lou: america first. and a reminder could preorder burgess owens' new book, wh. kennedy: the that's top republican has a warning for democrats. quit delaying and resisting the kavanaugh vote. a poll shows more americans think the confirmation is the target of a smear campaign. christine blasey ford says she is 100% sure brett kavanaugh attacked her. president trump defended him in

tennessee. president trump: democrats are willing to do anything and hurt anyone to get their way, like they are doing with judge kavanaugh. they have been trying to destroy us since the first second he was announced because they know that judge kavanaugh will follow the constitution as written. and he's a good man. great student, great intellect. never had a problem. all of a sudden, let's go back to high school. kennedy: earlier today president trump said he's fine with the fbi probe but he wants it over soon. we are told that could happen as early as tomorrow. predictably the democrats say the investigation isn't good enough. mitch mcconnell called out the dems. >> their goal post keeps

shifting. but their goal hasn't moved an inch, not an inch. the goal has been the same all along. and so let me make it very clear. the time for endless ask delay and obstruction has come to a close. judge kavanaugh's nomination is out of commit. >> i, we are considering it here on the floor, and mr. president, we'll be voting this week. kennedy: democrats painting democrats as an aggressive drinker. will we get a vote this week? joining me the editor-in-chief of the superior court review. we were talking about judge kavanaugh's record on first amendment cases.

now we are in different territory. >> we are in cloud cuckooland. kennedy: it's very disheartening. what would you make of today's developments? >> i hope jeff flake and lisa murkowski are enjoying this extra week of silly season. it's not going to convince hard-core proponents or opponents of the kavanaugh nomination. but they are not the target audience for this. at the end of the day, this week, the votes will be the same. if people think there is more legitimacy to the supreme court out of it, i guess okay. but i don't think there is a point to all of this he said-she said. now we are talking about his college drinking. i would be suspect if someone did not drink when they were in college. kennedy: especially the early to

mid-80s. that was post-animal house, right in the sweet spot of "fast times at ridgemont high." prosecutor mitchell who was tasked with asking some of these what many thought were boring questions of dr. ford actually turned up a very interesting memo. they found the conversation they had before the senate judiciary committee. how much of an impact does that membership oh have on people like lisa murkowski and jeff flake? >> i don't know. the exercise with special possible outer mitchell was an artificial one as well. typically when you are doing these interviews it's not in those weird five-minute blocks. at the end of the day it isn't

about whether to charge someone it's a little bit of a different standard. but it goes into that media circus machine. i'm glad when you and i were in college there was no social media and no iphones. none of that stuff. so we are just left with our year box and calendars. kennedy: let's talk about dianne feinstein's rationale for sitting on the letter like a hen with what very delicate egg. do democrats have a right to demand a less expedited process when they wasted so much time bringing this letter forth? >> the problems, and i think the senators gram and cotton called for an investigation of dianne feinstein. she said she wanted to protect

dr. ford's confidentiality. the way you do that is have an investigation in executive committee in private session. not in front of the camera at the 11thth hour. kennedy: it was very cruel. if it wasn't her, it was someone who saw the letter and leaked it to the press and forced her out of hiding through this hideous intimidation process. >> apparently her lawyers didn't convey to her the senate was willing to go to california to interview her. she said she was afraid of flying. come on, you not have it both ways. it seems everyone wants it both ways. it's not an acceptable process. was judge kavanaugh the wrong nominee for this position. >> he wasn't my number one

choice, but he' he's a solid conservative and textualist. all of this is ticky tack stuff. all of this stuff is nonsense. if you like his jurisprudence vote against him. if you do like it, vote for him. everyone is shocked nothing is getting found. and this is not helping the country. at the end of the process it's not about who wins. it's who loses the least. kennedy: if president trump had nominated mike lee. >> i will give him a pass for not drinking in college. kennedy: a new quinnipiac poll shows 49 person * of

americans -- 49% think kavanaugh is the target of a smear campaign. two of his colleagues in college said they never saw him act aggressively towards women and never saw him pass out drunk. justin walker was a law clerk for kavanaugh at the d.c. circuit court. and he clerked under justice kennedy at the supreme court. let's talk about this. you have seen the pain on judge kavanaugh's face when he talks about this family. this has been a very brutal process. does it pain your heart to see your mentor go through this? >> absolutely. those days were heartbreaking from beginning to end to see judge kavanaugh and his wonderful family. and it was heartbreaking to

watch dr. ford's testimony. she has not been well served by senator feinstein and the liberals on the committee. i think they used her. i think she trusted them that she would be able to keep her name confidential. somehow after she only told senator feinstein's office it was leaked to the press. it did harm to dr. ford. kennedy: at some point when she looks back on this, i hope perspective allows her to see she was used as a pawn. democrats are way better at republicans than galvanizing and deploying talking points. today's new talk point is become requires an angry drunk. what do you think of that? >> oh, my goodness. you know, kennedy, this is one of the accusations against judge

kavanaugh is talking about something he's accused of doing in public. it's not a matter of he said-she said issue. it's a matter of a few disgruntled outliers from judge kavanaugh's past make up stories about him being a wild and crazy drunk. and we have contrasted against that, dozens, scores of judge kavanaugh's friend, the people who knew him best from high school and college. they say if this is the kind of person he would have been in public, we would have seen it, we would have point in. we know it's not true, period. kennedy: you bring up a good point. what they are implying is that judge kavanaugh is so morally flawed, he's such a bad uncontrollable person who gives into his worst impulses, and these impulses and acts are so well known that the fbi failed utterly in detecting any of them

over the course of 26 years. and then at the same time, they are relying on the fbi to complete a comprehensive investigation with very little evidence whether it's witness testimony or physical testified to fall back on. i was talking to illya shapiro at the top of the show saying you can't have it both ways. >> kennedy, this process is a farce. you hit the nail on the head. consider two things. consider the timing, and consider the source. as for the timing, if the democrats wanted an fbi investigation they could have had one six weeks ago in july when they first found out about this. consider the source. the people trying to assassinate judge kavanaugh's character. senator blumenthal from connecticut who said he had been a warrior in vietnam fighting in

the army. turns out he had never been in the country. senator hirono whose mentor was accused muching sexual assault and she never said a word. kennedy: cory booker corroborated his own sexual misconduct. this hyper moralizing will take us to bad places in the future. those of us who want to limit the size of government, they are just proving that the government is by and large run by a bunch of incompetent boobs. >> i hope when the roles are reversed that republicans don't sink as low as some of judge kavanaugh's foes have sunk.

but you sow what you reap is a phrase that will be appropriate. kennedy: jeff flake called for a delay in the confirmation to allow time for the fbi to investigate. but we have been brave enough to pulpit off if he weren't retiring. >> you announced you are not running for reelection. could you have donnis if you were running for election. >> not a chance. no, no. >> because pal particulars has become too sharp. >> there is no value for reaching across the aisle. noise currency, there is no incentive. kennedy: the kavanaugh divide is ugly and partisan. is anyone interested in the truth? the panel is ready to weigh in,

guy benson and from the washington times charles hurt. and the host of the jamie weinstein show, j.w. in the flesh, jamie weinstein. jeff flake -- i don't think he's endearing himself to either side. he has been floating the idea himself. nobody has asked for a jeff flake presidency. but he has been to new hampshire and he's poking the bear. i don't know what a jeff flake republican looks like. >> no better you think of jeff flake and his political future. if he tries to primary the president from the right as a conservative he'll get demolished. i would prefer a jeff flake to a donald trump. but that's not the reality. the left is never going to

accept anything. there are middle ground folks who were saying all right, who is this mark judge guy? having the fbi on this before confirmation longer term is helpful. kennedy: i think if judge kavanaugh is confirmed, if there weren't another stage in the process, he would have a cloud hanging over his head for the rest of his career if he does have a career. but i think jeff flake could have bean little bit more honorable and instead of following bob corker to the microphone saying i am a yes. then there was a confound because jeff flake wants to be liked, and that whole thing was very clumsy.

>> anybody who doesn't know politics in washington is a sewer pit isn't paying attention. the only thing we heard is that jeff flake is a coward. if he really thought stalling for fbi investigation, while i don't think we needed one, but if it puts people's fears at ease and it's a good, positive thing. the fact that jeff flake admits he wouldn't have called for it if he was facing reelection because his voters are too dumb to understand what's good for them. good riddance. get out of politics and congress. find another line of work. kennedy: if you are doing back bends to meet the needs of people you despise you shouldn't be in politics. >> we have a senate full of cowards. i agree with jeff sessions -- jeff flake's decision here. but what we need is senators

willing to make that, even if the political consequences mean they have to lose office. we elect leaders to make decisions then let the people decide if they stay in office. i have one proposal that might make the senate more powerful. no one elected to the senate shall ever be allowed to run for president. kennedy: it would be so boring. kennedy: when would kamala harris have a chance to grandstand. when she was asking questions the other day, i thought i never thought it would say this. i miss barbara boxer. that's how bad it was. the panel returns a little bit later. president trump just made good

on another campaign promise. what about your wallet. sebastian gorka is here to react with the truth next. the closer you get to home,

the more you know the commute is worth it. for all the work you pour into this place, you sure get a lot more out of it. you and that john deere tractor... so versatile, you can keep dreaming up projects all the way home. it's a longer drive. but just like a john deere, it's worth it. nothing runs like a deere. now you can own a 1e sub-compact tractor for just 99 dollars a month. learn more at your john deere dealer.

kennedy: presidential candidate donald trump scored big with delivering on nafta today. president trump: throughout the campaign i promised to renegotiate nafta and today we kept that promise. instead of jobs leaving for overseas, they will be returning back home. this is a truly extraordinary agreement tore the united states, canada and mexico. kennedy: markets loved it, stocks rose sharply and even the failing "new york times" called it a significant victory for the president. it needs to pass congress, but politicians on both sides of the aisle are said to be optimistic. has the president smashed through the new deal? joining me, sebastian gorka.

welcome to the show once again, dr. gorka. let's talk about this new usmca. does it change anything significantly? >> it does. it's the "new york times" has good things to say about it, you know this is an epic deal for american businesses, american workers and american consumers all around in the biggest most of sensitive industries, automotive and parts manufacturing and dairy produce. this will rectify all the bad aspects of the original nafta deal that favored everybody else except we americans. kennedy: i'm excited to see canada being able to enjoy the truth of our teeth as the american dairy products are the best in the world. >> they need stronger bones and

need to drink american dairy products and cheese. obama told the world donald trump could not bring back those jobs. he needed a magic wand. he must be more than a grad watch whrar on. he must have graduated hog warts. this is going to be the cream on top of the whole deal. kennedy: would he have been a member of slitherin? >> no, not at all. it would have to be. what is the won mermime went to.

kennedy: griffindorf. kennedy: is this all a message to china? >> donald trump didn't start any trade wars. but he's going to finish them and win them. china has been at war with us since we took disastrous conditions from kissinger on down. all these concessions to china that they exploited while at the same time the things they were doing with intellectual property theft. if you look at what they are doing in response to the president's very clear messages, they understand this is the man who wrote "the art of the deal" and they are starting to play the game by his rules, and that's good for all americans. kennedy: it was interesting in

the final days of the nafta reboot, the president and the president of mexico had come to an agreement about what a u.s.-mexico trade deal might look like. the president said if justin wants to come to the table fine, if not, we are fine with that. they kind of mean girled them into an 11th hour agreement and canada gaved. -- canada caved. >> 30 years of free loading, then they agreed to pay the 2% of gdp they promised. mexico finally understands it, trudeau and canada finally understands it. if you are looking at the ramifications of the iran deal by barack obama, i think europe is starting to understand. you can choose between iran and

america. kennedy: that's right near these united states of america. sebastian gorka, thanks for stopping by. kennedy: it's been one year since the las vegas shooting. the fbi vowed to get to the bottom of this horrific crime. but they haven't released that report. why is it still unsolved. the monologue is alerts -- wouldn't you like one from the market when it might be time to buy or sell? with fidelity's real-time analytics, you'll get clear, actionable alerts about potential investment opportunities in real time. fidelity. open an account today. fidelity. is important to me so father being diagnosed with advanced non-small cell lung cancer made me think of all the things that i wanted to teach my kids. (avo) another tru story with keytruda.

(roger) my doctor said i could start on keytruda so i did. with each scan things just got better. (avo) in a clinical study, keytruda offered patients a longer life than chemotherapy. and it could be your first treatment. keytruda is for adults with non-small cell lung cancer that has spread... ...who test positive for pd-l1 and whose tumors do not have an abnormal "egfr" or "alk" gene. it's the immunotherapy with the most fda-approved uses for advanced lung cancer. keytruda can cause your immune system to attack normal organs and tissues in your body and affect how they work. this can happen anytime during or after treatment and may be severe and lead to death. see your doctor right away if you experience new or worsening cough, chest pain, shortness of breath, diarrhea, severe stomach pain or tenderness, nausea or vomiting, rapid heartbeat, constipation, changes in urine, changes in eyesight, muscle pain or weakness, joint pain, confusion or memory problems, fever, rash, itching or flushing, as this may keep these problems from becoming more serious. these are not all the possible side effects of keytruda. tell your doctor about all your medical conditions

including immune system problems, or if you've had an organ transplant or lung, breathing, or liver problems. (roger ) before i'd think of the stuff i might miss. but now with keytruda, we have hope. (avo) living longer is possible. it's tru. keytruda, from merck. ask your doctor about keytruda.

kennedy: it's hard to believe the las vegas massacre was one year ago tonight. we still have no idea how one miserable, disgusting psychopath killed innocent people and wounded hundreds more. what drives an ordinary homely hellbound guy to open fire on unsuspecting, unprotected music fans who are being legally hassled by mgm resort. there are plenty of theories. he was a disgruntled gambler and wanted to exact revenge on the

villains who plun derd his savings. or he wanted to live in the shadow of his bank robber father. the government can't always keep you safe, but you would hope they do a better job of transparency and release the mother loving fbi report. i'm look at you rambling rod rosenstein so those who deserve it most of might have something close to an explanation. fit was the worst mass shooting in american history. the city is holding a number of memorials to remember the survivors. why was such an enormous crime as the investigation seemly reached a dead end. the panel is back, guy benson,

charles hurt, and jamie weinstein. jamie, it's unsatisfying it's a horrible thing to have to relive this day after day. >> there is no real idea of what occurred. you gave a couple theories. but it's up in the air. no one has any idea. we like to think our intelligence and fbi can figure out anything. it appears something happens on american soil of this gravity and they just haven't figured it out. kennedy: the fbi has a lot of pushback. there has been a great negative perception over the bureau. it seems like something like this could help bring closure to victims and family members of those who are lost. >> absolutely. to be sure, it's a tough operation. >> but it seems like they are hiding something. >> they make it so much harder

and so much worse and so much more horrible for the victims and survivors by being secretive about some of these things. whenever you are secretive, i get it there are times when a government has to keep secrets. when you are unnecessarily secretive, nature hates a vacuum. it will get filled with something, and what it gets filled with are conspiracy theories because you don't have information. kennedy: this is the worst nightmare for law enforcement come true. a lot of people are worried that this is a blueprint for the way hotel security had been run in the past. but charlie is right. when you don't have closure and you don't have an explanation, that's where conspiracy theories develop. we are living in a conspiracy reality where day after day because of opacity, the less we know the more danger there is.

>> the loss of life was heinous. and the creepiness is what continues to this day. the fact that we do not know why this man did it. we had those reports shortly after the shooting that he had done dry runs or other potential gatherings. it could just be that this guy decided clinically, evilly, that he was going to figure out a way to murder as many people as possible an carried it out. there is no explanation for it and that's what make its so much harder. you take the facts, then you let your brain sort them out and you can compartmentalize. but none of that is happening because the mystery remains and may never be solved. kennedy: you hear the accounts of some of these survivors who go over the youtube videos

to piece the night together to give themselves closure and it ends up retraumatizing them. but back in washington, the president had a congress tengs news conference. it was supposed to be about trade, but the media had other plans. president trump: what does it have to do with trade. i don't find answering the question. how about we talk about trade and we'll do that a little bit later. >> i do have a second question on the kavanaugh thing when you get back to it. president trump: don't do that. do you have -- excuse me. do you have a question on trade in don't do that. that's not nice. kennedy: the president called the media loco. he says he considers them part of the democratic party. did the woman in the media overshadow what was supposed to

be trump's trade announcement. you know if you are combative with the president he'll come back aught. he's not like president obama. he would take four questions, give 10 minutes for each one then trail off and it was pointless. this president likes sparring with the press. >> america elected jack mason. he did one just a couple days ago in new york and he did one today. perhaps bill shienls influence is here he's trying to put the president front and center. it will be something to watch if he's going to do more engagements with the press. kennedy: the president said the failing "new york times" is going to endorse him along with nbc news and abc news because they would be so bored and

miserable without him and they would lose a bunch of money. >> this was his first bilingual press conference. and he doffed his hat to mexico when he called the press loco. presidents in both parties versus always run these things the same way. they pick who they are going to call on before. and they good it questions they will get. they go out there and stick to the script. if you are not among the chosen reporters, you are never going to get a question. but trump is different. he goats out there. he doesn't have that list. it isn't preset. he calls on you just because he doesn't like you, because he wants to get into a fight with you. kennedy: it's what makes the press conferences entertaining and the press seems to like it.

i asked how do you respond? what do you hear from your colleagues? >> it depends on the day. some of the attacks are gratuitous. the latest thing he said, wake up, it's been 2 1/2 years of this. my favorite moment from the press conference in terms of entertainment value is when he started off the cuff talking about how he would have been if he were a drinker. wow, i would be a total miss. can you imagine we as a drinker. this guys sober when he's tweeting all this. and he basically said yeah, i would be a disaster. kennedy: can you imagine shirtless selfies? >> no, i cannot imagine it and i won't. kennedy: the world would be a very different place. i think the press will live to

see another day. i don't think anyone is getting band from the press corps anytime soon. >> i think when he says the press is the enemy of the people and delegitimizes what truth is, calling fake news is problematic. his sparring with the press, i don't have a problem with that. gentlemen, thank you so much. great to see you. coming up, the partisan bickering in washington has created a great ideological chasm in america. where's gary? 'saved money on motorcycle insurance with geico. goin' up the country. later, gary'

i have a motorcycle! wonderful. ♪ ♪ i'm goin' up the country, baby don't you wanna go? ♪ ♪ i'm goin' up the country, baby don't you wanna go? ♪ geico motorcycle, great rates for great rides. hi.i just wanted to tell you thdependability award for its midsize car-the chevy malibu. i forgot. chevy also won a j.d. power dependability award for its light-duty truck the chevy silverado. oh, and since the chevy equinox and traverse also won chevy is the only brand to earn the j.d. power dependability award across cars, trucks and suvs-three years in a row. phew. third time's the charm...

kennedy: are you sick and tired of the partisan political playing that infected our nation's capitol that is infecting the rest of the country. my next guest is a libertarian candidate for congress who is going door to door and talking to people. joining me, pennsylvania congressional candidate, tim wilke. you were a senior producer for

john stossel and those ideas much liberty seeped into your very soul. how do you go from being a tv producer, then a tv reporter in the lehigh valley to becoming a u.s. congressional candidate. >> i left here to become a report and i spent a lot of time talking to people. i was a business reporter. i saw directly in our community where i group and where i lived the way government can hurt people. i kept hearing over and over how people wanted choices that weren't republican or democrat and i thought i would give them one. kennedy: some of the progressive candidates are using the same tactic, the tried and true door to door candidacy. but you are actually going out

and talking to people. do you have a shot? >> absolutely. thousands and thousands of doors i have knocked on at this point. i hear -- i have democrats, republicans and libertarians supporting me. there is a common strain we saw with trump and then cortez. people are disgusted with both side. when i go to doors and tell them i'm running for congress. but when i say i'm not a democrat or republican i just want to talk to you, they say okay. kennedy: is the libertarian party back your campaign? >> i'm nominated by the libertarian party. i'm fighting as hard as i can to win. and that's what i plan on doing. this is absolutely possible. look at this kavanaugh situation.

the establishment at this point. that sad fiasco in washington is the embodiment of why we need something different than these two parties. look at that situation. they took some people's lives. regular people, and they ruined their lives. why? just to increase their own power. kennedy: and to prove they are on one side or the other. bifurcation is paralyzing. >> and they want to us do that, too. they wants polarization. they want to us fight. they want the deepening culture war, almost cold, civil war we have. the more we fight, do you have an impression of john stossel? >> when john and i -- john and i were once work on a piece together, and he looked at me, he just paused and looked at me and said i hate government. and then he just hit play and

didn't say anything else. and i just said -- kennedy: and you are making the world better. i hope you win your seat. you are a great person and you care deeply about the people you wish to serve. silfies, that's the name. tropical storm we opened our doors with 70-megawatts, 35 mules, and an ice plant. but we brought power to the people- redefining what that meant from one era to the next. over 90 years later we continue to build as one of the nation's largest investors in infrastructure. we don't just help power the american dream. we're part of it. this is our era.

this is america's energy era. nextera energy a new way to save on travel. now when you book a flight you unlock discounts on select hotels that you can add on to your trip up until the day you leave. add on advantage. only when you book with expedia. the more you know ththe commute is worth it., you and that john deere tractor, you can keep dreaming up projects all the way home. it's a longer drive, but just like a john deere, it's worth it.

kennedy: the ohio state university jumped over clemson to take the number three spot in the sec poll. raise the rates because this is the "topical storm." topic number one. we begin at the luscious los angeles coliseum where football attendance is falling fast. this rams fan got thrown four rows down by a vikings fan who was immediately flagged for intentional ground. but the fight didn't end there because of alcohol. these classy gals got called for illegal hand to the face. but they did such a good job of

punching they got job offers from the real housewives of beverly hills. it's nice to see somebody fighting over a yearbook besides the senate judiciary committee. topic number two. what did you mean here by flatulence. let's head down to georgia where the morning commute was so bad drivers were having a cow. this tractor-trailer overturned on an atlanta highway. looking for love get away. and traffic was going nowhere, just like the falcons. police are now questioning the driver and his seeing eye dog. needless to say, this is not what his friends meant when they invited him to go cow tipping. most of of the cows were corralled at the scene. but fear not. police are conducting search

it's a stakeout. topic number 3. let's go to lacrosse, wisconsin, where gamblers made a killing betting the underdogs. it's the annual dachsund races. they are right up there with 1-year-old girls randomly crying and 45-year-old men texting their high school girlfriends. the winner was a 10-year-old pup named daphne. but no prizes will be handed out until she passes the drug test. for those of you not familiar, scooby doo was a cartoon dog who drove around in a van called the

mystery machine which was made after hillary's email server. hillary, topic number four, what happened. the nfl closed its brand-new times square museum. jets fans are used to short runs. the museum was a partnership with cirque du soleil. it was cool for kid who learned how to properly kneel for "the national anthem." but parents wouldn't stand up for the $38 admission fee. if you are that upset by the closure, you will be happy to know the city of los angeles has an nfl experience at the county jail. i'm head or heal head or heels

for football. my goodness, that's steep. my goodness, that's steep. we'll be right back. hi, kids! i'm carl and i'm a broker. do you offer $4.95 online equity trades? great question. see, for a full service brokerage like ours, that's tough to do. schwab does it. next question. do you offer a satisfaction guarantee? a what now? a satisfaction guarantee. like schwab does. man: (scoffing) what are you teaching these kids? ask your broker if they offer award-winning full service and low costs, backed by a satisfaction guarantee. if you don't like their answer, ask again at schwab. if you don't like their answer, so let's promote our falle a homecomingtravel dealame, on choicehotels.com like this. touchdown. earn a free night when you stay just twice this fall. or, badda book. badda boom. book now at choicehotels.com

should happen everydred five hundred years, right? fact is, there have been twenty-six in the last decade. allstate is adapting. with drones to assess home damage sooner. and if a flying object damages your car, you can snap a photo and get your claim processed in hours, not days. plus, allstate can pay your claim in minutes. now that you know the truth... are you in good hands? kennedy: thank you so much for watching the best hour of your day. it's

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