a >> bill: we will find out tomorrow, won't we? four: 52 will be the final moment. listen, i think it is -- too close to call. >> sandra: it is too close. >> bill: you're going to venture a guess, are you? >> sandra: no, i'm not. i will leave that to these folks. spew 25 starts now. >> harris: fox news alert, brand-new reaction from capitol hill after the senate a short time ago voted 51-49 to end the debate on spring court nominee brett kavanaugh. advancing his nomination. and now, the moment of truth for kavanaugh as the final vote is set for tomorrow evening pay less than 30 hours from now. this is outnumbered, i melissa francis. here today is harris faulkner, fox news can your bitter lisa boothe, host of kennedy on the fox business network, kennedy, and joining us on the couch, jake maccoby, former chief speechwriter. for former attorney general loretta lynch, and former policy advisor to the hillary clinton campaign. thank you so much for joining us

today. i love your socks. fancy socks for us. keeping it cheerful, i love it. >> harris: that's what we've come to know about you. it >> jake: it's a tough day. >> harris: show your toughness. >> melissa: welcome. kavanaugh moving one step closer to sitting on the highest court in the land, admitted what has become a brutal showdown over his nomination. big questions now over some key swing votes that will decide his fate in the senate. three of those four senators voting yes on closure today. g.o.p. senator lisa murkowski voting no on that one. their decision whether or not to confirm kavanaugh, that still unknown. senator susan collins and joe manchin are set to make statements. in the meantime, g.o.p. john cornyn taking to the senate floor to blast anti-kavanaugh protests. watch this. >> of are vote today was import not only because it allows us to move forward and conclude this

process, but it was important because it shows the united states senate will not be intimidated. we will not be bullied by the screams of paid protesters and name-calling by the mob. we will not be complicit in the attempts to tarnish a good man's character, destroy his career, and further delay this confirmation process. >> melissa: democrats knowing they will not back down and try to stop kavanaugh's nomination. california senator kamala harris tweeting minute after this vote, there are 30 hours until a final vote on judge kavanaugh's nomination to the supreme court. don't stop calling your senators and telling them to vote no. keep up the fight." in the meantime, president trump tweeting "very proud of the u.s. senate for voting as to advance the nomination of judge brett kavanaugh." the key congressional correspond mike emanuel's level capitol hill. mike? >> melissa, good afternoon. they will be plenty of

conversations among senators and some arm twisting between now and tomorrow afternoon. he is part of the closing argument between the senate judiciary chairman. >> there is simply no reason, then, to deny judge kavanaugh a seat on the supreme court on the basis of the evidence presented to us. the democratic strategy used against judge kavanaugh has made one thing clear -- they will never be satisfied, no matter how fair and thorough the process is. >> judge brett kavanaugh defended his name and integrity in that high-stakes high-pressure hearing last week. some democrats have complained has passionate defense went too far for a judge. >> judges are expected to be "even-handed, unbiased, impartial, and courteous." however, at the hearing last week, we saw a man filled with anger and aggression. >> first thing yesterday

morning, senators have had a chance to review the fbi's a module probe into the accusations against kavanaugh. the moderate senators who ultimately decide this nomination have spent a lot of time reviewing that report. some democrats have complained the fbi was not allowed to be thorough. >> and so, we go to this but with an incomplete background check. we go to this vote with a nominee who did not exhibit the character -- >> protesters have followed senators throughout the hallway here to make their concerns known. they have even yelled at them out in public. but the a senate majority leader says that lawmakers will not be intimidated. >> the uncorroborated mud and the partisan noise in the physical intimidation of members here in the senate will not have the final say around here. the senate will have the final say. >> there is also the huge political context to all this, with the midterm elections just

32 days away. melissa? >> melissa: mike emanuel, thank you for that. jake, i want to get inside that last comment he made. that everybody is looking ahead to their own next election. can you put me inside the heads of some of these democrats as they sit here and they kind of try and do the math in these last hours? not morally, but politically. if you are joe manchin, what are you weighing back and forth? are you are deciding from a political point of view? >> jake: from up a legal point of view, they have tough races. it's always better to go into a tough race with sort of the courage of your conviction and looking like a strong senator who believes in something, rather than looking like someone who twists in the wind. there are a lot of reasons to be concerned about this nominee. that's why you have some of the centers, including democratic senators, who voted for neil gorsuch, looking to vote against judge kavanaugh. including lisa murkowski. this isn't a partisan thing anymore. we got bipartisan folks coming out against judge kavanaugh. or at least expected to. i think that's an interesting develop meant.

>> let's be clear, the reason why this is different is because kennedy was more of a swing vote. that's why this is different. democrats, before judge kavanaugh was even named and nominated by president trump, were against them before they even knew who the nominee would be for that very reason. it started out that women would die. then there is the baseless, meritless allegations that were made against judge kavanaugh. anyone with half a brain would realize they have no validity to them whatsoever. and then, you have his temperament that is a problem. then he allegedly lied and perjured himself. the delegates have been all over the map. they're maligning of judge kavanaugh. that's the difference between gore such an judge kavanaugh, the fact that kennedy was a swing vote. >> he's right about that. it >> jake: i will disagree with that for two reasons. the neil gorsuch c, as you remember, was the merit garden seat. democrats have eco->> that was not a merrick garland seat, that was a reliably conservative seat on the supreme court.

that's why this difference is so important. kennedy was more of a swing vote. >> a present nominated persons and supreme court, they held it open for a year. >> lisa: that's not what joe biden has said. a speech he wanted time. go ahead and finish, jake. >> jake: we spent a year waiting for the senate to take up merrick garland some nation, they never did. >> lisa: what's more important important? >> harris: hold on, let him finish. >> lisa: this is the point we are coming to be what's more important? ideological balance of the court, or revenge? that's a dumb dumb active because of ask. not done talking. it's more important about vengeance or merrick garland. from the statement, the moment brett kavanaugh was announced, if you look at everything they have front of his judge, whether it's valid or completely invalid, it has been all about revenge. what's going to happen, and now we don't know how this was going to go. yes, we know that judge kavanaugh's nomination can now advance to a full senate vote. until 3:00, we have no idea

what's going to happen. what could happen is that president trump will have another nomination. do you think will be went more like merrick garland? or do you think that person is going be much more judicially conservative? >> jake: i think you're proving my point. i think it's clear that president trump could nominate another conservative for the seat. but you are seeing opposition to this nominee. not just some democrats, but never lisa murkowski, because of sexual assault allegations. because of his lack of candor. >> what evidence you have of the sexual assault allegations? what evidence is there that it's true? name one. what evidence is there that the allegations are true? give me evidence. >> jake: i think dr. ford's regulations are significant here. >> when she richly said it was mid 1980s and then she said early 1980s and that you give two different versions? >> jake: she narrowed it down to a particular set of months before mark judge was working at the supermarket. >> lisa: how does that verify

anything? >> melissa: this is obviously as heated as it has been out there on the floor. passions are running high without question. i want to point to you, to the polling data that's going on right now in west virginia. if you look at where joe manchin is, he is about nine points ahead. harris, you know, he said he doesn't want to be 50. he doesn't want to be the guy who pushes it over. >> harris: joe manchin is any different place in terms of the electorate where he is right now. he has support among independents and, particularly, independent women. clearly there was some sort of a calculation that was made that said, if he votes what he seems to be saying is that he's not just following the voters. this is how he feels. we need to hear directly from him on all of this. he has not said that there is something outstanding for instance, as lisa has pointed to, some evidence out there that would make him shift and vote no. so, right now, you are almost where you are with jeff flake. i would make the calculation with joe manchin. he was leaning kind of in one

way, it may be a "yes," at least neutral to begin with. there's been nothing to push them off that. >> but he's popular regardless of what happens with the situation. >> jake: they like them, he's a good governor. >> may be a note to other democrats. i don't know. for instance, i know the situation because i covered claire mccaskill early in my career when she was making her run up. making moves up the rungs. it's interesting, because it's so tight right now and women are letting her know that her vote against cavanagh is not necessarily, in that state of missouri, representing them. it's a different calculation. but joe manchin is able to do something that mccaskill and other democrats i have not been able to do. become popular in a red state, as a democrat, irrespective of the things that they list. >> can i say something really quickly about that? >> jake: i think he's a really good representative of state. they like them, they trust him.

they know he is not always going to vote one way or the other. they believe that he will make his best considered judgment. >> if he votes for kevin to come he's popular in west virginia, he's persona non grata in the macaque party in the senate. that's where he lives, he lives in the senate prayed his life will be miserable if he is the deciding no vote. that's why it all comes down to susan collins. this entire thing comes down to 3:00. we can assume that lisa murkowski is a "no" ." if they are both a "no," there is no way that manchin votes yes. >> lisa: i think he cares more about west virginians that he does about his fellow democrats. he is taken positions that i put him in the complete opposite of even president obama on issues like coal. i think he is going to go more with west virginians. >> kennedy: your think is going to put himself out there? are you saying he will still vote yes in order to honor -- >> lisa: i don't know, but i'm saying i think it's possible, absently. >> harris: as we get ready to

move on, if, in fact, they start to listen more to the voters at home, maybe they will spend less time in d.c. and they will be home more. if they can't get along with the other democratic senators, wherever they go? i would go home. [laughs] the kavanaugh confirmation drama continuing now, raising concerns about the future of the supreme court nomination. and whether these contentious hearings are now the model going forward. oh, boy. yesterday, senate judiciary chairman chuck grassley says he hopes his colleagues can move on and get back to a normal bipartisan relationship. watch it. >> what i would like to do when we get all done, because this is almost rock-bottom, i would like to have the future mending things so that we can do things in a collegial way that the united states senate ought to do, and particularly, when it comes to supreme court nominations. >> harris: but, today, senator grassley didn't hold back when it comes to how he thinks democrats have treated judge kavanaugh threat the confirmation hearing. >> left-wing groups and their democratic allies have done to

judge kavanaugh is nothing short of monstrous. what we have learned is the resistance that has existed since the day after the novembes centered right here on capitol hill. they have encouraged mob rule. >> harris: jake, the senate asking itself "are we too broken to go on customer" >> jake: boy, that is something my community would call chutzpah. for chuck grassley to stand up and say "we are shocked that there is gambling going on here," their publican party were just talking about held up in a judgeship for a supreme court judgment for a year. senator tom cotton from arkansas held up a nomination for president obama for -- he literally died. >> melissa: that's not the same thing as the threat and the hysteria and that character assassination that has gone on

this week. >> and the actual violence. >> melissa: what happened with merrick garland was completely political all this is political. the tone that's going on right now, frankly, what feels like being on the verge of violence. what's been done to this man and his family, god forbid these things aren't true. you know, it really has -- you have to admit, it has reached a new level. >> jake: is has reached a very damaging level, but we have seen this coming for a while. >> it doesn't make it okay. did you read, rand paul's wife? the op-ed she wrote about stopping the violence and how her husband was attacked and almost killed, and now he's had a pneumonia five times? have you considered steve's lease and the number of other republican lawmakers who were almost gunned down in cold blood by a maniac, or the republican senate candidates in northern california who was stabbed? we are not talking about theoretical violence. we are not talking about violent words or violent threats. we are talking about action. then you have people like

cory booker and maxine waters, and their call to action of getting up in people's faces and gathering a crowd and chatting people down. those are theoretical. those are actual things that lead to violence in society, and that is not okay. there's a big difference between -- >> jake: the present of the united states telling people to rough up protesters in the audience. this is not one party or another. this is a really serious issue. >> a long laundry as of things, those are all in virtually -- i'm not a democrat, i'm not her publican. but unfortunately those are instances of republicans >> -- >> jake: the idea -- the idea that there is some kind of democratic violent squad against republicans is not only wrong, it is really shameful. what we are talking about now, though, is a senate confirmation of a supreme court justice. that should be a rigorous process. >> what about getting in someone's face? >> you have had senators and capitol hill that i've had

police escorts this week because the level of death threats and violence against them -- people who do not support judge kavanaugh -- you've had the democrat party. how disgraceful that somehow this is vengeance, to try and ruin a man's life based off of nothing. >> jake: that's not what's going on here. >> lisa: based on merit garland? [crosstalk] >> harris: we've got to move on. but i can tell that this is going to be a spirited hour. thank you for being here. the president at a rally last night talking about blasting the democrats treatment of the supreme court nominee, accusing them of trying to destroy a good man. the impact it can have on voters. told you we would talk about it more. judge kavanaugh defending himself in what's being called his closing argument. what he is saying, and whether this will sway some of those. it take a look

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♪ >> melissa: just hours before senators pass to keep it on his nomination, supreme court on many kavanaugh addressing criticism of his behavior during last week's hearing on dr. ford's allegations. in an unprecedented opinion piece published in "the wall street journal," kavanaugh writing "it was very emotional last thursday, more so than i have ever been. i might have been too emotional

at times. i know that my tone was sharp and i said a few things that should not have said. if confirmed by the senate to serve on the supreme court, i will keep an open mind in every case and only strive to preserve the constitution of the united states and the american rule of law. one former member of the supreme court does not believe kavanaugh can start that balance. retired justice john paul stevens has praised kavanaugh on the past, but now he says he is rethinking that. >> at that time, i thought he had -- definitely the qualifications to sit on the supreme court and should be confirmed if he was ever selected. but i changed my views, i think that his performance during the hearings caused me to change my mind. >> melissa: you know, kennedy, he can't win through losing. he did the interview with martha maccallum, he was criticized for being a robot. then he goes in and defends

himself and his family, he's criticized for being too passionate. what think you? >> kennedy: i understand that just a to justice stevens is getting out in his years. it's funny they change his mind. that's what he did when he was on the supreme court prayed he was nominated by gerald ford, and became a very liberal jurists. he's one of those people i got on the bench for a lifetime appointment, and was like "you know what? i'm going to flirt with might be side." i will say this about judge kavanaugh -- i appreciated his contrition. he seemed to take a self-survey and realized his shortcomings. he sound a little bit too much like a politician. i don't necessarily want to see that side from a supreme court justice. >> jake: i agree certainly with the last part of that. i think it was a little bit like "who will you believe, me or her lying eyes customer" he saw what happened during that hearing. he was angry. he was petulant. >> melissa: when you have been angry, too? >> jake: not for a job

interview of the supreme court of the united states. people sat there for 11 hours and not lost their cool. >> harris: i want to bring an end that all of this is hinged on, and that senator jeff flake of arizona with breaking news. there publican senator now says he will vote to confirm. he is a "yes" to confirm brett kavanaugh to the supreme court. that was what was breaking, like ten seconds ago. now the update to that is "unless something big changes." he's in a flux, he has always been a "yes" in the last -- not always. but in the last week or so, he has been a "yes." then we have the pause for the fbi investigation, which he helped negotiate with his friend, democrat senator chris. now we are moving forward toward the switch tomorrow. it closes, expires at 4:52 p.m. tomorrow on saturday. they could vote any time between 3:30 and 5:00 p.m. that's what our guidance has been here at fox.

we anticipate now from what senator jeff flake is saying, that he will vote yes to confirm brett kavanaugh to the supreme court. "unless something big changes." >> melissa: i don't think they should let him out of the room prayed letting him leave room last time is what changed everything. they should assign someone to stand next to jeff flake all the time. >> lisa: he doesn't want to make him sad. i want to go back to what you said, jake. you establish that he is a person paid by the same logic, would ginsberg need to step down customer choir when she stepped down, then? why would you call in here? she had said overtly political things about trauma. with brett kavanaugh, he is standing up against baseless allegations against him. why shouldn't she stepped down? >> this is not what it's about. she's not in a job on every. >> lisa: if you don't like partisanship on the supreme court. >> jake: he said "what goes around, comes around." saying that he will essentially

attack liberals -- >> harris: i want to piggyback off what you're saying, lisa. when ginsberg said that about president trump, she apologized and said she shouldn't say. what is one apology okay, but another is not a question mark she's got an op-ed. a >> jake: that's not why. >> harris: it's an expedition of who he is going to be and who he was last week under extreme circumstances. we didn't even get that from ginsburg. what made her circumstances so extreme to get political against the sitting president? >> jake: when justin ginsburg makes a compliment and appalls apologizes for it, that's different from hers and he wrote his 40 minute statement and wrote it out including saying that this was a left-wing plot. >> harris: wait, wait, wait. why does she get a pass for owning her own words? >> jake: she did, she apologized and did right

afterwards. >> harris: i go back to how was it -- i'm not clear -- >> jake: this was a massive pattern for 40 minutes. >> it was also the response of a father of two girls are being accused of being a gang at rapist. if you consider his days in front of judiciary committee, i think his response is even killed. if you wrap it up in the layers of allegations against him, very uncorroborated at this point, he's going to have an emotional reaction to that as any human being would. >> jake: that's not what this is. >> kennedy: of course is not what it is. >> jake: he's in a job interview for lifetime appointment. that means something. >> melissa: can ask you? i've never been on a job interview where they accused me of being a rapist. it's not a job interview. we have to start with an honest conversation about what's going on here. everybody's been click on every side, we although that. everybody wants the justice who

agrees with how they interpret the constitution, that's what it's really about. that's what you're fighting about, not the person. the only way we can move forward as a country here is to be honest about what we are actually -- >> lisa: this conversation is not not honest, because he was not being a partisan. he was stating the blatant truth. the truth is that democrats sat on these allegations for weeks, and someone from the democrat staff leaked it. dianne feinstein, or someone from her staff. how is that not a partisan attack from the left? >> jake: dr. ford was making these allegations back when she was still on the short list. >> lisa: but he denied the allegations against him. that is a fact. it is undeniable. >> jake: serious allegations we should look into -- quickly as possible prayer they should have been looked into, and they should have been looked into further. >> lisa: but the democrat country weaponized. >> melissa: she sat on it like a run goose egg.

>> harris: on that note. love to do that to me. we've been calling it swing among republicans, we learned that senator flake says he's yes "unless something changes." three of the four voted yesterday in a closed term, murkowski voted no. that's where the score is part now. that matters because we are moving into where we are going to hear from senders on the hill today. we will hear from senator collins at 3:00 p.m. eastern. it really does matter what happens now in the next two hours. a lot of this conversation will continue to go on. we have to make sure we have to keep our guys -- >> melissa: we are distracted from real issues. present trump unleashing a democrats during a campaign rally last night in in the midf a showdown with judge kavanaugh. we will discuss the applicable impact of all this was just weeks to go into the high-stakes midterms. >> i've said it, and i will say it as many times as you want to hear it. it's because of their policy that democrats are truly the

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>> the dems are willing to do anything, to hurt anyone, to get the power they so desperately crave. all they know is how to do -- you know with the words are, they want to resist. they want to obstruct. they want to delay, demolish. they want to destroy. democrats have been trying to destroy judge brett kavanaugh. [boos] since the very first second he was announced. >> harris: present from going after democrats of the treatment of supreme court nominee brett kavanaugh pay the presents began that rally in minnesota last night. is there public and national committee is reporting this past sunday was "its largest

fund-raising day ever." ever. they think supporters who wanted to see kavanaugh confirmed. jake, we have been getting numbers back and forth predemocrats, republicans. but when you see that kind of statistic and it hinges on one topic, and your team is against what happens in that one topic with this nominee, what do you think? >> jake: is not about 18, and it's not about topics. it's pretty rich for president trip to stand up there and say that democrats of the party crime when everyone around him has been accused of felony. it half his cabinet has resigned over corruption investigations paid when the first to people who endorsed him have been indicted. it's a little much to see them stand up then say "the other side is really crooked, here." it's strange credulity. he just doesn't have the kind of credibility to stand up and say that. by the way, while we are talking about in nominee for the supreme court with sexual assault allegations against him, present trump is more than 50 women standing up saying that he sexually assaulted or sexually harassed them. he's not the best messenger for

this message, here. >> melissa: had a move that into the conversation? that's what is contribute into the stone. everything that's going on right now. this is why people are being moved to violence. you sit there and you take these unfounded allegations against brett kavanaugh, you spend back in the president into it. do you want to talk about bill and hillary clinton? do you want to take everything out and put it all on the table? or do you want to try and move forward as country? >> jake: i don't think these are difficult circles to square. you've got the president of the united states, who has a history now not only of being accused of sexual assault and sexual harassment, but also of defending other men who are accused of similar things. whether it's roy moore, and whether now it's brett kavanaug kavanaugh. it is just did not -- it is not credible, then, for him to stay up and stand, you've got to me." >> he was saying democrat parties the party of crime. if you support lawlessness at the border and you don't want to force our laws, you are

endorsing criminal activities taking place. so, yes, he is truthful in that statement. regarding fund-raising and picking up as a result of it, you have people like me who have always tried to treat those i disagree with with respect and have empathy for them. it is really hard these past couple weeks. i have never in my entire ten years working in politics been so disgusted with the palooka process and the weaponization of these baseless allegations. because this isn't about politics, this isn't about a job interview. it's someone's life. his two little girls and a poor hearing this, who he has had to have conversations with bread and a wife. there is a family that is affected. >> jake: there are two families that are effective, and families across the country. >> lisa: they have not even bother during the hearing with christine ford to even ask basic questions about the numerous inconsistencies. >> jake: or hooligans didn't ask any questions at all of christine ford. they stepped back and didn't -- >> lisa: they hired a 25 year career prosecutor. >> jake: they cleared up the room as soon as they're done

with her. >> lisa: someone who is better equipped ask these questions and any set or sitting up there. >> jake: from the beginning they have no not had any intert in getting to the bottom of this. >> lisa: baseless allegations -- >> jake: democrats want to get to the bottom of these and ossetians. >> lisa: you had no interest in getting to the bottom of things, either paid is all politics. >> harris: since you guys are going back and forth, i want to sit with the person in the middle. be don't ask me to the creamy center. the best part of the oreo. >> harris: we've been together for this process. the allegations from the third accuser, julie swetnick, broke, you said this is an important moment. let's take a pause to consider everything that's here. we did that. we didn't just do it on the couch, we did it as a country. the president ordered it from the white house. let's take a pause. from the moment -- and i remember dianne feinstein, when they were taking the first round of voting -- well, wait a minute, what judges will request marketable for annette investigation? i'm not quite true. you voted for this to move

forward us a little bit. with the caveat, or with the "we are going to take a pause because of the deal that flake and kunz cut across party lines." from the moment that happens, it wasn't good enough. i wondered, right now, kennedy -- what will it take to get democrats like jake to say "we don't were going to do and we are moving on his country. ">> kennedy: this is a very painful reality. i feel like our system is so broken, this two-party system. unfortunately, we need more parties in here. we have to break the stranglehold of these cartels. because people are so disgustingly entrenched that they are no longer talking about plans and ideals and how to make the country better. it is literally like "how can i bolster my talking points to shoot you down as fast as possible?" and it's horrible. i was talking to matt welch on my show last night. what are libertarians doing his moment? he said "we're waiting to see if

kavanaugh is confirmed and when he's confirmed we were wait to see how he decides on critical cases." you're not talking about his judicial philosophy. we are not talking about how he interprets the constitution. or how best to move forward in this process. we are busy having this massive overblown tantrum, and right now it's not a good look for democrats. you can spin it however you want. but it really looks bad. if you want to talk about dr. ford, she has been a victim in all this. because this whole thing could have been done confidentially. if the democrats have so much faith in the fbi, she could have taken those allegations right to the fbi at the beginning of this process and not dragged her and her family and brett kavanaugh and his family through the mud. >> jake: people have been trying to contact the fbi for the last week while they were doing this investigation. >> lisa: don't even try that. >> melissa: all right, don't miss harris' interview with white house press e sarah standards. she joins harris live on

"outnumbered overtime." that's coming up at the top of the hour. we have a lot of questions. >> harris: i do, and i want to do some listening. they're working white house strategy right now between now and for 52:00 p.m. saturday. i want to know what that is. >> melissa: new questions over the fbi's handling of the investigation into alleged collusion between the trump campaign and -- what we are learning about the link to the clinton campaign and the dnc. ♪ found in jellyfish, prevagen is the number one selling brain-health supplement in drug stores nationwide. prevagen. the name to remember.

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election meddling. this coming head of the meeting planned for next week between rod rosenstein and house republicans. that interview will likely focus on that, and this, i suspect. >> kennedy: james baker is one of the top heads in the affair. he also played a critical role in obtaining the fisa warrants as well. what business with the fbi have meeting with michael sussmann, who was a dnc lawyer, who also was part of the firm that the higher infusion gps and the dossier which was used to obtain a fisa warrant? what business would james baker have meeting with someone like michael sussmann? >> jake: this is an overblown process story. >> lisa: is that, though? >> jake: the russian investigation didn't even begin with the carter page. he became with george papadopoulos. >> lisa: but this meeting can be for the fisa warrant was obtained. why would they meet? >> jake: you would have to ask him. this isn't a -- >> lisa: what business but

they have meeting with dnc officials, considering the dossier -- >> jake: he says he wasn't even a dnc official. >> lisa: that was the law from that was intermediary between hillary clinton and fusion -- >> jake: they do different things. they have even said he wasn't even connected with the campion in any way. this is a lot of court with radio going on. this is a process story. the substance is that there have been 35 indictments and guilty pleas in this russian investigation and we are all waiting for there to be more, including people, by the way, who have said that they will cooperate with the special counsel and provide additional testimony. >> jake: we also don't have anyone tied to any sort of collusion. kennedy, this does matter. there are questions over the way the pfizer warrants were obtained. the use of a democrat-paid opposition. now we are finding out that one of the guys that worked for the dnc also met with the fbi prior to obtaining that fisa warrant. >> kennedy: i would be just as concerned if this were a republican operation. if this were a law firm hired by

the rnc that went to for an actor to gather dirt on a presidential campaign and paid millions of dollars for it, and then the seam intermediary went to the fbi and said "here's something interesting," and then the fbi launched an investigation and assault warrants to spy on an american citizen, that should be disconcerting for anyone. [crosstalk] >> melissa: one little fact the democrats get wrong. this didn't start with carter page or papadopoulos. fusion gps was working on this dossier before all of that happened. that's actually what got the ball rolling here. >> jake: not the dossier, i'm talking about -- >> lisa: the numbers are in, on a plume and has filed to a new 50 year low. how much the president's policies has to do with this, it also does he deserve to take a victory lap? we are going to discuss it next. ♪ moving. paying the rent.

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>> melissa: speed tomorrow numba moment, but first we're going to touch base with harris on what's coming out on "outnumbered overtime" in just a few minutes. harris question marks be when things are heating up the sour. they say they're feeling optimistic after they voted to move it forward to a final vote tomorrow. he sources the white house now believes it has the votes to

confirm the judge to the high courts. the following weeks of high drama, i will talk with the press e sarah standards of the white house about all that. and, whatever happened on saturday? be sure to enter i energized v. how a sprinkler showdown can affect the midterms come and who benefits from that months. more at the top of the hour on >> melissa: six. melissa? >> melissa: thinks, hair spray look at is encouraging new job never today, the u.s. unemployment rate following to 3.7% in september. that's a 49-year low. the labor department saying that american businesses added 134,000 jobs and that's lower than projected. an eight and half year streak of monthly job growth. this is all great news. see something bad about it. >> jake: this is great, you're right. it's a at half year streak. it started from the depths of the great recession when obama

started chewing on his coming. when a great place now that's great. there is a reason that even -- i'm sorry taking to it a negative place now -- but -- it [laughter] i'm going to do it anyway. there is a reason that even with a good economy that president trump has the low's approval rating of any president in the modern era at this point in his tenure. it's because people -- >> it's not true. it's not true. he is actually right where clinton and reagan and bush and obama were at this point in the presidencies. rasmussen has about 50%. >> jake: rasmussen has been all over the place. >> melissa: one thing addressing about the comedy right now that baffles me is the idea that we have accelerated to this level. we have been told that we will be this nation that college grow 1%, and generally after a recession you see what we call a bee-shaped recovery. kind of at a standstill. it's easier to go faster and accelerate faster from the standstill that it is if you are already running.

this acceleration here. even the employment rate is what is really staggering. it kind of shows you what an impact regulation has on the market and the economy. >> kennedy: that's my question for lisa boothe. now that we have a democratic operative here, if hillary clinton were present, do you think you're busy this kind of economic growth? >> lisa: no, i don't. i think the key differences, obviously, most and you can see from this business background. the key difference here, one is the deregulation that we see at a present terms that we certainly didn't see under obam obama. >> kennedy: would she do anything with texas? >> lisa: of course not. >> jake: he's one of the wealthiest people in america and the largest corporations. he lives in new york. >> lisa: look of a confidence index as well with businesses and it manufactures, they feel more confident. if you milk more confident, you are more inclined to expand your business. more willing to spend money, as

well. those are key difference is that we didn't see under president obama when he was destroying small businesses with regulation after regulation. >> jake: all the way to recovery. [crosstalk] >> he was resentful small businesses. >> jake: that's absolutely not true. you know exactly what he was saying, that -- [crosstalk] i'm doing the classes right now, it's okay. we didn't see this kind of boisterous gdp growth that we always do with his administration. there were other measures that lisa has touched around that you just didn't see during the obama era. >> jake: he saw the same trajectory as now, we just got to a higher point -- >> melissa: if you look at the facts would come out of the federal reserve, the divide between rich and poor expanded massively under president obama. median income fell.

we had the slowest recovery. if you look at the economic metrics, the last administration really does a lot of blows. >> we've got more outnumbered in just a moment. stay here. cosentyx can help people with moderate to severe plaque psoriasis find clear skin that can last. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor about an infection or symptoms, if your inflammatory bowel disease symptoms develop or worsen, or if you've had a vaccine or plan to. serious allergic reactions may occur. how sexy are these elbows? ask your dermatologist about cosentyx.

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thank you for that, you are a good sport. if we are back here on monday at noon eastern, but for now, here is harris. >> harris: fox news alert, the nomination of brett kavanaugh clearing a key hurdle and setting up a final vote for tomorrow. but not without some last-minute drama. we are going out numbered over time here. the suspense is gripping. in the margin was so slim, 51-49, the senate voted to advance judge kavanaugh's nomination for that final vote. democrat joe manchin joined republicans, susan collins and jeff flake in voting yes to and the debate appeared republican lisa murkowski voted no. but what they will do tomorrow is still at this point unknown. senator collins said she will announce her final decision on how shall vote tomorrow at 3:00 p.m. eastern today. and as