thank you so much to all our guests. you can learn more about "the next revolution" by following us at -- ed henry is up next. join us next sunday when "the next revolution" will be televised. . >> dr. ford, with what degree of certainty do you believe brett kavanaugh assaulted you? >> 100%. >> 100%. >> none of these allegations are true. >> correct. >> no doubt in your mind? >> zero. 100% certain. >> not even a scintilla? >> not a scintilla. 100% certain, senator. >> you swear to god? >> i swear to god. ed: shocking accusations, a riveting defense and still no evidence or corroboration, but now the fbi is digging. the nomination of a u.s. supreme court justice hangs in the balance and emotions are running high. >> look at me when i'm talking

to you! you're telling me my assault doesn't matter, what happened to me doesn't matter, and you're going to let people do these things into power. that's what you're telling me when you vote for him. ed: good evening. i'm ed henry in washington. you know what happened last week. we're here to preview what can happen this week as judge brett kavanaugh's nomination reaches the final showdown. tonight "life, liberty & levin" will air at 11:00 p.m. eastern time, we can show you the events rocking the white house, congress and the highest court in our land. and breaking news tonight, we're about to unveil a harvard harris poll. it has shocking results for the white house about where voters stand on kavanaugh right now. we'll give you the data first and get live reaction from a top white house official. breaking tonight, the "washington post" has spoken to a kavanaugh classmate at yale who is planning to tell the fbi

he witnessed quote, unquote violent drunken behavior. is this a pile-on or it could get votes from the senate? dianne feinstein sat on the letter for two months. making all kinds of demands about the scope of the fbi investigation. feinstein is not alone. former cia director john brennan weighing in, accusing kavanaugh of blatant partisanship. pretty rich coming from brennan who accused president trump of treason. the "new york times" has an op-ed how the fbi should run the kavanaugh investigation written by james comey. yes, that james comey. that made a hash of the trump and clinton fbi probes. our panel will debate whether brennan and comey have a point or sit this one out? and talk about irony, the president battling the fbi leadership for well over a year. now the president put the fate of his nominee in the fate of the very same fbi. he thinks it could be a

blessing in disguise because if the fbi clears kavanaugh it may guarantee support of swing votes like jeff flake. >> 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 to do an investigation limited in time and scope. ed: also today, the president and aides are pushing back hard. report is claiming he asked the fbi to limit investigation of the allegations against judge kavanaugh. sorting it all out is ellison barber with the latest in washington. good evening, ellison. reporter: good evening, ed, two separate reports raised a whole lot of questions about the scope of the fbi investigation and what directive might be coming from the white house. nbc news reported that the white house counsel's office gave the fbi a list of witnesses they are allowed to interview. not on it according to cnbc

julie swetnick. the third woman to publicly accuse kavanaugh of sexual misconduct. she says kavanaugh was present at a party when she was gang raped in the early 80s. a "wall street journal" report says the white house instructed the fbi to interview the first two kavanaugh accusers, not the third. two senior white house officials are suggesting reports of involvement here are overblown. >> the white house isn't intervening. we're not micromanaging this process. it's a senate process. it has been from the beginning and letting the senate continue to dictate what the terms look like. >> the president very much respects the independence of the fbi and feels they should be looking at anything they think is credible within the limited scope. >> you can interview these witness bus don't interview these witnesses? >> i don't think don mcghan would do that. >> attorneys representing dr. christine blasey ford told the senate and the world she is 100% certain kavanaugh sexually

assaulted her in high school, have not been contacted by the fbi. the president ordered the fbi to conduct a supplemental fbi investigation. kavanaugh adamantly denies all of the allegations against him. the white house claims they are not micromanaging the fbi investigation. dianne feinstein sent a letter to the white house asking they provide a copy of the written directives sent by the white house to the fbi, and in addition, she writes if the fbi requests any expansion beyond the initial directive, please provide the names of any additional witnesses or evidence. the fbi did speak to deborah ramirez, she claims kavanaugh exposed himself to her at a party in college. kavanaugh strongly denies the allegation. agents interviewed ramirez today, she detailed allegations and gave the agents names of other individuals she says can confirm her story. ed? ed: ellison, appreciate that

report. at the top of the show, we promised to give you the new look at harvard-harris poll where the public stands on the kavanaugh nomination. mark penn posting analysis at the hill.com. he shared it with fox first. bad news for kavanaugh. after the testimony, the poll found only 37% say confirm him. 34% say reject him. 23% undecided. the news got better for kavanaugh for no evidence of sexual assault. 60% of respondents said if the fbi finds no corroboration, they would favor his confirmation. and majority of the public expects that the fbi will come up with little that is new leading 63% to say they believe kavanaugh will be confirmed. 37% of voters saying they want senators to vote in favor of the confirmation. interesting, because we have one of the senators right now. we want to bring in senator bill cassidy, republican of

louisiana. good evening, sir? >> good evening. ed: what's the reaction to the poll saying there was damage done to kavanaugh. he's underwater with the american people. if the fbi finds little or nothing new, they think he should be confirmed. >> what i expect. when i tell people, wait a second, every witness dr. ford says that was there denied it happened, including her best friend. that was lost. four people she says were there don't remember, say to the best of their knowledge that did not occur. wow, that's true. once it clicks with them that is the case, they say -- ed: is that going to resonate with susan collins? with lisa murkowski? what conversations have you had with moderate senators on the republican and the democratic side. >> i cannot speak for them. on the other hand, we're in a society we cannot destroy another person just by saying something against them without corroboration, hopefully decide they must go with judge

kavanaugh. ed: what about the scope of the fbi investigation. there is confusion about that. should the white house turn over to dianne feinstein and the entire senate exactly what they directed the fbi? we were told current and credible allegations. what if there is new information? should the fbi look at that? >> i can almost promise you there is new allegation. what we know is democrats made a -- democrats have recognized the #metoo movement, the me too movement is so important. we've seen bill cosby, it's weaponized. one person making a claim which obviously happened to dr. ford, she strongly believes that, but no one corroborates, and say at least there's a possibility after 37 years, maybe -- ed: one would expect that the fbi as a law enforcement agency would try to get to the bottom of is there corroboration or not. >> correct. ed: what about something all of us can see with our own eyes. brett kavanaugh's testimony. there is a big "new york times"

story, there are inconsistencies about his drinking. should the fbi look at whether he committed perjury to the senate? >> when i read the "new york times" article, they are taking context and trying to make tin consistent. they want to believe so intensely that something happened, that he must have passed out, et cetera. ed: so don't investigate that? >> it's okay to look at. just because the time spins it that way, i don't think it necessarily happened. ed: i mentioned the poll. 69% say this has been a national disgrace. 31% disagree. i'd like to meet the 31% who don't agree. 39% in the poll say senator feinstein should have shared what she knew earlier. you're saying she should be investigated. >> i'm saying if democrats want to say we need to get to the bottom of it, let's go to folks who may have coordinated a delay of the giving of the

letter to the fbi in two months, when it could have been investigated, confidential, she could have been remained anonymous. ed: are they going to be investigated? >> i don't think it will be. i certainly am incredibly disappointed and the american people are right to be disappointed that a process that was set up to be respectful of people's confidentiality totally abused including the leaking of the water. ed: very last question, when do we know whether he will be confirmed? end of the week? >> at the end of the week. ed: friday? >> yes. ed: we're looking forward to that. judge kavanaugh's testimony is just not the hot topic in washington. "saturday night live" decided to lampoon it with matt damon playing exaggerated parody of the nominee. >> let me tell you this. i'm going to start at an 11. i'm going to take it to about a 15 real quick! [laughter]. ed: joining me for what we expect to be a friendly debate is brad blakeman, former deputy

assistant to former president george w. bush and former chair of the political action committee. scott, start with you. it's funny when he comes out as kavanaugh, i'm starting out at 11 and going to go to 15. there's been lampooning. matt damon got in hot water for almost covering for harvey weinstein. is he somebody who should be speaking out about brett kavanaugh right now? >> "snl" thinks he should. it's comedy. it's comedy, and i think it's funny because matt damon did get close to getting caught up in harvey weinstein, so the fact that he's playing it, if it wasn't so serious, it would be funnier. i think he hit the mark in regard to judge kavanaugh. i understand he was upset and must be hard on his family, much like it's hard on dr. ford.

his question -- his answering of the democratic senator's questions over the top, and raises questions about judicial temperament. but i think the fbi getting involved this week, so long as they don't have limitation says a good thing, and america needs to get past this while addressing the issues that have been brought up in regardtotomy too movement. ed: let's get brad in here. scott went to something with the democrats, trying to make the case he was so angry. you know judge kavanaugh and worked with him in the george w. bush white house, you can weave that in. "the new york times," l.a. times, "boston globe" saying he was so angry, so unhinged he won't be an impartial umpire. but on the other hand, his supporters are saying, wait a second, if he's been unfairly and wrongly accused of rape, what's wrong with him being mad as hell? >> you would expect somebody falsely accused in the type of piling on the democrats have done, not to want to clear his name and not be angry about it. i have to disagree. "saturday night live" should be

ashamed. they're not funny to make fun of an egregious charge that ford had to go through. there is no doubt that maybe something happened to her, but certainly not by judge kavanaugh. the liberal elite politicians want people to believe that they are the champion for women's rights and causes and sexual abuse, yet the liberal establishment media lampoon it. so it is not funny. it never was funny and shouldn't be funny, and there's a hypocrisy, a double standard when it comes to liberals. it's okay whatever they do. if they don't win an election, resist it. >> give me the partisan attacks on the democratic side gratuitously by kavanaugh. and the q&a when he asked questions of amy klobuchar. >> you deserve it. you deserve it. >> please let me finish. ed: let brad jump in. >> i wasn't finished.

>> she deserves it. >> amy klobuchar was asking about -- >> feinstein leaked a confidential letter. >> she asked klobuchar had she ever passed out from drinking? had she blacked out. totally inappropriate. and klobuchar was trying to get her question answered. you asked a sitting senator when you are interviewing for a job -- >> absolutely. you bet. >> multiple reports say he's a drunk. are you kidding me? >> uncorroborated reports. >> unhinged. ed: scott, you are throwing out uncorroborated reports. there is a report in the post that a classmate said he had drunken, violent behavior. some of this is 20, 30 years ago. >> i'm talking about --. >> you are throwing it out there saying he's a drunk. >> no, i'm not. his classmate who drank with him who did an interview on another tv station, not only corroborated but several witnesses said he was an angry,

belligerent drunk when he overdrank. >> that's nonsense. he could be a great jurist -- ed: hang on, scott, i thought the fbi was going to do independent investigation. why don't we let them go forward rather than say it's being corroborated? >> are we doing it for the drinking part? that's the bridge to the alleged sexual assault. he may believe he didn't do it but may not remember doing it because of heavy drinking. >> that's nonsense. ed: brad, you made your point, you worked with him in the bush white house. what do you say about judge kavanaugh? >> i worked with him, i worked with his wife ashley. i know brett kavanaugh. one thing that irks me about democrats, being a lawyer, and you're a lawyer, too. you have the right, you have the presumption of innocence which you took away from him. every other american has it in for brett kavanaugh, you should be ashamed of yourself.

>> it does matter. >> it doesn't matter. ed: started friendly, got heat. calm everybody down. hopefully by the end of the week, we'll have an answer whether he'll be confirmed. thank you for coming in. >> thank you. ed: president trump addressing the kavanaugh investigation saying the probe could be a blessing in disguise for the judge. we'll get reaction from the white house next. >> i would expect it's going 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 very well, but the fbi i believe is doing a great job. they have been all over already. they have free reign, they're going to do whatever they have to do, they'll be doing things we never even thought of, and hopefully at the conclusion, everything will be fine. if you have psoriasis, ...

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. ed: welcome back to our special coverage ever the confirmation proceedings of supreme court nominee brett kavanaugh. at the end of the hour you're going to see "life, liberty & levin." fbi investigation into the sexual assault allegations against judge kavanaugh under way and his fate lies in the hands of the senate where confirmation could come down to a single vote. joining me chad pergram, fox

news' senior capitol producer. talk about the process, let's stay out of weeds and what people want which is the politics. there's what senate leader mitch mcconnell is trying to do to get this going, but then the reality of the fbi investigation as well? >> the reality is that it might take up to a week to get the fbi report in which means they don't start to run the clocks and the senate until next friday, next saturday. takes four days to do this. what mitch mcconnell would do first is end debate on day one. day two, the intervening day where they wait for the motion to ripen. day three you vote to break the filibuster, 51 votes and once you have voted to break a filibuster, opponents are given 30 hours, on day four, maybe day five have the confirmation vote. mitch mcconnell can't do any of this until next wednesday at earliest. we think it might drift into the weekend. >> they've got a friday deadline, one would expect the 30 hours of debate would

probably not start maybe until next weekend, potentially with a final vote on kavanaugh assuming the fbi doesn't find anything new early the following week? or do you think they can get all this done next weekend? >> it depends when they start that clock. if both democratic and republican senators think mitch mcconnell is jumping the gun, wait a minute, this blew up our agreement. keep in mind, that mitch mcconnell needs those votes. he didn't have jeff flake until they brokered this agreement. they are at 49 yeas right now, but you could go as high as 53 if they get susan collins on board, lisa murkowski. he doesn't have the votes right now, the math is paramount. ed: claire mccaskill, a democrat in a tough senate battle in missouri before dramatic testimony said i'm going to vote no. there's a poll maybe neck-and-neck dead heat with republican josh hawley. people wondering whether the kavanaugh nomnation will have an impact. and joe donnelly, late friday

doesn't interview with a local paper in indiana after this happened. he said i'm voting no on kavanaugh and said let's see what happens with the fbi. maybe opening the door yes. >> have you heidi heitkamp of north dakota and joe manchin of west virginia. look at the three democratic senators who voted for neil gorsuch, manchin, donnelly and heitkamp. start with those. ed: what about the video of sheila jackson lee, the democratic congresswoman from texas, you can see it there. she shakes hands and gives an envelope to one of the lawyers for dr. ford there. were a lot of conspiracy theories on the internet. we want to separate fact and fiction, did you digging, what happened? >> i've seen the envelopes, they were written in longhand to dr. ford. they basically said we support you, we believe you. i've not seen what they said inside, but sheila jackson lee along with other house

democratic women came over to watch the hearing. sheila jackson lee gave it to one of the counsels for ford, and beyond that we don't know what's in them. basically letters of support written in longhand given to congresswoman jackson lee. ed: asked and answered, detective chad pergram on duty. thank you. >> thank you. ed: joining me the white house spokesperson for the kavanaugh confirmation, thanks for coming in on a sunday night. right down to brass tacks, democrat dianne feinstein faced a lot of controversy, but demanding that the white house give her and the rest of the senate some idea what direction you gave the fbi on the scope? >> my understanding is there are no plans to do so. ed: you're not telling them? >> i want to talk about what this is. this is a background check. background check for a job. ed: not a criminal investigation. >> right. so these investigations are checks, clearances, whatever you want to call them, they are confidential.

supposed to be private. and so to suggest that we're going to put out there something that is supposed to be very confidential and the way senator feinstein has handled this entire process which you alluded to undermined severely the confidentiality that is integral --. >> i hear you, but on the other hand, we're living in a world of reality as you and i are talking, the "washington post" posts a story, we can't verify, it but on the record, a yale classmate, a male classmate not making sexual allegations but saw what he calls a violent, belligerent drunk in brett kavanaugh. this is raw, unverified, uncorroborate. it's got to be frustrating for and you judge kavanaugh. didn't the agreement friday open the door to a whole bunch of allegations? >> we've been clear that the white house is not going to micromanage this investigation, and also not a fishing expedition, to your point. so the investigation is currently limited to as

dictated by the senate, senator flake, collins, murkowski, the senators that asked for this investigation. the white house accommodating them and we're doing this. it's currently limited to current, credible allegations. ed: correct, that was the language. how do you define that? that's the question. >> this isn't about relitigating brett kavanaugh's drinking habits in high school. this is about current allegations dictated by the senate. they set the parameters, we're accommodating that. ed: i got an e-mail from one of our viewers during the break saying why are we going through brett kavanaugh, his alleged drinking escapades and don't hear anything about dr. ford. does the white house believe her year book in high school was scrubbed? social media was scrubbed? you see the things on the internet. what does the white house believe what's fair game with dr. ford? >> we're going to leave the investigation to the experts, the pros. we're going to trust the fbi to do their job here. ed: are you making a mistake allowing brett kavanaugh to be attacked every single day with

allegations, and no one wants to attack the victim but questions are not raised about what happened in high school? is that a mistake? >> we're leaving the fbi to do their job, accommodating the senate, and talk about what we do know. the allegations as described are, as alleged by dr. ford are completely uncorroborated. the people she describes being at the party have no recollection of being at the party and life long best friend says she doesn't know judge kavanaugh. ed: doesn't know the date and how she got home. when does this end? do you expect a vote next weekend? early the following week? what is the white house game plan right now? >> as i mentioned, we are accommodating what the senate has asked for. we're accommodating what senators flake, collins and murkowski asked for, and within the parameters that they said, they said this would be done within the week. ed: friday it should be done, and you hope a final floor vote quickly after that? >> certainly hope so. we have one of the most

qualified individuals i think before the american people to sit -- ed: last point, you're confident he'll be confirmed? >> yes. ed: all right, kerry kupec from the white house. thank you. >> sure. ed: with one usa today column suggesting he shouldn't be allowed to coach young girls. we'll talk with the son of the late justice antonin scalia about the bruising side of this personal battle. after our show, "life, liberty & levin," here's what mark has in store for all of us tonight. >> tonight on "life, liberty & levin," will there be a left-wing democrat blue wave in the next election? not if republicans run as conservatives. my guest, governor of kentucky, matt bevin who did exactly that. hi there. this is a commercial about insurance. now i know you're thinking, "i don't want to hear about insurance." cause let's be honest, nobody likes dealing with insurance, right? which is why esurance hired me, dennis quaid,

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girls. they clarified it, sort of. your family has been through, this not quite like this. what goes through your mind when you see that? >> nothing close to like this, by the way. it was stressful enough. my dad was confirmed 98-0. that was stressful, i can't imagine what his family is going through right now. that particular story was really -- it was tasteless, i thought, because last week he was a gang rapist and now the insinuation is he's a pedophile. ed: he can't be trusted with young girls. >> it's ridiculous, it's just gross. and it's also assuming that all of the allegations are true. somewhere in the article it said when you are credibly accused of sexual assault, that's debatable. has he been credibly accused? i mean, earlier guests have talked about, you know, how this hasn't been corroborated. ed: right, the president said that dr. ford gave credible testimony, but a lot of people think that judge kavanaugh gave

credible testimony as well, and it's a he said, she said. and another thing media is leaving out, they talked about it the first day, but hearing a lot more of the usa today story and less about this moment at the hearing. watch. >> the other night ashley and my daughter liza said their prayers, and little liza, all ten years old, said to ashley, we should pray for the woman. it's a lot of wisdom from a ten-year-old. we mean no ill will. ed: what a moment. and yet all we hear is he was angry. and there were angry moments, we can't leave that out. you don't hear a lot about that? >> i have heard some of that actually, and people on the left are critical of it, like his anger, crying in that situation is sign of a poor judicial temperament. i found that an astounding

claim, especially from people who, in part, don't like judge kavanaugh because he's not empathetic enough. here's a moment where they could be empathetic with him and sympathize with the enormous pain he's going through, family going through. ed: one of the few times i was with your dad, a dinner where he was giving remarks about a book. a woman stood up, it was a q and a and a come started screaming about a decision he had written. an opinion. and security ended up standing up and moving towards her because it got that angry. and he didn't really flinch, and i remember him saying hang on, let me argue it out. and he argued on the point. when you watch what's going on. people are not talking about policy, not talking about abortion, it's about character assassination? >> absolutely. they lost the argument, the democrats did, lost the argument on his qualifications

and his opinions during the first week and so they're left with the character assassination. ed: what would your father make of this? >> i think he saw a lot of this coming in the early 90s in one of his dissents and some of the speeches he delivered to, he said we shouldn't be surprised people are treating these like elections because judges are more like elected officials now than they are actual judges because they're making policy decisions that really don't belong in the hands of judges. ed: he was one of the most conservative justices ever and yet was confirmed 98-0. >> yes. ed: much different time. >> chris scalia, appreciate your remembrances today. tensions escalating as republicans and democrats trade shots over the fbi background check. insight from one of the bureau's former assistant directors. he'll tell us how the fbi probe will work. not the fiction, not the

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. >> next person that refers to an fbi report as being worth anything, obviously doesn't understand anything. fbi explicitly does not in this or any other case reach a conclusion. period. period. the reason why we cannot rely on the fbi report, you wouldn't like it if we did because it is inconclusive. ed: that, of course, is former vice president joe biden, chairman of the senate judiciary committee at the time criticizing the reliability of fbi probes in sexual misconduct cases during the '91 confirmation for supreme court clarence thomas, who at the time accused of harassment by anita hill. reaction from chris sweker,

former fbi assistant director. appreciate it, chris. >> good to be here, ed. how are you? ed: doing great. start with what joe biden said. he said his words are being twisted. he's making it very clear that at the end of the day, the fbi is going to get he said/she said. was he right then or knew think it's possible the fbi is going to get corroboration for the sexual assault allegations? >> i think uncle joe is right this time. he's right about the fact that the fbi does not render opinions or conclusions. they simply report facts, and it's important to get straight what's going on here. these are called special inquiries. they are not investigations in the traditional sense of the word. they're called special inquiries or spins to draw the distinction. they are interviews and background checks. no wiretaps, no grand jury. there's no subpoena, there's no compelled testimony. they are not full-on

investigations. ed: so, when the senate said last friday that this is going to be about current, credible allegations, the "washington post" publishes the story tonight uncorroborated, it was not current last friday. we don't know if it's credible saying a yale classmate specifically he says there was drunken violent behavior in college by judge kavanaugh, allegedly, but specifically he wants to talk to the fbi about it. will that be part of this? >> it will be part of this, and i think that's why perhaps this supplemental spin is necessary so that we don't have all these reports coming from all directions, we get it from fbi interviews, documented in fd302's, the interview summaries, not a "washington post" reporter, "new york times" reporter or any reporter at all. these are factual interviews, they're going to look for

corroboration or anything that contradicting what they're saying. that's where the checks come in. >> i said irony all around. president trump criticizing not the rank and file fbi agents but the leadership. mad at comey, mad at mccabe, now counting on the fbi to give him a good housekeeping seal of approval. there is irony there. this is a guy criticized for how he handled the clinton investigation and how he handled the trump idea. why in the world is james comey weighing in? >> no idea. he's been thoroughly discredited. early on, and i travel in circles where i talk to current and former agents. there's a huge community of retired agents and we hear from the ones still on board. and he has completely lost their support. the general consensus from this entire community is he's off the rails. that does give us a little

glimpse of his internal biases when he was the fbi director. ed: last question, one of my friends e-mailing -- i want to give you the pedestrian view. people are watching and hearing the allegations. one of my friends keeps asking me, there's been six background checks and talking about the process. how in the world, if these allegations, any of them are true, gang rape, all of these heinous things, how could it not have been found six times? would that have been a massive failure by the fbi to not uncover it? or are these just so surface in terms of the investigation that they wouldn't find it? >> they can't find things that have never been reported by anybody, any time in the last 36 years. they interview friends and associates and colleagues and any logical person going all the way back to college days, maybe not necessarily high school days, i don't think they care what's in his yearbook. none of that has come up or did come up during the six backgrounds. ed: it would be a needle in a

haystack, they can't find everything? >> no, especially the things that have never been reported to anybody. ed: and we don't know whether they are true or not. chris, we appreciate your time tonight. protesters are targeting senators on the fence. we'll talk about the bribes, threats, intimidation directed at susan collins of maine. after this show, "life, liberty & levin," here's a sneak peek.. >> tonight on "life, liberty & levin," will there be a left-wing democrat blue wave in the next election? not if republicans run as conservatives. my guest, governor of kentucky, matt bevin who did exactly that.

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. >> a fox news alert, spending a lot of time on judge brett kavanaugh. just in the last few moments, canada and the united states reached a deal that will preserve the three-country nafta trade pact. lot of people said this wouldn't happen, it will allow greater u.s. access to canada's dairy market and address canadian concerns about potential auto tariffs. negotiators were racing to meet a u.s.-imposed deadline of today, september 30th. a lot more tomorrow on the fox news channel and more on the kavanaugh nomination battle.

back to that. opponents of the nomination are targeting not only the judge and his family but also the senators lining up to be key votes in the confirmation. one of them susan collins, moderate of maine, she and staff faced intimidation, joining me is carrie severeneo. thanks for coming in. want to talk about that with susan collins, local paper in maine saying kavanaugh should be voted down. getting pressure there, and interesting from the obama administration, for some reason the former cia director john brennan skieded to weigh in. senator jeff flake is admirable man with a conscience, kavanaugh's temperament and blatant partisanship are disqualifying of a supreme court seat. someone accused the president without evidence of treason is saying there is blatant

partisanship by judge kavanaugh. will this resonate with susan collins, the idea he was so angry, he was partisan and doesn't have the temperament to be a justice? >> look, they're constantly changing the story. they saw the allegations were falling apart, we need an fbi investigation, and getting it and find something else to complain about. he behaved exactly how you expect someone who is wrongly accused of something and seeing entire life's work being dragged through the mud this way. i thought it was a totally understandable response. ed: do you fear judge kavanaugh is going to be dragged through the mud more in the next week. on one hand, the president said this could be a blessing in disguise because if the fbi finds no corroboration of dr. ford's allegations, i said if, he might be confirmed. on the other hand, who knows what's going to come out in the next week? >> look, they've got a limited in time and scope, that's exactly right. this isn't suppose to be a

government-funded fishing expedition. collins, murkowski and flake were key in coming up with this. they want to make sure the fbi looks into this thoroughly. they investigated the people involved, there is not a lot new. ed: there are reports judge kavanaugh is not going to be interviewed by the fbi because he talk to the judiciary committee. >> you can't lie to the fbi, you can't lie to the senators. i think we're going to end this in the same place we started except the senators will have extra vote of confidence, i know the fbi looked at it. ed: last question. some of the senators, susan collins, moderate, jeff flake, a moderate republican. i want to hear about joe manchin but joe donnelly was a no, and told a local newspaper let's see if the fbi doesn't find corroboration, maybe i'll be a yes. what do you see in indiana and west virginia?

>> that is a possibility. and we have heidi heitkamp. the polling there is a 30 point spread of people wanting kavanaugh confirmed yet maintain even stronger among independents and strong among women. west virginia was interesting, 58% to 28%. ed: for kavanaugh? >> for kavanaugh. that was after the hearing, higher after the hearing. that's gaz people did see in kavanaugh someone who himself was very credible. people are coming to this conclusion, you know, maybe they both are sincere, but it seems like she's mistaken when you look at the corroboration. ed: others seen it as hey, innocent until proven guilty. >> in west virginia, 20 point difference with women thinking kavanaugh should be confirmed. ed: thank you for coming in. a rough week for all involved in the bruising confirmation battle. this morning in new york city thousands came to run through the tunnel. retracing the steps of stephen siller who on 9/11 raced

through the tunnel to the towers to help so many who perished. his brothers, frank and george, many others have raised millions for the tunnel to towers foundation. focused on paying off mortgages or building new homes for gold star families and families of first responders who die in the line of duty. a played a small role in the prerace reception, when i showed off an fdny lapel pin, they raced to get me a police pin as well as cuff links. since we're fair and balanced, i accepted fdny cuff links from the fire commissioner. i wore one on each cuff in honor of the amazing men and women who come together to protect us every day, not just in new york city but all around america even in these divided times. you can find tunnel to towers online and check them out. but we want to thank you for watching. stand by now for a wonderful episode of "life, liberty &

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