>> not making a deal with anyone. >> it is wednesday, 14, supreme court nominee amy coney barrett fending off democrats attacks and doing it all without a cheat sheet. we are on day 3 of the confirmation hearing. todd: donald trump talking energy, joe biden in pennsylvania, the democratic nominee slams the response from florida, the bitter battle for battleground states. >> sensitivity to our constituents needs. >> see them on the street

begging for food. jillian: sparks fly as nancy pelosi lashes out in a cnn post, the interview that went off the rails. "fox and friends first" continues right now. ♪ todd: a cb did a lot more than second off yesterday. dealing with the inquiries and interrogation from the senate. jillian: quite a day and we will break it down for you. todd: you are watching "fox and friends first" on wednesday. jillian: thank you for joining us. judge peter: amy coney barrett bringing no agenda in confirmation hearings. todd: democrat senators growing her for 11 hours on healthcare, abortion and rural action. we break it all down.

>> reporter: what a day of hearings it was from abortion to healthcare, gun-control, judge barrett refused to show her hand how she would vote on any case is democrats grilled her. ranking member diane feinstein zeroing in on roe versus wade. >> do you agree to with justice scalia's view the row was wrongly decided? >> wrong and a violation of the tenets for me to do that as a sitting judge. >> something that is really a major cause with major affects on over half of the population of this country who are women after all, it is distressing not to get a straight answer. >> reporter: on healthcare vice presidential nominee kamala harris dug in on the election implications. >> republicans are scrambling to confirm this nominee as fast as possible because they need one

more trump judge on the bench before november 10th to win and strike down the affordable care act. >> i have never made a commitment, never been asked to make a commitment and i hope the committee would stress -- trust wind not to entertain such an idea, of wouldn't violate my oath if i were confirmed and heard that case. todd: impressive moments, revealing during 11 hours of testimony she was doing it all along with no notes. >> most of us have multiple notebooks, notes, books, things like that in front of us. hold up what you have been referring to and answering questions. is there anything on it? >> a letterhead that says united states senate. >> that is impressive. >> reporter: a moment that stood out over racial issues senator durbin asking about the george floyd video and its impact on her. >> i have two black children. it was very very personal for my

family. my 17-year-old daughter adopted from haiti, all of this was arresting. it was very difficult for her. we wept together in my room, to understand that there would be a risk to her brother or a sons she might have one day. that kind of brutality has been an ongoing conversation and a difficult one for us. >> reporter: in just hours a second round to go after those hot button issues again, but expect her to tell the senators she has no agenda and you will get justice barrett. todd: that was a powerful -- unbelievable. we appreciate it. jillian: the national political correspondent at npr says democrats says they've met their match with judge barrett. >> judge barrett was poised and unflappable, she didn't want to answer questions how she might

lure approach different issues like abortion or a contested election, didn't want to weigh in whether the president has constitutional ability to delay and election so she carried pretty well throughout the day and democrats tried as hard as they could to get her on the record but they didn't. >> reporter: you can catch day 3 of the confirmation hearings on fox news starting at 8:50 a.m.. todd: the fight for their voters ramps up on the campaign trail. jillian: donald trump and joe biden trading barbs over the economy, medicare and covid-19. carley shimkus live with what the campaign is planning instead of debate. carley: donald trump and joe biden hitting key battleground states yesterday. the president holding a rally in pennsylvania where he blasted biden's energy policy while touting his own antiestablishment rhetoric. >> back to work, joe biden and a democrat socialist will kill

your jobs. i don't always play by the rules of the washington establishment, it is because i was elected - i've fought harder for you than any president has ever fought for their people. >> reporter: the president once again accusing biden of wanting to ban fracking, a claim the former vice president says isn't true. he took a moment to focus on a different kind of energy, his own. >> i took something, whatever the hell it was, very quickly. i don't know what it was. antibodies. antibodies. i don't know. i don't -- i took it, i felt like superman. jillian: biden addressed elderly voters in florida while slamming donald trump's coronavirus response. >> when he got covid-19 i hope he would least come out of it - what has he done? he has double down on the misinformation he did before and making it worse.

jillian: the former vice president feeling confident during the drive in style speech telling voters if he wins florida it is all over for the president. >> the diagnosis has been unconscionable. donald trump remains president, the more reckless he becomes. three more weeks before we end this madness. >> reporter: the race is on. almost 12 million ballots have been cast so far including 1.6 million in florida alone. biden leads nationwide, the race is tighter in some swing states. the president back on the trail today holding a rally in iowa. both candidates will reportedly be holding dueling townhall events instead of that presidential debate on thursday. more fun to come.

todd: sarah sanders says the polls do not reflect the support this president has. >> don't care what the polls say, the enthusiasm is there. i've seen as i travel across the country over the last several months. you can see it when you look at any trump event, literally there is so much love and enthusiasm for this president, people appreciate the work he has done. todd: the president heads to iowa for another rally, biden remains home in delaware. jillian: a fox news alert, three police officers have been hospitalized after being assaulted during a protest in rochester, new york. the officers were attacked with a weapon but police didn't say what kind. one protester has been arrested. the unrest started after a man was arrested for failing to appealing court even though his date was next week. he has been on edge for more than a month, video shot a man wearing a hood die in police custody. todd: a dozen gain clever charged in connection with four

murders. the fbi says the killings happen three months last year in virginia, also accused the gang of running a drug trafficking ring from new york to virginia. 11 of the 12 have been arrested. police believe the last one fled to el salvador. jillian: conflict of interest concerns are rising over joe biden, advising the biden campaign on the pandemic while investing in covid-19 startups. investing in companies offering solutions to the pandemic. in march the company solicited from entrepreneurs products addressing outbreaks. the following month crime was among those participating in daily briefings with biden on tough policy. todd: just a moment ago an american astronaut back from space for the second time. >> 3, 2, one. and lift off.

todd: always cool to watch, lifting off from an overnight to talk with the international space station 20 minutes ago, scheduled into the iss at 6:45 eastern. all 3 will stay on board for about 6 months. jillian: the optimism from the new york times, operation warp speed is working with remarkable efficiency. doctor nicole safire -- dr. nicole saphier joins us with a progress report. >> keeping views private eye matters that may come before the court is smart. he joins us next. with rybelsus®. ♪ you are my sunshine, my only sunshine... ♪ rybelsus® works differently than any other diabetes pill to lower blood sugar in all 3 of these ways... increases insulin... decreases sugar...

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>> do you agree with this particular point, justice scalia's view the u.s. constitution does not afford gave people the fundamental

right to marry? >> it is traditional for voters to amend a state constitution to establish specific processes for elections. >> justice ginsburg gave the most famous articulation. todd: judge amy coney barrett invoking the ginsburg rule following a series of questions on hot button issues. jillian: congressman greg steube joins us. thanks for being here. aside from what you thought about amy coney barrett going into this, after watching yesterday, the length of time she sat there taking questions, her poise, her answers, what is your impression of her after that? >> how calm she responded to pretty atrocious claims, one of which asking her if she ever sexually assaulted someone as an adult which i think is interesting because you're insinuating pre-being an adult

it is okay to assault someone, quite offensive if you ask someone that question and to sit there with a calm and cool demeanor with no notes in front of her, something i certainly wouldn't be able to show emotion after that time, she did an excellent job. it shows her great demeanor as a justice and how she will rule over cases and how she will preside on the us supreme court, it shows her character to the american people, who she truly is. todd: what do you make of the irony of democrats getting so frustrated that judge barrett invoked the will of one of the great liberal icons, one of the great icons on the left? >> how appropriate that it is called the ginsburg rule and ginsburg herself invoked it during her confirmation hearings and since then, that has been how justices have answered those questions. it goes against their canon, goes against their judicial beliefs, and the bull's the

justices have to abide by to answer hypotheticals and specific questions. good for her and it was fun to watch how frustrating the democratic senators got. jillian: you expect to see more of that today. >> i am sure it will be the same today the we saw the last couple days asking specific questions, trying to press her, trying to get her to break after these couple days and give a highlight of some semblance where she would on these things but i don't see her breaking the cold, cool demeanor she's had the last couple days. todd: the democrats have a procedural shenanigans a sleeve but i digress, campaign 2020, after donald trump visited your great state, the trump enthusiasm we are seeing so much in florida, is that enough for him to win florida? >> i have never seen anything

like this in my years in politics, we had friends driving down i 40, the rally was monday. they were driving down on saturday and there were lines and lines of trucks and vehicles with trump flags just driving down the interstate together. i have never seen any type of enthusiasm like we are seeing florida, biden heather reports that 60 people at his, quote, rally most of which were media and trump has hundreds of thousands of people coming to his rallies. there is a huge excitement between what the trump campaign is doing and what the biden campaign is doing in florida. you can see it everywhere you go, trump flags on vehicles, you don't see that, you don't see biden flags flying on vehicles in a convoy down i 4 the middle of our state. jillian: good to see you. fox news alert, three police officers hurt as chaos erupted a protest in rochester, new york. todd: the latest demonstration to turn violent in that city next. look limu! someone out there needs help customizing

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>> a fox news alert, three rochester police officers into the hospital after protesters stormed the public safety building. darren, always great to see you. what do you make of the continuing violence against police even in areas where it seems the tension dialback a bit? >> thanks for having me first off, secondly this is a problem that should be shouldered by bayer lovely. the death of daniel proved, it was a tragic event, but moving

forward she was diametrically opposed to police practices within the the part of rochester, new york. now the public feels they can act with impunity and subsequently assault police officers based on how they feel, we have an erroneous warrant and that was unfortunate but police are there to serve and protect in connection with protecting our citizens and that is not happening, diametrically opposed to police practices. todd: the nypd is preparing officers from growing political protests. was would the response look like? >> what happened in the past, what happened with the death of george floyd, the nypd is one of the best trained officers in the

country but bill diblasio has intermittently intervened in connection with the public safety component with things spiraling out of control. potential events may draw in demonstrations like the confirmation of justice comey couples with up and coming election in november. the nypd is capable of doing this to gloss over mayor diblasio's interruptions with police practitioners. todd: speaking of that windowdressing this is our next topping, to reimagine city policing. is there any way to go back to the policing we've seen under

the giuliani administration, to be the way we go in the big apple. >> by and large when we go back to policing under rudy giuliani's administration, this is a sound system of policing, we see precipitous drop in crime, now we move forward, bill diblasio trying to introduce the current edicts and you have to let the practitioners do what they did best. a revolution in professional development is the best way to move forward, let the police department do what they feel is necessary to right the ship. to subsequently take us back as opposed to moving forward with experience under the giuliani administration. todd: when you see what is happening in new york city, they need more than a committee. there needs to be action, asap.

we appreciate your insight, thank you so much. over to you. >> democrats like kamala harris in gauging in naca scare tactic. >> this is not hyperbole. this is happening. >> amy coney barrett dismissing claims she's eager to overturn obamacare, dr. nicole saphier says fear mongering take center stage and she joins us live next. ♪ the end of the world as we know it ♪ the end of the world as we know it ♪

>> join in a make this brief

urging the court to overturn the decision. >> do you think we should take the president that his word when he says his nominee will do the right thing and overturn the affordable care act? >> you are aware of donald trump's statements committing to nominate judges who will strike down the affordable care act? >> reporter: senate democrats led by, harris -- kamala harris sounding the alarm over obamacare, that will be destroyed with amy coney barrett in the supreme court. joining me to discuss is medical contributor dr. nicole saphier. all of us at home, not medical experts such as yourself, what is your take away from yesterday, what you want people to know about the line of questioning and the response? >> it is frustrating to watch what is going on, the fear mongering in questions that are

irrelevant, to think the confirmation of this justice is going to make the affordable care act go away, absolutely nonsense. amy coney barrett said she has never taken a position to strike down preexisting conditions and she is an independent who does not take orders from the executive or legislative branch. i would have to finish hearing what she had to say, but couldn't go 5 seconds without interrupting her. at the end of the day what she continued to say without breaking her own ethics and the ginsburg will she said she's not taken the position to strike down preexisting conditions that is not going to discuss how she would rule in future cases because that is what they are supposed to do. we have to remember this is about healthcare. the affordable care act doesn't mean you have to have the affordable care act to protect preexisting conditions. preexisting conditions are separate from the affordable care act. americans need health coverage protected.

millions of americans living with chronic illness, 130 million of them. these americans need to make sure they have access to affordable healthcare. i have an idea. breast cancer awareness month. because the harsh lockdowns we will have 35,000 delayed rest cancer diagnoses. how about we focus on those people and guaranteeing the american people we are no longer ever going to have harsh lockdowns like we had before where people were not getting their cancer diagnosis or treatment, that is how we saved american lives, focus on lessening of the cost of healthcare and make sure people have access to affordable care. nonsense with the questioning when it comes to the confirmation hearing is completely a distraction from what needs to get done in terms of healthcare for americans everywhere. >> i can hear the frustration and passion in your life.

making sure people get their visits and with everything going on right now and speaking of that johnson & johnson posited covid-19 vaccine trial after what they say is an unexplained illness. for people at home who may not know this, is this common in the vaccine trial process? you don't hear about it as much. >> pauses in clinical trials are good sign. it seems the checks and safety balances are being met. pauses are very common. the majority the time we don't even hear about them. a pause in a trial means johnson & johnson themselves said hold on a second, there's been an illness, we needed independent review board to look at it to see what is going on. it is not the same as the fda putting a hold on it. what is going on is there's a reported illness, don't have information on it and we don't know if the person who has the bonus received the vaccine or

were in the placebo arm of it. we have to do more investigation, more information will come any day so we will take that information as it comes. jillian: the new york times has a report saying the pandemic will end far sooner than originally thought crediting operation warp speed, the headline says a dose of optimism as the pandemic rages on and experts are saying with genuine confidence the pandemic in the us will be over far sooner than expected possibly by the middle of next year. your response to that? >> a surprising headline but not so surprising because we know that. look what happened with operation warp speed. the entire situation has been fluid, the facilitation of the vaccine and treatment and donald trump is everything he can to subsidize drug companies to make sure they are not only able to cut the red tape, get through

these clinical trials, manufacturer at the same time. the moment there is a successful treatment or a vaccine that is already being manufactured and distributed, mobilizing the military making sure the moment the vaccine is ready americans have access to it. because of these efforts, because of everything we are doing as americans to lessen the spread this pandemic is going to end and thankfully it will end before those scary models told us in the beginning. jillian: certainly hope so. great insight, thanks for joining us. have a good day. todd: police are looking for people who destroyed a billboard, two officers killed in the line of duty, the police union outrage over vandalism. >> to trample on anybody -- little on a police officer serving his community and died in the line of duty.

i don't fathom -- todd: the communities working with union members to restore the billboard. pennsylvania governor tom wolfe making a plea to legalize marijuana, this move will bring much needed financial relief to those harmed by covid-19. they could profit off of pot, it would bring in billions of dollars which would offset a deficit caused by the pandemic. next week mitch mcconnell planning another vote on targeted relief for american workers, $500 million measure includes new ptp funding and boosted unemployment benefits. meantime this. nancy pelosi in a fiery exchange with wolf blitzer over the latest stimulus offer from the white house. >> members of your own caucus wants to accept the deal, $1.8 trillion. >> don't know why you are always an apologist and many of your colleagues apologists for the republican position. what makes me amused if it weren't so sad is how you all

think you know more about the suffering of the american people and those of us who are neglected -- neglected by them. todd: watch the whole thing, it is mind blowing, pelosi demanding a stimulus plan with a price tag of $2.2 trillion. jillian: 7 libra they watch. 35 after the hour, writing night after night in portland taking a heavy toll, businesses pleased to end the chaos. >> the unwanted requests for sexual favors. >> you can do way to property, correct? >> yes. todd: judge amy coney barrett bedding down bizarre questions from the left, more on that next. ♪ ♪ smooth driving pays off

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calm for right now. >> janice: i am loving the calm this. a couple things to talk about. feelings very fall like across the country looking at the temperatures, 40s and 50s as we get those morning lows. satellite imagery moves low-pressure across the northern plains bringing rain and higher elevation snow and colder temperatures the next couple days that will sink as far south as part of the southeast and the gulf coast was with this system the potential for gusty winds will be to fire danger across the west to the midwest but otherwise otherwise a pretty quiet forecast. that is pretty good. a little system across the northern plains but no severe weather, no hurricanes. i will take it. todd: for my money this is the best time of year in this area.

that fall feeling. >> questions all morning long about the line of questioning and amy coney barrett invoking the ginsburg rule. there were some other questions that were so far out of left field, let's begin with cory booker forgetting who was in the chair and presumably trying to ask questions of donald trump. >> you condemn white supremacy, correct? >> yes. >> thank you, glad you said that. todd: ridiculous question to ask her because earlier in the hearing she talked about having her two black kids having a discussion about the george boyd case with them, scratch that off your question list but when has any accusation of white supremacy come up with regard to

amy coney barrett? jillian: to my knowledge it hasn't and that wasn't the only question cory booker posed where once she responded whether or not she gave an exact answer or not, he would go on to talk about donald trump and i felt he used his time to ask questions of the president, the president with one in that chair. not the only off-the-cuff question. let's listen to what senator her roto had to say. >> since he became a legal adult have you ever made unwanted requests for sexual favors or committed any verbal or physical harassment of a sexual nature? >> now. >> have you ever face disciplinary entered into a settlement related to this kind of conduct? >> know, senator. jillian: a lot of people scratching their head asked why she asked that question. we asked that to congressman greg steube

>> house she responded to the addresses claims one of which asking her if she sexually assaulted someone as an adult which is interesting, you're insinuating that pre-being an adult is okay to sexually assault someone, quite frankly offensive you would ask somebody that question. to sit there with a very calm, cool demeanor with no notes in front of her, something i wouldn't be able to show emotion after that long a time, she did an excellent job. todd: couldn't agree more with the congressman. this was an embarrassment to the institution of the court. if it is any indication how senator hirono treat the court on court packing and the like this is a bad indication of that. should be noted kids in the hearing room. jillian: the line of questioning for her today, coverage of day 3 start today:50 eastern on fox news, stay tuned for that.

joe biden suggesting some people shouldn't vote for him. >> why should people who feel they are better off today under the trump administration vote for you? >> if they think that they probably shouldn't. >> reporter: large number of americans say they fit that category. todd: let's see what is coming up on "fox and friends". >> please vote for me, don't care, everybody vote for me, you people don't vote for me. interesting strategy. jillian: for you, steve. >> coming up on this wednesday morning, the first round of questions is done for amy coney barrett. what can we expect from day 3? we will talk to john cornyn and get reaction from the white house, plus a lot of comparison to barrett and her mentor, antonin scalia whose son will

weigh in on her defense on original income and her definition. carrie severino's name came up on trying to tie her to a massive dark money scheme. wondering if she'll respond to the accusation was also on deck, doctor siegal, molly hemingway, rob smith and you. thank you for joining us. we will kick things off 15 minutes from now on the channel you trust 3 your morning news. back in two minutes, stay with us. but my home of my dreams needed some work sofi was the first lender that even offered a personal loan. i didn't even know that was an option. the personal loan let us renovate our single family house into a multi-unit home. and i get to live in this beautiful house with this beautiful kitchen and it's all thanks to sofi.

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better off than four years ago. jillian: cheryl casone joins us with his message for those americans. >> reporter: joe biden dismissing voters who feel good about the economy under donald trump. and gallo pulses 66% of voters say they are better off and they were four years ago, the democratic nominee said they probably should not vote for him and their memory isn't very good. biden, correctly during the interview, tony katz told you the polls didn't surprise him. >> a lot of businesses and the loss of futures. the american people are remarkably resilient. >> reporter: the president sees on the polls, incredible americans feel that way during a pandemic.

jillian: in the meantime the story we've been following for months. and portland business owners really get tired of it and are pleading for help. jillian: portland business owners and community leaders pleading with local leadership to stop the violence for months. protests been hijacked by criminals, coffee shops, all recently damaged. ted wheeler said he committed to help people feel safe, $15 million cut from the police budget. todd: when it is a title of a segment, usps says amazon prime day won't impact election mail, 10 years ago, i don't know what

any of those words mean. >> because of a pandemic, pushed it to the fall, day 2 of amazon prime day, there are worries the election could be disrupted. because of it, consumers spending $10 billion, the post office is dealing with a high volume of election mail. a spokesman for the post office says they are 100% committed to the nation's electoral process. envelopes versus packages. jillian: good to know. 9 minutes until the top of the hour, amy coney barrett fielding hours with no notes. todd: pam bondi makes her predictions next.

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jillian: good morning and welcome back. amy coney barrett's confirmation hearing enters third day today. what should we see. todd: former attorney general and women co-chair pam bondi joins us. are you expecting much of the same today or are you worried democrat have something up their sleeves? >> they asked her a couple bizarre questions out of left field, didn't they yesterday, with absolutely no meaning, just out of left field about a sexual assault, that makes no sense. it's 20 minutes today for each

of the senators to ask questions she gets to respond. all that matters, she is unflappable. she is a mom a successful lawyer. notre dame professor and she was rated well qualified by the aba the american bar association which is the standard, the highest standard that liberals use. so she is a great woman. she is kind. when you choose a judge and especially a justice, one of the main things is humility. she is so humble. she is a real person. she is brilliant. she is going to be such an asset to the court. they need to confirm her right away. did you hear yesterday how they kept complaining about we have better things to do. we don't need to be sitting here the democrats. then confirm her right away, put her on the court because that's where she is going. jillian: one of the words they keep using to describe her this morning is poised. >> exactly. jillian: so poised in every answer she gave.

joe biden says he is not a fan of court-packing but kamala harris refused to answer this question, that same question to fox news whether or not she agrees with him. go ahead and take a listen to both. this is from monday and tuesday. >> i'm not a fan of packing -- court packing. i don't want to get off on that whole issue. i want to keep focused. >> vice president biden has been very clear with the american people where he stands. the bottom line is we are 21 days now from an election? and that's where we are focused. >> would you also say you are not a fan of court-packing? jillian: some of whom have already voted. so are voting, you know, today, tomorrow, and in the next few weeks. do you think that they deserve a clear answer to this question? >> the american people have to have an answer to this question. what they want to do in court pack something gerrymander a

majority of the court to have things ruled in their favor. basically they are changing our system of justice. they would be increasing the justices, which hasn't been done by the way in 150 years we have had nine justices. they would want to increase the justices so they would have the majority to get the rulings that they want. everyone is entitled to know if they are going to do that. it would change our system of justice by doing away basically with the legislative branch. the executive branch. because the judges would be legislating from the bench. they would choose very young, very liberal justices to add to that bench and it would be a nightmare. it would do away with our justice system as we know it. so, yes, and by the way when he said i'm thought a fan, he didn't say he wasn't going to do it, did he? todd: exactly. >> big difference. todd: we have about 45 seconds remaining, pam. new documents reports from yahoo and mother jones in an attempt

to substantiate the dossier. reporters and the reporters would be the basis by which they did their investigation. will anything come of this revelation? >> it better. the durham report is still out there. we are waiting on it to come out. is he a great investigator. is he a great u.s. attorney. i think we are going to see some criminal charges. we better. we already know that one lawyer lied to the fisa court. this doesn't surprise me at all. that they were doing. this because they were trying to go after the president of the united states anhad hillary cliy would have gotten away with it. if joe biden wins this race, which he won't, it will all disappear. todd: there you go. pam bondi we appreciate it as always. i want to nerd out you went to law school and i went to law school how awesome would it have been to have acb as a professor? >> i can't believe you said that i wish i would have audited her

classes. todd: i had great professors too. that was something to see. thanks, pam. jillian: i'm in the minority because i didn't go to law school. todd: she explains things so beautifully you can learn. jillian: thank you for joining us this morning. i will join you tomorrow morning at 4:00 a.m. "fox & friends" starts right now. have a great day. >> people say that you are a female scalia. what would you say? >> i want to be careful to say that if i'm confirmed you would not be getting justice scalia. you would be getting justice barrett. >> she reminded people what a supreme court justice should look like. >> president biden said yesterday he is not a fan of court-packing. do you agree with that? would you also say you are not a fan of court-packing? >> the "new york times" appearing optimistic about the end of the pandemic admitting that operation warp speed is working. >> the whole concept of operation warp speed is how do we work fast quickly together and they have been doing that. >> members of your own