down. >> unquestionably, challenging the establishment is a good impulse in the united states right now because it puts basically all these lawmakers on notice that they have to care sincerely. charles: we will see if they do, vince, great job. >> good evening, everybody, top stories, day 2 of the kavanaugh supreme court confirmation hearings, the radical dems still trying to disrupt and delay those hearings in spite of the outrageous ignorant conduct of the committee dems and leftest protestors, president trump's high court nominee handling their ignorance with grace and constraint. >> i've watched his -- his remarks, i've watched his performance and statements and honestly they've been totally brilliant. i think that the other side is grasping at straws and really the other side should embrace.

>> embrace it, we will take up the latest on the hearings tonight, congressman andy biggs among our guest, greg jared also social media executives embarrassing lee unprepared on capitol hill exposing themselves as unable, unable to address election meddling issues and acknowledge their political bias. >> we found ourselves unprepared and ill equipped for the immensity of the problems that we have acknowledged. >> as for google, they didn't even show up, leaving lawmakers staring at empty shares and perhaps bringing google to heel. we take that up with diamond and silk and new york times taking fake news to the next level from anonymous sources to entire anonymous op-eds with anonymous quotes thrown in.

the president isn't too impressed by either the times or the gutless wonder anonymous op-ed author. >> it's the failing new york times has anonymous editorial, can you believe it? anonymous, meaning gutless, gutless editorial, we are doing a great job, the poll numbers are through the roof, the poll numbers are great and guess what, nobody is going to come close to beating me in 2020. >> we will have more on the cowardly self-proclaimed official little warm who chose to betray and attack the president that is if you believe the times' claim about any of this. our top story the confirmation hearing for supreme court nominee brett kavanaugh still underway despite dems spewing ignorance and vitriol all over the hearing room above it all kavanaugh who makes his inquestions ever so smaller. anchor of fox news at night,

shannon joining us from capitol hill with the latest. >> i've watched his performance, i've watched his statements and honestly they've been totally brilliant. >> president trump praising his second supreme court nominee brett kavanaugh as the judge continues to run a gauntlet marked by protestors. [shouting] >> and senators still jousting over document production. >> i would ask the chairman if he might look at some of these that are marked committee confidential. >> let me answer that for you, if you're interested in it, you could have been asking since august 25th, i believe. >> today's centering on guns. >> i never thought this would happen in our country that someone would bring a semiautomatic assault weapon into a school and just mow down children and staff and so i've been very interested in your thinking on assault weapons.

>> abortion. >> you just can't -- what are you doing for lunch, let's overrule roe v. wade, it doesn't work that way? >> evolution of sitting president should be subject to criminal investigations while in office, as member of team advocated for questioning bill clinton and helped write star report, grounds for impeachment. years later law review author questioning wisdom of subjecting sitting presidents to invasive investigations while congress holds remedy, impeachment. >> what changed september 11th. president bush said this will not happen again and he was a signingle-minded focus every morning for next 7 years, president bush was still september 12th, 2001. >> as kavanaugh's time in the white house post 9/11 that sparked numerous questions whether he was involved in crafting warrantless

surveillance or interrogation policies. >> i was not read into that program, not involved in crafting crafting that program nor crafting crafting the legal justifications for that program. >> also today spectators got a glimpse of human side of nominee when asked to be remembered as good dad and judge and then paused. >> good husband. >> i think he's getting there. >> good husband. [laughter] >> thanks, dianne, you helped him a lot. >> democratic senator asked nominee to commit to recusing himself from any civil or criminal case involving the president that would come before him as justice, he repeatedly declined, lou. >> joining us tonight republican congressman andy biggs member of house judiciary committee and freedom caucus, congressman, good to have you with us, your impression to have conduct to have dems on the senate

judiciary committee over two days? >> well, i'm kind of embarrassed for them. i mean, i watched for instance mr. durbin, senator lahe asked questions and they are fishing, and i will just tell you judge kavanaugh made them look so inept and unable to understand that they were looking inept, not only is he far more brilliant, far more articulate, he's got encycolpedic memory and they don't realize how small they are compared to him. >> i think you have expressed exactly -- when i listened to kamala harris and dick durbin, frankly some of the republicans as they try to stay up with him, it was a very, it was very revealing both as to their

capacity and the -- and the nominee's extraordinary intellect as you say. we are going to see this nominee be approved and be ready for the fall term on the supreme court? >> my understanding is that they're going wrap this thing up sometime mid to late september and he will be confirmed and that he'll be sitting there for the october session and that's my hope. i mean, look, this guy is really talented. he is really a brilliant jurist, just a great man. >> you know, this nominee kavanaugh and sitting on the court, the president's other nominee, neil gorsuch, i mean, these are world-class intellects and legal minds, it's wonderful to behold. let's turn to social media. we had a couple of folks show up

to talk about their bias and what they were doing with russian meddling and frankly smart people, they seem to have a lot of trouble with the language. >> well, you know, they really do, lou, here is the part i love about it. speaking of anonymous things that have gone on today, yeah, they're saying, well, this happened for liberals too, well k -- can you name some, well, no, we are not going the name some. the reason i can name people and i can name organizations right now who i know were -- had this prejudice against and were censored and i will name them. algorithms were designed to specifically root out the conservatives and to blame it on the people who are hitting on the conservative sites was outrageous in my opinion.

>> we heading toward regulations, arbiters of what is appropriate, what is the standard for discourse? >> well, i think the root of where we need to go is to determine who owns the content. first of all, they don't know whether these people are booked or real people that they are trying to weed out, but beyond that, let's find out who really owns the content because if they own the content, then they're liable for suppression, they are liable for slander, they're liable for any of this. >> two way that is signals get set around the worldwide web, one is by wire and the other is by air and the fact is, the government of the united states, the people of the united states have claimed them both. congressman, as always great to see you, we appreciate it. >> thanks, lou. >> up next social media giants twitter and facebook answering

questions about why they silenced conservative voices and even admit to dropping, failing to detect or act on russian election meddling. >> russia used social media as part of and i quote, comprehensive and multifa crp -- multifaceted campaign and we were too slow to catch this and too slow to act. >> we take it up after the break with folks whose minds are alive diamond and silk, electric and coming up next. we will be right back. ♪ he holds your house in the palm of his hand ♪

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>> we don't consider political viewpoints, perspectives or party affiliation in in any of our policies or enforcement decisions. >> the allegation that we made, the republicans, is that you're discriminatory against us, against the republicans. >> we agree that the result was not impartial and that's why we corrected and we fixed it. >> so do you agree that there were more republicans than democrats? >> i didn't say that but i do -- >> well, you can't have it both ways, sir. >> we don't always have the best methods to determine who is a republican and who is a democrat. >> well, usually it's known because we run as republicans or democrats, that's not hard to identify. lou: dorsey not impressing us certainly on this broadcast, investors weren't too impressed either. twitter stock falling more than 6% today. dorsey is going to have to up his game, we will see how that

goes from here, joining us now social media super stars president trump supporters diamond and silk, great to have you here on a day in which social media was, well, in the court of public opinion on capitol hill, what did you make of dorsey and his comments and sandburg from comments of the day, diamond? >> here is the deal, you the people that go to capitol hill and they just chat and talk, they get nothing done, they say nothing that will take and apiece the american people especially conservatives that's being centered on platform. >> that's right. >> to think that you can influence what we talk about or what we socialize about on social media that's dictatorship and that's tyranny and that has got to stop. lou: you're exactly right because that is -- this is soviet stuff, talking about whether facebook or twitter,

whatever platform it might be, they decide what can be said, they decide what will be an acceptable expression, they become the arbiters of taste and judgment and appropriate speech, go to hell. >> absolutely. >> you got that right. and then they want to sit and talk about that russia influencing the selection. it's the platform, twitter, facebook, youtube, google, the social media forms that are the ones that's influencing this election because you know what, i don't speak russia, i speak english, i've never been to russia and -- if anybody said anything to me in russia i wouldn't know what they're talking about. it's the social media forms that's influencing this election by silencing and kens -- sense lou: turns out that the first collusion may have been on

facebook with the russians and they didn't react, they didn't bring in authorities from our intelligence agencies, twitter, you know, i couldn't understand what dorsey was trying to say, he wented to be the guy that decides whether or not conservatives have a voice but then he said which is which, it got ambiguous for him, could you straighten him out on that, diamond. >> first of all, he's not the arbitrator of truth. he's not the school of speech, this is free speech that we are talking about being stifled. >> that's right. >> the algorithms that they put in place to silence conservative voices, if you say the word trump, you're silenced, if you say anything patriotic, stand for the flag or anything about god you are silenced. if you're a conservative you are being silenced on social media of platforms because they want to be arbitrators of truth and

they are liars and thieves. lou: we thank you, i want to apologize for swearing, my wife is going to chastise me, forgive me and we are delight today see you, all the best. thanks. >> thank you for having us. lou: be sure to check out diamond and silk chitchat tour in marieta, georgia, nike with controversial ad campaign featuring nfl quarterback colin kaepernick, tomorrow nike will run its ad on the nfl's season opener but the social justice warriors and newly self-proclaimed at nike have, well, something of a spotty history of when it comes to social justice and the american worker. nike turns out are you ready has 127 footwear factories located in 15 countries. vietnam, china and indonesia

manufacture 94% of nike footwear and also nike has 663 apparel factories. they're in 37 countries and make 52% of nike apparel in china, vietnam and thailand. that's right, not ohio, not oklahoma, not in oregon, by the way, don't forget, nike is the same company that put a new york screen printing company out of business and shipped t-shirt printing and production from a factory in new york to honduras just 3 years ago, that resulted in the lost of 85 american jobs, 1700 laid off last year so much for social warrior footwear company or wearing at least about american workers, odd, what they are claiming and what they are actually doing. nike raising our consciousness. be sure to vote on our poll tonight, the question is do you

think "the new york times" anonymous op-ed is merely further evidence that president trump is right when he calls the national left-wing media fake news? cast your vote on twitter at lou dobbs. follow me on twitter, follow me on instagram at lou dobbs tonight. up next, new call for president trump to declassify fisa documents and further expose the systematic bias and efforts to to suvert, stay with us, we will be right back. a scratch so small you coulda fixed it with a pen. maybe you should take that pen and use it to sign up with a different insurance company. for drivers with accident forgiveness

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lou: key members of the house of representatives will be calling on president trump tomorrow to declassify the carter-page fisa application and notes from disgraced justice department

official bruce ohr, freedom caucus chair mark meadows along with jim jordan will make the formal request of the president tomorrow. joining us now to assess all of this and much more, greg jared, fox legal analyst and author of "the new york times" best-selling book the russia hoax, great to have you here. >> good to be here, lou. lou: let's start with meadows, jordan going to the white house to talk to the president. we have all been calling for this for ages. the president why in your judgment has he not already done it? >> he's being misled by the intelligence community. i suspect it's not just the fbi director but dni, dan coats as well as others, rod rosenstein, why? first of all for the intelligence community they think when they order a pizza

it's national security and ought to be classified. there's this mentality that everything they do is so important and has to be classified and that's nonsense, every time something is declassified we find out it shouldn't have been classified to begin with and second of all, i think the fbi, christopher wray is covering up wrongdoing of own bureau and these documents will reveal a level of corruption that will stun most americans and it'll be largely exculpatory of the president. lou: they know, they can make independent judgment, yes, they have, and have made it very clear that it's bs whether by intelligence community or attorneys or, you know, his political folks, they're just no way in the world this president needs -- needs to let this go any further, it has got to stop,

it's got to stop now. >> the american public deserves to see what's in these documents. they deserve to see the impropriety and i believe illegality perpetrated by the department of justice to target trump to try to influence the election and undo the results. lou: so stipulated. i mean, this has been demonstrated evidence throughout. we know what we are dealing with, a corrupt leadership that's still entrenched in the fbi. they have taken out the top but they haven't taken out all of the corruption. it's a toxic agency. >> it is. lou: only perhaps competitive with that agency is the department of justice itself. >> absolutely. lou: that's got to be fixed. this is the president -- should be on jeff sessions who has been abysmal in his duties as attorney general. and now he has an opportunity to make things happen irrespective

of resistance within his administration. >> everybody in washington and america at large knows that jeff sessions is finished. jeff sessions may not get it but he will right after the elections. the perfect example is he's allowed bruce ohrover -- ohr of all people to still be employed in the justice department, we know days ago when he implicated all of the people of the fbi involved in elicit scheme including the lead prosecutor in the special counsel bob mueller's investigation which is now tainted and corrupted the integrity and credibility of that investigation. lou: which had none to begin with. >> exactly. lou: so stipulated. >> so stipulated, counselor. lou: and the book is the russia hoax, by a couple more copies, would you? this guy has to think at some point about his children.

>> getting old. lou: well, retirement, we will throw that in. up next the resistance making its way inside the white house, that's what an op-ed in "the new york times" by an anonymous, anonymous author would have "the new york times" would have you believe. wow, that's pretty bad. we will take up that so-called senior official in the trump administration yale professor paul joins us, we will take up a lot of issues with him as we continue here tonight, stay with us, we will be right back. touch shows how we really feel. but does psoriasis ever get in the way?

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[telephone ring] like my father before... ahoy-hoy! as long as people talk too loudly on the phone, you can count on geico saving folks money. fifteen minutes could save you fifteen percent or more on car insurance. lou: the left wing new york times, i know that's partly redundant elevating ideological fervor and that's a very kind way of what it is, publishing not just an anonymous quote but an entire anonymous op-ed from an alleged member of the administration who bashed the president and that's not allegedly, that's definitively. this is just the latest escalation in the assault on president trump and no one, no one should take seriously the claim that the author of this anonymous op-ed is a senior administration official. president trump addressed the op-ed during white house event

this very afternoon. >> can you imagine this? we have somebody in what i call the failing new york times that's talking about he's part of the resistance within the trump of administration. this is what we have to deal with and, you know, the dishonest media, you people deal wit as well as i do, it's a disgrace. i will say this, nobody has done what this administration has done in terms of getting things passed and getting things through. when you tell me about some anonymous source within the administration, probably who is failing and probably here for all the wrong reasons, now, and "the new york times" is failing, if i weren't here, i believe "the new york times" probably wouldn't even exist. [laughter] [applause] >> and some day when i'm not president hopefully will be in about 6 and a half years from now, "the new york times" and

cnn and all of these phoney media outlets will be out of business, folks, they'll be out of business because they'll be nothing to write and they'll be nothing of interest. lou: well, the president is absolutely correct when he suggests that the copy won't be quite as elevated or exciting when he finally leaves the presidency. joining us tonight paul bracket, member of foreign relations, political science and business, great american, great to have you here. >> good to be here. lou: let's start with the president and this anonymous quote by some -- some worm that allegedly is in -- who is allegedly part of the administration. your thoughts about where the new york times is? >> my thoughts, first of all, the new york times would have vetted this very carefully, i don't have any doubts about that. my feeling is yet another example of partisan politics run

riot the way i would put it. it's happening everywhere and it's not good for the democracy, i don't think it's good for u.s. security overseas, it can tempt people to think the wrong things about that we have a weak government and i was shocked that the individual in question would not resign and put it out there under his own name. lou: yeah, i wasn't surprised. anyone who would betray the man they work for, the president of the united states, is a delusional ego self-jackass, i don't see any other way to call it. i would think that that person i hope stand up clearly among the top officials to have administration. >> this is not like that you work for a big business and you don't agree with the ceo or something like that. lou: right. national security. >> you work for the united

states government and you work for the constitution and if you really don't agree with it, you shouldn't be in there and you have special obligations that are far larger than the people who work at most kind of organizations. lou: this would also be a call -- this would also be a call to the deep state whether it's in the fbi, we have seen corruption that is ramped in its leadership, the department of justice, all of those people should be walking out the door because they are appalling in their disloyalty, political corruption that they have -- with which they've stained that department and that agency. >> well, the way i would put it is that we have made it much easier to impeach the next president whoever it is after this one. lou: right. >> we are lowering the bar here and we are going to suffer for both parties especially in recent times, it's not good for the strength of this country and

a lot of things are going well on the economic front and the foreign policy front but on the -- lou: this president -- his successes to this point in time in his administration are unprecedented in the modern era, am i correct? >> you are correct. the one that gets me is the charge that he's drawn to authoritarian governments russia and china which lie the fact that he has launched the largest nuclear build-up that's going to add thousands of hydrogen bombs aimed at russia and china. i do not see this is cuddling the russians. lou: nor do i. >> the russians do not see it that way. i was just in russia, you know, talking to officials there, they are absolutely stunned at the thought that we believe that they could hack the u.s. election and make a difference. they can't do anything right in their own country and they're stunned to think that we think they won our election.

lou: folks should have a pretty good insight into russian government just by historical facts that is in 1991 with the collapse of soviet union and marxist, the country is struggling now not just because of the sanctions although they are a tremendous burden but because the country has yet to embrace markets and to achieve its potential. >> they're backward technologically, there's no silicon valley. the biggest thing -- what people talk about in russia it wasn't hacking the election, it wasn't donald trump, they are upset because the rubel is going down so much. that's what they are upset. lou: they are also very interested in reclaiming at

least full -- full power in the atlantic, the united states now fleet to already the russians have put into the atlantic. >> we have technologies and nato and that would get them in a ball game that they don't want to get into. lou: the baltics without question historically, they've had enough about russian invasion. >> that's understatement. they do not like the russians. lou: well, we like you and we are delighted that you have taken the time to join us, hopefully you will join us soon. in other headlines tonight, more than 50 passengers aboard an airplane by dubai had to be

screened by officials and quarantine at jfk airport, flu-like symptoms were the description, cdc is investigating what caused them to fall ill. and new worries for the gulf states as hurricane florence strengthen in the atlantic to category 4 storm this after tropical storm proved deadly last night killing a child in florida and president trump describing the trade talks that have resumed as of today, he describes those talks as intense but says the united states doesn't have much to lose and he doesn't much mind if canada decides not to be part of the trading block that already now includes the united states and méxico as a result of their bilateral trade agreement. extremists groups like black lives matter backing the new sponsorship between deal between nike and colin kaepernick taking unpatriotic and disgraceful

stance against police officers across the country who risk their lives every single day, since 2014 there have been 212 police officers killed across the country in the line of duty and in some of our largest cities such as chicago, black lives don't seem to matter. of the 382 people killed in chicago this year, 308 of them african american. this is the same city that is now begging for a larger more engaged police force but continues to vote for failed leaders like the ongoing mayor rahm emmanuel who has brought in just about 600. instead of looking into a failed nfl quarterback who sacrificed a few million dollars to take a knee during national anthem. perhaps nike should have looked at men and women who sacrificed everything on our streets all across the country. think about it, nike, just do

it. up next, supreme court nominee brett kavanaugh vows independence on the bench as his hearing turns through another day of venomous demonstrations from liberal loonies of all sorts, senatorial and just plain protestors. [shouting] [inaudible] lou: we will have more on it after the break, i will be talking with author david kaplin, here next, you don't want to miss it.

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lou: president trump slamming the anonymous source to the new york times, if such a source exists, the president tweeted this minutes ago, this is the president's tweet, does the so-called senior administration official really exists or is it the failure new york times with a phoney source, if the gutless anonymous person does indeed

exist, the times must for national security purposes turn him, her over to the government at once. there you are. the radical dems continue to foolishly and savagely oppose supreme court nominee brett kavanaugh firing off outlandish questions today in addition to orchestrating more demonstrations by protestors in the hearing room as the president's choice for the high court had to put up with it all. >> can a sitting president be required to respond to a subpoena? >> do you still believe a president can fire at will a prosecutor who is criminally investigating him? >> i would like your commitment that you will recuse yourself if there is an issue involving his criminal or civil liability -- >> since you became a legal adult have you ever made unwanted requests for sexual

favors or committed any verbal or physical harassment or assault of a sexual nature? lou: good lord, joining us tonight, david, former legal affairs editor, author of the new book, the most dangerous branch inside the supreme court's assault on the constitution. david, great to have you with us. >> good to be with you. lou: i want to first show folks a picture of the two of us in fortune magazine. >> oh, no. lou: oh, yes. do we have that, please? one, two, three. i timed the staff. >> fake arm wrestle. lou: i was working like heck. what do you think of the sweater, david? >> a lot nicer than my sports jacket. [laughter] lou: well, what year was that? >> 2010. lou: that's what i said, 2010. >> once upon a time. lou: seemed like '93 to me.

>> who won that match? lou: you and i both can claim it. >> i think i probably let you win. lou: thank you, i'm sure that i differed. >> we do to most of the people we wrote. lou: great to have you, congratulations on the book. >> thank you. lou: couldn't be more timely and judge brett kavanaugh, i'm watching these hearings and i honestly have never seen anything like it. this is -- >> sure you have. last year except for the protest, fair enough. lou: venomous, 76 people arrested in 2 days. the dems are putting on a show that looks to me that it's political suicidal. >> i don't know how it's going to play politically, but it's predictable, it's a logical extension of where hearings have been going for 20 years and if hillary clinton was president and she had put up a nominee i think you would see republicans

misbehaving. but in the first instance, in the first instance the problem with the hearings isn't senators, it's not even presidents, it's the supreme court. they are complicit in this because by issuing rulings on so many controversial issues they raised the stakes of being on the supreme court and you're seeing that play out now. lou: you argue in your book that the supreme court has overreached, that's an understatement in its rulings which is to you the most egregious, which is the most profound in its impact? >> well, you know, choosing among bad rulings is deciding which of your children you love more. if i had to choose bush v. gore, but i criticized roe v. wade and finance ruling and the gay marriage decision. there's plenty of criticism on the left and right, so there's plenty in the book for both sides to like or to hate.

lou: so we have to turn to the most dangerous branch, we recommend the book to you highly by david, you're fair and balance and you're an equal opportunity -- well, skeptic of both and detractor of both. the gore v. -- >> bush v. gore. lou: i knew i had it backwards. >> very easily confused. lou: they were a little more like than we would like to think, i think, the idea that you don't like that hurts me because i thought we were friends and that you would automatically side with bush. you obviously have chosen a separate path. >> it's between friends, but the mistake -- i fear lou that you're making criticism to have court's decision to intervene at all with the outcome to the extent, for example, that i criticized roe v. wade, it's not because i disagree with the outcome politically i'm liberal, i believe in very liberalized abortion laws, i don't think though that victory should be

achieved in court. i think it should be achieved in congress or in state legislatures similarly whether you want it bush or gore to win, the victory was best won in congress because that's what the constitution provided for in the case of a disputed presidential election. instead, both sides went to court to achieve victory and that's what i criticize. lou: as you have studied and written about it over two years to produce the book, is there a point at which you think the court can be either be right or right itself? >> i'm not optimistic, what you're seeing in kavanaugh hearings is indication how bad things have become, i think the boast hope is not presidents or senators but the court itself. the court will have to learn to restrain itself. lou: david, congratulations, great to see you. >> we are not going arm wrest approximately. lou: we have to have a couple

more days in the weight room. up next, president trump whether he should classify or declassify documents on the mueller never-ending witch hunt when we come back, this is the book, the most, the most dangerous branch, david, we recommend it to you, we will be right back. small you could fix it with a pen. how about using that pen to sign up for new insurance instead? for drivers with accident forgiveness, liberty mutual won't raise their rates because of their first accident. .. ♪ a hotel can make or break a trip. and at expedia, we don't think you should be rushed into booking one. that's why we created expedia's add-on advantage.

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lou: this is where we are and what we are look at for

tomorrow. deputies continue to make a mockery of themselves and the entire process in which they are even ganged at the confirmation hearing of brett kavanaugh. congressman andy biggs told us the dems made kavanaugh look big. mark meadows is calling on president trump to declassify the document on the spying of carter page. nike ignoring the massive backlash after choosing colin kaepernick of its "just do it" campaign. we thank you for being with us. tomorrow dr. sebastian gorka will be with us. you can catch us on the fox news

channel. good night from new york. kennedy: the president calls the "new york times" gutless and questions whether it's treason after the times publishes an explosive anonymous op-ed reportedly written by a senior trump official. author or authoress says he and other white house officials are working behind the scenes to top the president's misguided impulses. he says i'm part of the resistance inside the trump administration and says he and