flag for 100 his win knocking out defending champ kyle busch first time in six years, he will miss the title race and with that i'm going to take the checkered flag continue coverage of the supreme court confirmation hearing day one right here on "fox & friends." have a great one. ♪ ♪ >> live from new york city and as you can see right there washington, d.c. it is monday october 12th, 2020 today is a federal holiday. being observed, of course, as columbus day second monday in october. and it is also observed as indigenous peoples day so welcome onboard to the monday fox and friends and man we have news today. >> we do. it is going to be a big week front cover of the new york post says fearless because amy coney

barrett today is first day of the confirmation hearing expected to last for four days. brian. brian: i looked at history of columbus i didn't know other topicking he for today is favorite explorer beating second and third for today focus on the explorer that opened up the rest of the world we'll talk about that. and -- steve: who is in in charge of the fountain of youth? brian: one didn't work. we would be there if and st. augustine. steve: supposed to drink this water? >> great. be ferasing. meanwhile, griff jenkins in d.c. with what we can expect griff tell us exactly what to expect because nothing will be unpredictable. >> well brian and steve good morning to you we're about to kick off three day of confirmation hearings like everything else during the pandemic, this will be a first ever and it will make history also being so close to an election. now despite the covid challenges judiciary committee chairman lindsey graham who will be on this program later says he's

determined to get through this he's letting members to appear either in person or virtually to question the witness. he says that one way or another this starts today and less than three hours and then they're going get through this by out of committee that is by october 22nd now if confirmed, amy coney barrett will become the fifth woman to serve on the high court and a preview of her opening statement fox news barrett is expected to say among other things this, quote, courts are not designed to solve every problem or right every wrong in our public life. the policy decisions and value judgments of government must be made by the political branches elected by accountable to the people. but democrats are fighting this and every way comet member vice presidential nominee kamala harris tweeting by moving forward with supreme court confirmation hearings tomorrow, less than two weeks after members tested positive chairman graham and senate republicans are endanger lives of not just

members and our staff but hardworking people who keep the senate complex running now republican senators are mike lee and thom tillis she's referring to both having tested positive in recent days unclear if they'll appear in person or virtually. and among the major issues, we expect to come up are abortion, gun rights, immigration, and health care. expect democrats to hammer her on obama care at 9 a.m. in the room the senate room we'll see barrett along with chairman graham and ranking member dianne feinstein. it's going to be one for the history books for sure. brian ainsley, steve. >> kicks off at 9:00 eastern you'll see it right here on fox. american bar association come out said that amy coney barrett is well qualified we've taken a look at some of her opening sames in which she's going to say is if she is confirmed it would be the honor of a lifetime to serve on the u.s. supreme court. and she stresses that in her

opening statement no one will ever take the place of ruth bade er ginsburg, of course, joe biden says saying we don't quite understand what he's talking about on friday he said it would -- unconstitutional for the republicans to hold vote before the inauguration day. but in 2017, he said senators are constitutionally required to give the nominee a hearing and vote so in other words it was constitutional, until it was not -- until it was unconstitutional. but ainsley that's not the only team he's said things once and now backtrack. ainsley: that's right referring to packing the court he won't answer that question back in 1983 he said that court packing was a bone-head idea and now by not answering question many are wondering does that mean he is in favor of packing the court. this is what he said to a reporter a local reporter in las vegas on friday. when the reporter continued to ask him question are you going to pack the court voters deserve an answer. listen.

>> sir i have to ask you about packing the court i know that you said yesterday you aren't going to answer question until after the election. this is a number one thing that i've been asked about from viewers. >> asked by viewers who are republican who is doangts want me to continue to talk about what they're doing to the court right now. >> don't voters deserve to know. >> no they don't i'm not going play his game he would love me to talk about. i've said thing about that court packing he would love that to be the discussion instead of what he's doing now. >> they keep calling it trump game not playing trump game but voters want to know including you have journalist said they should answer the question and former obama said they should have had a better answer than a nonanswer and brian when it comes to filibuster which they would most definitelily have to get rid of in order to pack the court dianne feinstein said i don't believe in doing that i think filibuster serves prp and part of the senate that differentiates itself. >> it is unbelievable an

american the american people want to know what you're going to do and as i said other day, no one even doubted what the president wanted to do he's going build a wall crack on illegal immigration and strong on defense and he's going to rebuild he's going to reconfigure our trade relations. he tried to do all of that, he did almost all of that. if you are joe biden you're hiding all of your cards till election day. with 22 days left. >> ainsley: can i interrupt you because founder of the et he said i would rather vote for devil i know than what i don't know and knows where he stands versus someone who is flip-flopped. >> here's what ben sasse said who is a legal scholar senator from nebraska wants six more years looked said it is unbelievable what democrats if they win presidency in senate are prepared to do. >> a to ask vice president biden won't answer that really basic question and it isn't just one branch of government. what they're really talking

about or refusing to talk about is a suicide bombing of two branches of government. what they're talking about is blowing up the deliberative structure of the united states senate by abolishing filibuster making it possible to turn the senate into just another house of representatives. where every two years by a 51-49 or 49-51 majority major portion of american life change and doing that to pack the supreme court. >> it was a great interview especially when train came by in middle of it i'm serious but senator ben sasse was able to pick out what we were able to watch if you watch chris coons and kate who is the director of the biden campaign. they have this new theme now, it is -- trump is one who pack the court. yeah, by putting filling in vacant seats he packed the court that's a brand new definition of packing the court. a seat is empty left empty by obama and pack the court

unconstitutionally pack the court that didn't even fly with cnn yesterday steve. steve: we're not talking about the supreme court but other federal courts. brian: right. steve: a lot of people pack the court what does that mean whatter that suggesting is, you know, back -- back in the day, roosevelt was talking about packing the court it has been -- it has been nine justices for like 150 years something like that packing court would mean expanding. making the court bigger putting liberal justices onboard to dilute the effectiveness of the conservatives. on the court at least that's the idea. what's interesting about joe biden is when you think about it, and ainsley to your poingtd how he said it is a bone-head move to pack the court well he does not -- his aoc wing, superprogressive wing of the democratic party they want him to do that. but at the same time, the biden people realized we need their vote so he's not going say anything. the problem is for a lot of

moderate democrats, and others persuadable independence republicans they want to know it is a fair question. you going to do it or aren't you and he simply won't say it. brian: you know kamala harris wants to do it. >> you know senator schumer wants him to do it and doesn't want to say it because american people don't want him to do it. ainsley: president should say that is an excellent question but i'm going answer it after the election. i'll let you know after the election. >> a hnsed before the election in the 80s he said to pack the court would be a bone-headed they can and we have the video and we're going to play it for you in a little while. in the meantime 22 days from the election, and the president today will leave the white house for the first time since he returned after testing positive for covid-19. he says he's no longer infectious and we're going to be talking to kayleigh mcenany about exactly what that means but later today he's going to be at the airport in sanford, florida got an event there.

then he's going to be moving on tuesday, pennsylvania, wednesday he's going to be in iowa and thursday, in greenville, north carolina. the same time joe biden today, is going to be in toledo and then later he's going to be moving on to cincinnati. tomorrow he's going to be down in florida. and then on wednesday, look at that he's going to have that abc town hall. keep in mind why is he going to ohio i think they think that mr. biden could actually win there. even though mr. trump won there. ainsley by eight points back in the day. >> it is hard to believe few weeks away from the election the parents, doctors say that the president is no longer at risk of spreading covid he talked about all of the safety precautions that they're going take to make sure everything is okay and all and check for both of these individuals. for biden for president trump when they go out to speak to the people. >> campaign wants to reschedule that second debate that's been canceled so far the biden people have not said anything. ainsley: supposed to be this

thursday. >> when it comes to election last 22 days used to know exactly both candidates stood, and used to be okay if the country if the republicans when it goes to the right slightly to the right and if the democrats want to go slightly to left because it would be this balance of power thing that we kind of -- structure country on but people should understand especially with republicans happy with the delivery adding to states that is d.c. and puerto rico, they're going to pack the court. that goes without saying. they're not even going -- it is not out of the realm of possibility that they're going to add districts and seats to the house of representatives so not only are they going to try to get the presidency and senate, hold the house, you're looking to keep it permanent so these things are going to be very -- extremely radical and noteworthy if they would admit to doing what they normally do. john kerry told you what he was going to do al gore 208d you it is joe biden that either doesn't know, isn't in control, or knows

it is beginning to be so unpopular he will not tell you. that to me is noteworthy. >> at the same time, brian it seems to be working for him joe biden when you look at the polls because people -- have to demand to know. steve: people are not voting for joe biden they're simply voting in many cases against donald trump. so they have to -- brian: trump campaign has to define what it would mean to him not being there. and that's going to be his goal, and make him answer the question. that's why it was so bad that the president backed out immediately on friday of doing this debate. in any form at a chance to question joe biden, could be gold for republicans. steve: stay tuned 22 days to go ainsley. ainsley: trying to set the record straight on fracking saying he's not going to ban it and voters in pennsylvania believe him? sean parnell is running for congress in keystone states he joins us, next.

my nunormal: fewer asthma attacks. less oral steroids. taking my treatment at home. nucala is a once-monthly add-on injection for severe eosinophilic asthma. not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection site reactions, back pain, and fatigue. ask your doctor about nucala at home. find your nunormal with nucala. how will we do it, at a time we've been asked that before. and through pandemics, and depressions, wars that split a nation, and fractured the world. americans have always found a way to vote and make their voices heard. so stand with the national council on election integrity and help make sure every vote is counted.

no matter who you vote for, or how. because while this election may feel different, we all call america home.

as amy first jober, is to care for derek. everything i do is for him. when i moved to this apartment after six months, we need to connect with the world.

i use the internet to keep him in the language, because that's the way to connect to my family's traditions. he has to know where he comes from. we need internet essentials. there's no excuse to not get connected. you know, the fact is that every time the word climate change comes up, donald trump thinks hoax. every time it comes up,ening jobs. let me be clear. no matter how many lives he tells i'm not, not, not banning fracking. period. >> despite what you said over the summer, this weekend joe biden told voters he wouldn't ban fracking not too long ago biden and running mate singing different tune for example put music to this. >> stopping fracking is stopping pipeline and structure, and -- >> exactly.

>> no new fracking. >> any place for fossil fuels including coal and fracking in the biden administration? >> no. we would work it out. we would make sure it is eliminated and no more subsidies for either one of those. >> i want you to just take a look okay you don't have to agree but toipght look in my eyes. i guarantee you, i guarantee you, we're going end fossil fuel. >> there's no question i'm in favor of banning fracking. [applause] >> here to react to gop congressional candidate pennsylvania, the author of a new book called one true patriot sean parnell this is very much your issue too you're trying to win a tough district in pennsylvania which the president has to win with this 20 electoral votes what do you believe? >> well, i mean you certainly don't believe the joe biden is going to protect fracking you played a ton of b-roll talking about him banning it kamala

harris is talking about banning is on day one. on the unity task force energy and environmental task force bernie sanders on record for about a decade talking about banning fracking. the co-chair of that task force is if that's not enough the actual unity task force plan reads exactly it supports investing in the education and training of unemployed energy workers for jobs and clean energy related industries. so if we don't believe me or believe own words of joe biden and kamala harris read their plan it accommodating for unemployed workers why would a plan have to accommodate for that if it wasn't going to put energy workers out of business? >> so also important too remember the vice presidential debate seems like two years being but susan on his website he says my plan for energy over

in my term will be based on the framework of the new green deal. so we could say i'm not -- the new green deal is not what i'm doing but it is the foundation of his energy plan. >> yeah. it says his website says that the green new deal is a crucial framework to meet the energy demand that we face of the day it is right on his website. now, brian there are 117,000 jobs in and around oil and gas industry here in western pennsylvania. we need to be protecting those jobs and unshackling our economy not advocating for banning entire sectors of our economy. so to set the record straight, joe bide and kamala harris are talking about raising taxes on 82% of americans while simultaneously banning sectors of our economy during a pandemic and an academic crisis i don't think we should do that. >> sean, you are a vet best selling author when the president was running in 2016. against hillary clinton and he shocked everybody and won

pennsylvania look at the clear average now biden versus trump. biden now is 51--39 roughly 34% advantage how do you explain that and i'm going to tell you what the cooke report says they said trump campaign is same thing as you. they're banking on how many eligible white voters that stayed home with no college education last time, in 2016. that number is 2.4 million. they were disenchant west side their options last time how do you get them out to defeat and president defeat joe biden? >> well i'll tell you this. there's clearly a disconnect between the polls and what is happening on the ground. i've never seen enthusiasm like this in my life i was able to go to the president rally and media reported that there were a couple of thousand there were 15,000 people there in a small town of western pennsylvania he came to my district there were several thousand people there as well. i mean, i've never seen enthusiasm like this for a president in my entire life.

and so clearly there's a disconnect between what the polls are reflecting and really what's happening here on the ground and look, look at the numbers. republicans have registered 160,000 over 160,000 new voters in the state of pennsylvania since 2016. and my district in pa17 in battle ground we're outregisterring democrats here. so that actual state of pennsylvania is more favorable for trump in terms of voting registration and voting by the numbers than it was in 2016. brian: it is going to be exciting i know you're in a flat-footed tie the president will be in john town, pennsylvania, tomorrow. thanks so much within sean best of luck. >> thanks brian. >> you have it. brian: we invited kamala on have not heard back steve checking voice mail so -- nothing steve, thank you so much. you a favor. coming up next, democrats warning that the affordable care act will be over if judge barrett is confirmed to the

supreme court. take the full screen dr. siegel takes look at that. we'll weigh in. we've got you covered, in every way, giving deep cleaning a whole new meaning. and if you don't have insurance, we'll give you an extra safety net, too, with a free new patient exam and x-rays. at aspen dental, we're making it alright to feel safe and get smiling. we promise. call 1-800-aspendental. i remember herwho was because she had a bracelet that had the names of her children. she asked me, 'doctor, am i going to be okay?' and i could not give her the answer that i wanted to give her. there is no excuse for why we don't have this under control at this point. joe biden listens to medical experts. he actually has a plan that does the things that we should have been doing many months ago. and joe biden is not going to let his ego get in the way

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the gulf coast now beginning a long cleanup process around 200,000 louisiana homes are still without power. and overnight police declare a riot in portland as protesters topple statue and smash windows. monuments dedicated to president abraham lincoln and theodore roosevelt pulled to ground their base is vandalized with spray paint and rioters smash windows of several buildings including oregon historical society. it is unclear if police made any arrests. steve. steve: ainsley, thank you. some democrats expected to focus heavily on judge health care during judge barrett's kifnlings hearing starting today. senator chuck schumer already calling for her to recuse herself on key cases. watch. >> given judge barrett's conflict of interest, she should recuse herself from any decision involving the affordable care act and any decision related to the election that we will have

on november 3rd. steve: what impact could this have on health care let's talk to fox news contradict tore author of the new book comes out tomorrow. covid, the politics of fear, and the power of science. doctor marc siegel doctor marc siegel gork good morning to you. >> good morning steve. steve: should recuse herself because mitch mcconnell would like to have a vote before november 3rd on november 10th supreme court supposed to hear an argument over the affordable care act. >> well, steve there's no way that she should be recusing herself she's entitled to an opinion and what senator schumer is worried sb previously she's called in to question the idea that the individual mandate was attacked. it was made a tax by john chief justice roberts to slide it through and she's brought that into question and we physicians feel the same way about it. because it mandated that people

buy a product that doesn't give them the care they're promised with huge deductible high premiums that have to be subsidized when you come to doctors office we've been over this you don't get the care you're promised preexisting may be covered but not in the doctors office she's entitled to that opinion but more importantly, he doesn't know what she's going to vote. he doesn't know what she's doing on the court we predicted roberts wouldn't do that so you don't say recuse yourself when you haven't stated that opinion yet. >> there you go stay tuned for that in meantime president is going to kick off today a sprint to the finish he's going to go down to do a rally at an airport in -- in the orlando area. stanford i do believe. doctor siegel, we don't know whether or not the president has tested negatively for covid. but he has said he said over the weekend that he's no longer infectious, and he's fully recovered. is that enough? >> well, i have some insight

sources on the white house on this steve been but first let me say that the centers for disease control came out with guidelines that apply to health care workers. so you can imagine if they're letting me go back to the hospital, after i had covid-19 which i did not have by the way but if i had it they're saying ten days later i can go back to the hospital where plenty are at risk that would apply to the president too. but inside information i have is that his culturals have been negative, i heard this from a top official. and that he's not virus is not replicating or spreading in his body that yesterday he had a protein antigen test which was negative. the other one the pcr test can stay positive for a while. but that's not active infectious particle but that it shows you have had it that's all. so there's a lot of evidence right now that the president is not contagious. >>steve: so he can't give it to anybody. >> correct based on what science we have he can not give it to anybody and cdc guidelines for health care workers should, of course, apply to him in addition

to the additional testing i just brought up. steve: all right in the meantime mark let's talk a little bit about this. the atlantic has a headline schools aren't superspreaders, fears from the summer appear to have been overblown because apparently they say that number of cases from schools is less than forecast. well that's surprising isn't it? >> hugely important steve. study out of brown university about one out of a thousand students looking at over 200,000 across the country got infected and two out of a thousand teachers and support staff at schools. s that very very low that makes us wonder what about collateral damage question saw here with all of the school closures. back in september, there was one estimate that 75% of major school districts are online but we're seeing the increase dental care, decrease immunization in a big way no assessment of children under two to see if they're developmentally disabled we can't intervene on public

heats and immunization if they're not in school and not to mention socialization needs important to find out they're not -- steve: indeed on friday you actually interviewed the president, and we have a soundbite from what he told you what he's learned about covid and the schools being closed. watch this. >> this is a contagious disease. and generally you get better from it but we have medicines that will help a lot. and if you look at mortality rate i think it is up 95 or 85% mark i think you've seen that you pointed it out to me. what we're doing now with the medicines and all the things is incredible. but you know, especially younger people you look i wish that open schools, i hope they open schools. some of the states are closed, and the cure is worst than the problem itself. steve: there you go, marc. >> collateral damage is right.

collateral damage of keeping schools closed huge and other point about the death rate 99.7% or more under age of 70 is the mortality rate and some of that is the treatments that we're seeing some of it is early identification. president put a spotlight on the polyclonal antibodies helping with those at risk and for younger people and children very, very low risk of anything other than a very mild case. steve: all right great discussion this morning. dr. marc siegel has a new book called covid pleks of pern the power of science. doctor thank you so much. >> thanks as always steve. steve: moving on senator chuck grassley of iowa cheered justice kavanaugh hearing what kind of questions should we expect for judge barrett? the senators gong to joins live, next. knowing who we are is hard.

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>> last four years i've seen unprecedented court packing. where nominees to fill lifetime seats in the federal judiciary to the american bar association said we're not qualified got jammed through. instead of passing a covid relief package that will help millions of americans who are unemployed who have been been infected whose businesses or employers have closed we're focusing on jams through judge barrett i think this constitutes court packing. ainsley: that was chris koon imho sits on judiciary committee and if they jam her through and protest iowa gop senator chuck grassley member of the senate judiciary committee as well. good morning to you senator.

>> glad to be with you thank you for having me good morning to everybody. ainsley: what's your response to what he said? >> first of all chris coons knows better his comments are absurd what we're doing is what has been done -- every time there's a vacancy on the supreme court. the constitution, the senate does constitutional responsibility of considering that nominee and that's what we're doing now in the case of barrett what senator coons and other democrats in particular senator biden don't want you to believe is what is in the democratic platform that they are going to add seats. we have nine seats for 150 years. and there's never been more than 9 seats. what they want to do is put ten, 11, 12, and maybe up to 13 seats on the supreme court so they can put four liberals on the supreme court. so that they'll have a majority and so that the court can once

again become a superlegislature. the type of people that have been put on the court recently are the ones who believed that the courts should just interpret law and constitution and not stretch the constitution beyond a reasonable, and democrats don't like that because what they can't get through to congress, they can go to the court to get done. and so packing the supreme court is not filling vacancy. packing the supreme court is adding a 10th, 11th, 12th or 13th seat. >> i can't believe that's their plan to tell us filling seats with judges what the president did is packing the court as if that has anything to do with the supreme court. it does not. senator, in all of your years have you ever felt as, though, an election would result in more radical change than this one between the adding of states, the attack on the electoral college and now adding two supreme court justices?

are all of those things rhetoric or are they real? >> i think you have to consider them very real. considering how biden, who was kind of a middle of the road person for the 47 years he was in the united states senate. and then vice president, and now running for presidency, he had to compromise with sanders in the progressives to get the nomination and so he's beholdenned to them and they're going to make sure he does it and when you do away with fill buster in united states senate and you don't have to force bipartisanship anymore, they will ram all of those things through, and it will very dramatically change the federal system of government where we divide things between washington and the states. and it will also compromise the checks and balances of government giving, making the supreme court a political body instead of a judicial body.

>> all right. senator, things are going to kick off there on capitol hill with her confirmation hearing, amy coney barrett here in two hours is minutes people see it live on fox news channel. people are wondering whether or not this kinchts hearing would be anything like the last one. if people have forgotten what the last one was like -- watch this. >> in yearbook -- you talked about drinking and sexual -- did you not? >> if you're worried about my yearbook have at it, senator. >> let's look at beach week ralph club contradict tore what does ralph mean in that? >> that refers to throwing up known to have a weak stomach. >> there was a time where you drank too much where you couldn't remember what happened or part of what happened the night before? >> no. i remember what happened. and i think you've probably had

beers. brian: are you expecting that granular detail with amy coney barrett? >> i think amy coney barrett is such a fine person, such a family person, such a mother, such an outstanding justice that they can't attack her personally but they're sure going to go after her strict construction of laws and the constitution because they don't like that. they want somebody on the supreme court that's -- that has the ability to look beyond congress to stretch laws of congress way beyond what congress intended. they want the court to be a superlegislature as it has been for a long time. and trump comes in and he puts three people on the supreme court that are going interpret the law not make law, and they don't like that. and so that -- and they see barrett as a threat so the democrats are going to go

after her as -- as not being very realistic on stretching laws. ainsley: senator thank you so much for joining us. >> thank you. ainsley: turning now to headlines police have identified private security guard accused of killing man in a rally in denver. matthew hired to protect a local news station. that station now reporting he wasn't licensed to the security guard in the city. the victim is reportedly been identified as a propolice veteran. he's held in jail and maybe charged with first-degree murder. disgraced olympian oscar pistorius remember him begging now for forgiveness from victim family paraolympic gold medalist serving 13 years in south african prison for shooting killing his girlfriend reeva steenkamp reports he told a friend he's found god in prison and he wants to hell her family he's sorry. he's more concerned about forgiveness than getting out on

parole. democrat could be on short list for attorney general if he wins the 2020 election. reporting that new york governor andrew cuomo on the list and sally yates former florida candidate stacey abrams all three considered cuomo new york attorney general is a favorite and his office says he's not be contacted about the role. >> confident up and starts believing in himself. meanwhile week five rustle wilson with the sea hawks victory in a final drive against the minnesota vikings this is what happened. >> fires, and it is going to be -- sea hawks win 27-26 cowboys quarterback done for the season look at this ankle badly broken. almost disconnected there from the body.

he was carted off had surgery crowd roared he's upsets he understands dax brother tweeting this photo from the hospital writing in part god is goode he'll be back stronger than ever. he might be most popular person in the league by even opponents. meanwhile atlantic falcons firing after losing to the panthers. the raiders stun the chiefs by the way, kansas city, up 40-32. the loss is the first for the chiefs in quite some time it shows how much how improved raiders are under john gruden. a shocker. and that's quick look at what happened yesterday in the nfl. thankfully we did not see giant highlights we did see dax prescott story, but that was a tough game. >> it was a rough -- i want to go over all of the wins for new york football if we have a second. >> okay. >> that's all it takes ten games no wins. can you believe this? between yankees and mets not making playoffings? >> what do we have, we have weather right now and janice dean joins with us the very

latest on the day ahead on this columbus day. >> and it is raining on brian's parade as well in new york. this is -- [laughter] the remnants of delta we have a cold front that's moving through the northeast so a wet day for much of the northeast. into tuesday, there's the wet weather. a lot of heavy rainfall, and cooler weather and some wind. so yeah not a nice columbus day unfortunately things will return to more seasonal conditions on wednesday with drier conditions as we get into the latter part of the workweek. also across the northwest getting several systems moving in with coastal rain, and mountain snow will continue to monitor that. unfortunately still dry for the rest of the west where they continue to deal with wildfire danger. happy columbus day, happy thanksgiving for our friends in canada. as well including my mom stella. >> that's right. stella. >> she's watching our second favorite country. we love her.

thank you. >> thank you to everybody out there for making my wife kathy and my -- happy in a cook book number one in the world this week once again. somewhat book in the world? >> number one book in the world. not only features a lot of recipes for fox host, including brian, and ainsley and sean hannity and judge jeanine and the bare family but also lone survive marcus luttrell a lot of you got his cookbook on friday, and as soon as he did, he sent me this video. >> kathy hey i want to send you a shoutout one of the greatest joys of my life when i get to eat my mother's prime rib 20 pounds of just goodness. raising big in this family so question like to eat. another great joy of mine is when i saw her face when she saw her recipe in your cook book so thank you for that. i owe you brother thank you for

putting smile on my mother's face thank you for incorporating us, and wonderful book. man we use a lot. we love you guys god bless y'all. stay safe up there thank you again so much. for all you've done for us and my family. >> right there -- what's up mom you made the book. [laughter] >> how great is that? >> so getting taller, i think. marcus mom's prime rib is in holiday chapter of happy an hurry thanks to so many of you gotten it. are giving it a gift perfect gift for christmas, so many of you have told us get your copy wherever you buy a book for a limited time if you sign up for fox nation get the cookbook absolutely. >> i've met his mom before she's so wonderful raised great guys and they're heros. we love marcus. all right. >> that prime rib is delicious just saying. >> i have yet to cook it i'll have to this weekend or next weekends. thank you steve. ahead of today high stakes hearing former clerk of judge

amy coney barrett is coming to her defense why she says barrett is right choice for the bench, coming up next. don't worry, julie...

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>> just hours from now you can see the count down at the bottom of your screen confirmation hearings will begin for supreme court nominee judge amy coney barrett on capitol hill so what can we expect at the potential justice does take the bench lexy lurk for the judge, just last year, and she was a student also in her law school. and the law school at notre dame thank you for joining us election lexi. >> thanks for being here describe her for us. >> judge barrett is a brilliant judge incredible person she's supremely well qualified as people from all phases of hadder life and all walks of life add to that american bar association just yesterday gave her a highest rating of well qualified. and she's a person of impeccable care and conviction. i think people tuning in to the hearings this week who are otherwise unfamiliar with her, her record, will conclude that she's not on brilliant well

qualified, but a person of incredible character who will serve our country with distinction. >> democrats are worried her catholic views could influence her decisions do you think that's the case? >> i don't. judge barrett is a person of faith, and she's genuine about that and evident in her life but when it comes to her decision making process she's been very clear that her personal police chiefs of any variety have no place there policy making and policy preferences are for political branches and a judge rule and her view is to apply the law as it is written. >> i know she was silented as distinguished professor of the year three times and i understand at notre dame that's chosen by law school graduating class how difficult is that to get are there a lot of professors she's competing with to get that? >> there's a lot of professors there's a lot of great professors so it is, it is quite an accomplishment so well deserved she's a beloved professor. she was tough in class but always encouraged open dialogue. press back on all view points to make sure as students we were

reaching most principle answer no matter what our view point is and i think she brings that same approach to the bench. >> thanks for being with us lexy glad she's influenced your life. >> you're welcome. >> thank you. >> coming up we have the senate judiciary committee chairmanman and kayleigh mcenany. look at that list. it's time for sleep number's fall sale

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just hours confirmation hearing will begin for supreme court nominee judge amy coney barrett. we shouldn't be having this hearing it is rushed. it constitutes court packing. america has to go to work including us. rnch don't voters deserve to know. >> no they don't i'm not going to play his game. >> it is grotesque biden won't answer that really basic question. >> i mean this is a distraction that they want to throw out to distract from the fact that they are trying to ram through a nominee. the president is back in action ready to hit the campaign trail. >> to run a country you have to get out of the basement, and it looks like i'm immune. >> expected to rally voters in florida as joe bideen heads to ohio. >> and it is going to be -- for a touchdown. ♪

ainsley: that is fox scare rainy day here in new york. but that's okay we're all in good moods waking up at 7:00 here on east coast it is going to be a big week started out with my dad's birthday yesterday. >> happy birthday. ainsley: and then confirmation hearing for judge amy coney barrett starts today you can see the countdown clock at the bottom of the screen as soon as this picture is taken off. you'll see the count down there it is. one hour, 58 minutes and -- 45 seconds. so today it will be lindsey graham speaking then dianne feinstein and senators have ten minutes to do their opening sames then three people will introduce judge barrett and she'll be sworn in and she'll have her opening statement. >> right and then i want to wonder what senator will be quoting from her high school yearbook that's the time where i usually tune in. i like say 22 days and counting till we have an election day but mine million of you have already voted and no new york you have two options because most of are getting two ballots you have a

requested -- it is amazing what is going on with this ballot mail-in ballot in new york. >> there are people getting two ballots i know four or five if you read new york post they said sorry we have a vender that made that mistake so they said fill out the second one i think is the rule. tell me that doesn't make you nervous about this? >> man oh man. buckle in because there's plenty still to go 22 dayslet see what happens. but the big topic today is, of course, the confirmation hearing of amy coney barrett griff is live in washington, d.c. with the very latest and griff it is geng to be a busy week. >> it sure is. steve ainsley brian you mention weather it is a stormy monday here in d.c., and that's the appropriate back drop perhaps. because this is going to be a brutal fight remember some didn't want to meet with her and now you've got the hearings kicking off in less than two hours with senators some virtual

and making history because it is close to that election and despite the covid challenges, the chairman lindsey graham say he's plowing forward. watch. >> we're geng to work. we're going work faithfully if you don't want to come to committee hearing you can interview the judge virtually i'll be there she'll be there. the hearing starts monday, and we're going get this fine lady confirmed out of committee, by october 22nd. brian: fighting this every way possible community member kamala harris tweeted this -- saying by moving forward with supreme court kifntion hearings tomorrow less than two weeks after members tested positive chairman graham and senate republicans are endangering lives of not just our members, i and staff but hardworking people who keep senate complex running. republican senators mike lee and thom tillis members she's referring to both having tested positive in recent days. now, if confirmed, barrett will

become the fifth woman to serve on the high court and in a preview of her opening same, we expect her to praise her mentor antonin scalia in adding this line, quote, courts are not designed to solve every problem or right every wrong in our public life. the policy decisions value judgments of government must be made by the political branches elected by accountable to the people. among the major issues coming up we expect to hear questions about abortion, gun rights, immigration and health care. democrats are expected to particularly hammer her on obamacare. now all of this gets started in less than two hours, we're going see barrett graham and ranking member feinstein in hearing room, and be unclear who will be virtual who won't be we'll have to find out as you mention ainsley we won't hear until later this afternoon because of the ranking member and chairman statements. and of course soliloquies by ten other committees. >> well put.

>> there are 12 republicans and 10 democrats we're told that kamala harris will attend remotely. that's what our sources say. >> attention on her line of questioning. speaking remotely. ainsley: author of the brand new book follow the money, the shocking deep connections of the anti-trump question about that from friends that i ran into dan get into that in a moment but first we wanted to get to your reaction joe biden refusing to answer the question saying on friday don'ts deserve to know his stance on the supreme court and steve call it is wave act machine, and 1983, look what he said about it. >> president roosevelt clearly had the right to send to the united states senate in the united states congress a proposal to pack the court. it was totally within his right to do that. he violated no law. he was legalistically absolutely correct but it was a bone-head idea. it was a terrible, terrible

mistake to make. and it put in question for an entire decade the independence of the most significant body including the congress in my view the most significant body in this country. the supreme court of the united states of america. ainsley: dan what do you think do you believe that joe biden or do you think he would pack the court? >> this is stunning. think about what we're talking about. let's define what packing court means because you know we this is what we do for a living right? most people they have to take their kids to soccer practice i'm not sure if they understand what packing the supreme court is. it is equivalent of the destruction of a branch of government. it is the addition of judges endlessly based on political win in the presidential election adding judges, which would render the court entirely irrelevant and just a function of who won the last presidential election? you would have effectively no branch of government that court

system that's designed to legally rule on things to give people a sober view of what they have to be totally destroyed you win the presidential election whatever you want you just pack more judges ten more, 20 more, 30 more, 50 more. it doesn't matter thisgraph tiff this is unbelievable one more point on this this is joe biden campaign i'm not kidding biggest con job in presidential election history. this guy debates himself on everything. on fracking, we're getting rid of fracking. on fracking we're not getting rid of fracking on tax cuts we're not gong to cut your taxes. we are going to cut your taxes he's just all over the place. on court packing, he's -- this is just a total con job on american people and it is frustrating because you can't debate joe biden because you don't know which joe biden is going to show up. >> in your book you look at this whole investigation of what led to donald trump replacing joe biden, and barack obama as president of the united states. and then the two years that happened with the relentless

investigation two and a half year and we're trying to unwind investigating of the investigating the investigators. so we're trying to figure out what went down then. so rod rosenstein has been trotted out he said if i knew what i knew now i wouldn't have prompted investigation. then no fisa warrant and james comey with short-term memory loss not available for him but now we try to find out the president is in a springt in 22 days to let the american people know what happened. and he is frustrated i heard that in his voice with marie yesterday listen. >> are released at a level now nobody has ever seen before and things people thought won the get released you're seeing it and you're seeing what's goingen. on we caught them cold we have them cold and now they have to do something about it. but other -- documents are going to be released maria -- which are breathtaking. wait until you see what's coming out. >> this plays into your book but what do you think that he's --

teeing up? >> listen very carefully to what he said there. remember, christopher steele primary source was not interviewed once he was interviewed three times. we haven't seen three and fbi summaries. what else did he tell the fbi about just how terrible and awful this dossier was and phony it was don't forget bill clinton sought that sech for 500,000 to meet with who a technology executive for russian technology project that stole our technology to create hypersonic missiles to kill us. that's who bill clinton wanted to meet with and project he was working on promoted by his wife and companies involved in the project donatinged to clinton foundation you didn't hear that did you by the way that's all document not a conspiracy theory you can look it up for yourself i address those topics in the first two books this last book i didn't plan on writing ties it

together shows you how scandals are related includes chapter i've been getting a ton of feedback on if you read amazon review about the obama fixer. guys obama knew the whole time and it's so clear when you look at the role of his fixer. that's the last names she was given. it was his lawyer, and kathy is involved in all of this. do you think it is a coincidence that obama lawyer in the white house who was involved in the irs scandal, the coverup of benghazi the secret service scandal she fixed air quotes all of this. she all of a sudden appears in the biggest scandal of all in spy gate every single junction, think about it. who is the lawyer, right? for mueller's primary witness judge nateer in the case. kate kathy and supervisor involved in spy gate ding, ding kathy appears again. who is the lawyer for the dnc when they have to defend themselves against carter page

lawsuit about the dossier would never guess guys kathy ruemmler balm fixer appears again yet you never hear her name ever. she's, i have a whole chapter on her and if you read the reviews that's one that's been blowing people's minds the most how you never hear her name at all. >> we've heard a lot so far from you there's her image a quote out of your book follow the money available everywhere. you rei write to say obama was a huge fan is an understatement she called her an outstanding lawyer with impeccable judgment requested she postpone departure from the white house three times but finally did leave she said i deeply value her smart -- her judgment, and her whit most importantly her uncanny ability to see around the corners that nobody else anticipates. >> right. >> in addition, dan, to kathy ruemmler a couple of the other so-called major deep state players as you refer to them, you've got kathy ruemmler you have somebody by name of steven

and anthony frante who are they? >> fascinating you have heard of them that line about ruemmler is key ability to see around corners was that ever -- but another fbi agent you haven't heard of who was the handler for the spy in the case. this guy appears in every key junction again nobody knows who he is. and in anthony frante comey inside man for inside the white house another guy who leaves white house and what does he do? he goes to work for company to china to verify dossier after he leaves fbi. and then he signed back into the white house after he leaves the fbi by his replacement. >> kathy rummer in worked in the white house? where did steven and anthony work? >> they were both fbi agents, and interesting character because every tim they need new information, stephen shows up to spry to produce it and who is handler this guy steven who

worked in new york field office with the handler for who, christopher steele. the guy who wrote the dossier and yet you never hear these names. because everybody is obsessed with peter strzok and jim comey they did a lot of bad things but players in this, the guys who made the -- you know, ole the machine. they're ones we need to focus on i'm telling you ruemmler is key to this whole thing obama knew everything by the way, steve, your intook awesome i have it right here i love the tacos, kid rock chapter but for a minute can you get out of the top spot. just leave something for the rest of us it is a great book but tacos are fantastic kid rock making me laugh but for a moment give us space up there. come on. >> buy the book for something heavy. [laughter] for something heavy and in a different way buy steve. >> taco stories those are great. what released exposed because that was the question i was talk to my parents yesterday some of their friends got on the phone they wanted to know when do we

see all of this investigation unfold? >> god forbid donald trump loses, never. i'm dead serious. it will never be released if he wins i can only hope soon never ever hear the real story of what happened here. if he loses this election, it will be buried forever and sad thing is, it will happen again. god forbid but it will because there's been no justice for this at all. >> well the report coming out after the election i never heard the president so angry, in fact, he said i would tell attorney general barr to his face how angry he is. >> yeah. >> he should be furious the guy was spied on there's no doubt about it. you paid for it through the pentagon office of medicine assessment your tax dollars paid for a presidential candidate and president to be spied on how do you like them apples and nobody knows about it and on the left or media even cares outside of the network. >> dan do you believe that information in july, that hillary clinton the russians pecked up information that

hillary clintons looking to die verge from her e-mails by creating russian link to trump do you believe that was russian misinformation or authentic? >> no, russian disinformation thing is nonsense but i can tell you why. do you think john brennan cia director is going to brief president obama which we know he did about this information? about russian disinformation? think about that guys i work in the white house the president time is valuable you don't quack in say this is all a lie but let me tell you anyway because you have nothing else on ab monday morning, of course, it wasn't russian disinformation so concerning they briefed obama about it. >> well, speaking of concerning, dan over last couple of weeks when you have joined us on monday talking job health you have had health challenges you were up here in new york city for a procedure. how are you? >> i was. i'm, you know, i'm not good i don't to lie to anybody. i don't anybody to worry about me i'm young, strong everything will be okay but they removed tumor that doctor was amazing. god bless his hands he took out

a 7 centimeter tumor out of my neck i'm waiting for pathology report this week hopefully by wednesday and thursday. so you know, news isn't great but i'll be all right i don't audience to choir about me and fox and to say amazing, i mean it is probably an understatement all of you i've heard from every single one of use and you right here on the panel and i know the audience doesn't get to know you personally like i do. but i do, and it is a blessing to work why w you all and staff at fox has been incredible really. gavin sent flowers to my room. >> the feeling mutual it really is an honor to work with you all. >> doctors that work at fox have talked to you pulling for you they all seem optimistic too so praying for you. >> coming back to new york for a treatment perhaps? >> yeah once we get a schedule, depends on what kind of, you know, what turns out to be. obviously treatment will be different but yeah probably be coming back a lot seeing much more of in the big apple than

you planned on so -- >> we're all praying for you. we're pulling for you. you've had a rough time america let's make this number one book in america right now. it is called follow the money the shocking deep state connections of the anti-trump ball. dan, be well. see you soon. j thank you. >> my department is close to your hospital if you need anything right around corner letterly. >> i know you guys are great. thank you very much. ainsley: 17 minutes after the hour, still ahead, joe biden and kamala harris long telling voters this -- >> guarantee you, we're going to end poses fossil fuel. now saying opposite ron that mcdamage on what vote rs should really believe next.

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>> no matter how many lies he tells i'm not, not, not banning fracking. period. >> okay period. joe biden and senator kamala harris doubling down on claim they won't ban fracking. but it wasn't too long ago they were telling people this -- >> could there be any place for fossil fuels including coal and tracking in a biden administration? >> no. >> i guarantee you, i guarantee you, we're going to end fossil fuel. >> no question in favor of banning fracking. >> i'm confused let's talk to rnc chairwoman ron that

mcdaniel before we talk about his flip-flop on fracking you have breaking news you've been hold up there at your house with coronavirus for a while. but what happens today? >> i just got all clear from my doctor. i'm ready to go. i just told you steve i'm going to go buy your book now that i can taste and smell again. >> thanks. >> more than anything i'm excited to go out to campaign so i got all clear. steve: speaking of campaigning joe biden is out campaigning you heard him yesterday said i'm not beginning to ban fracking. but then we heard a while back yep, going to pull a plug on it. isn't that going to confuse people in states like pennsylvania? >> i think everybody in pennsylvania now knows joe biden is a liar. he's lying, he's lie to get elected he's lying about -- a stacking the supreme court. he won't answer the question. he's saying you know what america, i'll let you know after i get elected how i'm going to governor. we'll find out where he's on fracking after he's elected it is so arrogant dismissive of the voters the way they're running

this campaign, of course. the media is complicit. they're not asking him tough questions. but, of course, they're going to ban fracking and ban supreme court and get rid of the filibuster on greater power grab in history of our country and they will burn down the constitution and get rid of the third branch of government. that is what we're up against joe may seem like a nice guy. nothing he is running on is nice for this country. steve: the president a couple of hours ago tweeted this out. record 96% approval rating in the republican party. 53% approval rating overall, record 56% say they are better off now than they were four years ago according to gallop during obama sleepy joe administration and round turn on china plague thank you next year will be the best ever. as we see the president take off for a rally later today, down in florida, in sanford, florida is that the message he's going to be putting forward i'm doing a

good job for you. you're giving me good approval ratings and next year is going to be even better? >> yeah the president gets to run on one, we were in such great shape before this pandemic record low unemployment jobs were coming back or economy was coming. through this pandemic, he's ramped up testing we're close to a vaccine. he's led us through this and now the best is yet to come. because this is a president who is going to be in it with us. he's gong lead us through this, and future is even brighter than we can even imagine. under this president, and that's the closing argument for this president, and joe biden wants to transform america. the country we know and love will not exist under joe biden and he's been dishonest with american people. there are no two greater contrasting visions for the future of this country than these two candidates are putting forward. and if you want to keep america, america you need to vote for trump take back the house. >> clearly you see polls i know the campaign doesn't put a lot of stock in mainstream media

polls but you do do internal polling and you have new numbers back. and i know you don't want to be specific but can you give us a trend? >> let me just say things are looking very good. the energy is there knocking two million doors today i feel good go to donald j. trump.com volunteer donate we need to finish strong and save this country we live in the greatest nation on earth. help us reelect president trump. steve: all right she's ending her covid quarantine today rhonda mcdaniel glad to hear you're doing better. >> thank you. >> there you go meanwhile ahead of today's high stakes hearing, a lifelong friend and former colleague of amy coney barrett coming to her defense why he says she's the right choice for the bench, coming up next.

back with headlines now starting with extreme weather. hurricanedale tay now being blamed for at least three deaths to louisiana. 86-year-old man died in a fire from his generator 70-year-old woman was also killed in a fire likely caused by natural gas leak. the third death was in florida where 19-year-old tourist caught in a rep current. the gulf coast now beginning cleanup around 200,000 louisiana homes are still without power. elsewhere, today marks the navy

marks 20 year since terror attack in u.s. coal on october 12, 2,000 and bombers hit in yemen 37 other sailors were injured moment of silence will be held this morning at navy bases around the world. survivors of victim families members will gather for ceremony in norfolk where it was stationed finally negotiations over the next covid-19 stimulus package are hitting road block the white house urging congress to vote on individual relief measures saying they, quote, all or nothing approach is not acceptable. comes after nancy pelosi rejengted a 1.8 trillion dollar offer from the white house she called it grossly inadequate. and we have added this. we remain at an impasse what can you get for 1.8 trillion. >> president trump supreme court nominee judge amy coney barrett is set to deliver her opening remarks on her judicial philosophy as the senate confirmation hearing begin this is morning count down there at the bottom of your screen her remarks obtained by fox news

read in part justice scalia taught me more than just law. he was devoted to his family resolute in his beliefs fearless of criticism. and as i embark on my own legal career i rfl to maintain that same perspective. here with more of that philosophy is long time friend of her neighbor and friend of hers rick garnett thank you so much rick for being with us. can you hear us? can we fix his audio? there you go. it is working now. okay tell us i know you've been on before talking about her reputation she's the god mother to one of your children why do you think she's so right for this position? >> judge barrett is a person of great integrity. obviously, she has impeccable professional qualifications, she's a well respected scholar and was a beloved teacher here at notre dame but i think it is really her strength of character, and the statement which you read excerpt from i think is really beginning to present that character both to the members of the senate

judiciary committee and to the american people. amy is somebody who is generous she's devoted to public service, and she's committed to the rule of law i expect that's what people like to see in a jurist. >> what can you expect from democrats as far as questioning is concerned because kamala harris is one of the ten democrats that sets on the judicial committee? >> i suspect that the democrats will be -- careful this time around who avoid some of the questions that came up during judge barrett's previous hearing and you might recall there was some questions that seem to be touching on her religious faith and questioning the ability of somebody of deep religious faith to be a good judge to fulfill her oath. but, of course, judge barrett like every nominee is taking an oath to follow the law and to decide legal questions not religious questions. and hopefully the senate democrats will stay focused on those legal questions.

ainsley: complimenting ruth bader ginsburg forever grateful for path she marked and life she led even though justices have diskt beliefs do you think her catholic belief will get in the way of some of her decisions that so many democrats are worried about? >> well i think the tribute to justice ginsburg was appropriate as you know she was very close friends with judge barrett's mentor justice scalia i think that friendship is a real model for not only for judges but for all of us as citizens in terms of judge barrett's faith she's made no secret of the fact that she's a practicing and believing catholic but i like to think that days are behind us when we worry about whether catholics can be trusted to keep the oath that they take judge barrett understands the judicial role. she's made that clear. and she will take an oath to do her best to decide questions on the bass sis of law and not on basis of personal religious beliefs or any other kind of

beliefs. >> she can hold her own number one student in her class at notre dame you've talked to her few days ago. is she nervous? >> i doubt if she's nervous. but i bet she's appropriately humbled by this opportunity. i'm sure she take it is very seriously. >> thanks for being with us again. >> thank you. still ahead as ballot over as battle over the mail-in ballot plays out across our country, one crucial battle ground state now blocked from accepting ballots that arrive after election day and sean duffy what this means for results in his home state of wisconsin, next. when joe biden wants an update on the virus,

he calls on the nation's top health experts. working together, for all americans, is what joe does. when writing his healthcare plan, joe biden worked with both doctors and patients to make healthcare affordable by lowering premiums, reducing drug costs, and protecting people with pre-existing conditions. joe listened to both small business owners and workers to create his economic plan that cuts taxes for middle class families, creates 18 million new jobs in his first term, and raises wages by as much as $15,000 a year. joe biden's plans will help working families immediately

by making the super rich finally pay their fair share. for joe, it's never been about ego. it's always been about the work he can do for working families. it's what he's always done. joe biden brings everyone to the table and gets it done. i'm joe biden, and i approve this message.

♪

welcome back everyone 22 days until elections until we get a new president perhaps or get renewed for old one and we also know this as well, that in a matter of an hour and a half, we're going to see the beginning of we think is going to be a confirmation process of amy coney barrett. now the song that we came in with is timber and the relation to our next guest is he made his name attracted his wife by being a lumber jack he wore plaid sometimes line sometimes not put all belt around to go up a tree and cut it down just look they did in the 1700s. >> you don't go up a tree and then cut it down otherwise you go down with the tree. >> okay. >> are we live? >> i should probably do that. bring in shawn duffy a lumber jack by trade now we're paying him for his advice. i cannot wait to see how much better you are now that we're giving you checks. [laughter]

congressman congratulations welcome back. ainsley: something else on his resumé i understand you're a fox news contributor now? >> i am thank you for having me excited to be part of the fox news family join my wife been you for a number of years rachael picking music this morning i guess. >> absolutely. by the way you have to sub life from her your studio correct? >> exactly. >> but i son more from her. >> listen as you know at 9:00 as if we don't have enough going on amy coney barrett goes in front of the judiciary committee at which time they go into try to tell america that she's going to make abortion illegal, and she's also going to destroy the obamacare. that's their goal. rather than the personal attacks, do you agree with that? >> well, yeah i think that's what they're going to do by the way they're going to say that nomination amy coney barrett is going to be ripping up the constitution. we're going hear all of that as senators give their opening statement today but i think when

we get to the end we hear amy coney barrett give opening statement has been released it is pretty common sense and pretty even keeled here you have a jurist liberals and democrats should love she's someone who believes she doesn't take personal opinion impose them into superimpose them into decisions she believe she is follows law in the constitution. she interprets the law in the constitution, and makes decisions based on that not a personal opinion so -- liberals should be pleased with that philosophy and put swords away today and i don't think they will. >> well, kamala harris is beginning to be in attendance remotely she's going to be in her office. and she's one of the democrats who is angry that the republicans are having these hearings, putting people's lives in jeopardy because of the coronavirus. meanwhile joe biden has a different attack he said this over the weekend down in delaware, about what the republicans are doing. >> only court packing going on

right now. it's geng on with republicans packing the court now. it's not constitutional what they're doing. the fact is that the only packing going on is this court packed now by republicans after the vote is already begun. i'm going to stay focused on it so we don't eyes off the ball. >> so he say what is republicans are doing is unconstitutional which is funny because in 2017 he said that senators constitutionally required to give the nominee a hearing and a vote. and they're not packing the court they're not expanding the number the number is nine there is a vacancy right now. >> right steve so the court packing which you expand and nine justices right now they want to put on four more justices to court pack it and give them a 7-6 majority and when there's a vacancy president nominates and the senate advises

consent that's in line with what our founders intended but i think democrats think that if they say court packing enough, they can confuse american voter that actually filling vac cant seats is court packing but i think more than that brian, and steve and ainsley, when you look at joe biden most of us thought that joe was supposed to be moderate democrat he was in charge not the left wingers like aoc and biden but when joe come out to said i'm not going to answer the question on court packing. ping it shows his hand that he's actually being controlled by the left side of the party. if joe doesn't believe in the court packing come out say i don't believe in it and if you want to pack the court let us know we should be tiebl vote on what's happening with a third branch of government is it going about it a nine justice court or is it going to be a 13 justice court? those are really important issues that american voters should decide the election on. and by the way, joe knows that if he's going to pack the court most moderate voters most suburban moms most catholics will come out in opposition

driven into the hands of donald trump. >> what would that mean or the future of the republican party if they make see a state and they make puerto rico a state. presumably all democrats so four democratic senators would get an office, and then they can pack the court what does that mean for future of republicans? >> well, i have a little different opinion on puerto rico first of all if d.c. is a state they're going to have, you know, two liberal senators. but with puerto rico, you know, it is more of a swing area and this representative for puerto rico is a republican you saw the governor of puerto rico just endorsed president trump. that will be more of a battle ground but i think democrats are looking at puerto rico because they think they can bring it further to the left. but again it would be a real issue for republicans to again gain control of the senate and begin to win presidential election now you're going to have the voters in puerto rico and in d.c. actually count on election day. >> right now they don't. >> sean do you believe president

is trailing in wisconsin right now because i haven't seen a poll with him up. >> no so the recent poll i saw which was marquette had the president down five points. i think this is a jump all it's 50/50 race and wisconsin will turn down to turnout mowf madison they're liberal, very energize to the vote against donald trump but man we've had both parades, car parade, travel around republican communities, is geng to walk over glass or hot coals to vote for president trump. so a bit of ground game will win wisconsin but polling is far too off right now. president trump is definitely in the race in wisconsin. >> speaking to wisconsin, sean, apparently what they had wanted to do was they were going to accept ballots after election day and they would count them later and then go back and give a new something like that. wisconsin has been blocked from accepting the mail-in ballots from unless they come in by election day they're not going to count.

>> get this absentee voting started in wisconsin on september 17th early voting starts on october 20th there's plengts of time for all of wisconsin if they don't want to the show up on november third to get their ballot in if you can't get to the court by november 3rd we agree it shouldn't be counted but i'm not surprised going down on this lane because this is the group that wanted -- illegal immigrants to vote down in florida. they voted democrats voted against a resolution in the house. and to ban illegal immigrants from voting. this is the party that wanted the boston marathon bomber who is in prison and terrorist they wanted him to be able to vote. so they'll go to any extreme to try to get more voters in. on election day and by the way, you extend vote past november third a allows more shenanigan 10 or 15 votes down it gives democrats opportunity to stack and win the state by fraud but not by message. >> yeah sean bad news for michigan eve this 13 days to get

their ballots in but such a tragic -- ainsley: sean, thank you so much. >> good to be here. welcome to the family. >> it is 7:47 here on east coast trump campaign releasing new ad highlighting support from black voters. >> ballot majority that see what you're doing that there is no american president since lincoln that has had the impact of black america that president trump has had. >> joe biden supported crime bill. >> paris from black voices for trump says it is all about hearing from real people and he joins us next. my nunormal: fewer asthma attacks. less oral steroids. taking my treatment at home. nucala is a once-monthly add-on injection for severe eosinophilic asthma. not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing.

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♪ all right to trump company making a new push for black supporters why they're backing him for reelection. >> ballot majority of us that see what you're doing. there is no american president since lincoln that has had the impact of black america that president trump has had. >> black voices for trump advisory board member paris joins us now with more. i saw the ad it's pretty powerful. what sold you on the president's

agenda going in and through his fist term? >> thanks for having me brian. listen this president has been a leader when i saw him back on campaign trail making direct pushes to the black community saying what do you have to lose look at the state of the condition of community i want to be a champion i want to fight for you. i said this is a person who has experience and leadership of the capability to fight for our community. and he's done just that. and so when i saw him keep all of the promises that he's made to us, and they do even more by criminal justice reform, there's no doubt in any mind that this president will go down as greatest champion for black community since abraham lincoln. brian: when you look at first step become and down to opportunity zones is that part of it? >> oh, absolutely it's not just an opportunity zone and the tax cuts and deregulation it is the historic support for historically black college and university funding them for ten years through the future act it is his support for school choice. and charter schools it is the

fact that this president has led the way for the criminal justice reform righting wrong that 1994 crime bill that wrote and looking forward to platinum plan a targeted for the black community for black empowerment for capitol investment and access capitol 3 million new jobs 5,000 new black businesses this is an important plan. making the kkk antifa terrorist organizations juneteenth holiday holistic plan is second agent that all black all americans should get behind. >> you know, i watched over the weekend seeing passion that you have right now. do you think that the campaign and the president has done a good job in getting that message out to the black community in the areas in which urban environments with so many african-americanings live? >> i do, i think it is in part because of our black voices for trump community centers in over

a dozen communities in black communities all across the country. we're in detroit. we're in cleveland we're in jacksonville. we're in specific areas and we have people that are from the community that are hired on who are door knocking who are doing phone making who are in the community -- sending out message that president trump has been a champion for our community and not just saying with rhetoric but showing with the facts platinum plan and accomplishments he's done since 2016. making a difference. >> real quick mccain, the president got more african-american votes than john mccain and mitt romney. what's the number you're shooting for now what percentage of the african-american vote in the country? >> there's no doubt that president is getting more than 8% but got last time i think better than 13% exit poll for young black men. senator tim scott says 10% or more it is done i think the president can do just that. brian: paris thank you so much of look forward to seeing you again. >> thanks for having me. >> strailgt heated in the final

hour we're just about an hour away from the start of amy coney barrett confirmation hearing it will be historic we're live inside the hearing room in a matter of moments. plus senator lindsey graham before he goes to that room, will come to our show. he'll be with us live as senate of the committee and white house press secretary kayleigh mcenany how soon before she can get back to the white house. don't move.

a woman who was young had covid-19. i remember her because she had a bracelet that had the names of her children. she asked me, 'doctor, am i going to be okay?' and i could not give her the answer that i wanted to give her. there is no excuse for why we don't have this under control at this point. joe biden listens to medical experts. he actually has a plan that does the things that we should have been doing many months ago. and joe biden is not going to let his ego get in the way of fighting the disease. ff pac is responsible for the content of this ad.

♪ ♪? >> amy coney barrett, today is the first day of the confirmation hearing expected to last for four days. >> we shouldn't be having this hearing. it's rushed. it constitutes court packing. >> packing the supreme court is adding a 10th, 11th, 12th or 13th seat. >> don't the voters deserve to know -- >> no, they don't. i'm not going to play this game. >> president roosevelt clearly had a right, but it was a bonehead idea. >> you have to run a country. you have to get out of the basement, and it looks like i'm immune. >> the president today will leave the white house for the first time since he returned after testing positive for covid-19.

>> the first pitch up the middle, and a double play! ♪ ♪ brian: where it all happens. amy coney barrett will sit there, front and center, and listen to a lot of senators. republicans glee efully go through the process. it plays a role in the election 22 days away. we know that both candidates will be busy this week. on monday, today, joe biden's in toledo. on tuesday he is in florida, and on wednesday he's going to do a town hall in philadelphia instead of doing a debate. and for the president of the united states, he claims, according to axios, he told his staff, put me on the road every single day, i'm going to do a rally up until the election. steve: because he says he is no

longer infectious. don't know whether or not he's gotten a negative covid test, but he says i can go. what's interesting about that room that we just showed you, the hart senate office building meeting room, is the fact that kamala harris, who sits on the committee, is not going to be there because of the threat of coronavirus. so she will be skypeing in from her office. ainsley: yeah. there are 12 republicans and 10 democrats that sit on the judiciary committee. we will be watching that. we're 57 minutes, roughly, away from that. she was selected as the distinguished professor of the year three different times, chosen by the law school graduating class. she earned the law school's highest honor, and she was number one in her class at notre dame. griff jenkins is in d.c. with what we can expect today. >> reporter: hey, good morning. we expect fireworks to fly in that hart room 216 in less than an hour, and history will be made. as you mentioned, some senators appearing in person, others

virtually. despite all the covid challenges, chairman lindsey graham says he intends to get barrett through committee by next thursday. as the former chairman of that committee, chuck grassley, appeared on "fox & friends" earlier this morning, he says expect this to get rough. >> i think amy coney barrett is such a fine person, such a family person, such a mother, such an outstanding justice that they can can't attack her personally, but they're sure going to go after her strict construction of laws and the constitution because they don't like that. >> reporter: democrats are fighting this confirmation every way possible. senator kamala harris tweeting: by moving forward with the confirmation hearings tomorrow, less than two weeks after members tested positive, chairman graham and senate republicans are endangering the hive ares of not just members and our staff, but the hard working people who keep the senate complex running. she's referring to republican

senators mike lee and thom tillis, both having tested positives in recent days. now, if confirmed, barrett will become the fifth woman to serve on the high court. and in a preview of her opening statement that fox news obtained, she'll praise her mentor, antonin scalia, and adding this, quote: courts are not designed to solve every problem or right every wrong in our public life. the policy decisions and value judgments of government must be made by the political branches elected by and accountable to the people. and among the major issues we expect to come up, abortion, gun rights, immigration and health care. democrats really going after the obamacare, we are told that we will see judge barrett, chairman graham and ranking member dianne feinstein in that hearing room we were just showing. barrett's there today, tomorrow and wednesday, then they'll have a fourth day of conducting business. we'll see how it all turns out. in the end, chairman graham envisions a full senate confirmation vote by october 29th, just days before the

election. guys? brian: thanks so much, griff. kayleigh mcenany's been preparing for all this as she recovers from the covid-19 virus. white house press secretary, of course. great to see you. firstoff, does it surprise you at all that the democrats have been regularly meeting to divvy up their plans of attacking what could be supreme court justice barrett? does that worry you? >> no, it doesn't worry me in the slightest. democrats really exposed themselves during the kavanaugh hearings. the two lowest points were impeachment and the kavanaugh hearings, and here we are again. they will do the same antics, they will go down the same sort of attack lines. they may not attack her character, but they certainly will attack her faith as we've seen them do before talking about the dogma within her which is a really disgusting attack on a mother, a woman of faith and someone who's an upstanding citizen and would be a great justice.

steve: you know, in the meantime, we know that kamala harris will be questioning her probably tomorrow via zoom or however they're going to set it up remotely. joe biden, in the meantime, has been asked repeatedly about, hey, listen, if you are elected president of the united states, to dilute the conservative majority, would you pack the court? it's a simple yes or no question, and it would have a simple yes or no answer. does he do that? watch this. here he is in vegas friday. >> sir, i've got to ask you about packing the courts, and i know that -- >> sure. >> -- you said yesterday you weren't going to answer the question until after the election. but this is the number one thing that i've been asked from viewers in the past couple of days. >> well, they're probably republicans who don't want me continuing to talk about what they're doing to the court right now. >> well, sir, don't the voters deserve to -- >> no, they don't. i'm not going to play this game. he'd love me to talk about -- i've already said something on packing the court. he'd love that to be the

discussion instead of what he's doing now. steve: he made it very clear, we don't deserve to know until after he is elected which makes you wonder what other surprises there would be. kayleigh, if you are a moderate undecided voter, democrat or republican, you'd like to know one way or the other. >> yeah, you certainly would, and you're entitled to that. this is how seriously president trump took his promises to the american people, he put out a list with the very names of who he would put on the supreme court. he didn't owe that to voters, but he gave it to them because he's transparent and wanted voters to know exactly where he stands. yes, voters deserve to know if he will reshape the judiciary, eliminate the filibuster, voters deserve to know, and that was a really elitist remark from joe biden. ainsley: we've heard a lot of people say by not answering the question they just assume he will pack the court, but he was against it in 1983. look at this video that we found. >> president roosevelt clearly

had the right to say to the united states senate and congress a proposal to pack the court. it was totally within his right to do that. he violated no law, he was legal listically absolutely correct, but it was a bonehead idea. it was a terrible, terrible mistake to make, and it put in question for an entire decade the independence of the most significant body, including the congress, in my view, the most significant body in this country, the supreme court of the united states of america. ainsley: he answered the question in '83. why isn't he answering it now in 2020? >> because the answer is he would do the exact opposite of what he would do back before aoc and the radical left became his puppeteers. that's why he can't say it out loud. joe biden's former self, when fdr tried this, it was a boneheaded idea and one that the

senate excoriated him for. make no mistake, that's what kamala harris, the most radical senator, and joe biden and aoc plus three, his handlers, would do to this country. brian: so, by the way, they formed their own group now to really try and push joe biden before the election. so let's talk about what the president's schedule's going to be. it's going to be -- he's going to be in sanford, florida today. then he's going to be in johnston, pennsylvania, then des moines, iowa, then greenville, north carolina. when it comes to these events, will anything be different, kayleigh, in terms of the distance and the more, i guess, more deliberate when it comes to putting on masks? >> we will have the same policies that we've had in place, the campaign has always handed out masks, encouraged people to wear them, provided hand sanitize or. ultimately, you have a right in this country to show up and express your political viewpoint, that's why we have peaceful protests. you can't have one standard for the protesters out there on one side but not for those wanting

to express their first amendment rights in support of this president. steve: kayleigh, dr. fauci has a taken exception with one of your campaign ads where he is speaking positively about the federal government response to coronavirus in the early days. that was taken out of context, i've never said anything, you know, i've never endorsed a candidate in my life, career. what do you have to say about the fact that he says he was taken out of context and he shouldn't be in your ad? >> well, i would encourage viewers or to go watch the full context, which is on your channel on mark levin's show, where dr. fauci said that our response has been impressive, he can't imagine anyone doing a better job ever. those were dr. fauci's words. he noted that the travel restriction saved lives, and what this president has done, putting those in place when the democrats were calling him xenophobic, so i would encourage folks to watch the mark levin interview. ainsley: a debate on thursday,

scheduled for thursday, has been canceled essentially. they want it virtually, the president said he wasn't going to do that. president's now asking to reschedule that debate. what have you heard from the commissionsome. >> nothing, radio silence. they are a bunch of partisans. the daily caller did an expose and exposed the majority of folks on the commission are never trumpers, anti-president trump. they do not represent the country. you have 175 doctors according to "the new york post" that have said this is medically safe to do, health wise this is safe, but the commission on presidential debates can is covering for joe biden who had a disastrous debate performance. brian: let's move on and talk about the something that would help a lot of people in this country, and that's a stimulus bill, another rescue package. when you look at people like cory gardner and republican thom tillis, joni ernst fighting for their seats, they seem to really think that's what the people of their states want. right now the republicans are at

$1.8 trillion, nancy pelosi's at $2.2 trillion. why can't a package come together? what do you say to senate republicans that don't want to go along with what the president wants? >> i believe senate republicans would come along. the president noted that yesterday. we believe senate republicans are not what's blocking this, it is democrats. you look at both sides, one side has been move being, and it has been the republicans moving to 1.6 trillion, moving to 1th -- 1.8. nancy pelosi is sitting staunchly and i don't know if she's in the salon or back in congress, not moving us. the american people deserve better. steve: speaking of covid, governor andrew cuomo has gotten praise over the last six months or so for the way the new york state -- brian: he's got a book out. steve: yeah, he does. but at the same time, there are stories that joe biden would like to consider andrew cuomo, governor of new, as his attorney

general. and, in fact, people inside the democratic governors' association are so concerned, they're talking about how to fill his vacancy if he becomes attorney general. what do you think of him as a.g.? >> i think it's ooh another radical left decision in the administration, that's what joe biden's looking at. in terms of the covid response, he went against cdc guidelines by shoving people with covid back into nursing homes, not utilizing the extra capacity in hospitals. there would be a lot more people alive today if andrew cuomo had done his job as governor, listened to cdc guidelines and not put people back into nursing homes. ainsley: kayleigh -- brian: wait a second, have you tested negative twice yet? >> i haven't tested yet, but i will be back this in probably 48 hours, so i'm looking forward to it. ainsley: oh, my goodness. i know you want to hug your baby. >> i do. ainsley: i know, that's what's

so -- well, or so many things that are hart-wrenching, all these moms that can't be with their babies. turning to headlines, to protesters top statues and smash windows in portland, monuments dedicated to abraham lincoln and theodore roosevelt pulled to the ground, rioters smashed windows of several buildings including the oregon historical society. it's unclear if police made any arrests. the u.s. border patrol is slamming the los angeles times, the newspaper claimed the agents intentionally separated a honduran mother and her newborn mother. cbc releasing a statement reading in part: or this allegation is false, we are sick and tired of our agents being villainized for macing their own safety and -- placing their own safety and security behind that of errs. these agents did everything in their power for the baby as well as the mother. brian: celebrations for the lakers' championship getting out

of control, people were throwing fireworks and looting as massive crowds gathered in los angeles. the chaos ruining a historic night. >> this historic 2020 nba championship belongs to the los angeles lakers. the lakers conquer the bubble. bain brian the lakers beat the heat 106-93, their 17th championship in team history. lebron james winning his fourth title and fourth finals mvp. kobe bryant's widow, vanessa, posted a photo, the two passed away in a helicopter crash in january. that's a quick look at what's happening with your headlines. steve: our top story looking live inside the studio, senators are set to spar over judge barrett's nomination to the supreme court. so will this be any different than kavanaugh's confirmation a

couple of years ago? a preview of the potential fireworks coming up next. ♪ ♪ serena: it's my 4:10, no-excuses-on-game-day migraine medicine. it's ubrelvy. for anytime, anywhere migraine strikes without worrying if it's too late, or where i am. one dose of ubrelvy works fast. it can quickly stop my migraine in its tracks within two hours, relieving pain and debilitating symptoms. do not take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. serena: migraine hits hard. hit back with ubrelvy. the anytime, anywhere migraine medicine.

♪ ♪ >> let's look at beach week ralph club biggest contributor. what does the word ralph mean? >> that probably refers to throwing up. i'm known to having a weak stomach. >> was there ever a time where you couldn't remember what happened the night before? >> no. i remember what happened, and i think you've probably had beers. steve: some democratic senators,

as you see, tore into then-nominee brett kavanaugh at his hearings back in 2018. judge amy coney barrett's confirmation hearing kicks off about 45 minutes from right now where she is expected to face a number of direct attacks on all sorts of things. but in a brand new op-ed on foxnews.com, our next guest argues barrett deserves the same fair hearing that justice ruth bader ginsburg once received. here now is former clerk to justice thomas, jerry severino. good morning to you. >> good morning. steve: okay. so what kind of a hearing did ruth bader ginsburg get? >> well, you know, ginsburg, despite having a long history of being associated with very liberal positions and causes having worked for the aclu, etc., she wasn't grilled on those things. it wasn't that she couldn't qualify for those, saying how her jewish faith inspired her going into law in the first

place, she wasn't told that she need not apply because she was a person of faith. in fact, she was someone who was treated with respect by the committee, they recognized her clear qualifications with amy coney barrett has herself just received a well qualified rating from the liberal aba today. this is something we ought to expect for every nominee, and it's something that ginsburg during the kavanaugh hearing said we should be expecting. she was very bold saying the process was very broken, she didn't think it should be like that. and she was confirmed virtually unanimously. steve: and back in the day at her hearing, she was, you know, she was asked all sorts of questions, and she would simply and politely say, you know what? that's a hypothetical, i'm not going to answer that. whereas over the next four days, we expect that acb, as she's referred to now, is going to be asked about religion and abortion and health care because it's almost as if some of these

senators have a litmus test on what is appropriate for a justice and how they should feel. >> yeah. and they're trying to set a different standard for barrett than they have for judges for the last hundred years. what ginsburg did wasn't new, there were dozens of questions she couldn't answer traces back to judicial ethics rule. and the senators maw want to know that question, but i'm sorry, as a matter of judicial ethics, she's not going to say it. be prepared for people to say, oh, she's hiding. i'm sorry, that's the same thing ginsburg did, same thing judges have done for decades. please don't set a new standard for barrett. we should hold judges to a consistent standard. steve: and, carrie, because she works at notre dame, she's been called into question about the fact that she is a strong catholic, a faithful believer, but if she were seated on the supreme court, she wouldn't be answering religious questions,

she would be answering legal questions. >> of course. and she was so clear about that during her first hearing. i think everyone was so impressed when she was attacked for the dogma living loud within her. she didn't back away, but she said, look, that's not the job of a judge. she has been so clear on this, a judge's job is to read the law. not to import politics, religion, any of those things into it. so this should be what everyone on both sides of the aisle wants to see, someone who just wants to look at what the text of the law and the constitution says. and we should all be celebrating that, not attacking her. steve: and finally, you know, joe biden has been asked repeatedly are you going to pack the court if you're elected, and he has declined to say. but now in the last 24, 48 hours, he's got a new answer. packing the court, that's what the republicans are doing right now by filling this vacant seat. that's just, is this appropriate? is that accurate?

[laughter] >> i don't think that means what you think it means. no, this is -- packing the court like what fdr did. when you add seats to the court so you can have partisan advantage. it's something that ruth bader ginsburg said was a horribled idea, something that joe biden used to say was a horrible idea. even bernie sanders agrees that would be a bad move. it's open partisanship on the court. what republicans are doing right now is just what historically has been done in every vacancy during an election year, that is the president nominates, and if the senate is of the same party, overwhelmingly those nominees get confirmed and especially when you have a nominee as talented and inspooring as amy coney -- inspiring as amy coney barrett. steve: we will see live here in 35 minutes. carrie, thank you very much for joining us live from d.c. >> thanks. steve: all right. coming up next hour, we're going to go live into that room for the start of judge amy coney barrett's confirmation hearing,

expected to be one of the most unprecedented in recent history. senator lynn say graham will be presiding, but first he's going to join us with a preview only on this child -- lindsey graham. ♪ ♪ when you're through with powering through, it's time for theraflu hot liquid medicine. powerful relief so you can restore and recover. theraflu hot beats cold.

♪ ♪ ainsley: just minutes from now, confirmation hearings will begin for supreme court nominee judge amy coney barrett on capitol hill. brian: senate judiciary chairperson lindsey graham joins us right now with what we can expect today. senator, you kind of previewed it with maria a little bit, but in terms of the format, you know that democrats have been meeting trying to coordinate an attack plan behind the scenes. how do you think that's going to play a role in what should be a traditional opening? >> well, we'll see. if they want to disrupt the opening, they can, but come thursday, october 22nd, we're going to vote her out of committee. what we do between now and then is up to them. i hope we have a respectful hearing. i hope we give 10-minute openings and we hear from the

judge the way we've done the last 15 or 20 times. i'll be surprised if it gets too disruptive. they think they're leading in a presidential election. kavanaugh blew up in their face. if they play i any dirty tricks, it will not help them in their overall cause, but time will tell. steve: senator, as we look at the meeting room there in the hart senate building where you will be very shortly, we know that they've taken out a tape measure, and everybody's at least 6 feet -- [laughter] chairs are at least 6 feet apart x there we can see amy coney barrett actually in the office building right now that you are sitting in. she will be taking the chair in about a half hour. of behind her desk, it looks like a number of chairs, and they are not socially distanced, so i would imagine those are going to be people who are in the same bubble. are you expecting her children and family to be behind her? >> yes, i hope so. this is the biggest day. >> her life.

day in her life. she's worked all of her life for this moment. wouldn't you want to share it with your family? there are people going to work right now all over america. we're taking, we've taken great pains the make sure this committee room is safe. the architect of the capitol consulting with the physicians for the house and the senate that's made it cdc compliant. at a restaurant, you don't shut the restaurant down. if a military unit has a positive, you go about your business safely. we'll have a safe hearing space. the question for my democratic friends, do you want to take advantage of the hearing, or do you want to play politics. that will be up to them. but her family will be there. this is a blessed day in her life and a great day for america. ainsley: senator, what happens if the senators, the republican senators that have covid, have tested positive, are still testing positive and can't be there for the vote next thursday? >> well, i think we're good to go with them. i just talked to both of them

not long ago. i don't think that's going to be a problem. you can participate virtually in the hearing itself. i do need the republicans present this coming thursday, i see no problem with that, and we'll cross that bridge when we get there. so far so good. again, the covid is real. it's dangerous. take it seriously. but i can't stress enough to you, there are cops going to work, there's waitresses going to work, there are nurses going to work. we need to go to work. the united states senate judiciary committee is doing its most important work, to confirm a judge. brian bruin we answered one question, her family is making their way into the room now. we just saw them, senator. so a couple things, the american bar association said she's qualified, but chuck schumer doesn't want her. he especially does not want her and if she does get on the court, plague a role in the future of the aca. he said, quote: this is the

number one issue that the american people care about and is at stake. i got together with pelosi and biden, and that's what we said, we're going to focus on that the whole time. they want her to recuse herself should she get on, and that's going to come up, i think, november 11th. >> well, is she has no legal conflict here. this is the political desire of chuck schumer. there's a difference between what he would like to have politically and what the law requires. if it were up to, you know, chuck schumer, he's the one who changed the rules to begin with. he's the guy that's going to to pack the court if we lose the house, the senate and the white house. chuck schumer's done a lot of damage to the judiciary wanting to make it liberal. if they do go through with expanding the court, you destroy an independent branch of the government. a lot's at stake in this election. if republicans hold the senate, guys, i'll be the budget chairman. the democrats take over the senate, the budget chairman will be bernie sanders. brian: oh, my goodness.

>> lindsey graham.com, help yourself by helping me. [laughter] me, budget chairman, bernie, budget chairman. you figure this out for yourself. steve: the way you put it right there, a lot of people are going, okay. [laughter] as we look at the family walking past that camera, joe biden has been asked a number of times over the last week or ten days, senator, about whether or not, if he were president, he would push to pack the court. well, now because he's taken heat because he would not say, now he's saying, essentially, that you are packing the court by having this hearing today, and he says it's unconstitutional. watch this. >> the only court packing that's going on right now is going on with the republicans packing the court now. it's not constitutional, what they're doing. the fact is that the only packing going on is this court is being packed now by the republicans after the vote has

already begun. i'm going to stay focused on it so we don't take our eyes off the ball. steve: okay. so he says you're packing the court by having this hearing today, and she could be confirmed. but what's he talking about, that it's unconstitutional? we can't figure that part out. >> it's kind of like the pledge of -- anything he recretes is hard to -- recites is hard to follow. constitutionally, the president has the ability until his last day in office to fill vacancies. justice ginsburg said, joe, look at her quote, you get elected for four years, not three. so constitutionally, the president is acting within the power given to him by the constitution. we've had 20 people nominated in election years, 17 of them, i think, made it to the court. she's going to make it. there's nothing unconstitutional. but what they're talking about is expanding the court. we're not packing the court, we're making it nine. it's been nine for over 140 years. they're talking about expanding the number to make it liberal.

they will literally change america as we know it. they will expand the number of the supreme court, they will abolish the electoral college which means, ainsley, south carolina doesn't matter anymore, new york and california pick the president, they're going to make d.c. a state. they're going -- it's going to be a parade of horribles if we lose the house, the senate and the white house. they're going to change this country so you won't recognize it anymore. ainsley: i know you are -- south carolina's very proud of you, being from south carolina, but i remember during the kavanaugh hearings when you said what you said about destroying his life and how you voted for sonia sotomayor and kagan, and you expected the same respect? you were a superstar in south carolina and all over the country for republicans. they loved that you stood up for him. do you have anything planned if it goes, if it goes that way? if they start attacking her on family and faith? >> just stand up for her. of there's a constitutional prohibition against using one's religion to deny you a chance to

serve your government. there's a constitutional provision prohibiting a religious test. kavanaugh, i stood up for him, people listened because i voted for sotomayor and kagan. i don't know what they're going to do, but i know this: my opponent raised $57 million because i stood up for kavanaugh. liberals hate my guts. i've been a friend of trump's, no worse than in the liberal world than to try to help trump. they're trying to buy south carolina. lindsey graham.com, help me fight back. i'm going to stand up for her. i hope people will stand the up for me. we're going to keep the house -- try to take back the house, keep the senate and get president trump reelected. i think this helps president trump. he is shaping the court in a way good for business, good for your family, and if you want a fight over amy bairkts you'll get one. brian: jamie harrison is your opponent, and i had to look to find out what party he's in.

he does not want to admit he's a democrat. why? [laughter] >> because liberal democrats are not going to win in south carolina. we like conservative people. it opportunity matter where you come from, it doesn't matter the color of your skin, your ideology does matter. there's to things going on in this race, it's payback for kavanaugh when i derailed their plans to destroy his life to keep the street open -- seat open, and it's punishment for helping trump. most of the money, 90 something percent, is coming from out of the state. every liberal in the country wants to take me out. he hasn't run one ad admitting he's a democrat. he says it's not about republican and democrat. well, it really is. if we lose the senate, bernie sanders writes the nation's budget. if we keep the senate, i'm the budget chairman. he's very liberal, he's the associate chairman of the national democratic party on their payroll. he was the former party chairman of south carolina. do you believe for one minute he doesn't buy into their agenda of changing the number on the

court, making d.c. a state, abolishing the electoral college? it goes on and on and on. brian: $57 million is an all-time record for a senate race. [laughter] >> yeah, right. brian: that's -- it's nice to be, it's nice to get some attention, senator, right? >> right. they're trying to buy south carolina. ainsley's from south carolina. our state is not for sale. of there's no amount of money you can print to convince south carolinians to buy into the most radical agenda, the democratic party's pushed in the history of the democratic party. aoc endorsed him last week. the green new deal, medicare for all, expanding the supreme court, abolishing the electoral college, making d.c. a state. all of these things are terrible for south carolina, terrible for the country. this is -- there's not enough money to flip this state. i do need to fight back. i need to be able to explain to people the differences. lindsey graham.com. if you want to help me, help me by going to my web site.

brian: you have another show coming up in 20 minutes -- ainsley: yeah. you have got a place to go. >> a i've gotta go. ainsley: room 216 in the hart senate office building. thank you so much for joining us, especially this close to the hearing. >> thank you. ainsley: and we did ask your opponent to come on, and we have not heard back. >> he can't afford it. yeah. all right. [laughter] steve: all right, mr. graham, good luck. you're going to be on all the channels in 19 minutes. ainsley: coming up, moments ago we saw judge amy coney barrett arriving, and one of her former haw clerks is here to tell us why she is the right choice for the bench. thank you. bradley, get a freshly made subway footlong instead. try my favorite, turkey. order on the app. anything for my fans. try the new subway buffalo chicken or bbq chicken.

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steve: today is the day judge amy coney barrett, as you can see right there, arriving on capitol hill about 15 minutes ago in what is expected to be a contentious nomination hearing over a number of days. what should we expect if she becomes justice barrett? ainsley: mike h e gman clerked for her from 2018-2019, and he joins us now. >> good morning. thanks for having me. ainsley: tell us your thought abouts about her as a supreme court justice. >> every day i saw her piercing intellect and her tireless commitment to principles that means getting the law right in every case, and in her personal life, always standing up for her students, her family, always doing what was right. brian: well, i'll tell you, mike, one thing comes to mind, she did write that she thought john roberts had it wrong and that the aca was uni constitutional -- unconstitutional, and she went to legal gymnastics in order to

declare it was constitutional. that's going to be brought up constantly. what do you think her answer's going to be? >> well, i think it's clear that judge barrett has not prejudged any of the cases that come before her, but what we know about her is that she will apply the law as written. so if a case comes before her with the aca, she will look at the law, she will look at the arguments, read the briefs, and she will apply the law. steve: right. mike, she has been described as a textualist and as an originalist. can you just -- we're going to hear that a lot today. can you explain what each of those mean? >> textualism is just applying the words that are written down -- steve: the actual words. >> that's right. and originalism is that same principle applied to the constitution. the founders wrote the constitution, we have a written document, and it's the judge's job to apply that, the supreme court's job to apply the law as it is, not as i want it to be. ainsley: do you believe she can interpret the law fair ily?

democrats are worried about roe v. wade, her overturning that because of her catholic faith. >> without question she will be fair and balanced in every case. she will never apply her personal beliefs, whatever they may be. she will always apply what the law is. she's been crystal clear on that time and time again from her statements she's made. brian: mike, last question. you look at her, she's got all this prestige, but democrats seem to go out of her way to rip her personally. that's going to be tough on people who know her, like you. >> it is. it is. we -- everyone who knows her, you've heard it from everyone across the spectrum how wonderful she is. she's truly a once in a generation woman, and if she's confirmed to the supreme court, she's going to make our country proud. steve: all right. mike, former law clerk for judge amy barrett from 2018-2019, thank you very much for joining us live. >> oh, thank you. steve: all right. so all eyes are on the hart senate office meeting room, and

that is one of the halls just outside. brian: right. steve: we should see the barrett family walking by very, very shortly -- brian: amy klobuchar. steve: yep, as they come on in. we know that kamala harris is going to be appearing via zoom or remote -- brian: you know what's going to be tough? her family. when these questions start getting personally. seven kids there. ainsley: the questions won't be today. it'll be interesting if she brings the kids tomorrow, but something she is to say, to joke about being used to being in a group of nine because they have seven churn. [laughter] steve: it's the number she's used to. a couple of republican senators i don't think have been cleared to return, senator mike lee and tillis, they hope to be present for the hearings later in the week. as we just heard from senator lindsey graham, he doesn't seem to think that's going to be a problem. brian: senator dick durbin is

going to give her a tough time, he voted against her last time. steve: all right. that's going to wrap it up for us. war going to hand it over to bill and sandra, you're watching special coverage of the confirmation hearing starts now. sandra: thank you, friends. big day on capitol hill. moments from now, the senate judiciary committee will begin confirmation hearings for supreme court nominee judge amy coney barrett. if confirmed, she would become only the fifth woman to serve on the highest court in the land and would tip the balance to a 6-3 conservative majority, potentially affecting social policy for generations. the high stakes battle beginning now, just 22 day before election day. welcome to "america's newsroom" on this historic day, i'm sandra smith. bill: like old times, huh? nice to see you. i'm bill hemmer. the resumé on judge barrett reads as following: she graduated top of her class, notre dame law school, 1997. clerked for the late justice antoni