tomorrow night tucker karl on will be with us. judge jeanine pirro. thanks for being with us tonight. and good night from new york. kennedy: the drama is building to a peach pitch as the nation waits for that fbi report on supreme court nominee brett kavanaugh. lit exonerate him or will the accusations bring him down. we could know by tomorrow. but there is a clients not be made public. the fbi doesn't like to release anything. kavanaugh is in the fight for his life battling allegations he assaulted several women as far back as the 80s. everything from drunken drinking to gang rape, good lord.

christine blasey ford's lawyers say the fbi has yet to interview their client. the political firestorm surrounding this continues to build. democrats claiming kavanaugh was unteut fel when he -- was untruthful when he testified. >> this isn't what i would call a fair process. people have made up their minds and they are trying to defeat the nomination by any means whatsoever. including an orchestrated smear campaign against the judge. i think we hit a new low, and that's saying something. kennedy: this morning president trump weighing in on the damage this could be doing to the nation. >> it's a very scary time for young men in america when you can be guilty of something you may not be guilty of. this is a very, very -- this is a very difficult time. what's happening here has much

more to do than even the appoint of a supreme court justice. it really does. you could be somebody who was perfect your entire life and somebody could accuse you of something. kennedy: joining me knew ed henry. ed, what's the latest? ed: we are hearing as soon as to the white house is expected to get some kind of report from the fbi about what they found in terms of whether they were able to get any evidence to corroborate any of the sexual assault allegations against brett kavanaugh. that's important because that might get the clock going. the deal last week was friday that the fbi would have one week. so until this coming friday to get this investigation done. we are getting indications break from sources at the white house that the report may be in the white house hands as early as

wednesday afternoon. that with explain why senator mcconnell is pushing ahead and planning to have some sort of an up or down vote in the senate. if they were waiting until friday to get the report they might not be able to vote until next week. but what this tells us is the white house senate republicans are not expecting there to be corroborating evidence. we know mark judge has talked to the fbi. on multiple occasion he and his attorney said we don't have anything to corroborate what dr. ford said. a lot of the allegations are not standing up. they are not just very old. but julie swetnick has walked back some of the things she said about gaining rape. -- gang rape. we are talking about the possibility of gang rape, such

an awful, vile, disgusting thing. brett kavanaugh angrily said it never happened. kennedy: an incredibly serious allegation. if for some reason some of those allegations prove to be false and this woman under oath made knowingly false statements, what happens to her. ed: there are some republican senators who are saying they want the fbi to do another investigation. julie swetnick represented by michael avenatti, the porn attorney who said he had this sworn statement from swetnick about kavanaugh and michael judge spiking the punch. they walked that back. kennedy: i want to talk about christine blasey ford and judge kavanaugh. will they be the last to be interviewed? ed: they may not be interviewed

at all. another thing broken tonight is christine blasey ford's legal team said we haven't heard from you. we have been calling and writing and we are not getting anything back. we are being told in this case what the fbi is focusing this limited time on resources to talking to other people who might be witnesses. in this case they have hours of testimony under oath the before the senate judiciary committee from dr. ford and hours of sworn testimony from judge kavanaugh. if they are not spoken to it means they didn't get anything new. if they get something new, then they would have to go back to dr. ford and say okay, we have a problem because this witness is saying this, and judge kavanaugh you told the senate judiciary committee this never happened, now mark judge is saying

something different. so far ford and after thank you have -- ford and kavanaugh have not been interviewed by the fbi. kennedy: ledland kaiser, she also gave a sworn statement. that will be problematic. ed, we are running out of time. the fbi has been in hot water with both parties for different reasons. one the hillary clinton email server investigation which was rekickstarted right before the 2016 election. then the possible malfeasance the president is alleging some of the top operatives were engaging in to launch the russia investigation. the fbi has been at times very

unpopular and what do they do in a situation like this? ed: i agree the fbi has an opportunity, which has been maligned by some -- but the president says he was going after the political leadership like comey and mccabe who he felt were going after him. this is an opportunity for them to look at the facts independently and fairly. can we corroborate it or not? i think that could help this nomination move forward and kavanaugh could be confirmed. with all these allegations, in fairness to him, he vehemently denied it. if the fbi can't corroborate it. it gives the nomination momentum. kennedy: and they have a six-layer file to draw from. if there is exoneration, what

the shriek will be from the left. the third kavanaugh accuser, julie swetnick, she is represented as you know by michael avenatti within the creepy porn lawyer. she allegedly claimed she saw kavanaugh spike punch bowls and there was gang rape at a party he attended. but she stopped short of accusing him. >> did you see brett kavanaugh spiking the punch? >> i saw him giving red solo krup cups to quite a few girls. i saw him around the punch. i don't know what he did, by saw him by them, yes. few know what i'm going ask. everyone is wondering if one of those people was brett kavanaugh. >> i cannot specifically say he was one of the ones who assaulted me.

but before this happened to me at that party, i saw brett kavanaugh there. kennedy: before the interview nbc issued a warning they had not been able to corroborate those explosive claims. one republican senator is calling on the senator to investigate her. why did they choose to give this story any air time at all. and if it's proven fault, do these kinds of allegations do more harm to women than good? joining me, hadley heath manning. when we got this sworn statement from julie swetnick, everything just stopped. we wondered if this nomination would in fact be pulled by the claims made. but when you started reading between the lines she wasn't saying wait originally appeared she was saying, what michael avenatti claimed she would say

once we got this document. now she goes on nbc news and her story seems to be falling apart. what's happening here? >> if you read the original statement it was heartbreak. it made you think about these assaults that are allegedly taking place on college campuses and the victims of sexuality assault who have to watch our country be so fiercely divide. and with this initial statement from julie swetnick was a bunch of insinuations. she would say things like i was gang raped at the party, and brett kavanaugh was there. hopefully -- her hope being people would put two and two together and see this is another allegation against his character. kennedy: you can see some of the implications were not coupled. but she herself has come up

against credibility issues. when michael avenatti released her sworn statement, he said don't you dare come after her, don't look into her past or we'll come after you with twice the force. journalists have looked into her past and she does have credibility issues. >> that's right. nobody likes for his or her life to be put under a microscope. i am sure judge kavanaugh would say that he didn't like his high school and college years under the microcoach. but julie swetnick has been sued by a previous employer for make false claims of sexual harassment and falsifying records. she lacks any other witnesses she has named have failed to corroborate her story. in absence of other evidence, her personal credibility is

relevant it's hard to ignore when it comes to these allegations of sexual harassment. kennedy: what she said is so serious. michael avenatti promised there would not many be corroboration, there would be eyewitnesses to this account. if that were the case, this would move up the docket in terms of seriousness. as far as we know, they are not talking to julie swetnick, is that true? >> she named four people that she said would corroborate their story. nbc news reached out to all four of those with no success. one of the people she named is no longer living. as you mentioned, kennedy, it's a wonder why nbc was giving air time to these uncorroborated claims. kennedy: i know michael avenatti spent a lot of time on msnbc. it's the point we have gotten to in this discourse it's

disgusting and sad and i will be delighted when we move on. meantime, senator lindsey graham lamenting just how low things have gotten. >> i think he's going to do just fine in terms of the vote. i don't think he'll ever be the same. i think he'll be a great judge for the poor and maybe, maybe, and i don't know why i think this, this is a turning point -- this is bottom. if this is not bottom, god help us all. kennedy: is this truly the bottom? i didn't think it was going to get worse until the next supreme court nomination. but we are in some dark territory, and you know what? we have to ask ourselves, how much worse can it get? i have through smart people on the panel to answer that. she is a correspondent for "the greg gutfeld show." kat timpf is here and lgbt for

trump founder chri chris baron s here. let's talk about this. as the probe expands with the fbi and potentially wraps up, we are in a place that is pretty unimaginable. it only goes one of two ways. either kavanaugh is turfed and his life is ruined or the supreme court has denied justice. what do you think happened? >> unfortunately part of his life is already ruined. people will always view him through the lens of these confirmation hearings despite the fact there has never been any evidence to support them. you look at the michael

avenattis of the world and the senate democrats who exploited these women. they exploited the #metoo movement and exploited the real victims of sexual abuse and sexual assault. it's the grossest kind of politics i have ever seen. kennedy: when you look at julie swetnick's claims and how she is walk them back. dr. ford was by and large except for a couple inconsistencies, she was pretty spot-on. for julie swetnick, for what she claimed in that sworn document. what should happen to someone like that. >> she should be absolutely and utterly reviled. to crisp point in particular -- to chris' point in particular,

once all these contentions lumped together, she gave the swetnick allegations and are tantamount to if not actual libel, slander. but they do have all equal weight, which is amazing. kennedy: she was careful not to talk about some of the more salacious claims in the affidavit. when she was discussing some of the things talking to brett kavanaugh, she was careful. how hot is lindsey graham right now? >> pretty doggone. i think a lot of this has gotten super political. if you are talking about a gang rape you should be careful to corroborate it. kennedy: michael avenatti doesn't care.

he won because he got so much publicity. even if he's reviled, he's being talked about. >> my favorite is ice cubegate. all of my bar fights have been strictly emotional. never got physical. there have been tears but never punches. seriously as far as the weapons go, ice is pretty low on the list. kennedy: unless we are talking about early february and you have a 4-foot icicle. >> i'm not an expert, but i feel you don't need a permit to carry these things. i don't know what happened in terms of the allegations overall. but when it comes to these gang rape allegations westward, they are not credible. kennedy: i know democrats want to say believe all women.

believe all survivors. liars should be held accountable. that ruins people's lives and keeps people who have been hurt from coming forward. that's the greatest disservice. the panel returns. but the left is praising jeff bezos for raising amazon's wage to $15 an hour. did the company cave to the socialist agenda? the feds testing a new system that allows the president to text you directly. introducing add on advantage,

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kennedy: it's probably last text message of any us wants to read, a warning from the president alerting us to a natural disaster. it could be potentially helpful. but there is a lot of pushback claiming it's opening the door for big brother-style propaganda. edward lawrence has the story.

>> tomorrow at 2:18 p.m. eastern time your cell flown go off with an alert. fema is testing the presidential alert that will go off in the case of emergency. the message will look like this. it will read, this is a test of the national wireless emergency alert system. no action is needed. two minutes after your cell phone goes off, the alert test will be sent to radios and television. it's a chance to see if the systems as they upgrade with technology, that the emergency alert system still works. it's to see if all the different systems will pass the alert on. emergency managers go on to say they want to make sure they can

deliver urgent alerts and warnings like the ones they want to deliver, unlike what happened in january in hawaii. it could allow the president to basically text everyone in the united states. kennedy: kinky. edward, thank you. online shopping giant amazon is raising its minimum wage to $15 for all employees. it received a strong show of support from trump's economic advisor larry kudlow. >> good for them. i'm in favor of higher wages. >> more people work and prospering is not inflationary. that's a good thing. it's what's happening in the economy. kennedy: it comes after criticism at some employees have to survive on food stamps.

certainly it's not every day the trump white house is on the same page as bernie sanders. but should the rest of us be as excited about this as jeff bezos? no. because when the president and bernie are excited about the same things, that's populism. is this a bad move by amazon? >> maybe it's okay for amazon. i am so disappointed. bezos was my hero. he's being trashed by bernie sanders. but by doing that he lowered prices for all of us and saved us trillions of dollars. his stockholders are paying billions in corporate capital gains taxes. bernie makes him out to be a villain and he caves. if he wants to say i'll pay my

workers $15, great. but now he's going to lobby and make sure everybody has to pay that so he doesn't lose the competitive advantage. kennedy: but the competitive advantage here hurts other people. those most of in need of entry-level jobs probably aren't going to get work at amazon will be are they? >> they are screwed by this. kid, people who never worked before. mentally disabled people. saying i will give you a chance for $8 an hour, $15 an hour. automation will be increased and people will lose jobs. kennedy: people act surprised the left created this giant incentive for the welfare state to profit from this cronyism. and they show their workers whether it's target or walmart

or amazon, how to apply for benefits so they can pay them less. they donate to political campaigns to make sure the cycle keeps on going and going. >> they should pay their employees what the market demand. the market works really well. the people who are good get paid more. the people who are not get paid less. if you set a floor, 15, why not $30? why not $50? and they say that's too. well how do they know what's too'? on the market can know. kennedy: it's incredibly arbitrary, and bernie sanders acts surprised that all of these companies are up season toughized to do this. he says he's going to tax them forker dollar employees make in public assistance.

>> that's because bezos caved. kennedy: what a sucker. the kavanaugh controversy is getting out of control. it's all about political gain. and the president just spoke about it. my monologue is next.

kennedy: up so sick of hearing

about brett kavanaugh for all the wrong reasons. never mind he has been downgraded from a rapist to anize-sucking romp. hillary-hating conservatives who were scared by donald trump bit the bullet for scotus seats alone. they were pacified with neil gorsuch's confirmation, now the calf nattie saga has people beaten into exhaustion. suburban women tend to believe the gentle testimony of christine ford over brett kavanaugh's passionate rebuttal. so democrats want to twist the screws and prolong the agony to extend the heal rajing to

deliver helpful votes. the change is more often than any host it's about whether enough dirt sticks to his white dicky from gossip mongers. jeff flake buckled to elevator protesters to change his yea vote. and to suffer through his electoral sad face when he's trounced running a campaign no one asked for. jeff flake may be a principled man with some great ideas, but he has the political instincts of a goldfish in a sauna. we have gotten addicted to the drama of twisting plots and ruined lives. but 20 years from now, will anyone have benefited from the process?

if brett kavanaugh is confirmed, he'll be the last man shouting, wiener nerks iner. >> top much his class at yale law school. he's led a life that's unbelievable. he's had no problems. they have never taken him out of restaurants. this is like a person that everybody thought at the highest level on both sides, they said some day he'll be a supreme court judge. he'll be a justice of the supreme court. kennedy: the democrats are saying the fight ain't over. kavanaugh will help their party when it comes to winning over those female voters. among them senator elizabeth warren said it's time for women to go to washington and fix our broken government. and that includes a woman at the top. which party will come out on top

of this political firestorm. it's interesting, because as democrats try to capitalize on some female disenfranchisement. elizabeth warren has to be careful. that kind of talk though it may feel empowering, is off putting to half of the electorate, is it not? >> if you are going to win for president, you need dudes to vote for you as well. it's obvious when you look at what they are doing here. people are like i believe all women and and with survivors. they mean they stand with survivors who are politically expedient to them. they talk about kavanaugh but they wouldn't talk about it so much if it was a democrat. we need to listen to victims, i err on the side of believing victims. and then the gang rape allegations she is contradicting

herself. but so many times we see people using victims as political pawns and weaponizing them which is a disservice. kennedy: if kavanaugh is not confirmed republicans will lose big in the mid-terms and potentially lose the senate. the house is a foregone conclusion. do you buy senate. >> i buy that if we pull his nomination. if republicans are responsible for killing the kavanaugh confirmation, yes. kennedy: cowering to pressure. >> jeff flake could single handedly sing the gop. he doesn't give a crap. why do we even bother having a senate. why don't we leave it up to king flake. you talk about the believe all women thing. i was with anita broader i can. it was unbelievable to talk

about th the details of bill clinton raping her. she had corroborating evidence. none of that was listening to by democrats. hillary clinton didn't give a crap about that. diane fine tine wouldn't even read her sworn statement to the independent prosecutor. this is the legacy of the democrats politicization of the issue. they don't care about victims of sexual abuse and sexual assault. they care about winning politically. kennedy: lindsey graham said if you want to play dirty, the other side can play dirty. i want to see that kind of back and forth pendulum swinging retribution. is iting -- can it get worse? >> it could.

as long as opportune i am is rewarded -- o as long as women fall fo it, yes, we are in peril. the democrats are playing with fire. the senate map, the people up for reelection as we all know, help the republicans. if you look at josh hawley in missouri versus claire mccaskill. if you look at heidi heitkamp's race. those democrats are down. jon tester is playing around. rosendale. so these democrats are actually suffering somewhat if not distinctly in polling. kennedy: that's why there is a push to delay it past the mid terms so those democrats you are

talking about aren't put in a position where they have to choose and potentially alienate the party or their voters who come from these red states like west virginia, indiana, north dakota. >> if you are a man anywhere in this country, why would you vote for a democrat? the democratic party has declared war on men. they say a simple allegation is all it takes to ruin your life. we don't care about the burden of proof other assumption of innocence. you are the bad guy in this country. why would any man, anywhere in this country vote for a democrat. kennedy: all they have to do is looking at the rhetoric from hillary clinton's campaign and realize it was so divisive that it was fatal to her campaign. elon musk runs a space company and he runs tesla. and he has been acting erratic lately. is his company the real deal or

is it destined to crash and burn is it destined to crash and burn 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. this is america's energy era. 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 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.

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kennedy: he can second trick business owner elon musk called a brit a pedophile, and he smoked pot during an interview. and he was fined $10 million for

a tweet about taking the company private. the model 3, they are making 53,000 of them. that may seem like good news, but tesla is facing a number of problems and controversies. it hasn't yet turned a profit. many of the cars are having mechanical problems and they have had trouble delivering the cars on time. joining me, scott martin. welcome back, scott. >> kennedy, i missed you. let's talk about this. can you be both a visionary and ceo at the same time? >> apparently you can try. elon musk style. there is not that achievement without pitfalls and mistakes and some hate and frankly some successes which is the stock so

far this week which rebounded from the disastrous fail had last week wet sec investigation was announced. it's a tough time to walk. he has to be a visionary and revolutionary guy and cutting edge ceo. but he still has to run a company. last time i checked, fundamentals matter at some point for stocks. the fundamentals of this company still aren't very good. kennedy: people who own teslas love them. but at the same time because they are not profitable, your company does not own tesla stock. why is that? >> it's going backing to everything that's happened in the stock in the last week, months and year, frankly which

is a company that can't provide any visibility and when they are going to turn profitable. it was losing over a billion dollars at one point and losing $700 million but still burning cash. and just the fact that the model 3 numbers are good. but those have been sailing along the way as far as the deliveries have gone. kennedy: they have had a lot of problems and they haven't been able to explain them. musk said there aren't enough vehicle delivery trucks to get the cars to the customers. but people who make the trucks go, no one else is complain being a shortage. does he just make things up to explain away the problems they have so there aren't per acceptr september you'ldperceptual issu?

>> the car is awesome. i have a lot of friends with teslas. i'm in circles of friends who have teslas and they love the cars. but beyond that if you look at the company itself and who is running it and the balance sheet and the stock price and the valuation. it's a tough buy at $300. kennedy: should i buy tesla stock? >> i would tell to you buy a car instead. if the stock drops. they have a lot of promises to follow through on that they have neglected to do so far. kennedy: promises, promises. kennedy: "topical storm" is next. it's time for sleep number's fall sale on the

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kennedy: a new report says russian hackers wrought reviews for "the last jedi." we'll still be telling hillary jokes during honey boo-boo's

second season. let's start at a french bar where a customer was making all kinds of hay. the suds happy racehorse escaped her stable and ran into the bar. who needs the trim crown when you have crown royale. this gal acted like a filly fan and trashed the place like the eagles wouldn't super bowl. she forgot her i.d. and now days you always have to show proof. topic number two. let's head to minneapolis where a dog's life has come full circle. this video was posted on twitter. there is no explaining this behavior. yet millions of folks clicked

like. the only thing to do now is blame the political party. 2 million people watched this video. truth be told, we don't know why this female dog was doing that. though some have speculated she was itching her -- you know, i am not going to speculate. because next thing you know we would be in deep yogurt. vladimir putin's calendar went on sale today. the 2019 edition featured the russian president hunting and playing ice hockey. when he shoots on goal, he really shoots on goal. ' there is the obligatory shirtless photo.

sales figures have not been released. but from what we can tell there is only one person with a more popular calendar. but to be fair, bret gave away his on national television. let's go dunkin, dunkin donuts. they are partnering with a brewery to produce their own beer. now america says. dunkin coffee contains a heavy dose. the creamy drink is 6% epv. sales began this week and we obtained footage of the first customer to try some. oh, mercy.

oh. baby. somebody take her phone because she drunk texts all her contacts. finally, we salute a georgia man who was arrested for stealing 150 pounds of waffle mix. he's denying the charges and referred the questions to his attorney, mrs. butterworth. he allegedly robbed the warehouse and resold the mix to a network of buyers. it's unclear who would buy it. but they are currently questioning his aunt gentlemen . i'm going to end up in a sticky situation.

i can't tell you what my cup says. it's naughty. nelson is out on bail and he tried to take his victim out for a drink which only resulted in more horse play. we'll be right back. today... back pain can't win. now introducing aleve back and muscle pain. only aleve targets tough pain

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a 1e sub-compact tractor for just 99 dollars a month. learn more at your john deere dealer. kennedy: thanks for watching.

you can follow me on twitter and instagram. email kennedyfbn@foxbusiness.com. tomorrow night on the who. ned ryun, mike baker and brian brenberg it's a manly 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