molly: new developments in the push to confirm supreme court nominee brett kavanaugh. fox news has learned the fbi has begun contacting those connected to incidents involving kavanaugh including accuser deborah ramirez. welcome to a brand new hour inside america's news headquarters, i'm molly line in for arthel neville. mike: and i'm miami emanuel. the -- and i'm mike emanuel. protesters confronting jeff flake in an elevator after he announced he would support kavanaugh's nomination. after the committee voted in favor of moving the nomination to full senate.

>> i think everything that i've seen and viewed and experienced in the last couple of weeks has had an impact. but, so it's the been everything. this is limited in time and scope, and i think that it's appropriate. it's a lifetime appointment, and allegations this serious, we ought to let people know that we're serious about it. mick mick rich edson's live on capitol hill. hey, rich. so senator flake says he changed his mind after a conversation with a democratic colleague. >> reporter: that's right, mike, and good afternoon. senator flake says after a conversation with democratic colleague chris coons helped to change his mind on all of this and push more that one-week investigation by the fbi. senator flake spoke to "the atlantic" in which he says he trusts chris coons and that if it were anybody else, he wouldn't have taken that plea seriously. he also says, quote, i don't know if there was any one thing, but it was just unsettled. , you know, when i got back to

the committee, i saw the food fight between the parties, the democrats saying they're going to walk out, the republicans blaming everything on the democrats. flake believes this one-week investigation will actually help kavanaugh, that he plans on voting for kavanaugh's nomination unless the investigation brings up something or unearths something that would prevent him from doing so, mike. mike: interesting dynamics here where a number of the moderate senators had a whole lot of leverage. >> reporter: they really do. republicans and democrats who were looking at this because most republicans saying they're going to vote for kavanaugh, most democrats saying they're going to vote against, so now you have this group in the middle that's going to decide based on this one-week investigation. senator joe manchin writes, quote: it took courage to take a stand and call for an fbi investigation to get to bottom of the allegations against judge kavanaugh. this has been a partisan and divisive process. senator susan collins tweets: i support this sensible agreement.

i am pleased to hear mark judge has indicated that he will cooperate with investigators. mark judge is the friend of brett kavanaugh that christine blasey ford says or claims was part of this sexual assault against her back in high school in the early 1980s. also one gig development, senator orrin hatch has written a letter to fbi director saying he wants to be notified if there are any witnesses who do the not want to testify the or who are blocking this, pushing the fbi to stay within this one-week time frame. mike? mike: rich edson live from capitol the hill, thanks a lot. for more, let's bring in roll call deputy editor jasonen dick. good to see you. supreme court is huge in our political system. leadership doesn't have the 50 votes just yet. talk to us about week ahead with in the hanging over washington. >> it should be a really interesting week, mike. one thing that i -- it strikes me that we just don't the know where this might be headed. we usually do know kind of what,

where we're going to be in any given day in a week. but certainly the last couple of days showed us that we just were in for kind of a wild ride. it was all the way back on monday that we thought rod rosenstein was going to be the fired. mike: right. >> that seems like it was a month ago in some ways. so while this fbi probe is happening, what the senate is doing the though is they're going to take the care of some business that needs to be taken care of. they're going to consider a short-term reauthorization of the federal aviation administration, and that'll kind of keep them in the building and keep them a little busy while they await the outcome of this probe. mike: keep the planes flying too. what about the leverage some of those key moderates have like jeff flake, susan collins and lisa murkowski and how they used it? >> it's the huge. and, i mean, one thing that is -- i'll say about this uncertainty is that in a way you can look at it almost as being kind of heartening, that the leadership is in in both

parties, is in such a kind of almost a rut. they know what they have to say in order to kind of keep their troops in line, and there wasn't really a lot of movementen on either, on any kind of compromise or deal or agreement or path forward from the leadership. this came from, you know, as we saw earlier, from jeff flake and chris coons with the agreement of people like lisa murkowski and joe manchin and susan collins. those are all people who are not in leadership, but they all have close relationships, and they all trust one another. and even though this is frustrating for a lot of people to see this playing out in realtime -- and i'm not discan counting how kind of traumatic this can be for a lot of people -- this does show that there is some things that work in washington. and one way you accomplish that is by gaining the trust of people, even people who aren't in your own party. mike: is it your sense if the fbi does not uncover some major allegations, that those

moderates back the confirmation? >> it would certainly seem to so. at this point we have a 51-49 senate. i think if nothing comes up outside of the scope or within the investigation, as you said, supposed to conclude by friday, that will also give some cover for some democrats even to join in. joe manchin, the dell democrat from west virginia, he's going to start feeling a little bit of heat probably in a couple hours, donald trump is going to be in the wheeling up in the northern panhandle at a rally to become up some support for patrick morrissey, the republican senate candidate who's trying to knock manchin out of his seat this coming no. so manchin is under a lot of pressure. west virginia is a very supportive state of the president. the president's going to remind voters of what his stance is, and he's going to tell them to watchmanchin really closely. same thing for heidi heitkamp in north dakota who has not said how she's going to vote on the kavanaugh nomination.

so this, the political implications of in the are pretty big, and if nothing big comes out of this probe, you'll, i think you'll see the republicans' support shore up, and they might grab a couple of democrats too. mike: and those moderates say to their constituents, hey, we had the fbi take a look, and there was nothing there, right? >> right. it does give them a reason to get to yes. and, certainly are, that's some of the indications that we've seen previous, before the, you know, before the sexual allegations came out, sexual misconduct allegations came out, joe manchin looked like he was inclined to vote for judge kavanaugh and was kind of looking for a way to get to yes. he's also treading a fine line because he does, you know, he is a democrat. mike: sure. >> so if this investigation does not show anything untoward, then that probably gives manchin an easier way to vote for him. mike: what about the impact the supreme court fight has on the

midterms, now 38 days away? >> i'm interested, you know, i've got some, a lot of friends who work in political handicapping. my friend nathan gonzalez who is roll call's elections analyst and the publisher of inside elections, he can't imagine democrats in particular getting any more fired up about the midterm election. they're already kind of at 11 if this was spinal tap. mike: sure. >> but this does the have the potential to tune in a lot more republican voters. i saw a poll the other day the from the pew research center that said that level of interest in the midterm elections is just sky high. it's the at 72% of the electorate, which is something we haven't seen in almost 24 years. so people are engaged in a way that they're or usually not engaged unless it's a presidential year. if republicans start to tune in on this, they might, you know, come out in bigger, in a bigger force, say, than if they were, you know, just kind of not engaged on a supreme court

fight. mike: so here we are, september 29th, the end of the government's fiscal year in washington, no government shutdown drama. [laughter] for now, how about that? >> there's a part of me that's just kind of empty right now. [laughter] usually we do see these fights over government funding. i think both parties, particularly in congress, just saw that this was not a fight that they necessarily wanted to have right before the midterms. the president has signed five spending bills plus a short-term bill that goes into december. so even, you know, there are some things that they're going to debate after the election probably, the border wall is one of them. mike: sure. >> but the level of anxiety that we usually have on september 29th, september 30th -- which ises the end of the fiscal year -- it's just not here. my friends who cover appropriations are just kind of walking in circles saying what do we do now? [laughter] mike: well, maybe before christmas. hopefully, not. jason dick, thanks for your time. >> thanks, mike. molly: former supreme court

justice anthony kennedy not commenting on the drama surrounding the man who's been nominated to take his place on the high court, but at the same time kennedy the warning that the fight over brett conservative gnawing's -- kavanaugh's confirmation could cause damage to the democratic process. >> the first part of this century we're seeing the death and the decline of democracy. we can't let this happen because the whole idea of democracy is it protects freedom the, and the whole idea of freedom is it protects you as an individual and gives you a right that is your right by nature. you're the one that gives the power to government, not vice versa. molly: the retired justice was back in his hometown of sacramento celebrating constitution day. democrats may get their wish for an the fbi investigation into allegations against judge kavanaugh. >> i'm deeply grateful to senator flake and others who i believe will join him in saying that they are not comfortable proceeding to a final vote on

judge kavanaugh's nomination without a short, additional professional period of investigation. molly: of course, they did get their wish. but how will this play out in the polls in november? we will talk to larry sabato, the man with a pulse on the most critical midterm races. plus, what former president bush is doing to help get kavanaugh's confirmation to cross the finish line. and some high school students take a hands-on approach to getting some homeless veterans a place to live. ♪ ♪ that skills like teamwork, attention to detail, and customer service are critical to business success. like the ones we teach here, every day.

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mike: fox news alert, several law enforcement agencies are are investigating after two mississippi police officers were killed in an early morning confrontation. the incident happening in the city of brook haven. investigators say the officers were responding to a call of shots fired at a home when the suspect opened fire. the suspect, 25-year-old march keyes flowers, was wounded in the shootout. no word yet on his condition. molly: judge brett kavanaugh's supreme court confirmation on hold as the fbi begins investigating decades-old sexual assault allegations against him. the probe is expected to delay the cop fir mission process by at least a week, but some lawmakers may not be ready to support him even then. senator susan collins and lisa

murkowski, two key republican votes, remain undecided. democratic senators joe manchin and heidi heitkamp who face tough re-election races in red states are also on the fence. so how will this play out with just weeks to go before the midterm elections? joining me now is larry sabato, director at the university of virginia's center for politics. larry, thank you so much for being here, i've been looking forward to talk to you all day the about this, about the midterm elections. let's start with those, you know, those key moderate senators, the swing state senators that are up in play. fascinating, you know, election year as we get closer and closer to the midterms. the president heading to west virginia for an evening rally already. we know that senator manchin in west virginia in a tough spot as well as heidi heitkamp. how much do these races matter, and how much does the kavanaugh confirmation process play in? >> i think it plays a role in both of them. look, of the two there's no question that where president trump is going tonight is the

key one. that is senator manchin, a democrat but a more conservative democrat, and he's gone back and forth on some of these nominations. but i can tell you just from having been in the senate on tuesday and having talked with some of the republican leadership, i think it's very, very clear certainly to me and i'm sure to senator manchin that if he does not vote for brett kavanaugh, they plan to double down on defeating him. and it was the put just that way to me very, very bluntly. so we'll see. let's see how this comes out. you never know what's going to be discovered in this fbi reopened investigation, but i think manchin is in, is really on the hot seat, and heitkamp is too. the difference is that manchin has been ahead by a narrow margin in most of the public and private polls. heitkamp has been behind consistently. molly: let's take a quick look at some polling data the on

supreme court appointments as to whether or not the scotus appointment is being very important to votes overall. this from september 18th through the 24th, pew research center. democrats, 81 president, republicans, 72. this has been a -- 72% p. this has been a key promise that the president has a made on the campaign trail in the runup to his election to becoming president. he said, you know, the supreme court was something he promised, and there were people out there that maybe did not love president trump, but they were really worried about the supreme court. and perhaps cast their ballot specifically on that issue. what do the you make of that poll and what it could mean for the midterms? >> all right, let's apply it to this election because i think it will play a role, and it's going to play a role for both sides. but human nature being what it is the, it's the side that loses the kavanaugh battle that will be angriest, and i've learned over many, many years that anger produces votes. so the side that's satisfied by

the outcome, i'm not saying they won't turn the out, i'm suggesting the other side who will be angrier about the outcome will turn out at a higher rate. molly: you actually literally just stole the question i was going to ask you which was about what it would mean when this vote came to pass and who would end up turn thing out at the polls. when you look at voter enthusiasm overall, we have another poll to take a quick glance at -- here we have just kind of a little bit of a line, also the pew research center, thanking them as well. when you look at voter enthusiasm, the idea has been, you know, widely talked about that it's the party that is in power that will begin to lose those seats in the house -- potentially the senate, that's the toughest battle for the folks in power to hold on to those seats. and that's a little bit of what the enthusiasm shows here in this poll. as we see this confirmation battle playing out and actually taking longer than specifically republicans would like to see, how much of a role does the it

play into the election as it draws closer, and could everything change, you know? in two weeks from now if the confirmation vote comes to pass sometime this week, will things just move on? >> you know, in the old days i would have said there's absolutely nothing that can take the place of this burning issue that caused americans to drop what they were doing and watch tv the all day. but think about how much news hits us each day and the velocity of the news. there are six or seven -- mike: president trump departing the south lawn for west virginia speaking to reporters. let's listen. >> i would expect it's going to turn out very well for the judge. there's never been anybody that's been looked at like judge kavanaugh. i think it's going to work out or very well. but the fbi, i believe, is doing a really great job. they have been all over already. >> [inaudible] >> yeah, they have free rein. they're going to do whatever

they have to do. whatever it is they do, they'll be doing things that we never even thought of. and hopefully at the conclusion, everything will be fine. [inaudible conversations] >> what? >> [inaudible] >> yeah, i do can, i think he's great. i don't think there's ever been any person that's been under scrutiny like he has been. i think it's been a very tough process. but he's a good man, he's a great judge. this is a great judge. highly respected for many, many years, at the top of the list, and i hope everything works out great. but i will say there are a lot of people going out right now working very hard. i'm going to west virginia, we have a big crowd, many of you are going, and we're going to have a lot of fun. we're going to have a rally, and it's going to be a lot of fun. >> [inaudible] >> well, i think we have a close race. that's going to be a race. we have a lot of close races. we have races, as an example in the senate, we're having races that nobody thought were possible and now they're tied.

and, actually, republicans are winning. and i really believe when the public looks at the situation that's taken place over the last three or four days and watch the democrats how they're acting so terribly, so dishonestly, keeping papers and documents, not releasing them until after hearings are over, i really think the republicans are picking up a lot. i really believe that. i'll see you -- [inaudible conversations] >> i will see you in west virginia. >> [inaudible] >> well, i think it's fine. i think, actually, this could be a blessing in disguise, because having the fbi go out, do the a thorough investigation whether it's three days or seven days, i think it's going to be the less than a week, but having them do the a thorough investigation, i actually think it'll be a blessing in disguise. it'll be a good thing.

i'll see you in -- >> [inaudible] >> i don't have any -- i don't need a backup plan. we'll see what happens. i think he's going to be fine. again, one of the most respected men and certainly one of the most respected jurists or judges in the united states. [inaudible conversations] >> [inaudible] >> oh, i think she was. but we're going to have to find out. i think, frankly, the fbi has a chance to reveal a lot of different things. i'd like to find out who leaked the papers. was it senator feinstein? because, certainly, her body language was not exactly very good when they asked her that question. so i would like to find out as part of it who leaked the papers, which democrat leaked the papers. thank you very much, everybody. mike: president trump there on the south lawn as he's heading to wheeling, west virginia, expressing confidence in judge brett kavanaugh, his supreme court nominee, and also saying

that the fbi probe -- a limited fbi probe may be a blessing in disguise. molly? molly: the uncertainty over kavanaugh's confirmation, big name supporters like george w. bush are making calls to undecided lawmakers. will this help to turn the tide? plus, an unfolding tragedy in indonesia after a powerful earthquake and a tsunami. rescue workers are working desperately to find any survivors. those details next. ♪ ♪

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rash, itching or hives have happened. tell your doctor about dental problems, as severe jaw bone problems may happen or new or unusual pain in your hip, groin, or thigh, as unusual thigh bone fractures have occurred. speak to your doctor before stopping prolia®, as spine and other bone fractures have occurred. prolia® can cause serious side effects, like low blood calcium; serious infections, which could need hospitalization; skin problems; and severe bone, joint, or muscle pain. are you on the path to stronger bones? if you're not sure. ask your doctor about prolia®. molly: fox news alert, new video of president trump boarding air force one enroute to wheeling, west virginia, for a rally in support of senate candidate patrick morrissey. meantime the, mr. trump ordering an fbi investigation into supreme court nominee brett kavanaugh over sexual assault allegations. this after ads senator jeff flake -- after arizona senator jeff flake asked for a delay on the senate floor until that

investigation is completed. leland vittert has more from washington. >> reporter: while the fbi's resources and investigative experience are unmatched and almost unlimited, there are serious questions as to what they can uncover here beyond anything that is already in the public record. >> there's no physical evidence here, there's no forensic evidence here, there's no electronic evidence here -- far too old for that -- so they're really going to be limited to about half a dozen people, largely duplicative of what's already been done by the senate. >> reporter: christine the blasey ford stands by her allegations, and her lawyer says a thorough fbi investigation is critical to developing all the relevant facts. judge kavanaugh comets to deny any and all charges against him and says he will speak to 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 says she, too, will cooperate but in a letter says, quote, my client has already made clear she does not know

judge kavanaugh and has no recollection of ever being at a party or gathering where he was present with or without dr. ford. notably ms. kaiser does not refute dr. ford's account, and she has already told the press that she believes dr. ford's account. however, the simple and unchangeable truth is she is unable to corroborate it because she has no recollection of the incident in question. mark judge who ford also says was there says he has no recollection of the events but will also cooperate, same thing for alleged party attendee patrick j. smith. republicans keep pointing to this sound bite from joe biden in the anita hill hearings. >> fbi explicitly does the not, in this or any other case, reach a conclusion. period. >> reporter: to that point, some of kavanaugh's supporters are spinning this as a good thing, saying the mere fact of an fbi investigation will take away a key democratic talking

point making the they well worth it. molly? molly: leland, thank you. mike: in indonesia a powerful 7.5-magnitude earthquake striking the central part of the country yesterday triggering a tsunami that unleashed waves as high as 20 feet on the northern coast. now hundreds of people are dead the, and many others are missing. kitty logan joins us from our london bureau with the latest. hi, kitty. >> reporter: the exact death toll is still unknown, but many more are thought to be missing, and the indonesian vice president says thousands could be dead. most of those known to have died lived on the island where an 18-foot tide tsunami swept through late on friday. water smashed into buildings, bringing debris along with it, leaving devastation in its wake. it reached speeds of up to 500 miles an hour before it hit the

shoreline. hundreds of people at a beach festival are thought to be among the dead. questions are being asked after an official tsunami warning was lifted after just 30 minutes. the tsunami followed a quake of magnitude 7.5 which in itself also killed and injured many. aftershocks are continuing as well. indonesia, of course, sits on the so-called pacific ring of fire and has a long history of earthquakes. in 2004 200,000 people were killed in the tsunami, and 500 died on a holiday island. the city of palo has been hit by tsunamis in the past too. now the race is on to get aid to area. several countries have offered to help, but for now the search for survivors goes on. according to the red cross, there has been no word at all from some places. communications are cut off, and the fate of the population there is yet unknown. in london, kitty logan, fox

news. mike: kitty logan reporting. thank you. molly: another security breach at facebook. the social media giant announcing hackers gained access to nearly 50 million accounts by exploiting bugs in facebook's code that keeps users logged in but could also give outsiders control of the accounts. facebook says it doesn't know who was behind the attacks or where they are based. daniel hoffman is a former cia station chief and a fox news contributor. dan yell, thank you for being here today, we appreciate it. we have a lot of p ground to cover, so we'll kick off with facebook. i saw this across the news yesterday, looked at my phone, sure enough, i couldn't get into my account for a while. i'm sure people all across america wondered if they were compromised. how serious is this? >> i think it's pretty serious. once again another successful hack, intrusion into our social networking and media sites. one of the key elements of cybersecurity is protecting the integrity of our data, and once again we find ourselves to the

right of boom in incident response phase with a data breach impacting as many as 50 million, possibly 90 million users of facebook. and as you pointed out, it's a large, complex attack, but we don't know who the hackers were, and that's really important information to learn. molly: why is that information so important to know, so you know where it'll come from next time? it can be combated in a broader way? >> right, that that's part of it. at ricks is a really -- attribution is a really important part of cybersecurity, we need to know who's targeting us. were these state actors like china, which is known to attack the our opm in 2015 or russia, interested in learning about individuals possibly to conduct influence operations in the upcoming election? what about nonstate actors like criminals? it's just -- the more information we have the better, and the fact that we don't have it is disthe concerting, to say

the least. molly: a final quick question before we leave facebook, they created an election war room, essentially, to combat attempts into cyber-meddling into our elections. you know, who is better matched, you know, are we ahead of the game, or are the people who are trying to hack into our social media, our systems to affect our elections, do the they have the better technology? >> i think it's just, it's a constant what i used to refer to back at the cia was a constant spy versus spy game where we're trying the defend ourselves. there's no deterrence here. we're not going to deter nonstate actors from targeting us in cyberspace, but we're trying to detect their efforts. you've got to detect their surveillance. it's just like any other attack. those who are looking to target us will conduct surveillance and reconnaissance before they attack, and facebook and other social media site ises stop a lot of attack the, this just made its way through.

molly: you brought it up, something that didn't get a lot of anticipation the, but the united nations general assembly here in new york, the president specifically talked about meddling in the midterm elections and mentioned china. the representative from china did not look pleased to hear about this. just your thoughts on what felt like kind of a moment there at the united nations. >> yeah. i thought the president was absolutely right to use the united nations' bully pulpit to ring the alarm bells on china. we know china's been trying to project their economic power, their cultural military power as well as conducting massive espionage operations against us. just last july in aspen directer of fbi, wray, said china was the most significant counterintelligence threat we face. he said their espionage runs from corn seeds in iowa to turbines in massachusetts. those comments were pretty prescient based on what china did by taking out that four-page

supplement finish. molly: i was just going to say we have it, and we can show you. >> okay, great. molly: this is from a tweet that the president sent out on wednesday. the president drawing attention to this saying that china's placing propaganda ads in the des moines register and other papers made to look like news because we're beating them on trade the, opening markets and that formers -- farmers will make a fortune when this is over. the the president's tweet, the way he's communicated this, and also just the effort that is underway on the part of china. >> well, again, i think the president's right about this. i think this effort by china very overt with the beijing return address, the daily -- this china daily is linked directly to beijing. it's their propaganda arm. they've registered with the foreign alien registration act, so we know what they're all about. it probably does reflect that there's great concern in china about the impact of this trade war on china's economy, and they are trying to influence our farmers directly. and i think perhaps they even want us to know that they're

doing that. maybe they want us to increase the pace of the negotiations because they're feeling the sting right now. molly: yeah. and you know something that has been just widely a big focus in the news, of course, russian meddling in our american elections. and just if you could bring us up to speed on where you think that stands right now. >> well, it hasn't stopped. it's been ongoing for years. just because the president called out china doesn't mean that the administration believes russia has stopped interfering in our elections through a variety of means by using our social networking and media sites and conducting massive espionage operations. but this was about china. and remember in august the president signed the national defense authorization act which calls out china as a hostile power which we must counter across all battle spaces. and i think that's what this tweet -- sorry, e think that's what the president's statement at theup was all about. molly: yeah, it does seem like a big focus. the big news is on china. daniel of match, thank you very

much for taking a few minutes for us today. >> my pleasure. mike: north korea talking tough at the united nations today the, the rogue regime's foreign minister says kim jong un will greece to dismantle his main nuclear site but only if the united states reduces its military forces in south korea fist. earlier this week president trump said we don't need to rush an agreement with north korea. mr. trump said the process could take as many as three years. molly: president trump now aboard air force one as we're about 90 minutes away from his campaign-style rally there in west virginia. a live report from wheeling ahead. plus, kavanaugh accuser christine blasey ford having a major impact on women across the nation. we'll explain. ♪ ♪ ♪ flintstones! meet the flintstones. ♪

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♪ molly: a baggage handler in portland, oregon, accused of stealing guns from the checked luggage of air passengers.

police say desean kelly stole six guns over a two month period finding all but one of the guns stole then at his -- guns stolen at his home. investigate forget used two luggage bags as bait to catch him. kelly was not an airport employee but worked for a third-party company. mike: former president george w. bush is standing by judge brett kavanaugh and personally calling undecided republican senators, urging them to confirm the supreme court nominee. in an interview with the atlantic, senator jeff flake saying this about president bush. quote with: i've spoken to him a few times in the past few weeks. he obviously worked closely with brett is he's a big fan, and he's called me and a number of my colleagues. let's bring in dave rivkin, former white house counsel under presidents reagan and george h.w. bush. great to have you. >> good to be with you. mike: the bush family, as you know, is famous for its loyalty.

any surprise george w. bush is working back channels on behalf of his long-time aide, brett brt kavanaugh? >> it's not surprising, but it's impressive. i'm quite gratified that he's doing it, and it underscores what tremendous reputation and credibility brett has with people who worked with him for many, many years. mike: to you expect the enforcement from president bush and his former aides will have an impact on some of those critical moderate senators; jeff flake, susan collins, lisa murkowski, for example? >> i certainly hope so. i also hope the fact that they got their way as far as the additional fbi investigation, and i frankly don't expect it's going to yield any new information. and they got a they of a week. it's, frankly, the last concession they would require to come through and vote. the thing about it, they've gotten quite a few concessions given how tight the balance of power is in the senate, they got

the additional hearing featuring dr. ford and judge kavanaugh, they got delays of that hearing, they got ground rules that were quite much driven by dr. ford. so there have been a lot of, a lot of concessions made to senator flake. mike: then there's the aclu which typically does not endorse or reject political candidates but came out against judge brett kavanaugh after its national board meeting. the quote, the aclu's board of directors deeply concerned by the allegations in recent weeks has made a rare exception and voted to oppose the nomination of brett kavanaugh to the supreme court. your reaction, david. >> dethe mother bl for two reasons. one, that's not anything they've ever done. supporting opposing candidates. but second, if you continue reading their statement, they basically say that the burden is on judge kavanaugh to prove his

innocence. that is utterly inconsistent with due process. one of the can key elements of due process, mike, is that the accuser bears the burden. having an organization like aclu come out just shows you how much we have lost not just in terms of civilized discourse, organizations have lost their soul. let me give you very quickly another example. we have a president of aba, and much with was made about sending a letter to the judiciary committee making it appear that he's done it on behalf of the aba recommending an additional investigation. he's actually speaking on his own, because the aba the way it functions to review the qualifications of judicial candidates and gave judge kavanaugh coveted highest rating, well qualified. haven't changed it. here you have the president of an aba, you'd think a careful lawyer who sends a letter on aba stationery. put it this way, there are many organizations and people behaving badly in this context. mike: you've been around washington for decades.

is this the nastiest con fir the mission process you've seen? >> it is. it, frankly, is a lot nastier than what happened with both judge bork and judge thomas. but what troubles me again, what's at stake here is really the future of due process which is not only something you apply in the context of judicial proceedings, mike, but basically the way in a civilized body politic all interactions at all levels in the private sector and the government should be conducted. this is a total adomination, in my view. mike: dave rivkin, thanks fur your time and analysis -- for your time and analysis, sir. have a wonderful day. >> thank you. molly: fox news alert, the sec says it has reached a settlement with tesla ceo elon musk over his tweet the about taking the company private. tesla and musk have been ordered to each pay $20 the million to the feds. musk says he will step down as chairman of the company but will remain its ceo.

judge kavanaugh's accuser giving a gripping account of the sexual assault she claims he committed against her. how the testimony may have prompted more survivors to seek help. ♪ ♪ etter things than rheumatoid arthritis. before you and your rheumatologist move to another treatment, ask if xeljanz xr is right for you. xeljanz xr is a once-daily pill for adults with moderate to severe ra for whom methotrexate did not work well enough. it can reduce pain, swelling and further joint damage, even without methotrexate. xeljanz xr can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections, lymphoma and other cancers have happened. don't start xeljanz xr if you have an infection. tears in the stomach or intestines, low blood cell counts and higher liver tests, and cholesterol levels have happened. your doctor should perform blood tests before you start and while taking xeljanz xr, and monitor certain liver tests. tell your doctor if you were in a region

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♪ molly: a sex abuse hotline reports a surge in the calls for help following the testimony of brett kavanaugh's accuser, dr. christine blahs city fompletd jackie heinrich joins me now. is this at all unusual? >> it is, and we actually just got updated information. the calls to the hotline were 201% above normal, but the rate climbed yesterday hitting 728% above normal, making for the center's biggest day in the history of their organization. the initial increase came as dr. christine blasey ford described in vivid detail what she claims to remember about the alleged attack. while crisis centers say it's normal to get an increase in calls, it's not unusual for victims to wait years to come forward. >> survivors have all kinds of reactions to what is going on. one of the reactions and maybe the most severe is that there's something about the hearing that reminds them of their own situation. it can be very triggering to see

something or hear something, smell something that reminds you of your own assault. >> operators at the national sex assault hotline have been seeing spikes since dr. ford's case came into the public eye. calls jumped 45.6% compared to last year, and last weekend when a second accuser, deborah ramirez, came forward calls raised 57% compared to an average weekend. dr. ford's testimony was followed by an motional rebuttal from judge kavanaugh. in a surprise decision by the committee, a postponement of the vote to allow for a limited fbi investigation. molly? molly: makes you realize how many people are so deeply affected. jackie heinrich, thank you so much. welcome to fox news channel. glad to have you. >> reporter: thank you. molly: one more question. what's the reaction to general postponement? >> reporter: molly, the crisis center was all for this motion.

they released a statement say, quote: we are grateful for the decision to postpone the vote until the fbi can investigate the allegations of sexual assault, the risks of a brief delay in a confirmation vote are far less than the risks of a lifetime appointment made in haste. the hotline offers confidential support and free services from trained staff. they're encouraging anybody who needs their help to call 800-656-hope. molly: jackie heinrich, thank you. >> reporter: thank you. mike: we are about an hour away from president trump's big rally in wheeling, west virginia, in support of senate candidate patrick morrissey. we will bring you those remarks live as soon as they given. ♪ ♪ hi i'm joan lunden.

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mike: president trump is about an hour away from addressing supporters in west virginia. we see the justice who converted from democrat to republican. and on the stage, lou holtz. molly: a new hampshire man holding the record for the largest pumpkin in north america. this weighed in at 2,228 pound. he's taking home the $6,000 prize money and bragging rights

and a whole lot of pumpkin pie. thank you for joining us. mike: it's been a lot of fun. be back tomorrow. oncot is up next with the "fox report." jon: president trump back on the campaign trail, this time in west virginia as his pick for the supreme court faces uncertainty on capitol hill. compelling testimony and angry outbursts. i'm jon scott. the president set to arrive any minute now in wheeling, ohio, county airport. the president will be making his second visit to the montana state in three weeks. he'll be stumping for republican candidate patrick morrisey. he's trying to