>> all eyes will be on capitol hill tomorrow for brett kavanaugh's first confirmation hearing for the u.s. supreme court. happy labor day to everybody joining us this afternoon, and welcome to america's news headquarters. >> good to be with you on this labor day. a senate panel is set to take a deep dive into the career of president trump's supreme court nominee as democrats complain about the amount of relevant documents that have been withheld. peter doocy's life this afternoon from capitol hill, high peter. >> republicans are so confident in kavanaugh's qualifications, they think he is going to easily head off any attempt at a gotcha question this week. the hearings are going to be

read by the judiciary committee chairman chuck grassley, and one member of the majority believes a certain kind of democrat might try to take advantage of the extra eyeballs on the hearing. >> senator grassley has been very fair. more given to anybody in the supreme court. we are going to have it here and, there's no drama. the only dramas those running for president and how will they handle this hearing on the democratic side. were going to get this man confirmed. >> the potential 20/ 2020 conts are kemal harris, cory booker, and amy klobuchar. dick durbin is on it too, and he's complaining that even though democrats have seen hundreds of thousands of documents about kavanaugh, there are still hundreds of thousands of documents out there. >> the assertion of executive privilege by the white house to take a hundred thousand documents and save the american people will not get a chance to see them as the first time in

history. this denial of access to documents violates a rule that we thought it was the tradition of the senate under senator sessions and senator lahey, time and again, when it came to obama nominees. they are suppressing these documents. >> democrats have been pushing to delay the kavanaugh confirmation hearing until they saw more documents, but republicans ignored their request and they are said to to gavel in that tomorrow morning, 9:30, and the heart senate office building. >> that was never going to happen. peter doocy come alive at the white house. peter, thanks. >> meanwhile, amid the ongoing mueller investigation, the call for impeachment of president trump continues from some democrats, should they win control of the midterms. obama defense secretary leon panetta is saying democrats should wait. >> i think the most important thing that the democrats could do is to allow bob mueller to complete his work. i think bob mueller's report will ultimately determine

whether or not there are going to be additional steps taken against the president. >> joining me now from the "washington examiner," phil wegman. philip, good to see you laboring on labor day. >> [laughs] good to see you come too. >> we are from the leon panetta, he's basically saying "chill out and wait for the process to complete itself." but we know there are many high-profile democrats that are indeed running on impeachment without being at the top of their to-do list. do you think that those democrats are putting themselves in a bit of a self-deduced problem area by getting in front of him talking about their thet itself? >> why impeachment talk is good, it's good for democrats. it's never been more motivated to go to the polls. if you start talking about impeachment, about kicking the president out of office, that gives the right another reason

to show up on election day. if you are donald trump, or you or any of these 237 republicans in the house, you have got democrats who don't stop talking about impeachment between now and november. >> certainly adding fuel. let me ask you more policy-based question. what do you think it says about? >> nancy pelosi urging them numbers not to go full maxine waters because they know that on top of the effect, they know that they don't have a ready-made case for impeachment. where are they going to impeach?

the obstruction of justice, is going to be a violation of campaign financing? they don't have their frontal assault put together for when they go forward as impeachment. if they do. right now. >> to undermine the credibility of the molar report. is it possible that that strategy as you reported, could

backfire on the white house and rudy giuliani? what if -- because none of us know what's in the report -- what if it exonerates a president? and thus you got a situation where the credibility has artie been jeopardized. >> first of all, robert mueller is the one man in washington that doesn't leak. his team has been credibly tight-lips. it's going to be fascinating to see what we finally find out when they do present their findings. i do think it's interesting that you have giuliani going out there trying to undermine the special counsel from the beginning. that much is very clear. i think that if you are a democrat you ought to just be prudent here and keep your powder dry. there is a lot of smoke around this administration. we don't know what is out there just yet, and the worst thing that democrats could do for themselves, if they do end up taking the majority in the house, is paint themselves into a corner on the campaign trail. and then come on day one, before all the evidence has been gathered and before they have an opportunity at impeachment to be

in a position where their bases demanding it. >> you are suggesting prudence from the democrats. i will ask you a final question -- do suggest that staying prudent for the white house, or do you think they should be prudent as well and wait for the mueller report, or do you think they should move forward in advance of that with this counterpart question work >> absently paid law and order is the most important thing when it comes the democratic republics. robert mueller is doing his job right now, the president took an oath to defend and uphold the u.s. constitution, and i think the prudent thing to do from the white house would say that defending and upholding the constitution by robert mueller doing his job. you've seen a lot of cooperation. a lot of cooperation on the details, but some rattling publicly from giuliani. seems like this white house needs to come up with a strategy. >> philip wegman from the "washington examiner." enjoy your day. >> thank you. >> me time, the british government warning of a "real threat" from islamic state fighters in afghanistan. the defense secretary in the

u.k. says they have direct links to cells in western europe, raising concerns with a manchester-style attack. benjamin hall's life in london this afternoon with the very latest. i, benjamin. >> hi, blake. this is the first official acknowledgment between isis and afghanistan, a potential europe in the u.k. prethe one thing that the u.s. and their allies have been working against ever since 9/11 is the abolishment. trying to abolish paris in this part of the world, they can't plot and plan against the west. nevertheless, i since have been growing stronger and afghanistan with thousands of them having moved to iraq and syria, as well as pakistan and elsewhere in the region. as opposed to the taliban in afghanistan, isis remains focused on attacks against the west. >> we are seeing the terrorist groups operating here in afghanistan evidence that it links back not just the united kingdom but to the whole of continental europe. >> it's partly because of the

start of the u.k. has now sent 400 more soldiers to afghanistan to assist, and what's clear is that, despite suffering heavy defeats in iraq and syria, isis is still planning and trying to target the rest. yesterday there was a change of nato command in the country. with a new u.s. general taking over the 41 nations to try and move the battle forward. he, too, recognize the threat. >> we recognize that afghanistan cannot be a safe haven for terrorism. the world recognizes that. >> what the u.k. for years is another attack, plan and prepared in the safety of the caliphate but carried out by terror cells in the uc dumb end. hundred believer to return. this is been taken seriously. isis being targeted in afghanistan, and their youth leader was just killed last week by youth the u.s. strike and continue to garner support there in the vacuum that has been created from all the security concerns. that seems to be one of the

growing threats, with the u.k. and u.s. security officials. >> benjamin hall come alive in london. benjamin, thanks. >> an alarming new report saying that scientists have detected a possible reason behind the bizarre and so far unexplained brain injuries suffered by u.s. diplomats and their families in cuba and china. according to "the new york times," microwave weapons might be to blame. live in washington with much more. >> the first of these materialists attacks was a coup, there trying to figure out what caused them and who is responsible. more than two dozen american diplomats suffered traumatic brain damage as a result of the tax in our embassy in cuba and at the consulate in southern china. in most of the cases, the victims reported subtle and unusual sensations of sound and pressure in several of the departments told the ap it sounded like this -- [buzzing]

investigators initially suspected a sonic attack, but some researchers now believe microwave weapons were likely used as "the new york times" reports that microwaves can trick the brain into perceiving sounds and symptoms for my grave and sonic attacks are very similar. headaches, nausea, hearing loss, and other cognitive issues. the micro theory could explain why not every victim reported hearing strange noises, and for those who did, why the sensation didn't stop when they covered their ears. so far, there have been multiple investigations, but very few answers. after the attacks on u.s. personnel in china and cuba, those governments conducted their own investigations. both turned up empty. the fbi has also been investigating the attacks are more than a year and a half now, and earlier this year the state department created an inter-agency task force to investigate. despite those efforts, the state of parma tells us it still doesn't know what caused the attacks were carried it out. this investigation is ongoing.

>> think so much. blake? >> what time of year when you've got to look toward the caribbean and the gulf. now we are watching tropical storm gordon which is bringing heavy rain and gusty winds to florida. that storm is heading for a northern gulf coast landfall tomorrow. possibly, a category one hurricane. warnings they are posted, meteorologist predicting battering waves, flash flooding, and a couple of isolated tornadoes and waterspouts could be a result as well. a hurricane watch has also been posted for coastal areas of louisiana, mississippi, alabama, and throughout florida as well. >> new information on a woman caught on video, ringing doorbells while fleeing from an allegedly abusive boyfriend. plus, the battle over president trump's supreme court nominee begins tomorrow. judge brett kavanaugh's confirmation hearing begins. our guests tell us what to expect. >> if you are looking to be republican president to pick a qualified conservative, he would

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♪ >> ebony: a texas woman now safe after escaping from an allegedly abusive boyfriend. she was caught on camera bringing doorbells in the middle of the night, wearing only a t-shirt and what appeared to be restraints on her wrists. as she later said, she made thin late-night escape from her boyfriend, dennis collins. the police found him dead from a self-inflicted gunshot wound. the woman is choosing to keep her identity private. >> blake: in the meantime, judge brett kavanaugh heads to the capitol hill tomorrow. he will be there throughout the week. tomorrow, the first day of his supreme court nomination hearings. if he is confirmed, president trump spec is likely to transform the high court for years if not years beyond that. joining me now was gail trotter, an attorney for the judicial crisis network. i would say thank you for coming in on this holiday, you might ordinarily be off. i'm guessing you are happy to be on tv to make a final pitch for

brett kavanaugh, gail. >> that's right, it's an exciting time. this is a great opportunity for americans to see what judge kavanaugh brings to the supreme court, and it's a very exciting time for all americans. >> closing argument time for people like yourself who support brett kavanaugh. according to my closing argument on him would be what question >> that's easy. he has a distinguished record of faithfully holding the constitution, and he's going to be a fair, reasonable, and independent justice. this is the opportunity of president trump to deliver on the promise that he made to the american people to put judges on the court to uphold the law and who are reasonable and can bring a lot of experience. judge kavanaugh serves on the d.c. circuit court for 12 years, and he has a wealth of experience. he is among the most qualified lawyers in the entire country to fill the vacancy. >> blake: going to be bruising day for him on capitol hill.

this is the chance for democrats to pose many questions about his record, many questions about what might have or for the court going forward. one of the issues leading into this is about kavanaugh. the white house supporters of kavanaugh back to stem from the bush 43 white house, 100,000 documents have been withheld. the white house is asserting executive privilege. democrats, though, are colliding foul on this one. the top democrat in the senate, chuck schumer, he put out this tweet on friday night to lead into the holiday weekend. "we are when the sitting friday night document massacre. they're stepping on the last minute and hiding 100,000 pages of judge kavanaugh's record from the american public. it's not only unprecedented in the history of supreme court nominations, it has all the makings of a cover-up." in a second to be, schumer said "what are they trying so desperately to hide?" gail, is there a transparency issue here? >> absently not.

chuck schumer is completely wrong. this is another attempt to distract from what an excellent justice, judge kavanaugh, will make on the supreme court. this has been the most transparent process in the history of supreme court nominations. >> blake: how so? >> there are over 500,000 documents that have been released to the judiciary committee, more than the last five supreme court nominees of the documents that were released. talking about other nominees in recent memory, elena kagan was up for nomination, none of the documents related to her time a solicitor general were released, and yet she has not had the long distinguished judgeship record that judge kavanaugh has. the documents related to her being solicitor general would have a lot more influence on what kind of legal thinking and legal philosophy she has. none of those documents were released. we see a gazillion documents that have been released, and most important link on my thing all americans understand -- the

300 opinions that judge kavanaugh grote, the dissents te wrote, and the time that they adopted his reasoning and the supreme court decision that were based on his readings, gives the american people a much better idea of judge kavanaugh's judicial philosophy. >> blake: we are starting to see a line of questioning that democrats are likely to bring out as early as tomorrow, if not most certainly at some point this week. that is going back to brett kavanaugh's time, working for and with kenneth starr during the clinton investigation. was near to the number two senate, the number two democrat in the senate, dick durbin. he rolled this out. watch here. >> think about his role, kavanaugh's role, when it came to judge kenneth starr going after president clinton. he was the aggressive prosecutor in that respect, and a few years later after working in the bush white house, said he completely reversed his position. a president should not be subject to investigation or

prosecution. >> blake: the argument they're being, essentially, if something of significance involving president trump arises to the level of the supreme court, the democrats believe kavanaugh will protect president trump. will he? >> that's an absurd, absurd charge. judge kavanaugh has shown that he is faithful to the law, and certainly these discussions have been had by great legal minds through the decades. you want to judges that are well-versed in this area of the law, so that they are able to give fair and reasonable and independent decisions. judge kavanaugh has shown that, time and time again, so much so that you have liberal law professors saying that he is one of the most qualified people. there are no questions about his codification, there is no question of the last 12 years that he's been on the d.c. circuit that he has been a fair and not a political judge, and that is exactly why the american people and all the senators should support him feeling

kennedy's seat on the supreme court. >> blake: one question for you, the judicial crisis network ran ads earlier this summer in alabama, north dakota, west virginia. doug jones, jim donnelly, heidi heitkamp, and joe manchin. through their states voted for an neil gorsuch, now doug jones will have a vote here as well. in alabama. those are four democrats that republicans believe might support or likely support brett kavanaugh this time round. is that i see it? >> all democrats should vote to confirm judge kavanaugh. they should deliver to the american people such an excellent justice. certainly, in those states, there have been many polls that have shown that the voters in those states want their senators to confirm judge kavanaugh and not to go along with the liberal leaders of the democratic party, chuck schumer and nancy pelosi. for those democrats, it really comes down to -- do they want to respect and vote for the positions of people they represent in their particular states? or do they want to be co-opted

by the liberal-leaning national democratic party? and the vote will be very stark, it will be for everyone to see. >> blake: it's going to be a long week, gail. thank you for joining us on this labor day. thanks, gail trotter. >> great to be with you. >> ebony: a massive fire wreaked havoc on a museum that was full of iniquities. authorities are calling the law's "incalculable." plus, the job status of attorney general jeff sessions remains up in the air. along the split between the republicans that think you should go, and those that say he needs to say. >> kavanaugh faces the senate as a soda's don't ask goes commission hearings get underway on a showdown that could shape america's future. special coverage, live from d.c. tuesday on fox news channel. s t, i never knew when my symptoms

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towering flames light up the night sky as the country's 200-year-old national museum in rio de janeiro is engulfed. firefighters and museum workers racing to save priceless artifacts. the fear is that more than 200 -- excuse me, 20 million pieces of history spanning 11,000 years might have perished. thankfully, no serious injuries have been reported. >> blake: also today, a scary scene in southern california after a man opens fire in a crowded area, all because he could not get into an i.c.e. cube concert at the delmar racetrack. he's following the story, live in l.a. jeff, what happened there. dominic? >> blake, this is a busy time at the fairgrounds. so many people out enjoying the holiday weekend. investigators say after being told the ice cube show was sold out, the men got into an argument, pulled out a gun, and started shooting. listen to our one witness who was right there -- and he doesn't want to show his face --

describes a chaotic scene. >> it was a scuffle at the front gate, and one of the guys in the middle of the scuffle stepped back, pull out a gun, shot in the air three times, the cop that was near him pulled out her firearm and shot the guy like three times. he dropped to the ground, and then i just jumped through the gates. i wanted to get behind a wall. >> blake: you can see the suspect in this video is on thed after being shot by sarah dunn shifts if you do. he was identified as daniel. deputies in the area responded after that argument broke out, he raised his gun and shot into a crowded area so they returned fire, injuring the man. some of those shots were captured on video, all of this happening why a horse race was going on. >> there's gunfire at the track! there's gunfire at the track!

>> the ice cube show went on as planned, investigator saying the shooter is expected to survive. a spokesperson for the racetrack says they are relieved that no one else was hurt. the final day of racing at delmar today will go on as scheduled. blake? >> blake: jeff paul will live out their los angeles. jeff, thank you. also, president trump facing criticism after insisting that the u.s. may decide to exclude from a renegotiated north american free deal. nafta. their holding judgments on the new talks, the afl-cio president richard trumka on fox news on sunday. >> you hit the nail right on the head. it doesn't matter what's in that agreement, if we can't monitor and enforce it effectively, then the agreement will fail for workers and it will fail for the country. we have been told for over 25 years, "trust us. this agreement will be good for workers." we need is an agreement that we

can enforce no matter who is in the white house. >> blake: a cpa and small business advocate, he joins us here on labor day. high, thank you for coming in. >> good to see. >> blake: let's get to nafta. i want to put up a tree that the president said on this labor da labor day. it's a quote. "happy labor day, our country is doing better than ever before with an opponent setting record lows. the u.s. has tremendous upside potential as we go about fixing some of the worst trade deals ever made by any country in the world. big progress being made." does the president have it right, there? >> he really does, blake. i can't say that i agree with everything that president trump does or says. on this issue, i've got to come out on his side. just recently within the past couple of weeks, the administrator announce a deal with mexico. the deal was extremely favorable for american workers. now, we are asking to go over

75% of automated work, anything in the auto industry, has to be in the u.s. that's up from 62.5% of the previous deal. a really good deal for american workers. on top of that, the deal is also saying dad again, this is the mexican side of it -- workers have to be paid more than $60 per hour. between 40 and 45% of the companies that are involved in this have got to be doing that for the workers, and we all know that wages are much lower in mexico, that was driving a lot of work down to mexico. for starters, for mr. trump, for the unions, to say that the president is taking action against the american worker, particularly on trade -- right now it's really hard to buy tha that. i kind of feels a little bit of the opposite, i think the president is taking a lot of steps to help the american workers. >> blake: what about the candida component? richard trumka was saying that canada needs to be involved in a free media between united states and mexico. >> our economy, mexico, america,

and canada, are very much intertwined together. he does have a really good point. we are integrated, it is a north american marketplace, and it does make things a lot easier. the other point he made also regarding canada and mexico is that we are seeing from the administration, we need to see more details. the unions came out within a week, supporting the moves that the administration was making to protect american workers, particularly on trade. i think it remains to be seen where it's going to go with canada right now. i have a lot of confidence that something will be worked out with the canadian government, and we're going to see a better and revised after agreement. let's not forget, blake, the core of the presidents voting block -- his supporters -- they are blue-collar people. workers all across the country. i meet them all the time when i travel across the country, and i really do think that the man, the president, is taking a lot of steps to try and protect them. i'm expecting to see good things

when it comes to canada's negotiations. >> blake: let's get back to richard trumka for second in the comments he made yesterday on "fox news sunday." he feels that, while the president has done some good, overall, the president has not been a net plus for the american worker. chris wallace said "what about the fact that unemployment is under 4%? and that the last gp rating was over 4% customer" were heading toward close to 4 million jobs in the first two years, created by this president and his in administration. this was the response from him. watch. >> no, those are good, but wages have been down since the first of the year. gas prices have been up since the first of the year. overall, workers are doing as well. he passed the tax bill that encourages companies to outsource. we can't agree to support something like that. >> blake: is the average worker better off now, or significantly better off now, then they were say, a year ago?

>> i think the average worker is improving. it's a workers market right now. every company i talked to, they are desperate to find good and skilled people and retain their employees. that makes it a lot more of a competitive environment for workers. seeking better jobs, and better wages. there have been studies that have come out recently saying that most, the majority, of american workers right now are happy with the job that they have. when it comes to wages, it's a tough issue, blake. i don't know how much the government, short of minimum wage increases, can really do to stimulate wages. to me, it comes down to myself as a business owner. and other business owners. when real competition and the lack of good workers finally turned into increased salaries? i think we are starting to see that uptick now. they have been recent surveys by cable companies -- >> blake: is that because of the tax cut bill, though? that's part of the augmenter publicans are making at the beginning part of the year, was

that the tax cuts people would notice them. november surround corner, that would turn a turbo ." is that siri playing out as we head toward november? >> no, i don't see that playing out. also you the reason why. right now, people have seen a small decrease in the withholdings. as you see, blake, i've got to tell you -- when we do our clients taxes, it's not until the year is over and you do your tax returns before you really see what the benefit was of tax decrease in 2017. i really don't know if we are all going to be seeing that by the time the midterms come along, and that's going to be an issue for republicans. there's one other factor going on here when it comes to wages. more and more companies are paying their workers, and other types of benefits beside just increasing their wages. there has been an enormous increase in pay time off benefits, maternity leave, better retirement benefits, even health care. a lot of the stuff that we factor into wage increases,

because the employees today are not necessarily demanding wage increases but sort of a better work-life benefit. i think most people, that's going on. >> blake: most people you talk to, would they rather have the money were the benefits? >> most people i talked he would rather have a combination of both. you can't turn down cash, but here's one thing -- the majority of the american workers now, almost 50% right now, are the millennial generation. approximately 18-34 years old come across the board. this generation once more work-life balance, and they are demanding more paid time off and better retirement benefits. i'm seeing my clients respond to that. even in lieu of higher wages, i think we are seeing similar benefits and companies are paying off. tax reform has freed up a lot of cash for these companies to be able to afford those benefits. i think we'll be seeing a lot more that in the months to come. >> blake: i'm guessing one of the benefits of having your own company, because you get labor day off. thanks for joining us, i appreciate it. >> thanks, blake. >> ebony: and antiviolence

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one of 10,000 local allstate agents knows yours. now that you know the truth, are you in good hands? >> blake: fox news alert, a massive march in the windy city. security on high alert in chicago as protesters worked to block a busy highway, and the so happens to be next to o'hare international airport. they're trying to shut it down, that highway. it's two ways awareness of gun violence plaguing chicago paid organizers say there is a lack of employment opportunities on that city south and west side side. >> ebony: the future of jeff sessions remains in question is the president continues to bash his ag, leaving some wondering if sessions will still have a job when midterms roll around. some republicans are cautioning the president not to fire them. >> of the president the constitutional authority.

as i mentioned, he can do it. would it be politically wise? i don't think so. and i support jeff sessions in the job he's doing right now. >> ebony: we are going to bring in our political panel here, boyd matheson, the former chief of staff to utah senator mike lee. and jose over simon yo, dnc deputy press secretary. thanks for joining us, guys. i would start with you, boyd. you say that every president should have who he wants serving in his cabinet. have them serve at the pleasure of the president. it's clear to everyone paying attention that there's no love lost between this president jeff sessions. however, do you think that there is any upside to the president keeping jeff sessions can even past midterms around the alignment with the g.o.p., because it seems crystal clear that there are some in the g.o.p. who like jeff sessions and like the job he is doing. they really stand by him. do you think that would be politically advantageous for the president? >> i think the president has to look at what his vision is for the next two years.

i think he waits for after the midterms, but you have to recognize that this kind of turnover and administration's normal operating procedure. the thing that you have to look at is, if the president wants to move over, if there's a disconnect, he's got to have someone has confidence in. it's one of those things that i know jose has seen as well. so often, the people who work really well for you in the campaign are not really the right people you want to govern with you. they are very different. jeff sessions was very good for the present, he was an early supporter, an avid supporter. bro they be a personality riff that doesn't work. or the way he's going about his job is not quite meshing with the president's vision. sometimes, you have to make that shift and that change rolling into the next two years, which will be the big issue. >> ebony: how about that, that the president said when asked recently where the primary motivation was for picking jeff sessions to be his attorney general, a highly important part of the cabinet, of course. was that he is one the first to

support trump in 2016. do you think that was legitimat legitimate, and even if it was the reason, is that a reason to let him go at this point? >> let me just begin by saying that i agree with boyd saying that sometimes that help you during the campaign are not the right folks to serving your government. i will say this, there is a special issue here. it's russia. we know that jeff sessions recused himself from this investigation, and the fact of the matter is that potential firing of jeff sessions by this administration has nothing to do because he's not the right fit. he has everything to do with russia investigation, let me be clear. mueller will be the first step into firing robert mueller, who you know is heading the investigation. we cannot do anything. >> ebony: we know that the president has said one of the reasons he doesn't have confidence in jeff sessions is come he's been pretty clear, he doesn't understand things. that's talking about jeff sessions.

but sessions doesn't understand what is happening underneath his command position. do you think that's a fair critique, if the president feels that way? >> i don't know. i don't believe it for a second. we need to make sure that the russia investigation comes to an end. after the restaurant done mike russia investigation, go ahead. it's a choice as president. onto the russia investigation coming to an end, he should not -- my recommendation, he should not do it. it will be political suicide. >> ebony: boyd, you think to tell my stomach >> ebony: when he should go. >> i think it will be after the midterms. i also hope that mr. mueller gets investigation wrapped up before the american people -- should be done before beer the one caution i would give to the present is, in terms of the communication about this. he is creating a distraction rolling into the midterms, and i think it's going to be negative toward the republicans if they have this uncertainty about jeff sessions and where he stands. there is actually an old loud

sue quote that says that if the leader trusts no one publicly, eventually people will start to lose trust in the leader privately. i think if the present just focused on it focuses on the economy and moves forward, let's mr. mueller get his investigation worked on, then they could deal with things as they get past the midterms. >> ebony: i'm going to come back to you because you make the point that, again, the president -- if there's into slime it between him and jeff sessions -- jeff sessions should go. however, jeff sessions said and we in recent weeks, "while i am ag, we will not be impartially influenced by political consideration." their people on both sides of gather like that kind of talk coming from a department of justice. you think of the president gets out of jeff sessions, even after midterms, he runs the risk of looking like he is just getting rid of anybody that feels in political opposition to him. >> i think it will be more about the focus moving forward past the midterms. if he gets mired in it, i think you're right, if any.

it will become a political problem for him. but i agree with jeff sessions, should be political. he should focus on the policy side of the equation. if they do that through the midterms, then the president is going to recalibrate. it's all about the agenda, because the president needs to have confidence that he has members of his team who serve at the pleasure of the president, have a vision, have a focus, and agreed to execute on the vision. >> ebony: jose, you get the final word. do you think two thinks could be true at one time? could it be true that jeff sessions might be running and a half an political of justice? it could be true that he's not aligning with his present predecisional part part of this alignment, he should go. >> i don't agree with jeff sessions on pretty much anything. i do roof them to to do agree h him that his shipment not politl machine or gun that's what trums done. if i could give a piece of advice of the president of the united states, and be this.

i agree with boyd when he said that the communications, the way a person communicates, it matters. maybe the president should stay off twitter for a bit and try and focus of the problems we're facing as a country. i think from a public relations perspective, he could do better. >> ebony: i've got to end it here, but jose and boyd, think you're joining us. enjoy your labor day. >> happy labor day. >> she's in the backseat, she's got the baby, and we are running. we are running southbound from the accident. >> i've got a 5-month-old, and i can tell you those things aren't lights. a woman with a baby leads troopers on a high-speed chase, taking out the baby seat and just starting to run. why? we have that story coming up, plus the highest gas prices and four years causing pain with the pump for labor day travelers. could relief be on the horizon? i hope so. the details, coming next. ♪ if you have moderate to severe

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>> today marks the unofficial end of summer. it's also one of the top travel times, calm, causing a lot of pain at the pub as gas prices at the highest level in four years. laura ingalls here with story. >> if you're heading out on the highway this labor day, you won't be alone.

millions of cars are expected to be on the road today, they're already out there, of course. the summer has already seen an uptick in overall travel. many experts point to the booming economy and low on appointment rates, , and increae in vacationers. aaa says that 35 million americans will be traveling over 50 miles this weekend, which is a 5% increase from last year. 16 and a half million of those will be airline travel, which is up 3.5% from last year. labor day is the fifth most travel holiday, that's wait so busy. with the end of their conversation culmination toppig the list, they drop the national gas prices. this is attributed to the lack of demand after the summer, crude oil prices, and the switchover to cheaper gasoline. it began with the highest gas price for a labor day holiday in the past four years, but the national average is $2.83. that number is expected to go down to about $2.70 for the fal

fall. >> people aren't worried about the gas prices. when we hit $3.25, that changes things. but at $3 or below, where we have been, people will continue to travel by car. >> businesses are also looking forward to this higher consumer confidence and low gas prices as we head into the holiday spending season. we are 16 weeks away from christmas. >> ebony: thanks, laura. >> blake: still ahead, michael cohen's attorney lanny davis on what he says he is to blame for the controversy over that disputed cnn story on a 2016 trump tower meeting. more on that and much more about the day as we come back. stay with us. take that. [cheers] 30 grams of protein and 1 gram of sugar. new ensure max protein. in two great flavors. new ensure max protein. feeclaritin and relief fromwsy symptoms caused by over 200 allergens. like those from buddy. because stuffed animals

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>> fox news alert. confirmation hearing for judge brett kavanaugh supreme court show down about 24 hours from now. welcome back once again on this holiday. >> i hope you all are having a wonderful labor day. democrats seem to be getting ready for a fight over the judge that president trump has nominated to succeed retiring justice kennedy. tomorrow, the senate judiciary committee will hear from judge kavanaugh and make their own opening statements. peter duecy is live at the white house with much more. >> reporter: republican lawmakers do not think the kavanaugh's confirmation vote will be close. republican senator lindsey graham is guessing he'll get 55 votes in his favor.

that means some democrats will break off to support his nomination and before there's a vote, there's going to be a hearing it could take a couple of days. it starts tomorrow morning at the judiciary committee chaired by iowa senator chuck grassily. >> senator grassily has been fair. more documents have been given any person nominated to the supreme court. there's no drama. those running for president how they will handle this hearing on the democratic side. we're going to get this good man confirmed. >> reporter: the democratics rumored to be running for president won the judiciary committee that get to quiz kavanaugh are senators cory booker, kamala harris and amy klobuchar. the real fireworks has been in documents that nobody has seen. >> the the assertion of executive privilege by the white house to take 100,000 documents and say the american people will not see them as they reflect on his background is the first time

in history this denial of access to documents violates a rule that we thought was a tradition to the senator under senator sessions and leahy. they are suppressing these documents. >> reporter: kavanaugh has been prepping for hearings here at the white house complex in the eisenhower executive office building. tomorrow everything moves on capitol hill. we expect to them gavel in around 9:30. >> thank you. >> michael cohen's lanny davis taking blame for the tower meeting between ther russian and donald trump jr. how did this start? we'll take you back to the end of july. cnn reported that cohen was willing to tell the special counsel robert mueller that th then, candidate trump knew about the meeting in trump tower

because those russians claimed to have dirt on hillary clinton. the report said that cnn had contacted davis and he quote, declined to comment. last week davis admitted he was a source for that cnn story. cnn is taking heat for the handling of the story. davis is saying he miscommunicationed with cnn and that those reporters took his confirmation floating the possibility that candidate trump knew of in meeting in advance and his suggestion that cnn should look into it. >> i was never sure in my confirmation i was uncertain and in fact, i expressed my uncertainty but not clear enough. i can understand that they interpreted what i said as a confirmation and have not blamed cnn. i blame myself. >> joining us now is kelly

janetoren. thank you for joining us. there's a lot to unpack there. we tried to lay it out and where things stand. what do you make of this? >> i have to say, sorry lanny, i i don't buy it. you read the original cnn story, there's too much detail in there for it to have been him just saying, look into this and for him to claim he was misunderstood. that cnn story said that michael cohen was willing and eager to talk to robert mueller and tell robert mueller about this claim about trump knowing about the meeting. that's not something that you could possibly have been misunderstood. that detail was important one. that's a why that michael cohen and lanny davis were leaking that claim because they wanted to to be published. they wanted robert mueller to come knocking on their door. it's really kind of amazing that lanny davis is claiming that he was misunderstood. especially since he never once

contacted cnn since late july saying, hey, you guys, that reporting is wrong. i never said that. in fact, other news said they confirmed that story to them. >> the new york post and the "washington post" as well have come forward said that after that cnn report, they contacted lanny davis and same thing happened after that. one of the names on the biline is carl bernstein who is a legend of reporting. cnn stands by the story and the content of the story. the fact that carl bernstein's name have any weight as to whether or not the actual story could potentially be correct? there's multiple sources >> that's a good question. they say there's at least one other source. they're not naming that source. i think they ought to rely on having carl bernstein's name to

lend some credibility. this is one of the problems i'm finding in the trump era, so many stories are being published that are lied on only anonymous sources. people need to be able to make up their own minds. when someone leaks something anonymously, they do it because they have an agenda. they have a reason for wanting to get the information out there. when the public doesn't know who is saying what, it's hard for the public to judge the credibility of the person and the claim that they're making. we rely on reporters to do that vetting for us. given the number of anonymous source stories that have turned out to be false, this is probably one reason why trust in the media is so low. people see this and they're very -- they don't know who they can trust. i can't blame them. if they are publishing stuff anonymously and it turns out, this guy's lawyer said it because he's trying to get a date with robert mueller, yeah,

it brings the credibility a lot of journalist in question. even someone like carl bernstein. she should know -- he should know better. he broke one of the biggest stories of the century. he vetted that source and they had documents. i'm kind of surprised he would take a guy like this at his word at this point. >> if you took this story and everything that is happened since then to any journalism school, one thing they would look at and talk about is the line in the story which they said that lanny davis it declined to comment. some or all of the three on the biline had some sort of contact with lanny davis. what are we to make of that part of this story? >> i have to wonder about that line. what was that line doing in there? what does it make to throw people off the truth? did they put it in there to try to make it look like lanny davis was not the source for that

story. if they i wanted put that line in there, they could have said, lanny davis decide -- declined to comment on the record. there's no reason for that line to have been in there. they could have went to michael cohen himself and asked if he wanted to comment. you're right. that's why up to question the claims now there was another source. maybe there was. i don't know. none of us know. the fact that they had that line in there it was disingenuous, has me doubting their claims about another story. >> a lot of questions here. lot of things that you take this one way or next way from what happened. we have to leave this there. thanksup thanks for coming in on this labor day. a terror threat warning as british government says that isis fighters are in afghanistan

and communicating with terror cells in the u.k. benjamin hall is live in london with much more. >> it's the last 17 years, the u.s. and their allies have been fighting for afghanistan it's to prevent terror groups such as isis and al qaeda setting up safe haven to which they can plot and plan and carry out attacks. we have a direct new link between jii -- groups between u.k. and europe and afghanistan. isis have been growing stronger in the country with thousands moving from iraq and syria when the caliphate fell. as opposed to the taliban, isis like al qaeda, remains focused on attack against the west. >> we're seeing terrorist groups operating here in afghanistan. evidence of that links back not

just the united kingdom but just europe. >> the u.k. sent 440 soldiers to afghanistan to assist. despite suffering heavy losses, isis remain a major threat against the west. yesterday there was a chain of nato command in afghanistan with general scott miller former head of joint special operations command. he too recognized this new threat. >> we recognize that afghanistan cannot a safe haven for terrorism. the world recognizes that. >> reporter: what the u.k. and europe is now is another attack is like the one in paris. hundreds of fighters returned from fighters with isis. the threat is taken seriously. the u.s. have been battling hard against isis in afghanistan. they killed one of the top commanders. that's not enough. the battle with the taliban

continues. isis have been able to grow stronger in the rural areas. >> benjamin hall, live in london. thanks. high from profile meeting in the middle east. meeting about bashar al-assad. >> reporter: thanks. iran's defense minister meeting today in damascas with syrian president bashar al-assad to discuss military operation in the preble stronghold -- rebel strong hold. despite military engagements with isis and reported air strike over the weekend, that killed 11 asad-backed fighters the focus for the region is

narrowed in in the northwestern province. it's home to more than 10,000 fighters referenced by the united nations at terrorists. turkish representatives are working closely with the syrian regime to prepare imminent assault. they are scheduled to meet in friday to discuss plans to eradicate that group of fighters. eyes were focused on this world leaders this week. unicef estimated a million children could be at risk should the turks and russians decide to support a syrian military operation. >> that's one of the big concerns. trey, thanks. a woman with a baby. a real live baby leading police on a high speed chase through san antonio, texas. police video shows the woman speeding across several lanes of traffic. she runs a red light and then

crashes in the back of another car. she jumped from the car carrying the baby in a travel seat. the woman gets into another vehicle and what police are saying was an attempt to carjack it. police managed to stop the second vehicle and arrest the woman. the baby was taken to social services. wow. tough to watch that. shots fired outside a concert at a racetrack in southern california. police then shooting the accused gunman. what tha authorities say what st this trouble. democrats expected to put up a fight to block president's nominee to the supreme court, brett kavanaugh. with the numbers against them, what do you expect from the opposition when the confirmation hearings begin tomorrow? stay with us. no matter who rides point, there are over 10,000 allstate agents riding sweep.

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>> fox news alert. the san diego sheriff's department says a man fired his gun into a crowd at the delmar racetrack yesterday. he was told there was no more ticket for the ice cube concert. that suspect pulled out a semiautomatic handgun. a deputy shot that unidentified

man. no word yet on his condition. police say thankfully here, no one else was injured. we are less than 24 hours from the start of the confirmation hearings for supreme court nominee brett kavanaugh. now senate democrats are expected to to do all they can to block him from supreme court. but republican senator lindsey graham, he thinks some democrat have another agenda. >> senator grassily has been fair. it's more documents given to my person nominated to the supreme court. we'll have a hearing. only drama is those running for president. how will they handle this hearing on the democratic side. >> joining me now is justin walker. he's a former clerk for judge kavanaugh and justice anthony kennedy. thank you so much justin. i want to start with getting your take on a particular theory. because you clerked for both justice kennedy and judge

kavanaugh. lot of people believe when the judge takes that seat, they should be replacing the actions and viewpoints of the justices they are indeed replacing on the court itself. what is your take on that type of judicial replacement? >> there's really no historical foundation or precedent for that theory. i do think, however, that justice kennedy and judge kavanaugh have a lot in common. justice kennedy always spoke glowingly of judge kavanaugh. >> certainly. along with the similarities there are many distinctions. can you tell me what some of those contrasts can be? >> i would expect justice kennedy self-identify as a bit

more california pragmatist. judge kavanaugh is a formalist. i think of the the 14 times that the supreme court has endorsed an opinion by judge kavanaugh. justice kennedy was in majority of those decisions. i think it's suggest lot of overlap between justice kennedy and judge kavanaugh and the mainstream of american legal thought. >> i want to point your attention to one of those vindications. that's the 2001 heller decision that of course judge kavanaugh wrote the dissent for. he said those second amendment constitutional right that do includes semiautomatic weapons in that case. supreme court disregarded that ban on semis. i want to ask you as we move forward to 2018 and what data shows is uptick in mass gun

shootings. do you believe working with judge kavanaugh if the facts supported it that balance all important balance against the constitution itself that the judge will be open to an evolution on those facts? >> it's a great question. heller was decided in 2008. then a follow-up case was decided by a d.c. circuit about whether or not semiautomatic rifles can be banned. the supreme court has not yet dressedress -- addressed that question. judge kavanaugh wrote a historically-based decision. the balancing you're talking about. it's precluded by the supreme court heller decision. judge kavanaugh is a follower of the supreme court precedent. it's precluded to make that balancing choice themselves and to take some of that question out of the democratic process. i think what we can learn from

judge kavanaugh he cares lot about text and history and supreme court precedence. >> absolutely. button up on that, that's profound it's sight. do you think, though, i he's a strict texturallist. that's a clear record from the public we've seen so far. do you think even amongst that strict interpretation of the constitution by are the letter, there is any willingologist from you see of the judge to consider any type of balancing determination? >> i think that there are many texts within the constitution that not only allows for that balancing but that requires it. the fourth amendment prohibits unreasonable search and -- judge kavanaugh wrote an opinion what

he ruled for the criminal defendant. saying it would be violation of privacy for the government to put a gps tracker on that defendant's car without probable cause. i think that's one of many issues where judge kavanaugh looks to text, history and precedent. when these factors require the balancing you're talking about, judge kavanaugh does it in a very mainstream even-handed way. in the case of that matter, it was unanimous vindication by the supreme court. >> justin, you represent one of 48 law clerk clerks that judge kavanaugh has selected. you represent one of the most diverse class of law clerks of any supreme court nominee put together. i want to speak about what -- we're not talking about diversity in one way, not just gender and race and political ideology but those factor and some. talk about why do you think that diversity was so important to judge kavanaugh? >> i think it really reflects the kind of judge he is and the

kind of man he is. judge kavanaugh hires liberals, moderates and conservatives. majority of his clerks have been women. 13 of his clerks have come from minority group. what you see there is a reflection of those words that are on the supreme court building, carved in marble. equal justice under the law. judge kavanaugh's vision of the law is a vision that excludes anyone based on who their parents are or what their gender or race is or political ideology. he embraces that diversity. it reflects the kind of mainstream thoughtful fair-minded person he is. >> thank you so much for being here on labor day. >> thank you for having me. millions of americans are hitting the road this labor day. with the unofficial end of summer also marking a change in prices at the pump.

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>> labor day marks the unofficial end of summer making it one of the busiest travel weekends of the year. labor day also marks the traditional lowering of prices at the pump which will be very welcome this summer because the prices have been higher than in past years. laura explains. >> we've seen this before. when the economy is good and unemployment is down, more

people travel and demand goes up for gasoline. this weekend actually began with the highest gas prices for a labor day holiday in the past four years with a national average of $2.83. that number is expected to go down to about $2.78 a gallon in fall. historically labor day season drops in gas prices. >> i'm worried about the higher gas prices. when we hit $3.25 as national gas price average, that changes things. $3 or below, people do continue to travel by car. >> in you're listening to us in the car now, you'll know you're not lonely if you're choosing to get out. millions of cars are expected to be on the road today. this summer has seen uptick in overall travel. labor day is the fifth most travel holiday each year with the end of year combination

topping the list. triple-a said 35 million americans will be traveling over 50 miles this weekend which is a 5% increase from last year. 16.5 million of those will be airline travel which is up 3.5% from 2017. this time last year, hurricane harvey was wreaking havoc on the gulf coast causing gas prices to increase. potential storm is the only outlier that would prevent the price at the pump from dropping. meantime the general david petraeus telling fox news that the country as an obligation to help veterans exposed to the dangers of burn. the military has been using burn pits since 1991 in the iraq war. to dispose of all manner of toxic waste. now general petraeus the former commanders of multinational forces says, veterans exposed to those hazardous fumes need help

for their mounting medical issues. >> so, gradually as we are looking back on this, i think a number of the veterans organizations which i'm privileged to be play a part, we're becoming concerned this could be the agent orange of the post 9/11 combat generation. >> let's bring in the retired senior cia officer daniel hoffman who served as chief of the agency's milder middl middle east operations. i know you what these are. i want to put up the pictures on the screen for the audience just to put it in perspective what these burn pits actually are and what they do. they get rid of trash and chemical and medical waste at times. it's believed there are roughly 63 of these at certain points in iraq. the problem is with these burn pits, there's exposure to carbon dioxide and dioxin pip guess the first question is, it might be

easy to question this sitting in suit and tie in new york city versus the realities on the ground in iraq and afghanistan, is in the course of method to get rid of this trash? are there no other option? >> i don't think there's anyone who has the experience and the expertise any better than general david petraeus to understand the challenges our soldier faced in come -- combat and post combat. when i had the honor of serving his leadership, the great focus for our soldiers was on incoming rockets and mortars and finding water. the issue of waste disposal was considered a remote problem. you can use incinerator. those are difficult to get out. >> those were unreliable as well

>> that's right. they were. it's an extraordinarily difficult challenge. dod is taking steps to close those burn pits. back in 2013 in afghanistan. but it was an awfully serious challenge for us. >> i want to play for you some more of the interview with david petraeus. >> we had a number of other locations where we had these burn pit. you start to notice it more and more. i got more and american concerneconcern-- i got more and during that time. now i realized, we've got all these soldier who are on really bad days in healing whatever it's burned in these pits. >> really bad days inhaling what's burned in the pits. moved forward, how can these combat veterans get help? is this a v.a. issue?

does this need to be taken out of the hands of v.a. and specifically taylored place that can help these folks? what's the solution here? >> it's multifaceted. i think it's really quite telling that general petraeus pinned and open letter to the congress in support of the burn pit accountability act. the first step is we need legislation. we need to pass that act. this week we celebrated the extraordinary career of senator john mccain. who was known for defending our military and delivering on bipartisan efforts. this issue for sure, should garner the bipartisan support it needs. secondly, equally as important i think it's got to be an issue. we should expect new secretary of veteran affairs to take this on with the urgency it requires. i'm sure we'll see that. as i mentioned before, d.o.d. is

taking terms not only -- steps not only to close these sites but also to have a registry with veteran affairs so we can track those individuals over 150,000 who have registered. it allows us to track some of the medical issues that they're having and draw some conclusions about whether the burn pits indeed were the cause for blood disorders, diseases including cancer and other respiratory problems. >> is it believed those burn pits were the cause? >> we have to wait for conclusive medical study to determine that. i think that's why we need legislation and continued focus. when you have someone as experienced as general david petraeus with the record he has as commander of the 101st airborne and served over four years in iraq and then in afghanistan, he's leading the way here. i think that really matters for our troops. he's uniquely positioned to understand the challenges they

face in combat and post combat. >> when you step back for a second and realize what happened and the issues that come with that going forward, i guess the best question we can ask what are the lessons learned going forward with this? >> well, i think some of these lessons we've learned repeatedly over the years and that is that what our soldiers face in combat, they take home with them, physical and mental challenges, health challenges. we owe it to them. as general petraeus said. we have a sacred obligation to them to do all that we can post combat. i think we're the gold standard as general petraeus said in delivering the best care. it doesn't mean we shouldn't strive to do better. >> hopefully those veterans get it. daniel hoffman, thank you for joining us.

appreciate it. sad to report, u.s. service member killed in afghanistan today. during what appears insider attack in the eastern part of the country. now, another service member was also hurt and listed in stable condition. the service member is the sixth american killed in afghanistan this year. frantic search in florida for a missing toddler who disappeared after driver gave him and his mother is ride. plus infamous drug trafficker leveling accusations against the u.s. government. what does el chapo's attorney has to say about that now? that's after the break. e. ordering custom ink t-shirts has been a really smart decision for our business. i love the custom ink design lab because it's really easy to use. they have customer service that you can reach anytime.

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>> look back. amber alert has been issued for 2-year-old boy in florida.

after he and his mother were offered a ride in largo. that's due west of tampa about 20 miles on the coast there. investigators say the toddler's mother claimed she had an alter caution -- altercation with the driver who hit her and knocked her out. after that her son was nowhere in sight. a bold allegation against u.s. prosecutors from a drug kingpin. el chapo accused the u.s. his defense team is complaining that the client is denied due process. you actually know el chapo's lawyer.

>> i do. he's an outstanding lawyer. i was a prosecutor in that office and i would take these assertions by jeff very seriously if i was a prosecutor. what he's saying is, el chapo, whatever you think of him whether he's guilty or not, he's entitled to due process. he's kept in isolation for 23 or 24 hours a day over an extended period of time. quite frankly,s that torture. jeff raises a good issue if i was prosecutor i'll be concerned. the last thing you want as a prosecutor to go through a long trial where you have a lot of evidence and it gets reversed on an issue such as this. i would take it seriously and i would address it. >> john, we can all agree that due process is the bedrock of our criminal justice system. as you say correctly it has nothing to do with guilt or innocence. however, you're right, he's being held in custody 23 or

maybe 24 hours a day. while that's not extreme, prosecutors i'm sure will argue they are weighing that against the flight risk component. one time i think laundry chute as and other time shower in mexico. what's your response to a flight risk? >> it is an important point. you have to balance due process with respect to flight risk. in each instance that occurred in a mexican jail where the jailers were complicit in his escape. i don't think you have the same concern here. the department of prison and the marshal's office will do whatever possible to keep him. bottom line here, these entitled to fair trial.

the government has enormous evidence. they don't aunt want to have -- they don't want to have a long trial. >> i want your take on camp caml chapo's being held here in downtown new york. tell me about the facility. >> they are terrible. it's difficult for a lawyer to represent a client under those circumstances. there was an issue where a prisoner have been molested for a period of time. the guard was convicted. the facilities in manhattan need to be looked at seriously right now. it's a big problem. >> also want your take, we talked about the mountain of evidence. it's expected rot of that will be testimony from people that were part of this massive drug trade just a reminder here that el chapo at one point in time was said to be responsible for up to 25% of all illegal drug

trade between the u.s. and mexico. we talk about the credibility of those potential witnesses for the prosecution. what's your take on that? >> prosecutors typically say these are the people that the defendants surrounded himself with. those are the people we have to use. jurors are savvy. they look at this testimony as potentially problematic. they also look to see if it's corroborated. in my experience, if it's corroborated, jurors believe it. >> what about what we can expect from the defense here? we know just from public knowledge what the prosecution's argument will be to $3 billion a week, the revenue coming in from el chapo. what's the defense going to say? when he was picked up, he said he was a farmer. what can we expect? >> i think what the defense is going to do, which you have to do is attack all the witnesses and be extremely focused on

where their credibility is at issue. >> lastly, shawn penn had an interview and many people felt that was largely responsible for eventually capturing el chapo. >> if you're someone under investigation and you lie low, you don't talk to the press and you don't give a national tv interview. >> this trial is set to begin this november. we'll stay tuned. thank you john. a big explosion makes a mess out of traffic and turns out the cause of something in many of you might own and use everyday. what could that be, we'll tell you. freedom of the press under fire after a pair of journalist are sentenced to seven years behind bars. why is is that the case? we're live with the story next. if you have psoriasis, ...

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>> holiday traffic here. truck fille filled with axe body exploded. it started when the driver noticed there was a fire in his rear view mirror. it was coming from the trailer that he was hauling. he pulled over on the interstate and detached his cab from the trailer before it exploded as

the flames reached the axe spray cans. witnesses say it looked like a bizarre fireworks show with cans going off. no one was hurt. twitter bursting with jokes about the nearest small town smelling like a giant high school boy locker room. no one was hurt. reaction pouring in to the prison sentence just handed down in ber m -- burma to pair of journalists. the trial was a travesty of justice now calling for their immediate release. the two reporters have been covering burma's brutal crack down on muslims. kitty logan is following the story live. >> reporter: there was international outcry that put

the spotlight burma. they were convicted of reaching the official secrets act and possessing official documents. these reporters say they've been unfairly accused they claimed they were framed and trapped by police. this trial is seen as a landmark test case for democracy in burma and the ruling has been widely condemned by international human rights civilization. >> what we're seeing is these two men being sent to prison for doing their jobs and this is sending a signal to the rest of the reporters that if you cross the military or the government they can make your life a living hell. >> reporter: the two journalists were arrested as they investigated the killing of muslim boy. according to the u.n. 700,000 are fled the country to escape the violence against their

communities. in a report, it says the burmese military carried out mass killings. some could face trial for genocide. the burmese government denied allegations. the outcome of this trial adds to the international pressure burmese government is already under for the crack down on people. reuters said the conviction is intended to intimidate press coverage. these two journalists have been in detention since december last year. the u.s., u.k. and e.u. have called for immediate release. thank you live from london. one man in britain proving you are never too old to make some history. coming up how this world war ii vet plugged into -- plunged into the record books.

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set himself last year. the veteran, a radio operator in world war ii has been diving 58 years and hopes to set a new record next year. hope he does, too, eboni. >> might as well. that does it for us. >> tropical storm gordon on the move after slamming south florida and the keys. the gulf coast now bracing for round two. forecasters say it could be near hurricane strength as it rolls ashore. on capitol hill a political storm brewing. lawmakers preparing to grill supreme court nominee, brett kavanaugh. everything, his stance on abortion to gun rights is fair game. already democrats are promising a lot of heat. a rare sit-down interview with retired general david petraeus about a hidden health hazard our troops endured in iraq. that's ahead on this hour of "shepard smith reporting."