the fbi takes a closer look at the accusations.

the senate will handle that and they will make their decisions i just wanted to work out well for the country. if that happens i'm happy. >> we had talks team coverage legal and well delve more into the investigation and we will also see a former counsel to the judiciary committee for what's going on behind the scenes we begin live on capitol hill. >> good afternoon. and the fate of a judge cavanaugh's nomination rests on this investigation and a handful of senators. some republicans and democrats for more conservative states this is a one-week investigation narrow in scope a number of the senators

support this investigation. it took courage to take a stand and call for a one-week fbi investigation to get to the bottom of the allegations against judge cavanaugh. susan collins tweeted i support this sensible agreement. i'm pleased to hear mark judge has indicated he would cooperate with investigators. allegedly part of this assault they he said took place when they were in high school. there is another undeclared republican. how do you feel about what has been agreed to. thank you. the reason for this investigation is because of jeff flake. he decided to be the deciding vote on allowing this nomination to proceed only if the fbi took a narrow investigation of one week into those allegations. he decided to do so in an interview with the atlantic because he had spoken with his friend chris coons who have pleaded for this. he trust chris and then he

decided that this would make sense. >> you're talking me that my salt assault doesn't matter. what happened to me doesn't matter in the ear and that you're just gonna let people to do things to get into power. that's what you're telling me. when you vote for him. in the atlantic interview. he said he would be inclined to vote for judge cavanaugh unless they come up with some type of information that would change his mind on that because he said judge cavanaugh is a conservative and he is a conservative so would be inclined to vote yes for that nomination. for more on this we go to greg . greg, great to have you. >> take us behind the curtain. how stunned do you think those

are by this one-week delay. as a surprise. it seems like we were ready to move forward and that the senate would be voting on the judge's nomination early next week. they didn't vote on the nomination did report him to the senate floor but with this condition that driven by senator flake. it's a reminder of how much an individual senator can control the rhythm of things here in congress especially when the senate is so closely divided. they have a huge amount of leverage. they had spoken close to the nomination process. after a once and they have taken a look. it might give them some cover to support judge cavanaugh. >> here is a thing. the fbi investigation is unlikely to uncover anything new. the committee has already conducted an investigation has

taken statements from all of the people of the fbi the statements were made under penalty of felony. it's unlikely that we will uncover anything new. they give those wavering senators a little bit more security and doing what they think they were inclined to do anyway. >> seen how nasty this confirmation process has been. does it make you worried that this is gonna be the standard for going forward. it has been a jagged line but it has been constantly going down words from the 80s. and even lower courts are getting a giller and more personal by the year the parties are getting more polar ice. the american people are getting more polarized also. half of the country was ready to believe because that person came from the opposite political party is a troubling place where we are politically

as a country i think. in your view is there any chance of judge cavanaugh wakes up and says i've had enough i'm out. he must to keep up the fight. i thought what we saw more than anything was not tim fighting for this promotion but the judge fighting for his good name and the shame of seam of his family. i don't think he's backing out. >> will he be able to turn the page from this ugly process? >> it's gonna be hard. we know that people have been radicalized here and there will be a segment of the country that will always think very negatively of him. i hope there's a larger segment that is fair-minded and if they learn that the fbi investigation yields nothing new and the stories that i had been swirling around seem to be without merit. hopefully with time you will see him in a different language. >> you've worked on the judiciary committee before.

presumably will be a similar conversation still have already been have by the committee. i would assume that the fbi is likely to verify what the committee has already found which is a lack of any information corroborated this allegation. of course who knows we could find some surprise. i'm sure the democrats that want to keep this allegation organ and use the ad and we care to do whatever they can to do it. expect some curveballs before we see the end of it. >> i think he gets through with about 52 votes. great picking your brain, thank you so much there. president trumps order to bring in the fbi comes after about the weeklong investigation into the

allegations against brett kevin out before senate floor vote. but south carolina senator lindsey graham said he is already convinced the supreme court nominee is innocent. >> i know all i need to know. i'm very confident in this man and who he is and he is capable and qualified. i doubt if anybody who will be ever be nominated to the supreme court has been looked at harder than brett cavanaugh. we are more from washington. the resources in investigative experience are unmatched and on a most unlimited there are serious questions as to what they can uncover here beyond anything that is already in the public record. there is no physical evidence here. there is no electronic evidence to that. duplicative about what has been done by the president.

her lawyer says a thorough investigation is critical to developing all of the relevant facts. judge cavanaugh continues to deny any and all charges against him and said he will speak to the fbi. one of the people likely to be interviewed as ford's friend leland keiser who said was at the party where the alleged assault took place. her lawyer said she too well cooperate with the fbi by in a letter says my client has already made clear she does not know judge cavanaugh and has no recollection of ever being at a party where he was part present with or without dr. ford. notably she does not refute dr. ford's account and she has already told the police that she believes the account the simple and unchangeable truth is that she is unable to cooperate it because she has no recollection of the incident in question. mark judge hugh ford also said it was there said he has no recollection of the event but well also cooperate. same thing for patrick j smith. republicans keep pointing to this soundbite. fbi explicitly does not in

this or any other case reach a conclusion. to that point some of the supporters are spinning this as a good thing. the mere fact that an fbi report will take away a key democratic talking point making the week delay well with that. joining me now for more on this is joseph marino. thank you for joining us today. there's so much to talk about give us some insight. where are they starting with this? >> as you just heard they are to start with the principles. they will start with dr. ford. they will say is there anything that is missing from what you have already told the senate what you've already told the media anything then let's look at the other individuals that may have been

at this party. it is possible that something new could come out from these interviews. these individuals have given pretty emphatic statements about these events. it's really unlikely that all the sudden something radically different as can a come because now they sit down with an agent they have a great point. by that representation. she said she was willing to cooperate with the investigation. she doesn't know judge cavanaugh. the account. she has already told the press

she believed dr. ford's account for the simple and unchangeable truth is that she is unable to cooperate it because she has no recollection of the incident in question. so what sort of information might the fbi be looking for for that. >> lets push on let's push on some details. did they ever go to parties together. does she have any concept of where this party could've taken place. what houses do did they hang out in. there is some critical missing pieces here. to date, time location. it's almost impossible for a prosecutor to take a case anywhere if you don't have those key details. to the extent that they can at the fbi should hyperfocus on at least trying to nail down those details and they can do it through these interviews there is even some records

there are still local usage details for from phones and look to see where dr. phot ford may have made the contacts. there are so many avenues they can investigate but because this is so old and memories fade and records may or may not exist anymore it's can be this assault -- difficult to discern anything new. it is the friend that dr. fort claims was there. he wrote or has representation. he is also willing to cooperate but this is what he said. i will cooperate with any agency that is assigned as it's really this really up to the fbi. as he entitled to any sort of confidentiality.

if he makes a statement to the fbi it's can go into a 302 which is an fbi in her view report. it will be handed to the senate. what they do with it is their decision. it's difficult to guarantee any kind of confidentiality of anything they said. it's great to hear that they're going to cooperate. i do think it's important that we hear from him through an fbi interview. but as far as it keeping it confidential that will be difficult. once he starts speaking it's fair game. senator flake who had drawn the attention for calling to this argument should be limited in scope. here is something from bernie sanders he sent the following letter on saturday. he said a fundamental question the fbi can help you answer is whether he has been truthful with the committee this goes to the very heart of whether he should be confirmed to the court. how broad of a scope will they be looking at will they look

at whether they can find out anything about an alleged attack on dr. ford or will it be much broader? or well they be looking at whether he have misled the committee at all. >> if they uncover information whether it's from judge kevin or dr. ford or anyone else that contradicts something that can't he has said. certainly that should come out. and it should be reconciled to why there is some sort of discrepancy beyond that their neck and a make judgments as to whether someone is telling the truth. there's no polygraph in an investigation like this. they won't make a note in the 302. other can i do is capture what he says. he might say nothing more than everything i said is true. there is not a whole lot to do

there. they will look at evidence and if there is contradictory evidence that's fair game. and we should figure out why it's contradictory. at this potentially be what causes a problem if there's no further evidence on whether this occurred 36 years ago. but there is evidence to show that a discrepancy in the amount that he drank or how much he parted with his friends. would that be a big problem. that seems like were getting pretty petty. if they catch anyone in an explicit life there should be serious consequences. if were talking about nuances between i drank three beers versus four beers and their talked about that level of distinction look, i think that's getting pretty petty.

how quickly do you think this will be wrapped up? >> they had set a parameter at a week. i think is a good first step. >> does the fbi had to stick with that? >> i think the only person at this point that should weigh in on where the fbi is a week from now is the fbi. so hopefully, director ray will appoint a very accomplished man or woman special agent in charge who will be in charge of this background check. at that point, whatever that person says about how much time they need or what they've done or where they are i have a lot less interest in hearing what they hear. as to the length of time. and acceptability of this investigation. i would defer to the fbi. i would check with them daily, and if they say they're done within a week i would say how

much let's figured out. let's go forward from there. i had worked for the fbi i've worked with the fbi they are fantastic men and women they can get it done. they are doing everything they can. i dig it's very optimistic to hear that everyone has expressed an interest in cooperating. and restore some confidence by the american people in that process. it has been eroded and has blamed to go on both sides. it's a good step in the right direction. >> when you're looking at the brief amount of time and we've already seen this summary statement saying that they just don't have recollection of this. what could potentially come out. as a new information you might be of the share. that you can ask the same questions a number of

different ways. they are really good at that. if anybody is going to elicit information at them. but the fact is we been over this now through senate investigators a very active media. it's highly unlikely that they will come up with anything new from 30-year-old memories. she is a classmate of cavanagh from yelp who claimed mister cavanaugh had expelled himself at that time and a party what do you think that says. that they are reaching out to some of the women be on dr. ford. their mandate is to look into credible allegations against judge kavanaugh.

let's figure out if something is credible. in the first step in doing that is let's get a sworn statement they should not believe what is in the new yorker. they should get it directly from her. not through the media. tell us your story. what you have to say to us. if they feel it's credible and it's worthy of looking into then by all means. they should not waste time on it. >> thank you so much. we will hear from one of the most outspoken lawmakers in these hearings. senator lindsey graham who was in a bit in his defense of judge cavanaugh. when they appear on sunday morning futures with maria bartiromo. right here on the fox news channel. >> north korea at talking talking tough at the united nations today raising

questions about the goodwill. the two leaders are getting ready for a second face-to-face. the message to the u.s. in the next steps straight ahead with gordon chang. you always pay your insurance on time. tap one little bumper and up go your rates. what good is your insurance if you get punished for using it? news flash: nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch and you could save $782 on home and auto insurance. call for a free quote today.

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>> a tragic day for law enforcement they are shot and killed in the line of duty. it happened early this morning in the city of brookhaven. the officers were killed while responding to a call of shots fired. the officers exchanged gunfire with a suspect. reaction now from the brookhaven police chief. you never know when it's your last day. i just want to thank all of the men and women in law-enforcement law enforcement for their bravery and service. we will never stop. we won't ever give up. i promise you that. the suspect was taken to a hospital hospital in jacksonville. no word yet on his condition. a fox news alert on another black eye for facebook. a massive security breach of fleck affecting nearly 50 million accounts. the brigance in the company's history jeff hall joins us

live from los angeles with more. facebook is working with law enforcement they are making many users log back into their account. this all has to to do with a feature called view ads. they exploited at this feature. they acted as digital keys. it has fixed a bug. this latest hack won't help user confidence. we have a significant number of people will been affected by a data breach that has nothing to do with their own online habits. all of this adds up to reduce the public confidence in that service. they talked about the hack

yesterday saying we are continuing to improve our defenses and i think this underscores that there are constant attacks from people who are trying to take over accounts. they steal still information for people in our community. concerns regarding russian influence on users. the company's says they're taking the situation very seriously but their investigation is still very early on in the past for an additional 40 million users of meaning 90 billion people well now had to log back in if they want access to their accounts. i'm changing my password. >> a and dudley 12 punch overseas. now a desperate search for survivors is underway. the details are still under way.

we get closer to the midterms. i thought the testimony likewise that i haven't seen before. it was incredible. it was incredible. in the history of our country.

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>> fox news alert presidential making his message back out on the road. he will be traveling to west virginia to attend a campaign rally tonight. they try to tried to flip a blue seat read. allison barber is live from west virginia where president trump is set to arrive and if you hours. a new internal poll shows him and manchin essentially a dead

heat. real clear politics. they are leading in this race by about nine points. president trump easily won west virginia back in 2016. and they want to flip the seat and they think they can do it with attorney general marcy. it is certainly part of this. if the judge votes on cavanagh they need a 51 votes to confirm them. on the left they have a key swing vote. they voted with republicans to confirm the call for an fbi investigation. the american people have been pulled apart by this entire spectacle we need to take time to address these claims independently it is what is right and fair for all involved. >> i think ultimately senator

manchin will vote for judge kavanaugh after the republicans make it clear then and only then will he step forward. joe should lead. they are overwhelmingly in support for judge cavanaugh and affirming his nomination to the supreme court. and joe manchin once again is just ignoring the role of the people i'm hopeful that president will call him out on that tonight's event the white house says they really the denials. he does not here is what robertshaw had to say about the confirmation fight. against judge cavanaugh.

>> the nomination has moved at a committee and per the sentence or class they offered this investigation. i think the senate has asked for something we will see at the present and says anything about judge cavanaugh today. he is expected in west virginia about four and half hours. music is already blasting in the arena behind me. there is a line up hundreds of people of in make america great gear. you can check president trump right here on the fox news channel. on 7:00 p.m. eastern.

>> the president kicking up a five state campaign tour. there he is with the gop candidates. let's bring in our panel. we've a former senior advisor to john kasich in the managing director at mercury llc. thank you both for being here today. we are beginning this. they are holding another big rally heading back to west virginia a place he has been a number of times and worth noting that this is the panhandle of west virginia which means you can reach out and touch pennsylvania and ohio. it does come not unnoticed play.

i want to say how much of this is a play into the west virginia. the senator is a man male among those votes. there is no doubt that he's going to increase in dizzy as them. but the problem for republicans is that when president trump speaks they are more likely to vote in so as you look at these rallies he is definitely going to be turning out his base. but the things that he has to say to turn on his face are also going to make democrats and those independents who are going to be voting for democrats in november were likely to vote. he has already shown some whiplash around his kavanaugh messaging this week. very disgracefully.

and then he said you wanted to hear her. he is kind of flat in the wind around his messaging. put him on the state as we know he is likely to probably attack dr. ford in ways that are going to add to what we saw in the fox news full where most americans do not want do not want judge kavanaugh to be confirmed. >> as were looking at the potential. what he might say tonight just on this battle that is going on. the present and still getting out there on the campaign trail despite the dramatic effort. very serious happenings with the cavanaugh confirmation. the supreme court was one of the major promises when he is

out there on the campaign trail. this is something that he was really selling to his voters. i want to talk about what you just said for a second though. i don't know there's much danger against getting more out there. it's already off the charts. and that's due to a few things. they also had historical trends. it usually does very well in the midterm elections. what i would say as every time the president goes out there he is energizing his base and in a lot of these states he's going to the key to the game is to make sure that they turn out to vote. and i think that's what the whole goal is. whether or not the supreme court nomination goes on or not. i get sent out to vote. and it mitigates some losses. in the long history. among those powerful

democrats. as we're looking were looking at what's happening there. how much of an effect will a battle have on this. they ultimately get that there will be -- or will you be less motivated. depending on how that all shapes out. i think in west virginia specifically what would drive voter turnout is when you don't want the term administration to mess with their healthcare. they have a lot of strength in the messaging around healthcare. the embrace of obama care by west virginians.

if you look at the fox news poll which happened prior to the testimony of dr. ford where you have more people believing dr. ford you have women in particular supper and went 17 points higher believing dr. ford and not wanting cavanaugh to be confirmed. this is in a drive the suburban women. i think the more he talks about it. the more likely he is to put his foot in his mouth as a seam. it's something that is frequent. i imagine it's can happen. he does kind of enjoy the rallies. we will be watching tonight. we need to see what he said.

they also raise a point as far as senator manchin. when they have to the polls or do you think that the republican in the state where they had been leaning red in read in recent years and becoming more it's on every voters mind. it's all over the place and that's what they're talking about. it just depends on how they frame it. let's go back to how it is affecting polls. i think the last two years had been unbelievable in raising awareness in some pretty amazing stories on how men treat women. i don't love talking about how it affects the polls on november there is a reality.

there's two things that could happen here. one is they could get energized if they feel like an innocent man is not getting their due treatment. that happens sometimes and it that could happen here too. if they appear. tone deaf and i was talking to that conservative mom. i would like to see really see more. if they get this affected it's good to be real problems. there is all kinds of other issues in the politics of it that's what we can look at. thank you so much for joining us today. and a quick programming note. will discuss the midterm strategy appears live on sunday morning futures that airs at 10:00 a.m. eastern right here on the fox news channel. kim jung un agreed to dismantle his site.

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>> north korea agreed to dismantle the site. only if it has the forces in south korea first. the foreign minister speaking before the un today. without any trust in the u.s. there will be no confidence in our national security and under such circumstance as there is no way we would disarm ourselves first. it's great to have you here. the president and secretary of state says we are real progress the one thing we can say we don't see what's going on behind the scenes but the

one thing you can't say is when you look at the foreign minister of north korea's speech there was no sign of real progress. the second half of that speech was quite belligerent. they said the following. the perception that sanctions can bring us on our needs as a pipe dream of the people who are ignorant about us. they are deepening the mistrust. the thing is if they don't have an effect why go on about them. that's what he did. the whole thing in the speech you can hear it throughout the problem is mistrust. and the reason why it's mistrust is because of the united states. blaming us from everything under the sun. right now, of course there is a lot of mistrust. because they invaded the south koreans of 1950s. and they said don't worry about the past obviously we should.

>> the games they are playing. we are seeing the same playbook from kim jung un. it is the family. his predecessor was his father and his father's predecessor was his grandfather. right now we have seen the steam throughout. in the united states knows about this. so is really up to us to say or not playing this game anymore. we will get to that in just a moment. ♪

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are you encouraged that there are you encouraged that there >> in the past there have been years with the north koreans are not tested anything. they've gone back to testing thicks. you know, the very same guy a year ago promised to death nate a thermal nuclear device over the pacific and the north koreans then reiterated that promise a couple of months afterwards. now, i don't know what they're going to do but people say and i think it's absolutely right that for them to have a credible weapon they need to be able to test it at least once, most countries have had an atmospheric test once to make sure everything is integrated

and works properly. >> okay, also in the region that's north korea, what about china these days, what about the role with north korea and what about their relations with the u.s. right now? >> we've had an extraordinary week and a half with regard to china because china has been throwing temper tantrums on a number of things, we are not just talking about trade, disputes with them on broad-range of issues and now starting to manifest themselves in open bickering and friction and we haven't seen this in a very long time. you have to go back several, several decades. i think right now china is doing a number of things that are counterproductive to their own interest which shows that they really have lost the cue cards. >> gordon chang, i could pick your brain all afternoon but we have to go. pleasure being with you. we will be back at 4:00 eastern for more news. the journal editorial report is up next.

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♪ ♪ ♪ paul: welcome to the journal editorial report, i'm paul gigot, the white house friday ordered the fbi to conduct a supplemental investigation into supreme court nominee brett kavanaugh following a call from republican senator jeff flake of arizona who agreed to vote kavanaugh out of the judiciary committee on the condition that the bureau look into the allegations of sexual assault leveled against him. >> i think it would be proper to delay the floor vote for up to but not more than one week in order to let the fbi continue to do an investigation limited in