candidate in florida in other candidates that are going to matter if this race is close. >> neil: david, thank you very, very much. i also want to thank alicia acuna coming in at the last minute. what a pro. sorry about that. ♪ ♪ >> dana: hello, everyone. i'm dana perino along with dagen mccowell, juan williams jesse watters and brian kilmeade. is he here, yes. it's 5:00 in new york city and this is "the five." ♪ ♪ >> dana: bitter partisan battle in the supreme court officially underway amy coney barrett first day of confirmation hearing. democrats for the most part avoiding personal attacks. to focus on the process and key 2020 issues like healthcare. >> i think this hearing is a sham. i think it shows real messed up priorities from the republican party. >> this hearing itself is a

microcosm of trump's dangerous ineptitude. >> in her speech at the white house, covid super spreader event two weeks ago, judge barrett aligned herself with her mentor, the late justice antonin scalia, who twice voted to strike down the aca. >> stripping healthcare from millions of americans during a pandemic, that's really what is at stake. >> senator kamala harris stepping away from the campaign trail for just a minute, trying to drive. so democrats' points. >> more than 9 million americans have already voted and millions more will vote while this illegitimate committee process is underway by replacing justice ruth bader ginsburg with someone who will undo her legacy. president trump is attempting to roll back americans' rights for decades to come. >> dana: and republicans responding saying the attacks are just a diversion to avoid focusing on barrett's

qualifications. >> there is nothing unconstitutional about this process. >> we have heard very little about the nominee who is here and whose confirmation we are considering. and i think part of the reason for that is that on any measure judge barrett's credentials are impeccable. >> >> i'm struck by the irony of you who demeaning to women their accusations really are. >> and we did get to hear from amy coney barrett for just a little bit today with her opening statement. here is just a taster for you. >> 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. the public should not expect courts to do so and courts should not try. >> dana: i wanted to play that jesse, because i feel like everyone should listen to that several times because it's so spot on.

the legislative branch has ceded so much control to the judicial branch that they expect judges to make all these decisions she is saying that's not the way it's supposed to work. >> jesse: are you giving us a civics lesson? >> dana: yes, not that you need one. >> jesse: no, of course not. i think the democrats were smart though to focus their opening statements on obamacare, on covid-19. those are strengths for democrats. but that's not going to last for this whole week. the rest of the week they are going to have to tangle with amy. and amy is going to outsmart them, outclass them, outmaneuver them and you will see why she is so well qualified to sit in this position. something i cannot stop. it is driving me crazy. every time the democrats say you can't do this in the middle of a pandemic. you can't have a hearing. you can't nominate. you can't listen to a case. emma asked me to do the dishes today i said i can't do dishes in the middle of a pandemic. nothing can happen during a pandemic according to democrats. two arguments they have which i think are fundamentally flawed. one they say that the

republicans are rushing this through because you have this obamacare case in front of the court in november. if there was no obamacare case in november, the republicans would still vote to confirm her before the election. so that's moot. the other thing they say is she is going to throw out obamacare. anybody that has followed the court knows they are not going to throw out obamacare. they won't let millions of people go without hillary rodham clinton. dealing with a mandate. yes, it's been repealed but the rest of the law stands. that's actually a conservative position. because it's minimalists and let's the legislators legislate and courts stay out of this. >> dana: also the trump administration's case is very weak. they should have pulled it a long time ago and they wouldn't have had all of these additional political problems like losing the senate not losing the senate -- democrats lost seats in 2018. >> jesse: have you been saying that for a very long time. >> dana: i have and i'm underscoring it here while we have a chance. one of the things i read from

the democrats this weekend was a parade of horribles of all the things that are going to result if amy coney barrett is put on the court. and it was preposterous. and i wonder if when she starts speaking like she did today and then we will see her answer questions for the next few days if that image that the democrats are trying to paint for her is just not going to match with the woman that people see answering questions over the next two days. >> juan: well, i think the key here to me is that the democrats in addition to talking about the process which they say is illegitimate are talking about her record. and i think that you are going to have to have that record come to the fore, dana, in the next few days, clearly amy coney barrett says oh well, you know, the court shouldn't be making laws or whatever. but the fact is i would agree with you, by the way. i think congress is often chicken. they don't take the tough stands and they don't repair things like the voting rights act. they leave it up to the courts. the courts are pflumixed or uncertain.

dealing with her record. one she is person that didn't think that chief justice roberts made the right call on the affordable care act when he allowed it to continue. secondly, she is someone who is, i don't think there suspect question, opposed to roe v. wade, and abortion rights in this country. so, on both those issues, this is a major, major nomination, would make for a six to three conservative court. and as far as the process goes, it's pretty clear the american people now, it's a slim majority but the majority of the american people think this should be up to the next president to make this nomination. and even on abortion rights most americans think you shouldn't outlaw abortion in this country. >> dana: actually that case she will be asked about that in the next two days i will let her speak for herself and no doubt she will be asked about it. the other thing, dagen that democrats are talking about today, while they were saying you can't do any of these things, you can't -- blah blah blah. they should we should be passing a covid relief bill but they blocked the covid relief bill from just a few weeks ago. >> dagen: half a trillion

dollars in the senate blocked it never went anywhere. it would have helped children. it would have helped small businesses. it would have helped the unemployed. i will take it a step further, these democrats have no intention of helping anybody until after the election. because they don't give a flying damn about the american people. >> dana: i'm impressed with your restraint because i was ready for that. >> juan: i did, too. it was flying. >> dagen: didn't start with that other letter about people who are struggling financially who are worried about losing their homes and maybe their jobs and even their businesses. i will point to this. there is about $400 billion from the last coronavirus relief package that is unused sitting in the treasury. all congress has to do unused money is reallocated and reauthorize it so it can be spent in ways to help those children. and those business owners. and those unemployed. that's why it's so disgraceful.

and why couldn't we just have a moment with this woman who has achieved so much? you are seeing her sit there in front of this confirmation hearing. patricia o'hara saying an integrated life of mind, heart and soul the notre dame professor. we live in an age where public discourse is just full of billous contempt that if you are a conservative, you are automatically despised by the other side. that's just a sad day for the country. >> dana: brian, i thought professor o'hara's comments were so wonderfully said. well-put forward. and she said that she -- this is student of hers. she said i have never seen anybody blow past me in terms of skills and professionalism as amy coney barrett. >> brian: we almost didn't get it. right? it looked as though she was supposed to speak before amy and they couldn't get her through which we are very familiar with that made her comments hey i'm the dean but this is the super star and the fact notre dame which i hear is not a bad school compared to the ivy league schools, okay.

but, i think she is going to be really strong. so over the top with the healthcare pictures. the big pictures. high, i want you it meet a family that needs healthcare and this person -- we know about those stories. that's a totally different story. she was sitting there with the longest time with a mask on no though no one is close to her. why couldn't the senators take their mask off and she couldn't. i have no idea about her emotions maybe it was better. and made this a healthcare debate which we had really through all of president obama's 8 years. here's the thing. i worry about the delay of the game. the things that we don't know. let's find out about her. i have a feeling they know they can't touch her, dana. i have a feeling it's all going to be about roe v. wade and be about the issue of obamacare. >> dana: and the process. >> brian: i think they are not going to give him a aquarium. whequorum.two to vote up to vot. pass a measure to without a quorum. no democrats going to show up. pass a measure, delay, delay,

delay. who know what is could happen in between. just wait for something we are not expecting. >> dana: we have a lot more to come on their. democrats rolling out a new tactic to avoid questions about packing the supreme court and we'll unpack that when we come back next. ♪ wagon wheel ♪ rock me momma any way you feel ♪ hey, momma, rock me ♪

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>> brian: the supreme court confirmation fight under way. democrats continuing to dodge a key question whether they, in fact, pack the high court if joe biden wins in november? will we have 11 supreme court justices instead of answering though, they are now accusing republicans and they put that in bold in the prompter it means a lot of trying to do it. >> we shouldn't be having this hearing with two members of the

committee infected with covid. it's rushed. it constitutes court-packing and her views are two extreme to qualify her to serve on this court. >> so this idea that democrats are packing the court they have already done it. we're not going to fall into the trap of debating that now after what they have done. >> court pack something going on right now. it is going on with republicans packing the court now. it's not constitutional what they are doing. >> brian: right. they have a talking point going. and if you thought joe biden would finally tell us where he stands on court packing, think again. >> sir, i have got to ask you about packing the courts. this is the number one thing that i have been asked about from viewers. >> well, have you been asked by the viewers who are probably republicans who don't want me continuing to talk about what they are doing to the court right now. >> sir, don't the voters deserve to know. >> no, they don't. >> brian: they don't. we have to elect him to find out exactly what he is going to do. day began, i'm surprised because this went off the rails this weekend.

they all had the same talking points, chris coons, joe biden, schumer, they all said they are packing the court by jamming amy coney barrett in and for what they did in the lower courts. no one is buying it. >> dagen: well, they believe the american people are stupid enough to buy them trying to change the definition of packing the court to cover for joe biden who can't answer the question because he is owned by the left. it's the classic kis terrific terrifitisk tisk tiskfinger wagt know what court packing is. down south we say this don't spit in my face and tell me it's raining. we know the difference. they want to subvert the constitution and add justices to the court so they can continue to make it their legislature. >> brian: i was watching your show at 2:00 i thought senator coons was trying to amend what he said over the weekend because we are not buying packing the

court. >> dana: ben sasse pointed out that wassor wellian when you are replacing people on the court because there is a vacancy that is not court-packing. court-packing is adding members of the supreme court. the other thing i played for coons who is a biden surrogate 1983 joe biden said. >> brian: even though it's my segment we have that with that much power we can hear it. >> dana: great, let's look. >> president roosevelt clearly had the right to send to the united states senate and the united states congress the proposal to pock the court it was totally within his right to do it. he violated no law. he was legalistically absolutely correct. but it was a bone head idea. it was a terrible, terrible mistake to make. >> brian: has it become less bone headed in 2020? >> dana: that's what i asked. he does have a way with words. the thing is they are just not answering it. i i had these a bad thing. americans do deserve to know before they go. i also don't think that it's the

election hangs on this issue. i want to point out one thing about the quorum for amy coney barrett hearing. republicans are telling me they do not anticipate having a problem getting a quorum. in fact, remember the way that kavanaugh was treated that then led to the midterms that was a month before the midterms the republicans added added seats they have a cushion. >> brian: i thought you needed democrats presence. >> dana: they are anticipating that they must know that there are a couple democrats who are going to be okay. >> brian: jesse, tell me if i'm overreacting. i believe if joe biden is able to get elected and not tell us what he going to do, nobody is going to tell whaws they are going to do. they will go out, present themselves, give a few speeches not give anything of substance. i think this could be the beginning of the end of having any substance in any presidential campaign. >> jesse: i don't think you are overreacting brian, on this. many other things you overreact to like in the green room running around like a scared

child looked a little nervous. >> brian: getting close to mere. >> jesse: he is getting killed. i would say i'm not g. going to pack the courts. he wouldn't get hurt that much by saying that is he getting more hurt by not answering the question. on the other thing about the court packing answer, they have had three weeks to come up with an answer and the democrats came up with the answer huh-uh, you are. that's their answer. they say it's not constitutional. they can't point to one thing in the constitution that prohibits it from being constitutional and that's when you know it's not. >> brian: jesse, it's not that it's a hard question, juan. they are going to do it. if they get it, the filibuster is out. they do a simple majority. and they add two justices. that's why he doesn't want to answer it. even though he necessarily knows it's not good for the country. it's good for the party. they are going to do it if they get the senate and the white house. >> juan: i love that you are speaking for joe biden. i think it's interesting.

on whole it's like early halloween. what's coming the far left asking about to pack the court. this has not been discussed. >> brian: they put it out. >> juan: they didn't put it out. you have one or two on the far left have said you know, the republicans have been so abusive of this process, blocking merrick garland for more than 400 days and now with 20 days left, before an election, with americans already voting, they are trying to force through a nominee of their liking. >> brian: you don't think. >> juan: hang on. you asked a question, let me answer. >> brian: okay. >> juan: i'm saying to you this is an abusive process and they haven't necessarily discussed exactly how does the other party deal with the fact that one party is willing to derail the system to satisfy their own needs? >> brian: maybe you missed it but chris coons answered that juan. >> juan: argument put forward by i think it was ted cruz who said well, this is different. look at the history. when one party controls the white house and the senate. >> brian: but you are not answering my question. >> juan: that's not

constitutional. under that argument what you would get, brian, what you would get is that you would never have a supreme court nominee unless you had the same part partying e house and the senate. >> brian: we are just talking about packing the courts. chris coons said packing the courts. you changed the subject again. >> juan: it's not packing the court. they are forcing to get a conservative vote. >> dana: that's not packing the court. >> brian: dagen go ahead. >> juan: that is packing. pack something what you are talking. >> stacking and packing are different. >> dagen: this idea about adding additional justices to the court is not new and, in fact, it is written in a letter authored by sheldon whitehouse, mazie hirono, kirsten gillibrand. dick temperature bib and richard blumenthal threatening to, quote, restructure the court. which is exactly what they were threatening to do if the justices took up the second amendment rights case in new york. they threatened. that's why people know what they are up to now.

>> brian: people bring it up this isn't right to be doing this with barrett. two separates questions which could be another segment and the fact that i went to a single means i should probably read the tease out. coming ucoming up next, presidep returned to the campaign trail tonight with a rally in florida. i think the orlando area. plus, what he's saying about his recovery from covid. ♪ ♪ our retirement plan with voya gives us confidence... ...we can spend a bit now, knowing we're prepared for the future. surprise! we renovated the guest room, so you can live with us. i'm good at my condo. well planned, well invested, well protected. voya. be confident to and through retirement. knowinit's hard.re is hard.

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♪ i'm back ♪ back in the new york groove. >> president trump back on the campaign trail for the first time since being diagnosed with covid-19. he is holding a rally in florida tonight and will be in pennsylvania and iowa later this week. the president says he's feeling great. >> it seems like i'm immune. so i can go way out of a basement which i would have done anyway and which i did because you have to run a country. so the president is in very good shape to fight the battles.

i passed the highest test, the highest standards and i'm in great shape. and i have to tell you i feel fantastically. i really feel good. >> jesse: joe biden is criticizing trump's decision to return to the campaign trail. the former v.p. is in the key swing state of ohio. >> this feels like coming home. [cheers] >> the longer donald trump is president, the more reckless he seems to get. >> jesse: i found it funny, brian if you look at that appearance in ohio, there were more trump supporters there than biden supporters. >> brian: yes. i don't think -- it's not about the size when it comes to joe biden, especially in arizona he didn't get much of a crowd anyway. couple of things, the reason why the park avenue, donald trump's park avenue and, you know, i'm scranton, or whatever he is blue collar because donald trump is blue coloring it. donalcollaring it.i will work ei will do two or three events a

day. i will outwork you. that's a typical blue collar avenue he did and about to da it again. what's been unbelievably frustrating as a small part of the pandemic he couldn't outwork you because they wouldn't let him. gets sick so has to sit on the sideline. double whammy for him personally and re-election forces. okay okay where am i battleground states thral trailing by here two, four. give me the ball and let me win. scary for his perspective the money is not there i don't know where this money went brad parscale and everyone, is he being outspent but is he not being out worked. >> jesse: when you they're on the ground bigger payoff than when you are just on the airwaves. the president saw a dip in the polls after the first in the debate and after being diagnosed now that he has recovered and hit the campaign trail again, i predict massive tightening in these polls. >> dana: i do think it will tighten. it's closer in the battleground states than nationally that's why we call them the battle

grounds. did i note that today the president seemed that they are doing multi-million-dollar ad buy to try to get seniors back. and we will see who is right. is the president right that the seniors want to see him out there beating coronavirus and say i'm now going to be out there to do all the things i wanted to do and a forget it you haven't seen your grand kids in nine months you can be cured and not vulnerable or joe biden's cautious approach we need to be smart, follow the science. i guess we will have to see. i did want to point out something you mentioned the president is going to iowa and. >> jesse: florida and pennsylvania. >> dana: also going to north carolina. north carolina looked like it was looking pretty bad for especially the senate candidate there thom tillis until just lack week in the last 10 days a big sex scandal erupts with the democratic candidate and now you could actually see that the republicans think they have a chance to hold that seat in the president's numbers could improve as well. so i think that you see him going to the places where he knows he needs to win north carolina someone of them.

>> jesse: he is also going to a lot of these battle grounds because there are really tight senate races there, juan. there is in iowa tight senate race, arizona, senate race. michigan you have got a tight senate race. he goes there and helps a lot of these senators, too. >> juan: i think a lot of the senators are distancing themselves from him because they don't think he helps them. >> jesse: only mcsally. >> juan: i have a larger point here which is i don't think anybody on this panel or anywhere can say that they know president trump still isn't able to spread the virus. and so he. >> jesse: whoa, fauci just said it a couple minutes ago. >> juan: no, i don't think anybody sitting here has total confidence and can say i believe all i have heard from the president and his physicians and all these people we don't know. this guy. >> brian: i do. >> jesse: fauci released a statement. >> juan: you are right. the physician did release such a statement but everything from trump is so politicized all about him and here he is going out and is speaking to large groups of people.

he's not wearing a mask. so he is putting all of them at risk. >> jesse: you can't transmit it if you have -- >> juan: think about all the people who made sacrifices all the small business owners be impacted if this thing comes back with a rage. you have to say why is he taking this risk, why is he doing this to the american people. >> jesse: i don't think it's the risk you think it is and vice president mike pence was on dana's show earlier and brought that up. let's listen. >> dana: you comfortable with rallies going forward at this point? >> well, i really am. we had a great rally here in columbus, ohio today. [cheers and applause] >> lots of enthusiasm. the great outdoor rally. and look, one of the things the american people have proved over the last 8 months is people know how to put their health first, the health of their families and their neighbors first. the president and i -- president trump and i trust the american people. and the progress that we have made over the last 8 months here in ohio where the positivity

rate is well below 3%. >> jesse: your thoughts, dagen? >> dagen: who makes better decisions about your life and your health and your money? you do. your government doesn't. that's where you are starting to seat divide. because when joe biden says you can't fix the economy until you fix the covid crisis, yeah, what does that mean? that is a garbage sandwich. it means i'm going to shut the economy back down? no. people need to go about their lives and go -- be able to go to work in a safe way. and you are going to see that firsthand being down in florida. guess where walt disney is open? florida. disney world go and apparently they haven't had one case of covid. this is from the union. not one case of covid at disney world. out in california it's shut down and even bob iger is in a fight with the governor out there. so can you go about your life and go to work and well, survive? yeah, you can. and expect president trump to tout the antibody drug coming on

the market regeneron drug one from lily. these are next steps before there is a vaccine and vaccine is on the way. >> jesse: you are right it's not the covid that's keeping the economy slowed down it's the lockdowns. up next, democrat won't like this. a huge reversal on whether covid lockdowns are worth it. ♪ come on, come on, come on, baby now ♪ come on, baby ♪ come on and work it on out ♪ work it on out ♪ you know my hands are everything to me. you r to do. thought surgery was my only option. turns out i was wrong. so when a hand specialist told me about nonsurgical treatments, it was a total game changer. like you, my hands have a lot more to do. learn more at factsonhand.com today.

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♪ rocking robin ♪ tweet. >> juan: welcome back the world health organization is drastically reversing course now advising against has hydrocarbon lockdownhappenlockdowns. >> only time justified to buy you time reorganize, regroup, rebalance your resources, protect your healthcare workers who are exhausted by and large we would rather not do it. >> juan: meanwhile a new study finds elementary and high

schools may not be super spreading locations. jesse, i was thinking about this you said the bad news for democrats. i'm thinking who does jesse think is calling for an all-out lockdown in america today? >> jesse: well, a lot of these governors, democrats in these blue states talking about new york, new jersey, california, michigan. they are continuing lockdowns. businesses are still closed. they are in phase 1 or 2 of opening up. >> juan: that's different than a lockdown. >> jesse: locking down certain businesses even in this city you can't go inside for dinner if you are more than two tables or something. it's destroys the hospitality industry. it's destroying the tourism industry disproportionately affecting poorer communities, black communities. communities in certain areas. schools are completely locked down in the inner city but more rich suburban white schools are opened up in red states or a lot of the poor people can't afford

to work from home. they are getting really slaughtered by these draconian lockdowns. it's not justified. those are worse than the virus. >> juan: dana, i don't think total lockdown as jesse was describing it. i think we are having arguments about things like today the masks. mark meadows having a press conference. the reporters asked him to wear the mask refuses and leave senator lee is at the amy coney barrett hearing. he won't wear a mask even though he recently had been diagnosed with covid. is that the heart of this debate the mask? >> dana: i actually think the lockdown is even more important. it's one of those things about the masks. one, i do think it helps protect you and if you have it i think it helps protect other people. i think that makes sense. i don't have a problem being asked by a business to wear a mask if i'm inside because i want the businesses to survive. i think that if the president had initially said let's just do this. let's do it for a few months and see how it goes, we might be in a better position. the other thing about lockdowns is that we do know a lot more

now. for example governor cuomo and bill de blasio are looking at targeted zip codes. that's not fair a lot of zip codes are large and might be a few square blocks in a zip code that might be the real problem. the peer pressure amongst citizens in those zip codes to do better is, i think, helpful. i also asked somebody today about that article in the atlantic about how schools are not super spreader events because i read that last week and i thought that's great news. open up all the schools. and then it was season economist not a scientist go back and forth and asked more about the swedish model that seems pretty good and you get all the other information. it feels very, very complex. and i feel like people really understand though that not locking down completely is important; however, look what is happening in europe, central europe especially all those case numbers goin going up we lag abt two months behind them. >> juan: i know it's tough. day began, part of that debate indoor dining, jesse was

touching on that. where do you come out on that. good thing, bad thing? what would you do if you were the governor. >> dagen: have more people dining indoors. look at new york city right now at least half of the restaurants going to go out of business in new york. by the way new york had the worst outcomes in terms of both the economy and people's health and deaths because they don't know what they are doing here. but i would open them up. it's raining today. they will have almost no revenue in new york city and i will point out something else. there is this great barrington declaration that thousands of scientists and medical professionals had signed to talk about reopening economies living normally but protecting those most vulnerable and they wrote. this they write about lower childhood vaccination rates. worsening cardiovascular disease outcomes, fewer cancer screenings deteriorating mental health leading to greater younger members of society carrying the heaviest burden.

that's what this is doing. we are very short-sighted about the long-term impact. >> juan: all right, so dr. kilmeade, i had a question for you. what can we do realistically to try to prevent this virus from dragging on for year after year? >> brian: let me tell you something, the who tells us now lockdowns are bad? are you kidding me? if anybody should have known how to handle a pandemic they get up in the morning that's what they do. let's study a pandemic today. they had no idea what to tell us when it happened. then they lockdown and go further review it hurts and raises poverty levels. it hurts farmers. it destroys tourism, it hurts the most vulnerable. to tell you the truth and the come back from the economic impact is so great that it's not worth doing. really? upon -- we don't need a review. if anyone should have known what to do, it was them. it took them two months to tell us to wear a mask every day. now they are mad to not wear a mask every day. two months you told us not. to say i understand if it snuck up on us, but why has it snuck up on the experts? this is all they study.

and that w.h.o. who told us to slow down reopening to now say lockdowns are bad is beyond -- i'm beyond aggravated by that. >> dagen: they were lying for china saying there was no human-to-human transmission. >> juan: i don't think that's true by the way. >> brian: thanks. nothing is true. >> juan: president trump promising to release even more russia investigative documents. what we can expect next for you on "the five." ♪ how will i know? ♪ how will i know ♪ keeping your oysters business growing

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because it strengthens prop 13 for seniors, disabled veterans, wildfire victims, and family farmers. prop 19 also protects the right of parents to pass on the family home to their children at the current property tax rate. you worked hard for your house and you should be able to give it to your children without a tax penalty. that's why taxpayer advocates, firefighters, veterans, and small business owners are voting 'yes' on prop 19.

>> dagen: president trump promising to release new russia probe documents. >> documents being released at a level nobody has ever seen before. things nobody thought were going to get released are being released. i are seeing it all the time. you are seeing what's going 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 breath-taking. wait until you see what's coming out, bret taking. it's about everything. hillary clinton is crooked hillary. i don't call her crooked hillary for nothing. >> dagen: brian, what are we going to see? >> brian: well, i'm not sure

what's next because i don't know what i don't know. is he very upset the durham probe is after the election. if it's after the election he loses probably never see it. number two everyone is fixated i am, too on july 28th when that memo when john brennan briefed the president of the united states president obama, that there might be something in that memo that said that hillary clinton looking to divert attention from her emails was setting up a trump-russia connection. and people say well, that's russian disinformation. why are you briefing president obama if it's russian disinformation? and that's the focus that changes everything, i think. >> dagen: brian brought up, juan brought up the point that we found out that there won't be any indictments from john durham before the election from bill parr. president trump very upset on that. on the other side of that you want them to restore the trust in the fbi. you want them to get it right. and if that means taking time after the election, then so be it. >> juan: right, if he has got something let's see it.

have you got to keep in mind here the overwhelming evidence is that russia interfered in the 2016 election. trump's own national security officials have said. this and that they continue to interfere in the 2020 election and, yet, trump says oh, this is a hoax and he won't say hey, russia, stop it. stop it. if it's a hoax, just say russia, stop it. because right now they say russia continues to do. this. >> dagen: because, jesse, obama's cut it out to putin worked so well and he stood by as the clinton campaign basically engineered spying on her opponent with the dossier? >> jesse: juan is crafty. see how he pivots from russian election interference when we are talking about them targeting trump and framing him for collusion? we are not talking about election interference. we are talking about hillary, the justice department, the fbi and the cia making donald trump's campaign look like they're guilty of hacking hillary's emails and interfering with the election. we caught them. we have evidence. and now we just want to see all

the documents because we want the truth. >> juan: you caught what? >> jesse: if it's too much to ask then fine. we just want answers. >> juan: i just think conspiracy theories can go too far. >> jesse: juan, it was a handwritten note. that's not russia disinformation? >> juan: yes it is. >> jesse: exactly what happened she framed him for collusion because she blamed him for collusion for the entire campaign. >> juan: i will leave it alone. >> jesse: thank you. >> dagen: how does this play out in the election? >> dana: i think it's a very important story to get to the bottom of. i just would say if you are the trump campaign, would you rather have this be your headline for the next 23 days or do you want to talk about your ability to bring this economy back? and i think the fact -- durham said it's not coming out until after the election for as disappointing that might be to some i do think getting it right is good. getting information out is good. getting to the bottom of it is good but i would focus on the economy and the way that the president can bring it back better than biden if that's going to be their closing

argument. >> dagen: one more thing, next. ♪ ♪ ♪ i catch the paper boy ♪

>> dana: time now for "one more thing." we got a lot of time. these two pooches, lola ad not show, the love to take -- nickname to bonnie. ththey both jump up to the stab. bonnie was rescued from an abusive home. now bonnie lives a very lovely life. you can see at their home in south africa. that's a very lovely place. ever been there? >> no, i would love to go.

it's a long plane ride, i've heard. >> dana: long plane ride, but totally worth it. >> juan: okay, all right. oh, baby. what a comeback story. i watched it yesterday. the washington football team played for the fans in the stands. take a look as alex smith, veteran quarterback throws his first pass in almost two years. to understand the power of this moment, you have to go back to november 2018, when smith was sacked and suffered a compound fracture of his leg, broken into coplaces. he underwent 17 surgeries and now has a titanium rod in his leg. the odds against smith ever playing professional football again were so high and clearly, this guy doesn't need the money, folks. but there he was on the field yesterday and there was his family applauding him. and there was his family. i don't understand. dad, what are you doing?

but what alex smith did to me, as i was watching yesterday, it went beyond the fact that the washington football team lost. this was a man, a determined man getting up off the mat and getting back in the game. what an incredible life lesson from alex smith. >> jesse: he reminds me a lot of the president. you get sick, you get better, come back out on the field. >> he almost amputated his leg. almost amputated. >> dana: wow. great story. jesse. >> jesse: happy columbus day come everybody. or as joe biden said, happy indigenous peoples day. everybody, sing along with me. in 1492, columbus sailed the ocean blue. brian, what were the ships he came over on? >> the santa marina. >> jesse: correct. >> not the mayflower. that was the other guy. [laughter] speak of the santa maria was found right off the

dominican republic. >> jesse: stop showing off. [laughter] >> dana: that could be her next book. all right, enough. >> so, i was asked to do a feature on national hispanic heritage month. and i wanted to interview to call lawmakers with the hispanic culture in their background being so much to their success. marco rubio and brian. they talked about how unhappy they are to be here and how important it was to keep their hispanic heritage alive. listen. peers because i grew up wanting to be in the army for exactly the reason of heritage. it was because of those who came before me. for my kids. that's probably going to be the biggest thing with they remember out of me, is what did they do in that war, in that conflict when they were in the army. >> because on his mother's side, they all fought in the war and they all played a major role in the revolutionary war, of course in texas, and everything else. and he just talked about that. and the reason why it is so important.

>> dana: that's cool. >> you can see it on fox nation. double-click on it, especially this month. >> dana: all right, excellent. >> shout out to geraldo too. i know we have been paying tribute to his career. >> it is outstanding and still ongoing. [laughter] >> it is, but what he did with willowbrook is really worth remembering. people forget how he exposed abuse of mentally disabled in this country. take a look at this golden retriever who had a very special greeting for dad returning from deployment overseas. a four-month military deployme deployment. she had her camera rolling when her husband, micah came home. and there is there golden retriever, odin. he cannot contain himself. i know that michael was on deployment, but let me say one thing. you know what? you go downstairs and get the mail and you come back and your dogs always greet you like that. >> dana: she filmed that and

she let the dog greet him first because she knew she was probably going to have to come of the was going to make sure. well have been done come everybody. all right, that's it for us. "special report" is up next. are you going to watch? >> i am going to watch. good evening. welcome to washington. i'm bret baier. breaking tonight, we are following three big stories at this hour appeared just a short time ago, president trump's said the commander in chief has tested negative for the coronavn consecutive days. this on his way to a rally in florida as he restarts his campaign as his opponent you see on screen there, joe biden holding a rally at another swing state, ohio. back here in washington, the confirmation broke on capitol hill with opening statements and plenty of political rhetoric, setting the table for hours of questioning, which starts tuesday morning. republicans on the committee