week since march 23rd. here you go. looks like ten-year yields really impact investor sentiment, at seven-year highs and the closing bell on this friday as we are looking at a down market. have a great weekend. david and melissa on "after the bell." david: high dram a on capitol hill. stocks drop for the second day in a row as rates hit a fresh seven-year high. the dow ending the day down about 180 points, off session lows. the s&p 500 is closing in the red and once again, the tech-heavy nasdaq, the biggest loser, is down again more than 1%. hi, everybody. happy friday. i'm david asman. melissa: i'm melissa frances. here's what else we are covering in this very busy hour ahead. huge developments on capitol hill coming just in the last couple of minutes. senator susan collins of maine, a very crucial swing vote in the

confirmation of judge brett kavanaugh just announcing she will, in fact, vote to confirm kavanaugh for the supreme court, laying out her case line by line, why he would be qualified for this position, why she believes -- she does not believe the claims of the accuser against him. democratic senator joe manchin piling on, announcing moments ago he will be a yes vote as well. we have got the latest on the tally as it appears to stand right now. senators now taking the floor one by one in debate for and against the judge, as we inch closer to tomorrow's historic confirmation vote. and protests under way, hundreds gathering on both sides to make their voices heard. police are making arrests. we are following all of that at this hour for you and a whole lot more. david: including joe mancl dlma. let's listen.

[ chanting ] reporter: [ inaudible ]. >> [ inaudible ]. >> why don't you believe survivors? david: the decision to vote for justice kavanaugh, chances are very good he will be confirmed tomorrow at the vote. joe manchin's vote therefore is not as vital as it was but he's indicated he is voting for judge kavanaugh, which would really be the insurance vote for judge kavanaugh to become a justice in

the supreme court. as you can hear, with shouts of "shame" and "how dare you" the protesters around joe manchin are not too pleased with his decision. melissa: that's right. remember that senator jeff flake was followed into the elevator and effectively bullied on his position by women who said that they were survivors. we found out later that perhaps in addition to that, they also were basically professional protesters, there as part of a group on which they were, you know, officers within that group. david: professional in every sense of the word, paid for in large measure by groups supported by george soros. at any rate, we will follow that. looks like joe man chin and susn collins will vote for judge kavanaugh. the dow recovering from session lows, closing down almost 200 points, about 20 points off of that. it's way off the lows of the day. it was down more than 350 at one point. it was dragged down by shares of boeing, caterpillar and apple. we are on the floor of the new york stock exchange with more.

reporter: what we are seeing are traders telling me we are seeing a little bit of a rebound, similar to yesterday. why did we see the lows? you had a jobs report that came out. september was weaker than expected but it's the revision of july and august that is fueling this economy, showing us the numbers are still strong. you have people selling off bonds because they are moving into riskier assets and that's pushing up the price of the ten-year yield as well as the 30-year yield. big point to make, i was talking with one trader saying next week there will be auctions on the market, too. that will further increase the supply of bonds on the market. right now, investors are not rushing to go buy those bonds. that's another reason why you are seeing that uptick at 3.23%. we switch over and look at the tech stocks, overall, you got apple a little bit lower, amazon down almost, look at that, 5.66%. facebook down, ongoing story with facebook is how are they going to regain trust.

you had a big story yesterday coming out from bloomberg saying there was chinese spying going on. overall, movement into safer stocks. the safer stocks being utility stocks. we are seeing the utility sector and s&p 500, utilities coming in a little stronger, not by much. everything is around 2% or a little less than 2%. still, just showing a little switch today because there was some concern about the lower markets. overall, it seems the consensus here is that this is a short blip and we will see it riding higher over the last 11 weeks in this quarter. david: i like the optimism. thank you very much. melissa: looking out for american workers. the u.s. economy adding 134,000 new jobs in september. missing economist expectations but still enough to push the unemployment rate to a 48-year low of 3.7%. here with us now, our panel.

peter, i wonder, 3.7%, that is just an astonishing number. what are your thoughts on that, and you know, where do we go from here? >> first of all, it was a very good jobs report if we factor in the hurricane and revisions of the prior months. we really had a solid report and i think we can go down from here. the reality is there still are a lot of people who are sitting on the sidelines who can come out and work, so we can add employees without running down the unemployment frai eemployme. also, there are people capable of working, those are millions of people. no reason we can't get down to the kinds of levels we were in the '50s, down into the twos. this is a very strong economy. we are living in a new era. melissa: jack, do you believe that? are we at the point where the jobs that are open and the people who would fit them don't exist? we are just at the mismatch point? >> i think we can go a little

lower from here. there's no question, though, this report was a strong report. now, stocks are falling because people worry we will have more rate hikes, we will have higher interest rates, higher bond yields. you look at the ten-year treasury, 3.2 peshgs everyo%, ea panic. they should calm down. bond yields have been in the toilet for so long, not talking about the upstairs toilet, either, the downstairs toilet no one ever uses, so low for so long they have plenty of room to rise with a rising stock market. melissa: those are all good things, other than the bathroom stuff, about the idea that if we see some inflation, if we see a little acceleration, these are not bad things. jason? >> no, i'm here. i'm just trying to process what you're saying as far as do i agree. as far as they're not bad things, they're not horrible. i think the market has going for it that, you know, trump and canada and mexico came to an

agreement, we are at almost an all-time low of unemployment. however, a little reality check here, not so much doom and gloom. inflation going up, rates going up is a huge change from the past ten years. bond yields going up, huge secular change. yeah, it's below whatever it is, the 50-year average but you have to look at that, the past ten years, low bond yields have fueled the bull market. i think we have had a high. i don't think we will make new highs this year. if anything we will trickle lower. that's my honest belief. melissa: okay. david: all right. so what's the view from policy makers inside the white house? there he is. let's ask peter navarro, white house national trade council director and white house adviser. great to see you. as one of our guests just mentioned, the trade figures or jobs figures were below what we expected but you add in the revisions and it's a net plus. nevertheless, markets are spooked by what's happening with interest rates. any chance at all that higher

interest rates could curb this tremendous economic growth that we have? >> i will reiterate that was a great jobs report today. it was pointed out there were some weather issues in there that might have gave a little different picture. the bigger picture here is this economy is the strongest we have ever seen. this president is doing a lot. reason why i'm standing here, i hope, is to talk about something historic. this is the defense assessment report that was handed in to the president. i think it's a very bullish report in the sense that we have a situation where the president as a matter of strategy said that economic security is national security and we need a strong manufacturing and defense industrial base both for economic prosperity and for -- david: i promise we are going to get right back to that. i just have to finish up on the jobs report. of course, it also talked about salaries. i for one am very happy that salaries are going up.

i would rather them go up over 3% rather than 2.8%. >> thank you. david: but some people do believe in this wage inflation and that it would carry over into the general economy. do you? >> no, i don't. what's going to happen, look, the men and women of america who work with their hands need to get their wages up in real terms. in real terms, it happens because things like the tax cuts for corporations are stimulating a wave of investment. what does that do? it increases productivity, increases the rate of innovation. we think this economy is doing beautifully on that. that's what we expect over time. real wage growth is a great thing for this economy. these numbers, look, 3.7% unemployment -- david: it's unbelievable. >> women, minorities, disabled, you name it, they are the best we have seen -- david: best we have seen in my lifetime. by the way, you wanted to bring up economic security. i was amazed to see the failing

"new york times" peter navarro right here and right next to a piece by paul krugman, for goodness sakes. it's a very important piece and it talks about the danger of relying too much on foreign companies for supplying our military services with what they need, particularly a country like china, which this week we just found out was involved in another hack attack. >> so what we did with this report, about a year ago the president signed an executive order, ordering an historic thing, the first assessment of our defense industrial base. d.o.d. worked with all the agencies of government, came back and what did we discover. we discovered over almost 300 gaps or vulnerabilities in that which we are going to fix quickly but things like we only have one company that builds propellor shafts for submarines, only have one company that builds gun turrets for tanks. space infrared detectors which we need for missile defense are

compromised. these kinds of things are difficult on the foreign dependency side which you mentioned. we have printed circuit boards, machine tools, all sorts of rare earth, other types of critical material. so what this is going to do for america is it's going to basically wake us up to the idea we have to fix those vulnerabilitie vulnerabilities. as we fix them, we will strengthen our manufacturing and defense industrial base. as we do that, firms will get more earnings, workers will get more wages. we will get more growth out of the whole thing and synergistically -- david: you don't want enemies of the united states to be at all involved in supplying our military with stuff that's vital to our national security. very quickly, they are giving me a wrap. auto makers, foreign auto makers, turns out that they may try to take advantage of the new trade deal, the usmca trade deal. are you involved in any negotiations on that? >> we have one united states trade representative, robert lighthizer. best we have ever had there. i don't get involved in that.

what i can tell you is we are seeing all sorts of companies offshore announcing they will be investing here because of things like the usmca deal, aka the new nafta, and because of other things like the steel and aluminum tariffs. you are seeing a tremendous wave of investment. the tax cuts, deregulation, steel and aluminum tariffs, all are tough trade actions adding up to strong investment, more productivity, higher wages. it's going to be all good. david: again, more jobs. more and more companies come here, the more jobs we have for americans. good stuff. peter, thank you very much. melissa: joe manchin, red state democrat, and susan collins, republican from maine, just announced they will vote yes to confirm judge kavanaugh to the supreme court giving the gop the 51 votes they need. former president george h.w. bush just tweeting quote, senator collins' political courage and class, i salute my wonderful friend and her principled leadership. edward lawrence is live on

capitol hill with the latest. edward? reporter: protesters have just heard that senator susan collins has voted yes or is going to vote yes. let's take a look. they are starting to gather in the rotunda area. they did receive their first warning from the capitol police about protesting here. it does appear now that brett kavanaugh has the 51 votes he needs to be on the supreme court. >> our supreme court confirmation process has been in steady decline for more than 30 years. one can only hope that the kavanaugh nomination is where the process has finally hit rock bottom. reporter: looking at some of the other swing votes, senator jeff flake today saying he will be a yes vote on this. senator lisa murkowski saying

she's going to be a no. but her vote was replaced by democrat joe manchin who has come out just minutes ago after susan collins spoke, saying that he would be a yes vote on this. other democrats, though, pointing to the fact they say judge kavanaugh doesn't have the right demeanor to be on the high court. >> he even threatened the democrats and i quote, he said what goes around, comes around. in my 20 years on the judiciary committee, i have never heard anything like that or even close to that, from a judicial nominee. it's hard to imagine how a nominee who has displayed such raw partisanship could then claim to serve as a neutral umpire in the supreme court. reporter: we are on the path now for that confirmation vote tomorrow. just before 5:00 is when it will start. we have to see exactly if that vote takes one hour, two hours. there is some question about

senator from montana, who is walking his daughter down the aisle. he would have to come back to make that 51st vote. just quickly, i want to show you the protesters here. these are against brett kavanaugh. they are gathering deciding what their next move is. they have been going room to room, office to office, in the senate buildings trying to get senators to change their vote to a no, but at this point, again, it looks like judge brett kavanaugh will have 51 votes he needs. back to you. melissa: edward, thank you. joining me from capitol hill, fox news capitol hill senior producer. wow. chad, this has been such a day and such a journey. it seems like this is it, right? you don't want to count your chickens before they vote, but -- reporter: absolutely. i just spoke with the senate majority leader mitch mcconnell as he came off the floor after this lengthy speech by susan collins. he said it was quote, an extraordinary speech, one of the best i have ever heard. it came at the right time. that tells you right there that they are very confident about being able to confirm brett

kavanaugh sometime tomorrow. i followed up with mcconnell asking limb him if he thought t would move up the vote at all. it looks like we will have a minimum of 50yeas. the reason i say 50 and not 51 is because the republican senator from montana may not have to be here at all. if you have 99 senators casting ballots, all you need is 50, it would be 50-49 if he is not present. since collins is a yes and also joe manchin, the democratic senator from west virginia. that's key. they seem to be on a glide path toward confirmation for judge kavanaugh. the question is when. probably no earlier than 5:00 tomorrow afternoon at this point. melissa: i would worry about the glide path when jeff flake is involved. you just never know what could possibly happen there. senator collins laid out her case, that was a long speech, but it was so thoughtful. she went through every legal argument and all the things that had been -- all the arguments against him as a jurist.

then she went through the presumption of innocence. finally she moved on to the idea of the leak and the circus that had resulted from it. i know this is a lot to ask, but is there any sense that this could be the turning point to being a little bit more sober and rational and maybe temperatures might turn down a little bit? reporter: i noted that even as she started her speech there were two protesters who jumped up in the gallery and immediately started demonstrating. they were hauled out by security officials. we have had a big protest outside her office and joe manchin's office in the last couple of hours, but that said, what her words meant, what her words said on the floor, that's vintage susan collins. she's someone who is very thoughtful, someone who will do her homework, who is going to take her time. she's respected widely on both sides of the aisle. if there is some effort to restore comity it has to perhaps start with people in the middle. who would you look at some someone like susan collins, like joe manchin, frankly. senators from both parties.

melissa: let me ask about joe manchin. had you heard before that he was going to announce yes early? do you think he had a plan to do it listening to her or that listening to her, he felt that gave him the cover to kind of stand up and raise his hand? what was your take? reporter: well, there was definitely a group, a gaggle of senators who were working together on trying to figure out how they wanted to approach this dating back to the second confirmation hearing last week, when we heard from kavanaugh and christine blasey ford. you had flake, you had manchin, you had collins, you had murkowski. they were kind of on the fringes, you had joe donnelly and heidi heitkamp. that group in the middle was trying to figure out what did they want to do. did they want to have this extra time to get the fbi report, which they got, making sure they crossed all the ts, dotted all the is, covered everything as they approached this nomination to say wait a minute, there's nothing in that background report that corroborates the testimony of christine blasey

ford. so that's what they got and look, those folks are now in the yes column, everybody with the exception of lisa murkowski who is still officially unpledged, undeclared at this stage, but she is definitely appearing like she's leaning as a no vote. melissa: always fantastic. thank you for taking time for us. we appreciate it. >> my pleasure. thank you. david: what a day. we are not finished yet. this thing is going to go on until tomorrow. although things are looking good for judge kavanaugh, as he moves towards confirmation. facebook, meanwhile, saying they are all about free speech and no political bias. tell that to hundreds of employees who are now reportedly irate that one of their top executives was seen supporting judge kavanaugh at last week's hearing. more on how facebook is addressing the issue today. melissa: classic. the showdown over brett kavanaugh firing up protesters on both sides of the aisle. they continue to storm washington, camping outside senate offices ahead of tomorrow's vote. police are making arrests right now. the late oest ahead.

david: we will take you live to the white house where the president is weighing in on all of this. what if numbers tell only half the story? at t. rowe price, hundreds of our experts go beyond the numbers to examine investment opportunities firsthand. like a biotech firm that engineers a patient's own cells to fight cancer. this is strategic investing. because your investments deserve the full story. t. rowe price. invest with confidence.

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melissa: all eyes are on capitol hill today, including the president as the supreme court nomination of judge brett kavanaugh takes major steps forward. blake burman is live at the white house with the latest from the president. blake, i bet they liked that speech. reporter: about 30 minutes into the speech, i sent an e-mail over to a wlous hite house offi who is very familiar with this entire brett kavanaugh process. i asked for reaction as susan collins was speaking. i got a four-word response during the time of the collins speech. it was this, quote, this speech is outstanding. very clearly a relief here from this white house or for this white house, rather.

they were very confident throughout the day before the procedural vote earlier this morning and even after it, especially, that this would go their way. but now it is apparent that republicans at the minimum here appear to have 51 votes and the press secretary, sarah sanders, echoed those comments about susan collins speech by saying quote, thank you, senator collins, for standing by your convictions and doing the right thing to confirm judge kavanaugh. we have yet to hear, though, from the president himself. no official statement or tweet from the president. when you think about this, this could not have gone any better for this white house. yesterday evening, brett kavanaugh himself published an op-ed in the "wall street journal" which was essentially his closing argument going into this day before this procedural vote, but what we saw from susan collins was this. a 40-minute speech or so with all of the televisions and much of the attention tuned to her, and she laid out step by step by step by step the arguments for

brett kavanaugh and then she wrapped it all up by saying this is why she is voting for brett kavanaugh. lots of relief over here at the white house, but nothing is official until tomorrow. melissa: yeah. definitely, everybody hold on tight. blake burman, thank you. david: here to react is the former chief nominations counsel, senate judiciary committee and anika green, columnist for real clear >> greg, let me go to you first, one thing weigh in on susan collins's decision was the fbi report, which of course republicans were hesitant to get into until we had that dramatic moment last week when senator flake made his move in that direction. one thing that apparently came out of this or at least in some way related to it, was the information that in fact leland kaiser, who is a friend of dr. ford, is a being pressured by other friends of dr. ford to

change her testimony or modify her testimony to make it seem like she did remember something that she says she didn't remember. i. there were pretty damnelements what we saw in the fbi report. >> what we're hearing secondhand. david: what we're hearing. >> it seems that senators were concerned what they learned about the report, not about judge kavanaugh, but the efforts to interfere with his confirmmation. there are a lot of questions after this whole process, what democratic senators knew, when they knew it, how they were working with lawyers for dr. ford, appeared to be politically-connected lawyers. there are many questions that still need to be answered. we'll be probably having conversations in the coming weeks and months. david: i'm sure they will. judge kavanaugh began the morning with an op-ed in the "wall street journal" which among other things i was very emotional last thursday, to the

testimony where he gave some senator as piece of his mind. i said a few things i should not have said. i hope everyone can understand i was there as a son, husband and dad. not everyone does understand, including former supreme court justice who criticized him and said, that disqualified him from serving on the bench because he got so emotional and political. >> he said during his testimony, when he had the interchange with senator klobuchar, he followed it up after the break by apologizing to her, said this is a tough process, i'm sorry. i felt, he went too far. i think that his op-ed, he acknowledging what i saw at the time as him responding to the fact that he was testifying before the senate judiciary committee about his personal character. this wasn't about his record. when people say this is job interview, he was so unprofessional, no, he was being accused of pretty horrible things and had not been given a commands to really speak to it. i think we saw that emotion. david: greg, should judge

kavanaugh become a justice, appears he will, in the supreme court, will all of this affect his term? >> i hope not. i hope that with time more americans will get past this really divisive period and take some comfort in this additional fbi review. i think we're going to learn more about the shadiness and fabricated nature of some of the charges made against him. i hope with time, there will be some healing. there is no doubt that america is very divide and divided about some of the big questions the courts are. there will be lasting damage to about the supreme court and senate as well. david: greg, aneke, great to see you both. thank you very much. >> thank you very much. david: if there is that healing process, susan collins had a lot to do with it with her final statement. melissa: that would be very

nice. chris coons on "fox & friends" sounding more conciliatory. maybe people in the senator -- david: predicting he would become justice. so we'll see. melissa: maybe we can pull it together at this point. that would be nice. the battle over kavanaugh even hitting colter -- corporate america. why one facebook executive under fire for defending president trump's supreme court nominee. where do we stand in the confirmation process of the supreme court nominee heading into the weekend because it is not over? we have a live update from washington on what's coming up ♪

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to all of this. peter, let's just reverse the situation for a second. if joel kaplan was sitting behind dr. ford during the hearing, supporting her, do you think he would have received any criticism at all? >> no, he would have received accolades, positive tweets, congratulations all that. this just demonstrates it will be really hard to fix facebook, you're just not allowed to be a conservative inside of that company. you have to be stealth if you're a conservative. kind of like working at a university these days. david: jack, the point is, he already apologized and that is not enough. they want a pound of flesh in addition to his apology. >> first of all, this guy was hired because he is a right-winger. you got a right-wing government, you have to lobby the government. you have to make business. you need a guy to go to them over there. david: jack, don't you also if you're facebook trying to convince the world that you see both side because you probably have a lot of conservatives part of facebook as well, who are

members of facebook, don't you need to show at least, there is an attempt to be fair an balanced? >> i think you try to show that, but first of all, you know, it is southern california. second of all, let's be honest with each other, popularity ratings on this government are not exactly through the roof, david. they're popular around here. but across the america this is divided country. >> whoa, whoa. david: it is divided -- >> depend where you are in america. david: if you're facebook saying you represent all side you need to show both side, right? >> absolutely. the problem here is that he apologized, that he said he made a mistake. he should have said. i'm entitled to express my political views just like anyone else here. are conservative views illegal here now at facebook? that simple? that is simple. but unfortunately by caving in, it is appeasement. you have to make a concession, you make another one. before you know it this guy will be out of a job. david: very interesting to see, jack, peter, great to see you

both. have a great weekend. melissa. melissa: calling for calm after the storm. why one senator says the u.s. senate needs to return to normally after the kavanaugh nomination fight. fred barnes, "weekly standard" executive editor and he is coming up. ♪

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♪ ♪ melissa: tough day for tesla. shares of the automaker closing down for than 7% today falling for the fourth straight day. this coming after elon musk

tweeting controversial comment rebranding the sec as quote, short seller enrichment commission. very clever. charlie gasparino with his reporting. >> that sounds like you are part of the short seller enrichment commission, aren't you, melissa? you're kind of a negative person, aren't you? melissa: what? >> i'm kidding. david is stock promoter. david: only buy stocks. melissa: you have a story, charlie. let's have it. come on. >> musk attacked sec five minutes after our story there is still an on going investigation into tesla and into possible misstatements on their financial reporting, whether musk was untruthful about his, i guess prognostications that tesla would become profitable. it is still not profitable. whether he was truthful about the boasts, meeting product deadlines on the model three. that is their newest car, one designed for the masses and a

lot of those production deadlines have been missed, some have been met. so after we reported that, moved the stock, elon lost it a little bit and he came out with this tweet, essentially he said the sec is in bed with the shorts. now here is the problem that he has with this short seller enrichment commission. he basically signed a deal with the sec, a settlement deal where he basically agreed not to admit or deny the wrongdoing in that deal, okay? that deal was over, that funding secured tweet, that overtaking it private. as you know probably didn't have the funding secured. that is why they settled it. you're not supposed to really say anything. now it really comes down who will basically hold him accountable? what our sours are telling us inside the sec, they are not going to move. they feel somewhat handcuffed on this, because the deal is not quite approved bit judge. it is up to this one judge, federal district judges ail --

allison nathan, to approve the settlement. if she rejects the settlement, the sec will charge him. they will seek a band. judge nathan essentially given tesla and the sec a week to come up with the rational behind this type of settlement. the settlement included a ban from being chairman. musk cannot be chairman for two years. he has to hire two independent directors, pay a modest fine as 20 million. he stays ceo. a lot of people thought that was good deal. he still went after the sec. there is not a lot of happy people at sec over the tweet. they have declined to comment. teslas has declined to comment. one thing that is weird about this story, mr. musk is supposed to have all his tweets approved by inside company lawyer. i wonder if the lawyer really approved this one? melissa: right. >> back to you. melissa: his lawyers must be so frustrated you would get out and do that, fly in the face, i'm

sure they really worked hard on that deal because it seems like a good deal for him. >> i have covered so many insane things, municipal bond scandals, financial crisis, you and i both covered that when we were at cnbc, spitzer, mr. trump own level of craziness, i have never seen a ceo likes this. this takes the cake. melissa: not very smart. charlie gasparino, love the reporting. thank you. good job. >> anytime. david: the fate of our nation's highest court hanging in the balance. the latest on the state of play for tomorrow as confirmmation process of judge kavanaugh continues. we're live on capitol hill coming next. ♪ the fact is, there are over ninety-six hundred roads named "park" in the u.s. it's america's most popular street name. but allstate agents know that's where the similarity stops. if you're on park street in reno, nevada, the high winds of the washoe zephyr could damage your siding.

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not so much. so he turned to his friends at legalzoom. yup! they hooked me up. we helped with his llc, contracts, and some other stuff that's part of running a business. so frank can focus on the beat. you hear that? this is frank's record shop. and this is where life meets legal. david: the judge kavanaugh confirmation coming down to the wire with senator susan collins announcing this afternoon she will vote yes. fox news chief congressional

correspondent mike emanuel is on capitol hill with the very latest and of course you have joe manchin as well so i don't see how this thing can go wrong with judge kavanaugh but it has before, it ain't over until it's over, right? reporter: david, good afternoon to you. it is a day full of political drama on apcapitol hill after a 51-49 procedural vote. we're waiting on the edge of our seats waiting to see how some swing senators would vote. about an hour ago, maine senator susan collins said she is a yes on judge kavanaugh. >> so that public confidence in our judiciary and our highest court is restored. mr. president, i will vote to confirm judge kavanaugh. reporter: then west virginia democrat joe manchin putting out a statement saying quote, that is why i voted to confirm judge kavanaugh's nomination to serve on the supreme court because i believe he will rule in a manner

that is consistent with our constitution, so that's another critical vote. the only democrat to say yes. earlier in the day some democrats basically tried to convince their colleagues they should vote no on kavanaugh. >> i hope that all my colleagues vote their conscience. obviously i'm concerned that the investigation was not thorough. there were many, many witnesses who we heard from reports from their attorneys they asked to be interviewed and were not interviewed. reporter: emotions running high on capitol hill. we've seen plenty of protesters on both sides. some saying confirm kavanaugh. others say reject kavanaugh. barring any last minute drama, sometime around this time tomorrow afternoon, judge kavanaugh should be confirmed to the supreme daughter. david: i'm sure you will be there. mike emanuel. good stuff. melissa. melissa: deepening divide on capitol hill, across the country, a appeal for return to civility an bipartisanship over battle for judge kavanaugh. free barnes from "the weekly standard" responds.

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>> what i would like to do when we get all done because this is almost rock bottom, i would like to have the future mending things so we can do things in a collegial way that the united states senate ought to do and particularly when it comes to supreme court nominations. melissa: love it when chuck grassley yells at us. senator grassley calling for a return to normally when the kavanaugh process ends with a confirmation vote tomorrow. joining us fred barnes, executive editor of "the weekly standard" and a fox news contributor. you know, david asman had to remind me that is the iowa in him, he has taken us all to the woodshed a couple times there, senator grassley, his point has

been a good one. this is exhausting, unnerving, depressing for everybody on every side, how much everyone has been at each other's throats. do you think there is any chance to turn the page a little bit here? >> not in the short run. i mean, when it gets this nasty and this abusive all i can say is, i'm glad that susan collins gave that speech. that is one of the best speeches i ever heard in the senate, and i have only been covering things up here for many decade. she did exactly what she should have done. all of the misinformation that had come out about this decision and that decision and what the intentions of brett kavanaugh would be when he got on the supreme court, she dealt with everyone. and explained them, what he was really doing, and explained why other things were not a part of a confirmation hearing, think personal things and so on. just a fantastic speech.

i think it does change the mood i think some. didn't change the votes of the she was going to vote for him anyway and i assume joe manchin was too. melissa: yeah, we don't know, we didn't really know how she was going to vote for sure. that seeped very much in question when they decided to take the week off do more than examination from the fbi. initially my reaction was she would get out there and grandstand. i thought that was kind of annoying. i saw when she started down the road of her speech, it was sober and thoughtful. she started about the judicial criticism, reminded us that is what the debate is supposed to be about. is he a fair jurist. she'sed every single thing and presumption of innocence, why that is so important. she ended the idea of the leaker that created the circus and, you know, and how terrible it was for everyone involved to have that leak out there, it did seem

like it was a possibility of maybe a page turning. you have got to think that everybody on both sides in the senate is worried about violence at this point. when you look at how they have all been threatened and you know, they're celebrating a senator, then they want and string them up. you think they all might get together to think it is for our own safety we should turn down the volume or temperature? >> you have to ask the democrats. they are the ones who are responsible for the smears. they're the ones -- melissa: but they say trump started it or trump continues it? couldn't we say tempers on both sides, get together and calm down? >> i wouldn't say that. i think their tempers are gray greater on one side or the other. if you want to do that, bring susan collins in to run the show. i think she caught exactly what you're advocating. melissa: and we didn't get to mention it, but just along those lines, susan rice, former

ambassador susan rice, who of course was national security advisor out there saying now as well, she may run against, she tweeted me, in response to jen sock si. >> i think susan collins sun beatable. david: when you thought it was kumbayah, senator feinstein sent out another kavanaugh broadside. moments ago. we have a details. ..

reporter: democratic leaders not backing down on the insults. david: senator feinstein said judge kavanaugh said sitting presidents cannot be indicted, cannot be prosecuted, should not

be investigated and should have the authority to fire a special counsel at will. that should concern us all. melissa: senator collins made it clear that's not what kavanaugh believes. >>ing this is about hijack our democracy. >> the partisan noise, the mud, and intip days of members in the senate will not have the final say around here. >> a vote for kavanaugh is a vote saying women don't matter. >> they encouraged mob rule. >> i don't believe these charges can fairly prevent judge kavanaugh from serving on the court. president trump: their rage-fueled resistance is starting to backfire. >> the united states senate will not be intimidated. >> i will vote