What a circus: Gaetz moves to remove Mccarthy, Trump trial day 2

From the Fox News Radio Studios in Midtown Manhattan, it's the fastest growing radio talk show. Brian Killmead. Hi, everyone. Welcome to the latest moments of the Brian Killmee Show.

So glad you're here. Congressman Tony Gonzalez is standing by, doing great work at the border, fresh off.

Some live streaming with this guy named Elon Musk. Bottom of the hour, we'll talk to the Lieutenant Colonel Alan West out of Texas and find out what's going on from his perspective and also get the latest on the war of Ukraine. And by the way, just a quick mention of the war of Ukraine. You know who could not be happier with the fracturous debate and the delay of the aid? Vladimir Putin.

They're beginning to start to do the best they can to manipulate our political process and that trying to weaken the resolve of other Eastern European countries because they can't win the war fighting. Uh because They have no weapons. They have no troops. They lost 50% of their fighting force. But of course, Americans are losing their resolve again.

So let's get to the big three.

Now, with the stories you need to know, it's Brian's big three. Number three. I think the American people are fed up. They're fed up of the political games, the political stunts that House Republicans are doing. They're the ones who are saying that they want to defund DHS.

That's what they're saying. Unbelievable. Illinois joins New York, Texas, and Arizona in saying the broken border is breaking their cities. While the administration says it's all about a Republican stunt, really? Number two.

The gentleman will state the form of his resolution. Declaring the office of Speaker of the House of Representatives to be vacant, resolved that the office of Speaker of the House of Representatives Is hereby declared to be vacant. A fool's folly. That's how I label Matt Gaetz's push to kick out Speaker McCarthy. They have 45 days to show they can leave the House, 45 days before this whole CR is done.

So let's see the Republicans do it and then get into a conference. This Matt Gaetz lark is not going to work. Number The Attorney General of the State is a disgrace. Letitia James is a disgrace. This is great.

to our country and to the state of New York. No kidding, what a circus. Trump on trial. The Trump organization under scrutiny, as his accusers, the AG, the judge, look like partisan players. They are, but could the former president end day one with an eventual win?

We're going to look at some of the takeaways from what we've learned. And the president's going to be there. The former president's going to be there again today. Let's go out to Congressman Tony Barrows. Gonzalez.

who is uh standing by. Congressman, welcome back. Hey, Brian, thank you for having me. Gargo, I give you so much credit. You've been relentless at the border trying to get people's attention.

How much easier did your life get after Elon Musk? Decide to live stream your meeting and in his visit. You know what? You know, Fox has done a great job of covering it for years now. This is year three of the border crisis, but Elon added just a different layer to the situation.

Being able to show it unfiltered, untapped, exactly what is happening, speaking to real people. That video, Brian, has gotten almost 110 million views. And I think that's exactly the kind of promotion we need to have. But now we need to follow up with solutions, real, sensible solutions.

So I do think there's an opportunity here. All right. Before we get the origins of how this all came together, I want people at home to listen to it. Here's Elon live, CUD33. We should also not be allowing people in the country if they're breaking the law.

That doesn't make sense. The law is there for a reason. Even America's largest city, New York, is buckling under the pressure of just how many illegal immigrants are going to New York. If New York can't handle it, well, pretty much no part of the country can. Uh s if if we don't do something soon Um we're just gonna have uh like I said a collapse in in social services as we're already seeing uh in uh New York.

How did he reach out to you? And he came to the same conclusions we've been covering for years now. But how did he reach out to you? When did he realize he wanted to get involved? You know, first, Brian, you know, this is the winning message for Republicans.

Republicans are the party of legal immigration. We believe in America. We want that to happen through the legal process. And we are completely against illegal immigration for all those reasons that Elon kind of mentioned. If you notice, like Elon has been, he has been talking about the border.

He has been paying attention to what's happened. And he's a concerned citizen, no different than anyone else. I reached out to him and said, hey, I'd love to have you at the border so that way you can see it for yourself. You know, once again, unfiltered, exactly the way it is. You know, I'll get you in front of real people that'll tell you real stories, you know, no real political spin here.

Other just kind of, you know, bring your phone and live it on X and go from there. And it was great, you know, for me to be driving around in my pickup truck and Elon's in shotgun, riding shotgun, and we're over here talking about the border. And then he goes and sees it, talks to the people. It was a shot in the arm for the district that really feels abandoned by the Biden administration. And am I right?

He mentioned the wall's work? Yeah, he did. He goes, hey, look, these are sensible things. Look, all these different things work. Technology, and I'm walking it through.

I'm going, look, walls work, technology works. We need more border patrol agents. But right now, they're just not enforcing the law. And, you know, the fact that in the Del Rio sector, which is only one of the nine sectors on the border, has deported zero people. I mean, he kind of jumped out of his seat going, no one's getting sent back.

That's part of the problem where the administration could talk all day long about having a strong border or whatever there is, but until they start these repatriation flights, until that happens, we're going to be in the same crisis.

So, what I laugh at too is some of the rhetoric. They're saying the White House says Republicans are using this border situation as a political stunt. Really? They think you're kidding? Dude, you know how much you would love to do other stuff than go to the border?

There's nobody's thinking politics right now. You know, that's the part that's frustrating, too. Is they have the Biden administration has not gotten out of campaign mode. In campaign mode, you blame the other side for everything that's wrong. You run that play, it's a winning play.

Governing is completely different. Governing is about putting all that stuff aside and going, What's in the betterment for America? And part of that is having a secure border, making sure these bad actors don't come over, making sure that these communities don't get overwhelmed like New York and everywhere. This is just the start, and that's why I've been pushing for sensible solutions, which include we have to raise the credible fear standard that's outdated. We have to surge immigration judges to the borders so that way people can get their cases heard in days, not weeks.

They're called rocket dockets, meaning the last person that comes over, congratulations, you're the first one that's going to get a court date. And then the third piece: we have to deport them when they don't qualify. You do that for a month or two, Brian, and this goes away.

So, it would definitely help. Governor Prisker came. Out yesterday of Illinois says that the numbers being transported to Chicago are accelerating, the humanitarian crisis is overwhelming, and our ability to provide aid to the refugee population. Unfortunately, the welcome and aid Illinois has been providing to these asylum seekers has not been matched with support from the federal government. Do you know how many people he has?

Congressman Gonzalez, he's got 15,000. And he wants to be bailed out by the federal government, his party, that is allowing this to happen. He can't handle 15,000. They're getting 10,000 a day by you. Exactly.

It's so wild. The little old little old Eagle Pass 25,000, a community of 25,000 people is getting upward of 50,000 people a month. I mean, it's absolutely heartbreaking what's happening, too. And we really do feel about it. But Republicans can't just be about rhetoric, Brian.

We have to be about, we have to be the party that can govern. We have to be the party that can bring the Senate and the White House to the table and go, this is in the betterment for America. And until we do that, this chaos that's happening up here, all it is is a distraction from us pulling away from real things, keeping the debt in check, inflation that's happening, real things that Americans wake up worried about.

So before we get to Matt Gates' situation, a little bit more from Elon Musk and you speaking to each other, Go 34. I mean what we're seeing here are in some cases some pretty extreme uh Individuals coming through. Sure. Obviously, not suggesting everyone is like this, but you're talking about a guy who came through who had face tattoos, including tears tattooed on his face. When somebody tattoos a tear, it means that they have murdered someone.

And they are so proud of having murdered someone that they tattoo one tear on their face for every person that they kill. Is that correct? That's exactly right. I mean, these are. And this person just claimed asylum.

Claimed asylum. And we just let them in. We let them in. Most likely, if they were murdering people somewhere else and proud of it, they will continue in that tradition. That's exactly right.

And that's what people are scared. People in American citizens are scared. They just don't feel safe. They don't know who these people are. They don't want to assume, but they also don't want to not assume.

So, I mean, that's just a little of your live interaction with them. These questions show his sincerity. And almost, I've only been down there, I've probably been down there five times, right? And as I left, I felt guilty because I. I'm leaving the problem behind, and you have to live it every day.

I think he had this similar feeling. I cannot believe this is happening, even though he now has a, I think his SpaceX is in Texas, right?

So he's got a major office building there.

So he's kind of stunned by it. And people are mad at Elon Musk as if he's acting like a Republican. He's acting like an American. That's exactly it, Brian. And that was the goal.

The whole goal was, and that's what I kind of frame it: is like, look, I'm not here to give you talking points. I'm here to go, I want you to see it for yourself. And I want you to tell me if this looks normal and orderly and this looks okay. And then imagine if this was where you live, because right now it's in Eagle Pass, but it's spreading to other places. And I shared that story, not because, and Brian, I've been very vocal at being, you know, for legal immigration.

I fought very hard for that, but there are bad actors that are coming over. And just that Monday, I visited the processing center. I mean, if there's a guy with neck tattoos and teardrops, you know, the guy that I referenced to, he had multiple teardrops on his face, his hands. And I asked the border patrol chief, I'm like, hey, does this guy have a record? He goes, Tony, we don't know because he's coming from Venezuela and we don't have access to their records.

So, this is the part where it's just dangerous for everyone all the way around, and it has to stop. All right. So, Matt Gates yesterday made it officially wants to recall and replace the Speaker of the House. Where do you stand? You know, I'm undecided, and I'm undecided for a bunch of different reasons, but this This isn't going to end.

And all this is a distraction from the real work, is the reason why I'm frustrated. You know, I want to govern. I came here to govern. I came here to be the backstop to the failed Biden administration policies. And all we're having is an argument over titles.

And this is going to go on for 42 days.

Meanwhile, if not longer, meanwhile, you mentioned it in your intro. We've got a government shutdown that'll be on the horizon. Not to mention, I'm looking for the biggest reason, Brian, that I'm undecided is I am looking for real border security solutions, real things that can pass into law. And right now, I'm not seeing that in the House. And that's what has me frustrated.

So, a couple of things. You got to get your appropriations bills done. I don't even know why a speaker has to show the leadership there. If I'm a chairman, I'm getting them done.

So, what's the problem with that? Even if I have to do it on Zoom to get everything going, you know, if you don't want to come back in August, whatever reason, I don't want to get into it. Make it even simpler. You hack it out, you put it on Zoom, that's all we've done it. And this way, in September, you're done.

So you get those 11 done, and then you go to conference with the Senate. And whatever happens, happens. You have a five-seat majority. I don't understand what's wrong here. That is exactly it.

That is exactly what I've been. And I sit on the appropriations committee and I'm going, we've already passed 10 out of committee. We need to pass two more, which will do that work. And then you bring these things to the floor. And guess what?

All of these bills are the most conservative appropriations bills that we've ever had.

So, and that's what we need to do. And don't let anything stop you because that's why the American public put us in the majority in the House. And if we fail to do that, that's the problem that I have. And it's as simple as that. I'm Catholic.

Why did you walk everybody, Congressman? Why did you fail? It's failed because we get all these distractions. You want to try to appease everybody. You can't appease everybody.

You got to be able to go, look, this is the bill we got. It's the best thing we got. Let's pass it and let's move on to the next one. We got 12 of these to get through, and then we will go arm wrestle with the true enemy, which is the Senate. And then you kind of go from there.

That's not where we're at right now. We're at this, everyone's kind of round and round. It's just not becoming a serious place, and it has a lot of members that are very frustrated because we came here to do the people's work. Right now, when I see Chip Roy and Scott Perry working with the speaker on some type of continuing resolution, I'm like, okay, those are two big critics just saying, listen, let's get this going, and then within 45 days or whatever it is, we'll do what you said you're going to do.

So now you have 45 days to do it. How much of a distraction is Matt Gates asking to have the speaker replaced? And is it his fault? Oh, it's a major distraction. And I wouldn't say, you know, Matt Gates isn't exactly the model citizen, but there's a lot of frustrations up here by a lot of different people.

And I think Matt just kind of took advantage of that and led the charge on it. But it has consumed all the oxygen out of the room in this place, and it'll continue to do that.

Meanwhile, we have real problems. I'm going to be, I'm going back to the border. I'm meeting with ambassadors. I'm meeting with senators. I'm going, let's not get distracted here because in 42 days, you know, I want to see an omnibus or appropriations that had some real border security solutions in it.

Because we can't just be the party that blames Democrats for everything that's wrong. Americans are dying because of fentanyl, all the chaos, all the crime that's happening, not to mention these little towns everywhere turned upside down.

So there's a battle right now that's going on, but I hope governing Republicans. Republicans are the ones that come out successful.

So, last thing, I don't know if you know this or not, but the mayor is going actually to the Darien Pass. He's going to Columbia. He's going to Mayor of New York, going to Mexico, going to Columbia. I'm not sure if there's a fourth stop there. But he's going to meet with these countries.

That is a huge part of it, to find out why they're coming, what we're doing as a magnet, what they're not doing on their border, and find out what their issues are. That is important, as important as the wall, is why they're coming, right? It is. And you know what? And I don't think very highly of the mayor per se, but you know what?

It's not his damn job to go to Panama. But the fact that he's willing to do that shows you the desperation. Just yesterday, Brian, I met with the ambassador of Panama in my office, and we're talking solutions. Once again, not really my job to be doing the State Department's work, but somebody has to do it.

So I'm encouraged that more and more people are trying to find real solutions. I think if we go down that route, we can get to some sense of normalcy. Congressman Tony Gonzalez, thanks for what you're doing. Appreciate it. Hopefully, you guys can work it out.

Thanks. Thank you, Ryan. You got it. We come back. Got some calls then.

Alan West, busy morning.

So glad you're here. It's Brian Kilmead from the Fox News Podcasts Network. I'm Ben Dominich, Fox News contributor and editor of the Transom.com daily newsletter, and I'm inviting you to join a conversation every week. It's the Ben Dominich Podcast. Subscribe and listen now by going to FoxNewsPodcasts.com.

Breaking news, unique opinions. Hear it all on the Brian Kill Me Show. everyone saying that there is an option to check a box and you get a jury. That is wrong, everyone. There is no option to check a box.

They brought this under a consumer fraud statute. It has never been used in this way for a reason because this judge who oversaw the special proceeding has given them everything they wanted effectively for years and they wanted to keep it in this division as opposed to the commercial division where we would have had a normal judge.

So no everyone, I didn't forget to check a box. I'm still so confused by everything in this trial with the civil trial of President Trump as they try to blow up the Trump organization. I'm confused by before you actually hear both sides over the course of three months, you made a decision. He committed fraud and he could be served, maybe lose his business license and maybe force to pay $250 million. And you got to now start the trial.

And then we hear there's only a judge, and we know he's a left-wing judge who ran unopposed. Who, according to two or three reports that I know of, he's best friends with Chuck Schumer. Do you think for a second he's going to side on Trump's side? Do you know what they told me today? Paul Morrow said today that Trump had to sue in order to have the judge consider the fact that a lot of these charges happened prior to 2014, means beyond the statute of limitations.

At which time the judge goes, Yeah, a lot of this is outside the purview of the charges.

So that means, fill in the blank, 80% of the charges are out? He didn't say that. But he confirmed that the reason why they sued was correct and was valid. Bizarre. If I'm Trump, he came out and he felt victorious yesterday.

I'll talk more about this on the other side with Lieutenant Colonel Alan West. The fastest three hours in radio. You're with Brian Kilmead. What is fueling my soul right now is Trump. Will you sue him for us?

Oh, we're gonna definitely sue him. We're gonna be a real pain in the ass. to going into the office of attorney general. Every day. Suing him.

and then going home. He said I know my name personally. There you go. That's Letitia James trying to get elected, getting elected, once had the job. Her sole focus, not zero cash bail and reversing it, not getting rid of the crime plague that has destroyed the subway system, not getting rid of the carjacking, which is through the roof, not backing the cops, whose numbers are down.

We can't even fill up an academy. Nope, we are going to go out of our way to get President Trump. Who many Democrats were asking for money when he was hosting The Apprentice, begging Chuck Schumer, Al Sharpton for his great cause? Remember. Jesse Jackson gave him an award, a Rainbow Coalition Award, for all his contributions to the black community.

I mean, that was the Trump that everybody knew until he ran for President. Then they're trying to destroy him, and that's what's happening right now, but it's all boomeranging. Let's see how it's viewed from Texas. Lieutenant Colonel Alan West joins us. He's the Executive Director of the American Constitutional Rights Union.

Welcome back, Colonel. Good to be with you, Brian. How are you today? Good.

So you heard Letitia James. Not even hiding it. I'm making him my target, and that's what she's got right now. No, you're absolutely right. And when you think about it, the members of the Democratic Party before President Trump was even inaugurated, they were talking about how they were going to impeach him.

So they were going to look for anything that they possibly could because you talked about the pre-President Trump and how he was lauded and applauded by many on the other side of the aisle. But then, all of a sudden, when he seemingly turned against them and started to stand up for conservative principles and values in America, then he became public enemy number one.

So, again, this is all about tying him up in legal proceedings and things of this nature, but it is back iron against him because his popularity is growing, and more people are identified with him. In that, this does appear to be nothing more than a witch hunt.

So, how is it viewed? I know it's your view. But when you talk to people in Texas, do they see through this? It's not just the people in Texas. I'm at DFW Airport right now, heading up to North Dakota, then I'll be over in Wisconsin.

There are people all over the country that I talked to to see this. There are people that have never been big supporters or big fans of President Trump, but they see this as being completely and totally wrong when you look at what's going on in Georgia. or some of these other states. You look at what has been brought up against him by Jack Smith and even Alan Dershowitz. I mean, here's a man who is not a Trump fan, but he has brought up some of the legal reasons why this should not be happening.

As a matter of fact, he said that during the Bush Gore campaign and the aftermath thereof, he would be in jail based upon what Fannie Willis is bringing forward.

So the president's the president yesterday, so afterwards he had to sue. And it's hard keeping up with this case. I mean, I don't care. Everything about it seems backwards. But he had to sue in order for the judge to look at the evidence against him and say, hasn't it evaporated?

Isn't the statute of limitations up? And the judge said, hmm, yeah, I think so. I think it's up. But he didn't tell us what he's going to do about it. But Trump was in a better mood.

Yesterday at the end, cut five. But this was a big big I say surprise, but it was great credit to the court that the judge was willing to do this. He sort of overruled himself. And I greatly respect that. Thank you very much, everybody.

Thank you. Are you coming back tomorrow, Mr. President? I'd love that to love to be campaigning instead of doing this. And here's what Letitia James said.

She thinks Trump has it wrong. Cut seven. We fundamentally disagree with the comments that were made by Mr. Trump and his attorney following the proceedings today. Regarding the statute of limitations issue.

My message is clear. No matter how rich or powerful you are, the rule of law is. Yes or no? Statute of limitations is not up for interpretation. I mean, that's a hard number, isn't it?

It is a hard number, and it's very interesting that when it comes to Hunter Biden, people are talking about the statute of limitations. On his tax evasion, also the gun charges, which, oh, by the way, he's supposed to appear in court today on the federal gun charges that have been brought against him. But you're not hearing a lot of talk about that. But, Brian, you and I both know if we lied on a 4473 background check form, we wouldn't have a hope, and you know what. Of being able to survive that.

We'd be gone for five to ten years in federal jail. Why did Hunter Biden get a sweetheart deal? Why aren't people like Letitia James, Alvin Bragg, like you say, doing their job as far as protecting the people in New York City? Yeah. Yeah, it's absolutely insane.

So. The President of the United States is going back for day two today, and let's see what happens. It's going to go up for months. Think about what a waste of time that is. While I was in the break, I'm watching the SUV caravan come in and all the money for the extra security take place.

And I'm like, what are you doing? I mean, what are you doing? Over 120,000 illegal immigrants litter our streets in 210-plus facilities, which are just outlined to feed, clothe them. We have. We have maids coming in cleaning their sheets every night and giving them fresh sheets, and they're not happy with their mini menu we're giving them.

And at the same time, we're wasting all this money here. Can we just pivot, if we can, to what's happening in the House? This was the story yesterday: Matt Gates going after Speaker McCarthy, cut 11. Mr. Speaker, pursuant to Clause 2A1 of Rule 9, I rise to give notice of my intent to raise a question of the privileges of the House.

The gentleman will state the form of his resolution. Declaring the office of Speaker of the House of Representatives to be vacant, resolved that the office of Speaker of the House of Representatives. Is hereby declared to be vacant. And let the votes begin within 48 hours. Are you in the Gates camp?

Not really, but I will tell you that there's plenty of responsibility and accountability to go around. You know, one of the things about leadership, leadership does not. Allow for chaos and confusion. And if Kevin McCarthy had gone in there and broken down by quarter, every three months, January through March, these are our priorities. This is what we're going to get done legislatively.

April through June, this is what we're going to get done. July through September, this is what we're going to get done. The most important thing, in those final three months I just mentioned, they should have been passing those 12 appropriations bills. And so why would you say let's all go home for the month of August and really look it over for about forty days when you knew that you had not gotten your work done and you knew that you had said that that was one of the things that you would do, restore regular order. And that's the only constitutional mandated duty that the House of Representatives have to produce a budget, regular order means different appropriations bills.

So I understand Max Gates' frustration, but I don't understand and I don't agree with his solution. Right. The thing is, come up with an idea at once. You know, come up with somebody else.

Okay. He's like, well, Steve Scalise has got blood cancer, so I'm not going to insult him and look for somebody else. Excuse me. Since when do you care about anybody except yourself? Number one.

Number two, you could be the most conservative person in the world, or you should be in a think tank. If you're going to have that job, you've got to work. Don't tell me you're more conservative than Chip Roy or Scott Perry. You're not. And they just sat there and said, listen, we should have got this done earlier.

For whatever reason, you could tell me.

Now we've got 45 days to get it done. This is how we could do it. But in the meantime, including the CR is more board of funding money and 8% cut in spending. He's going, no, that's, we need our appropriations bills done. We're not, we're not going to do that.

Okay, now what do you got? You have no Ukraine funding and no board of funding. Fantastic.

So what do you think? What are you thinking? Does anyone play it out in a practical t in practical terms?

Well, the thing is, it's kind of like dropping a hand grenade on your toes and then asking everyone to come in and treat your toes when you drop it on yourself. And if you vacate the chair, that means that here for the next, what, forty, forty-five days, you're not going to have someone in the speaker's position.

So what's going to happen with trying to get those appropriations bills passed?

So you just create chaos and confusion. It is something that the left is happy to see because they are going to use that as a distraction from the failures on the board or the failures of the Biden administration.

So here's what Byron Donalds, who was not happy with Ken McCarthy either, said, CUD 16. I'll tell you, I think it is going to be a problem because the first thing it does, it takes away floor time where you're supposed to be actually going through amendments on the appropriation bills. That's one. Number two, yeah, it's going to lead to divisions in the conference. How are we going to be united as a conference if we're divided on that question?

I mean, and and you know where he stands. Yes, and that's exactly what I said.

So and again, what you are going into the Republican Conference with a Claymore mind strapped on your chest, which says front toward enemy, and you're pointing at your own colleagues. Lastly, the Mayor of Dallas has flipped parties. And now a Republican. And Senator Tim Scott, politically and personally, I think it's a great move. He's going to go down and meet with him today around noon Eastern, and he's going to talk to him because he, like you, is one of the African Americans who said, Yeah, I'm not comfortable in the Democratic Party, like Byron Donalds and Congressman James.

I'm not comfortable there. I'm very interested to see if this becomes. a message because no one looks at You or anybody else, and thinks that you're selling your soul for political gain. This is what you believe. And I'm just wondering, could this be a bigger deal than just a Dallas mayor?

Well, I'm down here in Dallas County, and I've been quite aware of Mayor Eric Johnson. You know, for eight years he was in the Texas State House as a Democrat. It would have meant more to me if he had made this decision to change his political affiliation before his last reelection.

Now it seems that he is positioning himself. And if he is sincere in heart, you know, God bless him. But let's see what happens going forward and if this is just an opportunity to run for an open congressional district that is here in Dallas, or if he's really going to get out here on the battlefield and do some of the things that people like Bob Woodson, myself, Clarence Thomas, many others who have been absolutely disparaged, if he's going to stand up and do that. Do you think you do you doubt his? I don't know him.

Do you doubt his sincerity?

Well, like I said, it would have meant more to me if he would have made this change before his last reelection bid, because obviously he's not going to be running for Dallas mayor anymore. Is Dallas that to the left? I didn't realize that. Dallas County, the entire Dallas County went for Beto O'Rourke by 63%.

So that just lets you know that Dallas County as a whole is behind enemy lines, and there's not a single Republican County commission for Dallas County. Hmm. I guess we will see, right? I mean, right now, you are watching a Democratic mayor in New York City totally had it with this Federal Government. You are watching a governor at least give lip service to what a disaster the Federal Government has been on the border.

And then you have a Democratic governor who I have no use for but came out and has been. subtly ripping this president. Especially on the border, you have a lot of Democrats who can't rationalize his behavior and policies. No, you're absolutely right. And you just had RFK Jr.

just decide he's going to run as an independent for president because, look, this is a progressive, socialist, you know, Marxist party. It is not the Democrat Party that my parents were members of when I was growing up, and they raised me in a very conservative manner. And I think you're going to see Misha Maynor, who is a state house member down in Georgia, who has changed her party affiliation. And she's coming up for reelection, but she said, I just can't deal with this party anymore.

So I applaud her. And that'd be a great person to have on your show to talk about her and her purposes and the reasons why she decided to lead the Democrat Party. Interesting. I will take you up on that. Lieutenant Colonel Alan West, thanks so much.

Calls a pleasure. You go get them, my friend. All right, you go get them, too. Listen, when we come back, I'm going to get you. Get you to get to the phone.

And then I'll read some of your emails at BrianKilme.com. Keep in mind, too, Teddy and Booker T comes out in November 7th. If you want to pre-order the book, go ahead, BrianKilme.com. Also, if you want to see me on stage and we talk about all these in a very patriotic evening that is fun, then the 9th I'll be in New Jersey. Then I'm going to be in Montgomery.

I'm going to be in Huntsville, Pittsburgh. You'll see it all on Briankilme.com. Go get tickets so I can meet you in person. Diving deep into today's top stories, it's Brian Kilmead. The talk show that's getting you talking.

You're with Brian Kilmead. Five months off and we are back. I am so excited to be here. I am so excited. Seriously, I'm more excited than a guy seeing Beetlejuice with Lauren Boeber.

I'm more excited than a Jets fan during the first three plays of the season. You gotta be kidding me. In case you've forgotten, my name is Jimmy. I've been off the air for five months. We've been gone so long.

We've been gone so long, the bachelor is now a grandfather. It's been a long time since our last late show. We looked at the calendar today and checked my math on this. I believe we have been off the air for 154 indictments. Of course, Stephen Cobert's got to end with the Trump joke, but that is the montage you guys put together for me.

Um, we might have seen it somewhere else, but it was bad. We thought you know, the they were they were pretty funny for the most part. Right. I mean, I wonder if they re are we gonna recalibrate? I wonder if anybody's going to change and realize we're kind of bored about doing the same show every day.

And we kind of see a lot of comedy of both sides. I mean, you have a president literally who doesn't know how to leave a stage, finish a sentence. I mean, how is that not coming into your monologue. I mean, you would hope they would use this opportunity as a s chance to reset, but I feel like we're being overly optimistic with that. Right.

Uh, but I mean, they must be on a certain level. elated that Trump is back leading the leading the pack. 100%. It gives them like 90% of their material. Right.

So they're back and they're talking. I'm sure they're going to talk about Matt Gates and the lockdown. They like to have fun with him. They like to talk about the pillow guy. We understand that.

But you know what they're going to find too? That in all the cases, the document case, if you look at what's happening in Georgia, if you're looking, what is the other case, the January 6th case? I have four separate indictments. Everything ends up in an indictment. They're going to play out.

But when you look at Alvin Bregg, who was the first one, that's right. Alvin Bregg was the first one, it's an absolute. Joke. And Democrats don't even want to talk about it. This is even worse.

And this looks so personal. And listen to what Yu Yua said last night. I guess he's got a background in this. I want you to hear this. Cut 10.

I represented real estate developers for 25 years before I retired, and this judge used appraisers. It is absurd. He is being persecuted in New York and in the Manhattan DA case that Guy referenced. And so it has the additional benefit of being true in this case. The more he goes to New York, the better off he is, because those are nonsense cases brought to destroy a political opponent of the Democratic Party.

Representing both of the people who brought the case. Right, and this is day two today, and we're going to hear more things that 40 Wall Street was double, and they're going to hear Michael Cohen. Come out and say president wanted to be, then businessman wanted to be higher on the Forbes list, so he came up with numbers that made him look richer. Oh my goodness, are you kidding? He's inflated numbers to move himself up on the Forbes list.

Whether it's true or not, nobody cares. If 40 Wall Street was written down for insurance or written up for refinancing, we don't care. Those banks did their research, nobody's upset. And that's what's going to come out. They said this one thing that came out over the weekend.

Donald Trump in one case, the reason why the judge has already ruled that he is fraud, that fraud works. Is because his personal residence is actually 11,000 square feet. He wrote down as 33,000. I'm thinking, and then what happened? What happened?

Well, that's what happened. What do you mean?

Well, it's worth more thirty-three thousand feet than eleven thousand square feet. And What happened? Did the bank get mad? Did the insurance not work? What happened?

Did he go up higher on the Forbes list? Nobody cares about the Forbes list except rich people. Nobody cares. We don't even look at it when it comes out, let alone the day after it comes out. But the President Trump.

It matters. You're going to actually sue him for three months on that and take two hundred fifty million dollars and put his buildings into receivership and his golf club over in Westchester County? That makes you happy? Are you insane? I mean, I'm guys who want to be manners.

Nikki Haley. Uh talking about DeSantis and Vivek Ramaswamy. From high atop Fox News headquarters in New York City, always seeking solutions, never sowing division. It's Brian Kilmead. Hi, everyone.

Welcome to the latest moments of the Brian Kill Me Show. We come to you from 48th and 6th in Midtown Manhattan, heard around the country, around the world, where downtown Donald Trump moments ago has just spoken to the press on day two of his civil trial that could go on for three months, and he does not have to be there. And that was the question he walked away from, but he's choosing to be there. Why? It's personal.

Hey, if they're going after me and my credibility and my... three billion dollar company and said it's worth maybe two point three billion? Which how do you live on that? I mean, if my goodness, if it turns out that he overestimated his wealth by seven hundred million dollars, which means nothing to anybody, Uh w I don't know how our country goes on.

So they're analyzing now what went down yesterday, and we'll get to all that. This hour we're going to be joined by. Raymond Arroyo. I'm going to do a simulcast with Stuart Varney. But in about 12 minutes, be able to open up the phone.

So, as Donald Trump walks in for day two of his court hearing, let's get to the big three.

Now, with the stories you need to know, it's Brian's big three. Number three. I think the American people are fed up. They're fed up of the political games, the political stunts that House Republicans are doing. They're the ones who are saying that they want to defund DHS.

That's what they're saying. Yep, there you go. Illinois joins New York, Texas, and Arizona in saying the broken border is breaking their cities, while the administration says it's all a Republican stunt? Number two. The gentleman will state the form of his resolution.

Declaring the office of Speaker of the House of Representatives to be vacant, resolved that the office of Speaker of the House of Representatives is hereby declared to be vacant. A fool's folly. That's how I labeled Matt Gates' push to kick out Speaker McCarthy. I'm not saying we shouldn't have cut spending. I'm not saying we shouldn't have done their appropriation bills.

But this doesn't help anybody. They have 45 days to show they can lead the House. Let's see if the Republicans can do it. Number The Attorney General of this state is a disgrace. Leticia James is a disgrace.

This is great. to our country and to the state of New York. What a circus. Trump on trial. The Trump organization under scrutiny as his accusers, the AG and the judge, look like partisan players that they are.

But could the former president end the day with an eventual win? We're going to look at what day two looks like. And we'll bring back some of the comments. They weren't earth-shattering, but it shows you the President's feeling. He's there, he doesn't have to be, and he's pushing forward with what's going on in court.

Yesterday, at the end of his court case, he was heard the last five minutes, and he was stunned. And so was I, to read about it in retrospect. I was traveling at the time. And the judge basically said, after being sued, that a lot of this case all took place before 2014. Therefore, it's beyond the statute of limitations.

Why are we doing this? The judge said It looks like a lot of it is. We're going to have to look at that. Excuse me, it's a hard number. Yes or no?

Is it beyond the statute of limitations? That's not up for interpretations. Are you kidding me?

So, Letitia James, who never has looked more political, is now bringing this case that the other, the district attorney, did not want to bring. Even Alvin Bragg didn't want to bring this case, but she says, I'm just going to make it a civil case instead of a criminal case. I'm going to make myself famous. And how do we know that? Because she said it, she ran on it.

Once she got the job, she promised it. Listen to Eric, do you have that montage of Letitia James? What is fueling my soul right now is Trump. Will you sue him for us? Oh, we're gonna definitely sue him.

We're gonna be a real pain in the ass. I'm the phone! To going into the office of Attorney General every day, suing him, and then going home. Said I know my name personally. Why aren't they playing that on the other channels?

Why is that some of the The most idiotic statements you could possibly make. Does she understand that she wants everyone to think she's just going for law and order? But when she comes out and makes these statements over and over again, those are just the latest examples, that she just totally throws her credibility out in the street. That's why you don't see that in other channels. Because they say, wait a second, we're supposed to pretend as if Donald Trump is a problem.

His business is a problem. It's so bad when people build buildings and fill them up with tenants. It's so terrible that he has another building at 40 Wall Street. And he had a golf course in the Bronx that Mike Bloomberg, the mayor, asked him to refurbish, and he did. But he sold it to Ballings for a ton and Westchester County, too.

So you just take apart all this empire. And by the way, he's got buildings everywhere.

Some, he just puts his name on, and they paid him for the licensing, which is brilliant. Lindsey Graham, who, by the way, is a lawyer, cut nine. Let's look at the AG. She started attacking President Trump in 2018, and she promised if she got to be the Attorney General. of New York, she would make this guy's life miserable, that she would go after him, look under every rock.

So she has used Donald Trump to elevate herself politically. She is trying to get ahead at Donald Trump's expense. The judge has ruled that President Trump committed fraud and nobody got defrauded. The judge believes that Mir-a-Lago is worth $18 million. What a friggin' joke.

And the judge came out yesterday and goes, stop saying that I said it's worth $18 million. That's what the local realtor said. No, they said $28 million. And that was what they said be without any revenue. And it's really $300 million if you asked a realtor outside your purview.

Let me ask some. You just go up to one realtor and say, how much is it appraiser? And ask, is that how much it's worth? I'm going to just try the former president, so I need a number. Or do you get four or five and ask some questions?

Like, where'd you get this number from? How do I know this is true? Just watch one of the judge shows on television every day. They can't be an expert on everything, whether it's finance or the automobiz automobile business. They ask questions, how much does these costs?

How much did you pay? They'll get the fundamentals of every business.

So we asked one person, they said eighteen million dollars. He goes, Well, that's what they gave me.

Now, I'll also Keep in mind too. when you are looking to pay less taxes? You're trying to drive down the price of your property when you're trying to refinance or when you're trying to get valuations to buy another property off. Uh some some oath something that you might own?

So, you want to increase that? That's what happens every day. If you're not happy about it, you're not happy about it.

So, Alina Haba was on this morning. We just watched the president speak about 20 minutes ago. I'm sure Letitia James will look to get on top of things. You know what I think she's realizing? I think she's realizing uh oh.

I'm already losing in the court of public opinion. Didn't see any Democrat coming up. That legislative James is really doing God's work. Anyone? They don't know what to make of it.

'Cause they can't believe how political this looks. And nobody's running to say, wow, she's a genius. What a bright future she has. She tried to run for governor. That lasted a week.

She lost to a lieutenant governor from Buffalo who Governor Cuomo didn't even know her name, just thought would help seal up upstate New York so we could win reelection because there was some sense that he might, that Buffalo project, which was a billion-dollar bust, might cost him that, but it ended up not being necessary.

So, you know, I was going back and forth with a member of the Trump family yesterday. He says, just so important for people to get this straight, that we're not overestimating anything, that if anything, we're underestimating a lot of valuations. But they also are dragging his family in. Ivanka, I don't have details of this, but Ivanka said, I'm appealing the indictment, and she won. Because what they accused her of doing, that even a New York judge could not verify.

So, I'll talk about that. The other thing I think is important for you to find out.

So, the longest time we've been talking about the border, but it's not a problem for Democrats. We're a sanctuary city. We're a right to shelter. It's not a problem. Aren't we America?

Hasn't anyone gone to the Statue of Liberty or even seen a picture of it and see the inscription there? Give me your huddled masses. Come one, come all. That was my idea. I would have put that there in the 1700s.

But now we have rules and regulations, but Republicans are only ones who care about it. If you bring that up, you don't like Hispanics. That's how bad you are. But now we're seeing Mayor Adams is going to four Central and South American countries, going to Mexico City, he's going to Colombia, he is going to Panama, and he's going to go to the Darien Pass. He wants to see for himself and spread the message: don't come anymore.

And then we had Governor Pritzker of Illinois declaring, basically declaring a state of emergency. You know how many he's got? 15,000. 15,000 and he's complaining. 15,000.

They get 50,000 at Eagle Pass every month. This guy's complaining about 15,000 total. Total.

So he wants to run for president, so he's calling on the federal government to get this, get them jobs, and he wants federal money. You're missing the point. You get them jobs, you're going to have thirty thousand. You get federal money, it's a short term loss, but it's our money. We're already running at a deficit.

Crazy. Insane. And but there are some insane Democrats. Just to review, Ianna Presley, who's A member of the squad. Massachusetts On with Jake Tapper, Cut 32.

Our border is secure, and we're in the midst of a humanitarian crisis, and we have to fix a broken system. You think it is secure? You think the border is secure? or it is not secure. I believe that we are in the midst of a humanitarian crisis and there needs to be federal investment to support those migrant families.

Do you think that the border is secure? D is that what you said? Yes, the border is secure. But if you have millions of undocumented migrants coming into the country, how is the border secure? Jake, this is not a new So, what I think is important is: I consider Jake Tapper a Democrat.

He wrote for a salon, that's where he stands. He tries to be fair, but he can't help himself when Trump is just beside himself. He's already, him and Anderson Cooper are beyond rationality. But for Jake Tapper to follow up and say, come on, don't be idiotic. If you want me to believe what you're going to say next, please walk back what you just said about the border being secure.

He gave her four chances two years ago. He never would have done that. A year ago, he never would have done that. Yeah, but the problem was just as bad.

So, this Ingrin Lewis Martin is a spokesperson for her chief advisor at Mayor Adams, right?

So, she actually said something that you and I would say. Asking for help and blaming where the blaming belongs. And he quickly had she had to walk it back. This is a deputy to the mayor in New York, cut twenty nine. The federal government needs to do its job.

We need the federal government, the congress members, the senate, And the president to do his job, close the borders. And then quickly, the spokesperson for. Fabian Levy, the spokesperson for the mayor, said, No, she means decompress the problem at the border. Yeah, right. We don't need you to spin it.

You can't help it. These illegal immigrants are everywhere, and a lot of them are gang members. And we're seeing this more and more, too. Gang members are just coming in from other states and just other countries saying this sounds great. Can't believe I got in here and I get a chance to stay.

And unless I get caught doing violent crime, I didn't even go to jail. It's unbelievable. And I give Mayor Adams credit. He's going to go to these countries. But it was brought up to us earlier.

It's really not as Congressman Gonzalez had joined us earlier. It's really not his job to have to go to other countries to explain we don't need you anymore. We can't fit you in anymore. And my hope is that he listens more than talks and finds out why the Panamanians are trying to deal with the Darien Pass, which I understand is so dangerous that people are afraid to come. And people are being tortured and died there.

We never even find the jungle so thick. And then, why is it in Mexico they're not enforcing their southern border? It is just ambivalence. Is it malfeasance? Is it incompetence?

You know how to do it.

Well, what do you need?

Well, do we need to threaten you or do we need to sweeten the pot a little bit? Do I need to pay for your Marines? Just tell me what I need for you to do your border. And what are the policies in America that's making it harder for you to keep your male population in your country? And then you come back and you say, listen, this is what I did.

That's what a great job, this mayor is doing a great job, but it's really not his job. At all. And now with the governor of Illinois, who probably wants to be president, uh rich guy. who knows that Chicago is his most important city, knows it's being overrun. Shouldn't be, it's only a few thousand, but it shows it it disrupts life.

They're building soft-sided facilities for a Chicago winter. Yeah, buckle up. That should go well.

So we'll talk about all these things. The border as it's changing, get your take. But to me, the breaking point also. was when Elon Musk went down there. And Elon Musk, you've got to see his posts, his live tweet posts.

Everybody's listening.

So now the left doesn't seem to like Musk, even though he's got space and he's got an electric car. Tesla doesn't mean as much to them now. Certainly doesn't mean enough to president because he's not a union, doesn't hire union people, and he makes his own, didn't ask for federal money for an infrastructure and for charging stations. But guess what? Ford is renting now Tesla charging stations.

He doesn't ask for, even though he builds in China, he also builds in America, at which time he keeps the designers with the workers together, unionized.

So if there's a problem, the designers are right there to fix it. It's genius and it's basic. It's the way we used to do things because at one point no one else could do things. Then when he realized he could do it cheaper, we moved the design. We used the assembly out of the country.

And I think it hurt the quality. I think experts will tell you that.

So here's what Elon Musk said: what he saw: CUD 33. We should also not be allowing uh people in the country if they're if they're breaking the law. That doesn't make sense. The law's there for a reason. Even uh America's largest city, New York, is buckling under the pressure of uh ha just how many um illegal immigrants are are going to New York.

If if New York can't handle it, well pretty much uh no part of the country can.

So Uh s if if we don't do something soon Um we're just gonna have uh like I said a a collapse in in social services as we're already seeing uh in uh New York. Right. And and I'll come back and I'll talk a little bit more about what's going on in Capitol Hill today. They have forty-eight hours. I think you have 48 hours to give a thumbs up or thumbs down to Kevin McCarthy and vacate the seat.

So we'll see how that vote's going to go. I don't know anybody on the Republican side outside Matt Gates, maybe Matt Rosendale, who's also useless. Matt Rosendale will just maybe vote to vacate. But besides that, I don't see it. If there's six or seven, you'll need some Democrats to vote to keep him in.

And I think Democrats will not vote to keep him in because they want the chaos. They want to turn around to the American people and say, hey, you gave them the House. They couldn't even get along. It took them 15 rounds to elect a Speaker. And you know what, Republicans?

There's no counter-argument. It's a fact. I like when people tell the truth. If you're upset, say it. Don't posture it.

But I also like when people play. Do things that's in best interest of the country, not their career. When we come back, I'll take your calls. I wish you could write me at BriankillMe.com. Coming to you from Midtown Manhattan, we're just a few blocks away.

The 45th President of the United States is on trial on day two. Don't move. Expanding your knowledge base. It's the Brian Kill Meat Show. He's so busy, he'll make your head spin.

It's Brian Killmead. When you were Did you ever punish any students for pulling a fire alarm? And if so, what did it? I'll have more to say, you know, after the decision is made in terms of what happens with the investigation. But right now, I'm not going to say too much.

Why, Congressman Goldman? You pulled the fire alarm. You tried to evacuate a building right before a crucial vote, and you can't say it because you were trapped in the vestibule. No one buys that except for AOC, which I don't think she even buys that.

So we'll see where that goes. That's not going to go away. What an embarrassment. Hopefully, it tames him and keeps him down from saying his rhetoric because he is a huge distraction, as is Matt Gates. I understand he wants to cut spending.

I understand that he wants one of the appropriation bills done, but this is not your next move, especially when Chip Roy and Scott Perry were negotiating some type of proposal on the CR that would have had an 8 percent cut of spending and would have funded Board. It got additional money for the border.

Now, what this just came over, Speaker McCarthy said, just said he would. He would not try to broker a deal with Democrats to defeat this effort to oust him. And even though it has little chance of having. Even though he has little chance of hanging on to his leadership post without their support, that's an interview with SquarkBox. He said there'll be a vote today.

Evidently, he said he could try to quash the effort by Matt Gates to depose him as soon as Tuesday by asking the House to vote or table or kill Matt Gates' resolution. But the squeakers' majority and the size of the number of the right-wing rebels in favor of housing him mean he has little chance of surviving a vote to keep his job, which requires a majority without at least some support from Democrats. I don't know. It depends how how many people. I mean, Matt Rosendale is one.

Andy Biggs. I don't know. Was Andy Biggs going to be responsible for trying to get a new speaker? He doesn't have the votes. Definitely doesn't have the votes.

Steve Scalise? I don't know if Steve Scalites has the votes. Steve Scalitz is not going to be back for a while. He needs a strong speaker in the middle of a 45-day crisis. He's battling for his life.

Tom Emmers? He's the best friend of Kevin McCarthy. He's the guy you want?

Well, usually it's for somebody, not just to blow up your own party, usually. When we come back, Raymond Arroyo joins us. We'll bring him inside this mess, latest on the court, and he's also got a special message. Information you want, truth you demand. This is the Brian Kill Me Show.

Everyone saying that there is an option to check a box and you get a jury. That is wrong, everyone. There is no option to check a box. They brought this under a consumer fraud statute. It has never been used in this way for a reason because this judge who oversaw the special proceeding has given them everything they wanted effectively for years.

And they wanted to keep it in this division as opposed to the commercial division where we would have had a normal judge.

So, no, everyone, I didn't forget to. Check a box. Oh, there you go. That's Alina Hava this morning on Fox and Friends First saying, let's forget about everyone's saying. Did we turn down the option for a jury trial?

We didn't check a box. That was not an option.

So she's down there. She's in the courtroom, and she's representing the former President of the United States, who's in again for day two. We're here with Raymond Arroyo. You know him from television. You watch him now in Fox Nation again.

He's got a brand new book called The Magnificent Mischief of Tad Lincoln. And, of course, that book is out now, geared towards children. And it's available as of today, right? Today is the premiere day.

So everyone's got to buy it. How many pages is it? It's 19 flips. That's every picture book. 19 turns.

So what is that? The 38 pages. Pages. But it's a great fun read for families. We'll get into it later.

But it's hard to write these books. Look, I started writing that book on Ted Lincoln as a chapter book, but you quickly realized that will limit the audience for this, and I wanted families to experience it.

So it's a lot harder to write the 19 flips, but we got it done. Right. Okay. So let's talk, Raymond. Just for one thing, we're watching this.

Anarchy plays out in downtown New York City. With New York overrun with illegal immigrants, we know about the crime issues, the lack of leadership we're experiencing, all these issues. They're putting millions of dollars into this Trump trial. I know. And what is the, I'm very curious of the impression outside New York.

Do people realize that this is political? I don't think people realize it. And I don't think they comprehend the level of law enforcement, the lockdown of this city, whole avenues shut down for much of the day. It paralyzes business, commerce, travel in New York City. And it's a waste.

On top of it, it's a waste of resources of the NYPD. You're right. We have drug people, there are drug addicts all over New York City running around, slumped in alleys, attacking people, homeless. The migrants are everywhere. These mopeds, they are.

I spoke to a cop last week, Brian, outside the Roosevelt Hotel, where there are new mopeds literally every day, brand new mopeds. I said, what are the mopeds doing here? He said, the migrants are being used. The cartels. There are 2,000 illegal drug operations in New York City.

The migrants are being used to deliver supposedly food. They're actually delivering drugs as well as prostitutes who are living in the facilities that New York taxpayers are funding. This is an outrage, what's happening. Also, mopeds with banana seeds, because if you're delivering a prostitute, you need a banana seed. They all have, they're all these leather-bound, brand-new mopeds.

I've never seen new mopeds like this. And I told the cop, there's no license on any of these. He said, oh, no, no. We confiscate them once a week, put them on trucks. The next morning, brand new mopeds appear.

It's all the cartels. They own these migrants who have come here in terrible circumstances, but this is how they pay back the coyotes. But wait a second. Donald Trump needed to move up the Forbes list, so he might have inflated his wealth. Don't you think that deserves your attention?

Don't you think that deserves your attention? This is such a joke. I mean, this is a scandalous joke. The real problem is this.

Okay, let's say that this is a legitimate charge. Let's just go out and say that for now. How, in the middle of a presidential election, once the guy has announced his presidency, you either have to charge him before or after. You can't do it during a presidential election.

Now he's off the campaign trail. Any events he had this week, they're off. I don't know how long, how many of these cases you can move forward and how this isn't seen as an obstruction of election in our electoral process. Who also should be mad? Everybody else ran for president.

You bet.

So if I'm Nikki Haley, I kind of feel like in a roll, I feel pretty good about that debate. People are talking about me again. You know, they're talking about it in the Wall Street Journey. You know, she could be it. Nobody's talking about her.

Tim Scott's going down to meet with the mayor of Dallas today at noon Eastern Time. And he's an African-American who decided to flip the Republican Party. That's almost as special as when Barack Obama attacked Tim Scott. You know, so those are the types of things that you need in a campaign. That's going to get overrun because President Trump is going to order McDonald's again for the entire courtroom.

And that's going to be the story. Don't you think he knows what he's doing by showing up when he's going to be able to do it? Oh, without it. Look, Trump is playing. Trump is the Taylor Swift of politics.

He's brilliantly using this. Maybe it's authentic. Maybe it's not this, you know, the charges made. I look at these charges. I think they're absurd.

I mean, I have to tell you. Right. But, well, look, if they're legitimate charges, they need to be scrutinized. We've scrutinized them. They look absurd.

Even the judge said the statute of limitations is over here, guys. 80% of this case has to be thrown out. But let's put that aside. Trump has brilliantly done. Decided, I'm going to get in the car.

I'm going to go down every day. I'm going to use this as a moment to snatch the news cycle. Who is hearing anything about Ron DeSantis or any of his competitors? Nobody. Nobody.

And Ron DeSantis is doing a lot this week. And he also decided to go on Bill Moore. He's also doing everything he can. He didn't break the room. Right.

Not with Trump. Not with Trump. And you know who said that? Bill Moore. Yeah, let's face it, Ron, you wouldn't be here if you're right.

Exactly. Maybe you should throw in with Trump now. Just from your opinion, right? If there was, if Trump said, I don't want to run. Who would be leaning right now?

I mean, people would say DeSantis. Probably. I mean, on the numbers now, probably DeSantis. Yeah. And I mean, wouldn't we be giving more scrutiny to the rest of the field?

Sure. But it's not a possibility right now. Trump is so far ahead in so many states, and he's conquered the news cycle. I just don't know how these guys break through. All right.

So when we talk about statues that are coming down, for the longest time you have told me in confidence that Washington had slaves, he does not deserve a statue. Oh, yeah, I should say. Right. And then that continues. No, just the opposite.

Last week, two weeks ago, they had a big meeting. They're going to take away, they're taking down generals, and this guy named George Washington, he looks like he's going to come down. And other people are offering to take these statues. This is just the latest revelation. Took Tay Roosevelt out of the Museum of Natural History.

You're someone not running from history in this book. No, no, no.

Well, look, it's important that we remember these moments for the good and the bad, Brian. We owe that to our children and the future. When I looked at This, whether it's a statue or it's a national holiday, we look at Thanksgiving every year, and it's kind of become an exercise in gluttony. Everybody eats. I now look at that turkey in a whole new way.

Years ago, covering the White House turkey pardon, I wondered, where did this come from? The president goes out and pardons turkeys. It turns out it's connected to Abe and Abraham Lincoln and his youngest son, Tad Lincoln.

Now, I didn't know the backstory, but like everything in life, It's the family story that becomes the national one. And what the turkey pardon really is, is a monument, an ongoing tradition to the love and the respect between the son and the father and the lessons they shared with one another. My last book was about Edison and how his mother saved him. This is a book about how a son saves his father. In what respect?

Tad's the youngest.

Well, Tad was the youngest son. Willie, the middle son, died. And Abraham Lincoln and Tad were inseparable. And the staffer said, why does he allow this kid to run rough? Shot all over the White House.

And indeed, he would hitch goats and run and gallop into the East Room. We've got that in the book. There's a lot of fun here about the kids having a great time in the White House. But the people around Lincoln said, why are you allowing this kid to? He's a Hellion.

He's running wild. And Abraham Lincoln would literally double over in laughter when the boys were around. It was his touchstone of normalcy and joy in the cauldron of hell that he found himself. That reminder of the power of a child, not only in the life of a family but a nation, is memorialized not only in this book, but in Thanksgiving itself. Which, by the way, Abraham Lincoln made a national holiday the same year he and Ted created the turkey pardon.

It was a really neat story. How would he feel about the lions playing every Thanksgiving? Do you think he anticipated that? No, he did not anticipate that. Because they have not been good.

Never good. That's never. No, it's a time for family. He also saw it as a season and a moment of mercy and forgiveness for a nation that was severed and broken. And we need to get back to that vision that Lincoln had for Thanksgiving.

You know, it's amazing when I do researching the President Freedom Fighter, you realize when you're researching Lincoln, how close he was to him and how crushed Tad Lincoln was when his father died. He must have been, I mean, every kid is, but at that age, And how close they were. He lost an ally. He did. Because his mom was a little crazy.

Yeah, and they became inseparable. I mean, it was Tad who would accompany his father to review the troops. It is Tad who goes out and is with him at all the major speeches, except Gettysburg. He was sick that day. But most of the major moments, the signing of the Emancipation Proclamation, the signing of Thanksgiving as a national holiday, much of that was done with Tad sleeping or laying down next to Abraham Lincoln's desk.

It's an incredible story of father and son, and a touchstone, and it peels back the onion of why this holiday is needed and how the love of a family can somehow be magnified and touch an entire nation. I love this book. And the reason I called it the magnificent mischief of Tad Lincoln is because it was that mischief that really was the anchor for his father. And who's the book written for? It's written for families.

I call these family reads, never picture books. You can see it at raymondarroyo.com. You'll see some. Illustrations and links to the book, but it's written for everybody. I want families to read it together, particularly as the holidays get closer.

It's a perfect holiday book, and we have a Fox Nation special as well. All right, when is it? Right now. Everything drops today. All right, fantastic.

Raymond Arroyo, congratulations. The magnificent mischief of Tad Lincoln.

Now, the Brian Kilmead Show joins Fox Business's Varney and Company with Stuart Varney live on your radio and on Fox Business. Here's Brian Kilmead. I'm just going through a lot of your emails now. I'll get to them just around the other side. A lot of people writing at work.

Just about the thing we were discussing with the Trump trial, the Matt Gates push to oust Speaker McCarthy, and Illinois joins New York, Texas, Arizona and others in saying there's the border's broken. We need emergency money because of illegal immigration.

So a lot of you are writing on those three things and other things, including Donald Trump's big lead. And you know what else is happening while Donald Trump's on trial? No other candidates getting any oxygen. Let's listen in together. NASDAQ down 200 points.

10:51 kill meet time. Come on in, Brian. I want to start with the Trump trial. The judge was seen smiling and posing for the cameras yesterday. Overall, you think Trump can get a fair shake in New York City?

This is the most confusing trial ever. Before it starts, they say he's been found guilty on a major count, and they're not sure, but they think they're going to take his business license away. Really? Can we hear a side of the story? Oh, well, we got his deposition.

Well, isn't he supposed to get a jury trial? No, he's not. And blame himself for that.

Well, today we learn from his legal team we had no option about a jury trial.

Okay. So now we see the President of the United States upset until the end of his court session on day one yesterday when he had to sue. To get the judge to look at some of the counts and say, I believe the statute of limitation is up.

So, five minutes left, the judge looks down and goes, Yeah, it looks like a lot of this stuff is up. And he says 80% of the court case is thrown out. Trump walks outside and says, Thanks, Judge. And then Letitia James says, The president's misinterpreting it.

So, listen, I don't know if there's enough law school that I could possibly have attended to figure out where this is going. And Donald Trump going to this trial again for day two when he doesn't have to show up once is interesting because, again, he also just spoke to the national media and ignored their questions.

So, he got 10 minutes by himself, and then he'll sit there and then he'll come back.

So, he'll also. Let everybody know it matters, and he'll also let everybody know how ridiculous this case is. I think you're right. He's got a platform to do just that right at the courthouse. Governor Hokor, New York Governor Hokor, she's announced that there are 18,000 jobs available for migrants in New York City.

I've often said that, look, the migrants are here, they're not going back, they should work. First of all, you close the border, then you can let them work. What say you?

Well, number one, they're not close to closing the border, so they can't work. That's true. Because we're going to have to double the number.

Now there's 185,000 Venezuelans, so they can work on it for 18 months or something to that nature.

So if you have all these Venezuelans here, whatever that number is, double it, triple it in half amount of time because they're living in a hellhole, a communist country that doesn't care about their citizens. They're dumpster diving for lunch.

So if you think you can get to America, get three meals, you have a maid to do your laundry, we give you a mini menu every day, and at the same time, you have a free place to stay. Why wouldn't you bring one come all? And now it's an announcement, it comes back to Venezuela, that America will now let you work.

So now she's putting aside $50 million and taking 250 National Guards. They become the counselors to all these Venezuelans who ostensibly got here before the 31st, and they'll place them in 18,000 jobs. They say 400 companies put up their hand and say, we need workers. I get it. But what about people with work visas?

What about if we find a way to organize this in a way is where they come and they go, like the agricultural community, need them to work. You want to go home, you can go home. We understand we got the crops and we got the growth. I get it. So why can't this be organized?

Yeah, fair enough. Right, exactly. Organize it. You're a sports guy. A moment ago, we had Dave Portnoy on the show.

He was going on about the NFL's infatuation with Taylor Swift. He told her, yeah, he's a Swifty, but he says the NFL needs to find the right balance between football and Taylor Swift. What say you?

If this was tennis. That needs desperately needs audience. I get it. You might have overdone it. If this was MLS soccer and they oversaturated you with a celebrity that went to see some other player on the team, let's say he liked it, I get it.

But the NFL doesn't need Taylor Swift. They're the most successful league, I think, even out even in the world. They're even global now. They don't need it. And the thing is, it plays into that sense that the league is so in.

In cahoots with her, in business with her, trying to get some of the shine off with her star, get some of that shine from her. They watched the jet game. And they're seeing two calls go against the Jets late. And all the Taylor Swift cutaways and how happy she is. And they see Kansas City beat the Jets in a ridiculous end to this game where two calls to this day will never be explained.

You wonder: is the league putting its hand on a stale to make sure that Taylor Swift and the Kansas City Chiefs win?

So, why even have that sense that they want her to keep winning and put her on national television? And she's way too excited. Since I know nothing about football, I'm going to leave it right there. That football, you know, the other football. I know it well.

And that's Premier League Soccer, which is a much more valuable league than the NFL, I think. I'm not sure about that. I think that's a good question. Time's up, Brian. Time's up.

See you later. Good luck. All right, 1866-408-7669.

So that is true. A lot of people with the Jets are saying, listen, why would you make that call late in the game when there was a pass that was intercepted? The Jets were going to go the other way. Instead, they call it back and call a penalty. In Red Further Review, it was not a penalty.

It wasn't even close. And people are wondering, are you making sure that they win? People get upset by that. I know I do. You know, I think the Jets deserve to win that game.

I don't understand how one team holds onto the ball for the last seven minutes, though. It's a little bizarre. Bud writes me and says this: time for all citizens to be armed for self-protection. He's looking at the crime. Why should citizens be unarmed when criminals are armed?

We're talking about, I didn't bring this up yet, but Congressman Cueiro was carjacked last night. They didn't know it was him to report elite. They haven't found the guys. They just splat out took his car. Did you come up with a gun?

Shoot me. Is your car worth being shot? The answer is always no. But can you imagine if you had a gun, if they knew You had a gun, maybe they wouldn't try it, 'cause these guys don't want to die. Louis Lunetta writes here, I probably shouldn't have said the last name.

The Democrats live by Machiavelli and Alinsky. Have you ever considered that Adams, Hochul and Pritzker are playing their part in asking for money in immigration reform legislation like the crime, violence and guns? The Democrats create the problem so that their solution is implemented. Classic Machiavelli and Alinsky Rule 13 and 8. There is nothing organic going on here.

Maybe, I'm not sure that Governor Pritzker is playing a role. I do think that Chicago can't handle it. I've seen these illegals in police stations. The police don't know what to do with it. And now they're building tents because of it.

And they're not running at a surplus. In Illinois, and certainly not in Chicago, where everyone's leaving, like Los Angeles. You listen to the Brian Killmeat show. We're monitoring the vote on Speaker McCarthy's future. They're trying to oust him.

I hope it doesn't work. What about you? Keep it here. From the Fox News Radio Studios in Midtown Manhattan, it's the fastest-growing radio talk show. Brian Kilmead.

Hi, everyone. Welcome to the latest moments of the Brian Kill Me Show. So glad you're here. 1-866-408-7669. Andy McCarthy will be joining us at the bottom of the hour for a myriad of reasons.

Hunter Biden, just a formality, goes in and pled not guilty on gun charges today, in and out. He wanted to do it by Zoom or by text message. He's good at that, or he had a laptop. We hasn't gotten it back yet.

So we would have to probably have used somebody else's laptop and then zoom it in there and they said no. Chad Bergerum is standing by. And we're getting the latest on a bunch of things. We're also trying to find out the latest on the Trump trial. We have not seen any cameras today, but the President did speak, and we'll bring you some of that.

And now it looks like House members, Democrats and Republicans, are heading back to see and possibly vote on the future of Kevin McCarthy. Chad Pergram has seen some crazy times. Nothing really shakes him, but some really intrigues him. Senior Congressional Correspondent joins us from Washington. Hey, Chad, welcome back.

Yeah. Thanks for having me. All right, so what do we know? That McCarthy said this morning that let's have the vote today? Yes.

And so the vote, the first vote. That we'll see, and it might be the only vote we'll see, is an effort by Republican members to kind of kill this motion by Matt Gates. To declare that the speakership is vacant and they should have a new speaker vote.

So we don't know if that will pass or not. If that motion to table, motion to kill this is adopted, then guess what? Gates' gambit is done, at least for today. He says he'll continue to do this time and time again. But Uh he's not getting any love from Democrats.

I just put out a statement. Democrats certainly aren't loving Matt Gates, but they're not loving Matt Kevin McCarthy here. Jared Golden is a Democratic representative from Maine. He just put out a statement a few minutes ago because he's the type of member who might vote for McCarthy for continuity, one might think, potentially. And he says, look.

He says, absent any significantly meaningful benefit for Maine's 2nd District, I see no reason to vote for him. you had Steve Cohen, who is a Democrat from the Memphis area. say that, you know, i is Kevin McCarthy good for the institution? No, he s from his vantage point. He says, but it's also not good to have a an institution like the House without a speaker.

So we don't know how that would go. This is why this is such a complex piece. Of parliamentary algebra here. First of all, the math, as I always say, this is about the math. Kevin McCarthy can only lose five votes.

And he said that today. He said, if five Republicans vote against me, I'm out. But What Democrats could do, and they've been trying to figure this out, and I don't think they're going to vote as a bloc, certainly, and this isn't going to be whipped. uh that they could either just set this vote out or vote present.

Now, those numbers do not count against the vote total. And that's why it's hard to figure, because you don't know this isn't going to be like most votes on the House floor where almost everybody votes yes and everybody votes no and there's a handful of absences maybe and once a month maybe you might have somebody vote present. You could have a lot of people voting present. you could have a lot of people not voting.

So it's hard to see where the votes lie. This is where I spoke with one Republican member this morning who said, well, you know, the result here is not preordained. And if so, if Gates is the motion to table this first vote that we're expecting in the 2 o'clock Eastern time here hour. Um Is not defeated, then they vote actually on Gates' motion to vacate the chair.

So if that second motion, and I realize how complex this is. If the second motion is defeated. Then the first motion, which is Gates, is probably adopted. And what that triggers, Brian, and this is of paramount importance. that triggers an automatic vote for Speaker.

We are back to january third, the start of the Congress, where they voted for five days straight often almost around the clock. 15 rounds before they elected a speaker. You can do nothing on the floor without a speaker. And if it took fifteen rounds, The longest speakers race since 1859 in January. Who knows how long it would take this time?

Wow. Here's Kevin McCarthy from a short time ago. We just had a really good conference in there. We talked about what we're going to take on the floor. We got our appropriation bills up.

I'm going to bring up the motion to vacate today. We'll do it in the first series and move through this. Will you still be Speaker of the House by the end of tonight? You know, if I counted how many times someone wanted to knock me out, I would have been gone a long time ago. Can you explain a little bit about why do it today?

I mean, the idea that you rip the mandate off here or what? Why not? You know, look, I think Matt has planned this all along. It didn't matter what we transpired. You know, he would have done it if we were in shutdown or not.

I firmly believe it's the right decision to keep government open, to make sure our military is still paid, our border agents are still paid. And if that makes a challenge based upon whether I should be Speaker, I'll take that fight.

So that was your question, that second question. Why do it now? A delay could make just drags the whole thing on. There's no advantage to continuing to wait, right?

Well you know some of it might come down to you know the math later this week. you know, they could do this within two days, that's the rule in the House. And you have California members who might be going away later this week to attend the funeral in California. Diane Feinstein, the Democratic Center from California, who passed. It's always a moving target, Brian.

You see, that's the thing. And I asked Kevin McCarthy as I said, you know, rip the bandaid off. And I think that's the case. Yes, let's just get this over with as soon as possible. Or maybe he thinks his votes are there.

I had spoken with one senior Republican source this morning and they really didn't have a sense. As to when they they might vote, and that changed just in a matter of 15, 20 minutes after that.

So I think that's Kevin McCarthy just, you know, he always said bring it, so bring it. You know, don't put off your challenges, face him head on.

So I think that's what he's going to do.

So right now, Chad, from what are your indications? Oh, who's definitely in with Gates?

Well, you have the group uh that were suspect about him before. You have Gates, obviously. You might have Lauren Lauren Boebert, the Republican from Colorado, Matt Rosendale, the Republican from Montana. Um you have uh uh uh Eli Crane, a freshman Republican from Arizona, You had somebody like Thomas Massey, who you might think, you know, a Republican in Kentucky, might be in this group. He said, no, no, I don't think that's a good thing.

You had Tim Burchett, the Republican from Tennessee, who previously had been a pretty ardent defender of McCarthy, who says, you know, this is a vote of conscience, and my conscience is telling me, you know, we should vote, you know, to maybe try something else.

So that that's changed. And this is where that universe of people who's probably going to vote against him. It's only about five or ten members. But again, you don't know what the Democrats are going to do. You don't know what the magic number is because you don't know how many people are actually here.

And you don't know how many Democrats will actually vote present or cast a ballot at all. And that's why it's hard to determine what that magic number is. And that's where I compare this to algebra. You just don't know until the vote happens. It's like watching a baseball game.

You really don't know who's going to win until the end of the game.

So I watched Byron Donalds on Sunday say, you know, we have Trush's issues with Kevin. You know, I don't know. And here's what he said, though, about backing gates, cut 16. It's going to be a problem because the first thing it does, it takes away floor time where you're supposed to be actually going through amendments on the appropriation bills. That's one.

Number two, yeah, it's going to lead to divisions in the conference. How are we going to be united as a conference if we're divided on that question? Well so he's not there yet. And I thought him and Chip Roy theoretically, but Chip Roy was working with and and so was so were others. Scott Perry was working with Kevin McCarthy on the conservative proposal that Matt Gates next, right?

And this is where it's so hard to determine because you might have some Republicans who say, yeah, we're not real happy, but continuity is better. Uh we have an opportunity here to move these you know 12 spending bills here in the next six weeks. All this would do is chew up time. Then we're not going to get anything if we get bogged down in a multi-day speakers race. That's the first thing.

Or number two, you have some Democrats, and I remember talking to Don Beyer, the Democrat from Northern Virginia, a few weeks ago when this issue first started to float around the Capitol. And he said, look, he said, the devil, you know, he said, we might be more inclined to have somebody like Kevin McCarthy versus someone else because the next person might be a problem. It's really hard, but just as we're talking here, the members on the Democratic side are filtering out of their caucus meeting, and they are not inclined to help the Speaker in any way, shape, or form. And this is where I would point to the listeners to look at some nuance here. When you have somebody say, well, I'm not inclined to support Kevin McCarthy.

That means they might vote present. They're not going to vote no or yes, you see, on that motion. You see, that's why it's hard to say. And they say, well, I didn't say I was going to help. I'm not going to do anything to bail them out necessarily.

And so that's why Democrats might just sit on their hands, not vote at all, or vote present. Gotcha.

So here's the deal. Tell me if this is out to launch. If I'm Makeem Jeffries, I watch this going on, and I'm going to see another 15 votes, and we'll pick somebody else: Tom Emmers or Steve Scalise, who let's see who it is. But at the other time he goes, wait a second, I'm in minority. We're going to find out if I'm going to stay in the minority a year and a half.

But what maybe this is an opportunity for me?

So I maybe call up Kev McCarthy and I say, this is my offer to you. How do you feel about that?

Well, I think that Kevin McCarthy and Hakeem Jeffery speaking together, they have spoken recently, but the problem is is then you got to see where the Democratic caucus is. And they are not for Hakeem Jefferies working directly with Kevin McCarthy. And so that creates a bigger problem for Hakeem Jeffries. as though you're somehow trying to help Kevin McCarthy. It's up to interpretation.

So that's a potential downfall for Hakeem Jeffries. Probably the best thing for Hakeem Jefferies to do right now. is keep his powder dry. Play it straight, and then you have to remember, with the exception of one vote. Because there was a member having surgery, David Trone, a Democrat from Maryland, back during the vote for McCarthy for Speaker back in January.

Every Single roll call vote. Democrats voted for Hakeem Jeffries. He kept his people together. And because this parliamentary algebra is so complex here, Brian, I wouldn't rule out if you if th this got really nasty, because again, depending on who you actually have, who you actually have voting present, et cetera, that you could wind up with a Democratic Speaker. He only has a four-seat majority.

You had Victoria Spartz the other day, the Republican from Indiana, s threaten to resign because she said we're not doing anything about fixing the deficit. You have another member, Anna Paulina Luna, a Republican from Florida who just had a baby and hasn't been back to Washington.

So, you know, it depends which way any given Sunday here, Brian, you know, I mean, anything can happen when you have such a tight vote margin. And that's why I always say it is always about the math and nothing else. Understood. Here's Chip Roy talking about what has to happen in 45 days, CUD23. Let's be very clear.

There's going to be a lot coming at us over the next 45 days. We need to get the appropriations bills done under the debt ceiling deal, get spending down, and we need to make sure that not $1 is going to Ukraine. Not $1 is going to Ukraine unless we do our job to secure the border first. Your thoughts about that? I mean, I actually.

Just saying no Ukraine, but he said do the border. I think both were likely going to be in it, don't you think?

Well, again, you know, they passed the Ukraine bill. in the House with more than 300 votes. there's certainly the support in the Senate.

So there's the ability maybe to do that as a standalone. This is one of the reasons that Matt Gates has been criticizing McCarthy in recent days. This seems to be a new argument that he's making against the Speaker, that there was a secret deal, as he termed it, quote unquote, that the Speaker had made with the President. Um yes, but again, there are a number of members here. Yes, they're interested in the border.

They are interested, and I'm talking about conservatives here, some are less interested in Ukraine, obviously. Uh but are they more interested in just causing chaos? And there's a number of Republicans here, and they're kind of fed up with some of their GOP brethren here, like Matt Gates, who they believe are just there to, you know, they're kind of like the fan that runs out on the field during the baseball game. They're just there to get attention. They're just there to muck things up.

They are, as they call them, political arsonists. They're just there to blow things up. And if you want to blow things up, how do you do it? You force a real problem trying to elect a speaker in the middle of the Congress, which has not happened since 1910. You're not serious about border security.

You're not serious about providing aid or not providing aid for Ukraine.

So there's a story today. There's commentary from Rich Lowry. And he says that back in the day, people like Paul Ryan rose in the ranks because they had original ideas, but they were considered backbenchers. Newt Gingrich, too, original ideas. Jack Kemp, original ideas.

It seems like people are rising up just because they are Are making a lot of noise and disrupting rather than have these cutting edge ideas. I don't know what idea Matt Gates ever had except for stop spending. Yeah. And that's the issue. But but his idea has been to hold this sort of Damocles over the speaker.

That's the main idea here. And you're right about the the the three or four members you mentioned. Paul Ryan, that's one of the reasons why he kind of got his bona fides, because he you know, he portrayed himself as somebody who is an expert on the budget and saw that as a a way, you know, he was kind of a policy wonk is how he portrayed himself. And and Matt Gates has portrayed himself, and a lot of Republicans would say, as somebody who just wants to get on television. Why could Nancy Pelosi this is a big question, real quick, how did Nancy Pelosi hold together her diverse caucus?

And it doesn't seem like John Boehner, Paul Ryan did a better job, and now Kevin McCarthy can't do his?

Well, some of it is because her group was just always more aligned with her. I mean, that she commanded a certain level of respect. And it wasn't like it was pressure, oh, we're going to be punished by Nancy Pelosi. It was that there was just enough support in her caucus. Oftentimes, from liberals who didn't think that she was liberal enough, and moderates who obviously thought that she was way too far to the left, who said, you know what?

She's actually going to get us through. She's going to take care of us, and she generally did. And she even had narrow vote margins, and she was a masterful vote counter.

Something I was always told about Nancy Pelosi is that she was really good about telling members kind of what the plan was. and then getting members to get their constituents Into the place that those members had to be to vote. And then they would vote, and it would be reflective of their constituents. And so, in other words, the members. If they Believe that they're being con uh you know supported by their constituents, they're gonna you know vote for something on the floor.

And that's why Nancy Pelosi almost never lost a vote. But the Republicans, and I'll say this, I use the term political arsonists earlier. Uh they have had a number of these for years now. ever since the Tea Party came in in 2010. That they that they wanted only their things, number one.

They didn't want a deal, they were tired of Washington horse trading. And so Democrats. you've had more people on that side of the aisle who have been willing To horse trade and accept half a loaf. Wow, Chad, unbelievable. Thanks so much.

Best of luck with the fireworks today. Thank you. All right, Andrew McCarthy coming up in 10 minutes. Your call's next. Learning something new every day on the Brian Killmeat Show.

From his mouth to your ears, it's Brian Gilmead. Would President Biden ever try to get out of a meeting by pulling a fire alarm? Are you talking about something specifically? A Democratic member of Congress pulled a fire alarm around a series of votes. No fire.

Is that appropriate? I have not spoken to the President about this. And so, just not going, just not going to comment. I would leave it up to. I know there's a House process moving forward right now.

I'll leave it to the House. I love that question. Mike in Panama City, Florida. Mike. Hey, Brian.

Which are you mine, Mike?

Well, I just wanted to comment on Uh The the The Republican Party is not the communist Democrat Party. We don't vote in lockstep. And we're not interested in getting involved in every single foreign war. We shouldn't even be in Ukraine. The only war America should be fighting Is a war to keep our borders safe.

We're not fighting. Keep our borders safe. You could do both. That's like saying we should fund soup kitchens or we should have a military. There's two separate budgets, and this is in our interest, our own security, not anybody else's security, our own security.

And if you don't like it, Russia, I know you have a solid argument. You don't want to spend money. Just because someone doesn't is breaking our border who happens to be president, it doesn't mean we don't have interests overseas. They're two separate issues. You can link them together and fund both.

That's fine. A talk show that's real. This is the Brian Kill Me Show. Everyone's saying that there is an option to check a box and you get a jury. That is wrong, everyone.

There is no option to check a box. They brought this under a consumer fraud statute. It has never been used in this way for a reason, because this judge who oversaw the special proceeding has given them everything they wanted effectively for years. And they wanted to keep it in this division as opposed to the commercial division where we would have had a normal judge.

So no, everyone, I didn't forget to check a box. Yeah. Belina Haba, who's helping the president in this case. There's so many cases out there, literally four indictments, civil trials, and And now this. says it it wasn't their choice.

Now, my head is spinning on this case. I am so confused about the civil trials. What were you ruling on before it started? Why do we need three months to find out? Why does one side have to sue To find out if the statue of limitations is up with some of these accusations and charges.

Why do you have to sue for that? Andy McCarthy is here to help, he says, but I might be a lost cause. He's a Fox News contributor and a great legal mind, former Chief Assistant U.S. Attorney. Andy, welcome back.

Was it her choice? Was it the President's team's choice to have a trial or just a judge? I mean, excuse me, a a jury or just a judge? Brianna. really should have knowing what the law is.

Um and obviously if they had gotten in some way duped into having a judge trial rather than a jury trial. They should have been able to go. It's been known for a long time that the judge was going to be presiding over this case.

So they could have gone to the appellate division and complained. To my knowledge, they didn't do that. I also think there's a political explanation For doing this, assuming that they didn't screw up and just forget to ask for a jury trial. And there's so many. Lawyers in this case, Chris Kaise is a very good lawyer, so it it's hard for me to believe that they just kind of blew that one.

But politically, there's always been a high chance Bye. Trump was going to lose at least some of this Face. I'm not saying he was necessarily going to lose it as massively as right now, it looks like he may lose it. From his perspective, especially running for President, it's probably better to be able to target an elected Democrat Judge. who has really been like a cat's paw for the Attorney General in this case.

It's probably better for him politically to blame a single judge than to have been found partially at least liable by a jury of New Yorkers.

So I think they had people should also remember, a jury trial in civil proceedings is not as much of a protection as it is in criminal proceedings. A civil jury in New York does not have to be unanimous.

So, you know, they could have they could have, like, with five jurors. from New York. Uh convicted. Or convictions the wrong. I'm a criminal law guy.

I keep saying conviction. They could have found him liable with less than a unanimous. Verdict.

So there was a high likelihood he was going to lose part of this case, and I think from their perspective, they have to decide is it worth to lose when you can say it was a uh an elected Democrat judicial operative, basically a rogue Democratic lawyer who made all the findings against you as opposed to the public. All right. Number one, you write, Trump already was found guilty.

So before it happened, this judge who ran out of post is a Democrat. He has no indication that he's even somewhat moderate. In fact, people say his best friend is Chuck Schumer. It doesn't mean necessarily they agree on everything, but it doesn't mean it doesn't.

So, who, by the way, is on the record saying that he sometimes is hard to hide his biases when he makes his opinion. Uh so You're already found guilty of what? Fraud? Of overestimating the worth of his properties? Yeah, so here's how this works, Brian.

And I think I've been trying to struggle for an easy way to explain this to people. I I I think this is the best way.

So Kiss James in September of 2022, just about a year ago. files this massive two hundred fourteen page complaint. And in the complaint, are what's are nigh uh are I'm sorry. seven of what are called causes of action. That that's like the analogy to a criminal indictment would be counts.

You know, accounts one through seven of a criminal indictment. This is causes of action because it's civil. And there's seven or something. And in addition to the seven causes of action What you have to do in civil litigation is also tell the court what you're asking for in the way of damages or remedies.

So she has about 10 of those, including that she wants to put basically she wants to put Trump out of business. in various ways. And she also wants $250 million in damages under what's known as disgorgement. which means she wants all of Trump's profits since 2011, which is the scope of the of the case, right? Yes.

There's these seven claims of Pause of causes of action. and about 10 claims of damages or remedies. What the judge decided on a summary judgment motion last week Was that The state had already proved the first Cause of action. and was entitled to two of the remedies that they sought. He decided one of the seven causes of action and decided two of the ten remedies.

but he said that there are still disputed issues of facts As to everything else, including how much of Trump's profits he should have to pay. to the state, and that's what the trial is about.

Okay. In civil litigation, you're allowed to do this. You can't do this in a criminal case. In a criminal case, no matter how overwhelming the evidence is, the defendant is entitled to a trial on everything. But the way civil litigation works Is people file a motion, which is known as a summary judgment motion.

Right before the case is supposed to go to trial. And if there are any claims where the judge finds that there's no need to have a trial because every disputed issue is already clear under the law, then you don't have to have a trial on that.

So what he's saying is, On one of the charges, what I'm calling charges, but what we should, what is accurately known as causes of action. that there's no trial necessary because the state proved it. And I think Just to to try to be a little clearer on this. The reason he distinguished the first cause of action from the other six. Under New York law, The first cause of action is what's called a standalone business fraud.

Case, and it's really a monstrous statute, because you don't have to prove that the defendant had fraudulent intent. You don't have to prove that there were any victims, that there was any impact from any alleged fraud. All you have to show is that somebody engaged in what they call a persistent and repeated pattern of fraud or illegality, not even that they intended to do it, just that they did it.

So what they're saying was that Trump overstated his val the value of his assets in these statements of financial condition. To banks that were lending him money, to insurance companies that were giving him coverage, et cetera. And what the judge found is she's already proved that he did that.

Now On the remaining count, the remaining causes of action, numbers two through seven. Those are like the civil law version Of criminal offences. where in order to make the case The state has to show Like criminal intent, fraudulent intent. uh that that the misstatements that were made were material uh that Trump had knowledge that he was making Fraudulent statements and did it anyway. You have to prove the kind of things you would have to prove in a criminal case.

Except it's on a civil burden of proof.

So it's not proof beyond a reasonable doubt. It's basically the lesser proof standard of more probable than not.

So they consider his deposition. They were able to make he was able to make his own conclusion off the depositions given from the family. Right. So that's why before the trial started, he goes, listen, I watched the tape. You know, rather than see a cross examination, Are you allowed to cross examination and deposition?

Yeah. But it's not it's not it's not quite the same 'cause there's no judge there. Yes, so Letitia James is able to sit there and whatever she's saying or whatever Sarrogot's doing. And does he have an attorney does judge does he have an attorney to come back? And he has to answer what she asks, not offer what he wants to explain.

So, with that, he watches tapes and comes to the conclusion he's guilty on two of the seven counts. One of them. One. The first one. And takes the first two remedies suggested by the Attorney General.

Yes. So the two remedies that we're talking about are removing his certificates to do business in New York, which every business needs. If you're going to be if you're a corporation or some kind of business entity that you want to do business in the state, you have to have a business certificate. And the second thing is Because of he says that she established this pattern of persistent fraud. his company is now subject to a monitor.

That really doesn't change a lot because a year ago, or a year ago, he imposed a temporary monitor.

So basically, it just means she's continuing. Yeah, meanwhile, she's now for five years. Evidently, the Trump team didn't even let her in.

So they weren't even allowing her to do it.

Now, Ivanka won. On on one contention, correct? Correct. Ivanka's defense. was that she was in a different position from everybody else in the case.

Trump is really in a different position because it's basically his company, right? He's like the one guy who makes it all go.

So let's put him on the side for a second. Ivanka said Her participation in the Trump Business ended when she went to serve in the Trump administration in 2016. And that's therefore She had no involvement from 2016 going forward. And the court ended up finding all the things that they said about her happened during a time before the statute of limitations or after, you know, the statute of limitations only let you go back so far, and that her activity was sufficiently old that it was time-barred. They couldn't bring the case against that.

So Trump said at the last five minutes of his trial, this is what he said, the judge said, and I don't think anyone denies this, cut one.

So I think that was very good. That last five minutes was outstanding.

So the judge essentially conceded that these statute was pensions That we wanted to put in the bills. Is it a fair? For about 80% of the cases over.

So 80% of the case is over because it was before 2011 or 14 or.

So what does that mean? He had to sue to get the judge to look at that.

So if the statute of limitations is over, would it doesn't doesn't that throw out 80% of the case? Yes. Well, so here's the confusing things about the statute of limitations, Brian. One is Um If you engage in plea negotiations with the state, Or in civil proceedings, it's known as settlement negotiations because we're not talking about pleading guilty, it's civil settlement. They can get you to toll the statute of limitations.

So, Trump's lawyers. while they were negotiating with New York State, and I think this goes back to like 2019 or so, maybe 2018. They did agree to extend the statutory limitations for a certain period of time, I think close to two years. While the negotiations were going on.

So that confuses things. And then the other thing is. We have in the law what's known as straddle offenses or straddle conduct. And what that means is this. Let's say You think I'm like I'm in the mafia, right?

Let's put it in the criminal context because this is the easiest thing to the easiest way to explain it. Um And I've committed crimes that go back to 2011. But the statute of limitations Ones The statute of limitations is only five years.

So you want to prove things I did 12 years ago, and I'm saying the statute of limitations only let you go back to. Bay twenty eighteen. What the state can say is If the conduct continued, beyond the statute of limitations.

So in other words, you have something that straddles both before and after, one pattern of conduct that straddles both before and after the statute of limitations. Then you can prove that even though it would otherwise be time-barred. But you have to prove that the person continued. to be part of the conspiracy and continue to commit Offences.

So that's the issue in the case, whether because whether even though some individual acts Are time barred because they're so old, they're outside the statutory limitations. They get brought in. because the conduct continued beyond the statute of limitations.

So that's another issue that has to be litigated in the case.

So right now we don't have it, like he isn't right to say it's dumb, but he's not wrong to say it is. They have to figure it out. And a lot of this stuff happened. This is clearly targeting, in my view. I mean, yeah, they had no problem with him when he wasn't a politician.

He was doing all this stuff regardless. They decided, let's go after him. And remember this montage. Remember, Letitia James said this. My soul right now is Trump.

Will you sue him for us? Oh, we're gonna definitely sue him. We're gonna be a real pain in the ass. I'm gonna vote for you. To going into the office of Attorney General every day, suing him.

And then going home. He said, I know my name personally. I mean, my goodness, what more evidence do you need that this has nothing to do with what's right or wrong? It has to do with politics. Yeah, I think not only that, Brian.

Think about if you or I brought a civil suit against somebody. Or even if New York brought a civil suit. against one of us. It would take years to get to trial. I mean, the court husband is so clogged.

Nothing gets to trial in a year, right? But because this was the Attorney General of New York, who we should recognize this is not the federal system where the prosecutors and the U.S. attorneys are appointed by the President. These are elected positions. She is an elected progressive Democrat who was given this job.

Um The judge is an elected progressive Democrat. And all the cases, but this is what the people of New York voted for. I mean, this is what makes you want to shoot yourself. No one else would get to trial in a year on something like that. You know, you file a 212-page complaint in September.

You're lucky if you get to trial within a decade. I remember when I saw this, I laughed. I said, this will never get to trial. It's crazy. And Andy, I need another two hours, but I'm beginning to understand it a little bit, and I'm more outraged than ever.

Andy McCarthy, thank you. Thanks, Brian. Back in a moment. Coming to you on a need-to-know basis because man, do you need to know? It's Brian Kilmead.

A radio show like no other. It's Brian Killmead. There was absolutely no fraud. They all made money, they were all happy, 100% happy. And I think very importantly is everything.

Many, many warnings. Page one, page two, and many pages. It says please. You must understand that you have to do your own due diligence and you have to, above all, do your own research and analysis. Do not rely on anything.

Do not rely on the financial standards. Also, the financial statements are very strong in terms of cash. Liquidity. And everything else. This case is a scam.

There can't be fraud when you fellow institutions to do their own work. This case is a fraud and it's a scam. Thank you very much. The president, day two, left, I guess, around lunchtime. I don't know if he's going back.

I'm surprised he's there for two days. And so a lot of other people just talking about what he's heard in the courtroom, depositions played back, witnesses that have come forward. And you heard how complicated this is. This is flat-out targeting. It should be not okay.

I mean, for the Bill Moores, for the James Carvilles, the ones that are somewhat moderate Democrats, you should be upset. The ones that just hate Trump, you're beyond reproach. But for anybody else in America, this should outrage you. Outrage you. It does me.

And I hope she goes down in flames in her career because you can't benefit. Go to Briankillme.com. Find out when I'm going to be on stage in your town. Listen to the show ad-free on Fox News Podcast Plus, on Apple Podcast, Amazon Music with your Prime membership, or subscribe wherever you get your podcasts. Mm.