bret baier beginning at 9:00 a.m. tomorrow and then "the story" live from d.c. tomorrow night. 2348 then, please stay tuned for our good friend tucker carlson who is coming up next from washington, d.c. good night, everybody. ♪ ♪ >> tucker: a good evening and welcome to "tucker carlson tonight." the president held its first news conference in over a year this afternoon, he took questions for an hour and a 21 minutes and 44 seconds, because we were counting. it was mostly about brett kavanaugh's supreme court nomination but in case you missed it, here's part of what he said. >> president trump: they have destroyed a man's reputation and they want to destroy it even more and i think people will see that in the midterms. what they've done to this family, but they've done to these beautiful children of his and what they have done to his wife. and they know it is a big fat con job. they go into a room and i

guarantee you they laugh like hell. 36 years, there is no charge. all of a sudden, the hearings are over and the rumors start coming out. then, you have this other con artist, michael avenatti, come out with another beauty today. look, these are very dishonest people. these are con artists. the press doesn't know it in the press doesn't write it. i could pick another court justice, i could pick another and another, someone could say 35 years ago, ten years ago, five years ago, he did a horrible thing to me. this is just a game that they are playing. it's a con game at the highest level. we are talking about the united states supreme court. >> tucker: we will continue to cover the story all night tonight and obviously throughout the weekend and into next. there are many strains of it

now. one thing we learned for certain, democrats badly want control of the supreme court and they will do whatever they it . stormy daniels has a new client tonight, and her name is julie swetnick. she alleges that about 35 years ago, brett kavanaugh was part of a group of teenage boys in the washington, d.c., area who committed a series of gang. kavanaugh himself seem to be older today when he was asked about the claim. he described it as being part of an emphasis, episode of the twilight zone. in the coming days we will have time to carefully assess all of these claims and the many counterclaims in the story and we will bring all of that to yo you. but tonight we will ask you questions and several come to mind. here's the most obvious one. what exactly is them allocation here in this new claim? richard blumenthal did not hesitate to give his assessment

of what it is. >> what we have now for the first time as a sworn affidavit that specifically identifies brett kavanaugh as seemingly rating a woman who has been drugged. >> tucker: seemingly said senator blumenthal. she claims someone else her, and so who exactly is this person. none of that is clear from her account which is does more suggesting than it does stating. she does claim that she herself was by a number of boys. was it cavanaugh among, among them? we don't know. which itself raises another question, why doesn't her

statement spell out clearly what she claims kavanaugh dead. what is clear is that a according to julie swetnick, horrible things happened in a series of parties in suburban maryland in the 1980s. not talking drunken naughtiness, these are war level client crimes. groups of young women drugged and gang, it's horrifying. so why hasn't anyone taken us to law enforcement? did he contact a maryland police first, they are the ones with jurisdiction here. is it the first time they've seen these allegations? and if it is the first time, how can that be? she describes attending at least ten parties in which public drugging and be seven took place. did any of the many people at these rate scenes mentioned these crimes to police, then or

in years sense? washington is a very small place. among the permanent population here, everyone knows everyone or know someone who does. so where are all the witnesses to this? where are the people that have spoken to witnesses about it over the last couple years? did she or herself tell anyone over that time? beth wilkinson raised these questions today. >> i have had people call me and email me saying they know him, they were at the parties, they've never met her and never seen her. if this was happening over two years with all these women and all these men, someone else would have heard about it and would have reported it by now. >> tucker: affair questions. what's the answer? and by the way, what was julie swetnick doing at these parties? she graduated in 1980 which meant she would be in college when the party took place and

yet she went parties to high school kids. at these parties she saw horrific rapes, and she never reported them to police. most baffling of all, how did the fbi missed the fact that kavanaugh was part of a huge ring? he's had six federal background checks and staff secretary, he had the highest possible security clearance, one that allowed him access to this country's nuclear codes. fbi agents would have spoken to huge variety of people who knew or knew of and kavanaugh during his high school years and yet not one of them mentioned he was a serial who committed his in rooms of classmates. how did that happen? and if it did happen we know that fbi investigators are criminally incompetent. so incompetent they miss a glaring fact like that. so why would they want to reinvest kavanaugh seventh time?

many people wonder about all this, but not the media. how dare they ask, they sold, questions are forbidden here. >> when you hear lindsey graham, a sitting senator say things like i find it curious that these charges were not brought forward until 2018, come on. >> and it's more than that he said, i hope people will be highly suspicious of the allegation because why would she go to ten parties, why would she continue to hang around people like this? if you talk to people in the world of the people that advocate for victims and survivors of sexual violence and sexual assault, they call this victim blaming. >> tucker: they call it victim blaming, but it depends on who you think the victim is. dumb people on television have already made up their minds about that and they would like you to shut up. but there's no reason you should, or an american citizen and it's your country. it's your supreme court and your justice system. it doesn't belong to cable news

anchors or creepy lawyers or u.s. senators who have decided to give up on due process and instead would like to robe accusation and screaming. it belongs to you, too. you can ask any questions you want and expect adult answers, and you should. tonight breaking as well, the senate judiciary committee has released two transcripts of interviews with brett kavanaugh about the allegations against him. mollie hemingway joins us to discuss all of this. first, about the claims brought by stormy daniels' lawyer today. how do you assess them? what questions come immediately to mind when you read them? >> this woman is alleging that while she was an adult she attended parties that were hosted by children were other children were raped by the miners in attendance. she asserts by her own claim that she attended ten of these parties and witnessed these gang and that she continue to go to them, doing nothing, while she was an adult in these children were engaged in this behavior.

i find it difficult to believe that story on its face. as you know, many people in the media are taking it very seriously and they think it's very real, that judge kavanaugh was a leader of a child to gang rate cartels that somehow manage not to be discovered until four days before he was about to be confirmed on the supreme court. that's something that i think journalists should be skeptical of. they rightly pointed out that it was wrong to engage in a conspiracy theory about pizza gate and child rate then, but here they are promulgating this information that most people i think would say is a little difficult to buy. >> tucker: since you live in this area do you think it's plausible that if you had gang taking place in public in a crowded room, not just one but ten of them, serial gain rapes, no one would be able to corroborate this happening?

>> if there were gang rapes occurring, it would be much evidence to support this claim and it would be shocking that it hadn't come out already. i find it shocking that any woman would see a child being gang raped and didn't do anything about it. >> tucker: and we raising those questions by the way is up victim blaming. >> the first story that came out seems like it at least it could be a possibility but each subsequent allegation is getting more and more ridiculous with you makes it seem like the entire thing as a coordinated effort rather than a serious problem that serious people should be taken into effect. the one do you think the nomination process will go forward or will this do what it's intended to do which is stop it? >> is very important that we don't make this a standard by which we allow things to happen.

it's important that people not be able to be bullied out of a nomination by outlandish claims and it is so crucial that we believe people are innocent until proven guilty to say that these claims don't come close to meeting the standard of guilt is a huge understatement. i think it's important for everyone to not let bullies control the process and understand that people do have a right to have a fair, normal and sane nomination battle. but we are seeing now is none of those things. >> tucker: no it's not. barely half a day from testimony from christine ford, what can we expect to see when we see that? we will talk to someone who's very close to the woman who will be doing the questioning tomorrow of ford. plus alan dershowitz, a man committed to fairness even when it cuts against his own position will tell us what we should expect tomorrow for those hearings. what might restore faith in due process and our system. ♪ >> president trump: we have george washington's

george washington, the democrats would vote against him it just so you understand. and he may have had a bad pass. he may have had some -- i think some accusations made. didn't have a couple of things in his past? george washington would be voted against 100% by schumer in the con artists. ubstances. most pills only block one. ubstances. flonase. endless shrimp is back at with all the shrimp you want, any way you want them. there's new sesame-ginger grilled shrimp with savory soy-ginger sauce and sprinkled with asian seasoning. and favorites like garlic shrimp scampi! but endless shrimp won't last endlessly, so hurry in.

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♪ >> tucker: christine ford appears before the senate tomorrow as expected. she won't simply be speaking to members of the judiciary, judiciary committee, she will also speak with sex crimes prosecutor sarah mitchell who has been tapped. but what sort of person's mental and what does she do and what sort of prosecutor ashley been? this is rachel mitchell's boss. thanks for coming on. >> you are very welcome. >> he sent out statement saying, clueless old white guys, pick someone from sheriff joe arpaio's operation. is she from sheriff joe arpaio's operation? >> no she's not, she's a deputy

county attorney which means she works for the mek maricopa county attorney's office. >> tucker: what will she be doing tomorrow if christine ford attends a hearing? >> if the hearing does go forward, my understanding that she will assist the judiciary committee and trying to obtain information and trying to get to the ground truth of whatever allegations have been made and to cover the scope of those during the hearing. exactly how she's going to do that, i'd left her alone as i do with my prosecutors when they are about ready to go into trial and she will be developing that line of questioning based upon her training, background and experience. that will cover any areas of inquiry she will have to cover. >> tucker: when she speaks to someone who has alleged a crime, a felony against somebody else who says she's a victim, is the assumption from the prosecutor that she is telling the truth, that she's not or is it neutral? >> it's neutral. what rachel will do is go in and start by listening, and it

listen to what the allegations are, listen to what people are saying. she certainly has a victim centered focus as a prosecutor, but that doesn't mean you can't accept it as a ground truth everything that's said. it's really important for prosecutors and something she's been doing for about 25 years to listen to all the facts. assess what can be proven, what can be corroborated, what needs corroboration, and then, conduct an overall review. ordinarily for us as prosecutors that decision is whether or not we should charge somebody with a crime, and that's a basic approach in getting information in trying to assess credibility on what type of corroboration that might be, that skill set is equally applicable. >> tucker: i've noticed watching the story unfolded, almost everyone on the periphery of it has been sucked in and damaged. brett kavanaugh's childhood

friend mark judge, most people had never heard of him, is now the center of very intense criticism from the left because he's been named. do you think she's ready for that? she could see her own character assassinated. >> back here in the home jurisdiction, those who have litigated against rachel, worked with her or worked for her, know what her reputation is. and it's based upon her performance, her actions and how she treats other people. and nothing that happenings in the hearing tomorrow will help with that. she's very well grounded, professional, fair and objective and when she's done with that she will be able to leave it behind. that was a task that she was called upon to do, and then it will be done.

just like prosecutors have to move from one case to the next, particularly in this area where her background is sex crimes, you have to be able to deal with the case, work with the victim, and seek justice from the accused, then go to your next case. >> tucker: seek justice. no one is seeking justice, i would be glad to see her as this, the only person doing this tomorrow. >> both ford and kevin i wille asked questions tomorrow in the senate and where what should those questions be? if you were crafting the questions, to these two people whose stories do not match one another, what with those questions be? >> tucker, first, you have to challenge each account. you challenge cavanagh's denial

just like you challenge dr. ford's account. and here you've got an account that has some credibility issues, and you expect this prosecutor, this season prosecutor to go over dr. ford's memory come to talk to her about other events that were happening in her life at the time, and to ask her about her circumstances, the first disclosure of the therapist and the circumstances of the letter she has written. and the inaccuracies and some of her accounts. one point she says, it's her and for boys. at one point she says two boys are in the room and then another it's for boys and two girls. then it's for boys and one girl. all of these inconsistencies will be challenged by the prosecutor. >> tucker: do you think having work done on criminal cases at

the doj, but it's legitimate that justice officials will comment on a case with assumptions based on immutable characteristics. and what happens to the justice when you approach those on those terms? >> i've taken a lot of heat on social media for saying that this hashtag i believe her is absolutely. that is -- 200 years of jurisprudence, and it's not a criminal trial, it's a job interview. i don't care what it is, you are calling someone a sex offender and a racist and he has absolutely every right to have those allegations challenged, tested and even questioned, and that's not victim blaming, it's simply seeking justice. >> tucker: what you said used to be obvious, i don't think i

met anyone who would disagree with that but now it seems half the country seems what you're saying is on micro-aggression. can you get justice in a place where you assume that characteristics assume behavior? >> if this is so appalling to me, you might as well fire every prosecutor, a police officer and defense attorney in this country if we are going to proceed on the assumption that people are guilty merely because of a bear obligation. let everyone just start writing in letter allegations and make an allegation that someone goes to prison. that's not the country i grew up in and it's not the country of the prosecutor and for many years and it's not the country want to be in. >> tucker: it's not the country i want to live in either, i don't think any of us do. thank you very much for that perspective. despite what you heard, many in washington are calling the presumption of innocence and impediment to justice rather than a critical part of it.

we will ask one democrat if that's really the world we want to live in. plus alan dershowitz joins us to weigh in on the kavanaugh story in some detail. stay with us. ♪ when heartburn hits... fight back fast with tums smoothies. it starts dissolving the instant it touches your tongue... and neutralizes stomach acid at the source. ♪ tum tum tum tum... smoothies... only from tums [kno♪king] ♪

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grandpa: symbicort could mean a day with better breathing. watch out, piggy! (giggles) get symbicort free at saveonsymbicort.com. if you can't afford your medication, astrazeneca may be able to help. >> tucker: at more and more democratic lawmakers are saying in public something most of us never thought we would hear. due process is ridiculous, let's get rid of it. accused of doing something that decades ago, and it's not your job to do you prove you didn't do it. >> there is no presumption of innocence or guilt when you have a nominee before you. >> it doesn't kavanaugh have the same presumption of innocence as everyone else in america? >> put his denial in the context of everything i know about him in terms of how he approaches his cases. we have a constitutional duty to get to the bottom of these allegations and judge brett kavanaugh has a responsibility to come forward with evidence to rebut them. >> cavanaugh a kavanaugh who ia

lifetime appointment to this up in court and who i now think bears the burden of disproving these allegations rather than dr. ford and miss ramirez. >> you can see he has thought about due process and he advised both hillary clinton campaigns. can you think of any. in american history where the presumption of innocence and due process were suspended in cases where people were accused of sexual misconduct and they were punished? >> i don't think presumption of innocence really plays a role. >> was there ever a time where we like right now said we accused him in, and he must be guilty? of course he is guilty this is not a jury, we don't have a presumption of innocence and it's certainly not a criminal proceeding where we have to prove something beyond a reasonable doubt. this is -- you're last guest said derisively, it's not a job interview. well if anyone of these senators

was hiring a chief counsel and it came up with all these allegations were out there, i don't think it would just plunge ahead. it wouldn't plunge ahead and hire them. >> you know what you might do actually is make someone undergo six separate personal fbi investigations, sufficient to give him access to the nuclear codes. or they did that with brett kavanaugh. for if he was part of a teenage ring, do you think that would have come up in any of those investigations? >> i think that's a red herring because the fact is, years ago somebody would have said bill cosby was a pillar of the community, and meant it. until woman one woman came outd said, that happens to me, too. and then it was 60. the point is if the event fbi had an done investigation of bill cosby they wouldn't have

found that either. >> tucker: but this is different than what bill cosby was just sentenced for. the allegation now is that brett kavanaugh participated in public rapes, he stood in line if a queue of boys waiting to rate a woman in a party, right here in washington. so is it really plausible, and he did this not once, but ten times. honestly, be real with me. does that make sense to you? >> answer to that is, bring her in and have her testify in public. >> does not sound amazing? >> what makes me uncomfortable is that the fbi is not being brought in to investigate that. that was true with dr. ford's allegations and all things others. >> may i ask an obvious question? this has been going on for a month, as confirmation. it's the night before the hearing, right before the vote.

why, anytime in the last 35 years did she not report this, these multiple that she saw? >> and the cosby victims didn't go public until they saw, it wasn't just them. >> do you think that sounds plausible? >> i'm saying, bring her in and -- i'm saying the answer is, put somebody under oath and have him testify. each of these women -- >> tucker: it she already wrote this under oath. >> each of these women is asking the fbi under penalty of perjury and criminal prosecution to them to investigate. >> and >> tucker: let me ask you one more time. does this account which you have read make sense, this woman attended nine separate gang rate parties, went to the tent and was raped herself and stopped going. brett kavanaugh himself was at these parties and nobody mentioned it in the ensuing 35 years.

does not raise any at all? >> i bet you a week from now, i bet you however much that somebody comes forward and says, -- and that's his problem. if they are out there he's going to be on the bench and it's going to be one and another. >> tucker: so what is the rush? it's been 35 years. if you have two gang in the middle of a small community -- >> why not investigate it? it would take the fbi three days. >> tucker: why if he was a serial was he allowed to walk free for 35 years? i'm not victim blaming, i'm asking a sincere question. >> let's get the facts out. >> tucker: richard jell-o brand doesn't just oppose the presumption of innocence, she says supporters are evil. plus alan dershowitz here to explain how tomorrow's hearings with judge kavanaugh and christine ford ought to go. stay tuned for that.

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>> tucker: a president trump had a bizarre exchange of with jim acosta of cnn today. acosta suggested the president had a duty of some kind of to take about judge kavanaugh from a female reporter, just as soon as jim acosta got to ask the question. >> if you don't mind after i'm finished, if one of our female colleagues could go after me, that would be great. mr. president, to follow up on these allegations -- >> president trump: what does that mean? what does he mean by that? >> i would be happy if a female reporter would ask a question about that issue. if you don't mind -- >> president trump: i wouldn't mind that at all, it would make any difference to me. >> tucker: jim acosta, a big for women. author and columnist of mark steyn joins us tonight.

so let's just be literal for a minute. what does that mean exactly? >> i'm not sure. in press conferences though if jim acosta is in the room, i'm in favor of women and children, and it is actually far more condescending and sexist than all the old, dead, white republican men on the senate judiciary committee. orrin hatch in their worst nightmares couldn't be more sexist and cons a condescending than that. women reporter reporters generally are tough, they don't need gentleman jim acosta to hold the door for them to let them through so they can get a question in. roslyn russell, in his girl friday, rose russell played a tough no-nonsense reporter and she would have punched his lights out. >> tucker: i'm not making any

specific claims against anybody but, have you noticed that the people that make the loudest noise is what feminists they are tend to have a more spotty record with women in their own lives? >> i think that's absolutely true. i think there is an element of projection in the whole hold dt media savagery. they have had a hard year and lost the senator, and whether it's charlie rose or matt lauer or heidi weinstein, and maybe all these people that jell-o brand has been photographed wit with. >> tucker: sheet throughout the course of this kavanaugh story has simply not just ignored presumption of innocence

but she's bragged about it. >> to those who i hear you say over and over, this isn't fair to judge kavanaugh, he's entitled to due process, what about presumption of innocence until he's proven guilty? he's not entitled to those because we are not actually thinking to convict him. >> tucker: she basically says if you support due process and presumption of innocence, you're part of the process, problem so shut up. and >> it's absolutely awful. lord chancellor in england did the thing that eventually became the u.n. declaration of human rights, the presumption of innocence isn't just a criminal court value, it's actually a civil right. it's what viscount sankey called

the golden law. and, it's not a criminal court. it's beyond that, it's a u.s. equivalent of the lord chancellor. and when the state actually says it's a presumption of innocence, one of americans out of 300 million get to be u.s. senators, and not something that every american should be concerned about. the most powerful figures in the land like carson miller know mike gillibrand, are willing to trash -- you mentioned mark judge, for the next 30 years when people google his name was all they will see is that he apparently let all these gang parties across the land. >> tucker: after the show, mark will he join us for a live

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>> tucker: the brett kavanaugh story has heard it from a lot of people already but the big victim may be america's basic sense of justice. norms like the presumption of innocence, due process and fairness itself have all been shoved aside in a political

frenzy. the question is, could tomorrow's hearing start to undo the damage? joining us now as a man who has relentlessly defended fairness at a great personal cost, and he is of course alan dershowitz, author of the case against impeaching trump. and we welcome him now. professor, thanks very much for coming on. so, what do you want not as a partisan or someone who votes with democrats but as someone who cares about preserving our justice system? what do you want to see in these hearings tomorrow? >> i want to see the greatest engine of truth ever invented, namely used a cross examination. and i'm worried that we don't have the right people. the woman who has been hired to conduct the cross-examination has probably rarely ever cross-examined anybody. she's a prosecutor. prosecutors put on cases and mostly defendants don't take the stand. so this is a woman with 20 years of experience as a prosecutor but no experience as a defense attorney, so i don't think she's

the right person to question dr. ford. there needs to be cross examination not only of her but of the new michael avenatti allegation. that affidavit is so deeply flawed and open-ended that good defense attorney would be able to tear that apart in 30 seconds. it's an embarrassment to the law that anyone would file an affidavit like that filled with harris' hearsay. but there were witnesses and people told me, i have been ten times. i went back and i knew there were rapes going on but i went back to the party. this is was such a deeply fought after day -- >> tucker: is this affidavit, does it crossed some line where there could be professional quant sequences? >> why don't they get reaches

that line but it certainly is an extraordinarily weak affidavit. i want to know who drafted it and who filled in the gaps. was she ashley's says by kavanaugh the judge, did he see it, was he in the room? if there were gang like that, how did it not get to the polic police? any lawyer who loves cross-examination would love nothing more than to examine a witness holding that affidavit in his hands and saying, here? here. but he doesn't care about that. all he cares about is getting the headline, maybe she will testify and maybe she won't. but if she testifies, she will be cross-examined in a very effective manner by the cross examiner.

>> why not ask real questions and why not see the claims align common sense, they become so intense that everyone is afraid to ask real questions? >> it was terrible because she had a woman say on television that it was sexist to have appointed a woman lawyer. she would have said it was sexist to appoint a male lawyer. you need a general neutral robot now to cross examine if you want to avoid claims of sexism, it's a "no" win. cross-examination must be effective and it must be tough. it has to be respectful. you can be respectful and tough but do not pull punches. there is so much at stake here. a man's life, his reputation, his career, his family, the women and their credibility. the people of america having a just sitting on the supreme court, the stakes are too high. i don't agree with republicans that you have to take a vote on friday, i don't agree with republicans that there should have to be a continuing background check. no reason not to have a

background check. time should not be the determining factor when you are putting somebody on the supreme court for a lifetime. truth has to be the determining factor. we can't let this boat have been until we know whether these serious allegations did or did not occur and there can't be a presumption of guilt. >> tucker: there can't be a presumption of guilt, you are one of the very few saying that which must be driving you crazy. professor, thank you very much for defending values i thought we all had in common but apparently we don't. >> thank you as well. >> tucker: dozens who know brett kavanaugh well are defending him tonight. one is here for her first television interview after the break

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to say. i also look very forward to what judge kavanaugh has to say. >> tucker: that was a president at his press conference today. more than 60 of brett kavanaugh's childhood friends have now signed a statement demanding him as a man and defending him as a character. missy bigelow car has known him since high school and she signed that letter. thanks for joining us. when you hear these allegations levied against a man you've known for 35 years, what's your response? >> it's heartbreaking, for one, to see our friend go through this horrible process that he is going through and the allegations, and knowing that they are unfounded. at one is more salacious than the next, it's not the man that we know and not the guy that we knew 35 years ago. >> so there was never a moment since you've known him continuously and you were there when he was in high school, you

are thinking, i don't know, maybe? >> never. >> tucker: so there was a series of widely attended parties in which gang raped took place. people don't realize how small these communities are. if there had been ten of these -- >> if there was one of those that have been an enormous upper uproar among all the catholic schools and would have spread like wildfire, or even if it was a public school if any catholic kids were involved. not ten would happen, if even one happened like that it would have been known. the oneness of this claim being taken seriously throughout the press by many politicians that there were at least ten rate parties that brett kavanaugh took place and that somehow no one-third heard about for 35 years, that doesn't strike you as credible? >> 100% not credible. if anything even close to that had happened, word would have traveled like wildfire through our different schools and communities and parents on all

of that. >> tucker: how do you think the kavanaugh family is doing in the face of all this? >> i think they are trying to stay strong and they know they have a lot of support even though they see the opposite on their doorsteps and other ways. that we are all here to support them and i think they know that. >> tucker: i think it's important to remember that these are people, human beings. >> yes and there are children involved. >> tucker: if yes, that's awful. thank you very much. a lot is going on with the story and it's developing all kinds of different directions, even tonight. every person who's covering this is getting text after email after text, with new threads and other allegations. we can't guarantee which are true but we will determine that. we will cover tomorrow's hearing starting at 9:00 a.m. and will go throughout the day. that's it for us, to any and every night to the show that's

the sworn enemy of lying, pomposity, smugness and groupthink. good night from washington. sean hannity somehow showed up on our set here in washington. >> sean: i know, welcome aboard. you gave me five seconds at extra, added to the clock. >> tucker: i'm a generous man. >> sean: we have huge massive breaking news from the political "wall street journal" just literally seconds ago. we will break it down. this stench by the way has never been worse. tonight, there is no line that democrats in this country, the left in this country, it will not cross when it comes to stopping the nomination of judge brett kavanaugh. all civility, all morality, all decency, all fairness, it it has all been thrown right out the window and right now tonight we are in a trench fight for what are the fundamental rights of all americans. democrats clearly now on a witch