stay tuned, president trump's decision on supreme court nominees is coming up next. >> this is a fox news alert. we are now precisely one hour away from the highly anticipated announcement of president trump's picked up replace supreme court justice anthony kennedy. i'm ed henry, in for tucker. it's all hands on deck. she is live tonight as well as jonathan turley live in our washington bureau with analysis, but we start with john roberts. live at the center of the universe right now where the president is about to tell of all. >> about 59 minutes away from the big announcement in the east room. i don't think i've made as many

phone calls and one day as i have today. it seems like every time you get a lead on something you call somebody else who says, i think it's heading this way. but if we are reading the tea leaves, we are starting to lean towards brett kavanaugh from the d.c.'s circuit court of appeals for the pig. it looked like it was down to two people. cavanaugh and thomas thomas ha, from the third circuit court of appeals. the tea leaves and the winds appear to be blowing towards judge brett cavanaugh's way. he's been on the d.c. circuit court of appeals since he was appointed by president bush in the mid-2000s and he probably has the richest judicial record. he has written over 300 opinions, which senator mitch mcconnell in a conversation with the president this weekend and thought might be to his detriment, because when you have that many pieces of paper, and it could number up to a million,

there's an opportunity for democrats to slow walk the process. don't forget, you only have 83 days between now and october 1st, which is when the next term for the supreme court begins, and when members of congress typically start focusing on the midterm elections to get a supreme court nominee through the interview process, through the hearing process, and through the confirmation process. there was also a knock on cavanaugh coming from some conservative circles as well, and opinion that he authored back in 2011 on obamacare. he believed the court denied the jurisdiction to hear the case because the obamacare individual mandate according to him constituted attacks and you can't bring the case on a tax, until someone paid the tax. so his opinion was that the court couldn't hear the case. some conservatives believed that paved the way and other conservative say that's a misreading of the case because

if you look at the minority opinion from the supreme court and the individual mandate, they really bought into what kavanaugh had been saying in his opinions. now come up with the tea leaves pointed toward kavanaugh, it could also be thomas hardiman from the third circuit court of appeals. he was a finalist for the supreme court supreme court vacancy left by the death of anthem antonin scalia last year. the president's sister recommended him last year and the president really liked him, we are told and almost picked him to replace gorsuch, but didn't. that's where we are at 8:00 tonight, but either way you cut it, ed, there's going to be a huge battle in the senate with democrats to confirm the president's picked. the president has 50 votes in the senate so if he gets every republican, he could do it, it would be 50-49, but he would also like to get some democrats which is why they are targeting

joe donnelly and heidi heitkamp. >> ed: that's right, john all over the drama. we will get back to you this hour if we have more developments. shannon bream, let's bring you in. i mentioned it's almost like the super bowl for you, john is talking about the drama and the staff in the studio was laughing at me because i was trying to pry it out of a senior white house aide right before we went to air. you've done this before. they were counting me down and i was hanging up the phone when i said, i've got to go. the senior senior aide said, iy don't know. >> shannon: i have one source who very much is somebody that would know, it's a single source but they agree with john that everything seems to be pointing us towards judge kavanaugh. but that being said and we have to wait for the president for about an hour from now. the final four are all judges and some have had a year's worth on the bench and some of them only a few months.

that's one judge that was confirmed just a few months ago. while folks are worried tonight about who they may get, conservatives coming in high, senator lindsey graham says tonight that he thinks the conservative should be happy. and here's how he puts it. >> republicans are holding for lottery tickets and all of them are winners. >> so let's talk to the final four. judge brett cavanaugh, d.c. born and raised was a justice. now along with justice himself, neil gorsuch. he helped write the camstar report and even investigated vince foster's death. he's also a marathon runner, so he will be ready to run the gauntlet on the hill. judge raymond kethledge is considered a d.c. insider. he likes to hunt and fish, and he often writes from a spot in the barn with no internet. he also has written a book and

that mark ten years on the federal bench. judge amy kony barrett had a lot of tough questions from senators franken and durbin. they focus a lot on her devout catholic faith and it's quite a backlash from a lot of folks who said those questions were inappropriate. she was a clerk for justice antonin scalia, and she has a law professor and writer profession. judge thomas hardiman likes things from guns to religious liberty. he was a first and his family to graduate from college and he put himself through georgetown law school by driving a taxi. no matter whom the president picks, with senator mccain away from washington, the democrats are facing enormous pressure to stick together to help they can pull away a republican or two as well. >> ed: i will tell you though if simple math tells with jonathan mccain is absent, one

republican senator can decide any supreme court nominee. >> shannon: all of them have run the gauntlet before but they are likely to face a much more difficult road this time around. that's a different ball game when you talk about the supreme court. so far, you may remember the white house brought to justice gorsuch in on a military transport plane last time around, they were very secretive about this. but as you know, we will know shortly after 9:00. >> ed: i have a source that tells me last night they were getting indications from the president that he was leaning toward judge brett kavanaugh as you suggest and he was telling people that barrett could basically be in the bullpen if there was a future pick. she was just confirmed as a judge as you know and has very few opinions. she could get time to grow and she's still very young. what do you think of that scenario? >> i love that 46 is described as a young but here in the

supreme court it is actually extremely young. they are saying give her some time on the bench and have her ready in case any of the female justices would leave the bench. she is obviously going to have a different ideological bet than those who currently sit on the bench. but she became a rock star on the conservative of religious rights, and maybe she is in the aaa for now. >> are young vibrant watcher of the court and fox news at night anchor, don't miss her tonight at 11:00 p.m. eastern. we will get back to you this hour when we get more information, shannon. meanwhile, let's get some analysis on the president's final four. we are joined now by jonathan turley. before we go through the reports, and we are hearing this great reporting from john and shannon, it seems to be tilting towards brett kavanaugh. i want to take a step back. talk about this moment, not every president is getting the

chance to put their imprint on the high court for the next 30 or 40 years. >> that's right, there have been presidents that didn't get any nominee, but this is a particularly momentous occasion. this is the moment that many liberals dreaded the idea that kennedy, the perennial swing vote on the court would be replaced by a republican president with the republican senate. and that something of a nightmare come true. all of these justices would move the center of gravity to the right and it would actually positioning john roberts as the most likely swing vote, although he actually votes with the right most of the time in controversial cases. so this is an incredibly important moment for president trump. i think that trump recognizes that this may be his most lasting legacy and he may not be done. he could well get another nominee. >> ed: to your point, brian

fallon who wore worked in the holder justice department and work for hillary clinton said recently, this pick is monumental because in the democrat's eyes it will determine whether donald trump will serve four years or his legacy will carry on. the president obviously believes to be in the office for eight years so we will put that aside for the moment. but this has real impact. >> it does. and the president's critics have to give him one thing. more than any president in my lifetime, he has made good on his promises. this is one of the big ones, he promised to deliver conservative jurists on the court. there are some pro-life people that really wanted to see barrett because she was the most reliable pro-life vote. the other three, one could debate how far they have been able to go. but in terms of conservative credentials, these have them in spades. speak >> ed: he wrote a column for the hill newspaper that said

it because of this bruising process we have now, it's rare that you get a giant, because you want someone who is shrunken down in some ways who has less that the critics can pick at. it seems like brett kavanaugh could run counter to that if he's nominated because he has a lot of decisions out there and he's been at the court for a bit. >> he does, but he's not what i would say about neil gorsuch. i testified about neil gorsuch at his senate judiciary committee because he was out of the norm. he was an intellectual leader and kavanaugh has some of that. but this is a horrible way to choose people for the supreme court. you are rewarded if you've never had an interesting thought or stated an interesting idea your whole life. obviously, kavanaugh has a lot of opinions and there are some interesting aspects there. but it is a real liability, and barrett is a good example of that. she wasn't penalized because she openly and honestly discussed

issues that were dividing her generation. >> ed: and some democrats went over to mike after her faith in a previous controversy. we appreciate your time. we'll keep an eye on the white house all this hour, awaiting the president's announcement. up next, the political impact of the president special nominee, we will go deep on that. comes t, he's less confident. here, yogi. fortunately, there's rocket mortgage by quicken loans. apply simply. understand fully. mortgage confidently. get approved in as few as 8 minutes. [ coughs ] ♪ ♪

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president trump is an hour away from supreme court nominees. it actually shows students on the left convince the nominee which hasn't been named yet is racist or worse. >> the fact that he would put someone out there that was so racist and is not practicing the qualities that we need to see, it's insulting. he is not going to last. >> if you are not a fan of the pick? >> i'm really not. >> they should all wear white hoods and bear crosses. >> sadly it's not just students jumping the gun. even some democratic lawmakers have been going off on the nominee before he or she is named. here's senator richard blumenthal. >> i've never seen a president of the united states in fact make himself a puppet of outside groups and choose from a group of right wing fringe ideologues.

>> within seconds of the presidents pick being out tonight, conservatives and liberal groups will go to war over the airwaves with those supporting the nominee. carrie, good to have you on. >> great to be here. what do you think first of all about this idea? nancy pelosi is even saying tonight that she wants to avenge things for barack obama because he didn't get mayor garland so she's going to stop the nomination before it's named and b, she serves on the house where there are no confirmation battles. >> you know reality is optional sometimes. when it's confirmed in an election year like this one, it's not unfair to say president trump may get some nominees as well. you are seeing them getting more and more riled up, and anxious about this.

40% of the cases are decided unanimously. justice kennedy lined up most of any justice this last term, with justice gorsuch. so if we see another gorsuch, don't worry, things are moving, calm down. >> ed: what about this idea from democrats like dick durbin that the president is a tool of the right. it's been outsourced to you and that's where he got the names, the 25 names on the list. >> that's just crazy. the heritage foundation even published a list of names they suggested to the president, it's not the same as the list you made up. they asked other groups for advice but no one handed them a list and said, this is what you are doing. that's something that don mcgann come at the white house counsel office was heavily involved in and ultimately president trump was doing. he's the one making the call. >> how smart was it for the president to put that list on the table in a way that hillary clinton did not do the same with the left to activate the right and said, if you elect me president, it was transparent

for whatever his critics wanted to say. as far as i know in the last year and a half, or two years, there's been no critical case against any of these nominee credentials. they are just attacking the etiology. >> that's interesting because that's where people would say, don't do this because people will attack him. he went the transparency route which was a brilliant move. a lot of people that weren't sure said, i'm for trump. and that was one reason they went to the pole. >> real quick, i went to talk about the left activating. what will your group do in terms of money on ads. >> several different versions are ready to roll out and informing people about the nominee, whichever one he or she picks, they don't even know who

the nominee is. >> we appreciate your time. meanwhile, i mentioned democratic senator dick durbin of illinois. he so eager to block anything tied to the president that he actually suggested stopping this nominee is more important than some of his fellow democrats from red states getting reelected. watch. >> of the men and women on the democratic side take this seriously. it's about more than the next election and the united states of america is going to try this in the future of its supreme court. each and every one of them take that seriously and that personally and it goes down the next election. >> how do you think joe manchin took that with his sunday morning coffee when he sitting in a state like west virginia come up for election. he voted for justice gorsuch in 2017 and by the way, donald trump carried west virginia not by 20, not by

ten, but 41 points. and they are in the exact same boat as joe manchin although obviously west virginia is probably the most extreme case. he had to have gulped deeply because of course his responsibility is to the people of west virginia, not fellow democrats, not democratic's constituency around the world or anything like that. and it dick durbin probably ought to go back to study the founding to understand exactly why senators are picked and who they are supposed to be representing. but the guy deserves a little bit of credit for honesty here. you know, you think of the democratic party, they love to divide americans by race, creed, gender, whatever they can, they spit everyone against one another in the campaigns. what dick durbin is saying here is, there's only one issue that we care about and that is

abortion. joe manchin and all these other democrats that represent red states, more conservative leading states basically commit political suicide in support of this one agenda item. >> ed: joe donnelly and heidi heitkamp are watching this closely. what do you make of the fact that the three democrats i mentioned, and other democrats like dianne feinstein, you see the numbers there by the way. at the president by big double digits, they were all invited to the white house tonight and they all declined at the presidents invite. they wouldn't even come and listen to the president, listen to the nominee. >> i think that just shows how deeply and sorely divided, i would set it all back to the same thing. to me it has to do with the politicization of the judiciary.

the point back to the 1973 decision of roe v. wade. and they have the court make a ruling about it and take it out of the political sphere. no wonder he will wind up politicizing the judiciary. one thing, and the shorthand we talk about conservative versus liberal justice, conservative justice is someone who believes the constitution and says what it means. >> ed: we appreciate your time tonight. i.c.e. is the agency cracking down on illegal immigrants, but the president wants to boost their budget by billions. who has the upper hand? we will debate both sides, next. plus we are keeping an eye on the white house all our as the president reveals his nominee. we will be there live as the

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>> ed: the president supreme court announcement is just about a half hour away. in the meantime, one of the biggest president biggest president issues that the nominee will have to deal with his immigration. one of justice kennedy's last votes was to uphold the president's most controversial travel ban. it could soon spark a fierce budget battle in congress. the they are seeking to expand

the i.c.e. budget by close to a billion dollars but more and more democrats are saying the agency needs to be abolished. a democratic candidate for governor here in new york flat-out charge the agency as a terror organization. saturday on msnbc, a democratic congressional candidate, self-described socialist sort of piled on. >> our immigration system is built on a promise of exclusion, choosing who we want out, instead of who we want in. >> meanwhile on "meet the press," senator durbin compared illegal immigrant children with those soccer players trapped in a cave. >> hearts and prayers are with the boys that are trapped in the cave in thailand, also with thousands of children and

toddlers separated from their parents. >> former missouri state representative chris wilson is a republican strategist and they both join us right now. good to see you. how in the world can dick durbin come up with a straight face, say this is like the tile and soccer players trapped in a cage? cave? >> they are all children separated from their parents through no fault of their own, be it soccer players or migrants from south america, they are all kids in traumatic situations and us as god fearing christians should be concerned about the welfare of all kids. i'm happy to see that eight of those soccer players have been evacuated and my thoughts and prayers are also with kids who have been forcibly separated from their families. be that soccer players in a cave or a mexican and el salvador in immigrants, they all are reunited. >> the president signed an

executive order to try to stop all of that, fair analogy, or not? >> it's absolutely terrible that children are being separated from their families but that means a legislative or executive fix. you have democrats standing in the way trying to make it, if you have a kid you get into the u.s. free card. kids are being trapped in the united states for the purpose of allowing people we don't want in this country getting in. and open borders, policy, and you can't give the president credit for fixing a fire that he started. he did sign the executive order which was a move in the right direction, but there was no plan about how to attract these kids and reunite them with their families once the executive order was signed. we have a deadline of next friday for all families to be reunited but we don't know where all the kids are. we don't have a plan for uniting all of them with their families,

and therein remains a problem. >> chris, what about the socialists running for congress here in new york? they knocked off oak rally, and he wanted to succeed nancy pelosi as a democratic leader. is she saying that basically exclusion is what drives immigration policy? i thought that what should drive immigration policy, i thought we could all agree, it is actually enforcing the law. >> of course i would agree, it's called border security for a reason. you want to exclude criminals, you want to exclude drug dealers and terrorists. you have an epidemic in this country that's being driven by a lot of black tar heroin, in which they are using kids to try to traffic these drugs across the border. read it during land, a book that tracks the entire problem that has really destroyed our rural communities. we have to find a weight that separates the truest silence egress from those who are trying to get into the country to do us

harm. we need to exclude that people from this country. >> when the president was going after the fbi leadership, a couple of agents that were texting him and saying they wanted him to stop being elected, there were a couple that said he's attacking law enforcement. now leaders in your party like dick durbin are saying that i.c.e. agents are incompetent, that's a word he used. i don't see you defending law enforcement in that case, these are people trying to break up games. they are trying to break up child sex trafficking rings. and yet democratic leaders are attacking these i.c.e. agents and calling them incompetent. >> let's be clear, no one in the mainstream leadership is saying, we should abolish i.c.e. >> ed: hold on, pardon me once decadent. dick durbin said they were incompetent. >> and i said nobody in mainstream democratic leadership

is saying we should abolish i.c.e. i'm saying we should not increase the budget, it's being used to continue family separations and not reunite kids. we cannot increase funding to the i.c.e. when i.c.e. is being used for fundamentally for all purposes. no one is saying abolish i.c.e. >> this is one place where he and i agree because i think you just put half of the democratic leadership outside the mainstream. they have adopted this extreme position -- >> know they haven't. that's the point, we haven't. >> of democrat protesters -- >> ed: don, we have to give you the chance. >> elizabeth warren, kamala harris, all kinds of folks who want to run for president, their stature was saying come to abolish i.c.e. >> when you have a national platform you have to say things that are true.

nancy pelosi, chuck schumer, nobody in the democratic leadership is saying abolish i.c.e. we are seeing stop the weaponizing practices. >> ed: we appreciate your time time. congressional investigations don't stop leaving for the supreme court. lisa page has been summoned to appear before congress and we will talk about that development, next. plus we will continue monitoring the white house as we await the announcement of president trump's second supreme court nominee. a major attempt to reshape the court ask a business advisor how to get on demand tech support for as little as $15 a month. right now, save $300 on our hp 2-in-1 laptop bundle at office depot officemax 3 toddlers won't stop him.. and neither will lower back pain. because at a dr. scholl's kiosk he got a recommendation for our custom fit orthotic to relieve his foot, knee, or lower back pain, from being on his feet. dr. scholl's. born to move. i'm all about my bed. this mattress is dangerously

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>> ed: of president trump's supreme court announcement is imminent and we go live to the white house as soon as it happens. in the meantime, all that excitement has not halted the russian investigation or inquiries into misconduct at the fbi, either. the house judiciary committee has no subpoenaed a former fbi lawyer lisa page to appear for a closed-door interview on wednesday. she exchanged numerous texts attacking the president with her lover, peter strzok, the fbi

agent in the middle of many of these stories. meanwhile paul manafort has made a new court filing that reveals there was a 2017 meeting between doj officials and associated press journalist suggesting grand jury secrecy may have been violated. mollie hemingway is the senior editor, she joins us live. let's start with lisa page. peter strzok has already appeared behind closed doors and we expect him i believe in public later this week. what do we know about lisa page and why she's being brought in? >> lisa page was andrew paige's legal can cycle area, trusted confidant, being as he was fired for not being truthful about his communications with reporters. we have all these texts showing extreme bias between these two agents as it related to both the clinton investigations and the

trump investigation. we do not have good answers from her about exactly what was going on so it's a really exciting opportunity that congress will be asking her about. >> the insurance policy to maybe prevent donald trump from being elected president, the idea of a "meeting" in auntie's office expected and anticipated that that meant andrew mccabe was the number two at the fbi and her boss. >> not just that but there were interesting texts about the white house's role in the investigation and statements that were made about the use of confidential informants, of which there were many. there's just so much that remains to be learned about what was going on. she left under pressure so it's a particularly interesting thing that she will be -- she left the doj under pressure. >> ed: let's talk about paul manafort. his legal team is frustrated that he has been thrown in jail on tax and other charges because

of alleged witness tampering. they have now put him in solitary confinement because his lawyers believe he will be beaten up. people believe he is a trophy because it was close to president trump. it's disturbing and troubling. now we have learned that possibly ap journalists were getting inside information and it may have been violated? >> there was a very interesting meeting that the department of justice had with these ap reporters and neither side comes out looking very good. that strictly against the rules. but the argument seems to be we weren't sharing information, we were collecting information from reporters. while that violates every journalistic norm if it's true, the associated press was sharing information and becoming activists or informants and that's not typical behavior for journalists. >> ed: much more digging on that story for sure.

they are on the final countdown to president trump's supreme court picks. lots of tea leave is reported g brett cavanaugh, we will see if that's how it turns out

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>> ed: about 15 minutes away from the president's highly anticipated supreme court announcement. protesters from both sides are already at this moment gathering outside of the high court and you can see them there. many of the signs they don't criminalize abortion. some protesters on the left per protect roe v. wade. you can see the opposition to this nominee mounting before that nominee has been named. it seems like the perfect time to bring in fox news contributor

tammy bruce. we knew that this was coming. on all sides whether it was a democratic president, you are allowed to have your voices heard. let's just listen in to get a little flavor of it, then i want you to react. [protesters chanting] >> ed: they are pulling it together, what your reaction? >> i use to organize things like that and my activism began with abortion rights. one of my big fights with the left was they really didn't want to solve problems because problems like this, abortion rights, it raised money. so when i see this i realized that they want to fight the dash the fight to drag on. americans come together when it comes to issues of privacy, and the chant is to be making abortion legal, safe and rare. and that's even changing to a

degree. there are some trying to make this a romantic or exciting or heroic thing. >> ed: let me tell you about that because michelle wolf last we checked, remember last we heard from her, she was at the white house correspondents dinner where she ridiculed sarah sanders and made some pretty disturbing remarks. >> i actually like her, she's actually very resourceful. but then she burns facts and then uses it to create the perfect smoky eye. maybe it's maybelline, it may it's lies. and he thinks abortion is murder. first of all, don't knock it until you try it. and really knock it, you have to get that baby out of there. >> ed: there were people of

all positions in that room. wolf held a celebration for abortion. >> abortion, i salute you. women, if you need an abortion, get one. if you want an abortion, get one. if you are not pregnant but you think you eventually might be and want to order a future abortion, get one. god bless abortion and god bless america. >> ed: is there not a way to be for abortion rights, has a right, without celebrating abortion itself that way? >> obviously for those americans are pro-choice, it's about not wanting the government, as opposed to obamacare, the government having a say in what we can say and do with our doctor. while at the same time, not making it something you want to do. no one says, i really want to go have an abortion next year.

that's a mistake for individuals like that, it's a shift because they know that the world is changed. abortions are at their lowest rate historically and for me it's about women being able to have enough resources and optimism in the future so they feel as though they can have that child if they want to. these are the things we should be working on some women are actually able to make the choices that best suit them. that kind of attitude and approach is rejected amongst americans. i think it's important that we realized that she does not, i don't believe represent -- she doesn't represent most liberals, and i heard from a number of people when it aired who were liberals and did not like it. >> she went on to say look, access to abortion is good and important. some people say abortion is killing a baby, and she said it's not. it's stopping a baby from happening. thank you for your time. let's go straight to john roberts for the breaking news about where we are in this

process. i see john in the east room, good to see you. >> good evening. it's a place that you've been many, many times and we expect the president to walk out with his nominee for the supreme court in a little more than just 5 minutes. not to say definitively who it is but shannon bream and i are getting a strong lien from judge brett kavanaugh from the d.c. court of appeals. don't forget, this president likes to mix things up so maybe he's blowing smoke around. until the president walks out with kavanaugh at his side, we can't say definitively. those are the indications that shannon bream and i are both getting. if he does pick brett kavanaugh for the d.c. circuit court of appeals, that would add to the d.c. circuit court of appeals pedigree in the supreme court that includes john roberts and ruth bader ginsburg. as is clarence thomas, and a lot of people called the d.c. circuit the farm team for good

reason. he's authored some 300 opinions at the d.c. circuit court of appeals which gives him a rich judicial history. mitch mcconnell is talking to the president over the weekend and said that's a pretty big paper trail. also, judge cavanaugh has a history with the bush family and, he was appointed to the d.c. circuit court of appeals by george w. bush but it looks like all the indications we are getting hard that president trump has decided to go with the choice that he thinks will satisfy conservatives and will satisfy enough people on the senate and for him to get confirmed. the one i want to give the viewers are flavor for the kind of reporting we do every day. you are sitting through this and not speculating, carefully reporting what we know accurately. 2 minutes ago i talked to a source who said there was a person who spoke to the

president today who said the president was talking up hardiman big time. it doesn't mean he is the pick, but these conversations are going on. chuck grassley, he will be a key player and mitch mcconnell, of course the senate republican leader. he told someone else, kavanaugh would be great. it's hard to sift through this and speak to the facts and not speculate. >> i can tell you that the vice president, they all know who the pick is. but, i know one of the president's favorites was amy kony barrett. but he thought it would be a problem, at least he stole people come of getting confirmed. you don't want to lose confirmation for a supreme court justice particularly just before the midterm election. even though there are

indications that republicans could pick up seats in the senate, it's a wild card and you don't know what's going to happen. there are a lot of people including a man sitting on a chair over there who came up with a list and said, don't screw this up, let's get someone we can confirm. >> nobody knows better than john roberts the drama this president can build. we will find out in a few moments. tom fitton of course runs judicial watch. what's your sense about where we are headed this evening? >> i would guess judge kavanaugh as well. he has a can extensive record and conservatives are comfortable with him. generally speaking the president has had a surplus of great choices here and he focused on a judge that has been on the bench for 11 or 12 years. my sense is, the conservatives and the base are very motivated and excited about this pick, and the left is despairing and angry and lashing out. >> they are getting energized as we saw that the court a moment

ago. but you said conservatives are comfortable with judge cavanaugh, certainly some conservatives are. but as you know there are other conservatives saying, hang on a second, they don't like where he's been on obamacare and they have other questions. talk through why. >> some have done deep dives on his decision and question him, but i see arguments over how many angels are ahead of the pen. he's been around for a long time and is extraordinarily conservative. we will see a lot of fighting over the next few months but president trump has the votes and i suspect we will get some democrats supporting judge cavanaugh in the end. >> we will see whether or not there are three, four less or more. >> welcome bret baier, you've

been through this many times before and despite all the tea leaves we are getting, that maybe it will be brett kavanaugh. i spoke to someone by text 2 minutes ago was that the president was saying, hardiman is amazing. i could be a smoke signal or maybe there is a surprise. >> kudos to the president for keeping this going. i've talked to two sources and different folks who have circled the wagon who say it is kavanaugh. the biggest tea leaf today was this opinion that came out of the d.c. circuit, which was released on a monday. kavanaugh was in the majority and they don't release opinions from the d.c. circuit on a monday unless it's an emergent . once the nominee is chosen he or she re-accuses himself or herself from opinions. one thing is perhaps the d.c. circuit was getting it ahead of time. so i think if you've dealt with

this on the show, the interesting thing about this when this happens, seconds later, both sides will deploy millions of dollars of ads in specific states to go after specific senators and that will be the battle that we see play out over the next few months. >> ed: talk about that, it's a midterm election year when justice gorsuch was nominated in early 2017. in the end, despite the fight, it was a battle in the early stages but then it sort of fizzled out a, because of his credentials and b, because you had at least three democrats who said we are going to support them. >> right, and now those democrats are on the hot seat. give ten senate democrats up for reelection and states that trump wynette, five of them were trumped one by 15% or more. those are states targeted conservative democrats specifically by targeted groups. joe donnelly in indiana, heidi

heitkamp in north dakota, and joe manchin, all of those states will be bombarded with ads starting tonight. bio adds first to introduce this new nominee. then on the flip side on the left, you have three of those for being targeted on the left to say, hold the line, with democrats. >> ed: let's take one step back and think about where we all were two years ago in 2016. the anticipation and most of the mainstream media, all the political geniuses. hillary clinton was going to win, and if they were going to be nominations to be had it would be people on the left. instead donald trump wins against all odds. he got the tax cut through government repealed the individual mandate, and he's working on immigration. he wanted to get the infrastructure plan but now he has to supreme court picks and the opportunity to reshape this court for 40 years. >> >> bret: think about that as an issue as we closed in on

election day. that was a driving issue especially for evangelicals who came out in droves for donald trump. they knew this was a possibility, this day, this moment for kennedy, the swing vote, to step aside is a big moment for the conservatives. >> ed: 15 seconds, you have a big interview with the vice president tomorrow on "special report." he is immediately jumping into save this nomination? >> bret: we will be talking with him and it's likely the nominee will be up there as well and there will be a hard push by this administration early. >> ed: it will be a monumental battle. that's about it for us tonight, stay tuned to fox as the president is finally making his selection for the supreme court any moment now. good night from new york. sean hannity will be taking on the coverage through the evening. this is something we saw a moment ago, john kelly the white house chief of staff coming into the stream there and joining some top senators like

mitch mcconnell as well as chuck grassley. he's the senate judiciary chair manager will see him at those confirmation hearings. this is ed henry in new york and i will turn it over to sean hannity as we get ready for the president in the east room. ♪ >> sean: this is a fox news alert and we are only moments away from one of the most important and consequential decisions and american history. president trump about to announce his pick to the u.s. supreme court. the ap moments ago reporting that it will be brett kavanaugh. we live full complete reaction to the president's nomination and analysis. shannon bream, jay sekulow, jay garrett and later we will have an opening monologue that we will tell you all about your president selections. joining us from the white house as our own john roberts. >> for the past hour or a little more, shannon bream and i have been leaning toward