[♪] mike: new reaction to judge kavanaugh as he's confirmed as the supreme court justice as protesters chanted outside. welcome to america's news head quawshters. i'm eric shawn. arthel: it come after weeks of heated debate on capitol hill. the president favoring the moment with reports in topeka, kansas. president trump: he'll sit proudly alongside justice kneel gorsuch. he's doing a great nobody to

uphold your sacred rights and defend your god-given freedom. mike: kevin corke live on the north lauren. good to see you. is the right was convinced that the kavanaugh bump will power republicans through the mid-terms? reporter: the opinion here is absolutely yes. people feel the way he was treated throughout this process. there were a number of bangers who feel he was mistreated. protesters, and just maybe by some in congress who a lot of people feel like were willing to believe his accuser whole cloth without regard to what the white house described as credible corroboration. effort in topeka, kansas, the president reminded the 11,000 in

attendance what's at stake in november. president trump: each of you will have a chance in four weeks to render your verdict on the democrats' conduct at the ballot box. >> meantime that was a sentiment the leader of the democrats in the senate, new york's chuck schumer echoed here. >> to the americans, so many millions who are outraged by what happened here. there is one answer. vote. reporter: you may have heard this, mike. there was a 10-point enthusiasm gap a week ago between the democrats and their view of the mid terms and republicans. that gap is down to 2 points. that's a clear indication both sides are fired up. mike: what are some of the first cases justice kavanaugh will see

as he takes a seat on the bench this week? >> there are interesting cases to be discussed. i'm sure he'll find them riveting. there is an armed career law they are going to look at. i think most of notably's going to get a chance to tackle the issue of immigration or specifically illegal immigration. the 53-year-old justice will take his seat on the far right of the bench right next to associate justice he elena kagan hired him to teach at harvard law school when she was dean of the law school. the question whether undocumented immigrants can be detained during proceedings. that case involves an illegal alien with a criminal record who is no longer in custody. the president will have that

swearing in ceremony for his newly minted justice kavanaugh, and his first day on the job is coming up tuesday bright and early. arthel: some liberal progressive groups calling for the impeachment of justice kavanaugh. the top democrat on the hughes judiciary committee is pledging to investigate the justice if democrats win back the house in november. congressman nadler saying we'll have to do something to provide a check and balance to protect the rule of law and protect the legitimacy of one of our most of important institutions. but democratic senator chris coons suggesting his colleagues should pump the brakes. >> we are less than a month away from an election. folks who feel strongly one way or the other about the issues in

front of us should get out and vote and participate. there has only ever been one justice who has been impeached. i think talking about it isn't necessarily healing us and moving us forward. arthel: we are joined by gayle trotter. ways your reaction to judge kavanaugh's confirmation and the process to get him there. >> it's great to call him justice kavanaugh today. while we saw the difficulty he and his family underwent during this confirmation process, today is a great day for all americans and those who believe in the rule of law. thearthel: do you believe and do you think americans believe the constitution will be the vanguard of the supreme court or will politics tip the scale of

justice. >> that's why we supported judge kavanaugh. he's faithful to the constitution. the most of important issue for you a judge is that they don't insert their personal policy preferences into the decisions. judge kavanaugh has demonstrated that through the 2 years on the d.c. circuit and now as justice kavanaugh he'll be able to faithfully adhere to the constitution on the bench as a supreme court justice. arthel: some of those who were not in favor of a justice kavanaugh continue to point out during the hearings how judge kavanaugh mentioned hillary clinton and in some sort of retribution intimating that basically payback is a you know what. does that concern you at all? >> not at all. when you saw brett kavanaugh

testifying before the senate judiciary committee last thursday, he was there as a man, a father, a husband, a son. the 30 hours of testimony he gave when the discredited allegations were launched against him. arthel: we understand he felt personally attacked and he was whether you believe either side of this particular story. but still the supreme court is a pressure cooker. that is also something others pointed out who were detract tores of just -- detractors of judge kavanaugh saying he doesn't have the judicial temperament to remain cool under pressure. >> people said that in regard to the d.c. circuit. but he ruled against the bush administration in their

signature terrorism case. and he was able to apply fundamental principles of fair play. that won't be a concern at all for him in his role as supreme court justice. >> what do you think the issues are at this point that they should focus on. >> they should embrace justice kavanaugh. and trying to go the impeachment route is giving in to their far left base. susan collins from maine friday outlined why she voted the way she did. instead the democrats should address the real issues americans are facing. they will have department opinions than president trump. but that will be more productive for the body politic than trying to go on this fruitless search to continue to obstruct and try

to thwart justice kavanaugh on the supreme court. arthel: those are the progressive groups calling for that. on the other side. should the gop campaign on the record jobs numbers and the healthy economy. or on the fear that if the democrats take over the house, i think democrats will solely work to expel justice kavanaugh from the supreme court. >> the republicans should use the positive message president trump continues to deliver on his promises. whether it be by tax cuts or putting america first in foreign policy, and more importantly delivering judges to the supreme court who are faithful, independent, and committed to the constitution. and president trump has been successful at that and republicans should be running on that in the mid terms for sure. arthel: gayle trotter, we thank

you very much. mike: the confirmation of brett kavanaugh to the supreme court drawing sharp criticism from hollywood. jeff paul is live from our los angeles bureau with more. hello, jeff. reporter: a lot of tweets coming from celebrities calling it a terrible day in american history. ellen degeneres tweeted in support of christine blasey ford. she said you put yourself through so much. and it wasn't in vain. actor jim carrey included a drawing called real american heroism. nbc "saturday night live" poking fun at republican senators.

>> everyone is pumped in white men over 60 to white men over 70. >> we made a lot of women worried today. >> the last thing wanted was to make this about me. that's why i folder one * to tune in at 3:00 p.m. so i could tell all my female supporters, spike. reporter: in other one * was upset over kavanaugh's confirmation. writing justice kavanaugh, hashtag wing. christy swanson known for her movie role "but why it vampire." those of us that still believe in due process won. reese witherspoon not mentioning

kavanaugh or ford, simply tweeting out about voting in november. arthel: there is breaking news on a wedding day tragedy. 20 people killed in a limousine crash. new details on the tragic accident. secretary of state pike pompeo is in pyongyang for his fourth visit to north korea. will he make headway in getting kim jong-un to abandon his nuclear program. our next guest is a former u.s. attorney who joins us. >> you have absolute proof that that wasn't told to the fisa court. you want your evidence of fisa abuse. there it is right there. ♪ we're in memphis, tennessee, a city with one of the highest increases of women-owned businesses in the u.s.

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(woman) learned ao play second language. applied to college. applied for a loan. started a business. started a blog. shared a picture. shared a moment. turn your wish list into a checklist. learn more. do more. share more. at home, with internet essentials. mike: at least 20 people have been killed in a limousine josh in upstate new york. the limo was carrying a wedding party when it slammed into another vehicle. all this happening in a crowd

tourist area. a news conference is scheduled for 3:00 p.m. eastern. arthel: house republicans demanding the release of key memos reportedly revealing deputy attorney general rod rosenstein allegedly secretly working to undermine president trump in order to remove him from office. devin nunes reacting earlier on "sunday morning futures" with maria bartiromo. >> mccabe's people said rosenstein was wanting to wear a wire to secretly record the president of the united states so they could use the 25th amendment to remove him. that's a bombshell if you have the deputy attorney general who is in charge of the russia investigation who appointed the special count willing to do that. arthel: rod rosenstein said the

comment was made in jest. he's expected to be on capitol hill this week to testify. mike: lawmakers interviewed former fbi agent jim baker saying there was another unnamed source feeding information to the fbi before the fbi launched their investigation of the trump campaign. that individual has been identified as michael sussman with links to the democratic national committee. >> you have one of the top lawyers for department krat and clinton campaign feeding information directly to the top lawyer at the fbi, before even the fisa warrant. so now you have absolute proof that that wasn't told to the fisa court.

you want your evidence of fisa abuse? there it is right there. mike are's a former prosecutor and united states attorney. what do you make of fox news report being a senior fbi official being in touch with a dnc lawyer sharing information about the trump campaign? >> i think it's probably much ado about nothing. the key word is dnc-linked. somebody who used to work in counter espionage or cyber-security at the fbi had a different client that he wanted to take to his former colleagues. that happens all the time. that's why these lawyers when they go into private practice are so out out because they know how to bring information to the attention of law enforcement. nunes has tried for months to make a mountain out of a

molehill. i understand why devin nunes may not want that to be the focus. but the facts presented to the court are pretty damning. mike: what are your expectations going in? >> rosenstein is in the hot seat. he has been in the hot seat for months. i think he's probably going to do what he has done to date which appease everybody as best he can. try to fight back sort of these political attacks. if he was going to get fired it would be arely would have happened two weeks ago. i think he's probably tonight for the long-haul or at least until mid terms he'll be in that position. >> is there something rosenstein can say to republicans on the oversight committees to calm relations? >> i don't think anybody on the

house intelligence committee is operating in good faith. the attacks nunes has made for months and months is furthest from the truth of how our law enforcement and intelligence agencies work. the attacks made on them aren't fair and they are substanceless. we have a president whose personal lawyer, national security advisor have all pled guilty. they don't do that because they wanted to. there is something behind the trump investigation. i think everyone will evaluate what the facts are. mike: there are congressional republicans who think this stinks. >> one of the questions, they have been pushing for the release of some of these memos of andrew mccabe.

what memos get releases and what memos don't get releases. some of the memos they don't want released substantiated what's in the carter page warrant. there will be some more of that maneuvering behind the scenes. this is an incredibly political investigation and political environment. mike: the other question will be with the kavanaugh confirmation done, will this be the week rosenstein has his face to face with president trump? >> i think he might, i think the president would have done that already. i suspect rosenstein decided he's not going to resign. president trump can fire him, if it does, i think it will set off a klain reaction that will be incredibly dangerous to the white house. mike: is a shake-up inevitable

at the justice department? >> anything is possible. i wouldn't put it past president trump. but we have to focus on what's happened here. the president is the focus of an extensive investigation in which his associates have admitted to federal crimes. there the he should be able to step in and reshuffle the deck on those investigating him should be a concern to anybody who cares about this country. arthel: will the battle over brett kavanaugh energize voters? >> i never campaigned against a colleague in my life. rucks. what the heck is that?! whoa! what truck brand comes from the family of the most dependable, longest-lasting full-size pickups on the road?

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>> brett kavanaugh has been confirmed and sworn in, but the battle may have just begun. republicans and democrats both open the contentious confirmation war will spur voter turnout in november. here is president trump last night in kansas. >> over the past few weeks, every american has now seen the profound stakes in the upcoming election. you now see it. we have been energized. we have been energized your >> your attorney with the latest from washington. reporter: hey, mike. the nation will have an impact in the election. look at north dakota were heidi heitkamp is facing a tough reelection battle. fox news polls show gore trailing kevin cramer by 12 points and the gap could widen after her vote against kavanaugh's confirmation. a third of voters said they were less likely to vote for heitkamp if she voted against the nominee. i could play out could play on

the mustard agrees another red states for where democrats are up for reelection. on "fox news sunday," senator lindsey graham said -- >> i've never campaigned against a colleague in my life. that's about to change. i'm going to go throughout this country and let people in this purple states, red states where trump on, know what i thought, why think about this process. reporter: that is one point both sides agree with. democrats are not happy with how the process play out either and went to the protest we saw this past week at the capitol is proof that a lot of voters are upset and fired up over kavanaugh's confirmation. >> we have an election coming up and i said to the women who are justifiably angry and they said they should be just focused like a laser beam on the elections because they are connecting the dots.

they know the senators are making this confirmation decisions of the people elected by their voters. reporter: house minority leader nancy pelosi on kavanaugh's confirmation now vowing to watch further investigation if the democrats are able to retake the house majority in november. my good train to midterm is 30 days from today. get ready. gary tenney, thanks a lot. >> judy miller is an adjunct fellow at the manhattan institute for policy research pulitzer prize-winning journalist and author as well. let's get your take. who's going to be more galvanized, judy? >> that is the key question for november. it is a long time between now and november in trump in terms because the president has a habit of creating a new headline the day. will the anger that so many women feel over the kavanaugh confirmation train late into

turnout or will republicans be energized. a great deal is at stake as you know. democrats need to senate seats to win control of the senate and they need 23 seats in the house to take back the house of representatives. and therefore, since democrats know so much is at stake even before the kavanaugh confirmation, and there was a lot of work, a lot of organizing. what kavanaugh has done this or minded republicans what's at stake. the cook report says that the moment this episode, this controversy seems to have helped republicans in the senate and democrats in the house. we will see. it's a long time between now and november. arthel: will american voters demand more than political bickering? will they vote on issues that affect them and their families?

>> traditionally they do. that is by mid-terms are so interesting. typically the opposition party, the presidents party pick up seats in these races. will the american people focus on health care, for example, were democrats have been arguing republicans are shredding obamacare, shredding coverage for the average american or will they look at the economy and say hey, donald trump is doing pretty well. our jobs are more plentiful than before. even wages are picking up. lowest unemployment rate for blacks and hispanics being used in years. it is very important democrats and republicans emphasize local issues that benefit them. the democrats are going to concentrate hard on these

especially democratic race is on health care because poll after poll shows that is a real hot button issue especially in the midwest where a lot of the seats are up for grabs. arthel: meanwhile, the crippling effect of partisanship is inescapable. will this deepen the political divide and if you think you will, what to fix in who leads the charge? >> i think it's inevitable and that's what happened when both sides seem to have reacted to the cabin on nomination and very predict the bull partisan ways. there weren't a lot of people swayed one way or another by the testimony that was heard in that extraordinary week now seems like many weeks ago but definitely this past week. i think that coming in no, it is so important to both sides that people begin to mobilize. what i worry about -- turn into

when you say people mobilize, and not mobilize an opposite direction. coming together as a country. i ask you what is president trump's role in bridging the political divide, the personal divide in many ways that has prevailed and begin to bring our country together. >> that he hasn't done that. time after time is exacerbated those differences. he has really played on fear and what divides us rather than what brings us together. the democrats for their part have not been able to craft a message that reaches across the partisan divide. we are at the moment in a very desperate situation and people like me who're independent analyst worry about democracy itself because democracy demands

simply people who will take the time to go. we know that only 40% of people typically do not in the mid-terms and not does not speak well for us and it does not bode well for the future. arthel: well, let's hope we all get it back together. this is a great country and the democratic process must rule, continue to roll. judy miller, thank you. >> thank you. mike: new development on nuclear talks as secretary mike pompeo wraps up his fourth visit with the leader of that regime. what he says about the progress in what we learn about a second summit between president trump and kim jong un. >> we got our hostages back from north korea and we have a good relationship. who knows what happens but i think the things. the same?

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visit to north korea with an announcement that he and kim jong un made unspecified progress towards efforts to dismantle the regime's nuclear weapon. this comes in south korea since washington and pyongyang are planning a second summit between both leaders as soon as possible. president trump weighing in at his rally in kansas last night. >> no more missile testing. no more rocket testing. no more nuclear testing. our great, great heroes [inaudible] [cheers and applause] and we got our hostages back. [cheers and applause] arthel: trading sues live from jerusalem bureau with more. >> good afternoon, ourselves. we are learning this afternoon secretary of state mike pompeo in north korea and kim jong un have agreed to arrange a second meaning between president trump

as soon as possible according to south korea moon jae-in's office. the president for the fourth time to meet with kim jong un. a 90 minute lunch at the korean dictator to discuss the next steps in a larger plane for denuclearization of the korean peninsula. the meeting follows a summit in june between kim jong un and president trump where was agreed upon north korea to work towards giving up nuclear weapons and improving relations with the united states since the gathering in singapore u.s. negotiations with north korea has stalled causing president trump to previously cancel a planned trip for secretary pompeo to pyongyang back in august. following the meeting in north korea the secretary straight travel to seoul south korea where he met with president moon jae-in peer pompeo says he and kim jong un had a productive conversation called the talks another step forward. before returning to the united states from secretary pompeo scheduled to travel to china.

china in a tight trade battle with the united states but also a key player in the north korean negotiations. arthel: thank you. mike: hoover institution fellow and former met run a campaign policy director, great to have you. >> good to be with you, mike. arthel: secretary of state mike pompeo spent several hours describing the talks as productive in another step forward. how do you without diplomatic speak? >> there's a lot of road left to be traveled. a significant amount of work to be done. we done. we are talking about some tough issues here, mike. on one hand we want the north koreans to abandon the very thing identified the country for so long. we talk about denuclearization, a very nuclear -- lengthy process. verification is something north koreans have been resistant to. the meeting between secretary pompeo and chairman kim is a

step in the right direction. in the right way as a way of holding them accountable for the promises they make. mike: the second summit with north korea is that wise or do at the north koreans to do something concrete first? >> the question is always going to be one of what the sequencing is. obviously north koreans would love a second meeting with president trump. they would love president trump to travel to pyongyang. i would argue we need the additional good faith from north koreans before we dignify north koreans at the meeting from our president. it's crucially important for us to see evidence the north koreans are moving in the right direction. whether that means dismantling concessions regarding monitoring. it's crucially important to show some good faith before we set

into motion the second meeting. mike: in your mind what could he president trump meeting prove? >> we are building trust and when you're building trusted is hard to deliver concrete results beyond saying we had a nice meeting, nice discussion and we sat down and agreed to continue talking. frankly you think about the relationship between the u.s. and north korea. it's been so fraught in the past, so difficult that is actually progress in another cell. a notion that the two leaders can sit down and say we agree for example and a timetable something we need to look at around the denuclearization process. there really is trust building now. mike: is came looking for sanctions before he will take that next step? >> sanctions are one thing. the other thing potentially as u.s. military presence in the region which is deeply concerning the notion we would step back from our engagement in the region. one of the reasons why we've

seen relative peace in the region for many, many decades. the north koreans say look were happy to talk to you the united states means to back away from military commitment to the region. i would find that problematic. this is not necessarily a negotiation without trickiness between now and when president trump to sit down with chairman kim the next time. mike: let's shift gears to trade for a bit. u.s. has a new deal with mexico and canada and part of that is allowing countries to back out if members pursue a side deal with china. let's take a listen to larry kudlow in alaska to reach on. >> the president strategy appears to be working. we see this with u.s. mca. we are holding trade negotiations with europe. we are holding trade negotiations with japan. we issued to try part letter the three countries basically saying nonmarket economies read china has got to shape a.

china regrettably is not playing by the rules and has not played by those rules for many years. >> your reaction to all of that. >> this is exactly the right strategy if you want to engage china on trade in highly productive outcome. the problem with the way the chinese handle trade is their business model requires countries to do business in china turn over their intellectual property and engage in joint ventures with native businesses but essentially our shells for them expropriating intellectual property and information. if you begin to isolate china with other democratic players around the world whether it's europeans, canadians, japanese, and begins to show the chinese there is a price they have to pay for engaging effect committees and behaviors do not really look at them to change. fundamentally that is a good goal to achieve. mike: do you see change coming

with aging as they see the united states cutting a deal with neighbors talking to europe, is change coming to europe? >> i would expect it anytime soon, mike. the chinese will have to realize as time goes on how isolated they potentially could be. bear in mind the chinese are pursuing their own trade deals. they're also looking to do as much business as they can in the region. if anything happens it will take some time that's sure. mike: lanhee chen, thank you for a time and expertise. >> good to be with you. arthel: fox news alert we have an update on the tragic limo crash of a popular upstate new york tourist spot. "the associated press" reporting a source with knowledge of the investigation says 18 of the victims were in the limo and two were bystanders. according to local reports dilemma with speeding downhill and hit pedestrians in scolari, new york. eyewitnesses say the limo was traveling over 60 miles per

hour. police confirmed the death toll and said the crash involved two vehicles. the national transportation safety board is investigating and police told a news conference scheduled for 3:00 p.m. eastern. we'll bring you all the details as we get them. meanwhile, officials in several cities of the west coast launching a new program they hope will decrease the prison population. details on the law enforcement version up next. you hear that, karen? liberty mutual doesn't hold grudges... how mature of them. for drivers with accident forgiveness liberty mutual won't raise their rates because of their first accident. liberty mutual insurance. ♪ liberty. liberty. liberty. liberty ♪

traffic and roads... a mess, honestlyrents going up,le. friends and family moving out of state, millions of californians live near or below the poverty line. politicians like gavin newsom talk about change, but they've done nothing. sky-high gas and food prices.

homelessness. gavin newsom, it happened on your watch. so, yeah. it is time for a change. time for someone new.

arthel: a pilot program that started in the west coast is decriminalizing small amounts of all drugs with the aim of keeping low-level offenders out of jail and into rehab and now many other cities and counties are jumping on the bandwagon. dan springer has more from seattle. >> seattle police stop known drug users not to bust them, but to keep them out of jail. it is called the law enforcement assisted diversion program. it began in seattle and is spreading across the country. ron hobby was homeless, frequently behind bars and strung out before becoming elite client. he's still doing drug that he got a government-subsidized apartment that he stop committing crimes.

>> they're letting me know you can fall down but you don't have to stay down. we are here to help you back up. reporter: 20 cities now operate programs and according to support bureau, 31 more look into the reduction. if you're being help shall do less harm to yourself and less time to the neighborhood you live in. reporter: critics point out the homeless population has more than quadrupled in five years of 400 littered with needles. >> you look at the streets of how things have just exploded around here and nobody in their right mind would say we are on the right track now. >> it is not lead to cost savings. budgets for the county jail, prosecutor and public defenders office are also going up. critics say police officers are frustrated. >> if you don't like the law, get rid of it, but don't tell us to ignore it. stop doing that. we are here to enforce the law. trade advocates say it's about

saving lives. >> the solution would be to let people die in misery in another place. >> the homeless this crisis is driven much more by the high cost of housing here than by people moving in for social services. either way the drug problem has never been more visible. even the spending is record highs every year. in seattle, dan springer, fox news appeared arthel: thank you very much for that report. mike: tropical depressions that is slowly in the gulf of mexico and likely to become a tropical storm later today. the system could threaten the u.s. gulf coast as a category one hurricane by midweek. landfall most likely to occur somewhere between mississippi and alabama border in the florida panhandle and when they into when the night. florida governor rick scott treating today will be declaring a state of emergency in the florida panhandle in big and in directing the state esc to

activate. later today or see the full update and briefing on the forecast and potential impacts of the storm from federal, state and local emergency management. arthel: justice cabinet takes a seat on the bench this week after a chaotic and emotional confirmation process. we will recast the emotional roller coaster. ♪motorcycle revving ♪ motorcycle revving ♪ no matter who rides point, ♪ there are over 10,000 allstate agents riding sweep. ♪♪ and just like tyrone taylor, they know what it takes to help keep you protected. are you in good hands?

honey the local game store wants to sponsor you. i want to sponsor you. ♪ yes. honey travis scott wants you to get these squad wins tonight. let's get these squad wins tonight. ♪ yes sir. honey, ninja is calling you up to the national team. ♪ you ready? honey. you ready? ♪ arthel: fox news alert. another update on the fatal limo

crash of a popular upstate new york tourist spot. a source with knowledge of the investigation same 18 dems were in the limo into were bystanders according to local reports come in the limo with speeding down a and hit pedestrians in schoharie, new york. the storm or the accidents have been thanked emergency responders for their actions and the store posted monday that it was open, quote, and could use your hugs. one eyewitness said we heard some screaming. it looks serious because people were running back and forth. state police confirmed the death toll is at the crash involved two vehicles. the national transportation safety board is investigating and police are planning to hold a news conference scheduled at 3:00 p.m. eastern and of course as soon as we get more details on the tragedy that will bring it to you here on the fox news channel. mike: just heartbreaking story.

arthel: it really is. your wedding day in this happens. that is it for us for now. back again at 4:00 eastern. mike: more news from washington coming out. >> and the campaign trail, president trump for gop candidates in iowa, pennsylvania and kentucky and that is just this coming week. >> white house and republicans celebrate swearing-in of brett kavanaugh is the 114th justice on the supreme court. leland: kavanaugh and then headed to iowa. democrats need to show universal love. is that a winning argument for the mid-terms? leland: the sprint to the mid-terms is upon us.