why? strength in underlying economy and enough up tick in the economy to push the market higher to the end of the year. [closing bell rings] liz: phil, always to happen to have you here. that will do it for the claman countdown. melissa: the dow reversing earlier gains after president trump rallied against unfair trade deals during the speech at the united nations ending the day down about 65 points there. near session lows. the s&p 500 also closing in the red but the green, before the nasdaq, i'm melissa francis. david: one in the green anyway. i'm david asman. we'll take it. glad to have you here. this is "after the bell." more on the big market movers. this is what else we're covering for you. this is a very busy hour. first of all president trump put the world on notice really, delivering a powerful speech at the u.n. to the general assembly. the president warning that america will not continue to subsidize countries and organizations that take our

money and then refuse to support us. we're live at the u.n. with the very latest. the president also doubling down on his defense of supreme court nominee judge brett kavanaugh today as he slammed democrats for playing what he calls a con game. this is as we're getting new details about thursday's big hearing. mob rule as protesters drive senator ted cruz and his wife from a restaurant in washington last night. could coordinated outbursts be one of the reasons why republican favorability is now at a seven-year high? we'll discuss. melissa: the dow ending in the red, dragged by shares of 3m and johnson & johnson. phil flynn watching big action from oil and cme. deirdre bolton on floor of new york stock exchange. deirdre we'll start with you. talk to me about wall street. >> as far as wall street you see numbers. red on the screen. renewed fierce of trade weighing

on sentiment. you talked about president trump really delivering that hard-line speech on trade at the u.n. some traders and analysts we're not worried about short-term consequences. we're worried about longer term implications. if i have a business with an international supply chain, does that mean that a year from now i just stop investing in new machinery or i stop investing in new equipment? so that is just the scuttlebutt from the floor. i will say as far as other groups, financials starting the day higher, we're waiting for fed interest rate decision. that comes tomorrow. if you look at fed fund futures seems like we're going to get a quarter after rate hike, quarter of a percentage point. you had bank of america, citi, jpmorgan chase, higher. as we know, as rates go up and we ask banks for money they lend us money. they make a little bit more in the higher rate environment.

normally good for financials. but they finish the day lower as well. i want to highlight tech movers. facebook finishing the day down. creators and founders of instagram stepped down. a lot of inside sources say, you know what? they were unhappy with the way that facebook was micromanaging their products. you remember this. facebook bought instagram for $2,000. instagram is worth $100 billion. instagram is important for facebook. younger people use instagram. instagram has not been marred to the same extent facebook has with data integrity scandals. facebook finishing the day lower. qualcomm and apple, qualcomm says apple stole its chip secrets and gave them to intel. qualcomm and apple used to be partners but they're now embroiled in more than 70

lawsuits and counterlawsuits globally. apple used to use qualcomm designed chips and modems to connect to mobil networks but now they use intel. that is part of the rift. they use intel hardware that would be fine tuned, that is helping the performance of chips in the new iphones. melissa a bit what happened here. back to you. melissa: love it. david: oil climbed the third straight day, closing 72 bucks a barrel up 20% for the year while brent crude nearing a four-year high. the president calling out opec at the u.n. today for failing to bring down price. >> opec and opec nations are as usual ripping off the rest of the world and i don't like it, nobody should like it. we defend many of these nations

for nothing and then they take advantage of us by giving us high oil prices, not good. david: i don't like it. phil flynn, do you like it? >> i don't like it at all, dave. i don't like market manipulation at all but we just heard from the united arab emirates they came out said, it is not us, the markets are driving prices. that is kind of a change from opec. we don't like that at all. donald trump has it exactly right. you know what? i think donald trump in his threat to the world say, hey, we don't like it, actually slowed down the rally. this was a rally early in the day, dave was gaining steam on reports that iran, that india had committed to go cold turkey off iranian oil. they would get down to zero oil imparts. donald trump spoke and kind of called out opec in front of the entire world and that eased off price as little bit. now there was also another very interesting report that kind of cooled down prices ahead of the

upcoming iranian sanctions. and that was a report about plains pipeline. the plains pipeline rushed to complete a pipeline by the end of october to get more of that oil that is backed up in the permian basin out to the global market, just ahead of the iranian sanctions. that is six months ahead. they are doing their part to keep prices cool. david: a lot of changes, thanks, phil, very much. melissa: president trump making comments during a speech at the u.n. general assembly today. take a listen. >> we allow foreign goods all over the world to flow freely across our borders, yet, other countries did not grant us fair and reciprocal access to their markets in return. we we are systematically renegotiating broken and bad trade deals. melissa: here is gary kaltbaum, from kaltbaum capital

management. a fox news contributor. and courtney from payne capital management. courtney, start with you. is he right? markets don't like hearing it. we don't know how much progress he is making. he is taking a tough stand. is he right? >> i think what is kind of interesting we finally had a week where china and the u.s. were not going to talk trade. now we're talking about the u.s. and canada. but it is actually not the first time that we've seen this. in the past the u.s. and canada has had trade negotiations gone down to the wire where they have to hammer out details. in all honesty i don't think trump is trying to go to a trade war. i don't think canada will do it either. i think at some point we come to a negotiation. especially by the midterms that will be a big win for trump. we'll see. melissa: speaking of win, gary, looks like he is closest to mexico, that would be the ironic first one to go in the win column. >> quite amazing and it is a start. i've been talking for weeks here, there is not one thing i

like about tariffs. it is a consumer that pays for them in the enbut if these tactics get us where fair is fair. there is a fact. we have been screwed for years in all a of these countries. there no doubt in my mind he is right about it. i just worry how he is going about it. the economy and markets? not affected by it, let's hope it stays that way. if things change, i am sure the president will change. david: let's hope. google ceo set to meet with republican lawmakers on friday to address allegations of bias against conservative voices in its search results. fox business's blake burman is live at the white house with details. hi, blake. reporter: david, republicans up on capitol hill will pose their questions to google's leader, he will be headed here to friday on capitol hill.

he will take questions as part of his tour with a couple dozen members of the republican conference. this comes as many republicans including president trump have expressed their concerns that google and other social media platforms, they feel, or at least they worry in some cases could be censoring conservative views. he released a statement earlier today, quote, i look forward to meeting with members on both sides of the aisle answering a wide range of questions and explaining our approach. the number two republican in the house of course is kevin mccarthy and he spoke about this issue with maria bartiromo earlier this morning. >> i'm concerned because 90% of all searches go through google. >> 90%? >> 90% of everybody drops off by the second page, so the first page matters a lot. the real concerns are conservative voices being able to come across. reporter: over at the department of justice earlier in washington today, attorney general jeff sessions, deputy attorney general rod rosenstein were part

of a group that sat down with state attorneys general from all over the country, republicans and democrats. the issue being consume every protection and data privacy as it relates to social media platforms, david. david: blake, thank you very much. gary, courtney are back with us. i can't help but think of ronald reagan's scariest nine word in the english language, i'm from the government and i am hear to help. when i hear the government coming into the rescue i think the situation will get worse, not better. >> i think this is just a matter of putting these companies on notice. i'm not so sure they will jump in and start throwing antitrust at them. look, there is no doubt with my mind with their words and their actions on the platforms there is a ton of bias. i have tested it myself, put in certain key words. all you have articles from the left. nothing from the right. david: will the government make it better, gary? >> look i don't know if they will make it better but i think they will put them on notice. they know the ever-reaching,

overarching government and big hand will come down on them. so maybe at least change the behavior that would be good news. david: courtney, i have no doubt there is bias at google, frankly i think it is getting worse and thank you new algorithms make it more worse than it was but i don't believe government is the answer. competition is the answer. you can put a spotlight on bias and do other things, whenever the government comes in i think the situation gets worse? >> that may be true, but bringing it to light. it is in headlines and putting a fire under these companies. this goes beyond politics right now. this is the heart of the issue a lot of people using these databases is. is it biased against certain opinions and what are they doing with our data? i'm more happy to bring it to light the companies will deal with it one way or the other. david: they are. there is competition. 90% is google but there is

competition. >> that is not competition, david. david: i know. i'm rooting for the little guys, gary. i'm rooting for little guys. gary, courtney, thank you very much. melissa. melissa: we're minutes away from hearing from the dow best performing stock of the year, nike out with first quarter results. we'll bring you the numbers moving the market tomorrow. we'll bring them to you as soon as they come out today. david: president trump firing back against democrats over the latest accusations against judge kavanaugh, that they're playing a con game before thursday's hearing on capitol hill. judge napolitano is weighing on on all this plays out. melissa: president trump saying looking out for their citizens first and pushing a hard-line against iran. we'll take you live to the u.n. for more on the president's speech and reaction next. >> we cannot allow the world's leading sponsor of terrorism to possess the planet's most dangerous weapons.

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melissa: breaking news right now. nike reporting first quarter results. let's go to susan li in the newsroom with the numbers. susan. >> sizable beats from the bottom line. shares are selling off close to 2% after hours. quickly run through this. profit coming out ahead of estimates, 67 cents. ahead of the 63 cents that analysts expected for the quarter. when it comes to revenue i was told a slight beat as well, 9.95 billion. that is higher than the 9.94 billion analysts penciled in for the three months n this environment when you're the best performing dow component there are high expectations. you have to really come out ahead. i will dig into some of the gee graphic revenue numbers. maybe that is why we're looking

at declines in the after-hours. back to you guys. melissa: susan, thank you. david: president trump putting the world on notice in a speech to the u.n. general assembly today. kristina partsinevelos is live outside of the u.n. with a wrap of the president's busy day on the world stage. kristina? reporter: yes, busy day indeed where he started his speech speaking about the strength in the u.s. economy. he defended his hard-lines when it comes to trade negotiations and also spoke about putting american people first. the focus of the speech was sovereignty. listen in. >> america will always choose independence and cooperation over global governance, control and domination. i honor the right of every nation in this room to pursue its own customs, beliefs and tradition. the united states will not tell you how to live or work or worship. we only ask that you honor our sovereignty in return.

reporter: after his speech him and several other heads of states and the u.n. secretary-general met for a luncheon where they dined beef and a chocolate dome with raspberry sauce. one of the people not invited to the lunch was president of iran. definitely when trump arrived here, he had president of iran in his sights, he tweeted out that the iranian president was or i'm sure is a lovely man but in his speech he actually urged other countries to join the united states in putting economic pressures on iran. listen in. >> iran's leaders sow chaos, death, and destruction. they do not respect tear neighbors or borders, or the sovereign rights of nations. reporter: the iranian president did also speak here at the united nations later on in the

afternoon and he he said, we'll play that probably within the next hour or so, he said the u.s. is trying to overthrow his government. that president rouhani also invited the united states back to the negotiation tables regarding the 2015 nuclear deal because he believes they can get both sides talking. so that is the latest from today. we know the security council meet something tomorrow. the president has several bilateral meetings as well with israel, japan and the united kingdom. david: the best show of the day was when the president was talking about corruption in the iranian government and showed the face of iranians while he was talking it, was priceless, absolutely priceless. kristina. thank you very much. >> we have the special ambassador for political affairs to the u.n. and nile gardiner, from the heritage foundation. thanks for joining us. ambassador holiday, let me start with you, what did you think of

the president's speech today? >> i thought it was an important marker. he was essentially saying what the united states believes is cooperation between sovereign countries is more important than creating global or super national institutions. i think that is an important distinction. if we're healthy, our economy is strong at home, we have strong borders and other countries have the same thing we'll have a more secure world. but i think it also questioned of course, how will we use the united nations? of course we know what we're against but we have to figure out how we want to lead within that international body jo nile, i thought he made the argument also, because he talked talked about the fact that the governing principle is supposed to be freedom. he says we respect other nations rights to worship as you like, have the customs that you like. you know to live as you like. that is your freedom. we have our freedom. and you know, he said all nations should be pursuing what

is in their own nation's best interests. he really made the case, that doesn't have to be pursuing your own best interests. america is still very generous. it doesn't have to be mercenary you're pursuing the best interests to exclusion of other nations and to hurt them. it was an honest assessment where everybody is coming from. you look out for your people, we'll look out for ours. we'll all respect each other's freedom. what did you think of that argument? no i think the theme of national sovereignty, self-determination was at the very heart of the speech by president trump. i thought this was a very powerful address by the president. it was very different i think in style and content to the typical u.n. address by president obama the last few years which were very confusing i think in their messaging an rather wishy-washy i would say. so president trump projected real strength and resolve in this speech. he set up the u.s. interests and made it very clear the united

states will respect the sovereignty of other nations but at the same time don't threaten u.s. national sovereignty. he made that clear to the iranian leadership today. i think iran was also a very big part of this speech, a very tough message sent to the iranian regime, designed as well directly to appeal to the iranian people who are increasingly standing up to their own dictatorship there. melissa: ambassador, that is where he took it next. he said, look at a the iranians. they are bad neighbors. they are not respecting borders around them. they don't respect their neighbors and they don't respect their own people to say the very least. that they're robbing their own people of the money that they need to sustain themselves. and that it is really as advocates of their people as well that we all need to get up together and stand up against the iranian power. did he make that argument in your mind? >> he did. i think, in the past the

argument has been made the nuclear issue and what iran does in the neighborhood in terms of intervening or threatening its neighbors in the region, that those are separate issues. i think what he has done sort of brought those back. it connects the sovereignty theme again. melissa: yeah. >> which you can't support groups like hezbollah in lebanon and basically maintain that you're looking out for the interests of your people. i think he is speaking as we've done in the past directly to the iranian people to drive the distinction how we feel about them versus the regime. melissa: no, absolutely. i mean what do you think, nile, what do you think that achieves and do you think the iranian people hear that message because we have so little information what's going on inside what they're hearing, what they're doing? we look to israel for a lot of that information but do you think they're hearing any of that message within iran itself? >> well that is a good question. i would imagine a lot of iranians would agree wholeheartedly with some of the

messaging from president trump today about the nature of the dictatorship in tehran. i think what you have seen since the imposition, reimposition of u.s. sanctions against iran, the iranian regime acting increasingly desperate fashion. it is in economic dire straits at the moment. a second wave of sanctions coming in on november the 5th that will target iran's oil industry. this is a regime in very deep economic trouble and there is growing public discontent in iran and this was a direct appeal to the iranian people who are increasingly unhappy with the iranian government. i think a very clever speech on many fronts actually today. it will have a long-term impact any ran. melissa: he did a great job making a argument this is not about religion or how you worship, you're open pressing your neighbors. we need you to respect each other's freedom and we'll hold you to that. it was an interesting day.

thank you very much. we appreciate it. david: good to hear frank talk at the u.n. you don't hear a lot of that. melissa: no, it is true. david: reason to celebrate on the right. a new poll revealing positive out look for the republican party ahead of the midterms. are violent protests by the left turning a blue tied against democrats? supreme court nominee brett kavanaugh breaking his silence. judge andrew napolitano is here whether to ask if politics is undermining due process in america. that is next. >> i have never sexually assaulted anyone, not in high school, not ever. ♪

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david: president trump lashing out against democrats with their calls for a delay and investigation into the sexual assault allegations against brett kavanaugh. here judge andrew napolitano, fox news senior judicial analyst. how worried are you, that the politics, no matter which side you are are undermining due process in america? >> great question because due process seeks truth. politics seeks impressions. so we won't know the truth. did he do it or didn't he do it at the end of the day thursday? whether he didn't or didn't do it will not determine whether or not he becomes confirmed. what will determine is what general impressions are. the impression, who is more credible, dr. ford, judge kavanaugh? david: isn't that why lady justice has blinders on, to keep out that prejudice? >> correct, yes, yes. to a certain extent what the president has said is correct. this has been a campaign of

vitriol the likes we have not seen since the clarence thomas days. justice thomas was confronted with a democratic senate. he did prevail by narrowest of margins. judge kavanaugh is confronted by narrowest margins, republican over democrat in this senate. right now it look as a little gloomy for him. thursday will be everything. i hope it is not a tragic confrontation because he is eminently, whether you agree with him on certain issues, i disagree with him on the fourth amendment, but other things he is eminently qualified. david: the bottom line is, is that the presumption of innocence at least on the side of the democrats is gone, totally gone. >> this is as american as apple pie. anglo-american. it goes back 600 years. the democrats themselves argued for this, except when it is inconvenient for them which is now, the democrats goal is absolutely clear, to delay the process. the goal is not necessarily to question the integrity of judge

kavanaugh, as much as i think it is to delay the process through the election so that if they win the senate, we will have a divided supreme court for two years. >> yes? >> if they win the senate, they will garland a new verb, whoever president trump nominates. you know what i mean by that? >> i do. i do. >> fail to consider the candidacy as the republican did when president obama nominated another qualified judge, merrick garland. david: talk a little bit about kavanaugh's appearance last night on fox news channel with martha maccallum. play a sound bite from that, and get your reaction. go ahead. >> we're looking for a fair process where i can be heard and defend the, my integrity, my lifelong record, my lifelong record and promoting dignity and equality for the women, starting with the women who knew me when i was 14 years old. i'm not going anywhere. david: very emotional defense by

judge kavanaugh. how do you think he did? >> i thought martha's questions were better than his answers. i understand why he was self-restrained in the answer. what do you think at the bottom of this. we all know what is the bottom of this. it is roe v. wade. he will no the say that, that will open up a can of worms. he did violate a basic principle of criminal procedure 101. david: which is? >> don't deny something until after your accuse hears spoken. this is -- look at -- david: what should he have done? >> nothing. until after -- david: you think the interview was a mistake? >> yes. i'm not one of his handlers and not counting knowses in the senate. i don't mean to demean them. people in the white house responsible for getting him confirmed. they can count noses better than i am. we will not know the gravity or credibility of the allegations until we hear her testimony. she may not even show up. which case last night was a waste. she may show up and she may be forceful. he must be more forceful tan she

was. he must be like clarence thomas was, to anita hill had. at the end of the day there was no question that justice thomas was believable, more believable. david: i have to tell you, my wife and i watched that together. >> you were moved by it. david: we were very moved by it. >> you have a big heart, david. david: he has a big weight on his had shoulders. >> no human should go through what he is is. these are the times that try us and test us. david: judge napolitano. thank you. melissa: stern message for the gop. rush limbaugh's stark warning for republicans if they fail to confirm judge kavanaugh to the highest court. forced out by resistance. ted cruz and his wife forced out by anti-kavanaugh protesters. have things gone too far. >> we believe survivors. we believe survivors. ♪

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no we believe survivors. we believe survivors. >> please skew. >> way hotter than dued. >> we believe survivors. we believe survivors. >> let my wife through. david: senator ted cruz and his

wife being forced out of a restaurant by a screaming mob, something like democrats, maxine waters suggested their followers do whenever possible. here is madison gisoto trump campaign advisory board member and campaign communication. >> great to be with you. david: maxine waters. she asked for it. she came right out and told her followers this is exactly what you should do. isn't there a political price for it? >> i think al appalling when she said it. i think it can potentially get worse and can become more dangerous. that is what concerns me about this we want people to exercise their right to free speech. i don't believe -- david: this goes beyond. this is actually, questions about whether it is illegal, what they're doing in a private restaurant like this. shelby steele, a great writer. he wrote in the "wall street journal" yesterday about the left's obsession seems now with violence to pursue their goals. he said, the great crisis for the left today, the source of

its angst and hatefulness, is its own encroaching obsolescence. they're flailing out now because they're becoming obsolete. what do you think? >> they have no clear leaders. they have no clear message. they're losing. we've seen it time and time again this year with the special elections. i anticipate there will be a red wave in november, not a blue wave. i think democrats are going crazy over this. they lost in 2016 i think they're still upset about this. david: in fact republican favorability right now is at a seven-year high. now at 45%. that is an increase of 9% from last year. >> not only is it at a high. they're also higher in their favorability compared to democrats. democrats have lower favorability percentage. people are happy with what the republicans have done specifically under our president with the economy. david: let's talk about that. today yet another economic index is at a, not at all-time high but 18-year high. consumer confidence, 138.4. that measure is at an 18-year

high. should come no great shock americans like sievety, and they like prosperity. they don't like the opposite. >> they love civility, and prosperity. i'm from the midwest, ohio originally. people are really excited about these numbers. they're excited about the tax cuts and excited about the money coming in paychecks and raises, things like that. this number is one of many that we've seen. it is benefiting everyday americans across the nation. david: i'm wondering whether the kavanaugh hearings will be another example. if those get out of control. remember what happened, protesters were kicked out practically every minute of those hearings. if that happens again, i think more evidence that america is becoming less civil on that part of the political divide. >> exactly. people are appalled what is going on in these hearings, what they have been doing to future justice kavanaugh. a lot of people who have been victims in this country of sexual assault and rape. they feel insulted what a lot claim to be false allegations. all of us have men we care about

in you are life, fathers sons, brothers, we want them to be protected just like women. that is not what democrats have done this. david: madison, thank you very much. melissa. melissa: breaking news. this afternoon bill cosby has been sentenced to three to 10 years in state prison for a 2004 sexual assault. he was convicted five months ago of drugging and molesting andrea con stand at his philadelphia home. he did not make a statement in court. constand is about 60 women who accused cosby of sexual misconduct. david: david: how escalating tensions between the u.s. and china are hitting farmer's bottom lines. connell mcshane is on the ground in iowa coming next. ♪

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melissa: feeling the pinch. soybeans prices are down 25% due to president trump's tariffs on china. farmers are expecting a hit. connell mcshane live from a soybean farm in ogden, iowa. connell did you select extra disability insurance because we're looking at height and the wind blowing around. are you doing all right up there? reporter: i'm holding tight. this is god's country as they say. ron heck, our farmer friend who had us out couple times this year. what is this we're standing on? >> one of the catwalks that connects the top of the bins. we're up 50 feet up. reporter: good time to ask the question. pretty safe, right? >> first time we've been on it. i hope it is pretty safe. reporter: sense of humor. why we came out here to talk to you. there is iowa state university study said your industry can make 500 million plus dollar hit as a result of this trade war going on.

how bad are things right now for you? how much are you struggling? >> right now i'm in my harvest mode. i'm working trying not to think about it too much. if these prices persisted it would be a serious problem for all farmers. the money is just gone. we couldn't pass it around to our machinery manufacturers and our suppliers and our bankers pay our bills. reporter: we'll see how it goes in terms of working out a trade agreement. we were talking earlier and you told me, yeah, president trump is upped the ante with this trade back and forth but you don't blame him for the whole thing, do you? who do you blame? >> i don't. the dispute started about other things and china decided to turn it into a food fight. the united states has learned the hard way that is not a good thing to do. i don't think the chinese consumers would be happy to know they're paying over $200 billion a year more for food because of their government policies. reporter: good luck obviously with everything. thanks for having us out there. dave, melissa, i don't want why

i'm talking toward you. that ups the ante and the risk. show melissa these beans. i will bring some back for you. a whole trade war, a big trade fight over these little things. what were you saying, i'm sorry? melissa: you could have gone higher there but seemed like, no shame or anything. reporter: really. melissa: looks a lot more relaxed than you. you look a little nervous. we'll keep talking see how you are doing. i'm kidding, connell. i love you. get down, get down quickly [laughter] thanks, bye. oh, my goodness. david: well we have to get a little more serious here because they are bracing for more flooding down south. authorities urging as many as 8,000 people in south carolina to evacuate potential flood zones ahead of a record event of up to 10 feet of flooding expected to begin today. they got a lot of bad weather coming for the next four days. it comes just 11 days after deadly hurricane florence caused disasterous flooding in the

carolinas, claiming at least 43 lives. they're getting more of it. melissa: a grand old warning. the fate of judge brett kavanaugh hangs in the balance. a major voice in the republican party is sounding the alarm on the repercussions if the supreme court nominee is not confirmed. ♪ 300 miles per hour, that's where i feel normal. i might be crazy but i'm not stupid. having an annuity tells me retirement is protected. annuities can provide protected income for life. learn more at retireyourrisk.org annuities can provide protected income for life. but some give their clients cookie cutter portfolios. fisher investments tailors portfolios to your goals and needs. some only call when they have something to sell. fisher calls regularly so you stay informed.

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>> if the republicans do not get this vote taken and have kavanaugh confirmed, you can kiss the midterms, you can kiss good-bye holding the house and kiss good-bye holding the senate. melissa: strong words for republicans. judge brett kavanaugh and his accuser expected to testify on thursday with the senate judiciary committee. with key gop senators waiting to hear from both before deciding

to confirm kavanaugh to the supreme court the. will he have the votes in the end. here is chad pergram, capitol hill producer. right now it would be foolish to say whether you were going to vote yes or no if this hearing is going on. you have got to hear what is going to happen, yes? >> absolutely f these allegations had not come out you probably would have cavalcade of republicans announcing their viewpoints on voting for or against brett kavanaugh. but if you were to take a vote right now because you do have those undecided, unpledged votes right now, he doesn't have the votes. now i asked the senate majority leader mitch mcconnell if he thought he would be confirmed a few days ago. he said they were going to plow through. he is not going to be long until he is justice kavanaugh. he tempered that a little bit yesterday when he said that wait a minute, he said we will have a vote win or lose. i followed up with mcconnell today. win or lose. we're going to win and he will be confirmed in the near future. i followed up a question to minority leader chuck schumer.

he said i believe there is a chance once the facts come out judge kavanaugh will not be approved. senators from both sides want to go through this hearing to hear what they have to say. look at four republican senators who are on the fence. jeff flake, i would look at bob corker, lisa murkowski of alaska, susan collins of maine, if they doesn't have the hearing it would be very hard to get at least three or four of these senators on board, if not all four, melissa. melissa: do you have any sense, i know people on both sides totally dug in. so that is that but for the folks in the middle, do you have any sense if they watched interview last night, if it had impact on them? >> i think most senators were watching this interview. i was hearing some reviews from some lawmakers that they didn't think he importanted very well. at the end of the day they want to see what happens on thursday. this will be a big hearing. biggest news on capitol hill today word of outside female counsel for republicans on the committee who will pose questions. we don't know her name right now. chris coons, democrat from

delaware who is on the committee, he said, why should they hire an outside gun? these are senators they ought to be able to ask questions. dianne feinstein top democrat on the committee asked directly by fox, whether or not christine blasey ford will come, she said i really don't know. melissa: those are my next two questions. first they didn't think he performed well. it was painful. he was in tears. it was gut-wrenching. can what didn't they think he performed well about? >> it was optics to have him there with this wife. that shows he is not talking head automaton coming before the hearing t put as personal side. he will get fierce questions specially from democrats on thursday. at the end. day if you have to go on national television when you're a supreme court nominee, it is pretty clear you don't have the votes. melissa: back to that idea of is she really going to come, i'm in the camp thinks this may be a stalling tactic. i feel like they keep moving,

first she will only come if she is not questioned by senators. so they arrange that. now her side says, why is she being questioned by this outside person who is -- kind of, it seeps like we're going to get up to the moment and push it as far as you can, they will say, we didn't like the conditions so we're not coming. there are, are there others in that camp are as suspicious as i am about this actually happening? >> melissa, there is old saying here on capitol hill, i've seen it with legislation, trade deals, tax bills, government shutdowns, nothing is agreed to everything is agreed to. we're probably 70% of chance of a hearing come thursday. melissa: yeah. absolutely. you've been around for a long time, real quick. you think he gets confirmed, yes or no? we won't hold you to it? >> it's a jump ball, jump ball when you look at the math. it could be one vote one way or the other. melissa: chad, we love hearing from you. he is a guy knows everything going on. david: it is kind of interesting. he said it's a nail-biter. he doesn't know what the answer

will be. we'll have to watch. first they came for the housing market. then the department stores. now millenials are disrupting a another major industry. we'll tell you what. for these challenging times, one that is willing to disrupt the industry, : we are a different kind of financial company. we are athene, and we are driven to do more. brbut how will his dentured to thicope with... a steak. luckily for brad, this isn't a worry because he's discovered super poligrip. it holds his denture tight and helps give him 65% more chewing power.

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. >> waiting to tie the knot. millennials are causing the divorce rate to plummet falling 18% from 2008 to 2016 according to a new study from the university of maryland. >> researchers say it's thanks to the younger generation being pickier about partners and delaying marriage until career and finances are stable, crediting millennial women for the decline. you would think this is good news, but a lot of people are saying this is bad because it's going to cause inequality. i'm quoting one saying feuer divorces is america's widening chasm of inequality. it's good news! appreciate it and enjoy it. >> how do you find the dark

cloud around the silver lineing. >> always somebody to do exactly that. i'm discounting all of them. i like the good news stories. >> we love it, too. thank you for joining us here. that does it for us this evening. >> "the evening edit" starts right now. >> i have made up my mind i'm voting against judge kavanaugh. i also believe dr. ford. >> i think it's really important in this time and day that we ready when women speak out, we should presume they are innocent. >> he has a chance to be one of the greatest justices ever in the united states supreme court. what a shame. and what a shame it is to so many other people whose world that isn't. it's not his world, not their world. these are legitimate people, they're not in the world of con, and the world of obstruct and the world of resistance. liz: is the woman who