>> the waiting game in washington, as the fbi investigates assault claims against president trump's supreme court nominee, brett kavanaugh. plus, moments ago, north korea announces that the united nations general assembly, it will never disarm its nuclear weapons without more trust from washington. and we're learning more-- what that could mean for your personal information.

and you know if it was anybody else they would haven't taken as seriously, we know, chris, we travel a lot. he trust chris coons and that's one to have reasons that he decided to push for the one-week investigation n. the time period he asked for it, there was this poynant moment in an elevator in

capitol hill. >> you're telling me that my assault doesn't matter, what happened to me doesn't matter and that you're going to let people do these things into power. that's what you're telling me when you vote for him. >> in the interview with the atlantic he says he's predisposed to vote unless something comes up to investigation because kavanaugh is a conservative and he's a conservative. he's essentially in the same boat with a number of democrats and republicans that are looking for investigation and waiting to be concluded for the next week before they decide how they are going to vote. lisa murkowski, republican of alaska, she writes, it's important to have fair process for sake of judge kavanaugh and dr. ford as well as integrity of judicial branch and senate confirmation process. she, susan collins, republican, joe manchin of west virginia, they are going to decide whether

judge kavanaugh becomes justice of the supreme court, back to you, jon. >> rich, thank you. will be limited in scope and will take no longer than a week. leland vittert has a closer look at what that investigation could entail. >> leland: hey, jon, they are unmatched and almost unlimited, there are serious questions as to what they can uncover here beyond anything that's already in the public record. >> there's no physical evidence here, there's no forensic evidence, no electronic evidence, far too old to this, they would be limit today half a dozen people of what's already been done by the senate. leland: let's review key players, christine blasey ford stands by allegations, her lawyer says thorough fbi investigation is critical to developing all to have relevant facts. judge kavanaugh continues to deny any and all charges against him and says he will speak to the fbi.

one of the people likely to be interviewed is ford's friend leland kaiser who ford said was at the party where the alleged assault took place. her lawyer said she too will cooperate with the fbi but here is the quote from a letter, my client has already made clear, meaning leland kaiser she does not know judge kavanaugh and has no recollection of ever being at party or gathering where he was present with or without dr. ford. notably ms. kaiser does not refute dr. ford's account and she believes dr. ford's account however simple and unchangeddable truth is she's unable to corroborate because she has no recollection of the incident in question. mark judge who ford also says was at the party says he has no recollection of the events but will also cooperate, same thing for alleged party attendee patrick jay smith. republicans keep pointing to this sound bite from then judiciary committee member joe biden in the anita hill

hearings. >> fbi explicitly does not in this or any other case reach a conclusion, period. so when people awe an fbi report before you, understand they do not, they do not, they do not reach conclusions. leland: to that point, some of kavanaugh's supporters are spinning this as a good thing saying saying the mere fact of fbi report will take away a key democratic talking point making it worse the week-long delay, jon. jon: all right, leland vittert in washington, thank you. let's bring in former fbi assistant steve to discuss how this investigation might affect kavanaugh's confirmation, what conclusions might the fbi reached. we essentially heard joe biden in a long ago sound bite saying that they're not going to necessarily confirm or deny anything that might have happened here. >> yeah, that's true of all fbi

investigations. the fbi never reaches conclusion but hopefully they provide enough information within their reports that allow a reasonable person to reach a conclusion based on the work that they've done. social security simplistic to say they don't reach conclusion. that's kind of a mischaracterization i would think of what the fbi's work does. jon: so they might come forward with a report that says something to the effect that no evidence can be or no witness recalls such, such and such. >> they'll do more than that, jon. they will recount what they found and tell you what the witnesses said in accurate unbiased way and you conclude from reading that report what you conclude. that's the way it works, they will be thorough, i would expect, if i was running this investigation, they are going to start with a very detailed interview of dr. ford. they're not going to conduct an investigation based on a letter, the content of a letter that she wrote, they will sit down with

her and do it in a way that's hopefully sensitive and dignified but they are going to probe, they are going to ask questions whether there are lapses in the information and that's something that i know it's controversial especially when you're dealing in this day and age but they are going to do that, she will have to answer some tough questions, they will then do the same to judge kavanaugh. they may ask both of them to submit to a polygraph examination, an fbi administered polygraph commission. -- examination. not contracted by the attorneys. that will put interesting spin on this. to say that this is going to be concluded in a week it may be, any student of recent history has to understand that once the investigations are launched they have a way of taking on a life of their own. the fbi will purview diligently and thoroughly what they have to pursue and i would say there's

no guaranty that this -- that they can do that in a week. they may or may not. jon: that's the deadline that the senate has put on them, is it not? >> deadlines can be extenlded again depending on how this goes. i'm not saying that that's going to happen, i'm saying it's a possibility to predict the way the course of an fbi investigation and how it's going to go and how long it's going to take is -- is like playing roulette. jon: as we have all learned in recent weeks lying to an fbi agent can get you thrown in jail. >> yes, it can, another potential consequence of this kind of investigation. this is far from simple. it's delicate, i have every confidence in the fbi to do this -- to do this thoroughly, to do it to the best of their ability but you are dealing in events that occurred 36 years ago that are sketchy, so who knows at tend of it what they're going to

be able to -- how much will come, it's just not predictable. jon: does the fbi want to be doing this investigation? we have seen maybe since the firing of james comey and some of the other episodes that have taken place on capitol hill that seems to be some politics afoot in the fbi these days, is this an investigation and is this a decision that maybe they would rather not have thrown into their lap? >> you know, jon, i'm not going to -- to opine on whether politics at play, i will say in my time there were no politics and you do it straight down the line and these are -- fbi agents are professional and professional organization and they do their best work when they are apolitical. at the end to have day depending on which side the political side

you're on they'll come to criticism, that's inevitable but they will do what they're obligated to do and what their responsibilities are and hopefully and i believe they'll do it in a professional and unbias way. jon: let's hope it can be done in week away, steve pomerantz, good to have you. >> thank you. jon: more on what it will mean to kavanaugh conference, sonia, organization of women of new york and former prosecutor david katz, thanks for being here. >> thanks for inviting me. jon: is this, david, a chance for emotions to cool, we had gripping testimony from both sides in front of the senate committee this week? >> well, i agree with everything you just said it was a gripping week but it was also divisive polarizing testimony, it was

therapeutic in a lot of ways but it would be good if everyone stepped back, calmed down and especially, you know, let this testimony be light and insight and not just heat thrown back and forth and so hopefully they'll be a more conscientious deliberated decision. the senate is supposed to be the great deliverrative body. i agree with your other guests, they may make a lot of progress, i used to work in reagan administration, u.s. assistant attorney working with them and they are professionals and you always have a good feeling even if you're on the other side, you have a good feeling toward them because they are trying to get these reports right, they make a lot of progress with people like mark judge and others. jon: sonia, is it your hope that the fbi report will shed some light on the the accusations that face judge kavanaugh.

i mean, if the fbi finds that there is no crob -- evidence or nothing to support accusations, would you support judge kavanaugh to be appointed to supreme court? >> i think we should -- jon: i'm sorry, this is for sonia, i'm sorry. >> well, i agree with mr. katz, i'm so glad that we have extra time now, independent body that can take a look at trying to just drill down a little bit more and since there are witnesses from that time period that we will get some more information that will hopefully shed more light so we can understand what happened. jon: everything that we've read so far from the witnesses is that they cannot recall anything such party, that they, you know, have not -- they have no recollection of this event having taken place, you think the fbi investigation might

change that? >> absolutely. they are professionals, they are used to do this. there's a big difference between sitting down and filing an affidavit saying i don't remember this and sitting down and having a conversation with professionals who can, you know, ask the right questions to -- to create that timeline and fill in the gaps. jon: david as a former federal prosecutor i'm sure you've watched the grilling that dr. christine blasey ford took as well as judge kavanaugh on the hill, did one seem more truthful than the other to you or is it still a toss-up in your view? >> well, i watched it with fascination and also with a lot of sympathy obviously for both sides. i do think that the most two significant things were what a credible impression dr. ford made, how difficult that was and i thought that she came across as a straight shooter who was just trying to describe an old and still very painful event for

her and i thought that judge kavanaugh while he was articulate, i thought he was a little over the top and i do think that there are fair temperament issues that can be raised not because of what he did 35 years ago allegedly but because what we saw a day or two ago. having said that, i agree very much with your other guests, i think the fbi may find stuff that would change a whole lot of people's minds. i have been in these investigations on both sides, let me give you one example. mark judge might not want to talk to them and go through all the details, it's one thing to have prepared with a friendly questioner and own lawyer, it's quite another thing when two fbi agents show up, one of them may be recording conversation even if they are not recording, two of them, the partner will be the one who is not the lead questioner will be writing what's called a 302, a detailed report of everything that judge says and if they get to a question where judge says i don't want to understand or lawyer says i'm advising him not

to answer, there's still the power of subpoena, there's a procedural question of whether it has to be returned from the entire senate back to the committee but they certainly have the power at that point to subpoena judge. so he has a strong reason not to find fault with the questions but to really answer them. when they ask him, do you have any documents to try to lead the investigators to documents, once you have documents, they may tell a very different story just like judge kavanaugh has his old calendars remember from 35 years ago and they shed some light. jon: mark judge, not to confuse the issue, he's the friend of kavanaugh who was said to be in the room, he says he doesn't remember any such thing having happened. very quickly, sonia, what do you expect will come out of the process in the week ahead? >> it's impossible for me to know or any of us to know, i think that's one of the great things that have come out of this week is that we are all just speculating and as mr. katz said, both of them were

compelling when they gave testimony, so hopefully this will shed more light on what happened 36 years ago, the character -- jon: if anything? >> yes. [laughter] jon: go ahead. i didn't mean to -- >> the character of brett kavanaugh as mr. katz there are questions from testimony, his demeanor and he was partisan in his testimony and that is now another issue that has been raised, judges are supposed to be impartial and it was quite shocking to see him talk about a left-wing conspiracy and the clintons and these -- this whole other, the left side ruining his life. jon: it's -- we are in for an interesting week. i hope that the whole country can cool down a little bit. >> yes. jon: tempers are awfully high on both sides.

sonia ossoria national organization for women of new york and david katz former federal prosecutor. thank you both. >> thank you. jon: much more of kavanaugh hearings tomorrow at media buzz 11:00 a.m. eastern time. sarah sanders will talk to chris wallace tomorrow on fox news sunday, checklistings for time and channel. prime minister has spoken in united nations over nuclear program. >> one year has past over stopping and as for the un command it is nearly a command of allied forces beyond the control of the u, in that only obeys the orders of the u.s. but the problem is that it is still misusing the sacred name of the un. jon: during speech he also called on the u.s. to follow

through on promises made during the trump-kim singapore summit earlier this year. facebook says it is working with the fbi to figure out who is behind the social network's latest security breach in which hackers gained access to 50 million accounts. jeff paul has the latest on that hack. >> yeah, not again, that's the reaction from many today after hearing that their personal information stored on facebook has been compromised. the company says hackers exploited a feature that let's people see profile for someone else. view-as feature. think of the access tones as digital keys which allow people to stay logged in facebook without reentering password every time. some users say their trust is shaken. >> it's really out of control in general and so if you really

that concerned just don't be on any social media, period, like complete i will go off the grid. >> you don't use it anymore, you go to a different venue and you're looking for something that's safe. nothing is really safe. >> facebook mark zuckerberg spoke about the hack on a conference call yesterday saying in part, we are continuing to improve our defenses and i think that this also underscores that there were constant attacks from people who are trying to take over accounts or steal information from people in our community, facebook already has a reputation problem with two previous known data breaches, cambridge analytica scandal and russia influence on users and company taking situation seriously but they say investigation is still very early on in the process. the best course of action at this point for facebook users is to log in and then change your password, jon. jon: jeff paul, jeff, thanks. coming up hundreds dead in

indonesia after devastating earthquake and tsunami and the number of dead expected to rise. plus president trump set to rally his supporters tonight in west virginia coal country, we will have a preview, and the political battle over the border adds fireworks to friday's governor debate in texas. >> what congress has to do is stop talking to cameras and start talking to each other in the capitol building and come up with solutions to our broken immigration system. every year 790,000 americans suffer from a heart attack.

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jon: two police officers were killed in a shootout in mississippi, occurred early saturday in brookhaven james white and zach moke were killed. a suspect taken into custody and currently being treated at a hospital in jackson. massive rescue operation underway in indonesia following earthquake and tsunami that killed at least 384 people. the 7.5 magnitude quake triggered tsunami at least 10 feet high in coastal towns, officials are ordering additional aid and medical personnel to be sent to afcióned

areas, natural disasters are not uncommon because of indonesia because of location on volcanos known as the ring of fire. immigration playing a big role in the texas governor's race, incumbent republican greg abbott and lupe valdez squared off in debate, national guard troops on the border. >> currently we have some of the safest cities along the border, el paso, mcallen, brownsville, have all been seen as some of the safest cities on the border, yet we take 800 million and put troops on the border, we militarize the area, i would just hope that if he continues to do this he gets the money

from the federal government. this is a federal government issue. >> the federal government is paying for the tab, for the national guard on the border. second, the reason why i'm work to go make sure that we do secure the border is because i want to go after the human traffickers, the sex traffickers and cartel members, those who threaten us like gang members, the rise of ms-13 of gang members in the state of texas, i want to do something to put a stop to that. jon: latest polling show abbott leading the race by 19 points. still ahead emotional homecoming from one soldier, how long he had been deployed before giving his daughter the surprise of a lifetime. and high tensions remain on capitol hill over supreme court nominee brett kavanaugh and we will take a look at how this is playing politically. >> any aspirations to be a great deliberative body, we need a lot more people on the u.s. senate to tick a long-term perspective on what americans need and not a

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liberty mutual insurance. ♪ liberty. liberty. liberty. liberty. ♪ jon: the fbi investigation into supreme court nominee brett kavanaugh has lawmakers split with many republicans pointing out he has already passed six checks by the agency and president trump tweeting last night his belief that kavanaugh will make it to the supreme court. for more author dr. gena laden, good to have you on. you were at the white house on friday, what's the mood there? >> you know, i think that they are prouder than ever of having someone like brett kavanaugh as nominee and i think they are even more committed if that's even possible to making sure that the truth ultimately is

told and that the -- what they are hearing from the american people is finalized, you know, america wants this nominee and the president is to be commended for having stood strong along side this nominee and having found him in the first place because this is a man that we know that for decades and dye caidz of his life, there's not one single account of anyone who can say anything bad about this man and yet we watch standing by as -- assort of cowardliness and politicization by all accounts a man who has been exemplary. jon: date us seem that it shot a lot of holes of the presumption of innocence in the country. >> i think that's scary. i think, jon, the whole experience means something really different to the heartland of america where i'm from, missouri, for example, on

the coast you watch this and get in our bubble but when you look at the way women are responding to this, they see a woman being exploited for political purposes, men see a man being exploited for political purposes, rape victims see the issue of rape being conflated, maybe in high school, we are not sure where, we don't know location and the poor woman and they see rape being conflated into whatever this was, i don't think this was a pretty moment in history and i hope that we can find some way to confirm judge kavanaugh and get on to the business of being americans and enjoying the freedoms that are guarantied to us like innocent until proven guilty which is, you know, really a pillar of what is american. jon: as you well know, there are a lot of people out there, i mean, senator whitehouse of rhode island said he believes christine blasey ford in her testimony.

a lot of people out there who it seems are not going to be satisfied if the fbi doesn't somehow come up with some negative. >> which is really ironic, jon, if you think about it. so now they want the president to control what the fbi does, but before they didn't, there's some real irony at hand here. but let me say this, i think you can both believe her and believe what she says she believes and know that it's absolutely not truth, by all accounts the man has flawless character and i have dealt with this for a long time and my background is mental health and memory can be very real to the people encounter and much like a dream that seems very real when you wake up, spend the whole day angry that did something in your dream. it does not mean that this happen, we have zero evidence, jon, it's very important that we

maintain the rule of law here. jon: the president seems to be absolutely standing behind judge kavanaugh during all of this. >> he is and he's to be so commended for standing so strongly and still being differential to the role of the senate and what they want to do in this and letting the xroases play out. he's been extraordinarily presidential and you think the media, i don't mean you, other media would be commending him for this because they haven't they always said, o the president needs to be more presidential, well, where are they now talking about how presidential this president is being through this whole thing? >> and what does this do to people who might be call today public service in the future, i mean, i wouldn't want to be nominated for supreme court not that i possess law degree, given what has transpired in the last week, some of the topics that were brought up in the santity is chilling.

>> completely chilling, jon. as i have been around promoting my book like you said at the beginning of the segment i have been talking to people and i had so many people come up and say i'd always thought about running for political office but i don't know if i want to now, i'm talk about democrats and republicans, i think we can agree, jon, that we don't want this to be politicized, we don't want issue like rape to be politicized, we don't want women to be exploited for politicization and we certainly don't want our future, office holders and future supreme court nominees to go through this sort of scrutiny going back decades and decades with what came from a regressive therapy session which has been largely questioned by most all credible mental health experts. i don't know that we really wanting to where we've gone with this but now that we've gone here, i hope that we can come together, go back to innocent until proven guilty and take the fact that this man by all

standards has been exemplary throughout his life for decades, he needs to be confirmed and he needs to be confirmed now and we need a republican senators to stand with judge kavanaugh and the rest of america by the way who let's not forget elected imperfect president who has done darn fine job and much of the country loves the president and stands behind the nominee. jon: dr. gina louden member of trump advisory board, we thank you very much for being here. >> honor to be with you, thank you. jon: coming up christine blaseyy ford emotional appearance gave rise to sexual assault hotline. a 5-year-old will get surprise she won't forget. guess who made a special visit to her school? rheumatoid arthr.

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jon: the testimonies of christine blasey ford and brett kavanaugh on capitol hill captured much to have nation this week but they also led to an increase in calls to the national sexual assault hotline. jackie joins us with more on that part of the story. >> jon, this is not unusual, the operators of national assault hotline they often say uptick in the calls when sexual assault is in the news. the rain abuse and incest national network tweeted friday, the number of people helped by the hotline was 201% above average yesterday that increase came as dr. christine blasey ford described in vivid detail what she claims to remember about the alleged attack. a spokesperson said since dr. ford came forward with allegations, call to hotline jumped 45.6% compared to the same time period in 2017. last week when a second accuser calls increased 57% compare today an average friday through

sunday. while sis sis say it's normal to get increase in calls it's not unusual for victims to wait years to come forward. >> every surviver has their own healing journey and it is for them to decide when and whether they want to tell their story. >> dr. ford's testimony was followed by an emotional rebuttal from judge kavanaugh furious and in tears over what he's called false accusations in a surprise decision by the committee a postponement of the vote to allow limited investigation, that choice coming as relief to the crisis center's life rainn's, postpone until the fbi can conduct background check, the delay in confirmation vote are far less risks. offers confidential support and encouraging anyone who needs help to call 1800-856-help.

jon. jon: new correspondent, we will be seeing more of you in the future. >> thank you. jon: causing widespread pan nick the community, jeff paul on that. >> a violent predator, that's how los angeles police officers describe ramon escobar seen on footage just before they say he was about to attack again. >> they are violent crimes and i would say nobody in their right mind would do something as vicious as this. >> using wooden baseball bat or boat cutters authorities believe escobar would sneak up on homeless as they slept in span about 2 weeks, escobar killed and injured 4. >> it does not appear that it was directed at any specific group. it was a crime of opportunity. >> a native of el salvador, escobar had driven to california

from texas where he's a person of interest and disappearance of aunt and uncle, extensive criminal background that includes assault and deported sighs times, ice releasing a statement saying in part after illegally reentering the u.s. following most recent removal escobar filed an appeal, ice released him from custody on order of supervision in january 2017. mayor of los angeles so-called sanctuary says he never shield an accused criminal like escobar. >> if they are able to be released, i hope he never is, they should be deported. >> ice filed a detain the other take escobar into custody if released. la's mayor doesn't anticipate that happening. jeff paul, fox news. jon: after this break the clock is ticking for a fix to nafta, why the trump administration is negotiating down to the wire with canada.

after serving for nearly a year in afghanistan, one u.s. soldier gave his family quite a surprise, how he made his homecoming so memorable. >> my wife served as the president while we were gone and really hard to surprise her when she's coordinating the details of the homecoming ceremony, this one was easier to surprise. >> ly cry.-- i will cry. [laughter]

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jon: just one day left for the trump administration to cut a deal with canada on the nafta deal with sunday marking self-imposed deadline for some kind of a breakthrough, for insight, concordia ceo matt, this is up with of the big stories of the week but not getting a lot of attention with the kavanaugh hearings. >> no. jon: the president as campaigner promise today negotiate nafta, méxico is on board, canada balked but canada may jump back in. >> it's part of the president's negotiating strategy, you had in new york during un general assembly a lot of theater, jus kin trudeau was in new york

according to president trump he declined to have a meeting with the prime minister, the prime minister said he never asked for it there's a lot of drama back and forth, i think what's going to be interesting to see is what can they do in the next 48 hours, i certainly think that he has tra -- daeu in -- trudeau in a corner. jon: canada will be left at the altar if they don't join in. >> it's interesting to see the incoming mexican president are on the same page. they are trying to get this done before the current president leaves office december 1st, that's the reason why there's a tight deadline and why we may wake up with an entire new agreement with united states and méxico that could exclude canada. jon: how is this going to be different from nafta deal?

>> there's two different parts that the president is focused on. i really do believe that he deserves high marks for this, modernization, new industry, what does that look like, innovation in the workforce, this new agreement is factoring that in. the other thing is making substantial requirement on american companies that if you are producing something in the united states, a certain percentage of it needs to come from the united states and that's a big difference. so i think this is frankly symbolic of fair and welfare trade and free trade which is important. i don't know jon canadians have not to this point wanted to sign on the new deal, your prediction they will in the next 48 hours or so. >> i think they will. one thing can impact this, congress, congress might not support anything other than a tri lateral agreement, that's a big factor for president trump. in tend i think the canadians will come to the table. jon: he has been complaining, the president has about dairy tariffs that canada imposes on american dairy farmers.

>> yeah. john: is that the kind of thing that would go away if the tri lateral agreement is signed? >> yes, i think the president is following through on the pledge to voters and what he said he was going to do in the election which is defend american workers. i think that's exactly what he is doing and i think you'll see some big changes there but that's why the canadians are reluctant to come to the table. i should also add that the rest of the world is paying close attention, even though we have been quite busy with news, the rest of the world is paying attention and presidents around the world are paying attention to this because this could really define and be the vision of president trump's image for trade globally. jon: because he really has made substantial changes when it comes to our trading relationship with china, now méxico and canada. >> yeah, he just finished -- updated the korea agreement as well. he's just -- he met with prime minister of japan this week here in new york to talk about an updated trade agreement there. so this is -- this is the president's vision coming in action. jon: he has argued that the previous nafta deal was unfair

to the u.s., was it? >> i don't think it was great for the united states, it might have been good in the time in 1992 when it was signed in 1994 when it was put in action, it was not necessarily a bad deal for the united states, but we certainly would -- could have had a better deal. jon: matt swift, good to have you here. >> thank you. jon: deployed for nearly a year gave his family a surprise of a lifetime earlier this week, watch. >> dad come on in. >> oh, my god. jon: oklahoma national guard soldier returning home after second deployment in afghanistan. surprised his daughter during parent week at her elementary school. >> you get to home and you get to see the smiling faces of family and kids and always good to come home. >> i love you. >> i love you too, beautiful.

jon: surprising his wife ashley, that wasn't as easy, she serves as president of the group that helps coordinate coming home ceremonies. much more ahead in the next hour of america's news headquarters, president trump heading to coal country for rally amid uncertainty in washington about supreme court pick. ellison barber with a live report. >> jon, president trump is set to be in west virginia in just a few hours. all the talk at home at the white house in dc is on kavanaugh, we are expecting to hear some of that here, we already republicanning from the republican hope to go unseat democratic senator joe manchin, more in a minute. every veteran,

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jon: i'm jon scott, here is what's making news right now, president trump is heading to west virginia coal country this afternoon to rally supporters who come out in force for the midterm all this as what could be the cornerstone of the appointment of second supreme court justice hangs in the balance on capitol hill. the very latest latest on indicate -- indonesia earthquake that has claimed hundreds of lives already. president trump kicking off rally rounding up supporters ahead of midterms, first stop west virginia where republicans are hope to go unseat democratic senator joe manchin, ellison barber is live on the ground

there, ellison. >> hey, jon, president trump is going to appear along side attorney general patrick morcey, the republican hope to go unseat democratic senator joe manchin, most -- there's recent internal poll that shows manchin and morcey about tied but external polls show manchin leading, real clear politics average gives manchin about a 9-point lead but manchin is considered a very vulnerable senator. president trump won west virginia in 2016 and republicans want to flip the seat but the race is not the focus of the white house today. it is judge kavanaugh, the current fight to confirm him, the sexual assault allegations against him and now the fbi investigation. >> judge kavanaugh's nomination has moved out of committee and per the senate's request the president ordered this one-week

fbi background investigation supplemental. i'm not going to draw bright lines just yet. i think the -- the senate has asked for something, the president has ordered it, we will see what comes back, we believe firmly and confidently in judge kavanaugh's denials. >> days before dr. ford testified in front of the senate judiciary committee president trump appeared to question her story writing on twitter, quote, i have no doubt that if the attack on dr. ford was as bad as she says charges would have been immediately filed with local law enforcement authorities by her or her loving parents. >> i thought her testimony was very compelling and she looks like a very fine woman to me. very fine woman and i thought that brett's testimony likewise was really something that i haven't seen before. i just we wanted to work that well for the country, if that happens, i'm happy.

>> have you thought about replacement for judge kavanaugh? >> not even a little bit. not even a little bit. >> a line is already starting to form outside of the building where president trump is set to speak at 7:00 o'clock, there's another line people gathering on the other side of the building, people here seem excited to see president trump, the question, of course, is will he talk about kavanaugh, it seems likely at this point. we will have to wait and see, patrick morcey did say on fox news this morning that he thought senator manchin would vote in favor of kavanaugh if a vote comes up but he said he thought it would be done out of political necessity not because senator manchin actually believes kavanaugh is a good fit. that's some of the fight here, some of the back and forth for rally tonight is that if judge kavanaugh, if a vote doesn't come up soon, republicans perhaps the senator manchin seat is something that they could need in a supreme court fight down the road, jon. jon: ellison barber in west virginia, thank you. delay on kavanaugh's

confirmation put the spotlight on a handful of lawmakers who will be deciding votes in the senate, rich edison following the story live from capitol hill, rich. >> good afternoon, john, a delay as a result from republican senator from arizona jeff flake. he said he wouldn't move forward with this unless there was a limited investigation, an fbi investigation into the claims brought against judge kavanaugh. this was a bit of a change for the position he had had earlier that morning after a very combative session on the senate judiciary committee. he credits part of that change to democratic senator chris coons, a friend of his in the committee, someone he trusts, coons made plea to have investigation, look into claims some more, from anybody else that he wouldn't have taken that request from chris coon seriously, he told that to atlantic jeff flake, he also said to atlantic, we can't have the committee acting like this, the majority and minority parties and staffs don't work well together, there's no trust in the investigation they can't

issue subpoenas like they should. it's just falling apart. now also at the time that flake decided to ask for this investigation, he had a very what he called poynant and uncomfortable few minutes in an elevator. >> look at me when i'm talking to you, you're telling me that my assault doesn't matter, what happened to me doesn't matter and that you're going to let people do these things into power. that's what you're telling me when you vote for him. >> several democrats and republicans are wait if for outcome of this investigation, one of them susan collins, republican from maine who tweeted, quote, i support the sense i believe agreement i'm please today hear mark judge indicated he would cooperate with investigators, mark judge is the friend of brett kavanaugh from high school who is alleged to have been witness to this and participant in the allegations against brett kavanaugh. it's not only susan collins, also lisa murkowski from alaska who is watching this investigation and a number of other democratic senators mostly like those from west virginia like joe manchin from

republican-leaning states, states that president trump won in 2016 election, they're waiting for the outcome of this investigation, ongoing over the next week from the fbi before they make their final decision as to whether they'll elevate judge kavanaugh to a justice of the supreme court and there's the several of them, they are the ones who are hanging in the balance right now and we will watch them very closely, jon. jon: rich edison on capitol hill, thank you, rich. joining us now with more inside on the kavanaugh debate oklahoma congressman, republican, tom cole, congress cole, what's your view of this week-long delay and the fbi investigation, is it a time for tempers to perhaps cool off or is it a waste of time? >> well, i think it's not likely to change the result but i do have no objection to it whatsoever, frankly if it gives some people reassurance that's fine. i do regret that both dr. ford

and now with judge kavanaugh have to go through another week of this, and i would hope people learn some lessons from just the raw nature of the senate hearing last week which again i thought senator grassley handled very well, but it was tough on the people involved and if you're scoring political points at the expense of human beings, you ought to rethink political strategy. jon: do you think it's actually possible? the senate seems to be more and more polarized with every supreme court vote? >> well, i think last week while that was going on, the house and the senate, the week before passed the largest spending bill of the year with the defense bill and what's called the labor health and human service education bill and was done in bipartisan way, overwhelming vote in the senate and then in the house again 361 to 61 and the president signed it on friday. nobody even knows that happen, you know, it kept the government running, it had the temporary spending measures for anything that hadn't been finished.

so it was really legislatively the most event of the week but the entire week and the week before have been taken by dispute involving judge kavanaugh. so again, it's possible, we are getting our work done in a very responsible professional way but i think this kind of thing is very hard on the count, vi, very destructive for the individuals involved. i hope we wrap it up and have the vote next week. jon: we want to talk to you about the budget, but back to kavanaugh matter, seems to be scorched politics getting his name out of committee was completely along party lines, party being a completely party-line vote if and when it does come to voting on his actual nomination and in the past, generally that was not the way with supreme court appointments, will we ever get back to a more reasonable time,

i guess? >> depends on what the lessons are that people draw from this case, look, in this particular case the issues are super charged but you have to think, why weren't these charges made earlier, why did the democrats sat on till the last minute, they're clearly was a political game of some sort being played by somebody and that's just reprehensible. i hope once the episode is over and i think it'll end with the confirmation of judge kavanaugh people will step back and say, i don't wanting to through anything like that and the country deserves better on both sides than as seen in particular case. jon: now to the budget. no partial shutdown as you said at least until december but a lot of the difficult decisions are going to have be made in lame-duck session of congress, are they not? >> that's correct. i would have preferred we got more basically now about 75 to 80% of all federal spending is assured and particularly for

defense, health and human services through next year, so we are fine through the end of the fiscal year in september 2019. the remaining issues can be worked out but the temptation will be if power switches hands in the house or the senate to the majority may drag its feet or the incoming majority to slow things up. that's regrettable because these temporary spending patches frankly maybe running government difficult. i wish we could have got more done but first time congress finished on time in 22 years, pretty successful appropriation's process. jon: the president wanted funding for his border wall, he didn't get it, is that a possibility to come after the midterms? >> it is a possibility. look, i still think there's a deal to be had here in terms -- and the president has put it on the table to his credit to protect the so-called daca populations, children brought here when they were very young and we've got 1.8 million that

fit into the category, give them a path to legal status, or give them legal status and a path moving forward in exchange for the border security measures the president has requested. the president is right about this, you have a daca problem if you want to call it a problem because you had porous borders in the first place, it would be wrong to fix one without addressing the other. jon: congressman tom cole, good to see you with a smile on your face. >> thank you. jon: optimism in washington, thanks very much, congressman. the kavanaugh debate could have a major impact on the midterms especially in high-stakes battleground elections where democratic and republican candidates are only separated by a few percentage points. our political panel joins us now with inside on how the kavanaugh confirmation process might affect the midterms. paul is president of lobby it and republican councilman from new jersey, kevin is the vice president of hamburger gibson

creative and a democratic strategists. thanks both of you for being here. >> good to be here, jon. jon: kevin, to you first, there's been a lot of ammunition i guess thrown at democrats saying that they politicized this supreme court appointment. did they? >> yeah, jon, a raw emotional week for both sides for judge kavanaugh's family and for dr. ford's family. i think the key thing that is so clear in all of this we need more women at the table, the fact that there were 11 republican member it was judiciary committee all men, only 4 democratic women on the committee really shows that we need more women at that table and i think we are going to see that come the next 40 days before the midterm elections in november, you have record number of women, 23 women won their primaries to compete for the senate and i would hope that one of them or more join the senate judiciary committee but it was a raw week for all people. jon: all right, paul, the question to you, did democrats

politicize the appointments of judge kavanaugh? >> i think we saw just record levels of partisan a little bit on both sides, jon, i mean, this is -- this as unprecedented as we have ever seen a time in american politics, and the republicans made a very smart move, i was praying, hoping that the republicans would allow the week's investigation for the fbi to conduct a further background check because dr. ford obviously definitely deserved that but it also gave them the ability to continue to show fairness to the situation when senator cruz was talking about tribalism in his speech yesterday during the vote, i think it really did highlight that most people on both sides of the issue have really already made up their minds about this election and it's really going to come down to voter enthusiasm and for the republicans to be able to take away that fbi investigation issue, take it off the table and

maybe tamping down some of the hatred and anger on the left side a little bit, i think it's really going to help them in midterm elections. jon: kevin, if justice -- if judge kavanaugh gets to become justice kavanaugh or even if he doesn't and the president is forced to make another pick, does this forever politicize the supreme court? >> i think the supreme court has been politicized going back to murberr versus madison. i think he's right, tamp down rhetoric and going back to robert, clarence thomas, meyers, the process has been political. what we need to do is let the fbi investigation play out. i was so pleased to see jeff flake show some courage, show backbone, working across party lines and request that week-long

investigation. i hope all parties agree to it. i hope that they answer truthfully as we saw dr. ford answer truthfully in testimony. it's a process that needs to play out. the fbi needs to be given time and handled professionally. jon: regardless of what the fbi comes up with, though, it seems, paul that a lot of senators have made up their minds on how they are going to vote. >> it's going to come back to handle senators, you have heidi heitkam and manchin, they are both in state that is the president played extremely well in the election and i think the fact that we are giving the fbi investigation a real chance right now gives them a little bit of air cover to maybe be able to side with kavanaugh on nomination, on the republican side when you're looking at senator murkowski and senator collins from maine, senator flake from arizona, they now obviously have been able to kind of move the needle a little bit for themselves and give themselves a little bit of

breathing room. jon: kevin, would you expect that if the fbi, you know, comes to a conclusion that essentially vindicates judge kavanaugh, does that allow more democrats to vote for him? >> yeah, jon, i don't want to answer for senator manchin or heitkamp. both of them voted for neil gorsuch, they represent states as paul points out that the president won handily. they need to be bipartisan in their approach. they are looking at supporting honest jurists, i disagree with neil gorsuch of legal mentality that he brings to the field, again, they supported him along with joe donnelly from indiana so they are not partisan in that regard. they want to work across party lines. as i said need to let the process play out with the fbi next week. jon: pointing out that justice

kennedy whose seat is now vacant there was 9-2 vote. >> same with ruth bader ginsburg. it's become so partisan. jon: yeah. kevin, paul. >> thanks, jon. jon: first lady melania trump is heading to africa for long-week humanitarian trip, she'll stop in ghana, kenya and egypt. while there she would work initiatives concerning health care, education, conservation and well-being of children, the events she will take part in is how u.s. ie are helping african nations. after a crash landing into a lagoon one passenger missing and hundreds killed in devastating earthquake in indonesia, latest on rescue efforts there.

also, remembering a music legend saying good-bye to jefferson airplane founder ♪

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jon: authorities in indicate -- indonesia say airplane slid and u.s. divers searched wreckage and last passenger evacuated but they don't know whereabouts, authorities are transporting other people to the hospital to nearby guam for medical treatment. ♪ jon: rescue workers are searching for survivors after powerful earthquake hit indicate -- indicate >> there's fear that is the death toll could rise dramatically, many people haven't been reached yet, it's a remote area and many people to be missing, so far the dead are

mostly counted as residents from the city of the island, a 20-foot high tsunami swept late on friday dragging debris with it, water smashing into buildings leaving devastation in its wake and hundreds of people gathered on a beach for festival are thought to be among the dead. others climbed trees to survive. that tsunami was triggered by a magnitude 7.5 earthquake which killed and injured many. questions are being asked now by official tsunami warning was listed 30 minutes after it was first issued, apparently there wasn't a warning sensor, the tide surge was missed and the original warning was still in place and moved across the seat at 500 miles an hour, very difficult to escape that. it has a long history of

earthquakes, in 2004 of course you'll remember 200,000 people killed in tsunami which hit province and 5800 died on earthquake on holiday island and this particular island of palu has been hit by tsunamis in the past as well. now, of course, the race to get aid in the area, many countries have offer today help but for now search for survivors goes on. as i say rescued have not leaked the outline areas where they fear many more could have lost their lives and the red cross, for example, says it's extremely concern because in some places there are no communications and no one has been heard of yet, jon. jon: and we remember what happened with the last tsunami there, the death number dead could go up significantly. kitty logan, thank you. after the break, the con confirmation vote on hold after the fbi wraps up one-week investigation. what the bureau background check

could entail and president trump will try to rally his base tonight in west virginia, what the president is expected to say in a region hit hard economically. >> we are going to work, we are going fight and we are going to win, win

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of what's done by the senate. leland: let's review where the half a dozen or so stand, key players, christine blasey ford stands by her allegations and her lawyer says thorough fbi investigation is critical to developing all of the relevant facts, judge kavanaugh continues to deny any and all charges against him and says that he will speak to the fbi. one of the people likely to be interviewed is ford's friend leland kaiser who ford said was at the party where the alleged assault took place, her lawyers said she too will cooperate with the fbi but, quote, my client has already made clear she does not know judge kavanaugh, has no recollection of ever being at a party or gather where he was present with or without dr. ford. notably ms. kaiser does not refute account and told the press that she believes dr. ford's account however simple and unchangeddable truth she's unable to corroborate it because she has no recollection to have incident in question. mark judge who ford also said was there said he has no

recollection of the events but will talk to the fbi, same thing for alleged party attendee patrick jay smith, republicans keep pointing to this sound bite by then judiciary committee member joe biden during the anita hill hearings. >> fbi explicitly does not in this or any other case reach a conclusion, period. so when people wave an fbi report before you understand they do not, they do not, they do not reach conclusions. leland: to that point kavanaugh supporters are spinning this as good thing the mere fact of an fbi report will take away a key democratic talking point come when the vote would actually take place making the week delay well worth it, jon. jon: leland vittert live for us in washington, thanks, leland. it's unclear whether president trump will mention judge

kavanaugh during his stop in wheeling, west virginia tonight. joining us to discuss talk radio host from morgantown west virginia, are the kavanaugh hearings a hot-item for the folks in west virginia? >> absolutely, jon, it's a huge story in west virginia as it is all across the country. on my show we have talked about it every day, for most in the discussions the fact that joe manchin a democrat in a tight race with republican patrick morcey has not said yet how he's going to vote. when i talked to his office earlier today he's about 50-50, he hasn't made up his mind but was leaning kavanaugh before the hearings of the past week. jon: obviously the folks in west virginia are going to be watching how he votes. >> no question about that and remember i've done informal polling, formal polling that about 60% of west virginians want to see kavanaugh confirmed and that is roughly reflective of president trump's approval

rating in west virginia, about 60%. on the one hand democrats pulling on one direction but you have the popular support in west virginia for kavanaugh confirmation. >> you have the president going to west virginia tonight to try to rally the republican faithful to rally his base in favor of morcey but the race is not all that close right now, is it? >> well, it depends on who you talk with, the polls that you've done and the polls i have seen have joe manchin up 8 points. patrick released own poll that says it's closer than that, within margin of error, i think manchin is in the lead and most observers have it leaning democrat. there's an x factor, jon, what you mentioned, president trump coming to wheeling, west virginia tonight, that is going to be a trump bump for morcey because you can guaranty if it was like previous visits president trump will be really blasting manchin and saying he

talks out of both sides of his mouth and doesn't support tax cuts and he needs patrick there, morrisey is counting on trump bump to close gap with joe manchin. jon: the economy is normally the top issue of voters' minds, things are getting better in west virginia but they're not as strong as they are nationally, do i have that right? >> that's correct, but west virginia's economy has improved significantly over the last year, trump is getting a lot of credit for that and also the tax cuts which have been benefited a lot of west west virginians, a f west virginia businesses, trump has taken credit for that as you might expect, he points that manchin opposed that, in terms of the economy, there is quantifiable improvement that trump is able to claim credit for and i think that defacto helps morrisey,.

jon: joe manchin will watch the president closely tonight? >> if he's not watching, he will hear it and ears will be burning. morrisey even though he's trailing, he's a bit pull, morrisey may be trailing but you will see go both president and morrisey go after the president tonight. jon: has been campaign heated there already, i want to play some ads. >> now the threat, it's patrick morrisey's lawsuit, threatening to take health care, that's not going to happen. >> joe manchin cozied up to hillary clinton, they disrespect the working men and women of the united states, i'm never going to do that for you, liberal joe

has to go. jon: there aren't many that use shotgun in the ad? >> that was in an ad very effective where he shot a hole in trade bill, he brought that back around and you notice that he doesn't talk about him being a democrat, he talks about wanting to work with both sides and kind of to reestablish west virginians bonafide as west virginia native with the fact that morrisey is not and to draw attention to the fact that morrisey is one of attorney generals who filed a lawsuit to try to overturn the rest of the obamacare act, the obamacare law which has provided some insurance, additional insurance coverage in west virginia, he's playing playing that card and meanwhile you heard patrick call joe manchin a washington liberal, liberal democrat. so that's how -- that's how these -- that's how this is being set up here for the final 25 and a half weeks of this

campaign. jon: so presidential appearance tonight and a senate vote on a supreme court nominee in the next week or so could change this race. >> yeah, it could, joe manchin is in a tough position on that because as i said earlier, most west virginians support the kavanaugh nomination, they want to see him confirmed, well f joe manchin votes with the democrats on that to not confirm, morrisey is going to be on that right away but at the same time does manchin want to be the only democrat who would maybe support kavanaugh and then be an outlier with the rest of his party, perhaps he would rather have the latter of those two, not very good choices politically that he faces going forward, i think he's counting on that no matter what happens, maybe he has enough name recognition from being the long-time politician of west virginia to pull it across the line no matter what happens with this kavanaugh issue. jon: we will have the president's rally live tonight wheeling, west virginia

scheduled to start at 7:00 p.m., we will carry the whole thing live on fox news, good to have you on, thanks. >> thank you, jon. jon: well, officials in baton rouge have made arrest in shooting death of louisiana state university basketball play wade simms, they have arrested simpson and charged him with second-degree murder. according to police simms was shot and killed friday after jumping into a fight to defend a friend. it was a pair of glasses dropped during the fight police say that led to the arrest. >> the louisiana state police crime lab processed the glasses for dna evidence and obtained the profile. a dna seizure warrant was obtained for simpson, his dna matched that of the dna on the glasses that were left at the scene. jon: that's wade sims, the late louisiana state university

basketball player, not the suspect, we just we wanted to make that clear. lsu officials are thanking authorities and saying they are continue to go mourn sims' loss. still ahead the future of facebook, the social media giant back in the spotlight for its biggest security breach yet and the chances of it happening again. plus remembering the deadliest mass shooting in american history, how mourners remember the 58 killed in las vegas. >> i just try not to try because, you know, it's so hard to imagine that here you're out here having fun and something like this happens to you. >> we just want to show that vegas has not forgotten.

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jon: it's been nearly a year since the deadliest mass shooting in american history. now 58 hand-made white crosses are on display once again near the las vegas sign as friends and family honor those lost in terrible tragedy. each cross has victim' name printed on it. they were first put up last year just after the shooting, they'll also be 58-hour vigil starting sunday with each hour dedicated to an individual victim. well, now that facebook has revealed a data breach that gave attackers access to 50 million accounts, the big question is what happens next for the tech giant and users. former nsa hacker kennedy joins us to show share inside. david, what do we know about what happened here? >> first of all, thanks for having me on, what we know currently today facebook around

2018 made changes to what they call view as, as part of that they introduced a new vulnerability that allowed a hacker to essentially view ces token which grants access to your account, single sign-on, so attackers were able to use that method to steal other people's access tokens and log into their accounts which would include facebook messenger, home addresses, maintained long access to those pieces of information for individual users. jon: and information is power, so if you have that much personal information about an individual you can do an awful lot of damage to credit reports and the like. >> that's right and what's particularly interesting is the number, i think the number is what we are all focusing on right now, facebook is saying 50 million and that's a small percentage out of total population which is 2.2 billion per month monthly users that are

leveraging the platform itself. why were 50 million people singled out in instance and is the number going to grow like we saw in previous data breaches, like yahoo, they started with small number and grew to a larger substantial number, what's interest with this, if they are saying 50 million people were impacted by this flawed introduced, the the attackers are sophisticated going through large amount of data and population and it's interesting to see the level of population, we don't know who is behind it. 50 million is large number for this kind of attack, we are looking at it and saying, this is kind of unusual. jon: could be nation state i presume, whenever the hacks happen you have to look at the chinese, north koreans, russians and maybe iranians? >> i think you start with the election cycles where facebook was undergoing a pretty substantial amount of

misinformation campaign and news and things like that. definitely major target for nation states, right now it's too soon to tell who the attackers are behind it but this type of flawed does require level of understanding on how to attack web applications and how to go after the facebook platform which facebook has a solid security program. that was no ease feat. whether that's organized crime trying to gather more information to sell and we have no indication that that information is being sold on a dark web or anything else currently at this point, but right now, you knowinger it definitely is leading towards a number of different areas, nation states are in the realm as well, organized crimes, hackers and a number of folks that could have pulled this office. jon: if facebook has more than 2 billion accounts and 50 million compromised, one would think that the door was open to all facebook users, right, so why and how did they choose the 50 million that they

hacked? >> that's right and so this vulnerability was introduced in 2017. facebook noticed it in mid-september, after that they started to address the issue and have fixed the vulnerability out there but what's interesting about the 50 million mark, if they had been exploiting for a certain period of time it would have been a smaller number. we are looking if the a longer-term breach and what you're seeing with larger organizations, like facebook, can can impact millions and millions of people because they are so large and so huge. while they have good security programs in place and they try everything they possibly can to reduce these types of threats, even a little breach can cause a massive amount of panic and a lot of information leaked towards hackers because of the type of the security vulnerabilities, i know facebook has addressed it but we hope that there others that haven't gone unnoticed.

jon: maybe clean up the mess that's left behind, any advice? >> it involves the access token, facebook is saying you don't need to change password. they didn't have access to it. what's interesting about the access token use for technology called single sign-on, allows you to log into other sites i'm a spotify user, i log in using facebook access tokens, i'm logged into facebook and can log into spotify or g mail account there's a number of things could impacted, maybe financial institutions as authentication method. not just facebook, attackers could have had access to other services that you use for facebook as platform for this. right now facebook has flushed all of those access tokens and it was actually interesting, i was on my iphone two nights ago and i noticed that i got logged out of facebook app, i started to panic even though i use two

autoent occasion, right now you to relog in and not a lot of things you need to do. jon: david kennedy white hat hacker, thank you. >> appreciate it. jon: ground breaking record-breaking group jefferson plane. ♪ ♪

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jon: music industry mourning the loss of marty balin, jefferson airplane became one of the most iconic groups in 1960's with hits like somebody to love and white rabbit, the band was induct today hall of fame in 1996, balin's cause of death has not been released, he was 76 year's old. ♪ jon: some of the top health officials in the country want to remind everybody that it's time to get your flu shot, jonathan tells us why officials say it is so important. >> yes, please. [laughter]

>> it's flu season and health officials say we need to protect ourselves from this potentially deadly virus, jarome adams along with other public health officials making the push for everyone to get flu shots because if you get sick you could face other serious illnesses during recovery. >> research now shows that there's an increased risk of heart attacks and stroke during the two to four weeks after recovery from acute influenza. >> this season's kickoff occurring after preliminary numbers on flu and flu-related deaths from last season were released. the center for disease control and prevention estimating 80,000 people died of flu and flu-related illnesses. >> getting the flu shot isn't just about keeping you healthy and safety, getting the flu shot is about community, those 85 people that died from the flu, guess what, they got the flu from someone. >> dr. adams say there's plenty of vaccines to go around, as

manufacturers project they'll provide 163 and 168 million doses of vaccines for the u.s. market, the centers for disease control and prevention recommending everyone over 6 months of age get vaccinated annually. >> getting vaccinated is the socially responsible thing to do, while protecting yourself you are also protecting those around you. >> the surgeon general urging americans to get flu shot by halloween and tweet picture fight flu to promote vaccines' benefits. fox news. jon: there's a particularly nasty flu strain going around in new york so, yes, go out there and get the vaccine, be sure to stay tune for fox news report, i will be back at 6:00 p.m. eastern ahead of president trump's rally in wheeling, west virginia, we will bring you the president's rally in wheeling 7:00 p.m. eastern. also, the white house press secretary sarah sanders will speak to chris wallace tomorrow

on fox news sunday, check the times for the time and the channel that it runs in your area, check those listings i should say. well, that's all for now here in new york, see you at 7:00, i'm jon scott, america's news headquarters continues. alright, i brought in new max protein ...to give you the protein you need with less of the sugar you don't. i'll take that. [cheers] 30 grams of protein and 1 gram of sugar. new ensure max protein. in two great flavors. new ensure max protein. with its historical records... ancestry's dna test

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the fbi takes a closer look at the accusations.