reporter: judge brett kavanaugh set to appear before the senate judiciary committee this week and show why he deserves a seat on the united states supreme court. welcome to "america's news headquarters," i'm like emanuel. arthel: i'm arthel neville in los angeles. this will be a true numbers game with republicans holding a razor-thin majority. kavanaugh's fate may hinge on the views of a handful of lawmakers. senate judiciary member, lindsey graham, making the case for

kavanaugh. >> a lot of people should vote for kavanaugh. if you are looking for a conservative president to pick a nominee, he's on the top of everyone's list. he's one every republican would see as the most of qualified of their generation. arthel: what are democrats trying to do to block judge kavanaugh's nomination? reporter: they are going to try. but there is not a lot they can do. republicans will need a simple majority. once senator john mccain's replacement is appointed the republicans will have 51 seats. and that's the goal for democrats. to find something in kavanaugh's past that will pressure lawmakers to vote against him.

kavanaugh's work on the starr report, his five years in the bush white house and 12 years as a federal judge. but all of those documents have been released. the national a skies says it won't be able to vote and produce all the documents until late october. senator dick durbin complained the white house isn't releasing 100,000 document claiming executive privilege. >> they are suppressing these documents. if we are lucky, we'll see 6% of all the document that could be produced to reflect on kavanaugh's true position on issues. reporter: judge kavanaugh has spent the last few days going through brutal mock hearings, just to insure he doesn't have any kind of a slip-up democrats are hoping he would have. arthel: who would you say are

the senators to keep an eye on? >> the two to watch on the republican side are susan collins and lisa murkowski. they said they would vote against the nominee who would overturn roe versus wade. on the democrat side six senators were from the states that president trump won. alabama's doug jones is another one. he's not up for reelection. those six who are expected to face a lot of pressure to support the president's nominee a little more than a month before their own reelection. arthel? arthel: high stakes, no doubt. garrett tenney, thank you.

mike: president trump calling on mueller to wrap up the investigation before the elections. >> reporter: it's labor day weekend and there was much speculation this would be the end or beginning of the end of special counsel robert mueller's special investigation. there have been reports for months that his team hopes to wrap up before the end of summer. rudy giuliani called for some end to the investigation in view of the special elections coming up. one senate republican says hopefully sooner rather than later we'll know what he, mueller, find. >> mueller will be allowed to do this job. here is what i will tell the public. i'll look long and hard about the fbi abuse of the fisa warrant and how the department of justice just really were in the tank for clinton and out to get trump early on.

>> mueller has not said when a final report will be out. senate democrats say they want to know how the president's supreme court nominee, brett kavanaugh, he starts his confirmation hearings tuesday, how he views the special counsel's work. >> there is a serious question as to whether this president given the opportunity will end the mueller investigation. something most of republicans and the overwhelming majority of americans say would be a serious mistake. we asked judge kavanaugh what do you think and he said it's handoff when it comes to his term in office. i think it' one of the reasons people have misgiving about his nomination. reporter: president trump called the investigation a rigged russia witch hunt. mike: arthel? arthel:

[♪] senator john mccain's 81 -- 81-year journey is coming to an end as the procession makes its way to his final resting place at the naval academy in annapolis. there was a memorial service yesterday at the national cathedral in washington. >> this was a treasure. to have the friendship of john mccain and lindsey graham that it was blessed to have had and continue, i say good-bye and my heart will be heavy. i will shed a tear but thank god i knew a man like john mccain so

well. arthel: lucas is live outside the naval academy with more. reporter: it's notable that senator mccain's father and grandfather, both four star admirals are buried in arlington cemetery, not annapolis. mccain instructed his family to have him buried alongside his long time class mate charles larson. larson tall and distinguished, the brigade commander. mccain known for his mischief, but had leadership qualities that did not rear rank. he would become one of the youngest admirals in u.s. history. a lot has been made about mccain

finishing fifth from the bottom out of 900. but 25% of mccain's class washed out. he wouldn't accept parole or special favors from the enemy to get him through 5 1/2 years of torture in vietnam. the ceremony yesterday at the washington national cathedral, but today's service is private. mark salter, senator lindsey graham, and general patraeus. also speaking, jack mccain a 2009 naval graduate and senator mccain's oldest son doug. the body of senator mccain is

expected to arrive at the naval academy at 1:45. we'll have live kompleg all day. mike: president trump appearing to hit back at criticism at john mccain's memorial service writing make america great again. >> john believe in honest argument and hearing other views. he understood that if we get in the habit of bending the truth to suit political expediency or party orthodoxy, our democracy will not work. >> the america of john mccain has no need to be made great again because america was always great. mike: dave, great to have you. no surprise, president trump and

senator mccain did not get along. mr. trump talked about mr. mccain, the war hero and said he likes people who were not captured. any surprise meghan mccain and others grabbed at the president. >> meghan mccain's shot and it was surprising to see applause. president bush and obama were critiquing the politics of trump. obama referred to politics buy fear. they didn't refer particularly to trump. but they compared the kind of politics mccain practiced and the kind the president practices. >> she is her father's daughter. if you say something bad about

her dad, you will know it, whether he's the janitor or the president of the united states. she is grieving for the father she adored. i think most of americans understand that and i'm proud of the young lady she has become. mike: does it end there? >> i recommend people watch the entirety of the eulogy in were touching moments that had nothing to do with politics. this was a beautiful speech, a beautiful tribute. she did obviously decide to take that one shot at president trump and that's something people will remember. she is on television, she is a public figure. i am sure that my color the way certain support ishes of president trump view her going forward. but it wasn't the central theme of her speech. mike: the president's daughter and son-in-law jared kushner were at the service.

>> bomb past and insult, phoney controversies. and manufactured outrage. it's a politics that pretends to be brave and tough but in fact is born of fear. mike: then the 43rd president george w. bush made reference to immigration. >> he loved freedom. with a passion of a man who knew. he respected the dignity inherent in every life. a dignity that does not stop at borders and cannot be erased by dictators. mike: do you think those comments made jared and ivanka and other white house officials uncomfortable? >> i would be surprised if they were surprised by the comments.

john kelly and john bolton were also in attendance. these are not people who were supporters of president trump, i'm talking about presidents obama and bush. they weren't going to celebrate the alliance with president trump. what they were going to do was honor the service of john mccain. mike: some people get very turned off when watching sports and politics enters into it. might you imagine mr. might be some people who support president trump who save they wanted to watch the funeral of an american hero but didn't want all the jabs at the president. >> the speeches were always going to touch on politics. it's very, very difficult in the current climate to discuss politics without it seeming like a commentary on the current

president. president trump looms so large over our political discourse currently that it was always going to be interpreted that way. i do think these presidents with were intentional in the veiled shots they took sat trump. i can see pushback from people who might honor john mccain's service. it would be difficult to give a eulogy where president trump is obviously not present. mike: we have seen bipartisan praise for john mccain. bipartisan former president speaking, his former political opponent. any chance mccain's passing will lead to some attempts at working in a bipartisan way? >> no, i don't think. just because we had several of these moments that brought us together as a country the last couple of years. we mad this question discussed.

i was asked this question at different moamentds, mass shootings. and it lasted, it has been momentary and gone back to the divisive brand of politics. i would love to say something more optimistic. but i don't see it happening that way. mike: dave lawler thanks very much. arthel: the accusations of putting process over safety. the owners of the missouri duck boat that sank and killed 17 people in july is facing legal action from the state. judge brett kavanaugh faces a fierce confirmation battle in the senate. more on what we can expect from those two big hearings coming up next. you i have known brett kavanaugh for a long time. he was an inspired choice. he is a man who has a lot of

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so that you'll remember it. i decided that i wanted to go for electrical engineering and you need to go to college for that. if i didn't have internet in the home i would have to give up more time with my kids. which is the main reason i left the military. everybody wants more for their kids, but i feel like with my kids, they measurably get more than i ever got. and i get to do that. i get to provide that for them. mike: a suspected ms-13 gang member is facing charges after police say he raped a child. they say he broke into the second floor bedroom of a sleeping 11-year-old girl in brooklyn and raped her.

police say he then fled the scene through the window as the girl cried for help. the 18-year-old alleged attacker is facing charges of rape, burglary and sexual abuse. police say they believe he's an ms-13 gang member from el salvador. arthel: just days before supreme court nominee brett kavanaugh's confirmation hearings get under way the white house says it will with hold 100,000 pages of white house records. chuck schumer said we are witnessing a friday night document massacre. president trump hiding judge kavanaugh's records from the american. you is unprecedented and has all

the makings of a cover-up. so i want to go here, the it would house is citing executive privilege to with hold the 100,000 pages. how does that fit juxtaposed to president george w. bush, advising his attorneys to release kavanaugh's documents and err on the side of transparency and disclosure. >> this is exactly the process that the executive order president obama come 10 plates for presidential records it's exactly the way it's to proceed with the former president doing the initial review and the

current president make the call. contrary to schumers's outrageous rhetoric, this is not unprecedented. the same thing happened on john roberts record and senator schumer protested that. on elena kagan they are documents were never obtained. and senate documents never produced the documents from her time working as a special staffer working for senator biden. everyone recognizes that there are privileged document that need to be carefully reviewed and can't just be made public. and senator schumer is playing games, trying to bamboozle the american people because democrats have no case against

this nominee. they will require wanted to hear for a moment. to your point you are saying president trump gets the final edit. but there are still questions as to what could be in those 100,000 pages and why would a white house want to keep certain information from the public. and if there are no ethics violations, could there be a perception problem? >> there has never been a practice for the senate to demand everything in a nominee's governmental records. you have had supreme court companies who had long years as judges. no one demands internal case files. the senate did not obtain elena kagan's documents for her years with the attorney general. democrats are concocting new standard for this nominee that makes no sense and would be

obstructive' of deliberations in government. arthel: amongst the democrats and trump, people who don't support the president, figuring kavanaugh's past history on executive privilege, saying a president should not be subject to criminal or civil litigation while he sits in office. perhaps might that be the concern they are possible any trying to redact from the record? >> i think you are overstating what judge kavanaugh said. arthel: clear up the record then, please. >> the position that a sitting president should not be criminally indicted and instead the process should be invoked is one of impeachment is a conventional position that as harvard law professor held up,

if it's -- it's ludicrous. arthel: you understand the only reason it's such a point of contention is only because at one point as you well know, judge kavanaugh was instrumental in writing the legal papers to have president clinton impeached, and in 2009 he wrote for the law review changing his position to that which i just stated, saying he doesn't think a sitting president should be subject to such legal liability. >> who would be the immediate beneficiary of his change of view? barack obama. the democrats made scorched earth demands to obstruct and delay this nomination and claim when their unreasonable demand isn't met, people must be hiding something. if democrats wanted to make

targeted requests for specific documents, senator grassley would have accommodated those requests. don't be suckered by the game being played here. arthel: based on what you are tilling me now, do you believe the system of choosing, nominating and confirming supreme court justices is still on track following the necessary guidelines or has this process been guide and tainted too much by politics? >> the process is inherently a political one. it's impossible to remove it from politics. i think the process is never going to be perfect. you have a judicial nominee, supreme court nominee with 12 years of judicial record. hundreds of opinions. and the idea that democrats wrathered than addressing his record are going to complain

about some documents that aren't being produced i think shows you they have no case against him. arthel: we'll leave it right there. ed whelan, thank you very much. stay with us at fox news channel all week as the senate begins confirmation hearings for judge kavanaugh. mike: the white house counsel is leaving the administration. why now? and what does the departure mean for the russia probe? our next guest, the deputy assistant attorney general shares his thoughts. the president renews his attacks on canada over trade. president trump: canada is ripping us off. the whole world is ripping us off. pen to sign up for new insurance instead? for drivers with accident forgiveness, liberty mutual won't raise their rates

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nafta, threatening to leave our neighbors to the north out of a revised agreement with mexico. that's if they don't agree to his terms. the u.s. and canada are set to resume trade talks later this year. here's lee zellden earlier on sunday morning futures. >> the president feels good about the deal that was cut with mexico and it feels like he is, and he is in a good position negotiating with canada with really important goals. i would fall under the side of being able to enter into a deal that includes canada the united states and canada, that trade relationship is vitale important. arthel: let's go to allison barber live at the white house with more. hi, allison. >> reporter: the u.s. reached an agreement with mexico but not with canada. as you alluded to, president trump says that canada is not a political necessity when it comes to nafta. he warned congress not to interfere. he says nafta was one of the

worst trade deals and it hurt american workers. the president of the nation's largest federation of unions agrees with mr. trump, at least in part. but he says the nafta deal needs to include canada. >> the three countries in north america, the economy's pretty inintegrated. it's pretty hard to see how that would work without having canada in the deal. there's a lot of work to be done, even on the mexican deal, because the language isn't drafted. we haven't seen whole chapters of the thing. we're anxious to move forward with it and anxious to have all three countries involved because nafta has had a devastating effect on the working people of this country for the last 25 years. arthel.>> our starting point waa place where canada and the u.s. were quite far apart in their proposal but what we found is negotiation on is canada and the

united states shared a concern for our workers in the car sector. >> reporter: the u.s. and canada missed the deadline for a deal on friday. as you just heard from canada's trade representative, she did seem to suggest that the u.s. trade representative and their team were working in good faith despite leaked comments that came from president trump where canadian and u.s. officials reportedly -- canadian officials reportedly confronted u.s. officials at a high level meeting on friday. some sticking points for canada in regards to the nafta negotiations have to do with concerns regarding requirements that could impact drug prices, sticking points that still remain for the u.s. which we've heard quite a lot our self from president trump are those dairy tariffs, the president has made clear he doesn't like canada's dairy tariffs. that's something they want to rework. the negotiations are set to restart this week. arresarthel.

arthel: that's something the prime minister says no go on our dairy system. we'll see what happens. thank you, allison. mike. mike: white house counsel don mcgahn will leave the trump administration later this year, the announcement comes after news broke that mcgahn set for some 30 hours of interviews in the robert mueller russia investigation. the president made it official in a tweet last week, quote, white house counsel don mcgahn will leave his position in the fall, shortly after the confirmation hopefully of judge brett kavanaugh in the united states supreme court. i worked with dan for a long time and truly appreciate his service. john malcolm is at the heritage foundation, also a former deputy assistant attorney general. great to have you. >> good to be with you. mike: how much do you assess the lengthy interviews don mcgahn with special counsel mueller played into the president announcing his expected departure on twitter? >> i'm not sure there was any connection. don mcgahn, it's an exhausting job being white house counsel.

of course, he was his counsel during the campaign as well which also have to have been exhausting. he's been an outstanding white house counsel, giving political and legal advice to the president. what he's done on judges is spec tack spectacular. he is the lawyer for the office of the president, he's not the president's personal lawyer. his conversations with the president clearly could be subject to executive privilege, depending on what they discussed. i'm sure when he went in with his discussions with special counsel he did it in consultation with the president and the president's personal lawyers. the mueller investigation is ongoing. i don't see it wrapping up any time soon. i'm not sure there was a connection between the two. surely whatever don mcgahn was going to share with the special counsel, he has shared with the president and his legal team. mike: we knew mcgahn was planning to leave, the white house team had been reporting it for some time.

the abrupt tweet seemed to take a lot of people, including mcgahn, by surprise when it comes to this very senior position of white house counsel. is that right? >> i don't know whether he had a heads up or not. i read the same reports you have. this president certainly likes to tweet in the dead of night and sometimes surprises come out of those tweets. i don't think there was any secret that don mcgahn was preparing to leave. he has decided for good and sufficient reasons to stick it out through the confirmation of brett kavanaugh. he will have two supreme court justices under his belt, outstanding nominees both of them, and so whether he was surprised or not i don't know, but i don't think anyone else was particularly surprised that don mcgahn wants to return to private sector and perhaps have a better life work balance. mike: with mcgahn gone, when he's gone, does that remove the guardrails in terms of the president's dealing with the justice department and the mueller probe? >> well, there will be another white house counsel, whoever that is, who will give advice to the president. the president is the person who

has a constitutional duty to take care the laws be faithfully executed. he could still and still could fire jeff sessions if that's what he wanted to do. he obviously received some political advice, whatever that was from don mcgahn and acted in accordance with it. whether that will change with the new white house counsel remains to be seen. mike: you worked in the justice department. >> i did. mike: how big of a loss is this to the white house? i know it's a really tough job but how big of a loss is this to the white house and also to the president personally? >> well, don mcgahn has done an outstanding job and knows the president well. he has served ably. but i have no doubt that the president will replace him with somebody whom he trusts. so the rumor at the moment is that emmett flood may be that person. he's the president's personal lawyer. by all accounts they have a good relationship. there are other people i'm sure who will also have the president's confidence, who will be considered for the job.

mike: some folks on capitol hill like chuck grassley are unhappy about mcgahn's departure, probably because of the work on those judges, right? >> that could be. it could also be he's a reassuring voice in terms of maintaining a buffer of some kind between the president and the justice department and perhaps they're fearful that moment tule will stop. but i'm not -- that momentum will stop. but i'm not sure that will stop. mike: thank you for your time and expertise. arthel: a slain north carolina family laid to rest two weeks after their bodies were found on the property of a colorado oil company. how family and friends paid their respects. plus, the owner and operator of the duck boat that capsized in july, killing 17 passengers is facing a new lawsuit. what the missouri attorney general is claiming the company did that led to that tragic accident. ment.

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mike: funeral services held this weekend for a pregnant mother panned two daughters who were reported missing in mid-august. mourners packed the church yesterday as shannon watts and her daughters and her unborn son were laid to rest. their bodies were found on the property of a colorado oil company where shannon watts' husband, christopher, used to work. he's now facing five counts of murder in their deaths. arthel: more legal trouble for the missouri duck boat company in july's deadly sinking. the state's attorney general, josh holly, filed a lawsuit against the company, alleging the owner and operator ignored weather warnings to avoid giving refunds. the boat sank in a missouri lake during severe weather, killing 17 passengers. in a statement, the attorney general added, quote, my hope is that this lawsuit will ensure

that the unsafe duck boats and companies who put profits ahead of safety will not continue to operate. robert bianch is a criminal defense attorney, and a attorney. lots of questions for you. first of all, why did the state's attorney general file the lawsuit and what route will prosecution take and if possible -- is it possible for prosecutors to ask for too much in terms of penalty and payout? >> arthel, you've got two things going on with a case like this. the first are the civil ramifications and then the criminal law ramifications. the attorney general doesn't have jurisdictions over the criminal law because it's maritime and the u.s. attorney's office is currently investigating the potential criminal violations. the attorney general here filed a civil suit under a false or fraudulent and deceptive practices. he made a statement there were decades of problems and safety violations with respect to this company, that the owners knew or should have known, that they

went out there when winds were reported just a half hour before being in excess of what was allowable as well as the wake that was two feet as opposed to three feet and essentially 35-mile-an-hour when it was predicted a half hour it would be 60 miles an hour on that lake. so he's basically saying that they fraudulently misrepresented to people that safety is there number one priority, they violated that and he's holding them accountable under the civil law. i think it's an excellent thing to do we need to go a step further with these companies and there needs to be criminal prosecution. arthel: what's the likelihood of that? >> i think it's very likely, given the facts that are known here that these people went out there with a weather advisory and weather conditions that are past what they're supposed to be doing. the fact that they didn't have proper safety jackets there. the bottom line was, if you are negligent under maritime law, not even reckless or if you commit an act of misconduct, certainly the captain and pilot

will be responsible for the violations of that. it goes beyond negligently jens. these companies' bosses, ceos, cfos were making a lot of money and are aware of repeated safety violations, cannot do a hear no evil, see no evil, speak no evil, blame the captain. this needs to go up to the top. arthel: i agree with you and that was one of the questions i wanted to ask you. listen, the owner and hope oper, ripley entertainment revenues estimated between $34 million and $54 million a year. they've got 225 employees. so again, the owner and operator, branson duck vehicles and ripley entertainment, i want to know what's their legal liability and can any individuals from that company be held negligent, if they can face criminal charges and be held for negligent operations, and i want

to know do companies like this, bob, do they have this limited liability in place to where their damages are capped? >> well, no, they don't. they have insurance policies that are usually typically pretty good so they can pay out. if not, they can be sued personally. most of these companies make sure they protect themselves from any kind of lawsuit. so arthel, you asked two questions. one, civil. if you run a company, you are responsible for the safety and well-being and making sure the proper protocols, procedures and policies are followed. if you don't do that and somebody acts negligently, especially the a.g. indicating there had been decades of violations, well then you're going to be responsible on the civil end of that. on the criminal end, as a pros prosecutor i can tell you when i prosecuted companies, if you had knowledge of the fact that protocols and policies were not being followed routinely and/or if these people say, which happens with many companies that were forced to go out under bad conditions because it's about the bottom line, then they could

be held criminally responsible. arthel: okay. and finally, you know, bob, that the suit claims the boat owners and operator, branson duck vehicles and ripley entertainment, they had, quote, decades of ongoing safety hazards that posed a present and deadly danger to everyone who boarded a duck boat. now, here's a question, though. shouldn't they have been required to pass periodic safety tests and who would have been responsible for conducting those safety tests and enforcing compliance? >> that's funny you ask that. i was saying the same thing. what government jurisdiction is there that should be monitoring if there's decades worth of violations, it would subject that people were aware of this ahead of time. that doesn't necessarily let the owner off the hook, criminally or civilly or anybody underneath him. you have to wonder what governmentalen at thigovernmente

of this did not cite or sanction or shut them down. in my experience, sorry to say as a prosecutor for many years, running an agency, sometimes people are kind of in bed with one another, they're friends with one another, they contribute to campaigns, there's violations and slaps on the wrist. arthel: that's unfortunate. very unfortunate. bob, thank you very much. right now, we would like to read the names of the 17 people who died in that accident. nine people from the cole man family were killed, irvin, horace, belinda, angela, max and glen, glen's three young children, res, evan and aria also died. tia coalman and her teenage nephew, donovan hall are the only family members on the boat survived. five others who died are bob williams, bill asher, rosemarie hammond and william and janice bright. three others were killed, illinois resident leslie

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mike: fox news alert on two misses children. police in phoenix issuing an amber alert for an 8-year-old

and his 5-year-old brother. the two are believed to be with their father after the boys' mother was found shot to death in the family home. jeff pole is live in the west coast newsroom with the late e. hi, jeff. >> reporter: hi, mike. we just confirmed new information that the mother who died was pregnant which now makes this a triple murder. police got the call early saturday, shortly after the mother returned home from work. investigators discovered her shot inside her home. the roommate was dead but no sign of the mother's two boys. they're looking for the 5 and 8-year-old as well as their biological father. that man, 47-year-old demos cor cornodo. the pickup truck was found six blocks from the scene but no sign of cornodo or his children. >> anythingis possible at this point. we're not ruling anything out right now. there has been documented

reports of domestic issues here between the couple at this location in the past. >> reporter: this is a description of the vehicle authorities are searching for, an aqua green ford truck with a white camper shell with a mexican license plate zud7164. police say he is a mexican national. his immigration status is unknown. they're worried he is headed to the border and consider him armed and dangerous. they had been married for nine years but had become estranged recently. mike: that does it for us. we'll be back at 4:00 eastern. arthel: more now from washington. feel the clarity of non-drowsy claritin and relief from

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leland: president trump tweeting on jobs and trade all weekend as canada debates joining the u.s. and mexico on a new nafta deal. what it all means for your pocketbook and the midterms. gillian: the attorney for president trump's former lawyer, michael cohen, talks to fox news. we'll hear from lanny davis who once served as special counsel to president clinton. >> when michael cohen came to me, it took me quite a while to listen to him as to why he had changed his mind about donald trump and i took on the representation because he was ready to speak what he felt about donald trump. leland: senat