trading, other aspects. liz: yeah. >> goldman is -- liz: we've got to run. we're hearing the closing bell. closing bell rings] we'll put all the picks up on facebook.com/lizclaman. triple-digit gain for the dow jones industrials. melissa: there you go. global intentions can not stop a booming economy at home. investors focused on strong earnings season. the dow ending up 141 points. near the session highs. s&p 500 higher. nasdaq turns negative for final hour of trading. looks like we'll close in the green there. time from melissa francis. david: david: hoorah. i'm david asman. this is "after the bell." here is what we're covering for you in a very busy hour. putting pressure on the allies. president trump landing in brussels, belgium moments ago, ahead of two day nato summit. expected to be contentious as

the president demands members stop taking advantage of the u.s. and start paying their fair share. we'll take you there live. back home trump's pick to fill the supreme court vacancy brett kavanaugh on capitol hill, meeting with key lawmakers as the fight over his confirmmation heats up. republican senator, orrin hatch, the dean of the senate, has been part of 14 supreme court nominations. he is confident kavanaugh will be confirmed. he is here to tell us why. answer to prayers around the world. the miracle in thailand. 12 boys and their coach were rescued from their flooded cave, where they were trapped 18 days. the latest details on the story that captivated the world. melissa: the dow closing in positive territory for the fourth session in a row. in its longest winning streak? four weeks. nicole petallides on the floor of the new york stock exchange. nicole, talk to me about today's trade? >> we had really busy last half

hour, there is no doubt. the dow finishes up 142 points. we had back-to-back triple-digit gains. we haven't seen that in five weeks. closed up 1/3 of 1%. focus on earnings and economy, not looking at trade wars or even the supreme court nominee. in fact they're looking at optimistic -- one trader, tim anderson, sending me all the details on the consumer credit report. people are spending. reinforces optimism about the economy, wage growth, even take-home pay. gdp will come in 4% or more in the second quarter, 4 to four 1/2 were his exact words. take a look, russell, new high, but snaps a, snap as winning streak. look at leaders on the dow jones industrial average. visa, all-time high. united health, all-time high. so this is first time we're seeing these dow components this

month hitting all-time highs. as i mentioned, i wanted to also get to google. now google, late in the day here, last half hour, had very had very heavy trading volatility. it came back and sold off, i won't say $10, maybe six dollars. so had a lot of volatility on the day. all of this because european union antitrust division preparing another multibillion dollar fine against google's parent company, alphabet. look at pepsico. look at pepsico. it led today. it beat, beverage sales are week over last four quarters. they moved into the sparkling water and grabbing market share. it jumped five bucks. good news there. last but not least, couric dr. pepper. this is couric green mountain, made with dr. pepper. this is the first day it traded. kdp is the ticker symbol.

i checked late, it was 10%. i don't see the final number. but it was a leader today. back to you. melissa: thank you. david: love my dr. pepper. bring in today's market panel. gary kaltbaum, kaltbaum capital management. james freeman, "wall street journal." both of whom fox news contributors. gary, i think the market may look at the supreme court pick. we know that this will yet be another very pro-business or pro-individual rights which translates to pro-business person on the supreme court. a lost decisions coming his way. maybe that is one reason markets are are up? >> since the election, two words, business-friendly. for eight years we did not have business-friendly. i think that could be part of the equation. this is a market ththat's been teflon. all we had was five to six-month correction after gargantuan run into january. i don't know if we're off to the

races here but definitely the tone is better. i watch certain groups carefully. financials put in a good low, the semiconductors another important group, they're starting to roll again. think we're in pretty good shape entering earnings season. david: james, you don't fight the tape. even president trump as he was flying to europe he tweeted out something about how europe's budget deficit with the united states is going up even more. that we are suffering a budget deficit. the market doesn't seem to care even if antitrade tweets coming out this james, are you there? no, i guess we don't have james freeman. gary, throw that to you. go ahead. >> you get me. look, all i can tell you is, we keep using trade wars. to me it is a trade tiff. the numbers are small compared to china. david: sometimes the things have

tendency to spiral. it happened in the 30s. it could happen again. >> if it escalates, trump talks about 200 billion, 300 billion. if we start to really see, not talk butting a actuality of it, i promise markets take a haircut. farmers are taking a hit on individual basis based on what we're seeing. hopefully we get past this but looks like we're here for the duration. david: thanks, gary. melissa: airport one down in brussels is as president criticizes the nato allies and defense spending habits. blake burman live in brussels. blake, what can we expect from the president during his trip? reporter: good evening to you from brussels. president trump is down here about an hour. it will be quiet newt for the president. no public events on his asked you. if today was forecast, you can expect fireworks tomorrow when president trump heads to nato headquarters.

the president tweeted as he was landing here to europe, minutes beforehand, following, writing quote, the european union makes it impossible for farmers, workers, and companies to do bus in europe. u.s. has a $150 trade deficit and they want us to happily defend them through nato, nicely pay for it, just doesn't work! that was part of the message from the president minutes before he touched down here. as he was leaving the white house today both on camera and on twitter he was reiterating that very same message as it relates to the eu and nato. one top leader here in europe did not sit by idle. watch here. >> we're being taken advantage of by the european union. we lost $151 billion last year on trade. on top of that we spend at least 70% for nato. >> the america, appreciate your allies, after all you don't have that many.

reporter: after all you don't have very many allies, donald tusk, one of the top leaders of the european council. tusk tried to make the argument, that the nato member nations contribute more than russia, contribute as much as china. but the president we've seen this for months and months and months. hey, too many of these countries do not pay up the 2% gdp for defense spending like they should. that is the message he is bringing here to europe he is already on the ground in that meeting tomorrow. melissa: blake, i like the voice you did when he read the tweet. we have our own trump voice when we read the tweets. yours is very official. reporter: if there is something to it, we've been up all day. melissa: with all have our voice for the tweets, thank you, blake burman. gary, back to react to all of this. apparently we don't have very many friends, or allies. >> sure. melissa: and also, somebody else

is making case earlier to me, that if we get into trouble right now, nobody will help us out, they are all mad at us. do you believe any of these things? >> not a lick. that is bunch of rhetoric, from the left, that everybody hates us now. they loved us under obama. that is the nature of the beast. i will not defend trump on tariffs. i do not like tariffs. i defend them on numbers. past presidents did absolutely nothing about bad deals and lack of spending on defense by other countries. somebody comes along, looks at balancing the books on this, i don't mind it one bit. of course the other countries will not be happy because they have to write a little bit more of a check. i have absolutely no problem what he is doing. i applaud him for it. melissa: love the guy that lets you raid his locker, eat his lunch. >> absolutely. melissa: everything he is got, he is a great guy. i mean it is easy to like the guy but the truth is they stand out there, say things, then they

have stepped up spending and we're still spending way, way disproportionately more even given our size. >> watch what happens. they will start spending more around the world. you're going to hear harsh rhetoric, we're bad, trump this, trump that. when all said and done the dollars will talk. we are head honchos, top dog, big cheese as far as the economy. we'll have to kowtow a little bit to us. by the way he is not asking much. he wants equal and fair share. nothing wrong with that. melissa: does it make you better or worse for our economy and stock market, when he is out there kicking these guys, putting them in line? >> on the tariff side i hate it. there is nothing i like about it because tariffs ultimately are a cost of business for the consumer. for eight years i complained about the obama, with uncertainty and tariffs caused a lot of uncertainty. if we can get past that, if we can find a happy place i think

it will be great, great news. about something like this will be done. melissa: fingers crossed for the happy place. see you in the happy place. david: i worry about people that try to be as snarky as donald trump. it never seems to work out that well in the end. melissa: yeah. david: former fbi lawyer lisa page expected to face tough questioning behind closed doors tomorrow as two house committees grill her for answers on start of the russia probe and anti-trump bias at fbi. louie gohmert will be part of the questions. what happens if the witness doesn't show up? that is coming up. melissa: president's supreme court pick facing uphill battle in the senate. republicans can not afford any defections. democratic leaders vowing to do what it takes to block his nomination. republican senator orrin hatch sounds off. he is next. >> this was in some cases quite literally a fill in the blank opposition. they wrote statements of opposition only to fill in the

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david: video from paris moments ago following their nation's win over belgium, 1-0. love those high-scoring games. melissa: look at that! david: in the world cup finals. france is set to play the winner of the croatia-england match. melissa: i thought belgium would win the whole thing. david: you know more than i do. i love celebrations in france. >> that is amazing. look at all the fire. that must be unsafe. regardless. confirmation fight is underway. battle lines drawn in the senate as supreme court fight fence judge brett kavanaugh is underway.

fox business's edward lawrence is live in d.c. reporter: i picked france to win the whole thing before the world cup started. we'll see what happens in the next game. as far as the supreme court nomination, the nominee goes, this is political version of speed dating. judge brett kavanaugh walked around the senate with vice president mike pence. republicans almost all of them are on board. there is little margin for error. that is when the vote happens. there will be 50 republicans in the senate and 49 democrats. >> pretty clear significant number of democratic senators didn't care the nominee was at all. whoever president trump set up is they are opposed to. you have individual with extraordinary credentials, we'll see what kind of argument they make against his qualifications. reporter: republicans have possible no votes from senator lisa murkowski and senator susan collins. senator rand paul has not indicated which way he would vote. republicans may pick up democrat

defectors, specifically from democrats in red states up for re-election. we're talking about senator joe manchin, senator heidi heitkamp. senator joe donnelly. they are not a hard no on this. we may be able to add to the list, senator jon tester in montana who is in very tight race. >> i don't feel pressure for or against him either way. we'll take the time we need to get as much history from him as we can. once we get to a point where we think it is appropriate to get him in the office we will. hopefully sooner rather than later. reporter: the white house told republicans senators they would like the confirmation wrapped up by october 1st. that is when the supreme court goes back into session. it is 82 days from now. it is not unheard of. two of the last three justices, judge sotomayor and judge gorsuch were confirmed within 66

days if the votes are there. senator -- vice president mike pence will meet senator die nan feinstein. chuck grassley is the chairman of committee. next step for the nomination. senator feinstein, ranking member. melissa. melissa: edward, thank you. david: a man who has been through more supreme court senate nominations more than anyone we know of, senator orrin hatch, senate finance committee chairman, basically the dean of the senate, senator. this will be 15th nomination hearing. someone told me you participated in the confirmmation of every justice in the supreme court s that true? >> that's true. david: i imagine the process changed from the first confirmation hearings, those seemed a lot more civilized. >> they were a lot more civilized.

it is a big political war where everybody comes up. i feel badly about that. david: thinking where it all started. i think of robert bork, that famous phrase you've been borked, that you were tweeted unfairly by whoever questioned you. clarence thomas sticks out in my memory. my wife and i recently had been married, he went through, we sat in awe at the confirmation hearing, he fought back. he did so successfully, while still on the supreme court. let's play a little of the sound bite for those that may have forgotten. >> this is circus. this is national disgrace. and from my standpoint, as a black american, as far as i'm concerned, it is a high-tech lynching for uppity blacks who in any way dane to think for themselves, to do for themselves, to have different ideas, and it is a message that unless you kowtow to an old

order, this is what will happen to you. david: of course the race element is not there with kavanaugh but i'm wondering if it could get as hot as it did with justice thomas? >> i hope not. kavanaugh is excellent person. he is very, very good lawyer. a very, very good judge. he has a 12-year record on the second highest court in the nation, the d.c. circuit court of appeals. i mean there is no real reason to be against him but, i hate to say it, but, democrat friend seem to want to make everyone of these battles cause celebre. i hope that they get off that kick, do what they should, confirm this really good man i think will be terrific, terrific judge on the d.c. circuit court of appeals. david: i don't think they have gotten off their high hours, senator. terry mcauliffe, big dnc chief, used to be governor of virginia, used to be advisor to president clinton, he wrote out a tweet, saying nomination of

judge brett kavanaugh will threaten the lives of millions of americans for decades. threaten the lives of millions. i mean if that is not hyperbole, i don't know what is. >> that is ridiculous. beneath dignity of anybody serving up here to use that kind of language, especially with brett kavanaugh who is really a very, very competent lawyer. lots of experience. totally honest. somebody we can rely on, and somebody who i think will make a very, very good supreme court justice. david: by the way to the point of his honesty, we got word from market watch, that the detailed analysis how much money he has, he doesn't have a lot of money. he would be the poorest justice sitting in the supreme court. >> no. david: if somebody with those contacts he has, been in washington his whole life is not rich, he is one of two things. he is either dumb which obviously kavanaugh is not or extraordinarily honest. which apparently judge kavanaugh

is. with all the stuff against him though, as i mentioned with mcauliffe, they're lining up as we speak, to to bork him, cae win? >> i think he can. democrats are playing politics on these judges and they shouldn't do that. i don't want to see republicans get to do the things they're doing to our judges and, you know, there is a lot of infighting with regard to judges in the united states senate and i think it's a terrible disgrace between you and me. david: senator, you will meet with him tomorrow. what will you be telling him? >> i already met with him. i already had, i've known him. i helped with his original confirmation, you know, and he has done a very, very good job. i will work with him. i will answer any questions that he has. i i will make suggestions how he handle this.

i don't think he will need suggestions. he is very competent guy. he is decent, honorable guy, i think he has to get that across. the american people will get pretty irritated with the democrats play politics with a man nice as this man. david: 15 confirmation. it may not be your last, senator. there could be another one. >> i think there will be another one. we'll just have to see. but, this man deserves to be confirmed. i don't think anybody, any honest, decent, person observing this scene would conclude otherwise. and, certainly he deserves a chance to be heard and i'm hoping that my democrat colleagues will get off their kicks and let's start getting back where we were before when decent people were able to have a really good hearing and be supported by both sides. i would like to see that happen again. david: senator orrin hatch, great to see you, senator. >> nice to see you. david: appreciate it. melissa: miraculous entry, very dangerous operation. we have latest on the thai mission that saved an entire

soccer team. plus president trump making a surprising statement about his trip abroad and his upcoming meeting with russia's vladmir putin. we'll tell you what he is saying after the break. ♪

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melissa: big week for president trump, just arriving in brussels ahead what is expected to be a contentious nato summit. also on this seven-day european trip, he will meet with british prime minister theresa may and russian president vladmir putin. here is what he had to say before leaving this morning. >> though i have nato, i have the uk, which is in somewhat turmoil, and i have putin. frankly putin may be the easiest of it all, who would think. who would think? melissa: retired army lieutenant colonel daniel davis is with me now. how do you interpret that comment? is he being sarcastic? is he frustrated with the

allies? what is your take? >> he is definitely being sarcastic. definitely european -- great britain is in a lot of political turmoil. everybody in nate though is upset by president trump's requirement they shoulder their fair share. it gets to a bigger point this is a really important mission for the president this week and he has got some really important stops along the way. talks some depth, diplomacy. it will take kind of having a hard-line to keep american interests at at forefront in evy one of those conversations. melissa: let's start with nato. what is the tough conversation he has to have there? >> across the board many nato leaders, president of the european union, several others are basically taking umbrage that president trump is daring to to suggest they need to step up to the obligations in terms of the 2% mark in nato. but you know, we've been talking

about this for decades now. we've been, you know, using diplomacy. we've been trying to be nice about it. they have been encouraging them, yet nothing ever changes. that might be one of the things that distinguishes president trump from others he is willing to say, look, no kidding, time to meet the obligations you agreed several times over the years at least 2014. nothing has changed. it is time to say the situation is not like in 1950. this is a different situation. time for wealthy european allies to step up to the plate. melissa: somebody told me earlier today on the democratic side, the way he is going about it is all wrong. he is insulting our allies. they will not step up and help us next time if he keep this is up. what is your response to that? >> there are some ways i wish he would be delivering the message a little more delicately but, you know president trump is a little bit rough and he is a

disruptive figure but bottom line is, substance of what he is saying is spot-on. frankly we've been doing it the right way and nice way, look, nato has not followed up and done what they're supposed to. it is time for somebody to hold them their feet to the fire, no, really time for you to do what you said. melissa: then on the flipside, the other complaint he is being nicer to russia than he is being to our nato allies, and democrats are jumping all over him he doesn't call out russia publicly enough. what do you think of that? >> maybe there is some room for him to be a little more aggressive calling them out. but again, i would go back to say he is doing things differently than they have done in the past. too many times people don't want to talk to russia. again they're using these kid gloves things, that is not helping our interests. i think he is willing to push in areas as secretary of state mike pompeo said about 10 days ago, push in our interests where they

are not aligned with theirs. when they are aligned, like anti-isis operations in syria, we're looking for common cause. we need to limit the difficulties with our nuclear adversary. it makes sense for to us do that. it doesn't help anybody for to us keep adversarial relationship with russia. melissa: thank you, colonel. we appreciate your time today. >> always my pleasure. thanks for having me. david: we pray this would happen but a lot of people didn't expect it, a very happy ending, at last all 12 boys and their soccer coach have been rescued from the flooded cave in thailand after being trapped more than two weeks. they're all recovering in the hospital. members of the soccer team were given antianxiety pills before making the daring journey out of the cave. the reason that happens is, if you're afraid, your body swells. you take in more oxygen, your muscles get tense, your body swells, can't squeeze in and out of same places.

>> if you panic, you will hyperventilate. >> it ain't good. thank god. melissa: making the case for kavanaugh. why our next guest says trump's nominee is home run, great pick for constitutional government. tom fitton, "judicial watch" is next. david: democrats will fight back against judge kavanaugh? can they block the supreme court pick? senator dach senator john thune coming up. and our nation's veterans. we knew helping our communities was important then. and we know it's even more important today. so we're stepping up to volunteer more and donate over a million dollars every day. so our communities can be even stronger. it's a new day at wells fargo. but it's a lot like our first day. metastatic breast cancer is relentless,

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melissa: strong responses pouring in for the president's pick for supreme court. judicial watch president tom fitton reads a statement that this nomination is victory for constitutional government and a proto politicized decision making on supreme court. we have too many politicians in d.c. don't need anymore on the supreme court. tom fitton joins me now. do you think he was the best pick on that list in terms of limiting law making to people who are voted into office to actually being lawmakers? >> well i think it would be tough to distinguish him from the other jurists on the list in terms of excellence. they're all great. i think justice, judge kavanaugh is one of the most conservative jurists in the country, committed to applying the constitution as it is written, which is apolitical way of decision making. i think you have too many judges not only on the supreme court but nationally who want to

impose their will. they have good ideas, and they disagree with policies and laws and decisions and substitute their will for applying the rule of law. this is not something that judge kavanaugh is willing to do. both conservatives and liberals can trust he will call them as he seize them as opposed to put his thumb on the scales to vindicate personal policy preferences which is the worst thing a judge could be doing. melissa: so, so far the complaints, there are some from libertarians who say that, you know, he has placed the nsa and rulings in a special position. to listen to people as long as it is not used in court, and our own judge napolitano, also rand paul not loving that about him. what is your take on that? >> well you know, i'm not a big fan of the nsa program but it's legal. it was passed by congress. it, it's, it is in line with the

tradition of the courts in allowing certain data about people kept by third parties to be collected by the government. looks like the high court may constrain that in the future. but you know, judge kavanaugh is constrained by court precedent and we don't want judicial activists who are either conservative or liberal overturning massive government programs because they find them distasteful. melissa: the left is claiming that thousands of women's lives are in jeopardy. that, you know, lots of people are going to die as a result of this pick. >> that is crazy talk. that is crazy talk. the left is going to lose this nomination. the question is how far will they go to embarass themselves in hyperbole to oppose judge kavanaugh. it is really sad to see. it is not surprising given the kind of craziness going on over the last year but the left would

oppose vociferously anyone appointed by or nominated by president trump. let's hope the senate, cooler head prevail in the sense, at least a few democrats cross over to the other side to support judge kavanaugh. he will get confirmed by the senate. a lot of with we'll see over the next few months is bit of theater with senate democrats trying to appeal to their base. republicans will stick together, vote for and approve him. melissa: we'll see. tom fitton. thanks for your time. >> you're welcome. david, anti-trump officials facing the hot seat on capitol hill. lisa page is expected to meet behind closed doors tomorrow. she might be getting a case of cold feet. louie gohmert is one of the congressman set to question page. he will let us know his number one question for her and what will happen if she doesn't show up. >> we need to find out the context of what she is saying.

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fisher investments fees are structured so we do better when you do better. maybe that's why most of our clients come from other money managers. fisher investments. clearly better money management. david: lisa page, peter strzok are due on capitol hill to answer questions in the beginning of the russia probe and anti-trump bias at fbi but could they be a no-show? the president tweeting i am on air force one flying to that's to that hear report that the fbi lovers, lisa page and david strzok are getting cold feet. total disgrace. here now is republican congressman louie gohmert from texas. member of the house judiciary committee. congressman, what happens if they're no-shows? >> if they're no-shows, we need to keep doing digging. we need answers and you know, it

makes sense, if you have not been truthful when you have testified, you may have cold feet about testifying again. not compound any lies you might have told because those are crimes. but they -- david: would they be committing a crime if they were no-shows despite a subpoena? >> that's not necessarily a crime but we would have to go to court and get a court to force the issue normally the way i understand it. same way with finding someone in contempt like we found eric holder in contempt. david: that didn't seem to move him one way or another. >> because he knew that to enforce it we had to go to a d.c. court and have a u.s. attorney that answered to him proceed and there are ways around it. david: yeah. >> but it would have been very difficult. so, i personally speaker boehner

held a vote to hold him in contempt once we found out it wouldn't go anywhere once we voted. we need to take action, so people in that administration, would understand you can't keep obfuscating and obstructing justice that when you are in the justice department. david: there has been a lot of that going on. >> yes, there has. david: i want to focus i can on the question. >> sure. go ahead. david: but the real question is whether or not the clear anti-trump bias did affect their actions, lisa page and peter strzok. peter strzok was much more important than lisa page. >> absolutely. david: we heard general flynn in the news again. he was one of the people interrogating general flynn. >> that's right. did it specifically affect their actions? >> there is absolutely no question that it did. and for horowitz -- david: how, in what way specifically? >> for one specific, out of many, first of all when you're

pushed, putting together a criminal case, i've done that before as prosecutor, you don't have people normally say i intend to commit this criminal act but you can take the things they do say, look at what they did and see he ah-ha, they did exactly what they said they were going so do, wanted to do, therefore they did have intent to do the act. david: one of the things, one of the things at least peter strzok did he moved the investigation at a critical moment. >> exactly. zeroed in -- david: moved the investigation to the russia investigation when he could have gotten more juice out of the hillary thing. was that done because of political bias? >> exactly, david. if you look what horowitz said. he said he wasn't really sure or comfortable that they could say, with confidence, that the bias did not affect his decision to

go immediately from stopping the hillary clinton investigation over to investigating donald trump. i mean, for heaven's sakes, how ignorant do you have to be not to put those two things together. the bias was consistent with everything that ended up happening. there is nothing that happened that they created, that they did was not totally consistent with their bias. david: right. >> therefore you have intent proved. it is pretty basic. david: congressman, we have to go but i have to ask, still on the payroll as far as i understand it. are you going to try to take them off the payroll? >> we have to move to do that. you can't keep paying people to refuse to do their job, to refuse to come forth and testify, to refuse to produce evidence. you have got to be off the payroll if that is your position. you need to be waiting in the wings, waiting to testify before a grand jury. david: congressman louie gohmert, thank you so much, sir. >> thanks, david. melissa: supreme battle raging

on capitol hill. the confirmation fight for brett kavanaugh, less than 24 hours old, tempers are reaching a boiling point. senator john thune, third highest ranking senator in the senate sounds off on the fate of the supremes. "we got married" like a 12 ounce piece of scrap metal. yo! we got married! honk if you like joint assets. now you're so busy soaking up all this attention, you don't see the car in front of you. and if i can crash your "perfect day", imagine what i can do to the rest of 'em. so get allstate, and be better protected from mayhem. like me.

melissa: setting the stage for a confirmation fight, the showdown over judge brett kavanaugh's nomination is heating up as some senate democrats vow to block president trump's supreme court pick. >> judge kavanaugh, you should not be serving in this building as a supreme court justice. >> his views are outside the mainstream and there is every reason to believe he would overturn roe. >> now is the time to demand a

justice who will protect our health care. not strike it down. now is the time to fight. melissa: here is south dakota senator john thune, senate republican conference chairman. sir, i would ask you, what does the vote count look like right now? do republicans have the votes to get this done? >> a little early to say, melissa. we hope we will. we expect we will but it is a process. this is the beginning of the process. our members want a chance to sit down with judge kavanaugh, ask him some questions, listen to hearings at judiciary committee and eventually debate on the senate floor. i think in the end this is a nominee who has potential to really unify republicans, hopefully attract democrats as well. melissa: if you had to summarize what were concerns coming from the republican group, what would you say they are, what questions might they ask? >> i think republicans will be interested in judicial

philosophy, temperment, writings, had series of rulings, written 3300 or so rulings on the d.c. circuit. that is the busiest court in the country. a lot of members will want to examine those to see what his judicial philosophy is. isn't judge who will pay deference to executive branch or administrative agency actions or somebody who will follow the law or the constitution? obviously most of our republican senators side with a jurist, somebody who literally is going to apply the law and constitution in a fair, even-handed manner and not try to, you know, to make policy or to legislate from the bench, or allow executive branch agencies too much authority, power congress should be using. >> seems like people who looked at his record. he doesn't defer to the bureaucracy. that is one of the things we like about him.

we had rand paul's picture up, in the case of the nsa he has been more lenient how the court looks at what the nsa is doing, and their powers. does that give you pause? do you think that will be one of the questions? >> i'm sure it will be a question, that is a issue senator paul typically asks of judges or nominees that come before congress. it will be important to him, perhaps to other senators as well but again, these are, these are the reasons why you have this process. this is why you have the documents prepared, you look at all the opinions, you look at his writings, you determine from his record whether he possesses the judicial philosophy and exercises the kind of temperment that most of us want to see on the court, somebody who calls balls and strikes. somebody who doesn't try to step on the scales, take side or achieve a certain outcome, political outcome. somebody literally who is there to be an impartial judge and that is what i think most of our members are looking at. these issues with administrative

agencies i'm sure will come up. melissa: have you had a chance to talk to him yourself? >> i have not. i expect he is making the rounds right now. i'm sure i will meet about him. i look forward to that. melissa: can you give us a hint how you would phrase your question? >> i would think i would be interested in knowing along the lines of what the way i just said, in terms how does he view the role of the courts relative to the executive branch and agencies that issue regulations? is he going to be deferential to them or is he going to instead apply the law and constitution? i think that to me is a way that will approach this. i'm interested in hearing from him, directly from his mouth, what his judicial philosophy is. what does he the role of a judge. melissa: i'm sure conspiracy theories, that this is president trump's get-out-of-jail-free card, deferential to the executive branch. will you ask that question or do

you think that is a conspiracy theory? >> my understanding is that opinion or that, at least writing came in 2009 when president obama was in the white house. the democrats are becoming very theatrical about this nomination as we expected them to be but honestly that is an issue that i don't believe anybody is going to take very seriously. melissa: senator thune, thank you for joining us. we appreciate it. we've got to run. >> thanks, melissa. melissa: we'll be right back. your mornings were made for better things than psoriatic arthritis. as you and your rheumatologist consider treatments, ask if xeljanz xr is right for you. ... swelling, and significantly improve physical function. xeljanz xr can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections,

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melissa: ihop is back, that's pancakes you'll never believe this but the international house of burgers guess what was merely a publicity stunt. david: the restaurant tweeting out we're giving away $0.60 short stacks good for the 60th birthday. that's right i hop we never turned our back on pancakes

except for that time we faked it to promote our new burger. i don't buy the fake promotion. melissa: no they were teasing and they sold a bunch more burgers so good for them capitalism is alive and well. david: it works that does it for us. evening edit starts right now. >> i look forward to the senate 's fair consideration of this most impressive combination >> i think his record speaks for itself. >> nothing stands out right now he's a solid pick. >> i'm going to fight this nomination with everything i've got. >> why would democrats in those red states sort of go on the political suicide mission, why would chuck schumer the leader want them to go on a suicide mission? >> americans understand the difference in a political office and judicial office. >> affords this person a chance for confirmation in the united states senate. liz: well the pushback begins democrats ramping up their fight to block president trump's supreme courtee