marsupial. >> jesse: we will debate this tomorrow. set your dvrs, never miss an episode of "the five." "special report" up next. bret? >> bret: brett kavanaugh's confirmation hearings begins with protest, quarreling, confusion. the bob woodward book has washington buzzing and the white house pushing back. hurricane strength, as it bears down in the gulf coast, and will not get customers just buy it? the colin kaepernick is the face of the company. this is "special report." ♪ ♪ good evening, welcome to washington. i'm bret baier. everyone involved with the confirmation hearing for president trump's supreme court pick is just trying to catch their breath tonight. day one of the brett kavanaugh proceedings featured emotional outbursts, frantic speculation, and predictions of doom. that was just from one side of the aisle on that panel. many members of the public were equally demonstrated, and each

time republicans pushed back. we have extensive coverage tonight. i'll talk live to senator burns has become a part of that hearing today. but first, fox news chief legal correspondent and anchor of fox news and eid, shannon bream starts us off. good evening. >> hello, bret. it was clear from the moment that chuck grassley tried to grapple in the hearing for supreme court nominee brett kavanaugh, today was going to be no state capitol hill affair. dozens of protesters peppered the hearings time and again. suggesting kavanaugh's elevation to the highest court would result in the loss of voting and abortion rates and outright death. community democrats believe they did not want the hearing to proceed at all. >> brett kavanaugh -- >> i would like to be recognized. >> you are out of order. >> i moved to adjourn. >> it should be transparent. speak of republican senator thom tillis asked whether the democrats description was scripted over a weekend

conference call. >> i'm reviewing a tweet from nbc that said democrats plot a coordinated strategy over the holiday weekend, i'll agree to disrupt and protest the hearing. >> democrats acknowledged a call. >> one of the discussions yesterday was this whole question of whether this committee is going to hear a nominee for a lifetime appointment to the highest court in the land. without access to basic information about his public record. >> the paper trail for kavanaugh and not his judicial philosophy was the democrats primary objection today, claiming they have just a fraction of the relevant documents from his time in the bush 43 white house. even calling on the nominee himself to slam on the brakes. >> i ask you to help us uphold that trust by asking this committee to suspend this hearing. >> grassley, who marked his 15th supreme court confirmation hearing today as a senator, repeatedly pushed back. >> how ridiculous it is to say that we don't have the records

that it takes to determine this person qualified to be in the supreme court. it's the supreme court. >> kavanaugh during the federal budget 2,608 democrats adjusted he was less than honest more than a decade ago when his first confirmation hearing about issues tied to a time of the white house. >> for 12 years, you could have apologized and corrected this record but you never dead. >> republican likely came to kavanaugh's defense. >> the suggestion that you must love this committee at any point in your previous hearings is absurd. >> finally, the nominee got to speak for himself. >> i have given it my all in every case. i am proud of that body of work and i stand behind it. i tell people, don't read about my judicial opinions, read the opinions. >> late today, the president himself weighed in on what he saw here today on capitol hill. here's a bit if it's tweet. "the brett kavanaugh hearings for the future just as at the supreme court are truly a display of how mean, angry, and

despicable the other side is. they'll say anything and are only looking to inflict pain and embarrassment to one of the most highly renowned jurists to ever appear before congress. so sad to see." as you know, day one is supposed to be the boring day, the real question start tomorrow but we've already seen plenty of fireworks. >> bret: plenty. shannon, thanks. we now know who will replace the late senator john mccain, at least for a while. former arizona senator john kyle has been chosen by republican governor john ducey. let's get details for mike emanuel. >> good evening. republican sources on capitol hill are calling this a home run pick, st. john kyle is smart, principled, and no-nonsense. mccain's wife cindy quickly enjoys the joys on twitter. he's a great tribute that he can go back onto public service to help the state of arizona. the arizona governor says kyle is the best possible person. >> there is far too much work

before the senate. work that is important and consequential to our state and our nation. work that demands immediate attention. it is not the time for newcomers and now is not the time for on-the-job training. >> jon kyl a 76 years old and retired from the senate in 2016 after serving three terms. kyl has served as a so-called sherbrooke for judge kavanaugh, escorting him and introducing them to senators in recent months. and soon kyl will be voting on kavanaugh's confirmation. so far, kyl says he's only committed to feeling mccain's seat until the new year. >> the governor asked me to serve for the remainder of the term and he's made some very convincing points. i have committed to serving at least through the second session of the 115th congress. i do know i will not seek the seat in 2020, nor any other office in the future. >> retiring senator jeff flake

called jon kyl a worthy choice to fill john mccain's seat. >> they worked together for 18 years, they served together. so i think he'll fit right in. he obviously shared senator mccain's views on most things. perfect guy. >> i'm told committee assignments for kyl are still being worked out. bret? >> bret: mike emanuel ahmed hill. thanks. someone is lying. members of the trump administration are vigorously denying various insults and slights against the president attributed to them in a new book by bob woodward. the author says he talked with people who saw and heard them. so who should you believe? chief white house correspondent john roberts has that story live from the north on tonight. good evening, john. >> good evening too. it's rare that a white house like the content of a pop order book and this white house is no different. the white house and staffers today basically dismissing the

new book, as a pack of lies. >> press secretary sarah zanders came out swinging today against the explosive allegations in woodward's book, saying this book is nothing more than fabricated stories, many by former disgruntled employees. in one of the most passages, hen kelly as saying the president, he's an idiot. it is pointless to try to convince them of anything. he's got off the rails. we are in crazy town. i don't even know why any of us are here. this is the worst job i've ever had. in response, kelly this afternoon fired back, "the idea i ever call the president and an idiot is never true. he is always known where i stand and he and i both know this story is total b.s.." the president's former outside counsel, john dowd, likewise a child to an allegation that he held a disastrous practice session with the president in january for a possible interview with special counsel robert mueller. woodward quotes him as saying, during a march 5th meeting with

mueller, "i'm not going to sit there and let him look like an idiot. you publish a transcript because everything lake's in washington and the guys overseas are going to say, i told you he was an idiot. i told you he was a dumbbell." and it statement, dowd says there never wasn't practice session. sources tell fox news what he actually told mueller was that with a number of questions he wanted to ask, the president could not recall all these details because he is saturated with information daily. the transcript thing he could not recall makes him look like an idiot to others not involved. when the president called woodward to complain he hadn't been interviewed for the book, woodward said he tried and failed to get a sitdown and insisted there is nothing in the book that doesn't come from a first-hand source. >> it's a tough look at the world and your administration and you. >> right, while i assume it is going to be a negative book. >> woodward's book adds details to already rumored events that former chief economic advisor gary cohn once stole sensitive proposal of the president's desk

to prevent him from signing it. in an interview with "the daily caller," the president said that never happened. woodward also quotes president trump on jeff sessions as saying, "this guy is mentally. he's a dumb southerner that couldn't even be a one-person country lawyer down in alabama." the president's grasp of foreign policy is also questioned. woodward claiming president trump wanted to assassinate syria and later a solid and james mattis, "let's kill him, let's go on, let's killed a lot of them." matta said after a meeting on north korea, the president acted like he had an understanding of a fifth or sixth grader. they today come of the secretary of defense responded to that quote for your james mattis in a statement saying, the contemptuous words about the president attributed to me in woodward's book were never uttered by me or in my presence. in that interview with "the daily caller" today, the president called this just another "bad book," saying that bob woodward has had credibility

problems. clearly this is something the white house is very sensitive about in these troubled political times. >> bret: i'm sure we'll hear more about it. john roberts on the north lawn. thanks. both good morning today's events. nebraska senator ben sasse is on the senate judiciary committee, at the hearing today. thank you for being here. i want to talk first about the hearing. your opening statement. you kind of laid out the different roles of the three branches of government. why is that such a concern when you have this hearing in this nominee standing before you? >> because the congress seems to have forgotten the three branches. really, schoolhouse rock isn't hard. we need a congress passes laws in certain helpers the consequences that people can hire and fire the congress, , ad executive branch that execute the laws and judges who judge and try not to be super legislators. people in the congress into forgotten that. >> bret: is that why it is hyperventilating that we are seeing? >> i think so. the lunacy you see when judge kavanaugh -- when you hear that he hates women, he hates

children, he wants dirty water, dirty air, there is nonsense, we've heard of her 31 years straight. ever since left decided to start politicize these hearings, and the right making a politicized court, since robert bork was taken down for stuff that wasn't real, they think this is how you were supposed to act every time there is a vacancy. it tells you if you want this much protest around confirmation hearings, if you want as much protest outside the supreme court, it means you are trying to have a political body in the court and is mostly because the congress doesn't do its job. >> bret: at the beginning of the hearing, democrats raised a lot of points, a lot about process, to give us in. -- take a listen. >> the committee received just last night, let's say, 15 hours ago, i thousand pages of documents that we have not had an opportunity to review. >> we have been denied real access to the documents we need to advise -- >> what is the rush? what are we trying to hide by not having the documents out front? >> bret: why are they wrong?

42,000 documents last night, 100,000 plus being held by executive privilege. >> let start with the fact, they have been more documents produced related to brett kavanaugh's nomination than the last three nominations for supreme court justices combined. why is that? because brett kavanaugh has done a whole bunch of stuff in washington for this claim kept evolving during the course of the hearing. 90% of the documents hadn't been produced. by the end of the day it was 96%. none of those things are true. what happened was, we don't have every document related to george w. bush's presidency. since brett kavanaugh spent three years as staff secretary, there was a whole bunch of paper that passed across his desk because it was george w. bush's papers, not because it was brett kavanaugh's paper. democrats are trying to find a way to ask for stuff that they know can't be produced because it can be national security secrets, things related to president bush's administration, and because it went over kavanaugh's desk, they are saying somebody is hiding something. it's not true. an unprecedented amount of paper has been handed over. >> bret: all those democrats

have will vote no. by today's hearing, do you think that they have a sense that there is not the votes? >> i think what you've seen happening in a hearing like today is not anything that is doing about doing our job, the left is screaming about that stuff is not about them doing their job coming out about them thinking they will derail brett kavanaugh. brett kavanaugh is eminently qualified, 12 years in the d.c. server court of appeals, 307 opinions cited by more than 200 of his colleagues on hundreds of different court cases. what they are trying to do is compute running for president on the left and they want to scream the loudest and seem to be fighting the longest. to try to make the hearings seem political, when brett kavanaugh is really just not that interesting a guy in a sense of scandal. he's a really good judge and people across the political spectrum have stood before his bench, they know that. >> bret: republican senators would be doing something similar if it was a democratic president and a democratic nominee? >> i do think that the left started this fight but i think

both of these parties are really, really lame in teaching basic cervix to our kids right now. people on both sides of the aisle regularly talk about the supreme court like they are public injustices and democratic processes. kavanaugh today said something great. he said i want to be a part of a team of nine. there is no i am on the supreme court and there are no private caucus rooms because judges put on a black robe to cloak your personal preferences and policy preferences from the past. they don't wear red or blue jerseys. they were a black robe to say, i need to take my policy views and put them in a box and market irrelevant because today my job is to be a judge and i have lifetime tenure because i'm not supposed to be a politician. >> bret: finally, you have the president tweeting over the weekend. he reacted to this. two long-running era obama and investigations of took republican congressmen were brought to a well-publicized charge just had with them in terms by the jeff sessions justice department. two easy ones now and out because there is not enough time. good job, jeff" ." it adds to a series of tweets and statements he's made about the attorney general.

your thoughts? speak of these two congressmen have been indicted because of evidence against them. not because of who is president for the investigations began. by the way, factually, the president is wrong. one of these investigations began last year, not two years ago. the point is, if we want to drain the swamp, and i do, want to eight people out of 100 in the senate who has never been a politician before, we should want to go after fraud, we should want to go after campaign finance violations. we should want to go after insider trading, we should want to go after stealing campaign funds. it shouldn't matter if you are republican or democrat. justice is blind. the justice department is filled with a whole bunch of people who are trying to root out swamp, let's read it more about. >> bret: senator, thank you for coming in. we'll watch tomorrow. >> thank you. ♪ >> bret: this is a fox news alert. residents along the gulf coast are preparing for what could soon be hurricane gordon. the storm is bringing high winds, heavy rain, potentially life-threatening storm surge to that region. correspondent jonathan serrie is live in gulfport, mississippi two nights.

>> strengthening over the warm waters of the gulf of mexico, tropical storm gordon is expected to hit the mississippi coast as a category 1 hurricane sometime after nightfall. governor phil bryant tweeted a copy of his emergency declaration mobilizing state resources including the national guard to respond where needed. tropical storm tropical storm wd from the florida panhandle to the louisiana coastal residents are filling sandbags by the mayor of new orleans has called for a voluntary evacuation of residents living outside the city's protected levee system. >> i am confident we have got the pumps and the power we need to get through this. never overconfident, however, always focused. and prepared. barricades are prestaged and in flood prone areas and we have emergency personnel again ready to respond. >> this time lapse video shows the storm clouds from gordon's outer bands moving over

florida's pensacola bay. residents and visitors along the northern growth gulf coast areg these conditions carefully. it's because are deteriorating. >> we are coming down to check out the water, see that it was raising, get the kids out of the house for a little bit. >> early monday, gordon formed into a tropical storm near the florida keys, dumping heavy rains across south florida and disrupting travel during the busy labor day holiday. although forecasters say it won't have time to strengthen beyond a category 1 hurricane, people along the northern gulf coast need to take it seriously. >> the rain will be the biggest concern. anywhere from 6-8 inches and on top of that, the storm surge will be pushing in three to 6 feet of total storm surge. >> right now, gulfport, mississippi, is in the direct path of this storm. as you can see, conditions relatively calm on the beach we, graham standing but we anticipate those conditions will deteriorate as we go into the night. >> bret: jonathan serrie live in gulfport.

thank you. the organizer of a procedures conference in new york gives to pressure from the left. they just invite steve bannon. we'll explain. first, our fox affiliates around the country covering tonight. q13 fox in seattle has teachers in several washington state school districts staying out of the classroom on strike. others are meeting today to decide what to do. some teachers in a few districts have reached deals on new contracts. fox 47 in lansing says the president of usa gymnastics resigns in the wake of the uproar over former michigan state and team usa dr. larry nassar. he's been convicted on dozens of counts of sexually abusing athletes. carrie parry was only on the joy athletes blame her for mishandling the fallout from the larry nassar case. this is a live look at eden prairie, minnesota, from our affiliate fox 9. one of the stories there tonight, the fbi says it has recovered a pair of ruby slippers warned by judy garland in "the wizard of oz."

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♪ >> bret: former senior strategist at president trump, steve bannon, has been disinvited from a prestigious conference in new york after widespread condemnation from the left. the editor of the new yorker says he changed his mind after the fuehrer. bannon calls david remnick got less. let's get analysis from brit hume. what do you think about this? >> i think this reflects where we are in journalism and politics today. this kind of thing did not used to happen really. the pages of publications whether they slanted left or right or more open to opposing views and they are now. i think we now have a -- the country has gotten so big that we -- what we have is a great many publications and news outlets that appeal to niche audiences. they may have been small monday but in this country they are pretty big. they end up being like politicians in the sense of a

developed constituencies, audience, that they are free to offend. use all his earlier this year were in "the atlantic" hired kevin williamson, longtime writer for the "national review," smart guy, conservative. an uproar about that. they fired him before he had written a single article. now we see this with the dis- invitation of steve bannon. i don't happen to be a fan of steve bannon but it seems to me that if these people were confident in the power of their arguments, they would believe that if steve bannon came and presented his, they could overcome them but in this atmosphere, that is not the way people think. >> bret: it doesn't seem like it's going away. it seems like it's increasing. >> i think it's utterly regrettable because people ought to be appointed to different viewpoints. that is all of a piece with a shouting down of speakers on campus, people being invited and is invited to speak and so on. this is not the way we have been as a nation. as barack obama used to say, this isn't who we are. i'm afraid is becoming who we are and is utterly regrettable.

>> bret: the hearing today was not a shining example, either, of all of olivet discourse. let me ask you about this bob woodward book. it has dropped now on washington, washington is abuzz by the pushback is big. >> it is. some pretty powerful details in there about conversations that would have happened, president trump comes across as a man who was frequently about to undertake things on the most reckless and impulsive and restrained by his staff, says all sorts of insulting and outlandish things about people around him. this -- the people who believe these things about him already, they pretend to be shocked to come but they are not. but this will give them ammunition. however, woodward's sources are anonymous, as they always are in his books. the denials that are coming from john dowd, the president's former lawyer, defense secretary, chief of staff, about things in the book are pretty explicit and direct. these are not nondenial denials. these are direct denials in a number of instances.

people are going to have to make up their own minds what they believe in you but i think it will come down there, bret, those who admire trump won't believe them and those who don't, well. >> bret: brit, as always, thanks. approximate fox news investigation on iranian weapon. first beyond our borders tonight. egyptian man was arrested outside the u.s. embassy in cairo today after chemicals in his backpack caught fire. authorities say the suspect embraced what was called an extremist ideology and intended to carry out a hostile attack. no one was harmed in that incident. the taliban say the afghan founder of the economy network has died after years of ill health. he had not been heard from in several years and had been paralyzed for the past ten years. the network was declared a terrorist organization by the u.s. in 2012. the french agriculture minister says the country's navy is ready to intervene to prevent further clashes between french and british fishermen who angrily

bumped votes over access to scallop fisheries off the french coast last week. we brought you that story. the minister is expressing hope that british and french measurement can strike a deal to resolve their dispute with a meet wednesday for talks all over scallop spray just some of the other stories beyond our borders tonight. we'll be right back. ♪ try delicious creations like new crunchy fiesta shrimp tortilla chip crusted then topped with a creamy blend of three cheeses and finished with pico de gallo. and there's new sesame-ginger shrimp. grilled and drizzled with savory soy-ginger sauce and sprinkled with asian seasoning. and don't forget the favorites you love, like garlic shrimp scampi! but endless shrimp won't last endlessly, so hurry in. we really pride ourselves on making it easy for you >> tech: at safelite autoglass, to get your windshield fixed. with safelite, you can see exactly when we'll be there. saving you time for what you love most. >> kids: whoa!

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accusations tonight about iran supporting terrorism. western intelligence says iran has been smuggling arms into lebanon. this comes amid new reports of movement from israel's military. correspondent trae young size details from our middle eastern newsroom. >> tonight is really air strikes hitting two targets in syria both suspected of developing service to surface missiles. the idea of declining to comment on today's strikes but confirming this evening that 200 attacks have been carried out in the past 16 months against iranian targets in syria. these attacks are a reason iran is trying to change the way it delivers weapons and parts to iranian-backed fighters in places like syria and lebanon. an investor investigation this week by fox news found that an iranian company used two civilin aircraft this year is to transfer weapon components to fighters in lebanon. according to western intelligence sources, the iranian revolutionary guard is

orchestrating those smuggling flights, a direct violation of sanctions imposed by the trump administration. >> i urge our allies to join us in taking strong actions to curb iran's continued dangerous and destabilizing behavior. >> while president trump has called on allies to assist with pressuring iran, observers want to know with the lebanese government knew about the organization with them enlarging at the largest airport. the first took place on july 9th, stopping briefly in damascus before landing at the beirut international airport. the second flight on august 2nd to departed tehran and landed in beirut two and half hours later. as to whether or not the u.s. continues to plan doing business with lebanon, the state department says the country is still considered a primary security partner of the united states. bret? >> bret: thank you. the trouble administration warning syria against what it calls reckless escalation. the u.s. is vowing a sharp

response as of chemical weapons are you doing there. a few hours ago, the kremlin criticized a similar warning from president trump earlier. the exchange happened as towns villages in the province came under intense air strikes, reportedly killing at least eight people there. russia says militants their target its own facilities in syria and pose a terrorist threat. a different kind of threat as a subject of much discussion tonight here in washington. ahead of testimony tomorrow from executives of the major social media companies. but russian interference in u.s. elections is not the only hot topic. correspondent peter doocy tells us what else is on the agenda. >> everybody of the house energy and commerce committee has a twitter account and as a public and members claim to ask twitter ceo jack dorsey if some and their ranks have been shadow band or seen conservative first minimized while liberal ones are

promoted. >> 67% of all adults get some form of their information, their news, from social media. >> fake news on social media is the focus of a separate senate intelligence committee hearing tomorrow where twitters dorsey will be joined by facebook coo sheryl sandberg in which the google ceo is declining to attend. the committee's top democrat, senator mark warner, says i want to know what they are doing to prevent this happening in 2018 and beyond and i want to have a conversation about policy solutions as assented zeros in on outside forces affecting twitter, the house will focus on whether twitter algorithms are biased or written fairly. >> we want to know who is behind the curtain, who is "the wizard of oz," if you will come of that is pulling all the levers that may cause shadow banning, censorship. >> censorship is a just a midterm issue. >> it is not about elections. what is really about, free speech. >> and testimony obtained by fox, twitters dorsey plans to say, "we do not shout or run based on political ideology.

from a simple business perspective and to serve the public conversation, twitter is incentivized to keep all voices on the platform." republicans lamented they they can't delete twitter even if they want to. >> for conservatives leave then only the liberal voices will be on twitter and twitter is a very capped on my powerful tool. >> if republicans don't want to stop tweeting, the company reserves the right to remove accounts including the president. an official told "politico" there are no exception should the company's rules, that includes donald trump. >> bret: peter doocy. thank you. canadian prime minister justin trudeau says his country will not bent on chelate demands during negotiations on a new trade deal with the u.s. he says there are number of things that canada absolutely must see in a renegotiated nafta. officials from both sides are scheduled to meet again in washington tomorrow. amazon briefly traded above $1 trillion in market value today. that is a milestone only apple

has surpassed among publicly traded u.s. companies. amazon finished the day with a market value of $995 billion. stocks were down today. the dow lost 12, s&p 500 was of. the nasdaq dropped 18. why are these people burning their nike shoes? we'll tell you when we come back. ♪

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did happen, time stopped. but i was able to use my choice of body shop. they couldn't have really done anything any better. - [announcer] join the millions of customers 50 and over who trust the hartford. - [woman] call the hartford at to get a non-obligation quote or go to ♪ >> bret: chicago mayor rahm emanuel says he will not seek a third term next year. the former chief of staff of president obama says being chicago mayor has been a drop of a lifetime but is not a job for a lifetime. there has been speculation that he might run for president. we'll see. the environmental protection agency's internal watchdog is faulting the agency for spending millions of dollars on a round-the-clock security for a former administrator scott pruitt. the epa inspector general said

the epa failed to document why he needed more than three and a half million dollars in security spending in 2017. pruitt left the epa this summer he made a barrage of scandals overhead spending and other alleged abuses of office. nike is making pro football player and activist colin kaepernick the face of its new marketing campaign. kaepernick began what has become a widespread protest movement in the nfl when he staged a silent protest during the playing of the national anthem before a game. now many nike customers are doing protesting of their own. correspondent william la jeunesse has the story from los angeles. >> just do it to. >> nike just did. paying the most polarizing man in sports to represent their brand. >> whether it is revolution or evolution of things, there is always criticism of it. >> colin kaepernick hasn't played football in years but his decision to nail during the

national anthem turned him into what's nike considers one of the most inspirational athletes of this generation. others disagree. >> i watched colin kaepernick and i thought it was terrible. >> kaepernick said he knelt because the u.s. "oppresses black people." to some botanist jerseys in record numbers. others burned them. >> this is very much part of the nike brand, which exists on being edgy and being abrasive. >> kaepernick is one of several athletes chosen to celebrate 30 years of the "just do it" at campaign. even if it means sacrificing everything. the real loser is the nfl whose fans by and large really don't like kaepernick, don't like what he stands for, and also the president of united states states who also doesn't like kaepernick. >> on social media some burned their nike's and cut the logo from their socks, noting real heroes fight for their country. others noted that target demographic is 15-17 where

buyers may appreciate kaepernick's rebel spirits more than his politics. >> you don't think it will hurt them? the people was that enough of this? >> i strongly feel it will not. >> so far, most athletes, tom brady, serena williams, wall street, thinks it will sell more shoes, not less. he the president thinks nike is making a terrible decision. "nike is a tenant of mine. they pay me a lot of rent. >> bret: day one of the kavanaugh hearing and all the other news here in washington. we'll get reaction from the panel after the break. ♪ it's america's most popular street name. but allstate agents know that's where the similarity stops. if you're on park street in reno, nevada, the high winds of the washoe zephyr could damage your siding. and that's very different than living on park ave in sheboygan, wisconsin, where ice dams could cause water damage. but no matter what park you live on, one of 10,000 local allstate agents knows yours.

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turn your wish list into a checklist. learn more. do more. share more. at home, with internet essentials. ♪ >> nearly 102,000 pages of documents from judge kavanaugh's work in the white house counsel's office are being withheld from a committee. >> we are asking to evaluate a candidate, to have intelligence questions and insights into his record readily only have 10% of that record. >> what does the administration afraid of showing the american people? >> it is hard to take seriously their claim that somehow they can to do their job because they've been denied access to attorney-client or executive privilege documents what may have already made up their mind before the hearing. >> a judge must be independent

and must interpret the laws, not make the laws. a judge must interpret statutes as written. a judge might interpret the constitution as written. >> bret: the first day supposed to be boring. it was not. a lot of fireworks this morning and the brett kavanaugh confirmation hearing. speeches, democrats saying they didn't have enough documents. and a lot of fights yet to come as questioning is tomorrow. the president weighing in. the brett kavanaugh hearings for the future dressers of the supreme court are truly a display of how mean, angry, and despicable via other side is. they will say anything and are only looking to inflict pain and embarrassment to one of the most highly respected jurists." let's begin our panel. david brody, g political analyst for the christian broadcasting network. national security analyst, morgan ortagus, and jonathan swann, national political reporter for axios. david, obviously democrats felt they don't have enough yet to make their decisions or form their questions.

>> therefore, the document dump narrative, bret. that is what we saw today. i kind of felt like we were about on our way to a taiwanese parliament brawl to a degree. he stopped short of that. democrats clearly, they believe they have won today. honestly, it a 20 revenue cycl, they did. here's the thing, and baseball, if they hit a home run of the first inning, that is what they did today. but it's a nine inning game and democrats -- excuse me, republicans clearly are here for the long haul. >> bret: jonathan, democrats saying they need more documents but there really isn't a doubt how each one of those democrats and the judiciary committee is going to vote for they have already come out and said they . >> just to pull back the lens a little but, i spoke to a democrat prominently involved in this effort to stop kavanaugh's confirmation. they admitted to me privately that they need 1 of 2 things: they needed some explosive piece of paper, document that just come up from his time in the

white house or whatever, that rs something horrendous about him. >> bret: an aha moment. >> or him drive a complete meltdown in the hearing. without that, he will get confirmed. so you are seeing the frustration from democrats because really this thing is pretty cooked. >> bret: if they actually tell you a little bit more about the vote counting what happened today, morgan. >> i don't think anything happened today, to lose a single republican vote. i think there is a good chance that you can get up to 55 votes. if there was something explosive about him, it would have happened. the democrats tried most of the data disparages character and it's difficult with kavanaugh. kavanaugh looks like the guy who organizes the office coffee clutch. he doesn't look like he is a personal takedown the rights for all women everywhere. a little disingenuous. what i said last night on your show is that i really was looking for mother democrats who will run for 2020 and the committee, but the thing that surprised me, they must be under

more pressure from their base then i realized because i knew it would be theatrical. it was overly theatrical. at the end of the day, it doesn't move the needle. >> bret: breaking news from "the new york times," special counsel robert mueller will accept written answers from president trump on questions related to his campaign and with russia selection interference. mr. mueller's office telling trump lawyers in a letter that they will expect written answers. didn't say whether he would on the obstruction of justice investigation by the tone of the letter suggests that's what they are headed toward. written answers, not giving up on the overall interview. jonathan, thoughts are not? >> i am very curious to read the story now. my immediate question would be, is it for some parts of what he wants to know or is he carte blanche or agreeing to written answers, which i would be stunned if he is actually giving up on interviewing trump in person.

>> bret: at this point, what we are learning now, a victory r the president. if you're going to do written answers, this is, if you think about, best-case scenario for that middle ground we were hearing so much about and i think that we will see a play off potentially right here. >> bret: more of this comes as bob ordered spokes has dropped and we see some salacious quotes" that people in the book who are quoted i think from other sources -- bob woodward doesn't say where the sources are -- are pushing back on whether they actually said what they said. there are some interesting things that have already dropped in washington. >> for me, color me unimpressed. it seems like a typical new cycle on these books. the trump administration official come out to denied all the salacious things that the author of the book said, it continues with the same big picture narratives about the president and his competency that the left likes to attack them on. i think -- at the applebee's in

florida, no one is talking about the bob woodward book tonight. no one. that is the bottom line for how this relates to everybody watching the show. >> bret: the suggestion is that aids are doing things and protecting from what the president's instincts are and for example, the secretary mattis had said, we are not going to follow an order directly from the president as far as killing bashar al-assad in syria. now matt is put out a statement saying that contentious contems words about the president contributed to me were never uttered. he said while i generally enjoy reading fiction, this is a uniquely washington brand of literature and his anonymous sources do not lend credibility. each one of the people, john kelly, john dowd, has put a pretty detailed statements pushing back. >> so the mattis one is interesting because firstly, there are some important nuances. one is that it wasn't a direct order, e. and as presented in the book. it was a suggestion.

it was never as we can tell memorialized, gone down through the process. it is quite possible mattis did not specifically denied that trump said, why don't we take out a solid? what mattis is objecting to are the words put in his mouth when he is really dumb mike brey to killing the president. >> bret: a fifth grader i have no way of knowing -- i haven't been able to confirm -- i don't want to cast doubt on his reporting. >> bret: most times, though, david, he has transcripts and tapes and things of interviewing different people, whether they are the source or not. >> but he doesn't have names. i'm talking about specific names that are attributable to certain people in certain situations. we also have to remember, sources have an agenda, and a timing with the sources are telling you information is also very important. there is context. i don't think there's book will have any impact for sure on the trump border, i think that is clear. but even beyond that come with a

moderate suburbia and philadelphia type borders, they knew what they were signing for, when they voted for trump, and unconventional trump doing this, makes a lot of sense. >> bret: we will see. there will be followed for days. panel, thank you. when we come back, some confirmation craziness. thank you. ♪ if you have psoriasis, ...

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and while we make more e-commerce deliveries to homes than anyone else in the country, we never forget... that your business is our business the united states postal service. priority: you >> bret: confirmation craziness on capitol hill which meant some senators had some interesting things to say about today's hearing. >> i've been watching cartoons this morning so i could get ready for the hearing. >> last night before 11:00 on the 42,000 pages that have come to our attention, the staff on the republican side has gone through that. >> for the record, that the rate of 7,000 pages for our, that's superhuman. this is the first confirmation for a supreme court justice that i've seen basically according to mob rule. >> bret: that's just day one,

day two is tomorrow. that's it for this "special report." fair, balanced and unafraid. "the story" with martha maccallum starts right now and we will be ready for tomorrow. >> martha: we sure will come up more fireworks ahead. thank you, brett. we are live in d.c., where you can see the white house is about to respond tonight to what happened today when i come up within seconds, the cavanaugh hearing ran headlong into a brick wall as democrats to a hail mary attempts to prevent it from happening. >> mr. chairman? >> brett cavanaugh to serve as the associate justice of the supreme court. >> mr. chairman, i'd like to say something before we proceed. we cannot proceed forward. we have not been given an opportunity to have a meeting on the nominee. >> martha: you get the idea. those protests were punctuated