i'm jamie colby for "strange inheritance." thanks so much for watching. and remember, you can't take it with you. ♪ ♪. lou: good evening everybody we are going to take a look at the senate floor where in just about a half an hour we expect the senate to vote to confirm judge amy coney barrett, you are looking at senator lindsey graham hughes the judiciary committee voted amy coney barrett out of committee last thursday by a fully partisan vote 12 - 0 because the

democrats boycotted the vote, she will become the next justice of the u.s. supreme court with about taking place in just about a half-hour. she is the former clerk for the late justice anthony's scalia, she will fill the seat left vacant by the late justice ruth bader ginsburg, she served on the supreme court for 27 years, she passed away last month after a long battle with cancer. judge barrett was voted out of the senate committee last thursday just ten days after hearings for her senate her supreme court confirmation in the senate began, despite the radical dems effort to discredit her judge barrett displayed the temperament, the scholarship in the brilliant legal mind necessary for a seat on the high court. for the latest on what we can expect to see we turn to fox news congressional correspondent chad program in washington, d.c.

>> good evening, you are right at about a half hours time they will start the confirmation process for amy coney barrett, we will have a procedural vote to take attendance and then probably around 740 or so they go to the actual confirmation vote, the result on that after 8:00 o'clock eastern time, keep in mind when they have a confirmation vote or any vote of this magnitude they usually have senators vote from their seat and it does not take very long, it's a lot quicker to drip from the seats, we don't think this will happen this time because of the pandemic and mike pence who serves as the president of the senate, he is not expected to come and preside over the session he had several staffers who tested positive for coronavirus. republican alaskan senator lisa murkowski said the day ruth bader ginsburg died she opposed forging ahead with the nomination so close to an election, ginsberg died a few hours later 8:00 o'clock.

there should be 52 republican yeses, the only no on the republican side, susan collins republican of maine is locked in a competitive reelection bid in maine and they also expect to swear in amy coney barrett at the white house tonight, associate justice clarence thomas will do the honors. lou: it is interesting were looking at senator murkowski, senator collins and i'm thinking about the 51, perhaps 52 senators who will be confirming one of the finest nominees to the supreme court in recent memory. it is an ugly thing that they get to take so much of the airtime when there is so much good to be speaking in support of this woman, amy coney barrett. a remarkable nominee. she will be without question in the minds of all the legal

experts with whom i've talked a super justice, thank you very much we appreciate it. the confirmation vote would judge barrett comes a day before election day in president trump is campaigning at a pace that would do credit to anyone half his age, president trump wrapped up the third of his three rallies today in the critical battleground state of pennsylvania. the president make it clear his excitement for barrett's confirmation is unbounded. >> just a few hours from now the senate will vote to confirm judge amy coney barrett to the united states supreme court, that was a good choice within it. i'm glad she's not running for president, i'd much rather go again sleepy joe, much easier.

she is fantastic, fantastic person, a fantastic woman, great student, her great professor at notre dame says he's been teaching a long time, a lot of great legal minds, he said she's the single greatest student he's ever had, that was good enough for me. lou: we will have much more on tonight's historic vote. we are doing tonight i congressman devin nunes and the son of the late justice antonine school you journalist author christopher scully, also judicial watch president tom fitton and defense attorney sidney powell, all of that at this hour, president trump's campaign push coming as his poll numbers are rising, rasmussen's daily tracking poll shows president trump with 52% support and 52% approval among all americans and they show president trump with a one point national lead over joe biden, biden held a three-point lead in the same pole just a week ago,

president trump's inter-dries, engaging with hundreds of thousands of voters all across the country, joe biden is not campaigning so much and he certainly is not going very far to campaign. he had plans to stay in his basement again today but his handlers managed to convince him to emerge to show up at a small event 45 minutes from his house in delaware all the way over to chester pennsylvania, 45 minutes worth of travel, the mess that is joe biden, he and the rest of his campaign are trying to keep a low profile just because of the mass to hide the candidate who cannot help but blunder the mess that he has made of things in the final weeks, just how big a mess is joe biden, how big of a mess as the democratic ticket, just over this past weekend, joe biden

confused about who it is he is running against, listen to this. >> the country in my view is literally on the ballot, what kind of country we will be, four more years of george -- george, going to find herself in a position if trump gets elected, were gonna be in a different world. lou: a different world of joe biden. did you ever think any major party would put forth a man as their presidential nominee someone as easily confused as joe biden obviously is, he was also as you see there caught in bristol pennsylvania caught one drooling aimlessly back and forth across the stage behind his wife as she was speaking at a campaign stop outside of philadelphia, how confused is he, during an interview biden seem to let it slip that he has

a large voter fraud organization behind him. >> we have put together i think the most extensive and inclusive voter fraud organization and history of american politics. lou: he does not know who he's running against any put together a fraud organization. confused, perhaps or perhaps he uttered the truth by mistake, we will find out in the next week or so, biden's running mate kamala harris, the senator hasn't performed much better than the top of the ticket, she seems to be in hiding as well. here she is checking exactly where it is that she is speaking before talking to a review who showed up in cleveland to act like a crowd.

>> cleveland. lou: in her remarks, the senator overstated that the china virus death toll claiming it had killed 220 million americans, she met thousands, not millions, her massive error however, the corporate left-wing national media chose not to take note of it nor indeed fact check it or correct it, that is the national left-wing media for you. another story that remains hidden by the national left-wing media, the ever worsening biden family corruption scandal. new text messages obtained by the daily caller show that hunter biden wanted to avoid registering as a foreign agent, he's part of a multimillion dollar deal with the chinese energy company, the daily caller reporting it is the same deal for which joe biden was seeking a 10% cut, at least his son was

seeking that cut for the big guy. hunter biden texted his associate tony bobulinski saying, we don't want to have to register his foreign agent under the f cpa, the foreign corrupt practices act which is much more expansive than people who should know choose not to know, you will not see any reports in the left-wing national media about those text messages or any of the e-mails pulled from hunter biden's laptop. the washington post twisting itself into quite a configuration as they wrote this about those e-mails, get ready for this, here we go. we must treat the hunter biden leaks as if they were a foreign intelligence operation even if they probably aren't. it took the post 11 more

paragraphs to mention the fact that director of national intelligence john ratcliffe and the fbi said there is no evidence of russian involvement with the laptop, no russian disinformation campaign, joe biden himself has not denied the authenticity of any of those e-mails pulled from his son's computer, not one. up next more on the biden corruption scandal in the corporate left-wing national media efforts to cover it up. congressman devin nunes our guest here next. thank you to everyone who made my new book a national bestseller, you can get in to the effort by simply buying a copy of "the trump century", how our president change the course of history forever. it is available at lou dobbs.com that is loudobbsshop.com. we'll be right back with devin

we'll be right back with devin nunes. yeah, that's half the fun of a new house.

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lou: breaking news, china joe biden on the campaign trail again denying the scandal surrounding his son hunter, biden said this, there is no controversy about it, it is all

a lie, a flat lie because the president has nothing else to run on. senator ron johnson calling out the former vice president dismissing altogether biden's denials saying china joe has repeatedly been caught in his lies, it is "lou dobbs tonight" quote of the day. here it is. >> the vice president is lying again, check out page 78 of our report where we show a chinese company cfc transferred $5 million to businesses controlled by hunter biden, $5 million, he is lying and lying about the fact that he never spoke to his son hunter about his overseas business connection, he flew over to china, had a handshake with jonathan lee who ended up being a business partner, the vice president who's been cotton repeated lies over biden inc. over his family businesses.

lou: that is senator ron johnson who is doing an outstanding job of leading the homeland security committee and in investigating the biden scandal. joining us as congress devin nunes, ranking member of the house intelligence committee and author of the important book countdown to socialism available online in bookstores everywhere and we recommend it to you highly. congressman, great to have you with us, we want to turn first to the intelligence report, i was talking about earlier in this broadcast about the gun box, the safe in which your 2017 report, the republican report on the intelligence community assessment resides. we understand from some reporting that there is a republican or there is a group of republicans on the

intelligence committee who are not in agreement about the classifying intelligence and moving it to public view, can you clear that up for us. >> thank you for asking, this is typical what we have seen over the last four years were there is a disinformation operation that is run by the deep state, the deep state does not want this report out, they fought a solemn long, this is a report that we have turned over, and investigative referral, criminal referral at this point that went to the inspector general, that is when i was still chairman, this is been a couple of years ago, i assure you, there is not a republican that has been on our intelligence committee we have spent hundreds of hours in the gun safe as you call it, the safe within a safe, that was a leak from the deep state of the agency themselves that leaked

the idea, nobody had ever talked about it before because you have a bunch of people who were involved in this filtration of this report this was done commissioned by obama at the end of the obama administration that came out with the hysterical findings that the russians were trying to help trump, it also had in their the incredulous pp dossier, the dossier that the clinton campaign had paid for, i assure you there is not a republican within a hundred miles in any deep state bureaucracy that's involved with us but does not want this out. i think what you are seeing, the democrats are working in the deep state operatives to put on deep state information and we've come to expect over the last few years as you can imagine. lou: you have seen it and have an important role and it is a creation. give us a sense of how bad that report is.

>> what it is, we actually found initially the information that everyone wants to review it seems like it's been many moons ago but if you recall the brandon notes that came out that showed that obama and biden had been briefed on the fact that people knew that the clinton campaign was essentially spreading disinformation and they were gonna make up this lie about russia, at the same time we had reviewed that peter strzok report that went to the crossfire hurricane team. so we had actually found that, we were lied to about that, now we find out later we were lied to about that but there was no question, it is preposterous at the very beginning people ask me how did you know that this was fake, i knew it was fake because out of 200 countries in the world, you had to believe that

vladimir putin was one of the most sophisticated intelligence agencies in the world, a former kgb agent himself was smarter than every pollster in the united states of america, every pollster around the world and every intelligence agency, every foreign and mincey, not one but the donald trump was going to win, there was very few republicans including senators and congressmen who thought donald trump was going to win, you had to start with the fact that putin was going to run a crazy operation to try to get trump elected, it was ridiculous from the beginning, the fact that obama and the fbi have briefed us that the russians had done their normal thing and they expected them to do, there was nothing out of the ordinary and lo and behold, in a matter of a few days, the intelligence agencies put together a report that says vladimir putin was trying to help trump, don't forget they added their the p

tape which is only essentially the peter tape was looking back on it for the bidens, he was the only one involved in prostitutes and every crazy thing in moscow, the clinton fusion gps listen to hunter biden and must've been on his laptop and said this will be a great story to make up about the term campaign and republicans. i'm being a little bit sarcastic but you get my point. the bottom line all the deep state bureaucrats should let this and want this to be outcome if you're an analyst within the intelligence agencies, the last thing that you would want to be tied to is this ridiculous p tape in moscow. lou: we now know the characterization of it and we know that the president has authorized the attorney general has authorized the attorney

general william barr, the dni, john radcliffe to declassify and move on it but it has not happened. if it does not happen in the next day or two, would you recommend to the president that he walk over to the cia and tell everyone that he wants to take a look at what's in the gun safe and walk out the door with it. >> the answer is dry want the president to go down to one of the agencies and look at this, no i do not because the president needs to be out there and when the selection, it is a matter of the president having time to do another rally and i want the president doing another rally in a state that he can win, the bottom line is this, they have tried to cover up the whole russia fiasco, they pretended like it did not exist, biden still gets in the way with calling it russian duty under disinformation. i have seen several polls that

show every republican in the united states knows about the laptop from hell i think the more the president is out there talking about number one what he has done in number two what is going to do in the next administration in number three holding these corrupt figures accountable whether it's hunter biden in the money that he got from moscow or all the people in the d.o.j. that have not been busted. he needs to focus on that. lou: are you saying you don't think the report would turn as substantial number of voters. >> i think those voters are with us. the propaganda arm of the left, they have ignored this, unless the mainstream media was going to practically change their tu tune, this is something that the american people should see, i want it out there.

i think at this stage in the game are eight days away from the election, do i wanted out, your question was dry want donald trump going down there, no i want them in new hampshire, pennsylvania, michigan were anywhere outside of the swamp. lou: congressman i've got a job for you, another one on top of it all, we will talk after the broadcast. congressman devin nunes was done so much. i want to point out he is a hero of the obamagate outrage and there is a wonderful documenta documentary, it is the plot against the president, i recommend it to you highly, it's on amazon prime and other places so i would recommend it to you, a document every citizen should see, devin nunes. up next the confirmation vote of judge amy coney barrett is moments away and will take it up

with antonin scalia after these

lou: we are awaiting the beginning of the vote let's go to the senate very quickly mitch mcconnell is speaking at the senate majority leader in advance of the upcoming vote, and a matter of minutes to confirm judge amy coney barrett as justice of the u.s. supreme court, it is a remarkable mome moment, a moment that a lot of people did not think that we would see and certainly not on this accelerated schedule on the u.s. senate, joining us tonight is christopher scalia, he is the son of the late justice antonin

scalia, he is the director of academic programs in the enterprise institute, judge amy coney barrett clerk for chris's father when the late justice ruth bader ginsburg was on the supreme court, good friends with justice scalia in ruth bader ginsburg seat is the one in which judge barrett will soon take residence. chris, good to have you with us, we appreciate it and i would like to get some sense, looking at the votes for your father who is confirmed to the court, 98 98 - 0, that is a remarkable vote, ruth bader ginsburg is good friends, 96 - 3, these are entirely different times, your thoughts as you watch a woman

who is a remarkable talent and clearly an extraordinary american have to go through what she did to join the court that your father sat on for such a long period of time. >> thank you so much for having me on it's a real pleasure to talk to you about this. those were different times but you have to remember that in between my father's confirmation and the confirmation of justice ginsburg, they were pretty gnarly battles judge bork in particular, it was not all sunshine and roses along the w way, now the heated battle, that is the norm and it just seems like an entire lifetime or world to go where you had the amicable hearings in unanimous votes in the case of my father, my father

used to say the reason that that was in the reason we seen the change is because justices have taken on a new role a role that they should not really have, justices have become super legislators where they decide what the law ought to be in that not what the law actually is and, congress has really let justices do that because it helps them evade and representatives evade responsibility by passing the book along the way, i think we will see battles like this until we see people embrace what is the traditional role of judges in american society and history. lou: you have written on this issue over regionalism and its importance in the way in which it's being distorted by the same forces that rely on the supreme court to be super legislators as you put it, give us your

thinking on original-ism because that is precisely your father, judge baratz mentor, she says that his judgments on original-ism, textualism are hers as well, give us your thoughts on the importance of original-ism and the role it's going to play in the years ahe ahead. >> regionalism as it's generally practiced is a judicial philosophy in which judges interpret the constitution according to its original public meaning and its sister but when you look at statutes rather than the constitution, the advantage of this is that it limits the power of judges, judges have to determine that the meaning of the words, the meaning of the provisions in the constitution,

what that meaning was, what the people thought they were ratifying when they ratified for example specific amendments, this is a character true all the time in the last couple of weeks by people on the left as saying originalist believe the constitution can never change, how can judge barrett even be a judge because if she is a real originalist she would not be able to vote, nonsense like that. the point is not that the constitution cannot change, originalist don't think that the constitution is infallible, what originalist believe is that it's up to the people through elected representatives to make those changes, not up to judges. go ahead. lou: we are out of time and i apologize but very quickly, your thoughts on justice. and what you expect and 30 seconds if you would please, welcome to television.

>> thank you, i'm very excited for her, i think my dad would be very, very proud as well because she clerked for him as you said and i think shall be a wonderful justice and i look forward to having her on the supreme court for decades. lou: christopher scalia, thank you very much, come back soon and will build up cumulative time with you if you accept our apologies for the abridgment. thank you so much. up next another look at the senate floor where were expecting the vote of judge amy coney barrett to occur any minute, were joined by judicial watch tom fitton, and attorney we made usaa insurance for members like martin. an air force veteran made of doing what's right, not what's easy. so when a hailstorm hit, usaa reached out before he could even inspect the damage. that's how you do it right. usaa insurance is made just the way martin's family needs it with hassle-free claims, he got paid before his neighbor even got started.

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i get to define myself through the scores of people who lead to me. bring your family history to life like never before. get started for free at ancestry.com lou: breaking news to senior administration officials telling fox president trump is looking to fire fbi director christopher wray, president trump according to the same sources may make the move when he wins reelection next tuesday. joining us tonight attorney sidney powell, general michael flynn defense attorney and tom fitton the president of judicial watch, great to have you both with us, let's turn to this vote tonight, this is an extraordinary moment with an extraordinary talent moving to the court, your thoughts on the importance of her confirmation

to the court. >> i love the fact that she is from an ivy league, her law school is excellent, her career is impeccable, her scholastic talent and achievements are extraordinary, she knows the law as well or better than anybody i've ever seen i think she will be remarkable and wonderful addition to the court and will hopefully stabilize it more than it has been in the past and help return us to a true interpretation of the constitution as opposed to having justices create law. lou: we were talking with christopher scalia just before you and talking about original-ism and i cannot help but think about the fact that this is a court that has decided on one case, one well-known case at least the justice did with

enough support to decide that attacks, that it is a wonderful interpretation of the law within deed in terms of original interpretation, your thoughts. >> chief justice roberts is the most political justice up there in some respects, the way that he tries to thread the needle to try to satisfy both sides, soon to be justice. is a great educator for the u.s. constitution, the more she talked, the more people like her, she could have a dramatic influence, not only on the court but increasing the public respect for the constitution, i'm excited as all get out because i'm headed over to the white house after this to celebrate and watchers wherein, i think it was only 30 days ago

that she was announced, the remarkable leadership i president trump and their isaiah by the senate republicans, it's one of the few things they got right this year, getting this judge on the bench has quickly as they did. lou: i don't often complement the majority leader but i will join you in doing so, senator mcconnell has an extra ordinary job, not only with amy coney barrett nomination moving to confirmation but with all of the judges where the president is nominated and move in the district court and appellate court, it is been in historic advancement. i want to turned to the biden family and the corruption scandal that has enveloped them as a result of hunter biden and a laptop that the fbi was in possession of for ten months but did not do anything until delaware computer shop owner

turned it over to their agents, what you make of the impact of this scandal for the bidens. >> i think it is and should be completely devastating to his candidacy, his candidacy has always been a complete fraud, the other democrats know exactly who he is and what he's been doing in the many problems that exist within the biden family and the campaign, they chose him for that purpose and they're really trying to install, let harrison the office, the big question is, who would she pick as her vice president because when they take out biden, whenever that is, she would be president, assuming that ticket were elected and she would get to simply choose her vice president, that would be an unelected person, the whole thing is another one of the democrats massive fraud on the american people, it is hideous.

lou: another of the massive frauds with large it may be on electoral history is what they're doing with mailing voting and outright voter fraud and no one is more involved in that assault on the american way of life on our electoral system then judicial watch, give us a sense of why twitter and others in social media are trying to shut down your messages on voter fraud for crying out loud. >> we put out a straightforward study over 300 counties in 29 states have more people than are eligible and living there. it is a 1.8 million extra names, i raised the concern that mailing 100 million ballots out to people who did not ask for them in valid applications that

did not ask for them, it resulted in increased voter fraud and chaos on election day, they deleted those tweets or suppressing those tweets because a they are in dispute and they might mislead people, they are completely accurate, it's been well established by every election expert until this year that voting by mail is riskier in terms of voter fraud and frankly you are more likely to have your vote thrown out if you vote by mail, if you were listening to me, vote in person especially so close to the election, wait till you can go in person to early voting or vote on election day, the best way to ensure your vote will count, twitter does not want you to know that, you know why because they still think it will help democrats to have more people vote by mail because they think they are more likely to do so. i don't even believe that is true technically but practically they think politically it is helpful for them so they will suppress questions about relying

on them to vote, it's unlawful business practice as far as i'm concerned, it is fraud and it should be stop by the ftc, every government agency under the sun, instead they are allowed to do it with barely a yon from this town. lou: the u.s. supreme court has just ruled against the democrats, this is breaking news, they ruled against the democrats voting 5 - 3 to deny the permission for voters to have six days after the election in which to have their ballots, your take on that ruling and that judgment? >> that is progress, that is definitely a step in the right direction. but they should not be able to send out ballots to people who have not requested them, it is a situation right for massive

fraud and frankly i think that is why they want to do it because they know that they could take ballots and fill the member other people as opposed to having somebody having to go in and vote, voting is so important in every illegal vote takes away the valid vote of an american citizen. lou: absolutely, we will have businesses today are looking to tomorrow. adapting. innovating. setting the course. but new ways of working demand a new type of network. one that's more than just fast. you need flexibility- to work from anywhere. and manage from everywhere. advanced technology. with serious security. and reliable coverage, nationwide.

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lou: we are taking a look at what is the beginning of the final vote, it is a quorum call ahead of the final vote for amy coney barrett's confirmation, that has already occurred, this is the full senate, they have begun the historic vote to confirm judge amy coney barrett and we will be following this through and keep you apprised of the vote as it progresses, we are back with sidney powell and tom fit in, i want to get your reaction to the supreme court ruling that we have just

reported. >> we want honest elections, when you count ballots that arrive after election day for one day, two days let alone six days you're inviting voter fra fraud, by curtailing the 60 extension that was created, the supreme court did the right thing, we are suing north carolina because the voting rules, they have a million names in the roles that we think should not be there, we need to have secure elections, voter id by election day, get your ballot there in person by mail, by election day and get it counted as quickly as you can, delaying and counting until you get the votes that you walked, obviously we know what that scam is about. lou: absolutely, it is just broken, do you get the sense that this ruling by the supreme court will apply not narrowly but broadly to all the states

who have elected to try to have additional extension of days beyond the election day with which the count, do you think it'll go beyond that. >> practically speaking they are running out of time to change it up before election day, the next battle will be after election day when the left pretends that they were surprised by the large number of mail-in ballots and they need to be counting ballots forever and a day, and california they already have in place they will be counting ballots for 17 days after the election. lou: incredible, i want to ask you about our client, emmett sullivan, the judge, i was about to say, i will refrain or constrain myself, emmett sullivan with my comment further ordering the justice department under penalty of perjury, as i

understand it to bring forward that swearing by the department of justice, did they do so? >> they haven't yet they have until midnight but they are expecting to file that any minute. were still waiting on the dismissal. >> they're supposed to provide transcripts of all the notes that were produced in the last several months, that is going to be a couple of hundred pages of documents that he wants identified by author in subject matter and date and transcriptions of any handwritten notes, i don't know what their processes for completing that, they can certainly certify those are the absolute documents that they have but they don't know that they can certify what is in their.

lou: he says penalty under perjury does he not. >> yes he does, i think it's a rather difficult task to impose on them. >> a difficult task, and outrageous task as well, who the hell does he think he is, it's an outrage that he is helping perpetuate what is been a political persecution of general flynn for four years, of general flynn and his entire family, it is outrageous in the fact that no one has interceded, intervened to say to this judge, stop it you're out of your mind and ended here, because it is an outrage, this is incredible that we are tolerating this outrageous un-american authoritarian totalitarian behavior and part of a politically corrupt judicial

federal judiciary. >> were almost out 180 days since the government moved to dismiss this case and any other judge would've dismissed it within a day or two. lou: let's hope the dismissal comes straightaway, we are going to go to the senate floor, the full vote has been concluded and they are going to announce the vote, let's listen in right now. the final vote has just concluded. >> senators voting in the affirmative,. [roll call vote]

[roll call vote] [roll call] lou: as the vote continues we can confirm that judge amy coney barrett has the senate votes, will be confirmed at the conclusion of this roll call with 52 votes in the affirmative for her confirmation to sit on the u.s. supreme court as associate justice. just as amy coney barrett as of tonight the senate confirming her movement to the high court.

she will be sworn in at the white house tonight, we are running out of time, i'm delighted to tell you she has been confirmed in joining us here tomorrow rnc chair brought a mcdaniel, herschel walker among our guests, we hope you will be with us, kennedy is coming up next on fox business and she will continue our coverage of the important senate vote confirming judge amy coney barrett. thank you for being with us, see you tomorrow and good night from sussex. maria: welcome and good tuesday morning, everybody. thanks so much for joining us. i'm maria bartiromo. it is tuesday, october 27th. your top stories, 6:00 a.m. on the east coast. history made, judge amy coney barrett sworn in as the 115th supreme court justice, the fifth

woman in an outdoor white house ceremony yesterday, tipping the scale for conservative judges for the first time since 1930. we are pre viewing her judicial oath later today. markets looking to bounce back. we're looking a fractional move higher this morning, dow up 23, nasdaq up 38, s&p higher by 6 and-a-half. all three