>> thank you for watching. i'll be on "outnumbered" later and on the radio show coming up straight ahead. brit hume, doug collins, alan west and matt gaetz. >> trace: a showdown over a supreme court seat looming in washington as president trump and republicans race to nominate and confirm a replacement for justice ruth bader ginsburg before the election. now just six weeks away. good morning, everyone, i'm trace gallagher. julie, good morning. >> julie: i'm julie banderas, sandra is off. president trump is heading to battleground pennsylvania campaigning outside pittsburgh. joe biden will be in wilmington, delaware after a trip to wisconsin where he did not mention the vacancy left by the death of justice ginsburg. president trump says he is narrowing down a list of women

to nominate and senator lindsey graham says republicans now have the votes to confirm a nominee before the november election. >> president trump: i will soon announce a nominee for the united states supreme court. we will fill that seat. >> some of the same individuals who tried every conceivable dirty trick to obstruct justice gorsuch and justice kavanaugh are lining up -- lining up to proclaim the third time will be the charm. >> this election and this vacancy mean everything. leader mcconnell and the republican senate majority have no right to fill it. >> we've got the votes to confirm justice ginsburg replacement before the election. we're going to move forward in the committee and report the nomination out of the committee to the floor of the united states senate so we can vote before the election. >> julie: john roberts is live on the north lawn.

what's the white house saying in terms of timing of the nomination? >> trace and julie, good morning. with lindsey graham saying there are enough votes to confirm a nomination the question becomes all about timing. is there enough time between now and november 3 for the president to announce his nominee, for there to be visits with senators on the hill, for there to be hearings in the committee, for there to be a vote in the committee and vote in the full senate? president trump and his allies in the senate believe there is enough time. colorado senator cory gardner, by the way, was the republican who gave enough votes for the confirmation to go through in a statement saying should a qualified nominee be put forward i'll vote to confirm. that means republicans can afford to lose mitt romney on top of susan collins and lisa murcowski and have the votes to get it through. in ohio last night president trump moving to turn a threat from democrats to impeach him to his advantage.

>> president trump: i say well, i'm the only guy in the world that could get impeached for trying to fill a seat in the supreme court. so we'll put up a nominee who is going to be outstanding. we are looking at five incredible jurists. women who are extraordinary in every way. >> president trump met with one of the candidates judge amy comey barrett at the white house yesterday. she is widely considered at this point to be the frontrunner to fill the seat. barbara lagoa is said by sources close to the white house to still be in the running of cuban descent from miami. some concern among conservatives that her confirmation vote for the circuit court of 80 to 15 showed too much bipartisan approval raising concerns she might be too moderate. the president saying he would likely meet with lagoa at some

point this week and alison rushing the fourth circuit court of appeals is a favorite among evangelicals. a large group were on a conference call yesterday during which strong support was voiced for rushing who herself is an evangelical. does the president have the time? justice john paul stevens in 1975 set the record for confirmation. 19 days from nomination to confirmation. justice john roberts the chief justice of the united states was 24 days. in 2005. sandra day o'connor 33 days in 1981. so the precedent is there. though none of those were right before an election. president trump is in moon township, pennsylvania tonight with an event at the pittsburgh international airport. hillary clinton won allegany county by 16 points but president trump won the count eels around there. he is hoping for a repeat so he can take pennsylvania.

joe biden will be making finance calls in delaware. they're well above the trump campaign in terms of cash on hand. joe biden will be adding to that all during the day today. >> julie: lots of money out there. thank you so much, john roberts. trace. >> trace: for more on this let's bring in guy benson, political editor at town hall.com, fox news contributor and host of the guy benson show. he said this to a wisconsin television station it's a legitimate question but let me tell you why i'm not going to answer that question because it will shift all the focus. that's what he wants. he being the president. he never wants to talk about the issues at hand. he always tries to change the subject. at last check, guy, the supreme court is the issue at hand. >> yes, it is the subject at hand. supreme court vacancy close to an election with an opportunity to shift the ideological makeup of the court. it is very much the topic of

the day in politics. and i believe the question that he was ducking there had to do with court packing. this new threat from democrats although it's not that new. they've been making it since before this vacancy arose. if they were to take full control of the government next year, they would potentially add seats to the united states supreme court as a way of retribution against republicans. joe biden last year running for president said he was against that. he said it could escalate yet again where democrats would add three and republicans would come back and add three seats. we get into a crazy banana republic situation where the court has no legitimacy. he rejected it then. it doesn't seem to me for him to reiterate something he said as a presidential candidate in this presidential cycle. i think he should. here is why. part of the big argument, trace, that joe biden is making to voters particularly to

moderate voters and even some trump hostile republican voters, he is saying we need my presidency to bring us back from the brink, to return us to normalcy in america. and i can do that, donald trump cannot. if that's true, if he is truly the restorer of normal si, it should be pretty easy for him to say no, we're not going to add states, we're not going to add seats to the supreme court. we'll play by the long-established norms, republicans filling this seat would align with historical norms and that's what we would do if i were president. he should come out and say that or else his whole normalcy argument is really seriously weakened. >> trace: he is not saying anything. not talking about court packing or republicans going forward with the supreme court nomination. he won't even put forward his top picks for the supreme court which some people think -- this is all going to come up during

the debate. why not just get ahead of it now and start bringing it up? >> it's a very good question. the whole list issue is something, of course, that benefited president trump in 2016 when he was trying to win over some conservatives and prove to them and reassure them he would be solid on the issue. he has been very solid on that issue. joe biden is under pressure to say here is my relatively short person. the type of person i might try to elevate for this vacancy or the next one should someone retire or step away from the court. what his supporters are saying is he has a long enough track record we know what kind of judges that he might put on there. but again, trace, to your point, if all of a sudden there will be three head-to-head match-ups with donald trump, chris wallace moderating the first one and joe biden's answer on some of these really especially to someone like me extremely pressing questions, are the democrats going to go completely off the deep end

into wild-eyed radical territory like court packing if he were president. for him to say no comment, let's focus on real issues. that is not going to fly. >> trace: you would think he would put forward a couple of potential nominees to give us an idea of where he is coming from and his perspective. i'll move on to the absentee ballots in wisconsin. federal judge ruled the ballots can be counted six days after the election, up to six days after the election as long as being postmarked by election day. president trump won wisconsin in 2016 by 23,000 votes. less than 1%. let's put these up the real clear politics averages now. joe biden so far pretty substantial lead up by almost 7, 6.3 over there. so what do you think about the decision by the judge? by the way, he has decided to put this -- holding the decision for seven days because he knows it will be appealed. go ahead. >> well, i think that the

american people need to be prepared for a very serious possibility that we will have absolutely no idea who won this election on election night. if joe biden is up by the margins that the polls say it should be probably pretty clear he is the winner. but if the polls are wrong in some key states, which is what we saw last time, there will be a lot of uncertainty. if there are days for ballots still to come in and be counted the process could stretch out. if someone who is in the lead on election night and falls behind, a lot of people yelling and screaming about the legitimacy of what happened and asking questions. i really think with a lot of states putting a heavier emphasis on mail-in ballot and democrats making a big issue of it, there could be a very ugly mess in november. i hope that isn't the case. even some indications in places like new york and primaries a few months ago ended up taking weeks to resolve. this country has gone through a lot this year. that type of scenario god

forbid. >> trace: we should not republicans said they'll appeal it all the way to the supreme court. guy benson, great conversation, thank you, sir. >> julie: two people from virginia armed with a gun, 200 rounds of ammunition and shovels were arrested in lake township, ohio yesterday as president trump prepared to hold his rally nearby. police say they found the pair walking along railroad tracks behind an airport. they face a string of charges including making terrorist threats. it is unclear if the two were targeting the president's event. the f.b.i. is in charge of the investigation. >> trace: wildfires up west picking up in northern california where air quality is getting worse. california's largest fire continues to do damage scorching close to a million acres. this is how it looks across the west. fires burning in all states in the region except arizona.

at least at the moment. wildfires burning more than 3 1/2 million acres so far this year. worst of the fire season still to come. >> julie: tropical storm beta hit the coast last night with galveston and houston, it is expected to dump 20 inches of rain causing major flooding concerns in texas and louisiana. nearly 11 million people are currently under flash flood warnings right now. >> so far we've seen roadway damage, flooded cars, not so much in terms of structure flooding. of course we still have a long way to go with this storm. >> the most flooding we've seen in about 10 years. it's right after ike. >> we'll be in recovery mode for weeks and months. probably years. >> julie: casey stiegel is live on the ground in galveston, texas. good morning. >> good morning.

parts of downtown galveston are under water now from the heavy rain falls you just heard about falling from tropical storm beta. the water has come up past the curb here and then back here sandbags have been lined up against the edge of this cafe with hopes of keeping the water out. as we go further down the road you can see just how far down it goes where you have blockades set up. in the houston metro area this flash flooding is making for very tricky commutes in house ton. one of the nation's largest cities. flash flooding has closed some roadways down. first responders say more than 20 high water rescues have been carried out. emergency officials say just because beta is not a hurricane doesn't mean folks should take it lightly. >> tropical storm just that but still has dangerous conditions and you never know when things can change. anybody driving, they need to stay home.

>> the storm did make landfall around 10:00 last night. forecasters say it will take a hard right turn weakening as it moves up the texas coast today becoming a tropical depression and dumping rain on southwest louisiana. that as we know the last thing people in southwest louisiana need, as many of them as you heard from the mayor talking about they are still trying to recover and pick up the pieces from hurricane laura hitting just a few weeks ago. >> julie: casey stiegel in galveston. thank you. >> trace: president trump set to address the u.n. general assembly moments if now. the strong message he plans to send to china as he continues his campaign. plus justice ginsburg's death setting up a confirmation battle in washington just six weeks before the presidential election. why the race to fill her seat is just beginning and in florida, governor desantis proposing a way to stop riots

and looting in his state. the stark warning to city officials that comes with it. >> any municipality defunds the police like cutting off your nose to spite your face. if you do that the state government will defund you. we won't send you money if you're doing things like that. stay restless with the icon that does the same. the rx, crafted by lexus. lease the 2020 rx 350 for $409 a month for 36 months. experience amazing at your lexus dealer.

>> trace: florida governor ron desantis has proposed a new law to keep protests out. >> in portland they'll arrest them. scraggly antifa types, mug shot taken and get released. it is like a carousel. on and on it goes. that is not going to happen here in florida. if you are involved in a violent or disorderly assembly and you harm somebody, if you throw a brick and hit a police officer, you are going to jail. >> trace: it would impose a six month jail sentence on anyone convicted of throwing objects at police or causes injury to a person or damages public property during a protest will be charged with third degree felonies and it would withhold state funding to any municipality that tries to defund the police. desantis says the new law will be considered during the

state's next legislative session in march. >> julie: the supreme court vacancy taking center stage in the race for the white house. exit polls from 2016 show more than a quarter of trump voters said the supreme court was the most important factor in their decision to support him. could a confirmation battle over justice ginsburg's replacement help the president in november? let's bring in marc thiessen and fox news contributor. good to see you. the president is obviously trying to do many things here. he wants to quickly nominate somebody. he has five women at the top of his list. he knows joe biden right now is surging in the polls. not only in make or break states but nationally. could this be the force that sends the president back to the oval office if he gets this nomination pushed through? >> absolutely 100%. just watch biden's actions. see not talking about it. avoiding the topic because he

knows if he thought this was a good issue for him he would be talking about it all the time. he gave a major speech yesterday and didn't mention it. asked about his supreme court nominees, who they would be he said that i don't want to let trump change the subject. sorry, this is the subject. if he thought it would help him he would embrace it. in 2016 donald trump won voters who said that the supreme court was their number one issue by about 15 points. you pointed out 26% of trump voters said it was the top issue for them and only 18% of clinton voters. and that is because of donald trump's success. 200 lower court appointees and now with ginsburg's passing it has become a central issue in the campaign. >> julie: we're days away from the first presidential debate and joe biden in wisconsin talking but doesn't mention the ginsburg issue. this is going to be at the forefront of this upcoming

debate. why would joe biden not go ahead and say that he has a list he is working on. i would imagine he is if he thinks he has a chance of winning the white house and believes he should be the next president that nominates the next supreme court justice. why wouldn't he make the forefront of his campaign right now? >> because it's a losing issue for him. the list is toxic to the american people and particularly this is a big issue for a lot of reluctant trump voters. a lot of people in 2016 voted for donald trump just because of the supreme court. they choked down their bile and didn't like him. the supreme court was so important they voted for him. some of those were shifting toward biden this year. now this is going to push them back towards trump and it is one he doesn't want to put out the list because it will be so extreme it will push the voters away but doesn't want to answer questions about court packing. that will motivate a lot of people. the idea the democrats -- if joe biden gets elected here is what's going to happen.

they'll get rid of the filibuster in the united states senate and pack the supreme court. they were planning to do it before ginsburg died. they sent a letter to the supreme court threatening to reform it if it didn't change the way they were voting. they've already been threatening it. not only that they will not just pack the supreme court but all the lower courts. they will undo neutralize donald trump's 200 judicial nominations. they will restore liberal majorities on the lower court. this is literally the -- joe biden can't get through this election without answering the question will you support eliminating the filibuster? are you going to allow the democrats the pack the court? >> julie: he will be asked by chris wallace all of those questions. he will have to talk about it at some point or another. it would be great if he got that rehearsal done at the speaking engagements before he has to face chris wallace. i hope he is practicing for his own sake. let's say hypothetically here. i like them. if there is a biden victory and

republicans lose the senate, you can obviously -- you will expect democrats to take drastic measures including eliminating the filibuster. that's just the beginning. pass legislation on voting, and tax reform and what would have been unthinkable several months ago they could pass legislation to restructure the federal courts. so while this strategy may get an additional conservative on the court for the gop, is it worth the risk of their plan backfiring? >> first of all the democrats were going to pack the courts and get rid of the filibuster before ginsburg. they will do it anyway. get a conservative on the court. you raise an important issue. once they get rid of the filibuster, if biden wins, he is not going to get a 60 vote majority. the only check on absolute power in a dictatorship on the left is the senate minority and the ability to filibuster. they'll get rid of that and

unleash medicare for all and the rest of it. that's only the beginning. they'll pack the courts, as i said. pack the senate. they'll add two to four democratic seats by admitting district of columbia and puerto rico. pack the house in the electoral college. they can expand the number of seats in the house populist blue states and the electoral college will have more blue electors. what they can do by getting rid of the filibuster is cement their control over all three branches of government and make it almost impossible for republicans to take back the house, take back the senate and the white house. >> julie: we'll have to wait and see. looking forward to that debate. i cannot wait. all right. marc thiessen, thank you so much. >> trace: president trump making his case to quickly fill the late justice ruth bader ginsburg supreme court seat. >> president trump: if joe biden and the democrats take power, they will pack the supreme court with far left

radicals who will unilaterally transform american society far beyond recognition. >> trace: as the growing number of democrats threaten to pack the supreme court, more on this ahead. a new study making the decision to reopen schools during the pandemic more challenging. what it reveals about school employees. that's next.

>> julie: time for top stories. president trump plans to announce his supreme court nominee on friday or saturday this week after services of the service for ruth bader ginsburg. >> trace: tropical storm beta making landfall overnight slamming the texas coastline with strong winds and heavy rain. flooding is already affecting the houston area and beta is expected to bring over 20 inches of rain to texas and louisiana. >> julie: the u.s. is nearing 200,000 deaths from covid-19 with virginia and west virginia reporting the highest daily death toll monday. the u.s. reported 52,000 new cases monday according to data from johns hopkins university. >> trace: the cdc taking down its new guidance warning about transmission of the coronavirus that suggested the virus can spread through the air and travel beyond six feet. the health agency says the

update was just a draft and was posted by mistake. steve harrigan is live for us in atlanta. steve, what exactly happened at the cdc in regards to how the virus is spread by aerosol? >> it was another flat out reversal by the cdc. friday they posted basic information on their website. this is how the virus spreads through aerosols, tiny droplets that can stay in the air for hours. on monday they pulled the post. if aerosols are the way this virus does spread it could have huge implications. here is dr. siegel. >> it's more than just coughing and sneezing. it is more than just shouting, it may be that you could get it in a room with poor ventilation if you are in an area where somebody was a short time earlier and spread it in that area. the key being poor ventilation. >> the latest reversal is just

another hit to the cdc's credibility, trace. >> trace: today is the first day of fall. cdc is issuing guidance for halloween. different this year. >> first time ever cdc weighing in on halloween. they say it is too risky to do door-to-door trick-or-treating. they've also given warnings about costumes saying a mask on a costume doesn't replace the cloth mask. warning children not to wear both masks as well saying it could make it tough to breathe. >> trace: home to the cdc live from atlanta. >> julie: british prime minister boris johnson announcing sweeping new restrictions in england as covid-19 cases rise and threaten to spread faster this winter. >> while we might have driven the virus into retreat, the prospect of a second wave was real. i'm sorry to say that as in spain and france and many other

countries, we've reached a perilous turning point. >> julie: bars, pubs and restaurants in england are ordered to close at 10:00 p.m. and people are being told to work from home if they can. the new measures are likely to last for the next six months. >> trace: senate judiciary committee chairman lindsey graham blasting democrats on the committee for how they are responding to the president's decision to nominate a replacement for justice ginsburg on the supreme court and how he is moving forward with the confirmation process. carrie severino is from the judicial crisis network. great to see you. i'm curious. lindsey graham had said he would not support a supreme court nominee in an election here and sent the letter to democratic members of the senate judiciary committee and he said the following. compare the treatment of robert moore, clarence thomas, samuel alito and clear there is one

set of rules for a republic president and another set for democratic president. it is important we proceed expeditiously to process any nomination made by president trump to fill this vacancyment i'm certain if the shoe were on the other foot you would do the same. your thoughts on that, carey? >> yeah, we don't have to wonder whether the shoe was on the other foot would do the same thing. we had people like joe biden and chuck schumer saying they've got two different positions on this. the kavanaugh confirmation is when lindsey graham got woke on this idea. someone tried to reach across the aisle so many times. talked about during the kavanaugh hearing he voted for sotomayor and kagan. the democrats were doing vicious smear campaigns against republican nominees. there is ample time to do this. if we want to go back to the

more peaceful era of nominations sandra day o'connor, 33 days to confirmation. justice ginsburg. 42 days. stevens, 32 days. when the white house and senate in the same year it has gotten done. >> trace: brit hume was on shannon bream's show last night and asked about character assassination. >> maybe some of these nominees decide the take a pass. listen to him and i'll get your response. >> the character assassination we saw visited on robert bork and clarence thomas to a greater extent and more recently to a horrible extent toward brett kavanaugh is something that any person in his right mind would fear. it might be something you don't want to run that gauntlet. >> it is hard to imagine barrett would take a pass. >> i think it's part of the

reason the democrats do this. a campaign of intimidation not only against the current nominee but any future nominee. anyone who watched the kavanaugh confirmation said do i want that coming my way? good news is one of the things that trump has screened for on his list is people of courage. the women he is looking at already have courage. you saw that in amy comey barrett's first confirmation hearing. a lot of his nominees have endured that on anti-catholicism and religious tests for office. lagoa had -- these women are strong with a backbone of steel and able to stand up to it. we shouldn't people to have to run that gauntlet to serve their country. >> trace: the whole question of joe biden not putting up a list of nominees potential people

even, just leaving the whole subject alone. the president said this and i'll get your response. watch. >> president trump: they don't want to show the judges because the only ones that he can put in are far left radicals. and if he does something even toward left of center, which would be acceptable, i guess, we have no choice. if he did that, he would lose the left. so he is going to have to put in radicals. so he doesn't want to show who his judges are. >> trace: final thoughts. he has to put it up at some point. >> i would think so. people on the right and left are calling for it. the american people want that transparency. he is trying to play the moderate but also appease the most radical edges of his base. i don't think the american people want to see judges like they're calling for that would be activists on the court. she want people who will be faithful to the constitution and rule of law. what are you riding, joe? let's see if they'll be

constitutionalists. >> trace: thank you for coming on. >> julie: president trump set the address the u.n. general assembly in a pre-recorded speech coming up moments from now. a preview of what he is expected to say straight ahead. plus this. [shouting] >> julie: protests erupting across major u.s. cities in recent months. some agitators harassing innocent bystanders. could the unrest be moving into the suburbs? we have juan williams weighing in next.

i want to make it absolutely clear. rioting is not protesting. looting is not protesting. it's lawlessness, plain and simple. and those who do it should be prosecuted. fires are burning, and we have a president who fans the flames. he can't stop the violence because for years he's fomented it. but his failure to call on his own supporters to stop acting as an armed militia in this country shows how weak he is. violence will not bring change, it will only bring destruction. it's wrong in every way. if i were president, my language would be less divisive. i'd be looking to lower the temperature in this country, not raise it. donald trump is determined to instill fear in america because donald trump adds fuel to every fire.

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confronting people at outdoor restaurants, even showing up at their homes and homes of mayors and lawmakers. juan williams joins us now, fox news political analyst and co-host of the five. great to see you, juan. we've been talking for months now cities all over the country being torn apart by protestors sparked by the black lives matter movement. there is a shift of protestors against police brutality becoming increasingly aggressive in the suburbs. why now the suburbs? why not then, why now? people screaming at people with an american flag in the front yard. where is this going? >> i think the country is on edge in so many ways because extremists on both ends i think are anxious for confrontation in a way that i find very troubling, julie. what we are reading this morning is some of these protests are in the suburbs. i think people everywhere have a right to protest. it is just when you bring it into residential areas and then demand that people join you or

that flying the flag is somehow antithetical to the ten either of black lives matter you are provoking something. the other side of this is you have trump supporters who go on cruises not only in residential areas but into cities and directly into black lives matter-type protests intending to provoke people, firing paint guns and shouting at them. so this is a really combustible situation. it is not good. >> julie: these protests in a way are much more personal at the door steps of people's homes. let alone lawmakers. innocent civilians at home and being attacked for not participating. in portland, in fact, they're nofg to residential and largely white neighborhoods where demonstrators are shouting through bull horns for people to come out of their homes to demonstrate their support or giving them the fist if they don't. are police getting the proper backing in the suburbs before this gets out of control the way it has in cities across the

country. >> i think don't it's spun out of control. you have police in all these places. >> julie: the cities have been set on fire. i would say that was -- >> 90 plus% of these demonstrations have been people. the point you're making and i accept there are instances where things have gotten out of control and there is violence. no question. but i think people can accept that. in response to your question about the police. the police have support in the cities and suburbs to control this. the bigger issue at the moment is voting. we just had a situation in virginia where as people are lined up for early voting you have trump supporters coming out and screaming and antagonizing and the voter registrars and controllers having to open doors in the back. you can't interfere with voting. that's a real issue. i don't think you want to intimidate people in their residence in the cities or suburbs. i think things are on edge.

i think we all have to take a step back. >> julie: yeah. everybody needs to take a step back and breathe. unfortunately that's not where this movement is headed. you just had the president declare three cities anarchist cities that could lose federal funding because of the protests going on for months. tactics are -- the confrontational approach may turn off people and may play into conservative critique of the protests that are mostly non-violent but ugly and in many cases violent. where does it go heading into the election? do these protests stop after election day? do they want to see joe biden and once he gets elected this is all over? because if you believe that you have to be kidding. this is nowhere near over. >> two things to say. one thing to say is protest is american. that's in our constitution. you have a right to raise your

voice and mr. smith goes to washington and all the rest. you've said and i've said most of the protests have been peaceful. the reality is that protest is likely to continue because we are involved with an effort here in terms of black lives matter to produce police reforms in the country. and it is overwhelming the american people agree we need police reform. so if that's the matter i think you can anticipate that they will be continuing protests and people raising their voices. i think what we're concerned about is violence. we hope that stops now. nobody wants that. >> julie: all right, juan williams, thank you so much. >> you're welcome. good to see you. >> trace: breaking news, we have just learned that president trump will announce his supreme court nominee on saturday this week. we've been telling you all week that the justice ruth bader ginsburg will lie in repose at the supreme court tomorrow and thursday. she will have -- viewers will

be able to go by and pay their tributes and respects to her and then on friday she will lie in state at the capitol and now we have learned that president trump will make his nomination on saturday. that will be covered, of course, in full on fox news. ♪ ♪ it's official: national coffee day is now national dunkin' day! celebrate with a free medium hot or iced coffee with any purchase on september 29th.

>> trace: president trump says he plans to send a strong message to china in his pre-recorded address to the united nations moments if now. the general assembly is meeting virtually this year because of the pandemic. let's get to eric shawn, live at the united nations. a different type of u.n. debate this year. >> that it is, trace. the coronavirus is exactly the type of global threat the

united nations was created in part to face and try to defeat. of course, this year it has totally crippled this gathering of world leaders. take a look inside. usually you've got tons of motor kaids and security. those are absent this year. the hallways bustling with diplomats scurrying about and they're abandoned and the meeting rooms, those are totally quiet. the speeches this year on videotape, the president is expected to last about half an hour. we expect to have that momentarily. he will go after china hard and the coronavirus calling it the china virus. telling that to the world leaders. he will blame china and the world health organization for causing this pandemic saying that they at first said there was no human-to-human transmission of the virus, not true. people without symptoms could not spread it. that is not true. also note that china stopped its domestic flights but still

left the international flights leave that helped spread the virus around the globe and address the threat of iran and snapback sanctions, some of those issues other members of the security council have resisted and pushed back against and he will also likely praise and boast about the trump administration peace efforts in the middle east. specifically the uae and bahrain establishing diplomatic ties with israel. >> the president needs to lay out what is american foreign policy and why is it in the best interests of international peace and security and why sometimes america has to go it alone when we see a u.n. that is increasingly corrupt and controlled by countries like china and russia. >> they've had some speeches and technical difficulties. the brazilian president didn't have translation. after the president's tape is run we'll also hear a tape from

chinese president xi, vladimir putin of russia and later on rohany of iran. statements but no discussions today. >> trace: the president's speech moments away. eric, back to you. >> julie: fox news alert as we await what is being described as a strong message from president trump when his pre-recorded address to the united nations starts any moment from now. we'll have it for you. plus protestors surrounding the homes of senator lindsey graham and mitch mcconnell as republicans race to nominate and confirm a new supreme court justice before election day. a live report on those demonstrations coming up next. little things can become your big moment. that's why there's otezla. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable.

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>> trace: breaking news, u.s. ambassador to the u.n. kelly craft is introducing president trump. he will issue a pre-recorded message that we expect to last about 30 minutes or so.

he is not at the u.n. very people are at the u.n. because of coronavirus obligations. we should note that the president intends to go very hard after china. he is also going to hit iran and talk about some of the deals made in the middle east including the normalization of relations between bahrain and israel and israel and the united arab emirates. we'll have the president -- while kelly craft is introducing the president here, we also want to bring you this breaking news because we just found out moments ago that utah senator mitt romney says that he will support the president as far as nominating a supreme court justice, which is not to say that mitt romney has said that he will vote for the president. at least not the way i interpret that and matt if you are hearing differently please tell me. not saying he will support the president's nominee. the fact is that he will support the president's right

to nominate a supreme court justice. keep in mind the math here is very critical because let's listen to mitt romney. >> the constitution and precedent as i've studied it and make the decision on that basis. >> you said that in your release that you would look at the qualifications. what qualifications are you looking for. what would make you not consider voting? >> the qualifications you look for, someone who is an expert in the law. someone who has a record of fairness and judgment that you think is consistent with the law. i prefer choosing those folks who are if you will strict constructionists. they look at the law itself and the constitution as opposed to sort of looking into the sky and pulling out ideas that they think more appropriate than either the law or the constitution. i recognize that we may have a

court which has more of a conservative bent than it has had over the last few decades but my liberal friends have over many decades gotten used to the idea of having a liberal court and that's not written in the stars. and i know a lot of people are saying gosh, we don't want that change. i understand the energy associated with that perspective. but it is also appropriate for a nation, which is center right to have a court which reflects center right points of view, which again are not changing the law from what it states but instead following the law and following the constitution. >> senator romney you know the supreme court nominations take some time and there isn't a lot of time before the election. would you support a lame duck vote if democrats win the majority? >> i'm not going to look at all the hypotheticals that might occur. i've laid out what i intend to do. that would be dependent -- not dependent upon the timing. i don't know whether the decision will be made before or

after the election meaning the final vote will be before or after the election. >> would you be all right if the final vote was before the election? >> my statement applies to the current circumstance which means the timing will be decided by the judiciary committee and majority leader as to when it gets to the floor. >> if biden wins you would be okay with a vote -- >> i won't get into the particulars. >> trace: senator mitt romney he will support the president's ability to support a supreme court nominee and would support a constructionist, originalist. bases their decision based on the constitution and not an interpretation of the constitution. from mitt romney now to president trump speaking to the u.n. on videotape. >> while allowing flights to leave china and infect the world. china condemned my travel ban on their country even as they canceled domestic flights and locked citizens in their homes.

the chinese government and the world health organization, which is virtually controlled by china, falsely declared that there was no evidence of human-to-human transmission. later they falsely said people without symptoms would not spread the disease. the united nations must hold china accountable for their actions. in addition, every year china dumps millions and millions of tons of plastic and trash into the oceans. over fishes other country's waters, destroys vast swaths of corral reef and emits more toxic mercury into the atmosphere than any country anywhere in the world. china's carbon emissions are nearly twice what the u.s. has and it's rising fast. by contrast, after i withdrew from the one-sided paris climate accord, last year america reduced its carbon emissions by more than any country in the agreement.

those who attack america's exceptional environmental record while ignoring china's pollution aren't interested in the environment, they only want to punish america and i won't stand for it. if the united nations is to be an effective organization it must focus on the real problems of the world. this includes terrorism, the oppression of women, forced labor, drug trafficking, human and sex trafficking, religious persecution, and the ethnic cleansing of religious minorities. america will always be a leader in human rights. my administration is advancing religious liberty, opportunity for women, the decriminalization of homosexuality. combating human trafficking and protecting unborn children. we also know that american prosperity is the bedrock of freedom and security all over the world.

in three short years we've built the greatest economy in history and we are quickly doing it again. our military has increased substantially in size. we spent 2.5 trillion over the last four years on our military. we have the most powerful military anywhere in the world and it is not even close. we stood up to decades of china's trade abuses. we revitalized the nato alliance where other countries are now paying a much more fair share. we forged historic partnerships with mexico, guatemala, honduras and el salvador to stop human smuggling. we're standing with the people of cuba, nicaragua and venezuela in their righteous struggle for freedom. we withdrew from the terrible iran nuclear deal and imposed crippling sanctions on the world's leading state sponsor of terror. we obliterated the isis caliphate 100%, killed its

founder and leader, and eliminated the world's top terrorist. soleimani. this month we had a peace deal between kosovo and serbia. two peace deals in the middle east after decades of no progress. israel, united arab emirates and bahrain signed a historic peace agreement in the white house with many other middle eastern countries to come. they're coming fast and they know it's great for them and for the world. these groundbreaking peace deals are the dawn of the new middle east. by taking a different approach we have achieved different outcomes, far superior outcomes. we took an approach and the approach worked. we intend to deliver more peace agreements shortly and i have never been more optimistic for the future of the region. there is no blood in the sand. those days are hopefully over. as we speak, the united states

is also working to end the war in afghanistan and we are bringing our troops home. america is fulfilling our destiny as peacemaker but it is peace through strength. we are stronger now than ever before. our weapons are at an advanced level like we've never had before. like frankly we've never even thought of having before. and i only pray to god that we never have to use them. for decades the same tired voices proposed the same failed solutions pursuing global ambitions at the expense of their own people. but only when you take care of your own citizens will you find a true basis for cooperation. as president, i have rejected the failed approaches of the past and i am proudly putting america first just as you should be putting your countries first. that's okay. that's what you should be doing. i am supremely confident that next year, when we gather in

person, we will be in the midst of one of the greatest years in our history and frankly, hopefully in the history of the world. thank you, god bless you all, god bless america, and god bless the united nations. >> trace: there you have president trump addressing the united nations there. the speech was six or seven minutes. he went hard after china. not only are they cheating in the intellectual property but polluting the oceans and polluting the air. china needs to rein things in. president xi and president trump a couple years ago had a working relationship. the president invited president xi to florida for conversations there and said they had a great relationship and then, of course, he has now changed which is position on china. the breaking news we covered working on mitt romney the senator from utah has come out

saying he will support the president nominating a supreme court nominee before the election and i want to bring in chad pergram live for us on capitol hill and chad, what can you tell us more about what mitt romney is saying? >> mitt romney was the one republican senator who was in play. what this means now are with mitt romney giving the green light, we might not know the nominee but we know they appear to have the votes. 51 votes is going to be key here. when you had susan collins of maine and also lisa murcowski over the weekend it took the republicans down from 53 to 51. you had cory gardner, republican of colorado who faces a competitive reelection bid this fall and chuck grassley the former chair of the judiciary committee were okay going ahead. joni ernst, republican from iowa who faces a competitive reelection bid she put out a piece of paper yesterday saying

okay. vague. she didn't say she was completely on board but implied. mitt romney came out this morning and there was a lot of pressure being put on him. keep in mind he sometimes bucks the party. don't forget that he voted to convict president trump on one article of impeachment in the trial back in february. but this morning he said they should go ahead. listen. >> when there is a nominee of a party that is in the same party as the senate, then typically they do confirm. so the garland decision was consistent with that and the decision to proceed now with the president trump's nominee is also consistent with history. i came down on the side of the constitution and precedent as i've studied it and make the decision on that basis. >> even if you were to get down to a 50/50 vote in the senate, a tie vote by rule loses, you could bring in vice president pence to break a tie that has never happened on a supreme court justice here. but that's why we think

regardless who the nominee is, that they appear to have the votes. the other big question, of course, is the who. the president tweeted just about 15 or 20 minutes ago that he would formally make the announcement at a time to be determined on saturday. this will be at the white house on saturday. and again this will set everything into motion as to what the timetable is to consider the nominee. now mark meadows, the white house chief of staff, he kind of hinted today it could be before the election or after the election but he would leave that timing up to the senate majority leader mitch mcconnell as to when they consider this nominee to succeed ruth bader ginsburg. >> trace: we also heard mitt romney talking about the fact he would support an originalist. someone going by the text of the constitution versus interpretation of what the constitution means today. are we reading too much into when mitt romney says he will come out and support the president, reading too much into him intimating he would also support the president's nominee automatically or is that yet to be determined?

>> the key here is whether or not they can actually go ahead with this. that's the first step. and with that green light which is implied in his statement today -- there will be a lot of parsing of words. we've done this since friday night when we heard about ruth bader ginsburg passing about what senators have said in the past and today. that's why i talk about the statement by joni ernst that was vague and said she would evaluate a nominee. other people who face competitive reelection bids this fall. martha mcsally of arizona who came out full bore and said let's consider it no matter who it is. there are two distinct differences between saying let's go ahead and consider it in an election year and actually who the nominee is. but when you do the math. the math is always paramount on capitol hill they seem to have the votes to put it on the floor. even if you have a defection or two you are probably at a minimum at 50. that's why vice president pence could be very important. again, do they want to set that

precedent because it's never happened on a supreme court nominee? it had never happened on any executive branch nominee until this administration. the first one was betsy devos, the education secretary. mike pence broke that tie back in february of 2017. two others that he has broken ties on the budget director, a position to be the deputy budget director, and also the former senator from kansas, sam brownback to be the religious freedom ambassador. the fact it happened three times they probably want to avoid it on a nomination. another nugget that i've heard. it seems as though when they go to the actual pick there were some other names out there that they talked about how wide the vote was when they were confirmed for other district judge and appellate judgeships. it sounds like the administration is doing an inside strait here trying to do

it with the most narrow margin of votes and probably what it will come down to, trace. >> trace: you are exactly right. chad pergram with insight on capitol hill. chad makes an important point there, it comes down to who they nominate. we talked a lot about amy comey barrett and she fits what mitt romney laid out there moments ago. she fits the mold of a constructionist originalist. the constitution should be looked at the way it was written and not changed for modern times. what chad was saying the inside strait, there is a lot of attention being given to barbara lagoa, a cuban american in florida. and fascinating because she is one of those people who might be able to kind of shift florida in the president's direction. we will talk to the administration about that coming up in just moments. in the meantime i want to bring in republican senator tom cotton of arkansas.

senator, a lot to get through here. first your thoughts on your colleague mitt romney from utah saying he would support the president. >> i'm pleased to see like senator romney like so many other senators will vote for a conservative judge to the united states supreme court who understands the difference between making the law and applying the law. that's what so many of us campaigned on and that is the kind of judge i expect the president will nominate later this week. >> trace: it's amazing there. when mitt romney comes out we were talking about this, it seems like his definition of who he would vote for fits the mold of an amy comey barrett, fits the mold of a barbara lagoa. it seems like not only is mitt romney supporting the president's decision to nominate. maybe we read too much into it, he would also support who the president nominates. your thoughts on that. >> obviously every senator will evaluate the nominee once the president submits it. judge barrett and lagoa are

both outstanding appellate judges already confirmed and the senate would look favorable on their nominations and move forward without delay. >> trace: what do you make, senator cotton, of joe biden not putting forth his potential nominees to the supreme court? >> joe biden knows that if he revealed the kind of radical left wing lawyers he would appoint to the supreme court that he would lose the election. that's why he has consistently refused for two years to do what donald trump did four years ago and two weeks ago. show his hand. tell the american people his vision for what kind of jurist belongs on the supreme court. it is like the democrats' threats to pack the court if we move ahead with our constitutional duty of filling this vacancy. they were already threatening to do so to begin with. they believe the supreme court should be a left wing organization that always moves the country further to the left. if they pack the court they'll

do so so they can continue to rubber stamp left wing policies out of congress and out of our state legislatures that's why we need to move forward with this without delay. >> trace: the former vice president is stalling. a week from today he will be pressed whether he is in favor of packing the court and will be pressed on his potential nominees. he would likely have to put forth somebody at this point in time. why not get ahead of this now instead of waiting until chris wallace puts his feet to the fire in one week? >> that's a very good question. i think vice president biden will continue to stall because he knows that anyone he would nominate to the supreme court would be a radical left wing lawyer with a long paper trail of judicial activism presuming to impose her or his political moral preferences on the american people rather than letting the american people govern themselves through their elected representatives and why

joe biden refuses to reveal his list and why the democrats want to try to pack the court. they would prefer to win through litigation what they can't win at the ballot box. >> trace: we brought you on to talk about the president's speech at the united nations, recorded speech. we heard 15 minutes, 30 minutes. it was much shorter. it was five, six, seven minutes. very hard on china. your thoughts about that, senator cotton. >> i think he was appropriately hard on china and speaking for most of the free world. china concealed from the rest of the world this pandemic as it started in wuhan. something that could have possibly been a local health problem in the middle of china has become the worst pandemic in 100 years because of chinese lies and duplicity. the president called upon the free world to act together and in concert hold china accountable to get a vaccine prepared and out and also to use international organizations like the united nations and the

world health organization to actually defend the free world and the principles of freedom and capitalism and self-determination among nations and international peace and stability. not as a front group for the chinese communist party which those international organizations have too often been. >> trace: senator tom cotton, thank you for your time. we appreciate it. >> thank you. >> julie: louisville, kentucky on edge. the development in the breonna taylor case that led the police to declare a state of emergency. the latest next. >> tech: we'll fix it right with no-contact service you can trust. >> tech: so if you have auto glass damage, stay safe with safelite. >> singers: ♪ safelite repair, safelite replace. ♪

>> julie: protestors taking their supreme court fight to the homes of mitch mcconnell and lindsey graham expressing anger over republican senators' intention to confirm a supreme court nominee before election day by the president. griff jenkins is live in washington with the latest on this. what's the reaction from lawmakers to these protests? >> well, they are shocked but i think you'll see the protestors being galvanized from louisville, kentucky and lindsey graham's house. 100 protestors banging on drums saying no nomination before inauguration. they call themselves the

sunrise movement marched to the high court carrying that sign. we can't sleep so neither should lindsey. the goal is to wake up the senate judiciary committee chairman before the sun was up because they're angry with his decision to move forward with the nomination process. graham wasn't in washington at the time. the senator regrets the disturbance it caused to his neighbors and tweeted a video. how did your monday start? stand with me against the mob. at the supreme court i listened to the protestors rallying and reading the addresses to the homes of key senators like cory gardner and a member of the group saying they aren't stopping. just getting started and keep taking to senators homes as the process plays out. it was mostly peaceful. in kentucky another group took to the majority leader's home for a moral march on mcconnell

calling out the senator for hypocrisy over his decision to deny merrick garland a vote in the senate and likely to see more protests considering the breaking news whether or not target mitt romney's house here. that could be perhaps of interest in the next coming days. one thing is for sure. i think the passion and activity will escalate. >> julie: absolutely since the president says he will announce his nomination this saturday. so i'm sure we'll be seeing plenty more of this. griff jenkins, thank you very much. >> all this while donald trump has been bailed out from any problem he faced. with this crisis, the crisis that regards serious presidential leadership he wasn't up to us. he freeze, he failed to act. he panicked. america has paid the worst price of any nation in the world.

>> trace: joe biden hammering president trump over his coronavirus response. his running mate is on the campaign trail today with two stops in michigan. president trump meanwhile is set to hold a great american comeback event in pittsburgh, pennsylvania, with just 42 days to go until election day. let's get to peter doocy live in battle creek, michigan. how are the candidates framing their message to voters in those critical battlegrounds? >> trace, kamala harris the trying to remind voters the advise and consent whoever president trump nominates to replace ruth bader ginsburg. >> i understand that she is among the shoulder that i stand on. i speak as a member of the united states senate, which has the responsibility to advise and consent on nominations. and i speak as a member of the senate judiciary committee. so i have been in these

hearings before. well one, the kavanaugh hearing. >> about 2 1/2 hours from now harris will touchdown in flint, michigan. during the last cycle flint first began getting national attention as residents dealt with toxic drinking water. today it will be on small businesses hit by covid-19 and meet with black business owners and she is doing separate debate prep from joe biden for her meeting with mike pence two weeks from tomorrow. trace. >> trace: what about joe biden? what's on his schedule today? >> he has a virtual schedule today ahead of tomorrow's first trip of the general election to battleground north carolina. and while he was speaking yesterday in wisconsin, it was interesting, he really leaned into a new line about being qualified for the job even though he would be the first president since reagan without an ivy league degree. >> say it's about time that a

state school president sat in the oval office because you know what? if i'm sitting there, you will be sitting there, too. >> that is a notable addition to the biden stump speech. even without the ivy league degree he served for eight years at vice president already. trace. >> trace: peter doocy live in battle creek, michigan. peter. >> julie: police in louisville, kentucky operating under state of emergency rules in anticipation of a grand jury decision whether or not to charge the three officers involved in the killing of breonna taylor. she was a 26-year-old emergency medical technician was shot dead inside her apartment when police served a no knock warrant on her home in march as part of a drug investigation. the officer who shot taylor has been terminated. the other two are on administrative leave. >> trace: if you missed the breaking news there has been a bunch of it.

first president trump came out saying he would nominate a supreme court nominee on saturday of this week. we don't know exactly when on saturday. but it will happen on saturday. ruth bader ginsburg will lie in repose at the supreme court which you see on the left beginning tomorrow and thursday. and then lie in state at the state capitol on friday. the announcement comes on saturday. and on top of that the other breaking news is that utah senator mitt romney has come out saying he will support the president's decision to nominate a supreme court justice. follow ups on all the breaking news as "america's newsroom" continues. an year.you $3,000 a newday's va streamline refi lets you refinance without having to verify your income, without getting your home appraised, and without spending one dollar out of pocket to get it done.

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>> trace: we have a double dose of breaking news concerning the supreme court. first president trump just came out moments ago saying that he will nominate a supreme court justice on saturday. you see in the lower right-hand side of your screen there a picture of ruth bader ginsburg. she will lie in repose at the court -- at the supreme court tomorrow and thursday and then lie in state at the state capitol on friday. the president will make his decision on saturday. mitt romney, the senator from utah has come out saying he will support the president nominating a supreme court justice. that was not a given because mitt romney has not always been on the president's team. the big benefit here is that mitt romney's support appears to give republicans the 51 votes they would need to

confirm a supreme court justice, so even if you lose senators lisa murcowski and susan collins, apparently if you gain mitt romney and a little wiggle room it gives them the 51 votes that republicans would need. continuing coverage of the breaking news on "america's newsroom." julie. >> julie: fox news alert. nypd officer arrest for allegedly asking as a spy for china. he was secretly passing information to the chinese consulate and attempting to recute other potential intelligence assets. laura engel is following this story. we know the officer was born in china's tibet region. what else can you tell us about this person? >> we know he worked as a community liaison officer in queens. according to investigators, he was living a secret life

putting american citizens and the government at risk. the criminal complaint unsealed monday accuses 33-year-old of acting as an illegal agent of the people's republic of china using his position to spy on the activities of chinese citizens in the new york area while developing intelligence sources within the tibetan community. he is a naturalized u.s. citizens is facing four counts including wire fraud and of providing the prc with access to senior nypd officials through invitations to official events and gain a secret level security clearance with the u.s. army reserve. according to the associated press china says those allegations are pure fabrication and part of a u.s. plot to smear chinese diplomats in the united states.

if he is convicted he faces 55 years. >> trace: meantime it's the second wave of coronavirus in europe and now the united kingdom is setting out new restrictions in order to stop the spread. prime minister boris johnson making the announcement a short time ago. >> i'm sorry that this will affect people just getting back on their feet but we must act to stop the virus from being transmitted in bars and restaurants. >> trace: senior foreign affairs correspondent greg palkot live in london with more. >> coronavirus hitting u.k. once again with a vengeance. here we go again. boris johnson appeared in parliament today talked about a doubling in coronavirus cases and hospitalizations warning of tens of thousands of infections. hundreds of deaths in the months to come if they don't act. not a full lockdown but stiff measures, pubs, bars, restaurants closing earlier with more masks and social

distancing. encouraging folks to go back to work the government is now calling on people to stay home if they can. backed up with some pretty stiff fines beefed up by policing and even the army possibly getting involved. johnson telling folks chafing at the covid restrictions this is not a full lockdown. schools plus many offices, retail can remain open. the economy has been badly hit with the government borrowing heavily to keep it afloat. most telling johnson talked about at least these measures staying in place for at least six months, well into the next year. that is about the time many people say we could begin to see vaccines or a vaccine in full circulation. a lot more trouble here, a lot more waiting to see if it can't be resolved. back to you. >> trace: greg palkot live in london. >> julie: a quick look at the numbers around the world. coronavirus numbers. officials in spain ordering a

partial lockdown of the capital madrid and its surrounding towns after a surge in covid-19 cases there. a movement will be restricted in and around the area in and out which is home to about 850,000 people. residents would still be able to go to work in some of the hard-hit parts of the town if they need to. in france also seeing a surge in infections with a new daily record of 13,500 new confirmed cases. doctors are blaming the recent rise to the fast circulation of the virus but they also say testing has multiplied by six after the government started offering it free of charge and in croatian a popular beach destination summer travel may have set off a second wave of infections that spread through much of europe. it was one of the rare european countries to bring the new daily cases back to zero back in may. and here in the u.s. the number of daily confirmed cases for 1

million people is now 102 with three other countries reporting higher numbers. trace. >> trace: crunch time for the candidates as they prepare for the first debate and if they didn't have enough topics on their plate, now they have the fight over a supreme court vacancy. ari fleischer will weigh in on that. >> president trump: i don't know which biden will show up. i'm just doing what i'm normally doing. 1 a day came out, i said, "why not"? why not just utilize that resource. and walmart made that path open for me. without the $1 a day program, i definitely don't think i'd be in school right now. each week for me in school is just an accomplishment. i feel proud every step of the way. look, this isn't my first rodeo

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>> julie: some black lives matter protests are becoming a bit more confrontational spreading if you will. here is just one example. several protestors are facing charges after they cursed and harassed people eating in a restaurant in pittsburgh. innocent passersby. former white house press secretary ari fleischer joins us now. these are just random violent,

aggressive motions that these protestors are taking against people at a cafe, some are actually taking the police brutality movement out to the suburbs with a more confrontational approach, even stepping up to white neighborhoods and their homes crying out and raising their fists at the american flag and making a lot of residents very nervous and unsafe in their homes. why the shift to the suburbs? >> because this is what radicalism does. if you look at the path of the french revolution and how they went to versailles to where the power is. these people are radicals cut from a similar cloth. i am not saying we'll have a revolution in this country but that type of anger and take our fights in the streets. it is not random. it is their m.o. and why innocent people dining at a restaurant are being subjected to this. people in their homes are being subjected to this.

it is a radicalism. the occupy wall street movement in the united states and it is spreading and it will only hurt them, not help their cause. >> julie: that's what i want to talk about, their cause. how is this going to hurt their cause? they are going into neighboring suburbs. clearly they are trying to sway these residents to vote one way opposing to what they believe they will be voting. this is all coming down to politics. isn't it going to backfire? isn't this going to tell those residents we want nothing to do with that? unfortunately these protests are tied to the democratic party. so if you've got some middle of the road suburban white families and they don't know how they'll vote and see this it could backfire come election day. >> not only suburban white families but suburban black families as well. anybody subject to this will have that kind of conclusion. this is not how you honor the

memory of george floyd. this is not how you honor the memory of breonna taylor or anybody else killed by police violence. this is radicalism. america has turned against radicalism. second point, it is about to get worse. just wait until the supreme court hearing on whoever president trump names. remember the violence, radicalism in the halls of congress when brett kavanaugh was named? this is now going to happen even more so unfolding throughout october as those hearings are underway in the senate. so we're into a totally new world, totally new tactics by the far left and what amazes me is the lack of pressure on nancy pelosi, chuck schumer, joe biden to denounce this. this is basically giving a pass. >> julie: i want to switch gears here to the first presidential debate. we're days away between watching joe biden and president trump have at it. and as if there wasn't enough to hear from them with the

struggling economy, coronavirus, nationwide protests like the ones we're talking about, now there is an extra layer with the fight to fill the supreme court seat >> does he have the stam na. how is joe biden doing on that stage? the best thing to do, smoke him out on policy. biden is ducking and dodging. he won't say what he will do if the senate abolishs the filibuster. his flip-flops on fracking. trump needs to know biden's position and goes after them. if the moderator asked biden something and he doesn't answer the question, trump needs to go hard at him to prove his policies match aoc and nancy pelosi. not enough to allege he will be influenced by them but come out

of biden's mouth, biden's word because trump smoked him out. >> julie: there will be a question how important of the debates are. the importance of debates according to a poll shows that 18% believe extremely important while only 44% say that not at all important. somewhat important 27%. final thought on the importance of the debate coming up. >> they are the most important thing that remains in the election. an election where many people have made up their minds. i can't imagine them changing their minds. there is a clump of people. the largest clump influenced by an event watching the debate. yes, they are crucial. it is good government. who are these guys who are running? we have as americans have a right to watch them and see and have them influence or not. >> julie: interesting to see if joe biden talks about his potential nominee if he were to get the chance to select the next new supreme court justice. we're waiting to hear. we have to wait until the

debate. ari fleischer, great to see you, thank you. >> trace: air quality once again becoming an issue on the west coast as officials identify the firefighter killed in action in california. a live report from los angeles next. managing your diabetes can be hard.

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>> trace: firefighter killed battling the eldorado fire has been identified. his name was charlie morton, leader of the big bear interagency hotshot crew of the san bernardino national forest. the 39-year-old is survived by his wife and his daughter. meantime the bobcat fire threatening more than 1,000 homes in the mojave desert town of pear blossom. what's the latest on containing these wildfires? >> the problem is that there

are so many. 54 fires burning across the west. 32,000 firefighters from forest service, locals, canada, 15 other states and the national guard. thousands have been evacuated from border to border living out of their cars in parks and hotels. and as residents are allowed back in, some found nothing left. >> we got married in november of 2018. we bought this house in october so we've been building our lives here. it's all gone. >> people they say at least it didn't get your house. i said this once already. they're right but ultimately it would have been better if it had just taken the house and left the ranch alone. now we don't have a way to make a living. >> half the fires are in california. the good news is air quality is bad but we're getting cooler weather, breezes for the next few days. outlook is not good for hotter temperatures and less humidity

over the weekend. >> trace: first day of fall is usually when the big time fires set in. william la jeunesse live in los angeles. thank you. >> julie: president trump set to hit the campaign trail later today. we now know when he plans to announce his supreme court pick. that pick just getting a boost from senator mitt romney. that's next. - and that's my family.

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hurdle in his supreme court showdown. within the last hour he now seems to have the votes he needs for a senate confirmation of a nominee. welcome back to "america's newsroom." i'm trace gallagher. julie, hello again. >> julie: can we pack in another hour of breaking news? let's try it. i'm julie banderas in for sandra this morning. the president set to announce his supreme court pick on saturday, he just got assurances that his nominee will have a path to senate confirmation with mitt romney revealing where he stands a short time ago on this program. >> there are many possibilities we could go through. i've indicated what i intend to do is to proceed with the consideration process and if a nominee actually reaches the floor that i will vote based upon the qualifications of that nominee. >> julie: chief white house correspondent john roberts tops off the hour live with more from the white house. >> good morning to you. president trump saying in an interview a short time ago that

he is very close to making a decision in his own mind about who he is going to choose to be the next associate justice on the supreme court. the president also nailing down a day at least that he is going to do it tweeting a while ago i will be announcing my supreme court nominee on saturday at the white house. exact time tba. in terms of that tba the president have a previously scheduled rally in pennsylvania saturday evening. i'm told at this point the rally is likely to still go ahead. it would likely mean the president would make the announcement of his nominee sometime during the day. but the president thinks there is time between now and the election to get it done. here is what he said just minutes ago. >> president trump: we have a lot of time. we have nothing but time especially since we have the support. we have senatorial support, people have come out and i guess we have all the votes we are going to need. they will be very happy with the candidate.

>> the president met yesterday with amy coney barrett and considered as the frontrunner. other contenders include barbara lagoa from the court of appeals based in miami and alison rushing of the 4th circuit court of appeals the favorite of evangelical leaders who held a phone call yesterday. >> rushing happens to be someone from north carolina. i'm familiar with her. she is a great 4th circuit appellate judge and worthy of consideration. there is not an official short list. if there were a short list she would be on that. >> republicans have the votes to confirm the president's nominee before the election. utah senator mitt romney coming forward in the last 90 minutes to say he will vote. in a statement saying i intend to follow the constitution and precedent in considering the

president's nominee if the nominee reaches the senate floor, i intend to vote based upon their qualifications. that means that 51 republicans are now on board with having a vote before the election. colorado senator cory gardner yesterday said i have and will continue to support judicial nominees who will protect our constitution not legislate from the bench. should a qualified nominee who meets this criteria be put forward i will vote to confirm. now the battle is over the timing. can this get done before the election? if the president is making the nomination or announcing it on saturday. it leaves maximum 38 days to get it done. but there is historical precedent at least three supreme court justices including john paul stevens, john roberts, and barbara o'connor have been confirmed within that time period.

stevens was the shortest at 19 days. it is possible, julie, to get that done. >> julie: i think anything is possible. >> it's sandra day o'connor. my brain left me for a moment. senior moment. >> julie: you can say whatever you want. always great to see you. >> trace: with more on this let's bring in the white house director of strategic communication, big news. we've been covering breaking news now for the past hour alisa, thank you for joining us. we appreciate it. i want to get your thoughts on utah senator mitt romney who was kind of a wild card, nobody was quite sure where he would come down but saying he would support the president's nominee. >> i think it shows momentum is on the side of republicans to fill thatz. i'm not surprised senator romney came out in favor just understanding the senate's constitutional role to advise and consent and the president's constitutional role to appoint nominees to the supreme court.

so we're moving forward. it looks like we'll have the support. but the big thing i would emphasize to your viewers this isn't going to be a rushed processes. thoroughly vetted, highly qualified individuals many who have appeared before the senate and confirmed for previous roles. they are also individuals who have been on the president's public list some for several years, some for the last few weeks. so we've put a lot of information out there for the public to see and been very transparent in this process. >> trace: lagoa and barrett have been vetted. it's the timing here, alisa where people are concerned. mitch mcconnell hasn't given us an indication. the president hasn't laid anything out there. what is your thoughts on when the president makes the nomination on saturday, when does the process actually begin? timing really is important here. >> that's a great question. as the president said we'll plan to move forward with the nomination this weekend. from there i think it's going

to go to the senate judiciary committee and see how quickly they can move and when we can have a floor vote. as john roberts rightly pointed out sandra day o'connor was appointed in 30 days and stevens in 21 days. there is precedent to do this quickly. justice ginsburg said it. the president doesn't stop being the president under the constitution in an election year. so while the election day is an important day, it is an artificial deadline. our priority is filling the seat with a highly qualified judge that meets the president's intent for what we would like to see on the supreme court. >> trace: you mentioned those days of sandra day o'connor and the speed with which they were confirmed here. but that was really not in the modern times that we're talking about. brett kavanaugh 88 days. neil gorsuch 65 days. kagan 87 days. sotomayor 66 days. so in recent times the past 20 years it has taken a lot longer.

do you worry about how the process has slowed down over time? >> it's a fair point but as i mentioned some of these judges have recently come before the senate for confirmation in other roles. so in that regard they've already been vetted by much of the committee. in addition to that, the president having put out his name of nominees 3 1/2 years ago, potential nominees gives them just that extra level of vetting and they've been in the public space. we don't anticipate any delays here. these are highly qualified candidates, jurists at the top of their game. we think we can move forward on this time frame. >> trace: we had while you were talking there putting up amy coney barrett and her background and so forth. clearly she is many consider the top contender but there is a lot of focus on barbara lagoa from florida, a cuban american, she might help the president win. this is from the former state

representative consultant i think cuban american grandfathers and grandmothers will care and speaks to how well cuban americans have assimilated to the united states. every time there is a new first it is seismic. political quote says democrats play the race card. well, we can play it as well. what are they going to tell hispanic voters in florida about rejecting a latina for the high court? one of the republican advisors to trump who spoke to him about lagoa told "politico" that it's a very good point there. this could be one of those things that really galvanizes cubans in south florida to vote for the president. your thoughts on that. >> well, listen, she is a highly qualified jurist and made some firsts being on the floor of the supreme court and we think highly of her. i won't get ahead of the president's decision. i would say this. whoever he picks is going to be a highly qualified, thoroughly-vetted nominee.

republicans try not to play the identity politics. we would rather choose our justice based how they will serve on the court less than what their personal background is. someone this white house thinks incredibly highly of who would be an asset in some role. >> trace: it's interesting. before ruth bader ginsburg died fox news asked people how do you -- who do you trust more to do a better job on supreme court nominees? and here are the numbers. 52% said joe biden. 45% say president trump. the white house is clearly seeing these polls and disagree or agree with them. what are your thoughts on the fact that people the end to trust joe biden more, at least they did before the passing of justice ginsburg? >> i'm not sure we make too much of those polls. this president has appointed brett kavanaugh and justice gorsuch two highly qualified nominees. joe biden hasn't appointed one and been involved in some of

the more contentious senate con mir fashion processes in the pass. i think the public knows what this president's record is and would just say generally speaking with polling we always give or take a couple of points in favor of the president just based on our own past history how we've seen polls to be inaccurate. what i would add that same poll you mentioned has the president up on the american's trust in how to handle the economy which is very important. that's what americans vote with. >> trace: i'm wondering quickly if i can talking about the democrats threatening to pack the court. democrats threatening to add states and senators, democrats making all these threats. your last thoughts on that. how might that change the equation? >> it's an act of desperation and signal to the american public these aren't serious leaders wanting to play partisanship. this president wants to confirm a vetted, thoroughly cleared and qualified judge and that's what we're going to do. >> trace: white house

communications director thank you for coming on. >> julie: after a summer of violent protests and riots new polling shows a change in support for the black lives matter movement plus what could a right ward shift on the supreme court mean for the average america? we'll take a look at some of the cases that could impact tens of millions of people across the country. >> i'm pleased to see that senator romney like so many other senators are going to vote for a conservative judge to the united states supreme court who understands the difference between making the law and applying the law.

>> julie: the death of justice ruth bader ginsburg a strong liberal voice on the supreme court will likely lead to a conservative successor who could shape decisions on abortion and gun rights for generations to come. this as senator mitt romney announces this morning that he will vote on president trump's nominee to replace her. >> i recognize that we may have a court which has more of a conservative bent than it has had over the last few decades. but my liberal friends have over many decades gotten very used to the idea of having a liberal court. that's not written in the stars.

>> julie: bill mcgurn joins us now. main street columnist for the "wall street journal." former speech writer for george w. bush and fox news contributor. always great to see you, bill. >> thank you. i agree with -- >> julie: go ahead. >> well, i was going to say it depends what you mean by right ward. true conservatives. we don't want outcomes. we aren't agitating for specific outcomes. what we want is a court -- it's unfortunate it's associated with right ward that follows the law and the constitution. you mentioned some big issues that may have implications on abortion. even if roe vs. wade were overturned in its entirety abortion would be legal and up to the states. so i don't think we'll see any cataclysmic changes. the healthy change i see is

democrats treat the supreme court as senator romney alluded to as their preferred legislator. a lot easier to persuade judges to go your way and impose a rule on everyone than go through the hard, democratic work of getting things through legislators and signed into law. i would welcome that. if that's a rightward shift i welcome it to have judges follow the law. look at the hard thing for judges. judges are very smart, the kind of person nominated for the supreme court. but the key factor that we need in judges is modesty. that's very hard sometimes for smart people not to show off what you you believe but the modesty that the constitution assigned you. >> julie: forget the rightward shift. what could it usher in to have impact on people live. you don't believe roe vs. wade

will be completely overturned. liberals are extremely concerned about that. >> right. well, let's start with roe vs. wade. what it could mean is that the court would find modest restrictions that the states impose. find them constitution nallly okay and the bigger part it would return to issue where it should be. to the democratic process. let's we the people decide these issues through their elected legislators. i think it might entail a little more respect for the second amendment. we had two big cases about 10 or 15 years ago and it hasn't been followed up. i think i would hope that it would have implications for racial discrimination, which is -- we see our leading schools against asian-americans that this is really not the way america should be doing business. i think it could have a lot of effects but more of a gradual effect rather than -- i don't

think we'll have monumental overturntion of previous laws. >> julie: here is without chief of staff mark meadows this morning. listen and react. >> i don't know that we make nominations or confirm nominees based on their religious views. we are more concerned about their views as a judge and how their previous record would support a very strong, firm foundation in the constitution. >> julie: there are key issues the republican voters have been pushing for decades on the wish list for some conservatives particularly evangelicals not only roe vs. wade but reversing recent civil rights decisions and like you mentioned gun rights. obamacare. that could see drastic changes under a new court, correct? >> yes, i hope so. and again what i hope the key is, the drastic changes that i would like is to return a lot

of these issues to the democratic process and not have them decided by nine unelected people in black robes. >> julie: all right. that's all the time we have. we appreciate you coming on bill mcgurn. great to see you as always. >> trace: the black lives matter movement seeing a drop in approval numbers according to a new poll after violent protests in cities across the country. a pew research center only half adults support the movement down from 67% if june. the organization made a change to its mission statement. deleted a stated goal to disrupt the nuclear family structure. let's bring in ted williams. a defense attorney and fox news contributor. we're always glad to see him. ted, thank you for coming on. it is interesting. i want to read the phrase that was deleted from the black lives matters website.

we disrupt the western prescribed nuclear family structure requirements by supporting each other as extended families and villages that collectively care for one another especially our children to the degree that mothers, parents and children are comfortable. it got a lot of pushback by critics, ted, because they were saying look, there are too many single parent households in black communities around the country and this propagates that. what are your thoughts on blm deleting this? >> you know, trace, when blm puts out this kind of a statement it really delegitimized their mission. blm started long before the george floyd case but came into prominence during the george floyd case and his killing. the organization -- the problem is they lack leaders. there is not one single leader

that has gotten the organization. their purpose is clearly legitimate but when they put out this kind of an edict unfortunately it delegitimizes their mission. >> trace: we showed you the poll earlier how support from blm has dropped a little bit. i want to put this up and how many people strongly support the black lives matter movement. it is now at 29%. june 38%. these are fairly significant drops in this. it is attributed to what in your estimation, ted? >> well, it's attributable to having a very negative message out there but in the states where we are having all these riots in these cities and there is some association with black lives matter with these rioters. so those are the things that

are hurting the organization. the legitimacy of the organization can go far beyond, as i said, the george floyd case where there have been instances where police officers, unfortunately, have shot and killed black people and that is not properly amplified. the organization, while they have a legitimate mission, they've got to watch how they carry that mission out unfortunately. >> trace: i want to just lastly here portland man quoted by "the new york times" and said it went from a peaceful march calling out names to all of a sudden bang, how dare you fly the american flag? they said take it down. they wouldn't leave. they said they are going to come back and burn the house down. and that's kind of part and parcel of what we're talking about here, ted. instead of, you know, this movement that people strongly believe in, people are saying

why is there violence involved in this? >> what has happened is the movement itself -- i've spoken to several black lives matter leaders, they believe that the movement is being hijacked by other individuals who have their own purposes. they also believe they're being infiltrated by right wing groups as well as groups on the left as antifa. so it takes away from their message, unfortunately. and that's a tragedy because i think that they have a legitimate message. it is just that they need some public relations campaign to get that legitimate message out there instead of the adverse negative message that is coming out of black lives matter at this time. >> trace: ted williams, thank you my friend. always good to talk to you. >> julie: classes are in session in new york city public schools. why only a tiny fraction of students are actually getting the benefit of in-person learning. plus the battle just getting

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rally in pittsburgh. while his democratic challenger joe biden's wife jill will hold a virtual event this afternoon in erie. >> trace: senator mitt romney is open to vote for president trump's supreme court nominee. >> julie: the supreme court has only eight justices until this is all ironed out. that could mean big changes for some cases before the court. we're live at the supreme court with more on this. >> it's going to be a busy few weeks and the supreme court fall term kicks off two weeks from yesterday. that is monday, october 5th. the clock is ticking. justice ruth bader ginsburg will be a dramatic miss at the supreme court. many people will notice her presence and colleagues meeting by teleconference because of covid-19. justice ginsburg almost always participated in oral argument and actively involved even when she was ill. we talk about that eight-person

bench. things could get very trick le. decisions that affect the most amount of people are usually 4-5. things could go 5-3, 4, 4 which throws a wrench into the situation and called the worst case or nightmare scenario by court watchers. let's say the presidential election takes place on november 3. no problem there. no clear winner. then there is some kind of litigation and back and forth like what we saw in 2000 with bush versus gore. the case goes to the supreme court. this is the hypothetical but there are only eight justices and rule 4-4. i spoke to a law professor who argued in front of the court 21 times. >> all the justices particularly the chief justice work hard to make the court seem not like a political association but a legal institution that's applying the constitution as lawyers, not as politicians. and in this particular scenario

of having this kind of political food fight right around the election. >> so many different scenarios hard to tell what will happen. we hope it doesn't happen, the worst case scenario. in the next few weeks some major cases will look at the merits of the affordable care act and the house bid to get ahold of the mueller grand jury documents. >> julie: thank you, david. >> we've got the votes to confirm justice ginsburg replacement before the election. we'll move forward in the committee and report the nomination out of the committee to the floor of the united states senate so we can vote before the election. they won't intimidate me, mitch mcconnell or anybody else. >> trace: he told sean hannity republicans have the votes to confirm the supreme court nominee. the president will announce who that is on saturday. senator mitt romney spoke out this morning saying he will vote on the president's nominee

releasing this statement i intend to follow the constitution and precedent in considering the president's nominee if the nominee reaches the senate floor, i intend to vote based upon their qualifications. with us now former deputy assistant attorney general tom dupree. when lindsey graham said that last night there were people skeptical, i don't know. doing the math thinking do they have the votes? now that mitt romney said he would support the president the gop breathing a bit easier today. your thoughts. >> i think senator graham is right or proven correct. the fact that mitt romney has publicly come out and said he is prepared to move ahead with a vote really at this rate any chances the democrats had of stopping this nomination from moving forward. they still need to get two votes. anyone's guess where they could come up with those votes. >> trace: now it's all about timing, right? we talked about how this can be done as early as 19 days, historically it's been done in 19 days. i want to put this on the

screen. you talk about brett kavanaugh, neil gorsuch, it has taken a lot longer. brett kavanaugh took 88 days. neil gorsuch, and others longer. here is the white house chief of staff mark meadows on mitch mcconnell's timeline. >> leader mcconnell is working very closely with senate republicans. we haven't made a decision on the timetable. the leader will ultimately make that after we have the hearings in lindsey graham's judiciary committee. they're all engaged and ready to get to work. >> trace: that's a operative phrase there, tom. this needs to get rolling. fair assessment? >> absolutely. the republicans have to act with a sense of urgency if they want to move this nomination forward. the constitution gives the

senate the power to advise and consent. historically what it means is individual meetings between individual senators and the nominee. i think that can still be done. they will have to hurry it up. they may well do virtual meetings by zoom or other forms of internet communication. but at the end of the day the senators have to get comfortable with this nominee to be properly exercising their power to give advice and ultimately to consent. >> trace: we put a lot of focus, tom, on martha mcsally race with mark kelly in arizona. since they're facing in a special election to fill out john mccain's term kelly may not have to wait until january to head to washington he could be sworn in as soon as november 30 when the state election results are expected to be canvassed if he wins, does that not have as much of an impact now that mitt romney has come out or you still see that being a factor in the

final decision, tom? >> i think it adds just to the sense of urgency and the need for the republicans to move quickly on this. at the end of the day leader mcconnell is playing a pretty tough game here. he can only afford to lose two votes. if he loses the arizona race, that just further will narrow the possible margin he has. he can handle -- if they lose in arizona they can only handle two. it won't prevent the nominee from getting confirmed but makes it a tight rope that the leader would have to walk to get the nominee through. >> trace: fascinating to watch. tom dupree, good to see you. >> likewise, thanks. >> julie: new york city public schools opening their doors on monday but only about 90,000 children will be allowed to return, which is a small fraction of the city's 1.1 million public school students but the first time any

in-person classes have been scheduled and held since the coronavirus pandemic took hold in march. >> trace: some countries in europe seeing record numbers of new cases. the netherlands reporting more than 13,000 this past week up more than 60% from the previous week. the country also saw its highest number of daily new cases since april. >> julie: now that the gop carved out a path for confirmation for the president's pick for the supreme court which will happen on saturday, question now is where does joe biden stand when it comes to the threats from other members of his own party? will he now support the everything is on the table mentality? plus bubba wallace driving for a new nascar team and the link that team has to a sports legend next. ♪ attention veterans with va loans.

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life. >> julie: warnings flying from the democrats on the supreme court over justice ginsburg's successor as some in party are now threatening everything from eliminating the filibuster to packing the high court, by adding more justices. but joe biden the defact owe head of the democratic party doesn't seem to be joining the nothing is off the table approach mentality. watch. >> we need to de-escalate, not escalate. it's why i appeal to those few senate republicans, the handful who really will decide what happens, please follow your conscience. don't vote to confirm anyone under the circumstances that president trump and senator mcconnell have created. don't go there. >> julie: richard fowler fox news contributor. always great to see you, buddy. it has been a while. biden strongly -- biden

strongly objected to meddling with the number of justices or court packing warning it could only lead to counter punches from the gop. if biden isn't willing to join the threats of going nuclear is the fear of court packing on the right now mute? >> i wouldn't say it's mute or not mute. it is way too early to tell. there is far too much conjecture to know whether or not there will be a move to pack the courts, right? for that to happen the democrats have to win the majority of the united states senate. what you'll hear kamala harris do today and joe biden do today in the next coming days is begin the talk about the issues that relate to the court and adjacent to the court. the one issue that the american people are are thinking now more than ever is healthcare. with us reaching the 200,000 dead american milestone under covid-19, every american is looking over their healthcare policy, making sure they have healthcare, making sure that's important.

with the supreme court ruling on the affordable care act and if they overturn it taking out many of the popular provisions like protecting folks are pre-existing conditions. no maximum minimums how much money can be paid by health insurance companies. it will all be on the line in the new supreme court term with a potential for donald trump justice. every democrat and every democratic voter you will hear all democrats up and down the ballot begin to have the conversation what's at stake in the upcoming election. what is at stake in the next 40 days. if you think about where democrats need to pick up the votes. that is suburban voters. many have kids in college and could have pre-existing conditions. the arguments democrats make. understanding that donald trump has said over and over again he will issue a healthcare plan. we haven't seen it. >> julie: we hear a lot about court packing. is court packing going to be the new medicare for all?

>> listen, i think it's way too early to tell. way too early to know. once again democrats will have to win the majority in the united states senate. i think this is an argument being pushed by donald trump and republicans, argument really is not based in fact because the democrats don't have the majority. you are seeing that play out with the fact that they cannot -- clear eyed about this. very unlikely the democrats will be able to block this potential supreme court justice that the president will put up on saturday. >> julie: tell that to the democrats. they seem to think they have a very good chance of getting the majority in the house and senate. prominent democrats are threatening -- ocasio-cortez on the day after ginsburg died we should leave all options on the table including the number of justice is on the supreme court. massachusetts senator markey editing that by tweeting mitch mcconnell set the president. no supreme court vacancies in an election year. when democrats -- we must

abolish the filibuster and expand the supreme court. how badly could it backfire for biden if he doesn't give into the left trying to strong arm him clearly? >> there are two lanes of messaging the democratic is engaging in. one lane engaged toward the far left or far right of your party if you're a republican. another set of messaging geared toward middle center of the road voters. the job is simple. turning out people for this election. remember, in 10 states people are already voting. it is getting folks to the polls. ocasio-cortez has to mobilize her base and say get engaged and involved in the election. that messaging is how she does that. >> julie: richard fowler, great to see you. thank you so much. >> trace: parts of houston and other texas cities now under water as slow-moving tropical debretion beta dumps heavy rain on the gulf coast. when the rain is forecast to

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>> julie: one of president trump's top pick for supreme court nomination is no stranger to presidential politics. that is because she used to volunteer for joe biden's presidential campaign. all the way back in 1987. judge joan larsen lives in michigan and her name made president trump's list of preapproved conservative justices. she cops to his past working with team biden under consideration for the seat brett kavanaugh got. judge larsen later served in george w. bush's administration. >> trace: texas getting pounded with rain with tropical debretion beta stalling over the state.

it made landfall north of the city of port o'connor late last night as a tropical storm. casey, what does it look like? >> it's weird. the sun is out now. 20 minutes ago we had a squall line coming through dropping rain almost sideways. that's what is so unique about the storm. small bands of rain. i stepped off the curb in one of the streets here in downtown galveston. a lot of standing water in the road and as scott pans further down it looks like this in many other streets in the downtown area but further inland the houston metro area. one of the nation's largest cities. boy oh boy, lots of flash flooding that closed major roads, interstates for the morning commute. first responders say more than 20 high-water rescues have been carried out in and around the city. emergency officials say just because beta is not a hurricane doesn't mean that folks should take it lightly.

because now that it has weakened to this tropical depression it will hug the texas coast and move up and start to impact southeast louisiana, an area already recovering from hurricane laura. trace. >> trace: casey stiegel live in galveston, texas. thank you. >> julie: police are devoting more time to cracking down on parking offenses, believe it or not. despite a pledge from the mayor not to. why the sudden change? we have a live report coming up from chicago next. ♪ ♪ baby, you can drive my car, baby i love you ♪ that's why there's otezla. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea or vomiting.

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>> julie: police in chicago cracking down on all of things promising despite the promise from mayor lore lightfoot to go easy on ticketing minor offenses in the pandemic. jeff is live for us from chicago. why the flip-flop? >> a good question, julie. we don't know. the mayor hasn't said why. i'm on rush street, one of toughest places typically to park. if you don't park here, i met a gentleman here, a very nice man but if you don't pay for parking, this man will put a ticket on your car. as he should. but the mayor said and i quote her on march 18 now. she said in the pandemic the only ticketing that is going to be happening is if there is a car or other vehicle posing some kind of public safety threat. so if you don't pay the meter,

no big deal. you won't get a ticket. what happened? 35,000 tickets got written to the tune of about $1 million. almost $1 million worth of fines. of which, the city has -- people have paid half of that. again, answering your, julie. nobody knows why the city flip-flop and i haven't gotten an answer from the mayor. a lot of people are out a lot of money in a city -- well, i guess they need the money. maybe it's good. >> julie: maybe just, maybe focus on the arrests of all the violent protesters. just a thought. thank you. >> another way to go. >> julie: trace? >> trace: fox news alert. troubling milestone is now official. the number of americans killed by the coronavirus just topped 200,000 deaths according to the johns hopkins. the u.s. still has the highest number of deaths versus any other nation by far. but not per capita. that is a sad milestone. our heart goes out to a lot of families across the united states. the president, julie, will

make his supreme court nominee decision on saturday. and mitt romney is on his team. >> julie: absolutely. saturday. we expect to watch that, of course, continuing coverage on the fox news channel as always. trace, it's great to work with you. have the great rest of your week. "outnumbered" starts right now. >> harris: fox news alert now. we are awaiting fresh reaction from the white house to republicans in the senate all but locking up the votes needed to potentially confirm president trump's eventual supreme court nominee. senate g.o.p. expected to meet soon to talk about the next steps after senator mitt romney became the latest to jump on board and says he is in favor of voting on a potential nominee. the utah republican explained how he reached his decision. watch. >> the decision to proceed now with the president trump's nominee is also consistent with history. i came down on the side of the constitution and precedent as

i have studied