rep. Tom McClintock, R-Calif., who was endorsed by Trump during the 2022 election, blasted the effort to file a motion to vacate as counterproductive and self-destructive during a floor speech that preceded Gaetz’s on Monday.

“We are faced with the threat that a Republican will move to vacate the Republican speaker of the House. It will only require four other Republican members to join the Democrats to achieve this result,” McClintock said. “The immediate effect will be to paralyze the House indefinitely because no other business can be taken up until a replacement is elected.”

“Just when we are on the verge of completing the appropriations process, that in turn will finally initiate discussions with the Senate that are vital to change the dangerous path that our country is on – I cannot conceive of a more counterproductive and self-destructive course than that,” the California Republican added. “The supreme irony is that this is being initiated by self-described conservatives.”

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Also on Monday, former senior White House adviser Stephen Miller said McCarthy is “not going to be going anywhere” and called for unity among Republicans to solve border security issues.

“I think at this point in time, it’s very clear that Kevin is not going to be going anywhere,” Miller said in an interview with FOX Business. “He has the support of 218 members and I understand and I need to – everybody rise above. I understand all the emotions that are playing out right now.” 

“But for the love of God, we are losing this country and we are losing it fast,” he continued. “Republicans need to unify around the twin mission of stopping the open border invasion and stopping a government that has been weaponized against conservatives and Christians and anyone who does not subscribe to the tenets of the radical left.”

Gaetz’s office did not respond to Fox News Digital’s request for comment.

FIRST ON FOX: Sen. Josh Hawley, R-Mo., is introducing legislation to allow states to build their own border barriers, as well as prosecute and deport illegal immigrants – just as Texas is battling with the Biden administration over barriers it has set up at the Mexican border.

The State Border Defense Act would allow California, Arizona, New Mexico and Texas to construct barriers on federal lands or water along the southern border. The bill also allows states to prosecute and remove illegal immigrants from the country. The bill expands on legislation introduced last year and empowers the states by allowing them to enforce federal immigration law, effectively nullifying a 2012 Supreme Court case that significantly limited the ability of states to be involved in enforcement.

The legislation comes as Texas is battling with the Biden administration over its efforts to build a buoy barrier in the Rio Grande. The Department of Justice said the barrier violated federal law, raised humanitarian concerns, and presented “serious risks” to public safety and the environment.

MIGRANT NUMBERS HIT HIGHEST EVER RECORDED IN ONE MONTH: SOURCES

Sen. Josh Hawley has regularly called for additional security at the southern border. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

A federal judge initially ordered the barrier to be removed, but that order has been put on hold by an appeals court. However, it is not the only challenge Texas is facing. Images last month showed Border Patrol agents cutting through barbed wire – set up by Texas – in order to allow migrants to be processed. Arizona last year had set up shipping containers as a makeshift border barrier but removed them amid a legal challenge from the administration.

The Biden administration, meanwhile, has largely ended border wall construction, which increased dramatically under the Trump administration.

As those challenges continue, numbers at the border are skyrocketing. Customs and Border Protection (CBP) sources told Fox News last week that total migrant encounters for September have exceeded 260,000, which is the highest monthly total ever recorded. That is after multiple days of more than 11,000 encounters a day – which exceeds records set during the days leading up to the expiration of Title 42 in May.

“Our southern border is overrun,” Hawley told Fox News Digital. “Joe Biden’s dangerous open-border policies are making it worse every single day, leaving states like Missouri to deal with the consequences. Since the federal government refuses to enforce our immigration laws, states must be able to.”

JUSTICE DEPARTMENT FILES INJUNCTION AGAINST TEXAS OVER FLOATING BORDER BARRIER IN RIO GRANDE

Buoys float on the Rio Grande in Eagle Pass, Texas on July 20, 2023. The buoys were installed to prevent migrants from reaching the north embankment of the river on the international boundary between Mexico and the U.S. (Omar Ornelas/El Paso Times/USA Today Network)

State involvement in the migrant crisis is growing as an issue. While Texas and Arizona have been directly impacted, there have been growing noises from other states – including Democrat-run states and cities like New York and Chicago, which have called for more action from the federal government.

While those calls have largely been limited to calling for more funding and work authorizations for migrants, some have started to call for additional border security efforts to stop them from coming into the U.S. in the first place.

NEW YORK GOV. HOCHUL WANTS TO ‘LIMIT’ WHO CROSSES BORDER, SAYS IT’S ‘TOO OPEN RIGHT NOW’ 

“Well, we want them to have a limit on who can come across the border. It is too open right now,” New York Gov. Kathy Hochul said on Sunday. “People coming from all over the world are finding their way through simply saying they need asylum.”

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“We are always so proud of the fact that New York has the Statue of Liberty in our harbor. We are one of the most diverse places on Earth because of our welcoming nature, and it’s in our DNA to welcome immigrants. But there has to be some limits in place,” she said.

Bernie Moreno, a U.S. Senate candidate vying for the Republican nomination to take on three-term incumbent Democrat Sen. Sherrod Brown next year, has reportedly raised $4 million in the third quarter, according to campaign finance disclosures, and $3 million of that has come out of his own pocket. 

The wealthy Cleveland businessman, who has received praise from former President Donald Trump, also announced he has about $5 million in cash on hand. 

The Republican’s campaign provided those figures to Politico ahead of the Oct. 15 disclosure deadline with the Federal Elections Commission.

Moreno, who made headlines earlier this year for suggesting reparations for White descendants of Civil War soldiers at a campaign stop, is one of the first major Senate Republican candidates to reveal his campaign haul for the third quarter, which spans from July 1 to Sept. 30.

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Bernie Moreno is acknowledged at a rally with former President Donald Trump at the Delaware County Fairgrounds, on April 23, 2022, in Delaware, Ohio. (AP Photo/Joe Maiorana)

Moreno previously said he raised nearly $2.3 million in the second quarter. This is his second bid for the U.S. Senate after a short-lived primary run in 2022. 

Trump, who played a key role in throwing support behind candidates in the midterms, praised Moreno in a TRUTH Social post in April but has not yet endorsed a candidate in the 2024 race. 

“Word is that Bernie Moreno, the highly respected businessman from the GREAT STATE of OHIO, and the father-in-law of fantastic young Congressman, Max Miller, is thinking of running for the Senate. He would not be easy to beat, especially against Brown, one of the worst in the Senate!” Trump wrote. 

OHIO GOP SENATE CANDIDATE BERNIE MORENO PROPOSES REPARATIONS FOR WHITE DESCENDANTS OF CIVIL WAR SOLDIERS

Sen. JD Vance, R-Ohio, considered a top ally to Trump, endorsed Moreno in May. 

Sen. Sherrod Brown during a rail safety event in Columbus, Ohio, on Wednesday, April 12, 2023. (Maddie McGarvey/Bloomberg via Getty Images)

“Thrilled to endorse Bernie Moreno for senate. He’s a good friend, a job creator, and will be a fantastic senator. We’d make a hell of a team!” Vance wrote on X, still known as Twitter at the time. 

Besides Moreno, considered a political outsider, Ohio Secretary of State Frank LaRose and State Sen. Matt Dolan, whose family owns the Cleveland Guardians baseball team, are also vying for the GOP nomination to take on Brown. Roll Call considers Brown one of the most vulnerable Democrat incumbents in the 2023 election.  

Republican Senate candidate Matt Dolan addresses the media after his primary loss to JD Vance on May 3, 2022, in Independence, Ohio. (Nic Antaya/Getty Images)

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Both Moreno and Dolan have the ability to finance their campaigns by dipping into their own fortunes. In the 2022 race, Moreno reported more than $3 million in self-financing, according to Politico. 

Someone at former President Trump’s $250 million civil fraud trial is definitely “lovin’ it.”

A “yuge” order of McDonald’s was carried into the Manhattan court on Monday as trial proceedings took a break for lunch. Staff in suits were pictured hauling at least six brown paper bags into the Centre Street complex — where Trump is on trial for allegedly inflating the value of his businesses by $2.2 billion. 

It is not clear who placed the order, but the former president has a well-documented love for the Golden Arches. When Trump occupied the White House, he was known to splurge on big orders and treat guests and staff to his favorite meal — a Big Mac, Filet-O-Fish, fries and milkshake.

In 2019, Trump served McDonald’s, Wendy’s and Burger King to the NCAA national champion Clemson Tigers football team at the White House. 

TRUMP CIVIL TRIAL CONTINUES FOR A SECOND DAY IN NEW YORK CITY

Staffers were seen carrying a large order of McDonald’s to the Manhattan court building where former President Trump is on trial in a $250 million civil fraud case. (Peter Gerber)

The former president has previously admitted to feeling better about eating fast food from McDonald’s and Wendy’s due to hygiene and food-prep concerns, as well as taste.

“I’m a very clean person. I like cleanliness, and I think you’re better off going there than maybe someplace that you have no idea where the food’s coming from. It’s a certain standard,” he said in a 2016 interview. “I think the food’s good,” he added.

Staff in suits were pictured carrying brown paper bags to the Manhattan courthouse where Trump appeared before Judge Arthur Engoron on Oct. 2, 2023, to face trial on fraud charges. (Peter Gerber)

Trump may want some comfort food as he defends his business empire against allegations of fraud made by New York Attorney General Letitia James in a lawsuit.

The former president, who polls show currently leads the 2024 Republican presidential primary field by a massive margin, arrived in court in Lower Manhattan Monday morning for a non-jury trial, presided over by Judge Arthur Engoron, after a New York State Appeals Court rejected Trump’s request to delay the civil trial.

TRUMP TO ATTEND SECOND DAY OF CIVIL FRAUD TRAIL IN NEW YORK: LIVE UPDATES

Former President Trump has a well-documented love for fast food. His reported favorite meal is a McDonald’s Big Mac, Filet-O-Fish, french fries and milkshake. (Peter Gerber)

Engoron last week ruled that Trump and the Trump Organization committed fraud while building his real estate empire by deceiving banks, insurers and others by overvaluing his assets and exaggerating his net worth on paperwork used in making deals and securing financing.

Engoron’s ruling comes after James sued Trump, his children and the Trump Organization, alleging that Trump “inflated his net worth by billions of dollars” and said his children helped him to do so.

Before entering the courtroom, Trump spoke to reporters, blasting the “disgrace” of a civil trial stemming from “corrupt” James’ lawsuit against him, and presided over by “corrupt” Judge Engoron.

Trump attorney Christopher Kise, in his opening statement Monday, said Trump’s financial statements contained no false entries, and argued that prosecutors were relying on the word of a “known liar”—former Trump attorney Michael Cohen—to establish wrongdoing.

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At least six bags of McDonald’s were seen being delivered to the Manhattan courthouse where former President Trump is on trial. (Peter Gerber)

Prosecutors claimed that Trump and his associates knowingly submitted false financial statements—basing their theory on Cohen’s sworn testimony. The prosecution played a clip of Cohen stating that Trump would regularly task him and other lawyers with inflating his net worth, even if only to raise his placement on the Forbes wealth list. The video showed Cohen testifying that he witnessed this behavior on a regular basis from 2011 to 2015.

Trump’s defense lawyers argued that James only began investigating Trump after she was elected attorney general in 2019 because of a campaign promise to “get Trump.” Trump attorney Alina Habba said the Trump Organization’s assets were actually “undervalued” and contested Engoron’s valuation of Mar-A-Lago at $18 million, saying it would sell for “at least” $1 billion.

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Trump will return to court Tuesday, when prosecutors are expected to take testimony from their first witness, Donald Bender of accounting firm Mazars USA LLP, to its overall case. 

Bender’s testimony focused on financial records dating back to 2011, which fell outside the statute of limitations. James has promised the prosecution would tie his testimony to something within the statute of limitations at trial today. 

The civil trial against former President Donald Trump, his family and his business empire will continue Tuesday with more witness testimony as New York Attorney General Letitia James seeks to make her case that the Trump Organization overvalued its assets.

Trump attended the first day of the trial Monday and is expected to return Tuesday.

The court is expected to reconvene with James’ office tying testimony from its first witness, Donald Bender of accounting firm Mazars USA LLP, to its overall case. Bender’s testimony focused on financial records dating back to 2011, which fell outside of the statute of limitations. 

Judge Arthur Engoron, who is presiding over the non-jury civil trial, said the questioning was a “waste of time” unless James’ office could tie it back to something within the statute of limitations–something James’ office promised to do Tuesday. 

Former US President Donald Trump (C) sits with his attorneys inside the courtroom during his civil fraud case brought by state Attorney General Letitia James, at a Manhattan courthouse, in New York City, on October 2, 2023. Former US president Donald Trump was in court Monday for what he slammed as a “sham” civil fraud trial against him and two of his sons, with the case threatening the Republican’s business empire as he campaigns to retake the White House.  (Brendan McDermid-Pool/AFP/Getty Images)

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Monday’s session marked an unprecedented scene in a Manhattan courtroom—featuring the former president of the United States and current 2024 Republican presidential primary frontrunner and his children defending their business empire.

Before entering the courtroom, Trump spoke to reporters, blasting the “disgrace” of a civil trial stemming from “corrupt” James’ lawsuit against him, and presided over by “corrupt” Judge Arthur Engoron.

Engoron last week ruled that Trump and the Trump Organization committed fraud while building his real estate empire by deceiving banks, insurers and others by overvaluing his assets and exaggerating his net worth on paperwork used in making deals and securing financing.

Engoron’s ruling came after James sued Trump, his children and the Trump Organization, alleging that the former president “inflated his net worth by billions of dollars,” and said his children helped him to do so.

Trump attorney Christopher Kise, in his opening statement Monday, said Trump’s financial statements contained no false entries, and argued that prosecutors were relying on the word of a “known liar”—former Trump attorney Michael Cohen—to establish wrongdoing.

Former US President Donald Trump (C) sits with his attorneys inside the courtroom during his civil fraud case brought by state Attorney General Letitia James, at a Manhattan courthouse, in New York City, on October 2, 2023. Former US president Donald Trump was in court Monday for what he slammed as a “sham” civil fraud trial against him and two of his sons, with the case threatening the Republican’s business empire as he campaigns to retake the White House. (Brendan McDermid-Pool/AFP/Getty Images)

Prosecutors claimed that Trump and his associates knowingly submitted false financial statements—basing their theory on Cohen’s sworn testimony. The prosecution played a clip of Cohen stating that Trump would regularly task him and other lawyers with inflating his net worth, even if only to raise his placement on the Forbes wealth list. The video showed Cohen testifying that he witnessed this behavior on a regular basis from 2011 to 2015.

Meanwhile, Trump attorney Alina Habba also highlighted that James began investigating Trump soon after she took her post as attorney general in 2019, after promising voters during her campaign that she would “get Trump” if elected.

NEW POLL REVEALS HUGE GAP IN CONCERN OVER BIDEN’S AGE VS. TRUMP’S IN HYPOTHETICAL 2024 MATCHUP

As for the Trump Organization’s valuations, Habba argued they were not fraudulent and stressed that the state of Trump’s financial condition was, in fact, “undervalued.”

Habba continued by saying that prosecutors were essentially arguing that if an individual listed their home at one price, but it sold for a lower one, they committed fraud.

Trump’s defense team argued that Mar-a-Lago, Trump’s Florida estate, would sell for “at least” $1 billion—much more than Engoron’s valuation of $18 million.

Trump himself spoke to reporters outside the courtroom shortly after Habba’s statement. He argued that he has been “defrauded” by Engoron’s low valuation.

Former President Donald Trump speaks with journalists before entering a courtroom in New York Monday, Oct. 2, 2023, to attend the start of a civil trial in a lawsuit that already has resulted in a judge ruling that he committed fraud in his business dealings.  (AP Photo/Craig Ruttle)

“We’re wasting time with this trial. It’s a disgrace,” Trump said. “The judge already made up his mind. He’s a Democrat. He’s an operative.”

The prosecution on Monday also called its first witness— Donald Bender, from the accounting firm, Mazars USA LLP. Bender, who spent several years preparing Trump’s tax returns, testified that he frequently interacted with Jeffrey McConney, the controller for the Trump Organization, to prepare statements of financial conditions, or balance sheets.

Bender said the information would be put into an engagement binder, and McConney or a member of his team would send an early draft of the statement and send backup schedules to cross-reference to make sure numbers were correct. Bender said he had to make sure the numbers on the statement they sent would match the numbers going into a spreadsheet. 

Bender testified he didn’t take any measures to ensure the information provided was true. He only raised an issue if something glaring stood out.

Attorney General Letitia James arrives for the start of the civil fraud trial of former President Donald Trump at New York State Supreme Court on October 02, 2023 in New York City. Former President Trump may be forced to sell off his properties after Justice Arthur Engoron canceled his business certificates and ruled that he committed fraud for years while building his real estate empire after being sued by Attorney General Letitia James, who is seeking $250 million in damages. The trial will determine how much he and his companies will be penalized for the fraud. (Michael M. Santiago/Getty Images)

The Trump Organization was responsible for meeting generally accepted accounting procedures (GAAP), he said. Bender answered “yes” when asked if there were GAAP exceptions in multiple instances between 2011-2020. He said the Trump organization made the decision for a GAAP exception each time, and that he did not perform any additional accounting procedures to see if a GAAP exception was necessary.

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Bender testified that Mazars would not have issued the statement of financial condition for the Trump Organization if the firm was aware that any of the information was untrue.

But after nearly two hours of Bender testifying on 2011 financial documents, Judge Engoron criticized the prosecution, noting the documents in question fell outside the statute of limitations.

The Appellate Division in Manhattan decided this summer that James could no longer sue for alleged transactions that occurred before July 13, 2014, or Feb. 6, 2016, depending on the defendant.

Eric Trump arrives at New York Supreme Court, Monday, Oct. 2, 2023, in New York. Former President Donald Trump is making a rare, voluntary trip to court in New York for the start of a civil trial in a lawsuit that already has resulted in a judge ruling that he committed fraud in his business dealings.  (AP Photo/Seth Wenig)

“Unless you can relate the 2011 docs to something that happened later, this has all been a waste of time,” Engoron said. 

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James’ office promised the judge to explain why it is relevant during Tuesday’s session.

James, a Democrat, brought the lawsuit against Trump last year alleging he and his company misled banks and others about the value of his assets. James claimed Donald Jr., Ivanka, and Eric, as well as his associates and businesses, committed “numerous acts of fraud and misrepresentation” on their financial statements.

That appellate ruling over the summer also dismissed Ivanka Trump as a defendant. 

Fox News’ Maria Paronich contributed to this report. 

EXCLUSIVE – The attorney for one of the 19 defendants indicted alongside former President Trump says his client, Scott Hall, can now “get on with living his life.” Hall and his attorney, Jeff Weiner, have reached a plea deal with the Fulton County District Attorney’s Office in Georgia.

A grand jury indicted Hall in August on charges stemming from alleged election interference in the state’s 2020 presidential election. Weiner, who spoke exclusively with Fox News after reaching the plea agreement Friday, said the issue for Hall was not the facts of the case, but his intent.

“I am convinced that he had no criminal intent,” Weiner said. “I am absolutely certain that he is a good man.”

Former President Trump speaks during a rally, Wednesday, Sept. 20, 2023, in Dubuque, Iowa. (AP Photo/Charlie Neibergall)

Hall, a bail bondsman, traveled to Georgia’s rural Coffee County to investigate allegations of election fraud following President Biden’s narrow victory in Georgia’s 2020 presidential election.

GEORGIA INDICTMENT: FIRST TRUMP CO-DEFENDANT PLEADS GUILTY IN FULTON COUNTY COURT

According to Weiner, Hall “believed a lot of the things that Donald Trump and others in his camp were saying and so he got involved to find out for himself what was going on.”

“My client was a very curious patriotic American,” Weiner said. “He regrets that he got involved with all that.”

Under the plea deal, Hall will serve five years of probation, pay $5,000 in fines and perform 200 hours of community service.

Scott Hall’s mugshot. He is alleged to have helped former President Trump allies access voting equipment. (Fulton County Sheriff’s Office)

After that, “the nightmare will be over and he can get on with living his life,” Weiner said.

In reaching the agreement, Weiner said he and his client considered the uncertainty of how long a trial would last.

“To live with an indictment like that, it affects your life. It affects your health. Now, it’s over,” Weiner said.

Hall pleaded guilty to five counts of conspiracy to commit intentional interference with the performance of election duties. Those are misdemeanor charges, down from the seven felony charges he faced in the indictment. 

In this image made from video from Judge Scott McAfee’s virtual Zoom hearing, Scott Graham Hall, left, stands with his attorney Jeff Weiner, right, in Superior Court of Fulton County before Judge McAfee, not pictured, in Courtroom 5A on Friday, Sept. 29, 2023, in Atlanta. (USA Today via AP, Pool)

Weiner revealed that the plea deal took weeks to negotiate and added that the DA’s office was “professional, polite, and courteous.” 

Part of that deal was that Hall will have to testify if the state chooses to call him as a witness in future court proceedings related to the case. However, Weiner said he believes it is very unlikely to happen.

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“I’m not sure he will be called,” Weiner said. “He really doesn’t have any knowledge beyond what is already known and in the indictment.”

Former President Trump’s mugshot. (Fulton County Sheriff’s Office)

Hall is the first defendant to take a plea deal and Weiner, who has 50 years of experience as a criminal defense attorney, said he thinks it is possible other defendants will now want plea deals as well.

Weiner said he believes several of the other defendants are in a similar situation as his client, where they do not dispute the facts of the case, but insist they had no intent for wrongdoing.

“I’ve won cases that I’m surprised I won,” Weiner said. “I’ve lost cases that I thought I should’ve won. Any experienced, competent criminal lawyer knows there’s no guarantees in front of a jury. While I’m confident I could’ve won in front of a jury… the risk of felony charges, it wasn’t worth it for my client.”

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Weiner said he believes other defendants may reach the same conclusion.

After the first impeachment inquiry hearing launched by House Republicans against President Biden, some legal experts are split on whether the accusations leveled against the president warrant an impeachment. But they all said the evidence needs to be investigated.

Following the marathon hearing on Thursday that lasted several hours, House Oversight Committee Chairman James Comer, R-Ky., said that GOP lawmakers successfully outlined how the Biden family brought in “over $15 million in their foreign influence peddling, over $24 million if you account for their associate’s earnings from the schemes” by leveraging access to then-Vice President Joe Biden.  

“We have established in the first phase of this investigation where this money has come from: Ukraine, Romania, Russia, Kazakhstan, China, it didn’t come from selling anything legitimate. It largely went unreported to the IRS. It was funneled through shell companies and third parties to hide the Biden’s fingerprints,” Comer said.

House Republicans are still making their case in the impeachment inquiry process, but legal experts who spoke to Fox News Digital are split on whether the evidence presented so far meets the threshold of an impeachable offense. 

Witnesses of the impeachment inquiry hearing of President Biden are sworn in to testify before the House of Representatives on Capitol Hill in Washington, D.C., on Thursday. (Drew Angerer/Getty Images)

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“There’s smoke, but there’s no fire. There’s not enough to impeach, but there’s enough to investigate,” former Harvard professor and lawyer Alan Dershowitz told Fox New Digital in an interview. 

Dershowitz argued that because the allegations from Republicans revolve around activity from when Biden was vice president and not in his current position in the Oval Office, that precludes him from being impeached. 

“I think there’s a lot of hypocrisy going on. Many of the same people who denied that Donald Trump was subject to impeachment now seem to be suggesting maybe that Biden is. And we have to have one rule for everybody. We can’t have separate rules for Democrats or Republicans,” said Dershowitz.

House Oversight and Accountability Committee Chair James Comer, R-Ky., left, and House Ways and Means Committee Chairman Jason Smith, R-Mo. (AP Photo/J. Scott Applewhite)

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But John Shu, a lawyer who served in both George H.W. Bush and George W. Bush administrations, argued that Republicans have “plenty of evidence” to start an impeachment inquiry. 

“An impeachment inquiry is akin to a preliminary investigation or grand jury investigation.  The purpose is to gather facts for later analysis and presentation, not to actually impeach anyone, and thus the legal standard to start it is lower,” said Shu. 

“It is before the actual impeachment process, which is akin to a filing an indictment,” he explained. “The Senate holds the impeachment trial, with House members acting as prosecutors and Chief Justice Roberts serving as the presiding judge.” 

Shu said that starting an impeachment inquiry “opens the options for the House to subpoena certain people and documents and the investigations are no longer tied or limited to a specific committee and its specific oversight functions.”

Which is exactly what Comer did; immediately following Thursday’s hearing, he subpoenaed the bank records of Hunter Biden, James Biden and their affiliated companies.

President Biden and son Hunter Biden. (AP Photo/Andrew Harnik)

Shu added that what the Oversight Committee’s investigation has yielded thus far, including IRS whistleblower claims that suggest certain Justice Department individuals inappropriately intervened on behalf of President Biden during their federal probe of Hunter Biden, also warrants a congressional inquiry into the president — who, Shu says, “has been forced to backtrack from his previous claims that he’s had nothing to do with Hunter’s business activities.”

DEMOCRATS SEEK TO SWITCH BIDEN IMPEACHMENT INQUIRY HEARING FOCUS TO TRUMP

For example, according to the whistleblowers, Assistant U.S. Attorney Lesley Wolf, who works for U.S. Attorney David Weiss in charge of the Hunter Biden probe, personally intervened to prevent investigators from following where the evidence was leading them, and Weiss’s office appears to have slow-walked the various Hunter Biden investigations to let the statutes of limitations run out,” Shu suggests. 

Jim Trusty, a former federal prosecutor and former lawyer for President Donald Trump, concurred, saying congressional oversight and impeachment are “the only real options” for Republicans to deal with the alarming findings by the committee. 

“Biden-appointed U.S. attorneys are simply not politically suicidal — they will not open a case,” Trusty told Fox News Digital. “There is no reason for Congress to think any prosecutor has an appetite for breaking ranks and pursuing this case, so oversight and impeachment (and thus, public scrutiny) are the only real options,’ he said.

In terms of the timing issue Dershowitz raised, Trusty doesn’t believe it’s an issue. 

“I don’t think it’s a particularly powerful problem here — if there are bribes and payments that essentially compromised or indebted the Bidens to these foreign actors, then the timing of those payments is pretty immaterial,” Trusty said. 

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“If President Biden made certain decisions on trade, on military action or weapons, on ignoring aggressive behavior by our adversaries because of the financial transactions or his fear of those transactions going public, the consequences are simply not over,” he said. 

“You could also point to [the president’s] evolving story about Hunter’s dealings and his knowledge of the Biden brand being sold, particularly with the lighter definition of impeachable offenses that was established at President Trump’s expense,” Trusty added. 

A Republican congressman and member of the conservative House Freedom Caucus admitted last week he “was praying” the GOP would win just a “small” majority in the House of Representatives ahead of the 2022 midterm elections in order to shift the party further to the right, according to video obtained Monday by Fox News Digital.

“When a lot of people, unfortunately, were voting, to have a 270, 280 Republican House, I was praying each evening for a small majority, because I recognize that that small majority was the only way that we were going to advance a conservative agenda,” Rep. Matt Rosendale, R-Mont., said during a closed briefing, which The Messenger first reported was “a virtual briefing for around 50 top conservative donors.”

“If it was the right majority, that if we had six or seven very strong individuals, we would drag the conference over to the right,” he added.

GAETZ, MCCARTHY CLASH ON X FOLLOWING MOTION TO END SPEAKERSHIP: ‘BRING IT ON’

Republican Montana Congressman and likely Senate candidate Matt Rosendale. (Bill Clark/Getty Images)

Rosendale went on to praise Rep. Matt Gaetz, R-Fla., a frequent critic of House Speaker Kevin McCarthy, for being there “from the very beginning helping accomplish that.” Gaetz, who was seated next to Rosendale in the video, along with former Trump administration official Steve Bannon, introduced a motion to vacate against McCarthy to remove him from the speakership on Monday.

“It always goes back to leadership though, which is what the first battle was about in January, and we have to change that leadership,” he added, appearing to express support for Gaetz’s bid to remove McCarthy.

Fox has reached out to Rosendale’s office for comment.

NEW POLL REVEALS HUGE GAP IN CONCERN OVER BIDEN’S AGE VS. TRUMP’S IN HYPOTHETICAL 2024 MATCHUP

Sen. Jon Tester, D-Mont., listens to testimony during a Senate Veterans’ Affairs Committee confirmation hearing in Russell Building, February 16, 2023. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

The congressman’s admission came as different factions of the Republican Party clashed over a deal that would avoid a shutdown of the U.S. government, the main factor in Gaetz’s effort to remove McCarthy. A deal was ultimately reached, but at the dismay of a number of the more right-leaning Republicans in the House, including Rosendale.

Rosendale is considering a run against Montana Democrat Sen. Jon Tester, who is up for re-election next year. He ran unsuccessfully against Tester in 2018, coming just under 18,000 votes short.

Republican Montana Senate candidate and former Navy SEAL Tim Sheehy. (Tim Sheehy For Montana)

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Should he enter the race for the Republican nomination, he would join former Navy SEAL Tim Sheehy and businessman Jeremy Mygland.

A new Monmouth University poll released Thursday revealed a huge gap in the level of concern from voters over President Biden’s advanced age versus former President Donald Trump’s.

According to the poll, 76% of voters agreed Biden, 80, was “too old” to serve another term, compared to just 48% who said the same about Trump, 77, despite the difference in their ages being just three and a half years. 

Of the 76% who said Biden was “too old,” 55% strongly agreed versus just 26% of the 48% who said the same about Trump.

SUPPORT FOR BIDEN IN BORDER REGION CRUMBLING AS CRISIS BENEFITS ILLEGALS OVER AMERICANS: TEXAS’ MAYRA FLORES

President Biden and former President Donald Trump. (Fox News)

Trump also edged Biden when it came to voter enthusiasm about their candidacies with 56% of voters saying they were either enthusiastic or very enthusiastic about him becoming the Republican nominee for president. Just 46% of voters said the same about the prospect of Biden becoming the Democrat nominee.

When broken down to just independent voters, 35% were enthusiastic about a Trump candidacy versus just 19% for a Biden candidacy.

In a hypothetical 2024 matchup, 43% of voters said they would definitely or probably vote for Trump while 42% said they would definitely or probably vote for Biden. 57% said they definitely or probably wouldn’t vote for Biden, and 56% said they definitely or probably wouldn’t vote for Trump.

FORMER DEMOCRAT OFFERS ADVICE FOR TEXAS MAYOR UNDER FIRE FOR DITCHING DEM PARTY TO JOIN GOP

Former President Donald Trump arrives to speak at the Turning Point Action conference in West Palm Beach, Florida, US, on Saturday, July 15, 2023. (Eva Marie Uzcategui/Bloomberg via Getty Images)

Biden’s 42% support was down from the 47% a Monmouth poll found in July, and Trump’s 43% was an increase from 40% in the same poll that month.

According to the poll, Biden’s support from Black, Latino and Asian voters dropped significantly from the July poll, down to 47% from 63%. Trump, however, jumped to 33% from 23% in July.

Biden narrowly came out on top in favorability with 41% of voters viewing him as very or somewhat favorable compared to just 38% for Trump. 59% said they viewed Biden as very or somewhat unfavorable, compared to 62% for Trump.

LAWMAKER DEMANDS ANSWERS AFTER BIDEN OFFICIAL IMPLICATED IN IRANIAN INFLUENCE SCHEME: ‘UNBELIEVABLE’

President Joe Biden leaves Holy Trinity Catholic Church before attending the Phoenix Awards Dinner in Washington, D.C., on Saturday, Oct. 1, 2022. (Samuel Corum/Bloomberg via Getty Images)

When it came to Trump’s ongoing legal issues surrounding his response to the 2020 presidential election, 46% of voters said he committed a crime. Just 22% said Trump did something wrong, but did not commit a crime while 29% said he did nothing wrong.

On the House impeachment inquiry into President Biden, 34% said Biden should be impeached, 16% said Biden may have violated his oath of office but shouldn’t be impeached, and 43% said Biden did not violate his oath of office.

Just 15% said they had “a lot” of trust in the House to conduct a fair investigation into Biden, 33% said “a little,” and 50% said not at all.

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Concerning Hunter Biden’s legal troubles, 27% said they made it less likely they would support Biden for president, but 72% said they would have no impact on their voting decision.

Rep. Matt Gaetz, R-Fla., has followed through on his renewed threat to introduce a motion to vacate against House Speaker Kevin McCarthy.

Gaetz, a frequent McCarthy critic, introduced the motion Monday evening on the House floor.

“Mr. Speaker, pursuant to clause two A1 of Rule nine, I rise to give notice of my intent to raise a question of the privileges of House,” Gaetz said. “Declaring the office Speaker of the House of Representatives to be vacant. Resolved that the office of Speaker of the House Representatives is hereby declared to be vacant.”

NEW POLL REVEALS HUGE GAP IN CONCERN OVER BIDEN’S AGE VS. TRUMP’S IN HYPOTHETICAL 2024 MATCHUP

Matt Gaetz and Kevin McCarthy (ANDREW CABALLERO-REYNOLDS / AFP, Al Drago/Bloomberg)

Gaetz’s move will force the House to take a vote on whether to keep McCarthy as speaker within two legislative days. 

There are a number of members undecided on how they would vote on such a measure, but it’s likely McCarthy will need at least some Democrat votes to keep his job. Democrats could be in a position to try and extract concessions from McCarthy for their votes. 

Rep. Thomas Massie, R-Ky., told Fox News following Gaetz’s move that he believes a motion to vacate at this time is “a bad idea.” Additionally, Rep. Andy Ogles, R-Tenn., told Fox he was undecided.

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McCarthy reacted to the motion with a post on X. “Bring it on,” he simply said.

This is a developing story. Check back here for updates.

Fox News’ Brianna O’Neil contributed to this report.

A group of young conservatives at the University of Southern California are ready for a new GOP future but agree that former President Donald Trump is the strongest candidate going into 2024.

Seven Republican candidates battled at the recent second presidential debate to prove if they can be an alternative to front-runner Trump, who is polling ahead with 60% of Republican primary support, according to Fox News polling.

“Vivek Ramaswamy,” said four students when asked who won the debate, with only one student saying they felt Gov. Ron DeSantis, R-Fla., was last Wednesday night’s winner.

The presidential candidates railed against Trump for skipping the second debate, with DeSantis saying he was “missing in action” and former New Jersey Gov. Chris Christie calling him “Donald Duck” – and members of the USC College Republicans chapter agreed that Trump “needed to be there.”

SECOND REPUBLICAN DEBATE: HERE’S THE BIGGEST WINNER AND THE BIGGEST LOSER

Members of the College Republicans chapter at the University of Southern California said that Ramaswamy won the second GOP debate. (Fox News)

“I think for the people on the fence, he needed to be there. I would have wished he was there,” said senior Angelica Baker, an international relations major.

“I think that’s something voters needed to see, so I hope he chooses to participate in the next one,” another student told Fox.

“He’s leading by insurmountable odds,” USC senior Daniel Parker, who is also an international relations major, said of Trump. “And there’s no benefit to him to actually step on the stage.”

5 FIERY MOMENTS FROM THE SECOND GOP DEBATE

Chris Christie and former Vice President Mike Pence were named as having the worst performance in the GOP debate by nearly all the students, who said they are “running for a position that nobody wants them to run for.”

Nikki Haley, former ambassador to the United Nations, left, Ron DeSantis, governor of Florida, and businessman Vivek Ramaswamy are shown during the Republican primary presidential debate hosted by Fox Business Network in Simi Valley, California, on Sept. 27, 2023. (Eric Thayer)

“For the worst night probably, Christie,” Parker said. “He’s trying to play to the Never Trumpers, and the Never Trumpers are just not big enough to get him any type of traction.”

“Nobody really looked like a leader up there. A lot of people look like they were squabbling,” Parker added.

The students said that while former President Trump appears to be leading the race, he “needed to be” at the debate. (Sean Rayford)

The overall mood of the second debate was that the Republican candidates performed better than the first showdown but are still lagging behind Trump.

One student said it “just reminded me of me and my siblings” and that this scenario of arguing back and forth is “not something that you want in the Oval Office.”

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“I feel like there is improvement in almost every candidate in terms of just how they presented themselves. I think DeSantis had a noticeably better stance – I guess you could say just better projecting his views and his opinions,” another student said.

“You’ve just got to prove that you can be more viable than Trump, and I just don’t see that yet,” said Lorenzo Aguirre, a business and real estate finance major.