and facebook with a lot of questions to answer. that's it for us. we thank you for being with us. trade negotiations begin again between the u.s. and canada good night from new york. [♪] kennedy: an explosive day on capitol hill. supreme court judge nominee brett kavanaugh in front of the senate judiciary committee and democrats did everybody they could to delay, stall and stop the hearings. >> 40,000 pages of documents we have not had the opportunity to review, read or analyze. our out of ordinary. >> we cannot possibly move forward. we have not been given the opportunity -- >> if we cannot be recognized, i move to adjourn. we have been denied real access

to the documents we need. what is the rush? what are we trying to hide by not having the documents out front. >> it's out of regular order for us to the no receive all the documents this committee is entitled to. kennedy: it sounds like somebody has been held captive in a pirate cavern. protesters caused all sorts of headaches all day long. what fun if you don't have a job. >> mr. chairman, could i pause until the room is cleared. >> mr. chairman, i think we ought to have this loud mouth removed. kennedy: after all the grandstanding and antics, did we

learn anything about judge kavanaugh? joining me now is mike emanuel live from capitol hill. reporter: there was plenty of speech ifying. it was clear the democrats were trying to shut down the hearing. atbawctd issue of abortion. >> although you told senator collins that you believed it was settled law, the question is really do you believe it's correct law. that's roe versus wade. reporter: the republican chairman of the judiciary committee says he told judge kavanaugh not to say too much. >> i expect judge kavanaugh, and it's my advice, to follow the example of justice ginsburg that

a nominee should offer quote, no hints, no forecasts, for previews on how they will vote. >> reporter: it was a full day on day one of the kavanaugh hearings. ben sasse called out his democrat colleagues and said they should stop playing games. >> the question is whether he has the character and temperament. the question is does he have the character and temperament to put his views aside when he puts on the black robe. reporter: then it was time to hear from judge kavanaugh. he didn't take questions, that will come tomorrow. but he provided a preview of his judicial philosophy. >> i am not at pro plaintiff or

pro defendant judge. i'm not at pro-prosecution org pro-defense judge. i'm and pro law judge. reporter: here on capitol hill when you don't have the votes, you complain about the process. it appears the democrats don't have the votes to stop judge kavanaugh so they are trying to delay him. kennedy: at the hearing, south carolina republican senator lindsey graham says he's thrilled the president nominated judge kavanaugh. >> the anecdote when it comes to judges is not to deny you a place on the supreme court. this is exactly who you need to be, this is the time you need to be there, and i'm telling president trump you do some things that drive me crazy and you do some great things. but you have never done anything better in my view than pick

gorsuch and kavanaugh. kennedy: joining me, senator graham, he was part of the circus. >> i think i was in the clown car with everybody else. kennedy: i'm curious to see what your point of view is on this. he side from judge kavanaugh's record and some of the opinions he's written and the emails and missives he sent and received while he was in the bush white house. this is a critically important pick for the supreme court. for the president and for the balance of the supreme court. how much more contentious is this than for the entirety of the gorsuch confirmation. >> it's a new standard, a new low. yelling about this nominee is not going to deny his confirmation. if you want to pick judges as liberals, you need to win elections.

kennedy: i think that's a good point. a lot of this is about the 2016 race. >> totally. your view of executive power is scary and will create a king come in america. when joe biden was arguing against indicting clinton for his alleged misconduct, he cite an article by kavanaugh saying when it comes to indicting a sitting president, it's a bad idea for the country. congress should make that decision, not the judiciary. when they were talking about clinton he's'' nominated steven

b recollectio -- henominated jue supreme court and he got confirmed. kennedy: in the case of senator kamala harris, she is the one doing the yelling. >> if you are running for president in 2020, there is no way they will vote for kavanaugh. or they will do like i did and get 1%. he's qualified by every measure. she accused him of being a political hack. he's been involved in republican politics and lawyering for republican presidents. stephen breyer was ted kennedys lawyer.

so they get to pick their judges from the liberal bench. but when a conservative wins the white house, we can't pick a conservative. that's what she is trying to say. cern how much worse will it be if the president does get another supreme court pick. lire * i don't know what def-come 4 is. kennedy: you have having the senator from connecticut * saying there is so much secrecy surrounding this nominee. do you agree with that? do you think he's been cloaked in an invisible cape? >> he has had 307 decisions. a well defined judge and a well defined person. he's a republican conservative.

probably the best mind of his generation. he's who i hope president trump would have picked. incredibly well qualified. there is nothing secret about where he's coming from. they want to lose the election and pick the judge and it doesn't work that way. my democratic friends, i voted for cage an -- voted for kagan d sotomayor because they were qualified, not because i would have chosen them. kennedy: if he has problems with his past interpretations, be sure you can throw your constituents you have a genuine curiosity for a critical branch

of the united states government. >> president trump on the campaign trail said he would like to overturn roe versus wade. hillary clinton promised to pick supreme court justices who would uphold roe versus wade. so there is politics around roe versus wade. kennedy: i want to ask about attorney general jeff sessions. the president and the attorney general have a very contentious relationship right now. do you think it would be appropriate for the president to ask for his resignation or tire him after the mid-term? >> i have seen divorces better hand than this in south carolina. jeff sessions is a dear friend. i like him. i'm not asking for him to be

removed as attorney general. but clearly president trump doesn't have confidence in jeff sessions as an attorney general. like any other president, i deserves an attorney general he has confidence in. but you would have to get the next person to say that's mueller could finish his job. i like jeff sessions. but this president deserves an attorney general he has confidence in. unless this relationship changed quickly. we need a choice can live with. kennedy: do you think he should appoint nick sabin to get him out of the football program? >> jeff is a great guy. i'm somebodiy it got to this. the doj needs a voice that will be heard in the white house.

we'll see what happens. kennedy: the a.g. has gone awol. we'll see what happens as we binge watch this presidency. how might judge kavanaugh rule on some of our biggest issues. >> for 12 years i have been a judge on the u.s. coast appeals for the d.c. circuit. i have written more than 300 opinions and handled more than 2,000 cases. i have given my all in every case. i am proud of that body of work and i stand behind it. i tell people don't read about my judicial opinions, read the opinions. kennedy: that's a challenge. if he's confirmed, will he being a strong constitutionalist? what did you make of the confirmation hearing today?

>> it was the most of unusual hearing i have seen, and i have been fooling this for a while. when i tuned in i couldn't understand what was going on. that hour rolling filibuster was bizarre. i don't think it did the democrats any favors. but they don't have have much to work with. kennedy: what should the democrats be asking judge kavanaugh. >> if they disagree with this jurisprudence they can make that state. if you think a judge has a radically wrong theory of interprettization takes of the constitution, you can ask about that. he's a strong constitutionalist. he believes in the separation of powers. not as an artificial exercise but in the defense of liberty.

he's like to justice kennedy in that. kennedy: what similarities are them between him fan neil gorsuch. >> the executive branch and regulatory agencies that take a law from congress and read owl sort of things and write their own rules, and judges have been deferring to them in various ways. it's the role of a judge to interpret the statute and hold the bureaucrats' feet to the fire. senator ben sasse gave us in that civics lecture that was quite entertaining today. kennedy: you are talk about chevron deference. but that's different than executive supremacy. that's the worry of some kavanaugh critics that he would embolden the presidency too

much. >> you are right. that's different. in the context of the president doing certain things. you have to look at national security versus domestic things. and in terms of a president getting indicted or subject to subpoena, absolutely. kavanaugh's thinking on this has evolved. he served under bush and then now lately has been saying maybe clinton was distracted from pursuing osama bin laden. you don't know exactly what the legal issues would be, even if it's bob mueller and his investigation going after trump. kennedy: the big worry with every potential supreme court justice is they offer one ideology and view of the constitution but later they flip. >> he has a paper trail that's very long.

he's clearly a textualist or originalist. kennedy: as much as gorsuch? >> he's a little cageyer. i would put him somewhere between roberts and gorsuch. one thing we have to remember web's not a trumpy judge. kennedy: i think the way the president picks supreme court judges is very different than the way he operates on twitter. kennedy: illya, thank you very much. the president is calling bob woodward's new book fake news. today...

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reporter bob woodward. he gave an versus copy to the "washington post" saying quote james mattis says the president has the mental capacity of a 5th or 6th grader. the president said the woodward book has already been disputed by generals mattis and kelly. woodward is a dem operative. notice timing? how long will this latest groundhog day stay relevant? welcome back to the show, chris stirewalt. here is the thing. everyone is going to write a book. a lot of people hate the president. the president can be crazy and

dumb. but that's not reason to impeach someone. but there are people who act like being crazy and dumb are impeachable offenses. >> impeachment is not a legal question, it's a political question it's whatever the members of the house of representatives say it is. kennedy: what about michael wolf? >> woodward has done books on every presidency and they hold up. what happens is wood washed is very smart. he plays a very long game. this book is dated. there is nothing in here about

now. this confirms other reporting, this confirmed other stuff about what things were like during the very chaotic -- kennedy: i understand that. i am not saying it's a string of falsehoods and romance novel meant to turn pages. i believe reince priebus might have said the president's bedroom is the devil's workshop. he does have a series of incapacitated viewers. he says woodward claims the president called attorney general jeff sessions a traitor and mentally retarded. the problem is the president didn't say these things to bob woodward. there are people who say these

things were said. that's what these books have in common. off-the-record sources. you need ronan farrow to write a book about the president. >> this gives us context about what's going on. in terms of telling us -- if you want to hashtag resist, everything you read will make you hashtag resist even more. kennedy: if you voted for the president because you wanted the economy to get better and you wanted to deregulate things. >> this is not a partisan book, this is not whatever. this is the same thing he did to obama and bush and clinton and reagan. kennedy: when people like bob wood washed have access to that information, they think somehow it's shock. somehow every one of these is a

stunning revelation. i am exhausted. >> i think woodward sold it a little less than. >than omarosa did. the revelation that gary gary cohn pulled papers off the president's desk, stealing things from his desk so he won't see them and sign them. that's something i have not heard. kennedy: that's something that's so wildly entertaining i believe it is 100% true. but none of it surprises me. not one thing. >> you have been jaded by our times. kennedy: i love my job so much because every day there is something new, and every day is more absurd than the next.

it's an absolute gift. this is just -- i know there is going to be a library full of these books and i hope they are as entertaining and page turning as they all promise. chris stirewalt, thank you very much. ronan farrow, he's back trading jabs with nbc news saying the big wigs at the peacock network tried to stifle his reporting on the weinstein controversy. my monologue is next. when we were dating, we used to get excited about things like concert tickets or a new snowboard. matt: whoo! whoo! jen: but that all changed when we bought a house. matt: voilà! jen: matt started turning into his dad.

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kennedy: nbc news is in deep yogurt as contradictory reports are proving the anti-trump propaganda factory could be fake news. nbc torpedoed enough casualties to fill the lusitania. people wondered why ronan bolted from nbc. well, he tried, by was peacock blocked. he had done months of reporting, and according to his recent

twitter defense. in an interview with his former producer. at least three women featured in the story including mcgowan testified it was complete and loaded with accounts from weinstein's victims. andy claimed the wonder kid wasn't ready for prime time and all the sources he provide were anonymous, except for the ones who weren't. that seems to suggest nbc is lying. ronan's work won him not only self informal frank sinatra look alike contests, but also a pulitzer and a decade of gratitude from a decade of victims shamed into silence.

he was pushed out by nbc. even megyn kelly, the face that launched a thousand departures has weighed in. she doesn't think nbc is telling the truth either either. you should watch out. about she leaves your network, then your ratings will really go up. attention whore clowns like jim acosta. the cya makes it petty and dishonest and loserrist. that's a memo. president trump is taking ronan's side as well. he chimed in on twitter saying

nbc fake news which is under intense scrutiny over their killing the harvey weinstein story is fumbling around making excuses for their conduct. i long criticized nbc and their journalistic standards. we agree nbc doesn't deserve to have their license pulled whatever that means. let's go to our panel. bre peyton, matt welch, and former advisor to the hillary clinton campaign and former consultant to the dnc, antoine rice is here. welcome, everyone. bre, i will start with you. you have two vastly different accounts. for those people out there trying to find the truth and

doing honest reporting and finding sources and putting in the work, what does this story say to them and about them? >> i think nbc's reaction since the story came out is the reason why harvey weinstein was able to take advantage of victims for years without saying anything. kennedy: and institutions like nbc you think would protect them. >> everyone knew about harvey weinstein's behavior. if you start to hear that a reporter is on the case and you shut them down systematically as it appears nbc has done, i think that says a lot about the way that company runs and the attitude that's pervasive throughout media. kennedy: ronan went on twitter

and said i had on-the-record sources. i did good reporting. this was complete. and we submitted it to the legal department standard and were given a green light and it was essentially killed by executives. nbc said egg was off the record, it wasn't ready, and they let the story of a generation go. >> the news was that he was work on the story for them and he published that in the new yorker soon afterward. so it looked awkward at the time and they both came up with that basic frame of the discussion. what is new and what might have prompted the release of the memo. ronan farrow has a book coming out called "catch and kill."

it refers to i'm going to get a story that's salacious and i will kill it so it won't come out. kennedy: when you pay for something you have more right and license to do with it as you see fit. that's vastly different than the enterprise of journalism which is was nbc was supposedly engage in. >> that's why i would be nervous about that title. it would be a hell of a thing to describe a reputable news organization as someone engaged in that type of behavior. kennedy: i think they have big problems and they shielded matt lauer. so they had a big problem there. it looks like because believe me, we had our troubles at fox. what megyn kelly was saying, you

take to it outside counsel. the interm investigation nbc did, it doesn't seem that authentic. >> i don't know if we'll ever know the truth. his version, her version, then the real version. i don't know. but here is what i worry about. if it's true and if he is right, it puts gasoline and kerosene on this notion of fake news, the media is bad, the cover-up. all the songs donald trump has been singing for a long time. that means more people in the choir will be singing this tune and it poisons the well for any credible journalist. so if it is true, i think nbc, their executives have an obligation to come clean and be honest with their viewership and say we made a mistake, we are sorry, we apologize. will it happen?

i don't know. i'm not sure if we'll ever know the truth. the problem is this makes the mind wonder in turn for people who bought into the notion that the president seems to paint this picture of the media being a circus. >> one of the producers said i wasn't interviewed as part of this investigation. >> and he wasn't directly named in andy lack's email. you have three sources cooperating the exact same story. >> one mistake. if this were the worldwide web, we could do whatever we wanted. we wouldn't be wearing pants. i'm wearing a dress. president trump is taking another swing at jeff sessions. will his latest attack drive the attorney general right out the door? or just drive him to drink? the panel returns to talk

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kennedy: president trump continues to attack jeff sessions, accusing him of helping out the opposition in

the upcoming mid-terms. the president tweets. the two republicans were charged just before the mid terms. good job jeff. he was referring to the indictments of duncan hunter and chris collins. hunter has not ended his race. earlier in the show, south carolina senator lindsey graham says the pot deserves an attorney general who sees eye to eye with him. maybe it's time for jefferson to go. will beauregard be shown the door? antoine. i will start with you. president trump had eric holder. and they were good friend, they were like minded and there was a

great deal of trust. i'm sure there was a particularly special bond there. does the president deserve to have an attorney general he or she can trust? >> i think there should be a wall between the attorney general and the president. there should be a fire wall. i think sessions has an obligation to do what's right. not by donald trump, but by the constitution and office he put his hand on the bible to be swor -- to besworn in to. kennedy: the president snows he's got to get through senate confirmation. until he picks a senator whose well liked by his colleagues from a state that's so red. >> sessions was the first

senator to endorse trump. to see the party of law and order throw that notion out the window through this process. what's so scary is the dangerous pattern of behavior by donald trump. he'll throw you under the bus very quickly no matter your allegiance to him. kennedy: does he fire him? there are people like lindsey graham saying i love jeff sessions. >> there are a lot of people trying to figure out what lindsey graham is up to with that. he mentioned a year ago that firing jeff sessions would be one of the worst possible things the president could do. kennedy: i think he was talking about the timing. at the same time graham says this investigation has to complete itself. we cannot fire sessions to usurp

the mueller investigation. >> after the mid-terms we'll probably see the last of jeff sessions. we shouldn't speed past the notion that the president suggested directly. this is something republicans, conservatives, you shouldn't need a weirdo libertarian to point out, presidents shouldn't do this. it's wrong. >> i think that it's clear that i don't think jeff sessions honestly in order to plus up the republicans chances in 2018. he's like a secret plant for democrats. it's laughable and so ridiculous. kennedy: i wish he would be better on marijuana and civil asset forfeiture. >> antoine, will you come back?

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kennedy: shocking news out of washington, d.c. over the weekend.

the secret service arrested a person who climed the white house fence and attempted to get inside. it was nice for the white house staff to see hillary again. what happened? pack the hot sauce because this is the "topical storm." topic number one. we begin in brisbane, australia where an 81-year-old grandma did the impossible. no, she didn't send an email without writing the entire thing. but she did take on two coldblooded killers and live to tell the tale. give this gal some credit. most of people would have called animal control. she is a gutsy granny. she wasn't scared when she opened the grill and found the one dish more dangerous than the bloomin onion.

everyone at grandma's house stood and applaud. the clapper. not james clapper. nobody got a bigger surprise than the workers at a florida shift shop who found a 5-pound marijuana donation in their dropoff area. an employee found four a kriewm sealed bags and a tote bag outside. police say it was likely a mistaken drug exchange which is funny to you and me, but not funny to the drug courier. police say if you were to smoke all of this, you might not die. but you would be so high you would probably vote for cory booker for president.

but not high enough that you would expect him to win. topic number three. speaking offed substances. a truck full of body spray caught fire at a texas highway this weekend. after breathing in the fumes, several firefighters had to be treated at the scene for the urge to wear cargo shorts and hurl obscenities at their girlfriend. this rig burst into flames on i-35 causing the highway to close for a 10-mile stretch. which works out to five cracker barrels. luckily the driver was able to detach the trailer because last thing he needed was to smell like a middle school locker room. while no one suffered serious injuries in the blaze, the police were reporting an uptick

in the decisions of people to dived through the area. the fbi has recovered a pair of stolen ruby red slippers worn by judy garland in the wizard of oz. that was the movie where the scarecrow is saying if i only had a brain. which is also official campaign song of alexandria ocasio-cortez. the fbi held a press conference in minnesota in which they did not reveal how they found the slippers or who took them. the only big mystery is why nike signed colin kaepernick to an endorsement deal. the shoes are headed back to the judy garland museum in grand rapids where their truck is expected to arrive at any moment. this is why you should never trust your gps when it tells you

to follow the yellow brick road. topic number five. finally we salute a florida couple who built a drive-thru window at their mobile home so they could sell drugs out of it. crystal meth is a more healthy option thoonter things you can buy at a florida drive-thru. they thought it would look suspicious if people were constantly walking in and out of their trailer. but there is nothing suspicious about people driving up to the kitchen of your trailer. it sounds like somebody was getting high on their own supply. the couple was arrested after police tracked a series of purchases to the mobile home. while they are now behind bars, they can go down in history as

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@kennedynation. and email me at kennedyfbn@foxbusiness.com. shannon bream will give us the details and lay of the land in day two the following is a sponsored program paid for by my pillow do you find yourself sleeping too hot or too cold, not getting the support you need to help relieve painful pressure points or struggling just to get comfortable? then get ready for a revolutionary, new sleep experience. introducing the my pillow mattress topper, the next generation in sleep innovation from the company that brought you the world's most comfortable pillow. [applause] hello, everyone. i'm tonja waring. thank you so much for being here. it's been an amazing journey