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 kavanaugh cannot be trusted if a

case involving alleged wrongdoing by the president were to come before the court. he has stated that marbury versus madison, youngstown steel versus sawyer, and the united states versus nixon, are three of the four greatest supreme court cases in history. what did they have in common? each of them is a case where congress served as the check on presidential power. he believes that precedence is not just a judicial policy, it is constitutionally dictated to pay attention and pay heed to rules of precedence. despite the turbulent, bitter fight surrounding his nomination, my fervent hope is that brett kavanaugh will work

to lessen the divisions in the supreme court. >> we are covering this from all angles. alan dershowitz joins us in a moment. and chief correspondent mike emanuel is on capitol hill. what are we hearing from those who intend to support judge kavanaugh today? >> the republican supporters say that the way that judge kavanaugh was treated during the confirmation process was shameful and a disservice to everyone involved. nebraska's deb fisher told us a short time ago why she's a yes. >> my job as a senator is to assess the facts and make a judgment. i continue to support judge kavanaugh and believe he will serve our nation with integrity. >> last night, alaska's lisa murkowski explains why she's expected to be the only republican opposed to

confirmation. >> in my conscience, because that's how i have to vote at the end of the day is with my conscience. i could not conclude that he is the right person for the court at this time. >> protests continue today, but so far inside, it's been a little quieter than recent days, dana. >> we're about three and a half, hour hours away from the vote. have democrats given up now that it appears that judge kavanaugh has the votes for the supreme court? >> no, the speeches continue on the floor. and a short time ago, senator markey fears that a justice kavanaugh will be a protect for donald trump. >> when donald trump under criminal investigation with legal issues arising from that investigation, potentially headed to the supreme court, and with brett kavanaugh having articulated strong views about

shielding a sitting president from criminal proceedings, his confirmation is a constitutional crisis in the making. >> a hawaii democrat complained around 3 a.m. that republicans should have found a new supreme court nominee after judge kavanaugh's emotional response in last week's high-stakes, high-pressure hearing. when kavanaugh had to defend his name and integrity after allegations were made against him. the whole thing was an emotional mess and that actually should have been disqualifying, and that should have been the moment where members of the republican party just went over and said, listen, we've got 18 conservative judges, any of them could get confirmed. this guy is not right for the bench. >> with midterm elections just # 1 days away. it will be interesting to see the impact this fight has on those races, dana. >> it will, indeed.

mike, we'll check with you as the day goes on. >> remarkable ten days going back to judge kavanaugh and dr. ford week ago thursday that culminated in that address by susan collins yesterday and for those who watched it, 45, 50 minutes in length. she was setting up a legal argument basing him on a judge in his own history and what he may portend. in the second half she threw a spear at the accusations leveled at him publicly. >> and she's the most animated i've seen her publicly, and someone leaked the letter that dr. ford wanted to remain anonymous. they had not taken the time to address these beforehand and she was thrust into the public eye and now, here we are. >> we wondered was she a yes for a while? did she come around to it at the end? you don't craft a speech like that, which is all printed out, overnight. >> well. >> takes time. >> and she waited.

she didn't give a hint of what she was going to say, or how she was going to vote. she actually made you listen to the whole speech which was a very good case for judge kavanaugh. >> let's bring in mike lee, republican senator from utah, member of the judiciary committee. how are you? and thank you for your time today. we believe we're three or four hours away. do you think you are across the line? >> yeah, we think we're across the line. it's not over till it's over, but we believe we have the votes and look forward to getting the vote today. >> and from the new york, and the house side, following up impeachments charges for judge kavanaugh if he's indeed on the court. here is what he said in part. the senate failed to do his property job on advise and consent. we'll have to protect the rule of law and protect the legitimacy of one of our important institutions. and bearing in mind, impeachment has never happened, it was tried

once in the house in 1804. do you see this as a bruised party or something that could have the potential to go forward, sir? >> as far as what the house of representatives does, look, if the democrats took control of the house, it would be their prerogative, they could decide to do that. i don't think there's a valid basis for doing it. that's not the end of the process. they have a check and balance on them. if it does and comes over to the senate removing someone who is impeached in the house rekwierdz two-thirds super majority vote in the senate and i don't see that as likely. >> senator, this is dana perino, good to see you today. i wanted to ask you about going forward. now there's no longer a 60-vote threshold for a supreme court nominee, do you think what we've seen in the last two months and in particular last two weeks is basically going to be an embodiment what we can expect going forward? >> oh, i sure hope not, dana. this has been disastrous, hurtful to the american people, hurtful to dr. ford and her family and judge kavanaugh and his family.

i hope this is not where we're looking. yesterday i game comments on the senate floor, perhaps we shouldn't be looking so much to the supreme court. and shouldn't be looking at the bureaucratic democracy. if we let more locally maybe people wouldn't be upset about what happens here. >> senator, what do you make of the majority leader mitch mcconnell through this process? some have suggested this was his henry clay moment. henry clay perhaps the most famous national lawmaker from the state of kentucky, arguably back to the late 1850's and i think also behind closed doors they would suggest that mcconnell was the silent assassin on this story. he had control of it from the beginning and saw it through almost now we see to the end. what is your feeling about how he conducted it? >> he's shown courage and he's shown resome he's shown and instilled a sense of calm in the middle of a storm and i applaud him for how well he's managed a

whole lot of moving parts in a very tough situation. >> senator, are you able to project a justice kavanaugh on the court? and with your judicial background and the legal mind that you have, after all your you were on a short list for this job at one time as well and perhaps again in the future. how does the court change, do you think? >> well, i think judge kavanaugh, when he becomes justice kavanaugh, is going to look a lot like justice gorsuch, justice alito, justice thomas before him in the mold of the judicial conservative who understands the role of the judge and supreme court figure out what the law means, rather than what the court might wish it meant and i think that will be good for the country. >> i want today ask you about temperament. democrats are all of a sudden concerned about temperament, especially at the second hearing when brett kavanaugh testified. and i wondered what you thought about that, in terms of that

argument being by the democrats standards, a mark against him? >> yeah, i don't share their view. i mean, look, it's not entirely surprising that an individual when he's had his name and his family dragged through the dirt, as he has, is going to show a little bit of emotion when he comes in front of a hostile body, like he was facing that day. and the fact that that showed, just means he was human. it doesn't mean that he's somehow unfit for judicial office. he's got a 12-year track record on the u.s. court of appeals for the d.c. circuit showing he's very fit. >> senator mike lee, thank you today, appreciate it. >> want to bring in alan dershowitz, law emeritus, and wrote the book "impeaching trump", nice to see you today. >> i'm doing great. senator lemay some day be a colleague of kavanaugh. his name was very high on the list and he had a very, very distinguished judicial-- i mean, a legal career, and he would serve with great

distinction on any court and i think his views have to be looked at very seriously and i tend to agree with much of what he said. in terms of-- particularly, that's an argument. when the judge served on the bench for 12 years without a single complaint and harvard law school, ain't easy, without any complaints, you don't judge him by perhaps what was not his finest moments. he was outraged. he was furious. and he held it mostly in check, but he said a few things he shouldn't have said, just like ruth bader ginsburg said things she shouldn't have said and justice o'connor said things she shouldn't have said. i remember once when chief justice rehnquist berated a young woman in front of the supreme court and she called him judge rehnquist. he shouted at her i am not a judge, i'm chief justice of the united states. i've seen judge, bully, pick on

and we don't hear my friends talk about judicial temperament. when they don't like a justice, they come up with arguments on judicial restraint and i don't think it-- his judicial conduct has been excellent over 12 years. >> and i thought the comments on the republican senator from tennessee bob corker, when he came out three days ago, maybe two days ago. and those who were sympathetic to dr. ford could not recall or provide any evidence to support cher story and therefore, he was a yes, just in your own legal mind, is that what it comes down to? >> no, i don't think so. i believed her. i thought she made a very, very compelling case, but it's years and years and years ago, could be a case of mistaken identification. she could misremember, he could misremember. i'm not in any way accusing her of anything wrong. the sexual mccarthyism came from

people like avenatti and his client. and the man, didn't travel in the same social circles. i want the fbi to look into that. the #metoo movement needs to understand there's no genetically linked lying gene or truth telling gene. if a woman districtly and willfully falsely accuses somebody of sexual misconduct, there have to be consequences. if there are going to be investigations, let the investigations be fair on both sides. to me, the most important thing to investigate now is the process. how do we improve the process? how do we make sure this doesn't happen again and again and again especially in light of the end of filibuster rule and a majority votes the supreme court. we have to change the process and make it better and otherwise, all americans lose. we're the real losers here. >> sir, you brought up michael avenatti and that's one of the people i wanted to ask you about. because last night, the american bar association said they're going to reopen their evaluation for brett kavanaugh.

they had said he would be a good justice and now want to reevaluate that. do you think that the aba should look at michael avenatti as well? >> i am a note going to call for anybody to look at anybody. i think it's a mistake to reevaluate judge kavanaugh, i don't think he did anything or said anything that resulted in evaluation. you judge him by his 12 careers and not by his worst moments. in many sports you discount the high and discount the low and look at the ten scores in the middle and i think when you're evaluating a judicial candidate, you do the same thing. i think the american bar association should stick with its evaluation, which was correct the first time. look, he was not my candidate, i wanted to see merrick garland, i'm a liberal democrat. and i don't know how i would have voted on his judicial philosophy. what outrages me is the process that was used to accuse him without a full opportunity to

investigate and respond, and what outrages me even more is the 50-year professor at harvard law school is the mob rule we're seeing students demanding he not be allowed to teach. it reminds me when i was in college of mack mccarthyism, that when communists when they're 20 years old, be fired. we have to forgive the past, and i'm hoping that justice kavanaugh will learn from this experience and end up being a libertarian and concerned about the process and concerned about free speech. he could turn out to be a great justice. >> apologize for the interruption here, you just said america-- what if kavanaugh was denied. >> america would have lost. >> i mean, and in a case of law, you're looking for evidence and you're looking for facts and all we had, all we had were words. so, can you deny his nomination based on words? what would the loss have been in that were the case?

>> i think much greater. i would never have denied his nomination on the basis of either his judicial performance in front of the committee or the allegations against him. even though they may very well have some or more than some truth. i think it's all about process. and i think the process failed. i think all americans lost. the a.c.l.u. big losers, democrats big losers. i'm not sure how the republicans emerge from this. i think president trump was a loser when he made the statements he made, a mocking ford. she didn't deserve that. but it shouldn't have influenced and apparently didn't influence the outcome of the proceedings. we have to improve. we have to be better than this. >> hope to get you back later, okay. allen dershowitz. >> we're off to a good start here, wi bill. we're closer to a final vote around 3:30, 4:00, you'll want to stick with us. up next, we have tom duprey, and

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sclooep. >> 20 minutes past noon. we're in the waiting zone, waiting for what is expected fob a final vote on the confirmation. and the senate republicans refused to give in to pressure on the left. they've been after all of us. and we've been sort of under assault. and we decide today stand up up to mob. the mob was not going to intimidate the senate and we did that for the right man. >> a former u.s. attorney and a fox news contributor, we also have our washington panel, marie is a co-host, and chris starwalt

and tom due. we had the sound bite. let's go to you. i checked in with somebody on thursday night, are you going to have the vote, are you not? and the source said to me, nervous senators will be nervous, but we will get it done by saturday. do you think that mitch mcconnell always thought he could get to this point? >> you know what i find absolutely hysterical is that mitch mcconnell, the number one priority for steve bannon and others that he had to be removed, had to be outed because otherwise, the swamp would stand. and here is a guy who is now the stud duck. this is the guy who, for every republican in the country, every conservative, for everybody, this is the guy who keeps over and over and over delivering the goods for republicans and for conservatives. it's anistonishing. >> the other things he's responsible for trying to keep the republican majority in the senate and we've got a big

midterm coming up in about 30 days. there's a real clear politics average on west virginia, which i know, of course, you know a lot about. joe manchin, the democrat incumbent at 47.5% and morrissey behind. and your thoughts on manchin and the kavanaugh vote today? >> the first thing about westbound, they're going to beat kansas by 50 points in football. dana: that's a thing. >> and i wrote this yesterday at halftime report. joe manchin looks slick as a greased watermelon and twice as hard to catch. he's found his way through this and played it expertly. he not in the end not only gets to vote for a nominee extremely popular in his state, but gets to take credit for saving the nomination because he joined the gang that forced the fbi investigation, and he has played this right a couple of different ways and looking quite good for reelection now.

>> andrew mccarthy in new york, we've been discussing this before on the air and we're what, three, four hours away, perhaps more, perhaps less. >> i'm always from the it ain't over until it's over school. it seems to me that there's a very small margin for error, so if you're in the kavanaugh corner, as i have been, you're cautiously optimistic, but from my perspective, bill, it's cautious. there's a, you know, a long time and there's been many twists and turns. there's not been a single day, it seems to me, in the last three weeks where we haven't seen anything, or something that was unanticipated. so, i'm holding my breath. bill: you've studied at court quite a bit. what do you think of justice stevens coming out the other day at age of 98 on the eve of the vote and elena kagan and justice sotomayor yesterday and kagan said the following, put the words on the screen. it's been extremely important thing in the court the last 40 years starting with justice

o'connor and king with justice kennedy there's been a person who found the center where people could not predict in that sort of way and i think forward forward that sort of middle position it's not so clear whether we will have it. >> i respectfully suggest that this is part of the problem with the court. the reason that we have the protesters outside, the reason that this process has been so vicious at times is because the court has assumed a place in our society and in our government which is not the place that was the intention of the framers. i think if what our expectation was was we had nine legal craftsmen who were expert at figuring out what the precedence were and were applying those faithfully to the facts, there wouldn't be a single reason to have a single person outside demonstrating the supreme court. the problem is that the court is now seen as this is through a lot of its own doing, as a kind of a superlegislature. as a political body, as a body that actually gets influenced by

the crowds that are outside, as a body that gropes to have a middle, rather than just figuring out what the law is and applying it to the facts. so, i must say, i think that's part of what the big problem is. >> ap i think that people might add that congress is also at fault there as well. i want to bring in marie down there in d.c. from a democratic perspective. you know, this has been a wild few weeks. and i wonder if you think that the democrats, as much as they are disappointed, that this nomination is going to go through, do they feel that not only have they failed to stop judge kavanaugh, but are they worried that the whole effort may have back fired because you start to see a narrowing of the gap in the generic ballot with the republicans with enthusiasm way up from three weeks ago and i wonder what you think about where we are right now and if this was a good strategy. >> well, dana, this moment feels much bigger than just brett kavanaugh and frankly than just the supreme court. as far as viewers looking at the screen right now, on the

left-hand side they see protesters at the supreme court. they're not just talking about brett kavanaugh they're fired up and you're right. especially in the senate races i think this may narrow some of the options for democrats. but if we look at the house races, the districts the democrats need to win, these are full of independent women and some republican women who look at what's happened in the last few weeks, not just what's happened to dr. ford, but president trump standing up at a rally mocking many people felt like, christine blasey ford, orrin hatch telling survivors of sexual abuse to grow up, and then he would talk to them. chuck grassley saying more women who are republicans don't serve on the judicial committee maybe because the workload is too hard? it's bigger than just this one seat. it's a lot of independents. >> how about telling all men in america to shut up? >> a lot of women feel like one year out from the #metoo movement beginning, the past few weeks, the republican party has given them lip service, but not really told them that they

matter in terms of what happens here, and that's a perception. just look at these protesters, bill. that's a perception that's out there and i think in 30-plus days when we go to the polls, especially in these house races that are decided in much smaller populations, democrats may actually benefit politically from this process. >> and we have 30, 31 days to chew on that and we'll come back to that topic. i want to squeeze in time quickly, tom, what is your sense what will unfold in three and a half hours, give or take? >> well, i am more than guardedly optimistic at this point, bill. i'm extremely optimistic. i think there's little doubt that judge kavanaugh has the votes he needs to get over it. i'm hopping if and when he becomes justice kavanaugh the nation can begin the process of trying to put this back together and hope that the supreme court can at some point in some way reattain the sense of legitimacy it's held so long in our nation. the process is like this, i

worry over time, corrode and undercut this as a partisan institution. bill: we've got a terrific panel. stand by, we'll use you throughout the hours. dana, what's next? >> we're a few hours away from the final vote on brett kavanaugh. we'll talk to senate committee chairman chuck grassley. >> i cannot imagine what you and your family have gone through. boy, you all want power, boy, i hope you never get it. i hope the american people can see through this sham that you knew about it and you held it. a once-in-five hundred year storm

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kansas. that might be a rally to watch, john. >> it certainly will be. good afternoon to you, dana. the president leaving just before 3:00 this afternoon for topeka, kansas. he's been in the residence all morning i assume watching the proceedings. if so, good afternoon, mr. president. he tweeted about this all this morning, women for kavanaugh and many others who support this very good man are gathering all over capitol hill in preparation for a 3:00 to 5:00 p.m. vote and it's a beautiful thing to see. they are not paid protesters handed expensive signs. big day for america. and in touch with the key members of the senate, making sure everything is staying on track and everything look likes it's going to be on track. the president for his part called judge kavanaugh this morning to give him a little bit of a pep talk. here is mercedes. >> the president did speak with brett kavanaugh.

i know it's one of these moments again, i'm incredibly proud of working with this president who has stood by judge kavanaugh and made it a point to explain to the american people why judge kavanaugh is the right person at the right moment for the court. >> first lady melania trump in the meantime continues her tour of africa, touching down in egypt. she weighed in on the upcoming vote. listen here. >> talking about the supreme court and judge kavanaugh. i think he's highly qualified for the supreme court. i'm glad that dr. ford was heard. i'm glad that judge kavanaugh was heard. the fbi investigation was done, it's completed, and senate voted. >> here is our expectations for rest of the day is going to unfold. according to senate majority leader mcconnell, it looks like the vote is going to happen sometimes between 4:00 and 5:00, according to white house sources

i talked to with senator lisa murkowski voting present instead of snow. the final vote likely 50-48. we'll likely hear from the president, do something aboard air force one and when he arrives at the rally and the ceremonial swearing in of judge kavanaugh likely take place on monday or tuesday, trying to figure out the best time and we'll find out soon where judge kavanaugh will be watching this, whether at home. dana: thank you, bill-- john, you're bill. bill: and you're dana. democrats and attorneys for dr. christine blasey ford insist the fbi's 7th investigation conducted over the past week was not thorough enough in the history of judge kavanaugh. republicans say that they have the democrats are aggressive trying to dig into the judge's

past. what i understand if i understand it, the allegations by dr. ford, ms. ramirez and miss swetnick are wrong? >> that is emphatically what i'm saying. i'm innocent of this charge. >> and you're prepared for a fbi investigation? >> they don't reach conclusions, you reach the conclusions. >> you're saying there's never been a case where you drank so much that you didn't remember what happened the night before or part of what happened? >> you're asking about blackout, i don't know, have you? >> that was ten days ago. the republican senator deb fisher is with me from nebraska. how are you on a saturday? it feels like a health care weekend vote. it feels a little bit like repeal and replace although that happened at 2:30 in the morning. how do you feel today. >> things are pretty calm in the capitol building and people are doing their work. i've been in my office looking at constituent mail and things.

about 3:30 it's my understanding is when the vote could take place at this point. bill: have you shared your last thoughts on the floor of the senate already? >> i have, about 10:30. bill: what was your address, your message? >> you know, my message was we need to look at the facts in the case. this is a man who has been on the d.c. circuit court for 12 years. he has written about 300 opinions, 200 of those were controlling opinions, 13 have his writings in supreme court decisions that they've made. so, he is well respected, he is known for being an intellectual, he is known for being thorough in his work. bill: i'm certain you remember 27 years ago, anita hill and clarence thomas, the country was exceedingly divided at that point, i think we both could

agree on that. but the country went forward, it did heal and for many, or more most it did. what is your sense about what this process has done to neighbors and friends and people across the country? >> well, our country is very polarized. it was polarized bch before this. i have been in the senate six years. when i first arrived the republicans in the minority. i've had my first two years as being a minority in the senate and only 15 amendments come up on the floor of the united states senate in all of 2014. the system was broken then and polarized. we've tried to work together and work across the aisle. that was a commitment that i made to nebraskans and i continue to do that, but it's going to take work now after this. i'm going to continue to look for issues, policies that i can work with my democrat colleagues

on so that we can see some good solutions, some good policies, some good legislation pass that will make lives better for the american people. bill: and the last point here, it's not yet official. do you expect surprises today or do you think it's done? >> i think it's done. i think it's done. we saw senator collins make a magnificent speech on the floor of the united states senate. it is the most moving, compelling focused, thorough, well-reasoned speech i've seen in my lifetime on the floor of the senate. bill: saying quite a bit. >> yes, she did a fabulous job and rationally laying out a case, putting the facts forward and that's what the senate should be. and she gave us a great example that we all need to follow in the future and we need to step up our game so that we're able to put forward the facts and

then make the judgment. bill: thank you, senator. deb fisher a republican from nebraska. >> thank you. bill: i think we're three hours away, give or take. >> should be. bill: thank you for your time. dana: thank you, senator. our special coverage of the brett kavanaugh vote continues. karl rove is on deck with analysis next. >> he's been an incredible judge because they know that judge kavanaugh will protect, uphold and defend the constitution of the united states as written. i don't keep track of regrets.

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joining me now is karl rove, former senior advisor and deputy chief of staff for president george w. bush. i want to confirm that a historical standpoint, you are a historian. where does it fall in the supreme court battles. the toughest one, harshest you've ever seen? >> yes, i think it is. the thomas hearings, as ugly as they were looked tame by comparison. of course, we have the robert bourke hearing in the '80s, which was very ugly, but never went beyond the committee and to the floor. but this is unique in its ugliness, viciousness and its distorti distortion. the simple fact it could have been avoided if dianne feinstein provided this letter to the fbi in july and dr. ford could keep her anonymity and interviewed and give the list of witnesses. instead we saw this play out on

our television screens. dana: right. >> it was not a pretty sight for the senate or the country. dana: and when we led into the segment we showed a tweet from president george h.w. bush, 41, he's in maine where senator collins is from and george w. bush, he obviously didn't tweet, but a lot of people say they haven't seen the g.o.p. this united in many, many years and george w. bush played a role behind the scene talking to senators where he could because of course, he supported brett kavanaugh. tell me about that in terms of g.o.p., you know, if i-- unification especially 30 days before the midterm? >> i think the issue of kavanaugh's confidence and the fact it's the supreme court and matters a lot to republicans and basic unfairness of what the democrats did in this combined to unite the republican party. while you're correct that president bush 43 made phone calls to senators he had a more substantial role, he's the man who credentialized brett

kavanaugh. brett kavanaugh as you and i know well was our colleague in the white house as staff secretary and president bush appointed him to the d.c. circuit the highest court in the land from which the judge compiled an exemplary road over 12 years. ins a moment when the republican party is united and the democratic party is not completely united. i'm not talking about joe manchin, i'm talking about the hard left of the democratic party. a number of groups sent letters to chuck schumer, if you fail to stop brett kavanaugh it's your fault as leader of the democrats. dana: let me ask you a question about that. two big democratic superpacs say they'll no longer support bill brettson who is facing marsha blackburn and joe manchin, are

we shooting themselves in the foot? >> i shouldn't say this, i think that brettson and manchin had difficult decisions to make. if they'd gone against kavanaugh they'd be dead in their states. just like heidi heitkamp, shows that she knows she's on a tough one and she wanted to prettiy up her resume'. and i think it would have been a blow. and brettson, showing in red state won by donald trump by 26 votes and marsha blackburn is starting to pull away. and i think he waited until the last minute that this cup would pass from his lips, so to speak. dana: thank you so much. we'll be back in touch with you. senators still facing pressure in the final hours before a

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>> back here in new york, along with dana perino, i'm bill hemmer. closing in on the hour. soon to be the vote on senate.

mitch mcconnell promised there would be a vote this week and technically that looks like that will happen. back with us tom dupuis, chris and andrew mccarthy in new york. that's live from the capitol, a live image from our fox crew. dana: and that's grown in the last hour that we've been on the air. bill: we also know there are protesters on the steps of the supreme court a short walk away. not sure if it's the same group, a different group or growing group. nonetheless we've watched go to capitol hill. a live reporter on a bus, reporting live on the bus rolling down the highway through new jersey. the left has been mobilized. we will see how much and how long it lasts. i thought it was very telling that gillian turner earlier today said that she did not see a single protester in support of judge kavanaugh today. not one. they're all out there yesterday

and the day prior, andrew, but not today. >> well, i just think this is a-- it's a sad reflection of what the court has become and what it is not supposed to be in this society, which is the place where we go to decide the way that we live. this is the place that we go to make the decisions that a democratic society is supposed to make through its elected representatives, and it's a measure of how vicious this process is that what we're looking at is a court that actually fulfills a role that is not what's meant for the court to fulfill, and when you have demonstrations outside the court like that, and you have demonstrations about a supreme court justice like that, what you're essentially saying is, we want the court to be responsive to political pressure when the court is actually there to resolve-- the court's job is hard enough as it is. it is to resolve the difficult

legal issues that have to be resolved. it's not to be our political barometer, it's just not. >> we expect a vote to be 50 yeas and 48 nays. and clarence thomas. >> it was less that, 52-48. >> you look at john roberts in 2005, he got 78 votes. it was quite bipartisan, it's come a long way. >> and 20 years ago, ruth bader ginsburg, 96 votes. remarkable. chuck grassley is on deck. it's coming up right now. rgy! whoo-hoo! great-tasting ensure. with nine grams of protein and twenty-six vitamins and minerals. ensure. now up to 30 grams of protein for strength and energy! . .

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dana: hours away for vote on supreme court kavanaugh. hello, everyone, i'm dana perino, welcome to the special coverage of kavanaugh vote. bill: i mentioned a few moments ago feels like a healthcare kind of vote weekend, and -- tan dna probably higher stakes. bill: could be, long-term? dana: definitely. lifetime appointment on the supreme court with all of these issues hanging in the balance, you saw last hour we had a quote from elena kagan, she said there's no longer a swing vote and andy mccarthy says as

americans play more importance on what the court decides, congress shirks responsibility, that's bigger than that. bill: we believe republicans have the votes but, again, it's never official till they are all in. protestors making voices heard. we saw in steps of the capitol, they are now flooded with protestors, live look from capitol hill, last-ditch attempt to derail the confirmation or at least let the voices be heard. all of the allegations of sexual assault sparking tremendous outcry on the left. all allegations shot down, some would argue rather effectively by susan collins late afternoon and republicans they are now making the case the process has reawakened a sleeping giant across the country on the right. >> you may or may not have noticed enthusiasm on republican voters and everybody is going to remember what they did to brett kavanaugh.

>> is this the shot in the arm that the republicans need? >> absolutely, absolutely. it's a wake-up call to why it's important to hold the senate. bill: mitch mcconnell with laura ingraham last night. senator chuck grassley, sir, thank you for your time and good afternoon to you. i don't know what you're feeling right now but go ahead and let's start there. >> well, i feel it's a great day for us going through a fair and thorough process that i said i was going to hold throughout the committee process, a lot of times i didn't know whether we'd ever get to this point but i'm very glad we do. i think the most important thing is to think about what it says about the background of judge kavanaugh, a person who has been very well educated, very well devote today public service, but more importantly, 12 years on the second most important court in our land and having 307

opinions, if anybody reads them, you'd know that he's going to serve as a justice as anybody that's -- a judge should do. he will look at the law and the facts of the case, he will lose his own personal views out of it and he's going to not do what some judges do be super legislator trying to fill in holes or modernize the constitution. dana: senator, dana perino, the protestors are gathering in mass in increasing numbers, that could be expected. i wanted to ask you about something mary harp said earlier, fox news contributor, she said that the women gathered there, not just women, women feel that republicans pay lip service for women who were victims of sexual abuse and

dismiss their concerns and i wondered how you would respond to that given that you are chair of the committee? >> well, it's absolutely wrong. we didn't even know who dr. ford was until we read it in washington post and immediately i responded to her request to have -- appear before a committee and we said it very early, they asked delay 4 to 5 days, we delayed it and she fall a full hearing. oddly enough, you know, if the democrats were concerned about what republicans might feel about that issue, they only gave the democrats only gave her 10 minutes to answer any questions, republicans gave her much, much more time and did focus on her and trying to get the facts out about her case. democrats should spoke about her. bill: we ran the clock on that. i think it came out to 25 minutes on the republican side

and 10 minutes on the democrat side, the point is taken there, hour, even at 11th hour yesterday, you're looking for all of the paperwork on behalf of some of the senate offices specifically dianne feinstein and harono in hawaii. why do you want that paperwork, senator? >> well, it's paperwork from the fact that dr. ford gave various -- gave various testimony before our committee and as long as the testimony was given before committee, we feel that we ought to have the information to back it up and she also gave some of this information to the washington post so why not give it to the committee as well. bill: the inference is there's funny games behind the scenes, do you believe that's the case or is the case? >> okay, well, i will get beyond

the answer i gave you to broader issue. some of my committee feel that we ought to pursue an investigation on that. right now i'm glad to be where we are today. i want to get over this hump and after we get over this hump, i want to get back to a working relationship that i've had with senator feinstein and democrats because every bill that got out of my committee is a bipartisan bill, now the judges are a little bit more controversial but i think that i want a working relationship with them and i'm not sure that i want to stir up a lot of stuff. bill: would you pursue this and if so paperwork and a letter is one thing as you well know but subpoena power is another matter, would you go there next? >> then what i'm going to do, my colleagues have spoken more about that than i have even though the letters are from the chairman. i'm going to have consultation and do in colegial and i feel

these are strongly issue and i want to encourage that. dana: a lot of people asked about the process but there's a side bar story and i wanted to get your take on it apparently when asked why there aren't more female senators on the committee you said, well, it's a lot of work, don't forget compared to a lot of committee meetings we have executive every thursday, it's a lot of work, maybe they don't want to do it. are people taking that the wrong day? >> definitely and what i should have done in one sentence i should have said, we even have a hard time getting men to serve on this committee, in fact, i think 3 men are serving on this committee only because the leader asked them to, so really it's not something whether you're male or female, there is a lot of work on the committee and there's a lot of controversy to it and it's more politically

and ideologically divided than most committees and a lot of people, men or women don't want to get mixed up with that. bill: senator, did you have a sense of what senator collins was going to do yesterday afternoon? did you have an idea of her speech? did you have any contact with her 24 hours perhaps, i guess in the final 24 hours before she went to the senate floor yesterday? >> i did not have. i feed to give her praise not only for speech but from almost day one of kavanaugh being nominated, she sat out on a very thorough reading of everything he wrote being advised by lawyers on it and she probably put in as much time or more time maybe than even members of the judiciary committee deciding how she was going to vote and then in her final speech, she put in

45 minutes in accumulation of all the issues in this campaign, i mean, in this hearing and i think people if they want to get a full picture of everything that was done and, of course, her reaction to it. but, you know, it boils down to this in this final analysis and i think her speech said this, for the first month and up until september 13th, it was always questioning about his qualifications, but once they couldn't touch him on his qualifications to be a justice on the supreme court because of these 12-year record on the second highest court in the land, then they went to all of this dirt that came up and, of course, sexual assault accusations isn't a case of dirt but think of all of the other things that they came up with when something didn't hit the wall they threw something else at the wall and when it didn't stick, they went to something

else all to get away from this qualification, extreme qualifications to be on this court. dana: how would you respond to the people that said the integrity of the supreme court has been eroded and worried that americans are losing trust in institutions that are supposed to hold us together? >> can i give you historical? dana: sure. >> i'm one of four to five people that was here when clarence thomas was here, you know anita hill controversies and thomas talking about the lynching, i heard the same things at that time, if you look at 28 years of thomas being on the court, none of that resentment ever came up in any of the hearings and no more politics have been involved in the last 28 years even though we had the same action at the time.

bill: 25 years later, senator. >> yeah. bill: i think you kept the cool for most of the process, there was a moment, however, 24, 25 hours ago when you were addressing fake news and reporters on the capitol, what was that all about? >> well, i talked to -- i wanted an opportunity to say one thing. i don't want to criticize you folks doing your job, i might disagree with you a lot and may not think you are doing it right, i don't want to criticize you to make sure that our system operate it is way the constitution intends to operate and everybody that's honest and forthright but there are times and this time was outside of my office, i had both prokavanaugh and antikavanaugh people in my office and right outside my office we had camera people set to take pictures on anything they could even train to get me

from time to time. so we had people that were prokavanaugh, went out and said i'd like to be interviewed on why i'm for kavanaugh. i'm a member of women for kavanaugh and they said, well, we are not interested in interviewing anybody that's for kavanaugh, we are interviewing people that are against kavanaugh. now that shows a bias that the free press and free tv and everything else that is first amendment protected doesn't follow the spirit of the constitution. bill: senator, thank you for your time. >> thank you. bill: you think it's done, yes or no? >> yes. 50 to 48, i guess, would be the count right now. bill: thank you, sir. dana: sensor susan collins decision to vote yes seen as some as the pivotal moment in the confirmation saga, collins

announcing vote in floor speech yesterday where she blasted democrats for treatment of kavanaugh, the accuser christine blasey ford. watch. >> you have sacrificed her well-being in a misguided attempt to win whatever political crusade you think you are fighting. my only hope is that your act has turned into dysfunctional that would cause the senate and indeed all americans to reconsider how we evaluate supreme court nominees. dana: let's bring in elizabeth, president of the constitutional accountability center. take us back to yesterday at about 2:45 p.m. when we did not know what senator collins was going to say, what was going through your mind. >> well, i think what was going through my mind yesterday was

what was going to my mind is listening to chuck grassley right now. the only way to consider this day or this process to be great as he said is if you care more about the raw exercise and political power than you do about the legitimacy of the supreme court and the integrity of the senate, the thoughts and feelings and experiences of survivors of sexual assault and frankly even brett kavanaugh who will now enter the supreme court as a justice with a heavy dark cloud over his head that if the senate was actually interested in doing a real investigation could have been alleviated if he actually had nothing to fear. so i think senator collins' speech yesterday was simply a culmination of a shameful process that had been discredit to senate and will damage the court for a very long time. it's been that way from start to finish throughout this whole confirmation. dana: but let's take a step back then because senator dine -- dianne feinstein had letter and

had supplemental fbi investigation, accusation that was never corroborated, why do you think he, brett kavanaugh if confirmed to the senate today in a couple of hours goes to the supreme court with a dark cloud over his head? >> well, the investigation wasn't going to find any corroborating information if they did interview of any of the people that were put forth in having corroborating information. you can't find what you don't look for in the first place. i think brett kavanaugh having given the speech which seems he regrets now from wall street journal editorial op-ed that came out that unlearned partisan furry talking about a conspiracy from the clinton which is i have as supreme court lawyer have never, ever heard from anyone on the high court or on the courts of appeals was extraordinary and unleashing that partisan furor might have helped him get to the votes to get confirmed but it's going to place a cloud of partisanship over him and it's going to undermine the public confidence in the supreme court

as institution that should be there for all, provide equal justice for all and not based on ideological divide, so i think the process didn't serve him well, it certainly didn't serve dr. ford well and the ten thousand ways in which the process was flawed i wouldn't put senator feinstein's attempt to request for privacy that dr. ford tried to really keep to at the top of the list. dana: would you be in support of the investigation to whoever leaked dr. ford's letter, would you support an investigation to find out who did that? >> i think given what is going on we have credible sexual assault allegations against a nominee to the supreme court, we have for generations legitimacy of the court at issue, that's not at the top of my priority list of what the senate should be doing. a person they are going to promote in the highest court of the land should be up there and

frankly we have other people on a short list and, you know, this is not a criminal trial, no one is talking about throwing brett kavanaugh in jail, if he weren't going get the promotion he would simply go back to being a judge in dc circuit court of appeals. for the good of the court and the good of the nation, good for the reputation of the senate, for the way that women feel in this country, i would they would have put someone else forward after credible allegations came forward. dana: we will leave it there. bill, an example of just how the country, you feel one way very strongly or the other way very strongly. it's like two people talking past each other. bill: we are hearing others on the hill tell us about 33:03:45 the final vote, mitch mcconnell will make his way to microphone around 3:00 eastern time and we will have the interfew chris wallace and shannon take over at that time. highly politicized at the step

it was capitol this after emotional testimony of both the accused and the accuser, it really rocked the nation and in a moment we will talk to senator in the sense of what's happening this hour. countless moments in the past 10 days, here is just one of them. >> the details about that night that bring me here today are the ones that i will never forget. they have been sered into my memory and haunted me episodically as an adult.

bill: 22 minutes past the hour. washington, d.c. on the capitol hill steps, capitol hill have made first arrest we do you believe of the day. we are getting a pretty good look at the numbers and the growing resistance to this vote. dana: they think that the vote will be around 3:45 p.m. i think the protests will increase in number but it does feel like people are coming to the realization that the republicans have the vote, they expect it to be extremely close, 50-48. bill: as we await we want to bring republican inhoff from oklahoma, we talk today chuck

grassley, same thing to you, is it a done deal or not? >> if it's for me, it's a done deal. bill: which means you have the votes? >> yeah -- bill: when you reflect on the process, senator. >> we know pretty much where the votes are. if there's anyone out there that wants to know everything that happened they had 45 minutes to spare, pull up what susan collins did yesterday, that was the best description i have heard, now, if you don't have that much time keep in mind that this all started with dr. ford and they've had that information for months in advance, there had to be a reason and figure it out logically, we know what the reason was and remember also that they made the statement, it doesn't make any difference who this president nominates, they were going to be oppose today that person, we found out this morning they had signs made up some amy referring to amy

barrett, i think she's in the seventh district. they're going to to opposed to e that comes out of this administration. bill: cana. dana: people complaining about the process, that the proscez broken and something has to change, what is your perception of that? does the process exist that it wasn't abused? >> no change. people with different ideas, the democrats who don't want -- let me say -- democrats are disciplined and they are going to oppose anyone that would come out of the trump white house, so the process is all right, it's just that people, you know, when they are dug in no matter what the process is it's not going to work, it's going to look bad and this does look bad but it's not, it'll be over in a few days.

i was around when clarence thomas went through the same thing and, of course, the accuser in that case was from oklahoma. i remember it so well and they said this will never be the same, yeah, it's the same. it's going to work. bill: senator, go back to your comment about susan collins, she really divided the speech in, two one was the defense of kavanaugh's record judicially speaking, his legal history and the other half she threw spear through allegations against him of sexual assault and gang rape, did you watch the speech? >> i watched it, in fact, i was with president trump when i was watching it yesterday and she is kind of two different attacks there, one as you pointed out very accurately, but it was put together in such a way that it's so understandable and she, susan, is so credible and i thought she did fantastic job and i think that everyone who is confused about the system ought to pull it up and watch her one

more time. i'm going watch it again. bill: we've had debate about gender, men and women in america, was it important to have a woman deliver the message she delivered, do you think? >> well, yeah, i think it probably was. i'm sure it didn't go unnoticed. she had two other women, senators right behind her all of the time. i think that's important. the ones i talk to are the maybe -- maybe oklahomans are different. the women i talked to don't agree with the hysteria that's going on right outside the window today. dana: i wanted to ask you about that because obviously there's protest today, you can hear them in the background and growing as the vote gets closer, you represent oklahoma, i'm sure your office headphone -- phone calls, what did you hear from them? >> of course, the ones that call in were -- it's about 10 to 1

that call. we have a lot of professional callers also that call in. i was hitting the street by someone screaming in my face, actually touching and all that stuff. i said, you're not from oklahoma, we don't have people like you in oklahoma but they are out there. last night i even drove down where they are gathered right now and they all said, i saw a couple of them, i'm sure you will have a good time tonight, stay up all night long, it's not going to change, he will be confirmed tomorrow and great thing for justice system. dana: senator james inhofe. bill: apparently viewing gallery is halfway full from crew working that part. i have to think some people in part are protestors. dana: just like we did at the initial hearing if you remember that. all right, tensions still high on capitol hill, you are seeing it here. protestors being arrested as the

senate gears up for final vote on judge brett kavanaugh. senator susan collins saying the time for talk is over. >> we've heard a lot of charges and counter charges about judge kavanaugh. but as those who have known him best have attested, he has been an exemplary public servant, judge, teacher, coach, husband and father.

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they know what it takes to help keep you protected. are you in good hands? dana: welcome back, the senate standing on the brink of momentous decision as it prepares to vote on the confirmation of judge brett kavanaugh. 3:30 p.m. eastern, a littleless than 2 hours from now after weeks of heated debate senator

telling shawn that there's no question. >> i looked through juries prudence. it's not always as conservative, looks at the ball of -- bill as how it says. dana: we will go back to panel, so many guests to talk to. ii want to bring chris and mention two things to him, first of all, generic ballot in last 3 weeks you have seen advantage for democrats being to what it is to really narrowing down. if you look at the polls, i just wonder if the democrats have succeeded in, you know, energizing the republican base and depressing their own voters. excuse me, i will look at my phone real quick, from nrcc, money raised up, individual donors up 273%, donations up 279% and they just said that

compared to this time in 2016 their donations are up 1,111% and that that hails in comparison to what the democrats have raised. the politics, it's a wash and cash. >> politics, neither of the parties are wanting for money. 1,000% increase. dana: 1,111. >> democrats have 60 house candidates who individually have raised more than a million dollars this cycle. dana: wow. >> the enthusiasm and intensity is huge. another good metric for republicans of how that intensity factor has gone up with kavanaugh. the question is this, can they maintain it for the next month and what are they going to do to keep this coalition engaged. we know what the problem has been for republicans, they have been divided, traditional republicans, suburbans versus working-class white voters, the

maga coalition especially in upper midwest, the places that delivered like pennsylvania for donald trump. that's not a happy family typically. kavanaugh come nation and fight deals both supreme court which is paramount importance for conservatives but also deals with sort of a reactionary social movement, right, it's a moment, it's about the same sort of cultural conflict that got donald trump elected, soit brought them together, can they stay together and stay enthusiastic for the next month, we will see? bill: what rehearing in terms of numbers and projections and gazillions. >> yes, many of us did not want brett kavanaugh on the court for many reasons, if he is, indeed, confirmed today and we move onto something else in next 30 days, the democratic voters, people on the left, independents will continue to get more fired up and we are betting that republicans won't maintain the anger they've had because they

got their guy confirmed. i also am hearing from my democratic friends that they do feel differently about the house and the senate. the senate map is already tough, we talked about joe manchin and we talked about heidi heitkam, the house map because of the math and the mass better for democrats and the places democrats need to win kavanaugh like donald trump is under water in terms of where the polls are. bill: our projections, we have two and a half dozen house seats that ebl are legitimate toss-ups, could be a few more or a few less. dana: do we still have karl rove? i don't know if we do. one of the things i was going to ask him just about this idea of anger does it work, right? if you lose and you're angry, can you stay motivated for the next 30 days to vote or if you're a republican and reunified for the first time in a long time and we do have karl rove, great. karl, i wanted to get your take

on politics of all of this, democrats going down the road and you end up with the possibility that the red state senate democrats, that their changeses were not helped by this process. >> well, look, some democrats will remain angry and that help them in some respect. to every action there's a reaction. i heard marie say that yesterday or the day before. the democrats angered about this, they'll be reaction on the part of republicans, but here is the other thing to remember and that is the harvard-harris poll had interesting question. it said what would happen if there was an fbi and no corroborating evidence and 40% of democrats said kavanaugh should be confirmed, so there's going to be a bunch of democrats who this issue of corroboration was there evidence to show that he actually did these things is going to be dispositived so not

every democrat is going to be wound about it and some more democrats say he's guilty, the more some democrats will say well, you didn't have any corroboration to that i don't buy into it. bill: you know brett kavanaugh personally, you worked with him in previous lives, you were there 6 and a half? >> 7. dana: 49. i was there a long time. [laughter] bill: how does brett kavanaugh as you know him personally, how does he handle this publicly, what does he say, when does he talk, what's his demeanor? dana: karl, to take a stab at that, the only person to defend himself, he didn't have any other choice but to defend himself in front of the senators that day when he had the second hearing and that's the one where people questioned his temperament but he was not a judge at that moment. he was a human being and when

his voice cracked is when he said this process ensured that i will never teach again or coach again and that's when he got emotional. he wrote op-ed in wall street journal in which he said, okay, if i am confirmed i recognize that people thought i got a little heated but my 12 years as a judge that that's who i will be, i do wonder, karl, what it would be like and we can bring shannon, how does the other justices treat him? >> well, i think that depends so some degree on how he treats them. you know and i know the answer to that. he was incredibly good colleague, one of the kindest people i ever met, diplomatic, thoughtful, he had a tough job as dana knows as staff secretary where he had to take different opinions from different people and melt it all together in a document that was worthy of going to the president of the united states and accurately reflected the different options that people were proposing to go to the different and many times i heard people say you know what, brett made my argument

better and someone would say, he made my argument better and i'm opposed on the issue. when he goes to the court he will be a tremendous colleague just as he was a fine colleague and friend to you and i when we were in the white house. one of the people with enormous integrity and characterrened i think his colleagues on the supreme court are going to in years ahead welcome his presence there and -- and come to depend upon him and admire him just like we did. dana: in commercial break i will explain what staffing was. that was one of those things. karl, thank you. be sure to stick to fox news channel for confirmation vote, senator leader mitch mcconnell live from capitol hill straight up at 3:00 p.m. bill: hour and 20 minutes from now we see the senate majority leader, we expect the vote two hours from now, that's what the clock says now so anticipation building as we await the final senate vote on brett kavanaugh to the 114th u.s. supreme court justice.

look at how senators are likely to vote, special coverage continues in a moment, the senator from hawaii is now on the senate floor.

bill: senators taking their turns, democratic senator from hawaii still there. i want to bring up our panel jack holmes, andy mccarthy, chris, shannon brie in a moment as well. reflect on the lunch yesterday, mitch mcconnell goes to lunch with susan collins. that appeared on the outside as a moment of peace among the two. >> well, i think they've had peace all along. i think up with of mcconnell's great gifts is listening to his members and not just in category of whipping votes it's just kind

of in totality and had great relationship with susan collins. this is not ever responded well when people try to push her around and one thing she requires is more information and any information that you've got you have to provide her and that's evident in the speech is that she ultimate gave yesterday well speech since i've seen on the floor in my time 15 years of being around. impressive. facilitating the information to her is something you did well. dana: josh, talk to us about how -- people who worked for senator mcconnell over the years say do not underestimate him and from him going -- you know, two years ago in october 2016 trump supporters, we can't stand that mitch mcconnell and now they look at mitch mcconnell who was able to get this across the finish line in addition to 26 other judges so far. >> yeah, i mean, politics is a roller coaster, right, there's

ups and downs, mitch mcconnell has always been a bulldozer, he plows through every difficult situation, makes sure that he's discussing with members what it is that they -- their concerns are and sets process in place that gets you to best possible situation to get good outcome and in the end that's what we saw here. we saw opportunity for people to cut and run when it got tough, based on the evidence and discussions with judge kavanaugh that he felt very good about this nominee and members ultimately would too once they had the opportunity to review owl of the material. bill: dana, i know you like this line, president of national women's law center, here is the comment, this is a career-defining speech for collins, not just in 2020 but it will be a core piece of her legacy. senator from maine almost challenged susan collins to rise to that same level. in the 1950's, how that senator from maine shut down the

operation and in a very similar way that senator collins did yesterday afternoon by finally voting process forward. when you think about the balance of power in the supreme court, you think about the hearing on behalf of judge kavanaugh, tom, you think about the cases that he specifically mentioned and speech that he prepared about executive power in which cases he believes based on history were the most precedent setting and susan collins referenced those cases yesterday. it gives us a glimpse a little bit, tom, into what can be expected. >> look, i was fascinating frankly when senator collins started citing specific case that is judge kavanaugh had referred to during his testimony. oneone of the criticisms we head from judge kavanaugh and the process is he might be willing to give blank check to executive, in his testimony and when he cited the supreme court cases that have resinated with

him over time on the bench, many of them did concern the judiciary's critical check on executive power and ensuring that we have separation of powers, balanced government and so i think that judge kavanaugh presented his constitutional thinking as far more nuance and thoughtful than many of the caricatures that we see out there. dana: i wanted to ask you about the big major issues, big buckets of issues that supreme court justice brett kavanaugh should be confirmed in an hour and ten minutes, what do you think would be the big issues, the ones that he has to tackle first? >> well, i think two, dana, are very important and he talked at length about both of them in his confirmation hearing, one is privacy and the continuing clash that we have between the values of the fourth amendment and the changes in technology, the needs of national security and where we strike the balance there. the other one i think that is very important and i think it's been misstated a great deal is

the business about what happens if some issue regarding president trump were to come before the court and i think his position is that if the president is to get protection that has to come from congress, the court is not in a position to exempt the president from civil or criminal proceedings. dana: right. veries have -- very fascinating. bill: great panel, they are not going anywhere, here is patrick leahy, democrat from vermont. we will eventually make our way toward that hour which right now appears to be 33:03:45 east coast time. back in a moment right after this. ♪

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bill: senator leahy on the floor lacing into brett kavanaugh even at what could be the final hour as we get closer and closer to a vote. democrats still on the floor here, republicans as well as they take turn alternating for the past 28 hours coming up on hour 30. dana: working on 30 hours. 90 minutes away from the final confirmation vote on brett kavanaugh.

supreme court expert, you have been there from the very beginning, shannon as this wraps up, i wanted to get your overall thoughts? shannon back to the beginning of september when we went through the initial hearing we thought would be the only week of hearings for brett kavanaugh, the things that we talked about with him then, the first time nominated on the court where he sits now, he was nominated in 2003, until 2006 he didn't make it to the bench. this guy is a marathon runner, he's done two big marathons and i think that's a rook at what he's been through through this process. i don't think they ever thought that they would go to these places they've been in the last couple of weeks, but he is long been one of those guys who says it doesn't matter what happened to me in the process i'm not going anywhere and all of us had moments looking at him and his family, daughters, maybe this is enough. maybe for them they say we don't go another step further in this and with all of the delays and

add-ons to the time, somebody who said i'm going to stay the course and nobody is going to run me out of this. he had to run a marathon and maybe today it ends. dana: i know you take over for us in just about an hour with mitch mcconnell. >> see you then. bill: thank you, shannon, we believe the vote set to happen 90 minutes from now, protests building at the steps of the capitol. full coverage continues right here on fox top of the hour. new ensure max protein. in two great flavors. when you're looking for answers,

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bill: 2:00 o'clock, monumental moment in the making, protestors screen right, capitol in the middle and the senate inching closer to confirmation vote for brett kavanaugh set in 90 minutes from now based on the clock. good to have you with us along with special coverage here on saturday, i'm bill hemmer live in new york. dana: i'm dana perino. protestors are not giving up, they continue to converge on capitol hill, police arresting some of them in the last hour, senate majority leader mitch cock -- mcconnell to move to confirm votes on judge brett kavanaugh. >> they were very guarded on making announcements, not