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 caucus madam speaker $1.8 trillion.

>> i don't know why you are always an apologist and many of your colleagues apologists for the republican's position. >> have multiple notebooks and notes in. can you hold up what you have been referring to in our questions. is there anything on it? >> the letterhead that says the united states senate. ♪ stole the show. ainsley: confirmation hearings yesterday she took all those questions. her note pad was blank. she didn't take any notes. she knew a tremendous amount about each of these cases. very impressive. the blanks note pad yesterday from 9 to 8:00 p.m. yesterday. the senators spent 10 hours and 31 minutes prodding her about abortion, lgbt rights. asking her if she committed sexual assault.

if she condemned white supremacy and her kids sat through it all. i was impressed. they were there the entire time. steve: she was on tv more yesterday than the my pillow guy. brian: not easy to do. steve: quite a feat. brian: so many ways of making pillows i never tire of them. steve: that's come today. brian: 12 million people have already voted for the trump team he has got it feel encouraged by the size of his rallies in orlando. yesterday in pennsylvania and i think he hope force a big turnout and rally in des moines tonight. steve: he is going to sprints to the finish as does griff jenkins sprints to the job every morning as we break down day two. actually today is day three of the confirmation hearings. we don't have the video of that yet. griff, take a look at day two. griff: that's yet to come what hearing it was from abortion to gun control judge barrett refused to show her hand on how

she would vote on any issue calmly striking back as democrats grilled her. >> judges just can't wake up one day and say i have an agenda, i like guns, i hate guns, i love abortion, i hate abortion and walk in like a royal queen and impose their rule on the world. griff: that didn't stop dianne feinstein from zeroing in on roe v. wade. >> you agree with justice scalia's will that. >> it woul against the canons fe to say that as a judge. >> something with major cause with major affect on over half of the population of this country who are women after all, it's distressing not to get a straight answer. griff: dig digging in, casting her as a threat to obamacare and on potential 2020 election

disputes. senator coons demanded her recusal. >> given what president trump said, given the rushed context of this confirmation, will you commit to recusing yourself from any case arising from a dispute in the presidential election results? >> i certainly hope that all members of the committee have more confidence in my integrity than to think i would allow myself to be used as a pawn to decide this election for the american people. griff: in that i am progressive moment what may be the most enduring image of the hearing barrett holding up that note pad revealing during that 11 hours of testimony she had no notes whatsoever, seeking to maintain her judicial independence and setting herself apart from her mentor justice scalia. >> 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. and that's so because originalists don't always agree

and neither do textualist. griff: now it's time for round two day three. now each senator has 20 minutes. they will no doubt dig in deeper on those same issues, abortion, gun control. what have you. it will be interesting to see how they take their track this time because clearly she was somewhat unflappable and knew her stuff, brian, ainsley, steve? ainsley: she definitely did. thank you so much, griff. it when it comes to the aca obamacare and gun control. she has not made it to the white house aca. when it comes to abortion she won't impose personal views on the law. lgbtq she says i have never discriminated on the basis of preference and wouldn't discriminate on sexual preference. brian. brian: 3 hours and 3 minutes. the afternoon session 7 hours. will chairman can you stick it out. shear. go to lunch and come right back. not only didn't she need notes but she couldn't be more

releaksed there was none of those forced smiles or ugly smiles for hard questions. remarkably composed. i want you to hear some of the questioning that she got first off it was good to see people polite, not talking over each other. even if you didn't like the line of questions. steve: was that on cnn talking over each other. with nancy pelosi. brian: back and forth. listen to some of the questioning. >> have you seen the george floyd video. >> i have. >> what impact did it have on you? >> senator, as you might imagine, given that i have two black children that was very, very personal for my family. >> but you condemn white supremacy, correct? >> yes. >> thank you. i'm glad to see that you said that i wish our president would say that so resolutely unequivocally as well. >> since you have became a legal

adult have you ever made unwanted requests for sexual favors or committed any verbal or will harassment or assault of a sexual nature. >> no, senator hirono. >> have you ever entered into settlement related to this kind of conduct? >> no, senator. >> who win when you say allow unlimited dark money in politics? >> i imagine you were surrounded by a team of folks that helped prepare you for this nomination hearing. >> i have had, yes. harris: let me finish if you don't mind. >> i'm so sorry. >> is roe a super precedent? >> how would you define super precedent? >> i actually i might have thought some day i would be sitting in that chair. i'm not. imup here so i'm asking you. >> people use super precedents differently. brian: so much there. a couple of things the dick durbin question was interesting because i had no idea what her answer was and she was able to say okay i'm not a lawyer, i'm not a supreme court justice nominee. i'm going to be a mom. i love that cory booker seemed like he was talking right to the

president of the united states. and it was almost a little embarrassing when he wasn't really prepared introducing the cases he brought up. she knew it so much better than him. but, again, i think he should realize he is not running for president. and i thought ted cruz just destroyed senator sheldon whitehouse saying dark money coming into these campaigns and supreme court justices when most of the money was 194 million for democrats and 25 million for republicans. ainsley: he didn't even ask any questions. brian: didn't ask any questions. what's the point. he was great at dropping his cards so was that fantastic. steve: he did mention carrie severino when he was talking about dark money. she is going to be on with us this morning to respond to the senator. the democrats questioned her for hours and really got nothing. and the great thing about it yesterday was keep in mind, not only is she, you know, could c p for a job at the supreme court. but because she has been a

professor at a law school and the reason, ainsley, to your point about her that note pad was empty because when you are a professor in front of law students they are going to ask you every question in the book and you can't have the book. so you have to have it in your head. and, man, she was -- she spoke with laser like memories of such things that she had written about. ainsley: i know. steve: not only as to law school but also as she sat at the u.s. federal court of appeals. ainsley: steve did, you watch when klobuchar, she was questioning her about different case and rulings she had on her cases and her response. steve: click, click, click. ainsley: the judge said which case are you referring to when i wrote about this case and she named the case or this case and named the case. it was so impressive how she remembers all of these cases number one in her class. steve: michael good win writes in today's "new york post" the problem for democrats is that barrett came across as an

appealing super woman flanked by her husband, six of seven children. her six siblings. she was flawless in answering those questions she could and politely side stepping the traps. here is sarah sanders on just that. >> she is way too smart to take the bait. she ran circles around them. she made them look small and she looked like the very highly qualified, strong, independent woman that she was and reminded people what a supreme court justice should look like. she was the definition of that today. i think the big take away and one of the things that we saw as this was wrapping up is that justice barrett is 100 percent ready and capable to take on that role. steve: do you know what? and if what we saw yesterday was all the democrats have you've got to think that the white house and the republicans on that particular committee feel

like she will sail through, ainsley. ainsley: when i was watching and saw her children i wondered if her kids would be there yesterday because the questions, you know, can be controversial. steve: you never know. ainsley: long day. i'm glad they were there i was thinking about raising my own daughter and this is a woman that little girls can grow up to achieve to be to want to be. not only is her character amazing according to friends. always thinks of others. adopted to two children. seems to have balanced it all a professor so bright. probably soon to be a supreme court justice and raising seven kids. we had a friend on yesterday saying we carpool. we take care of each other's kids. she is a mom above all. so i was watching her kids and thought how impressed they must be. that's my mom up there. how amazing is that? i'm sure they are just as bright as she is. i was so proud of those kids because they have such a role model in their mother, brian. brian: all right. so let's pivot over to 2020

election because that was so much a theme in yesterday's through all the questioning because they got 30 minutes each. they all snuck it in. even senator lindsey graham brought up the fact that he wants to be senator lindsey graham after november 3rd. senator kamala harris. so much pressure on her. how are people going to look at her. what about the line of questioning. remember how controversial and strong and probing she was with kavanaugh. not really. she doesn't show up. she is in her office. she is skyping in. there seemed to be a delay. reading much of the questions. then she weighed in on the fact is as she walked to the elevator on the biggest controversy out there right now. what's making it worse is they don't answer the question. will joe biden change the way the legislative branch functions in america by doing what fdr tried to do and add up to 7 supreme court justices to the supreme court. like senator, chuck schumer indicates if he gets control of the senate, he has put on the table kamala harris, will you answer that question of joe biden saying earlier that he is not a fan of doing it while not

ruling it out? listen. >> vice president biden said yesterday that he is not a fasten court packing. do you agree with that? >> i think vice president biden has been very clear with the american people where he stands. the bottom line is that we are 21 days now from an election. and that's where we are focused. >> would you also say you are not a fasten court packing? [no response] brian: by the way she is. she did support that when she was running in 2019. on top of that, too in the big picture, if you see what's going on it, seems like joe biden and kamala harris think they won already. they are running out the clock. if you see the size of these crowds. if you see the purchase of facebook ads in these battleground states from the trump team. they see how little she is being used. jill biden gets used more than kamala harris on the stump. i'm mystified by a lack of answers.

steve: brian, keep in mind, she skyped in from her office because of coronavirus. right there she is getting into an elevator with 1, 2, 3, 4, 5, 6 -- 6 or 7 people which is extraordinary. let's get this right. she could not be in the meeting room because she needed to protect herself from coronavirus but she just got into that little space with all those people. brian: i hope she survives. steve: well, we all do of course. she also said just before that she said vice president biden has been very clear with the american people. brian: yeah. steve: that's funny, too. he has not been clear and she just got into a packed elevator. ainsley: i wish walking down the hall. she got in the elevator and the reporter asked that question and she is thinking doors closing, doors closing. steve: faster. ainsley: add justices to the supreme court that side with them. the problem is if joe biden or kamala harris if they side with the left then they risk turning off that independent swing

voter. so they are not answering it. steve: they don't want the moderate person likes the way the supreme court is set up right now. i think 65% of the country likes the way the supreme court is now. they don't want it packed. the progressives they are going to need want it packed. so that's why they are not saying anything. and that's why she just got into that crowded elevator. brian: final point on this there is two things. they thought amy coney barrett getting on the supreme court would benefit republicans but hurt in the election. she is so strong and the stacking, the packing of the court is such a hot issue and they have done such a terrible job addressing it. i believe that the risk has been turned on its head all the pressure is on the democrats. jillian joins us right now. jillian: good morning to you. again with this story. shocking new emails claim hunter biden introduced his father to a ukrainian businessman who advised burisma hunter was on the company's gas company's

board while joe biden was vice president. the "new york post" obtaining the email written in april 2015 saying in part, quote: thank you for inviting me to d.c. to meet your father and spend some time together. it's really been an honor and privilege. joe biden has previously claimed he had never discussed overseas business with his son. overnight, a marine commander is fired after a training accidents that killed nine service members this summer. lieutenant colonel michael regner relieved of duties due to a loss of trust and confidence. killed when amphibious assault vehicle sank off the coast in july. it's still not clear what caused the accident. eli lily causing trial little l. recommended the stop to the pharmaceutical giant. eli lily is the third company to pause covid-19 testing. this comes one day after johnson and johnson stopped its vaccine

trial due to an unexplained illness. the company hopes to restart testing shortly. they paused their trial i should say. the tennessee titans returning to the field for the first time sings the covid-19 outbreak and they didn't miss a beat. the titans crushing the bills 42-16 for buffalo's first loss of the season. running back derrick henry lighting up social media with this incredible stiff arm sending bills quarterback josh norman flying. the titans are undefeated. i don't know what that is like to feel like for your team to be undefeated, brian. brian: how about to be that strong. one hand throwing a guy who is in your way, unbelievable. ainsley: thank you, jillian. how long until things get back to normal? a new report from the "new york times" says it could be sooner than examined. dr. mark seale is here with the latest in the battle against covid-19. that's coming up next. house speaker nancy pelosi fiery interview about stimulus talks.

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ainsley: a glimmer of hope in our battle against the coronavirus. the "new york times" reporting you, quote. experts are saying that the pandemic in the united states will be over far sooner than they expected. adding despite the chaos and day-to-day politics masks and lockdowns operation warp speed appears to be working with remarkable efficiency. here to react with fox news

contributor marc siegel new book called "covid the politics of fear and power of science. it is out today. congratulations, dr. siegel. we will get to that in just a minute. >> thank you, ainsley. ainsley: you are welcome. i wanted to get your response to this because the "new york times" is saying. this should do we believe it? should would he be optimistic? >> i'm happy to see don mcneil and the "new york times" write this article. it shines a spot line for months now always doom and gloom and the politics of fear as i write in my new book always about how we can look at things from a negative perspective which causes more harm than good. is he pointing out in here that, look, back in march, the coronavirus task force was projecting the possibility of 10 times more deaths than we have seen from covid-19. also, the age of the people getting infected is way lower. also, we're seeing compliance with masking around the country of up to 90% of people going into stores.

also, and perhaps most importantly, under the current administration, we are seeing rollout of new they're pew dicks like monoclonal antibodies. operation warp speed have six vaccines final stages of trials and may see a vaccine emerging in the late fall and winter. all of this is not something we predicted months ago. and it's really something that can be seen in a much more optimistic way than the way it was projected before. ainsley: finally some positive news. what's the reason for this? why this article? what have americans done right? >> one thing they have done right is to make the virus more seriously and start to comply with public health measures. that's one thing. another thing they have done right is that they have gone more towards protecting high risk groups. we are doing a better job at protecting nursing homes. you know, janice dean has done a terrific job, sadly, reporting this story about here in new york how that has been a huge

tragedy under governor cuomo. there is still the issue of are we still going too far with fear, ainsley. our schools are open here in new york. but our populations, especially minority populations are very afraid to send their children to schools even though schools have not been a place that has been showing a lot of spread. so we still have a long way to go in cutting through the fear and sticking to the science of the situation. but we're seeing milder cases. we are seeing fewer deaths. we are seeing hospitals more prepared. and overall, it's a turn for the better for the pandemic. i think that the virus is still spreading quite easily, but it's becoming less deadly as we learn how to take care of it. ainsley: so what do you hope the audience learns from your book that's out today? >> i think what the audience should understand, the degree to which this has been politicized. i'm deeply disturbed about that. it's dogma. it's everyone against each other. my way or the highway. i'm not a doctor but let me tell you what you should be doing. politicians using it for votes is a disgrace.

my book gets into this issue. of politicizing the vaccine about because it comes from the current administration the opposition attacks it. the same thing with treatments. i think that we -- it's a disgrace how americans have been at each other's throat. i make a proposition in my book. let's replace fear with courage and fear with kindness. if we show kindness to each other and, ainsley, this is one of your main messages, too. that's one of your main messages. we need hope. we need kindness. we need prayer. all of that helps us get through this situation much, much more than judging each other. ainsley: thank you for such an optimistic message this morning, dr. siegel. i think our country needs that right now. we are craving it. thanks for writing this book and being so kind. you have helped so many people and you are a hero. we know that our doctors, our teachers, heroes, first responders, god bless you thank you for all your work. >> thank you, ainsley, i really appreciate that have great day. ainsley: everyone pick up his book. make him number one.

covid the politics of fear and power of science. congresswoman maxine waters republican challenger calling her out for not even living in the district that she represents. watch. >> max senile watters does not drink our water. she does not breathe our air. and while she sits here in her mansion, our district is in ruins. ainsley: that man that congressional hopeful also a navy veteran is going to join us live next.

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brian: a navy veteran has a new campaign ad targeting maxine waters' lavish home. watch this. >> do you know where i am right now, maxine waters $6 million mansion. do you know where i am not right now? maxine waters' district. brian: wow that veteran joe collins is looking town seat ugly watters for district thought to be a safe seat which she was represented for 30 years. he joins us now. so, joe, congratulations. that ad, very powerful. you, very powerful and sincere. you walk through your neighborhood where you grew up. you walk through your district where you want to represent but you had to leave that district to go to maxine waters' house. where did you get this idea? >> you know what? it's something we had been contemplating for a long time. something that we spoke to the team. but i think the biggest thing is we have to shoat contrast between how representative waters' lives and how people in the rest of the district lives. she comes to our district and preaches hateful message and

we're left to college up the mess after she goes back to her mansion. and people have to see that. brian: as she been able to bring money, attention to your district that you grew up in? >> you know what? she has never brought any money to the district. when it comes to attention it's always negative. i remember being a child i have never heard maxine waters say anything positive and that to this day she is stuck in post jim crow era and refuses to move forward in a positive productive manner. brian: i hear that word refuses. i grew up in that area. so many times people tell me i worked out there for a while there is a sense of hopelessness in that area. new that sense you didn't show it. and then you spent 13 years in the navy. how determined were you to change your circumstances? >> you know what? my mother actually was a determinant factor in us moving out after our house was shot up in a drive by. i got in the military to get involved in the politics when i had nowhere to go sleeping many nights -- i was going to maxine

waters' house every day to get hope with internships get her attention and took her flowers met with silence. to say this day i have never heard anything from maxine waters but why she destroy my reputation and tell the truth who she is. brian: why raw republican? >> i'm a republican the history of the republican party black people being in the republican party for me i wanted to get back to those roots. the first black man to get involved in politics were republican. and then the values, the freedom. the christian values. these are values that resonate with me. people need to know what real freedom is we don't want handouts we need opportunity. brian: why you go to her house, that compromises her security. what do you say to them joe collins. >> everyone already knew where she lived at people are just in denial. president trump gave me a voice to be the representative for the inner city. i appreciate that because you hear all the time people say that they call him racist when

crime infested and drug infested it's absolutely true. now someone from this city can say the exact same thing it doesn't seem so racist. our cities garbage and trash. a lot of homelessness and gang violence and a lot of domestic violence and we have a lot of sorry representatives who have been sitting in she's seats for 20, 30, 40 years have never done anything for tuesday. brian: anyone can point out the problems. very few people want to change and fix the problems. joe collins is one of them. joe, thank you so much. >> thank you. brian: is he going to do the best he can we know it's going to be uphill battle. we invited maxine waters on. steve, anything? steve: not yet. still on the phone. brian: did you get this. house speaker nancy pelosi lashing out about covid-19 relief talks. >> what i say to you is i don't know why you are always an apologist and many of your colleagues apologists for the republican position. brian: does she know she is on

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♪ >> most of us have multiple notebooks and notes and books and things like that in front of us. can you hold up what you have been referring to in answering our questions? is there anything on it? >> the letterhead that says united states senate. >> that's impressive. brian: that's a former judge talking. an impressive moment indeed judge barrett revealing during her 11 hours of testimony. she was doing it all along without any notes. ainsley: i love her smile she was proud of herself as she should be. steve: joining us now media report for the hill joe con challenge. joe, would you please show us if you have any notes. >> we didn't practice this or anything.

[laughter] >> do jot down during interview in case throughout comes to my head. steve: you know, joe, what this shows is because she is a law professor, she doesn't need to have notes about the law because she knows it backwards and forwards because that's what she teaches kids. >> and you look at the last four confirmation hearings, steve, whether it's a kagan, sotomayor under obama or gulch or kavanaugh under president trump all had notes for acb to not have notes in these situations just shows it was so refreshing. my wife isn't in to all politics that much she watched a little bit. this is like watching adult among children. it's true. refreshing to see someone who measured, so confident in her arguments. and as you said, nearly 11 hours of testimony. meanwhile, the senators that were questioning her, whether it's cory booker or kamala harris are reading 15-minute prepared speeches off of a piece of paper. and they're looking down because

they have to have their notes prepared for them while barrett is just looking up and waiting for a question and very patiently by the way because, again these went on for a long time. kamala harris, since she was chosen as joe biden's running mate still hasn't had one press conference or gaggle of as far as transparency. brian: amazing. >> bottom line is she was out of their league, guys. no question about it. that was the o optic. these hearings always have one or two takeaways that was the take away holding that up note pad saying i got. this. ainsley: some people are hurting and wolf blitzer interviewing nancy pelosi and he pressed her on this republicans want $1.8 trillion. i know you are asking for more. why don't you just take that and give it to the people who are hurting? they got into a heated exchange. watch this. >> even members of your own caucus, madam speaker, want to accept this deal. $1.8 trillion. >> i don't know why you are always an apologist and many of

your colleagues apologists for the republican position. what makes me amuse you had, if it weren't so sad, is how you all think that you know more about the suffering of the american people than those of us who are elected by them to represent them at that table. ainsley: joe, do you think the people out of work their businesses were burned down, their businesses had to closed, do you think they should be satisfied with that? >> they are not because i look at polls a lot as you know guys. for instance, a supreme court gallup has -- their approval at 58%. that's the highest nearly a decade. compare that to congress where it's 41% lower. 41 points lower. 17%. that approval was 31% in may by the way. people see this inaction being done, led by nancy pelosi in this case and they say what is this person elected for exactly if they are not here to make our lives better. particularly during a pandemic in these situations so, yeah. we always hear about how pelosi is a master politician who owns president trump. boy, she could do no wrong.

you know her approval is only 37% in the real clear politics average or 8 points lower than the president's in that same poll? look, that interview with wolf blitzer i haven't seen the house speaker this upset sings she attacked that owner of a hair salon in san francisco who somehow tricked her through i guess a jedi mind trick which brian knows are very, very effective into going into that indoor hair appointment. yeah, the bottom line is look, nancy pelosi, guys gets two kinds of questions during interviews do you call it mint chocolate chip or chocolate mint chip. president trump is bad but how bad, madam speaker. for her to get asked a fair question it wasn't a gotcha question wolf from wolf blitzer fair question for her to attack as she did james rosen of this network. woodruff. republican apologist. last three words i thought i would ever see in a sentence is cnn republican apologist. nancy pelosi went there, guys. brian by the way, joe, take a look at her district how many

homeless does she have to step over in root t rout mansion on e hill. how many sometimes does she put money in that state which she is hurting so much. kamala harris on the ticket and nancy pelosi arguably more powerful than joe biden should he win. and does she crazy, does she have cable in her office or on her plane? does she actually think cnn has any right wing apologists on their network? have you seen that right wing zealot don lemon lately always going to bat for the president or is it chris cuomo, sorry, i got it confused. even if you look at the cold open by wolf blitzer, it is so anti-trump on a daily basis, it should have a laugh track. how bad off is she for her to lose it on that and keep in mind, too is that she is getting pressure from the left. she has a problem solvers and others puttings legislation forward and she has to squelch it almost daily. >> let's put it this way as far as cnn being apologist for

republicans they had joe biden in the town hall just two weeks ago, 16 questions chosen by audience members supposed to be undecided in pennsylvania. 13 were from democrats. just three from republicans. it was a fixed fight. so, yeah, i don't think anybody believes that but, look, i like the fact that bill maher just last week had adam schiff on and asked him about his district and what was going on in california. and mar said i want to move out of here because california is so bad. nancy pelosi never seems to get those questions about her district or kamala harris in terms of her performance in that state. always almost the questions are about president trump or about the opposition, which is this very definition of softball by the way, guys, asking about someone's opposition and what they think of them and that's what we are seeing from the media at this point. any way guys, got to go. still birthday week around his ohere.my daughter had her birthn sunday split up the parties every day she actually broke her arm fell off the swing set. she is okay. she played soccer yesterday. it's amazing the technology they

have in terms of what she can and cannot do. steve: so much good news from the concha house. your daughter broke her arm and couple weeks ago someone stole your car. what's next? >> i'm in the basement and that flooded a couple months ago and by the way there is a pandemic. i can't wait for 2021. weird science in that comes in. ainsley: imagine new year's eve the whole country is going to be celebrating. brian: separately, of course, in space suits. steve: joe, thank you very much. >> all right, guys. take care. steve: good luck. you need it. 14 minutes before the top of the hour. man, very clear where his day is going. jillian: i don't know that i i t know that i would wants to be part of that household. the teen accused of killing two protesters in kenosha, wisconsin will thought face charges in home state of illinois. kyle riten house bought the gun in wisconsin. they can't prove he had it in illinois which would have

violated state law. attorneys argue the shooting was in self-defense. they are fighting his extradition back to wisconsin. one of nypd's top cops abruptly retires after apparently butting heads with bill de blasio. former chief of patrol slams the mayor for micromanaging and undermining him. he was promoted to the position in december. he walls the highest ranked hispanic man in the department. a father of four narrowly escapes death when a huge pies of metal smashes through his windshield. look at this. it flew off a truck driving along the 64-year-old in delray beach, florida. the metal chunk stopped right before steering wheel. the family says god saved his life. how lucky is he? steve: oh my goodness. ainsley: isn't that scary when you drive behind a big 18 wheeler or a truck and they have a ladder on the back i always

get in the other lane because i do think about that. glad he is safe. thank you, jillian. hand it over to janice for the weather. how is the weather looking? janice: good morning. do you know what? pretty good. we have a few things to talk about in one part of the country it feels like fall, kind of winterish the northern plains and then across the south that's where it still feels like summertime. in between that that's where we are going to have the potential for gusty winds and wildfire danger today. in terms of satellite presentation we do have a system moving across the northern plains in towards the great lakes. higher elevation snow with this. as i mentioned, this cold front is pretty gusty the winds and potential for more wildfire danger. we have 73 large wildfires still burning across the west. and the heat advisories continue for parts of southern california. those have been in effect for several days now where the temperatures are 80s, 90's. close to 100 degrees as you get in towards the southwest. so, you know, a few things to talk about. no major weather systems. and no hurricanes and we will

take that. that's good news in the weather department. steve, ainsley, brian, back to you. brian: all right, janice, thanks so much. meanwhile straight ahead, judge amy coney barrett promising to put her personal phoenix feelings aside dot dot dot when deciding on cases. next guest is a friend of barrett and says her record backs that up.

♪ steve: judge amy coney barrett vowing to set her personal beliefs aside when judging cases if confirmed to the supreme court. watch this. >> judges can't just wake up one day and say i have an agenda, i like guns, i hate guns, i like abortion, i hate abortion and walk in like a royal queen and impose, you know, their will on the world. steve: all right, here to react is notre dame professor and friend of judge barrett amy busaloto. good morning to you. >> good morning, steve. steve: she is in law school you are in the school of architecture. how do you know her? >> well, i met amy years ago when i was struggling to find models for how to juggle academic life and raising a young family and she was a really steady hand at my back

then and has been ever since in those matters. but i really came to know amy as a mother. we have children -- three of my four children and three of her seven children have been in classrooms since kindergarten together. we have done a lot of magical kindergarten centers together. and we have sat on a lot of soccer sidelines. so i really have been fortunate to sort of mature as a mother along somebody so capable in those ways as amy coney barrett and her husband as well. steve: amy, when you heard that your friend, amy coney barrett was up for this job and the last personal who was up for a job, brett kavanaugh and he was, you know, the confirmation hearing was bruising, were you -- were you worried for your friend about what she was going to go through by putting herself and her family in this position? >> oh, sure.

sure. i think, you know, amy is exceptional by any standards. and we all saw that yesterday. she is a real person. and she is full of love. she is full of love for her family and so, of course, we all sort of braced ourselves because this is an extraordinary demand to or occasion to rise. to say especially given judge kavanaugh's hearings. steve: were you amazed by the fact that senator cornyn said let's see your binders or notes? and she just held that up piece of stationery that they had put in front of her that just said u.s. senate. >> yeah, no. not surprised at all. if you know amy. look. someone like amy who holds her principles so steadfastly and who can speak with such a clarity of thought about them,

you know, she doesn't need notes. she knows the law. she is almost unequaled in her abilities in that realm. so, i really wasn't surprised. i'm so glad she got that moment to show the country and the world, frankly, how very capable she is. steve: we are going to see again today another round of questioning. amee, a friend of amy coney barrett, thank you so much for joining us today. >> you are welcome. thank you. steve: you bet. a real pleasure meeting you. coming up, joe biden says he never talked to his hunter about overseas business. a stunning new email could prove that story not true. that coming up next. what if i sleep hot? ...or cold?

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you get a shortlist of quality candidates from a resume data base so you can start hiring right away. claim your seventy-five-dollar credit when you post your first job at indeed.com/promo >> expressed view on whether i agree or disagree everybody calls the ginsburg rule no hints, no forecasts. >> left wing extremists. that puts more pressure. can you imagine if you lose to a guy like this? >> 56% of americans said they were better off today than they were four years ago. so why should people who feel they are better off, under the trump administration, vote for you? >> well, if they think that, they probably shouldn't. >> i don't know why you are always an apologist and many of your colleagues apologists for the production' position. >> people see this inaction and they say what is this person elected for exactly. >> do you know where i am right

now? maxine waters' $6 million mansion. >> we have to show the contrast between how representative waters live and how people in the rest of the district live. ♪ hey ♪ hey brian: i don't know how they make these noises on this song. outkast does that are they banging the table? steve: that's me. brian: been a long time since i have been to the music store. hey, i have got to tell you even though my hello disappeared in the prompter it was earlier. ainsley: you are not allowed to talk, brian. you go first, brian. brian: this is what i got. 20 days until the election. yesterday i was a day off. i got so close and 12 million people have already voted. that's how i'm adding to the show. steve: inkeyed, today would be day three of the confirmation hearings. it's her second day of questioning. and they could wrap things up as early as tomorrow, ainsley.

ainsley: this is really the last day she will appear. i know it's not over until tomorrow, at least, then they want to take the vote next thursday. this is round two of questioning. each senator gets 20 minutes and then possibly round three today where each senator will get 10 minutes. she really held her own yesterday, gosh. she knows those cases doesn't she like the back of her hands. she held up that note pad and it was blank. griff jenkins joins us live in washington as we count down to day three of the confirmation hearings. griff: hey, anxiously, brian and steve, good morning to you. no doubt the folks in the white house behind me must be awfully pleased because she was, by most accounts, unflappable and knew her stuff very well from abortion to healthcare to gun control. democrats grilled her on everything and, yet she refused to answer any questions with specific i that could come before her as a justice. you had the ranking member, dianne feinstein, grilling her over roe v. wade and vice

presidential nominee harris join in on obamacare. watch. productions 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 entire affordable care act. >> i have never made a commitment. i have never been asked to make a commitment. and i hope that the committee would trust in my integrity not to even entertain such an idea and i wouldn't violate my oath if i were confirmed and heard that case. griff: on potential election disputes that could arise in november. senator coons called for her recusal. >> given what president trump said, given the rushed context of this confirmation, will you commit to recusing yourself from any case arising from a dispute in the presidential election results? >> i certainly hope that all members of the committee have more confidence in my integrity than to think that i would allow

myself to be used as a pawn to decide this election for the american people. griff: and that impressive moment you mentioned, ainsley, and perhaps the enduring image for the history books very revealing during her 11 hours of testimony she was doing it all along with no notes. the day ended though where she began and comments chairman graham over her judicial independence. >> judges can't just wake up one day and say i have an agenda, i like guns, i hate guns, i like abortion, i hate abortion, and walk in like a royal queen and impose, you know, their will on the world. griff: so she is back before the judiciary committee today no doubt. democrats will again question her. and it's certainly quite a contrast from two years ago with justice kavanaugh. we will see where it all goes. it will be a long day as well. each senator will get 20 minutes this time. but, a sign of republicans' confidence that vote for her in committee is already scheduled,

we are told, next thursday so, it seems to be going pretty much as planned for the moment. brian, ainsley, steve? brian: thanks, griff. great recap. meanwhile, there is so much to go over when you talk about 12 hours of talking. q and a's. i will say this. the overall tone i thought was great. they were respectful. they didn't really talk over each other and it's noteworthy because we are not used to this type of class from everybody all around. number two, is when i saw chris coons reminded me of another cool moment chris coons was saying, you know, it was good to see you get along with people and say nice things with justice ginsburg. just like you when you came to notre dame and with jeff flake and he had a big smile. they do know each other and maybe that has a lot to do with it. here is a little of the questioning if had you to rake the lawn yesterday. >> have you seen the george floyd video? >> i have. >> what impact did it have on you? >> senator, as you might imagine, given that i have two black children, that was very,

very personal for my family. >> you condemn white supremacy, correct? >> yes. >> thank you. i'm glad to see that you said that i wish our president would say that so resolutely unequivocally as well. >> since you became a legal adult, have you ever made unwanted requests for sexual favors or committed any verbal or physical harassment or assault of a sexual nature. >> no, senator hirono. >> have you ever faced discipline or entered into a settlement related to this kind of conduct? >> no, senator. >> and who wins when you allow dark money in politics? >> i imagine you were surrounded by a team folks who helped prepare you for this nomination hearing. >> i have had -- >> let me finish if you don't mind. >> oh, i'm so sorry. >> was roe a super precedent. >> how would you define a super precedent? >> i actually -- i might have thought some day i would be sitting in that chair. i'm not. i'm up here so i'm asking you. >> okay.

well people use super precedent differently. brian: that was a little of the give and take there it's amazing kamala harris, people have tough time reading when she is done because whether she is on skype or between plexiglass, mike pence has the same challenges as amy. steve: brian, you said you were surprised at the tone and tenor of the discourse yesterday. when you think about it, clearly the democrats have made this a political calculation because we are just 20 days away from the election they can not appear -- obviously they did not want to treat her the same way they treated justice kavanaugh. because it has been suggested in the run up to this that if there was no election, the democrats would have trashed her as too religious or too conservative or any of those things but this is auto unique set of circumstances because she is for the most part as we said yesterday she knows

the laws backwards and forwards. they asked her some of those provocative questions like that, she would not take the bait. and she answered the way that she should. michael good wi goodwin writes n today's "new york post" can't unflappable amy coney barrett. basic problem is that barrett came across as appealing super woman flanked by her husband, six of their seven kids, and six siblings. she was flawless in answering those questions she could and politely side stepping the traps. mike went on in that same thing and wrote we live in a time of upheaval but america is beyond lucky that such an extraordinary person still answers the call to public service. and keep in mind. she has dedicated her life to education and public service and yesterday, it was a public service that she taught so much about the law to so many who did

not know. i'm talking about the people watching on television and realize the law was like that. ainsley: she is independent thinker and talked about that because she clerked for justice scalia. he is one of her mentors. she said she would be fearless against criticism just as he was. and she got questions about that. how do would know you are not going to rule same way scalia did? listen to her response. oh i'm actually being told we don't have that but she basically said she is an independent thinker. she will not impose her personal views on the law. when she talks about the aca she said she is not hostile to obamacare or gun control. she has not made a commitment to the white house she said in regards to the aca. and when it comes to sexual preferences she said i have never discriminated on the basis of sexual preferences and would never discriminate on the basis of sexual preferences. i thought as i looked at her kids how proud they must be. i would love to talk to her parents or siblings to find out what childhood is like. extremely proud of her. she mother to seven, which is

not easy. if you are a parent, you know that she is a judge and also a professor. her faith is so strong. her character is just beyond excellent. she is such a role model for all of us raising little girls, i'm very proud of all of her accomplishments. brian: so the other big issue is if you walk around your town, big or small, major city, small city, you see the restaurants closed. you see the gyms 25% capacity or shuttered closed forever. you see your trains are empty. this country is still hurting through no fault of their own. they desperately need a rescue package. even mitch mcconnell yesterday said he plans to vote on a targeted coronavirus relief as soon as today. we even have money left over that they won't give us because they haven't been allocated yet and the frustration for anybody that knows people that are suffering is through the roof. it even seems to have gotten to wolf blitzer. and he challenged nancy pelosi to do what many on the left are begging her to do and that is come to a deal with republicans

who have come up to 1.8 and she is 2.3. so, listen to -- listen to how this clash took place and notice the network that it's on. >> members of your own caucus, madam speaker $1.8 trillion. >> i don't know why you are always an apologist and many of your colleagues apologists republican position. >> not about me. millions of americans who can't put food on the table and can't pay the rent. >> and we represent them. >> thanks so much for joining us. >> sensitivity to our constituents' needs. >> i am sensitive to them because i see them on the street begging for food. begging for money. madam speaker. >> have you fed them? we feed them. brian: how do you feed them? by stepping over them and going to your mansion in san francisco? these are average, every day people that are hurting and that is our money and i know it's coming from overdraft. buff you have no business playing hard ball waiting for november 3rd because you are

convinced that your party is going to win and you can write big checks to states that don't deserve it. meanwhile, there is another huge story and it starts right here, jillian. "the new york post." these are not opinions. these are facts. these are emails that is going to explode in this election cycle. jillian: let me go ahead and break this down for you guys and give you information. shocking new emails that claim hunter biden introduced his father to a ukrainian businessman who advised burisma hunter was on the gas company's board while joe biden was vice president. the "new york post" as brian just mentioned, obtaining the email written in april of 2015 saying in part, quote: thank you for inviting me to d.c. to meet your father and spend some time together. it's really been an honor and privilege. an earlier email also shows a burisma executive asking hunter for, quote: advice on how you could use your influence on the company's behalf. the emails were reportedly found in a laptop at a repair shop.

the store owner notified the feds and it was later seized by the fbi. the owner could not identify hunter biden as the person who dropped off the computer but says the computer had a sticker for the bo biden foundation. our own peter doocy clashed with joe biden back in september 2019 on his son's ties to ukraine. watch. >> mr. vice president, how many times have you ever spoken to your son about his [inaudible] >> i have never spoken to my son -- >> joe biden has claimed many times that he never discussed overseas business with his son. so, those are the details that are coming out this morning. guys. steve: yeah. and so it's interesting -- thank you, jillian -- that apparently all this stuff is on this mac book pro-that this delaware computer shop owner talked a little bit about. and somehow rudy got involved with it, it sounds like, and then he was asked about it. and he gave the post some of the

images from it. neither hunter biden, his lawyer, nor the joe biden campaign returned requests from the post for a comment. but, nonetheless, it is a bombshell as she mentioned a moment ago with this veiled reference to the vice president, who is his dad. brian: right. steve: in a bid to cash in. brian: listen to the series of events. water damage to the computer. dropped off at delaware store to fix it. they fixed it and noticed on the drive. on the hard drive are pictures of hunter smoking crack in some racey video and then they see some emails right to vice president -- about vice president biden meeting with burisma executives and the executive is the third ranking guy in burisma asking for favors. emails to hunter biden. can you influence, can you use your influence in washington to help us on the board? bannon got this from the owner, who handed it to rudy. rudy dropped it off to the post

on sunday. this is -- these are emails. let them try to inauthenticate this and i go back to peter's question. what do you know about what your son is doing in the business and the vice president at the time and the former said i know nothing about my son's overseas operation. that is not true. ainsley: hunter joins the board he gets paid allegedly $50,000 a month. that's what's being reported. he gets a letter saying we need to talk. he gets this email in may of 2014 how can you use your influence to convey a message. we need to talk and sit down and discuss. this then a year later in april of 2015, that's when he gets the email. thank you for inviting me to d.c. giving me an opportunity to meet your father. we spent some time together. such an honor and pleasure. brian: whoa. he did meet the father. it's in the email. the vice president seems to have flat out lied. ainsley: this is you what the post is reporting. steve: interesting.

with this mr. archer who was hunt's business partner also was apparently involved with burisma. one of the emails shows a 22 bullet points memo and the 20-second bullet points hunter biden told archer buy a cell phone from 7-eleven or cvs tomorrow and i will do the same. in other words, hunter is saying we need burner phones. i wonder why? brian: remember the golf picture of archer joe and hunter playing golf together? ainsley: can you imagine being the person who dropped off that laptop that's not him if it's someone who works for the campaign whoever it is? it all comes out in the wash, doesn't it? this watered computer. brian: i want to see if george stephanopoulos will bring that up tomorrow which should have been a debate but a town hall. ainsley: he has to. brian: not really if you have seen the past town halls remember last week, ainsley, a bunch of softballs with hand picked people in the audience on

nbc? steve: well, keep in mind the biggest political story of the day seems to be amy coney barrett clearly because of all the coverage. tomorrow when we reconvene how many of the channels you watch are going to talk about this? report back to you. won't you? ainsley: how many more days do we have 20 days? someone going to have to ask the question and they will answer. brian: all but the emails again. steve: october surprise. ainsley: vandals targeting displays including the house of g.o.p. congressional candidate madison cawthorn. he joins us live with the investigation into who did that. let's be honest. quitting smoking is hard. like, quitting every monday hard. quitting feels so big. so try making it smaller, and you'll be surprised at how easily starting small can lead to something big. start stopping with nicorette.

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steve: authorities in north carolina are investigating after activists allegedly vandalized the home of a congressional candidate. 25-year-old republican contender madison cawthorn says his property, as well as local businesses and homes show support for his campaign were targeted by antifa groups causing thousands of dollars worth of damage. here now north carolina congressional candidate madison cawthorn. madison, good morning to you. >> good morning, steve, how are you doing? steve: i'm doing okay. but i'm a little surprised apparently at 4:55 in the morning there were people out on your lawn doing what? >> back on friday october 9th. i was waking up to go take engagement photos with my fiancee which i was very excited about then i wake up to these vandals, little punks on my driveway. they were glueing some of my signs to the driveway. they were spray painting pretty not so subtle threats on to them. and then they were cutting the

head and neck out of my signs all over the district. also, they went after our billboards that were supporting our agriculture, our farmers. the people kept us afloat through covid-19. steve: i understand apparently the republican party office for hinder son county also vandalized. right? >> indeed. it's no surprise because this is no jfk democrat that we are running against in this country. we are not voting for joe biden or donald trump. it's too completely world views. one world view on the left says it's okay to get violent to try to get what you want. it's pretty childish. steve: your opponent, democrat mo davis, we were speaking during the commercial break and you were talking about how he has had history of inflammatory tweets that apparently are still up. are you suggesting that some of his tweetsz got people so agitated they came and did this stuff to you. >> absolutely. you look at maxine waters last year back in june say go to

their home. get in their face in restaurants or see my opponent last year to say go for the head and neck and snap the spines of g.o.p. members. people like myself. you see his followers have actually acted out on that instruction. going after the head and neck of my sign which i believe is indicative of a threat toward myself. steve: madison, we did get a statement from your opponent mo davis. he said i have no reasonable to believe that the actions reported last week had anything to do with my campaign or my supporters. vandalizing signs does nothing to aid my campaign. i do not condone violence by anyone left, right, or center and anyone who engages in such conduct should be prosecuted to the full extent of the law. how does that sound to you? it? >> sounds hypocritical and trying to paint himself as a moderate. what joe biden is doing when his policies are are as far left as they can be. my opponent has said this five

separate times all throughout the past two years. advocating to break the necks of people in the republican party which i think is pathetic and sad. you know, this is not a country that i wants to raise children. in one where a political difference means that you condone violence. i want us all to come together as americans and work towards a brighter future. the liberals seem to have gotten so far left. gotten so divisive that there is no way that they can have middle ground with us anymore. steve: yeah. you said that that day you were going to have engagement photos taken. congratulations on your engagement, madison. >> thank you. you know i'm a pretty lucky guy. she said yes. steve: indeed. that's great. by the way, we did invite your opponent mo davis on the program. he has not yet responded. madison, thank you very much for joining us today from hendersonville, north carolina. >> steve, it's an honor, thank you very much. steve: great to have you as well. thank you. meanwhile, joe biden has a message for some voters ahead of election day. >> why should people who feel that they're better off today,

under the trump administration, vote for you? >> well, if they think that they probably shouldn't. steve: that's an unusual message. rachel campos-duffy says that's not the first time biden has treated voters that way. she joins us live next.

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♪ ainsley: democratic senator mazie hirono bringing back questions that we haven't heard since the kavanaugh hearings asking judge amy coney barrett if she has ever sexually assaulted someone. >> since you became legal adult, have you ever made unwanted requests for sexual favors or committed any verbal or physical harassment or assault of a sexual nature? >> no, senator hirono. >> have you ever faced discipline or entered into a settlement related to this kind of conduct? >> no, senator. ainsley: here now fox news contributor and host of moms on fox nation rachel campos-duffy. hey, rachel. >> good morning, ainsley. ainsley: when i heard that question i thought did she have something on her. she didn't have any follow up on that. she did ask kavanaugh the same question. why do you think she is throwing that out there and asking a woman that question? >> well, first of all, as a

catholic mom as an american but also as a catholic mom of many, i couldn't have been prouder of amy coney barrett's performance yesterday. i thought it was flawless and quite impressive. no notes. and we will all remember that look, i think that senator hirono is wacky. she is confused. i think that question was probably more appropriate for joe biden than amy coney barrett who is an upstanding mom and citizen. you can be sure she knew that the answer to that question was no because amy coney barrett's entire history and background has been gone over with a fine tooth comb, including yearbooks and high school parties and everything else the democrats want to investigate prior to letting any conservative, you know, go into this hearing process. so, it was a disgraceful question. it was meant to embarrass her in front of her children. and in front of the country. and i think it shows a lot more about senator hirono than it does about amy coney barrett. ainsley: when joe biden was asked about the gallup poll

which showed back in september people were asked are they better off now than they were, and 56% of americans said that they were -- at least the ones polled said they are better off now than they were four years ago. watch this. >> people who feel that they are better off today under the trump administration vote for you? >> well, if they think that they probably shouldn't. if they think 54% of the american people are better off economically today than they were under our administration? well, their memory is not very good, quite frankly. ainsley: rachel, usually someone running in a campaign a politician would say please vote for me. he has said that time and time again. >> yeah. he has done this before. there was a worker who asked him about the energy pipeline. i think he might have been in pennsylvania or somewhere where energy is a big issue and he said well, then don't vote for me. he told black people if you are not going to vote for him then you ain't black. this is very typical. you actually see this a lot,

ainsley in washington, d.c. among politicians who have been there a long time. they get really irritated and annoyed at voters when they ask them questions. i have seen this a lot. and usually those people end up getting voted out. in this case this guy, joe biden is looking to be, you know, the next president. so, it's an arrogance. it's a self-righteousness. it's a feeling like how dare you ask me. i'm joe biden. if you don't like -- if that's what you think, you think you are better off, then don't vote for me. and the point is, this poll is actually very important. a lot of the polls that have been taken where democrats are actually ahead of donald trump right now joe biden is ahead in many of the polls but we know there are silent voters. we know that polls can be tricky. but this poll is interesting because 56% of people think that under trump during a global pandemic that's caused a lot of economic havoc. they are still better off than under the obama years.

if i was democrats, i would not be sitting comfortably with all those other polls. this poll would make me very nervous. ainsley: i know did you a moms segment for fox nation talking to parents about concerns for schools and their kids. as a mom, all of our girlfriends, i'm sure, number one question when you see your friends, rachel is probably the same as i'm getting is your daughter back in school in how about your school? did it reopen? watch this and then we will talk on the end of it. >> sure. when i drop my son off for college, i was really struck by how compliant, again, happy the kids are being safe but i thought it was, you know, really odd at an american university where we see, you know, so much explins which agaicompliance whe health safety is good but what are the long-term repercussions. ainsley: rachel? >> we know china has used covid-19 to reinforce control over population.

communism requires submission and compliance. i worry because so many of the rules that even my children who are going to school i see them wear masks outside. i know they do that because the government says they have. to say again, i'm worried that as children, this is very formative age. i feel like some of the things we are doing to them is cruel. i think that it is reinforcing submission to government and it's creating a lot more fear than is necessary for children who we know are not super spreaders and have more of a chance of dying of the flu than they are of covid. i'm just very worried about this. i want us, ainsley, to come out of this pandemic looking like americans. not chinese. and we need to keep that in mind that these rules that we have, this environment that we are creating is affecting childhoods. and it's affecting the formation of our children.

and we ought to be thinking about the very deeply as we make rules for children, for school it just really worries me. ainsley: we need everyone to stay safe. >> we want them to stay safe but we don't want to overdo it and cause fear. wayne's wayne's watch her special moms back to school out on fox nation. >> thank you. great to see you. ainsley: asking judge amy coney barrett about racism. >> you condemn white supremacy, correct? >> yes. ainsley: rob space smith says democrats embarrassed himself yesterday and he is going to join us today next. unlike older medicines, ubrelvy is a pill that directly blocks cgrp protein, believed to be a cause of migraine. do not take with strong cyp3a4 inhibitors.

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♪ >> have you seen the george floyd video? >> i have. >> what impact did it have on you? >> senator, as you might imagine, given that i have two

black children that was very, very personal for my family. i mean, my children to this point in their lives have had the benefit of growing up in a cacoon where they have not yet experienced hatred or violence. that kind of brutality has been an ongoing conversation and it's a difficult one for us like it is for americans all over the country. >> have you already spoken towards issues of racism how you deplore it. i want to just ask you very simply and i imagine you will give me a very short, resolute answer. but you condemn white supremacy, correct? >> yes. brian: well, let's bring in rob smith author of always a soldier and host of problematic podcast. rob, first off, best moment, senator durbin, i don't know if he was expecting that answer but man was that impactful. a lot of the time with these cases she has got to move very carefully when it comes to

precedent or preperceptions. and the other one was a bit of a surprise. your reaction? >> well, yeah, look. i think that judge amy coney barrett gave a very compassionate and heart felt answer to a completely ridiculous question. as i watched this yesterday, it really struck me that democrats and the left really don't have anything to run on, so they are asking these pretty absurd questions about condemning white supremacy about the george floyd video in order to create, i think, twitter and social media moments that are supposed to appeal to these african-american voters. and the thing about it is right now is that there is a distinct lack of energy and enthusiasm among african-american voters, particularly african-american millennials like myself, when it comes to the top of the presidential ticket. we have got an election three weeks from today, right? and so the lack of enthusiasm is really there. and if you even look at what was going on in 2016, with all of this enthusiasm for hillary, it is just thought there for joe biden.

and so this questioning of judge connie barrett is all about trying to create social media moments african-americans. all they have is race, racism and division it's all they got left. steve: it was a couple days ago that the commission on presidential debates because the president had covid they were going to have the presidential debate was scheduled for tomorrow they were going to have it virtual. the president said on friday i'm not going to do a virtual thing i'm going to do my own thing. anyway, they wound up canceling it. the news then became that joe biden sips he wasn't going to do the presidential debate was going to do a town hall at abc. this morning, in the last 10 minutes, it has been announced that apparently the president simultaneously will be doing a town hall on nbc. so the question to you is if these two guys are healthy enough to be doing tv shows,

town halls on two different networks. brian: with people. steve: why didn't they just go ahead and the presidential commission say, you know what? there has been a change of plan. the president has tested negatively for covid on consecutive days, we are going to go ahead and have it. instead, it's going to be two guys on two different channels. >> well, i think the thing about it is that they messed up royally when it came to the debate that was supposed to happen. steve: the commission? >> the commission did. we all saw what happened with steve scully where he got bemoating anthony scaramucci what he should ask. put the integrity of the debate what should happen this week at risk. people didn't see it as something that had a lot of integrity. so it is unfortunate that these two men running for president are doing two separate town halls when they could be debating. i will have to throw the blame on the commission for presidential debates here because they messed that one up

pretty bad. steve: you know, rob, some people have suggested they were essentially throwing joe biden a lifeline. >> of course. steve: the president himself said that's the case because the president said he beat joe in the first debate. >> of course. and, look, we have all been looking at joe biden throughout the course of him running for president. we see him trailing off. we see him not really being able to focus. we see him giving weird answers to questions from voters like rachel said in your last segment. it's somebody who has been in office very long time irritated by taking these questions. so a virtually debate would have been a lifeline to joe biden because we know he has not been performing very well over the past couple of months and we are getting down tout wire here. so if i was president trump i would absolutely say no to a virtual debate. we know this stuff is set up to help joe biden. we know that the media and everybody has been propping this candidate up for the past six months of our lives. it was right the put to say no to this and to reject it.

ainsley: rob, what do you make so joe biden is up in the polls. when you look at these trump rallies, the crowds are so long. we played this video yesterday of sanford, florida. it went on and on and on and on. the crowds were -- i mean, people were lined up. look at this video. >> yeah. ainsley: i don't know if you can see it, rob. but the folks at home can what's the truth? who is going to win? >> look, i think the truth is that president trump is going to win. i was just looking at some of the polling before we started here. and there was some polling that had joe biden up 5.3% in florida. i am in florida right now. i was talking to somebody, a national of mine was -- talking with a door knocker that had knocked about 3500 doors around this area in the tampa bay area. she said that she saw not one biden sign. she was seeing trump signs or no signs and the american flag which is basically a subtle sign of trump support because people don't want to be targeted for their support of the president. so this is what is happening on

the ground. it's just the polling and what i see on the ground here in florida and what we are all seeing from these trump rallies, there is something that is not connecting here. and i think that a lot of people that are very invested in this polling horse race are making the same mistakes that they did in 2016. i do not believe that this president and the support for this president can be accurately polled. the energy here in florida, in the great state of florida where i escaped covid in new york from. this is the energy for the president is off the charts down here. brian: i would add this. even axios today writes joe biden is the luckiest least scrutinized frontrunner ever. here we are with 20 days to go. keep in mind, too. if it comes down, if it's close, president trump will not be outworked. we are already seeing it. and i'm not sure that joe biden can do a single live event. i know he wants to be smart about it and he wants to make sure coronavirus is front and center. but i think if he went to an

arena and said meet me there, very few would come. >> yeah. yeah. and you have been seeing that, look. we saw this viral video that came out of phoenix. i'm heading out to phoenix today for an event for the trump pride coalition. and there were no people that showed up for that rally for biden in arizona. brian: john james is a dead heat in michigan the president trails precipitously in michigan doesn't really line up. thanks so much, rob. >> not at all. brian: businesses on the brink a new bill would give billions to fitness centers fighting to stay open. why will talk to one gym owner who says these funds are the lifeline or they all go out of business. 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.

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♪ brian: all right. gyms were among the first businesses shut down by the coronavirus and the last to reopen. now, two lawmakers from opposite sides of the aisle are teaming up to help the fitness industry with a $30 billion recovery fund. pennsylvania congressman brian fitzpatrick says, quote: unlike many other businesses health and fitness clubs could not pivot to new revenue streams. the mental and women who work in the fitness industry deserve and need our help. joining us now owns four crunch

fitness locations in the long island area but they are all across the country and represents everyone. lou, thanks for joining us. a lot of people said hey you reopened. why do you still need money? what do you tell them? >> first, brian, thank you for having me on today. it is a long, slow process we are on a painful road trying to get back to some sense of normalcy in our gyms. we were closed in new york state alone for almost six months. we were run of the first industries that was forced to close. and we were one of the very last industries to be allowed to reopen. so, many people were scared away. many people are concerned about coming back to the gym. and we have a long road ahead of us. brian: you guys weren't eligible for the first cares act. you are no now eligible for some aid. the ppp loans are drying up. now it's time to come back if you are looking to be a state

that allows it. what exactly where would this money go if you guys were able to divvy it out? >> well, as wonderful as the ppp program was, brian. the problem was we needed to use that money within a certain amount of time. and as soon as that money was secured for us, we needed to hire our people back. even though we were not open. so we were paying employees to sit at home. so that money dried up very, very quickly. we did not get any kind of rent concessions from our landlords so we are in a situation where we are now behind the 8 ball. so this bill, if it comes to fruition will be so supportive for us. so helpful for us. so greatly appreciated because it will go toward rent. it will go toward our employees that we have on staff. toward our new disinfection protocols that we have in place. we have, you know, health screeners at the front desk that are taking people's temperatures and doing health screenings. we have expenses that we never had before and we have many,

many, many less members than we had precovid-19. brian: lou, from what you know from the people in your industry, how many have just closed up and not able to reopen? >> i can't even begin to tell you, brian. just surrounding us in our community some local gyms have closed. small mom and pop shops local businesses that were destroyed by the closure we had in new york state and across the country. so many gym owners who say i can't hold on any longer. this bill that is a bipartisan bill could not come at a time any sooner than it is right now. we need this money. we need this now in order to survive our members need it. our employees need it. and our families need it. brian: lou, absolutely. i think you just got a text message. you lost $13.9 billion in revenue and now it's up to the people to have the confidence to go back. keep in mind the w.h.o. now says we never should have locked down. really? what do you tell the people in the fitness industry when you come up with that revelation. we all know that health and fitness can help get you

through. this lou, thank you so much. hope this goes through. maybe it could be the one peels of legislation that does work. thanks, lowe. >> thanlou, thank you brian foro appreciate it. we hope this bill passes and we hope the american people will also come back and support us in our gyms. they need to get fit and get in shape. thank you. brian: hopefully those are new members calling you now. thanks, lou, appreciate it. big hour coming your way. we have alyssa joining us live. christopher scalia here, carrie severino will be here live to defend herself and senator john cornyn was also in that hearing yesterday. what does he think about today? that's the capitol ♪

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>> people say you're a female scalia. >> if i'm confirmed you couldn't get justice scalia but justice baiters. >> by any standard and we all saw that yesterday. >> of your own saw trillion dollars. >> you're always into politics and republican position. >> people see this inaction and they say what does this person elected for exactly. >> these are facts that are going to explode. >> shocking new e-mails that claim hunt for biden introduced his father to a ukrainian businessman who advised charisma. >> said he's not a fan of court packing. do you agree with that? >> would you also say you're not

a fan of court packing? >> you know most of us have multiple notebooks and notes in front of us can you hold us what you've been referring to and answering our questions -- is there anything on it? >> that letter head has united states senate. ♪ all right hey we're one hour away from amy coney barrett being back in her seat where she had absolutely no notes. but every one of those other people at all of those other chairs had a lot of notes welcome to fox and friends hour three, 20 days from the presidential election. >> i bet she's so ready for this week to be over. but i was very impressed. no notes and continued to recite different cases she spoke to

eloquently i'm sure her children are proud of her and siblings there and no telling what her parents did but top of her class a woman of strength character, a great mom and i would love to interview them sit down with them and say how do i raise my daughter to be like yours? >> keep in mind the big story was should they be having these hearings, of course, that will be a theme but not nearly as much because she seems to competent other pivot is to pack the court if joe biden wins the election donald trump say he's not winning anyway. we call to wake him pup to remind him to do updates for us and we ask you to recap hearings for us griff. did you do anything we asked? [laughter] >> absolutely. brian, exactly what you've asked. the folks behind me definitely waking up pretty pleased, though, with barrett's performance yesterday as you mentioned she came prepared calm, knew her you have is it and she maintained that tradition of refusing to answer on how she might rule on any

given issue from abortion to health care to gun rights. and what we did to recount brian is put together a list and some of the hardest punches starting with ranking member dianne feinstein who went after her on roe v. wade. watch. >> do you agree with justice scalia view that roe was wrongly decided? >> it actually be wrong and violation of the canon for me to do that as a sitting judge. >> so on something that is really a major cause with major effect on over half of the population of this country who are woman afterall, it's distressing not to get a straight answer. >> only the affordable care act vice presidential nominee kamala harris casting her as a threat to obamacare. listen. >> 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 entire affordable care act. >> i have never made a commitment. i've never been asked to make a commitment and i hope the committee would trust in my integrity and wouldn't violate my oath if confirmed and heard that case. >> and when talked to potential 2020 election disputes, senator coons demanded recusal. >> given what president trump said, given the rushed context of this confirmation, will you commit to recusing yourself from any case arising from a dispute in the presidential election results? >> i certainly hope that all members of the committee have more confidence in my integrity than to think that i would allow myself to be used as a fawn to decide this election for the american people. >> in that impressive moment perhaps the enduring image for history books will be barrett

holding up that blank note pad wihing on it coming with no notes whatsoever. at the end of the day republicans now back for the third day round two of the questions each senator will get 20 minutes. this time we expect some of the same hot button issues to come up. would there be a possible third round? there could be. but right now no indication that there would be if there were, that would only be ten minute each for senator rounds. now we wait all starting in 9 a.m. brian ainsly. steve. >> thank you very much. standing on north white house lawn, one block away from griff is alyssa farah director of the communication good morning. >> good morning thanks so much for having me. >> in "the new york post" today michael goodwin talking about amy coney barrett testimony yesterday said she was an appealing superwoman because she did not take the debate from the democrats and seemed to know the law frontward and backwards.

after her testimony, what was her reaction inside the white house to this nominee? >> we were extremely pleased she's a brilliant jurist made in the likes scalia who such an incredible knowledge of case law. that image that you referenced of no notes in front of her able to recall these facts on hand. and i think she really showed the american people this is the kind of highly skilled qualified jurist that president trump has committed touting on the court and that is now the third time that he's going to be able to give us this kind of a justice. >> so alyssa when it comes to relief package republicans have gone up in saying that we will agree to 1.8 trillion democrats are saying they want 2.2 trillion and nancy pelosi is not budging saying we're not going down to your level it's not enough and people are scratching their heads saying look i'm out of work or lost my business we need this money 1.8 is better than nothing, and pelosi and debate they have an argument about this.

watch. >> your own caucus madam speaker -- >> always in apoll gist and many of your colleagues for the republican position. >> it's not me but millions of american who is can't pay the rent or put food only the table. >> and we represent them. >> back so much for joining us. >> thank you for your sensitivity to our constituents needs. >> i see them begging for food begging for money madam speaker. >> have you fed them? we feed them. >> alyssa what's your response? >> news to me that cnn are apoll gist for the republicans and is a position and white house is come up from a one trillion dollar offer to a 1.6 trillion dollar offer to a 1.8 trillion offer. the democrats have not budged. her own caucus is close to revolting because they can't return to constituents and say why they're not giving help to american people. president trump is committed to

getting l help that is needed senator, senate majority leader mitch mcconnell is committed to i think bring up even a peace meal approach. it is the republicans who are being furious about getting aid to americans not the democrats. >> i hate to tell you democrats in the house that are pushing on nancy pelosi to get something done. mitch mcconnell says a little bit less. president has to bring them together to get something done never seen a wide swap of people in so desperate need through no fault of thaifer own and pivot to the story of the new york post. usually holds up headlines but steve okay. >> we've all got it but look at this bide only secret e-mails there's evidently a laptop dropped off in delaware to repair store about a year ago. that basically has e-mails to show correspondents they are true, from hunter to third ranking executive at burisma asking for influence here's an excerpt from a thank you to the former vice president then vice president. dear hunter thank you for inviting me to d.c. giving an tupght to meet your father and

spends some time together it really an honor and pleasure so if these e-mails are authentic with racy videos of hunter crack and hookers, on there reportedly -- if this is all true, it goes into much more detail and it shows that joe biden if this is true flat out lied to multiple reporters and moderators about what he knew about his son's overseas activities i don't know if you've seen this story but what's the white house reaction to this ?oir >> vice president biden has some serious questions to answer and i hope that the media will actually press him on this. to date he's not answered question about the 3.5 million loan that hunt per biden was given by mayor of moscow this was hugely concerning but i would say bigger picture, this is what the american people are sick of and why they elected donald trump they don't like career politician who is leave office of millionaires, and who help, you know, bring up their adult children to get foreign influence and to get payments from foreign, you know,

potential adversaries this is what people are concerned about he's got real questions to answer. >> it is 20 days until the election as you well know the president has a rally in des moines, iowa, today, and then thursday a rally in greenville, north carolina. as you can see right there. it's interesting you know, tomorrow is supposed to be the second presidential debate. but at the last minute, last week, the commission on presidential debates pulled the plug because they said you know the president still has covid we don't know how he's going to be. so we're going make it a virtual debate president said him not going to do any stinking virtual debate paraphrase, obviously. but instead joe biden immediately accepted invitation from abc to do a town hall. so he's going to be there. we know now that the president is beginning to be on nbc, simultaneously. so the question is this, regarding the commission, making this decision, if both guys are

healthy enough to be doing town halls at the same time on two different channels, why aren't they on the same stage doing a presidential debate? >> oh absolutely this was a huge mistake by the debate commission, and, i mean, i think it raisings some real questions about if they're trying to weigh skills one way or another in this case and by the time the president conducts town hall he'll have done three rallies. he's back he's liely energizic eager to get on the road and it is a mistake he's not able to appear side by side with joe biden and show american people the dins between two candidates. >> alyssa if you look at polls biden is winning, and if you look at the crowds outside of the trump rallies, they go on and on. the one done in sanford, florida we keep showing that video of crowd wrapping around parking lot. are you worried when you look at these polls? >> honestly we don't take much especially a national poll. we feel the energy i've traveled around the country with the president.

you see people waving signs for mile it is deep. you see 10,000 people waiting to get a glimpse of hem and you know just to attend a rally you have to wait for three, four hours before the president arrives. these are people who are committed some in cases have waited overnooght to see him. you can't beat that energy we feel it with american people and we're confident in our position. >> alyssa here's a thing i don't understand. he's still has 85% support among republicans maybe higher. and now you have almost all of these governors outside of governor hogan big supporters from doocy, obviously, to former governor scott, where are the surrogates where is senator rick scott where senator marco rubio where is senator tim scott? where is jim jordan seems like he's a one man band with 20 days to go i'm not used to seeing this type of sos low act especially for established president who has seen the loyalty before? is there a plan to get them out? >> yeah. absolutely. and some of those names that you mentioned jim jordan has been out advocating for the president

one of our fiercest defenders this something we're proud of is we have all of the president's children deployed into the states talking about his record. the policies he's enacted for american people. so there are vocal supporters of his out there in the states making his case. >> he has to adopt quite a few kids with 50 states so many in play. i don't know if there's any help plans -- >> we've got help on the way and we've got a lot of folks really eager to make his case to the american public. >> as we're speaking to you alyssa we're looking at screen left is the hearing room in the heartville where in 45 minutes they're going to start the second round of questioning. of amy coney barrett for the supreme court on her nomination yesterday kamala kamala harris the vice presidential nominee of the democratic side she was not in that room because she felt that because of the danger of covid, she would essentially skype in or zoom in from her office. but after the testimony or org

did the testimony at one point she was -- she is there she's there asked about joe biden comments about not being a fan of court packing wanted to know are you a fan of court packing and it is just ironic here she is so worried about covid watch this. she's going to get into this tiny elevator with we think one, two, three, four, five, six, seven -- seven people. so doesn't that seem like an odd message -- they're all wearing masks which is great but still the capacity in there you would not think is seven people. >> absolutely. i thought it was very interesting that senator harris took most of her testimony to just talk at amy barrett rather than engage in a real q and a more confident in her position fen gauged in a back and ports when you're comparing intle intellect things fall on side of bairtd which made her case more effective than senator harris. >> what about optic covid on

tech she could not go into the room because of covid and then she got into an elevator with a bunch of people. >> it makes no sense there's no king consistency on it we see with members of the media as well no consistency with how we manage the covid regulations. >> scientists supposed to follow say flex glass will not help but got separation from mike pence. alyssa thanks so much. >> thanks get over to jillian with more headlines for us. hi jillian. >> overnight three police officers are hospitalized after being assaulted during a protest in rochester, new york. officers were attacked with a weapon. but police didn't say what kind. one protester has been arrested. the arrest started after a man was arrested for failing to appear in court. even though his state was next week. the city has been on edge for more than a month after body cam video showed one die in police custody. a dozen ms13 gang members charged nxz with four murders. the fbi says that killings

happened over three months last year in virginia. the feds also giving also accusing gang of running a drug trafficking ring. that brought cocaine from new york to virginia. 11 of the 12 have been arrested. police believe the last one fled to el salvador. 20 census set to end tomorrow. overnight the supreme court ruling that trump administration can stop the count early. the decision blocks a lower court ruling ordering it to continue until the end of the month. the administration argued it needed to halt the census early to meet a year end deadline critics say the rushed finish will lead to inaccurate results. and this just in an american astronaut returning to international space station for second time. >> three, two, one -- and liftoff. >> overnight launch kicks off

for two and first time crew used a fast track maneuver reached the space station in just three hours it took twice as long. >> our ladies up in the room rocket why do we need to go to kazakhstan? >> the highlight, though, is that apparently there's a short cut who knew? thanks jillian we owe you a favor. 8:17 on east coast judge amy coney barrett praising mentor the late justice antonin scalia saying she's her own judge. >> 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. >> from judge to justice possibly christopher says that is one of the most important points that she made yesterday. he's going explain today, next. don't worry, julie...

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♪ justice scalia he was an originalist right? >> he was. people say that you're a female scalia what would you say? >> i would say that justice scalia was, obviously, a mentor. and as i said, in the when i accepted president nomination, that his philosophy is mine too. >> judge amy coney barrett praising judicial philosophy of the late antonin scalia yet gong on to make the point that originalist don't always agree with each other. justice scalia christopher joins us now and he's coed tore of the book the essential scalia on constitution in courts rule of law you're looking at it. so christopher we were just curious i know you're not a

lawyer but i was curious your dad's name was brought up so much, and his legacy so prevalent what did you think of his exclerk? >> she was very impressive. she's very, she's very, obviously, she's very smart. she is very articulate, and she's just remarkably poised. i think that note pad moment was pretty effective and people are talking a lot about it for good reason. it just showed i think all of those things in just one very -- memorable image. and you know,ening she showed why my father liked her as a clerk. >> he liked had a big family she has a big female so bring that similarity but when she did say you're going get justice barrett not justice scalia. if eve this the sail philosophy what do you think she means? >>s that one of the thing about originalism. originalism means as usually practiced means interpreting the constitution and its provisions according their original public meaning. so they have the same approach

but that could lead you to different conclusions. it is a method it's not an outcome. so it's possible for originalist to wind up on different sides of an issue or wind up with same opinion but through different routes. justice thomas an my father for example, weren't always contrary to popular myth always on sail tide of opinion and even though they took both took a originalist approaches and that's you know people think if you're an originalist you end up on conservative side of an issue that's not the case that wasn't the case with my father in -- you know certain constitutional issues. >> as a professor she wrote hey i was -- jingt like justice roberts rationalization for making opinion on obamacare, and now with some of the writings that she had on roe v. wade did you data same challenges about things he wrote before he got nominate that had people were pressing him on? >> yeah absolutely. he took a similar approach. i mean, i think really justices have to take the approach.

they cannot say what they would do if that case comes before them when they're justices but they are still expected and they will explain previous decisions and previous writings. >> that's interesting too is it hard for you as his son to hear your dad's name so often whether it is president in the rose garden or president saying this is what i want or any time this comes up. what is it like for you to hear your name so prevalent supreme court justice not exactly doing a bunch of interviews when they're around. >> yeah. it's very -- encouraging i think, and it makes me -- always been proud of my father but it make me more proud of him knowing his legacy is living on this way. it really does mean a lot, and i think it is important too because i think he did great work as a justice and was, you know, crucial to this the supreme court. >> can you get your head around fact that somebody is so conservative with still a divided america democrat and republicans top 98 votes doesn't

look like if this nominee gets to the vote we expect it to happen before november 3rd not going to get close to that. what's change? >> well i think that, you know, the court has certainly become a more polarizing issue. and my father said that's because the job of judges has changed so much. judges are doing things they really shouldn't be doing. they are kind of espousing policy positions rather than legal positions and that means that confirmation hearings are going to get as aggressive as these are. but it's not that my father didn't face tough questions. he did. the attitude then, though, was that the person is well qualified, he or she gets the votes. >> if you have answers you like tough questions in both seem to like the tough questions. so they can important to bring up too that amy coney barrett brought up, legislators aren't doing their jobs that's why so much is in the court. so start legislating doing your job so it doesn't end up in the supreme court. thanks so much. chris and go ahead to grab his

book if you want to know how his dad thought where amy coney barrett might rule. thanks so much. >> thank you, brian. >> as we await the start of day three how does hearing and confirmation in 2018 wrote a book about it i'm sure they're willing to talk about it. i hope. my fingers are crossed.

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>> good morning we're back with your headlines we start with this overnight a marine commander is fired after training accident that killed nine service members this summer. lieutenant colonel michael was relieved of his duties due to loss of trust and confidence. eight marines and one sailor were killed when assault vehicle sank autocoast of california in july. it is still not clear what caused the accident. and arson investigation is underway after a fire set to truck and surveillance video shows flames consuming the vehicle. it happened at an apartment complex near seattle. the owner plans to buy more trump flags to show support for his president. and a police chase in southern california comes to a dramatic

end. the driver frying to get away for nearly 30 mebs on a freeway swerving between lanes. this is not, obviously, that video. i'll continue to tell you story, though, after truck was stopped police tackle driver arrested hem. police say he was wanted for assault, steve. steve: thank you very much. what you'ring loo at right there is amy coney barrett's family has arrived on capitol hill in the -- heart senate office building. there you can see they're going to be holding going into a holding room for a little while and then at the to havetop of tr site behind their mother center stage meanwhile yesterday democrat senators carry into then nominee brief kavanaugh and give them the machine back to 2018. remember this? >> kavanaugh. this is your field, nominations. >> sorry -- >> you talked about drinking -- >> was there ever a time when you drank so much you couldn't

remember what happened or apartment of what happened the night before? >> no. i remember what happened. and i think you've probably had beers. about >> well our next two guests wrote the book on kavanaugh hearing and join us now with reaction to the first day of judge barrett's questioning. let's bring in coauthors of justice on trial the kavanaugh confirmation and future of the supreme court. we've got molly hemingway and carey whose name we heard yesterday and get to that. ladies good morning to you mollies it a much different confirmation hearing than kavanaugh, wasn't it? >> well, people remember how the kavanaugh confirmation hearings really deinvolved into a circus with day of testimony from christine and his first day of the original confirmation hearing was crazy it took then charm chuck grassley better part of an hour to get through his brief opening sames because he was interrupted so many times

but outbursts from the gallery you might remember that democrat senators brought in protesters who were doing things to get arrested and so it was a really tense opening-day. and that continued through initial part of his hearings even if it wasn't as crazy as what happened later on. >> carey how much what have we saw yesterday was predicated only fact that we are 20 days from an election? >> well the democrats certainly wanted to make this all about the election they didn't want to talk about amy coney barrett on her jurisprudence particularly but we did end up having really good back and forths. i think of in between their attempt to get her to take political position she said i'm sorry that's not my job you can hear mother of seven going here we go i'm answering this question but kindly with such poise and ability. >> yesterday, i think it was in the afternoon, it was a team when carey was actually i can reveal this on television. taking a brief nap.

because it was very long testimony. what she missed was she actually missed the senator from the great state of rhode island senator sheldon white house, attacking carey since she missed it yesterday we'll play it for her today. >> we have again anonymous funders rungding through additional crisis network. which is run by carey zeferino got 17 single 17 million dollar donations in the garland gorsuch contest got another single 17 million dollar donation to support kavanaugh. somebody perhaps the same person spent 35 million dollars to influence the makeup of the united states supreme court. guess who jumped in to take over the selection process in this case? for judge barrett. carey zeferino made the hop. >> all lead to carey so carey you know the suggestion that there's all of this dark money dark money for the people

watching is under the law, you know, you don't have to disclose donors to these superpack. and they can donate an unlimited amount. so what do you make of him saying you had all of this money at your disposal in the past? >> look we're not even a superpack we're a public interest group but sheldon whitehouse likes to use terms to bully to sneer but only conservative groups because we know that groups that are organized exactly same way on left are some of his biggest allies, in fact, some of his biggs donors until he decides to start, you know, staying soft for gander we have to write him off as a biggest conspiracy theorist and biggest hypocrites that's saying a lot. >> when it comes to superpacks we have a graphic -- molly, you know when you look at the amount of money that is going to various liberal superpacks it is close to 200 million dollars so far this year. totally conservative is a

fraction of that. about 25 million. what do you make of the disparity between the two? it seem it is like a lot more money is coming into the liberal side of the equation than the conservative side. >> what we tell about a bunch of this story in justice on trial when we look at the history of how liberal groups organize the fight confirmation battle when hundreds of groups got together and figured out how to stop it conservatives tend to follow pattern set by liberals they said oh well they did a good job we'll start trying to organize as well. so liberals have been doing it for very long time decades and they've got money to show it and conservatives are doing their best to catch up in these battles too because the supreme court is so important in the lives of american people and the more that they have become sort of legislative body the more of the supreme court has setting policy opposed to setting the law and more contentious these they thinks come and interest qhag amy coney barrett was

saying and not setting policy but interpreting the law as it is written. >> all right there you go molly hemingway maybe somebody will mention your name today and carey zeferino thank you for joining us live. >> and as we saw a moment ago, there you can see right there behind the guard -- judge amy coney barrett has arrived there she is. her second day of testimony starts in 20 minutes. what can question expect today? senator john cornyn with a preview, coming up next.

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books and thicks like that in front of us can you hold up what you've been answering our questions and referring to -- >> is there anything on it? >> letter head that says united states senate. >> that's impressive. bring in that man right there texas gop senator john cornyn member of the senate judiciary committee, and good morning to you, sir. >> good morning, good to be with you. >> what makes you asked that question how did you know that it was blank? she held up it and there there o notes on there. >> i didn't know. but i saw her sitting there and not referring to anything not writing anything down. and i just thought what a contrast with all of the senators there with an army of staff behind us with all of the our notebooks everything that we accumulated to ask for questions. and she was able to answer them without referring to anything. >> pretty impressive. >> at a time that democrats don't believe she should be sited let alone grilled i thought yesterday was pretty calm why do you think that was?

seeing that so much is at stake, you know, how angry democrats are. >> well, because of covid-19 restrictions, we're operating in accordance with center for disease control in attending physician recommendations. so no audience other than the immediate family and if few staff so i think that was the difference. plus i think they realize what had a mistake it was to attack her for her kat test test test test test test test test test test test test test test test test test test test test test test test test test test test

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test test test test test qongt expect any difference between her demeanor but hours hour of questions without commercial breaks. that's what i'm really worried

about ainsley. >> her kids well it is history they're witness their mother possibly getting one of nine positions our special coverage starts right now. we'll see you tomorrow. >> thank you friends we'll take it from there day three of the kirchtion hearings for judge amy coney barrett set to begin on capitol hill moments from now. president trump supreme court nominee will be facing a second round of questioning from all 22 members on that senate judiciary committee. after testifying yesterday for nearly 12 hours, here we go again. day three good morning everyone. i'm sandra smith and look who is here. >> nice to see you been a lot of time. >> fun week indeed. good morning everyone. everybody at home at work on your mobile device i'm bill hemmer day three as sandra mention in thes trying to pin judge barrett on everything from the affordable care act and roe v. wade and judge would stay

above it and not say how she would vote on any particular case. >> judges can't wake up and one day say i have a aghtd i hate guns by i hate abortion and impose their will on the world. i certainly hope all members have nor confidence in my integrity to think i would allow myself to be used as a pawn to decide this election for the american people. >> if i remember confirmed you would be getting justice barrett not justice scalia. so i don't think that anybody should assume that just because scalia decided a decision certain way that i would too. >> you've got fox team coverage for you. bret baier martha standing by dana joins us as well. jonathon turley is here and kim standing by and begin with shannon live so question goes to you will we see senators change tack this morning in some cases you saw there wasn't much questions from some of them including sheldon whitehouse ted

cruz, and others. what will we see here in day three as they each get 20 minutes? >> yeah i think most of these senators probably laid groundwork yesterday for things they want to get into today. they can go back through their conversations that they had and that the judge had with other senators here. see if there's something for them to mean an opportunity for digging in on? on any statements trying to find daylight between things she's said previously and trying to leverage that into some more fruitful questioning today. i thought it was important to point out one thing. there's been a lot made about the fact that justice if she becomes justice barrett would be a threat to lbgtq rights. there was talk yesterday of a concurrence that justices thomas wrote a few days ago and justice join they were talking about the decision. now they weren't calling for overturning same-sex marriage so i think that needs to be clarified because you may hearing that again today. what they said in this concurrence is there are still questions that are unanswered by

that decision. primarily the issues of whether people that have religious views that differ on the issue of marriage whether they can be a part of public leaf. this case came to them as kim davis if you may remember in kentucky a county clerk who did not want to issue same same-sex marriage licenses said left us with problems. where people of religious beliefs and they find they are silenced or they have to choose between their job and their personal religious beliefs. so if that case comes up again today just some context for people to know there's no one calling it the court for overturning same-sex marriage suggestions that barrett would add to the possibility that all of these marriages would be nullified or not recognized anymore. not an accurate statement of the case but i expect we may hear more about it today. >> are you getting any sense that there will be any one issue that the senators particularly focus on particularly with democrat its considering on so y occasions yesterday you saw the nominee pushed on her judicial

independence. she tried to put it to rest as we heard on so many different occasions. throughout the day saying she has made no promises to anyone including the president. >> yap. i think that you're gong see more probe on that i don't know how she could have been clear about that no nobody in the administration including president or his staff asked her to make a case and improper everybody knows that she knows that and said it would have been a short conversation had she been approached about something like that. she's going to be continue, they're going continue to hammer on affordable care angt and court case in that in a couple of weeks that's the best attack if they know they can't stop this nominee maybe make points with voters who very much care about health care and worry about having coverage moving forward. so the personal stories and posters and those kinds of things i would expect more of that today. so ting that will still be the number one topic they're going push for unprecedent again there was a lot of back and port on

roe v. wade doesn't consider is superprecedent i would expect more conversation about that. pfng so many of arguments yesterday in a nutshell to write better laws that was pldges to congress bring in our team right now bret baier and dana, jonathon turley five voices, about five minutes we'll see if we can get you all in right now. bret let's begin with you good morning. >> good morning. i think judge barrett is in for another, you know, heft why round of questioning it was a marathon yesterday 11 hours, this will be 20 minutes per senator. you know, you saw the gamut you saw republicans asking her all questions about specific cases and also giving her an opportunity to talk about her family and her life. some emotional moments in those exchanges. there were questions from democrats very pointed some questioners did a good job like klobuchar and herano scolded her about sexual performance and

asked her if she was a sexual predator and any time in her life. so interesting lines of questioning. i don't think yesterday that democrats if they were looking to lay a glove on her did. and it does appear after talking to veteran experts who look at these confirmation hearings today, that democrats are really poised to make a point on the election to shannon's point rather than the confirmation hearing. >> thank you bret for that. >> martha your expectations for today. >> well i couldn't help but think back to some of the -- lowest moments that we saw yesterday and it goes back to a bret saying about them not able to lay a glove on her. when senator herono asked her if she's committed sexual harassment or been accused of sexual harassment or abuse just completely out of the blue based on absolutely nothing. and then we heard from senator booker asking her if she, you know, agreed with white supremacy, you know, these questions just came completely out of nowhere i think that they

just sort of drew a lot of contrast to what we've been seeing behind that table. when we heard from amy coney barrett talking about her life her experience, her decisions where she could discuss those. and the way that she would look to serve in the way that she, you know, the way that she approaches the idea and the position of being a supreme court justice. i also think that it is worth because of that taig a big picture look at where we stand 20 some days from the united states election right now. what you've got are number of senators on this committee who are running for reelection. who are in very tight races at this point. senator graham and senator cornyn now among them. on this committee so there's a lot of tension in this room there's a lot at stake for future of the country and for the future of this election as people make these decisions and amy coney barrett proved herself to be -- a candidate for this position in

the -- van that everyone has come to expect and respect for the supreme court justice. for the supreme court. so it's an important back and forth to watch and kennedy having breakfast before they get started this morning. so going to be interesting. >> talking about the reelection campaign i was thom tillis walking in there a moments ago here comes family of judge barrett as she enters hearing room. let's continue our discussion with dana perino i heard you something last night i don't often hear you say that was how impressed you were with a single individual with whom we spent most of the day yesterday. at least virtually from our perspective. how come? >> well, i just find her poise, grace, genius, brilliance, wisdom, and her ability to sit there for 12 hours never raise her voice never get annoyed. never pl a face. and she was unflappable and she ran circles around the senators. i have a feeling today that the democrats are probably glad that they only have 20 minutes day

rather than 30 minutes i believe they want this to be over. i would also point out that i don't think that senator kamala harris distinguished herself yesterday on this committee i don't think there was a lot of different that you saw from any of the other senators. and my opinion, the democrats know that this confirmation is going to happen. she is an amazing person. and i think that they would just leak to get this hearing behind them get back on the campaign trail. >> impressive female right lindsey graham punctual on this dropping gavel just about sandra thus far this week. >> as you were watching as dana was making comments about her children now seated front row as we await nominee to enter the room the chairman is now entered jonathon turley what will you be watching in that hearing room today? >> well there was some remarkable moments yesterday these hearings are usually quite opaque as nominees refuse to answer specific questions. she actually made some very clear answers. she started by giving a full

throated endorsement of original sm and she clearlyies it, in fact, may be first nominee since scalia who actually means it. she's a true originalist she said quite clearly that roe v. wade is not superprecedent that should not be dismissed. what that means is that she says that it is not could be questioned it could be even overturned. i have not seen a nominee come out that strongly to say that i am not guaranteeing that roe will remain untouched.