>> on this vote, the nazar 48, the nomination of brett kavanaugh of maryland to be an associate justice of the supreme court of the united states is confirmed. >> with that, it is finally official. judge brett kavanaugh is justice brett kavanaugh. in the last few moments we have

received the official photos showing the newest justice being sworn in with two different oaths. one administered by john roberts and the other by a mentor, anthony kennedy who he now replaces on the high court. you can see the strain this process has put on the justice in his family. confirmation came today after narrow senate vote and a more contentious battle. there is some celebration tonight. republican lindsey graham declaring i am not tired old winning. president trump telling reporters that kavanaugh is an outstanding person who will be on the high court for many years to come. his second nominee securing just barely enough votes for approval. republicans believe this has fired up their conservative base ahead of the midterms. he will be taking the stage in a little bit. we should get a glimpse of the president, we'll go that live. >> good evening, this is the fox report.

>> all of this coming after confirmation battle that literally rocked washington and further divided the nation. it sparks conversation of sexual assault as kavanaugh denied allegations that led to an fbi probe. an aggressive protest that are still going on at this hour. democrats fought hard to delay the nomination were defeated. mitch mcconnell pushed ahead with the vote putting an end to months of bitter partisan ranking. >> there were times i wondered if we would win but i never consider for a moment quitting. that would've been unfair to judge kavanaugh, his reputation has been dragged through the mud for two weeks. he needed to have a boat. we needed to have a vote. the president and i talked about if we came up short we are going to deal with another supreme court nominee this year.

>> john is standing by, leland has the latest on the protest, first let's start with michael who has been all over the story. >> good evening. it has been a nasty few weeks on capitol hill. leading to this historic vote today. the scene was serious on the senate floor. ninety-nine senators sitting at the respective desks for this historic vote. it was not the standard boat with senators walking around giving a thumbs up or thumbs down. ahead of the vote mitch mcconnell made a passionate appeal for the senate to confirm the judge. >> judge brett kavanaugh is among the best our nation has to offer. he will make the senate in the country proud. he will serve with distinction on our highest court. >> mcconnell praised susan

collins and jeff flake, calling them heroic for insisting on the fbi review of the allegations against judge kavanaugh and then delivering critical votes. on the other side chuck schumer called on his face to step up. >> change must come from where change in america always begins, the ballot box so, to americans, and so many millions were outraged by what happened, there is one answer, boat. >> montana republican steve daines was not here. he was walking his daughter down the aisle today. his boat was paired with lisa murkowski, the only republican to oppose confirmation. >> i believe judge kavanaugh's a good man. he's a good man. he is clearly a learned judge. but in my conscious, because that's how i have to vote at the end of the day is with my

conscious, i could not conclude that he is the right person for the court at this time. >> maryland democrat, chris van holland complained bitterly about the process. >> the decision to plow right through will undermine and haunt the integrity of the supreme court for decades to come. >> 31 days out from the midterm election and the supreme court bite seems to have ignored it both sides. >> when you hear these democrats talking about plowing through with the nomination they look at harry reid who opened the door to 51 votes, simple majority to get the nominations through. the president to put it front and center in 2016. when you hear them say get out and vote is going to be a big issue. >> we've seen the protesters both for and against the

kavanaugh nomination. the republican leaders said they were worried about how they would get the base fired out to get there and support candidates. they say the supreme court fight has done that. democrats feel it is fired up their side as well. we will see if the turnout is better than the standard midterm election. >> the president is about to hold a big campaign rally shortly after kavanaugh sworn in. the president is expressing his strong support of kavanaugh. >> he will be a great justice of the supreme court. people have thought that for ten years. he is an extraordinary person, a great talents. he will make us all very proud. >> john roberts is live at the white house. it seems like the president is so happy he can't stop talking. he tweeted, he spoke with

reporters and then on the tarmac he spoke. and he will speak at this rally. >> we have some noise going on behind me. there protesting what happened today. they sound pretty good for protest. watch for the president to be on fire tonight at the rally. officials say he is thrilled with the results of the confirmation vote. on his way to topeka he called kavanaugh to congratulate him. the white house swearing in of kavanaugh's going to happen on monday evening. as you mentioned as he landed in topeka he stopped to talk to the camera listen to what he said. >> the boat is now in in our country has a truly great new supreme court justice. we are very honored by its. he is an outstanding man in person. what they put him through, the democrats through his horrible.

>> on board he sat with the pool and as the vote came in he was asked about his statement there should not be doubt whether the allegations about kavanaugh were true. the president was asked was he 100% certain that christine ford named the wrong person. >> i have no doubt. the fbi has done an excellent job. they went through it seven times. if there are any problems it that would've happened over the last 25 or 30 years. if any of that was even a little little bit of something. >> there is a white knuckle moment yesterday when susan collins took to the floor to announce how she was going to vote. earlier the white house had been called by joe mansion who said i'm going to vote yes. they assumed senator collins would vote yes but she did not call the white house.

they thought she wouldn't call unless you were know. everybody was on the edge of their seats until the moment she said she would vote for kavanaugh. earlier in the week she was critical of what the president said about christine ford. i asked the president about th that. >> you and senator collins have not always seen eye to eye. what do you think of what she said on the floor. >> i thought that susan was incredible yesterday. you could see how hard she works and how hard she was working, she didn't stop. i spoke with her, she didn't stop. she gave an impassioned beautiful speech yesterday and that was from the heart. >> high praise for senator collins. just before the president came out he had done a quick interview over the telephone

with the washington post and he took aim with lisa murkowski telling the post she will likely never recover from her no vote against kavanaugh and alaskans will never forgive her. it is four years until she's out furlough reelection. >> you know there is a midterm election coming up in a month. others are on the ballot. you are reporting that joe mansion was unlikely yes. is there a sense that the president may pull back on west virginia after getting the vote from mansion and focus on north dakota? >> i talked yesterday to some white house officials about the idea that i would be willing to lay a bet that the president doesn't do any more campaign appearances. all i heard down the other end of the line was a chuckle. i don't know if there's a deal made. he has nine points ahead in the

candidates he's against is not particularly strong. i don't know they will back off but indiana north dakota and missouri will be a big focus of the president campaign. >> thanks for sticking around late. >> we mentioned a day of protests, brett kavanaugh sworn in leland has been in the middle of it all, all these demonstrations. he joins me from outside the supreme court. it's interesting the photos in the swearing in was happening inside the court behind you while hundreds of people were outside screaming and protesti protesting. >> the people behind me are either the diehards who haven't decided to go home and those who haven't gotten arrested. this is one of the secure entrances and exits.

when a couple of the u.s. marshall suvs came out with some of the justices, maybe with brett kavanaugh people were throwing water and it got pretty tense for a few minutes. we did not see arrests out here. it is a different scene out here when protesters rushed and then also on the steps of the u.s. capital there is about 150 arrests around 11 or 12 before the vote happened. after the vote the capitol police cleared the plaza. vice president pentz walked out to a chorus of chance. >> that continued for a while. it could be difficult to tell from the video but the president turned around and walked into the senate and then walked out

went down the stairs and into his motorcade to all the chance. the crowd has continued to dwindle. a lot of people have been pro- kavanaugh, anti- kavanaugh tourists who one did to take a look at some things. >> i think there is an injustice that will not. >> does that were you as a democrat that the republicans will be galvanize? >> i'm not sure how worse it could get. >> why don't you come up in a confrontation? >> you don't think republican should be worried about a backlash? >> no to make you think they should celebrate? >> the one thing we continue to hear over and over was as much as the crowd was resigned on

both sides that brett kavanaugh was going to be confirmed, they talked about this is just the battle in the war leading up to november. the speeches came about turning out the vote in november and turning the protesters into people who will work the polls and canvas streets. >> spew on the confirmation vote is over. no justice kavanaugh's preparing for his first day on the job next week. i will his presence on the court impacted? joining us is elizabeth, the president of the constitutional accountability center. >> i was live on the air last week when lisa murder murkowski was delivering her for speech about which way she would vote. we knew she was planning to go no. but then we thought she was saying yes. she said i have come to believe that judge kavanaugh was more in line with her as a pro-choice

republican. she doesn't think he would vote to overturn roe versus wade. then she ended up voting present. a month ago if a swing vote had felt he wasn't going to vote to overturn roe she would have been a yes before all of the sexual misconduct allegations. he reminded me that we haven't talked about some of these big issues like abortion and same-sex marriage. it's all been about sexual misconduct. what kind of justice do you think he will be? >> when president trunk nominated brett kavanaugh it was after a campaign in which he talked about how he wanted to mold the supreme court that would overturn roe versus wade and got the affordable care act frankly, listening to senator collins speech when she described him as this centrist

who would not do all those things. i cannot imagine that trump and the other republicans would be celebrating if he was going to be that kind of justice. i think the protesters we are seen engage with such passion will continue that momentum when we start to see rulings that do limit the right to abortion that you strike at the core of the protections of the affordable care act. spew one that gets to my question, everyone has been shouting at one another and hasn't been paying attention to both the 300 decisions and opinions he had written on the second highest court in the land. but, they did not listen closely to what susan collins said. let's hear that and i want your reaction. >> that judge kavanaugh is more of a centrist than some of his

critics maintain. it's reflected in the fact that he and merrick garland voted the same way in 93% of the cases they heard together. indeed, chief judge garland joined in more than 96% of the majority opinions authored by judge kavanaugh, dissenting only one. >> it feeds perfectly into your point which is that she said merrick garland, the person that they wanted on the high court makes republican say wait a second. she called him a centrist. while there is celebration at the white house this is someone who could be less conservative on the court then conservatives think? >> i have no idea why senator collins thinks that. i have read the opinions from the d.c. circuit and many of his

conservative colleagues think sometimes his opinions go too far. i have no idea what she's talking about other than maybe trying to save herself from feeling bad when she wakes up in the morning. he is not a centrist. >> maybe try to explain the vote in speaking to the left saying he's not as conservative as you think. >> trump would not have naman him if he wasn't going to strike down roe versus wade. >> he said that in the debate that he expected he would nominate pro-life judges as he did with neil gorsuch chen brett kavanaugh. then it will be overturned and go back to the states. people haven't talked about the economy, government regulation. on the court of appeals kavanaugh has been aggressive in trying to do away with regulations.

>> i think that is why conservatives are happy to have judge kavanaugh be justice kavanaugh. a lot of the rollback of economic, environmental and consumer protection, healthcare, civil rights litigation can often only be rollback through litigation with conservative judges. as we have seen with the affordable care act the american public supports most of those. you are not going to achieve it through the political process. they look to conservative judges who want the smaller government to be in place and will strike down the regulations. >> this is a rare opportunity for this president to reshape the high court. we appreciate you weighing in. we mentioned the president about to give a speech in topeka, kansas. after brett kavanaugh was sworn

in. we'll get into that plus the fight over kavanaugh could reflect and affect the voters in republican intensity in the midterms. that is up next. >> nothing turns republicans on like a court fight. they played right into our hands in retrospect and turned it into a big issue and turned it front and center going into the november election. the first and only treatment of its kind offering people with moderate to severe psoriasis a chance at 100% clear skin. with taltz, up to 90% of people quickly saw a significant improvement of their psoriasis plaques. don't use if you're allergic to taltz. before starting, you should be checked for tuberculosis. taltz may increase risk of infections and lower your ability to fight them. tell your doctor if you have an infection, symptoms, or received a vaccine or plan to. inflammatory bowel disease can happen with taltz,

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>> all you have to do is look at the polls over the last three or four days. it shows that their rage fueled the resistance is starting to backfire at a level that nobody has ever seen before see one that was president trump on thursday. you can see the live picture on the left. it looks like he's coming out early in topeka, kansas. we are going to go to him live in a moment. i wanted to bring in from the daily caller. we can do a play-by-play. we want to hear from the president.

real quick point terms of what we have seen today. >> the confirmation of brett kavanaugh we saw the successful vote, there has been a rejoicing among officials. they expect this to have a major impact in the midterms. i expect the president to make an impact in a statement about that today. he will make that the rally cry about how he could be treated if the house were to flip. >> let's hear from the president. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪

♪ >> you never know when somebody is nominated by a republican president they can turn out to be less conservative or more conservative. are you still there? >> yes, i can hear you. >> what you think about justice kavanaugh what we might expect. >> in terms of opinions, there is an expectation among all the people familiar with the judiciary that he is one of the most conservative justices to be on the supreme court in many years. susan collins speech didn't hit the mark with many conservative legal scholars scholars that i have known. they talked about how he is solid on abortion and the issue of regulatory. >> pardon me, i think the president is getting an opportunity to talk. he has had a rare opportunity during his first term to reshape the high court.

[applause] >> hello kansas, thank you very much. hello. thank you i am thrilled to be here with all of my friends on this truly historic night. this is a historic night. [applause] i stand before you today on the heels of a tremendous victory, where our nation, our people and our constitution.

just a few hours ago the u.s. senate confirmed judge it brett kavanaugh to the united states supreme court. [applause] [applause] i proudly signed the judges commission aboard air force one just before landing. [applause] this monday night at 7:00 p.m. in the east room of the white house, we will perform this swearing in ceremony for his soon to be justice kavanaugh. a great man. [applause] he will sit proudly alongside

justice neil gorsuch which. [applause] who is doing a great job, to uphold your sacred rights and to defend your god-given freedom. [applause] i want to thank our incredible republican senators refusing to back down in the face of the democrats shameless campaign for the destruction since the moment that brett kavanaugh radical democrats launched a disgraceful campaign to resist, obstruct, delay, demolish and destroy

right from the beginning. brett kavanaugh is a man of great character and intellect. [applause] he is a totally brilliant scholar who has devoted his life to the law. he is a loving husband, a devoted father, and a faithful public servant. he always has been. [applause] what he and his wonderful family endured at the hands of democrats is unthinkable. in their quest for power, the radical democrats have turned into an angry mob with this screaming and the shouting, not from the 200 people, those

people couldn't fit in the front row. look what we have here tonight. [applause] they threw away and threw aside every notion of fairness, justice of decency and of due process. nobody has seen anything like it. each of you will have a chance just four weeks to render your verdict on the democrats conduct at the ballot box. you have to vote. on november 6 you will have the chance to stop the radical democrats, that is what they have become by electing a republican house and a republican senate.

we will increase our majorities. we need more republicans. we be more republicans. over the past few weeks every american has now seen the profound stakes in the upcoming election. we have been energized if democrats are willing to cause such destruction and the pursuit of power, just imagine the devastation they will cause if they of their obtained the power they so desperately want and craig. you are going to have other supreme court justices, and places to be filled. it could be three, it could be four, it could be a lot.

and if you allow the wrong people to get into office, things could change. they could change fast. we will not let that happen. it can go very quickly and change very fast. we cannot let that happen. you don't hand matches to an arsonists and you don't get power to an angry left-wing mob. that is what they have become. [applause] the democrats have become too extreme and too dangerous to govern. republicans believe in the rule of law not the rule of the mob.

we are doing a hell of a job doing it. we are draining the swamp that we want to beat the democrats conclusively. [applause] under republican leadership, america is booming. america is thriving. america is winning. we are finally putting america first. we are putting america first. yesterday it was announced that

unemployment has fallen to 3.7%, the lowest unemployment rate in 50 years. we have created nearly 600,000 jobs in the last three months alone. if i ever said that when i was campaigning, the fake news media would go and say impossible. they are fake. manufacturing confidences at an all-time high. confidence is very important. all time high. we have the best economy in the history of our country. the best.

we are taking care of our veterans, protecting our great seniors, and rebuilding america's military might like it hasn't been built before. [applause] but, if democrats take control they will try to plunge our country into gridlock, poverty, and chaos. it can change. the democrats want to significantly raise your taxes. essentially they want to impose socialism, venezuela dismantle law enforcement, and eliminate our borders. they want nice open borders. no way. the democrats have become the party of crime.

republicans are the party of law and order and justice. [applause] we really have become even more so the party of opportunity and wealth. that is what is happening. were creating wealth for everybody. whether it's small business, or people wanting big jobs and wages right now for the first time in jobs, you can choose the job you want for the first time so we are thrilled to be joined by a number of your states terrific republican leaders. i have to tell you, i was not supposed to be here. this is such a big day.

i was supposed to call you they said would you mind calling chris and telling them that because of the fact that today were giving this great talented wonderful supreme court judge they said could you call the people of kansas and tell them we won't make it tonight and i said i can't do that they called me and they said we are signing the next united states supreme court justice. the biggest thing a president can do is supreme court justice

and some of that has none. we have had to in less than two years. it's the biggest thing you can do i said no way i'm canceling it. i said no way i had that phone working and i had that signature going we just put up big movie screens but this is better i want to change congressman roger

it's been a great friend. it's been a great friend also, ron estes like great person. they helped us so much with the tax cut i was so many things where are they? >> thank you very much. also, i want to thank somebody who has done a fantastic job, gop chair, kelly arnold. we won the state by a lot.

after what i just did for you i think we should double it up u.s. mca i refuse to call it nafta. 50000 factories emptied out. millions of jobs lost. i said there is no way i am calling it after two. we opened up agriculture and a lot of things. everybody is really happy

congratulations. we signed a great new deal with south korea. we are working right now i said you're not willing to make a deal yet. were working on a deal with china. >> will see. they have been hitting us hard for a long time. $500 billion a year. so, right now were doing extremely well with china maybe we will do it and if not will be in a better position. i also want to think a man of incredible integrity in class. your governor, jeff.

jeff is a great guy he's doing an incredible job i said when i backed chris great governor, great man. we are also joined by kansas attorney general derek schmidt. [applause] and president of the kansas state senate, susan waco. i'm also proud that our campaign manager, brad where is brad? the guys like 7 feet tall you

can't miss, our chief operating officer, mike glassner. right from the beginning thank you. they all come from kansas. [applause] i guess that is how we win. if you get from kansas you win. along with our amazing secretary of state, he's doing a great job. this guy travels more. you have to do that to be a good

one. if your home a lot your are not doing much of a good job. were doing a great job with everybody. mike pompeo, from kansas. great man. also here with us tonight is your next lieutenant governor. thank you. [applause] a man that has been with me from the beginning, he is tough, he is strong and i hated that he ran because i would've loved to bring him into my administration. if he loses all bring him into my administration. but don't do that.

then he went out and he has been winning and doing an incredible job. he loves the state. he loves it so much. i want to introduce the next governor of kansas, chris called back. [applause] [applause] >> let me just say that on behalf of all of kansas, welcome to trump country.

it is such an honor and blessing to have president trump here to support my campaign in the state that we all love. [applause] i want to give president trump credit for something important, we worked on a number of things but the most important is stopping illegal immigration. [applause] i am so glad that america has a president that gets it and knows that illegal means illegal.

i want to tell you a quick short story. i began working on this when i was an advisor to john ashcroft. i was there doing 9/11. all 19 hijackers came into this country legally on temporary visas. five it became illegal, mostly by overstaying their visas. four of the five were stopped by state and local law enforcement for speeding violations. they were illegally in the country at the time but the cops didn't know it. they didn't make an arrest even though they could have if they had that information. three of the four illegal aliens they could have arrested were pilots. if they had made those arrests,

they could have stopped 9/11 from happening. those numbers have shaped my career. the gravity of that has not left me. i am president trump will not let our immigration system be used as a weapon to harm the american people. [applause] stopping illegal aliens is not just about jobs. it is not about crimes, it is about our nation security. that comes first. [applause] illegal immigration is an issue in this campaign for governor. did you know my opponent voted to continue allowing sanctuary cities in kansas? she did.

look it up. it is in the roll call vote. when i am governor, god willing, sanctuary cities will and in this state. [applause] laura kelly also voted to allow illegal aliens to continue to get welfare benefits. so, while we are struggling to pay our electricity bill. to pay higher taxes, meanwhile we are giving taxpayer dollars to illegal aliens. is that fair? it is time to stop illegal aliens from getting taxpayer dollars. [applause] it is time to put kansas first, not illegal aliens. [applause]

there is another big issue. voter fraud. because of the law that i drafted and the kansas legislature passed, kansas has the most secure election laws in america. [applause] photo id creates trust in our election. if you need a photo id to cash a check or by that kind of sudafed that works, you ought to need one to go cast a vote in an election. [applause] improve of citizenship too. every time an alien votes it cancels out the vote of a u.s. citizen. the democrats and their socialist friends claimed they

care about voter cancellation or suppression but they don't care about u.s. citizen boats being canceled out. one more topic, taxes. thanks to president trump our federal tax burden is much lower. [applause] in kansas, our state taxes are the highest in the region. it is time to qatar state taxes and kansas. [applause] when i am governor, the first bill i want to sign is one that passes on the trump windfall

$107 million on top of that, you have thousands being taxed out of their own homes because of appraisal increases. when i am governor, we will put a 2% cap on property tax appraisal increases. [applause] to put it simply, i want to do for kansas what president trump has done for america. [applause] [applause]

we have a big election ahead of us on november 6. it is a point of choice not only for america but big decision for kansas. tonight, president trump is here calling on us to vote and to stand up. the time is now to stand up to the proven principles of the constitutional rights that have made this country great, and has made this country strong. [applause] the time is now that we must reject the political correctness that the progressive and the left are putting on us. we need to stand up for the time-tested value of hard work, faith in god, and the united states constitution. [applause]

thank you, president trump for making america great again. [applause] and now, we are going to make kansas great again. [applause] thank you. [applause] >> what a job he did for me. what a job. he is going to be a great governor. he will do the job for you. he will be a great governor. he is a tireless champion for border security. he will fight for you every single day. he doesn't stop. he will protect your family, he will protect your children. his far left opponent is laura kelly. voted to raise your taxes.

she supports giving public benefits to the illegal aliens that pour in. laura kelly earned 10f rating from the nra. i assume that means she is not too big on the second amendment. is that what that means? everybody gets out ten vote for my friend, kris kobach on election day, please. [applause] finally, i want to introduce another terrific reporter and candidate, your next congressman, get out and vote, i need him in washington. steve watkins. [applause] steve is a great veteran, a

patriot, and a proud west point graduate. that means he is very smart. steve come on up. >> kansans can do anything. improve that. i grew up a couple miles away. and here i am standing next to the leader of the free world. not just any leader. a truly great one. when i left kansas i went, among other things, i spent 8 years in

war zones. 8 years with my boots in the sands of iraq and afghanistan. 8 years. and in all that time, all that time i learned a couple things. i know for sure that i have seen the devil. but i have also seen fighters. donald trump is a fighter. [cheers and applause] >> he fights for america first, he fights to keep our borders secure, he feet for jobs. he fights for those at or approaching retirement. and we are so honored to have him here in kansas. [cheers and applause] >> he moved the u.s. embassy to

jerusalem. yes! he likes appointing pro-constitution judges to the bench. and he is tough on china, iran, and north korea. to other things -- two other things, gorsuch and kavanaugh. now, kansas, you know, might be partial. but think of how much more he could have accomplished if he were a kansan.

thank you, mr. president. thank you for all that you do for america and all of this world. we are so glad you are here. thank you, sir. [cheers and applause] [♪] judge jeanine: i'm push *. you are -- i'm jeanine pirro. you are watching president trump's rally live from topeka, kansas. president trump: a vote for his opponent, his name is paul davis. he's no good. it's a vote for the radical agenda of nancy pelosi and chuck schumer, and the legendary maxine waters.