possum pound. congratulations they had gone 600 days without a win. leads them back to a victory. tough luck, jets fans. >> "fox & friends" starts right now. have a great weekend. thanks for joining us. >> brett kavanaugh is one of the finest human beings you will ever have the privilege of knowing or meeting. >> the senate has a responsibility here. they have to make sure it's fair and they have got to take the politics out of this situation. >> judge kavanaugh does not have the burden of proving his innocence. he has said he was not present. >> we have to get out for the mid terms. promise me. don't be complacent. the new platform of the democrat party is radical socialism and open borders. i won't allow the united states to become the next venezuela. >> the president's attorneys come closer to an agreement with mueller. the president has ordered the declassification of documents. >> anyone who said there isn't politics in the

intelligence community ought to read these emails and read these text messages. >> it has to come to an end. it's so bad for our country. i call it the witch-hunt. >> the browns win, the browns beating the new york jets 21-17 for first win in almost two years. ♪ you know i love it when you get your shine on ♪ steve: live from new york city, friday, september 21st. it's "fox & friends." ainsley: it is. it's a friday. ed is filling in for brian today. glad to have you here. ed: thank you so much. happy birthday a day late. ainsley: thank you so much. it was a wonderful day. thank you for all the happy birthdays on social media. i felt -- it was really fun. i stayed up really late. i stayed up until about 11:57 last night until the very end. and it was just awesome.

so thanks for making it special. ed: it's awesome. you probably got a chance to see the president then because sean had him live on the fox news channel. ainsley: did i. brian: rally in las vegas. steve: out there to rally the g.o.p. base to get out there and vote for dean heller. he was appearing at the convention center in las vegas. in addition to campaigning for him, also campaigning for congressional candidates crescent hardy and danny tarkanian and republican candidate for governor adam wax all theualt. he made it very clear politics is on his mind and a lot of politics regarding the kavanaugh. >> i think it's a very bad situation. he is outstanding person. and frankly, sean, to see what's going on is just very, very sad. you have say why didn't somebody call the fbi 36 years ago? i mean you could also say when did this all happen? what's going on? to take a man like this and

besmirch. with that being said, let her have her say and see how it works out. i don't think you can delay it any longer. they have delayed it a week already. sean: and you have been been very accommodating. >> i have been accommodating. i said let her say what she has to say and see how it all comes out. buff they have delayed it a week and they have to get on with it. steve: big question is it sounded like, until late last night it sounded like the hearing was going to be monday and if she didn't show she wasn't going to show. mr. kavanaugh made it clear he would come. but, if she didn't talk, why would he show up. then, as it turns out, her attorney, ms. katz called the committee and they talked for about half an hour and they started negotiating an appearance which is unusual for a congressional testimony. ed: started with the accuser saying she wanted to be heard. and so the republicans have spent the last week okay we want to hear you. let's have a hearing on monday. and she didn't initially want to do that. and now you see her team

trying to dictate the terms of that testimony. ainsley: they have listed a few terms. they say she will only talk, she has agreed to be interviewed by the committee only, no questions from lawyers. says that judge kavanaugh cannot be in the room when she is testifying. and that judge kavanaugh has to testify first. >> steve: the reason accord ing to "the washington post she doesn't want any lawyers asking the questions because her attorney doesn't want to make it look like she is on trial. and also she would like to have the optics of all these men asking her questions. ed: men all republicans. men ganging up on dr. ford whereas if you have lawyers brought, in obviously the republicans would bring in male lawyers and female lawyers and spread it out a little bit. it would be a different optic. ains judge napolitano was on yesterday he said you won't hear from him first and the accuser first and then he can defend

himself. never recommend that he talk first. he sent a letter to senator grassley. thank you for the invin a invitn to appear before the senate judiciary committee september 24th. i will be there. steve: i continue to want a hearing as soon as possible so i can clear my name since the moment i first heard this allegation. i have unequivocally and categorically denied it i remain committed to defending my integrity. steve: a high ranking person in the senate did talk to the "the washington post" last night. they said the idea of having mr. kavanaugh go first is a nonstarter. that doesn't make any sense. we should also point that dr. christine ford's attorney says monday, not possible. might be able to do it later in the week. so, where we stand right now, is she has set out these negotiating points where she would like them met.

apparently chuck grassley is going to poll -- talk to the audience of his colleagues and figure out where to go from here. will it be monday? doesn't look like he would be there. will it be tuesday? kavanaugh says he is ready to be there anywhere, any time. ed: judge kavanaugh deserves a right to defend himself after hearing what the actual accusations are. he hasn't actually heard it he has read a story in the "the washington post." has insisted he wasn't at this party that allegedly happened. ben shapiro was talking about how there seemed to be different standards. why it s. it that the rah cufer's word seem to have more weight in political debate than judge kavanaugh's denial. >> the idea that justice, truth and guilt and innocence, these things can be decided simply to appeal men are bad and women must always be believed? it's absurd. you have to have some standard of evidence before you destroy a man's life. you have to give him a chance to defend himself. democrats are saying if he

defends himself he is insulting the woman. demonstrative of the fact in we wanted to get to the truth if democrats gave one crap about this. democrats would be putting this woman in front of a hearing calling whatever witnesses they could and attempting to bolster her case. they wouldn't attempted to hide her and suggesting any questions ask are undermining the justice system. steve: accord ing to "the washington post, her attorney wanted to make sure reporters were kept at a stance from her when she testifies also concerned about her safety. i hope you realize she has been getting death threats. ed: judge kavanaugh's family has been getting vile emails. some of them were released yesterday and death threats as well. neither side should be dealing with that kind of nonsense, horrible. ainsley: i really hope that she does agree to talk so we can hear her side of the story and hear his side of the story. any of the alleged witnesses they have said that they are not going to be testifying.

steve: sounds as if the ford team wanted to subpoena some of the people like mark judge and others and they said we are not going to subpoena anybody else. john cornyn, the senator from the great state of texas said no more witnesses. we had a hearing. that's what i call hijacking the regular committee process to accommodate political interest. there was one other factor, and i'm sure being down in washington yesterday, you saw the fact that a fellow by the name of ed wheelen one of the clerks for antonin scalia and supporter of judge kavanaugh he looked at what christine ford told "the washington post" and figured out okay, these people were named, these four people, where did they live? and looked at what she had said. and figured out what house it may have happened at because it was a house closest to the golf course and then realized whose house it was and looked at a picture of the young man who lived there at the time who was classmate of mr. kavanaugh's. put up side by side images,

they look a lot a like. ed: is it a case of mistaken identity. dr. ford put out a statement she knows the difference between judge kavanaugh and the other man: we were teeing um. this is going to be a real clash of ideas. they are are going to talk about abortion. they are going to talk about gun rights. all these big things before the high court. and what happened before dr. ford came out? they had those three or four days of confirmation hearings. from the opening moments, it was resist. it was protesters screaming, shouting down dr. kavanaugh and senators. spartacus moment. all of that was a circus before we even got to this. instead of hearing from this woman, instead all the focus has been about politics and all of that instead of the actual substance of the allegations. ainsley: those were her terms. her attorney gave those three terms. the last term is kavanaugh should be questioned first. he might say i don't agree to that i need to hear what she is accusing me of exactly before i can go under oath and say this

didn't happen. he needs to hear from her first. that might be -- some people are saying that's a political stunt. she is actually saying that because she actually is not going to talk and that will be her reason because kavanaugh is not going to testify first. we have to see. steve: i don't think it's up to kavanaugh. it's up to the senators. it will be interesting to see how chuck grassley and company and even the senate majority leader because there is some suggestion that he saw one of laura ingraham's tweets last night. he might be thinking about moving the hearing to the future. ainsley: not up to kavanaugh it's not up to her either. it's up to the senators to make the rules. steve: it's a negotiation for them to get her. ed: we are hearing it may be pushed back to next thursday. we will see where it all goes. ainsley: turning now to more headlines starting with a fox news alert. while you were sleeping, a suspect is shot dead in a police shootout in miami. we want to warn you the video you are about to see might be disturbing. [gunfire] >> oh my god. what is that?

[rapid gunfire] ainsley: unidentified man shooting at police and the fbi with ak 47. during an investigation near miami international airport. no police officers, thank goodness, were hurt. it's unclear why the man was under investigation. the fbi's terrorism task force investigating after a student pilot is charged with trying to steal a plane. nigel accused of hopping a fence and sneaking into an empty passenger jet orlando. forced tackle him and take him off the plane. right now the motive is unknown. originalfully trinidad -- reality tv star says he has a hot lead on the pennsylvania man has been on the man since june after writing a facebook post about shooting president trump. investigators think that he

might be in ohio after abandoning a stolen truck. dog tells local reporters he wants to convince christie to surrender. the cleveland browns break their 36th game losing streak 21-17. marking their first win in almost two years. is that number correct? ainsley: 335 days not games. finally unlocking bud light victory fridges handing out the free beer. the beer maker promised free beers for everyone after the brown's first win of the season. fans celebrating as if they had won the super bowl. ♪ we are the champions ♪ we are the champions ainsley: finally. ed: one game of the. ainsley: tweeting we won wait, oh, god, the free beer

thing. okay, cleveland. stay calm. go browns. tom says haven't even left downtown cleveland and i saw three fans passed out on the sidewalks. steve: very bad news. ainsley: every single day, sorry, joel. [laughter] ed: police did say take uber. don't drive drunk. ainsley: absolutely. steve: on this friday he has been out of the league for nearly three years after kneeling during the anthem. collin kaepernick is perhaps about to sign with a team. we will tell you what we know. ed: a man charged with murdering a jogger now behind bars. >> her wedding dress. i never imagined that dress was the dress for her burial. before nexium 24hr mark could only imagine...

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mike and jen doyle? yeah. time for medicare, huh. i have no idea how we're going to get through this. follow me. choosing a plan can be super-complicated. but it doesn't have to be. unitedhealthcare can guide you through the confusion, with helpful people, tools and plans. including the only plans with the aarp name. well that wasn't so bad at all. that's how we like it. aarp medicare plans, from unitedhealthcare. aarp medicare plans, this is john, and i'm with pactel cellular in los angeles. well, welcome to the demo... (danny dichter) in 1989, a new wireless technology was being tested for the first time ever. it allowed more users to connect at the same time while on the move. other wireless carriers considered the tech too expensive, but we saw it as the birth of reliability and the backbone of a company we all know as verizon. so we were the first to commit to the cdma system and the first to build our entire network around it.

today, once again, we're transforming reliability as we know it, building america's first and only 5g ultra wideband network-- with unprecedented capacity, enabling faster speeds and the lowest latency anyone has ever experienced on a wireless network. which is crucial, because we'll be relying on it more than ever. (man) it's really quite impressive, uh, what y'all have put together here to, uh, to show the quality of the system. steve: here is a story we have been following a female jogger stabbed to death on a d.c. street days after she got engaged. this surveillance video showing the moment wendy martinez stumbled into a nearby restaurant seeking help. ed: police in less than 48 hours they believe committed such a senseless act. jillian is down in d.c.

she has been following this story and talked to the family yesterday. jillian, what's the latest? >> that video that surveillance video is really graphic to watch. and all thanks to good policing, surveillance video as we mentioned and tips. the police were able to arrest 23-year-old anthony crawford in a short period of time in a senseless act can't explain. they say it's so random and unprovoked. we spoke with her family in the very place where she had her final moments. >> >> her wedding dress -- i was here last weekend we went to the store for that reason. i never imagined that dress was the dress for her burial. my daughter was very loving. she had a lot of dreams and she loved her community and she was very proud to be a latina? jillian: what do you think

the speakers and flowers. >> appreciation. >> over the course of my 30 years in policing, this does not happen. this type of thing really doesn't happen hardly at all. almost never. i have a little bit difficulty talking about this in detail. the injury that she suffered was very, very serious. there were multiple witnesses that were on the scene that had given us a description that was consistent with the person of interest in the video. >> people have cameras all over their homes nowadays. police need that. >> police needed it. a new valuable tool that police officers used in their various investigations. >> jillian: also good policing. >> what we found here was washington's finest. what you had was beat police officers who knew the community. what you had were detectives who knew how to conduct investigations. and you had citizen involvement. those three was a concoction that led to a suspect in the

murder here of wendy martinez. >> one of the things i would like to say it was really kind refreshing to see that the people who saw her in this very serious condition, their first thought was to try to help her. the only thing that we can do is bring some closure to the family and then make the community feel safer. when we take a person like this off the street. >> the outpouring of support for your sister, what's it like. >> it's incredible. something i would have never expected. honestly it's one of the most beautiful things i have ever seen. that's why i can't lose my faith in humanity. jillian: her family honestly so strong at this moment. they say prayer has been pulling them through saying her life was a true testament of their faith and belief in the lord. he haded what he a strong family. steve: obviously that video we put out and everybody else put out probably cracked the case because you could clearly tell a lot about the person. ed: a lot coming up. ainsley: brett kavanaugh's accuser setting her own

terms to testify before the senate. what happens if she talks publicly and actually nomination. the potential impact on the mid terms coming up. ♪ waze integration- seamlessly connecting the world inside... with the world outside... making life a little... easier. introducing the well-connected lincoln mkc.

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steve: 6:24 in the morning on this friday. quick headlines for you. abortions will soon be free in the country of ireland. the announcement comes just one day after the country repealed its ban ons procedure. irish women used to travel to europe to get abortions since it was made illegal in 1983. the new free procedure could be available as early as january. tijuana, mexico taking a page out of san francisco's playbook focusing more on the environment than on their crime rate. the city banning plastic bags. the move comes as the murder rate skyrockets shattering

records with nearly 2,000 homicides so far this year ainsley next. ainsley: kavanaugh accuser's legal team letting out a new set of terms before christine ford willing to sit down with a interview. ed: she is willing to sit down with the panel as long as no lawyers are involved in the question. brett kavanaugh is not in the room, and that he is questioned first before her. ainsley: here to react is this is ron, -- just neil gorsuch before his confirmation hearing. thank you so much for being with us, ron. >> thanks for having me. ainsley: going through different scenario. let's say the president says you know what? we only have four more weeks until the midterm elections. kavanaugh is being questioned. we don't have enough time to get him through, let me nominate someone else. do we have enough time if he decides to do that to nominate someone else and have them confirmed before the mid terms. >> that's really unclear. i don't know if there is going to be enough time.

what it will definitely do senner jiz conservative voters. they will be very angry that this seemed like that this came out of nowhere. senator feinstein delayed sending this letter over and we are in the situation when this issue could have been brought up during testimony. and brought up in a variety of ways throughout the process. this unorthodox charge and the circumstance led to the situation. definitely fire up conservative voters in a variety of states and help us win seats. ed: we have seen republican swing votes like susan collins who were not going to be there graph stating towards him they were upset dr. ford's team said they wanted to be heard and then didn't appear like they were going to show up next week at all for any kind of testimony. have you got to come forward and talk. what if she does talk, dr. ford, and is very effective? could that be devastating with some of these swing

votes. >> if she does talk and very effective, right. this is a jump ball. she is very effective then it's going to be a jump ball. then senator collins and senator murkowski of alaska, you know, and a few other republican senators may decide to vote no. and if that's the case, then we have a big problem. it's hard to say. she may have holes in her story. she may not recall the events that were understandably she may not know where she was at those type of things could sink her testimony as well. ainsley: she is being from what i'm reading from articles dr. ford is being prepped by the same person that prepared anita hill. do you know more about that? >> you know, the delay tactics, the demand, putting out demands on the testimony, having a political aid from obama and clinton years that just smacks of politics.

that's the big mistake on her part. she should just be confident, come forward, present her testimony and let the senate hear it instead you get this delay tactics and that puts a scent of politics around the whole thing. ed: last scenario we heard yesterday sheldon whitehouse the senator from rhode island who has been very aggressive in his questioning of judge kavanaugh in the judiciary committee as saying even if the witness, dr. ford, ends up not being effective and kavanaugh is very effective and gets confirmed, senator whitehouse is saying if the democrats take the house and maybe the senate, they will investigate justice kavanaugh. they will launch investigations so this resist movement will continue once he is on the high court. >> that doesn't make any sense to me. because he will be confirmed. supreme court justice. he will be a giant waste of time. you can't get rid of a supreme court justice. you can investigate all you want, but, what's that going to do? i think it's just rhetoric

to feed the left and to keep them happy right now before the election because i think kavanaugh is going to get through. i think is he going to get confirmed. these delay tactics and demands and stipulations feels like she may not testify. and if she does, we have to see what happens. you know, right now, it smacks of politics to me. ed: we appreciate your insight this morning. >> thank you. ainsley: democratic darling beto o'rourke is saying this. ainsley: new jim crow, dymon and silk. ed: michael moore made a huge promise on his movie. somebody better start packing his bags. ♪ ♪

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>> the forces opposing us in washington are the same people who he scwawnd scwawnsquandered trillions of dollars overseas. the wealth hits industry of the world. corrupt globalism. i'm the president of the united states. i'm not the president of the globe. [cheers] >> we are making america greater than ever before. steve: there have you got the president of the united states on live here on the channel last night. he was out in vegas. let's go out to diamond and silk world headquarters. of course they have been to many trump rallies. ladies, what did you think of the president last night

in sin city? >> amazing. >> he has been consistent in his efforts to make america great again so now we have to keep america great. we keep america great by going to the polls and making sure we volt republican. making sure we hand to the polls and send a message to washington accepted a message to the left that their antique won't be tolerated. ed: how democrats should not taken for granted the support of african-american voters. beto o'rourke taking on republican ted cruz. we have already heard anti-police rhetoric for years going back to the obama administration. it sounds like he is taking it to a new level. listen to this

ed: what do you think about, ladies, the new jim crow he says in terms of police officers? >> first of all, the democratic party is the epiphany of the new jim crow day. these left leaning liberals, that is who owns the jim crow day and they subject that on the will of the american people. steve: why do you say that? >> well, here's why i say that whenever you have these left leaning liberals that all different entities and they discriminate against you, based on the color of your politics, that's the new jim crow day. >> that's right. >> whenever have you social media platforms owned by white liberals that discriminate against you because you are patriotic. >> that's right. >> to blame people who protect and serve our country to blame them that's

wrong. the democratic party was the one delay thed the jim crow day and now we are living in a new jim crow day because of them. ainsley: in other news, ladies, back in january of 2017, the president implemented the travel began. well, there is now word that google, they got together, they were talking about the search functions and they agreed -- it actually didn't happen, they said but they were talking about changing the search function. steve: tweak ago littltweak ago. ainsley: how to contribute to law organizations and how to agencies. >> if they were going to do that, what haven't they already done? manipulating colluding together in order to stop something? i mean, it's very, very sad. you know again i'm not for big government. our government step in and break up monopoly.

>> that's right. >> these people have the capability of controlling the masses and telling us what we can and cannot see. y'all, i'm sorry, that's scary, that's dictatorship and we are going to have to shut this down. >> sad thing, it's the same thing that they are blaming russia for doing, they are doing. they are the one that is interfering in elections and they are the ones that should be prosecuted to the full extent of the law for doing it? >> that's right. steve: you know, ladies, they always whether it's google the search engine or the social media companies, they always say, you know, we may lean to the left, you know, we are in california, whatnot, we are right down the middle they are able to hide behind their mysterious algorithms. we don't know how they work. we trust them. yet when we saw the heads of those companies in capitol hill, you get a little squeezy thinking they are doing a lot of apologizing for things that they made mistakes over in the past and maybe they still have their thumb on the scale.

>> there is no such thing as a mistake. they are doing this deliberately to win an election. we have to continue to call -- diamond and silk told you all what was going on back in april. we told you on the hill what was going on and now it's proving itself out. ainsley: how effective do you think it is? do you think it really influences an election? >> what they are doing, yes. whenever they try to see you lens people's voices, try to see you lens conservative voices, anybody that tags president trump in their facebook posts, now they want to make sure you are not a russia bot trying to make sure diamond and silk are not russia bots we have to verify ourselves on the verify page. >> being featured in a movie the dummy class, dummy class the movie. they won't let our video garnered 10,000 views. we have over 1.7 million followers. ed: your voices diamond and

silk have ♪ been silenced even by that hurricane. we know you were displaced a little bit. we are glad you are safe and sound. we are thinking about the people of north and south carolina. thanks for coming in. >> thanks for having us. ainsley: thank you, ladies. have a great weekend. turn to other stories. u.s. ambassador to the u.n. nikki haley opening up about the "new york times" botched story on the state department spending over $52,000 for curtains in her u.n. apartment. >> i hadn't even taken the job when these curtains were picked out. the idea that this came out, we told the reporters that these were the facts. they knew the facts and released it the story anyway. >> ironically just this week the "new york times" sent out a tweet for people to flag them for false information ahead of the mid terms. take a look at this, a police officer saved a woman for getting hit by out-of-control truck saved her just by inch ires. that cop checking on the woman after she was involved in another accident when the

truck comes speeding around the bin that was close. >> disgraced former nfl quarterback hinting at a return to the football field. >> i would just say stay tuned that next week there may be news. >> mark geragos suggesting to tmz sports to the radars and patriots could be interested in signing kaepernick. comes as harvard university prepares to give anthem-kneeler thkneeler an awa. past recipients include muhammed ali and oprah winfrey. michael moore says he will move to canada if his new anti-trump movie gets too much backlash. >> how the [bleep] did this happen?

>> fahrenheit 11/9 opens today and compares the president to hitler. moore tells the canadian press he hates democracy and quote i want us to survive this but i can't make any guarantees that that's what's going to happen. several celebrities vowed to leave the u.s. if president trump won the election there is a picture of all the ones that said they were going to leave. did any of them leave? steve: they are still here. janice dean a crazy week for weather. she is outside our world headquarters and pretty nice started to this friday. janice: it's a beautiful day here in new york city. we are starting to feel that fall air move. in by the way first day of fall officially arrives tomorrow. let's take a look at the maps and show you where we get cooler air 67 in new york city. 82 in chicago. that's ahead of a cold front. big old cold front that's moving through that brought severe weather across the you were midwest and will continue to bring heavy rains across the ark-la-tex, parts of texas, oklahoma and

arkansas. several inches of rain in a pretty short period of time as that front remains stationary. we will watch that as it moves across the mississippi river valley. here is the next three days. the good news is we are going to remain dry across the carolinas but those rivers are going to remain at major or historic flood stage. there is your forecast today, rain across the southern u.s. and then we will potentially see severe storms over the great lakes and the interior northeast. it is the first day of fall tomorrow evening at 6:50ish p.m. back inside and ainsley did you have a wonderful birthday? ainsley: i did. thanks to you and so many others, janice. it was a great day. ainsley: we have to make it an official holiday. steve: it was yesterday. ainsley: i'm looking up wbe deboyd, a civil rights activist and one of the founders of the naacp. god bless him. now we know. steve: 18 minutes before the top of the hour, president trump blasting lawmakers on both sides for not giving him money to pay for the

wall. >> because of the democrats' obstruction, only 1.6 billion, we could knock that wall out in one year if they gave us the funds. steve: pete hegseth here with a message for congress. as you can see, he is next. ed: plus dan bongino, alan dershowitz and geraldo rivera. they are all here and live this morning after pete. ♪ stop fearing your alarm clock... with new*! zzzquil pure zzzs. a drug-free blend of botanicals with melatonin ...that supports your natural sleep cycle... ...so you can seize the morning. new! zzzquil pure zzzs.

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ainsley: president trump taking both democrats and republicans to task last night for failing to approve border fund in the spending bill approved by the senate. >> we started the wall a year ago. sadly because of the democrats' obstruction only 1.6 billion, sounds like a lot. but it's not. i'm not thrilled but after

the election, they are all telling me we are getting our wall the way we want it. so let's see what happens. we could knock that wall out in one year if they gave us the funds u. ed: here to react "fox & friends weekend" co-host pete hegseth. 8 hours together all weekend. we keep hearing the money is going to come. the money is going to come. if republicans lose the house in november, isn't it going to be harder to get that money. >> convenient excuse. we wanted that wall and deliver that wall now the democrats control the house well they want to open the border up to everybody. you can tell the president's instinct here. he wants the fight and dig. in he hears the crowd. the wall is the signature issue that motivates his a number one immigration. it's what got him where he is. and to punt beyond the midterm is a clear risk. never been a priority for establishment republicans and never been a priority for republican leadership. mitch mcconnell and paul ryan have other priorities.

this is the president's priority in my opinion now would be the time to dig in and fight to galvanize your base. i understand he has made agreement with him but big roll of the dies when you ask one of the establishment republicans the leadership, they will go absolutely. we are behind the president on border security. >> border security. always traditional politician absolutely after the election we will do exactly and then we will never do it because the interest that fund us don't want us to fund it corporate interest and others that are interested in an open border. it is always fence or border cuter or surveillance or tightening the security on the border. never the wall. the folks who voted nor this president want a wall it can be built. the prototypes are real. all have you got to do is fund it. $25 billion is like a rounding error.

if they wanted to do it they could do it. ainsley: jeff flake, my lee, rand paul, david perdue, ben sass and mike tomby. >> kind of like the leaders of the never trumper caucus except rand paul. david perdue, mike lee here or there. ben sass and jeff flake and corker have been working against this president since the beginning. razor edge majority in the senate. steve: he said after the last spending palooza bills i will never sign one of those unless it includes the wall. >> i thought it was a swamp budget. total rejection of the president's key priority. here we are again. i get political prerogative. i get you have to make a deal here to get through the mid terms, but you are right. that was a prom mace made. we are never going to do

this again. it's a skirt past the election. there is no more wiggle room after that. if they do hold the house they better build the wall or they have missed every single window of opportunity. wake um washington. washington never wakes up. trump and still can't wake up. ed: pete will be on all weekend. ainsley: watch you tomorrow morning with h ed. ed: best basketball man on the planet renewing feud with the president. >> health insurance enrollment center. i'm calling. ainsley: yes. we are all sick of those. only getting worse, unfortunately. kurt, the cyber guy here with tips to cut through the spam coming up next. now they are calling our cell phones. >> just to wish you a happy birthday. ainsley: not. ♪

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♪ >> you taken under custody local cops as there are more serious allegations pressed on your name at this moment. steve: have you gotten a call like that. scam calls like those are growing in number except now experts are predicting that nearly half of all cell phone calls next year will be from scammers. ainsley: they used to call your home phone. now they have your cell phone number. kurt the cyberguy with tips how to handle this. we don't want them to call us. >> they are going to unless we stop them. things to slow down these calls from coming to you. number one, expect to get a lot more of them not only this year but even more next year. more than half of the calls you will get are going to be spam calls from robots calling. the reason this is happening because it's become so cheap to get the software for these companies to use and the connections over the internet are virtually free.

by the thousands every minute are calling all over the place. just bugging the living daylights out of all of us. here is what you can do. ainsley: say it the nice way. >> use a call blocker. reach out to your phone company and say do you offer on your end, call blocking from these robo calls? because i want it turned on if you do. so this is one of those things have you got to reach out a little bit harder. ainsley: computer. >> on the other end, the phone company has a way of slowing down robo calls so the fec enacted a law that let's them do that. whether they do it or not is another story. ask wireless carrier or home phone number. ainsley: ask your carrier. >> yeah. ainsley: got it. steve: don't answer of course you don't know who it is. you say sign up for do not call.gov. i have done that all my phones. all my phones ring all day long with people who should not be calling me. >> they are still going to

call it does help. go through that process. the more we all reach out to do not call.gov and report a particular number or a sequence, then they get more on that. also, and these apps are great there are great app.s now out there. nomo robo. one called hya and true caller. they help lock calls that you don't want. and then if you have a phone, a wireless phone, you can block the last caller but they change the numbers so much. neighborhood spoofing when they put the prefix and the area code. ainsley: more people are apt to pick up if it looks like it's in your area. steve: the number is like five extra numbers. way too long. >> don't answer it hang up. steve: more information go to cyberguy.com. thank you, kurt. president trump is sending a

message to the senate. it's time to stop delaying the vote on mr. kavanaugh's confirmation. dan bongino is going to join us live on that topic. there he is. he is next. ainsley: come on over, dan. - at afor the financialt's time world to stop acting the same old way. you need a partner that is willing to break free from conventional thinking. we are a different kind of financial company. we are athene, and we are driven to do more.

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reduce hunger, help control cravings with contrave. now you an talk to a doctor online and get free shipping at getcontravenow.com. >> brett kavanaugh is one of the finest human beings you will ever have the privilege or knowing or meeting. >> they have got to take the brings out of this situation. >> you have to have -- at least give him the chance to defend himself. >> we have to get out for the mid terms. prom miss me. don't be complacent. the new platform of the democratic party is radical socialism and open borders. i won't allow the united states to become the next venezuela. >> the president's attorneys come closer to an agreement with mueller. the president has ordered the declassification of documents. >> anyone who said there isn't politics in the

intelligence community ought to read these emails and read these text messages. >> has to come to an end. it's so bad for our country. i call it the witch-hunt. >> browns win. the browns beating the new york jets, yep, 21-17 for first win in almost two years. ♪ we are the champions ♪ we are the champions ♪ ♪ let's give them something to talk about ♪ let's give them something to talk about ♪ ed: the bud light cracked open in cleveland last night. ainsley: they won. steve: they broke the losing streak. ainsley: they had a lock on the refrigerator and refrigerator was full of bud light and they got to unlock it. steve: sorry to our stage manager joel. always the case adorned in jets memorabilia. joining us now from palm city down in florida, dan bongino, former new york city police officer and secret service agent dan bongino show and author of

the upcoming book spy gait. good morning to you. >> good to be here up in new york my old hometown. steve: good to have you. all eyes on washington, d.c. is there going to be a hearing on monday? mr. kavanaugh says he's ready to come but dr. ford's attorney said yesterday monday is out of the question and then put out a number of requirements or negotiating points where they would like to see security, certain things met if she is going to show up. >> listen, i think it's obvious these are serious charges that need to be taken seriously. i actually appreciate what senator grassley has been doing to take them seriously. the problem i have when you look at what the obstacles they are putting in the way to ms. ford's testimony. it comes clear this is obstruction tactic. new demand that mr. kavanaugh, judge kavanaugh go first is absurd. how is he supposed to -- is he being accused of a very serious thing here. this isn't a joke. how is he going to go first?

he has to hear what the charges are. this is a demand clearly not work being. being put there because i think they know nobody will agree to that. ainsley: a stunt? steve: no, we can't do that then she will say look, i'm not coming. >> i tried. no you didn't try. judge kavanaugh cannot possibly go first. is he being accused. second, the fbi demands for an investigation is outrageous. did i background with the secret service for the federal government. i did them. no one is going to tell me how they work. they cannot. i cannot be clearer on this and the democrats know this. they are not criminal backgrounds. they are criminal history background. there is a difference. in other words, if a character background. i want to make sure, ed, if you were applying to be a secret service agent or a judge you haven't been arrested so we know what your character is. i do not do criminal investigation. if your neighbor says hey ed did this when he was 16 and may have been criminal. the best the secret service or the fbi will do is refer to the local authorities. ed: not going to go to chevy chase, maryland and interview. >> absolutely not.

100 percent no. this is what bothers me. the senate democrats know that. that's the reason they say we demand an fbi criminal investigation knowing they will never do it. ainsley: what is happening locally? is there an investigation going on where this allegedly took place? >> ainsley from, a former criminal investigator's perspective, there is really not much to investigate here. we have a charge that's missing detail. again, this is very serious. i'm not trying to down play the gravity of miss ford's charges. the problem with it there are no details. what are you going to investigate? we don't have a location. we have two people there denying knowing anything about it at all. there is nothing to investigate. ed: what do you think of her legal team trying to dictate the terms saying lawyers can't ask me questions? the senate judiciary committee if they bring anybody in they would typically have their counsel do. this also kavanaugh cannot be in the room at the same time as dr. ford, she claims. and kavanaugh, as you noted earlier should be questioned first. first of all, he can't be in the room, shouldn't he be

allowed to be in the room to hear what she has to say. >> one of the basic tenets of the constitutional republic is the ability to confront your accuser. listen, everybody at the curvey couch here, granted, it's uncomfortable to have to do it. that's the essence of a constitutional republic in a society we presume people innocent. you have the ability to confront you your accuser. nobody is denying it's not an uncomfortable situation. have a society everybody has the right to be believed. granted, does that mean that the being accused doesn't have a right to defend themselves, too? is that seems utterly absurd. steve: the president of the united states has made it very clear over the last week that he would like to hear her story. he was out in las vegas yesterday. and he clearly would like to see mr. kavanaugh confirmed. watch. >> i think it's a very sad situation. he is an outstanding person. frankly, sean, to see what's going on is just very, very sad. you say why didn't somebody call the fbi 36 years ago?

i mean, you could also say when did this all happen? what's going on? to take a man like this and besmirch -- now, with that being said, let her have her say and see how it all works out. i don't think you can delay it any longer. they have delayed it a week already. and. >> you have been very accommodating. >> i have been accommodating. i say let her say what she has to say. let's see how it all comes out. but they have delayed it a week. and they have to get on with it. steve: get on with it politico has a time line of all of the court's events and very clear she wrote a letter to dianne feinstein she got it -- feinstein got it at the end of july. then early in august, ford realized, you know what? it's probably going to be confirmed. i want to stay quiet, i don't want my name to come out. but then, feinstein at the 11th hour shared her letter, parts of it, a redacted

version with democrats. and next thing you know her name is leaked out and now here she is. >> steve, they have had this information since july. i have to tell you having been in the conservative activist space for a long time. i have not seen conservatives fired up about an issue since obamacare as they are about this. i would caution the majority leader and senator grassley, listen, i wasn't -- i lost my election. they won. but, delaying this thing any further is not going to go over well with the base. they feel like this was a stall particular particular. tactic. they should have been presented right away. they leaked by the democrats. the republicans still have not seen the initial letter. this is grossly unfair and mr. kavanaugh is entitled to defend himself. i think if they delay this thing after monday it's going to be a disaster. ainsley: doesn't that blow your mind the republicans haven't seen the letter? they are asking for the unredacted version. why wouldn't that they hand that over? we already know her name and claim. >> it is the simplest of requests. can we please see the letter. ainsley: what's in the letter that they don't want

republicans to see. >> that's the great mystery. senator feinstein, unfortunately has a his industrial of doing some of these underhanded tactics. they had the letter for a long time. already spoken to the "the washington post." steve: according to politico. she hasn't even shown the democrats who wanted to see it so there is something aside from her name in there that it appears that she does not want. >> this is why i am telling you they are creating a bunch of insurmountable obstacles so they delay this indeterindeterminably. sheldon whitehouse is saying senator from rhode island, if he gets through democrats may investigate him and may even try to impeach him, watch. >> even if they were to ram this guy through. as soon as democrats get gavels we will want to get to the bottom of this. you can't ignore a crime victim's claim that something happened, refuse to investigate, throw her up into the stand without the least bit of support for her, without the least bit

of effort to corroborate what she says and then walk away from that as if you have behaved at all properly. ed: democrats want to investigate this beyond the election. when he says a crime victim. it's not clear there was a crime here. >> there was never crime ever reported. almost as if the democrats had forgot that there is these things called police departments. i don't believe there is a statute of limitations on felony sex crimes in maryland where this is alleged to have happened. but, think about it. why hasn't a police report been filed? these are serious questions. these are serious charges. there is a police department available to do this now. you ask me how long would the investigation take if they did one? a day or two. there is nothing to do. there is no forensic evidence at the scene. there is not a scene. a couple interviews people there deny it happened. steve: nobody knows what house it was. >> see joy behar throwing out nonsense take a lie detector. it's a polygraph. nothing detects lies. for what?

he says he wasn't at the party. ed: why did senator feinstein. keep the name confidential. give it to the fbi and the police safe maybe this should be investigated. >> only three scenarios it happened and it wasn't kavanaugh. it happened and it was kavanaugh or didn't happen at all. only one of those three things. man is entitled to defend himself. if this didn't happen, you have to ask yourself how many lie lives are they going to destroy. it's unbelievable. steve: he will be there monday but her attorney says that's too soon. we will find out what happens today. every day something new. ainsley: new medicine lines this morning. a heart broken mother says her daughter fought to the last minute after being stabbed seven times after being jokd. surveillance video shows wendy martinez final moments of life. jillian mele spoke with her mother who says she is ready to forgive. >> personal, i have a child

of god. >> anthony crawford is charged with murder and was considered a random attack. jillian joins us live from d.c. in the next hour with reaction from police officers. and new york city police officers training to stop biological attacks like poison assan sass sin assassina. they are on high alert. president trump will be there. there are no specific threats but officers are contact ago listing of people who could be targeted. the precautions come months after a former russian agent and his daughter were poison dollars in england. former president barack obama hitting the campaign trail in pennsylvania today. he is headlines a rally to support the re-election of the governor tom wolf and senator bob casey. but not every candidate wants the former candidate in their state montana senator jon tester and north dakota senator heidi heitkamp worry that he could distract voters from their own campaign.

three fifth graders going viral for doing whatever it takes to protect old glory. this parent's picture shows one of them lying down on the ground making sure the american flag doesn't hit the ground while the other two are folding it. it's a sign of respect that the boys are taking seriously. >> this is our nation's flag, our school's flag. it's how we represent our country. ainsley: the boys live in idaho. they were taught how to properly fold the flag by custodian at school. 20 year air force veteran. isn't that a cute story? steve: good lesson. ed: absolutely. brett kavanaugh wants to clear his name to defend himself. next guest says what happened to him is exactly what happened to clarence thomas. we will break down the comparison. what's true, what's false next. steve: plus, texas senate candidate beto o'rourke under fire for comparing police to the new jim crow.

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>> brett kavanaugh is one of the finest human beings you'll ever have the privilege of knowing or meeting. [cheers] a great gentleman, an impeccable reputation. so we'll let it play out and i think everything is going to be just fine. steve: there have you got president trump last night standing behind brett kavanaugh at his vegas rally. this as kavanaugh call force a chance to defend himself in front of the senate writing to the committee chair chuck grassley, quote i continue to want a hearing as soon as possible so i can clear my name. since the moment i first heard this allegation i have categorically and unequivocally denied it i remain committed to defending my integrity. columnist for the "wall street journal" and fellow at the manhattan institute jason riley. good morning to you. >> good morning. steve: what are we seeing down in washington? >> well, can you blame brett kavanaugh for. ing to clear his name?

i think the problem here is that the democrats aren't really interested to getting to the bottom of what did or did not happen 36 years ago. this is all about the delaying a vote until we can hold the midterm elections and see if they can win back the senate and vote down through confirmation. this is not about finding out the truth. the truth is a secondary concern at best for democrats. steve: do you see parallels between what is going on right now and what happened with clarence thomas back in the day? >> everything from the timing of the allegation. steve: at the very end. >> airing right before a vote was to be held hill was clarence thomas' sole accuser. to this day no one else has come out with allegations. witnesses to what hill alleged happened no witnesses have come forward. abortion was the overriding concern of the hearing before the sexual harassment

claims surfaced against hill. all kinds of parallels going on. truth, what actually occurred was a secondary concern. to this day, none of those allegations have been proven. that has not stopped hill from going on to become the feminist icon based on things never proven to have happened. steve: what is curious and people have observed this. if the allegations were so explosive, when dianne feinstein got the letter back in july, why didn't she just take it and say during the hearing in kavanaugh, look at this. >> right there. were ample opportunities for democrats who have had this, like you said since july had this information. they could have discussed it with kavanaugh in private meetings they could have aired this or could have done this under oath when he was testifying during the hearing. they didn't do that they found the service because i believe they were waiting for the best moment to drop it and do the most political damage. i think this was a calculated effort. >> look in your crystal ball. what happens next week? >> i hope the republican

goes forward. steve: on monday? >> on monday. whether or not she testifies, i hope they go forward as soon as possible. first, they said she had a right to be heard. republicans schedule a hearing and now they are saying she is being bullied into testifying. i don't think they can have it both ways. she may well believe what she is saying. but it doesn't mean the rest of us should automatically believe it. memories fade. they fade over time. 36 years ago is a long time. idea if she is able to take down supreme court nominee based on an allegation from that long ago that was no corroborating evidence, no witnesses. i think it's a horrible, horrible precedent. steve: read his column in the "wall street journal," jason, thank you very much. >> thank you. steve: meanwhile, trying to unseat texas senator ted cruz. here is how he feels about the police.

steve: one fired up texas sheriff is here to respond to that comment, next. but prevagen helps your brain with an ingredient originally discovered... in jellyfish. in clinical trials, prevagen has been shown to improve short-term memory. prevagen. healthier brain. better life.

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♪ steve: time now for news by the numbers. first number 5 to 10%. that's how much wells fargo is planning on cutting their workforce over the next three years. bank is looking to cut costs and to cope with customers switching to digital bank tools like apps. next $1,000. that's how much a company is willing to pay per day to make people -- to make taste test pizzas. if you are looking to get paid to make serious dough. apply by sending the company 60 second video proving your love for pizza.

looking for some taste-testers. finally 1500, that's how many museums across the country will offer free admission for museum day which is tomorrow. head to foxandfriends.com to check out where to go. and to download some free tickets. you can't beat that ainsley? ainsley: that is nice. thank you, steve. texas democratic senate candidate bait toe o'rourke blasted police on wednesday as the new jim crow. ed: he was talking about criminal justice reform and o'rourke spoke of historic injustices against african-americans in the past and how he says they persist today. listen.

ed: o'rourke's campaign is saying he in no way was referring directly to the police. ainsley: here to react is denton county, texas sheriff tracy murphee. sheriff, thank you for being with us. >> good morning. ainsley: good morning. you were telling us earlier, you were telling our producers you are very offended by what he said. explain that. >> absolutely. first of all, it doesn't surprise me, you know, anybody who has been arrested as many times as robert o'rourke has been arrested may have some ill will towards the police. his rhetoric is divisive. it's insulting and most of all it's dangerous. >> what do you think about the substance of what he is saying? there has obviously been going back to the obama administration there has been a lot of anti-police rhetoric. ed: now you move to the trump administration. president trump has made clear look, mistakes can be made but law enforcement is our friend. they are trying to enforce the laws of our country. having senate democratic candidate saying maybe you are the bad guy.

>> absolutely. there has been a war on police officers for the last several years. somebody who has as many conflicts with police officers it makes it dangerous for citizens and police officers. a lot of people listen to what he has to say. and when he speaks, people take that to heart. and he needs to understand that he has a responsibility to not be divisive and, quite frankly, i don't understand where he is coming from. first of all, he may need a history lesson for who was responsible for jim crow laws, which party that was. and it's insulting to me as the a citizen of this state and as a police officer. steve: he on saturday was tweeting praise after the death of a police officer. his campaign is saying, sheriff, he was not talking about police on stage. what's your reaction to that? >> of course they are. what else are they going to

say? it was pretty direct that he was talking about police officers. and one day he is praising a very brave fort worth police officer who died in the line of duty and the next day, you know, we are all racist. it's just offensive. ed: sheriff, obviously, there is the heated senate campaign going on. o'rourke is going up against ted cruz. are you a clear supporter? we want to put this on the table. are you a supporter of senator cruz and why you think his approach to police is better? >> i'm absolutely a supporter of senator cruz. senator cruz has always been there for law enforcement. he understands the people of texas, no matter what party supports law enforcement, most of them do, and he has been a friend of law enforcement and i absolutely support his campaign. ed: sheriff murfrey, we appreciate you coming in. >> thank you for having me. ainsley: thank you for what you do. ed: democrats fired up about the accusations surrounding judge brett kavanaugh. what about the allegations against keith ellison? you are not hearing a lot

about that. why haven't you heard more about that? we will get into it. alan dershowitz here to weigh in next. abby: plus, you remember this moment. a little boy asking the president for a hug during his visit in the carolinas with all the hurricane victims down there. well, that boy, his name is tucker. he is going to join us live. ed: not tucker carlson, right? ♪ ♪ lowest price, guaranteed. just stick with badda book. badda boom. book now at choicehotels.com

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believe her. she has come forward courageously and bravely. >> i believe her. i stand with her. i don't believe she should be bullied. steve: they have a number of prominent democrats talking about dr. ford. dr. ford vs. kavanaugh right now. that's our discussion with alan dershowitz harvard law professor emeritus. author of the book "the case against impeaching trump." ed: good morning. steve: what do you make of dr. ford's attorney's request request security, who is going to be interrogating her and the suggestion that mr. kavanaugh has got to testify before she makes the accusations. >> that is the most absurd anti-due process, anti-american concept. yoto testify without having been accused under oath. obviously she has to be testify, be cross-examined by good lawyers ask probing

questions. he has to get up and respond and be cross-examined with probing questions. and i do agree with her that they ought to bring in any possible witness judge or anybody else subpoena or otherwise. background checks. now we have people, rachel maddow some of my colleagues saying he ought to be criminally prosecuted and go to jail and even if he is confirmed there ought to be a criminal investigation and he ought to be impeached. ainsley: this is what is he talking about. listen to rachel maddow. >> there is no statute of limitations for a felony like this in maryland. the reason they have not yet opened a criminal investigation of this matter is because they have not received a criminal complaint. i don't know if it will always be that way. if dr. ford ever wanted to pursue it this way, then she could, at any point, make that criminal complaint. such a complaint could start a criminal investigation, conceivably of a sitting supreme court justice for felony attempted rape. there is no rule against

indict ago supreme court justice. ainsley: she does explain if he makes it through the confirmation process he should be removed from the bench and thrown in jail for assault. should that happen. >> theoretically it's never happened in the history of the united states or any anglo american legal system. person prosecuted 35 years evidence. >> there is no evidence whatsoever of attempted rape. attempted rape under maryland law requires a specific intent to use this word penetrate. there has to be that specific intent. here the allegation is groping, touching, fond ling. maybe trying to remove clothing. he has an opportunity obviously to deny that he has categorically denied it what's the most disturbing thing is these people who are on television. some people i know and respect, i believe her. have you ever met her? you don't know anything about her. ed: has not even gone under oath. >> are women born with a

special gene for telling the truth and men with a special gene for lying? i don't believe her. i don't believe him. i have an open mind. i want to hear both sides of the story. and make a determination that's what the american system of justice is all about. steve: what do you make, professor, of the fact that chuck grassley, who heads up that committee has asked dianne feinstein got that letter from her back in july said, i want an unredacted copy. i want to see what she said to you in the letter. and so far she is refusing to release it. >> not only refusing to release it to him and the other democrats on the committee. there is no reason why it shouldn't be released. she is coming forward she has produced her name to the "the washington post." you can't on the one hand make the most serious accusation anybody can be accused of and say no, i have privacy. i will tell you part of the truth but not the whole truth. that's unacceptable. everything is now a matter of disclosure whether it's

disclosed publicly or privately. it doesn't matter. may be things in the letters privacy. okay. let it be seen by senators under a seal. ed: meanwhile an allegation against a sitting member of congress number two at the democratic national committee keith ellison by a woman who has been on the record for some time a lot more recent than 36 years ago. you don't seem to hear a lot of democrats. >> she has produced documentation about what she said before she made the accusation. it could come forward with fee could come forward with the videotapes she claims exist. one rule single standard for democrats and republicans. you can't have rachel maddow and other people on television applying one standard to kavanaugh and another standard to a man who was the deputy director of the democratic national committee and now is poised to become the attorney general. the chief law enforcement officer of minnesota. you have to have the shoe on the other foot test has to be passed. what you are saying about somebody who is a republican, you must have to say about somebody who is a democrat.

you have to have equal justice in this country. steve: you are supposed to but it doesn't always work out that way. >> it doesn't work out that wait a minute i'm here to put pressure to make sure it works out that way. i don't care whether democrats or republicans are hurt. somebody i voted for is hurt. a single standard of judgment. if you don't have the single standard of justice, you are in the world of stalin who said to stalin show me the man and i will find you the crime. we are now trying to criminalize the confirmation process and put people in jail. people are not going to want to serve the country if they have to go through. this look, there is no excuse for any shower. at any age ever under any circumstances. but you can't just presume it's true without full opportunity to cross-examine the accuser and a full opportunity for the accused after he is accused to take the witness stand and testify. ainsley: senators are not going to agree to her terms. yes or no. do you think she will end up speaking out? >> i think she will.

i think if she doesn't, cifers process will proceed. i think she will. i think the american public benefits from hearing all sides of this. and confirming or not confirming somebody based on evidence, not genetic belief in the inferiority or superiority of one gender. steve: we all want to hear her tell her story. alan dershowitz, thank you. >> thank you, professor. turning now to more headlines, a police department police department. >> this is the story of murderrier and fugitive peter chadwick. a man who left those two boys all alone and waiting at the bus stop. >> the newport beach police department in california releasing the six part series called countdown to capture. looks at the case of millionaire fugitive peter chadwick accused of killing his wife in 2012. police say he could be anywhere. a teacher is accused of turning a preschool into a fight club.

ohio police say williams encouraged kids to duke it out on the playground and would post the videos of brawls online. the children all under the age of 5. williams is now out of a job and charged with 21 counts of child endangerment. no kids were seriously injured. collin kaepernick's attorney now hinting at a return to the football field. >> i would just say stay tuned that next week there may be some news. ainsley: mark geragos could be interested in signing kaepernick. comes as prepares to receive dubois medal. he co-founded the naacp in 1909. the award goes to leaders in the african-american community. past recipients have included muhammed ali and oprah winfrey. a man breaks into a lion's den and shocker, gets bitten

by the lion. steve: it happens. ainsley: police say the suspect was high on drugs when he snuck into the zoo in fresno, california and climbed over the fence of the animal's enclosure. the lion bit his foot before he was arrested. he wasn't seriously hurt. the man was arrested. not the lion. steve: the fence is there to keep the lions in and the people out. ed: janice dean -- janice: hi, look at this beautiful crowd. oh my gosh, are you guys happy it's friday. >> yeah. janice: are you happy you are on "fox & friends"? >> yeah. janice: i love it take a look at the weather maps real quick. it is a beautiful 67 here in new york city. a taste of fall. fall officially arrives tomorrow. we do have a big cold front moving across the central u.s. that could bring the potential for severe storms including maybe some tornadoes. had tornadoes yesterday across minnesota and danging winds. that will be on the move across the eastern great lakes and interior northeast today. the good news is we have

drier conditions for north carolina. we have how are you, sir? >> thank you. >> how is the flood my friend. >> going down. cresting this week. janice: god bless everybody in north carolina. you have a birthday today? >> i do. 50. janice: can you guys come every day? >> yeah. happy friday. >> good crowd out there today. steve: last friday of summer. google is accused of censurincensuring conservativesw we are learning they may have tweaked search results to stop president trump's travel ban. taking on the tech giant he is here next. next. ed: a little boy asking the president for a hug during the president's visit in north carolina. that little boy's name is tucker. he is going to join us live.

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ainsley: a bombshell report reveals more potential political bias at google. the "wall street journal" reporting that employees at the tech giant manipulate search results to help protest president trump's travel ban. they even showing users how to contribute to pro-immigration organizations. it was never implemented. steve: standing up to the goliath investigating google over antitrust. let's bring in josh holly joining us from springfield, missouri. josh, good morning to you. ainsley: good morning. >> thanks for having me. steve: this is another one of those stories where a big search engine or social media giant says trust us we're right down the middle fair and balanced but you don't buy it? >> no, i don't buy it this

is whyistic investigating google for almost a year. we issued subpoena in the attorney general's office to google. one of the things we wanted to know is how is google using that famous al gori them? what kind of result is it returning on these searches? and are they biased against conservatives? are they manipulating the kind of information consumers get to benefit google and their platform. that's exactly we are investigating them. steve: what has your investigation shown so far? >> well, we have received a tremendous amount of information from google and we continue to press for more. and we want to see exactly how they are using that search al gori them. google is the most powerful search platform in the world and the information that people get from google is just incredible. we want to know are they using it in a biased fashion and also using it against competitors? that's the kind of thing we are looking at. we are going to keep after it. ainsley: thank you for doing that you are right. people are so powerful. the average american feels like there is nothing can you do 'it. how do you go up against

google and twitter? who do you call if you want to complain? was there something done specifically to you that you were upset about and that's what started this investigation? >> well, i will tell you what i was concerned about is the fact that google collects more personal private data on us, the american people than any corporation in the history of the world and i wanted to know how they are using that data. what are they taking from consumers? are they telling us what they do with it? and then how are they using that search platform? i have had so many people around my state tell me that they feel that google search results are biased. they feel that the information they get from google is biased. they worry about their personal information. so, look, i haven't prejudged anything. i'm a prosecutor. i want to get the facts. and that's exactly what we are going to do. ainsley: okay. the president is coming to missouri to campaign for you. what's your reaction to that? that's pretty cool. >> oh, we're so excited. president trump won this state by almost 20 points. missouri love president trump. the job he is doing. it's vet tremendous to have him

here in the state. this race is important. it's an honor to have the president tonight. steve: i'm looking at the real clear politics poll averages and currently you are leading by about half a point clair mccaskill. >> yeah. i mean, it is a tight race. senator mccaskill represents the radical left wing agenda of the liberals. that's why this race is so important. everything missouri and the country voted for in 2016 it's on the line in this race. that's why we are so excited to have the president here tonight. steve: all right. is he going directly to the city you are in right now springfield, missouri there in the show me state. josh, thank you so much for joining us live. ainsley: thank you so much. isn't that where brad pitt from? you were brought up in that area. i think brad pitt is from springfield i think my friend courtney is from springfield and her mom was brad pitt's teacher.

steve: meanwhile, 11 minutes before the top of the hour, the best basketball player on the planet now renewing his feud with the most powerful man on the planet. what lebron james just said about president trump. ainsley: and you remember this: the little boy asking the president for a hug when the president was down there visiting the hurricane victims down there in north carolina. ♪ > down home ♪ handshake all you need. ainsley: he got his hug and that little boy tucker is going to join us coming up next. ♪ those of us raised up down home home ♪ grow your business. home ♪ the dell vostro 14 laptop. get up to 40% off on select pcs. call 877-buy-dell today. ( ♪ )

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♪ ainsley: well, president trump was handing out food to hurricane florence victims in north carolina when he received a very special request. >> can i have a hug?

[laughter] >> where is your dad? >> you did a good job. >> can i have a hug? that young boy tucker is from new bern. good morning, tucker. >> good morning. ed: so nice to talk to you. what prompted you to ask the president for a hug. >> i don't know. i have always been a hugger. steve: tucker, what were you doing at the temple baptist church? >> i was giving food to people in need who don't have food right now. and so they came by and they got a takeout box and a water. and that was their meal. steve: it was your mom's idea you head down there. your house was not impacted

but why did you want to go help those folks? >> we wanted to help them because even though our house wasn't touched, we wanted them to -- we wanted to make an impact. we wanted to help people in need. ainsley: that's sweet of you, tucker. you have a good heart. that's so sweet of you to do that. thank you for helping others in need. especially folks who live in your community. what did it mean for you to see the president of the united states, you learn about him in school. you don't ever imagine meeting him in person. what was it like to see him down there and helping the folks that needed it? >> i was like whoa. [laughter] steve: what's the reaction, tucker been from your friends and family and social media and stuff like that? >> it's kind of coo i haven't hm

for a little while since we moved to new bern. it was nice that everyone was watching and everyone was texting back and nice to see and hear from all of them and see that they really cared. ainsley: where did you live before new bern? >> we lived in raleigh. ainsley: so still in north carolina. how are you doing now? how is your family and how are all your friends? >> my family is great. we are still scattered across the place. not all of us at home yet. -- all my friends the devastation here is pretty big. ed: tucker newton, good heart and he said he has always been a hugger. ainsley: tucker, who need the hug more you or the president? >> i think the president. steve: tucker, thank you very much. ainsley: thanks for joining us. we have a lot coming up. kimberley strassel, jonathan

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>> brett kavanaugh is one of the finest human beings you will ever have the privilege of knowing or meeting. pete: allies on washington dc. will there be a hearing on monday if doctor ford's attorneys put on a number of requirements? >> the problem is there are no details. >> the people on television, i believe her. i want to hear both sides of the story. >> we started the wall a year ago. we have done a lot. because of the democrats obstruction, only $1.6 billion.

>> he hears the crowd and to punt beyond the midterm is a risk. >> the platform of the democratic party is radical socialism is open borders. >> anti-police rhetoric, sounds like a beta of work is taking it to new levels. >> the democratic party is in the new jim crow day. they project that on the will of the american people. ♪ every single day ♪ pete: welcome to the show, september 21st, the day after ensley's birthday. ainsley: the first day of fall, seasons change on the 21st. pete: we mark fall by your birthday. >> great time to have a birthday because the seasons are starting to change and you are in a different mode.

>> it is friday, geraldo rivera joins us, fox news correspondent at large and he is celebrating not only because this is ainsley's birthday but your team finally won a game finally. >> only because erica and i moved to cleveland. they were heartbroken when lebron james left but here they have baker mayfield, the new quarterback out of oklahoma. he shocked the new york jets and i wondered who i was going to root for. i was not sure, i have been a new yorker my whole life but my emotion was carried away and i was delighted they won. ainsley: let's talk about brett kavanaugh. his accuser christine ford agreed to be interviewed, monday, maybe thursday. no questions from lawyers, only committee members and brett cavanagh can't be in the room

and brett kavanaugh has to testify first. what do you think? >> happy birthday. remember when james carville said it's the economy, stupid? in this case it is abortion rights, stupid. this is all about abortion. this is the epic battle between the forces of pro-choice versus pro-life. both sides will do whatever is necessary, whatever is legally possible to delay or get their person on the high court. i have no doubt before i get to the specific question about the conditions being imposed by the witness, i have no doubt but that dianne feinstein's holding of the letter from the accuser was part of the strategy to delay the confirmation of brett kavanaugh as long as they could,

hopefully past the midterm election on the slim chance that democrats will recapture control of the senate and therefore scuttle brett kavanaugh's ascension to the high court. this was not accidental. i have been around the block too many times. this was a conspiracy, whether dianne feinstein confided with other democrats i have no idea but i have absolutely certain that this was part of a process to delay the confirmation of brett kavanaugh. it is similar, maybe not technically but strategically, to how mitch mcconnell kept merit garland from being confirmed to the high court because he was a pro-choice guy. brett kavanaugh is a pro-life guy and this is what it is about. i use the word again, part of the epic battle that has rent asunder the american republic. you don't need a presidential

election to push a button, pro-life pro-choice, that turns out to be the result of a election. it is the most of tissue, the most volatile issue, the most unavoidable issue and no compromise on it. ed: doctor christine ford told her story through the washington post, it was very clear that after she wrote the letter to diane feinstein which she would not release unredacted, there were things that were not included, christine ford did not wondered her name out there. in august she realized he was going to be, justice. i will go quiet, don't want my name out there but dianne feinstein according to the politico timeline showed everybody, told everybody on the democrat side about user.

next to you know her name is released and now she is famous. >> she is famous or embattled, depending how you see her and how you measure her sincerity but my take on it is she is a warrior in this epic war that is going on. she's the latest person, she is like the last bastion for the pro-choice people, the last hope they have of derailing brett kavanaugh's nomination. last week she staggered brett kavanaugh. he was sailing to his confirmation. it seemed almost a matter of days before the judiciary committee would have passed on with approval his nomination to the full senate and they would have voted and the composition of the senate, he would have been confirmed if not easily it would have been a close vote but would have happened. look what she has done.

she gummed up the works. she's not going to testify monday. she will get around to it. the issue going back to ainsley's question about the tactics and the conditions she is imposing, i believe that once the committee agrees to her conditions, whatever they are, there will be other conditions. their mo now will be to delay, to upset your, to make this is about sex assault and me too and how can you elevate this man to the high court. clarence thomas with the pubic care and the coke can, he made it to the high court but was so beat up by the time he got there, he was so embittered that he sits on the court today never uttering award - a word. he was so scarred by the

confirmation process, you go to the high court and he doesn't say a word. he may mumble something to one of his colleagues off mike. i believe that was because of the egregious nature of the attacks on him during anita hill's testimony. pete: the moving of the goalpost, doctor ford needed to be heard, then she doesn't need to be heard just yet, have an fbi investigation, the president is frustrated by the moving of the goalposts and caught up with sean hannity in las vegas and here's what he said. >> i think it is a sad situation. he is an outstanding person and to see what is going on is very sad. you say why didn't somebody call the fbi 36 years ago? you can also say when did this happen? what is going on? take a man like this, with that

being said, let her have her say and see how it works out but i don't think you can delay it any longer. they delayed it a week already. >> you have been accommodating. >> i've been accommodating, let her say what she has to say and let's see how it comes out but they delayed it a week and they have to get on with it. ed: rachel maddow saying he should be charged criminally when we don't know the facts of the case. >> i will say this, those who made the argument there is still a criminal case to be pursued and investigated. there is no way on god's green earth that there are any criminal charges to be leveled against brett kavanaugh who is over 30 years ago, the statute of limitations particularly when it came to juveniles would make any criminal prosecution impossible. the only thing they could

possibly do and it would be a longshot would be to get brett kavanaugh tricked up where you said this under oath and that is not what happened here. go back, they will do whatever they can to slow down this process. they are betting against hope against hope that the midterm elections will turn out there way changing the composition and divide, it was great seeing my two powers sean hannity and donald trump in the friendly confines of vegas. both of them get beat up by opposing forces. the president makes a good point. he has been measured. i was so afraid he would be tempestuous as he sometimes is or thin-skinned and lash out at dianne feinstein. leave that to other people. like me. remember our old boss roger

ailes used to say the only thing in the middle of the road is roadkill. i'm in the middle-of-the-road. i pro-choice, but i look at john, one of my best friends, he is as sincere as i. this is a big big deal, the brett kavanaugh nomination. if he goes to the high court, it is a 5-for automatic decision to attack roe versus wade, that is what the fear was, all those ladies with the pink hats the day after inauguration, america's real civil war, talk about immigration, gay marriage, gun rights, this is what it boils down to and i believe democrats are there hail mary to stop the brett kavanaugh nomination. no doubt he's a qualified jurist however i may disagree with him

on abortion related -- he is an honest man who deserves confirmation to the high court however much i personally prefer merrick garland. it will get even uglier, a couple days, very ugly mudslinging. ed: we will see if it is qualifications for politics, thanks for coming in. ainsley: let's turn to more headlines, terrifying moments overnight is a wanted man opens fire and police. we want to warn you the video you are about to see might be disturbing. >> oh my god! what is that? oh my god! ainsley: police coming face-to-face with a gunman near miami international airport

while investigating a kidnapping. officers returning fire on the unidentified suspect. they did kill him. no police officers were injured. the mother of a teenager brutally murdered by ms 13 will be laid to rest next to her daughter today. evelyn rodriguez was hit and killed by a car last friday after confrontation with a neighbor about a memorial for her daughter. it was two years to the day that her daughter was stabbed to death by the gang, ms 13. rodriguez was an average against the gang and special guest at the president's state of the union address. those are your headlines. have we learned about that investigation? what happened to the person behind the wheel? pete: they know who it is and there's a possibility they will press charges. lebron james renewing his feud with donald trump. what he said coming up. the president praising the economy is the best in american history. charles payne says numbers do not lie. he is on deck. ♪ born free ♪ i was born free

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than ever before and it is happening before your eyes. ed: donald trump counting a winning economy and last night's rally in nevada. these out and s&p at historic highs with jobless claims at new lows. if you ever look at your 401(k) today is the day to do that. charles payne, host of making money on the foxbusiness network. jillian: you are lucky if you're retiring today. >> we are all lucky today because the stock market is reflecting what is going on with the underlying economy, jobless claims number the lowest since november 1969, last quarter corporations saw $2 trillion in profits and in the second quarter household networks went up $2 trillion in america. the wealth is being spread out nicely. we have wind in our sales and optimism pooling. ed: i am confused was a couple months ago the president started

talking about we are going to get serious with trade wars with different countries. the economy will go in the dump. it looks as if it has been baked in. >> every night on my so i had to battle economic theorists on the right, democrats on the left and tried every angle with them. it is okay to fight back against theft, is it okay to fight back against child labor, it is okay to fight back against the kind of things, there's a reason the products are cheaper. is their way to fight back against that? everyone predicted an immediate crash. since the trade war officially began, march 22nd, march 23rd china retaliated, the dow is up 3100 points. we have been an amazing rally since the trade war began. it is amazing and points to the fact that other things more

important -- ed: will republicans get credit in the midterms? >> depends how the message it but most people understand or something different the composition of jobs being created. 400,000 manufacturing jobs and experts at that could come back, composition of people's paycheck. last quarter we saw the biggest pay hike we have seen in years in this country. people individually are seeing it and have to make a decision whether they want to see it continue or roll the dice for something different. ainsley: the suspect charged with murdering a jogger in washington dc is behind bars as her family prepares to say final goodbyes. jillian will join us live next. >> her wedding dress. i never imagined that dress was the dress for her burial. ove on with one a day 50+. ♪ get ready for the wild life ♪

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ainsley: a heartbroken mother says her daughter thought until the last minute after being stabbed 7 times while she was jogging in dc. ed: wendy martinez's final moments of life on survivors video. policing 48 hours arrested the man they believes killed her. jillian joins us with the story of how they brought some closure to the family. a heartbreaking story. jillian: it is heartbreaking and gory, the surveillance video is hard to watch. her mother tells me she has no room for hate in her heart. anthony crawford is accused of killing her daughter. it was just last week wendy was

trying on wedding dresses with her mom and it is now the dress they are going to bury her in. we spoke to the family a candle light vigil last night. what are your words about that man? >> it is awful. i would be more mad if there was an actual motive behind it but i know wendy was in her happiest moment in the weeks before it happened, just got engaged to the love of her life. we were here last thursday to celebrate, left on monday. >> without any more information it appears to be random. to have a young woman in the prime of her life doing what a lot of people do on a daily basis, exercising, something she loved to do. for her to lose her life is very scary. >> talk about important of police officers on their beat

recognizing individuals in the community, recognizing their habits and behavior because that helps in this situation. >> officers in the third district look at that video and have a sense who that person was. even now the area where he might be -- the people who provide tips in this case are a linchpin to get quick closure. >> on tuesday she was happy. she was listening to her favorite song, a favorite activity. >> your pain is so -- how do you get through this? >> i in pain. i am in pain. my heart doesn't have room for hate because ima christian. wendy was a child of god.

we just know that our strength is coming from him and not anywhere else. god heals. i didn't know, i just let it go. >> a beautiful and strong family. the 23 mac suspect had a history of using the synthetic form of marijuana. police have not confirmed whether that played a role in what they call a random attack. he does have a criminal history but nothing that helps explain why he did this. ainsley: i live in washington, logan circle is known in recent years as a tough neighborhood, a lot of crime and in recent years it has become all kinds of businesses sprouting up, condos, young people live there a mile or so from the white house. >> a lot of people were out and about between 6:00 and 8:00, seem to be a lot of something --

thirtysomethings, professionals on their way home from work. you can see her with ted williams walking around the neighborhood near where that happens. he has been a homicide detective in dc for 40 years and he said it is safe in that area now, a neighborhood in transition as you mentioned. parts of it up and coming but there were a lot of people out there last night at restaurants, people on their bikes, it is a very active neighborhood. ainsley: that surveillance video after she was stabbed, she ran into a restaurant, you see people watch her come in and they run out. >> reporter: we spoke to folks who work at that restaurant and we were able to see the surveillance video. it is too graphic to show but

where it is blurred out there were a couple people at the time shortly after two men ran out, two men ran back -- trying this really to help her. it was hard to watch. ed: thank you for going to washington. ainsley: she was stabbed twee 7 times, too many times to save her life. pete: how does this deal found? go to college now, play later. one qualification, you have got to be a dreamer. democrats have a backup plan if brett kavanaugh makes the supreme court bench. keep investigating him. kimberly stossel on deck next. see a little blood when you brush or floss? you may have gum disease and could be on a journey to much worse. try parodontax toothpaste. it's three times more effective at removing plaque, the main cause of bleeding gums.

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pete: political left ramping up against brett kavanaugh. and keep going after him even if he makes it. listen to this. >> even if they were to ram this guy through, as soon as democrats get gavels we will want to get to the bottom of this. >> you can't ignore crime victim's claim that something happened, refused to investigate, throw her up into the sand without police that of support for her, without the least bit of effort to corroborate what she said and walk away from that is if you behave that all properly. pete: sheldon whitehouse, promising to investigate brett kavanaugh if democrats win the senate. and laying out the case for impeachment if he makes it to the high court.

good morning. what is your sense? democrats i think we want to delay delay delay, try to stop him and if that doesn't work we are still going to try to stop him, impeach him if he is on the high court. >> this is an extra ordinary new precedent. they are ready managed to do some damage, much as they did to clarence thomas. even these allegations they assume if brett kavanaugh makes it to the high court, they will suggest any ruling they don't like are illegitimate because of the claims made against him. now we are hearing if they take the house and senate we will have continuing investigations even to a sitting supreme court judge and they will potentially -- they will be under pressure to do this from their activist base, go so far as to engage in impeachment proceedings. how can anybody function on a high court living under a cloud like that? not so much a threat as a

promise to his base. ainsley: diane feinstein learned about this in july. she brings it up a few days before the confirmation is to take place and she said i will not speak until next week. they want her to talk on monday and she says i might talk thursday. she says brett kavanaugh has to speak first even though her attorneys know that will never happen. i think she might accuse me, that is what i am hearing, let me defend myself before she talks. it is another delay. isn't it obvious what is happening here? >> without reference to the accuser there is no question senate democrats, the way this is handled, and outright political ambush. it was done in attempt to derail the nomination and they succeeded in throwing the whole thing up in the air. miss ford has been tough because

people have extended their hand to her for an interview anytime, anyplace of your choosing, whatever makes you comfortable. these demands make people wonder what is behind this. is there politics at play beyond her accusations. republicans have an obligation. brett kavanaugh deserves for treatment too. to be led along with unlimited and unknowable amount of time and continue to have the media trashes character and reputation without a chance to defend himself is inappropriate. the senate owes something more than this and they need to move on this with due deference to her and her opportunity to speak but there have to be some rules. when you are the one accused you don't speak first. pete: one of the other things, what exactly was in the letter that she wrote to diane feinstein? she gave a copy that was

rejected to the fbi but even her own senate democrats would like to see it but she won't release it. chuck grassley says we are going to prepare for this hearing we have to see it. so far she has stonewalled. >> there's a great deal of we don't know. that is an irony given what we heard from democrats nonstop since allegations surfaced that we need more transparency, fbi investigation, we need to know the facts. and fbi desiccation is not appropriate, it is not what the fbi does. they do background interviews, put things in files. the senate has the opportunity to do those interviews but the argument is this should be out there, obviously she has a duty to turn that letter so people can see what was in the first allegation. ed: can see in the background,

las vegas. thank you very much. ainsley: let's show you more headlines this morning. the founding member of the allman brothers band in critical condition this morning following a freak accident at his house. ♪ i was born american ♪ doing the best i can ♪ ainsley: 74-year-old singer-songwriter slipped and cracked his head causing bleeding in his brain. his bandmates are rally around him at hospital in florida. he will have brain surgery today. a bus driver receiving praise for slapping a 12-year-old boy. we went to one you the video might be disturbing.

the driver says it happens moments after the child ran into the street forcing them to slam on brakes. this happened in france. when he told the child, shut up and drive your bus. 300,000 people have signed a petition in support of the driver. he is under investigation and could lose his job. when college paying for daca students, the dream funds gives qualifying students $3000 every year after graduation, they will know the college 4% of earnings over 60 months but if they don't make more than $30,000 they don't have to pay it back, 16,000 daca recipient live in colorado. lebron james taking agenda president, doesn't bother him he insulted intelligence. what bothers him is he has the time to do it. he says in part, quote, the most

powerful job in the world, like he has this much time you can comment on me. the president tweeted about james slamming his interview with cnn's don lemon. those are your headlines. pete: james dean has a bunch of folks who hope it don't rain. >> reporter: look at this. pilots love "fox and friends". we love it. do we have birthdays, celebrations, birthday right here? you look amazing. what is the secret? i love it. birthday over here. >> 36th anniversary. >> what is your secret? >> i love her. >> over there, i remember 35. what a great crowd. can you come back every single day? it is a beautiful day in new york city, 67 cloudy, it is not going to rain, we have a cold front that will move through the great lakes and bring potential for severe weather so be aware of that.

interior northeast and great lakes with the potential for a wind event and detail of this front we could the heavy rainfall. you want to waive? happy friday. do you love "fox and friends"? pete: very nice. big crowd. ainsley: a group of marines jump into action sprinting toward a raging fire and saving people trapped in a senior home.

pete: quick headlines. overwhelming majority of amazon employees appear to support the democratic party. a new study reveals since 2006,

90% of amazon workers contributions went to democratic packs, only 10% went to republicans. amazon employees donated $611 in 2004. it could be the internet divided by 2028. the next 10 years google's former ceo says one version could go by the united states and the other by china. eric schmidt says china has so much control over censorship of its citizens the country could run its own version of google and the web. pete: christine ford laying out the terms. >> is willing to part of senate judiciary committee as long as no lawyers are questioning her. brett cavanagh can't be in the room and he has to be questioned first. >> constitutional law professor at george washington university,

what do you make of the last one. brett kavanaugh should be questions first. isn't that exactly backwards? >> it is. this notion of you swing, then we pitch, is a ridiculous way of doing this. she is accusing him of wrongdoing, you want to see what those allegations amounts to under oath and testimony and he has to answer for it. democrats are overplaying their hand. they have some legitimate objections, don't want her to testify at the same table as brett kavanaugh. i get that, everyone does but there comes a point when reasonable objections become efforts to manipulate and this is one of them. there is no good-faith reason -- pete: democrats may be overplaying their hand but are they also playing politics, looking at the midterm saying republicans are going to blink because they don't want to make

it look like they are pushing too hard against a woman, 11 republican males on the judiciary committee and that may backfire. >> that is why there is this idea they will bring in a female lawyer who will question her. republican senators do not want the optics of an all-male bench of gop senators questioning the alleged victim. that will present a serious problem for her because that type of attorney will press harder. the optics will not be as jarring for her to ask tough questions. >> the washington post, a guy down there looked at what she said so far it is trying to put together, this whole suggestion on the confirmation hearing, trying to figure out -- it could be a case of mistaken identity because another guy lived there who looked just like him, that

could be a pillar of the defense. maybe she has mistakenly for somebody else but she says or her lawyers there is 0 chance of that. >> i have done polygraph cases in the past and people can have false memories. they can associate with a particular name. the actual assault could well have occurred but she associates the name with a different actor at a person can pass a polygraph. there are a lot of details would have to be laid out. there is no way to do this in a way that won't make everyone feel uncomfortable. there two people here who have to be questioned. they must be respectful but that doesn't mean you don't ask those questions. these are serious allegations in both parties have a right to be heard, not necessarily to be believed. >> how will this unfold? what are your predictions? >> right now i think brett kavanaugh has a better chance of getting through this.

it depends how this testimony unfolds. both of these individuals will be under bright lights and it is hard to tell until we see how they perform. in approaching the election, a significant factor. he does not have the margin to lose even one senator. this is a very tough thing for him to get through. having said that, i think the republicans on the hill believe they can get him through. ed: appreciate you coming in. regarding the mistaken identity possibility, 0 chance. the best video you will see all day. a fire breaks out in an apartment complex and marines do what they do best, spring into action running several blocks to save dozens of lives.

two of those american heroes join us next. meantime bill hammer takes control of the top of the hour. >> was your birthday? ainsley: come on! >> he is a kid or. >> i am new to the news. ainsley: it was the best day. ed: we are one hour from the deadline for the accuser. we will find out within 60 minutes. donald trump chairs a security counsel meeting of the un and we know who will be in the crosshairs during that meeting as we await the release of critical documents, devon nunez is the headliner to answer those questions and more. 10 minutes away.

jillian: a raging fire engulfing a senior citizen housing complex in washington dc. firefighters rushing to the scene helping residents make it out in time but it could have been much worse. if it weren't for the united states marines who came running from their nearby outpost a few blocks away without any fire gear to go in and help rescue the elderly people who were trapped inside and two of those hometown heroes, marine corps captain and gunnery sergeant matthew kale. thank you for being with us. captain gregory, tell us what happens. >> we heard a call on the radio that there was a fire. the marines right in the area, we ran to the fire, got to the scene and helped. we went in, started gathering

people on lower floors, helping the elderly out, working our way up. ainsley: that is so nice of you, sorry to interrupt. sergeant kale, were you nervous going without fire gear? >> know. i'm a little more nervous now than i was during that time. ainsley: you are doing a great job now and you did a great job then. described the scene when you went into the building. i am picturing an old folks home, don't know the right way to say it. >> senior living home. ainsley: tell us what it looks like inside. >> when we got inside, there were already firemen in the building. we directly headed to the top of the floor because from the outside there were people on the top floor we could see through our cameras and what was being passed to us. we got to the top floor. there was smoke throughout the building. it wasn't as heavy as it got later.

senior citizens, people living there, firefighters, we are trying to grab people, bang on doors and bring them out as safely as we could. ainsley: a very big building. anyone who lives on the top floor looks to be in a lot of danger. how did you get everyone out? everyone's life was saved. >> he went door-to-door, ems were already there, we went from room to room through every floor. ainsley: you are amazing, thank you, god bless, thank you for serving our country, have a great weekend, you did a great job. more "fox and friends" just moments away. the same?

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i made an appalling and inexcusable mistake, in a way that identified cavanaugh as a classmate. i take full responsibility for that mistake, and i deeply apologize for it. i realize that this does not undo the mistake. >> bill: we are closing in on the 11th hour. the conditions for her to testify. this is a big story. we are going to develop at this hour. welcome. i'm bill hemmer, live inside "america's newsroom" ." b2 good morning, everyone. i'm sandra smith. attorneys for dr. christine blasey ford say that she is open to testify, but it has to be on her own terms, and here's what she is asking for. no lawyers. only members of the senate judiciary committee, and what kavanaugh cannot be in the room. and the judge must go first. >> bill: so president trump is out in vegas, continue to back his nominee when he said this. >> i want to tell