victims of the carolinas. he was urging strong federal support for everyone who has suffered so much. be with us. thanks for being with us tonight. good night. kennedy: breaking news in the partisan knife fight over a supreme court nominee. the attorney for the accused making new demands involving new witnesses. but republicans have demand of their own. who is going to blink first. judge kavanaugh's nomination in jeopardy over allegations he sexually assaulted a woman when they were in high school. his confirmation vote was supposed to be tomorrow. but that has been held up as we wait for dr. christine blasey ford to decide whether she is

going to testify. she wants an fbi investigation of her claims before she comes forward. "the washington post" reporting for her attorney said it's unfair more witnesses won't be testifying. chuck grassley says the fbi does not need to get involved and his committee's investigation is sufficient. a number of democrats are demanding one, too. hartoo. in odder word -- in other words we are at an impasse. but the president wanted to break the tie. president trump: i would like to hear what she has to say. but they delayed a major hearing. when i first decided to run, everybody said the single most of important thing you do is the supreme court justice. we all heard that's times about a president. i would say this. i think he's an extraordinary man, i think he's a man of great

intellect, and he has an unblemished record. this is a tough thing for him and his family. and we want to get it over with. at the same time we want to give tremendous amounts of time. if she shows up, that would be wonderful. if she doesn't show up, that would be unfortunate. kennedy: that remind me. senator grassley demanding senator dianne feinstein cough up information about when she first learned of the allegations. the timeline could be important. edward lawrence is live in d c. with the story. >> they are reading it off other reports. president trump said he would make a decision about judge kavanaugh's future about the nominee if he hears credible

testimony from christine ford. tonight she also wants other witnesses at the hearing, believing just two people under both won't help the committee members. the chairman of the judiciary committee says he's planning on that hearing monday and is giving ford until friday to respond. >> doing everything that we can to make dr. ford comfortable with coming before a committee either in an open session or closed session or a public or a private interviews. that's four different ways she can choose to come. reporter: democrats have been asking for the fbi to reopen their background check on judge kavanaugh. >> i prosecuted 38-year-old cases. they are good about locating

witnesses and finding people. they are a hell of a lot better at it that the senate majority or minority staff. that's what the fbi does. they can give a shot. if they don't have an opportunity to do it, we'll never know. reporter: the chairman, senator grassley said it's the courtesy to the committee. the job of assessing a nominee's qualifications in order to decide whether to consents to the nomination is ours and ours alone. kavanaugh says he's eager to testify about the allegation he sexually assaulted ford when they are in high school. he denies it ever happened. kennedy: so if dr. ford testifies monday, it will be a classic caves he said-she said. each senator on the judiciary

committee will have to go with their gut. as our next guest wrote in the "wall street journal." maine republican senator susan collins could hold the key to judge kavanaugh's confirmation. a man who worked with brett kavanaugh while work as a speech writer for president george w. bush. susan collins is the key. she has way too much power nowadays. >> i worked with bret and his wife ashley. we are facebook friends, keep up on the children. this is so out of whack with what i know about bret. he's a perfect pick for this. i focus on susan collins because four republicans said she needed to hear more from this woman. book corker, jeff flake, susan collins and missa murkowski.

mr. cork and mr. flake said if the woman doesn't show up monday she should go ahead with the vote. susan collins and lisa purchase- murkowski. the democrats want to delay until after the election. kennedy: if they didn't, they would have gone to the fbi much earlier. >> they want to do that because they cannot defeat the kavanaugh nomination. only errant republicans can defeat it. kennedy: if you are looking at some of the problematic things he has written for civil libertarians, that wasn't enough to turn senators like ted cruz and rand paul. talking about the emails he may have written while secretary in the bush white house. that also wasn't enough. so this really does seem like an

insurance policy. >> it's last minute, no evidence. my impression is senator grassley is saying bret is going to testify even if dr. ford doesn't show up. i wouldn't be surprised that he's a sympathetic person. he can ask them, where do i go to get my reputation back. what do i need to do to prove i'm not a rapist, attempted rapist. kennedy: if someone has done nothing wrong, what's the appropriate behavior. that's incredibly difficult. and the way a lot of this evidence stands, it's hard to disprove anything. >> i think chuck grassley has taken the reasonable position, the woman should be heard. but that doesn't give her a right to dictate the process. this letter. was she putting down the condition? some of your other guests in

congress can tell you about that. i don't recall any witness giving conditions i will only do this if there is an fbi investigation first. kennedy: there are people in the fbi that said this doesn't meet the criteria for how we launch an investigation. >> it's basically asking people about the person that's applied. at the end you say is there anyone else i should talk to. it's sort of a family business. i underwent one like bret when i went to work at the white house. kennedy: it's interesting because i understand that dr. ford doesn't want to be there by herself. no one wants to be part of this spectacle. and, you know, i understand if she wanted anonymity, that's one thing. but you can't drop a bomb on the entire situation. i am talk can about dianne

feinstein and expect there to be no repercussions. if they want a trial is it reasonable for judge kavanaugh to want a defense attorney? >> if they find judge kavanaugh did this and it's i am peachable, then do that. kennedy: if you are looking at the #metoo movement and some of the people who lost their fortunes and careers because other people have come forward after there was an initial claim. from harvey weinstein to matt lauer to bill o'reilly and al franken. there were other people who came on board and corroborated a pattern. same thing with roy moore. if you have a guy who is going to get blacked out drunk and try to rape someone. it doesn't seem like city would be an isolated incident. >> i have three daughters.

no sons. if something like this happened to one of my daughters i would be more inclined to handle this in the private sector having my even visit with the young man. i think the woman should be heard, but it doesn't give her the right to up end the process and set all these conditions. senator grassley has been more than acome dating to let her testify behind closed doors and allowing people to go talk to her. the democrats don't want anything that would reach a conclusion. they want to delay. that's what all this is about. the question is whether she is being used by them. kennedy: if she is, it's unfortunate. now it's her reputation, not just judge kavanaugh's reppization takes. we still don't know how it's going to end.

bill mcgurn, thank you very much. democrats pushing for additional witnesses to testify including kavanaugh's friend mark judge. he is asking to not be involved. he said i have no memory of this alleged incidents. brett kavanaugh and i were friends in high school, but i do not recall the party described in where ford's letter. more to the point i never saw brett act in the manner dr. ford described. a former class maid set the allegations were well-known at her high school. she later deleted the post and said she does not have first-hand knowledge of the incident but still stands by ford. the panel is here to weigh in. former criminal defense attorney is here, emily compagno, and

jason chaffetz web's the author of a brand-new book, "the deep state." the president tweeted about that book tonight. a former aide to senator chuck schumer, chris hahn. chris, what do we do here? we are certainly at an impasse. it seems like you need a crop rating witness on one side or another to get past this. >> this is good advice for the president. he needs to withdraw this nomination or the republicans are going to lose the senate in a big way. whether she test guys monday or not. kennedy: what if it's not true. >> the truth is lost in politics sometimes. and she is going to come out and tell a story, and she'll tell that story passionately more than likely and show emotion to that story. the other side will say it didn't happen. we are only trying to convince one or two senators, susan

collins and lisa murkowski. the red state democrats have cover not to vote for this nominee at this point. kennedy: politics is dirty there are the president should -- therefore, the president should withdraw brett kavanaugh's nomination anyway. don't 65 to 85% of high school seniors in the 80s. >> we have somebody make an accusation. she might not come across as credible. but assuming she does. if she doesn't testify monday, she'll testify monday on "60 minutes" and it will be worse. >> it's about the politic and not about the law or what's right and what's wrong. kennedy: i'd shut be.

>> but iter in is. kennedy: her lawyer said she would testify under oath and go before the senate judiciary committee because she wants to put her story forth. >> i would like to yield my time to chris because it's making the case for how disgusting washington politics are. somebody raised their hand, evidently and said they want to speak. if she wants to speak, senator grassley bent over backward, four different ways she can testify and add her testimony to the record. and then the senators have to make a tough decision about the totality of his life and his ability to serve this nation as a justice for the supreme court for the rest of his life. i think he's highly qualified. i don't see any patterns to this behavior. if we are going to take

teenagers and destroy their lives and their families. kennedy: if we are going to take someone at their word without pressing them, then anyone's life can be destroyed. if you were representing brett kavanaugh, what would you tell him to say. >> continue to say the truth. we have heard an unequivocal denial that he was at that party. i want to point out what so shocking to me that in a room full of attorneys and lawmakers the confluence of jurisdiction and scope of what the fbi performs is so convoluted. i think what this is doing is confusing for the american people. the fbi has done its job. i performed the background investigation even folded with the allegations. kennedy: the fbi did have these allegations when they did the back ground check. and that's something the

democrats want to conveniently 8 from the tory. -- 86 from the story. and not follow up on it. >> this is a lifetime appointment. he should be fully scrutinize and fully vetted. what is the rush? kennedy: if that's so important then dianne feinstein should have submitted this. >> i make no apology for dianne feinstein holding on to the letter. kennedy: you don't have their talking point? >> if there were talking points, i would be the one writing them. but it is what it is. this guy is standing before -- kennedy: we are at the point where we have to take a break. president trump visiting the carolinas pledging support for everybody affected by hurricane florence. the live report from north

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they have the full support of the federal government. president trump: they are ready and we are ready to do whatever we have to do to make this perfect. the money will be a lot, but it's going to come as fast as you night. we'll take care of everybody. kennedy: more on the president's response in just a minute. first, steve hair gab is live in fayetteville, north carolina with the latest. >> this is the highest the cape fear river flood in 70 years. some houses are completely under water. the cape fear river crested last night, 61.5 feet. the flooding is called severe but not catastrophic. for the owner of this house it is catastrophic. streets are become rivers. the evacuation has been lifted. we are seeing people begin to go back to their house.

but you can see by the state of the stagnant floodwater, it will take weeks for people to move back in and a struggle to get their lives back together. it's not easy pulling out something furniture in 90-degree heat. >> there is nothing you can do. nothing you can do, just start over. reporter: this water is not going anywhere soon. across north carolina 16 rivers are still at major flood stage. kennedy: that's a great and creepy shot, please stay safe be steve. reporter: thank you. kennedy: the president received heavy criticism for refusal to accept the death claims on puerto rico. how can he stay clear of controversy this time?

and will the government's response to florence have implications. former special assistant to president trump, mark lauder. they are trying to find that heck of a job brownie moment. >> the thing i take away from this entire weekend and the president's visit today, this is what america can feel good about its government. being in office for 25 years and never seeing the coordination they are seeing now. when i saw the president hugging that child other rescuers saving the dogs that were locked in the kennel over the weekend. kennedy: i'm not inspired necessarily by the government response. i'm inspired by individuals

dpierg their neighbors. it feels like in this sort of political animosity that we are being torn apart. if you go by social media, it feels like people hate each other. then you see communities come together and they love one another. that what's restores my faith. what i don't like is that weather has become a political barometer where your enemies in times of crisis wants you to fail. some politicians like to use these optics to further their political aim. >> we haven't seen that too much during this storm right now. i'm sure that is yet to come. because north carolina and south carolina have a long way to go. the waters have not receded yet. so they have a long way to go. but the government will be there state, local and federal. i hope we can continue with a

focus on helping the people who had their homes and lives damaged and upfrootd these storms. that's why the president was there today. he was not there about the mid-terms or 2020. he was there as pathr president of the united states to refined mose folks we are not going anywhere. we'll be with you through this. kennedy: and as he goes through the region, he brings cameras. there are a lot of people trapped in their homes and need rescuing. and it is getting worse. it's hard to imagine on a sunny day like that. it feels like a respite. but those rivers have yet to crest, and that floodwater continues to rise. our thoughts are with them and maybe with the possibility people should move out of those storm zones so the federal government doesn't have to pay for everyone to rebuild every two years. >> that's a long-term

conversation. we are talking about record historic flooding in areas that probably have not flooded in a very long time. but people down river from these floodwaters, they are coming. listen to your local responders if they tell you to evacuate. even though the clouds have gone away, the floodwaters can pose a greater threat to your life than the landfall of that storm. kennedy: some day weenl able to control the weather. president trump said exposing fbi corruption could be his most of crowning achievement. i say declassify everything.

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kennedy: the president is proud of what he calls his crowning achievement which could be declassifying the fisa warrants. and when john brennan and adam schiff are in a grou group pantd you know you are in the right place. >> i think christopher wray and

dan coats as well as rod rosenstein overseeing this investigation should push back against any directive that will have negative impact on our capabilities as well as the investigation. they should continue to push push push. kennedy: are they in labor? if john brennan wants americans to divorce themselves from the notion of a deep state. they he should stop saying dumb stuff like that. adam schiff says i have been previously informed by the fbi and justice department that they would consider their release a red line that must not be crossed as they compromise sources and methods. agencies need to top hiding

behind sources and methods. because wants to with hold information that might ex poise as an ambitious fraud. and if schiff is concerned they abdicated their own power by concentrating too much of it in the presidency. schiff for brains. don't act outraged because you think power is being wield by a short-fingered simpleton. i would like to wrap d.c. in saran wrap. the test will facebook this president is eager to wear there is achievement crown top declassify documents when they are not common rating, personal or entirely favorable, that style still be sexy?

that's the memo. earlier this year republicans and democrats on the house intel committee put out dueling memos. so will the president's order to release these declassified documents get us closer to the truth. republican congressman and freedom caucus member andy biggs joins me. >> what a monologue, that was great. kennedy: what do we get from this declassification long term. >> you will get what would be a crowing achievement. you might get a cleaning up of the corruption at the highest levels of the fbi and doj. this is something that's bringing this nation down. in years to come that might be the crowning achievement of president trump even with all the other good stuff i think he's doing. kennedy: i think he's on the

right track when there are people in his ear who get him fired up about some of these abuses of power. so there are people like to john brennan who will never stop. he has resistance coursing his veins. i don't understand brennan's motivation. he moms longer c.i.a. director. >> he wants to stay relevant. and i think he literally just hates this president and he wants to delegitimize him every way he can. that's why you saw the corruption at these levels beforehand. they had a god-like thing. he like so many of those, comey and strzok and ohr and all of them, they had a god complex. they believed they could save us the american people from just an immature naive choice of donald trump as a president and he's

trying to do that today. kennedy: i think you are right. that is the thread that is woven throughout all of these narratives. it's all about selfish people feeling like they are better than the voters and they are better equipped to make decisions and the voters got it wrong. and their sensibilities have unfortunately been thwarted. but that's not okay. that's not how the system works. that's why the constitution was written in the way it was to economic on unfettered power. when the fisa court was created with the various layers that had been added over the years, there have been some lonely voices out there who have seen the corruption and potential abuse of that power. >> any time you have this -- i don't know if the course is

growing. we approved -- i voted against it -- we approved the fisa re-off. all of this broke afterwards. when you have a secret star chamber-like court where there is very little check on it. you can have abuse for political purposes is particularly egregious in our open american republican form of government. so this is just madness that we wouldn't demand more transparency. and we have to get these documents out. just to make sure we can clean it up as much as possible. >> it's sad we have to have a fight that's vocal and bloody for transparency. the health of the republic rests upon that. thank you for your stewardship. >> thanks, good to be with you. kennedy: president trump often targeted the quote deep state when going after the fbi and

justice department. but he told "the hill" he isn't a fan of the term. he says it sounds so conspiracyial. and believe it or not i'm not a conspiratorial person. does the deep state exist? the author of that book is on the panel tonight. and the panel is back. congressman chaffetz, is the deep state real? >> yes, it is. donald trump just said so. i tried to put a definition to what it is, and it is real. when i went to congress i didn't know if it was real. but there are groups of people who made a concerted effort to do what brennan said, that is push back. they are brazen, they will embarrass, they don't want exposure. they don't want accountability

and they rarely ever get prosecuted or dismissed as a federal employee. kennedy: some of the actors who are most of vocal seem very defensive. i look at john brennan. someone who is that defensive. tom perez or kirsten gillibrand. she wants to run for president. but for a former cia director to be this defensive looks like he's hiding something. >> i say hide the sources and methods. people risking their lives to get information for this country should be protected at all costs by everyone. i think we have far too much classified in this country. the public deserves to have more access than it does. the deep state, the difference

between deep state and professionals work with our government are two different things. this ambition counter acting ambition. it's also between the government itself. people who work for the government who believe in this country. kennedy: people who tblorkt government long term. >> first of all, when i was acting director at a top 10 agency. i was conscious every day all day that is was a steward of the taxpayer dollars. this me against the world syndrome has made so many of these talking heads forgets on the hill, forgets who they are working for. they are forgetting everyone who maid for them to be there. and every decision they made is on behalf of the taxpayers. but it dovetails in with who has all these questions? it's the taxpayers. kennedy: absolutely. they deserve to know.

that's why there are foia requests and so many of them have gone unanswered. the panel is returning after the break. an embarrassment of riches. president trump taking a major swing at jeff sessions. is the president gearing up to kick beauregard to the curb? mmi, fisher investments avoids them. some advisers have hidden and layered fees. fisher investments never does. and while some advisers are happy to earn commissions from you whether you do well or not, 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.

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kennedy: president trump likes jeff sessions as much as a cat likes a bath. but after trashing jeff sessions at "the hill," he claims he doesn't have an attorney general. he sort of walked that back on his way to the carolinas. president trump: i'm disappointed in the attorney general for a number of reasons. i am disappointed for many reasons and you understand that. kennedy: it's fueling speculation a change could be coming after the mid-terms. would the president really fire his favorite punching bag or is he just blowing off steam. emily, you are an attorney, you could conceivably do a much better job than jeff sessions.

>> i appreciate that. this an opportunities for the president to show solidarity and appreciation. the doj has undertaken extensive efforts on policies the president tasked them with. that includes border protection and the opium epidemic. i think that's being lost in the translaiftion those sound bites. kennedy: the president has been on more of a criminal justice tear. >> i think's there in name only. we worked well together when he cause senator. i was thrilled he was going to go in there. but when i actually went and sat with him and presented even bipartisan recommendations for prosecution, he said no i'm not going to do it. kennedy: why, because it's lazy?

>> there is a mentality, that's too close to the obama administration. i sat with him on a case and he said that's too close to hillary clinton. he said i don't do anything political, but i don't believe it. >> if the president wants to fire jeff sessions he should put on his big boy pants and do it before the election. that's why he's waiting until after the mid-terms. he's hiding because he's afraid of the voters. if the president is so strong and tough he should fire him right now. kennedy: then president trump should have fired loretta lynch for having a conversation. >> we liked fo -- we liked lorea lynch. are you going to say no, mr. president, you can't come on

my plane. kennedy: i can't talk about my prom night again. emily, jason and chris, thanks so much for being here. "topical storm" is next. stay put. - [narrator] at athene, we think it's time for the financial world to stop acting the same old way. in today's complex world, you need a partner that is driven to provide you with better solutions for these challenging times, one that is willing to disrupt the industry, and break free from conventional thinking. (thudding) we are a different kind of financial company. we are athene, and we are driven to do more.

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kennedy: torrential rain spilled 200,000 gallons of sewage on to the new york subway. at the end of the day it's nice to know washington, d.c. isn't the only place being plagued by leaks. grab an umbrella. this is the "topical storm." topic number one. we begin in westminster, california. where a police elevator keeps break. look at this fella. he was visiting the westminster p.d. when he decided to bust out the michael jackson. in 2018, somebody is watching me. unless you are on cnn. the department is being praised

for sharing the video. mostly because it's nice to see someone secretly recording people besides omarosa. topic two. in boulder, colorado, one of those fans are you hideaway -- one of those fancy hide aways where the fat cats hang out. he wandered into the lobby but he didn't stay long. giving away free food isn't the best decision when your entire state has the munchies. the only thing dumber is the government giving free healthcare to every one. any football fan can tell you the lions never make a comeback. topic number three. speaking of football.

nfl fans are flowing the challenge fan after the league announced maroon five will be performing at the super bowl halftime show. for those of you browns fans, the super bowl is the big game that takes place at the end of the playoffs. people are taking cheap shots at the band. but maroon 5's performance is a big win for the country. that means "the national anthem" won't be the only controversial music at the game. adam levine, i'm sure you will do great. i am just jealous because i have only been paid for my singing once. and that was to stop. to this day it was the best experience i have ever had in

the showies. topic number four. kiley jenner revealed she never had cereal with milk before. the internet is acting shocked. but to be fair, kiley never had lots of things before. for instance she never had someone copy her test and she has never had a job. kiley tweeted that she tried something new, you guys. the gals in her family are known for trying lots of new things. but when the internet found out it was cereal with milk they would not pardon kiley no matter how much kim begged the president. the cereal was cinnamon toast crunch. doctors are urging anyone who truly cares to seek help

immediately. in the end this is progress for the jenner girls. trying cereal with milk is better than trying to heal race relations with jay-z. a man riding his bicycle was recognized by police. he put the pedal to the metal. the sentencing date was set for november. he was in a surprisingly good mood when he left the police station.

we should let this michael jackson impersonator perform at the super bowl halftime show. it's better than a clown who claims he has the move like jagger.

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kennedyfbn@foxbusiness.com. i have got it a party set up for you. of course, you and that stunning white tuxedo you have been waiting to bust out, do it. [ crowd cheering ] >> he's got the big top, the sideshow, the menagerie. >> and you can almost smell the popcorn and sawdust. >> made by a master whittler. >> he never used a jigsaw. he never used a lathe. it was always a pocketknife. >> boy, this knife has some mileage on it. >> but it comes with a jumbo-sized burden. >> he would usually cry and he'd say, "barbara, i don't know what to do."i didn't know what to do either. >> and now the big reveal. >> are you ready? okay, here we go. >> wow. ♪