of sexual assault and what will be done about it. so, stay tuned for that we have more for you at 4:00 and on "the five" at 5:00. thanks for joining us, everyone. i'm dana perino. here is shep. >> shepard: it's noon on the west coast. 3:00 in north carolina where what's left of florence continues to kill. among the latest confirmed victims a 1-year-old boy whose mom couldn't hang on to him. when the water caught her car. now, forecasters say in some spots the worst flooding is yet to come. >> they're talking about flying in food and water because of roads being blocked by floodwaters. >> shepard: ahead, a look at the devastation from the air. and reporters in the middle of it on the ground. let's get to it. >> shepard smith reporting live from the fox news deck. >> shepard: breaking news we are waiting to hear from president trump at any moment now. his first public remarks since we learned of sexual assault accusations against

his supreme court pick. reporters are with the president right now and he is speaking about other matters, i'm told, by the pool at this moment. but we'll soon know if he has anything to say about the kavanaugh fight. judge brett kavanaugh and his accuser both say they are willing to testify in front of the senate judiciary committee if necessary. the panel set to vote on his nomination this week, in fact, in just three days. 51-year-old christine blasey ford claims judge kavanaugh sexually assaulted her more than three decades ago while they were both high school students. she told "the washington post" newspaper it happened at a party when she was 15 and the now supreme court nominee was 17. she says kavanaugh was drunk, pinned her to a bed, groped her before she was able to escape. she says kavanaugh covered her mouth when she tried to scream. "the washington post" quotes her as saying the following. i thought he might inadvertently kill me. he was trying to attack me and remove my clothing,

unquote. here's what ford's attorney told "the today show" on ntsb this morning. >> he clearl she clearly consids this an attempted rape she believes if it not were the severe intoxication brett kavanaugh, she would have been raped. >> shepard: judge kavanaugh denies the accusation saying it reads and i quote this is a completely false allegation. i have never done anything like what the accuser describes to her or anyone else. because this never happened, i had no idea who was making this accusation until she identified herself yesterday. he goes on, i am willing to talk to the senate judiciary committee in any way the committee deems appropriate to refute this false allegation from 36 years ago and defend my integrity. on capitol hill, some republicans and democrats are pushing to delay the senate judiciary committee's vote, which is scheduled for thursday. the committee chairman, the republican chuck grassley of iowa said today that the accuser deserves to be

heard. but he did not mention whether he would postpone the vote. time will tell. peter doocy has more on the lawmaker's reaction ahead. first to the chief white house correspondent john roberts who is live on the north lawn. hi, john. >> hey, shep, good afternoon to you and white house pool still on national council of the american worker round table that the president is having in the roosevelt room. so far he has been talking about the economy mostly. i don't expect, i would be surprised actually, if he talks about this kavanaugh business because he has very studiously stayed off twitter and that is very unlike the president to do if he really has a mind to say something just about anything. judge kavanaugh has been here at the white house since a little after 10:00 this morning. i'm told that he will be here for pretty much the rest of the day as the white house and his confirmation team work on strategy for how to get them through this. kavanaugh, i'm told, wants to tell his side of the story, which he insists is not a story at all. that it never happened. there has been nothing in success saysive background

investigations of judge kavanaugh over the years to suggest that anything like this has been reported before. kellyanne conway spoke about that this morning in the white house driveway. listen here. he obviously has gone through six fbi vets can i assure you. sat on the bench 1 years. i think you have to weigh this testimonial evidence from dr. ford and from judge kavanaugh along with the considerable body of evidence as already in there about the judge's temperament, qualifications and character. >> at the same time, though, kellyanne conway saying that the world should hear from christine blasey ford. she should have an opportunity to tell her story and before the senate judiciary committee. now, where we go from here is unclear. senator charles grassley has been trying to work with senator dianne feinstein and peter doocy will talk more about this on doing some more interviews. here is the one thing i can tell you. the white house wants to leave this up to congress to figure out. what would the white house prefer? i think they are under the

understanding that anything less than a public hearing is going to leave too much unknown by the american public to ever satisfy at least certain people. so they're looking at some sort of public hearing, though they are worried that if had you an opennenned handed public hearing, shep, that could quickly spin out of control and become a circus. if they could get some kind of guarantee from the judiciary committee, that this will be a very tight hearing, i think that they would welcome that because they do want judge kavanaugh to have a chance to tell his story. but, at the same time, they believe that ms. ford should have a chance to tell her story as well. shep? >> shepard: john roberts live on the north lawn. while john was speaking, i was given word through producers who heard through pool producers at the white house that the president did, indeed, just speak on judge kavanaugh. the pool reporters are in the room for that in just a moment as they do each day after events such as, this they will play that video back for us and as they do, we will play it for you so you can hear it in context and with perspective.

some lawmakers from both parties are calling for the senate judiciary committee to delay its vote on judge kavanaugh as we have been reporting until they learn more about this sexual assault claim and there's one particular member of the judiciary committee who may make all of the difference. team fox coverage continues. peter doocy is live on capitol hill. peter, jeff flake is very much in the mix today. >> he is. but, senator chuck grassley is the one who ultimately has more say because he is the chairman of the judiciary committee. so, grassley says that kavanaugh's accuser has the right to be heard and if she will be heard it's up to him how it's going to happen. grassley is complaining that democrats won't play by the book. he has a statement. part of it says this. the standard procedure for updates to any nominee's background nomination file is to conduct separate follow-up calls with relevant parties. in this case that would intel phone calls with at least judge kavanaugh and dr. ford, consistent with that practice, i asked senator feinstein's office yesterday to join me in

scheduling these follow-ups. thus far they have refused. part of the reason, according to feinstein's statement is she just wants to jump right to a full fbi investigation. she says, in part, i support mrs. ford's decision to share her story and now that she has, it is in the hands of the fbi to conduct an investigation. this should happen before the senate moves forward on this nominee. if feinstein does not agree to help set up separate phone calls, one with kavanaugh, one with his accuser it is entirely possible the committee just plows ahead and votes to advance his nomination on thursday as planned. there is a bipartisan push to have both kavanaugh and his accuser testify under oath and it is very unlikely that the committee is going to move forward if they don't have all the republicans on board ready to vote yes for kavanaugh to send him to the full senate and that includes jeff flake who says he wants to hear more from mrs. ford. shep. >> shepard: some republicans, peter, say they are skeptical about the timing here. >> right.

including here in grassley's office because they didn't even know this accuser's name until yesterday which they find troubling since feinstein apparently knew this accuser's name and story six weeks ago. so all the republicans on the senate judiciary committee have a joint statement and part of it says this. it's disturbing that these uncrocket corroborated allegations from more than 35 years ago during high school would surface on the 50e6 eve of a committee vote since democrats sat on them since july. even though democrats had hours of televised opportunity to ask questions to kavanaugh and didn't. chuck schumer insists his side has been acting in good faith. >> senator feinstein did the right thing, because when a woman is abused, it is her prerogative as to how, where, why, when, if at all it should come out. >> if there is going to be a delay in the confirmation process, it will start here with senator grassley but if it's going to happen before thursday's planned vote, the time is really tight, because the senate is out

all day wednesday for yom kippur, shep? >> shepard: peter doocy live on the hill. thanks. here is a big issue here. there are 11 republicans and 10 democrats on the judiciary committee. one of those republicans is jeff flake. and jeff flake says, and i quote: we need to hear from her and i don't think i'm alone on this. before he is willing to vote yes on this. that would mean the democrats would win in the vote. normally you don't have a vote if you are the leadership and the party in power and you are going to get a down vote. there is a lot in the works right now. quick break before the president speaks about his supreme court pick on these allegations. we have that in a moment. our next guest says the pressure is on republicans to investigate these claims and that the pressure is enormous. that's coming up from the fox news deck on this monday afternoon. ♪ ♪ the dell vostro 14 laptop. get up to 40% off on select pcs.

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>> shepard: continuing coverage of breaking news as we await president trump's comments on judge kavanaugh after a woman accused the supreme court nominee of sexual assault. christine blasey ford says it happened more than three decades ago while they were in high school. judge kavanaugh says he denies it. both are willing to testify before the senate judiciary committee. that committee is set to vote on kavanaugh's nomination this thursday. this wednesday is out of the mix because it's a jewish holiday that leaves two hours today and tomorrow. let's turn to the axios reporter caitlin owens who is live for us now in our washington newsroom.

katelyn, good to see you. >> you too. >> shepard: i know there is a lot of discussion going on, especially among republicans on the hill about how to proceed. what do we know about those discussions? >> right now, chairman grassley as you said has put out a statement saying this woman should be given an opportunity to be heard for her allegations. he hasn't played his hand about whether or not there is going to be any kind of public hearing flushing this out. he said he is trying to set up a call. democrats said they don't want this to be a staff call. so, it seems like what happens at the judiciary committee we just don't know yet. although the vote is still scheduled for thursday. >> shepard: it looks perilous because quoting from jeff flake now. jeff flake of tennessee, in light of the allegations -- i'm sorry of arizona. jeff flake said and i quote if they push forward without any attempt with hearing what she has to say, i'm not comfortable with voting yes. we need to hear from her. i don't think i'm alone in. this he is not. all the democrats are with him on that. there is also this matter of think of it this way: this

is a sexual assault allegation. senators, one might argue, are not maybe the best qualified in all the world to investigate such a thing. i know when we had allegations within our company, our company brought in outside counsel. i know that cbs has allegations within its company. it has brought in two outside counsel. is there any suggestion of an independent investigation outside the bounds of this senate? >> no. not that i have heard. i mean i have seen the idea floated on twitter but just for the exact point you are making. you know, this gets back to, shep, first of all as you were saying, flake is not alone. senator corker, senator collins have said that they want more time to look at this. you know, senator blunt has made a statement today. but, i think the bottom line here is that this is so partisan. this is a sexual misconduct allegation against a supreme court nominee. you know, whether -- whether it's true or not, i think what we're seeing is that this has become so partisan and polarizing.

>> shepard: brum mentioned brite mentioned this in the last hour, listen. >> democrats will do everything they can to prolong the process fbi conduct some kind of a full investigation? remember that's where feinstein referred the matter and the fbi said we pass it onto the white house. they will want a pre -- have some preparation for a hearing, they will -- they won't agree to a hearing any time soon. >> shepard: a hearing that's scheduled for thursday. well, the president was asked about this matter just a short time ago at the white house. i told you the white house pool recorded it and now they are playing it back for us. let's listen. >> judge kavanaugh is one of the finest people that i have ever known. he is an outstanding i want electricity and outstanding out. thought understanding judge. not even a little blemish on his record. the fbi has gone through a process six times over the year where he went to higher and higher positions. he is somebody very special. at the same time, we want to go through a process.

we want to make sure everything is perfect. everything is just right. i wish the democrats could have done this a lot sooner because they had this information for many months. and they shouldn't have waited until literally the last days. they should have done it a lot sooner. but, with all of that being said, we want to go through the process. one thing i will say is that as i understand it, judge kavanaugh spent quite a bit of time with senator feinstein and it wasn't even brought up at that meeting and she had this information. so, you would have thought certainly that she would have brought it up at the meeting. not wait until severing finished and then have to start a process all over again. but, with awful it being said, we want to go through a full process. i have great confidence in the u.s. senate. their procedures and what they are doing. and i think that's probably what they are going to do. they will go through a process and hear everybody out. i think it's important. i believe they think it's important. but, again, he is one of the

great intellects and one of the finest people that anybody has known. you look at his references. i have never seen anything quite like it. so they go through that process and we will get it done. [multiple reporters asking questions] >> it depends on the process. i would like to see a complete process. i would like everybody to be very happy. most importantly i want the american people to be happy because they are getting somebody that is great. i want him to go in at the absolute highest level. to go through that you have to go through. this if it takes a little delay, it will take a little delay it certainly shouldn't be very much. again, this is something that should have been brought up long before. this they had the information in july, as i understand it. that's a long time ago. and nobody mentioned it until the other day. it's very -- you know it's very unfortunate they didn't mention it sooner. but, with all of that being said, it will, i'm sure, work out very well. you are talking about an

individual who is as high a quality individual as you will ever see. [multiple people talking at the same time] >> i have not spoken to judge kavanaugh. [multiple pee people talking statement] >> has he offered to withdrawn. >> next question that's a ridiculous question. >> do you think this confirmation is on track? >> i think is he on track, yes. i think is he very much on track. if they delay it a little bit to make sure everybody is happen? the republican senators want to be happy. they are doing it very, very professionally. again, this should have been brought up a long time ago. thank you. thank you very much. everybody. >> let's go. you are going to see on china today right after close of business we will be announcing something and it will be a lot of money coming in to the covers of-cougf

united states of america. you will be see after the close of business today. thank you. [let' >> shepard: the president speaking on the kavanaugh matter discussing process. he says if there is a little delay, there is a process. he wants the process to go forward. when he was asked if judge kavanaugh offered to withdraw. he said it's a ridiculous question. he didn't answer it one way or the other. back to caitlin owens, thursday, to hear it from most of the experts is pretty well shot now. >> shep, again, we don't have that information yet. but just looking at -- i mean, yeah, if they go ahead on thursday and if you assume flake has said he wants this to be delayed to get more information, if you assume that means he would vote no, i mean, republican leadership does not want to have an unfavorable vote in committee. >> shepard: no. >> if he could still come to

the floor for a vote and see if the votes were there then that would be a really bad look. >> shepard: senator feinstein obviously referred this to the fbi. can you imagine a world just as brit hume has suggested democrats say i want a full background done on this. before we have any hearings and talk to anybody, i want background on that. that would take time. they would get a report controversially and ask a confidentially. it's not a two or three day process if that's what's coming. we don't know if that's what's coming. sounds like brit's seems that's what's happening and that's what dianne feinstein wants to happen. >> that would take as you said, a long time. setting up a hearing for both these individuals to testify as they both said they would and it seems like a lot of people want -- a lot of members want to see that i mean that would take forever and that would be just a complete, i mean, it would be over the top. it would be crazy. and maybe that is what has happened. maybe that's what the american people want to see. you can just imagine the

political circus that would become. no, this process is extremely messy. i think we can say enough people and enough members of congress at this point they want to see something happen and some kind of formal investigation or some formal questioning take place. >> shepard: not the first time that members on the hill have wanted to delay a hearing until maybe it was more favorable conditions for them. i seem to remember it happening, yeah, last time. caitlin, it's good to see you. thank you. >> you too. >> shepard: we are expecting to hear from a critical republican vote in the kavanaugh confirmation process coming up 4:00 eastern time. just about 40 minutes from now. fox news will carry susan collins' comments live. we're also tracking the flooding emergency in the southeast. as hundreds still wait for help in the wake of hurricane now tropical storm florence. reporters spread across the carolinas. that's coming up from fox news. ♪ ♪ would be eligible today for a va home loan, so many do not know that.

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click, call or visit a store today. >> shepard: rivers and floodwaters have still rising in north carolina days after hurricane florence roared ashore. that's the warning now from the governor of north carolina. he says the danger is still mead in parts oimmediate in pars state. lumberton, north carolina, 60 miles inland from the coast. water so high some stop signs you see there. officials are blaming the storm for at least 20 deaths now, including a 1-year-old boy swept from his mother's arms in rushing water. more on that in a moment. helicopter crews and rescue boats saving the lives around the clock. coast guard rescue swimmers pulling this man and his dog to safety. they were stranded on the -- on top of a van in pollocksville, north carolina. 430 miles inland from atlantic beach. jonathan hunt is near monroe, north carolina where that one year old boy died.

jonathan? >> shep, this is the spot where 1-year-old kaedyn lee welch died so tragically. his mom was desperately trying to get away from the dangers of the storm but in her desperation drove straight into danger, she was traveling east on this road, shep, and the creek that is beyond us here was raging at that time, a couple of feet we are told, right across this road. you can see how strong it was from the hole that it has made, that this collapsed side of the road here. kaedyn lee we67, mom driving here. her got swept across this field that you are looking at right now and current delay car still lodged in those trees. difficult to see because the trees are pretty thick there. we are told by officials that kaedyn lee welch, his mom managed to extricate herself from the car. she was then reaching into the backseat getting kaedyn out of the car seat at that point she lost her grip in the raging waters and she

lost him m she was found at this kind of an angle sitting on the trunk waiting to be saved a few hours ago as we were here very sadly officers found the body of 1-year-old kaedyn lee welch. one of 18 victims of what has been, shep, an extraordinary storm. shep? >> shepard: jonathan, let's turn to todd taylor founder of the united cajun navy a group of volunteers use boats and trucks to help officials with rescue operations. he said his team helped save 250 people in wilmington over the weekend. good to talk to you again. thank you. what's it like out there today? >> today is a little bit sane. we are still getting a few rescues coming. in a lot of people have gotten out of the areas where the main water is. >> shepard: that's good to hear. the governor says the water is still rising in lots of places, can you lend an eye on that.

>> yeah, it's rising last night in leland we were over in leland last night. i have never seen water so fast in all my life. it's rising pretty fast. most of the people have gotten out of the areas right now from what we understand. >> shepard: our understanding of that is the rivers are flooding inland. and there is so much water going to the rivers from run-off that the water down river is starting to flood in areas and people are describing, as you just did, an incredibly fast water ride. hoifs is it? >how fast is it?>> being from le deal with it all the time. last night in leland i have never seen water so swift. i have heard about water being -- last night it was about almost a foot of water and we couldn't cross it was so fast. so it's definitely -- it's definitely swift water. >> shepard: what are the main needs now? >> the main needs now are just getting people aware if

you live in an area that may be prone to flooding, get out. that's the main thing right now. still looking at another two to three days of rising water in these days. if you live in an area that may flood, get out. >> shepard: mighty good advice. thanks so much to you and the whole cajun navy. appreciate it. >> thanks to you. >> shepard: todd terrell a up from a state of louisiana. bring you inside the town that had been cut off by the floodwaters and have continuing coverage as we approach the bottom of the hour and the top of the news. ♪ ♪

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a town where almost half the population is self-employed. this is stonington, maine, lobster fisherman is the lifeblood of this town. by 2030, half of america may take after stonington, self-employed and without employer benefits. we haven't had any sort of benefit plans and we're trying to figure that out now. if i had had a little advice back then, i'd be in a different boat today, for sure. plan your financial life with prudential. bring your challenges. >> shepard: floodwaters cutting off cities and towns across north carolina. show you a view small community near a river where folks have been trapped by the rising waters, i'm told. even wilmington, the city of about 120,000 people on a normal day was cut off. in the last two hours, officials say they have reopened a major route into

the city. some of the hardest hits areas this afternoon. rick leventhal live in obligoogden, north carolina outside of wilmington. i have been watching your live shots and knowing all heroes don't wear capes i understand you just rescued somebody from that pit. what happened? >> listen, first of all, this is not the most significant road closure in north carolina but might be one of the most dramatic. see where the water took out huge section of this back road up by -- it's hazardous because of the terrain and there was an elderly gentleman who was coming over to take a look at stuff. and i get he just tumbled off the edge. we have some locals over there water and other minor first aid but they are calling for more help now he is in for stress and pretty banged up. he took a tumble off the end of that concrete and roads blocked. barricades up. and some crews come through

here, shep, to survey the damages, but this thing could take weeks if not months to repair and obviously they have responsibilities not just here in ogden but across wilmington and the state. 1200 road closures in north carolina, including stretches of i-95 and i-40. major southeast northwest routes: road closures snarling things. this stiff womenton was cut off from the rest of the state for some time. they did reopen one road a main road that crews were bringing in food and water. that route now open. they are asking people to stay off it so rescue and work crews can get in. we had an elderly gentleman here had just tumbled off the end of this road here and middle sound loop road in ogden. he seems to be okay. but is he going to need some more first aid, shep.

>> shepard: man, the challenges. rick leventhal the challenges. the remnants not causing chaos on the coast. storm producing fayetteville, north carolina. it's about 80 miles west of the atlantic ocean. steve harrigan is live there hey, steve. >> shepard, the backyards are beginning to flood here along the cape flood river. we have been watching it this afternoon as large trees and other pieces of debris are moving down there pretty swift pace. there are real concerns this could reach record flood levels cresting tomorrow or wednesday. concerns that that could produce catastrophic flooding. now, there is a mandatory evacuation in effect. people were told on sunday they have to get out, but, as you can see up here, not everyone is getting out. some families like this instead are sandbagging their houses. they v. have been told they won't be rescued at the peek of the flood. moving valuable items up. police and rescuers have been going door to door to

warn people to leave. so many floods are flooded get out of here one place to another you almost need a neighbor or someone who knows the route to guide you so many down trees and flooded roads, shepard? >> shepard: steve harrigan. leland vittert is north and west of jacksonville. hey there. >> hi, shep, waters rose here so quickly people left with whatever they could. we went back earlier with josh of the fire department into those waters. at times it was somewhere between 6 and 10 feet 2k50e7. that means it was up to and sometimes even over the first stop of people's homes as we toured. we went for miles along the back roads of north carolina. this is what we found. these horses found the only high ground around. you can see the island they have taken refuge. we are in six feet of water

right now. josh can tell you that the flood wawshteds risfloodwaters . going to look for them. >> no dogs in the yellow house. as we came back we spotted these two guys right here who i would say are very excited to see josh. this story being repeated over and over again across north carolina. here are the two dogs. we have got them. this one is mom. and this one is one of her little puppies, no tags as a lot of dogs that are being rescued have. they have obviously not eaten for a long time no. water, shep. the good news is they got everybody out of all the houses of chinquaapin keep going back and try to check houses find animals and bring some people back to get a couple of pieces of valuables including like passports and those kinds of things. people had to lee so quickly now they are worried there could be a second flood

coming as there are additional rains still headed for this tip to town which would rise these waters even higher, shep. >> shepard: leland vittert with a couple new friends near chinquapin. what was once a hurricane tropical depression. that doesn't mean the threat is over. the flooding could continue for days on end. get the details. adam klotz live in the extreme weather center now, adam? >> a lot of the flooding going to continue is going to be from water as has already fallen as it works down into tributaries. here in the white 20 inches or more of rain. such a huge rainmaker we saw spots of the highest total there in elizabeth town across much of the state, all of that water has to go somewhere. that's going to be the big focus going forward. these are current river gauges. you see them spread out. everything in the purple those are colors where you are already up to major flooding. we are going to be talking about getting even more intense in the next couple

of days, shepard, this is just a big, big event and probably peaking on wednesday. >> shepard: adam klotz wrapping our coverage. breaking news straight to the floor where mitch mcconnell is speaking on kavanaugh. >> bring some accountability. we need it. >> chose to keep secret until the 11th hour. neither she nor any of her democratic colleagues chose to raise this allegation during the committee staff's bipartisan background calls with the nominee. they did not raise it even when the name -- even with the name redacted. in the 65 meetings. 65 meetings judge kavanaugh held with senators before his confirmation hearing including his private meeting with the ranking member they did not raise it. even with the name redacted. in four days of exhaustive

public hearings while judge kavanaugh testified under oath. even though they chose to raise myriad of other marries at the hearing, including some times bizarre innuendo. they did not raise it in the closed session. the proper forum where such an allegation could have been addressed with discretion and sensitivity. they did not raise it in the thousand plus follow-up questions as senators sent to judge kavanaugh in writing but now, now, at the 11th hour, with committee votes on schedule, after democrats have spent weeks and weeks searching for any possible reason that the nomination should be delayed, now, now they choose to introduce this allegation. not through the standard

bipartisan process. not by advising the usual area committee colleagues and committee staff through proper channels. oh, by leaking it to the press because out chain of custody of this letter runs through the democratic side of the judiciary committee that's the chain of custody i can't explain it any better than the senator from maine put it yesterday evening when she said if they believed judge kavanaugh's accuser, why didn't they serve us this information earlier so he could be questioned about i it? >> and they didn't believe her and chose to withhold the information, by did they decide at the 11th hour to release it? it's really not fair to either of them the way it was handled. well, as the senior senator from texas said yesterday or earlier today, the democrats have so egregiously

mishandled this up until now it's no excuse for us to do the same. just because the democrats have egregiously mishandled this, said senator cornyn is no excuse for us to do the same thing i'm glad that chairman grassley is following standard practice and regular order. and he stated he plans to pursue this matter by out book with bipartisan interviews with judge kavanaugh and dr. ford. i have great confidence chairman grassley and his ability to proceed through this process. >> shepard: well, there you go. that's the latest from the floor. there is going to be a lot more on this republicans are

trying to decide how to proceed. playing in public she deserves a hearing anyone in the me too era deserves a hearing. republicans have been almost unanimous on this matter. there is the interesting matter of what we see will see in the arc of history of this thing. orrin hatch is off. he spoke to -- over at cnn a little while ago, our people chad pergram called their office this is what senator hatch's office is saying quoting now senator hatch spoke to judge kavanaugh earlier and judge kavanaugh continued to categorically deny dr. ford's allegations. he told senator hatch he was not at the party or any party like the one that she describes. and that dr. ford, who acknowledged to the "the washington post" that she did not remember some key details of the incident may be mistaking him for someone else. that from orrin hatch. so as republican try to figure out what to do regarding a hearing. jeff flake of arizona, republican of arizona retiring but one of the republican members of the

judiciary committee says look, i'm not comfortable with a yes vote until there is a hearing of some sort there are 11 republicans and 10 democrats. he wouldn't pass through the senate judiciary committee. so there is that matter. it could go straight to the floor. is this live? no, that's september 4th. could go straight to the floor for a vote. that would complicate matters. is there a behind closed doors hearing of some sort where in both the accuser and the accused speak in confidentiality outside the public view? i hear you. speak outside the public view to the senators in question who will be making these decisions? or will there be a need for transparency for a myriad of different reasons, not the least of which the political optics of such a thing. that's where they are. our peter doocy covers capitol hill for us. peter, i don't know if you have a clue yet or have been

given an indication whether they have decided on a way to proceed just yet. they haven't yet, shep. a few minutes ago mitch mcconnell was on the floor of the senate. he is defending kavanaugh. they are sticking by their nominee. so, the leader of the senate for republicans does not seem to have any indication or is not giving any indication that he plans to pull or delay anything from his end and the last update we got from senator grassley who we haven't seen today but we are told it's his birthday and here at 6:00 in the morning and been doing other things is that grassley, the chairman of the judiciary committee is waiting for dianne feinstein the top democrat on the committee to get back to him so that they can go through regular order. he just wants to get kavanaugh on the phone. he wants to get kavanaugh's accuser on the phone separately and get both sides of the story that this

accuser came forward with in july in her letter to dianne feinstein before they do anything. if those phone calls give grassley information or raise new concerns to grassley where he says you know what? we need to slow things down, we need to delay the planned thursday vote, then they want to do it. or then it is possible that they would do it. but, until he hears back affirmatively from dianne feinstein that they can at least get a little bit more information than what's been reported in the press, then he is really just keeping his cards close to the vest and the office is also pointing out they didn't know this accuser's name until yesterday, when it was reported. so, they're learning everything basically at the same speed that we have and trying to get a little bit more help with their democratic partner. so far complaining they are not getting it, shep. >> shepard: we are waiting to hear from susan collins

peter whom you and your team informed us they will be speaking in a matter minutes now. do we have an idea what to expect from her? >> >> so far we have heard from her on twitter she says she wants kavanaugh and accuser to testify under oath. as you were just saying we don't know whether that would be something where they testify and meet with lawmakers behind closed doors and swear everything they are saying is the truth or if they would have a similar hearing to the one that they had a few days ago here in the heart senate office building where they just give lawmakers an opportunity on television to have at it with kavanaugh or his accuser. so, we don't know what exactly she is going to say but, she is going to -- she is presumed to be asking for them both under oath. shep. >> shepard: peter, our recent experience has been when these sorts of hearings come along they often devolve into or begin in a

state of devolvement or devolution into something that's just entirely political. partisan and political, many would suggest in this case designed to delay. the democrats have made it clear what they want to do all along aside from this issue, they want to delay this in hopes that this could be delayed in some ways until after the mid terms. we know that's been their goal. now this comes along and you heard orrin hatch -- or mcconnell say on the floor there, they knew about this, senator feinstein knew about this and could have talked about it behind closed doors. why didn't they? asking -- without asking was this just an attempt to delay. and you wonder if that point will be well-taken. >> depends on how are asking whether or not it's going to be well-taken it is important just for context that the 10 democrats on the judiciary committee who are now calling for a delayed in

the proceedings and a delay to the thursday vote all 10 of them have already said they were going to vote no on kavanaugh. there was no mystery there. right now what republicans are worried about is that jeff flake, one of their own, a republican is saying i want to hear from mrs. ford as well. and so, what you are getting right now is republicans are saying just like democrats. we want some more information. but the republicans want it out quickly. if they can help it, they don't want to delay this hearing on -- this vote on thursday whereas democrats say just delay it indefinitely, let's have an fbi investigation. something that nobody is talking about though is how long an fbi investigation will take. sometimes those things take years. shep. >> shepard: peter doocy on capitol hill. peter, thanks very much. it's all evolving before our eyes and we will watch it for you and report as the matters come up. as i said, susan collins is going to be one of the key voices here from the republican side. she is scheduled to speak in just a few minutes. we will carry that live as

the news rolls on on a mopped afternoon. ♪as ♪

>> shepard: fox urgent now and district attorney in texas is just wrapping up a news conference on accused serial killer. the prosecutors say worked with the united states border patrol. the investigators say he confessed to killing four different women. they say the suspect juan david ortiz targeted victims who were vulnerable and that he killed them in a cold and callus way. william la jeunesse listened to the news conference and is live with us with an update. >> pretty straightforward. this border patrol agent picked up suspected prostitutes, drove them outside of town shot them in the head and dumped their body. police did arrest 35-year-old david ortiz early saturday. of a 10 year veteran of the border patrol. police say he confessed and

he is telling him what he did and how did he it police found his first victim 29-year-old melissa ramirez two weeks ago dumped on the side of the highway. a second victim a week later. deputies got a break on friday night when one woman who was with him got suspicious. she jumped out of his truck at gas station and told a state trooper. or tease got away but later that night police say he killed two more suspected sex workers but they had a lead. cornered him in a parking lot saturday morning said he hoped to die in suicide by cop. fourth border that central agent for this year the other for murder, assault and theft. officials warn his reaction should not reflect on the border patrol. this is a rogue individual: border patrol has a force 20,000, close to 6,000 in this region of south texas.

the action does not reflect the work done by the men and women of border patrol. >> right now is he being held on $2 million bail as investigators try to reconstruct his life and determine any motive. shepard? >> shepard: william la jeunesse live. thank you. we are expecting suture collins is speak on the senate floor on judge kavanaugh's combings and the rest. that's coming up right after this. only half the story? at t. rowe price our experts go beyond the numbers to examine investment opportunities firsthand. like e-commerce spurring cardboard demand. the pursuit of allergy-free peanuts. and mobile payment reaching new markets. this is strategic investing. because your investments deserve the full story. t.rowe price. invest with confidence. i can do more to lower my a1c.

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new york city after nasa introduced it to the world 42 years ago today. should news break out we will break in because brans breaking news changes everything on fox news channel. "your world" with neil cavuto is coming up right now. ♪ >> neil: this is fox news alert. i'm neil cavuto. senators moments away from issuing a statement on judge brett kavanaugh maine senator republican susan collins reportedly wants to hear from the judge and the woman accusing him of sexually assaulting her when they were both in high school decades ago. she is not alone. other senators including arizona republican jeff flake have urged putting off thursday's planned judicial committee vote until they hear from christine ford now 51 years old. for his part judge kavanaugh emphatically wants to deny the charges himself. he was seen at the white house today for quite a while. blake burman and more. >> what a day it's been at the whou