>> oh my god. rob: the reporter knocking a sailor into the water and then it looks like she got in there with him, too. british news show. that is hilarious. jillian: thanks for watching. ♪ >> brett kavanaugh's nomination until the moves forward. >> a vote is set to confirm brett kavanaugh to the supreme court. >> fbi supplemental report is now complete. now it's time for senators to step up and vote. >> apparently the fbi came back and said there is nothing there. >> dianne feinstein now is attempting to conceal the fbi report that she demanded. >> what a joke. this has never been about the truth. it's been about delaying the hearing. [bleep] [shouting] >> i want to make it clear these shouting my members around at the airport will not be intimidated. >> capital police arrested former congressional staff

who allegedly doxxed a handful of senators. >> it's the resistance movement. it's the scorched earth. >> how far is this one going to fly? >> yankees slugging their way to victory in the al wild card game. ♪ rocking in the u.s.a. ♪ rocking in the u.s.a. ♪ steve: live from new york city, it is thursday, october 4th. come on, in folks. pour yourself a cup of coffee. sit a spell. we have news. ainsley: it's thursday. end of the week. steve: end of the week? ainsley: end of the week and we have so much news to talk about. he could actually get confirmed or the vote could come down on saturday. why is that? brian: cloture last night. the fbi report handed in. and now we understand the white house got it. handed it over to the senators. and now they go into the chamber to look one by one, maybe with a staff at what

the fbi came up with over the last six days. steve: last night it was dramatic mitch mcconnell on the floor of the senate filed a petition. tomorrow there will be a cloture vote. they need at least 50 votes. unclear whether or not they have that if things go in motion, they could have a vote as early as saturday night. now, brian, you mentioned that the white house has seen it and they have handed it over to the senate judiciary committee. according to the "wall street journal," they spoke to people at the white house, and here's a little snippet from an article they ran last night. the white house has found no corroboration of the allegations of sexual misconduct against supreme court nominee brett kavanaugh after examining interview reports from the fbi's latest probe into the judge's background according to people familiar with the matter. ainsley: okay. so that report now will be kept in a secure room it is a paper report. we'll don't know if it's one copy or lots of copies in a secure room no. electronic copies will be dispersed to all of the senators on the judiciary committee or all of the senators i should say. it's all to guard the

potentially sensitive information that is in this report. steve: not going to be public. brian: if you want to know who they spoke to a lot has been leaked out but just to go through it mark judge over the course two of days. lee land kaiser the old friend with ford they have not kept in touch. professional golfer who has physical problems but not mental problems characterize. ainsley: doesn't remember the party. brian: at all. unbelievable. p.j. smith been talked to timothy gaw gaudette. steve: that's a separate person. brian: debra ramirez. some democrats are upset about is they didn't talk to kavanaugh again. steve: right. brian: and they didn't talk to dr. ford again. steve: chuck grassley said yesterday if they wanted to talk to them we had them on the senate committee they could have asked anything they wanted to. ainsley: a lot of republicans think it's delay, delay, delay. raj shah says senators have been given amp times to

review the background investigation. this is the last edition to the most comprehensive review of a supreme court nominee in history, which includes extensive hearings, multiple committee interviews over 1200 questions for the record, and over half million pages of documents with the additional information the white house is fully confident the senate will vote to confirm judge kavanaugh to the supreme court. steve: you know, chuck schumer was really angry yesterday. because he wanted essentially an fbi briefing before the white house got it. and mr. mitch mcconnell said nope, sorry. can't have it because the republicans on the senate side are furious. here is lindsey graham of your home state of south carolina. he says, you know what? mr. kavanaugh is going to get in. watch. >> i have never felt more confident because i have been told a summary of a summary, the fbi background check is going to hold up. it's going to reinforce everything the committee did. if the fbi interviews

validate what the committee found, i hope these three republicans who asked for the delay will say now i'm satisfied. brett kavanaugh i have known for 20 years. i'm telling you right now what they have done to this guy is a bunch of garbage. you should be offended and it will descrow the judiciary. don't be part of this crowd, joe. go with west virginia. brian: i know senator graham. if brett kavanaugh gets, in there is no argument anywhere in anybody's living room, kitchen or tv set that graham deserves the bulk of the credit. because he has the legal background. he has a great way of communicating. and he doesn't -- he is not looked at as a right wing zealot. i would say this. the thing that you have to worry about is really not what lindsey graham thinks or what the president says. even what chuck schumer says. it's really an audience of three. and i don't put joe manchin in it joe manchin, heidi heitkamp, joe donnelly, jon tester, obviously. they are not going to do the

deciding vote for brett kavanaugh. they will be in addition to or be part of the failure. collins and murkowski indicate either way? no. did flake yesterday seem hedging? yes. now, there is nothing that changed. this is the investigation they called for. this should make the democrats on the surface as happy as those teetering republicans. steve: right. brian: i don't know how lindsey graham can sit there and say that unless he says i talked to collins, murkowski and flake. you can't say i think is he qualified. it all comes down to those three. steve: it does. for lindsey graham to say on television is he confident he is going to get it he obviously knows something. he has talked to them it all comes down to politics. in a minute, we will talk a little bit about the kavanaugh effect on the polls. the president last night sent out a tweet and he said wow, such enthusiasm and energy for brett kavanaugh. look at the energy. look at the polls. something very big is happening. he is a fine man and a great

intellect. the country is with him all the way. what we are talking about right there is a brand new fox news poll that came out last night, looked at number of battle ground states, five of them. and it looks as if the republicans in that state are more energized and they are suggesting it could be over the kavanaugh nomination. ainsley: elections are just a few weeks away. look at this board we have for you. this wall. it's 2% up. more republicans are interested in the elections. plus, 2% in arizona. plus 9% in indiana. plus 8% in missouri. plus 8% in north dakota. and plus 11% in tennessee. north dakota, that's heitkamp. she is not. steve: she is in trouble. ainsley: she is not doing so well there this is a state for president trump. clearly more interest from republicans. so the question is, will she vote to confirm kavanaugh? brian: i think the one thing is manchin feels comfortable. >> heidi heitkamp doesn't.

the one being closed down is mccaskill. mccaskill is on the record before they go on -- i'm not going to vote for him. that's great just for josh holly. the house very much in jeopardy. the senate, which nothing is locked in stone has changed over the last two weeks. what does that do in terms of pressure. do you care what chuck schumer says or are you willing to sacrifice your own political career for leadership that just cares about issues not about you? steve: right it all comes down to this: the moderate republicans that brian was talking about asked for an fbi investigation. the fbi investigation now in the hands of the senate, according to people at the white house who saw it and talked to the "wall street journal," there is nothing in there that would disqualify him. they were looking for confirmation of the allegations by dr. ford. and they looked into debbie ramirez as well. they can't find anything. so now they are in a pickle. you ask for the investigation. you got the investigation.

nothing disqualifies him. how will you vote? ainsley: well, when senator feinstein waited so long to release the letter, right before the vote. then the vote is delayed a week. because dr. ford needed a week to prepare. her attorneys did. then we go through that whole process. then jeff flake decides he wants to delay another week. republicans are angry. republicans are saying, this is the fbi report. we're just seeing this. and it looks likes there is no evidence that he actually did this when he was 17 years old at a high school party. brian: i almost hear dick durbin saying why didn't you speak to debbie ramirez recommendation of 20 people at yale how could talk. to say why didn't you speak to kavanaugh again? why didn't you speak to dr. ford again? here is what dianne feinstein says. the white house confirmation, that it will not allow the fbi to interview dr. blasey ford, judge kavanaugh, or witnesses identified biden bra ramirez raises serious concerns this is not a credibility investigation and begs the question what

other restrictions did the white house place on the fbi. ainsley: they want another fbi. they are mad now again. brian: probably don mcgahn don't gang to ford and kavanaugh. they have already been on the record. steve: it's time to vote. the democrats' game plan, ainsley to your point to delay. that's why they sprung those allegations in the letter in the 11th hour. john cornyn the great senator from texas said. ainsley: republican. steve: this is a bad joke. at her request dr. ford and judge kavanaugh were interviewed before 20 million americans. this is solely for the purposes of delay. ben shapiro has this observation. watch this. >> this is not merely a job interview right now. this is a man who has been accused of attempted rape when he was 17 years old. if this goes the wrong way, it's not just that he doesn't end up on the supreme court. he probably loses his seat on the d.c. circuit of appeals and probably never works again and family is destroyed. democrats tried to play it this way. they had the opposition before and now they are

trying to ratchet it up, obviously. brian: it is. we will see how that resonates. we know where everybody stands on the judiciary committee. we don't know if anybody on the democratic side, because they never break, will break with their doctrine. i will say this. anyone who says they know is not being candid. because i still can remember last friday when lindsey lamb and company swung around their chairs and started huddle ling and senator make tapped senator coons on the soldier i need to speak to you. there is still unscripted moment. he got yelled at in the elevator. senator flake delayed this for an entire week. who is going to be yelled at today and will they yell back like bill cassidy and like senator lindsey graham. ainsley: sending white powderly ru substance to ted cruz and harassing people with their family. harassing people with their family going down the casey later. enough is enough. we can disagree, but there is no evidence against this

guy. like ben shapiro saying it's ruining his family. and then what if it does go the wrong way for him and there is no evidence that he did this in high school. then he might be out of a job. he has has to raise his daughters. brian: what they have done is ignited a republican party fat and happy with the house, senate and the white house. enough to they are motivated. ainsley: is it going to backfire? republicans mad enough to go to the polls? brian: that's what mitch mcconnell was saying yesterday. is he getting harassed at the airport. ainsley: trying to get in his car and remember his wife it h. to defend him? steve: she did. brian: this is what he had to say. >> i want to make it clear to the people chasing my members around the hall here, or harassing them at the airports, or going to their homes we will not be intimidated by these people. there is no chance in the world they are going to scare us out of doing our duty. i don't care how many members they chase, how many people they harass here in

the halls. i want to make one thing perfectly clear. we will not be intimidated by these people. ainsley: because if they are, then those people win. steve: see, there you can see the verbal abuse he took when he was walking through reagan international airport. here is the thing about these particular confrontations with members of congress. thanks to technology, and cell phones and social media, so many people have got their phones out. that they capture these moments th the protesters start yelling. and then it goes viral. we had a guest on yesterday who say that they felt that cnn had coordinated with the protesters because they had their live cam has exactly at the elevator as jeff flake was accosted right there. and those activists were able to make their point and shortly thereafter mr. flake said, you know what? we have to take a pause and people credited that with that particular tactic. brian: all he had to say is

listen i'm sorry what you are saying is you were sexually abused that has nothing to do with what we are talking about. because, one woman was left out to dry or didn't get the attention she deserved, doesn't mean brett kavanaugh's candidacy has to go down. one thing has nothing to do with the other. his case should be done individually. i'm sensing that a lot of people. a lot of moms and dads are saying, yeah, i feel bad that dr. ford went through something. but they are also saying what if it was my son in that slot or my brother or somebody else? and they are wrongly accused. should we just go with the woman -- is every woman right and every man wrong? steve: what they see on the left is the swing vote at the u.s. supreme court. it would be a fifth conservative vote they feel or a right leaning vote. and so they are willing to do everything they can. keep in mind before the kavanaugh nomination, some people on the political left were steamed at the democrats because they had not done enough to derail

neil gorsuch. and they said, we're really let down by you guys nancy pelosi, chuck schumer, and company, because have you not done enough to protect our interests regarding the supreme court. this is the last stand for this. and so if it comes to a vote on saturday night, it's going to be close. ainsley: if there is any silver lining that can come from all of this i was at dinner with some of my girlfriend last night and we were all discussing high school parties and things we are going to teach our kids. one of my friends has a son about to go to high school and she says we have had serious conversations at the dinner table about what i expect you are not allowed to drink and not allowed to be in these situations if you ever are call me. brian: you went tout dinner i had soup and veggie burgers. we ate all crazy. ainsley: hopefully you had a veggie burger. steve: i had leftovers from yesterday's big entrees. i had some of brian's mom meatballs. ainsley: i had some of that

yesterday, too. brian: your book tastes great coming out in tupperware. wait for the little burp. steve: of the tupperware. brian: right. one comment nancy pelosi made shows you how out of control these comparisons are getting. listen. >> he talked about being in love with kim jong un and thanking kavanaugh as a great guy. upstanding this or that i guess there is a similarity that people have with the people that they respect. crazy about putin, in love with kim jong un thinks kavanaugh is a great upunderstanding personal. you know what? he doesn't even know what is he talking about. steve: okay, so you don't hear that every day. brian: let's hope. ainsley: kavanaugh is like putin and kim jong un.

steve: grassley, chairman, very prolific tweeter from the great states of iowa. he has sent out three tweets. we will go ahead and read them. i don't think we have had time graph g.p.s them feinstein and i have agreed to alternating equal access for senators to study the content from additional fbi supplement requested friday september 28th by bipartisan group of senators with specific scope of current credible allegations and it keeps going. ainsley: dr. ford and judge kavanaugh opportunity to 12e6 under oath before public committee to tell senators what they know this fbi material will be handled 2009 memorandum of understanding mou. steve: memorandum of understanding. ainsley: signed between obama white house counsel and senate judiciary chairman leahy.

brian: that latest memorialization of this loan agreement. feinstein senator and others were on the senate judiciary committee in '09 and did not object. everyone goes back on what they used to say. already got the democratic talking points and 6:18 eastern time and 3:18 out in the west coast. didn't speak to everybody. and why can't everybody see it? ainsley: sounds like based on that the report is going to be in a secure room. steve: a scif. ainsley: democrats and then republicans feinstein and i decided. steve: they will have alternating access. the access will start at 8:00. the white house says everybody will have ample opportunity to read before it's time to vote. ainsley: i wonder how long it is. steve: cloture will be tomorrow. it's whatever the fbi agents. 302 forms. what about the fbi agents glean from the interviews with those six people. and the people were -- they looked specifically at the

allegations by dr. ford. so they talked to the three people that ford said was there -- were there. and the two friends that kavanaugh named on his 1982 calendar. so, that is the scope of who they talked to. what exactly they said in the fbi report will not be, you know, broadcast to the public. however, you have got to figure some members of congress will spill some beans. brian: i'm sick of talking to you guys i want to talk to jillian. jillian: what do you want to talk about. brian: the news. jillian: we can do that we have a fox news alert. seven police officers shot, one of them killed in south carolina. serve ago warrant in a sexual assault investigation. >> i has a high powered rifle and firing at officers as we speak. >> we have an officer down at this time. suspect still firing. use precaution. jillian: the unidentified man barricading himself inside a multi-million-dollar home with children inside for

nearly two hours before being arrested. officer terrence careaway described by his chief as the bravest ever he had ever known was killed. he had just received 30 year servicemen. 40th officer shot and killed in the line of duty this year. we are getting our first look this morning at the navy vet who has admitted to sending letters to the pentagon and to the president tested positive for ricin. grinning in his mugshot can you see there. the fbi and police arresting him at his utah home. the letters included ground caster beans which contain the poison ricin. that's a look at your headlines. i will send it back to you. steve: very busy morning. brian: he had diabolical britain on his face. steve: back in washington senators getting theirs first lick -- look at the fbi report on judge kavanaugh in about 90 minutes as a witness claims she has no recollection of dr. ford's story. our next guest has known the judge for almost 40 years

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acres ains here's some quick headlines for you. federal judge blocks the deportation of 300,000 imgrantle grants overnight. there is the judge's

picture. stopping the trump administration from ending temporary protective status from immigrants for from el salvador nicaragua haiti and sudan. a daca recipient is busted at the mexican border accused of smuggling 17 tons of meth into california. finding drugs in the trunks of his car, brian in. brian: thanks, brian. the senate judiciary committee now has the fbi report on judge kavanaugh's allegations and senators will start seeing it at 8:00 a.m. today. some will have staffers with them. some won't. this after an alleged witness comes forward to the fbi claiming she has no recollection of ford's story. so, will this report ultimately clear the judge if that's what she said to the fbi? here to weigh in is julie devol. long time friend of judge kavanaugh who has known him for 40 years. but also, julie, you are familiar with leland, the friend, and with someone you call chrisy, right?

>> yes. > brian: chris scene ford. >> yes i have known of them for years. brian: you say in ford's case something might have happened. there is no proof that something with brett kavanaugh. you are horrified that someone's life could be ruined in a way like this. >> absolutely. i have known bret for 38 years since 1980. and i have a son. i have a daughter. and i just can't believe that words could ruin somebody's life. and there is no proof. it's devastating to me. brian: you know too flip side of that people should be encouraged if this happened or this should happen god forbid in the future. you need to point out too if they need someone to corroborate the story they should corroborate the story. leland is somebody who was friends with her. hasn't seen her in years. had 14 physical surgeries but was depicted by dr. ford as somebody with some type of mental or emotional illness at the hearing, right? >> right.

i think it's neck-related issues. i think she has a perfectly good memory. brian: when she came out and didn't corroborate the story. that should have been devastating to the story. >> it should be. you know, i have a daughter. i hope that she would be able to be taken seriously. but there needs to be proof. and it can't just be words. it is devastating to everybody involved. and i'm sure chrisy has something must have happened to his or her but you can't ruin someone's life unless have you proof. i want my daughter to be taken seriously if something happens to her. brian: what about gaudette and p.j. smythe. >> i know all of them. they are all corroborating brett's story they were not there they are reliable. brian: do you think breath knows who she. >> i think breath know brett knf

her he. he was not part of that event that night that she allegedly at. i don't know what kind of party. nobody really knows. it was 1982. where was it? how did she get there? one beer? the story just doesn't have any legs. brian: julie, democrats are now in many cases pointing to the fact that he really got a little sass car stick with some of the democrats who have been very critical of him. do you think he went over the line or have you seen him like that before? >> >> i mean, he has been a judge for 12 years. i think he has proven himself on the court over the years that has been a judge and i think if i were trying to -- i was accused of being a gang rapist or doing something that i didn't do, i would try to protect my family and i don't blame him for the way he reacted. i'm surprised he didn't react even stronger than he

did. that's huge accusations against somebody who didn't do something. and was accused of something. brian: must be surreal being in this international story and going back to high school and saying i know almost involved. thank you for being here. >> thanks for having me. brian: democrat keith ellison faces some serious abuse allegations so why won't the police investigate? the breaking news on this and his future at the dnc next. plus, using the court instead of legislation. what kind of impact will that have on the future of the supreme court? judge napolitano used to wear a robe. he will be out here. first, happy birthday to alicia silverstone. i don't know her. she was in clueless and here is what she sounds like in a movie. >> i don't have a license yet. i need something to learn on. oh, that came out of nowhere.

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dissending view. i was disappointed they didn't interview judge kavanaugh and dr. ford and a few more people. now, the people that don't want judge kavanaugh confirmed, whether they don't want him confirmed because of a per session that he is ideologically against them or because they really believe the allegations against him now have more ammunition and more doubt to say why was the fbi held back? was the fbi used as a political instrument yet again? why weren't they just allowed to interview whoever they wanted, including the two principles, judge kavanaugh and dr. ford? those eelingszs are goin allegag to stick. ainsley: they might have watched the hearings and said we were going to ask those exact questions. there is no more that we need. >> judge: you may well be right. it's awkward to criticize a report i haven't seen and probably will never see.

somebody is going to leak something. brian: bloomberg told them the white house told them not to. >> if bloomberg's report something correct and if senator feinstein's request for the memo from don mcgahn the white house legal counsel to the fbi setting forth the parameters of the last inquiry will not be made public these are legitimate criticisms. i also want to noted how difficult this is because i keep hearing this from friends in d.c. for the court itself, which now is viewed in the minds of so many americans as just another political institution. you haven't heard a peep from any of the 8, but i know some of them and i have heard from some of them. not directly but through others, they are just not happy at the way the court itself as an institution has come off. brian: judge, tell me if this is right. they weren't happy in 2000 when they decided bush vs. gore. they will not hear when john roberts preserved obamacare.

>> these things have a way of dissipating. right now john roberts is a very unhappy chief justice he was welcom was ready to welce brett kavanaugh whom he knows because he works there with open arms. not happy with the perception of the system. harsh live critical treating the court as a political institution. does the court exist to do the people's sphwhil absolutely not. that's what congress and the president exists for. the court exists to interpret the constitution and preserve human liberty. ainsley: what happens next? now the senators will read this report? will there be a vote on saturday and is there anything the democrats can do to stop it. >> i don't think there is anything professionally the democrats can do to stop it unless they have the votes. we were talking during the break, and some of them may not make up their minds until the last minute. but knowing mitch mcconnell, i don't think he is going to bring this to the floor on a saturday evening or a sunday morning, whenever it's going to be now without having a

pretty good idea of how many votes he has. steve: judge, you were talking a minute ago about how blasey ford's attorneys were saying this is not a legitimate decision because they didn't talk to the to two principles, the fbi. but at the same time, how many times have we heard the democrats say this is a job interview for a lifetime tenured job why didn't mix of the senate judiciary committee ask the questions for themselves? if you had a question for those people why didn't you ask them when you had a chance. >> i thought the procedure was awful. steve: it was still their opportunity to ask the questions. >> of the five minute series of questions by this prosecutor, who sounded like she was taking a deposition in a civil case. brian: she never adjusted. >> she never did. it wasn't until senator graham who must have thought in his own mind, enough is enough. i'm going to ask these questions. brian: an elm bow living

room. ainsley: everyone is criticizing her. one question she asked about the polygraph test and dr. ford's ex-boyfriend comes out and says she answered that prosecutor's question. she secretary of defense i have never discussed a polygraph unless it's been with my attorneys. he said huh-uh, that's not true. she help prep her best friend for a pole goff. >> you know, how deep into the weeds are you going to go? are you going to talk to everybody that brett kavanaugh ever went drinking with when he was 17 years old or everybody that dr. ford ever talked to? give the fbi credit for knowing when to stop when they made that decision based on the answers that they got. if they made that decision on the instructions they got from the white house, then this is not a legitimate investigation. brian: 650 law professors signed that letter saying the senate should not confirm brett kavanaugh. liberal attorney alan dershowitz said did i not sign that letter. and i'm outraged that someone wrote it. >> they have asked him not to come back to harvard law school to teach there. brian: he can't go to

barbecues on martha's vineyard and now can't go back. >> i'm not talking about dershowitz i'm talking about judge kavanaugh. they don't want judge kavanaugh back there which is absurd. steve: before did you go, tell us what's going to happen in this scif, the security area starting at 8:00 when the senators go in and read this thing? >> you go in there and you read it and you can't a mobile enterprise with you and any writing material. brian: right at comprehension portion of the sat. >> previous reports on him were distributed to everybody in the senate judiciary committee. this is the only one being kept in a safe. steve: should it be public. >> yes, yes, it should. brian: you are very disappointed with 24 this whole process. 50% of everythings that that happened you disagree with. >> three people can keep a secret if two of them are dead. somebody is going to look at this stuff and reveal what's in there an if it furthers their view of him. this was in there.

they didn't tell you about it. ainsley: i remember that riddle. >> what riddle? ainsley: about keeping a secret. >> ben franklin line. brian: ben franklin very bright. >> wandering the halls of capitol hill to see if he will talk to me and then brett kavanaugh's "special report" at night. ainsley: did you hear that hecklers? he is going to be in d.c. be careful. >> i will need a body guard. peter doocy will be my body guard. steve: he dual that jillian joins us right now with some news. jillian: that's right. good morning. good morning to you at home. democratic congressman keith ellison may step down as deputy dnc chair to focus on his race for minnesota attorney general. >> i will put it like this though, i will be 110% for minnesota all the time every time without fail and so

that is something we are beginning to evaluate right now. jillian: coming hours after minneapolis police announced they won't look into domestic allegations from ex-girlfriend karen monahan. we will speak to her lawyer next hour as we see the cases is referred to another agency. killing a child talking about having more kids. casey anthony. now a source tells people magazine for a long time she was like no way but a time has changed that and she is now open to it in a way she hasn't been before. talking about having kids. source says anthony doesn't care what other people think. a college is taking the same boys will be boys to new extremes. it's the name of a new pop-up class at green mountain college in vermont. the two week course will look at sexual assault and misconduct claims with a focus on supreme court nominee brett kavanaugh. the course will also look at allegations against president bill clinton and supreme court justice

clarence toms a look at your head lines, send it back to you. steve: a whole new course. brian: a lot of interesting stories, jillian. thank you. steve: indeed. what does the day hold for us? janice has got one friend outside. janice: okay. one friend saul you need. what else your name. >> sandra silver. janice: where are you from. >> jacksonville, florida. janice: why are you here in new york. >> my mother's 73rd birthday trip. janice: where is she? >> she is asleep. we will bring her out. look at freddy the frog caster. >> get janice to sign it. janice: i will sign this book. here are the current temperatures 61 in new york. beautiful day in new york. we do have that cold front. look at that cold front. you can see where have you colder than average air. 38 right now in minneapolis. 29 in rapid city. yes that is snow on the rashed that dividing line between the warm air and cold air could bring the potential for severe storms and very heavy rain across the central u.s.

thostlesz are the big weather stories we are looking at. wave to your mom still sleeping. and can you bring her out later on. >> i can. can i say good morning to my husband harlan? >> yes. >> thank you president trump and stay strong kavanaugh. janice: right on. oh my gosh, amazing. back inside. steve: it's only mike night on "fox & friends." ainsley: it is night still dark. thank you, she is cute. steve: a month away from the midterm elections new poll shows the democrats' blue wave is losing the wave. which democrats are in the most trouble? we have some answers coming up. ainsley: remember when some personal information of republican senators was posted online during the hearing? we found out who was behind that. brian: good. ♪ we're not going to take it anymore ♪ ♪ there goes our first big order. ♪

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jillian: good morning to you. welcome back. time for quick headlines now. amazon is being praised after raising minimum wage to $15 an hour for all >> emily: employees. we are learning there is aca. workers will no longer get stock in the company or receive monthly bonuses. so, for some people, that actually means making less. and 50 million facebook users could cash in on 15 each. file lawsuit and prove the hack caused them some sort

of stress. so, there you have it. send it back to you. ainsley: thank you, jillian. capital police arrest a former democratic staff there is his picture for allegedly posting personal information of republican senators online. steve: so-called doxing targeting members of the judiciary committee all republicans. brian: rob schmitt in the newsroom how that staff got caught and who they targeted. hi, rob. rob: dirty politics. democratic intern charged with doxing republican senators during the kavanaugh hearing. doxing is researching somebody's personal information and publishing it object internet with malicious intent. capital police say jason jackson cosco posted home addresses and personal phone numbers for senators lindsey graham, orrin hatch and mike lee on wick peed i can't. all three of these men on the senate judiciary

committee and twitter bot that tracks changes need wikipedia pages from capitol hill tweeted out the information before its account was sus spended, before the bot was suspended. cosco inturned for sheila jackson lee and previously worked in some capacity for senator dianne feinstein. sara carter on hannity calling this example of leftist extremism. >> it's outrageous and showing you how far the left has gone. how dangerous is this. >> very. >> people can show up at their homes. we don't know what dangerous people are out there. i think the american people are starting to see right now how terrible and how dangerous this has become. basically to the fund mentions of our constitution and to our own life and safety and liberty. so. >> jackson cosco facing a slew of charges. he has since been fired by sheila laction lee's office. he spent the night in jail, ad according to politico. capital police also looking

for whoever was involved in two other cases of doxing it sun clear if cosco was connected to that. we have to wait and see guys. send it back to you. steve: he does face a slew of charges. rob, thank you very much. ainsley: you have to look at this level of where we are going as a society it's getting dangerous. when you release someone's personal information, their address, people who have children, that's too much. steve: given what happened during the baseball. ainsley: to scalise, exactly. brian: 10 minutes before the hour. a month away before the mid terms. blue wave losing momentum. which democrats are in the most trouble on the senate side. that story is next ♪ ♪

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steve: with just about a month to the mid terms, brand new polls showing tight race for democrats 2016. polster and strategist chris joins us from oklahoma city. good morning to you. >> good morning. steve: what about this kavanaugh effect, the so-called bret bounce? it seems to be helping a number of republicans who want to be senators. >> it is. and also, it's hurting democrats. and what it is is putting

them in on sis, red state democrats represent states like claire mccaskill and heidi heitkamp and joe donnelly in indiana. three incumbents according to fox polls are 43, 43, and 41 leadershipfully. when you have incumbent that far under 50%. puts them in a really difficult position to put be able to written re-election. they have to exceed that threshold in a two man race like that. what you are see something democrats have had a sustained enenthusiasm gap. they have angry about the president. that's typical in a midterm, first term president election. this kavanaugh effect has energized republicans in a level that i have seen since last thursday night's polling in the races that i am involved in like nothing i have seen this entire cycle. steve: go ahead and take a look at some of the polls we will go through them real fast in knot dakota. heidi heitkamp is going to lose. the republican sum by 12. >> she is in a tough spot.

steve: she is. marsha blackburn helped by president trump she suspect a bit. in indiana it is pretty much a tie. >> have you that incumbent at 43%. puts him in a really difficult place. steve: also, in the state of missouri, it's a dead heat according to the very latest fox news poll. but, i saw this morning on axios that a pack that is supporting josh hawley has an internal poll where josh hawley is up by 8. red state democrats in the senate are in a pickle about how they will vote on kavanaugh. >> they really are take mccaskill. she already announce she'd is voting against him. have you seen her start to collapse since that you mentioned the missouri rising survey. club for growth survey out thereof that had holly up 7. mccaskill and heitkamp most challenging. donnelly and testner montana in difficult positions as well.

steve: maybe the brett bounce is real. thank you for joining us today. >> you bet. thank you. steve: back to the biggest story of the day. senators are about an hour away from revealing the fbi viei kavanaugh report. we're live in washington coming up. new nyquil severe with vicks vapocool. the vaporizing, nightime coughing, aching, stuffy head, best sleep with a cold, medicine. it was always our singular focus, a distinct determination. to do whatever it takes, use every possible resource. to fight cancer. and never lose sight of the patients we're fighting for. our cancer treatment specialists share the same vision. experts from all over the world,

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there's a therabreath for you. therabreath fresh breath oral rinse instantly fights all types of bad breath and works for 24 hours. so you can... breathe easy. there's therabreath at walmart. brian: here we go right to a fox news alert. in one hour the senate will get their first look into the fbi investigation into supreme court in some knee brett kavanaugh. ainsley: comes amid a new bombshell report that the white house and fbi found no corroboration of sexual misconduct allegations. steve: griff jenkins is live in our nation's capital with the breaking news. this gets the ball rolling, doesn't it. >> it gets the ball rolling, guys, good morning and buckle up. it's going to be quite historic day. senate junio judiciary chairman tweeting this supplemental background file for judge kavanaugh has been received for ranking member feinstein and i agreed to alternating

equal access to senators to study content from additional background info gathered by nonpartisan fbi agents. also earlier this morning raj shaw tweeting out this statement saying the white house has received the fbi's supplemental background investigation into judge kavanaugh. it is being transmitted to the senate. the white house is fully confident the senate will confirm judge kavanaugh to the supreme court. now, the "wall street journal" is reporting this morning that the white house has found, quote: no corroboration of sexual misconduct. we have not got than information. the info comes as senate majority leader mitch mcconnell filed closer 10:00 setting up a vote for confirmation that could come as early as saturday. all eyes, guys on collins, murkowski and flake. one red state democrat who is at the center of all of this, joe manchin says he is keeping an open mind. >> i'm just looking for some clarity. i can't judge on anything i'm looking at him as a father, as a person in the community. how he interacts with his

community. i'm looking at everything. i'm trying to put the human side to it. >> a part of all of this finally dr. ford's attorneys released a statement yesterday saying they were profoundly disappointed the fbi did not interview their client. we will find out in a town of leaks. you are not supposed to know what's in this report. my guess is by around lunchtime why will all have a good idea of its contents. steve: come on, griff, if they start reading it at 8:00, we will know by 8:30 some of the stuff. >> you would think. they will alternate between democrats and republicans. and we are not sure exactly how much time it will take at the will be at the scif. sensitive compartmented information area. there will be a lot of measures taken to ensure secrecy. if senator cory booker is any indication who is willing to risk his career and spartacus moment to give this to the american people. my sense is some members are going to try to get as much as they can as fast as they can. ainsley: they are not allowed with their cell

phone. steve: can't make reports. ainsley: one report. democrat will go in and read it and republican will go in and read it and do it one at a time. you are not allowed to take the report out it will be hearsay. brian: you can't do a sandy berger and put it down your shorts. >> if there is only one copy that will be hard to sneak out. you are right, ainsley, it is standard scif rules which means you cannot have any kind of recording device. no phones. you can't make notes. you can't bring in pencil and paper. can you only go in and read it for the allotted amount of time. as chairman grassley says, everyone will get a chance of equal time to review it and make their judgments on what they. ainsley: do all the senators read it or is it just senate judiciary committee? steve: it could be their staff. >> it will begin with the mibsz of the judiciary committee. and then ultimately all 100 senators will have an opportunity to see it by the end of this process before weekend vote. steve: all right. griff, thank you very much. brian: they're not going to get through it no way 100 senators are going to take

their time reading this huge fbi router in one day. steve: do you think they read the stuff to start with? they will be briefed by -- they will have the briefing, senate judiciary committee at 10:00 this morning. they will give them highlights. this is the part you need to know about. according to the white house, which got the first look at it, there is nothing there. meanwhile, senator lindsey graham, who has been a big kavanaugh supporter says it's going to be a green light for brett. >> i have never felt more confident because i have been told a summary of a summary the fbi background collect is going to hold up. it's going to reinforce everything the committee did. if the fbi interviews validate what the committee found, i hope these three republicans who asked for the delay will say now i'm satisfied and we will gets this good man on a court. joe manchin is a friend. brett kavanaugh i have known for 20 years. i'm telling you right now what they have done to this guy, joe intawnches of garbage and you should be offended and it will destroy the judiciary.

don't be part of this crowd, joe. go with west virginia. brian: yeah. he has to say to himself even though he does have a lead in the race. if he doesn't vote the way west virginia. the polls show they want him to. does that lead evaporate and is it worth it judging by the thousands of pages he has already given. the 30-plus hours he has already given and by who the fbi talked to? and they are mark judge, the former top friend of brett kavanaugh. ainsley: the alleged witness too in the room. brian: over the course two of days. p.j. smythe, chris garrett famous scwee. debra ramirez. they didn't get nittany lion corroborated or dispute her story. she is going to have a story out there that we know, according to the new yorker article that says she drank a lot, had to take some time to remember but she is going to say that brett kavanaugh did x, y, z, all not good.

i don't know what the push back is on her. ainsley: she said that he exposed himself when they were in college together. chris garrett is the one that was on the calendar allegedly at the party. tim gaudette it happens at his house. they interviewed those three individuals plus the three that were there allegedly as well. the p.j. smythe, lee land kaiser and mark judge. brian: do you know who was not there? swetnick? ainsley: michael avenattiy's client. brian: show time the circus. strangely, and i think if you saw her interview you understand why. democrats isn't say why didn't you intree interview her yet. i haven't heard that. steve: think about it, the reason they took the one week pause to go ahead and conduct these interviews was because of the nature of the serious allegations made by dr. ford. so, you know, she listed the people. and the fbi talked to those people. and they looked at the calendar. and they talked to the people who were mentioned in

the calendar. and so that is the very narrow scope of hot fbi talked. to say apparently they thought if we go down on tangents, where is that going to somebody in because, according to what the white house has said, there is no smoking gun there. that's going to be the problem for these moderate republican house said okay, we want to have the investigation. we have it now. there is nothing there. brian: what do you mean by problem though? like this is what -- you would think this is what they wanted. steve: exactly. but perhaps they were thinking maybe they will uncover something and maybe it will give me an easy out. if there is nothing on the paper that would disqualify him now how are they going to vote? ainsley: polls are showing that democrats are supporting dr. ford. republicans are supporting judge kavanaugh. surprise, surprise. but, the president is saying there is so much enthusiasm, this is going to backfire, republicans are furious, more republicans are going to go to the polls because of this. the president said this last night. wow, such enthusiasm and energy for judge brett

kavanaugh. look at the energy and polls, something very big is happening. is i a fine man and great intellect. the country is whim all the way. steve: we were talking to chris wilson polster from oklahoma city. he was talking about -- he does all sorts of polling for senate candidates and congressional candidates. they do polling every night. they are the starting to see the cawfn effect. it is really energizing the republican base. and at the same time, is there was an npr poll that came out yesterday, talking about democratic enthusiasm. it is essentially disappeared. in july it was 10 points. now it is 2. so, is the kavanaugh effect real? and is it going to impact people in the battle ground states? there is a brand new fox news poll out and take a look. ainsley: more republicans are interested in these states. these are the states that are very important come mid terms. in arizona, you have plus 2% more republicans interested now in the election. brian: needs thatting.

ainsley: indiana plus 9%. missouri plus 8%. north dakota plus 8%. tennessee plus 11%. brian: these are the states in which have you blue senators in red states. and in some of those states, we have watched that lead just disappear. especially missouri. where senator mccaskill took the mystery out. saying i'm not voting for him. i don't like his judicial record. steve: policy. brian: i don't like who is he as a judge. people of missouri understands she is not involved in the controversy. everyone is like wow it's time for women to stand up in the me too movement and that's fine. a lot of these women have these things people call sons and people look around and go wait a second, what if my son-in-law, what if my brother, what if my dad, what if someone i'm related to was wrongly accused? why want a fresh set of eyes or predetermined sense that women for the longest time have been held down. if it's my son or uncle i would want them toe have a fair say. people are looking more of a

sober eye and less emotional at it now and saying we need to take a step back and say how would i act if i was wrongly accused? and when you saw the judge come out and act the way he acted. i have think he acted like a guy who said what happened to my life in 30 years reputation? it's based off a 12th grade accusation and that's not okay. steve: well, and the accusation is serious. that's why out fbi looked into it. we don't know whether or not it really happened based on the fbi interviewed a bunch of people. they could not find anybody to crorktsd the story that doesn't mean it didn't happen. it just means they could not find somebody to say i remember it i remember that night and this is what happened. brian: chris wray the fbi director says i took notes of the entire process. including the instructions i got at the white house. as far as how far to go and how far not to go and who to talk. to say is he desperate to keep the fbi out of politics that's what's happened over the last two years that will be a little where this story goes. ainsley: it is nice we were

able to observe those hearings for hours answering questions. because now we can make um our own minds based on what they said. it's not hearsay. it's not we heard from one senator this is what she said behind closed doors or that he said behind closed doors. now we can all make up our own minds. steve: as the president said after the hearing she was a credible witness. but he also believed brett kavanaugh. where does it go from here? there could be a vote saturday night. ainsley: let's hand it over to jillian who has more headlines for us. hey, jillian. jillian: good thursday morning. we are following a bunch of stories including this fox news alert. seven police officers shot. one of them killed in south carolina. serving a warrants in a sexual assault investigation. the law enforcement community is asking for prayers. >> we lost a good friend of mine. every human being who knows the lord jesus christ to pray for these officers. jillian: the unidentified man barricading himself muscle at this-million-dollar home with two children inside for

hours before being arrested. careaway killed. described as the bravest officer ever known. care away is the 40th officers shot and killed this year: urgent manhunt for a possible serial killer chicago. the masked man shot and killed two people at point blank range blocks away from each other. first victim 73-year-old man walking his dog. another shot and killed just one day later. officers say out shootings appear to be random. just moments ago first laid melania trump landing in that lally second stop or africa trip. this is the first lady's first solo trip overseas. she will visit four african communities in total.

a sheriff's deputy goes the extra mile when called to help a an elderly woman stuck on the side of the road when electric wheelchair broke a while from home. he pushed her. he offered her a ride but the chair didn't fit in the patrol car. as you can see right there he pushed her along. isn't that great? jillian: that's sweet. steve: beyond the call of duty. ainsley: isn't that sweet, brian? brian: it certain solid. i was looking at my breaking news. jillian: i knew you were. 13 minutes after the hour. remind me to get back at ainsley at some point today. moments ago the fbi sources says no corroboration of the allegations against judge kavanaugh. congresswoman liz cheney has known him for years. says if he does not get confirmed, due process could be at risk overall. she will join us next. steve: plus, terrifying moments caught on camera, a driver runs. ainsley: whoa. steve: runs into a crowd outside a bar.

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all the tools you need for every step of the way. make it, squarespace ♪ brian: here we go. senators set to get their first moment any moment at the fbi's report on judge brett kavanaugh this morning took a week in the making. the white house saying quote: they are fully

confident judge kavanaugh will be confirmed. if he doesn't get confirmed our next guest says our nation's due process is at risk? congresswoman liz cheney you know her well fox news contributor she has known the family since the bush administration and joins us right now. what do you mean due process is at stake? bigger than just him? >> oh, four sure. brian, it's a situation i don't think i have ever seen anything, frankly, when you look at what the senate democrats are doing, as evil as disgraceful as cold hearted and, you know, all the years that i have been watching politics in this town. i think what they have done is clearly try to unleash a whole bunch of false charges to destroy judge kavanaugh. he is a good man. this is a good family. he ought to be on the supreme court. and i certainly am hearing from women and in particular moms, all across this country who are saying wait a second, you know, charges like this can be brought with absolutely no corroboration. and you watch how senator feinstein and the committee democrats have handled this.

it is an absolutely abhorrent. they have tried to weaponize false charges of sexual assault. i think they all ought to be ashamed of themselves. i'm certainly hopeful he will be confirmed. brian: i know how you would vote. we don't know how susan collins or senator murkowski will vote. as a woman is there extra special pressure to take an extra look at dr. ford's claims because of things that have maybe happened in previous generations? >> look, i think that all of us as elected officials and probably particularly as women who are elected officials, we have an obligation to the constitution. and we have an obligation to make sure that we are in a situation you know as a woman. i never want to be in a situation where somebody is saying to me, you know what? you need some extra help. your word can't stand up to scrutiny. and i think that it would be a real miscarriage of justice and i think if you look frankly at the female senators on the senate judiciary committee, they have abrogated their

constitutional obligation. the senate has obligation to advise and consent. all of us have to defend the constitution. when you see the kind of absolute circus. you have have got women in the senate. democrats saying that they are helping to stand up for victims. and then you watch what they did. you look at how dianne feinstein handled this claim, it could have been handled confidentially, that would not have created the media circus they need to attempt to destroy judge kavanaugh. it is evil. and i think that we ought to all make sure we stand up and say we are not going to be part of this. we are are going to put a stop to it and make sure there is due process. we are not going to allow these false claims to destroy a man's life. brian: and if senator murkowski and collins feel that way as well as senator flake he will be confirmed. >> exactly. brian: we just don't know right now. >> that's right. congresswoman liz cheney thank you thank you very much. >> thank you. brian: will democrats keep going after judge kavanaugh? they are giving keith ellison a pass by the way. the attorney for his accuser

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dramatic hours of the kavanaugh hearing. were there any that weren't dramatic, topping msnbc and cnn combined. we put that in bold. if you only up a major newspaper today chances are you will see an ad with the numbers. fox beat out all broadcast coverage. that is not bad. i don't mind bragging once in a while. steve: we have a whole lot of viewers. thank you very much. ainsley: thanks, brian. as democrats rally around dr. christine ford they continue to push monahan aside. steve: monahan is accusing dnc deputy chairman and keith ellison of physical and emotional abuse. els, whellison who is running fr attorney general denies the claim. ainsley: now the minneapolis police department is reservationth case to another jurisdiction to avoid a conflict of interest. here with more is karen hun man's attorney andrew parker. we learned the fbi does not want to investigate. this it's not their

jurisdiction. the local jurisdiction does not want to investigate. can you explain and will there be an investigation? >> thank you for having me. whether there be a an investigation or not will be determined by others. cancer welcomes any investigation. she has cooperated with every investigation. and she will continue to cooperate with every investigation. for her, this is about two things. it's about her personal healing from a very damaging and victimizing relationship that she had for a number of years with keith ellison. both emotional as well as physical abuse resulting out of the relationship. steve: right. >> the second reasonable that she has raised this is because she wants to shine a light that women can come out of the shadows behind that closed door who have

been in abusive relationships. and she wants to help that voice be heard. steve: well plrntion ellison has denied she's allegations that your client has made. i know the dnc hired an attorney there in the state of minnesota which he represents. turned out to be a state democratic party lawyer, i think worked with the party. they have looked into the case and said that the claims were unsubstantiated. >> let me speak to that first. actually, the dnc did not hire the lawyer. the dnc kicked this matter, even though mr. ellison is the deputy chair of the national democratic committee, they kicked the matter to the state state democratic party. the state democratic party decided to hire their own lawyer to investigate their nominee for attorney general in the state of minnesota.

it's a very reputable law firm. i know them very well. very good lawyers. they represent the state democratic party. and after going through an investigation the investigator did find that it was unsubstantiated but if you read the investigative report. there is substantial corroborative evidence. even the investigator stated that ms. monahan not only testified credibly but the witnesses that she identified corroborated her story and they testified credibly, as well as documentary evidence that supports ms. monahan's story. ainsley: we heard a lot of evidence after kavanaugh harleys. in this case we want to see the evidence. what about the video that she claims she has? >> as it relates to the evidence, she identified four witnesses, all of whom were interviewed, all of

whom were very credible according to the investigator and who, when they heard the story, shortly after the physical attack by mr. ellison on ms. monahan, found her relaying of that story very credible to each and every one of them. in addition, text messages regarding the attack were sent from ms. monahan a year and a half before this ever became public were sent by ms. monahan to mr. ellison. he did not respond saying what are you talking about? that never happened. steve: right. >> why are you raising this? no responds like that. steve: andrew, is your client a victim of politics? >> well, she doesn't get into that. again, her issues are not about -- listen, she is a community organizer. she was a well stone fellow. she is an award-winning grass roots organizer her entire liar ha life has been to

support the democrat party. this is not about politics or to burn down anybody's house or reputation. this is about giving voice to her experience and giving voice to women around the country who are suffering from abuse and who may not have a video. and she does not want to have to come out with a video further victimizing herself and casting aside all these women who say well, if i don't have a video. it's going to be unsubstantiated. it shouldn't be, yes, there is a standard. you have to have corroborative evidence. she has more than enough, more than i have seen in virtually any other cases. but, yet, the democrat lawyer determined in the investigator that this was unsubstantiated. steve: right. andrew parker, we have heard so much about the case. thank you for joining us to tell us your side of the story. ainsley: thank you, andrew. we are seeing more and more instances of people

recording police officers on their cell phones. now there is an app. for that do you think that is a good idea? steve: not just democrats. hollywood elites like alyssa millomilano is protesting judge kavanaugh. famous friends. shouldn't have you flown into the studio ♪ membershi manipulate my decisn ♪ baby there's nothing holding me back [stomach gurgles] ♪when you have nausea, heartburn, indigestion, upset stomach, diarrhea... girl, pepto ultra coating will treat your stomach right. nausea, heartburn, indigestion, upset stomach, diarrhea.♪ try new pepto with ultra coating.

steve: fox news alert. in less than 30 minutes senators will get first look into the supplemental investigation into nominee judge brett kavanaugh. ainsley: moments ago the white house confirming fbi found no misconduct of the allegations. brian: chuck grassley tweeting out a novel but here is excerpt. i have agreed to alternating equal access for senators to study the additional content frm

additional background info gathered by nonpartisan fbi agents. steve: the senate will vote to confirm judge kavanaugh to the supreme court. a vote could come as early as saturday night. some of the other points, remember, apparently the white house did ask the fbi to look into the allegations of four people. they wound up, we understand, doing comprehensive interviews with nine people in total. we don't know exactly who they are. they also received a sworn statement from a 10th person. ainsley: they also decided not to do a deep dive into brett kavanaugh's alleged drinking in high school because they said the senate did not request that. brian: let's bring in dean cain now. i'm sure you know on another note there are hollywood celebrities lena dunham is one: they are going to protest outside. > i don't know if that will affect the decision at all. >> i'm thinking it will not effect the decision. why didn't they call me? brian: i have no idea. >> i don't get it.

same sort of thing that happened in the elections. nobody. brian: there is melissa milano. >> i couldn't watch the hearings without seeing her there the entire time. i understand they want to protest. what are they protesting? it's anti-trump. that's really all it comes down to. ainsley: why do you think that? >> because most of hollywood is anti-trump. even all of this going on isn't anti-kavanaugh, it's anti-trump. they are doing it because they don't want the president to have his nominee in there if he if he nominated merrick garland. they would be going through the same thing. it's kavanaugh. i think it's a delay tactic. the whole things is a delay tactic. it's awful. it stops good people -- you think about it who wants to go in there and go through that process and have everything in your life overturned and have a spurless accusation come up that you can't refute. brian: is he your age? >> are you saying i'm old? steve: you could be on the supreme court. >> i can't defend my high school yearbook. i don't think so.

i have no idea what's in that. ainsley: what about your son? you have a son. what do you tell him this open dialogue? >> i tell him about the things you could do and mistakes you could make as a young man that could haunt you forever now. it's different now because of all of the stuff on social media and all those things. can you go back and check his twitter. you can't check judge kavanaugh's twitter from when he was in high school because it didn't exist. it's that sort of a thing. all that stuff out there now. you have to be careful. i tell him that all the time. terrifying time for anybody that you think anything you have done could be an accusation that you can't refute. and it sticks in the court of public opinion. steve: a week ago before they got the supplemental ball going, every democrat had already come out and said i'm going to vote against him based on policy or whatever. >> it wasn't based on policy. steve: ultimately, that's a lot like hollywood. they already made up their mind regarding him based on politics? >> based on just the fact that he is trump. that's it. they are anti-trump. this fbi report that's going to come out and that they are going to go in there and

read one by one will change no one's mind. i will quote joe biden the fbi does not reach conclusions and they are not going to reach conclusions. they are going to ask for more investigations. they're not going to get it, he filed cloture last night. they have a vote and he will get confirmed or not. a lot of this will hopefully be forgotten. it's really a circus, this whole process has become a circus. steve: who does this energize? because we were talking to a polster earlier who said the so-called bre brett bounce is real. it's energizing republican voters. >> the idea it's going to be a whetheblue wave but possibly . the democrats' behavior has been so bad during this confirmation hearing perhaps it will energize republicans. brian: look at what happened over those hours of testimony and say he came out partisan because something hillary clinton was behind. and he came out very angry because of the sarcastic retorts to these democrats who have been targeting him behind his back or in front

of the camera. did he make a mistake with those two things? >> no matter what he did, he was going to get vilified. it didn't matter. he stayed stoic, it would be no emotion. he was a robot. doomed if you do or don't. he was in trouble either way. they chose for him to have a big vociferous defense. okay is he too emotional and doesn't have the right temperament. even though he has been on the court for 12 years already. ainsley: gulch didn't experience this because he is not the swing vote. many are worried about roe v. wade and how clausen vote on that and overturn it that brings us to your movie. >> gosnell. ainsley: we have a clip. let's watch that and talk about it? >> excellent. >> looking for anything that looks like drugs or paraphernalia. philadelphia police department we have a search warrant. >> what is that smell? man, have you got to see this. >> is this normal? >> no, i have never been in an abortion clinic before.

>> that is in the city of philly it made headlines a couple years ago. i heard one of the ads for that that man is accused of being one of the biggest serial killers in american history. >> i asked showing the clip did you remember hearing this? she said i don't really. ainsley: who what year was it? >> 2012. nobody covered it it's abortion. it's a bad word. people don't want to get in there and talk about it. ainsley: tough subject to cover. >> obviously it has a lot varying what's going on now possibly with the supreme court. this guy was doing late term abortions after 24 weeks. killing live babies. we don't show all that in the film. the film isn't gruesome or anything like that. there is he there. he is in jail for three counts of murder and one for involuntary manslaughter. the guy was a monster of sorts. but he doesn't come off like a monster. he would be the nicest guy. brian, so nice to see you. ainsley, pleasure. might touch your knee and try to charm you.

brian: watch video of him. >> yeah. ainsley: late term six months. >> he was having them born at 24 weeks, 26 weeks, you have a 90% chance of that fetus surviving he was actually inducing labor and killing live children. awful. steve: that's why the ad i mentioned referred to him as the largest serial killer or mass murderer in history. but, you know, abortion is legal in the country but he was not operating legally. >> no. he was doing it after 24 weeks in the state of pennsylvania and that's six months. he was inducing the labor. instead of doing the painstaking work that they normally do for that procedure, he would induce labor, have a live baby. ainsley: mom decided after six month didn't want a baby. some women can't have children and take them in a heart beat. >> that's the tough thing. it's taught that maybe he did three or four of those a day. ainsley: wow. >> it didn't get covered. people didn't want to pay attention to it i hope people go out and watch the movie. it's controversial. we had a hard time getting it out there. brian: it hits theaters

nationwide october 12th. visit gosnell movie.com. dean great job. >> check out new york city council mcomicon. steve: will you be wearing the outfit? >> i will not. steve: people would pay extra. ainsley: they really would. brian: big show still ahead. jonathan turley will be here. had him weigh in on unprecedented procedure. dana loesch, judge jeanine? how is she still working just on the five a moment ago and senator chris coons live. steve: new polls, republicans are gaining ground on democrats in key battle ground states there is a new theory about why. just call it the kavanaugh effect. ♪ that water could do. we called usaa. and they greeted me as they always do. sergeant baker, how are you?

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jillian: good morning, back with headlines now, there is a way to turn the new iphone into a body camera to record interactions with police.

a redit user call police. hey, serrie, i'm getting pulled over. i'm that triggers the camera to start recording. cufsz tom mize the setting so it knows exact location where to text and email your video to. take a look at this. dramatic surveillance fight footage driver with twice the legal limit slamming inside a pole outside of hollywood. a man and woman ended up on the hood of that car incredibly no one was seriously hurt. light says the driver was off duty at the time. that's a look at your headlines, steve, i will send it to you. steve: thank you very much, jillian. the battle over brett kavanaugh's confirmation may explain interest in battleground states. should democrats be concerned about the so-called kavanaugh effect? here to break it all down is real clear senior politics analyst sean trendy. good morning to you. >> good morning to you.

thanks for having me. steve: it's great to have you. the kavanaugh effect or the brett bounce as i read today they have called it on axios. what is it? >> well, what we're seeing is that across a number of polling metrics, the presidents and the republican's performance is improving. the president's job approval is up. the republicans are up in a number of battle ground states. i think this is a clear response t to the fight over the kavanaugh nomination. steve: it is a fight. you look at how the president has reacted over the last week. in the beginning, after she testified, he said he found her to be highly credible witness but now, you know, is he talking about a couple of days ago i believe he was in mississippi, he was talking about well, you know, she couldn't remember the house, she couldn't remember the place and the dated and things like that. it looks like he has changed his tactic. is that to appeal to the

base? >> that's right. one of the main reasons that republicans in effect hired president trump wanted to see fight harder than they have seen republicans do in the past. what you are seeing is republicans responding to that fight. steve: we have got some fox news poll votes that just came out last night regarding heidi heitkamp in south dakota. if she votes against kavanaugh, 17% now are more likely to vote for her, 34% less likely. meanwhile, you can see that the red state the red state democrats are in a pickle, aren't they, sean? >> you have five democrats democrats president trump won by 20 point. heidi heitkamp is in state president ththe president won b. she wins sort of republican.

high profile against kavanaugh is a tough vote for her to take. steve: sean, i saw an npr poll that came out the so-called blue wave where the enthusiasm for the democrats which in july was 10 points is now at 2. so, it seems like right now, at this point in time the republicans are getting revved up and the democrats are cooling off. is that a fair analysis? >> what we're see something a surge in republican enthusiasm. again, across polls. and so, you know, the republicans around the out of the woods by any means. but things are looking less grim for them an than they were a couple weeks ago. steve: how big will the kavanaugh decision weigh on voters minds at the mid terms. >> for republicans judges are incredibly important. the question is assuming kavanaugh's is confirmed on friday, does this enthusiasm carry forward for the next month? steve: good question. we will see what happens. sean trendy joining us today

from clus, thank you, sir. >> thank you. steve: meanwhile, remember when the personal information of some republican senators was posted online during the kavanaugh hearing? well, we just fownelsd out who reportedly was behind that we will tell you what we know. plus, democrats have a backup plan if they can't stop the judge from being confirmed. he is too partisan for the job. well, our next guest is calling out that hypocrisy. >> anyone who watched the judiciary committee hearing on thursday should have serious, if not disqualifying doubts about judge kavanaugh's credibility and independence ♪ the new capital one savor card. earn 4% cash back on dining and 4% on entertainment. now when you go out, you cash in.

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♪ ainsley: the senate is set to review the fbi report on judge kavanaugh this morning. but if democrats don't find

enough there to keep him off the supreme court, they already have their back-up plan that he is too partisan for the job. >> anyone who watched the judiciary committee hearing on thursday should have serious, if not disqualifying doubts about judge kavanaugh's credibility and independence. >> he revealed him sufficiently as a partisan. i would think if i were a democrat going before him, i would ask him to recuse himself. ainsley: is this hypocritical from the democrats? let's ask justin walker he has clerked for both justice kennedy and judge kavanaugh. thank you for being with us again. what do you think about this? first accusations of alleged sexual assault. then drinks too much beer and throwing ice in college. then tone and demeanor and now too partisan? >> to hear senator schumer talk about credibility, when it's the democrats on the judiciary committee, one of them, for example, claimed to be a vietnam veteran, totally made up that story, one of them, for example,

stood by senator daniel inouye when he was accused of 20 years being a sexual predator. she didn't say one word against him at the time. then we have senator feinstein trusted by dr. ford to keep her name private, and then, just on the eve of brett kavanaugh's confirmation vote, dr. ford's name gets leaked to the press. if we're going to have an fbi investigation, i think one of the things we ought to be investigating is how dr. ford's name got leaked to the press against her will. she has been a victim of this unfair vicious search and destroy mission against judge kavanaugh whose only mission has been to delay for the sake of delay. ainsley: what's the next line of attack from democrats that you expect? >> my goodness, you know, ainsley, there are limits to my imagination. i don't know. what i do know is that on the other hand, what we have seen from senator mitch mcconnell, i think, has been his finest hour. he has stood firm for judge kavanaugh. the same has been true for president trump. he has not cut and run.

when it would have been easy for a president to do so. senator mcconnell, senator graham, president trump, they have not abandoned judge kavanaugh to the wolves. i think it's been their finest hour as a result. ainsley: yeah. they said they are not going to be intimidated. thank you so much for being with us. we appreciate it justin walker. thank you. >> thank you. ainsley: we are minutes away from senators getting their first look at the fbi report. we are live in washington with the breaking developments on. that plus, reaction from judge jeanine and dana loesch. they are both here live. ♪ yeah, yeah ♪ how could i say no ♪ whatever you're drinking ♪ that's what i'm drinking ♪oh a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. oh! under seven? (vo) and you may lose weight. in the same one-year study, adults lost on average up to 12 pounds.

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the fbi and white house have not corroboration of dr. ford's sexual misconduct allegations. brian: give jenkins is all over the story. got my first email from him at 2:30 in the morning. reporter: it was busy night. we believe at this hour senators will begin reading that fbi report at the building behind me in a scif, a sensitive come parted information facility to keep things secret. chairman of the senate judiciary committee chuck grassley. i have agreed alternating equal access to for senators to study content gathered by non-partisan fbi agents. we learn that he will hold a press conference at 11:00 a.m. to discuss it. clearly ranking member dianne feinstein and other democrat members of the judiciary will have the first chance to read it. ultimately obviously 100 will not before 11:00 a.m. this comes as deputy white house spokesman raj shah tweeted out a

statement the white house is quote, fully confident the senate will vote to confirm kavanaugh to the supreme court. sources also tell fox news this morning that the white house has found no corroboration of sexual misconduct. that is very significant, guys. it comes as senate majority leader mitch mcconnell filed cloture last night to start to end debate on kavanaugh, setting up vote likely to come early saturday, maybe sunday. all eyes on collins, murkowski and flake, the gop holdouts, and red state democrats like joe manchin and heidi heitkamp who seem to keep an open mind. one thing for sure, the white house has run out of patience with democrats playing politics. here is sarah sanders. >> one thing is clear, democrats want to block kavanaugh and hold the seat open until the 2020 election. this is about politics. this is about power, pure and simple. reporter: finally this is important, dr. ford' attorney released a statement they were profoundly disappointed the fbi did not interview their client,

therefore is is not a complete investigation. as we hear senators going in to read the report, cannot take pictures, cannot take notes. as they read the report and interpret it, look for them to play off of ford's attorney saying well, it is not a complete investigation. therefore, we can't make a judgment. guys. brian: of course you will say you didn't speak to everybody, you didn't speak to her again. evidently in her position, thanks, griff, in her possession were the documents from our meetings with the therapist that they wanted. she goes, yeah if the fbi interviews me i will hand them over. i will not send them over. steve: we understand kavanaugh's name was not in the therapist notes either. we got a note from our own john roberts at white house. apparently in the beginning the scope of investigation, fbi would talk to four different people. apparently they have. apparently expanded that to monday, white house said talk to

as many people as you want to, talked to nine. interviewed in person, got a sworn statement from one other person the we know about five of the names. the other four or five we don't know. ainsley: we know mark judge, they talked to him. he was allegedly in the loom. leland keyser, her best friend allegedly was at party, she says she was not there, doesn't remember. p.j. smyth. tim gaudet, chris garrett, he was named on brett kavanaugh's calendar and deborah ramirez who claimed kavanaugh exposed himself in school. that is total of six. we don't know who the other three are. we don't know who the sworn statements. they didn't do a deep dive in dripping in high school because the senate never asked for that. brian: it was about incidents. it was not about drinking or not drinking. lynne cheney -- liz cheney,. ainsley: lynn is her mom. brian: second lady, congresswoman from wyoming. she is especially important. she knows brett kavanaugh

personally. saw him up close and personal about the bush white house years. she said where we're heading in terms of political process and naming any judge. >> i don't think i've seen anything, frankly look what the senate democrats are doing as evil, as disgraceful, as cold-hearted in all the years i've been watching politics in this town. i think that what they have done is clearly try to unleash a whole bunch of false charges to destroy judge kavanaugh. he is a good man. this is a good family. he ought to be on the supreme court. steve: how close is he to the supreme court? last night mitch mcconnell filed a petition. what that will do, there will be a cloture vote tomorrow. they will figure out if they have 50 votes. then if it's a tie, vice president comes in. they would go ahead and proceed with a final vote on the floor of the u.s. senate. could be sometime saturday, maybe saturday night. brian: president noted where enthusiasm is, after the

mississippi appearance. such enthusiasm and energy for brett kavanaugh. look at energy and polls. something big is happening. a great man, fine intellect. the country with him all the way. in terms of republicans they have to be happy with the race in missouri, the race in arizona. the race in tennessee is all closing. look at enthusiasm rate when polled on fox news. arizona up two, indiana, up nine, missouri up eight, north dakota up eight and tennessee up 11. among those in republicans who are polled. ainsley: those are battleground states very important come midterms. this could be backfiring on democrats. republicans feel like this is a delay tactic, every time we get close to a vote, democrats want to delay again and want to delay again. many people are wondering what will they do next? will they be able to stop the vote. steve: they are having a press conference at 11:00. we'll know exactly what their gameplan will be.

speaking of polls, according to "qunnipiac poll" came out yesterday, mr. kavanaugh is supported by 84 of republicans and 86% of republican women support him. is there a kavanaugh effect? is it the brett bounce? chris wilson who is a republican pollster had this observation about these new surging numbers. >> democrats have had a sustained enthusiasm gap. angry about the president. that is typical in a midterm, first term president-elect shun but this kavanaugh effect has energized republicans at a level i have seen since last thursday night polling in races i'm involved in like nothing i've seen entire cycle. steve: npr poll came out last week was talking about over last couple months democratic enthusiasm had been at 10 points. democrat enthusiasm as of 10 points above republicans. now it is at 2. essentially it's a wash.

is it impacted by brett kavanaugh? don't know. brian: we know this, whatever you think of the trump agenda, if republicans think they can sit back i like the way things are going, hope it continues, if they lose the house, my goodness, if they lose the senate, they can expect none of that to happen. that reality is hitting, especially the new nafta deal president cut, see what is happening with the economy, see results of market, some people are asking do we want that to stop but among the actual races that are impacting claire mccaskill had three point lead, she is in a dead-heat in missouri of the that's huge. steve: there is a pac that supports josh hawley who is her republican opponent, they came out, showed josh hawley in missouri, 52, claire mccaskill at 44. he is eight points ahead of her according to this pac. ainsley: she said i'm not voting for kavanaugh, a no. steve: based on policy. brian: that are the good old

days. ainsley: coming down to flake, collins, murkowski. flake we're not sure about, collins, murkowski in your opinion -- brian: they have not played their hand. ainsley: after the fbi investigation coming out showing, there is no evidence? i don't know. i mean, as we watched jeff flake tweet something out, i'm a yes for kavanaugh. get yelled at in elevator and blow the whole thing up a week later, in the long run might have helped republicans but he got yelled at. we don't know what is going to happen, to collins and murkowski along the way. in fairness to them, they're under tremendous pressure because they're look at as persuadable. steve: sure. jeff flake said i will vote it yes to get it out of the committee to the full senate. something happened between here and there as we all know. if all of these republicans that we're talking about right here and perhaps some persuadable democrats if there are any -- ainsley: heitkamp, manchin.

steve: give us another investigation by the fbi. now they have got it. they will read it. they started reading it eight minutes ago in the scif up in the senate. if there are no, there is no corroboration of the charges, why would they vote no? brian: yeah. steve: i don't know. brian: i just, hard to get inside individual's heads. it comes down to that. it is not logic. it is down to three people it seems. nancy pelosi again, off the charts in terms of comparing brett kavanaugh, you're not going to believe the analogy she used yesterday. >> he talked about being in love with kim jong-un, thanking kavanaugh as a great guy, up standing this or that, i guess there is similarity that people have with the people that they respect. crazy about putin in love with kim jong-un, thinks kavanaugh is a great, up standing person, you know what?

it doesn't even know what he is talking about. ainsley: comparing kavanaugh to putin and kim jeong un, kavanaugh. steve: man. all right, looks as if things are moving, you know we were talking about those persuadable republicans, or the moderates, we don't know why they would not vote yes, but then again we don't know why they might not vote no. big question mark. ainsley: democrats are loyal to one another it seems. steve: to allegations. >> they're loyal, for betterment of the party. republicans can't seem to do that. steve: democrats are really good voting as a bloc. ainsley: they are. you have to think what is best for the country, best for the party, if there is no evidence, baffles me why republicans don't vote together. steve: remember a couple days ago jeff flake was at the, at that -- brian: "60 minutes." steve: he was talking about if i wasn't running for re-election -- brian: authenticity. ainsley: if i were running for

re-election i would vote yes, basically. steve: it is all about self-preservation. it is about politics. welcome to washington. ainsley: this is where we are, jillian. brian: we're talking about brett kavanaugh but you have a lot of other stuff. jillian: serious news let's get you caught up with fox news alert. seven police officers shot one killed in south carolina serving a warrant in a sexual assault investigation. a law enforcement community now asking for prayers. >> we lost a good friend of mine. >> every human being who knows the lord jesus christ to pray for these officers. jillian: the unidentified man barricading himself inside a multimillion-dollar home about children inside for nearly two hours before being arrested. officer terrence caroway was killed. he received his 30-year service pin. he was described by his chief as the bravest officer he ever known. he is the 40th police officer killed in the line of duty this year.

police bracing for possible protests as closing argument begin in a chicago police officer's murder trial. officer jason van dyke charged in the 2014 shooting death of laquan mcdonald. lawyers expect to argue that van dyke shot the teen 16 times in self-defense as he approached him with a not. prosecutors say mcdonald was not a threat and was racially motivated. chicago's police chief is saying to his force, quote, look out for one another. president trump in minnesota with republican jim hagedorn against democrat dan mckeen. it has been held by a democrat the past 12 years. this is the fourth rally since saturday. it starts at 7:00 p.m. eastern time and fox news channel will cover it live. another fox news alert, two american astronauts are back on planet earth after 197 days in

space. >> and touchdown. jillian: like the sound of that. drew force and ricky arnold and a russian cosmonaut touching down in kazakhstan. they had emergency repair, four spacewalks and a whole lot of research but they're back on earth. ainsley: that's good news. firm land. that is what that means. brian: thank you. ainsley: you're welcome. my latin classes paying off. steve: voice of translator. down in washington senators are looking at the fbi report on judge kavanaugh. what are they seeing? should the public get to see it? law professor jonathan turley says no. an explanation next. brian: remember when the personal information of some republican senators was posted online during the kavanaugh hearing? we found out who is allegedly behind that. ♪

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steve: a fox news alert. moments ago u.s. senators getting a first look at the fbi's latest probe of judge brett kavanaugh. we learn as the white house and

fbi found nothing to support the allegations of misconduct leveled against him by dr. ford. hear to weigh in fox news contributor, constitutional law professor george washington university, jonathan turley. jonathan, good morning to you. >> thank you. steve: doesn't sound like there is anything in the report? >> that is what most of us anticipated. most of these witnesses that have already spoken, this is locked in record, they were going to, they weren't going to depart with the fbi something they previously said under penaltity of federal felony charges. the likelihood there is nothing new here. these senators will be left with the same question. there is an unintended consequence here for the democrats. nobody is talking about roe v. wade or other issues anymore. it is come down to this fact, and that may not play well with them. because now talking about roe seems almost quaint and ridiculous, but if you look at the report, if you look at these allegations, what you're left

with is a evidence that is, at best is equal and may not be even that. steve: jonathans the president just moments ago just tweeted this out. the harsh and unfair treatment of judge brett kavanaugh is having an incredible upward impact on voters. the people get it parfar better than the politicians. most importantly this great life cannot be ruined by mean and despicable democrats and totally uncorroborated allegations. but ultimately this is a political decision and politic is going to get in the way. >> it's a political decision. could you argue the democrats have overplayed their hand here but these senators are also sitting in the position of fact-finders. they shouldn't dismiss that there should be some standard of review. when you apply traditional standards, it works in kavanaugh's favor. even the preponderance of the evidence, let alone a clear preponderance would work in his favor. steve: exit question, should the public see the fbi report?

>> no, i work with 302s all the time. this is not some whodunit mystery and you read it and there conclusion at end. 302s are raw. the agents basically report everything said to them that might be relevant because they don't know what could be relevant later. it is unfair to people to have 302s released to public because of that. steve: they started reading them 20 minutes ago. they will go in, read them, they will go out and they will repeat the politicians are, whatever makes the other side look bad? >> unfather natalie that is true. but 302s come with a considerable danger for individuals like kavanaugh or other nominees. there is a reason they're not made public. you can destroy someone's reputation on a single 302 by someone who may not be credible. steve: plenty of reputations getting destroyed in d.c. thanks for john inning us live. >> you bet,.steve.

steve: what happens if kavanaugh does notks get confirmed? dana loesch coming up next. olay takes more than just investment advice. from insurance to savings to retirement, it takes someone with experience and knowledge who can help me build a complete plan. brian, my certified financial planner™ professional, is committed to working in my best interest. i call it my "comfortable future plan," and it's all possible with a cfp® professional.

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ainsley: as we are speaking senators are now in washington reviewing the latest fbi report. allegedly no evidence of sexual misconduct against judge kavanaugh. brian: we have a new tweet from the president of the united states. he said this, the harsh and unfair treatment of judge kavanaugh is having incredible upward impact on voters. the people get it far better than the politicians. most importantly this great life cannot be ruined by mean and despicable democrats and totally uncorroborated allegations. the question is, did the president write that after reading fbi report? did he play his hand, say there is nothing to corroborate the

account. ainsley: brings up good point, ruining a guy's life if there is no corroboration, no evidence, how far do you take this? a man worked his whole life with a stellar reputation and has children and a wife? steve: sure. bring in dana loesch, syndicated radio talk show host. dana earns the senate last week asked the fbi to look into the allegations by dr. ford. they have. apparently personally interviewed nine different people. got a sworn statement from a 10th. we don't know identities of the handful of people. that is what the senate asked for. apparently they can prove her allegations. now what happens? >> of course they can't. good morning to you all, these have always been unsubstantiated accusations. brett kavanaugh is innocent and should be confirmed to the supreme court, if, if, heaven for bid that does not happen i like senator lindsey graham's proposal to renominate him and then appeal the senate's verdict to the ballot box.

let the american voters decide how they feel about the senate's treatment of brett kavanaugh, particularly states president trump has done very well, indiana, north dakota, missouri. you were talking earlier this morning about the kavanaugh effect on some of these very close races. i live in texas now but my home state missouri senator claire mccaskill is in more trouble than she ever has been and a new poll saying kavanaugh having direct effect on her numbers. this is having effect on republican enthusiasm. i hope republicans do not gamble. i appeal as a voter to the senate and particularly to lisa murkowski and susan collins and jeff flake, do not legitimatize a hateful process falling one vote short and ruin this man's life and goodwill with the american voters. do not gamble this. confirm this innocent man. brian: eight democrats on the judiciary committee sent a letter to republican members

yesterday suggesting that past fbi investigations into kavanaugh may have included information about allegations of inappropriate sex all behavior or alcohol abuse. where did that come from? >> yeah. i don't know, maybe if that was the high school antics or the college antics, but doesn't substantiate claims that have been made. democrats need to stop moving these goalposts. either he is a gang rape campaign and he sexually assaulted another woman or he didn't. you can't come up with, again moving the goalposts, well, we didn't like his yearbook quote or maybe he liked beer when he was in college. what college frat boy didn't by the way? i'm not saying that it is great but i'm saying, for crying out loud, if we're going to sit here and judge brett kavanaugh by these standards, i'm telling y'all, a lot of people in washington, d.c., i have seen boozing at some cocktail parties who would not be eligible to even cast a vote in this process. ainsley: maybe they didn't do a deep dive into the high school

drinking because many of them might not want a deep dive into their open lives. >> exactly. ainsley: we'll have senator coons, chris coons, done a tour with jeff flake. he has been on some other morning shows this morning he says this investigation didn't go far enough. keep in mind this is the seventh fbi investigation. what do you think the democrats are going to say to try to stop this next? because everyone is expecting they will. >> yeah. whatever delay tactic they can. at first, remember when we all got started with this, we have to allow the fbi to investigate. the fbi needs to investigate this. they need to do another background check, a seventh one because apparently the seventh one will find what the previous six did not. it wasn't to their liking and conclusions don't fit their narrative and also because they want to delay, now they're going to say that the fbi didn't do good enough job and narrative changes. they need to pick one, stay with it consistently, because voters have had enough. fbi did what they were supposed to do. the seventh background check

didn't uncover anything to substantiate their allegations. this salem witch-hunt needs to be stopped and he needs to be confirmed. brian: we'll find out. we know democrats have a presser at 11:00. at which time they already condition concluded they don't like the results. steve: shocking. >> i hope they defend the process. voters will remember. i hope republicans don't gamble with that. steve: dana loesch, joining us live. thank you very much. >> thank you, dana. 29 minutes at the top of the hour, while democrats keep going after brett kavanaugh, they are giving keith ellison a pass. but her attorney says they have evidence to back up the claims. brian: all rise, judge jeanine has entered the studio and she is next. ♪ we are twins. when i went on to ancestry, i just put in the name of my parents and my grandparents.

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steve: thinks a fox news alert. looks as if the u.s. senators have entered the, they now have the opportunity to go into that secret location, the so-called scif, to review the documents produced by the fbi regarding investigation of brett kavanaugh. according to the white house there is no corroboration of dr. ford's allegations. brian: so this is, it start the 8:00. the leadership goes in first. grassley in first. then comes dianne feinstein, if she gets there on time. the rest of the committee will go. i don't know if everyone drags out their moment in the scif, how they will get done in time to have cloture and have -- judge jeanine is here. i'm sure you heard. hi, judge. >> hi. brian: you have been on a lot. steve: we need a judge. >> i don't live in the city.

i'm back and forth, back and forth. today is a huge day. now we're in the situation where this woman claims she was victimized. i believe her. i think something happened to her. steve: credible witness the president said. >> she i did this 30 years, interviewed victims, tried rape cases made decisions whether to go forward. if you don't know the where, when, how, you don't mention anything for 36 years, i have to ask was this repressed memory? did you go through hypnosis? was there confabulation here? more importantly, she made claim there were other people there, everyone so-called witnesses, alibi witnesses denied everything, they just didn't deny anything, they didn't know anything about a party. they didn't know about the date. they didn't know about the address. so is that a not he said/she said anymore, it is they said. everything they said was not. brian: if we have the 302s and

summaries of interviews and they reveal no corroboration, leave debbie ramirez out of this for a second. >> right. brian: the democrats are already saying why didn't you talk to ford again? why didn't you talk to kavanaugh again? what does judge jeanine think about the decision evidently came from the white house? >> these investigations they have already have the individual who was at the center of the issue questioned under oath -- ainsley: for hours. >> by a prosecutor actually, and by senators, republican and democrat. there is nothing else to ask her. there is nothing else that they need to do. that is the final person that you go to. ainsley: have democrats overplayed their hand here? is it going to backfire on them? >> i don't think there is it any question it will backfire. i tell you something else. for those people who say women are with christine. women who were victims are looking at christine blasey ford, saying you know, i mentioned this, i mentioned that. i didn't wait 36 years.

i told a friend, my mother. a college counselor. you know, this fear of flying, that was a fraud. this whole idea of needing two doors. that was a fraud. everything -- why not -- ainsley: polygraph. >> why, polygraph is not admissible in a court of law. for her boyfriend to say she helped someone work on passing a polygraph applying for a job with the doj or fbi, everything is wrong here. brian: there is a story out there, we have chris coons in ten minutes. we'll ask him. democrats are saying it is not true they did not find any misconduct for drinking and sexual misconduct in brett kavanaugh's previous six background checks. that is innuendo. i don't know what he or she is talking about. what does that mean? >> i don't know. brian: 11:00 they have a press conference. they're saying, fbi did background checks and they didn't bring it up before? that never came up in 30 hours of testimony? >> they're never going to be happy this is their attempt to

create a paradigm shift so the burden of proof is now not on the prosecutor but it is on the accused. presumption of innocence no longer applies. you know, truth beyond a reasonable doubt, none of this stuff matters to them. when you have soros-funded individuals going after senators like flake who is such a wimp he is, i'm going to vote for kavanaugh. oh, no, a woman yelled at me. i can't. i can't. come on! brian: some people think he is brave for standing up to his party to give this week out? >> if he is brave he got conned. this was soros-funded individual who came at him. what people need to understand is, just because you have been a vick tim, i have dealt with tens of thousands of them for decades doesn't mean brett kavanaugh did it. brett kavanaugh is not the guy who victimized you. i'm not sure he victimized anybody. i believed him. i think everything about his temperament, now the drinking, the guy has been a circuit court

judge for actually years in the fishbowl we call washington. if this guy has a drinking problem, or gang rapist or sexual predator he really pulled back in the last 12 years, hasn't he? brian: 30. steve: jeff flake and other republicans wanted fbi to do the investigation. they have summaries of 302s. >> here is the thing with 302. a 302 is nothing more than interview. not reported. not all written down. what the fbi agent thinks. you will never see it. steve: exactly right, now the moderate republicans who said we have to see -- >> they can look and will say everything the other people already said. brian: judge, i don't think you have the temperament to be a judge? >> wait a minute. let me explain something to everyone that has watching. i've been in courtroom in 30 years, if you don't think judges lose their cool, judges don't let you know what they are thinking, you're wrong, all of you. steve: do it at the

confirmmation hearing? >> if you were being accused of a gang rapist, sexual predator and a drunk, everything negative, i think you would be upset. brian: steve, you have been yelled at for first time more than i have by judge jeanine. >> i love him. i see him at the market basket. that is plug. ainsley: is that the grocery store you were talking about? >> yes. got to go to that. now i don't need to go there because i have your cookbook! steve: thank you very much. judge, exit question, does he get confirmed? >> absolutely. ainsley: when will it happen, do you think? >> i hope saturday, justice with judge jeanine is on saturdays. maybe do it there. because i will be in d.c. life is good. ainsley: you don't need the ratings. your ratings are through the roof. steve: we got a show plug,. >> what about my book? >> what is the name of your book? >> "liars, leakers and liberals quote. the one we've been talking about. steve: judge, thank you very much. ainsley: do you have an exit

question? brian: i pass my opportunity. steve: brian mentioned a moment ago democratic senator chris coons will be with us. he helped push for the new fbi probe on the judge. will he accept the results? his interview is next. the new capital one savor card. earn 4% cash back on dining and 4% on entertainment. now when you go out, you cash in. what's in your wallet?

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steve: fox news alert this morning. u.s. senators getting their fist look at a single copy of the fbi's latest probe of judge brett kavanaugh. ainsley: democratic senator, judiciary committee member chris coons joins us now. chris, thank you for joining us. >> thank you. ainsley: what is your reaction to what "the wall street journal," what we're hearing is in this report, that the fbi found no evidence of sexual misconduct against judge kavanaugh? brian: corroboration. >> a week ago today both dr. ford and judge kavanaugh were before the judiciary committee. dr. ford gave a powerful and compelling testimony and judge kavanaugh gave a vigorous, full-throated defense and i respect deeply my friend jeff

flake, republican senator from arizona for asking for a week, for a quick, fbi investigation into the allegations before the committee at the time. i think that was important. but both dr. ford to be heard and her allegations to be investigated as well as for judge kavanaugh and his family, to have a chance at some clearing of some of these allegations. so i haven't seen the report yet. brian: right. >> it is my expectation that there will have been fbi interviews pursuant to the scope that the republican majority in the senate delivered to the white house and conveyed to the fbi. and i am expecting that there will be some relevant and interesting information in this report today. brian: senator, we understand nine people were spoken to. originally was going to be four it seemed. nine people were spoken to including deborah ramirez. we have three of his friends and we know about the friend of dr. ford who has not

corroborated that story. are you happy with the witness list? >> i urged the white house and i urged my three republican colleagues friends to press for a broader investigation that would include follow-ons. so for example, if debbie ramirez was interviewed i believe she was last sunday and at the end of the interview she says yesterday to fbi agents, here are several people, classmates who can corroborate what i told you, here is how i would reach them. would i have expected, and they would be questioned. if dr. ford came forward, as judge jeanine said pointedly, if dr. ford i described this assault several times several years to other people i would suspect they would have been questioned. my understanding haves not seen this report yet, they were not. that may well be pursuant to the direction that the senate majority gave to the white house. steve: senator, you said even before this time out, you were a no. so i --

>> that's right. >> i don't know where this was going to go. not like these allegations as fbi looked into them, you were suddenly would turn into a yes, you were always going to be a no based on policy. >> last friday morning that is where we stood. senator flake had already said he was inclined to vote yes. i already said i was inclined to vote no. that was based on policy jeff is a real conservative. he want as conservative supreme court. i'm not. i don't. that is a difference on legal policy. but we agreed that it was tearing the committee apart right in front of to us have these two powerful speakers on thursday not have any independent cron race or investigation by the fbi. steve: senator, one of the reasons it was tearing the committee apart was the fact that you know, your, the leader on your side sat on this letter from dr. ford until the 11th hour. you know, she apparently received it back in july, fast forward until the 11th hour. the maximum time to inflick

damage on brett kavanaugh, that is when it was sprung. that is why there is such division. >> that is one of several reasons why there is such division. i think what was important about my remarks on friday that helped move senator flake to think about this was i recognized that. i do not believe senator feinstein personally is responsible for leaking this letter. in fact -- steve: she sat on it. >> let me finish. let me finish. i believe she sat on it for so long because she was respecting dr. ford's request for confidentiality and she had no intention of sharing it with the committee or the public. it was leaked by someone with a partisan motive. i think that is something we can all conclude. we don't know who that was. brian: if we want to get the answer to that, my sense that came to you, judging by your track record you would have asked kavanaugh when you had him one-on-one. >> correct. brian: you wanted to find out to get the right person. >> but that decision was made by your ranking member in my

estimation. bring you to this. eight democrats in the senate judiciary, i imagine you, sent a letter to republicans suggesting that the past fbi investigations unveiled inappropriate sexual behavior, alcohol abuse from brett kavanaugh. is that true? you picked this up in past investigations and waited until today to tell us? >> an important piece there was i was not a signer of that. but let's be clear what this specific back and forth is b the majority on the judiciary committee, chairman grassley, texted or tweeted out last night that in the sixth, in the previous background investigations there was not a whiff, not a whiff of any allegations around drinking or sexual misconduct. i believe senator durbin, with whom i just spoke responded that's not true. we're now into something that is confidential and this is back and forth between the majority and minority about something we,

both sides know was in the background investigations. steve: wasn't a whiff. >> doesn't clear the standard of a whiff. brian: why didn't you sign? it. why didn't you sign isn't. >> i wasn't aware this letter was being distributed last night. i have now had a chance to talk to senator durbin. i now know what he is referring to. this is not the sort of back and forth by the majority and the minority that is constructive frankly. because we can't tell the public what is in the background investigation. there is nothing in here that is some bombshell that is unknown. ainsley: senator coons, you will read the fbi information, the report at 10:00 a.m. if you read it and walk out of that room and you feel like judge kavanaugh is innocent, how do you feel about what he has gone through publicly? >> i will tell you that listening to judge kavanaugh's aggressive and full-throated defense of his innocence, it was hard, especially watching his wife and mother, not to have some empathy for how he felt, convinced that he was wrongly

accused. i really did have trouble with the partisan nature of his direct attack on democrats broadly and democrats on the committee. in particular i think judge kavanaugh would have been better served leaving those arguments to his partisan defenders. we are elected as politicians. we do it at times attack each earth from partisan perspective. i don't think a sitting judge should come at us with quite that tone. brian: you must have been just as -- ruth bader ginsberg had something very partisan. take a quick look at it right now. she said this, i can't imagine what this place would be, i can't imagine what this country would be with donald trump as our president for the country. it could be four years. for the court it could be, i don't even want to contemplate that. obviously, you didn't express a worry about partisanship there? >> that's right. i was unaware of that particular comment. that is also inappropriate. sitting judges, sitting justices should not make comments about

partisan politics in a way would lead litigants in front of them to question whether they are fair and impartialal justices. >> isn't it easy to throw stones when you're not one sitting on the stand in front of the country or everyone accusing you, judging you, something there is no evidence you ever did? wouldn't you have the same tone and your wife and mom there and your kids and listening to this, and one was accusing you of this? not saying something didn't happen to her and there is no evidence and he has a stellar reputation. >> i disagree there is no evidence. ainsley: what evidence is there. let me finish please. i believe i would have the same tone in unjustly accused of something i did not commit. absolutely with my wife and daughter and children around me, it would be hard not to be angry. what i was pointing out here was i think he crossed the line in making it a partisan personal attack on democrats on the committee. that was uncalled for. i understand his anger. and i do think part of why senator flake and i thought this further background investigation

was warranted was so that the allegations made by dr. ford and miss ramirez could be further investigated and result be either they are corroborated or the judge is cleared. i don't think enough people were interviewed to reach that full result. steve: senator, is this new standard going forward? >> i certainly hope not. >> you will look at high school yearbooks, you will look at kids calendars, you will look whether or not somebody threw ice at somebody in a bar? >> i do think we'll see now is more thorough vetting frankly now, when companies dough hiring, i do hiring we ask people about social media posts and social behaviors in high school and college. high munch much most major -- my hunch most background checks will look more deeply. we have to be clear as members of the judiciary committee how we set a standard for a fair process. there are issues here about this

process being predictable and fair that we have to address if we're going to be able to work together. look, if i could say in closing, yesterday the senate passed two bigby partisan bills to deal with the opioid crisis, authorize the faa. they're going to the president's desk for signature. he supports both. that gets no coverage. we're still doing important work together, we need to recognize if we can't work together we can't move forward. brian: there are guys like but there are certain people dug in. you said something you did did not want a conservative judge on the supreme court, jeff flake did. senator graham did not want liberal judge like kagan and sotomayor because he voted for them because they were competent. >> that's correct. brian: kavanaugh is competent but can't agree with you, but he can't get your vote. why? >> in my view jurisprudence of judge kavanaugh is well outside of the mainstream.

i think his views on presidential power and individual liberty are beyond the mainstream of american jurisprudence. i don't think that is the case with kagan and sotomayor. my friend senator graham made that point personally to me and forcefully, in his view the confirmation process has gotten away looking at credentials and credibility and into ideology. steve: go ahead. ainsley: thank you, steve. do you understand why the american people are so upset right now? >> yes. ainsley: can you explain that, elaborate? why are they so upset? >> i think there are two reasons i think there are folks watch entire process. they think judge kavanaugh was not treated fairly. the there are folks that watched the whole process and think dr. ford and debbie ramirez were not scene seriesly. they are folks worried about the message it ses to our country and the world when we have senators yelling at each other, accusing each other and challenging each other's motives. it seems we're going to be in a

period where nomination in the supreme court pass by 51-49, rather than by 60, 70, 80 votes. the senate is the saucer that cools the hot tea of the house in the vision of founders. >> used to be. >> this is broken institution. we have to find ways to respect each other and work together again. brian: something on bipartisan level. i don't like you mentioned two things, maybe new nafta gets votes on both sides. certainly seems promising. senator, lastly, do you believe this brett kavanaugh will be confirmed. i know what you hope, you hope he doesn't but do you believe he will? >> i think this will be a very close vote. it hangs by a few undecided democrats and republicans. i haven't read this report yet. if i were to just guess today, he will be narrowly confirmed. steve: all right. senator chris coons from the great state of delaware. thank you very much for joining us. ainsley: thank you. >> steve: all right. ainsley: talking about how some things are not reported in the news because they're holding everything up. we thought he would be confirmed

weeks ago. we could start talking about these other things. brian: soon the good ol' days, russia. steve: got a lot of answers. hope you enjoyed. we'll be back with more "fox & friends" in two minutes. the closer you get to home,

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>> mrs. doocy and i are going on a book tour. a barnes & noble at the villages. and on saturday in tampa, florida. >> do not leave mr. and mrs. doocy sitting there without anyone to sign for. please come out. >> say hello to me and mrs. doocy. >> the whole tour is on "fox &

friends".com. >> tomorrow i'll be live from the villages talking to the folks about not just the cookbook but about kavanaugh. >> good luck with that. >> have a great day. >> bill: big important day today. the report is in. senators looking over the f.b.i. seventh assessment of brett kavanaugh. according to a white house source the bureau found nothing to support or corroborate the allegations of sexual assault. welcome to "america's newsroom." >> sandra: i'm sandra smith. members of the senate judiciary committee are taking turns reviewing the report. there is only one copy and we're being told it will not be made public. this as majority leader mitch mcconnell gets the ball rolling on a vote. >> this information comes on top of what was already been one of the most thorough and most exhaustive senate reviews of any supreme court nominee in the enti