president trump said he would prefer not to fire rosenstein as of right now. that's it for us. thanks for being with us. two hours of full coverage the kavanaugh hearing tomorrow. good night from new york. kennedy: breaking news right now in an absolute hurricane of breaking news. supreme court nominee brett kavanaugh now has a fourth accuser. it's 1998 where judge kavanaugh allegedly assaulted a woman while drunk. the president was asked about the previous three accusers. watch. >> do you think these women, all three of them are liars.

president trump: have they been what? >> are they liars? president trump: i can't tell you. i just herd about one a little while ago. her lawyer is a low life. i don't know what happened today because i have been busy with japan, south korea and seven other countries and i chaired the security council. so i don't know about today's person who came forward. i do know about the lawyer, and you don't get much worse. a bad reputation. take a look at his past. as far as the other women are concerned, i'll see what happens tomorrow. i'll be watching. kennedy: the president was asked if he can withdraw kavanaugh's nomination? president trump: if i thought he was guilty of something, sure. i am going to watch, i will in.

>> form be able to watch and rely on some very fair and talented republican senators who -- look, if we brought george washington here and we said we have george washington, the democrats would vote against him. kennedy: earlier this evening fox obtained a copy of the opening statement christine blasey ford will deliver in front of the committee. it read in part, brett groped me and tried to take off my clothes. he was so drunk and and base was wearing a one-piece bathing suit under my clothes. he put a hand over my mouth to stop me from screaming. this whole thing has descended into a political circus. new today we learn the identity of that third accuser who claims she was gang raped.

she did not directly accuse him of rape. now lawmakers on both side of the aisle are battling over what to do now. >> we have had accusation after accusation. very few of them if any are corroborated. our lawyers if we can make the contact get on it right away. so with this one we have a contact. and our lawyers are on it right now. our staff investigators, and i won't have anything because i can't say anything until they get done. >> i strongly believe judge kavanaugh should withdraw from consideration and the president should withdraw this nomination if kavanaugh won't do it voluntarily. if he'll not, at the very least, the hearing and vote should be postponed while the fbi investigates all of these very serious and very troubling allegations.

kennedy: postpone them until mid-november, chuck? the kavanaugh hearing expected to start tomorrow morning at 10:00 a.m. eastern. fox business network's edward lawrence is live in our nation's capital with more. lots to keep track of. reporter: it's hard to keep track of all of this. the anonymous allegation nbc news is reporting saying it was sent as a letter to nor cory gardner of colorado. in that it said kavanaugh was drunk and threw the girl up against the wall in an aggressively and sexual manner. it says there were four witnesses but there were no names and no contact address. brett kavanaugh and his first accuser dr. christine blasey ford. her lawyer says her preparation

has gone well and she is ready to testify. ford outlines how she ended up at a house party with four bays, one of them kavanaugh. he says he and his friend pushed her into a room and locked the door and tried to rape her. the president saying this is a con job by democrats. president trump: this is egg to do with our country. when you are guilty until proven innocent, it's just not supposed to be that way. in this case you are guilty until prove' innocent. i think that is a very, very dangerous standard for our country. with that being said, i look forward to what she has to say. reporter: the third accuser has come forward. she is represented by michael

avenatti. he says his client attended high school parties where kavanaugh she claims and she saw kavanaugh and on thers spike alcoholic drinks with drugs and line up for what she described as gang rape. 64 high school friend of kavanaugh signed a letter saying no such thing happened at any of their high school parties. democrats say kavanaugh should just give up. >> there is no way, absolutely no way that this nomination can proceed to a vote without an fbi investigation of this affidavit, sworn under oath with immense detail and corroborating witnesses who will come forward. this woman, a survivor of vicious sexual attack has everything to lose.

reporter: that committee hearing is thursday. the vote is set for friday on kavanaugh's nomination. kennedy? kennedy: thank you so for that report. arizona republican senator jeff flake says no matter what happens to kavanaugh in the coming days, the political fight or his nomination has been damaging to the nation. >> the public comments about those of these witnesses have been vile. each these witnesses have been subject to death threats and for that we should be ashamed. the toxic political culture we have created has infected everything. kennedy: what does each party have to gain and lose tomorrow? joining me now, former peach writer for george w. bush, bill mcgurn is here. what does dr. ford have to say in order to convince sceptical

republicans like lisa murkowski and susan collins not to vote to confirm judge kavanaugh? >> i don't look at it that way. what i would like to see is evidence. so far the people she named refute her claims. way would like to see is not who is credible and who said what. is there any evidence kavanaugh did the vile things you said he did. if you are going to destroy a man and humiliate his wife and children, i would like to see evidence. kennedy: there is a third accuser who has been named, regardless of her relationship with michael avenatti and a fourth anonymous accuser. i don't know how you vet an

anonymous person. >> you can't. in a political process it might cause some trouble. but more and more accusations, the piling up of accusations without evidence, and some compelling evidence in the other direction, that's not evidence. just an accusation. it's not evidence. you could have 50 accusations. if you don't have evidence it seems to me it's a smear job. kennedy: let's say there is nothing. >> what do you do if other cases if there is no evidence? kennedy: my question is, if he goes forward and none of this is substancated, the accusations don't magically go away. >> that's what's stinky about this. let me give you an example. the clarence thomas, people refer to him as a predator. even if you believe in anita hill which most of american people did not at this time, he

was not accused of predatory behavior. he was accused of gross conversations. my wife and i were watching jerry mcguire, the old movie, there is a nasty joke in there about clarence thomas. kennedy: this is much worse. >> people are making unsubstantiated charges. kennedy: if he's confirmed, he has a cloud hanging over his head. >> democrats think this is a fifth anti-roe vote. kennedy: so you think all of this stuff about brett kavanaugh is made up? >> i would say this. there is no evidence for it yet. would i like to see some evidence. i don't want to attack the

women. but would i like to see some real evidence before you destroy a man like this. what you just said is the horror. without evidence a man can be tried and convicted in the media with just rumors and anonymous letters. kennedy: a lot of people could say maybe something bad happened to her, but perhaps a, b and c. >> what's the lesson for the next nominee? i think we are in a dangerous place. kennedy: don't you think the third accuser has a more damning accusation? >> as far as i know she has not directly implicated brett kavanaugh. it's outrageous that we throw this around without any proof. kennedy: it's a fast-moving news cycle and that's not to judge

kavanaugh's benefit. so -- >> we have a process and it's been blown up. dianne feinstein sat on that letter since july. kennedy: i think that's such an incredible disservice to the process and judge kavanaugh, but also to these sense subsequent accusers. there is no way she can be a jane doe because of dianne feinstein. >> whether it's your office or you work at the university and there are accusations. there is some process that saims at fairness for ajude kateing it, and one hopes it would be based on real evidence. kennedy: arizona sex crimes prosecutor rachel mitchell is

set to ask most of of the questions for the republicans on the senate judiciary committee who are all men. she has been named arizona's outstanding sexual assault prosecutor and is chief of the special victims division. our own judge napolitano laid out how this may go down. >> the republicans are not going to say a word until after the prosecutor from arizona they hired to speak for them has finished interrogating dr. ford. they can still ask questions afterwards, but only when she is finished. and they will confine their questions to dr. ford's allegations. kennedy: what kind of questions can judge kavanaugh and dr. ford expect tomorrow? let's talk about this. republican senators will allot their time to this prosecutor.

and i think it's an interesting process, and i'm happy there won't as much senatorial show tbroaght people who want to be president. what kind of questions will she ask? >> it's interesting they are bringing in a woman. they were concern about the optics of an all white male panel asking the questions. it's reductionist to think by bringing in a woman that's going to -- ameliorate the question. if you want to make it like a criminal trial, there should have been an fbi investigation. bill is talking about evidence. that's what an fbi investigation would have done. kennedy: we haven't heard from the fbi. she is not just a woman. this is a prosecutor with years of experience questioning and

revisiting decade old sexual assault cases. so she has a very particular area of expertise aside from her gender. >> if we are going to bring in a prosecutor and act like this is a court of law. why are we trying to hold it to a zan standard that's unable to be met on the defendant's side. president trump is saying it's a terrible moment in this country. you don't have a constitutional right to be on the supreme court. when you talk about due process, it has to do with life, liberty or property. none of those constitute being on the supreme court. so as far as i'm concerned this beyond a reasonable doubt standard of proof doesn't make any sense. kennedy: are you saying it's manufactured by democrats in the standard of proof? republicans? >> they are saying you can destroy a man's life with one

accusation. i'm talking about the innocent until proven guilty. kennedy: we shouldn't have innocent until proven guilty in the senate? >> i don't think we should think of this in a criminal case context. since anita hill there has been nothing done to make policies and procedures to deal with this issue. what is the burden of proof? what is going to happen tomorrow. i think it will be a circus. kennedy: you have an independent person who is not a defense attorney. if you had someone like pamela mackie who was going after this person like she did kobe bryant's accuser, that would be vastly different. but this is someone who is quite adept at getting to the bottom of stories that don't have a lot of physical evidence back them up. we have to figure out whether or not a person is truthful and

decent and if they deserve this kind of appointment. right now we do that through the senate judiciary committee. >> people are throwing out the he said-she said. much like a jury, people are going to have to evaluate the credibility of the witnesses. do you believe brett kavanaugh or christine blasey ford. i think it's ridiculous they are not subpoenaing mark judge. he's the only other person placed in that room. kennedy: he plays a big part in the declaration the third accuser made today. i agree with you. i think we deserve an explanation from him. it won't be a satisfying process for anyone. it's a giant distraction. i don't know if kavanaugh

survivors. >> i was surprised president trump stated that he would keep an open mind and his mind could be changed. kennedy: he's one of the few people who said that. democrats and republicans decided the other person is guilty of something. much more on the kavanaugh controversy coming up later. keep it here tomorrow starting at 10:00 a.m. in the east, 7:00 a.m. in the west. up next more on the president's pugnacious press conference where he battled the press. susan li mixed it up with the president. shshshshsh liberty mutual accident forgiveness means they won't hike your rates over one mistake. see, liberty mutual doesn't hold grudges. for drivers with accident forgiveness

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kennedy: we are back with president trump's out of this world news conference. most of people worcester can in the faces of drama. but not this president. susan li was in the room with the president and she joins me now. you asked a great question about trade and nafta. before we get to that, what was the reaction in the room? in our pod we were screaming with laughter. >> it was 80 minutes.

i would call it wide ranging. everything was -- 50 questions were about judge brett kavanaugh, the hearing tomorrow, le be confirmed and the president's take on the third accuser. but 50% of the questions were kavanaugh based and the other 5% was rosenstein based. i asked about trade. i thought i might as well ask about something actually happening. kennedy: business is your business. let's watch susan li in action. >> did you reject a one-on-one meeting with the canadian prime minister justin trudeau? president trump: yes, i did. his tariffs are too high. we are talking about taxing cars that come in from canada. we are unhappy with the negotiations and the negotiating

style of canada. we don't like their representative very much. usmc. united states, mexico and canada. but it will probably be usm. the united states and mexico. if canada doesn't make a deal with us we'll make a much better day. reporter: i like the play on the u.s. marine corps. he was pretty combative. kennedy: does the press enjoy those exchanged? it's entertaining for people to watch. if there is anything in this administration that has broken protocol more than his press conferences, i cannot think of it. reporter: that's why he unless office. he's not the norm. he's not part of the swamp. i think that's what he enjoys.

kennedy: he takes tough questions. he was joking with a "new york times" reporter saying i used to love your paper, i still love your tape while calling it the failed "new york times." are your piers entertained by this? -- are your peers entertained by this? reporter: there was a reporter from an iraqi publication that wasn't called but he mispointed and he took the microphone. and cnn's jim acosta, he said i would like you to call on my female peer. i thought why don't you pass the microphone to your female peer if that's the case.

kennedy: acosta is a blow hard. kennedy: i think i have share the president's opinion and that of many others. i'm very interested in seeing what happens tomorrow. very sceptical about both parties. never kept cal about you, susan. three different women have made serious accusations against judge brett kavanaugh. maybe a fourth. if any of them are true, how did the fbi miss them in the got directions to the nightclub here. and if you get lost, just hit me on the old horn. man: tom's my best friend, but ever since he bought a new house... tom: it's a $10 cover? oh, okay. didn't see that on the website. he's been acting more and more like his dad. come on, guys! jump in! the water's fine! tom pritchard. how we doin'? hi, there. tom pritchard. can we get a round of jalapeño poppers for me and the boys, please? i've been saving a lot of money

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ask your gastroenterologist about entyvio®. entyvio®. relief and remission within reach. kennedy: the media immediately graduated into a full-blown musical. the allegations leveled today against brett kavanaugh are incredibly serious. and there are at least four accusers. the third accuser claims she was drugged and raped bid multiple perpetrators. and this goes one of two ways. if the story is true or if there is a sliver of doubt kavanaugh's name will be withdrawn. when clarence thomas' nomination was swirling the drain, his consistent denial is what saved him. judge kavanaugh tea cording to the "new york times" is planning on admitting he was a

hard-drinking high school cad, and that doesn't help his case even if it's stapled to a tepid denial. and to say the accuser is a democrat mole who will ruin a man's life for political gain. let's hope to god it's not true. because fit is and that's the state of our political union, our gulf is unbridgeable and we reached the disgusting points of no return. if kavanaugh was the bill cosby of maryland that should not have been missed by the fbi countless times. that means he would have inspired enough washington whispers to hopefully slow down dissent. i had reservations about

kavanaugh's problematic stance on the 4th amendment. and he was not the ideal jurist. if the president had taken my advice and nominated mike lee, the tomorrow question they would have poatds is what color dicky do you want for your robe. if the president gets another whack at the supreme pinata. i don't know how long we'll prolong this distraction. all i know is brett kavanaugh better sprout some conviction. or we'll be a bunch of of squares from here on out. president trump said this at his

whirl wind press conference. president trump: the fbi investigated brett kavanaugh 5 times, 6 times. but here there wasn't anything to investigate. they didn't know the place or the year. they didn't know anything. so where do you go? kennedy: the panel is here to discuss. katie pavlich is here, and former advisor to hillary clinton and form consultant to the dnc. adam johnson joins the panel. welcome, everyone. katie, i will start with you. when dr. ford -- when we finally learned of her revelations add dianne feinstein sat on them for months like a hen on an egg. i thought this will be problematic if more people come

forward. it seemed like this was an individual claim than was no corroboration and no other accusers. now it's a different story. >> it's a different story but you have to look at every allegation on its own individually. dr. ford's story, if you ask basic questions about who, what, when, where and why, that you are attacking someone's story. there are discrepancies in the polygraph she sent to dianne feinstein and what she sent to dianne feinstein. the allegation that came out from michael avenatti where the woman claims she was gang raped and kavanaugh was in the room. avenatti will not say exactly what the accusation is. he won't say brett kavanaugh

engaged thoo these assaults. kennedy: that language was purposely vague. >> tonight co-has a story out. a man who was her boyfriend filed a restraining order against him in 2001. because after she broke up she threatened him, his wife and child when he was married. this comes down to the facts. because these allegations are so old and being made not in july when he was nominated. but now, it's based on character and who can vouch for them. kennedy: all these things can happen at once. you can be the victim of sexual assault then do horrible things your adulthood. both those things can happen. she should have come forward sooner. i wish all these people had come forward sooner. when kavanaugh's name was floated on the federalist society list.

>> i'm not sure if you had a conversation with a survivor, i have. >> i think you assume too much. >> i asked the question so i don't know. >> there are certain things that trigger survivors to step up to the plate to make their cause. the problem with the gop, what they are doing now, they are trying to silence these people. >> by having a hearing. >> and convince the american people this is a political thing the democrats are trying to do. kennedy: let me push back a little bit on this. >> some in the gop. kennedy: i understand that. i think what democrats are doing with these stories, that is a political thing and i think it's a disgusting disservice to people of who are survivors of sexual assault. >> the political process has co-opted the #metoo movement that was known the preserved

integrity -- >> here is reality. the conversation we are having now means nothing until tomorrow happens. once we hear both sides of the story. calf false story and dr. ford's. then we'll know what the reality is. the other accusations. other people coming out will drag this process out first and further. kennedy: democrats love that. >> i think that -- >> avenatti is a democratic operative. i think he's a gross person. that says nothing about julie swet nirks k's claim. >> she put for the the claim shoot how she was at parties. think what she has effectively put forth. he was at parties mixing drinks.

intention was to get women drunk. that he was somehow at these parties where there were gang rapes. >> you know what? that's an allegation it's baseless and unprovable. have you ever been at a party where you mixed drinks for people? >> i have. kennedy: i want to pose this to you. let's say you get your wish. and judge kavanaugh's nomination is withdrawn which at this point i think it's a 50-50 shot. i am not done. what do you get next? you get amy coney barrett. she is a woman and she probably doesn't have skeletons in her closet. she'll probably get confirmed. if you have such big problems with brett kavanaugh, put those objections on the table at the beginning of the process.

if dianne feinstein were worth her salt she would have been able to help the woman go through this anonymously. >> she followed the wishes of dr. ford. the on thing i'm saying to you. kennedy: anonymity. >> all democrats want to yank him out and put the options on the table. >> there is another fourth accusation that's come through senator cory gardner, the republican senator from colorado. an anonymous letter from 1998 of a woman accusing brett kavanaugh of pushing her up against the wall. senator chuck grassley has spent his entire career putting legislation on the table to protect women. they are saying they are not

assigning credibility to the letter because it's made anonymously and cannot be corroborated. we'll see democrats filing anonymous reports going through local police departments of these accusations. the media will report it as an accusation and it will only cloud the view of what the facts are here. each case is very individual. kennedy: we'll hear from brett kavanaugh tomorrow and we'll see what they have to say. and the members of the judiciary committee will have to decide whose story resonates and whose story is more believable. great to have you back. i know it gets heated. but that's okay. we can talk about some things. tomorrow fbn will have full coverage of the hearing right here on capitol hill. david macintosh is the co-founder of the federalist

society. guess whose name is on there. brett kavanaugh. house speaker paul ryan says rod rosenstein's fate should be left up to the president. but some house republicans want him to testititititi (roger) being a good father

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court nominee and a new attorney general. the sit-down with rod rosenstein is supposed to take place in the afternoon. the president is taking a wait and see approach whether he should be fired. president trump: i am talking to him we had a good talk. he said he never said it. he doesn't believe it. he has a lot of respect to me. he was very nice. and we'll see. kennedy: house speaker paul ryan rino said the decision should sit with the president and the president alone. should rod lose his job? florida congressman and freedom caucus member matt gaetz. >> it's never good when the president says" we'll see" about

someone's employment. kennedy: they have been accused of impropriety when it comes to their spying tools. if rod rosenstein was even sarcastically threatening to do goes beyond confines of what an acting attorney general should be doing. he was joking about wiretapping a president in front of his surrogates. james mattis said not only would he not say things that were insult together president or the presidency, he would not even tolerate it at the pentagon. we should not have different standard at departments of defense as the department of justice. it was rod rosenstein who signed

the fourth fisa warrant on the dossier. it may be time for mr. rosenstein to move on. kennedy: they have no problem wiretapping each other's conversations. would you like to see the mccabe memos before you question rod rosenstein? >> i would like to see the memos, but i don't know that they are decembe dispositive to anything. he said the president shouldn't fire rod rosenstein until he did what he's doing now understanding the contact and getting the facts. but it's all talking head and speculation if the guy doesn't get under roat. potentially what was the fallout. sometimes people joke about

stuff before they intend to do it. kennedy: do you think it was not right for paul ryan to intervene in your behalf. he hasn't taken a leadership role to make sure we have witnesses to conduct our investigation. we need more from our speaker in these perilous times to make sure we don't have agencies of government violating the rights of american citizens. congressman gates, thank you so much. much. the "topical storm" is next.

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kennedy: the university of minnesota is giving an honorary degree to the late great singer prince. honorary degrees are tributes that can't actually be used to get a job. it's like getting a liberal arts degree. grab your diploma. this is the "topical storm." we begin in las vegas where one hockey player loves fetching sticks. this is benny. and he learned how to ice skate from his owner who happens to be

a former professional figure skater. no, her name is not tonya harding. she doesn't have time to train dogs. she is too busy clubbing. benny is considered the first ice skating dog and the first hockey player to have a full set of teeth. we head to arizona where watermelon sales have lit a bear market. zookeepers gave these two a bunch of watermelons to help beat the heat. they were spiked with vodka and they wound up beating each other. 10,000 people watched that video. arizona zoo is calling it a big win for the bears. now if arizona can get a win for

the cardinals. topic number three. if you ever wondered with a chevy silverado would look like on steroids. check out this monster. it's a 6 x 6 pickup. they are calling it the goliath edition. each goliath sells for $375,000. it sounds like a lot. but it's nothing compared to the gas bill. it gets two feet to the gal assuming it's driving down hill in neutral. they are only making 24 goliaths in total. the only thing more scared are people who take michael avenatti seriously. topic number four. let's head out to wichita, kansas, where routine childbirth turned into a very hairy

situation. look at this little fella. he was born via c-section it's not a common procedure amongst you a orangutans because their health insurance doesn't cover it. we don't know the baby's name but she is registered sat bed, bath and bananas. she is so cute. thousands of gifts have been sent to the zoo where he is on display. but unfortunately some of them were stolen. you thieving. back in my day bears stole picnic baskets. and that was before instagram. now they have to steal fruit to look good in their photos.

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this is john, and i'm with pactel cellular in los angeles. well, welcome to the demo... (danny dichter) in 1989, a new wireless technology was being tested for the first time ever. it allowed more users to connect at the same time while on the move. other wireless carriers considered the tech too expensive, but we saw it as the birth of reliability and the backbone of a company we all know as verizon. so we were the first to commit to the cdma system and the first to build our entire network around it. today, once again, we're transforming reliability as we know it, building america's first and only 5g ultra wideband network-- with unprecedented capacity, enabling faster speeds and the lowest latency anyone has ever experienced on a wireless network. which is crucial, because we'll be relying on it more than ever. (man) it's really quite impressive, uh, what y'all have put together here to, uh, to show the quality of the system.

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6:00 in the west with sebastian gorka, juan williams and david mcintosh. mcintosh. i appreciate yououououou (announcer) you work hard to give your children something to build on. i was always trying to think "how am i gonna get her through college?" i wanna have a mechanism in place to make sure that my daughters are well taken care of. i hope to leave my children with something to help them get set up. (announcer) don't let it get eaten away by unexpected fees and legal expenses. my husband did not have a will and everything went away. when my father passed away, he did not have a will or a trust. we're not as prepared as i had hoped we would be. (announcer) every year, tens of thousands of people lose what's rightfully theirs