eric: we tart with a fox news alert. brand-new reaction from vice president mike pence on that scathing "new york times" op-ed piece that was published last week. the vice president says he believes there is a legal basis for investigating the author of that article that was in the "new york times." but first this is a warning for millions of people along the east coast as florence has officially regained hurricane strength. at this moment that storm looks like it could make landfall somewhere along the southeast coast and it is expected to rapidly grow more powerful and reach major hurricane strength. by tomorrow we are covering all

these breaking developments from washington and keeping an eye on storm florence. welcome to "america's news headquarters," i'm eric shawn. arthel is out west. arthel, good morning. arthel: i'm arthel neville coming to you from los angeles. at this point in florence does make landfall is extremely likely they are telling us. all weather models indicate it will maybe taken major hurricane strength when it comes ashore stimulate afternoon thursday and friday morning. the schedule for projected landfall. adam klotz is in the weather sr. with the details. adam: it's a long ways away when

we talk about hurricane forecasting. but this one continues to show us every single update where it will be heading. this is a category one hurricane heading this direction. you see an eye right there that will become more defined as this becomes a strong and stronger storm. it will be moving south of bermuda and jumping up to a category 3 hurricane. it's running into areas where it will strengthen quickly. that's taking you into early thursday morning. you are nearing the coast, then likely hitting the coast heading into the overnight hours from thursday into friday morning. that's only because it made landfall in this model. so that will weaken. but likely a category 3 or 4 storm as it heads in this direction. these waters fueling this. it takes 80 degree water to fuel

a hurricane. you are looking at waters 85 degrees all the way up to the coast. that will allow this to become a larger more powerful storm as it heads closer and closer to the carolinas. we are still a long ways away from this making landfall. when you see as many models as i'm running here and they are all in agreement, it looks as thought it will be targeting the carolinas, the myrtle beach area, the outer banks as we get closer to the end of the week. it is a major rainmaker. you see right as this begins to run onshore. these are some of our forecast models, but we are look at spots well up over a foot to two feet of rain in several locations and as this runs onshore it will bring a lot of moisture along with strong kids. flooding as it makes its way onshore. flooding could be an issue for a

whole lot of spots. this is the system we are paying attention to. there are systems back behind it. i just want to point out that it is getting that time of year, we are getting close to peak hurricane season. florence will let us know that it's here. arthel: when and where are you expecting florns to hit land? adam: here is your track, category one will jump up to a 3 or 4. but that's a major hurricane. we are talking about perhaps the myrtle beach, outer banks area. this is several days away. it will be thursday night into friday morning. and through several models we are seeing this which begins to increase the confidence a little bit. arthel: leading up to that they should be expecting heavy winds and rainfall, right? adam: it's too early to see

anything like that. you will be talking about getting into wednesday and thursday, especially thursday morning you will notice the surf begin to pick up. thursday night is when things begin to detear thate. arthel: adam klotz, thank you very much. eric: this morning vice president mike pence suggesting he believes there is a legal basis for investigating the identity of the unknown author of the anonymous op-ed. he claims to be part of a so-called resistance movement in the white house and pushes back against some of the president's impulsive or rash actions. it's what the op-ed author did he thinks before taking office which makes writing and publishing the editorial.

>> every official takes an oath. and to say they work every day to frustrate the president's ageneral today he was elected to advance is undemocratic and an assaulted on our democracy. eric: the president has been calling for an investigation of that author. reporter: vice president pence's name first came up in this entire saga when people started to speculate about who the author might be because the op-ed uses the word loadstar. a word vice president mike pence has used many times over the years. one of the first denials came from the vice president's office after that speculation grew on the internet. some say pence is not the author

and programs real author used the word "loadstar" on purpose. >> do you think someone purposely put that in the essay to try to set you up? >> i wouldn't know. i believe whether it's the book or the anonymous editorial or president obama's speech. it's an effort to distract attention from this booming economy and from the president's record of success. it's all very predictable. reporter: pence says he does not know who wrote the piece. the president suggested a couple names, but nothing concrete enough to make it public. he says he believes the department of justice should get involved because in his view the op-ed is a threat to national security. and a national security issue at large. eric: it would be fascinating if

the word "loadstar" was purposely put in there to throw people off the track. what does the vice president say about the president wanting to investigate. he says he thinks it's appropriate. he hinted who the author of the op-ed might be. or what area they might be looking in. >> i think the president's concern is the individual may have responsibilities in the area of national security. if they published an editorial saying they are misrepresenting themselves and trying to frustrate and subvert the agenda the president was elected to advance, that's an important issue. reporter: when chris wallace pointed out that is not illegal. the vice president pointed to the oath senior officials take when they accept their jobs.

one democratic senator isn't buying it. >> the real issue here across all of these concerns is that we have a president who in his tweets and in his statements and speeches suggests that he thinks the department of justice should act more like the in-house legal department to the trump organization, rather than what they are. eric: arthel? arthel: for more on this we'll bring in alex little, a criminal defense litigation southern and former prosecutor and assistant district attorney. does this warrant an investigation by the department of justice? and what is the prerequisite to deploy this doj? >> i want to be as clear and state forward with your viewers as possible. there is no basis, none whatsoever, to investigate the author of this anonymous op-ed. he has broken no law.

so anyone suggesting otherwise is trying to blow smoke at your viewers. wait appropriate to accuse the department of justice? they investigate when there is probable cause or suspicion that a crime has been committed. >> so does this reach the level of a national security breach what is writing an anonymous and scathing op-ed treasonous? >> i don't think it's any more treasonous than some of the things reported in bob woodward's book. there is an allegation the president gave an order to assassinated bashar al-assad, the leader in syria. the defense secretary said we are not going to do that, people. this is a president i that is unique where officials are

trying to push against the president's whims. when the vice president goes on tv and says this official whoever he or she is is violating their oath. it smacks of incredible hypocrisy when you have a president who every day calls the press that is protected by the constitution, the enemy of the people. all of this is a back and forth about the turmoil inside the administration. none of it invokes criminal prosecution or concern that somebody has broken the law. arthel: you were talking about syrian president bashar al-assad. having said everything you have thus far, what should and could happen to the author of the op-ed? >> what's interest being this, there is a whole branch of government we haven't talked about, that's congress. if you are a cabinet official

you can be impeached. congress can and should hold hearings if they want to do that. the republicans control congress. they have every ability to do their own investigations. one reason is there are folks in congress who feel the same way. nor corker made statement similar to the op-ed. it's a branch of congress that should be leading the charge if they want to find out who wrote that op-ed. arthel: nothing that was published in the op-ed hasn't been said before. reported by various people in congress or what have you. some of president trump's critics have said these things. i introduced you as a litigation attorney, former prosecutor', is there anything in the content of

the op-ed that would grab the attention of your current or former colleagues? >> not a thing. not anybody who worked in the areas of national security prosecution will look at that and say a crime has been committed. the only people who would think that is those who want to please president trump who is understandably upset by the op-ed. arthel: the president is considering action against the "times." >> that's the history of president trump. he'll make statements about bringing cases. he'll sue a lot of people and dismiss them. that's what he did before he was president. so those threats aren't surprising and we don't need to take them seriously. arthel: is it much ado about nothing? >> no, this is a unique moment when you have a top administration official according to the "new york

times" who says the president can't be trusted. and to turn the camera and say the problem is the official and note what is being said in the op-ed is shock. what the press should be focused on. can what he's saying be true? can he not be trusted by his own advisors? if so this president needs to be outed. arthel: there are people on both sides of the aisle saying that's not the way you do it. if you have concerns. show yourself, then exit stage left. >> i'm not for a minute defending the way this individual did this. i agree with people of on both sides of the aisle who say if you have these concerns you should come out with it publicly. but i'm not -- i don't think anybody who cares about our democracy or constitution should be happy that this is the way it transpired. but we have to focus on what's

happening. what's happening here is not a crime. arthel: alex little, i'll leave it there. thank you very much. eric: get ready to fasten your seat belts it's president versus president. they are hitting the campaign trail ahead of the high stakes mid-term elections. how will this impact voters in november? and what are they saying about each other. north korea celebrated its 70th anniversary today. but this year, noticeably absent, the scary ballistic missiles. they vanished from the annual military parade. >> there has not been any fireworks firing off in the sky for north korea since the talks started. president trump already had a significant level of progress. and he's not getting the credit he deserves for it. allergies with sinus congestion and pressure?

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futures" with maria bartiromo, house majority leader kevin mccarthy says the rising economy should help republicans. >> the last time an administration in an off year had growth of six consecutive quarters in gdp over 4 per rsh, they didn't lose seats, they broke the trend and actually gained seats. arthel: getting go to garrett tenney. reporter: a booming economy always helps. but how much will it help. the gop leaders admit they will have a hard time maintaining controlling of the house which is what historically happens after a presidential election. the traditional gop stronghold of orange county, california where obama attended a rally yesterday. while he didn't mention

president trump by name like he did friday, there was still a shock by his successor. >> when you look at the arc of american history flips always a push and pull between those who want to look forward and those who want to look back. and those who want to divide and those seeking to bring people together. between those who promote a politics of hope and those who exploit the politics of fear. reporter: this morning president trump respond by tweeting a poll from jason chaffetz. all the economic indicators and what's happening overseas, president trump has proven to be far more successful than barack

obama. president trump is delivering the american dream. many of those up for reelection are in states president trump won. the president says he plans to be on the campaign trail as many days as he needs to be to help the gop hold on to as many seats as possible and eventually pick up a few in if the senate. eric: president trump raised the possibility of a partial shutdown of the federal government if there isn't funding for the wall. the wall remains largely unfunded to the level the president demand. senator lindsey graham warned against using the wall as a bargaining chip. >> the worst thing we could do in my view is shut the government down and be blamed for it. the last time it happened under

schumer's watch it didn't work out well for them. arthel: the budget deadline is staring us down', september 30. what do you think will happen? >> republicans are facing this deadline coming up quickly. leadership is con fir dent they will get the spending bill through. they are confident they will listen to them. it's unsure where he stands on this. he says he's acknowledging republicans' fears this would hurt them in the end. ultimately he wants that border wall. eric: mitch mcconnell says there is no chance of a government shutdown. the president seems to think after meeting with mcconnell and paul ryan, that they can work something out. here is the president speaking

with pete hegseth thursday in montana. president trump: i have a feeling the republicans are going to do very well. but we'll do it immediate lid after the election. i have the commitment from mitch mcconnell, paul ryan and everybody. we'll do it right after the election where hopefully frankly it will be easy because we'll have more republicans. eric: right now the senate funded $1.6 billion for the wall, the house $5 billion. that's a large number the president would want. >> it's not a matter of if we have this conversation but when. we know the republicans will have this conversation about the border wall and border security funding eventually. the president is saying he believes it may hurt them in the mid-terms if they have this before the elections. so what we have are leadership urging him, this won't bode well

for voters if they see we are having a government shutdown before the elections. the president doesn't want that to happen. he's nervous about keeping control of the house and senate. so i'm sure he's listening to them and hearing their concerns. if they are packaging it in a way saying we won't have as many republicans voted in. i am sure that's something they will take into consideration. >> they said quote passing spending bills would also bolster the campaign battle it's a dynamic that's puts the pits republicans against the democrats in the spending battle. does the president see policy successes as overcoming -- do they trump the opposition to him by democrats and others? >> that's a good question.

he knows ultimately from what he has been hearing from paul ryan and mitch mcconnell that this could have an adverse effect. but the president is under a lot of the pressure to deliver on this promise. it's one of the earliest promises he made. as we inch closer to the 2020 elections we know he will want to show his supporters to have delivered on this promise. his chance to build the wall it's one of the most of popular things his supporters will want to see. it's something he knows he has to get done. it will be interesting to see if he follows through. eric: do you think they will come teen accommodation so the president can completely fulfill that promise and build a huge wall? >> i certainly am not going to be in the business of predict what happens with that bordered wall. everybody has their own opinions

on what will happen. others say they are going to get more personnel down there as long as we have stricter border security. we know that the president has said build the wall, build the walt several times and his supporters want to see that. eric: we'll see wait is after the mid-terms. arthel: a new tribute to the victims of united flight 93 as we approach 17 years since the 9/11 terror attacks. how the new memorial will honor all passengers and crew members in sound. north korea marks its 70th anniversary with a massive military parade. make a smart choice. replace one meal or snack a day with glucerna... made with carbsteady to help manage blood sugar...

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pounding with a massive military parade today. this year the huge ballistic missiles weren't on display. that's been routine over there. their absence some say could indicate a softer message from kim jong un regarding his military and nuclear arsenal. republican senator lindsey graham reactedto all of this --o all of this. >> we have a chance to end this in a peaceful way for the first time in 30 years because of president trump. he's going to end their nuclear program one way or the other. eric: greg pakot is live in seoul, south korea. >> reporter: it was a military parade with a difference. no missiles, or at least not big ones. the events marked the anniversary of the founding of north korea. and yes, the central square was filled with thousands of troops, tanks, artillery, rocket

launchers, but no long or medium range missiles, especially ones with nuclear tips, capable of hitting the united states. instead, half the parade was civilians and love fest for north korea, banner, floats, ex tolling the country's economy, peace and reunification with south korea. presiding over it all was kim jong un. experts say this relatively low key parade is a sign he is still interested in pursuing nuclear negotiations with the united states and not wanting to offend the u.s. by flaunting the weapons they demanded he get rid of here's how one expert saw it. >> the parade sends a positive signal that kim jong un is not showing off his nuke his nukes. look, a lot of this is symbolism. a lot of this is politics.

>> reporter: still, it seemed that kim jong un was covering all bases. while china's president xi did not show up as expected, his number three did with a new u.s. envoy to north korea arriving in seoul on monday and a summit set for next week in pyongyang with kim and south korea's president moon, more diplomacy looms. let us see, eric, if we can unstick a very stalledded nuclear negotiation process right now. eric: we'll see what happens with that summit. greg, thank you. arresarthel? arthel: joining me now for more on this is christian white, a former state department senior advisor under president bush, both trump and george w. bush, so lots of expertise to tap into with you, mr. white. first of all, do you happen to know what's in the latest letter that kim jong un is having hand delivered to president trump and if you haven't gotten any leads on actual content, based on your expertise, what would you surmise is in the letter? >> i haven't seen the specifics.

i think it's probably a warm note, a positive note, just judging from the u.s. reaction and south korean reaction which has been fairly pos tip. i don'testify.i don't think it'. i don't think it's threatening. my guess it's an attempt by kim to redirect and create some momentum going forward and get past some of the hurdles that exist in talks. arthel: meanwhile, we've got this parade we're talking about without icbms, everything is choreographed and deliberate. the head of the chinese parliament present. what's the message? >> arthel, i think the main message is communists love pageants. we're down to what used to be called kremlinology in the soviet days when you would say this person is two individuals away from the general secretary and he was three individuals away from him last year so he is favored. you can get carried away with

message. it's probably a good sign. also a good sign that kim featured the military but also civilian workers and trade which shows he's focused on north korea's economy which is where we-the benefits we can bestow, an end to sanction, can make a difference. arthel: reportedly kim jong un claims to have perfected his nuclear arsenal enough to deter u.s. aggression and devote his resources to raising his nation's standard of living. so as you know, he also wants to be recognized on the world stage. so do you believe that kim jong un will denuclearize before the end of president trump's first term or ever, or will he play the game of nuclear charades until he gets what he wants? >> my gut instinct is this will work out. if you look at the past two administrations that tried this very hard, the bush and clinton administration, everything looked good and it came apart.

the thing that's different now is kim jong un and donald trump in an approach that's more direct, doesn't involve going you through beijing as an intermediary. it's direct from the united states to pyongyang. this could be a as far as. farce. before we were worried with talks that north korea was buying time in gaining a capability. it has the nuclear weapon. it has a missile. people doubt how reliable it is. they have demonstrated the long range, multistage ba ballistic missile that could theoretically hit the united states. arthel: how effective are diplomat particular talks to -- diplomatic talks? >> we've had a meeting of the minds between trump and kim about denuclearization. getting into the details is hard. it's simple what the disagreement is. we want, based on the past talks

which have failed, we want north korea to provide some sort of first of all accounting of all its nuclear activities and then starting to turn over some of its nuclear material, of which there is a lot. this is much more complex than, for example, the libyan nuclear program which is now in oak ridge, tennessee. the north koreans want some sort of sanctions relief and some sort of diplomatic signal before they start delivering goods. we need to basically sort of come to an agreement and also establish -- arthel: president trump has made concessions. he stopped the military exercises. i mean, so he has taken a step. he also gave kim jong un a big play on the world stage by standing next to him at that summit in singapore. >> i would characterize those more as gestures. concessions have come from the north korean side. they stopped nuclear weapons testing, stopped nuclear missile testing, they dismantled part of their nuclear test facility and part of their rocket assembly

facility. we're ahead in the accounting so far. maybe it is time for a gesture. there's been a cease fire that lasted 60 plus years, maybe we should turn that into a for mall peace agreement, then go on. i think what's important is to get the leaders basically to give their teams a kick in the butt and perhaps that's what kim is trying to do a bit with this signal with this letter. arthel: okay. so you're feeling optimistic. that's good. i think we would all like to have -- >> i give it a 51/49, we out ahead in this -- we come out ahead in this one. arthel: thank you very much. eric: after four days, this contentious confirmation hearings for supreme court nominee brett kavanaugh, well, they are over. but the controversy continues. some democrats and critics continue to charge that the president picked kavanaugh to protect himself from the mueller investigation. do they have a point? up next, we'll talk to a former clerk for judge kavanaugh. when my hot water heater failed, she was pregnant,

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eric: the brett kavanaugh confirmation hearings are over. after four days that featured democrats asking pointed questions of the supreme court nominee. chuck schumer talked about the kavanaugh hearing and his election earlier today. the senate minority leader saying this, quote, with the president who seems to want to overreach in terms of his power, kavanaugh of the list of 25 was the one who was most willing to allow the president to overreach. he said a president should never be investigated or subpoenaed. let's bring someone for a reaction to that who knows judge kavanaugh very well, roman martinez, he clerked for judge kavanaugh, is now a partner at the global law firm, laug, laffd watkins. do you think judge kavanaugh will overreach and bend for the

president? >> absolutely not. i think what the american people saw over the last week and what the senate judiciary committee members hopefully saw over the last week was a judge who is going to be faithful to the constitution and faithfully apply precedent impartially in every case. judge kavanaugh talked about himself and when asked to sum up his judicial philosophy, he said he was a pro law judge. he means he doesn't impose policy preferences. he looks at the text of the constitution, he looks to history and he applies precedent. i think with respect to his independence whether it's from the president or congress or anyone else, i think he's got a 12 yea12 year track record of hg everyone to account. eric: sheldon white called him the human torpedo you say he won't be a linebacker sacking mueller's team for the

president, but of course the democrats especially bothered by his view that a sitting president basically cannot be indicted or charged criminally. what's your sense on that? >> i don't think that's actually a correct statement of his view at all. i think what judge kavanaugh's recognized is that no man is above the law including the president and that the president does have to follow the law and that one of the things that the court versus to do in our judicial system is enforce the separation of powers and make sure that the president and congress are acting within their proper you powers. he's talked about the nixon case which as the viewers will remember, the famous case in which the supreme court required president nixon to turn over the watergate tapes. judge kavanaugh said that case was rightly decided. it's one of the greatest moments in american judicial history. why did he say that? he said it's because a shining example of the judiciary standing up to the president. so i think these attacks are misguided. i don't think they fully

understand or appreciate judge kavanaugh's record on this. if i could make one last point. judge kavanaugh was appointedded by president bush to his current position. and so we have a track record and what the track record shows is that in his first three years as a judge, judge kavanaugh ruled against the bush administration at least 23 different times. and so if you want to know how judge kavanaugh's going to be as a justice, you can look at how he's been as a judge. he has a track record independence from the president who nominated him. eric: that's interesting that he did that. you talk about his views. there's a minnesota law article in 2009 where he suggested, raised the possibility, before we show this i want to explain it, of a possible -- that congress should pass a statute that says the president cannot face civil suits and then i'll read this. that when it comes to criminal matters, the same thing, quote, congress may consider a law exempting a president while in office from criminal prosecution

and investigation. including from questioning by political prosecutors or defense counsel. even the lesser burdens of a criminal investigation including preparing for questioning criminal investigators are a time consuming and distracting. criminal investigations take the president's focus away from his or her responsibilities to the people. so that's what people are troubled by. that he has suggested that perhaps the president should not even be investigated, that would then raise the fact that the president should not even be investigated by mueller and this is what the democrats and other critics say. how would you respond? >> i think there are two important points on that first of all, that law review article was talking about a proposal that congress might want to consider. and so it reflected the fact that judge kavanaugh understood that under existing law, that was not the law in effect at the time. and obviously congress has not passed that law and so i think if anything what that article shows is that under judge kavanaugh's view of the existing statutes, the existing rules

that are in effect, that that's not the rule. and i think the second point which is also important to keep in mind is that with respect to the constitutional question, judge kavanaugh has not taken a position on the constitutionality of investigating or indicting a sitting president. if you look at what the justice department has said about this over the last 45 years, including administrations of both parties, most recently in a very long and thorough discussion of the issue by the clinton administration, the justice department's position has been the president cannot be criminally prosecuted. judge kavanaugh has noted there's an open question about that but he hasn't taken a position on that himself. eric: vice president pence thinks he'll sail through, so we'll see. thank you so much. >> thanks for having me. arthel: did serena williams have a point when she accused the umpire of a double standard during the women's u.s. open

finals. jim gray joins us next with his take on the explosive reaction that has both critics and defenders speaking out.

arthel: serena williams fined $17,000 following a very public and fiery exchange during the

u.s. open women's finals yesterday. take a look at this exchange. >> say you're sorry. then don't talk to me. don't talk to me. you're a thief, too. are you kidding me? because i said you're a thief, because you stole a point from me. i'm not a cheater. >> i don't cheat to win. i'd rather lose, i'm just letting you know. >> i've never seen it. you owe me an you apology. because i'm a woman, you're going to take this away from me? that is not right. arthel: sportscaster and fox news contributor jim gray joins us now. what happened, did the chair umpire make the right call or was he over zealous? >> over zealous, and wrong. carlos ramos, he's got a gold badge and if this was a gold stan dashed, gold must not be worth anything. you don't do that at any tomb.

he'time.he's had troubles in th. you don't take a game and you just don't impact a grand slam final. he's wrong. he's way out of line. arthel: it's ridiculous. now she lost. now what? she can't get that back. she can't -- i'm not saying that he's the complete reason, but let me not di digress. >> she was on her way to losing. arthel: i know. you're right. it still was wrong. billy jean king weighing in. she said several things went wrong during the u.s. open women's final, coaching on every point should be allowed. in tennis it isn't. as a result, a player was penalized for the actions of her coach. when a women she's quote, hysterical. she's penalized for it. when a man does the same thing, he's outspoken and there's no repercussions. thank you for calling out the double standard. more voices are needed to do the

same. would serena williams have gotten penalized the same way if she were a man? >> no, she wouldn't. there's other examples where it didn't. in this example i believe serena is correct and billy jean king is correct. not coaching in tennis, it's backwards. everybody is coaching everybody all the time. this goes on day in and day out. they ought to change the rules, do away with it. it's a dumb rule and it's not followed. for this guy to sit up there and -- arthel: i've got a hard out, sorry. naomi osaka, first to win the u.s. open. we're back at 4:00 p.m. eastern. eric: see you in three hours. what a game. delicious boost® high protein nuritional drink now has 33% more protein, along with 26 essential vitamins and minerals boost® high protein. be up for life.

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a fox news alert as we look live ahead at the 17th anniversary of the september 11th attacks. families and friends of those lost on flight 93 have gathered at what you can see is a very rainy day in shanksville, pennsylvania, to dedicate a bell tower to their loved ones and with that welcome to america's news headquarters from washington. we'll keep an eye there in shanksville and hard to imagine it was 17 years ago. >> it really is. >> so much has changed since then. i'm leland vittert. >> i'm kristin fisher. the bell tower is 93 feet tall. it represents the lives lost on september 11th, 2001. molly line is at the