it with you. i'm jamie colby. thanks for watching "strange inheritance." >> drastically altered my life for a very long time. >> this confirmation process has become a national disgrace. lauren: raw emotion on capitol hill and now the senate judiciary committee is going ahead with a vote to recommend confirmation of judge brett kavanaugh hours from now. tracee: shares of tesla getting hammered after sec sued and seek to go remove from company. lauren: investors focus on fed rate hike and upcoming season. the dow rose 54 points. nearly up 9% in the last day of the quarter.

tracee: as for today u.s. stock market futures, relatively flat, the dow up by 7, s&p 500 futures up by 1. lauren: this is how stocks are trading in europe. worst performer german market down two-thirds of 1%. tracee: in asia stocks mostly higher on weak currency which is good for japanese exports. lauren: google ceo in the hot seat and meeting with republican lawmakers to answer questions about anticonservative bias, fbn:am starts right now. lauren: 5:01 a.m. in new york. friday september 28th, i'm lauren simonetti. tracee: good morning i'm tracee carrasco in for cheryl. lauren: big story, senate judiciary committee set a vote in just hours from now on whether to recommend judge brett

kavanaugh's supreme court nomination to the full senate, that vote is scheduled for 9:30 a.m. eastern time. a day after the dramatic and emotional testimony of kavanaugh as well as his accuser dr. christine blasey ford gripped the nation. tracee: lauren blanchard in washington with the details. >> judge kavanaugh and dr. christine blasey ford saying the last weeks have been hell on them and their families. thursday hearing was their final chance to make their case to senators and all of america watching. >> my family and my name have been totally destroyed by false accusations. >> with what degree of you certainty you believe brett kavanaugh assaulted you? >> 100%. >> we mean no ill-will.

>> apart from the assault itself, these past couple of weeks have been the hardest of my life. >> as the anger of both democrat and republican lawmakers boiled over, democrats repeatedly called for the hearing to stop and open an fbi investigation. >> turn to don mcgann and tell him it's time to get this done, an fbi investigation is the only way to get the answer to the questions. >> most unethical sham since i've been in politics and if you really we wanted to know the truth you sure wouldn't have done what you have done to this guy. >> republicans are planning to go ahead with friday morning vote in committee, the outcome does not mean kavanaugh will or won't be confirmed. that's up to full senate, on capitol hill lauren blanchard.

lauren: democrat search and destroy strategies is disgraceful and the process has been sham and effort to delay, obstruct and resist, the senate must vote. tracee: after hearing several key senators huddled, republican susan colins, lisa murkowski, jeff flake and democrat joe manchin, retired republican senator bob corker who clashed with the president announced he will vote yes saying kavanaugh is qualified. lauren: good to see you, thank you for joining us. >> thank you. lauren: first of all, the reaction of the raw emotion that we saw from both sides. >> what explosive day yesterday was, dr. ford, you absolutely felt her emotion, you felt how just truly sincere that she was but you also felt the same way with judge kavanaugh. i will say that when he spoke about his family being in the

room, his mother and his father, when he spoke about his children, that was very sincere, raw emotion and quite frankly anger at the accusations that were -- that have been levied against him. so both of them presented as very credible witnesses. lauren: chairman grassley is holding a judiciary vote on this, committee vote today this morning. he wouldn't hold that if he would get the full senate, where do you think we stand there? seems like a couple of holdouts, all eyes are going to be on senator flake, he's the one that seems to be not as transparent about which way he's going to go yet, remember of regardless whether there's a favorable vote with the judiciary committee mitch mcconnell can still bring nomination to the senate floor, if there's the belief that the senators will in fact, confirm him, you're right, lauren,

they're not going to do that unless they think they have the votes. lauren: so far 47 senators will vote to confirm. this is going to be tight no matter how you see it. >> no question. lauren: the issue and we have been discussing missy, he said, she said, both sides presented very credible sides but where is the evidence? so does this become an issue of hey this guy it was juvenile misconduct or is he a sexual predator, how do you gauge what happened here? >> well, what's so difficult about he said, she said cases in general and especially in this particular case because we were not in a court of law, this is a different type of proceeding, we don't have rules, and burdens of proof that you would normally see in criminal court. that makes it more difficult. lauren, the question comes down if the senators feel after seeing his testimony and after seeing dr. ford's testimony that

kavanaugh is the right person for a lifetime appointment on the supreme court. but i must say without another piece of corroborating evidence it would be difficult to -- to say that he's not qualified for that position. >> misty marris, thank you very much. >> thank you. lauren: fox business will have live senate of committee vote. tracee: elon musk triggering a law school be the security and exchange commission. >> we allege that musk statements were false and misleading because they lacked any basis in fact. at the time musk had no proposed funding and he had not discussed

key deal terms with any potential source of funding. tracee: musk issuing statement, unjustified action by the sec leaves me disappointed, integrity is the most important value in any life and will show i never sprommized this in any way. lauren: confident in musk, sec reached settlement but musk lawyers told sec said they weren't interested in moving forward with the agreement. shares to have company plunged almost 12% in after hours and those losses continue this morning, take a look at this ahead of the opening bell, 27544 quote for tesla, down 10 and a half percent. tracee: joining us misty morris, double duty. >> good morning, thanks for having me.

what count final decision by musk rather than set it will charges? >> what's i think is going behind the scenes, the lawsuit, the sec is removing musk, say he cannot serve as ceo of a company. my guess is in those settlement negotiations the sec was negotiating that point specifically maybe with a time frame and that's one of the more common issues that the sec pursues, you cannot be the head of the company for 2 years, my guess is musk was not having said and said he would rather roll the dice in a lawsuit. tracee: do you think there's a chance if there to be a settlement. what happens if musk agrees to sec before trial or likely that he could be banned from running the company. >> well, one -- with these types of cases, first of all, for sec to ask for permanent ban is

unusual so my guess is that would be held as leverage for the purposes of a settlement down the road, notoriously as cases get closer to trial, that's when everybody starts to really come to the table to try and resolve, so my guess is we will see this resolve at some point but musk as far as ceo's goes, he can be a little bit less predictable. i will say the most problematic point is the language of the tweet, funding secured. that's pretty definitive, so the sec must have leverage there. tracee: given the word and the speed of the case moving forward, is the sec confident that they can win this, is this just a straightforward case especially with the wording there, funding secured. >> that's really the issue. it all comes down to that wording, if there was not funding secured, the standard is intentionally misleading investors oh reckless, being reckless and ultimately misleading investors, that language funding secured, it is

a relatively straightforward case, it's one sentence, that's what this entire case is based on, provided that the evidence, the sec compile via subpoena, with potential investors to see where the process was with turning the company private to see if there was funding secured, if the answer is no, then musk may see himself in some very hot water. tracee: misty marris thank you for joining us. >> thank you. lauren: happening overnight volkswagen, according to wall street journal volkswagen direct os are expected to make announcement about odyssey ceo's fate at some point today. tracee: coming up this morning, remember the leaked video of google employees after trump won the 2016 election in.

>> most people here are pretty upset and pretty sad for because of the election. tracee: can google ceo can convince republican lawmakers that his company has no anticonservative bias. the world's first flying car is finally here and it comes with this sky-high price tag. let's take a look at u.s. stock market futures, you can see the dow pointing down by just 1 point, s&p futures unchanged, nasdaq futures up by 2. you're watching fbn:am. - at athene, we think it's time for the financial world to stop acting the same old way. you need a partner that is willing to break free from conventional thinking. we are a different kind of financial company. we are athene, and we are driven to do more.

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with deputy attorney general rod rosenstein to discuss comments that rosenstein allegedly made about secret wire-tapping president trump and also this house judiciary chairman bod goodlatte subpoenaed documents belonging to former fbi director andrew mccabe all part of investigation of election meddling. presales for the worst first flying car, they are expected to begin next month, the company that makes them claims it can fly up to 400 miles and reach speeds of 100 miles an hour, while you want all of that, you have to pay up. the big price tag is 300 and $400,000, here is the catch, though, tracee, you need pilot's license and a lot of money to operate that. the price you pay for never sitting in traffic. tracee: can you imagine those in new york city? lauren: i would be so jealous watching someone go over me.

tracee: google in the hot seat trying to make peace with republicans at closed-door hearing after he declined to appear from executives from facebook and twitter earlier this morning in hearing, good morning, ian. >> good morning. tracee: in your opinion is google bias against conservatives? >> we have no look into algorithm and i just remember that google is the world's largest direct marketing form, it's not in their best way to skew either way, they want to make sure when you purchase something or ad be able to look for. i appreciate what the wall street journal reported that some employees might be do something but seems it did not occur. a lot of news out there that

like to say certain things are slanted and bias but from my information i have never seen it. tracee: does google have too much power? >> one of the most biggest company in america right now in terms of how we receive information, it's not ridiculous to say that they should be regulated. i'm not sure you go about that, the algorithm is the secret sauce of silicon valley and maybe deep dive into the programmers of the algorithm to figure how it exactly works, they definitely control what we read and what we believe to be true. tracee: earlier this monday sandar pichai did not attend, we saw jack dorsey they were there scolding the senate intelligence committee, they left the open chair to spotlight that he was not there, how would that play into today's closed door meeting?

>> well, i don't think they actually belonged in that. the election interference was much about social media and dissemination what we believe were fake news, it was a good move for them to not be there. being unfriendly with the government is not necessarily a great move. microsoft has always played friendly and that has been on their favor. that's not who they are. tracee: what does pichai have to do to apiece lawmakers? >> i believe tag line abnot being evil, we find a way to make money and we find it in cool way that helps disseminate information to people around the world and we are not allowing any potential employee bias affect the outcomes you're looking for. tracee: what happens after today's meeting? >> i don't have the crystal ball, i think it depends on the performance. tracee: all righty, thank you, ian. lauren: still ahead the confirmation countdown officially down but history may not soon forget yesterday's emotional hearing.

>> this is has destroyed my family and my good name, this is a circus. the consequences will extend long past my nomination, the consequences will be with us for decades. lauren: the lasting impact of what was an extraordinary supreme court battle and can tesla survive without elon musk behind the wheel, what the sec charges against the ceo mean for the future of the company and as investors prepare for the final quarter of the year, dow futures are down 8 points and s&p and nasdaq down futures not even a point each. it's touch and go right now. you're watching fbn:am.

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lauren: investors seem to shrug off supreme court bret and a half gnaw's hearing, trading volume fell. joe at nova point capital, good morning. >> good morning. lauren: what are investors saying is important to them, what are they watching? >> well, certainly the fed rate hike earlier this week and the fed comments that they no longer need to be accommodating with policy give good signals that the economy is doing well, investors are focusing on that and earlier this week they conned on the u.s.-china trade tensions. lauren: what do you make of that? >> i think the supreme court hearings yesterday, if folks took break to tune into that, it wasn't so much for impact but it

was distraction from the news cycle. lauren: chaos in washington, d.c. at the moment, it is playing out if you look at the trade war, if you will, that we are with china and even with canada in some ways. we have earning season that kicks off next week, we are expect k third-quarter earnings to rise 19%, what's going to be driving that would be my first question and my second question, joe, is it still the tax cuts, is it the benefits of the tax cuts? >> the benefit of the tax cuts is about half of the earnings growth, eps line, revenue should be up about 7% in general for s&p 500 companies, so you are getting the boost of the tax cut on the bottom line, the financials should be doing better as interest rates rise, the energy sector should be doing better as energy prices rise, where we are seeing slowdown relative to earlier in the year big multinationals that

have nonu.s. exposure as u.s. dollar continues to climb that's going to create some headwinds and currency translation. lauren: that's the tug of war, inflation, the fed says it's not there or not concerned about what is there but you do have inflation creeping up with gas prices. the banks could roar in the third quarter. is that because of the flattening of the yield curve when the 10 and the 2-yield. >> investors are now getting something on their deposits, certainly the flatter yield curve should indicate that there's no long-term systematic inflation in the economy, we will certain see from energy prices and other things as well as we know tariffs generally are inflationary but there's no long run systematic inflation in the economy.

>> volume yesterday new york stock exchange composite 7% below average, you expect volume to be bigger today because this is the day where you wrap up the books per not only the week but the month of september which isn't the best month for the stock market although it's pretty good this time around for at least the dow and s&p 500 but we are wrapping up the third quarter as we head into holiday quarter, does that mean anything that the calendar to investors today? >> there's always going to be some quarter-end window dressing, portfolio addressing portions, so you may see a little bit of shifting on the last day of the quarter. lauren: do you expect the santa claus rally? >> i think we -- it's not so much santa claus rally, it's really what's going to happen in midterm elections, the markets like certainty and if control of the house and senate is up for grabs and it can put into jeopardy tax cuts an other probusiness agenda in washington, that could really

unnerve investors. lauren: isn't divided congress good for the market? >> divided congress and white house if nothing gets done, generally positive for the markets because businesses are left alone, if an agenda is driven too forcefully in one way or the other because one party controls everything that sometimes can be detrimental to the economy and to the stock market. lauren: thank you very much, have a beautiful weekend. >> thank you, have a great weekend. >> coming up senator lindsey graham throwing the books at democrats with one of the most memorable moments of the confirmation circus. >> what you want to do is destroy this guy's life, hold the seat open and hope you win in 2020, you've said that, this is the most unethical sham since i've been in politics. tracee: will the mess in washington be a midterm voter motivator, u.s. stock market index futures right now, take a look at board, dow futures have

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upcoming earning season, this it was close yesterday, dow gained 54, nasdaq 51 on the final trading day of the third quarter. tracee: taking a look at u.s. stock market futures, you can see red right now, dow futures down by 16, s&p 500 an nasdaq down 3 and a half. lauren: flip to go europe, stocks trading to the downside as well, the biggest losses of 2 third of 1% in germany. tracee: over in asia stock mostly higher which is good for japanese exports. lauren: google ceo meeting with republican lawmakers. fbn:am continues right now. ♪ lauren: 5:33 in new york, september 28th, very busy friday, i'm lauren simonetti.

tracee: good morning, i'm tracee carrasco in for cheryl casone. busy might be an understatement. lauren: emotional might be another understatement because raw emotions at all-time high yesterday all day on capitol hill as judge brett kavanaugh and his accuser dr. christine blasey ford shared their stories before the senate judiciary committee and the american people. how would this all play out in the midterm elections which are just over a month away at this point. we bring in former white house deputy brad blakeman and democratic strategists jason to discuss. gentlemen, good morning, so much to get to. >> good morning. lauren: with you guys this morning. first of all, there's a new poll out, a pew poll that says everyone is talking about health care being the most important issue for voters this year and the economy, but now the supreme court appointment is more important than both of those issues. what do you make of that, brad? >> what i make of it is it's going to be momentous because of

the make-up of the court. brett kavanaugh could be the swing vote. i believe he will be and i believe he would be confirmed. that's democrats' worst nightmare. brett kavanaugh seems to be in good health and will be there for decades to come. democrats tried their best to delay, deny, i don't think they'll be successful for republicans coming into midterms it's about delivery, the president promise today good good-qualified conservatives in the court, he's done that, and making good on the promises, the economy is good, while history is with the democrats, performance with the republicans. lauren: kavanaugh says whatever happens, whatever the vote is after the hearing, they'll be consequences for decades, listen >> boy y'all want power, i hope the american people can see through this sham. you had no intention of protecting dr. ford. none. she's as much of a victim as you

are. but let me tell you when it comes to this, you're looking for a fair process, you came to the wrong town at the wrong time, my friend. >> this is a circus, the consequences will extend long past my nomination. the consequences will be with us for decades. lauren: jason, what do you -- what does that mean to you, the consequences will be with us for decades? and i'm asking because i know this is a lifetime appointment, his vote is very important if he does get on the court, but there might be a big effort to impeach him as well. >> i think that's possible if the democrats retake the house which is very likely, they may certainly institute an fbi investigation which may lead to cause to remove then justice kavanaugh were he e lef --

elevated to supreme court, what he was referring is politics of personal destruction, the continued polarization and tribalism that we see in the country, that's not going anywhere and the fact that we will in all likelihood have divide and partisanship between congress and a very unpopular and polarizing president in the white house, it is only going to get worse and unfortunately i think that's the one thing we can't take away with certainty from the hearing yesterday is the partisan divide and the polarization in the country is going to get allot worse before it gets better. lauren: also what the presumption of innocence means. is a vote against judge kavanaugh a vote against due process? >> yeah. two different worlds that democrats live in. as a lawyer, everybody should have the right to presubjects of innocence whether it's court

proceeding, to strip somebody of constitutional law doesn't sit right with the american people. the overreach of democrats has backfired greatly. i saw the senator democrats shrinking out of the room after brett kavanaugh's powerful statements, they should be ashamed of themselves and i think brett kavanaugh defended himself quite well yesterday. lauren: brad blakeman, jason altmire, thank you. tracee: sev is suing musk for fraud and seek to go remove him as tesla ceo. nathan joins me now, good

morning, nathan. >> good morning. tracee: sec complaint is against musk and not tesla, shares of tesla falling more than 10% in the premarket right now, more than 11%, how do you punish elon musk without harming tesla's shareholders? >> it would be very difficult because to many people elon musk is tesla and if you take him out of the company, then the future is extremely uncertain. tracee: absolutely, people are buying into elon musk's vision, wouldn't you say? >> yeah, they are, the future has been articulated by him for the last several years, a company that not only wants to build niche electric vehicles but electric vehicles for the masses and to do that, execute his vision you have to have him as ceo and chairman and without him looks like the company could be and they have to contemplate the possibility, poi have to find alternate person, they don't have a coo, they don't have a clear number two in line of succession, without elon musk it would be uncertain who would

lead the company. tracee: sec lawsuit is seek to go ban musk from running tesla, thereon this sound bite here. >> these misleading statements none of which were precleared or reviewed by anyone at tesla caused significant market confusion and disruption. >> this case demonstrates holding individuals accountable. tracee: how likely is this to happen here? >> that's difficult to say. sec seems to think that it has a rock-solid case because the tweets are very clear, elon musk said he had funding secured and they are now saying that there was no term sheet, no deals, elon musk will have the best lawyers in the world and i expect him to vigorously to dispute. this is not someone who will take this lightly. i expect him to fight back.

tracee: so the company is supporting musk in its statement and says, quote, tesla and the board of directors are fully confident in elon, his integrity and leadership of the company which has resulted in the most successful u.s. auto company in over a century. so could this case help musk secure maybe some more support? >> well, the board has been closely aligned with elon musk from the beginning, there's no question that they will continue to back him. this is a -- this is a person who has almost a cult following, the people who support him have supported him through thick and thin and so i don't expect him that to change but the problem is if you're an investor and considering whether the company has future, you have to reconsider whether your investment is on solid ground if elon musk isn't at the company. tracee: what does elon musk need to do now? >> there were report that is they were close to settlement before this case was actually filed, if that is the case you have to believe that he would not agree to a deal that would

involve him stepping away from the company. this is a company that's close to heart that will truly believe will change the world. i think he will look to try to stay at the company, maybe he accepts significant penalty, at the end of the day, maybe they take this to court and force him to be removed from the company which raises question of other company spacex. trace thrais chas a whole other story but nathan, thank you very much for being was. >> thank you. lauren: coming up israel's prime minister making bombshell on iran and how the world is responding this morning. one iowa gameman is cashing in, you won't believe how much he raised just by playing the game, accelerating a little bit as we move closer to wall street, dow down 26, s&p down 2. you're watching fbn:am what do you mean it's not working out, craig?

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tracee: welcome back, let's get you caught up on what's happening now, checking u.s. futures, dow futures pointing down by 22, nasdaq down by 7 and a half. iran is denying claims that its concealing a secret nuclear warehouse inside a rug cleaning plant. the accusations made by israeli

benjamin netanyahu in speech to un assembly yesterday, iranian spokesperson calls the claim baseless and ridiculous. former secretary of state john kerry accusing president trump's team of interfering in obama administration efforts to make a peace deal with the israelis and palestinians in an interview kerry says members of the president's team including jared kushner are responsible for stopping the negotiations. and talk about a dream job, this man nick overton gets paid half a million dollars, yes, that's right, a year to play fortenite making himself live stroam by playing for 1 million followers, giving him a 6 figure salary with medical benefits, lauren, what are we doing, that's what's happening now? we need to learn how to play

fortnite. lauren: from that to this, bad weather here in the northeast may finally be over but not so much for other parts of the country? tracee: don't say it, fox senior meteorologist janice dean is here with weekend forecast. janice: four-letter word is coming, northeast we have the rain this morning, clearing out midday and it's going to be a fantastic weekend for much of the east coast, so we do have showers and heavier rain across new england, that will clear throughout the day. here is next system bringing snow to rockies and cooler canadian air, so freezing temperatures in the overnight or at least feeling like freezing with the windchill in many of these cities so it is coming, but for now looking like summer time across the south, very warm for the gulf coast, very warm across the west as well, there's that parts of midwest and the

northern plains and really spectacular weekend for the northeast, watching tropical storm kirk this morning, it is expect toddies pate, we will have to watch the rem neans and hurricane rosa, this is a major hurricane that's going to move up towards baja and bring quite a bit of rain to desert southwest and that could mean a lot of flooding as we get into next week. we will have to watch this one really carefully. 3 to even 4, 6-inches of rain in southwest could be catastrophic, that's why we will watch it. otherwise enjoy the weekend. tracee: coming up in thursday night football a shootout between minnesota vikings and los angeles rams will tell you who came out on top and new york yankees cc sebathia ejected from the game leaving half a million dollars on the table. we will explain. you can see dow futures falling,

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wherever your phone takes you, your wireless bill is about to cost a whole lot less. use less data with a network that has the most wifi hotspots where you need them and the best 4g lte everywhere else. saving you hundreds of dollars a year. and ask how you get xfinity mobile included with your internet. plus, get $300 back when you buy a new smartphone. xfinity mobile. it's simple. easy. awesome. click, call or visit a store today. lauren: welcome back, ready for sports last night fox kicked off coverage of thursday night football at studios right here in new york city. there's michael strahan plus terry bradshaw hosted pregame show before la rams took on minnesota vikings, career game for quarterback, 465 yards and 5 touchdowns including this, 70 yards pass to cooper. small window or double coverage, got through with pin-point

accuracy, rams pulled away with a win 38-31. tracee: yankees pitcher c.c.sebathia caused costly ejection, saw opposing pitcher throw a fast ball in teammate's head, half a million dollar bonus, sebathia gets his revenge >> and he hits him and cc lost himself $500 as he's thrown out of the game. tracee: was it worth it. he doesn't make decisions based on money and it felt like the right thing to do. lauren: tiger woods fresh off tour championship victory, he's back on the golf course, the rider cup now underway in paris, tiger hasn't played tournament since 2012, paired up with patrick reed. tracee: after 45 years hbo will no longer air live boxing, hobo

says boxing is widely available and isn't the unique programming, hbo is dropping coverage at tend of the year, they have a fight coming up in october, we will see if that's the last. lauren: we will, coming up we are talking about the u.s. dollar pretty strong and that's actually driving japan's nikkei stock market to 27-year high. what's supporting the greenback, we will go to london when we return.

lauren: strong u.s. dollar triggering rally in japanese stocks overnight. james foley, senior currency analyst, jane, happy friday, good morning. assuming the strong dollar has to do with the federal reserve and that today is affecting the overseas markets big time if you're looking at the nikkei. >> well, exactly right. you consider the u.s. economy going really strongly, the federal reserve putting up interest rates and that's contrast to the bank of japan's position, still running negative interest rates and the yen has gone down as the dollar has gone up. big japanese exporters, when the yen goes down all the stocks go

up. 27-year high today. lauren: a tale of two different central banks. tracee: jane, how investors are reacting to trade talks between u.s. and japan? >> well, again is another reason why nikkei is going higher, people in japan and japanese investors have taken comfort in this. prime minister abe of japan is a real flag bearer of the free-trade movement and soon after the president and the u.s. was elected he was one of the first global lead toaster get to talk to him to try and talk about trade, so investors are taking comfort but i think a lot of people are still really quite nervous about trump's position on trade. lauren: central banks, trade and oil, the other big topic, we are seeing calls for$100 a barrel, where do you see the price of wti going? >> well, again, i mean, at the moment certainly it seems pretty well supported, again, that

seems to be a shift, of course, among opec leaders, there are concerns of iranian sanctions. that could boost the price of oil too but country like japan, we were talking about japan and emerging markets, that's negative impact, these companies import a lot of oil and that's a constraint on the government's budget and also on the consumer budgets and they have to pay a lot more on oil. concern for many people. lauren: concerns that we can't get our oil back on the market as fast as we would need to. jane, thank you very much, have a good weekend. tracee: thank you very much for joining us, let's send it off to maria bartiromo with mornings with maria. maria: good morning, ladies, happy friday, thanks for joining us. i'm maria bartiromo and it is friday september 28th, top stories right now before 6:00 a.m. on the east coast. testimonies are in, the senate judiciary committee set to vote this morning on supreme court nominee brett kavanaugh ahead of he and his accuser christine blasey ford told their stories.

>> it's hard for me to breathe and i thought that bret was accidentally going to kill me. >> i have never done this to her or anyone, that's not who i am, it is not who i was. i am innocent of this charge. maria: we break down the fiery hearing yesterday and meanwhile more trouble for elon musk securities and exchange commission, finally suit against ceo of tesla. commission looking to bar him from running a public company ever again. the stock getting slammed this morning, down better than 11% right now in premarket. check broader averages futures indicating lower opening for broader averages, down industrials down 20 points, s&p down 2 and a half and nasdaq weaker 9 points right now. yesterday's trading, dow was up quarter percent, s&p