president putin of russia. former fbi agent lisa page and peter strzok both set to testify on capitol hill. we are grateful that you sent your very busy with evening with us, good night from washington. i'm shannon bream. president trump is about to announce his pick for the u.s. supreme court. the ap just moments ago reporting that i it will be bret kavanaugh. we will have a full and complete analysis, and later we have an opening monologue that will tell you all about the president's election. joining us now from the white house as our own john roberts. >> from the past hour, shannon bream and i say we have been leaning towards brett

kavanaugh. we expect to see the president and as well, judge, and circuit court of appeals, often called the farm team for the supreme court. there are a lot of people that thought maybe this was too much of an establishment choice, maybe he should have gone with a b tony barrett but the intelligence that i've been getting it is that amy coney barrett may have been a difficultou confirmation this year. if another justice's shuts down, they would likely be the next choice. >> we are only ten seconds away, the president of the united states making his big announcement. ap reporting and fact that it is a judge kavanaugh, which have been rumored most of last week. again, i would confirm. there is the president now headed to p the podium and whats history in the making, this now

his second supreme court nomine nominee. here is the president. my [applause] >> president trump: my fellow americans, tonight i speak to you from the east room of the white house regarding one of the most profound responsibilities of the president of the united states. and that is, the selection of a supreme court justice. i have often heard that other than matters of war and peace, this is the most important decision a president will make. a supreme court is entrusted with the safeguarding of the crown jewel of our republic, the constitution of the

united states. 12 days ago, just as anthony kennedy informed me of his decision to take senior status on the supreme court, opening a new vacancy. for more than four decades, justice kennedy served our nation with incredible passion and devotion. i would like to thank justice kennedy for a lifetime of distinguished service. [applause] in a few moments i will announce my selection for justice kennedy's replacement. this is the second time i have been faced with this task. last year i nominated judge neil gorsuch to replace the late, great, justice antonin scalia.

[applause] i chose justice gorsuch because i believed that he would be a faithful service of our constitution. we are honored to be joined tonight by justice antonin scalia's lovely wife, maureen. [applause] both justice kennedy and justice scalia were appointed by a president who understood that the best defense of our liberty and the judicial branch, immune from political prejudice, were judges that apply the

constitution as written. that president happen to be ronald reagan. for this evening's announcement, we are joined by ronald reagan's attorney general, edwin meese. ed? [applause] and i speak for everyone, thank you for everything you have done to protect our nations great legal heritage. in keeping with president reagan's legacy, i do not ask about a nominee's personal opinions, what matters is not a judge's political views but whether they can set aside those views to do what the law and the constitution require. i am pleased to say that i have found without doubt such a

person. tonight it is my honor and privilege to announce that i will nominate judge brett kavanaugh to the united states supreme court. [applause]

>> president trump: i know the people in this room very well, they do not stand and give applause like that very often ss they have some respect. and brett's wife ashley, and their two daughters, margaret and liza have joined us on the podium. thank you and congratulations to you as a family. [applause] judge kavanaugh has impeccable credentials, unsurpassed qualifications and a proven commitment to equal justice under the law. a graduate of yale college and yale law school, judge kavanaugh

harvard, yale and georgetown. throughout legal circles he's considered a judge is a judge truth thought leader among his peers. he's a brilliant terrace with a clear and effective writing style universally regarded as one of the finest and sharpest legal minds of our time. and it just like justice gorsuch, he excels as a clerk for justiceju kennedy. that's right, thank you. [applause] judge kavanaugh has devoted his life to public service. for the last 12 years he has served as a judge on the d.c. circuit court of appeals with great distinction, authoring over 300 opinions which have been widely admired for their skill, insight and rigorous adherence to the law.

among those opinions are more than a dozen that the supreme court has adopted as the law of the land. beyond his great renowned as a judge he is active in his community. he coaches cyo basketball, serves meals to the families, and, having learned from his mom who who is a schoolteacher in d.c. tutors children at local elementary schools. there is no one in america more qualified for this position and no one more deserving. i want to thank the senators on both sides of the aisle. republican and democrat for their consultation and advice during the selection process. this incredibly qualified nominee deserves a swift confirmation and robust bipartisan support. thend rule of law is our nations proud heritage. it is the cornerstone of our

freedom.ee it is what guarantees equal justice, and the senate now hast the chance to protect this glorious heritage by sending judge brett kavanaugh to the united states supreme court. and now, judge, the podium is yours. [applause] t >> judge kavanaugh: mr. president, thank you. throughout this process i have witnessed firsthand your appreciation for the vital role of the american judiciary. no president has consulted more

widely or talked to more people from more backgrounds to seek input about a supreme court nomination. mr. president, i am grateful to you and i am humbled by your confidence in me. 30 years ago, president reagan nominated anthony kennedy to the supreme court. the framers established that the constitution is designed to secure the blessings of liberty. justice kennedy devoted his career to securing liberty. i'm deeply honored to be nominated to fill his seat on the supreme court. [applause]

my mom and dad are here. i am their only child. when people ask what it's like to be an only child, i say, it depends on who your parents are. [laughter] i was lucky. my mom was a teacher and in the 1960s and 70s she taught history at two largely african-american public high schools in washington, d.c. mckinley tech and hd woodson. t for example taught me the importance of equality for all americans. my mom was a trailblazer. when i was ten, she went to law school and became a prosecutor. my introduction to law came at our dinner table when she practiced her closing arguments. her trademark line was, "use your common sense. what rings true, what rings false?" that's good advice for a tour,th

and for a son. one of the few women prosecutors at that time, she overcame barriers and became a trial judge.rs the president introduced me tonight as judge kavanaugh, but to me, that title will always belong to my mom. my dad went to law school at night while working full-time. he has an unparalleled work ethic and has passed down to me his passion for playing, and watching, sports. i love him dearly. the motto of my jesuit high school was, "men for others." i try to live that creed. i spent my time in the white house to the u.s. court of appeals for the d.c. circuit. i have served with 17 other judges, each of them a colleague and a friend. my judicial philosophy is

straightforward. a judge must be independent and must interpret the law, not make the law. a judge must interpret statutes as written, and a judge must interpret the constitution as written. j informed by history and tradition and precedent. for the past 11 years, i have taught hundreds of students, primarily at harvard law school. i teach that the constitution's separation of powers protects individual liberty. and i remain grateful to the dean who hired me, justice elena kagan. as a judge, i hire for law clerks each year. i look for the best. my law clerks from diverse backgrounds. i am proud that a majority of my law clerks have been women. i am part of the vibrant catholic community in the d.c.

area. the members of that community disagree about things but we are united by a commitment to serve. father john ensler is here, infa 40 years ago i was an altar boy for father john. these days i help him serve meals to the homeless at catholic charities. i have two spirited daughters, margaret and liza. margaret loves sports, and she loves to read.d. liza loves sports, and she loves to talk. [laughter] i have tried to create bonds with my daughters like my dad created with me. for the past seven years, i have coached my daughter's basketball teams. the girls on the team call mehe coach k.

[laughter] i am proud of our blessed sacrament team that just won the city championship. [applause] my daughters and i also go to lots of games. our favorite memory was going to the historic notre dame-uconn women's basketball game at this year's final four unforgettable. my wife is actually a west texan, graduate of abilenell cooper public high school and the university of texas. she is now the town manager of our community. we met in 2001 when we both worked in the white house. our first date was on september 10th 2001. the next morning i was a few

steps behind her as the secret service shouted out allhe of us to a sprint out the front gates of the white house, because there was an inbound plane. in the difficult weeks that followed, ashley was a source of strength for president bush, and for everyone in this building. through bad days and so many better days since then, she has been a great wife and inspiring mom. i think god every day for my family. [applause] tomorrow i began meeting with members of the senate which

plays an essential role in this process. i will tell each senator that i revere the constitution. i believe that an independent judiciary is the crown jewel of our constitutional republic. if confirmed by the senate, i will keep an open mind in every case. and i will always strive to preserve the constitution of the united states and of the american rule of law. thank you, mr. president. [applause]

>> sean: there you see that president trump has nominated brett kavanaugh now to the highest court in the land. we have lots of news,ed information and background on him that we will give you all throughout the hour. my opening monologue will be coming up in minutes, jay sekulow, greg. and first we will go outside of the supreme court where our own fox news at night anchor, shannon bream, she knows the supreme court well and has covered it for years.fo >> it's a raucous night out here, we have folks on all sides of every issue out here jostling, demonstrating and chanting and not reacting to the

pick that we have come judge brett kavanaugh. he was a clerk for justice kennedy, a coclerk for the man that is now the new justice, neil course at, so they will serve on the bench together. he's been on the federal bench for 12 years or so because now there will be a very long record for people to go through. sifting through his opinions, decisions and he has weighed in on a number of tough issues. one area to watch for a possible republican opinion, bulk metadata does not violate the fourth amendment. that's something that rand paul expresses concern about. he has to win the 50 votes and make the rounds. this is a guy who has run the boston marathon twice and so he actually knows about running the gauntlet. and the endurance he's going to need getting through this because there are plenty of objections from the left from folks who said from the beginning they would object to anyone this president nominated. so now we have the name and he begins the gauntlet tomorrow.

he has the tractor is on the left and right, he has plenty of supporters. he's been vetted by the federal society and they say they are confident in his conservative credentials. so we will see, as he goes through the process. >> sean: shannon bream, thank you. joining us now is fox news correspondent it was in the room for the announcement. you've kind of been hinting all day because i've been watching your coverage, john roberts. we are all getting some wind that that is what was going to happen. john, what is the big announcement? i have a lot of context, and especially an administrative law at george mason law, and he actually said --

actually almost said the very same thing in the speech on original assembly, separation of powers, on fidelity to the constitution. i will read that later in the show. what's the first reaction? >> john: obviously by the people in the room here, it's a reaction of welcoming judge brett kavanaugh to the nomination process. i think there were a lot of people that thought he was the perfect person for the job, one of the most powerful circuit courts of appeal in the united states and the d.c. court of appeals. john roberts as well as antonin scalia, judge clarence thomas, warren burger, so many supreme court justices come from the d.c. circuit. a lot of people thought, maybe it won't be brett kavanaugh because he is an alumnus of the george w. bush white house, and of course the bush family on the trumps don't particularly get along. but george w. bush sent a note out tonight on the nomination to the supreme court saying, president trump has made an outstanding decision in nominating judge brett kavanaugh to the supreme court. he is a brilliant juristic that has faithfully applied the constitution it and it laws to his 12 years of the d.c.ia circuit.ed

he's a fine husband, father and friend and a man of the highest integrity who will make a a superb justice of the supreme court of the united states. he has an interesting story that the president really likes, and his daughters call him coach k. and now they are are on to the confirmation process and you know that will be a bruising one. >> sean: good point, a very predictable. i don't think it matters who in fact the president picked. john roberts, thank you. joining us here on set, chief national correspondent usually in the white house but he's filling in the 8:00 hour. >> i was trying to give you a big lead in. what he said about revering the constitution, about separation of powers. i'm actually going to read from a speech that he gave that to me, it shows his judicial philosophy. at the end of the day this comes

down to original as him and constitutionalism. the president said, the constitution as written, judge kavanaugh has said the same thing many times. what's interesting here is very different than what the left wants. and she now picked her supreme court nominee. it would be a very different philosophy. >> this president was transparent and honest in 2016 about saying, i want originalists who want a strict interpretation on the high court.t he named them, scalia and thomas, and by the way put ate packet together with 25 names and said, these are the people k will nominate. so there was no mystery. it was transparent and direct. >> he was on the list. >> the dnc just put out a statement, judge kavanaugh should not be allowed anywhere near our nation's highest bench. but they would have been opposed to anybody. there is no one he would have selected. by the way i'm convinced that if the president gave everyone $5 million, the left would still

oppose him.ed this is going to be a fascinating time. it basically dick durbin said to every red state democrat, claire mccaskill, joe manchin, heidi heitkamp, bill nelson, all these people. we want you to commit political suicide. >> it's more important to stop the presidents court court nominee than worry about the midterm election. tell that to joe mansion, in west virginia. donald trump. that state by 41 points. a couple quick points. the left will oppose this nomination and come out hard to come up they already are. i know father ensler who was mentioned, that judge kavanaugh mentioned. he's someone with a beautiful family and he works with father to feed the homeless.. by the way he noted that he wasm hired to teach at harvard law school by elena kagan who is one

of the most liberal supreme court justices we've ever seen. strong catholic faith, he's feeding the homeless, hired by elena kagan, a liberal justice to teach at harvard law. number two, this president likes people, nominee is out of cast. he said to get me mad dog mattis. he didn't like tiller's and at first, get me mike pompeo. he's my vision of the secretary of state. he teaches at harvard, yale and georgetown, central casting will be very hard to beat. final point, the president has been telling people in recent days that amy coney barrett is not out of the running. she's 46, kavanaugh is 53. give her a few years on the bench. >> i had somebody quote him as saying, she's next. >> she will be next. they anticipate inside this white house they have at least one or two more picks before he is done as president. >> you mean in six years from

now? >> shawn, i'm a reporter and you are an anchor. i won't ask you that question. we will see whether it's three more years or six or seven. >> great reporting tonight. we will be joined by jay sekulow in just a few minutes. it's official, the president has nominated brett kavanaugh to the supreme court. this is the second time that the judge had or had an opportunity to send the judge to the highest court in the land. this is a lifetime position and a move that will shake the makeup of the u.s. supreme court for decades and generations to come. all throughout the night we will analyze the background, dude judicial philosophy, which is so important, of judge of brett kavanaugh, and we will show you all the ways predictably that the democrats will try to obstruct. once again, the president's constitutional duty. they will start, and it's already started. the smearing, besmirching and

fearmongering of judge kavanaugh. you heard him in his own words tonight.. we have over 300 opinions he has written and he's considered a brilliant judicial mind. also tonight we have the biased, corrupt, and i trump fbi agent peter strzok. this is one of the busiest news weeks we will have. strzok testified thursday and also lisa page behind closed doors on wednesday. the president heads to brussels and london, and of course helsinki to meet with vladimir putin. we will be in all three locations and covering all of that for you. this will be one of the busiest news cycles in years so stay tuned. but first, tonight's breakingta news, a new supreme court justice nominee. monologue is straight ahead. i talked to jay sekulow, the president's chief console and

besides making a call, a president to send american troops into harm's way, that is the most important decision in a sitting president can make. president trump has selected a nominee for the u.s. supreme court. just moments ago, the president picked judge brett kavanaugh to replace anthony kennedy. this was not a surprise. in an unprecedented move, judge kavanaugh was selected from a previously released list of 25 originalist justices, making that one more example of why this president is most transparent president in history and also keeping a clear promise to the american people. clearly this was not a decision the president took lightly.ec there are political aspects to this and he had to thread a political needle. and on the other side, senator paul cruz of texas and senator rand paul of kentucky.

he picked a judge with a very narrow margin in the u.s. senate who could also successfully maneuver through confirmation hearing and garner the votes from a majority of senators. without a doubt, justice kavanaugh is an extremely good candidate. educated at yield, and he served as an associate counsel to camstar, of course during the investigation into bill clinton at that time. he did push an opinion that bill clinton had in fact obstructed justice by sometimes making false public statements or sending surrogates out to doo such about star's investigation. he did change course in a piece where he talked about that in 2009 and he publicly changed his opinion on the issue of obstruction in what was a very powerful article about the minnesota law review. in 2006 he was appointed by george w. bush to serve on the u.s. court of appeals for the

d.c. circuit, where he amassed a lengthy record of very key important decisions considering one of the most important courts of the land including multiple opinions i can see over of then president obama's epa. other opinions which in fact bolstered our second amendment rights. one point of concern was his mixed track record on one issue, obamacare. but after years on the d.c. court of appeals, what is his originalist and constitutional's track record is fairly extensive and fairly robust.s and oh by the way to all of you never-trumpers out there, you tried so hard to prevent the presidency. are you happy at all? are you happy about tax cuts, promises made and promises kept? are you happy this was not hillary clinton tonight appointing a judicial activist or a left-wing activist to the supreme court?

are you happy you don't have too radical justices on the supreme court? would you rather have hillary rodham clinton making this decision?pr it's also important to reveal the extreme measures that the left in america will take in order to besmirch the reputation of judge kavanaugh and also his family that you saw tonight. it's a story as old as time, for decades, every single solitary nomination to the u.s. supreme court by a republican president has been met with the same destructive tactics froms. the democratic party. regardless of who was nominated, regardless of what their qualifications, regardless of their track record, even an, adherence to the u.s. constitution, the foundation of our laws in this, of course, republic that we live in, a constitutional republic. if you have the left and then their friends in the media always conducting what was a malicious campaign to impugn the character of good people, the track record of good people. frankly anybody that president trump would have nominated to the supreme court.

the language gets downright apocalyptic and at this time is no different. let's just go back, let's take a look at how the left was treating president trump's nomination before the announcement tonight. it is really bordering on. insanity. watch this. >> you just have to remember how extensive the conservative agenda is here for the supreme court. it's not just rolling back abortion rights, it's not just rolling back gay rights, it's not just eliminating affirmative action. it's not just expanding the death penalty. >> i never recall a previous president outsourcing at least the initial selection process to an outside interest groups the way that this president has for the federalist society. >> a woman's freedom to make sensitive health care decisions in the balance with this nominee.

it is near impossible to imagine that president trump would select a nominee who is hostile to our health care law, and health care for millions and millions of americans. who is in hostile to a woman's freedom to make her own health care decisions. >> for the president, it's going to be all about the personal connection, who he feels comfortable with in the moment. >> so you are saying he's going to pick the white man. >> as rem once put it, it's theo end of the world as we know it. >> i've never seen the president of the united states in effect to make himself a puppet of the outside groups and choose from a group of right wing fringe ideologues. >> i frankly don't even think we should be considering this nominee. >> sean: none of this rhetoric is surprising or new. one of the most notable campaigns of the democrats took place in the 1980s during ronald reagan's nomination nomination of a federals to the supreme court.

his name was judge robert bork, and he was never confirmed in large part because of what wassu lying and fearmongering and frankly, smearing, by people such as senator ted chappaquiddick kennedy. you may remember this, take aat look. robert bork 'america is ame land where b american women will be forced into back alley abortions. blacks will sit at segregated lunch counters. rogue police could break down doors and midnight raids. schoolchildren could not be taught about evolution. >> what the democrats did to judge robert bork was so egregious that it inspired a new term called bork-anger. and bork was in full play during the confirmation of now supreme court justice clarence

thomas. by the way one of the best justices i think we have ever had on the court and in our lifetime. ama back in 1991 democrats rolled out a former colleague, anita hill to make allegations against him and it became so nasty that justice thomas called it a "high-tech lynching." watch this. >> this is a circus, it's a national disgrace. and from my standpoint, as a black american, as far as i am concerned, it is a high-tech lynching for uppity blacks who in any way deign to think for themselves or do for themselves, to have different ideas. it is a message that unless you cow town to an old order, this is what will happen to you. you will be lynched, destroyed, caricatured by a committee of the u.s. senate rather than hung from a tree. >> sean: it has already begun right now, by democrats, to judge kavanaugh and to his family. as we speak, it didn't matter

who the president would have picked. and by the way, if you ever want to read a fantastic book, "my grandfather's son," it was written by justice thomas and is an amazing story.s as we speak, you have this all out effort to bork judge kavanaugh. believes in infidelity to the constitution, separation of powers and interprets u.s. law based on a clear and rentings intent of our founders and the clear and written law, as written by a separate branch of government. in other words, the legislative branch. and values and daily build rights in our constitution. above all else, someone who believes in these very important constitutional principles. separation of powers and coequal branches of government. instead the left, they prefer hillary's choices. activists, people who will

legislate at the bench. people who will not go as far as to not rely on the constitution but even use international law to justify their activist decisions, superseding our own constitution. activist justices often creating law instead of interpreting the law andus interpreting the constitution. given the democratic friends, perfect cover for having to vote on many controversial left-wing issues that they would never get at the ballot box or legislatively.su now because judge kavanaugh is not just us at ruthn bader ginsburg or justice sotomayor or. get ready, all tight and buckle up. democrats are about to tell you, as they have been saying for ten years now, the sky is going to fall. the world as you know it is going to end. and they want you to believe. they will lie to you. they want you to believe that judge kavanaugh is going to lead, okay, just like

republicans. the dirty air, the dirty water, the rise of, let's see -- racism, sexism, massage andism. and america will cease to exist as we know it. my advice to the american people, they are going to lie to you, that's what they do. you have to listen to her own heart and mind and do your ownt research. we will present as much information as we can on this program. the democrats try to lie for political gain and as always, and originalists, a constitutionalist, an appointment such as this to the supreme court strengthens the foundation of this country, the original intent of our founders and our framers. the world is not coming to an end, just as it did not come to an end after the successful appointment of clarence thomas, sam alito, or neil gorsuch. we will have much more analysis coming up in the show. but now let's turn to the deep state. two stories that will blow your mind. trump hating lawyer lisa page has officially been subpoenaed and will appear before a

closed-door congressional hearing this wednesday. and by the way, after the day is a legal hedging, lisa page's one-time boyfriend, disgraced fbi agent peter strzok will testify. he will get to see it before the house judiciary and oversight committees live on fox on thursday. it will be public and it will be explosive. he is a high ranking agent at the center of this effort to clear hillary clinton of all e charges, all while opening up a subsequent witch hunt into donald trump and so-called trump-russia collusion. so he will be forced to answer for his extreme bias and more importantly for us to answer questions about the cultural of the fbi and what role political prejudice played in the fbi decisions in 2016 and beyond. one other note, the show is hitting the road it later this week to cover all the breakingot developments with the president's trip to brussels, c london and of course helsinki, and of course important negotiations with nato and meeting vladimir putin. first let's check in with theit

american center for law and justice and counsel to the president, and one great attorney. jay sekulow is with us. i want to redo something very quick and i don't want to take your time, we have very little time. the president and his appointee took our time. but i want to read this to you. this was from 2,006 by judge kavanaugh. he said, it was a conference at george mason law school. he said it, justice scalia, what did he stand for as a judge? it's not complicated but profound and worth repeating. the judge's job is to interpret the law, not to make law or make policy. read the words of the statute as as written. read the text of the constitution as written mindfully of history and tradition. don't make up new constitutional rights that are not in the text of the constitution. don't shy away from enforcing

constitutional rights that are in the text of the constitution. changing the constitution ist fr an amendment process and changing, by the way, policy within constitutional balance is for the legislative branch. remember, the structure of the constitution, separation of powers and federalism are not mere matters of etiquette and architecture, but are at least as essential to protecting individual liberty as the individual rights guaranteed in that text. for a member, courts have a crucial critical role when a party has standing enforcing the separation of powers and federalism limits. simple, but profound. then he went on to talk about the ten principles. as he says, separation of

powers. the system is to be an umpire as a judge and it means to follow the law, not remake the law and be impartial about how we go about doing that. a good umpire should not be making up the strike zone is he or she goes along and judges likewise should not make up the rules as they go along. we see this as a statutory interpretation. a good judge sticks to the established techs and tannins that help guide us and interpreting ambiguous texts. a >> brett kavanaugh is a brilliant lawyer. judge kavanaugh continues to be a brilliant judge and he will be a brilliant justice of the supreme court. i have had the privilege of litigating cases through the supreme court for three decades including the time that anthony kennedy was on the bench until his retirement. i have known brett kavanaugh in both private practice on cases and as a judge. the president has just nominated not only a well-qualified and brilliant jurist, but someone as you just said it, that understands the

role of the judge. that's critical.l. if you understand the constitution and the three branches of government, but you also understand the role of the judge. brett kavanaugh has live that out in his life both in practice and as a judge and he will be an excellent addition to the supreme court. you heard it tonight in his brief statements that brett made. the fact of the matter is, they will come after him, because that's what they do. they won't lay a glove on him. this guy has been ready for this moment for a long time.nt he's not only well-trained and brilliant but also someone thatn understands his role as a textual list, with the constitution because of him. he's not coming with preconceived notions but he's also had 300 opinions, made lots of decisions. so i'm very optimistic. >> sean: a lot of times, the conservatives that i know most worry, it seems as if democratic presidents never make a mistake, they always get a judicial activist that they want.pr but there've been choices by republican presidents that, because no nominee will ever

talk about specific cases that may come before the court. ruth bader ginsburg famously said that. so i ask you, your confidence in him, and what i read to you about regionalism, constitutionalism, separation of powers, coequal branches. how confident on a scale of 1-100 are you that this is his p real judicial philosophy. >> i've known brett for 17 or 18 years, almost 20 years now. i know his judicial philosophy. any judge is -- if they are doing their job correctly will not prejudge the outcome of a case that is likely to come before them. and judge ginsburg was right when she said, he shouldn't be answering those questions. what they want to know as a nominee is where they stand on the constitution and in their role as judge and he understands what role he has under article three of the united states constitution. justice scalia said, a good judge will sometimes comes to a

conclusion although he doesn't agree with the result, understands the application and is required to follow the law. what's the role of the judge? follow the law. >> he actually added to that, what the law demands regardless of his personal view. very powerful statement by judge scalia. jay sekulow, good to see you on this historic night in manyht ways. joining us now, fox news contributor of andy mccarthy, and the author of, "players, leakers and liberals." good friend of the program and gracious to fill in last week, judge jeanine's shapiro. democratic presidents never get it wrong, they always get the judicial activists. there is, i think -- i loved

what i read, the words of judge kavanaugh, and i loved what i heard tonight. but there is always the fear that the originalist's in words only and it doesn't come out? >> you know, i'm not worried about that. here's a judge was 12 years on the bench, 300 opinions. he's very clear on what he thinks, and you know what's amazing about the left rightpi now? for some reason they think that the united states supreme court is not about the constitution but instead, you know, they see it as a political court, where they are overreaching, or they are activist judges should be able to make the law that they think it should be. the amazing part of all this is, most americans don't know the names of more than one or two k supreme court justices, and yet, they are ready to go all out. >> sean: there is a video out, it is pretty funny. people are saying, what do you

think the president supreme court nominee?om will he hadn't picked him yet. nina totenberg who we remember from bill clinton, her famous comment said, "this is the end of the world as we know it." before he even made the choice. >> 12 years ago he was confirmed by a margin of 21 in the senate. it was 57-37. he's confirmed by a multiple margin and he has been just about the most influential appellate judge in the united states, repeatedly affirmed by the supreme court. now they are going to tell us he's unacceptable? >> harvard, yale, georgetown professor, as credentials are impeccable. i find it interesting, he actually argued before the supreme court but 11 supreme court decisions endorsed his views, which is a pretty remarkable rate. and now we have 300 cases. when we go back to the one case that keeps coming up, it's a

fact that on obamacare he was willing to thread the needle and allowed to be viewed as a tax even though it was sold to the american people very differently and that would allow the constitutionality of it. >> the great thing is he doesn't forget who the sovereign is. and >> sean: explain what that means. >> he wants the market people to be able to rule themselves rather than be ruled by the court, and that's a result. he's trying to decide cases on a narrow ground is to leave more space for democratic choice which is what we want in a judge. >> sean: i agree. that's so interesting because the president was very clear, more than any other presidential candidate in our history. he kept his promise about jerusalem, about taxes, about the iranian deal. he's going to build a wall which is actually in construction in some places. and he gave us the names.

>> ahead of time. but you know, i have to tell you when i was watching him tonight, we know he has the credentials. we know that he's smart, he's got the experience. he's got it all, he's got the family. but i liked him. he coaches basketball, he does all kinds of food pantries, he's like your next door neighbor but he's brilliant. >> sean: take a look at that family. they will smear this man and that family. he's had 300 decisions, and i like the fact that we can dignd deep into his judicial philosophical mind. >> it's all there right before you. and you know what else i like about him? >> sean: i watched your monologue, you scare met sometimes. [laughs] >> he runs marathons. he was a pit bull when he was working with ken starr.e, he's a tough guy but a soft guy, is perfect. >> sean: he also changed our review and the minnesota law review in 2009 which i thought

was a sign of growth, but i think when he was in his late 20s and early 30s. great to see you, congrats on the book and welcome aboard to the channel.l. when we come back, dr. borgata and gregg jarrett, we will get there input on the supreme court justice brett kavanaugh. straight ahead, on hannity. -looks great, honey. -right?

sometimes you need an expert. i got it. and sometimes those experts need experts. on it. [ crash ] and sometimes the expert the expert needed needs insurance expertise. it's all good. steve, you're covered for general liability. and, paul, we got your back with workers' comp.

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>> sean: of big news, judge kavanaugh has been nominated to the supreme court by donald trump. sarah sanders told reporters that the white house expects him to be confirmed by october 1st. joining us now, fox news contributor sebastian gorka. this book is out in two weeks. illicit scheme. r let's get your reaction and the fearmongering that has already begun. >> they lead the smear against kavanaugh years ago which called

him the republican politics which just shows how he is. it didn't work then and it won't work now. the left is already conjuring up the hysteria, claiming that this means abortion will be outlawed in america which is simply untrue. even if you overturn roe v. wade, and i doubt that happens, but if it does that means the decision reverts back to the states. >> that such an important point, by the way. new york, new jersey, 45, six, seven, eight street, states are not going to -- they may have different roles but they will be very liberal states and that does not mean that abortion will be out outlawed. let me ask a political question. again the white house, they expect him to be confirmed by october 1st leading into this very important midterm election, that does mean a couple of

things, not the least of which red state senate democrats, mansion, claire mccaskill, heidi heitkamp, bill nelson, they have a very tough decision. dick durbin is telling them, risk your entire political career. he said itt before, the nomination was even announced. >> the reaction already, greg is absolutely right, is all you need to know about cavanaugh. the fact that the dnc has already stated that this man shouldn't be anywhere close to the supreme court, the fact that chuck schumer has just announced that he will use every weapon in his arsenal to stop this nomination, it tells us -- >> sean: he said that last week before his nomination. shocker. >> it tells you this is the right man for the job but it tells you of november will be very, very tough for the democrats. i just want to make sure that the white house is listening. this will be a very important

communications with method because it will be worse than bork. i give you the prediction now, they will use every dirty trick in the book to block the nomination but we can't get it through. >> sean: i played ted kennedy. it was a disgrace to the u.s. senate. and what they did to clarence thomas was a disgrace to the u.s. senate. but, it's going to happen. i've been saying this for weeks. it's predictable and it doesn't matter who president trump would have nominated, the same smearst would have occurred. but i admire president trump. he had the courage to make the right choice, notwithstanding the fact that he could have chosen somebody that would have been an easier confirmation, but no. he made an important choice, tha right choice, a brilliant jurist, there is no question. >> i read to you about his

judicial philosophy. what did you say? >> is a text list when it comes to the constitution. no doubt 300 opinions plus, prove it. >> okay this is why i keep saying, dr. gorka, and we have less than a minute, the 2018 election is the most important in our lifetime. all of those senate seats that could change hand and become republicans, the republicansm have a very slim margin which means rand paul, ted cruz, susan collins and in that sense to the present make the right call? >> i think he did. you heard the two sentences that he made in the east room, he said, i do not believe in legislation. i believe that we interpret the law, we don't legislate it. in the constitution is to be interpreted and not amended. that tells you everything you need to know, the this is

better. >> a judge will make as many -- when you come back, let not your heart be troubled. f laura ingraham is next. >> good evening from the white house, this is laura ingraham. president trump replace the retiring justice anthony kennedy. 53-year-old of brett kavanaugh is currently a judge on the d.c. circuit court of appeals and widely regarded as the most prestigious court outside of the united states. judge cavanaugh is straight out of central casting, a judge who would have strongly been considered i think by any republican president. he is a