gohmert, victoria toensing and joe digenova. watch me on ""tucker carlson tonight"." on the fox news channel. good night from new york. kennedy: it could be the most of divisive report the fbi has ever delivered. the hotly anticipated memo on the sexual assault claims against judge kavanaugh, the nomination to the supreme court hanging in the balance. the political fight reaching a crescendo. just a few republican senators will be making decision, among them, lisa murkowski. >> i want to see the report. the 302. i want to see them. so that's what i'm waiting for. everybody has asked what are you

going to say? what are you going to say? i have no idea. kennedy: she loves being scar threat o'hara with all those people flapping around her. the feds have been investigating claims from three different women who say kavanaugh attacked them in the 80s and 90s. we are told the report could be delivered to the white housen at any moment. but there will only be a single copy. and when it gets to capitol hill it will be kept in a safe. it's almost a guarantee we'll see it. but the protests are only growing louder. a look outside the supreme court. there have been demonstrations inside capitol hill. cops arrested dozens of people. there has been pushing and shoving. senate majority leader mitch mcconnell says some lawmakers are downright frightened by

what's happening. >> one of our colleagues and his family were effectively run out of a restaurant in recent days by these people. another reported having protesters physically block his car door. and some have seen organized far left protesters camp out at their home. kennedy: what a fun job when you don't have to work. totally lost in all of this, the truth. so what maps now. edward lawrence is our man on the scene to explain it all. >> what is the truth is the senate is remaining in session. they usually end their night between 5:00 and 7:30. they were waiting for the fbi to finish that background check. and one copy delivered to the senate. senate majority leader mitch

mcconnell will start the process leading to the final confirmation vote. the confirmation will likely come down to the vote to three republican senators, senator jeff flake, susan collins and lisa murkowski, all of whom were hounded on capitol hill by protesters. >> i want to make it clear that the protesters who are harassing here in the halls and at the airports, we are not intimidated by these people. reporter: listen to senator joe manchin. >> as a far it and a person in the community. i am trying to put the human side to it. i mean, i am just look at the human side of it also. every aspect has to be looked at. reporter: other democrats like dianne feinstein is saying the report is note thorough enough because the fbi did not

interview christine blasey ford or brett kavanaugh. in an exchange of letters, ford's lawyers said they would only turn over the requested papers to the fbi. michael avenatti says he has another anonymous claim. his first client julie swetnick walked back parts of her allegations saying she didn't witness kavanaugh don't of anything. the vote could come on saturday. an unpaid intern working for sheila jackson of texas has been arrested for giving out personal information of senators on the internet. like mike lee, orrin hatch, and

lindsey graham. kennedy: what a jerk. edward, you are not the jerk. you are the good one. the fact gatherer. it's a very divisive time. thank goodness for you us. we are the ones we have been waiting for. a group of gop lawmakers demanding an immediate ethics investigation into the letter accusing judge kavanaugh of sexual harassment. ford said she delivered it to california congresswoman anna eshoo. >> can you tell us your staff did not leak? it. >> i don't believe my staff would leak it. i have not asked that question

directly. but i don't believe they would. >> do you know that? how in the world did that get in the hands of the press. >> the answer is no. the staff did not. >> have you asked you're staff? >> i just did. jennifer remind me i asked her before by the and that's true. >> well, somebody leaked it. kennedy: nana, who leaked the letter. joining me, andy biggs. welcome back. this is the most of upsetting part of this story. dr. ford, she didn't want to be the heroin of the left. she didn't want to be the public figure and theu face of the #metoo movement and that's why

she tried to make this as anonymous as possible. how do you find out who that person was? >> you have to investigate and do some interviews. you know this. at some point it was just dr. ford, anna eshoo and dianne feinstein who knew about this. so you have a fairly limited number of people who even knew about this. they didn't report it to the judiciary committee and kept it from the press. somebody knew of that circle, maybe 3 to 5 people knew by the. and they let the cat out of the bag. and that lit the gas on this. kennedy: they knew there was no way we would get to this point unless dr. ford was forced to testify. they couldn't do that unless the press went and harassed her in person. and that's what happened.

so she feared her story was going to be made public, and that's when she came forward it's a very insensitive process. do you buy the deny from difi? >> i don't know if i buy the deny. somebody leaked it. senator feinstein and anna eshoo had amble people around who were the possible leaks. we have find out how it was. people skulking around dr. ford's office, reporters look and peeking in and trying to force her to come out in the open. that's exactly what she didn't want to have happen, based on her testimony, and i think that's what democrats and diane feinstein wanted to happen because it forced the mess we are in today. kennedy: a staff member for

sheila jackson-lee has been arrested. the person who reportedly stalked some republican lawmakers and put their personal information online. what do you make of that development? >> i think it's outrageous conduct. the person should be arrested, and the person should be terminated. this has gotten way out of hand. it's not just this, but people being harassed and ha harangued. we should have sanctioned maxine waters. it's intimidating for political purposes. kennedy: it's annoying. i don't want to see republicans counter in kind. i don't think that makes the world a better place if all we are doing is shouting at each other. i'm going to be on a panel tomorrow talking about marketing

in the age of trump. i can only imagine some of the people who will be in attendance. and it's exhausting. but you have people who are pushed over the edge like the guy who tried to assassinate steve scalise and other republicans practicing for a congressional baseball game. when you have a climate like this, it's easier for people who are incredibly unstable to be activated. >> it's like a popcorn popper. you are popping the kernels, and the more you put in there the bigger it gets. somebody has to tamp it down. that's why we wrought letters. if we can get to the bottom of this, maybe it will act as a deterrent. we have got to respect the institutions. it's hard to believe we could view congress with any more

disrepute than it is. kennedy: do you worry if democrats take over the house? >> yes, i worry. absolutely. people say we can't use this because it's weaponizing this stuff. i say the democrats are already weaponnizing this. we have to bring back decorum, civility, and opportunity to disagree without trying to purpose the place down. that's where we are. congressman, thank you very much. in the meantime the white house pushing back on complaints president trump mocked christine blasey ford at a rally in mississippi last night. president trump: 36 years ago this happened. i had one beer. i had one beer. well, do you think it was more? no, it was one beer. how did you get home?

i don't remember. >> where was the place? >> i don't remember. i don't know. kennedy: the white house says president trump was simply stating facts. >> the president was stating facts that were included in prosecutor rachel mitchell's report. the senate has to make a decision based on those facts whether they see judge kavanaugh to be qualified to hold the position on the supreme court. kennedy: three people who are not buying that explanation, senators collins, flake and murkowski. could the president's comments hurt the confirmation process? bre peyton is on deck along with harlan hill, and richard fowler

is here, host of the richard fowler show. he's also a fox news contributor. >> i have got to say, we are literally watching a reality show in front of us as we await the fbi to happened or the report to the white house. and there will be one copy. in congress you have amok. kennedy: do you think the president was inappropriately mocking christine ford at that rally? >> if you say something and the crowd laughs, that sounds like mocking to me. it make it harder for the three senators who are the key in this, and it also is the reason a lot of women don't come forward because they are mocked. kennedy: i think there are a number of reasons women don't come forward. i think michael avenatti is also adding to the discouragement

unfortunately. even lindsey graham saying this is not helpful. the president can be very he rousing emotionally at these events. his most of ardent supporters love interfacing with him when he has big rallies. but there are times when his impulsivity gets the best of limb. >> i watched the video and it didn't give me pause at all. they can position themselves, posture as if this will change their vote. but if republicans elect not to vote for judge kavanaugh to confirm him because the president stood up and the crowd laughed at a joke he told. then they are not that conservative and principled. kennedy: a joke or statement of facts. is this the best time to be joke being this when the vote hasn't taken place?

>> it says a lot when a mere statement of fact is hilarious to the crowd. >> it is a joke. this whole episode is a joke. >> you just called it a joke, then you are saying it's a statement of fact. >> some facts are funny. kennedy: let's bring bre in here. everyone is an attention whore. whether it's cory booker, jeff flake or susan collins and lisa murkowski. >> they live for the applause. i think donald trump obviously said that in the most of tactless way possible. but he does bring up a point. the investigator who questioned ford herself released a massive list of inconsistencies. i think it's perfectly fine if

the president wants to bring that up. at this point i think it's obvious that the choice for senators is a binary one. the right thing to do is to vote to confirm kavanaugh. the wrong thing to do is not vote for him. >> what we are seeing, and the fact they all made statement, how they were offended by what the president said and how he said it. they are all leaning toward yes. they didn't interview the judge or dr. ford. they didn't interview either of them because they didn't find any new facts and didn't need any responses from them. i think the senators are going to vote yes, and they have to take the moral high ground because everyone gets to play moralist in this. also coming up, the "new york times" with a breathless new report claiming president trump got rich by cheating on his

taxes. the president is calling it fake news. what's the truth. we'll get to the bottom of things with tax export maddy dududududu

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kennedy: the white house is pushing back on a "new york times" report claiming president trump is not the self-made billionaire he says. that he actually received $413 million from today's cash from his father through illegal tax schemes. the story accuses fred trump of setting up fake companies as a way of siphoning money to his kids. the story says it's proof the trump clan are crooks. >> i'm not going to go through every single line of a 14,000 word story. kennedy: the president slamming the report as a tired old hit piece. but the "times" is standing by its reporting. taxes are complicated.

maddy duffler is here. welcome back, maddy. so what does this show about the tax code as we not. >> it's complicated. the "new york times" took 14,000 words to explain what we all know about the tax code that it benefits the well connected and the wealthy. the fact that you have rich people who are well connected and have people who can figure it out for them is not a new concept. the fact that the "new york times" openly lobbied against tax reform last year that removed some of the complexities they are complaining about in this story. the average american could understand their tax burden just

a little bit better and it got rid some of the things that the "new york times" cite like the amt. and the death tax. that was something americans tried to plan around because it's such a burden on family wealth. kennedy: that's something that drives me crazy it's something that always has driven me insane. if you work hard your whole life and you have something to leave your family, why is the government entitled to that money when you have been paying taxes on it your whole life. and when you pass you have to payments on to uncle sam? that's malarkey nonsense. >> the "new york times" offered an addendum. this philosophy right here which is you do not get to keep the earnings you keep over the

course your lifetime and it's somehow criminal for families to want to hold on to their own a wealth and pass through generations. that's what the "new york times" reporting was. kennedy: that's socialistic. is there tax fraud here. >> there are a lot of things covered in the piece and a lot of questions that remain over what was done. all of these questions come to bear on donald trump's father. whenever there are questions of wealth coming from a gift to a gift recipient. the person giving the gift is the person responsible for the tax consequence. it's a question of -- kennedy: thank you so much, matty. talk taxes. freedom. cory booker dispelled any doubts

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senators the hell out of the way. berke has taken it upon himself to be the moral arbiter in the kavanaugh circus. even calling on the judge to withdraw his name regardless of innocence or guilt. why should he withdraw? because his temperament doesn't seem very judgey, and his language has been awful coarse. the democrats before his name was formally announced promised to do everything within their power too block his nomination. grand standing in the confirmation hearing for fundraising emails. this isn't a court of law as berke and maizie hirono have reminded us. so due process and presumption

of innocence and basic decency are out the window. it seems the only thing booker has learned in what he describes as in this moral moment is how to scrap objective standard for political gain. draw blood now and use a tourniquet later when testy facts get in the way. looker is just trying to delay and hoping to outrage and fan flames. and necessity want to play until merrick garland is seated on the high court. all we know is berke's hand-fisted ambitions are just another page in the democratic playbook of how to lose the presidency. here is what spartacus said about kavanaugh that has

everyone up in arms. >> i hope beyond the vicious rain core and the accusations that we don't lose sight of what this moral moment is and ask ourselves the question is this the right person to sit on the highest court in the land for a lifetime appointment. and ultimately not whether he's innocent or guilty, this is not a trial. but ultimately have enough questions can raids that we should not move on to another -- questions can be raised whether we should move on to another candidate. kennedy: the author of a new book, "what the hell do you have to lose, trump's war on civil rights." juan williams. we are getting well into the 2020 presidential cycle. never mind the mid terms. you have joe biden and elizabeth

warren talking about running for the presidency. and cory booker seems to be doing the same thing. do you think democrats need their version of donald trump to combat trump himself? juan: i think trump already said that's 1% bind and crazy corey, and pocahontas. he is really -- we haven't had the mid-terms but he seems to be moving on and talking about that 2020 presidential race. kennedy: that's what involves him directly and that's what he likes to talk about. when he's at the center of things. >> i think you are exactly right. it's interesting to hear you say. a lot of people don't want to say that trump is a narcissist. kennedy: he loves it when the conversation revolved around him. but cory booker taking the moral

high ground here is laughable. i don't think this is the time to be bombastic. people are over the hyper moralizing because it's splitting people in two. we are in two distinct camps. i sit back -- and laugh and laugh because everyone who plays into the politics. juan: this might temper your laughter. i think we are being pulled apart as a country. i don't care what side you are on, we are all americans. kennedy: what you are saying is we have lost the desire to find the common ground, and that's heartbreak. >> if you talk about politics as the arts and science of compromise people say you are a punk. we are being driven, the number of retirements on the republican side. everybody took out the middle. so now you are all with the far

right. and on the democratic side, it's being driven, if you look at the people who are winning. >> it's going further hard left. which brings it us to your fantastic book, what the hell do you have to lose. which is a book written about your support of donald trump. juan: here is what's about this book. trump made the case in some ways a divisive message delivered to people about not only blacks, but immigrants. what i'm saying is there is a lot to lose. i think you have to acknowledge in terms of the black experience in this country. wait a second, look at all these people striving to get into the middle class. they are not to be defined by the 20% in poverty. how about the plus 50% who are solidly in the middle class? >> i think the fact that there is such a misperception about the black community, it's such

an incredible disservice. juan: to your point, get guess what, people on the left only focus on those who have been left behind rather than the achievement of people trying to fulfill their american dream. kennedy: they are trying to do the right thing, but in all that they are exacerbating the victimhood, and a majority of people are like no, i want to do right by my family, start a business and succeed. get the government the hell out of the way. juan: it's like what happened with taxis in this town. i think again it's not only the blacks, it many the latinos, ms-13 wants to kill all the white people. kennedy: i love your writing. even if you don't always agree with juan, you should buy his

book. great to talk to you. some new fox news polls are showing republican enthusiasm are actually up in five battleground states since the kavanaugh saga continued. now they outpace the democrats, 44-38% because the grand old party been from it kavanaugh's confirmation chaos? the panel is back. harlan, i will start with you, there has been some worry in republican circles that the economic success has led to comply sensesy. i have -- comply sentsy. i have been arguing it could be beneficial to democrats. >> there was up until recently a lot of concern maybe we under estimated the threat we faced in

the u.s. senate in terms of keeping the majority. we are seeing in north dakota and west virginia, there is tremendous pressure to support kavanaugh. i think that that will lead people like senator manchin to come to the table to vote to confirm kavanaugh. but look at the house as well. there is an enormous amount of enthusiasm coming at the right time to drive republican turnout. if kavanaugh is confirmed, i think it will deflate democrats. kennedy: does it energize them if kavanaugh is confirmed. >> the districts that democrats are fighting for are suburban districts. people barbara comstock in the suburbs of d.c. a lot of these women are paying attention to what's happening. college educated women have a problem with judge kavanaugh. that's where democrats have the

opportunity to pick up the seats if he's put on the court. kennedy: jeff flake says i want to vote yes, but we need more clarity. does that help republicans or democrats? >> in all of this i have been frustrated not to hear this more, which is the senate judiciary committee has the same investigative powers as the fbi does. and jeff flake knows that. kennedy: is he abdicating his responsibilities? >> absolutely. i think he's a coward. he didn't want to make the call himself. so he's trying to delay this to figure out what people in msnbc are thinking. kennedy: it goes to show the left unfortunately protesters can be effective and they can -- that's unfortunate. because it fans the flames.

unfortunately we have to go. thank you for being here. flies to see you. my second favorite cheese, bree. it comes as the u.n. demands president trump lifts sanctions against the rogue regime. who is nothing says fall like a homecoming football game, so let's promote our fall travel deal 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

>> the u.s. just unfriended iran. pompeo called the decision to pull out of the treaty as 39 years overdue. the harshest words came from jaw bolton. >> iran is a rogue regime. it has been a threat throughout the middle east through his nuclear weapons and weapons programs, and its hostile and aggressive military behavior in the region is a breach of international peace and security. i don't take what they say seriously at all.

kennedy: are we on a collision course with the rogue regime? joining us is mike baker. >> thank you for coughing something other than kavanaugh. everybody i know is consumed with that. but you are rightly pointing out that there is a lot of other things going on in the world. they are going to keep going on and be important despite us always chasing the shiny object in the u.s. >> that's what we end up doing a lot. we can't take our eye off iran. one of the biggest mistakes that was made is not only giving them a pallet full of cash, but it enabled them to do bad things. the international court of justice wants to tell america who's boss. the worry is they will bully this country out of some of its most of basic freedoms. >> the international court of justice, it's sort of the world

court of the u.n. and frankly the u.s. has never paid much attention to it because rightly so, we here in the u.s. don't believe we should be subjected to some sort of world-dominating court. so we never paid much attention. the iranian regime went to the icga and tried to get all these sanctions turned over or set aside. kennedy: and the united states said, no, this is a matter of national security and sovereignty for us being the crime author of that nuclear agreement. and then happened with the icga and the usa. >> the ayatollah and his lackeys went to the icga based on of all things the 1955 treaty of amity which i thought we had tossed

that to the curb years ago. so get this. the ayatollah goes to the court of justice using as justification a treaty signed by the shaw of iran. there is no greater enemy to the ayatollah's regime of iran than the shaw o -- the -- the shah of iran. even though they said we'll have to be careful about sanctions about humanitarian aid and civil aviation concerns. all the important stuff. this is not the time to take our foot off the gas on the sanctions. the iranians -- the regime, the ayatollah and his crew -- ken report iranian people are suffering. they want to make money. they are being repressed by authoritarian theocrats.

>> i'm sorry, i'm talk over you and that's rude of me. kennedy: we are so excited we are both saying the same thing. you stand for freedom, my friend. thank you very much. topical storms next. topical storms next. stay right here. when i was shopping fothe choice was easy. i switched to geico and saved hundreds. excuse me... winner! that's a win. but it's not the only reason i switched. hi! geico has licensed agents who i can reach 24/7. great savings and round the clock service? now that's a win-win. winner. winner. yay me! oh, hi! good luck. switch to geico®. it's a win-win.

kennedy: this is the "topical storm." we begin in the street state of texas where a fugitive managed to escape a police drag met. watch this. man, this raccoon broke into the bedford police department. while the cops have plenty of experience catching that ban did. it -- the bandit, it didn't show here. they didn't kill the raccoon. they gave it a samantha b box set and the raccoon killed itself it was eventually cornered behind a vending

machine. rat can used its own -- the raccoon used its own phone to call kim kardashian to get a pardon. hi, kim, i like your butt. topic 2. a store in hartford, connecticut is giving away plenty of free punch. there was a second fight in the parking lot. but nobody was angrier than the people using the self-checkout machines. despite the chaos, no charges were pressed. it turns out they were all friends training for black friday. you have got to get in shape. police did not respond to multiple calls from the scene because they were busy. unfortunately he can only afford michael avenatti.

topic number three. a rhino is being accused of biting a man's finger at the cincinnati zoo. the rhino allegedly bit a visitor in july. complicating things even further is none of the named witnesss have corroborated the claim. but a group of hollywood celebrities made a video saying they believe candy's accuser. but she is going to show a home made calendar that shows her whereabouts for the summer. the zoo has a squirrel problem and the last thing they need is another nut. topic number four. a new report finds that one in

three americans eat fast food every day. true story. there was a time when the bald eagle was our national bird. not' the ching mcnugget. the centers for disease control revealed rich people are more likely to eat fast food than poor. if you don't believe them. visit michael moore's house. the study warns it's dangerous because it can lead to weight gain unless you are eating chipotle in case which case you will probably drop a few pound. several dieticians were quoted in the article saying diabetes and heart disease are linked to freeze. topic number five. here we go.

oh, oh, is that a pot leaf. finally, being named homecoming queen is a high school honor. nobody knows better than a michigan girl who edge addly gave out pot brownies in exchange for homecoming votes. what the home wombing -- what's a homecoming weekend without a bake sale. a parent told them her daughter received pot brownies from a homecoming candidate. the team also received the brownies which explained why they built a giant wooden man and lit him on fire. the girl is trying to make amends by having a food drive at the grocery store. give me those brownies, you witch. come back here. i need more clothes. never get? between a pot head and their

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kennedy: fox news has just confirmed senators will begin look as the that kavanaugh fbi report tomorrow morning. thank you so much for watching the very best hour of your day. you can follow me on twitter and instagram. email kennedyfbn@foxbusiness.com.

tomorrow night on the show, corey lewandowski, matt welch and chris stirewalt. and of course your eyeballs. only place they need to be. i will see you then. i will see you then. good night. (announcer) you work hard to give your children something to build on. i was always trying to think "how am i gonna get her through college?" i wanna have a mechanism in place to make sure that my daughters are well taken care of. i hope to leave my children with something to help them get set up. (announcer) don't let it get eaten away by unexpected fees and legal expenses. my husband did not have a will and everything went away. when my father passed away, he did not have a will or a trust. we're not as prepared as i had hoped we would be. (announcer) every year, tens of thousands of people lose what's rightfully theirs