job interview of his life. and his accusers'. stay with fox. right now, "the five." ♪ >> jesse: hello. i'm jesse watters with judge jeanine pirro, juan williams, lisa boothe and greg gutfeld. it's 5:00 in new york city. this is "the five." brett kavanaugh firing back against sexual misconduct allegations in an exclusive interview with fox news. you will hear from him in a moment. but first, we want to get you caught up. the supreme court nominee blasting what he is calling a last minute character assassination while adding he won't be smeared and intimidated into withdrawalling. this comes as a second accuser has come forward accusing kavanaugh of sexual misconduct during a party when they were students at yale.

the woman identified as debbie ramirez is admitting to "the new yorker" she is not certain it was kavanaugh at first and acknowledges there are gaps in her memory of the evening because she was drinking. the author who cowrote the piece explains more about the uncorroborated claims. >> at first she wasn't sure it was kavanaugh, when you first came to her last week. you write after six days of carefully assessing her memories and consulting consulth her attorney she became confident it was him. >> george, that is extremely typical of the stories. when you are dealing with trauma, alcohol, many years in between. i think the more cautious witnesses i have dealt with in cases like this, very frequently say, "i want to take time to decide, i want to talk to other people involved. i want to search myself and make sure that i can affirmatively stand by the claims." >> jesse: farrow causing controversy when explaining why ms. ramirez decided to

speak out now. >> she came forward because senate democrats began looking at the claim. this came to the attention of people on the hilled independently. it has cornered her to awkward position. she took time to to think about it carefully. she said, "i don't want to ruin anybody's life" but she feels this is a serious claim and considers her memories credible and felt she was forced to tell her story. >> jesse: this is what was said in the exclusive interview martha maccallum tonight. >> the truth is i have never assaulted anyone in high school or otherwise. i am not questioning or have not questioned that perhaps dr. ford was sexually assaulted at some point at any point in some place but i know i have never sexual assaulted anyone. >> jesse: what do you think of the process of which the woman's story came out?

she is reached by the senate democrat staffers and then, i believe, maybe she is coached or massaged by lawyers and democrat activists to remembering what she believes was a sexual misconduct situation, about 35 years ago. does that strike you as strange at all? >> you know what strikes me at strange that you have farrow who had a good reputation, who now comes out and says well, you know, based on my experience, it's not unusual to see what has happened. you're wrong. based on my experience, 35 years in law enforcement, creating a sex crimes unit, trying rape cases, listening to complaints you don't have someone say i need six days to figure out who it was. and then needs to consult with their attorney. they usually at that point if they believe that there was some kind of sexual assault or misconduct, they know who did it. and the six days are to decide whether or not they want to go

out and tell the story. she says she came out with it because she wanted to tell her story before someone else does. the bottom line. if you can't find a corroborating witness to confirm what you are alleging with judge kavanaugh who else are you worried about telling your story because there is no story. but i can start with due process. nowhere near the delayed democrat complaints. >> jesse: so juan, if you have no witnesses to the alleged misconduct and then you were calling around some of your friends back at yale on the phone and saying, "you know what? it may have been kavanaugh, it may not have been kavanaugh. do you think it was kavanaugh? i can't quite remember." then another female associate, her best friend says she never told me anything about this. does this tell you that maybe she might not have it exactly right about specifically kavanaugh? >> juan: yeah, it does. i think that she is saying of her own volition she wants to be sure. that she thinks it's such a

serious allegation she took time and she is putting all of your doubts out in public. she is not trying to say oh, i'm certain when she is not certain. she is saying i'm not clearly certain. i was drinking. so i think that is pretty straightforward. ronin farrow says he considers what he did high level of evidence. i'm quoting. and says that direct account from people she told right afterward this happened with kavanaugh. that is what farrow says. he says he applied that in other stories of similar instances of sexual misconduct and says it has proven to be ironclad and a good way to do it and he considers this is a high standard of journalism. >> jesse: i didn't know that is the way he went about it. thought he found someone who heard something like that had happened. not that this woman had told a friend about it afterwards. >> lisa: the piece says they have not confirmed with other

eyewitnesses that kavanaugh was present at the party. the "new york times" reached out to several dozen individuals trying to corroborate the story and could. no and even reported that ramirez herself was calling to ask if they could recall this from happening. this is pretty clear to everyone what is going on now. the #metoo movement created an environment where we are coerced to simply believe a woman because of her gender. democrats are taking advantage, manipulating that environment. and now weaponizing the uncorroborated accusations as a political tool to clobber judge kavanaugh with. it's disingenuous and dangerous. frankly, the "new yorker" should be ashamed they ran the story to begin with. >> jesse: greg, if you look back to the weekend. one of the alleged witnesses with dr. ford, female, good friend, came out and said i never heard of this. not sure about the party. don't know anything about this. then you have a second ad victim come out -- alleged victim come out. what does the pattern tell you

now? >> greg: dianne feinstein could run an airline with that kind of timing. i was perfectly timed. you have a long-time friend, fourth person in the story with no recollection. boom! it was a saturday. sunday you had new accusation. what worries me in the big picture we are shifting the meaning of the word "corroboration" before an accusation would require collaboration, which meant witnesses and evidence which the ford case seemed to look. now this other one seems weaker than ford. so you corroborate one allegation with what? another allegation. so what happens is the media is less inclined to dive deep in the story. instead just pile well, it must have happened because now it's quantity not quality. >> there is an additional point. i have never seen anything like this in my career over three decades. i've never seen so many repressed memory cases in my life. especially against one guy. >> greg: yeah. >> so the question is, if there is something awry going

on, was there hypnosis? are they using confablation? i don't want to get in the weeds here. but this is the thing they have a right to true cross examination. the democrats don't want true cross examination. they want kavanaugh to go first. how does the defendant or the accused go first when he doesn't know what the accusation is? how is it the defendant able to rebut and present a defense when the complaining witness doesn't give a bill of particulars as to what happened? i mean this is so backwards. it's so obviously an attempt -- attempt -- >> juan: let's go with what you are saying. >> good. >> juan: let's have the f.b.i. -- >> she is okay with that. >> juan: have the f.b.i. come in and say here is a fact basis that we can all agree on. and that is what they are calling for. >> so let me ask you this, juan. >> juan: no, let me just say. you have a situation here where you just described, judge, one set of facts from one person and another set of facts from another. and then she says the party occurred. he says i wasn't at that

party. he says i don't know when the party was. how can he deny he is at a party she hasn't identified? >> first, let me explain something. when she says something, he has the right to know specifically what it is. >> juan: okay. >> but in the end, there is no way you can even consider bringing in the f.b.i. my question to you is a simple one. everybody is talking about let's bring in the f.b.i. why the hell haven't you asked the f.b.i. to get involved? why did dianne feinstein sit on this for six weeks? why did she sit on it for 36 years? >> juan: it was anonymous. >> it was. no they knew who she wednesday. >> juan: -- who she was. >> juan: she was anonymous. this is something you asked about. in this case, when someone is nominated for the supreme court and suddenly you have all the world's eyeballs fixed on this guy. now they are going to fly speck him. i don't care who you are. that is a fact. so suddenly a lot of people who knew him and had questions. remember, in the second case, that woman wasn't coming forward.

the woman at yale. >> how did they find her? >> juan: the democrat heard stories about -- >> well then where is the cob rating -- corroborating witness to say they heard from someone. >> i'm with you, judge. bring in the f.b.i. in. >> no. the f.b.i. doesn't do these cases. that is why they haven't answered yes. >> juan: i'll tell you what is interesting going on today -- >> this is all confusion and all -- >> juan: no, no. what is interesting that martha maccallum tonight is going to have kavanaugh and his wife on her show. to me this is like wow! you mean a guy who is up for a supreme court nomination decides it's important to take a break and do tv? >> jesse: i think he is trying to defend himself. >> greg: wait, wait, wait. you can't smear a guy from trying to defend himself. >> juan: i'm saying boy, did you see the fox poll? the fox polyped kates now more people believe ford than believe kavanaugh. >> greg: what a surprise after what has been done to him. if allegations are enough without witness or without

evidence, you should worry about your husbands, your brothers, your sons and your fathers. >> and yourself. >> greg: there needs to be a new woman movement called momma bear because they are coming for your sons. >> can you be part of it if you are not a mom? don't exclude me, greg. >> greg: what is going to happen is because you can't nominate men anymore? you know who is the supreme court justice? judge pirro. >> not a chance! let me tell you, all i'd like to do is question the two of them. that is all i want to do. >> jesse: more proof that the facts on kavanaugh don't matter to democrats. the latest left wing smear ahead. plus, martha maccallum joins us to preview her exclusive interview with brett kavanaugh and his wife. got directions to the nightclub here. and if you get lost, just hit me on the old horn. man: tom's my best friend, but ever since he bought a new house... tom: it's a $10 cover? oh, okay.

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♪ i was never at any such party. the other people who are alleged to be present have said they do not remember any such party. a woman who was present, another woman who was present who is dr. ford's life-long friend has said she doesn't know me and never remembers being at a party with me at

any time in her life. >> judge pirro: supreme court nominee brett kavanaugh denying allegations against him in an exclusive fox news interview. while at least one senate democrat appears to admit that the facts don't matter. >> doesn't kavanaugh have the same presumption of innocence as anyone else in america? >> i put his denial in the context of everything that i know about him in terms of how he approaches his cases. he has an ideological agenda and it's outcome-driven. >> it sounds like because you don't trust him on policy and you don't believe him when he says he does not have an opinion on roe v. wade, you don't believe him about the allegation that happened at the party in 1982. is that fair? >> this is why it's important there is an investigation so there is some effort at collaboration. >> judge pirro: greg, "effort at collaboration." i think it's called

"corroboration" but i'll let that go. listen, i haven't asked the question yet. you have a senator saying that she doesn't believe him in the context of this decision. what is she trying to tell us? >> greg: the mask dropped there. she is putting denial in context. meaning, she doesn't deserve the benefit of the doubt because of his politics or his potential policies. for example, if i said, it would be like me saying i'm skeptical of progressive mem anymore so i don't think a progressive -- progressive feminism so i don't think a progressive feminist should get due process. we are not one people. we are now tribes. this is not going to end well. this is not going to be the republicans versus democrats or men versus women. it will be everyone for themselves because accusations and allegations require no proof, no evidence. that means i can do it to anybody i want. >> juan: but we used to live in a country where, you know what? we were americans and you could go to the court and get

a fair hearing. in this case, orrin hatch already said forget about it. i don't care -- >> i don't know if that is what he said. he said he would vote on it. lisa, in a he said/she said, does anyone win? the scales of justice are like this. preponderance of the evidence is slight. beyond a reasonable doubt is like that. that is the world i have dempt -- dealt in. now it's not preponderance of the evidence. if he said and she says, she wins. >> lisa: we used to live in a world with the presumption of innocence. and senator hiraman -- senator hirono is saying she is not going to believe him because of his politics.

she said that men should fundraise as well as she is fundraising off this as well so she is the only one showing the democrats' cards that it's political. they have been trying to take down judge kavanaugh from the beginning. now they are weaponizing allegations not corroborated to do that. >> juan: the other side is republicans are trying to push through judge kavanaugh. you have president trump tweeting you know, let's forget about whatever this woman had to say. and you have people now like susan collins saying i'm appalled that the president would say such a thing about a woman who has a serious charge. >> lisa: but, juan, can you deny we were at the 11th hour? >> judge pirro: it was about to go for a vote. and they now say come one a whom who doesn't know anything, doesn't have a corroborating witness, says she can't fly. she has to drive across the country. now the second delay is the -- c'mon! how much of a delay? we have to go to the f.b.i. what doesn't someone go to f.b.i.? i have been listening to this

for three weeks. go, get it done. >> juan: wait. i thought you said you oppose the f.b.i. looking at this? >> judge pirro: because they won't look at it. they don't do local crimes. they don't do sex crimes. >> juan: excuse me. they do. supreme court nominees. >> judge pirro: they do background checks if you are over 18. >> juan: so this is a background check. >> judge pirro: they did six of them. they didn't know about the woman. if the dems found the woman, they found the second one, ramirez, why didn't the f.b.i. find her in the six background checks? >> juan: remember with the anita hill case, again, the democrats were the ones who kind of forced her to public. >> judge pirro: jesse, i need your opinion. >> jesse: voice of reason needs to step in. i will say this. if you go to a party with your best friend and it's a house party and something happens. and you don't tell your best friend about it afterwards. and then the person, your best friend, who you say was at the party where the incident happened says i was never at this party and i don't even know brett kavanaugh and i

have never even really met brett kavanaugh. and everybody else you name at the party has never met you or doesn't know you or know anything about the party. doesn't that make your story a little bit suspicious? and then you bring on to your legal team andrew mccabe's lawyer. what does it say about how politicized this has gotten? the democrats completely destroyed the confirmation process. >> judge pirro: you are a reasonable man. what will happen when trump and rosenstein meets face to face this week? the president explains next. ♪ ♪ ♪ no matter when you retire, your income doesn't have to.

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>> juan: welcome back. we'll have more of martha maccallum's exclusive interview with brett kavanaugh in a moment. but first, other big news today. rod rosenstein set to meet with president trump on thursday. after a day of wild

speculation as to whether he will resign or be fired. the president addressing it earlier. >> president trump: we will be meeting at the white house. we will be determining what is going on. we want to have transparency. we want to have openness. i look forward to meeting with rod at that time. >> juan: rosenstein facing intense scrutiny over a stunning report on friday that he suggested secretly recording the president. he talked about apparently invoking the 25th amendment to try to remove trump from office. rosenstein has denied those claims. judge, what do you make of it? >> judge pirro: i have to tell you. this guy rosenstein, you know, it doesn't matter. to me, the "new york times" article doesn't matter, juan, because the first time i heard that he wrote the memo telling the president all the reasons why comey should be fired, and now is in charge of the investigation that includes part of it the president may

have obstructed justice in the firing of comey. once i found out that rosenstein signed one of the fisa applications and one of the recurring applications which required additional information. and then you find out that rosenstein when he appears before congress has a smug look like yeah, we'll get you the reports. we are working on it. we are working on it. then all the reports are redacted. i say to myself, "self, what is this guy doing controlling this investigation?" he should be fired. but now i don't want him fired. i don't want him fired. i don't want the president firing him. i want the memos to come out. i think that there is something in the memo. >> lisa: rod rosenstein is also guy that laid out the case for firing comey and then there was the obstruction of justice and that is questionable in itself. there are suggestions he was joking but does it matter?

the bigger problem is it could be true. if you look at things like the "new york times" op-ed and the text messages about stopping president trump. you look at the fact that the f.b.i. used the democrat opposition research to obtain a fisa warrant against carter page. it's troubling that it wouldn't be out of the realm of possibility for rosenstein to tell the truth and it not be a joke. >> juan: so today, rod rosenstein met with john kelly, the chief of staff. as he was going over to the white house, the thought was he is going to be fired. then came the report maybe he is not going to be fired. but he is going to resign. and prevent himself from being fired. then they have a meeting and now we hear no, it's simply a meeting on thursday with trump. what is going on? >> jesse: thursday is a big day. i want -- i can't wait until thursday. i don't know if he got set up by mccabe or the white house. i don't know if he got set up

by someone who wants to set a trap to fire rosenstein. i don't know. but i know this. rosenstein is not a good faith actor. he has been playing this "game of throne" stuff with the white house and everybody for quite some time. when you play that game, sometimes you get knifed. remember, he signed all the fisa warrants and he was the one that oversaw the firing of james comey. then he oversaw the obstruction case about the firing of james comey. total conflict of interest. he is not giving any document that the house judiciary committee wants. he is stonewalling for the last year and a half. time for him to go. if he does go, the next person in suck sex is noel francisco. he seems like a straight shooter and he has been critical ofcomey for giving hillary clinton the kid glove treat. and if rosenstein does get dropped i think he is a good replacement. >> jesse: apparently the -- >> juan: apparently the

president was polling the staff on friday whether or not he should fire rod rosenstein. what do you say? >> greg: that is normal. the c.e.o. often asks a staffer about stuff. that is what bosses do. normal behavior. i'm with the judge. i don't think he should be fired. i have a different reason. i think whether he is joking or not is important from my perspective. as someone whose life is regularly punctuated by events where i have to explain to people, "honey, i was just being sarcastic." i have to defend him on this one. the possibility that his comments were sarcastic, that could be said about everything that trump says. people get upset about trump. because they took him literally when he was just making a joke. so the same thing is happening to rosenstein. >> jesse: which is it? >> greg: the point is, the point is, the bottom line is people who condemn anonymous sourcing of the "times" op-ed now embracing this anonymous sourcing are hypocrites.

it was likely sarcastic remark because i'm a guy who makes sarcastic remarks. >> judge pirro: what context? we need the comment. what do you want me to do, tape him? >> greg: have you ever said that, "what do you want me to do --" and you say something you didn't mean and then have to buy flowers. if you are a sarcastic person side with the excuse it's a joke. i always is a joke. >> juan: i generally don't agree with this guy but i agree with this for a different reason. i don't think there is any evidence to say he did anything. >> judge pirro: oh! >> jesse: rosenstein! >> juan: brett kavanaugh is speaking out against sexual assault allegations in an exclusives fox news interview with martha maccallum. martha is here next with a preview.

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in an exclusive interview airing tonight on "the story" brett kavanaugh and his wife ashley sit down with martha maccallum to address decades' old nomination of sexual misconduct against the supreme court nominee. here is a preview. >> we are talking about sexual assault. i never sexual assaulted anyone. i did not have sexual intercourse in high school or for many years thereafter. the girls from the schools i went to and i were friends. >> martha: you are saying through all the years in question, you were a virgin? >> correct. >> martha: never had sexual intercourse with anyone in high school? >> correct. >> martha: and through years of college since we are probing in your personal life. >> many years after. i'll leave it at that. >> lisa: wow! that entire interview airs at 7:00 p.m. eastern tonight on fox news. martha joins us live from washington, d.c. hi, martha. >> martha: hi, lisa. >> lisa: i'm looking forward to the interview. i have no dough it will be

phenomenal. my question is this is a risky strategy for him and his wife to sit down with you ahead of thursday's hearing. democrats are looking for anything to use against him, anything he says can be used against him. what is the strategy behind him sitting down and agreeing to the interview? do you know why they did the interview? >> martha: that was my first question. i wanted to know what prompted them to speak out prior to thursday's hearing. he said he wanted to clear his name, which he said many times and he looks forward to doing that thursday in the hearing, if indeed it happens on which i feel everybody thinks there could be twists and turns before that. i wouldn't be surprised if it was sort of an effort to kind of kick the tires and get the tough questions and go through it to see how he stands up. because we literally asked him ever single allegation. we did not hold back of the detail and the graphic nature of the allegations against him. i wanted to hear his answers and i wanted to ask him questions in front of his wife. i asked her did you ever become doubtful or angry when all of the allegations came

forward? did you ever look at him and wonder? she says she did not and she never wavered in her support and she believes that the allegations are lies. >> lisa: wow! we will take it around the horn. jesse? >> jesse: i'm just kind of still reeling from the sound bite we played at the top, martha. the democrats have played the race card. the gender card. he is now playing the "v" card. he is a virgin. that is the defense he is going with. was a virgin until i guess early in the mid-20s. what kind of impact do you think that will have on this debate we are having in this country? do you think he will get teased now by the left? >> martha: probably. >> jesse: how do you think it will play out? >> martha: i thought it was a difficult thing for him to say. my guess is it may have come up in preparation and the discussions he has had about all of this. in his defense of himself. he probably said look, i didn't sleep with anyone. he wanted to make that point today which i thought was very

interesting. it doesn't necessarily, you know, go fly in the face of some of the allegations which fall short of that. >> jesse: that is true. >> martha: but it does, you know, continue to paint the picture of him as someone who was very much on the straight and narrow. so, yeah, i think he will probably get ribbing for it. i think he feels like it's something he wanted to be honest about and he wanted out there and he feels like it speaks in his favor. >> juan: i think it's pretty clear why he talked to you, martha. i think it's the polls, the fox polls that clearly show there are fewer and fewer people who think he should be confirm and who believe him. more people believe professor ford than believe judge kavanaugh. so to my mind, the key issue is here how did you, martha maccallum, react? did you come away from it feeling you know what? i think this guy is bearing his soul? or did you think well, this is a political step being taken by someone who knows that he

is losing political support, especially among suburban women? >> martha: it's clear he believes he did not do anything along the lines of the accusations. i pressed him. is it possible that you had a physical interaction with chrstine blasey ford, that she misunderstood? were you ever so drunk that you forgot what happened one night? because he admits in the interview that, you know, they were all drinking. that there were nights that they drank too much. i said did you drink too much so that you forgot what happened? he says no. i came away believing that he believes that he never did anything along the lines of what he is accused of. i also went in the michael avenatti claims, which are egregious as well and he claims he was never at a party where anything along those lines happened. so he is really far out on a limb here in saying, you know, unequivocally that the things didn't happen. he is not saying i had a

relationship with this woman. maybe she misunderstood. or anything like that. he is saying absolutely not. i mean as a reporter, i'm listening to what he is saying and i'm taking it in and we weigh it against the evidence on the other side. >> judge pirro: you know, martha, a lot of times jurors when they listen to witnesses or the accused, they are more focused on their visceral reaction to the individual, as opposed to, you know, the testimony itself. and we haven't seen dr. ford yet. but two questions. your visceral reaction to kavanaugh being closer to him than just a television camera? and then number two, what shocked you the most? or surprised you the most about his answers? >> martha: you know, i think that he is obviously -- this has really been hard on the two of them. he is very nervous and pent up about all of this. you can just imagine what this is like. when you go to bed at night and the two of you are there alone and you are thinking

about what you are going through with all of this, regardless of where everything lies. it has to be devastating. so i walked away feeling he is a person who believes many his convictions and he believes he is innocent. she clearly believes he is innocent. she is sort of a calmer center and she definitely believes that he is innocent. what surprised me, i think the virgin comments surprised me because he is willing to bear the inner most secrets to clear his name. it also surprised me that there was no nuance. there was no sort of -- i asked him, you know, do you think -- this is a hard question to answer. but i asked him do you think separately from your experience, a teenager, someone who is 17 should be held responsible for what they do the rest of their life? he said i can't say. i have led a good life. i said no, but if it wasn't you. you're the judge. you are look at someone 17 and younger should they be held

responsible if for actions? he would not answer that specifically. i think when you think about it, you sort of damned if you do and damned if you don't with the question. if you say yes, you are culpable for what you did prior to 17. the headline becomes judge kavanaugh becomes that it's okay. nothing is off limits. if you say you are not, then the headline becomes he thinks everything you do before 17 is okay. so, you know, that surprised me. >> lisa: i want greg in here as well. >> greg: remember, it used to be threatened it's on your permanent record. you brought up avenatti. i don't know if the judge wants to respond to this. or you, martha. but i saw the tweets. what he is suggesting is grotesque. he is suggesting gang rape. how can someone put that forth without evidence? i would assume that the bar association would be all over this. how can he do that? it blows my mind. >> martha: i can tell you i

asked him about that specifically. and he was emphatic that he had never been anywhere where anything like that was going on. i said what about sort of things that were happening behind closed doors at parties that you were maybe aware or should have been aware of that seemed more innocent than they are described in the tweets? he claimed that he had never been at any event where anything like that happened. now michael avenatti says he has witnesses. and that they have specific allegations and the specific facts they can attribute him being there to. we will see. >> judge pirro: quickly, this kind of thing should go before the grievance committee. i sat on them. and accusing someone of a gang rape is slander per se. and avenatti ought to be concerned about his law license if he isn't already because he is $10 million in debt. in taxes and to people -- >> juan: martha, did you ask judge kavanaugh if he thought that michael judge, his friend who keeps writing, he has written about the -- mark

judge. >> greg: mike judge is somebody else. >> juan: did you ask him if he thought that judge should testify or come before the senate? >> martha: yeah, you know, he basically said everyone in his life corroborated his story. he didn't answer whether or not he should come before the court. but i did ask him about the other guy who just came out. roche. who was his roommate at yale and said he found the stories to be credible. he didn't have firsthand evidence but it didn't surprise him that these things would happen. his answer is interesting on that one. stay tuned for that tonight. >> lisa: martha, we will be watching. thank you for being with us today. >> martha: good to see you. >> lisa: more of "the five" coming up next. stay tuned. when you rent from national... it's kind of like playing your own version of best ball. because here, you can choose any car in the aisle, even if it's a better car class than the one you reserved.

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>> greg: final thoughts here. i will say this innocent until proven guilty. if we let that go and we start to manipulate the language we are all screwed, everyone at this table, everyone at home, everyone you know. we live and breathe on that one point. i think from a media

standpoint the worst thing is to find out that nothing happened. there you go. >> jesse: russia collusion. nothing happened. this is what i was thinking about. how would you conduct yourself if you were smeared and you didn't do it? if you felt you were being smeared by someone in that way? i would be so angry and intensely upset about the accusations and upset it was destroying my family and vehemently denying. he came off to me a little sad, and he came off a little soft spoken. i understand he has to conduct himself like that because he is a measured guy. he is going to be on the supreme court we believe. but i don't know, is he going to be like that at the hearing on thursday? i don't know how it will play when you have a female who is up there and, you know, she could be emotional and she

could be very believable. thursday is huge. i don't know if that is going to play on thursday. >> judge pirro: jesse, i wouldn't be surprised if he changes on thursday. because then he will be confronted with the specifics of this alleged assault. right now, you have to admit that he is sad and exhausted. i understand that his little girls are upset about this. the man left an exemplariry life at the citadel of the judicial life and supreme court. and now they are trying to bring him down as a sex offender. i don't know if i'd get out from under a rock. >> lisa: you have two women making sanction with no evidence or corroboration and can plo tenially derail someone's career. he has two daughters and a wife as well. you don't think the lawyers hear about this at school and it will change how they look at their dad? it's dangerous that "the new yorker" ran a story when hay said they couldn't find someone with the firsthand

knowledge it had happened. this is in a terrifying world in my opinion. >> jesse: i was very open-minded about ford from last week. i wanted to hear what she had to say and i was willing to believe what she had to say if she came through with facts. but if you add the second woman and add the gross stuff that avenatti is doing, the timing is political and suspicious. it ruins the original accusation in terms of the credibility. >> juan: here is the real deal to me. you have now republicans up for midterm elections. i'm talking about susan collins, lisa murkowski, jeff flake is not up but you have people are aware of how republicans will be seen. do they really want to hear this woman? or the case you want her out of way and then solidify a hard right conservative majority on the court for generations to come? conservatives and republicans have to play it carefully. >> greg: i think they have been accommodating. >> i don't think so.

>> greg: they want a conservative court. >> judge pirro: that is the day that a witness tells me she is coming court. who does that. >> greg: one more thing up next. i know that every single time that i suit up, there is a chance that's the last time.

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national anthem of ever seen. >> ♪ or the land of the free ♪ in the home of the brave >> that was 7-year-old melia emma. it very well done. >> amazing. this is amazing too. greg's lazy. i'm so lazy i don't even like to solve puzzles. i look puzzles that can solve themselves. it like this cube, which can actually do it that it itself. it seems to walk like i do when i'm coming home from a bar. it's programmed to solve itself so you can just buy it, you never have to do it. this is my kind of automation. right about now it seems like it wants to kill itself because it has no free will.

>> judge kavanaugh tomorrow. you probably do. >> it's not over yet. >> it's a big day for me. my new book comes out tomorrow. what do you have to lose? trumps war on civil rights. to celebrate, my daughter made me a cake that looks just like the cover of the book and she sent out this message on facebook showing her cake work and pumping up old dad spoke with the message telling people to order a copy. the book breaks new ground and will have you and your friends deep in conversation about where were going on race relations today. >> most dogs have been abused or neglected can only hope for a home for they will be fed and cared for. i recently adopted my first rescue poodle and i couldn't be happier. he's the one who standing.

i suspect stella couldn't be happier. real happiness is when a rescue gets love and attention 24/7 is this 3-month-old puppy did in texas. sergeant squelched, badge number 9/11, as she is known, will soon be making their debut as they conduct programs and community events. the sergeant isn't just being surrounded by love, he's being overwhelmed by love. adopt a rescue. >> very nice. >> staff celebrated stephan's 100th birthday. he spent this past year's going there ordering the same thing and staying several hours. happy birthday to you. >> 100? >> do you want to live that long? >> do you think i would be comfortable or just be cranky? >> may be cranky. >> my friend lisa. when i'm 100 i'm going to call

you, lisa. >> set your dvrs, never miss an episode of "the five." "special report" is up next. ♪ >> the truth is i've never sexually assaulted anyone in high school or otherwise. i'm not going to let false accusations drive me out of this process. i'm not going anywhere. >> bret: this is a fox news alert. i'm bret baier in washington. judge brett kavanaugh bowing to fight on despite new allegations of sexual assault against him. he and his wife talked with martha maccallum exclusively today, an interview you'll see in its entirety next hour. we'll have a preview in just a minute. if tonight, at least one other woman is alleging brett kavanaugh assaulted her during a drunken episode at a party, this one during his first year at yale. kavanaugh is denying it forcefully and his supporters