andrew mccarthy and chris farrell among our guests tomorrow. thank you. good night from new york. see you tomorrow. kennedy: it comes amid word judge brett kavanaugh's first accuser may no longer wants to testify and there will and committee vote friday morning. kavanaugh and dr. christine ford are due to speak to the senate judiciary committee thursday, but not together. her attorney said they do not like several of the republican conditions but the clock is ticking. there is a new accuser every day.

today the president drew a line in the sand. president trump: i think he's a wonderful human being. i think it's horrible what the democrats have done. it's a con game. they are con artists. they don't believe it themselves. they know he's a high quality person. it's just resist and obstruct. they are playing a con game. they play it very well. they play it much better than the republicans. kennedy: and he spelled it out. yesterday judge kavanaugh made a similar claim saying quote these are smears pure and simple and debase our public discourse. but they are also a threat to any man or woman who wishes to serve our country. so grotesque character assassination if allowed to proceed will dissuade good people of all political

persuasions of public service. here is senator kristin gillibrand on cnn. >> i heard from bothr both sides and i bleach christine blasey ford and miss ramirez. you have women telling these stories about what happened to them. and credibly accusing judge kavanaugh of violent behavior, of sexual assault, of behavior that is disqualifying. kennedy: she actually said they are credible because i believe them and they are credible because i leave them. but according to mitch mcconnell the roadblock won't work. he says he's confident judge kavanaugh will be confirmed.

senator, how do you feel about this so far? what does your gut tell you about thursday's testimony? >> i was in the east wing of the white house july 9. that was the evening when president trump revealed his pick, his nomination for the united states supreme court, judge kavanaugh and his wonderful family. hours after he revealed his pick the democratic leader chuck schumer was on television and let me quote what he said july 9. he said i am going to fight this nomination with everything i have got. that's not exactly an open mind. this is a smear campaign. this is trial by tabloid. that's what's going on. there are no substantive allegations, there is no corroborating evidence, there is no time, no place, no corroborating witnesses. at that point you say they don't have a case. if you saw the letter judge

kavanaugh wrought last 48 hours. he's eager to come before that committee thursday to clear his name, to clear the name of his family and clear the institution. this has been a blemish on the institution of the process the judiciary committee of the united states senate and the supreme court. kennedy: it is chaotic and distracting. ed the problem for republicans, especially those sitting on the fence is dr. ford's testimony. if she comes across as credible and she connects with members of the committee and more importantly people watching at home, and if judge kavanaugh comes off as defensive, what does that do for his nomination? >> both sides need to be heard thursday. chairman grassley of the judiciary committee has moved

this haho -- moved this hearing twice. he offered to fly staff out to california to interview her face to face to make it as comfortable for her as possible. they asked for another delay. that's not going to happen. we'll hear from them on thursday and then we'll vote. kennedy: there is anything she could say in her testimony that would affect your vote? >> i strongly stand with judge kavanaugh. i heard about 65 different interviews he had with senators already one-on-one. and opinions he has written in the last 12 years in the miest court in the land. i will listen to the testimony of dr. ford and judge kavanaugh.

but there is not a single corroborating witness at this point. so without specific time, place and corroborating witness, you have a presumption of innocence. kennedy: there is no presumption of innocence for democrats regarding judge kavanaugh. what would you say to susan collins? it seems to boil down to her vote and it seems she and senator murkowski are wavering. >> the attacks on susan collins from the left in maine have been horrendous, and i compliment susan collins for staying above that. i have great respect for her and she'll have to evaluate what she hears. er witness in that letter from july 30. er witness came back and said there is no corroborating evidence. they are saying i don't know

judge kavanaugh. i have no recollection of that. if dr. ford does come to testify it will be what judge kavanaugh says, versus dr. ford. we are a nation that presumes the presumption of innocence. kennedy: i agree with that. and a person has a right to answer their accuser. let me ask you this, and i want you to answer honestly. if there were iphones when you were in college, would you be a senator? >> i would. kennedy: why wouldn't the president nominate you for the supreme court? >> my chief of staff said he recommended you better burn your yearbook and drown your i phones, they are permanent digital records. i am grateful judge kavanaugh having served for 12 years on the second highest court in the land.

that record speaks volumes. kennedy: i would never be elected to high or low office. and i was sober throughout my he tire time at mtv. but i want to take this opportunity to apologize to that goat. the left is fighting back against what they perceive to be attacks against judge kavanaugh and his accuser. senate minority leader asked mitch mcconnell to apologize for labeling her allegations a smear campaign. >> leader mcconnell owes an apology to dr. ford for labeling her allegations a smear job. he should apologize to her immediately. if you believe these allegations are part of a despicable smear job, why don't you call for an fbi investigation?

kennedy: senator dianne feinstein told fox news she has no way of knowing whether christine blasey ford will testify thursday, but she is still slamming republicans for scheduling a vote issuing a statement saying for republicans to schedule a vote orfriday two days before christine blasey ford has had a chance to tell her story is outrageous. is there any way the republican party can come out on top or is it a big fat race to the bottom. peter suderman and coauthor of "america in the age of trump," and fox news contributor, jessica tarlov.

i think we are painting so much of this with a broad brush. i don't think dr. ford is lying. i think what republicans are referring is the late stage revelation of this and how that feels dirty and that adds up to a smear. and there is unfairness perceived on both sides. >> it would be great if they would articulate it that way. we have been talking about the need to be articulate when you talk about the me too movement. but listening to senator deans and chuck grassley and mitch mcconnell the last few days, i'm not sure they feel that way. when you asked them the question, is your mind made up, they talk about how much

integrity brett kavanaugh is. i think they think the longer this goes on, the more information that could come out and the more dr. ford's testimony could seep into the american psyche. come into that with an open mind. only 8 republican senators are still on the fence with this. the rest without having listened to her accusation have decided she's a go. kennedy: i don't think she shows up. there is so many wiggle room her team of lawyers created. i think part of that is her trepidation and anxiety. i think she no longer wants to be in the center of the story. if there is a defense lawyer well-versed in sex crimes they could take her story apart. >> i think what's clear is ford and her lawyer and democrats

want to draw this out as long as possible because they believe that that is good for them and for their case. at every single point we have seen them try to delay the hearing, try to extend the time before the vote. so why would they be doing that? that's a question we should be asking. before even ford came forward democrats were looking to delay this to keep the senate from voting for as long as possible. the reality is this has become a fairly ugly partisan football match in which everyone is seeing these allegations as not allegations of sexual misconduct, but opportunities for a partisan victory. it's unpleasant and unfortunate. kennedy: you have got two people's lives in the balance who without a doubt will be altered beyond repair.

>> i think it's concerning. if this is a false allegation brett kavanaugh's life could be ruined. kennedy: what if she's innocent? >> i think it will be difficult for him to come back from this. if he goes on to become justice kavanaugh. but a lot of people will always believe this. we have seen this. kennedy: i don't think there is anything that happens this week that he's able to shake. i think like clarence thomas she'll take this with him throughout the rest of his career. >> it will be worse than judge kavanaugh than it was for judge thomas. kennedy: it wasn't sexual assault, it was sexual harassment. >> the allegation made against him is from the early 1980s. so there is the time continues involved.

>> the media as well the way it spread to so many people quicker than it would have in the 90s. kennedy: if you voice an opinion either way of the people who try to find you online on social media it's incredible. that's where political discourse has gone. i don't know how we get back from that. i don't think president romney is going to magically heal our risks and wounds. will dr. ford show up. make sure you tune in to fbn thursday for live coverage of the brett kavanaugh hearing. bill cosby is going to prison for sexual assault. for how long will they lock him up? president trump defending

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kennedy: president trump took his tall epts to the united nations general assembly where he touted his america first

policy and dished out tough love for iran. president trump: we cannot allow a regime that threatened israel with annihilation to possession the means to deliver a nuclear warhead to any city on earth. we ask all nations to isolate iran's regime as long as its aggression continues. kennedy: very monotone. the president says iran must improve its behavior if they are going to partake in any negotiations. when he wasn't scrapping with iran the president was touting his accomplishments at home. but there was a bit after hiccup. >> in less than two years my administration has accomplished more than almost any administration in the history of our country.

america's so true. [laughter] president trump: i didn't expect that reaction, but that's okay. kennedy: who will get the last laugh between the president and the rest of the world? former senior advisor two president trump. christian whiton is here. >> they laughed after he went through a list of accomplishments, low unemployment and stock market at an all-time high. the u.n. is full of socialists and thugs. maybe they would like for what trump has done for america to happen in their countries. kennedy: what you are saying is they are just jealous. >> he took jabs at elite i am.

he was condemning elitism. he took a fairly conciliatory approach saying we don't want to tell people how to live or how to worship. but the global elites probably didn't love it. kennedy: they want to trample on our rights so they have more money and power. what we have learned from iran is you can't put the toothpaste back in the tube. and $1.7 billion is a lot of toothpaste when you are flying it over on palettes of currency. >> trump did talk about north korea and was conciliatory

though making the key point, promising not to let up on sanctions until north korea hand over the key parts of its nuclear program. he knows the south korean allies are much more willing to give economic assistance before they hand over the goodies. but not going to put as you point out palettes full of cash on a plane in the middle of the night destination pyongyang like john kerry did with iran. kennedy: john kerry needs to stay out of everything. speaking of hawks in an anti-interventionist administration. nsa john bolton is fired up. >> bolton is hawkish and a big believer in american sovereignty. he went out of his way to say we don't have a regime change

policy with iran. we have a policy of putting them back in a box. but with all of these countries leaving the door open if they want to cut a deal. you have to ask the question, what is all this leading to. sanctions on their oil business. that goes into effect for u.s. companies and consumers and for those around the world. so those are going up and up and the question is what does it lead to? and hopefully iran will. kennedy: we'll see what happens. i know the president elicited some giggles but his speech was not as widely derided as it was last year. next year they might politely applaud. >> they will be saying there is too much winning. kennedy: they will be sick of it. another huge story, lost in the

shuffle, america's dad. bill cosby. a musty jail cell waiting for him. tonight sleeping in a pennsylvania prison after a judge sentenced him to 3-10 years behind bars for sexual assault. reporter: bill cosby eligible for parole after three years. in april he was found guilty of three counts of aggravated indecent assault. the jury believed the evidence that he drugged and assaulted andrea constand. the decision means that he'll have the label sexually violent predator for the rest of his life. that means cosby will have to undergo lifetime counseling and report to authorities quarterly. his name will go on a sex

offender registry. his victims and 80 others who accuse him of sexual misconduct say good. >> i wanted 30 years. but i'm very happy to know mr. cosby will do time in prison. reporter: the prosecutor says justice is served and acknowledged the hardship of the women saying bill cosby can no longer hide behind his made-up tv character. he was led out of the courthouse in handcuffs. kennedy: rod rosenstein has some he can blank to do. he says he was joking about recording the president. some republicans aren't convinced. they want him to testify under oath on the hill.

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keytruda, from merck. ask your doctor about keytruda. kennedy: if presidential disgruntlement were an olympic sport, rod rosenstein would be in the hunt for a gold medal. rambling rod is sessions

stand-in. he was so torqued by the president he wanted to wear a wire to catch the commander spouting trumpisms to invoke the 25th amendment. before he went full omarosa many in the room told him to bring it down. the freedom caucus want to bring him before the house judiciary committee to prove whether rosenstein was really joking. rod rosenstein must be compelled to tell under oath his favorite joke. and if he can do it convincingly he'll not be fired. then he'll be grilled on his continue backside for being such a weeny. then he must produce the documents that exonerate or

condemn rod. not contraction that allow the powerful to slime their way out of desperately needed accountability. rod, ifed the job don't fit, you must quit. that's a memo. the "wall street journal" reporting president trump is open to keeping rosenstein on the job. but some of the president's allies in the house are still considering bringing articles of impeachment against rod rosenstein if he doesn't testify before congress this week. should he stay or should he go. let me ask a member of the house judiciary committee. louisiana congressman mike johnson. welcome, sir. what would you like to ask ramblein rod rosenstein. >> transparency is important.

and for all intents and purposes we believe rosenstein has been stonewalling us. we have been asking for documents related to the russia probe for over a year now. many of the documents that have not been forthcoming including the mccabe memo and things related to the peter strzok-lisa page paramour. all of these are related to us in our oversight responsibilities and all the bucks stop at rosenstein's desk. kennedy: why has the president not pressed on his calls to release the information you just mentioned. >> if he presses too hard, then his opponents the democrats will say he's trying to interfere with the mueller investigation. i don't think that's true. i think desperate times call for

desperate measures. kennedy: do you think rod rosenstein and jeff sessions should both go? >> we are at a critical point. i think the american people have had it with the muter investigation. we have seen the evidence, everybody knows that. it needs to wrap up so people don't have to lose their jobs. if they continue with this charade i think we'll have to take desperate measures and i think it would be appropriate. kennedy: it does feel like a charade. it's not just here i would like to see transparency. i would like to see government transparency across the board. it's something i long for. like cutting spending. it's one of those things i think is so necessary for a healthy country. it's so easy for people who have been in power in these jobs that are not elected. they have been there for a long time, and it's how they preserve their power. unfortunately there has been

abuse of that power and erosion of trust. how do you regain that trust from apathetic americans. >> by continuing to drain the swamp. we have career bureaucrats that are a big part of the problem. when we have oversight as we do on the house judiciary committee, we have to exercise it and take it to the next level. i think the american people are demanding that, they deserve it and want that to happen. i think the next couple months it will be pivotal to determine whether this area of the swamp can be drained. kennedy: is there a rivalry between the freedom caucus and the study committee? >> no. we are looking forward to the work that needs to be done between now and the 116th congress.

my aspiration is to represent my district and the people of my state. i think we have a lot of important work to do. kennedy: congressman, thank you for your time. >> thank you. kennedy: the president does have a tendency too change his mind. firing rosenstein will make chuck and nancy's heads explode. would that be a bad move? the panel is back. there are some risks to firing rod rosenstein. who do you think is a bigger liability if the president cuts one of them loose? >> i think he can get rid of both of them, i don't think it will hurt him that much. kennedy: i don't have a problem 86'ing jeff sessions. where do you fall, mr. liberty? >> i think that jeff sessions is on the one hand the best expression of the trump agenda.

also, one of the biggest flaws and problems in the trump administration. it's weird that i think trump coming up saying maybe we should legalize marijuana. i think he's doing it to poke sessions. the galaxy brain theory is we need jeff sessions in place so trump will legalize marijuana. i think there are big -- what i think is there are big risks to firing either of these guys. big risks politically within his own party. we have seen prominent republicans saying this mueller probe should keep going. the only thing that would worry me would be if trump fired rosenstein or sessions and appeared to be attempting to stop this in its tracks.

kennedy: this is from the "new york times." this isn't from the washington times. the new york times standing by their story of rosenstein saying this guy is a real a-hole. do you want to wear a wire? we should all wear a wire. >> i think of my boss right now. he does love me, but i am pretty sure he would have fired me. he can't make a move in the next six weeks with the brett kavanaugh situation going on. he has to hammer how good the economy is. kennedy: would it be a brilliant move to blow that dog whistle on monday. >> i think there is very little

repercussions to getting rid of jeff sessions. i think rod rosenstein is more a serious offense to those trying to protect the probe. kennedy: i have taken all of your accounts into consideration and i agree with madison. get rid of both of them. thank you also much for being here. keep it right here all day thursday for full coverage of rod rosenstein's meeting with president trump. thursday will be so busy. get some popcorn. you are about to meet two of the biggest bad asses the world has seen. that's no joke. that's next.

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kennedy: president trump today restated his desire to insure peace through strengths at his speech in the u.n. no one knows more about that concept than my next guests, former navy seals and the

authors of the dichotomy of leadership, jocko willink and leif babin. your principles of leadership, people loved hearing your stories about your drive and learning. but there is a great application to running businesses and leading crews throughout life. you talk a lot. there is a balance between caring and leading. when i saw one of your seminars here at fox. you both got choked up talking about some of your fellow navy seals, some of your fallen comrades. it's tough balancing that. having to lead a group of people but still being emotionally invested in them. >> it's called "the ultimate dichotomy." you have got the guys on your team you worked with, lived with and trained with and you love them more than anything in the

world. but as a leader you have a mission and everyone on the team wants to accomplish that mission. and you will be putting them into harm's way where they could get wound or killed and one when of them.fall, it's hard to deal with. kennedy: one of the things in the bike love as a lover of liberty is decentralized command. many people think of the military and special forces as being top down and centralized. how do you take the principle of decentralized command and infuse it into your workplace? >> the most of effective teams, centralized. one leader trying to do everything. we see some leaders who think the idea of extreme ownership is i control everything. but you can't do that. you have to have decentralized

on the battlefield and it's no different with business. what's required is the team understands what they are doing and why they are doing it. if the team understands why, leaders all the way down to the front-line troopers. if they understand why, they will be able to go out and execute. kennedy: i was talking to a woman at the bank today because i lost my debit card. when i think about the economy and tax cuts and families, it's the brave people who want to go out there and use their creativity and the little capital they have to start something new. what do you tell someone who is on the fence about starting a project like that? >> they better be ready to be the person who answers all the questions. you know how many hours a day you work when you own your own business? 24.

and our first book was called "extreme ownership. " and when you own your own business there is nobody to blame it on. you have to make things happen. kennedy: and you have to be careful who you bring on your team. when you tell people about hiring someone. how do you know this is a person you can become invested in. >> the mistake people make is they look for experience. they think if i hire someone with experience in this field i can plug them in and i won't have to give them oversight. what you should look for is the attitude, the mindset. someone who is default aggressive. that means proactive solves problems. and that person will quickly learn and understand what they don't know if they are humble. that's another quality you should look for.

kennedy: the bikes amazing as are these two gentlemen. dichotomy of leadership. get a company for all your friends and family. you should give them out instead candy. thanks so much. great to see both of you. continued success. the "topical storm" is next. where's gary? 'saved money on motorcycle insurance with geico. goin' up the country. later, gary' i have a motorcycle! wonderful. ♪ ♪ i'm goin' up the country, baby don't you wanna go? ♪ ♪ i'm goin' up the country, baby don't you wanna go? ♪

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kennedy: a robbery suspect led police on a high-speed chase only surrendered after he was swarmed by a group of mosquitoes. he was caught in a sting operation. this is the "topical storm." let's go to atlanta where we begin tonight and used car prices are falling fast. the good news is the driver this car is a-okay. the bad news is his uber passengers are going to destroy his rating. the man claims he got distracted and overshot the parking barrage. police say that's hard to believe. following the incident the man

thanked first responders and announced he's selling a used hyundai. he says it has very low mileage base only used to it drop in on friend. you should always ask to see a car fax. the philadelphia flyers suck. and they unveiled their new mascot and it's called gritty. apparently why ity had a nicer ring than drunken horse punchers. though he looks like chewbacca's chubby brother, the truth is he has zero interactions with the force. he made his debut last night. not only did he slip on the ice, he accidentally shot a fan in the back with his t-shirt gun. the internet was divide over

gritty with some calling him adorable. others saying he looks like a muppet who gets paid in cheese freeze. and if you google it, every story is about michael moore. topic number three. i'm moving to canada. my grandpa is there. ihop is getting into the beer business. and the company assured us this is not some type of cheap publicity stunt like ihob. the companies partnering with the new york brewery to make pancake flavored ale. yum. you don't go to ihop for alcohol. you go to ihop when you already drank so much alcohol, it's either pancakes or rehab. getting a beer at ihop would be like smoking a joint at taco

bell. that's what got you there. they ask that you refrain from driving or employing a costume design for fear this could happen. they are gritty. google, googly eyes. he doesn't have time for pancake beer because it's too busy making little kids try. stop waving that thing around, you pervert. the parent company of arby's and beautiful wild wings is buying sonic. the sale price is estimated at $2.3 billion. but they can get it for half that after 8:00 p.m. inspired brands is snapping up the sonic locations. and they don't plan to make change a thing about the company. if you like getting diabetes from people on roller skates,

this fist your super bowl. sonic is by far the country's biggest drive-in chain. choa chipotle is responsible for more gas. finally, topic number 5. let us salute the pennsylvania man who managed to drink and drive and hit a grossy store. needless to say this is not what the doctor meant when he told him to go on a crash diet. that's 55-year-old bobby lee jones. he was allegedly drunk when he hit a curb at 4:00 in the morning and caused his car to go airborne and land on the roof of a giant eagle grocery store. he was discovered by employees who heard him land while they were stocking shelves. police say he caused $8,000 in damages.

jones is staring down some major legal fees. but he got a job as a valet park attendant to make money. oh, man, where is reverse. i'm not sure he'll get a tip for this one. you're headed down the highway when the guy in front slams on his brakes out of nowhere. you do, too, but not in time. hey, no big deal. you've got a good record and liberty mutual won't hold a grudge by raising your rates over one mistake. you hear that, karen? liberty mutual doesn't hold grudges... how mature of them. for drivers with accident forgiveness liberty mutual won't raise their rates because of their first accident. liberty mutual insurance. ♪ liberty. liberty. liberty. liberty ♪

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sometimes being first means being unreasonable. i'm proud i was part of that first call, and i'm proud that i'm here now as we build america's first and only 5g ultra wideband network with unprecedented wireless capacity that will not only allow for phones to be connected, but almost everything-- transforming how we all live, once again. (bob barnett) as you know, this call today is the first call that we've made on the cellular system. kennedy: thank you so much for watching the best however your day. please follow me on twitter and

instagram. email kennedyfbn@foxbusiness.com if you want to say nasty things. tomorrow night, matt gaetz the following is a sponsored program paid for by my pillow do you find yourself sleeping too hot or too cold, not getting the support you need to help relieve painful pressure points or struggling just to get comfortable? then get ready for a revolutionary, new sleep experience. introducing the my pillow mattress topper, the next generation in sleep innovation from the company that brought you the world's most comfortable pillow. [applause] hello, everyone. i'm tonja waring. thank you so much for being here. it's been an amazing journey