chance of recession. [closing bell rings] liz: great to see you. come back again. randy anderson, griffin capital. major averages slightly higher. that will do it for us here on the closing bell. melissa: high drama in the nation's capitol. the dow losing steam in the final hour of trading ending the -day up 1points. david: turned around. melissa: posting healthy gains for quarter. that is what counts. david: that is what counts. quarterly report, i'm david asman, happy friday, everybody. this is "after the bell." what a friday. more on the big market movers but first a day like we've never seen before inside the beltway. you thought you saw it all, just wait. when we thought the wild and destructive kavanaugh process was finally beginning to wind down a little bit, senator jeff flake throwing a huge curveball into the process that is going to delay the confirmation vote

of judge kavanaugh to the supreme court yet again. questions still remain about exactly how to accommodate jeff flake's demand that the fbi brought in for a week, even as the senate judiciary committee did vote to send kavanaugh's nomination to the senate floor. edward lawrence live on capitol hill with the latest. edward lawrence live from capitol hill. a lot of details to work out. reporter: within the last 60 seconds new breaking news, judiciary committee through senator grassley they are requesting the administration to go forward with the fbi background check. they're saying limiting reopening the background check to just credible allegations. this is coming out in the last minute this is prompted by senator jeff flake t sort of throws the process into chaos. the nomination is moving forward for judge brett kavanaugh. it went out of committee to the full senate but senator jeff flake was first one said he

would not go forward with a confirmmation without that investigation. >> the country is being ripped apart here and we've got to make sure we do due diligence. i think committee did a good job but i think we can have a short pause and make sure that the fbi can investigate. reporter: now he says the delay should not be more than a week. it was actually senator chris coons had been talking to jeff flake making this deal, this one week negotiation for an fbi investigation. all of this came to pass with about five minutes right before the committee vote. >> i think showed courage and determination today in making it public that he will not support moving ahead with a final vote on judge kavanaugh on the floor unless there is a brief fbi investigation that is limited in scope and time to the current

allegations. reporter: the white house was blindsided by this from senator jeff flake. the senator coming out saying he wants what is best for the country. the judiciary committee itself would like the administration to request reopening that fbi background investigation for a limited credible allegations. david? david: i can't tell you how many emails i received in the past couple hours, we thought it was finally going to be over and now another week. edward, thank you very much. melissa. melissa: here is greg nunziata, former chief nominations counsel to the senate judiciary committee. thanks so much for joining us. greg, the problem all these politicians on both sides, everyone out there have zero credibility i think with regular people at this point. if it was really about what he just said, a limited scope in time, limited scope in time to the current allegations, that would be one thing but it is hard to actually believe that

when everybody keeps changing what they're saying from jeff flake, who said yes, then later no to what ebb else is asked for. what is your take? do you think they're being truthful? >> that is the concern and that's why so many republicans were opposing reopening the fbi investigation process in part because it doesn't add much other than more delay. what the fbi will do is take statements from everyone else who gave a statement to the senate judiciary committee. some democrats that is necessary. they want non-partisan fbi agents asking questions. i have not heard from a democrat who said they will be dissuaded by anything coming back incriminating. of course that is a concern. when you're on capitol hill as senator, if you oppose a nomination, if you can't defeat it outright, the next best thing to do is delay it as much as possible and hope something changes either in the senate or outside of the senate that will strengthen your hand.

melissa: all they keep saying is have the fbi talk to four people who asked them if they were suppose to be there. does anyone believe that would be enough? how long would that take and do you think that, whoever the fbi agents could come back and say, that is it, we've done enough. here you go we talked to the four people. is that reasonably enough? >> i think it is reasonable they can do that, do it pretty quickly. should only take a few days. there is a limited number of people involved. all these people have already given statements under penalty of felony to the senate. so we can expect they will say the same thing they told the senate. otherwise they would be exposing themself to five years in prison. yeah, i think it can be done. i'm skeptical that it will change many minds but, if it gives senator flake, senator collins, senator manchin and three or four folks who have said they haven't made up their minds comfort making a decision, then maybe it is time worth taking. >> so maybe that is what it comes down to, those four

people, can you get those four people to say yes. you know, because there were other people that stood up like cory booker kamala harris, we're doing investigation, kumbayah, within seconds i saw a tweet from kamala harris, we must stop kavanaugh now, sign the petition on twitter, to stop him after they stood there said, thank goodness we'll have the investigation they're instantly tweeting sign here, anybody who sees this to stop them. but for those four that you talked about, so the concern is jeff flake committed to yes. he left the room. everybody said, oh it will be fine, when he comes back then you didn't see him. then they're all in the cloakroom. for those that you're talking about, how do you feel about whether this will be enough to help them? does it give them cover? what is your take? >> yeah, no, i think it may.

i think, i can't see in any of their minds, the four who have been undecided have been very close-lipped about it but my guess based on the evidence before us now that most of them, if not all of them were leaning to yes. so, you know, i think giving this a little more process might get them there, assuming nothing else changes in the next few days. there has been a lot of twists and turns. melissa: i'm glad you brought that up because nothing else changes. earlier what lindsey graham said what was really going on here. can you play that sound bite for us? >> the avenatti moment tells you what will happen if we keep this farce going. plenty of time, plenty of opportunities to get to the truth. this is never been about the truth. this has been about delay and

destruction. melissa: great, delay and destruction. coming in with avenatti like showing up at a bake-off with a box of dunkin' donuts, say you made them yourself. the label around the edge says you're a liar. you show up with avenatti. there is the pile-on. do you think this opens the door to that obviously over the next couple days, how do they deal with that? >> sure. it does. we've, the avenatti allegations were explosive and there was just about no substance to them. "the new york times" said so. and we had a bunch of less well-covered allegations that came and went over the last 48 hours. we can expect more of it. look, there is a lot of people in this country, a lot of democratic party are simply committed to opposing any nominee that president trump might put forward for the seat. they're opposed to the supreme court possibly going in a more conservative direction. they made clear will fight as hard as they can with whatever they have got.

i suspect we'll see more of that. jeff flake and the leadership of the senate will just need to be firm on that this is what they agreed to. one more delay. melissa: yeah. >> no more. melissa: tearing my heart because they're never firm. real quick, at what point do they run out the clock? we keep saying they don't have much time. when do they need to take the vote and have the democrats not run out the clock? >> well i mean, i think this is painful regardless and any extension is painful for the country, painful for all the people involved. i think at very least we want to get this done before the election which comes up in november. typically senate takes time off before the election. i think another week is reasonable. any day after that i think is really pushing it. melissa: starts to get dangerous. greg, thank you for coming on. we appreciate it. david: reasonable and inside the beltway, doesn't seem to go together. anyway, back to the markets, that's reasonable.

the markets are reasonable. the dow managing to eke out a win on the last trading day of the week, month and quarter, ending the third quarter with huge gains up more than 9% for the quarter. connell mcshane on floor of new york stock exchange. so nice to deal with certainties like dollars and cents as opposed with the politics of beltway. >> it is easier. what is up, what's down, who is making it, david. not easy week for stocks to your point but a terrific month by historical standards. september and a wonderful quarter. the dow ending with a 18 point gain. once we got europe out of the way. there were concerns with italy in the morning. s&p flat and nasdaq higher by a little bit. when you look at the quarter, these are impressive numbers when you look at everything out there, concerns about the dow and trade for the like. s&p 500 as broader measure putting the best quarter since back in 2019 teen.

2013. that is good quarter for stocks and technology and all the rest. it was a little bit of a defensive mood and utility stocks. once we got europe out of the way, we got away from the drag the european market put on itself. 3 1/2% higher for some of these utility stocks. funny enough biggest gainer in the dow was intel. it was optimistic. would meet the full-year forecast. biggest gainer in s&p 500 was nvidia. artificial intelligence futures for nvidia. for facebook with the data breach it came out and discovered. said it got it fixed up. another hit for the stock down 2 1/2% today. it is 25% off the all-time high which was reached in july. david: okay. we'll talk about tesla in just a moment, folks. don't worry. connell, thanks so much. melissa. melissa: let's bring in today's

panel. carol roth, and jack otter. thanks to both of you for joining us. jack i will start with you. all the insanity going on as we watch everything in washington, keep eye on tariffs how it is all impacting things? >> just because you spent a week disgusted what you're seeing on television with the congress, we might be disgusted for totally different reasons, that is besides the point, just because that happening doesn't mean the stock market will tank. the stock market doesn't care how pleased or happy you are any given day. it doesn't care. are you working and spending. most people are working. spending is good. business in america is quite good right now. melissa: carol, i thought tariffs were taking a huge toll on everyone, changing habits, a disaster. doesn't look like it. >> melissa we're going into earnings season to hear what are the forward-looking statements

if we start to hear from companies there is concern and pullbacks because of the tariffs that will be a big, big little of concern but i don't project we'll hear that at least in this level of earnings call. i think you will have a great projection going towards the end of the year. so so far so good despite all the insanity we're fighting through. david: folks, stick around. shares of tesla plunging after the securities & exchange commission sued ceo elon musk for alleged securities fraud after his false statements about plans to take the company private. jack, i was going to begin by asking can tesla survive without elon musk but you can switch it around, can it survive with elon musk? which is it? either way they go it is bad news for tesla, right? >> i will tell you this much, reports are that this guy had a deal on the table which sounded pretty good to me. would step down as chairman, stayed around as ceo, he wanted to pass on that, stick around

prove he is done nothing wrong. i think the deck is stacked against him. he must have been smoking again with joe rogan if he thinks that he will stick around an it will be any good for tesla shares. keep in mind they have pretty big bond redemptions they have to finance going forward. analysts say this will jack up the cost of financing. this is not good for the company. david: carol the way they burn through cash you need the financing. the bottom line there is nothing that elon musk can do if this sec tells him to get out of there at least temporarily. what happens to the company without musk? >> i think it's a problem. there is certainly an elon musk premium built into the company. this is a big challenge for investors. if they make him step down, this is a challenge for investors. this company and all of the other companies that he is associated with, and i agree with jack. i don't always agree with jack but i agree with jack on this one but i think it was a mistake for him to try and fight this and not cut a deal because this could get ugly and if he gets

barred you have somebody who is technological genius, will never have access to public markets again as an officer of a company he is getting bad advice. david: agreeing with jack is very often a great thing to do. >> wow. david: it is not always a mistake, believe me, i've learned. i've learned. thank you very much. melissa? melissa: the fate of his supreme court pick, president trump responding to the frenzy on capitol hill this afternoon. we're live at the white house with the latest reaction from the president. that's next. david: plus how will this all play out in november for the elections? fierce objections from both sides of the aisle. we're breaking down the political impact of judge brett kavanaugh's confirmation battle on the midterms. coming up steve forbes, forbes media chairman will weigh in on that. you will want to hear what he has to say. ♪ r and totals it.

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with td ameritrade®. melissa: president trump keeping an eye on all the drama on capitol hill. and now the senate judiciary committee announcing it will ask the administration to instruct the fbi to do a supplemental background check investigation on judge brett kavanaugh. blake burman live at the white house with the latest response from the president. reporter: melissa, the white house still very much trying to figure out a way forward on this one. jeff flake was up on capitol hill making his announcement, that he wanted fbi investigation to occur before a full vote on the senate floor what happened, the president was here at the white house meeting with his counterpart at chile of the president at 1:45 in the afternoon welcomed the chile president in the white house. those two met for an hour 1/2 up till 3:15. so the president and his team have only had an hour -- david: let's go to him.

>> [inaudible] not to take longer than a week. we're going to move to proceed to the nomination tomorrow, either by recorded vote or voice vote. hopefully in the next few days the fbi will answer questions that linger in the minds of some and we will have our up-or-down vote next week. time will tell. i know all i need to know. i'm confident in this man who he is and capable and qualify. you know my view about the process this is democracy. jeff is a wonderful guy, flake, he is trying to be fair and you know, the three senators who had concerns are being listened to. it is called democracy. i hope one or two democrats will come forward to say this process, i may not vote for kavanaugh is better moving in right direction. time will tell. >> what did the president say about this move? >> leader's message i would like some definition.

i think we now have definition. but the thing about democracy is, that, when you have 51 senators, you're going to listen to all 51. i do hope, some people were talking to jeff, i hope they come forward and say, i won't vote for kavanaugh, i will honor the process. time will tell. >> did you talk to the president. >> i made a joke explaining this listen to him because i didn't know what he had done. i feel the white house will honor the committee to have supplemental background check. i told the president. this is a separate branch of government. i know it is frustrating to dial with the senate. sometimes we feel the same about you, but that is the way it works. and at the end of the day, i think you had a process here that, i doubt if anything who will ever be nominated to the supreme court has been looked at harder than brett kavanaugh and one thing i want to do, this is all over with, i think he will

win. i hope he will win, i would like to meet his daughters. >> are senators steamed at jeff flake? nobody is mad at him? >> if you're mad at him that is unreasonable. nobody i know of. people are frustrated it is going on. most of russ ready to move. i'm not going to say that some people that bother me, jeff is 100% consistent. >> and so they have got, they got to finish the supplemental background check less than a week, the fbi. is it going to take a week if they're never going to figure out where the alleged incident happened? >> i think we've got a process, to answer some questions. i will let you ask others but i feel like, the supplemental background check can be done quickly. and, i feel comfortable we're going to move forward and he will get confirmed. >> what has to happen in the supplemental check for it to be thorough? >> people who look at it say it

thorough. >> what is mark judge doesn't answer questions and are you concerned what he might say? >> he has made a statement under penalty of a felony. if he is willing to talk again, can't imagine him saying anything different. that will be up to him. i don't know what he is going to say. we'll see. we'll see what happens. >> have you heard from your colleagues, senator collins, or murkowski that this will be enough to get them to vote yes or brett kavanaugh? >> you need to ask them. >> is there talk about this? >> you need to ask them. thank you. >> thank you. melissa: all right. there you go, lindsey graham, striking a different tone than he has during the day today. he has been frustrated, outraged, he is laughing at times, this time he looks exhausted saying that jeff flak has been consistent. consistently flaky. let's go back to blake burman at the white house. blake. reporter: the key point there from lindsey graham he feels the

white house in his word will honor the background, the supplemental background check. before we were going -- the point i was making this is still very, very fresh on the president's mind. you saw from lindsey graham and everyone on capitol hill everyone's mind. as the flake decision was coming in earlier today, the president made these remarks he would defer to the guidance of capitol hill as to whether or not this second or this additional, i should say fbi background check on brett kavanaugh would proceed. here is the president from earlier today. >> i'm going to rely on all of the people including senator grassley who is doing a very good job, that will be a decision that they're going to make and i suspect they will be making some decision soon, there would take a vote, whatever they want to do. i will be totally reliant and what senator grassley and the group decides to do. reporter: he feels like the white house will honor the

supplemental background check the as of 20 minutes or so, melissa, we've been told by the fbi they have not been given the green light from the white house yet to officially go forward with it. that is the key point in all of it. the white house, president trump, his office of legal counsel has to tell the fbi to do that and graham says as we heard from him there, he thinks that will happen. melissa. melissa: meanwhile when they asked him, the fbi will be like, what the hell is a supplemental background check. we don't know what that is, whatever? i digress. david: here is react "real clear politics" columnist annika green who worked with kavanaugh in the white house during the bush 43 administration. what we saw yesterday, outraged judge kavanaugh, who understandably after being attacked and his family being attacked he struck back. was very different from the man that we saw during the regular confirmmation hearings, who was poker faced, was very judicial, who didn't talk back, et cetera.

let me play a little what we saw yesterday and get your reaction. >> this whole two week effort has been calculated, orchestrated political hit fueled with apparent pent-up anger about president trump and the 2016 election. this is a circus. the consequences will extend long past my nomination. the consequences will be with us for decades. david: now that outrage was completely understandable considering what he and his family has been through but senator blumenthal, i think had the gal to come out and call it a political rant and said that anybody who spoke like that at a senate hearing doesn't deserve to be a justice on the supreme court. your reaction? >> senator feinstein tried to say something similar. i think that is just their next tact. they know anybody watching brett kavanaugh talk about what he has been through, their hearts go out to the man. you don't have to know him as i do to feel that he is speaking from the heart and really the

thing that is important to remember he is man who cares about justice. he cares about the institutions of our country. a lot of the work he has done in his career, his various positions to safeguard various institutions, set up policies good for the nation. it is not just coming from a personal place for him. it is genuinely caring about the precedent that is set, which is what you want in a supreme court nominee. david: you do and you want somebody who you can rely on to keep a level head because a lot of these case, he will decide on, will be highly charged, both emotionally and politically. which kavanaugh would you say it was thaw dealt with? was it the man who was outraged, an understandable outrage by the attacks on his family, or was it the poker-faced judge with the hearing? >> i worked with both. there were times that things would happen would make him angry, would make us angry. we would talk about that, hear about that but he is very level.

he referred in the hearing to his rating with the american bar association that his demeanor on the bench is the highest rating you can get. so when, what we saw in the hearing i think it was important that we got to see him as a man. i think he allowed us to see that he needed to be vulnerable because he was coming on the heels of another vulnerable testimony. we needed to see what he remembered and how he felt about it and showed us that. david: very interesting you say that. as horrible as the process has been it was instructive, i think for the nation to see the whole man. >> yes. david: to see beyond just the judge with the poker face to see a man who had justifiable anger and express that anger. finally very quickly, his family, you must have gotten to know at least his own feel about his family, if not his family himself. describe that for us. they're often forgotten in all of this? >> his wife and he actually met at the white house. she worked for president george w. bush as well which is

one of the lovely romance stories among his colleagues there but i'll tell you one of the ways, no matter how long the day was, no matter how long hours were, 2:00 in the morning, one easy way to get bret to smile to ask him how his daughter margaret was doing. david: gosh. anekek green, appreciate it. melissa: what happens next? we're live on the hill for all the different scenarios that could play out for judge brett kavanaugh on the supreme court. major breach at facebook, putting your personal data at risk. what you need to know about the cyberattack that is impacting millions. ♪ you shouldn't be rushed into booking a hotel. with expedia's add-on advantage,

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hillary. reporter: hey, melissa. they still don't know who was behind this attack but they are saying that it required sophisticated skills because these hackers not only found one weakness in facebook's code but they found three and then combined them, able to get access to user accounts. right now they know that the hackers were able to access user accounts and then use those accounts as if they were the account holders. they got access to personal information, gender name, hometown, date of birth. no credit card information was exposed. at this time they do not know if private messages were accessed or posts were published on behalf of users. they have no evidence of this. but they say the full scope how attackers exploited their platform is still under investigation. facebook says they found out about the breach three days ago. 50 million users information was affected. one feature that was breached was the view as feature. that is the part of facebook that let as users see how their

profile looks to different groups. what is shows the public versus a friend of a friend or actual friends what they can see on your profile. the hackers used this to steal digital tokens, that lets users to stay logged into their accounts without reentering the password to get into the site. that has been fixed. facebook turned off the view as feature. 90 million users were forced to log out of the account. that was part of the safety fix. melissa. melissa: log out or delete facebook. >> if you can. it is not easy to do. melissa: well, i did. david: the circus on capitol hill just got an extension. melissa: oh, no,. david: after a key republican senator called for a one week delay in the call for a vote. steve forbes, forbes media chairman, is here it explain what the heck is going on.

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apart. david: senator lindsey graham in captivating, really historic speech today, talking about the danger of delaying justice this is just before senator flake delayed the judge kavanaugh's confirmmation process even longer. here now, is steve forbes, forbes media chairman. there you had this morning, lindsey talking about how the country will be pulled apart if you delay it more. then an hour later, flake delays it more. what is going on? >> nobody knows what got to him. why he did this. i was pleased as most americans were that they had the hearing yesterday, cathartic. people got to really know these two individuals. david: exactly. >> very, very good. so what more is there to learn? reexamining old witnesses, getting more testimony? it is delay, sadly. this will not add to what we learned yesterday. david: there is an old phrase, justice delayed is justice denied. you're not only denying justice to this man by getting to the bottom of the charges against

him and trying to clear up a reputation which heretofore has been perfect, now it is tarnished. doesn't he deserve better than this? isn't that exactly what lindsey graham was saying this morning? >> yes. i don't think anything will come from this investigation that we don't know already. there is plenty there for people to make their minds up, especially after yesterday, hearing personally from the two key people. and so, the fbi does it again and, you get get more allegations coming up again. so it, they have got to make a decision. i think senator graham in effect said, we'll give it another week but we got to come to a conclusion. david: there is another problem here, every time in the past couple years that the fbi has been put right in the middle of a political controversy things have gotten terribly screwed up. melissa: right. david: even more than they already were. here is another instance of putting the fbi, which is in the middle of all of its own

controversies right in the middle of another political sir circus. >> too many people are using the fbi as a shield, putting off to make a hard decision. we see that in government all along. not as dramatically or ferociously as this, elected officials love to have independent agencies make the hard decisions. they come off vague rules. sometimes they have to step up to the plate, whatever decision they make it will be a hard one. people will be unhappy no matter what they do, that is what they're elected for, to make those hard decisions in the public square. david: they're not doing it. >> that's right. david: very quickly, after a week of an fbi investigation do you think that judge kavanaugh will be confirmed? >> i have to think that he will be confirmed. given all of the evidence, unless something dramatic comes up that we really haven't seen before that is credible, from

credible sources. david: i have to make a sharp turn because there is trade talk. canada is still going out -- minister trudeau, the canadian was trying to defend his side. the president-elect of mexico is saying he still wants a version of nafta. he doesn't want mexico and the u.s. alone. he wants canada in the mix. do you think he will get his way? >> ultimately yes, mexico for nationalistic reasons, doesn't want just the u.s., it likes the idea of a friend to the north or another partner. president of chile, good guy, chile can be part of this process too before it is over. so the president-elect is doing it for political reasons as well as economic reasons. this continent is united in terms of supply chains. yes, they will make some adjustments to have not canada part it is disruptive and hurt mexico.

david: let's go yankees? >> oh, man, yes. the game in new york, not oakland. david: we're working to get home team advantage here. we'll see what happens. steve, thank you very much. melissa. melissa: the rocky road to the supreme court. republican senator jeff flake pushing judge brett kavanaugh's nomination forward but with a catch. so what happens now? chad pergram breaks it down next. ♪ it's easy to think that all money managers are pretty much the same. but while some push high commission investment products, fisher investments avoids them. some advisers have hidden and layered fees. fisher investments never does. and while some advisers are happy to earn commissions from you whether you do well or not, fisher investments fees are structured so we do better when you do better. maybe that's why most of our clients come from other money managers. fisher investments. clearly better money management. if you're waiting patiently for a liver transplant,

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oh good, you're awake! finally. you're still here? come on, denise. we're voya! we stay with you to and through retirement... with solutions to help provide income throughout. i get that voya is with me through retirement, i'm just surprised it means in my kitchen. oh. so, that means no breakfast? i said there might be breakfast. i was really looking forward to breakfast. i know... voya. helping you to and through retirement. melissa: the drama unfolding on capitol hill today. senator jeff flake making last minute changes to his decision on sending the nomination of judge brett kavanaugh to the senate floor. joining me now is chad pergram, fox news capitol hill senior producer. my friend, i have to ask you first because you have been following this for so long, were you shocked, have you ever seen anything like this? was it a big surprise? what was it like? >> i said to a couple people earlier this morning we think we know how this is going to go but

i bet there will be some change. there always is. it is kind of like the line in the most recent "star wars" when luke skywalker, said, you doesn't know where this will end up. that is where we are right now. i talked to susan collins the republican senator from maine a few moments ago. she came into the conclave in senator mitch mcconnell's office. she took a back elevator. she is trying to avoid the press. she supports the delay with the fbi investigation. there was group of senators that spoke to the white house endorsing this idea. collins says this was an important development that will let us go forward. we're told what this might do, essentially give the moderates on both sides of the aisle, republicans and democrats some cover. now just a few moment asking i spoke to jeff flake, the republican senator from arizona who was this idea his idea to slow it up, behooves senators from both parties to tap the brakes here. democrats are ones called for this delay. it will make them feel better

about the vote. i'm not saying that this plan is going to change any votes but this is what democrats were asking in the first place. so the question right now is, do they start this debate tomorrow. i just emailed with somebody but they don't know. they will have a debate and confirmation vote win or lose by next week. melissa: i watched the whole thing wall-to-wall today and yesterday, it is high drama. to me there is very little sincerity. there was one moment where i thought lindsey graham was breaking down what was going on. can we play that sot real quick. >> why the difference between gorsuch and kennedy? i mean gorsuch and kavanaugh? this is high-stakes stuff, right? this is the seat, where the guy in the middle is at risk. kavanaugh clerked for justice kennedy. would you have picked him? no. but you lost the election.

melissa: isn't that what the fight is really about? so the fbi investigation, whatever it is, the supplemental investigation, doesn't solve anything around the real issue which is this fight over whether the court is going to be leaning one way or the other? >> that is why democrats will turn around say, wait a minute, we felt we should have had at least one of these seats, they will always invoke the name merrick garland. that is president obama put forth in 2016 after the passing of justice scalia. he never even got a hearing. republicans crowing about democrats playing foul here but democrats frankly have a compelling argument about merrick garland -- melissa: i totally agree with you, because this is really about the swing seat, more days and more investigation, doesn't move the ball. that is a fake issue. i mean -- >> it does intensify that. melissa: so then what happens in a couple days? >> well that is where some people think maybe this is bad news for kavanaugh because you know, you keep having these

delays, what else can be cooked up? what else can be out there? as i always say on capitol hill nothing is decided until everything is decided. right now they are far from deciding this i will flag one thing that is an interesting point to your question from amy klobuchar, the democratic senator from minnesota. sometimes when we do have the fbi investigations even though kavanaugh has been through a bunch of we find something about the nominee, the nominee says i will withdraw and sometimes that happens. melissa: that is what they're hoping and praying for. chad pergram, thank you. >> thank you. melissa: i wish everybody would be honest. david: lindsey graham was. melissa: we're fighting over the direction of the court. david: he was okay what jeff flake did, which i don't think was honest. that is the beltway. cracking down on liberal censors. republican lawmakers sitting down with google's ceo hoping to get to the bottom of alleged bias on site. things got very fiery. we have details you don't want

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david: google ceo meeting with kevin mccarthy and members of house judiciary committee. i guess it got a little hot, susan? >> google ceo, sundar pichai appeared in closed-door and will appear in a meeting in november. this took place in washington, d.c., with republican lawmakers, that does include house majority leader kevin mccarthy who arranged discussions with two dozen gop lawmakers. i know many of us have been out to silicon valley and spent time with companies changing our world and i think a lot of this

progress is been for the better but as big tech business grows we have not had transparency and that led to erosion of trust and harm to consumers. mccarthy said discussions will continue after today. pichai will meet with white house economic advisor larry kudlow while he is in washington, d.c. pichai meetings caps off a week of meetings of high scrutiny. they are not happy that google did not appear to send pichai to attend the senate hearing where sheryl sandberg and jack dorsey was in attendance. there was a video after the 2016 election and leaked email chain showing employees altering search results, and first version of the travel ban released in january 2017. people were concerned about conservative bias on the website. google recognizing that they

need to do damage control and put more face time in d.c. david: a lot of that. thank you very much, susan. i appreciate it. >> it was wild week on capitol hill to say the least. we have a recap of the dramatic turn of events coming up next. ♪ the riskiest job. the consequences underwater can escalate quickly. : it's like, hey, thats mine! i want to keep doing what i love. that's the retirement plan. with my annuity i know there's a guarantee. annuities can provide protected income for life. learn more at retireyourrisk.org copd makes it hard to breathe. so to breathe better, i go with anoro. ♪ go your own way copd tries to say, "go this way." i say, "i'll go my own way, with anoro."

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. >> the past 24 hours have been unprecedented and historic world. take a listen. >> with what degree of certainty do you believe brett kavanaugh assaulted you? >> 100%. >> my family and my name have been totally and permanently destroyed. this confirmation process has become a national disgrace. >> i do think that we can have a short pause and make sure that the fbi can investigate. >> and we have breaking news, sarah sanders tweeting a statement from president trump

saying i've ordered the fbi to conduct a supplemental investigation to update judge kavanaugh's file as the senate requested. this update must be limited in scope and completed in less than one week. good luck. >> right! "the evening edit" starts right now. >> as i understand it from the statement, is there will be a supplemental background check consistent with what the statement said, not to take longer than a week. we're going to move to proceed to the nomination tomorrow either by recorded vote or voice vote. hopefully in the next few days, the fbi will answer questions that linger in the minds of some, and we will have our up-or-down vote next week. liz: the judiciary committee agreed to instruct the fbi to take a week to do the supplemental background investigation, and judge kavanaugh and the white house saying he supports that. this is a condition asked for by republican senator jeff