early. we appreciate it. >> all the best, guys. thank you. todd: thank you so much, judge. todd: remember to set your dvr every morning so you never miss a moment of fox and friends first. >> the president going to be joining the president live in the 8:00ing hour have a good day. >> showdown over a supreme court vacancy. >> if i win this election, i should be the one who tom nate justice combinationburg's successor. >> we are going to move forward. not delay. >> we must use every tool to ensure that this vacancy is reserved a for the next president. >> some have mentioned the possibility the house could move to impeach as a way of installing. >> we have our options. we have arrows in our quiver. >> they just dumped millions of ballots all over the country. it's going to be a disaster and they know it. they know it's not going to work. >> i'm up here all alone. of course we don't have an audience. this isn't a maga rally. it's the emmys.

the seahawks are going to win the game ♪ come on over ♪ come on in ♪ come on over ♪ come on in ♪ brian: what a slow weekend. nothing really happened. just pretty much we ran a lot of reef petes over the weekend. so this will be a live show. and we will try to make some news. come up with something that has to do with the election in a few -- the debate in a few days and the election in november. steve: indeed there. was big news in my house. on friday night, brian, i heard somebody running around on the deck and then i looked out and i realized it was bear. there was a great big bear. brian: really? steve: tore up all the garbage up and down our street. brian: when you see the bear, do you go out there? steve: absolutely not. i stay in the house and watch and it then i get up real early

the next mornings and pick up the trash. brian: you should go to antifa and borrow bear spray they seem onto like that. ainsley: ruth bader ginsburg passed away on friday. we will have the president on at 8:00 and talk to him. steve: there is a lot to talk about. ainsley: ruth bader ginsburg the nation mourns her passing. brian: yup, capitol hill, the debate intensifying over president trump should filth long-time justifiable's seat ahead of the november election. steve: griff jenkins joins us live outside of the supreme court. griff, whether or not to fill it before the election really depends on which side of the aisle you sit on. griff: boy, it sure does, steve, ainsley and brian, good morning. she was one of the country's greatest champions for women's rights with that remarkable legal career liberal icon she became. the tens of thousands that came out here along the streets surrounding the supreme court with signs that said thank you

justice quincyburg. it comes as across the street they are bruising, getting ready for a bruising fight in the senate. now, joe biden has already weighed. in he is imploring senate republicans to not vote to move forward. here's some of what he had to say. >> people of this nation are choosing their future right now. as they vote. to jam this nomination through the senate is just an exercise in raw, political power. i don't believe the people of this nation will stand for it. >> and speaker pelosi vowing to fight tooth and nail even threatening imeesmght to stop the process. the biggest problem for the president may lie in his own party as majority leader mcconnell reddies the stage for a fast track process. alaska -7gsz republican senator lisa murkowski becoming the second g.o.p. vote after susan collins saying she will not support no g moving forward on a nominee. did i not support taking up the nomination 8 months before the

2016 election to fill the vacancy created by the passing of justice scalia. we are now even closer to the 2020 election less than two months out and i believeth same standard must apply. but the president picks up a g.o.p. supporter who was thought to be in question retiring tennessee senator lamar alexander no one should be surprised that a republican senate majority would vote on a republican president supreme court nomination even during a presidential election year. senate majority leader mcconnell is only doing what democrat leaders had said they would do if the shoe were on the other foot. guys, now, it's going to be all eyes now on senators mitt romney, cory gardner and even former judicial sherry committee chairman chuck grassley have not indicated how they would go. i will tell you it's going to be a real interesting play. when the president talk towels guys in just two hours, we will hear a little bit i was down in

fayetteville, north carolina, at that rally saying fill the seat. this is about to be a super charged week. steve, anxiously, brian? steve: no kidding. ainsley: thanks so much, griff. if the republicans, if two more republicans side with murkowski and collins, that will stop the process. doubt that will ham but we will have to see. it's being reported that on her death bed that her grand daughter -- she told her grand daughter that it was her dying wish to have the next president choose her south carolina says sore. but, if you look back at what she told the "new york times" in 2016, she said that that's their job. there's nothing in the constitution that says the president stops being the president in his last year. and tim murtaugh who is trump's communication director biden might not like it but he said the president is elected for four years not three years and nine months, brian. brian: in her passing, i can understand that a lot of people theorize if it was hillary clinton as president with all the physical challenges that she had with cancer, she probably would have stepped aside.

she obviously wants a liberal justifiable to fill her seat. but she also told "the washington post," when justice scalia died, 8 is not a good number. i think we hoped there will be 9 as quickly as possible. meanwhile senator tom cotton -- by the way, who is on the list, but the president said if i name somebody, it's going to be a women. let's be honest he is going to name somebody as early as this week. senator tom cotton said this about going forward thrfrgets will be a vote there have been some cases like justice combinationburg herself which the confirmation process took less than 44 days. others in which it took longer. we will move forward without delay. we are north going to rush or cut corners we are going to move forward and not delay. two names amy coney barrett who already got her background check to get on the 7th court of

appeals and -- said i'm not going to be voting for this i'm going to wait. the other option would be, you name justice, and then say i will do something after the election. whether it's in a lame duck session if president trump loses and he has the majority in the senate or he just wins or he wins the election and he does it on his time. steve: yeah, it will be interesting to see exactly what the timetable is. you know, we heard from lindsey graham yesterday he said there will be a vote thisser year. he didn't say before the election it. could be during the lame duck sessions. keep in mind, the problem with that is going forward, what we heard from chuck schumer yesterday, he said, look, if the republicans do this, and jam this down our throat, nothing will be off the table. so, in other words, they are talking about ending the filibuster going forward. they are talking about packing the court. they are talking about some are suggesting there could be an impeachment which we heard from judge napolitano in the previous

hour, said that would be crazy. but we have already heard the democrats this year talk about ending the filibuster and with packing the court. so if the republicans say, you know what you? are absolutely right. we're not going to do anything until after the election. you think then fifth democrats win next time the democrats are going to say you know what in the republicans were so polite, we're not going to end the filibuster. brian: so polite. steve: really can't trust them. brian: elect republicans. they are nice. steve: listen, two democrats were in brooklyn at an open mickmic,this is a time in amerin history when the republicans cannot do what the republicans legally can do. watch this. >> we need to make sure that we mobilize on an unprecedented scale to ensure that this vacancy is reserved a for the next president. we must also committed to using

every procedural tool available to us to ensure that we buy ourselves the time necessary. and to mitch mcconnell, we need to tell him that he is playing with fire. we need to make sure that this vacancy is protected. >> but once we win the majority, god willing, everything is on the table. if we don't win the majority, these questions are all mute. if we win the majority, everything is on the table. >> steve: that's where is he talking about filibuster, packing the court, impeachment and things like that. actually packing the senate. they are talking about adding the district of columbia and puerto rico and maybe samoa as well. look, we are 43 days away from the election. the election is already being litigate you had. and if ultimately we have to turn to the supreme court and, brian, to your points, where it's just 8 people on the supreme court, that could be a tie. there are a lot of republicans who say that this is a very --

this is essentially a tipping point in america, where if we don't have an odd number that could break a tie, it could really be a mess on november 4th. ainsley: it's going to be interesting to see how people, when you know, if this is going to influence their vote. this is very important to conservatives. they wanted -- many people went to the polls and voted for president trump, especially people who are, you know, church goers and the abortion laws really are important to them. so this is going to be a big deal. steve: on both sides. ainsley: absolutely, absolutely. john barrasso the g.o.p. senate conference chairman he analyzed what that means to the new democratic party seeing aoc together with chuck schumer as will will ruth bader ginsburg's school in brooklyn. listen to. this the thing that is really telling to me, and you showed the video today, of alexandria

ocasio-cortez at a press conference with chuck schumer. i will tell you, anybody that's followed chuck schumer for a long time knows he doesn't like to share the camera or the microphone with anyone. she is the de facto speaker of the house because nancy pelosi is terrified of her. and chuck schumer is worried about a primary from her in two years in new york. she is running the democrat party and wants to run it further and further to the left and that's a big problem for the country. ainsley: nancy pelosi was being interviewed yesterday and she said we have arrows in our quiver and i'm not about to discuss this right now wit but o have our options. brian: joe biden said i'm going to make this about obamacare. taking people's healthcare away in the middle of a pandemic. not good. this comes up before the court november 10th. that will be after the election. they talk about that. going to talk about women's rights. going to make this about civil rights, climate change. all changes they claim if the court gets a conservative where

a liberal once was. there is a lot going on. the other thing to keep in mind first and paramount is the presidency second is the senate. cory gardner they say if they jam a nominee through gets hurt in colorado. the theory is cornyn gets hurt in texas but maybe looks better for mcconnell and lindsey gravel in their respective races which are very tight. steve: you know what, brian? maybe they go ahead and have the hearings and have the vote after election day. brian: we will find out in an hour and a half. we will ask the president. meanwhile, jillian mele, we will ask to you do the news. jillian: that i can do. good morning to you and to you at home as well. a woman accused of sending the poison ricin in a letter to president trump is arrested at the canadian border. the letter was intercepted at offset facility before reaching the white house. police believe it originated from canada. border patrol officers say the unnamed woman was arrested near buffalo, new york. she is expected to face federal charges.

overnight california's bobcat wildfire exploding to more than 100,000 acres. new evacuations are underway as strong winds and dry conditions are expected to fuel the flames today. the fire now one of the largest in los angeles county's history is just 15% contained. today president trump and joe biden set to stump in key battleground states. the president going to ohio to deliver remarks on fighting for american workers before holding a campaign rally near toledo. biden is legged to wisconsin for the second time in two weeks president trump was in central wisconsin last week. the injury bug biting several nfl stars in week two. giants running back barkley going down with a knee injury. big loss there the 49ers defensive end nic bos is a had to be carted off the field. christian mccaffrey leaving his game with an ankle injury. the cam newton goal line last

play of the game. seahawks beat the patriots 35-30. the baltimore ravens offense running wild over the texans for their second win. tom brady winning first game as buccaneer threing for over 200 yards against the panthers. collapsing in dallas, the cowbsz recover onsidekick after rallying from 20 points down that set up a game-winning last second field goal. >> no timeouts, good snap, hold, 46 yards. yes, sir. kiss that pig. >> wow, cowboys win shall 40 to 39. after the eagles game. watching the cowboys win that was, what? bine brian how weird was it seeing fans? jillian: that's okay the eagles were booed by cardboard cutouts. [laughter] ainsley: what did you think of tom brady winning?

did you see the video of gisele dancing with the kids? brian: finally going his way. he has put up with so much. steve: lost last week. as the debate grows over replacing ruth bader ginsburg on the supreme court? what happens if that seat stays empty and there is a contested election and there is a tie on the supreme court? a discussion on that coming up next. ♪ ♪

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please, follow your conscience, don't vote to confirm anyone president trump and senator mcconnell have created. the last thing we need is to add a constitutional crisis that plunges us deeper into the abyss, deeper into the darkness. steve: there have you got joe biden yesterday in philly urging senators to not consider any nominees put forth before the election. what could happen if that seat stays empty and there is a contested election and things go to the supreme court? let's ask the cato institute ila sharp. author of the new book judicial demonstrations and the politics of america's highest court. >> good morning. >> right now we have nine sitting members of the u.s. supreme court. if, you know, because the election is already being litigated in some measure in different locations. if on election day or beyond,

there are questions that ultimately go to the supreme court, what happens if there is a tie? >> right there. are 8 sitting members now and if there is a tie, and we could have challenges coming from several swing states, for example, the lower court ruling would stand. a 4-4 means the supreme court takes no position an of and the lower court ruling stands that means third circuit would be affirmed it it's out of pennsylvania. the seventh circuit out of wisconsin. the subsixth circuit out of michigan. it's not a constitutional crisis, necessarily. the system is working. it means some people would see that result as less legitimate, perhaps because the supreme court hasn't had its final say. on the other hand, the loser is like li to seat result illegitimate regardless whether it's decided by the supreme court or others. not necessarily the losing candidate but the supporters. it will definitely be a hairy situation. steve: no kidding. the political dynamic is, obviously the president has got

a list. and he probably knows exactly on or two names that would be at the top of that list. the calculation for mitch mcconnell is he would like to go ahead and roll this out. but, when would have you the vote? would it be because there are a number of republicans senators who, if they vote a certain way, that's going to, you know, they could potentially lose their seat in the u.s. astronaut. >> he is checking that list more than twice seeing who is nice. hopefully nobody naughty left there anymore. so historically we have had very quick confirmations but that's back in the old days. in modern times ruth bader ginsburg was confirmed in 42 days. obviously not during the press of an election and currently i think we are 42 days, 43 days away from the election. already two senators have announced they are not going to vote to confirm, so, you know, only mitch mcconnell can only afford to lose one and maybe it would be better politically for the republicans to nominate

someone but not, you know, process but not fully confirm to hold that out for the voters. you know, i'm not going to advise mitch mcconnell or donald trump politically, so in theory, you know, there are no rules. where we are going there are no roads. it could be done but in modern times it's very, very quick. steve: yeah. and you know ultimately, because chuck schumer said yesterday at rudruth bader ginsburg's schooln brooklyn that nothing is off the table if the republicans try to do it. but they have been talking about ending the filibuster in the senate for a while. they have been talking about packing the court for a while. going forward, more democrats should actually be asked so, if i elect you for another term, are you for ending the filibuster? are you for packing the court? >> it's a fair question. there is multidimensional game theory going on here. what happens if the election how would that be affected if there is a confirmation vote before

the election other what happens after the election if democrats win the white house and not the senate vice versa or win both. could there be some sort of deal not to confirm if the democrats promise not to pack. historically, promises to court pack have enured against in the long term the political interest of whoever pursues it. it's a dicey road and kind of chicken or game-theory or what have you. definitely high politics. again, it is all politics. this is not about constitutional standards or legal standards. steve: you know, exit question because you did bring up the politics. we know the president has been considering amy coney barrett for a while for a seat on the supreme court. also this new name that we hadn't heard much until this weekend barbara lagoa, 52. appeals court judge in the 11th circuit. she afarnghtly is from miami, the daughter of coul cuban eex . the key is she is from florida

and the president needs florida. it's a battle ground state is that partly of the political calculation? >> it's certainly going to be or is judicial nominees have been picked for political reasons before. in fact, the last time there was a successful poimentd t appointe supreme court 1956 dwight eisenhower appointed bill brennan one of the liberal lions. eisenhower knew that. he had a track record on the new jersey supreme court but needed to shore up his support amongst northeast catholics in metropolitan areas. and he later regretted that jurist. amy coney barrett has a longer track record. cinktsd conservative elite is more comfortable with her because of that lagoa, well reputed went through the vetting

to be on 191st circuit. only been there less than a year. florida supreme court only a year before that very well reputed. again, i think there is a lot of justice department white house lawyers skimming all of her -- more than skimming, looking at her details. steve: the president is going to be with us in 90 minutes. see if he is any closer. ilya shapiro, supreme disorder. >> take care. steve: we have been telling but the surging violence here in new york city. now a new op-ed is warning that solving these crimes is becoming harder. we will tell you why coming up. from prom dresses... ...to soccer practices... ...and new adventures. you hope the more you give the less they'll miss. but even if your teen was vaccinated against meningitis in the past... they may be missing vaccination for meningitis b.

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or if you've had an organ transplant or lung, breathing, or liver problems. here's to a chance for more together time. a chance to live longer. ask your doctor about opdivo plus yervoy. thank you to all involved in our clinical trials. steve: we wanted to give you update on a story last week. on friday we reported on allegations that the mayor of nashville had hidden coronavirus numbers. that was according to our local nashville fox affiliate. they have since retracted their story. and we now know the mayor's office did apparently not conceal those numbers and did release them to the public and so this morning on this monday we wanted to apologize for any confusion. all right. brian, over to you. brian: all right. new york city reportedly among three cities labeled anarchists jurisdictionst by the doj and

targeted to lose federal money for failing to control protesters and deal funding cops. this as the city is plagued by increase in violence and new officers face increasing difficulty in solving cases. it's a perfect storm of ugliness. one op-ed one reason is fewer are coming forward. blue lives matter joseph impatrice. on this denial of federal funds because new york is not cracking down on crime that has got to be a body below. >> we definitely is less funding that's going to have police officers prepare for possibly the worst thing that can harassment you will hear activists and democrats say awesome job. no, it's not. it's a terrible bill that was presented because now you are forced as the prosecutor to turn over any witnesses or victim's information which allows the bad guy to know who is giving them up. brian: 209 new yorkers fatally

shot. thithis time last year 109. last year was 674. and if you are wondering why things are getting worse. it's no mystery. you say drill down on the bail reform law that was passed last year. why? >> it's a terrible thing all around these individuals being released back onto the street. even if you are a witness, you are afraid that person is going to come back to the neighborhood and find out that you gave information. there is going to be a hit out on them. people who don't understand say i went out there and raped somebody or burglarize you had someone's house. months later i can be technically allowed to go back to the crime scene to where i committed the crime and now i'm revictimizing that individual. it was a terrible thought out idea to put forward. brian: in layman's terms. if i did something bad, but clearly the really worse guys are out on the street, there is no incentive for me to tell you anything. i'm not looking at jail.

why should i talk? no snitch rule is not allowing detectives to find out where the big problems are. so gang violence is being -- is fomented and gangs are settling their own scores in the streets and the numbers are growing. we have a mini chicago here. >> brian, it's old school policing. it's very simple. you go out there and talk to the bad guys. you pay the confidential informers to go out there and get you information. and what you do is you would make arrests and bring the really bad guys in, speak to them, and further get more bad guys off the street. the problem is all these rules officers aren't bringing in the worst of the worst anymore. they are doing the best they can. don't get me wrong. not like it was in certain communities. brian: it's only going to get worse. when are the democratic governor, the democratic legislature, the democratic mayor going to understand that the american people in these cities are suffering especially

in new york. >> when all the politicians realized only people they are hurt something communities of color. that's where the majority of gun violence and crimes are happening. our job is to go out there and an officer raises their right hand to uphold the constitution and laws in the communities they serve. let the officers go out there and do their jobs and save people from becoming victims. brian: i understand on its face it says if you are rich you can pay the bill if you are not you can't it's not fair. when you ask cops ha what is working and what is not working it's working against the working class communities that need the most protection. so just look label it a failed experiment, maybe well-intended but it's causing chaos. when are people going to sober up? this thing it's becoming a horror show in these major cities, joe, thanks so much. >> thank you, brian. brian: could democrats use impeachment to stop president trump's supreme court nominee. nancy pelosi says i won't rule it out. >> look, we have our options. we have arrows in our quiver

that i'm not about to discuss right now. brian: former house speaker newt gingrich here to react.

♪ ♪ >> some have mentioned the possibility if they try to push through a nominee in a lame duck session that you and the house could move to impeach president trump or attorney general barr as a way of stalling, preventing the senate from acting on this nomination. >> well, we have our options. we have arrows in our quiver that i'm not about to discuss right now. we have a responsibility to meet the needs much the american people, that is -- when we way the equities of protecting our democracy requires to us use

every arrow in our quiver. steve: requires? [laughter] ainsley: author of trump and the american future newt gingrich. good morning to you. >> good morning. ainsley: what's your reaction to that? what are her arrows. what option does they have? steve: what quiver? >> i think the democrats are running two big gambles in the way they are responding to what is a legitimate move. after all in 2016, it was justice ginsburg who said it was totally appropriate for a president to nominate and the senate to confirm a justice during an election year. so, they can simply -- republicans can go around and quote justice ginsburg's own statements from four years ago. but the democrats have two challenges. one which nancy pelosi just exemplified is they are going to get more radical, more frantic, you are going to see more crowds showing up at senators' houses and trying to intimidated people.

going to talk about packing the court in the future. there will be sort of a frenzy because the truth is that they're powerless. yes, the president nominates the people that we're looking at. they are people of faith and the democrats have to be very careful when they have somebody like kamala harris who is as anti-catholic as openly anti-catholic as she is to not get involved in antireligious thing. second, i think the real question is can mitch mcconnell find 50 votes. if he can, there is nothing the democrats can do to stop justice from being approved. brian: but, newt, you have to look around the corner and see what's there. if the president does that and gets it through in 40 days it will look like a short-term win. but if the results are moat vaghtd democrats to get to the polls, that flips the senate and gives jorvesd the white house, is it worth it? >> well, first of all, i'm not

at all sure that it motivates democrats in the end more than republicans. remember, the fight over justice kavanaugh where people -- where the democrats are so vicious and so dishonest and so personal in their attack on him and his family that led to the defeat of four democratic senators. so i wouldn't assume, for example, that peters in michigan is safe if he decides to vote against somebody who is a notre dame professor and has a solid background if, in fact, barrett is the one who is chosen. i don't automatically assume this is a winning issue for them. i think right now the difference and they are all exciting but whether or not a week from now or two weeks from now that's the central issue, i think it will make the debate between trump and biden very interesting. to have biden explain in 16 for and now against, et cetera. interesting to see if he can

actually carry out and think through that entire line without losing his track. steve: you know, newt, it would also be interesting say there is a senate hearing before the election, it would just be interesting to measure the tone and tenure of the questions from tenor from the democrats omaha coney barrett or now who has apparently rocketed to the top of the president's list is 53-year-old barbara lagoa who is appeals judge from miami. the daughter of cuban exiles. i would math questioning of her would be much different than we saw last time around from the democrats. >> well, i think this is why i think they have to walk a very careful line they can't come across as anti-catholic, anti-christian, antireligious belief party. there is a grave danger of that because the national instinct of the secular democrats is to be

very hostile to the catholic church and to evangelicals and to conservative jews. because their views are so dramatically different. and i think it's having that highlighted in the last weeks of the campaign. if you look at a place like michigan or minnesota or as you point out, florida, that may not be the most clever thing democrats can do. steve: under statement. ainsley: newt, thank you so much for joining us. >> thank you. glad to be with you. ainsley: turning now to extreme weather. battling texas. tropical storm beta reaches the coast. expected to make landfall tonight. brian: some areas experience flooding only get worse with the torrential rainfall. steve: look at that janice dean joins us with track. you predicted it. we are in the greek alphabet already. janice: we are. here is beta. the problem with this storm is it is going to bring heavy

rainfall along the areas hit hard by laura and sally. the 50 mile-per-hour sustained wind tropical storm. the prop with this moving so slowly and bring drenching rainfall all along the texas coast and louisiana over the next several days. so there is the track as we go through time. we expect a landfall perhaps overnight tonight. and then, again, slowly moving along the gulf coast. we're going to get a lot of moisture working its way in from the water here and look at all of the rainfall. in some cases 4 to 6 maybe 28 inches of rainfall -- back to back hurricanes. there is your rainfall forecast it. will eventually push across the mississippi river valley wednesday into thursday. for now flash flooding, storm surge, also a concern. hurricane teddy moving just east of bermuda. going to affect atlantic canada

as transitioning extra tropical low. we are going to see the potential for dangerous life threatening surf and rip current all along the east coast. we could see some impacts along maine. so there is your forecast today. the rest of the country is actually very quiet. very cool temperatures here around new york city with frost advisories in place for parts of the northeast as well. feeling like fall which arrives, by the way tomorrow. steve: i wore a coat to work today. ainsley: it was a beautiful weekend. the sun was out but it was a little chill in the air. steve: a little bit. janice: i love it. ainsley: me too. ainsley: okay, jillian over to you. jillian: i winner i wore a coat to work today. start off with a first alert now. dozens of protesters in washington are lining up outside senator lindsey graham's home. this is happening right now. the demonstrators slamming graham's decision to support the nomination of justice ruth bader ginsburg's replacement before the november election. back in 2016, graham said a replacement for supreme court

justice antonin scalia should not be named during an election year. new york lawmakers are seeking an independent commission on nursing home deaths in the state. the bipartisan effort is looking to subpoena information on how many people died from the virus. an interview department officials who develop the protocols during the pandemic. a march order from governor andrew cuomo allowed nursing homes to accept coronavirus patients. lawmakers and analysts say over 6,000 people died as a result. police are searching for a woman accused of harassing a trump supporter in california. take a look at this. the woman caught on camera tearing down a trump 2020 banner from shayne warren's home. he says his home has been targeted numerous times sings he first displayed signs for the president. >> nobody in this country should have any fear whatsoever to place a flag of any nature for any support for any candidate. and be in fear of either being

taken down or being harassed. jillian: anyone who recognizes this woman is asked to call police. remember the two teens suspended spore carrying flags onto the football field on 9/11? now they have been awarded college scholarships. britney williams whose father is a sheriff's deputy had a thin blue line flag. jardz bright any carried a red line flag. they joined us last week to explain why they did it. >> we wanted to carry out flags to honor the first responders who went towards danger instead of running from it 19 years ago and we were told no. and we kind of took that to heart. we still wanted to honor them and so we did. >> a local non-productivity awarding the scholarships called the ohio teens true patriots. the group isn't say how much they are worth. send it back to you. ainsley: that is wonderful. so they can use that scholarship money to go wherever they want i assume. brian: fantastic. they are actually playing tackle football.

can you believe it? meanwhile the emmys getting political right from the start. >> of course i'm here all alone. of course we don't have an audience. this isn't a maga rally. it's the emmys. brian: i get it. that was just the beginning. carley shimkus has the highlights next. ♪ limu emu & doug you know limu, after all these years it's the ones that got away that haunt me the most. [ squawks ] 'cause you're not like everybody else. that's why liberty mutual customizes your car insurance, so you only pay for what you need. what? oh, i said... uh, this is my floor. nooo! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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>> of course i'm here alone. of course we don't have an audience. this isn't the maggie rally it's the emmys. instead of a live audience, we took a page from baseball tonight and we filled the seats with cardboard cutouts of the nominees. ainsley: it is one of hollywood's biggest nights of the year emmy awards returning for unconventional show and wasting no time getting political. here with the big highlights fox news headlines 24/7 reporter carley shimkus. >> hey, ainsley. this was the most political awards show i have seen in some time. for the past few years it felt like actors were staying away from really partisan politics i think because the ratings were so bad and they realized that politics is part of the problem. but this is an election year so that rule just flew out the window for jimmy kimmel it was anti-trump joke after anti-trump

joke. a lot of the acceptance speeches were devoted to encouraging people to vote. while nobody outright endorsed joe biden given the context of what they were saying they certainly weren't encouraging people to vote for president trump. and then there were those comments ainsley like mark ruffalo who is very liberal he said are we going to be a country of division and hatred or a country of love, compassion and kindness. that's how i sees the world those two options. i would suggest that great place to start for a country of love, compassion and kindness would be not to accuse half the country of wanting division and hatred just because they may be pro-life or fans of a limited small government. things likes that. carley: good point. what about regina king. i watched her speak and she got emotional. carley: she got emotional and encouraged people to vote among other things. listen to a portion of her acceptance speech. >> got to vote. i would be remist not to mention that find out who are voting in

municipal elections it. is very important. be a good human. rest in power rbg. >> she also paid tribute to briana taylor on her t-shirt so the black lives matter movement was also a part of the award show. at one point actor anthony anderson had jimmy kimmel repeat the phrase black lives matter and then he also said say it louder so mike pence can hear you. so there was politics throughout the night for sure. ainsley: what about the fire? >> well, also in these award shows there is always these corny bits. and in this country jimmy kimmel decided to try to sanitize an envelope by spraying it with lysol and lighting it on fire and jennifer aniston was there to put outs flames. a bit of a corny bit. did i see a couple comments this dumpster fire imagery how the night was going which wasn't very nice. it is very differ to do these bits and tell these jokes without an audience there to

back you up. any shows you are watching. >> shift's creek big winner of the night hilarious show. if you like tv and liked that show you definitely were happy about that one. i think they swept every single category they were up for on award and also watchman did very well as well. ainsley: thanks so much, carley good to see you. >> you too. ainsley: we have josh hawley and lou dobbs and president trump is going to join us live ♪ ♪

if i'm your president, on day one we'll implement the national strategy i've been laying out since march. we'll develop and deploy rapid tests with results available immediately. we'll make the medical supplies and protective equipment that our country needs. we'll make them here in america. we'll have a national mandate to wear a mask, not as a burden, but as a patriotic duty to protect one another. in short, we'll do what we should have done from the very beginning. our current president has failed in his most basic duty to the nation. he's failed to protect america. and my fellow americans, that is unforgivable. as president, i'll make you a promise. i'll protect america.

i will defend us from every attack seen and unseen, always without exception, every time. i'm joe biden and i approve this message. every time. beautiful. but when i started cobra kai, the lack of control over my business made me a little intense. but now i practice a different philosophy. quickbooks helps me get paid, manage cash flow, and run payroll. and now i'm back on top... with koala kai. hey! more mercy. save over 30 hours a month with intuit quickbooks. the easy way to a happier business. keeping your oysters growing while keeping your business growing has you swamped. (♪ ) you need to hire i need indeed indeed you do. the moment you sponsor a job on indeed

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brian: capitol hill the debate inference phiing whether the president should fill the long time justice's seat. >> let this moment radicalize you. >> appeal to those few senate republicans don't con vote to confirm anyone under the circumstances. >> it is all politics not about constitutional standards or are legal standards. >> a woman accused of sending the poison ricin in a letter to president trump is arrested at the canadian border. police believe it originated from canada. >> i think china is the bigger problem. you know, it doesn't fit the narrative with me. it's always russia, russia, russia. i say what about china? they don't want to talk about china. >> will will winds battering

galveston, texas the bands of beta reach the coast. landfall expected tonight. >> dribbles it, scramble, cowboys got it. no time-outs but snap, good hold, 46 yards. yes, sir. kiss that pig. ♪ country ♪ from a cowboy boots to her down home roots ♪ she's country. ainsley: that song is perfect. the cowboys came back and won by one point. were you watching that game. brian: i was watching the end of the game on red zone which goes to every hot game as it gets into scoring position. ainsley: isn't that a genius idea? brian: unbelievable. probably the best thing to ever broadcast outside of this show seems very exciting. for them to claw back and give mccarthy last victory fans steve in the stands. huge stadium 90,000 people. put about 20 in there. steve: it was good to see it.

is, today, 43 days until november the 3rd. and, you know, we had been saying until election day given the fact mail-in voting has already started. we will be talking abouthanited. he will be joining us one hour from right now and, of course, the news broke on friday night about the long time supreme court justice ruth bader ginsburg that is where we will start with the president this morning. brian: besides that, what would we be talking about, you know? >> well, there is that end of election season in 43 days as well. our top story on this monday morning is the supreme court. it is in black to honor the life of supreme court justice ruth bader ginsburg as the nation mourns her passing on friday. brian: what fighter and she beat cancer multiple times. on capitol hill the debate

intensifying over whether president trump should fill the long time justice's seat ahead of the november election. ainsley: griff jenkins joins us live outside of the supreme court with the latest. hey, griff. >> hey, ainsley, brian and steve, good morning. justice ginsburg leaving behind a remarkable legal legacy as a champion for women's rights. that's why tens of thousands turned out over the weekend to mourn her leaving behind signs that said thank you, justice ginsburg. rbg rip. as senate returns to washington gearing up for bruising fight over the president's potential nomination for her replacement. jondz already weighing in pleading for republican senators to not let the process go forward. listen. >> people in this nation are choosing their future right now as they vote. to jam this nomination through the senate, is just an exercise in raw political power. i don't believe the people of this nation will stand for it.

>> speaker pelosi vowing to fight tooth and nail and vowing impeachment to stop the process. >> we have our options. we have arrowness our quiver that i'm not about to discuss right now. but the fact is we have a big challenge in our country. >> the white house responding in a statement to fox news saying these are bizarre and dangerous power grabs by democrats who will stop at nothing to erode the constitution to enact their radical agenda. but the biggest threat to the president's perspective nominee may be within his own party as majority leader mitch mcconnell readies the stage for a fast track process. republican senator lisa murkowski becom becoming the sed g.o.p. vote after susan collins saying did i not support taking up a nomination 8 months before the 2016 election to fill the vacancy created by the passing of justice scalia. we are now even closer to the 2020 election. less than two months out. and i believe the same standard must apply but with only two

republican senators that they can lose, the president picks up a g.o.p. supporter who had been thought to be in question. that's retiring senator lamar alexander who says no one should be surprised that a republican senate majority would vote on a republican president supreme court nomination even during a presidential election year. senate majority leader mcconnell is only doing what democratic leaders have said they would do if the sho do if e on the other foot. now we will be watching for senators mitt romney cory gardner and former senate judiciary committee chairman chuck grassley all of whom are thought to possibly be on the fence and there are protesters he, we are told. somewhere on capitol hill that may be intending to come here and the supreme court this morning. we will bring that to you as it happens. brian, ainsley, steve? steve: all right, griff. thank you very much. so we need to hear from the president. he will actually be with us in one hour to see where he is on the pick and timing of it. and then, of course, if he does put a name forward it, goes forward to the senate judiciary

committee. for any sort of a vote. sitting on that committee is republican senator from the great state of missouri, josh hawley. senator, good morning to you. >> >> good morning. >> a lot has happened since we last saw you. democrats are very clear. the republicans need to slow down or else. >> well, listen, elections have consequences. and the 2016 the country elected donald trump and in 2018, the country expanded the republican senate majority, including in the state of missouri. my seat. that's with when i was elected and the supreme court was very central to that it's time to move forward with the nomination for years republican senators have promised that they would confirm pro-constitutional, pro-life justice to us that bench. now it's time to do it. no more stealth nominees. no more secret moderates. we need a strong tough conservative, someone roe was wrongly decided someone stand up

for the second amendment, religious liberty. it's time to put that kind of a person on the bench. ainsley: what would the timeline look like. president will nominate a woman he will make that announcement this week. if he makes that, cla what will happen in the weeks before the elections? >> well, i think then the nominee would come and meet with senators. you would have the background checks done and senate judiciary committee would proceed to hearings as quickly as possible. public hearings so that we could ask the nominee questions. the public can get a sense of who she is and what her views are and then a vote would follow. a vote in the committee and then a vote on the floor would follow after that. i do think there is enough time to get this done before the election. i think we need to proceed with that goal in mind. let's not wait. let's not di dither sit on our hands. elected with a job to do and let's get it done. brian: this is somewhat joe biden said when he heard. this i'm talking to few level headed republicans. listen to joe biden urging republicans not to go where you want to go. >> action and reaction. anger and more anger.

sorrow and frustration the way things are in this country are now politically. that's the cycle of republican senators will continue to perpetuate if they go down this dangerous path. i appeal to those few senate republicans the hands that will really decide what happens. follow your conscious. don'ting president trump and senator mcconnell have created. don't go there. uphold your constitutional duty,ion your conscience. let the people speak. brian: already collins and murkowski seemed to have listened. what do you think? are people looking at mitt romney and saying what about him? what do you think? >> well, i think that if joe biden gets elected president, then can he nominate supreme court justices and then we can have that process. listen, right now donald trump is the president, the senate is in republican hands. and i come back again to the fact that voters expanded the

senate majority for republicans in 2018 and let's not forget the supreme court was a very central issue. i don't know how republican senators will be able to explain to the people who elected them if they do nothing. in the next few weeks if we just sit around and do not move forward on a nomination. we were sent here to confirm pro-constitution, pro-life justices to the bench. my view is we have got to move forward with that. steve: sure. of course, going forward, the big question is the timing and everything else. the democrats have suggested, in fact, congressman joe kennedy iii said if he holds a voted in 2020. we pack the court in 2021. it is that simple. we did hear the president did come out with a second list of nominees. your name, senator, was actually on it as you well know within the last couple of weeks. but it sounds like right now at this point the frontrunners are amy coney barrett, who is an appeals court judge. we have seen her before.

but also a new name barbara lagoa. she is 52 an appeals judge in the 11th circuit. she is from miami. she is the daughter of cuban exile and reportedly the white house likes the idea of her because she is from florida and we're in an election year. 43 days out and he needs florida. >> i would just say this. that the president is the first president in my lifetime, i think, to make a commitment when he ran in 2016 to appoint pro-life justices who understand that roe v. wade is a travesty. its judicial imperialism. who understands that is a window that case into a judge's philosophy. so i think it is vitally important. i said i will only vote for a justice for the supreme court who understands that roe was wry decided. who understands the difference between upholding the constitution and imposing their own views. also we have got to get somebody who supports the second amendment. religious liberty and who is going to be tough.

i would say the important focus has got to be that judge's judicial philosophy, their if you have tough news, there their ability to stand in there and do what the constitution says. ainsley: steve said congressman kennedy pack the court. we heard nancy pelosi saying she has all of those arrowness her quiver all these options. senator markey mitch mcconnell set the precedent no supreme court vacancies set in elections year. he violates it when democrats control the senate in the next congress we must abolish the filibuster and expand the supreme court. what do you think? >> well, actually harry reid set the precedent when he accomplished the filibuster for supreme court justices years ago when the democrats had the majority. they are the ones who set the precedent here. they lost the election in 2018. they lost seats in the senate. they lost the election in 2016. they lost the white house. so, listen, if they win back those things, then they will be able to confirm and nominate their own justices in the future. but, to say because they lost elections that now that they will break all of our

constitutional norms and standards, they will pack courts, they will conduct impeachment hearings to stop a president from carrying forward his constitutionally authorized privileges and responsibilities? that's insane. i hope voters listen carefully. this is the same party that looks the other way while rioters and looters burn down our towns. now democrats say they will burn down the constitution. thieves people should not be in power. brian: senator, what they say to you the republicans left merrick garland on ice for nine months. and now the republicans are saying we're not going to wait a month for their nominee. that's the push back, you know it. senator schumer says if you -- they go ahead with this. meaning the republicans, goodbye healthcare protections for pre-existing positions, gay rights, voters rights, civil rights, climate change also at risk. are you going to do all those things? >> yeah, i mean, it's all the usual democrat talking point nonsense. i mean, the truth is that back

in merrick garland the weakening days owaningdays of. lame duck president wasn't up for reelections. the senate hadn't confirmed a justifiable in those circumstances in over 100 years. very different now. in 2018, we expanded our republican senate majority. we have a republican president. i mean, this is a circumstance in which voters have elected republicans to move forward and, again, if the democrats win elections, guess what? they will have the opportunity to nominate or confirm. they haven't and so now it's our responsibility. steve: exit question, senator, you are there judiciary committee. if the president names somebody this week. how many days until it can be done? >> you know, i don't know the answer to that i think it can be done pretty quickly. we disprot to get material from the white house background checks that can be done. steve: a week? >> less than three, i would think. i would hope in the range of a week. it would be up to the chairman lindsey graham to put a schedule

together. i think it should come as quickly as possible. we need to move forward here. ainsley: all right. thank you so much for joining us. good to see you. >> thank you. ainsley: all right. jillian has headlines for us. >> good morning. let's begin with a first alert now. a story we are following. on their way to the supreme court after demonstrating outside of senator lindsey graham's home in washington, d.c. dozens seen chanting and holding signs. one reading we can't sleep so neither should lindsey. the protesters slamming graham's decision to support the nomination of justice ruth bader ginsburg's replacement before the november elections. we will continue to follow that the federal courthouse in louisville will close for the week today ahead of a possible grand jury decision in the brianna taylor case. taylor was shot and killed by police in march. the officers involved have not been charged. workers board up windows to protect the courthouse from potential riots. other federal buildings will also be closed for the entire week no word on when a grand

jury announcement will happen. the trump administration is expected to hit iran with new sanctions as soon as today. rioters reports more than two dozen people linked to iran's weapons program will be punish you had. the move is not getting much international support as the virtual united nations assembly begins today president trump is expected to address assembly by tomorrow. cruising in the final round at wayne foot to win his first major. you a u.s. open champion. jillian: he won the tournament by six strokes on his way out of the clubhouse he was surprised by his parents. they were waiting for him on a video call. desham bow instantly choking up awesome. send it back to you.

brian: golfers getting like offensive linemen. look at the size of these guys. steve steve it worked for him. brian: my goodness. the g.o.p. set to drop a potentially damaging report on joey and hunter biden just weeks before the presidential election. dan bongino breaks down the potential fallout coming up. ♪ ♪

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>> the white house and the senate majority have a moral duty to fulfill the promises they made to the voters and that is exactly what we're going to do. we will fill that vacancy. i will be putting forth the nominee next week it. will be a woman. >> that as the president plans to fill the supreme court vacancy. democrats vowing to expand the court if they win control of the senate in november. congressman jerry nadler tweeting, quote: filling the scotus vacancy during a lame duck session after the american people have voted for new leadership is undemocratic and a clear violation of the public trust in elected officials. congress would have to act in expanding the court would be the right place to start. so let's talk about that. here we have former clerk to supreme court justice clarence thomas and president of the judicial crisis network carrie severino. carrie, good morning to you. >> good morning. steve: okay so, once again, the democrats have been talking

about packing the court a number of times this year. and suddenly it has become more urgent, hasn't it. >> well, give me a break, guys. you have been wanting to pack the court for months here ever since frankly 2018 with kavanaugh they have been talking about it. so they are looking for any excuse think have. and, believe me, whether the seats were filled or not, you know, whether this vacancy happened or not, they would be wanting to packet court. what they want is are judges are ho are going to be using their politics first, not just interpreting the law. what's so ironic is justice ginsburg herself said packing the court would be a horrible idea. tried by fdr, rejected even by his own senate saying this is a bad idea it. could lead to a cycle of one party and the other party increasing numbers of the court. that would be horrible for the institution of the court. horrible for the country. i think the democrats know that but i think they are willing to do whatever it takes to try to get power over that institution. steve: sure. and speaking of justice ginsburg's own words in 2016 she

said there is nothing in the constitution that says the president stops being the president in his last year. you know, the president has been very clear about who he would like to see on the supreme court. and a number of people who voted for him in 201 2016 that was the number one issue they voted for donald trump who he would put on the supreme court. and, yet, while joe biden has said, you know, i'm going to let you know who is on my list. we still haven't seen that list of joe's. have we? >> no. he still is somewhere in his basement. i don't know. he doesn't want to really, i think, pick. he liked to tell everyone i'm really moderate but at the same time placate the most liberal and extreme factions in his own party. he doesn't want to put out a list, i think, because the american people would be frightened by the kind of people on that list. the exciting news is donald trump has put out a list and he really just recently i mean within days he has updated that list. looking at some of the women he did commit to putting women on the court. the women on the list have so

exciting and inspiring. justifiabljusticeginsburg amy cn mothers scholars really would be different than per jerusalem -- steve: the house gets to impeach somebody and the senate doesn't. because it's run by democrats they impeach the president. the senate considers judicial nominees and the house really has no say in it and i think that's really what bugs them because the senate right now the majority is the republicans and they hold the cards. >> that's right. and leader mcconnell has made it very clear there is going to be a vote on this nomination. and even in 2018, when the kavanaugh confirmation was going on, we gained seats in the senate for the g.o.p. because people were so outraged at the politics that the democrats were playing. i think that that's the american

people saying, you know what? on this issue we like what's going on here and we want to see more judges who are going to be faithful to the constitution and the rule of law. steve: the president is with us about 40 minutes from right now. we will try get some answers from him on that. carrie severino, thank you for joining us. >> thanks. steve: all right. 7:25 now in new york city. with a new vacancy on the supreme court, aoc is making this plea to her fellow democrats. >> let this moment radicalize you. we need to focus on voting for joe biden. i don't care if you like him or not. steve: i don't care if you like him or not. that's something. lou dobbs breaks down the state of the democratic party coming up next. ♪ who is usaa made for? it's made for this guy a veteran who honorably served and it's made for her she's serving now

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...to soccer practices... ...and new adventures. you hope the more you give the less they'll miss. but even if your teen was vaccinated against meningitis in the past... they may be missing vaccination for meningitis b. let's help protect them together. because missing menb vaccination could mean missing out on a whole lot more. ask your doctor if your teen is missing meningitis b vaccination.

brian: time for news by the numbers featuring me reading news by the numbers. rx drivers rank on getting the most speeding tickets over the past year. they are safe. new study by ensure fee is that the way you say it bs ainsley. finding 23% of the owners living

in the fast lane. michelob ultra will pay someone the beer company is hiring a chief exploration officer to national park six months taking pictures to social media. office with a view. lots of travel and plenty of beer. abbey hornacek is doing that already without the beer. and finally 107. that's how many birthdays the oldest living marine is celebrating sergeant dorothy kohl. after pearl harbor quantico primarily in the administrative role. steve: meanwhile in other news, new york congresswoman alexandria ocasio-cortez firing up her base in the wake for supreme court justice ruth bader ginsburg's death on friday. >> let this moment radicalize you. we have focused on voting for joe biden. i don't care if you like him or not. this is not over, you know. we win in november, i'm sorry to tell you, you are not going back to brunch. we are not going back to brunch

that's not happening. steve: no brunch. ainsley: no more brunch. brian: bad for french toast. ainsley: author of that book right there and can you preorder it comes out tomorrow the trump century. hey, mr. dobbs. how are you? >> ainsley, i'm great. great to be with you. good to see you all. ainsley: great to have you on. what was your reaction to that aoc, no more brunch. i don't care if you don't like him. go vote for him. >> i love that she is now the voice, the fails of the democrat party and the radical left simultaneously making it very clear going to take almost single-handedly the democrats to the edge -- left edge of the abyss. it's really extraordinary to watch schumer and pelosi both step back and let her take the lead. and follow her lead. it's really historic election

for that reason to believe if no other and as you know there are plenty of reasons as well. brian: yeah, lou, it's just amazing if the president is successful, he is going to have to show that joe biden is really going to have to cow tell t kows left wing. in the trump century you write trump has changed the political debate but also the republican party. especially when it comes to things like trade. for the longest time free trade make your money on the business channel. he upset republican doctrine, too. didn't he? >> well, he tore it up. it's interesting to look at all that he has done. you remember there are a number of things that we don't talk about that also are independent carrots of just how successful this president has been. do you hear the words free trade much anymore, brian? no. brian: either party. >> peddled by the chamber of

commerce both parties, absolutely. you don't hear it anymore. he crushed the idea. fair trade, reciprocal trade but let's not talk about the silliness that tom donahue and the boys peddled for 30 years because it's nonsense. he demonstrated it's cost trillions of dollars. and you do hear a lot about tariffs. remember, they are the same people who said you couldn't put up a tariff to protect an american worker. you couldn't put up a tariff to protect an american industry. he has done just that. he has delivered. he has also achieved by the way 3% growth and barack obama thought you had to have a magic wand in order to see that kind of growth. trump has proved it to be both achievable and sustainable. turns out he found the magic wand. have you looked at everything he has done during thinks almost four years in office.

so, how do you forecast what the president is going to do regarding filling the vacancy now with the passing of ruth bader ginsburg? >> i think historically, that he will do what other presidents have done when that party controls both the white house and the senate. he will immediately name his nominee and mitch mcconnell has already said he will immediately move to a vote. that is in line with history. it is the predominant precedent. and all of the nonsense. i mean, i have to tell you i'm amused by all of these folks saying you know, have you got to wait until the next year, i'm sorry, this is the american people speaking. whether it's the control of the senate. that was a decision of the american people. whether it is president trump, a decision and i think a great decision obviously of the american people. move on. get the court forward. and by the way. these republicans who were

saying like collins, murkowski, you know, the usual suspects saying they don't want to vote, they want to wait until maybe there is a different party in control, the reality is, we are at a perilous point in our history. i truly believe the conditions are approximating that precivil war. and it's really important to have that court prepared with a 9 -- all nine seats filled, ready to rule on august of the contests in court that are sure, sure to lead up to and follow this historic election. ainsley: lou, congratulations your book. buy it right now at local bookstore. buy it tomorrow, i guess. buy it on amazon preorder. steve: they will deliver it tomorrow. brian: if you see lowe on the street, ask him if he has an extra copy. >> and i will have. i guarantee you. ainsley: he will even sign it for you congratulations lou.

steve: we will be watching your show each and every week night eastern time. lou dobbs. thank you very much. good luck tomorrow. ainsley: coming up a powerful in pittsburgh steeler's lineman honor a fallen police officer on the back of his helmet. dan bongino is here to react to that next. substitute teaching. i honestly feel that that's my calling-- to give back to younger people. i think most adults will start realizing that they don't recall things as quickly as they used to or they don't remember things as vividly as they once did. i've been taking prevagen for about three years now. people say to me periodically, "man, you've got a memory like an elephant." it's really, really helped me tremendously. prevagen. healthier brain. better life. you try to stay ahead of the but scrubbing still takes time. now there's powerwash dish spray it's the faster way to clean as you go

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>> we must also commit to using every procedural tool available to us to make sure we buy the time necessary and to mitch mcconnell, we need to tell him that he is playing with fire. we need to make sure that this vacancy is protected. >> once we win the majority, god willing, everything is on the table. if we don't win the majority,

these questions are all moot. but if we win the majority, everything is on the table. brian: let's bring in dan bongino. fox news contributor, former nypd officer. they are going to pack the court, samoa is going to be a state, guam is going to be a state. puerto rico is going to be a state. no more electoral college. are you scared? >> no. they can plant one on micah booze. they have been threatening us forever, brian. what's the difference in the way this -- yeah, no, i'm serious, they don't care scare me one bit are we all being held hostage now because the minority on the senate side, that lost the election, they lost. we're in charge of the senate for now, we may not be in january. but we certainly as hell are now. we won. after you harass brett kavanaugh they lost four seats and we gained a net of two. on the republican side so, brian, by the way, they failed, remember logic.

that's not the way threats work. the way threats work if you do this then we will do that they have been threatening us forever. they have been talking about packing the court for months. d.c. understood, pre-k can statehood. none of this is knew. supposed to back down now. here is my advice to the senate. forget them. gaffe off their nonsense. move ahead. plow ahead. i know president trump and the senate will do the right thing. we are in charge. we may not be in january but we are now. steve: well, while the senate is in charge of republicans. sounds like we are in senate judiciary committee regarding hunter biden just in time for the election. here is ron johnson senator talking on the radio a couple days ago. listen to this. >> while will reveal not somebody we should be elected president of the united states. glaring conflict of interest

between hunter biden being on the board of a corrupt oil company run by a corrupt oligarch as much as obama administration talked about running an anti corruption campaign that recent owner escaped justice. investigation ended that aim happened while hunter biden was on the board. that's one of the areas we are going to further explore. >> okay. we have heard so much about this but it's been a little while, is it too late to reintroduce hunter biden and burisma into the election casino? >> no, it's only fair, here is what the democrats are trying to do here trying to confuse people, as we all know joe biden is on tape admitting he demanded the firing of a prosecutor looking into the business his son was working for in ukraine. we have seen the tape, heard the tape. we don't need to re-litigate that the democrats come back to this as always been a lie. their come back is well, you

know, the investigator recent really investigating that company anymore, that hunter biden was working for, joe's son. that case was closed. that's false. that is a documented on the record lie. the fact is that that prosecutor that was working was still actively working with foreign banks overseas to investigate money it run that do youd you through a bank latvia a that money, suspiciously, some of it allegedly wound up in the bank account of hunter biden. folks, again. you can look all this up. don't take my word for it. it's a news network. we do news here. look it up yourself. fact check what i'm telling you. that investigation was ongoing into expwrokd's kid when joe biden told the prosecutor hey, i want this guy fired i want the prosecutor fired he got fired. these are facts. it should be open season. if this was the trump family you and i know this would be on the front page of every newspaper.

but because it's biden he gets a pass. ainsley: hey, dan, what was your reaction, you know, this the steelers have been wearing the names of most of the teams have been wearing antwon rose jr. on the back of their helmet they did that with the season opener. marquise is one of th centers. he won the name of eric pelley. one of the three officers killed in a domestic incident in 2009. there was controversy about it. i know antwon rose jr.'s mother was upset because marquise never called her to talk about it why he didn't put her son's name on the helmet this time. >> you know, this is really where we are right now the controversy over putting the name of a fallen police officer. you know, ainsley, did i an appearance with you a while ago. i will never forget one of those mornings where a police officer was killed and i said to you having been a police officer i get a text or an email once a year but a police officer i knew or someone i knew knew was

either shot or killed. thank god that's not happening in the nfl at fox news or else where where one of your employees once a year. one of your friends at work ainsley getting a text do you remember them? they were shot in the line of duty last night. do you know where that happens? when you are in the military and when you are a cop. that's where that happens. and you are suggesting to me that the folks throughout who are the woke crowd that it's controversial for the nfl player to put the name of a fallen police officer on his helmet? please explain to me with a straight face, think about this before you talk. please explain to me what the controversy is there. i will wait because there isn't one these are the real heros not working for million dollars a your. if they're lucky to make a million dollars over their lifetime keeping you your stadium you are your players your mansion safe. brian: i hear you. i don't know the nfl got upside down on this and now they have got to try to work their way out of it just play football. it's 2020. this is like the apocalypse

happened all at once. can we just sit down on sunday god bless you have the god-given right to speak about any issue you want. can you just go on the field. that's all we are asking. and just play football? throw the ball, catch the ball so we can all sit down and take a deep breath for a few hours and enjoy our lives what has been a terrible year. brian: for the record, the jets cannot play football. they cannot do what you told them to. >> that's been an ongoing problem. >> kick pass or catch. >> no, no. a little light hearted way to end the segment. well done. leave it to the sports guy. he has always got something. brian: don't forget ken o'brien. >> he wasn't bad could have had dan moreno, that's the problem. >> true. brian: for more on this, i'm sorry, let's talk about weather with janice dean. hey, janis.

janice: i will put it in the end zone here for the weather here is tropical storm bait attachment we are expecting the storm to weaken but bring quite a bit of rainfall along areas that have been affected by sally and laura, remember those storms? those back-to-back hurricanes. flood advisories for sex and louisiana over the next couple of days because the storm is expected to impact the texas coast line and moving slowly over the next couple days as you can see. there is the latest track. we are also watching hurricane teddy moving into atlantic canada in the next couple of days and we will see the potential for very rough surf and the rip current. and look at all the storms that we have had so far. 28 named storms. 8 hurricanes baited that will make nine u.s. land falls into tuesday. busy, busy forecast. all right, steve, ainsley, brian, back to you. ainsley: thank you so much, j.d. the media furious that president trump will pick a supreme court

nominee before the elections. joe concha says their narrative is irrelevant. he joins us next to explain. ♪ crazy on you. ♪ let me go crazy, crazy on you ♪ if your dry eye symptoms keep coming back, inflammation in your eye might be to blame. looks like a great day for achy, burning eyes over-the-counter eye drops typically work by lubricating your eyes and may provide temporary relief. ha! these drops probably won't touch me. xiidra works differently, targeting inflammation that can cause dry eye disease. what is that? xiidra, noooo! it can provide lasting relief. xiidra is the only fda approved treatment specifically for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use if you're allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation.

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>> i certainly think it would be 100 percent inappropriate for president trump to try and nominate someone. >> can you spell hypocrisy? i mean, it is blatant hypocrisy. the idea that mitch mcconnell could engage in the greatest act of hypocrisy in american political history. >> president trump hoping this will upend a race he is losing. but is there any evidence it will? ainsley: that eric holder sound bite said thursday it's actually from sunday, yesterday. president trump vowing to nominate a successor for justice goldberg on the supreme court and critics of the media making it clear how they field about this joining us media reporter for the hill joe concha. good morning ask that surprise you? >> not really serve focusing on

lindsey graham's statement arcing about merrick garland's nomination in 2016 or mitch mcconnell's actions in terms of blocking that nomination in 2016. the whole ballgame changed the narrative changed, ainsley, in 2016 and brett kavanaugh and that whole confirmation hearing in the media running with ridiculous allegations against brett kavanaugh in terms of july live swetnick represented by michael avenatti currently president of his cellblock around gang rapes and brett kavanaugh being part of those parties. 2019 a pointless guy. , and i mean pointless in the accepts where democrats never had the votes to remove a president yet they went ahead with it for political theater anyway. when those things happened all bets were off and now the g.o.p. was doing exactly what democrats would do if given the same opportunity now in 2020. they would not nate to fill the vacancy in the passing of ruth

bader ginsburg. ainsley: we had josh hawley on earlier you have an obligation to voted the way they want you to vote. gosh from gsh. >> hard to make argument against confirming a supreme court justice in an election year when in this election year you have had democrats, leading ones, top ones like nancy pelosi talking about abolishing the electoral college or blowing up the filibuster getting it all together. once those norms are put on the table this is what we are going to do if elected, then suddenly you have to take these opportunities when they come about. ainsley: some of these senators are in close elections. how do you think this plays out? do you think the president will nominate that person and vote lame duck? >> that's probably the way it's going to work out because we have never seen someone confirmed in six weeks that this is the whole process and i would imagine the democrats would try to push it out past the election which is now only in seven weeks but, look, i think john fund, a conservative columnist made a great point. he said and i quote: the court must be at a full complement

should any election disputes such as bush vs. gore occur. had you judge napolitano on your show last week ainsley talking about how the year 2,000 in terms of all the legal battles that happened after that election that will look like child's play compared to what we are going to see in 2020 in terms of all the disputes that's definitely going to happen as a result of mail know voting. by the way if i am amy connie barrett who likely will get this nomination. it seems like she is at the top of the list and, look, if i dated her in sophomore or junior year, i'm probably scrub scrubbing my contact information right now. you know if that happens, she is going to be vetted the same way kavanaugh was in terms of going back all the way to high school and finding the most salacious allegations against her. i mean that as a joke but still we know how this is going to go. ainsley: joe, thank you. more fox and friends coming up. ...and new adventures. you hope the more you give the less they'll miss. but even if your teen was vaccinated against meningitis

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it's all up to you. ♪ ♪ ♪ ♪ brien: the debate intensifying over whether president trump should fill the longtime justice's seat. >> it's just an exercise in raw political power. >> i do think there's enough time to get this done before the election, we need to proceed with that goal in mind. >> mentioned the possibility the house could move to impeach as a way of stalling. >> we have options, we have arrows in our qufer. >> there's no question could mitch mcconnell find 50 votes. >> you're saying the travel bans made the situation worse, not better? >> we created this rush, and we

don't have the ability to test or quarantine those people. >> he doesn't get in! and the seahawks are going to win the game! [cheers and applause] ♪ ♪ steve: on the second floor of that building we just showed you in our washington, d.c. shot, the president of the united states is in a room -- we're not going to tell you which one because we don't know -- he is on a phone, and he is going to be joining us in just a couple of minutes because there is so much news to talk about with the breaking news on friday night about ruth bader ginsburg and, of course, we're 43 days away from the conclusion of election season, iowans lu. ainsley: fill her seat or wait until after the election, we'll talk to him about that, brian. brian: yeah, i don't think we've had a chance to talk to hum at length about it.

also a week from tuesday, tomorrow, we'll be in a debate. so possibly the most pressure-packed debate of his career, and it's going to be exciting. meanwhile, the supreme court draped in black to honor the life of supreme court justice ruth bader ginsburg as the nation mourns her passing. steve: on capitol hill, the debate intense ifying over whether president trump should fill the longtime justice's seat before the november election or wait until the winner can do that, that's the question. ainsley: griff jenkins join joins us live. >> reporter: returning to washington, it's going to be a big fight, but let us show you the images and the pictures of the mourners, the tens of thousands who turned out here over the weekend with signs, thank you, justice ginsburg. she was such a cultural icon and champion of women's rights. but as we talk about that possible potential nomination, joe biden already weighing in, imploring republican senators to

not vote to move forward. listen. >> the people of this nation are choosing their future right now as they vote. to jam this nomination through the senate is just an exercise in raw political power. i don't believe the people of this nation will stand for it. >> reporter: but even speaker pelosi is threatening impeachment to stop the process. meanwhile, perhaps the biggest threat to the president's prospective nominee could come within his own party as mitch mcconnell will start to fast track the process this afternoon. senator lisa murkowski now the second senator to e say she will not support moving forward on a nominee: i do not support taking up a nomination eight months before the 2016 election to fill the vacancy created by the passing of justice scalia. i believe the same standard must

apply. it's coming down to a numbers game, a math game. democrats need at least two more republican senators in addition to murkowski and collins to stop or block the process, if you will. all eyes will be today on senators like romney, cory gardner and even chuck grassley, the former chairman of the senate judiciary committee. but the president did puck up lamar alexander from tennessee, he will support him, so that is going to be what everyone's watching. i should mention also we've had some protesters, the sunrise group, they call themselves, chanting no nomination before inauguration. they started their day by waking up senator lindsey graham about an hour ago. steve: griff, thank you very much. now let's go to the second floor of the white house, and joining us right now is donald trump, president of the united states. mr. president, good morning to you. >> good morning. steve: it's good to have you. with the breaking news on friday

about ruth bader ginsburg who died at 87 after serving 27 years on the u.s. supreme court, she was, you know, a legendary legal figure. i'm sure you have some things you'd like to say about how this woman had given decades of her life to public service. >> well, she was a legend, and she respected something different than you or i or somebody else may really agree with or like, frankly, but she was a legend. she represented a certain philosophy, policy, certain groups of laws that she represented very well. highly respected. she actually voted for me in a very important case, and i was shocked, if you want to know the truth, because we lost a couple of conservative votes, and she actually made it possible to get this approved. which was rather amazing, to be honest with you. i don't want to hurt her reputation at all, but she did vote for me on a case, and it was a very important case, so

that was nice. but, no, she was a legendary figure. ainsley: well, i know you said you're going to nominate a woman, that's very important for women who are voting in -- >> how about you, ainsley? i could nominate you, you know. [laughter] you don't have to be a lawyer, you don't have to be a judge. you could nominate -- steve: go ahead, make some news right now, mr. president. >> she would sail through like nothing. that would be, probably, a good idea. at least we'd know for sure she'll be approved. auction auction there are -- brian: steve and i are going to push back hard. ainsley: i think i'll stay on this team, but thank you, mr. president. you said you'll make the announcement, will it be the beginning of the week? what day? >> i think it'll be on friday or saturday. and we want to pay respect. we, it looks like, it looks like we will have probably services on thursday or friday, as i understand it. i think in all due respect we should wait until the services

are over for justice ginsburg. and is so we're looking probably at friday or maybe saturday. brian: so friday is going to be the day, or saturday, and we know how this looks, because you'ved had two dress rehearsals before. we understand judge coney barrett is somebody on your with list, also we also is have judge barbara lagoa of the 11th circuit court of appeals and judge allison jones rushing. first time, lagoa, this is the first time we had a chance to look at her bio outside legal circles. we know about judge bought. tell me about lagoa and what made her a finalist and what might tip the scales her direction. >> well, she's excellent. she's hispanic. she's a terrific woman, from everything i know. i don't know her. florida, we love are florida, and so she's got a lot of things -- very smart. they're all very smart.

there are actually five i'm looking at, it's down to five, and we're, you know, they're all -- it could be any one of them. they'd all be great. these are really top people. to get on that list, you know, i created a list, and biden should do that too. he's got all radical left, major radical left players, that's why. and if he puts a centrist in, somebody that really should be, somebody that's not so far left that it would be a member of for aoc plus three crowd, he will, he's got a problem. if he puts somebody on that is not going to be popular with a certain group of people, they will all run away from him like the plague. brian: mr. president, who's the other two? >> i'd rather not say, but they're two fantastic people. i'm looking at five, probably four, but i'm looking at five very seriously. i'm going to make a decision on either friday or saturday. i will announce it either friday

or saturday, and then the work begins. hopfully, it won't be too much work, because these are very qualified people. no matter how you would look at it, these are the finest people in the nation. young people. pretty young for the most part. steve: that's right. so judge lagoa, who you apparently are considering, she is 52. she's an appeals judge in the 11th circuit from miami. she's the daughter of cuban exiles and would be the second latina on the supreme court. and i've been reading this morning in "the washington post" it sounds like a lot of people who surround you and perhaps are e trying to bend your ear really like her because not only is is she a brilliant jurist and she went to -- you know, she's got an ivy league education and things like that, but apparently, you know, she's from florida. >> yeah. steve: and, you know, given all things being equal, these five

women are all of equal standing with the law, you know, some might say, you know what? she's from florida, he needs to win florida on election day, so maybe she gets thed nod. the nod. is politics going to be part of it? >> i try not to say so. i think probably automatically it is even if you're not wanting to do that, it becomes a little automatic. a great one from michigan, you know, you talked that. as you know, indiana represented very well. we have from all over the country. i think less so than the person themselves. if you look at some of the quality that we have educationally, these are the smartst people, these are the smartest young people. you like to go young because they're there for a long time. i have a friend who's a genius, he'd like to be on. i said you're 70 years old, how long are you going to be on before you decide to wrap it up. so, you know, it's one of those

things. but we, you tend to go young, and i think in almost all cases -- you could have somebody be on the bench for 40 or 50 years, you know, these are big decisions. steve: so, mr. president, what i heard you say is, essentially, you're looking for a brilliant legal mind, and if there is a political benefit for it, maybe that's just a bonus. >> well, you could say that, but we're looking for somebody who's brilliant, really understands the law and abides by the constitution. and a good person. we're looking for a good person, a person who's really been somebody that has very, very humoral values. high moral values. ainsley: josh hawley was on our show earlier and he said we have an obligation to our voters to vote the way they want us to vote. he's going to push to go ahead and fill the seat either before the election or in the how many duck session. then duff ruth bader ginsburg

who told her granddaughter on her death bed allegedly that her dying wish was to have the next president choose her successor. how do you think all of this plays outs? >> i don't know that she said that, or was that written out by adam schiff, schumer and pelosi. i would be more inclined to the second, it sounds so beautiful. but that sounds like a schumer deal or maybe a pelosi or shift few schiff. so that that came out of the wind. let's see. i mean, maybe she did and maybe she didn't. look, the bottom line is we won the election. we have an obligation to do what's right and act as quickly as possible. we should act quickly because we're going to have probably election things involved here, you know, because of the fake ballots that they'll be sending out which is a terrible -- steve: so, mr. president, you can't have a tie in the supreme court. >> well, we don't want of to have a tie, no, we don't, and we want to have nine justices, and we want to have somebody with a lot of talent added to the

already talented people we have on both sides. and it's very important. but, you know, we won the election, and elections have consequences. it's called you pick people from the supreme court, and you pick judges too. we have, we're going to have almost 300, about 300 judges at thend of my first term, which will be a record. it's a record. and that happened because president obama left us a tremendous number of justices and judges that he couldn't, either couldn't fill or didn't work hard enough or maybe he thought hillary was going to win, and he didn't push it. even if you thought she was going to win, having judges and appointing judges is a very big cool. not only justices of the supreme court. and he left us a treasure-trove. in fact, i couldn't believe it. i said how many do we have, and the number was 142. 142. very rarely does a president leave office and have any --

brian: i know. >> -- nuggets of gold. you don't do that. brian: mr. president finish. >> and then they say he was a great president. well, a real democrat wouldn't say he was a great president because he left us 142 openings. and if then i've added to it by at lot. but we're going to have -- could even be slightly over 300 judges, and that's a record. and, well, that's another achievement because i've always heard that judges and justices of the supreme court are the most important thing a president does. i think, actually, it's the military defense, etc., etc., and we rebuilt our military in addition to everything else. but i think, you know, but i've heard and you've heard always that the most important thing that you do is judges but also justices of the supreme court. they actually usually say justices of the supreme court. brian brian it's a big deal. impacts beyond your years in office, but, mr. president -- >> we won the election, we have the right to do it, so we have plenty of time. we have a lot of time. it's not like we're dying --

brian: do you think -- >> and i think the final vote should be taken, frankly, before the election. we have plenty of time for that. brian: so you do believe that this vote should happen before november 3 or. >> yeah, i think it should go very quickly. we have a lot of time, you know? especially the people we're talking about, most of them are young, and they're gone through the process very recently. i'm not saying who, but pretty much they've all gone through the process very recently, so we're not going to find so much. they've been there for two years, they've been there for a year. one that's very qualified who's extoo manically good who's, i believe, 38 years old. brian: right. they'll go back to her high school yearbook, we already know that. >> the democrats are thrilled about that. they love the idea of somebody who's 38. brian: right. i get the sarcasm. >> things are exploding. brian: what if they cost you the

senate? what if they cost cory gardner a seat, joni ernst a seat, it might help mitch mcconnell and lindsey graham, but it could hurt others on the cusp with more battleground states -- steve: if you have the vote before november 3rd. >> i think it's going to help cory, by the way, i really do, he's a great guy, very, very loyal to the party and to his state. i know that for a fact. i think it's going to help mitch, i think it's going to help everybody if they do it. if they do it, if they do it as they should be doing, it's going to help everybody. i think it's going to help our country, if you want to know the truth, if we we do it -- brian: democrats don't feel that way. they're incented, they're threatening -- >> and you know what? they might win an election. hopefully, it's not going to be this one, but they might win an election, and then they're going to have a pick for themselves. but, you know, losing elections, that has consequences.

it's like -- that means the other side gets to pick supreme court justices which is, you know, a big deal. it sets the tone. i'm going to tell you right now, it's a very big deal. we picked two great ones, and i have a third. you know, i'm very lucky because rarely does a president have this opportunity to pick not only that, so many judges, close to 300, but also -- and appeals court judges. but also, very importantly, three. some presidents never get to pick any. because, again, they stay there for a long time, you know, 35 years, 40, 45 years. so a lot of presidents don't get to pick supreme court justices, and here i am in one term i get to pick three. so that's very important. steve: that certainly is going to be part of your presidential legacy. you know, here we've talked to you, we're 43 days away from the election, we haven't really talked about joe biden. he was out and about yesterday in philadelphia, and he had this observation about what you want

with to do. listen. >> the people of this nation are choosing their future right now as they vote. to jam this nomination through the senate is just an exercise in raw political power. i don't believe the people of this nation will stand for it. president trump has already made it clear this is about power, pure and simple power. steve: you made it clear, mr. president, elections have consequences, you know? we heard that a 2340ur78 number of years ago. but chuck schumer then went on and said if they do this, nothing is off the table. and, in other words, they might get rid of the filibuster, or they might pack the supreme court. those are real threats. but then again, they've been making the same threats about doing that for the last year.

>> so, number one was joe biden, was he reading that over, off a teleprompter as usual? or so far he's even done news conferences, and they give him the questions. nobody's ever given me the questions. they give him the questions. and it looked like he was reading it off a teleprompter. everything's off a teleprompter. i don't know what's going on, but it's kind of crazy. no, they're being very threatening, and they even said that if i do it, they're going to impeach me. they impeached me for a perfect phone call to say congratulations to the president of ukraine, and then they said it was different than that. shifty schiff said horrible things, and everybody thought i made that -- thank goodness it was transcribed perfectly, you know? i guess we won with the remoney party 197-0. republican party. and they did that. so i heard yesterday if i do it,

if i do it, they're going to um peach me. so they're impeaching me for doing constitutionally what i have to do. here's the thing, we have -- and i think then we win the election, then we win all elections if they do that. steve: so it sounds like -- >> my numbers went way up last time they did it. steve: are you encouraging her to impeach you? >> no, if they do, i think my numbers will go up. i think we'll win the entire election. i think we'll win back the house. i think we're going to win the house. i really do, i think we're going to one the house anyway. i think that would help those senators. i think that, you know, you mentioned the senators, i think susan collins is very badly hurt by her statement yesterday, and i think murkowski is very badly hurt, and she doesn't run for two years. but with i think this will follow her into the beautiful, and it is a beautiful state of alaska. a beauty. i think -- nobody's done what i've done for alaska, i can tell you, with an war and with a

certain -- anwr. i always say nobody's ever done so much for so little with murkowski. nobody's ever done so much more so little. i think she'll be really hurt badly in two years. and i think that susan collins is going to be hurt before badly. -- very badly. her people are not going to take this. so that's it. i mean, if they want to go again, but don't forget, we were put in this position by voters, and we have a lot of time. it's not like we have two days, we have a lot of time as this goes. whether it's before or after, we have a lot of time before, i think it should go before. but whether it's before or after, i mean, after we have a lot of time. but i think we should do it before. but, you know, there is zero chance that they wouldn't do it, just so you understand. brian: so you -- ainsley: so if the shoe were on the other foot, if there was a democratic president and senate, you think they would definitely

fill the seat before? >> oh, zero chance that they wouldn't do it. they wouldn't even talk about it. they'd say you're crazy, what, are you crazy? and biden made that statement before, if you go back, i'm sure he doesn't remember it, but with he made that statement before. so if the shoe were on the other foot, as they say, there would be no chance that they wouldn't be doing it. they'd be doing it, and they'd be doing it probably a hot faster than we'll do it. brian: mr. president, people are saying, wait a second, president obama had merrick garland nominated nine months before his last day in office, and the republicans said it's too close to an election. and now they're saying republicans are hypocrites saying we're going to push this through, you included. is this a difference in your mind? do you understand where they're coming from? >> so i think merrick garland is an outstanding judge. i think he's outstanding, and i think he's an outstanding

intellect. he is liberal. that's okay. but the only problem was, and this is up to the senate, the only problem was president obama did not have the senate. i mean, i could go a step further. president obama didn't get a lot of judges, and i just told you 142 judges. he didn't get a lot of judges because, you know why? he didn't have the senate. so that's an election of a different kind. we had the senate. and the senate didn't want to do that. and mitch didn't want to do that. so there's a difference. when you have the senate, when you have the votes, you can do what you want as long as you have it. is so now we have the presidency and we have the senate, and we have every right to do it, and we have plenty of time. now, this took place one day, with we had one day or five days or ten days, i don't know, maybe you could do it then, but that would start to look a little bit bad, but we have a tremendous amount of time. far more than other justices, if

you look back, you know, than it took for other justices. we have a lot of time, tremendous amount of time. i think it should be voted on and done before the election. i think that would be good for the republican party, and i think it would be good for everybody to get it over with because it's always controversial. and no matter who i puck, no matter how great the intellect, how brilliant the people, and they're all brilliant, no matter how incredible the education, they all have incredible education, no matter how good, the democrats will say this is terrible, this is terrible, no matter what. no matter how good a deal i make when i make these great deals for our country, they'll always say, oh, we don't like it. i they didn't like usmca, they didn't like it. i said you never saw it, because i've never revealed what it is. very bad for the country. no matter how great this person is, they will not like the person. steve: that's right. because it has all become political, unfortunately, these days, and everybody knows that.

mr. president, i know you're going to get on air force one, you're flying out to ohio today, you're going to address the fought for the american worker. ever since the pandemic started and the economy crateredded, the federal reserve, you know, looking forward they were a little pessimistic, but a couple of days ago the federal reserve actually was quite optimistic. in fact, they talked about how right now we're in a situation where we have 3 million more jobs than they thought we would at this stage of the game. >> that's right. steve: and $600 billion more economic activity over and above what they expected just three months ago. so while we are still suffering from the pandemic, there is some light at the end of the tunnel. >> so we're rounding the corner. with or white house a vaccine -- they a hate it when i say it, but that's the way it is. we're rounding the corner on the pandemic. and we've done a phenomenal job. not just a good job. other than public relations, but

that's because i have fake news. you can't convince them of anything. they're a fake. but we have done -- on public relations, i give myself a d. on the job itself, we take an a+with the ventilators and now with the vaccines that are years ahead of schedule. if biden, who ran the swine flu, he was the swine flu, it's the h1n1 which he reverses, he calls it the n1h1 because he doesn't have a good memory, but if biden on the swine flu, if he ran this like he did the swine flu, from 2-3 million people would have died. the swine flu that he ran was a disaster. and the person who ran it, who i think you've had on your show, admitted that they didn't know what they were doing. maybe he was honest. it was a total disaster. a much less lethal situation in terms of the flu itself. that was the flu.

this is a virus. but it was a much less lethal situation, but it was handled so badly. they lost thousands and thousands of people. and they agreed that they handled it badly. now he's telling us how to handle this. and we don't need his advice. we really don't want his advice. [laughter] we'd like them to be honest because it's good for the country, you know, be honest. for instance, everybody wanted a vaccine, they wanted it so badly. once they realized i'm getting it very soon, within a matter of week, once they said, oh, he's getting it, then they started hating the concept of having the vaccine. that's so bad for our country. it's doing really well. pfizer and other companies, actually we have three that are really doing really well. steve: mr. president, you just said weeks. how close are we? >> well, i would say that you'll have it long before the end of the year, maybe, maybe by the end of october. brian: what company? which one is closest? >> well, pfizer's doing really

well. i tell you, pfizer's doing really well. johnson & johnson has an incredible vaccine that's doing well, that'll probably be a little later. moderna's doing very well. and on the other side, of courseford, we're very much -- oxford, we're very much involved with that also. so we're doing really well. and, you know, one of the reasons we're doing well is because what we did with the fda. normally, if this were obama and bind, they wouldn't have this vaccine for another two and a half years because they wouldn't have been able to got through the process of the fda. total safety, by the way. total safety. it's number one. but if this were up to them, if they had it instead of us, what i did with the fda was very good, and we speeded the process up to a point where we're going to have them in a matter of weeks. they wouldn't is have had it for two and a half years. ainsley: bill gates was on with chris wallace yesterday, and he said the travel ban that you implemented in january might have worsened the pandemic. listen to this. >> this rush, and we didn't have

the ability to test or quarantine those people, and so that seeded the disease here, you know, the ban probably accelerated that the way it was executed. >> you're saying that the travel bans made the situation worse, not better? >> march saw this incredible explosion of the west coast coming from china, and then the east coast coming out of europe. and so even though we'd seen cochina and seen europe that testing capacity and clear message of how to behave wasn't there -- ainsley: mr. president, here's your reaction. >> here we go with gates. i hear it for the first time. i heard it yesterday, actual. i listened to griff, had a good show. i said, here we go, gates again. frankly, we did quarantine, and and we were careful.

the people that came in were all americans, so what were we going to do, say you can't come back? they wanted to get out of wuhan province which was, you know, heavily infected. and because of the fact that we knew that it was heavily infected, we had quarantine, we had -- we were very careful. did some slip by? perhaps. but this is a new one. this is a democrat talking point. brian: right. >> the interesting thing is two months later everybody agreed that i did the right thing. so two months later sleepy joe said, well, he did the right thing. he absolutely did the right thing. i didn't know if it was an apology or did he just say that. but everybody agreed i did. dr. fauci agreed. dr. i fauci was against it because he didn't think the problem would ever be that big. and there's nothing wrong with -- i'm not saying one way or the other good or bad, i'm just saying he was against it. and then a couple months later he really wanted it. and by the way, dr. fauci said i saved tens of thousands of lives, so he disagrees with

gates. but most of them say -- i haven't heard anybody say say that what i did was a bad thing. gates is going with a new dem talking point, you'll be hearing that. steve: mr. president -- >> we did quarantine people. brian: the democratic-controlled house foreign relations committee came out with the conclusion that china and the w.h.o. lied to the world, and they could have stopped the pandemic in wuhan had they acted honestly, openly and can dudley with the rest of the world -- candidly. knowing that president xi called you right around this time, you made the comment, clearly he was lying. how does it feel to be lied to by the president of china, and how -- what kind of costs will he pay with that? you said you haven't spoken to hum since. >> i have not spoken to him since, and we made a great trade deal. we did the biggest corn purchase, the biggest soybean

purchase, the biggest cattle purchase in our history from china. china purchasing from us. but i view it differently. the trade deal's a great cool that we made, but i view it differently. we're taking in tremendous amounts of dollars in tariff riffs. we never took in ten cents under biden and obama. they didn't have a clue, they had no idea what they were doing. we're taking in billions and billions of dollars, and yet i have a whole different feeling on china. it's just a very different -- bruin bruin even that's --ing with measured with that. they really are responsible for the deaths of 200,000 americans. the committees and analysts are saying it could have been stopped in their country. are they going to be allowed to get away with that? >> i say it every time i speak, brian, i'm ang true because they could have stopped this. they could have stopped it easily. they stopped it from going further into their country, but they didn't stop it from going out to the rest of the world, of which we're a part. they didn't stop it from coming

here and europe, 188 countries, to be exact. they did not stop it. countries are devastated. now they're having a big outbreak in europe. they just had a big outbreak and, as you know, you probably saw. different parts of europe. everyone said what a great job they did, and they have a great outbreak. [inaudible conversations] much better than -- brian there's a video, reuters has a video out of china's air force rocketing guam, and that's meant to intimidate taiwan. you just sent somebody there. they had exercises during that period. you know they steamrolled hong kong. they're using this opportunity to take advantage of the distraction. how have you, how are you going to counter something like that? >> well, i won't be telling you that, but they know they've got some big problems, okay? if they play around. if they want to play the game, they've got some big problems. so we'll -- you'll be -- you'll just have to follow that one on the news, brian.

you'll be the first to get there, and you'll probably be the first to know. steve: stay tuned for that. mr. president, you mentioned chris wallace a couple of minutes ago. it's just a week from tomorrow night that chris wallace will be moderating the first debate, you versus joe biden. you'll be on the same stage for the first time. you know, when you look at him as a debate competitor, an opponent, joe biden was on, in the u.s. senate for decades. he debated for a very, very long time. when you look at the vice presidential debate, he and paul ryan, i mean, he was aggressive during much of it, and then at the end the experts said joe biden really did a good job and beat paul ryan hands down. as you look to combating joe biden, what are you thinking? >> well, look, i think he's a professional. i don't know if he's all there. but i think he's a professional.

i have to assume that he's a professional and that he can debate. i don't understand what's going on. he doesn't seem to be answering questions, and he can't answer questions. and much worse a little while ago when he was on the stage with the democrats, he couldn't do well. he did okay with bernie, it was sort of a tie. it was nothing great. i always say it wasn't one son churchill, but it was -- winston the churchill, but it was okay. he was horrible when he was debating the democrats. if you look at pocahontas just destroyed him. and kamala, as we call her, kamala, like a comma, she said, like a comma, she was so horrible to him. she was terrible. what she said to him was terrible. i tell you what, i watched that, and i'm shocked that he picked her because he was so, treated so badly by kamala. and then he picks her. of i don't know how -- plus she

was going way down in the polls, so usually elect somebody that's rising. she was out, she was gone. but there was nobody that treated her, including elizabeth warren, nobody treated him worse than his vice presidential pick. but i have to assume that he's going to do great, because he's been there 47 years, he's been in the public service. a long time. but the one thing i'd also say is he's been there a long time, why didn't he do all the snuff he said he was going to do? oh, gee, i wish we did that. i've done more in 47 months than he's done in 47 years, and that's absolutely true. but why hasn't he done -- you know, he complains. oh, we should have done this, we should have done that. it wasn't like he left 25 years ago. three and a half years ago he was there, and why hasn't he done the same things that i've been doing? and he copied, you know, a bad version, it's a bad copy, but he plagiarized, he copied what we

dud with the pandemic. he comes out with a report, it's everything that we've done. we're working with the great generals and admirals and doctors and everything. but what we're doing is the same things that he said we should be doing, and we are rounding the turn. we are actually rounding the turn. we've done a great job including coming up with thousands of ventilators a month, which are very hard to get and very hard to build and complicated. we're helping other countries. but we've done a job, and and now you really have to see, we'll have to see with the vaccines, but you're going to have vaccines. we already have therapeutics. remremdesivir has been tremendoy successful. we have great, we have great therapeutically it's been incredible, but we have things coming out that are going to be even much better. so we have a lot of great things. we just unleashed the geniuses in the labs and private industry. it's been incredible to watch actually. and you'll see that better in a few weeks. ainsley: mr. president, what do you say about campaigning, raising money?

because the biden campaign has $141 million more dollars, more cash on hand than the trump campaign, and i hear they're running ads in these battleground states constantly. >> well, they've always had more money than the republicans. it's sort of a funny thing. we have a lot. but, you know, we had -- look, when i ran against crooked hillary, id had 25% of the money that she had. and and nobody ever talked about that. so i had a small amount of the money that hillary clinton had. she's still saying what happened. she said the other day, what happened? what happened? darling, does anyone know what happened? she spent all that money, and nobody ever gave me credit. you know, my father taught me if you can do something and win for less, that's a good thing. not a bad thing. brian: right. >> i actually got criticized after i won the election. they said, you know, you didn't have the money, didn't raise as much money as her. yeah, but i won. i know, but -- they actually criticized me, which i've never

figured that one out. brian e brian but you're -- >> i think we're going to do very well. how much money do you need? brian: but you're being outspent 2 to 1, and he's got $100 million more cash. you said you would put your own money in, does that still stand? >> i would do that. well, i already put a lot of money in, yeah, if we needed money, but we don't need money. we have a lot of money too. but, you know, if they picked up because this is a big event, but it's a bug event for republicans. i haven't seen what we've done. i must tell you, you could raise, i could raise so much money if i took one day and just started making phone calls to rich people. but i don't like doing that. i never did -- brian: but you don't have the nra this time. they're only giving you $9 million -- >> they're trying to destroy them, new york state is trying to troy the nra. i told them to move to texas or move to oklahoma or move

someplace where you'd be loved. get out of new york. they're being sued by the attorney general, and it's terrible what they're doing today nra, yeah. no, the nra's given he me their ultimate endorsement, the greatest and strongest endorsement. but they're spending all of their money on fighting the attorney general of new york. they're trying to destroy the nra. and that's a shame, that's a shame. and the reason they're trying to do that is because, you're right, they were a big donor and a big backer, and i think they gave us $35 million, somebody told me, and, you know, right now they're trying to fight for their lives. and i told them, i told them a year ago you ought to just leave. pick up and leave and go to texas or someplace where they want you, florida, space where they want you -- someplace where they want you. they didn't listen to that advice, but they have given me a tremendous endorsement. but, brian, i could get so much money in one day, give me one day and a telephone, i could get all these rich people that i know very well to put up millions of dollars --

brian: why wouldn't you to that? >> i'm then obligated. i don't like being obligated. when i go get the drug companies, asen a example, i'm going to crop medicine -- drop medicine prices down 50, 60, 70% with my favorite nations. nobody else was willing to exercise a favored nations, and i was because i'm not indebted to them. not that i know of anyway, but i'm not indebted to the drug companies. you know, they have, they have such control over politicians, let's be nice, over politicians. i'm sure they gave a lot of money to the democrats. they're the number one in the country, the number one -- the drug companies, big pharma. i could call them. you could get so much money, but then i'm not going to be able to drop your drug prices down 70%. and i'm doing that, and now they put on lies. the only one that lies more are the biden ads. every one is totally false.

they are really, it's called disinformation. they pick -- make up a lie and they do an ad. the drug companies are doing the psalm thing. so so now i'm getting ads all because the drug prices are coming way down. they talk about medicare. it's all coming down because of what i'm doing. you know, germany pays a tiny fraction of what we pay. canada pays much less. many -- every country pays less than us, and what i'm doing is it's a favored nations. we're going to pay the lowest price of new country in the world. that's the price we're paying. it's going to make, it's going to drop prices down 70, 80%. but, you know, for that i get hit. but i could raise all the money i want, i just don't want to be obligated to people. that's not my thing. and we don't need the money. steve: well, we like low prices. but you know that, mr. president. real quick, about tiktok. you know, the administration okay'd the sale because it's a chinese entity, okayed it to be purchased by orr and walmart. oracle and walmart, and you

said that's good because china's not going to have anything to do with it, but apparently byte dance, which is the company in china, they saw they're still going to own 80 percent of tiktok, so there will be chinese involvement. and apparently this morning they told one of the wires that the $5 billion education fund that you spoke of, they've never heard about it. they don't know what that is. so could you just explain for us what's going on? >> yeah. so they will, they will have no, nothing to do with it, and if they do, we just won't make the deal. oracle, larry ellison a great company, great guy, and as you know, walmart is walmart if, it's great. and they have a partnership. they are going to buy it. they're going to have total control over it. they're going to own the controlling interest. everything is going to be moved into a cloud done by oracle, it's all through the cloud. and it's going to be controlled, totally controlled by oracle. and then i guess they're going public, and they're buying out the rest of it, they're buying

out a lot. and if we find that they don't have total control, then we're not going to approve the deal. steve: okay. >> if they do have, it'll be nice to keep the technology. it would also be nice because it's good competitively with others, you know, having the competition for facebook and others would be good. but we will be watching it very closely. on a preliminary basis, we like the fact that these are two great companies that do it. march -- larry will do a good job, and walmart is great, and walmart wants to do something very special. great american companies. but they will have total control and, ultimately, they're taking the rest of it public, and they'll be bringing that number way down. but that number will not have any control. it's all going to be run by walmart and by -- 100% at oracle. but we'll see what happens. if we think there's any control or there's any lack of security, now, when the democrats hear a call like this, they'll say we

don't like the deal. it's going to bring 25,000 jobs, and it's going to be located in texas, and they want -- they look forward to doing it. they're moving it to texas. so they're moving it into our country. i blood like it. but we'll see how it comes out. there's got to be zero security risk. ainsley: thank you so much and accepting our invitation, coming on this morning to talk about this breaking news and the death of ruth baden ginsburg. >> thank you very much. thank you, everybody. steve: good luck in ohio today. ainsley: judge jeanine pirro is going to join us to react to the president's interview, coming up next. so when they got a little surprise... two!? ...they didn't panic. they got a bigger car for their soon-to-be-bigger family. after shopping around for insurance, they called usaa - who helped find the right coverage for them and even some much-needed savings. that was the easy part.

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are you worried about staying sharp and alert? forebrain, from the harvard-educated experts at force factor, contains key ingredients to help boost memory, learning, clarity, focus, and more! rush to walmart and find forebrain, our #1 brain booster, in the vitamin aisle. >> good morning, friends. just moments ago the president making big news he will be announcing his pick for the supreme court friday or saturday this week after services for the late ruth bader ginsburg. reaction to that coming up, plus joe biden and the dnc entering the final very much of the campaign with nearly $500 million cash on hand. what does it mean for the trump campaign and the rnc? ronna mcdaniel is here. we've got a big three hours coming up live from america's newsroom. join us, top of the hour. ♪ >> so last week i was in washington watching griff recap

the president trump interview, and now guess what? givegriff jenkins is live outsie the supreme court with the highlights from the interview, of today's interview. hey, good luck with it. >> reporter: well, brian, let me tell you, the president made it easy, because he made major news with you guys that everyone will be talking about, and that is he gave us the day or days, friday or saturday, when he may be announcing his nomination to replace justice ginsburg. listen. >> i think it'll be on friday or saturday. and we we want to pay respect. we, it looks like, it looks like we will have probably services on thursday or friday, as i understand it. i think in all due respect, we should wait until the services are over for justice ginsburg. >> reporter: the president also calling justice ginsburg a legend and paying his respects. but you also made some nudes in your conversation, guys -- some news when you talked about the

vaccine. we know that he has had operation warp speed moving as fast as the administration can, but what he told you is it could be even as soon as the end of next month. listen. >> long before the the end of the year, maybe, maybe by the end of october. pfizer's doing really well. johnson & johnson has an incredible vaccine that's really doing well. they'll probably be a little bit later. and moderna's doing very well also. and oxford on the other side. one of the reasons we're doing well is because what we did with the fda. normally -- if this were obama and biden, they wouldn't have this vaccine for another two and a half years because they wouldn't have been able to get through the process with the fda. they wouldn't have this vaccine for another two and a half years. >> reporter: and the president on the tiktok-oracle-walmart deal says prelim flowerily, it looks good, but he wants 100

percent guarantee there'll be no security issues. steve: gruff, thank you very much for the steps of the supreme court. now let's dial in judge jeanine pirro author of a book that comes out tomorrow, it's called "don't lie to me: exposing the radical left's assault on liberty." officially on sale today, they'll deliver tomorrow. judge, this is in your department. you're in the judge department, so as we look to filling the vacancy on the supreme court, over the last couple of days, what has been your observation about what you have observed politically? >> you know, my observation over the last few days has been how far the left will go to grab power, raw political power. and i think that it's ad is sad commentary because being a judge is supposed to be an exalted position where you reach the citadel of the practice of law.

and they're bringing it down to dirty, raw politics, the politics of power. they're looking to defeat your vote. remember, we won the senate last time, we added four seats to the senate after kavanaugh, and they want to dilute any appointment the president makes by packing the court. indiana auction as a woman, what was your reaction when you learned of her death, and who do you want him to put in that seat? >> as a woman, i couldn't help but recognize the enormous contribution that the justice ruth bader ginsburg made. no one can take from her the impact that she has had. she was an activist judge though, and i think that that was proved in the lily ledbetter case where she made e a decision based not on law and precedent, but on her own moral core and then worked with obama to get the law a passed in congress

which is the essence of, you know, activism, that they had to make her decision a law. but at the same time, i believe that this is an opportunity for the president to do what the people elected him to do, and that is to put a person on the court who is a strict constructionallist -- constructionist, originalist, someone who sees the constitution as the document that is to be interpreted based upon the words and not what we think the constitution should mean. brian: so let's talk about -- >> and in terms of -- yeah. brian: i'm sorry. >> i'm sorry. brian: i just wanted to know about your -- >> okay. i just want to say one more thing though. brian: please. go. >> look, he's going to appoint a woman, and whatever woman that is, whichever one it is, she's going to have to have the mettle to be able to withstand the a

assault that she has never experienced in her lifetime. she's got to be tough, dug in and ready for war. as it relates to my book, my book is about what's happening in the world, in the united states today. it's about how they will lie to try to stop you from doing what they don't want you to to do. and the lies have started from the day the president came down that, those stairs at trump tower, the escalate or. and right now what we're dealing with is a lefts that is lying about the pandemic, they're lying about the protests. they're now going to create another hissy fit over the fact that the president has a constitutional obligation to appoint, the senate is going to hear what evidence there is regarding the appropriateness of this candidate. and in the end, this is about following the constitution. and my book is about following the truth. we put light on the lies so that we can see the truth.

don't lie to me is the third in the trilogy of books that i've written since the president was elected, and it's full of footnotes. if you want to have disagreement with a friend, go right to the footnotes. it's all truth and facts. steve: fantastic. all right. available right now. they'll deliver it to you right now. it's called "don't lie to me." judge jeanine pirro -- ainsley: congratulations. >> thanks. great to be with you. steve: all right. we're going to step away. more "fox & friends" in just a couple. life doesn't stop for a cold. [man] honey... [woman] honey that's why there's new dayquil severe honey. it's maximum strength cold and flu medicine with soothing honey-licious taste. dayquil honey. the daytime coughing, aching, stuffy head, fever, power through your day medicine. teeth sensitivity as well as gum issues. does it worry me? absolutely. sensodyne sensitivity & gum

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>> thank you so much for joining us. we'll see you tomorrow. >> so long. >> sandra: fox news alert. president trump says that he is likely to name a replacement for the late justice ruth bader ginsburg this friday or saturday with five names currently under consideration. the debate in the supreme court seat looms large over the capitol and the election. i'm sandra smith. >> trace: good morning, everyone. i'm trace gallagher. the candidates hitting battleground states. joe biden to wisconsin, president trump to ohio. the focus is on who should replace one of the court's strongest liberal voices. president trump said he will nominate a woman to