griff: her speech will go down in history and george sorros and spartacus, and say it with me, supreme court justice brett kavanaugh. that's how -- rachel: exploding! griff: we'll be back tomorrow. neil: all right, just hours away from a judge becoming an associate justice. right now on the left of your screen protest outside on capitol hill they're not allowed inside the senate today and on the right, where the vote will go down we're told about 3:30 or so easter time a little bit earlier than scheduled again it could be an event you never know though because as our washington or capitol hill producer has often reminded us there are twists and turns, none major today that could risk this nomination, not being approved albeit a narrow margin but approved just the same.

to capitol hill with the very latest. hey, chad. >> as you say this vote is probably going to come a little bit earlier than we thought. the senate has been around the clock since yesterday, been in session all night so that vote should start about 3:30-4:00. they will close the vote about 15 minutes after that we think we know what the vote totally will be, one present republican lisa murkowski of alaska and one absence steve danes, republican of montana. there's a pairing of votes and this is why the vote breaks down the way we expect later this afternoon. danes was supposed to be in montana for his daughter's wedding he's for the nomination. senator murkowski is going to be here she's opposed to the nomination so the phenomenon is called pairing a vote or a live pair where you have senators on opposite sides of an issue and if one is not present they might enter into this agreement where they say all right, you're away we will offset your vote i'll vote the other way so what will happen when they call senator

murkowski's into in she will announce she's present but we will also say she's opposed to the tammy bruce it nation and were senator danes here he would vote in the affirmative so this would take about 20 minutes after they cast the vote and start the vote there, 3:30-4:00. the senate is what we call where yesterday they had this procedural vote that wrapped at 10:52 in the morning and by rule , you get 30 hours of debate afterwards so the senate has been in session all night long, where democratic senators have been speaking, gary peters the democrat from michigan was speaking a few moments ago and i see another senator tammy baldwin a democrat from wisconsin has just taken the floor mostly democrats but what they will do is enter into an agreement as they get closer to say we're going to step up this vote and they start about 4:00 neil. neil: chad thank you very very much protesters were rallying outside capitol hill ahead of this vote to jillian turner on their numbers and whether they could swell certainly by later this afternoon. what are you hearing? reporter: now i can, nice to

join you, neil. it's a little tough hearing you just so you know there's massive crowds behind me. the thing about these protests, neil is it's only 10 a.m. in the morning and they have grown, i've been here since 5 a.m. in the last hour, we have seen thousands of people pitch up here on the lawn in front of the capitol building right now i'm nestled kind of directly equal distance between the supreme court and the capitol building and the reason all these protesters are outside today is because the senate building are officially closed to the public. it's an interesting note i spoke to capitol police earlier this morning, and they told me the reason that this is happening, the reason they closed the buildings is because they are at capacity. they don't believe that after pulling 20 hour shifts all day long over the past week, they can actually handle the amount of protesters they're anticipat ing showing up here today so everybody is now convening in various groups outside here. the group behind me is probably a few hundred people. i don't know if we can get a shot of them there.

they just showed up in the last 20 minutes or so. they're doing some readings. people are sharing their own experiences with sexual assault. i spoke with one gentleman a few minutes ago, i want you to take a listen to what he had to say about why he's here. >> i was a 7th grade social studies teacher and i would want them to come and see peaceful protests and feel free to come and give voice to their opinion. reporter: he also told me that when he comes to protest like these, he thinks of his students and the example he would want to set for them. the key operative word there is "peaceful." all of the protests that we've seen today and yesterday for that matter have been very peaceful. everybody has been on their best behavior. no violence, no confrontations. a couple of heated moments but everybody eventually simmered down. i'd also be remiss, neil if i didn't mention to you the diversity we're seeing here. yesterday we saw a lot of folks who were with the women for kavanaugh movement. i've not been able to find any

of them today. today seems to be so far all about anti-kavanaugh protesters. all sizes, all shapes, all different walks of life. americans, non-americans, men, women, lots of families, people are really turning out today. i think over the course of the day we're going to see thousands more people. we'll keep you updated neil. neil: all right thank you very very much. let's go to iowa republican senator joining us from capitol hill. senator you are for judge kavanaugh and approving him to move up to the supreme court. one of your colleagues, lisa murkowski, the only one of republicans is a no. what did you think of her argument against the judge whenever are other republican, including yourself, was for him? >> well, i sat through the brief when we had the seventh fbi investigation, the supplemental that came forward sat through those and there was absolutely nothing that corroborated any miss-doing by judge kavanaugh and so the case to me is pretty clear that we

have a very qualified justice. i think he is well-qualified to serve on the united states supreme court. i think that many of my other colleagues saw the same, and for those that differ, maybe they are trying to make a statement but i do believe that we will confirm judge kavanaugh to be our next u.s. supreme court justice. neil: you know senator, i know the different state and you don't get involved in those sort of things but we've already gotten an idea that a number of prominent conservatives are upset with lisa murkowski's move including sarah palin and that she could be entertaining a challenge to senator murkowski in 2022. what did you make of that? >> well i think that any senator that maybe steps away or has different thoughts about any large issue facing our nation is subject to challenges from various people whether it's through a primary or through a general election. but again, as i look through the evidence that was presented,

those 302s from the fbi, everything seems very clear to me that judge kavanaugh should be our next supreme court justice, so of course there will be challenges and that is up to the people of that state to decide who they want best to represent them. neil: that's a very judicious response senator. let me step back a little bit. you know, much is made as it was during the clarence thomas, anita hill back and forth in 1991 and the impact on the 92 elections about would this hurt republicans. you were among those saying it would not and that's a different case. could you explain? >> well absolutely. this is again quite cut and dry. if you actually look through the information that was presented in the united states, we're presumed innocent until proven guilty and overwhelmingly to me, it didn't show that there was any wrongdoing on the part of judge kavanaugh so we need to

look at the facts and we need not to convict somebody based on baseless allegations. we certainly want survivors to be heard. that is very important to me, but understanding that again we live in a nation that values the fact that we are innocent until proven guilty. allegations that they are posed out carelessly, we shouldn't base decisions on those. it should be based on fact. neil: yeah, the irony might be to your point, senator, the house is always a difficult one to call that race but it's possible that republicans pick up a cup of seats in the senate, whatever happens to the house. what do you make of that? >> yes, absolutely and i do believe that we will pick up seats in the united states senate. we will be stronger through this exercise and i think we can gain momentum in the house as well. i think we have seen that in the last several weeks with the really the miscarriage of justice, the dragging of judge kavanaugh through the mud, placing his family in a very

very difficult circumstance, and the way our witness, dr. ford, was mistreated by dianne feinstein and the democratic staff, outing her when she wanted to remain anonymous to share her story, it is shameful, shameful on the part of democrat s and the american public will see that, they will go to the polls and vote their conscience and i think we will gain seats in the united states senate. neil: you know, you probably heard your colleague maine senator susan collins had to say about that letter getting out that she suspects a number of folks but not senator feinstein. what did you make of that? >> well i think that susan collins, senator collins of maine is a very very well- respected woman, and she laid it out yesterday in her beautifully-done speech and show ed her support for judge kavanaugh and she did point out a few things that the democratic

staff, senator dianne feinstein had done as well to really out dr. ford and it was a very unfortunate circumstance but again, i have the greatest respect for senator collins and many of us, as we congratulated her on her speech yesterday afternoon, i had tears, coming down my cheek, because i thought it was so beautifully done. it was very heart-felt and it really discounted every every point that the democrats were using to vote against judge kavanaugh. neil: finally senator you've been very very busy and we appreciate the time but it looks like this vote will come down to 50 yes, 48 no, and then of course this unique situation where to recognize steve daines of montana going to his daughter's wedding and of course lisa murkowski they're not included in that 1-1 split leaving that aside though it will end up being one of the closest votes to a supreme court justice or associate justice ever you'd have to go back to stanley matthews in 1881 for a

closer contest that was a 24-23 vote i remember because i covered it but anyway, my point was that are we ever going to get back to the bigger numbers that used to be routine, the 97- 0 votes that were almost the norm, or under democrat or republican administrations for supreme court justices? i know clarence thomas in the 52 -48 vote after anita hill was a unique case but this is increasingly common now. >> well neil i wish that we could get back to the time when we were confirming justices to the supreme court based on their qualifications and not politics, and that's what we have seen with this particular nomination. it's all about politics. it doesn't matter what the facts are. it doesn't matter what the issues are. it is about politics, and we have got to get beyond that. we've got to start working, better together as the united states senate. this really was a very shameful process by the democrats.

i want to commend my senior senator chuck grassley, chairman of the judiciary committee for running such a smooth process in the face of adversity. i think he did a phenomenal job, but bottom line, neil, we have got to do a better job in the united states senate. neil: senator joanie earnst, thank you very very much good luck with the vote later on today. >> thank you neil. neil: the beautiful state of iowa. this is not over, a number of democrats have been talking about the possibility that if they were to seize, for example, the house they could investigate that's right, investigate, the supreme court associate justice. what does that mean? after this. >> ♪ ♪

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neil: you know, this isn't over. a vote today that is expected to make the judge and associate justice doesn't mean it's all over after that. for example, if it were possible for the democrats to seize the house in that event, new york

democratic congressman would be running the house judiciary committee and in that capacity, he has already said in a number of interviews he would pursue an investigation of brett kavanaugh when he gets the gavel. what we don't know is what that means, what is an investigation of what and into what? harvard law professor and author of the case against impeaching trump, alan dershowitz with that alan very good to have you. thank you. neil: what do you make of what he's getting at here? what would he investigate? >> well i think it would be a good investigation and a very dangerous investigation if he looked at the process of confirmation, of judiciary nominees, to try to improve it. that would be a good thing. if he looked at trying to increase the scope of background checks on nominees, for example, have them check much more extensively before they're nominated and an ongoing process during the nomination to avoid surprises that would be a good thing but if this is an attempt

to punish and get even with the judiciary nominee who is in a close vote it would really undercut the process of confirmation and introduce a new kind of mccarthyism into the process. the idea that congress would re- investigate the sexual allegations or as some of you have suggested offer impeachment resolutions. first of all you can't impeach a judge for what he did or didn't do when he was 17 years old, impeachment operates for what the judiciary officer does while serving as a judiciary officer, perhaps, perhaps during the nominating process, but it wouldn't be appropriate to look at whether judge kavanaugh committed perjury. that would be something for the justice department to lack to not really for congress. they don't have the skills and the investigative authority to investigate crime and if they're going to investigate crime, let them look more broadly. let them look at the third woman

that michael avanati presented who it may be that she never even met this man. it may be i'm not saying she did but she made up the whole information. and if we're going to have an investigation let it me non- partisan and broadly based but i think if there's an investigation it's much better to look forward, see if we can improve the process rather than just relitigate the past. neil: it seems like a good man it are trying to re-litigate the past, allen, they've even gone on with dr. ford to say since there is no statute of limitations on issues on like what she alleged happened in maryland decades ago that she could make a criminal charge now and they could pursue all of that to this day, and try to go after supreme court sitting associate justice. >> first of all that's probably not true. the charges that were made by av anati are not barred by the statue of limitations. the charges made by ford probably are and no responsible

prosecutor is going to look at a case that's 30 something years old and that's clearly political ly motivated. avanati has challenged people who doubt his client to sue him because he wants to increase his 15 minutes to 30 minutes of fame , but that's not going to happen, but his client, if she wanted to, could sue as well, for statements that have been made, but this is all just trying to rehash the past. i think we're going to look forward. look i would not have myself nominated judge kavanaugh, i'm a liberal democrat who wanted to see merit garland on the court, but i think that he now once he's confirmed, has an opportunity to go forward and be a very good justice and distinguish himself on the court , and i think we should all give him that opportunity. i'm also particularly furious as a 50 year professor at harvard

law school of successful efforts to ban him from teaching at harvard law school. that reminds me of the mccarthyi sm that i experienced when i was a student at brooklyn college. if you suspected someone having been a communist in his 20s that was enough and that's what the students are saying. suspicion is enough to deny him the ability to teach. he had superb teaching evaluations the students loved him and the idea he can't any longer teach or coach his daughter in basketball that's not who we are as a country. we have to look forward and not engage in punitive actions against people whose philosophy we may disagree with. i'm not sure i'm going toric him as a justice of the supreme court. i don't know whether i would have liked him as a professor. it's all beside the point about fairness and a single standard of justice and assuring that precedents aren't established that today are used against him and tomorrow it will be used against people on the other side of the political spectrum. neil: all right, alan dershowitz

thank you very very much. good catching up with you. all right we're focusing on not only inside the senate but outside the senate where protesters are gathering, making one last protest clear, that they are not happy with this process, that it wasn't fair, it wasn't balanced, after this. >> [chanting ] in-laws were coming, a little bit of water, it really- it rocked our world. i had no idea the amount of damage that water could do. we called usaa. and they greeted me as they always do. sergeant baker, how are you? they were on it. it was unbelievable. having insurance is something everyone needs, but having usaa- now that's a privilege. we're the baker's and we're usaa members for life. usaa. get your insurance quote today.

neil: back to this heated protest outside the supreme court of the united states right now. protesters are realizing that it is not going their way, and they might be able to flip jeff flake or someone else whose already

committed to a yes might be a no but it looks unlikely. it looks like republicans have secured enough votes, even though they are going to have the vice president of the united states on hand should he be needed in case something like that materializes but they're not pleased with this and then the question is how do we all get back together after this the fox news contributor, magazine publisher and gop strategist easier said than done, jen, what do you think? >> i've got two words for you neil, mob, rule. you look at the democratic party this week and really throughout the year whether it's maxine waters saying we should get together in groups saying pushback on people or corey book er this week who said we ought to get up in senators faces you have former senate staffers with the personal home addresses and cell phone numbers and potential children's information of these senators, boy i think it'll be quite some time before everyone gets back together, but the unintended affect i think the democrats have had here is they've over reached and we've seen that now

in the poll numbers, we've seen the voter intensity closing the gap here, republicans have gained 10 points just this week with this, and the reason is we look at this and we see if brett kavanaugh could go through this presumably innocent man until proven guilty, if he can go through this all of us can and we are all kavanaugh now and i think that's why you're seeing polling numbers move on that needle of voter intensity. neil: there's always something there can change but kathy do you think and this has been said a lot that democrats overplayed their hand? >> they were not right on this one. two weeks ago, they should of just gone with the vote. there was no need to go forward. it didn't look right. they had the numbers, he was going to be confirmed so there was no need for this two weeks of division in the country it wasn't good for the country it's not good for the country he's going to get confirmed. neil: by the way susan collins of maine argued that whoever released this letter she doesn't believe it was dianne feinstein.

she was trying to provide some cover there. what did you make of that? >> what she said was so moving i think everyone, some people -- neil: someone on that committee did. >> it's unfortunate though that they went ahead with it. it's so unfortunate because it divided the country and it didn't do anything there's a place for protest a time and a place. this is okay what's happening today. they are having their voices heard but disrupting the hearings and making fools out of themselves it didn't work for two weeks. we do no one thing. we do no one thing. >> dianne feinstein did do and that was she withheld the letter from dr. ford. she had it for nearly two months , sat on that. i think the first order of business for the senate after they confirmed judge kavanaugh today is to censure dianne feinstein and conduct an investigation on which member of her staff may have leaked this letter. neil: got to be careful what you wish for right because you already have a number of democrats, congressman nadler among them looking into

the house, and he would run the judiciary committee pursuing an investigation of presumably by then associate justice kavanaugh so the back and forth and back and fourth. where does it end? >> i don't think it's going to end unfortunately. i think that this is going to continue as we're seeing it continue with these protesters out in the street. we already know they have the votes and we already know he's going to be confirmed and yet people aren't letting this know and they aren't letting this go and if the dems do take control of the accept at i think they would try to in preach him. i don't think it's over any time soon. neil: you know what i wonder about is the same behavior they used to say that a lot of trump loyalists would exhibit, violent in your face and getting in politicians and liberals outside their homes et cetera, has actually been the other way around where you have a lot of liberals who get in the face of those senators who are going to vote. >> well both sides seem to. neil: but you would have to say throughout this process, its been unusually heated here, in

your face, even physically threatening here. to a degree that would make you uncomfortable. >> well the country has been in fame i think since we have this reality star who became president. neil: wait a minute. whatever you say about the reality star became president, he did become president and wait wait wait. i'm just saying, what would be the difference then activity you associated with his loyalist versus what you see exhibited now where they're chasing down senators abusing them in restaurants. >> blocking off traffic. >> it's no difference the tea party was guilty of so many things. neil: tea party never threw anyone out of a restaurant. tea party never chased anyone off the subway. they did many controversial things. neil: nothing approaching this. >> well the tea party the birth day movement things were getting out of hand. neil: all right well let's say -- >> laying in the middle of the street blocking traffic, i'm all about the right to protest it's great you can do that in this country but you have people laying in the middle of the

street i feel like you can do what you got to do until you're stopping me from getting where i need to go. went ever protesters lay in the street i hope i have the guts to walk up to them and say you know you're making everyone hate you. neil: but you alluded at the outset this is narrowing the preference gap between republicans and democrats and who takes over washington and we've seen that because it fluctuates wildly. in a mid-term election normally it's the hate that gets out to vote. it's that you could argue just the opposite of what you said that that vote is what comes out and benefits democrats who feel this process was rigged. you say? >> well typically that is the case, neil and we saw that on september 18, a poll was leaked that was presented to the republican national committee, that said republicans this year didn't feel that there was much at stake, and that was an exact quote, that was in the poll. that has changed as we've seen, with the kavanaugh attacks that has significantly changed. neil: but now that he's going to make it?

>> yes the coalition will stick together for the next 30 some days, because we have seen -- neil: 30 some days is an eternity. >> yes it is. neil: you've got to keep that anger. i know some italian families that can keep it going that long >> i believe so, you look at some states they have early poll ing, a lot of voting is already underway and some states in the next week or two, tens of millions of votes will already be cast and this is very fresh in their minds and here is the realize ronnie all of these protests are not organic. we do know now that george sorros funding is behind it. no, we do not. neil: now wait wait wait wait wait, we haven't seen any clear ed or canceled checks. >> no the washington post -- neil: i'm not here to play left or right we don't know whether george sorros is but what we do know is that the vote is now near hours away and what we do know is that democrats risk hurting their image and that's from a democrat i'll explain,

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neil: all right, this is an interesting little poll here it's something that might be called like a passion gap, and there was a great deal of passion that picked up steam when you looked at the ongoing treatment that republicans found very very nasty when it came to judge kavanaugh and it shows you how important the mid-terms are now where there's very very narrow gap between republicans and democrats, where there used to be a casm between the two a little more than a couple of months ago. what to make of that with former clinton campaign chief strategist and best selling author of microtrends squared very very good book i might point out mark thank you for taking the time. >> good morning. neil: what do you make of that? i know these things are volatile when it comes to sentiment about who you'd like to see control congress it can vary by the week , by the day, but the latest trends seem to show a tightening , the converse to that

is since it looks like judge kavanaugh will make it to the court, that anger dissipates a little bit and actually, the democratic side whether it's more anger, what do you think? >> well look, i hope that it's part of the post-mortem of this more democrats will rethink the strategy of resistance and how it played out here. when you look at what happened, susan collins and lindsay graham , two of the most moderate senators actually exploded in anger over the democratic tactics, they were after all the targets for all of these tactics , the idea was to win over republican moderates and instead, they condemned the democratic tactics, go through the facts, and in fact, i think that it particularly lindsay graham quite angry about the whole thing and they represent moderate voters generally in the country and you know, with all of the noise done on the left and the right, never forget that it's the moderate voters who actually will decide things and

why there could well be some backfire here in this strategy compared to having been a responsible, opposition. it would have come out probably the same, maybe those votes, lindsay graham, and susan collins would have switched. flake could well have switched but in this atmosphere, they held firm. neil: you know, we'll never know what we do know is that it's a nasty environment. everyone is talking about the judge's tellerment when he returned to testify after all these allegations but you could say the same about well a lot of folks temperament on the left and the right and the reaction both sides had everyone has to bring it down a little bit but that doesn't seem to get the air play and the attention. it's just a reaction that does. that's not unprecedented in history, but its been common now here, what happens next? >> well, look, in the harvard harris poll 69% agreed that what

happened here was a national disgrace. 75% really thought that the democrats or senator feinstein' office leaked the letter to kick this off. at the same time, they haven't been happy with republican tactics either so i think there's some balance in these findings but unless the senate gets the message that they've got to act more senatorial, the 20% or so approval rating of the senate makes it the lowest respected institution in the country. it's time for democrats and republicans to get together on this, to overcome this, to make votes final, to make democracy look, today's winners are tomorrow's losers that's the history of this country. we're a checks and balances country. democrats will come back. this will happen. neil: but will it happen next month i guess, the latest thing is that this blue wave is still intact and enough to get the democrats votes they need to win the house, not the senate.

are you in that camp? >> well i've always said there's a blue edge. i think this probably set back some of the senate races. i think it really has enflamed the republican base and its given the senators we've seen on the show lots of talking points they didn't have two weeks ago so they've got a message to go out and fight about. i think the house, the democrats still have an edge but let's look at the polling in the next week or two. neil: when you say have an edge we know to gain seats but the 23 in question they need to flip it >> yeah, my polls have shown 7 to 9 points in democratic favor. we haven't seen that change over the last month or so. generally that question over states the democratic advantage. it's probably three or four points. that would be enough to change congress, we haven't seen that change. everybody is going to have to watch these polls quite carefully the next two weeks. neil: you know, mark, you helped work to get a moderate elected and that was in bill clinton and then that was your hope

obviously with hillary clinton but what seems to be now among the democratic party is that they are very very passionate, far far left sentiment expressed by the likes of bernie sanders or elizabeth warren and they all preach from that same choir book now you could make the argument to your earlier point if we're a middle nation, even if you want to argue slightly as democrats who left, middle or republicans do slightly right and middle, that is not a winning formula, on paper. >> well only 27% of the country is liberal. probably half that could be called as "left." if you don't have the moderates in this country, you can't really win, unfortunately neither party is reaching out to those the way they should be right now. look in 98 to give an example i ran the messaging for the democrats congressional race, and our message was progress, not partisanship, and that turned around a mid-term election where we actually gained seats, much of newt

gingrich because we ran against the extreme partisanship. today, everybody seems extremely partisan. the democrats were cruising in, they now look just as partisan as the republicans. neil: but i'm looking at it in the presidential context mark and very very closely that's where i think it could give an edge to someone whose far far far left. >> well that's because of the caucuses that really should be eliminated in favor of primaries , that give activists such an edge. i think the democratic primary candidates have been playing into this, and i think they are also going to be in for a rude shock when they get through the rest of the primaries after iowa , that there are a lot more moderate democratic voters out there than they think. neil: we'll see if this california is upfront in that primary process. mark, always good seeing you thank you for taking the time. >> thank you. neil: all right, on the whole collusion issue and russia investigation, it's always been sort of a rule of thumb here that this, the democrats liked. that fbi they liked.

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well, i don't know what you'd wanna buy because i'm just a guy on your tv. esurance. it's surprisingly painless. neil: all right, this is the well of the senate we're told right now later on that regular americans of any type are allowed into the galleries for the actual voting process later this afternoon. this comes at a time when protesters are gathering outside the capitol and outside the supreme court, but the president is careful to note do not assume all of those are anti-kavanaugh, the president is saying women for kavanaugh, this is many others who support this very good man are gathering all over in preparation for the 3-5 p.m. vote it's a beautiful thing to see and they have not made professional protesters or handed expensive signs, for america. the read on all of that with the former fbi deputy assistant director terry.

there's always a back and forth on these investigations depending on your party perspective there are a lot of people in the democratic party for example, who love these investigations when they were going after donald trump, even though they weren't big fans, in the early days when they were going with hillary clinton and her server, and vie verse a, now who look at what happened in this and say all of a sudden this wasn't up to snuff the fbi dropped the ball so i'm sure you're used to that political back and forth but what do you make of the fbi almost being a per perennial football in this? >> well i think any of us in the fbi are used to that as you said neil and i think what really stood out to me about this week is that with all of this about the hearings and about dr. ford and judge kavanaugh and in the end, everybody wanted the fbi to conduct an investigation and it did, and it didn't make any anybody or everybody happy and the truth is despite that no one has disputed the facts that the fbi collected, and i think it's important that what we witness this week and are still

witnessing reminds me of back in water gate when i was a young clerk in the fbi working in washington d.c. and everybody knows what the mission of the fbi is, neil. it's to go out, investigate crimes and look at supplemental backgrounds like they did the other day or the past week, but its role is to try and provide stability in very trying times because one of the things i learned over all these years of working national security cases and counterterrorism and counter intelligence is that really finding justice and pursuing truth is looking at details. it's not getting involved in the emotion, and that's what we hope the fbi will do and i think that's what the fbi did this week. neil: are you troubled for whatever reason it was necessary so i'm not here to quibble about the now part of the fbi's assignment in futures such investigations what have you go back to high school. go back to middle school go back to whatever? >> it does trouble me because look, we all are different when

we're in elementary school and middle school and high school and there has to be a certain cutoff where you properly assess somebody's conduct maybe in their late days of high school or early days of college. everybody has or most everybody has trouble and has issues in college and things like that, but here is the thing. when the fbi does one of these cases and they do these backgrounds, they've done thousands and thousands of them over the years, they look at all kinds of things they interview hundreds of people and you're pretty sure that you're going to pick up somebody's behavior and patterns during that time and i think they did here and i think they will continue to do that in the future. i think you can count on it. neil: thank you my friend very very much. >> thank you neil. neil: you know a lot of people who say this they look at the markets and say well this has nothing to do with what the markets were doing and gyrating on. i beg to differ i'm going to show you some proof this had more of an impact on markets this week than you think, after this. is, tennessee,

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neil: all right, i want to show you a chart because i love chart s and this always bothers people, this won't rate neil this won't rate i guarantee this is an interesting development and the markets and their swings have nothing to do with what's going on with this judiciary nomination and i would agree with that, bigger things like trade, the backup in interest rates that has a lot to do with it but it was punctuated by movements in where this nomination was going first yesterday, when lisa murkowski had come out against, against the judge moving up to becoming a justice and then turning around ever so slightly when the senate voted to move ahead, get out of culture and get this thing hopping, and then up a little bit more when jeff flake said that he would be a "yes"

and much later on, when maine senator collins had indicated in that speech with only minutes left of the trading day, to say she would be a vote, and i'm not saying that for the entire market but i am saying it was among the factors and can't be ignored as a factor. we've got christina partsinevelos here, and cpa and market analyst, dan, what do you think about a little bit of a tactic? >> i think it is. i think the bigger picture here, neil is the market is looking at whether the president can keep his party together. it's not necessarily about kavanaugh. it's on the other issues, the other economic issues potentially tax cuts 2.0. can the president keep his party united? i think that's the message that the market is reading into this with what happened. neil: and this is united republicans on a political basis and you could argue that that sort of reinforced the things that the street wants but what do you think? >> no i think i agree with what

dan is saying it's about keeping the party together that keeps certainty within the mark etiquettes and we all know that's what the stock market wants is certainty but there are slight underlying indicators that the this case, this hearing and this supreme court nomination is having an impact on the markets, the day of the hearing you saw volumes drop significantly. neil: right they all ran to the television screen right. so christina what would you talk to traders or investors what are they saying about this back and forth? >> well because i was on the new york stock exchange reporting yesterday all day and yes it was on all of the screens but that's because they are either watching fox business or cnbc or bloom beg and everybody was playing it but i don't really believe you may have saw that the drop in volume but i don't believe that it's going to do anything right now. yes, it could motivate whichever party loses if we make this a partisan issue, and kavanaugh is seen as anti-government, anti- regulation so as a long term strategy, it could be good for the markets, so it's a positive but i think that's a stretch.

right now, i don't, like nobody was really talking about it. it was on the floor making fun of how long this speech was going on for. literally. neil: it was a long speech one of the things all i'm getting at is i know the markets like some degree of certainty, i think the uncertainty if he was doomed, would obviously you'd have to get another candidate going and all of that. would that have been sort of like one of these so-called black swan developments of the markets that they didn't see it coming? >> yeah, i think so. i really think that in spite of there were some blips along the way neil i think the market really expected this was ultimately going to go through and as a result of that, as it started to go that way, the market started to show that, but it wasn't like we had a super drop here, where there was so much concern. neil: no by far the issue is interest rates and worried about the strong economy that's the bigger thing. >> exactly there's other things really largely driving the market. trade has been one we saw the market react positively once we had the nafta deal renegotiated

and then of course interest rates moving up to seven-year high on the back of that. neil: is that a worry for you the interest rate situation, the fed chairman this week, but before this started evaporating talking about that we're a long way from neutral hinting we've got a long way to go. >> even the 3.2 something and change interest rates are still very very low by a long term standard and what we've seen in the market with regards to the market anyway you have to see the 10-year get closer to 4% to really see investors move out of the stock market and really into other areas. neil: that's a worry it goes higher. >> just to that point you brought up jerome power the chairman of the fed there was a study that came out from jpmorgan that looked at markets dropped after he spoke and they calculated markets lost $1.5 trillion after he gave three speeches but overall obviously an up-tick so it's interesting just numbers. neil: guys thank you very much. see you soon again we're waiting for a vote the protest movement started to slow, us getting big.

we're told a lot of them are going to be able to go to the well of the senate and be in the upper galleries as they're called where they have to behave and be quiet, you know how that goes we'll see. more after this. ...

>> you are looking live at washington d.c. to the left of your screen, protesters gathering outside the united states supreme court. inside the well of the senate, it looks like ed markey the democratic senator of massachusetts speaking and taking advantage of the 30 hours of time since the whole cloture vote and making it clear that he thinks this is a mistake and the promotion of judge kavanaugh to become an associate justice is a big mistake and something that republicans will regret. the president of the united states himself has already responded to these developments today. kevin corke at the white house.

>> always good to be with you. the final four or as some call them the fence sitting in. if they vote as expected, brett kavanaugh will become a supreme court justice. they'll be watching carefully throughout the day on fox news. you mentioned the president actually weighed in on what's going on. i'll tell you about that in a moment, but first, let me just say, this has been a momentous week for the trump white house. so much happening here this week, obviously, people watching with great interest, what would happen over on capitol hill and i can just tell you this, those final four at that we've talked about, flake, murkowski, collins and most notably, joe manchin, well, three of the four there, say, yes, he will vote aye today. and murkowski will vote present although she made clear in her remarks she will vote no.

probably a 50-48 with one present and the missing vote there would be senator gaines, he is at his daughter's wedding and his vote would not make a difference. and the main get is senator susan collins whose impassioned speech on the floor set the tone for the vote. sara sanders, the white house secretary took to twitter to offer a personal thanks. thank you, senator collins for standing by your convictions and doing the right thing to confirm judge kavanaugh. speaking of, we've heard this morning that the president has, in fact, had a chance to speak with his high court nominee. >> the president did speak with brett kavanaugh. i know it's one of these moments, again, that i'm incredibly proud of working with this president who has stood by judge kavanaugh, has really made it a point to explain to the american people why judge kavanaugh is the right person at the right moment for the court.

it's such a huge win for the president, but not only for the president, but for the nation, for the american people. >> now, the white house is expected to be fairly quiet ahead of the president's trip to kansas for that big rally over in topeka. we'll have live coverage and a white house official told me not long ago that we should expect the kavanaugh confirmation should be a major topic of conversation in the state. and the president on twitter not long ago, women for kavanaugh and others who support this big man are gathering over capitol hill in preparation for the 3:00 to 5:00 p.m. vote. it's a good thing to see they are not paid professional protesters who are handed expensive signs. big day for america. my colleague john roberts and i will be here. john draws the short straw and he'll be here late into the

night. we'll be here for you. neil: thank you very much. kevin corke. you'll find our gillian turner. and the crowds to the prediction are beefing up today. >> since the last time i speak to you about an hour ago, thousands more protesters have descended hereupon capitol hill. i'm standing right across the street from the supreme court. you can see the protesters there over my shoulder. i have to tell you, i have encountered every type of protester so far this morning, men, women, old, young people, conservatives, liberals, lots of families. i've fun into at least 100 families, some with children and babies, some with dogs, that have come here to gather to protest judge kavanaugh. what i can tell you, neil, i've been here since 5:00 in the morning, six hours, i've net to encounter a single pro kavanaugh protester today. i encountered them yesterday, but not a single one.

i was talking to a protester a few moments ago and i want you to listen to what he had to say. >> to me, that investigation is representing a sham. there's no access to look through the results of the investigation, not sufficient access. >> then how can we believe that this is okay now? the fact that kavanaugh is being-- judge kavanaugh is being confirmed today? how can we believe, right, as a nation that this is happening, that this is happening in a legitimate process? >> neil, i have to tell you that i've spoken to a whole lot of protesters today who told me they have no plans to go anywhere today, this afternoon. they plan to be here well into the evening after the vote they plan to stick around. they're going to converge at the supreme court behind me. we found out earlier that the senate gallery is going to be open during the vote. the senate building's also shut down. so everybody here to protest

today is going to be right outside behind where i am right now. neil. neil: all right, gillian, thank you very, very much. just to let you know, some of those protesters will be allowed in of the galleries of the united states senate we're told. we don't know how many. there is a strict rule about that and how that should go down. i think that chad can update us on that. chad, can you hear me? >> yes, affirmative. neil: what will that be like? >> well, i just walked past where a lot of the folks coming in to see the senate are queueing up. it's a public meeting and high profile or low profile events it doesn't really matter so there's a small group of people lined up in the hallway on the third floor of the capitol to file in. people can come in on a first come, first serve basis, but the house and senate office buildings are closed to the public. they're only open if you have an official reason to be there. you're there to talk to the senator or you're escorted.

so people can run and watch the session. the capitol is opening to typical tours on a saturday. there's a small contingent of tourists walking through the capitol right now on guided tours and the russell rotunda -- excuse me, the capitol rotunda and the old statuary hall. neil: chad, the decorum for those in the galleries, what are they restricted to do? >> you're not allowed to take electronic devices in, they're not allowed with notebooks. and even reporters are not allowed to take our phones. we can take a pen and paper and leave our phones outside in the senate. and a brief rundown what is expected and they say no expressions of approval nor disapproval are permitted. you might have noted yesterday before and after the cloture vote on brett kavanaugh, the republican from west virginia presided and she noted no

expressions of approval and disapproval in the gallery and as susan collins began her remarks, several protesters got up and nt chanted and six people were arrested. and they brief you, you can listen quietly, you can't take notes and if you cause a disruption you will be removed arrested probably. neil: thank you. >> my pleasure. neil: we're waiting around for the vote at 3:30 p.m. or so. we already know who are the yes and no votes. claire mccaskill, the democratic senator from missouri said some time ago that she would be a no vote and this issue would not be a factor and josh hawley is opposing her for the seat. and we did put out a seat to senator mccaskill, have not heard back. but what is your sense of that decision on the senator's part to say no to the judge?

>> i think it's-- i think it's a terrible betrayal of the people of missouri. the people of this state voted by president trump by 20 votes because they trusted him to nominate pro constitution judges to the supreme court. she's been wrong for supreme court nominees and she's 0 for 6 and an example how she sides with the liberal radical left of her party, rather than the people of the state. neil: there are times when you make it to the senate, the people of the state are thinking one thing and you as someone in the middle of the battle are thinking another thing. which do you defer to, your inner conscience or the will of the people of your state? >> well, you've got to do what you think is best for the people of your state and that means doing what they want you to do or at least good for them. in this case they have been very clear, the people of missouri that they want pro constitution judges on the bench. it's a big part, neil, why folks voted for president trump in this state by 20 points and for claire mccaskill, this isn't j us one vote, it's a pattern. it's a pattern of ignoring,

whether it's justice gorsuch or justice kavanaugh, whether it's tax cuts which she voted against. regulations on farmers which she voted to keep in place. she's consistently, with the liberal left of her party, rather than with the people of my state. neil: it's always a conundrum for senators, i don't mean to belabor the point, but "impo-cure" yus at what point would you say or that issues could come up, where you disagree with the people in your state where you don't think it's right. >> you've got to do what you think is best for the folks of your state. that's the test. what is it that's good for missouri. what is it that missourians need and in this case putting a pro constitution judge on the bench, it's what they want and in their interest. we need somebody who is going to protect missouri values and protect our second amendment rights and all of those things are at stake and make sure that

our borders are secure and the executive branch and that the president can actually control immigration in the country like the law says. all of those things are at stake and missourians know it and that's why they want a pro constitution judge on this bench. neil: a lot of people think even if he makes it to the high court, much has been made of the dust-up of the clause, and should the house switch and democrats run the show that he would lead an investigation into judge kavanaugh. now, i don't know what he meant by that. he hasn't really outlined that, but it seems that they will not let go even if he makes it to the high court. what do you think? >> you know, i think this is a window into the liberal democrat left. they will stop at nothing to take back power and frankly, neil, to overturn the results of the 2016 election because that's what this is really about, it's what it's about for claire mccaskill. they've never accepted the way the people voted in 2016 and

they want to stop this president from getting any people on his list for the supreme court or the lower courts. whether it's impeaching judge kavanaugh, impeaching the president himself, their agenda is to seize power and overturn the 2016 election results. we cannot allow that to happen, if we do, we don't have a democracy. neil: if you head to washington and win this, would you want to make mitch mcconnell your leader? . i said i'm not going to pledge my vote to anybody. i am for the people of missouri. i go there as a voice for them and i don't think it's right to pledge your vote in advance for this person or for that person so i'm not pledging votes to anybody in leadership. i'm pledging to stand up for the people of missouri and to do what they want to do, to do what's in their interest and to be a fighter for them. neil: all right, does that mean that you'd be looking just as equally to alternatives to mitch mcconnell? >> look, we'll see at the time. let's win this election first and do what we need to do and defeat claire mccaskill in 31

days and then turn to the agenda that missourians want, getting pro constitution judges on the bench, securing the border and bringing health care costs down. i'm for anybody who can get those things done. neil: josh hawley, thank you very much. again, the republican candidate for senate in missouri. we did reach out, as i say, to the incumbent senator clare mccaski mccaskill, and it was a no, i thought we were waiting, it was a no. and as chad reported sometime between 3:30 and 4:00, depending which senators yield time, if they yield time, again, the vote is going to come out, 50-48 and the president is expected to make remarks on that vote either on air force one or arrival at topeka, kansas tonight and they would decide when the swearing in would take place, monday or

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>> all right. the white house on the right of your screen, senator ed markey of massachusetts, this is the time, their moment in the sun where they each get to state their position and why they're going to vote as they are. and senator markey, a no vote on the judge. this could end around 3:30, 4:00, and they get right to the vote and we're told the white house will be watching that very, very closely and they expect the judge to get the number he needs. 50-48 vote. and one senator who is know the there, and one is definite no. 1-1 split. and a story, and the president whether he'll make a formal statement on air force one, whether he arrives for the rally and when the swearing in will be. we're learning that our john

roberts would report swearing in would be monday or tuesday. where does this all stand? a familiar face to all of you, and a breath of fresh air for us, because he can answer our dumb questions and put this in perspective, the former u.s. chief attorney andrew mccarthy, without revealing anything, you don't count your chicken before they hatch. we've seen a lot of twists and turns here. is there anything that you enqvist that could disrupt this process? >> no, but what this process, i think, has taught me or reminded me, and hopefully reminded all of us, we don't know what we don't know. and when you're talking about if things go swimmingly well today, neil, it's going to be 50-48. the rule of law will defeat the mob by 50-48. anything unpredictable that happens, we have virtually no margin for error. neil: one of the things that's come up, too, is the closeness of that vote and that an

asterisk next to the judge's name, and clarence thomas has an asterisk to his name, the vote in the senate, but he's on the high court. kavanaugh would presumably get on the high court. what do you make of that? >> i think part of the reason this has been such a pitch battle is that the work that the supreme court actually does overwhelms ultimately these confirmation battles. so, when we think about kavanaugh in the years to come, it's not going to be over what we've seen in the last three weeks, it's going to be where he comes out on these monumental decisions that the court has to make. and i think the substance of those rulings will be much more important to our here and now than how he got on the court in the first place. neil: that's interesting. let me ask you then, these protesters are gathering and i think if we can show it outside the supreme court, they're getting bigger and bigger by the moment and i'm wondering, would

we see these crowds if not for the charges of dr. ford the last few weeks and how it's turned the whole process around? by your argument, you're saying we probably would just because of the crucial nature of this swing vote, right? >> i think the crowds are a reflection of the fact that the supreme court is more important than it ought to be in our constitutional system and has taken on a kind of a superlegislature role. if we think about it if all we wanted were legal craftsmen looking at precedence and applying them to facts, there wouldn't be any reason for a single person to be out there much less a crowd. what they expect is that the crowd and fueuhr -- fervency of the crowd. neil: and do you think that looking back, looking high school back that that's been established? >> no, i don't think it's established for kavanaugh. i think it would be particularly

if you had a right-leaning judge replacing a left-leaning justice. it would be no holds barred. and i expect on other circumstances we'd have the more traditional process. neil: i don't know, i think now that we've opened that gate, you know. >> again, if a right-leaning judge is on the court especially to replace a left-leaning judge, i don'ten that high school will be far enough back to go. neil: all right. you have to defer to my legal expertise. >> i do, i do. [laughter] >> like i know what i'm talking about. we are following the crowds, we are following the senators and we're following that vote, but hours away. that would make this man an associate justice of the supreme court of the united states. stay with us.

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for about a half hour ago, chevy chase maryland, outside of judge brett kavanaugh's home. suv's lining up to take him somewhere. i don't know where he plans to be for this historic vote, whether he'll be watching from the senate, whether invited to the white house. i have no idea. but this is him leaving his home, again, i say about a half hour ago. i wonder how neighbors feel, whether you like him or not, i mean, just the concentration of media and the precedent. people don't like us on a good day so i'm wondering what it's like with a nonstop crowds dealing with us on a commotion day like this? and back with us, kat and kathy, and we should switch back to capitol hill where crowds are gathering outside of the supreme court. they're inclined not to be supportive of brett kavanaugh, but there are plenty of protesters protesting the protests. a set number will be invited to

the gallery of the united nations senate. can't bring signs or electronic items, notebook and paper, can't bring any of that, but can sit and watch that and owe ststensie quiet. we will see how that goes. it's 3:30, 4 p.m., it's a loosy goosy target and there could be a close vote and then brett kavanaugh on the way to the supreme court. and what's the fallout for the republicans? >> i don't think there is much fallout for the republicans. i think the fallout is chiefly towards the democrats. if you look at even the generic ballot poll number, that fell and tightened over the week. democrats are now only ahead by two points on the generic ballot according to invests business daily and a couple of other polls and nate silver at 538 thinks there's a built-in bias in favor of democrats of about four points in any given midterm

election, if you look at the two point margin you add in four points from 538, and it is a horse race, and that's not something democrats were expecting to have. if you compare that to the 2010 elections, midterms and the 2014 midterms, democrats are now going worse in this contest than in both of those and in both of those, they were about 10 to 12 points ahead on the generic ballot around the same time and they lost to some of the largest republican majorities in both the house and senate. so, it does not look good for democrats headed into the final month. neil: you know, kat, you could argue, i don't know how to to jen's point, affect the vote in november. i do know it's galvanized the republicans to be on the same page, used to be the moderate or statism wing of the republican party and rebellious crowd that was donald trump to the white house. they were angry at the same time and on the same page and all

pushing the same cause. in a different sense it's united republicans as never before. >> right, there's been so much talk about saying democrats have been so motel -- motivated by this and i can't believe you're pushing this through, a lot of the things that the protesters are chanting. a lot on the right are upset seeing this as unfair attack on judge kavanaugh and smearing judge kavanaugh and maybe could happen to them or someone in their family and they see it with just as much passion as people on the left do. and the republicans need. and polls showed that voting enthusiasm is higher among democrats. it's high among republicans, but higher among democrats and i'd be interested to see how the polls are. neil: but usually midterms, it's anger that get people to go to the polls. and the economy is firing on all cylinders, the markets in the last days, but.

>> people are angry on the left, but people are discounting how angry people are on the right as well. >> and i think that's the gift that democrats gave republicans this week, and now we have that x-factor, that anger that's going to drive republicans to get up off the couch and get out and vote and i think the other x-factor we're seeing here, look at the backbone that president trump has given to republicans. two years ago, i think that the g.o.p. senators, no offense to them, would have folded like a cheap tent, instead, we see in mitch mcconnell now has a sense of humor and is pushing back. senator lindsey graham gave a remarkable speech and pushing back and john cornyn pushing back. two years ago, i don't think they would have had to the strength to push back. and donald trump, he may be brash at times, but given people the resolve to fight back and not be pushed around and bullied. >> right, but these hearings were always going to be about the midterms, who is going to control the senate not the

supreme court. so it's going to be a circus and everyone was going to put on a show and the democrats were going to say what they want today say for their audience, for the constituents and the g.o.p.s-- >> it does seem like professional wrestling and the prescripted part and-- >> i don't know that the president necessarily did it. they were getting ready and knew this was coming up and dr. ford came forward and that turned everything upsidedown. neil: the unsung hero is mitch mcconnell, and i don't know if that's the catalyst-- but merrick garland, and didn't take up the nomination, and how he paved the way to make sure that neil gorsuch would get a vote and handled this even when it looked like it was falling apart. he knows the business, he rules the senate probably better than anyone and he made this happen. that's my opinion, what do you think? >> yeah, i completely agree we're seeing much more backbone from mitch mcconnell than in the past. if this would have happened

before president trump, they would have had brett kavanaugh withdraw his nomination. neil: i respect your opinion and i think that mitch mcconnell has more moxie and quiet shrewdness than he gets credit for and he stuck with the system and urged the president to be patient with the system when not so cooler heads at the white house were going bat you-know-what. >> they needed this, needed kavanaugh before the midterms. neil: i think that the president should think twice about yelling and screaming at this guy. >> i think in the future he might scream at some at some point. neil: if you want to know victors and those who made this happen if not for mitch mcconnell, i don't think it would have happened. >> i agree. and mitch mcconnell and his wife elai elaine chao has been victims of this. neil: i love the way he responded and his wife

responded. get the-- >> i love elaine. neil: the crowds are getting bigger, the senators are winding down here and they're getting their opportunity to state their case, but the case seems to be like this. the judge is going to be a justice. ee access to every pl. yeah, that too. i want to know what i'm paying upfront. yes, absolutely. everything you want. one low price. td ameritrade. ♪

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wisconsin, where ice dams could cause water damage. but no matter what park you live on, one of 10,000 local allstate agents knows yours. now that you know the truth, are you in good hands? >> all right. you're down in washington, one of the lucky few chosen to go to the gallery to witness history, well, your doors have opened. we don't know how many will be allowed in. we do know that the senate gallery is about half full. i don't know how much that means in terms of numbers. we'll keep you posted on that. garrett tenney is live on capitol hill with the latest as crowds gather outside. garrett. >> yeah, neil. senate republicans are not ready quite yet to bust open the champagne bottles, but after nearly three long months, they do believe that they have the votes needed to confirm judge brett kavanaugh to the high court. if that happens, this afternoon, what we expect to see happen over the next few days is he

will take part in a couple of swearing in ceremonies. he will take two oaths where he will be a judicial and then a constitutional oath and then he'll be able to take his seat on the high court the following day, which is expected to be tuesday, possibly wednesday, depending on when those ceremonies take place. even if that happens, this fight over his seat on the high court is far from being over. democrats are vowing to launch further investigations into wrongdoing by kavanaugh if they retake either the house or the senate in the midterm elections, leaving the door open for the potential of impeachment down the road. so, this fight, even after this confirmation today, which is expected to happen, not going to be over anytime soon, neil. neil: all right, garrett, thank you very much. as part of this we are told there will be two different swearing in's, one, of course, public in nature and the other that might be private. they would both count, obviously. but there is some pomp and ceremony to this and, of course,

the official swearing in that would take place, again, that the public would see, again, on monday or tuesday. stick around, we'll have more after this.

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>> a sitting federal judge, a nominee to the supreme court shouted, shouted about democrats trying to take him down. how can any of my colleagues argue after hearing that tirade that this judge is unbiased? >> all right, i think that tirades are often in the eye of the beholder, but we're getting a lot of spans to what senator gillibrand had to say why she was a no vote on judge kavanaugh. there was little excitement in the media or among senators when, for example, ruth bader ginsburg said on the supreme court that he's a faker, he has no consistency about him and how

has he gotten away with not turning over the tack returns. and she said and is free to have her opinions, but this gets back to a sore point that maybe, we saw echoed again on the part of the senator gillibrand. what is fair and right and a perception of bias and how will people treat that. for example, how will invests treat that and where all of this goes? i thought it would be a worthy topic to explore with our financial pros here, but, dan, one of the things that came to my mind on this is you've got to be consistent. if you're going to say that he's going to be biased and ignore someone else who sits on the court who has exhibited bias, i have no horse in this race, but i think that for something else. i don't think it's right. >> i don't think it's right either. i just don't like how the courts, supreme court specifically now is getting into

the political world. i mean, can't we have one area, can't we just keep something somewhat sacred like the supreme court and keep them out of politics? >> i think that's over. i think it's over. i don't think that's ever going to be a case. >> it's a slippery slope, neil and it's not a good one. neil: what do you think? >> i'm smiling right now, because it's a hope, it's a hope that we want across the globe, but it's not a reality right now and we saw that when kavanaugh took the stand and spoke and he did have some partisan comments. and i think that's what anger add lot of people, not necessarily what the truth is or not, also there's more the partisan comments coming from a potential supreme court judge. neil: we should point out there have been partisan comments from those sitting on the high court already and that's nothing new. lindsey, one of the immediate reactions i had, you could argue that he got his nomination approved because he got so intemperate or impolitic or in your face, very emotional

because a lot was on the line. having said all of that, do you worry that the court then is always seen through that political prism and it's not going to change? maybe it goes back to 2000 and gore-bush? i don't know. >> yeah, there's definitely going to be a microscope on what the supreme court does here on out and kavanaugh especially as we move forward, but i think that the judgments that come down the line, once he is in his seat, can redeem him and the court. so, i'm hopeful that we can get away from this politicalization. neil: and not to make this a sexist issue, many of the protests are women, will not trust any judgment he makes on women. do you feel that way? >> well, i mean, i think just take the other side. what if you're a female with sons, all of a sudden your sons could suddenly be accused of these sort of, you know, sexual assault violations that, you know, without due course? without any corroboration? so, i mean, i think you could see both sides from a woman's

perspective, too. because i've had a lot of friends that have young sons that are worried about this right now. neil: dan, looking at what happens here and then the next supreme court nomination because the average age of the other justices is what, 112 or something like that? i'm joking, it's 111. but it's going to happen again and we will have raucous hearings again and i think we'd see the same crowds even without dr. ford and allegations. >> we've set a dangerous precedence. let's go back to the founding fathers. they built a pretty good system that we are now-- there were three branches and they're mixed together. let's not forget. 225 years ago george washington warped us about the danger of political parties, more loyalty to party than country?

and that's exactly what is playing out right now and it's not good. neil: the fear was, i think you said, christina, that the judge might have tipped his hand where his bias might be. does he work hard to disavow that notion or is every decision he makes looked through that prism? >> that's why we have conservative judges and why they fall into that category. i think, yes, that's what anger add lot of people. people that came forward afterwards, friends of his saying that that's what angered me, the way he portrayed himself on the stand and you want somebody who is fair and balanced and look at the case and not look at the case-- >> would you be that way if people made in your eyes outrageous allegations and would you be calm and editorial about it. >> that shows, too, just your reputation, your family, everything is at stake, but i'm not going to weigh in on whether it's right or wrong. i still think the major issue why it's enraged so many people is that we are discounting a

continuous problem that seems to be existing, not only in america, but around the globe and that's sexual assault and not wanting to believe or who to believe and how to treat the situation and to be more open about it. and so i think that's the bigger issue and that's why people are so angry. several people have come forward, whether they're right or wrong or memory may be off, we can't discount people that have gone through that experience. and i think that's the most important part here. by nominating him and him passing through, i think that to them is seen what about us and what did i go through. neil: the other is we held him to a tougher standard to prove a a-- than the accuser. >> and arguing and taking a tough stance on the democrats who were clearly against him and berating him, and it was a horrible point in time for our country, watching that hearing. and what if he sat there and took it, right? does that mean he's going to let the government tell him how to

make decisions when he is on the supreme court? you know? he needs to stand for himself. neil: and he knew it had to be that way to overcome the accusations, but by being that way, and christina's point, he's invited this at the end. it's probably not fair or right, but it is what it is. i've always argued we have three 24-hour news channels and three 24-hour business channels. we have time to look at this and time to look at those who think that dr. ford was ignored and those who think it's an unfair process for the man who wants to become a supreme court justice. we have time to get into all of that without taking sides on any of that. we will have more. >> it really matters that we listen to women and also really matters because the supreme court has enormous influence over the lives of everyone in my state. any nominee must defend the rights of all americans to have comprehensive-- excuse me... winner! that's a win. but it's not the only reason i switched.

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>> nominee and that's a decision made by mitch mcconnell and i think he made a historic mistake and what it happening today is we're seeing the consequences of that. we have now been turned into the house of representatives. we're only 51% is needed to pass a bill and that's not now the senate has historically operated. mitch mcconnell is going to, in fact, achieve his goal of jamming through two justices with 51 votes, but the price the institution is paying is very, very high, thank you. neil: ed markey might want to remember because it technically started with the former senate majority leader who started this when he was angered by republican's slow approval by barack obama judicial nominations and it's a rule that carries to this day. back to kat and kathy and jen.

there's enough blame to go around whether you like this process or not, but i believe harry started it. >> yeah, it's just so ugly and so sad that it got so divided that the country is so divided and what's going to happen, what's going to happen, who is going to be fired up for the midterms. neil: who is? who is more fired up? >> oh, my gosh, i'm willing to think that those who are comfortable and happy are perhaps the winners in this, who are the republicans. neil: but if you're comfortable and happy you're not fired up. >> stay at home on the couch. and the democrats come out and angry in november. neil: i'm looking at what the senator had to say and point the finger at mitch mcconnell and the simple majority and that technically started with harry reid. you wonder if a democratic president came in and democrats run the show and whether they'll remember this and back and

forth, back and forth. >> if the democrats ran the show it would get nasty. these are emotional issues, this isn't about simple policy nuances or something like that. people look at judge kavanaugh's confirmation as an emotional issue and emotional issues make people tired up. i don't think that people say oh, i kind of don't like president trump, or gee, i wish hillary had won. no, trump is a disaster, a lot of people on the left there's no nuance, everything he's done is the absolute worst. if they gained control they would have pushback based on what i'm seeing so far. let's not forget it wasn't just harry reid that started this, it was also an advisor to barack obama, rahm emanuel, started this whole vitriolic right versus left when he said he would bring a gun to a knife fight. you can really trace it back when you look through the history of how politics got so nasty. it was during the obama

administration and after rahm emanuel said that. neil: i could go back further when eve took the apple. you can argue about this. but is it a sense now that you have, i mean, obviously, these two sides have to work together going forward after the midterms on a lot of crucial stuff or just talk past each other and every time i've gone down to washington they actually they get along with it quite well. and i call it professional wrestling and i see them back slapping and on cue when they're before a microphone they go crazy. >> they are friends and that's the secret that people don't realize. people are friends in washington d.c., do go out to dinner and get along. i don't think it's an act when they go on. when they go on it's for the constituents. neil: right. >> it's what they believe in and they have to answer to those who put them there. neil: i use ronald reagan as an example and fair and balanced, jfk as an example making sure that they don't let the other

side look bad. if he's getting what he wanted, what does tip o'neill need and jfk, the same thing, and some came sadly after his death. the approach was, what can we do to still help us, but not make them look bad because i'm going to need them down the road. there's none of the look after them down the road. >> i think the back slapping and having drinks together in the halls of the senate, i think that's going to take a while to heal. i think that's not-- >> i want to see them having drinks in the senate. that would be a very good-- they might get more done. might get more done, and get more done if they're a little buzzed. you might be onto something. >> there you go, kavanaugh hill. >> and we don't want to get ahead of the curve here, in honor of the future justice kavanaugh, this solves a lot of problems and brings a lot of people together. neil: i don't know if that will do it, but i think we're at the point we should try anything and everything. ladies, thank you all very, very much. the crowd building up outside

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>> you know, they keep saying we are a divided country right down the middle and perhaps this tends to show it better than any metaphor you could possibly come up with. and the senators when all is said and done is going to vote to advance the judgeship to become an associate justice and the 48 who feel differently, and one and one who are splitting p respective votes because they're not part of it technically. it's for the supreme court justice, and acted out again and, outside the very same supreme court were those gathering for al gore, gathering for george bush and letting it known all of a sudden that the supreme court is politicized loses sight of something.

it's called history, been there, done that, gotten through that. we'll get through this. we're a country a lot bigger than the divides us. it's the country that define us. hope springs eternal and so does our coverage after this. >> it's noon on the east coast, after weeks of accusations and speculation and bitter arguments, the senate now set to vote on whether or not brett kavanaugh will be the 114th supreme court justice. this is special coverage here on the fox news channel on a saturday afternoon. i am thrilled to be here with my colleague and friend dana perino, i'm bill hemmer. >> i'm dana perino. in a few hours, the senate will have its say after decades old sexual assault allegations, the biggest turning points game yesterday. i'm sure you were watching it when moderate republican susan collins tipped the scales in kavanaugh's favor after a long speech. >> another assertion that i've heard afternoon is that judge