i'm michael smerconish in philadelphia. the vote delayed because of a fbi probe. mostly being done to convince a few key swing votes that will make all the difference. but what will we learn from an fbi probe? and could brett kavanaugh's calendar end up corroborating

christine blasey ford's claim? will conformation of judge kavanaugh come at the expense of gop prospects in the midterm elections? and the strikingly different demeanors of kavanaugh and blasey ford says a lot about what society expects from men and women. and shouldn't that be a warning to today's teens about their own digital paper trails. but first i was able to watch or listen to every minute of thufrz's remarkable hearing. in fact i tweeted contemporaneously to share my thinking and record my thoughts before all the spin set in. you can access them. they serve as a round by round recap. about dr. ford i said gut check on opening statement.

straight forward and yes, credible. about judge kavanaugh, i said question is this what you think a man wrongly accused looks like? this far, yes. in other words i found them both to be credible but as an attorney i found the process to be lacking. too much grand standing, not enough search for the truth. i think it disgraceful that senators on both sides of the aisle weighed on on whether they believed one or the other before ever hearing them speak. it was not fair to the special prosecutor. it prevented her from establishing any kind of rhythm as to her can questioning and missing witnesses or as i tweeted if kavanaugh is confirmed, without calling mark

judge, then this is a kangaroo court. this is a story about three people. which is why i think the week ended with the right outcome, more investigation. no republican senator could have been with stood being asked by a constituent how they voted to confirm justice kavanaugh without at least first hearing from mark judge. senator jeff flake did the nation a favor. the fbi needs to interview the three other people dr. ford remembers being at inhouse party in 1982. that would include smith and kaiser. they don't corroborate dr. ford but nor do they exonerate judge kavanaugh. smith said he has no knowledge of the party in question and

kaiser has said she has no recollection of being at a party or gathering with or without ford. they may have nothing further, wut the investigation should not end until they've been thoroughly questioned by a neutral investigator. at least the allegation will have been thanded with the seriously. go to smerconish answer what impact will the new fbi sfregz? or twill voono impact joining me now, fuentas and gal yawno. james, what now takes place and

who carries out this probe? >> 28 years gou go i became a poelgs special oins ajt. and irn this instance and? fbi is a seat note. what are they going to do. a background check of judge kavanaugh. when they pras these for -- this is a special inkwry. so there's going to be head quarters and oversight. frors they're going to look into nine different things. character, asiegeiations, reputation, loyalty, ability, finances, potential biases, alcohol and drug use. they normally only go oas far back as their 18th birthday.

judge kavanaugh was 17 when the allegations took place. >> so much of the focus seems to be on judge kavanaugh and fact checking his testimony. does dr. ford also run some riskz in this process? >> she has bp because her credibility is essential. she can't recall where this took place or who was there or can't quite place all the facts that's going to be a major difficulty for her story going forward. whenner the fbi starts looking into her background, did she have a problem drinking too much or prumisc ws or what was she up to? if she's fwaen and at part waez

oel -- parties with older boy whose are drinking. that somebody might have known more about what occurred that evening. so there's a lot to her story that needs be verified and may not be able to be verified. >> no ability for a search warrant to be executed, no grand jury subpoena. if these witnesses choose not to participate, they've got the ability to do so. >> you're correct. now, congress has subpoena power. if they wanted to put him in front of the committee, they dood so. but the falkts being interviewed by fbi ajts, there's no comfunction they must farticipate in this. absence congress, they don't have much to go on spept they decline

stood comment. >> if i can add to that. >> yeah. go ahead. >> nobodies to the talk that fbi. flrs only stipulations are if they lie they can be prosecuted. but they can tell the fbi i don't want to talk to you and can't be compelled. so if the other names donot want to make statements to the fbi, that will be the end of that >> you a former assistant fbi director. you and i have had conversations about the harm that's been caused to the bureau because of all the political back and forth with thissed a min stragsz. who do you think is running this probe? because they're now household names where they wouldn't have been. >>. [ -- background investigations

are appointed by the white house. those with with judicial positions, all of them require background and who could do the background on is to be obtained by the white house. that would go norm theel white house attorney for their review. in this case you have one more step because ja senate committee in vauvled in this. but thuis is different than a criminal investigation and it would be to edetermine what needs to be done and how to go forward. >> final question for both of you. what's the likelihood this final process brings you to some clear conclusion? >> something occurs today, can

they do a reasonable vegz and i say absolutely because the maturation of forensic evidence harvesting. but to do this 36 years back when we didn't have the same foot print and cell phones and this is going to be dam daunting. i don't think they come up with anything, any related smoking gun that's going to make this a clear cut cases of she's accurate. >> where does it end? >> well, it may not. we could be just as far away from what happened a week from now as we are today. the fbi is guying be to asking questions that knew both individuals in high school and there are things that we don't see that moment. just for example, who would have

discussed all of ooothe suggestion and what he did at part paez and did he drink and pass out? and he made alkbalegations agai the senator. that's makes it difficult to avoid that topic now. what kind of drirng was going on. if there was one time he passed out and didn't remember it, that lends credibility to ford saying it happened whether she remembers or not. and on the other hand what is she doing hanging out with these guys drinking and she's 15 years old? >> go to my facebook page. i'll read responses throughout the course of the program. catherine, what are do ydo you ?

no, michael. one lide, one didn't. one wanted an fbi investigation and one didn't. you need get off the fence. i don't know in the end who's winning. i found beating oth of them to credible. she could be a victim of the sectsual assault and he wasn't the perpetrator. what i most ubjikt to is the members who weighed in before they heard any of the testimony. thatz rr pure partisanship. judge brett cavnaur rr provided notes on blrs meanwhile meanwhile (vo) this is not a video game.

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him of doing 36 years ago, he provided his detailed calendar from the era. but one of the dates might actually help her case. >> here's kavanaugh's calendar. dr. ford said that kavanaugh and judge and p.j. and at least one other boy were all at a house. you know brett kavanaugh was there because it's his schedule. and here's judge and here's pj. here are all those three name said boys and others at a house together just as she said. >> so this is one of the many loose ends, which is why democrats pushed for the fbi

investigation which is finally happing. five key questions before kavanaugh hearing left unanswered. let's scrutinize. i'm going to put back up on the screen the july 1 entry and break it town. it puts judge and p.j. there, right? but for example there's no reference to any girls having been present. >> it's a big problem for his testimony. it seems like his defense was going to be from his opening statement that he didn't drink on week days. yet he admitted that refers to brew ski, that is beer and since it was a thursday and some of the people attendsing were inl fact the people that she named. it would suggest that's a plausible candidate for when the attack might have taken place

>> what about there are no girls in there? and they're drinking but no reference to dr. ford no reference to any other girls, women at the time being present. >> according to the people -- and i believe one of the boys who was attending at the time, tom, the reason that dr. ford was there is because she auz dating the guy, chris barrett at that particular time. she refers to it as going out. and she was a periferal member of her friend fwrup. she was somebody that chris barrett brought along with him, not somebody he would have written on the calendar. an informal gathering in which the partner of one of the boys showed up. >> and again this is me trying

to be fair about the pras es. it wasn't referenced in her statement to the dianne feinstein and you withed think she would remember her former boyfriend having been present. >> that's absolutely true. and that's one thing the fbi really ought to find. and the event itself if somebody is sexually assaulted remains sharp. but the details surrounds thing event, those things get a little fuzzy. so even an important it tail like that, could have been erased because of the sharpness of the attack itself. it's impossible for me to say that's the date. i know it. i don't know that. nobody knows that.

but it's plausible and consistent with the evidence. >> and i'm sure you heard my opening segment. you would think item number one on the agenda list would be to identify who is timmy. i think we know who timmy is and try to establish how proxmal his residence was to the country club and i think they established timmy's uth mother owned or rented a house 11 miless away from the country club. is that close enough to meet dr. ford's description? >> whereby don't know. i grew up not far from the area in question. everyone drove around there and around that age. so 11 miles to nim's house. it's very flossable she have had

bebeen biechben to the party and it wouldn't have taken varlong. >> i like your focus in this box piece and i recommend people check it out. we've only covered one of of the open questions you identified. >> happy to be here as wails. twitter's exploding i'm told. "i'm still surprised at the lack of focus to the following devil's triangle, boof -- he said it was a drinking game similar to the quarters. i don't remember referring to it back in the day as devil pfsz triangle. thiz things will be nailed down by asking what was the colloquial meaning of booze. was it a beauty f because that's

what whereby heard his testimony or was it fine blapg, blank, blank because i learned all that. these are the sort of things whereby think we need to catch our breath and analyze. i wish i would take the whole hour and tell you what i think about this case today but time is in a rarity. the only reason to rush is it is you're a partisan reason because you're cool. and we're talking about someone for the next thaer third year sz going to have outside influence on our lives. >> let fact finders assist us and earn till then keep an open mind. answer this survey question. what will the new verksz what

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if brett kavanaugh is confirmed, the gop has won the long game because he'll be on the it bench for decades. the conservative group that's been sponsoring calls on his behalf turned it into a another one called fighting bhak. withdraw me from this process. you tried hard, giveten urall.

yourinated and good name tried to detroy against moy family will not drive me out. wulier never get me to quit, never. >> tell your senator confirm kavanaugh. joining me now is a spokesperson for the udilgs crisis network. there you go. do you wir worry that you'll losal battle and he gets confirmed but you have so eincensed him that it quill cause big blue wave. >> definitely not. exit polls showed wub out of if i ever voters said the reason they voted was because of the

supreme court and the president's power to nominate for vacancies and 58% voted for president donald trump and this is a nieks idea that if thafb rr been elected thinl first firm. we did poll ing thirds night tht showed the support was up after the hearing. joe mansion is going to have to decide if he wants the far left smarts smart swrn oesh his faurms, not just for senator mansion. >> can you agree hate the joem and what's the end result of the fbi probe? >> the result is that the democrats want delay, delay, delay and there's a complete

misunderstanding of the fbi's role. kaungs aught to is not for the fooib do a criminal investigation. the unit yugsishiary committee. like all the witness withes that dr. ford mentioned. he said this party did not happen. they're under the same obligation with with those statements. >> wait a minute. you're telling me essentially you will not accept the outcome of the fbi probe. i know they don't come can to a finding but if in fact they show something that corroborates dr. ford's account, if there's some finding problematic for judge yafb gnaw?

>> it's less about the credibility of dr. ford than ---ing. >> how do you know what the facts are? >> we have had so many swarn statements as corroborating swnss. all of them say more than no recollection with this. dr. ford doesn't know when it happened. so any fair minded independent person can look at the facts and evidence in this case and understand it does not substanshiate dr. ford's claim. if that makes senator flake more comfortable, if that makes them more comfortable, that's great. but -- there's not going to be more evidence revealed. >> and there might not be. i said i don't anticipate it

gets brought to a clear conclusion, butch foreman rr sitting here with with an open mind because inthere's rr something throughout, we should be aibl willing tosic aept it. frrgs dr. ford's claim was there were three people in that room. how in the world can the senate make a judgment? without knowing in full what judges to the say because he was the third person present and before you tell me about what he gave to a lawyer. let's hear what he's got to say. wouldn't you agree? you want to know? >> dr. ford gave many contradictory accounts about how many people were there. we will never know. >> in the room. there were two men present. >> correct. that's what she said -- this

cannot be underscored enough. both of those men deny that happened. judge kavanaugh said 100% certainty and you have to hold that in light of niz tire record. there are hundreds of women who went on the record, even in this hostile environment of threats and said this is completely out-his character. women from high school, college, when he worked in the bush administration, when he's been a judge for 12 years on essentially what is the second highest courts of the land. >> i understand. respectfully i'm making a specific point. mr. judge may or may not have witnessed a sexual assault. i think he needs to be questioned. my gautd in a court room, let's meet the man, find out what he

says. >> he agreed to cooperate but it's so many this is treated like a legal process and sometimes it's not. so giver judge kavanaugh the presumption of innocence and not guilt. >> i think it's fair. i want to treat it more like a legal process. i found it appalling what are i witnessed. senators being fwigiven four minutes and use ting to grand stand instead of to ask probing questions on both of them. >> we fwragree on that. >> do we have time for a tweet? up ahead judge kavanaugher showed a clear gender divide. plus when it comes to the current news seekal. cycle.

the timing for tonight's snl season premier couldn't be clearer. will they take on brett kavanaugh as they have clarence taums. >> there are that you talked graphically with her about porno movies. is that true? >> yes, it is. >> and did that work? did it break the ice? >> no, senator. it actually offended her

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this week's kavanaugh/ford hearing. while kavanaugh frequently interrupted his question airs, ford took a soft spoken accommodating approach >> i'm here today not because i want to be. i'm tirified. i iumler here because i believe it's my stiffic duty. al the constitution gives the senate an important role in the conformation process. but you have replaced advice and consent with search and destroy. >> at the end of the day both were praised as effective and convince ig. but the same have been true if

their tones were reversed? professor, what if the demeanor had been reversed. what would we be saying today? >> that this is an angry woman. we don't believe her. maybe she's hysterical, maybe she's a [ bleep] and we would probably be listening differently to kavanaugh as well because we see his emotions ooze being indicative of a terrible situation. so anger for women and situational anger for men. >> he was more prone toward tears. i was thinking if that had been the reverse, we'd have different outcomes as well. >> we're use tootd women frying more than men and for men requires so ehere that we may

more attention squr we believe hairer rr rirperiencing in a strong emotion, especially whether he's a letterer. >> i said i found his anger appr appropriate. how would i expect someone wrongly accused to react? i would expect them to be angry. how did you see his arrange in particular? >> there are different types of anger. so what research says is when men get angry, we find them more credible, confident. it's kpaktsly the opposite for women. and kavanaugh's anger wasn't just like lindsey graham but he

was accusatory and finger pointing. soi so if anger for men is effective, was his type of anger effective in the way he wanted it to be? one thingee did do well i thault. he was careful not to afrack defending himself against having attacked her, that would withant have worked well. he was attacking the democrats and using a common energy strategy to the group who's aup probably going to vote himg in. >> can i show the interaction. >> you're saying there's never been a case where you drank so much that you didn't remember what happened the night before or part of what happened? >> i don't know have you? >> could you answer the question, judge.

that's not happened? is that your answer? >> i'm curious if you have. >> swrb no drinking problem, judge. >> whereby thought that was over the line. to be fair he apologized when they came back from break. what was the impact of that exchange? >> this was a really important exchange because what determines how we feel about the high school incident, if it happened, should effect his supreme court nomination is do we frame it as a bad choice in high school which we can all relate to or abuse of power and what he showed was definitely disrespect for women. so is he still that person he potentially was in high school? >> thank you, professor chance. what impact will the new fbi

investigation have on judge kavanaugh's nomination? go do that now. and the accusations involve digging up 36-year-old calendars and yearbook pages. today's teens are leaving much more of a digital foot print. your brain changes as you get older. but prevagen helps your brain with an ingredient originally discovered... in jellyfish. in clinical trials, prevagen has been shown to improve short-term memory. prevagen. healthier brain. better life.

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the diner staffed up 'cause they all needed lunch. teachers... doctors... jobs grew a bunch. what started with one job spread all around. because each job in energy creates many more in this town. energy lives here. california had the worst wildfire season on record. scientists say, our weather is becoming more extreme and we all have to be better prepared. that's why pg&e is adopting new and additional safety precautions to help us monitor and respond to dangerous weather. hi, i'm allison bagley, a meteorologist with pg&e's community wildfire safety program. we're working now, to enhance our weather forecasting capabilities, building a network of new weather stations to identify when and where

extreme wildfire conditions may occur, so we can respond faster and better. we're installing cutting edge technology to provide real-time mapping and tracking of weather patterns. and we use this information in partnership with first responders and california's emergency response systems. to learn more about the community wildfire safety program and how you can help keep your home and community safe, visit pge.com/wildfiresafety regardless of whom you believe, there are many lessons to be learned from the brou-ha-ha over brett kavanaugh's behavior, the most important of which is that young and old men need always to treat women with dignity and respect. but we should also be cautioning our kids that this type of

dispute is going to play out much differently in the future. consider that kavanaugh's 1983 yearbook page from georgetown preparatory school is subject to great scrutiny, notwithstanding that it contains just five photographs, four if you don't count the formal portrait picture, three if you discount one taken of him as an infant. remaining is a beach shot with three buddies, another showing him playing basketball, and the final captures him on the football field. whatever he and his friends might have preserved that didn't make the yearbook photographic cut was probably filmed on a kodak pocket instamatic, as long as somebody sat in the drive through line at photomat. hence, we are left parsing the meaning of entries like 100 kegs or bust. i survived the fffff fourth of july. and beach week ralph club. try explaining that to our kids,

should such allegations surface in the future about somebody now in high school or college, visual documentation will include digital images saved on iphones, and things posted on facebook, instagram and snapchat. there won't be that one picture of a party that somebody held onto all through the years. there will be multiple versions saved across a variety of platforms. who was there? what was the mood? what occurred? all be preserved which is good and bad. and it won't just be visual. some mock kavanaugh for keeping a calendar from 1982, looks like a give away from northwestern mutual autobahn society which has handwritten notations for the prom, parties, a father son dinner, weightlifting, college interviews, beach week and rocky 3, to name a few. even a few that reveal he was grounded. but many dates are left blank, and that too will be left different in the future.

not only do smart phones double as calendars, but the ability to cross reference information sources to determine whereabouts and behavior have grown exponentially. our smart phones keep track of everywhere we go, who we talk to, even what we are thinking based online comments, posts and searches. so if this weekend there's a maryland high school drinking party or a drinking game played at a yale dormitory that in the future becomes the focus of national debate, the matter won't be vaulted based on yearbook entries, smudged calendars, and faded memories, it will be scrutinized against the backdrop of uber maps, cell phone triangulation, contemporaneous texts, tweets, and paypal receipts. in the age of digital technology, teach your children well. still to come, your best and worst tweets and facebook comments. and the final results of this survey question at smerconish.com.

what will the impact be of the new fbi investigation on judge kavanaugh's nomination?

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it will hurt. 22% say none. 12% say it will help. fascinating. i will leave the question up for the remainder of the day. what else are you thinking. give me some of the social media that's come in during the course of the program. watching your show and surprised you let that guest say why was dr. ford at a party at 15 with drinking, blaming the victim again? that was disgusting and even more that you didn't say anything. grandma, it's hard. you're right. let me start this way. if i were on top of my game, i would have pushed back on that, it certainly doesn't represent my view. i would be a hypocrite, having attended many parties back in the day, not thinking less of any of the women there drinking with us. visit my instagram page now, you can see my high school writeup, and it refers to drinking. but it is hard within the time constraints of a show and guests to always be able to confront everything. but that was an odd statement. i agree with you. give me another one.

what amazes me is that the women are harder on dr. ford than the men are. valerie jarrett fitzgerald, it is something i always noted with the juries i was picking. women can be very circumspect with regard to other women. don't think it will be a gender lineup as to who we believe. see you next week. it is saturday, september 29th. i hope it is treating you well. i am christi paul. >> i am victor blackwell. top stories, the confirmation of brett kavanaugh, she is not refuting the allegation but doesn't remember it either. and a devastating tsunami. more than 380 people died after an earthquake triggered giant waves that crashed down on beaches in indonesia. compromised. mark zuckerberg among 90 million