say or ideologically driven, or are there for decades and have, as you say, their agenda and will drive their agenda it becomes a huge problem. it's been a great pleasure. >> great fun. mark: thank you very much. the next time on "life, liberty and levin".

>> let's try to do that today. i don't think we'll have muchnd trouble with this panel. first, judge dean bureau is a district attorney, judge, author of the number one new york times best seller liars, leaguers and liberals in host of justice with judge jean saturday 9:00 p.m. great to have you. molly hemingway senior editor of the federalist party scourge of a. molly. charles is opinion editor for the washington times and fox

news contributor. former white house press secretary and president of fleischer comedic agent. let's have a discussion. bret cannot is it over? if confirmed but i don't think it's over. let's talk about that. let's talk about where we are in the country lyrically in terms of parties in terms about the culture and seems to me this was a big event. one of the events or what was said by even some of us is that during this process and this commission process we had a new low. the person in the political. people got so personal and nasty and i was there and watched during work and watched clarence thomas and was is not discontinuous with that? yes, no? >> when you look at the fact that five people made accusations of a sexual nature against brett kavanaugh and then the media put them all on the air unfiltered and we already

know several fell apart on their own that they knew low because it's one thing to maintain eyes and get into a fight with people about policy and the constitution in abortion but when you make it about a man being a rapist, that they knew low. >> and previously i would agree with you. it may have been about two conservative a philosophy or maybe sexual harassment or inappropriate comments but -- >> or clarence thomas. >> or bork being too conservative but this was about an accusation that would land anyone in jail for 25 years. that is a new low. in the end he's going to have to live with that. >> it was also a new low in the tribalism. you expect people to be part of a political party but when something is so horrible is happening and hope there would be men and women of virtue to stand up and say this is ridiculous this can't go on. that was worse than we thought in the clarence thomas.

>> when i look across the aisle at the democratic party cannot find a single person i thought was being anything other than fundamentally unfair and often incredibly dishonest. obviously, donald trump won the fight. brett kavanaugh is on the court but the other person came out a winner was chuck schumer because going back to the nominees chuck schumer made a concerted effort to turn the judiciary into the new ideological battlefield and he succeeded at doing that. that is what we saw. we saw an ideological, political fight over a nominee that over a position that is not supposed to be ideological. >> i had this thought. i've been thinking about it a lot. that is when the first bob bork and clarence thomaswo and of course he said to the court bob

bork was offered a teaching asposition at a different law school and not so with kavanaugh, right? he was not invited back to harvard law school to teach. the yale faculty which when he was announced pasted. >> absolutely. it is so much to do with light public sentiment was not elated with what they were witnessing with this character assassination. people complain just a job interview and he want to make sure you do a thorough job interview but what was happening was the man's entire life and repetition in name and honor were being destroyed in front of his wife and children. that's also what he saw women react negatively to this because we care and love the men in her life and we put effort into relationships and to see how quickly that could be destroyed by people who were thinking through whether what they were doing was ethical. >> molly, you talk about people of virtue and this is a moment that tested>> them and how they acted. the disappointed i saw here was

for the moment where virtue should have taken place was diane feinstein and her handling of the initial plan. put aside for a second whether she should at least the earlier or held later as a last political supplies but the virtuous thing to do would have been to say this is as serious allegation and a test of the united states senate and a woman who wanted one of privacy. i must from a moral point of senate to deal with this letter privately and immediately and she did not do that. whether she was seeking political gain later or not but it made it a virtue issue. the right moral thing to do was to act immediately upon it. >> there was such a simple way. she did not have to re-create the wheel here. is a process to deal with issues like christine ford issues. they could have done it quietly or done it by the scenes. this is not something they have dealt with before.

local logo >> if you name for your in an ethical ideological battle. >> women will be forced into back alley abortions, midnight race, schoolchildren will not be taught about evolution. >> should have grabbed him by the lapels. shut up and listen. >> the most unfair characterizations in my view. >> it really was [inaudible] >> the process is the nonfunctional spirit problem is policy. >> it became a verb. it means to destroy.

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of and somebody was going to say we don't have to listen to the supreme court anymore. eric holder, the attorney general of the united states at the language of the, the legitimate me of the supreme court can justifiably be questioned. what does that mean? two the supreme court is going to be attacked by the left as a political operation and the decisions that come out should not be respected as much. what is happening is almost what happened on the second healthcare appeal. i remember there started to be talk about how the supreme court wasn't just about politics or the law and constitution and all that. now they're going full bore.

the interesting thing is, a judge only refuses himself or herself based upon what he or she wants to do. nobody can tell a judge to recuse yourself. >> but they're going to have a broad path to invite them on a broad path. anything having to do with politics. >> the revenge of the clintons come about line. >> this is my question, i'm thinking back to lincoln and the country and greg scott and everything else who made some terrible decisions. would people massively disobey these court orders. >> give me a break. why are people making an issue of ruth bader ginsburg in 2016 saying donald trump was a faker and she can imagine what would happen to the country if he got elected. how come she doesn't have to recuse from every trump related. >> exactly. there right. >> this is why the left on these issues, the issue is not

the word said by a supreme court justice. it's whether you are a liberal or conservative, and if you're conservative they're coming after you without principle. so, now they want to apply a different standard to bret cavanagh, how dare he say anything political at that hearing, ruth bader ginsburg doesn't mind. i'm sorry, this is hypocrisy, but the deeper problem for the country is the democrats question the legitimacy of the election because donald trump won. now there lessening the legitimacy of a supreme court because bret cavanagh sits on it, they keep changing the rules. >> there also questioning the genesee of the senate. >> and you said, give me a break emma not plausible, not credibl credible, but will it happen. >> yes it will happen, just as the legitimacy of his election, they will question

the supreme court ruling. >> the hope that you have to have is that nothing red-hot comes up immediately in the early years of bret cavanagh. >> immigration is coming up. >> it is coming up. we will reargue some of the cases from last year. >> i would argue it's not necessarily bad to question the legitimacy of a supreme court ruling, those bends are too much deference given to the court to decide constitutional issues we have equal branches of government that all should be determining the constitutionality, but i think also progressivism really is about tearing away at the constitutional republic, about questioning whether our constitution really is a valid way of organizing our system of government. >> think about this group. this is a group that says we are going to protect illegal criminals. this is a group that has sanctuary cities, counties, states, they will not necessarily respond to the mandates. >> and remember the reasons why chuck schumer and

democrats wanted to weaponize the judiciary. it's because their ideas are popular enough to get through the legislature, and their only hope is to turn to an unelected group of people who serve lifetime tenures and make all the laws that they can't get passed through congress. >> that's one of the core issues. when you put something through legislature, it's society shock observers. it's how democracy breathes and accept the deal. when it comes to the court that comes after she got and therefore it's not a shock absorber, it shocks the system. you should not. >> i hope with justice cavanagh will come to an end because all of society a stronger when it goes two and its why, it really is sort of an unmatched warfare going on over the courts because you have democrats trying to put

these liberal activists on the court and when republicans or conservatives try to put a conservative jurist, they're not talking about an ideological conservative, they're talking about somebody who believes in judicial humility and believes they're there to do its job but the legislature is there to do its job. one thing they love to beat up john roberts, and that is terrible wooing on obamacare, and i get it, it's laughable on its face, but that's what that was about. i never doubted that is how he would come down on that. he took obamacare and he punted it back to the legislature and said this is a disaster, you figured out, were not going to figure it out. >> people obeyed it, this is what i was thinking, fundamental goals of the american republic, a political

philosophy course. what were they. we have to accept the legitimacy of elections. we have to accept the authority of the supreme court. we have to accept the fact that this is a sovereign nation with borders. hello, we have to accept the fact that there are burdens of proof and the assumption of innocence. what's left are principles at risk, it seems a lot of them are up for discussion in the way they haven't been before. >> the latest at risk is the institution of the united states senate based on two senators. state. that is a result of the greatest compromise that caused this country to be born and allowed us a constitutional system. by creating the senate we created a constitution. key issue. now in the wake of these decisions by the senate republican-controlled senate, i've seen increasing signs of the democrats challenging why

every state should get two senators, how unfair that is to california new york and other large states. >> legitimacy of the state isn't part of the anger. doesn't part of it stem from the fact that you're talking about legislation, a lot of liberals feel legislature doesn't do their will. they have sought refuge in the courts and the courts have delivered liberal messages a lot of times. now they feel if they've lost the courts done there out of business. >> and people feel they don't have recourse. >> that's why when the legislature does something that people feel empowered because they have a recourse. if they make a stupid decision, get rid of them. you can't do that to the courts. that's why it's so important for society to have controversial issues if passed or failed by legislatures, not have courts. >> or not dissolve the legislative branch into the ministry of state which is what we seen for the past hundred years were we have this bureaucracy that's completely out of control and has an entirely different set of rules. they set the laws, they determine whether you've met them or failed, and it is very much at odds with how we set

up the constitution and the courts have done a lot to protect us of ministry of state. >> i've heard thus, i just disregarded it and then i heard our friend jonathan turley say about ten days ago, i think we need 19, an odd number, does that make sense. >> yes. are you interested. >> no. >> the constitution doesn't fit the number of justices. that is something congress can determine. the concept is if you have 19 then you kind of dilute the effect of a particular justice. in congress, if there is a democratic president or even if they just get the house, they want to increase the number. >> you can slowly grow the courts so that it would be going from nine to 1 19

overnight. >> if they have it their way they would do it quick. >> you want 19? >> no. >> let's be clear, democrats aren't interested in good governance. they're talking about forwarding the conservative justices that have made it on the court. they're trying to undo the success of president bush and president trump, including people on the court who believe in the limited role of the legislature, because they want to turn it back into an idol logical battleground know what goes great with steak and shrimp? more shrimp. and you know what goes great with that shrimp? you guessed it. more shrimp. steak and unlimited shrimp, starting at $15.99. only at outback. enterprise car sales and you'll take any trade-in?rom that's right! great!

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>> life "america's news headquarters". i'm lauren green. a caravan of central america migrants continue to track northward toward the us. migrants, men, women and children number about 2000 and

their caravan is growing as a much deeper into mexico. so far please have been unable to stop the migration and there is fear of violence could break out. president trump blaming democrats for the current immigration situation tweeting -- gunfire erupted sunday blocks away from where the jacksonville jaguars were played against their afc south rival, houston, texas. please say people were shot, three of the victims in critical condition and should happen to me before the 1:00 p.m. start but please do not believe it was linked to the game. i'm lauren green and now back to the wiseguys. let's talk about the political parties, looking to the future , what effect did this have on

the parties? we talked about the democratic party, what about the republican party. did the party congeal more after this and come together more, the bush wing of the republican party in the trump wing of the party became one over this issue and it's because of the righteous anger that people like me feel that a good man is not treated right or fairly and this was always set up th because people are gonna vote against bret no matter what. that made people fighting mad. in that sense it did bring those wings together. >> and the unification of both parties, the bush and the trump, it also taught them when they just have one particular person there supporting but they are so much more effective, and now they have a real role in blunting the left-wing lunacy, the mob mentality that is take down the constitution, the flag, the national anthem, i think that is one of the best things that has happened to the republik and party. >> they think it's so true that it shows what can be accomplished when people work

together, and this was a lot of work by a lot of people over a lengthy amount of time. i think it also shows how some of the insults against trump voters didn't actually have a lot of wisdom behind them. one of the things that used to be done to mock trump voters was to mock that they thought he fights, i think what the republican party saw here is that sometimes you do do need to fight against bullies who are trying to destroy things you care about and the impulse was very important. i was surprised more people didn't take that on but this shows that chuck grassley and lindsay graham and a host of other people understood the importance of showing the fight, not just having the right idea. >> trump is a fighter. grassley, yep, we knew that. lindsay graham, trump guy now, and susan collins. that was a surprise to a lot of people.

>> it was a great speech. >> another fighter who deserves a lot of credit not only for the bret cavanagh situation but also for anthony schooley's seat is mitch mcconnell. >> absolutely two he has been critical where he needs to be, which is another thing that i personally love about the trump administration. you actually have a republican-controlled congress and a republican-controlled white house and they're not in lockstep together. they fight and they argue about things and that's what the founders intended but it's completely gone by the wayside. >> they say the secret to democracy is courage. we saw that in the last few weeks. >> you know there's unity in the republican party with steve bannon. >> that's right. that's a moment. i want to talk about the culture. what are the effects of the culture, the broader culture of how we live, patrick monahan, the guy who introduced me as one of my confirmations, i was confirm

90 - 6, that's pretty good. never mind, and bragging. it doesn't matter. they're all good points. does the "me too" movement exist for conservatives as well as liberal. >> it has become totally politicized and that's very unfortunate because it could serve quite a few good purposes of defending women against sexual assault. >> can i just say one thing, i'm always sort of suspicious about this whole business about how much the political debate affects the culture or whatever, and maybe it's because i live four hours outside of washington d.c. in a small tobacco town, but i find the dumbest discussions, the dumbest debates are the ones that are occurring here in washington. >> not this one. >> this one excluded, but the debate if you want to call it that we heard over the past two weeks in the streets and even in the senate, when you go home and you interact with normal people, there aren't

these issues. for me, the strongest people in my life for all women, and so this caricature of women as victims, i don't recognize it. when i go home, nobody there recognizes it either. two are you allowed to speak and give your opinion. >> i raise my hand. >> i raise my hand. okay, smart [stomach gurgles] ♪when you have nausea, heartburn, indigestion, upset stomach, diarrhea... girl, pepto ultra coating will treat your stomach right. nausea, heartburn, indigestion, upset stomach, diarrhea.♪ try new pepto with ultra coating. (burke) seen it, covered it. we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪

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will and that the democrats take the house. will they move forward on impeachment, and, if they do, who are they going to impeach or who will they impeach first #cavanagh or our president two whether they do or not, every republican add between now and election day should be about impeachment and both cavanagh and the president because it's absolutely within the realm of possibilities. for the past ten years we've all been talking about the effect of the tea party, but there's a big difference between what is going on with the republican party then what is starting to happen to the democratic party today. the tea party was trying to bring republicans back to a principled home, a conservative home. this new crowd of protesters in the democratic party, they are dragon the party off to the the clip to the left.

>> i think a lot of norms broken were being done in the name of donald trump causes us to break all these norms and what you saw was exactly what was done to donald trump and someone who couldn't be more different. when you see that the memes are the same, even though these people have lived their lives very differently as a unifying moment and. >> i suspect in the house they won't pursue impeachment. if they take the house they will take it with such a small majority that they won't have the will of the party behind them. they will have the energy of the party behind them and activists. my bet is they won't proceed with impeachment. >> if you have a party that has called for impeachment for so long and then says before the midterms, pull back on that, that may rally the

republican base, i can't imagine they wouldn't, just as they created this russia hoax, that they wouldn't continue with impeachment even if they could get the votes in the senate. that's how hateful, the rules don't apply. why won't i impeach you or at least try. >> and now they have two targets. they have to figure out who they want to impeach. >> the democratic party's will do anything to placate that mob crowd. >> an investigation into cavanagh would probably reveal a lot of nation and political

activism in what happened in his hearings. they might not like where it goes two the other boomerang that people didn't anticipate is when they went after bret cavanagh they awoke the republican base. this put republicans in a much stronger position for the midterms. let me give you three numbers for midterm elections. they lost the house and the senate in 2006. 42% of the electorate was conservative. four years later when republicans took the senate, 37% was conservative. if a conservative sent home and election the way they did in 2006 when republicans lost the house and senate only 32% showed up that year. it's deadly for republicans. if conservatives are awoken by the kavanaugh hearings and

they come out in numbers, you can forget the democrats chance of taking over the house. the. >> in my view it's because of the margins. if they win the only win 5%. >> i think they welcome i think they have to. i think they're committed to it. they have to satisfy their base, what do the parties stand for?

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we started our discussion talking about the cavanagh confirmation i mention the name, donald trump, what about donald trump? by the way, was he a surrogate on all this?

and, what are the imprecations for him? he looks pretty strong at the moment. >> i certainly think he does. in a lot of ways the reason the cavanagh nomination did unify both sides is because it was very much a bush era person, but when you look at the economy on unemployment and every metric, donald trump is in very, very strong shape and i think that is what people in the rest of the america, they're not paying attention to all the crazy stuff you read in the press and all the hateful coverage. >> used to talk to them daily, at least 20 minutes on your sho show. >> not only does donald trump

look strong, but i think that in addition to the bush arm and the trump arm, i think it was the president during that mississippi rally when he took on christine ford when everyone was like don't touch it, don't touch it, i think that turned it also so what you had here where they said it's okay to question her, nothing she said was making sense. in that sense i think he seemed as a fighter and a guy who really made a difference going into the midterms. >> here's my frustration with all things trump had wives and he more popular? i think he's made himself so radioactive that people aren't willing to look at the many good things he's done in terms of the economy and foreign policy and taking on china.

you have a president whose polling ratings are in the mid 40s he should be in the 50s and 60s when the economy is as strong as it is. that's my frustration. >> i think donald trump makes plenty mistakes but in his entire presidency, they tried to keep him from being inaugurated. paranormal you have a honeymoon. where everyone gives the incoming administration a fair shot and work together, he had a special counsel set up in people largely realize it was something that should not have been handled that way and i think he could do any number of things but then he wouldn't be donald trump.

whether that has been bad for his poll numbers or for the country at large. two this is kind of our times now, isn't it. we will be 48, 52, 5050, there is no unity anywhere in the country today and i think it's a product of the vitriol in politics, but now if you're 50%, ma you are gangbusters in this front. >> i would say i support him and i say if you're in the kind of nasty environment to fight like this, i want to tough guy and i want to guy who punches back, maybe punches back too often but he punches back. >> don't hate yourself up two i just worry, think we are headed into a time that

everything that was not even considered appropriate is now not only appropriate but mandatory. that there is the left wing module, it's going to get stronger and tougher and in people's faces while the right quietly takes the punches, whether it's in a restaurant or they throw you out or anywhere else, they're gonna get even more aggressive, and i worry about where were going in that regard, and i worry about her institutions, the supreme court, constitution, the presumption of innocence, i'm very worried about that. >> you asked earlier about how will donald trump be viewed in history, and i think if the media coverage is any industry haitian, and i think it is, the history books will be even harsher on him and more unfair

and it could be 30, 40, 50 years before he gets his fair shake in history books. the reason is, i'm reminded of what the great charles like to point out, the biggest mistake conservatives made in the past half-century was to vacate the universities and handed all over to liberals and they have dominated and destroyed education for however many generations that is. at some point something has to be done about that or we lose. >> yes, i can tell you all movements that have tried to do something about it and do something about it and failed, it's very, very if you're waiting patiently for a liver transplant, it could cost you your life. it's time to get out of line with upmc. at upmc, living-donor transplants put you first. so you don't die waiting. upmc does more living-donor liver transplants

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guy i know, joe kaplan, a great guy, a marine, works at facebook, republican, was spotted in the gallery sitting behind cavanagh on the cavanagh side and was widely criticized. mark zuckerberg said you can support whoever you want but that wasn't good enough, inside facebook where there's lots going on, town hall meetings and so on. power, a norma's power is the ability to be and make things be. these folks can make things

be. what are we more worried about? or are we worried about both at the same time. >> i'm worried about both at the same time. here you had university professors giving kids days off from school to protest. we have hollywood actors and actresses coming to to get arrested and here you have someone who wants to sit in a hearing room and be there to support a friend and that's objectionable. as of corporate america cannot have any employees sit in a hearing room but the rest of the left-wing cultural society can come to washington to protest with their blessings that those who employ them? that's hypocrisy. on the other side is the dominant influence they have and i don't want the government get involved because the government doesn't know how will method up even worse. >> you don't want regulated. >> no. i don't. i want to settle for public argument. i am certain when you look at the way conservatives are treated on these platforms, he

just cannot accept that they are neutral. i don't believe that they are neutral. >> how do you get them neutral if you don't think the government is in a position to monitor it and that it should be public discussion. >> i think you have to keep holding the pieces of fire when they throw someone off the platform and the public in embarrassment. >> what's the sanction if there's no sanction two the sanction is they see it and know it and have a higher distrust level of it. >> i think a lot of conservatives have always taken the view that the only way a oppression can really happen is through governmental systems. when you look at a lot of people who thought communism, some of them warned that you could have these kinds of problems outside the government, the great dissident said that don't think that because you are there don't. [inaudible] google controls 80% of web

search traffic. facebook dominates the entire structure. there are problems here. i'm very nervous about the government taking a role because they wouldn't make it better. >> i also find myself suspicious of the way in which facebook and these groups do try to traffic cop information. people are smart enough to decide for themselves what to believe and what not to believe. >> might be better to have a free flow of information and have big tech companies saying this is okay and this is not. >> but when they are trained from grammar school of a certain focus and that's all they here for 12 years and then forget about the universities, you put them together, that's a scary time. not necessarily for us but for the next generation coming up. they've been schooled on how to think. >> kids who are my age, early teens, mid teens, they are so

smart and so savvy about what they believe and what they don't believe, far savvier than i agree with this side of the table. maybe everybody. government isn't the answer. self policing won't work because even some people i thought were genuinely trying to get it right, could not see past their own 20 years. of quote - education, not really education. >> the point we will eventually get to if it keeps up, it is a point i don't look forward to but if republicans and conservatives, the need to create their own institutions. reflecting on our friend -- the point he made, one day this man was sitting around and he said, son of a gun! i think half the people in the united states are not being served. how about university action gets both sides of the argument? thank you all very much. this is the last wiseguys that

will be on fox news channel people we have a new home on fox nation. we hope you will join us for regular additions of wiseguys. go to fox nation.com for more information. yoyoyoyoyoyoyoyoyoyoyoyoyoyoyoy♪ ♪ [music] >> breaking tonight, the latest on the midterm, carbon heading to the southern border and continuing crisis in our relationship with saudi arabia. evening everyone welcome to the next revolution, i am steve felton. this is the home of positive populism and what a great group of type he was just about two weeks to go to the most regulations. we have jason chaffetz, kennedy and -- let's start with the caravan and central american immigrants numbers have grown. it passed through mexico into the