captng >> brennan: i'm margaret brennan in washington. this week on "face the nation," the countdown to election day continues and a political fight over president trump's supreme court nominee begins. >> president trump: she is a woman of unparallelled achievement, towering intellect, sterling credentials, and unyielding loyalty to the constitution, judge amy coney barrett. [applause] >> brennan: late saturday president trump introduced his pick to succeed r.b.g.. meet amy coney barrett, a conservative federal appeals court judge, who is also a working model of seven. >> while i am a judge, i'm better known back home as a room parent, car-pool

driver and birthday party planner. >> brennan: if confirmed, a supreme court would shift even further to the right, the prospect is making the final days of a brutal presidential campaign even more devisive. >> i have no illusions that the road ahead of me will be easy. i can assure you that i will meet the challenge with both humility and courage. >> brennan: we'll talk with mark meadows and don mcgahn about her confirmation, as well as the president's refusal to transition to power. >> president trump: the only way we're going to lose is if there is mischif. so be careful. >> brennan: chris coons sits on the senate judiciary committee, and he'll weigh in, as will jeh johnson. and we'll check in with dr. scott gottlieb and talk with doug parker, the c.e.o. of america american

airlines. they're supposed to layoff 19,000 workers this week as a result of a covid economy. it's all ahe"fethnation." ♪ >> brennan: good morning, and welcome to "face the nation." with just over a month until election day, capitol hill has become the new battleground this is kpix5 breaking news. >> i am emily turner. breaking news from the north bay. evacuation underway right now in napa county, as a grass fire is burning near st. helena. flames spreading quickly across dry vegetation. it broke out this morning just before 5:00 and then took off.

flames spreading at a dangerous rate near the community of deer park. it has grown to 800 acres and 0% contained. the evacuation now underway. authorities tell people to leave the area deer park road to crystal park row. in a huge area east of the silverado trail. from lightspeed road to deer park road. people were told to leave college avenue and howell mountain road. deer park been under evacuation orders. the nearby community of angling is under any evacuation warning. people are being told to be ready to leave. we just got confirmation that st. helena hospital is being evacuated right now. residents are being told to go to evacuation center that is at crosswalk community church. that is in napa on first street. take your face coverings and adhere to social distancing

there. an address publication will be in place. this is a live look from one of meras e weconditions are a big part of the storepoint let's bring in meteorologists with more on what this breaking news. this does not look good for him and mother nature step way. >> of the pictures you just shown emily. take a look at the most with the updated satellite imagery over my shoulder. you can see the plume of smoke coming off the glass fire. this gives you perspective on a, where the fire is and how is massive the plume of smoke emanate off of it is. vi. i'm going to give you another view on the ground a map that uses satellite data to plot the footprint of the fire. by no means is this an exact footprint of the fire. i have telescope in st. helena

outlined on the map. the purple square is where flames have been detected by the satellite within the last two hours. we will switch back over to the traditional look at the future task. i have the flames in the general area where the fire is. wind intensities. from now through noon and here is the concerning aspect of this. right in the heart of this red flag warning. the winds through this part of napa county are likely going to intensify from where they are now. they will continue on their path the southwest. which is why those communities downwind in the napa valley need to take this very seriously. there's not much reason to believe here mother nature will help us out in any regard. evenwindthey will. was to get into the evening hours, tonight they will pick

back up again tonight into tomorrow morning. that is why the red flag warning has been extended through monday night at 9:00. emily, back over to you. >> will continue to monitor the fire burning in the napa county. continuing coverage on cbs and bay area and on kpix.com and update as needed. margaret, your producer didn't do a good job of informing you of exactly what i've done. what we sch actually we actualls new guidance that is coming out. and my question is why would new guidance come out after we spent $30 billion doing that. my challenge to the f.d.a. is just make sure it is based on real science and real numbers. >> brennan: why would the f.d.a. not be basing it on real science and real numbers. >> why would you think we need new guidance after we've developed drugs for

decades -- >> brennan: the f.d.a. said they were going to. >> the question is, why, margaret? why would we do that. as we got into that discussion, here is one of the great things we're looking at: if we're looking at tens of thousands of people that are in these clinical trials, we want to make sure that it is safe. phase one and phase two indicated that these vaccines that are going through are safe. we're trying to make sure that the guidance we give is not an inhibitor t getting things out fast, but it also doesn't detract from it. i'm optimistic that guidance will come out based on good science and ultimately our f.d.a. guidelines to make sure that all people who take a vaccine can do that with some kind of assurance that the process is meeted out properly. >> brennan: you were on another show on this network earlier this week, and you raised questions about the competence of the current f.b.i.

director, chris wray, after he testified there was no evidence of voter fraud by mail or otherwise. is the president confident in director-ravage director wras leadership? >> i think my reference was he couldn't find e-mails at the f.d.a. it is not him with boots on the ground. you know and i know there is actually an investigation that the department of justice has initiated with some ballots being thrown in a waste paper basket. >> brennan: nine ballots in pennsylvania. >> nine ballots, but that's what we found. so we need to make sure we investigate it. it is not just the nine ballots in pennsylvania. it is duplicate ballots in other states. so to suggest there is a process that is full of integrity is trying to make a verdict before you've actually heard the

case. that is why my problem with the director. they need to investigate it and make sure that the voting -- >> brennan: are you confident in him? is the president confident in him? >> i beg your pardon? >> brennan: is the president confident in him? >> as we look at him, we want to make sure he is doing his job. certainly he is still there. the minute the president loses confidence in any of his cabinet members, he will look at replacing them. >> brennan: cbs estimates that 30 million americans are going to vote by mail. but the president said last night that the whole ballot scam is going to cause a lot of problems for this country. >> yeah. >> brennan: why is he publicly undermining confidence in that? >> well, i don't know that he is publicly undermining confidence as much as he is stating the facts. >> brennan: he said it is a scam. >> we've got states that are doing things you would

qualify as a scam when you start to look at allowing mail-in ballots to come in nine days after december 3rd, and changing judges that are actually not legislators. i think that is a real problem. you can call it what you will, but what you can call it is unusual and unique. we need to make sure that what we do is protect the ballot process to make sure that we're not creating a situation that is ripe with fraud. and he is right to highlight it. the very fact we're talking about it this morning is a good thing, and hopefully all states will look at making sure they make sure that that ballot is sacred. >> brennan: yes. and it is up to the states to determine those. we'll talk about that ahead on the program. thank you, chief. >> sure. >> brennan: we want to go to delaware democratic senator chris coons. good morning to you. >> good morning, margaret. >> brennan: you heard mark meadows' confidence and the timeline of judge

barrett. it doesn't seem that democrats can do much to stop it. will democrats do anything to slow it down? boycott hearings? how serious are you about trying to throw sand in the gears? >> margaret, what i was shaking my head about was having heard mark meadows breathlessly trying to talk about president trump's casting doubt on this election. there is only 37 days until the election. there is no precedent in american history for a president filling a vacancy this close to an election. i'll remind you more than half of the american states are already voting. we should be waiting until after the election. we should honor justice ginsburg's dying wish that the people should choose the next president and the next president choose her successor. >> eisenhower repointed brennan 26 days before the

election. but the question is: are democrats going d to do anything to slow this down. some of your colleagues are saying they won't meet with the nominee. >> i'm going to meet h her in person or by phone, another way this pandemic has up-ended the lives of millions of americans. i'll press her about her previous statements about the affordable care act. president trump said he would only choose a nominee that was confident. it is on the docket one week after the election. it defies reason why president trump would try to strip away from the american people pre-existing discrimination protection. there are more than 100 million americans who have a pre-existing condition. seven million more because they've been infected in this pandemic. i'll remind you, margaret, justice ginsburg's life's work was protecting us against gender discrimination. and before the a.c.a.

insurance companies could and did discriminate womenjust y charging women more for access to health insurance. it is amazing to me that judge barrett has publicly criticized the decision by chief justice roberts that upheld the constitutionality of the a.c.a., and that president trump is making it clear a vote for judge barrett to be on the supreme court s a vote to repeal the a.c.a. and take away health care protection from a majority of americans. >> brennan: i understand that, but judge barrett introduced herself to the american public as a mother of seven, as sort of a class mom, a very warm presentation in the public states. how do you fight that? >> well, we don't need to fight that. i can respect the fact that she has a beautiful family. that her clerks and students say she is a very talented professor and judge. that's not what is at issue here. what is at issue is both this rushed and partisan confirmation in which president trump has told

us he is choosing someone who will overturn roe vs. wade. he is choosing someone who will overturn the a.c.a. and he is choosing someone who president trump himself says he will need to put their thumb on the scale so he can win the next election. he says we have to rush through this nominee so that there is nine justices and one he hand picks to, according to president trump, support him in his re-election efforts. >> brennan: well, he says he believes it will go to the court and be decided. i understand your point. as you know with individual cases, judges sometimes are hard to predict, even though you can kind of guess where they stand idiologically. judge barrett has been before your committee because she was confirmed to the seventh circuit court of appeals, and at the time, senator fine

feinstein said to her, "the dogma lives loudly in you, and that is of concern." to many people, it sounded like anti-catholic bigotry. you are a man of faith. how did that comment land you k, millions of americans rely on our faith to guide us, to give us a framework in which we raise our children and live our lives. a community of meaning and of depth. religious faith should not be at issue here. there isn't a religious task for service in the gvernment, whether it is in the senate or on the supreme court. >> brennan: is that a legitimate question? should that be raised as a factor? >> what should be raised is her opinions, her speeches, her public statements as a professor and a judge, and whether or not she will uphold precedent. as you well known, margaret, roe vs. wade, griswald versus connecticut, these are settled cases that for decades have allowed americans to have confidence about the role of the state in terms of

their private decisions about health care. and the affordable care act is settled law. the supreme court has upheld it as being constitutional. that's on the docket a week after this election. that's on the ballot. and that's something judge barrett has spoken directly about. it is appropriate for us to question her statements, her opinions, her actions as a professor and judge, but not to go into questions of doctrine or faith personally. that's where i'll be focusing my questions on, on the affordable care act and what she has said publicly about her views on the constitutionality. >> brennan: you support joe biden. what should we expect? is this going to be the main argument? >> you should expect that president trump, who is a very successful reality tv star, is a master of spectacle. he will say whatever it takes in order to distract us from joe biden, who will again show us his heart, his compassion, his character. joe biden has laid out a clear and strong plan for how to get us out of this

pandemic, for how to bring us back together. joe is going to focus on that, and donald trump is going to try to ank yoitus. i said sit! (stasha vo) i used to braid my brother's hair, my sister's hair, (stasha vo) i really don't remember not being able to braid. [laughs.] neighbor's hair. (stasha vo) when everything shut down, i thought, "you know what? people have been asking for online classes for the longest." it was amazing. business kept growing and growing and growing. (stasha vo) i feel blessed that i can still connect with others. support others. and i am still going. honey honey? new nyquil severe honey

is maximum strength cold and flu medicine with soothing honey-licious taste. nyquil honey. the nighttime, sniffling, sneezing, coughing, aching, stuffy head, fever best sleep with a cold medicine. >> brennan: we turn now to former homeland security secretary jeh johnson. part of his job was combating election interference. he is in montclair, new jersey. good morning to you. >> good morning, margaret. >> brennan: it is ultimately up to the states to administer elections. what are your concerns about the integrity and the security of this race? >> well, first, margaret, it's disconcerting to see the president and his chief-of-staff cast doubt on the integrity of our democracy. in fact, mail-in voting is always as old as the

nation. there are states now where it is the predominant way to vote, which is by mail. and we manage to have a peaceful election in 1944, during world war ii. we managed to have a relatively calm, peaceful election in 1864, when the nation i was literally at war with itself. so my concern is that the president himself seems to be the one casting doubt on mail-in votes in particular. the documented cases of fraud returned mail-in voting is a small fraction of something like 1%. having said that, i think all americans should plan how they're going to vote. what is unusual about this election is we're going to have to move something like 100 million mail-in ballots. so i would encourage americans to plan their vote, vote early, whether it is in person or by mail. i got mine yesterday in the mail. and i plan to return it as soon as possible. >> brennan: you're in

new jersey, which is allowing mail-ins this year on a large scal. scale. the president said he thinks this will end up in the supreme court. i understand what you're saying about undermining the overall integrity. but many people would say, we've never done this before, and it is going to be messy. is that not a fair question to ask: how can we actually do this? >> well, the reality is, margaret, that our democracy -- one of the special things about our democracy is that whatever power president trump has evaporates on january 20 at noon. and whoever has 270 electoral votes at that moment -- and we can talk about the wisdom of the electoral college -- becomes the president, and at that moment becomes commander in chief, becomes director of the executive branch, and the other candidate walks off as a private citizen. that's how we've been

doing things for almost 250 years, and i'm confident we will continue to do it in that way. >> brennan: you're saying at 12:01 on january 20the security service willmp if he loses, and a peaceful transition of power will happen. >> it's the way our democracy works. the president doesn't get to stay in power simply by surrounding himself with the tools and the vestages of power. whatever power this president happens evaporates on january 20th, 2021. >> brennan: it may be messy getting to that point. the senate was briefed on election security this week. senator mark warner said the period immediately before and after the election could be uniquely volatile. what does that suggest to you? >> well, in ter

external threat, the threat from the russians and others, i agree with what the f.b.i. director said this past week, that we have to be on guard, innfor t em news ns trouble to inform themselves about how they're going to exercise their vote, and look past the noise. without a doubt, this election will be unusual because of the number of mail-in ballots. but we've done this before. we've done this s nce almost the beginning of our democracy. the other unusual thing about this is you have a president who, frankly, is trying to ratchet up the anxiety and the concern about our democracy. i think all americans have to have history in mind and know that we have a stroonstnalsyem.>> brennanow, ce seized on a comment by former secretary hillary clinton, when she said joe

under any circumstances because i think this is ging to drag out. since that time, her aides have said that is specific to election night. other democrats have said she shouldn't have said tat at all. do you think that is damaging? >> the way i would put it is this way, margaret: whoever does not win the election should have more respect for the constitution and our democracy, rather than his own political fortune. and we've seen that time and again. the very eloquent concession speech by john mccain in 2008. the candidate has to care more about the democracy than whether or not he or she wins. that's the way i put it. >> brennan: very quickly, you prosecutor. the breonna taylor decision is continuing to lead to protests. what do you make of that case? >> well, i hesitate to sit in judgment if i'm not privy to all of the

evidence. the charge that has been brought up against this particular officer, i think it is wanton endangerment, it is as if you're acting in a mode of self-defense, but you're firing into a crowded theater indiscriminately. it is hard for me to distinguish that charge and those who fired directly at breonna taylor. but we'll know more soon, is my hope. >> brennan: secretary johnson, thank you for your insight. and we'll be back in a moment. over-the-counter eye drops typically work by lubricating your eyes and may provide temporary relief. ha! these drops probably won't touch me. xiidra works differently, targeting inflammation that can cause dry eye disease. what is that? xiidra, noooo! it can provide lasting relief. fda approved treatment specifically

for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use if you're allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. don't touch container tip to your eye or any surface. after using xiidra, wait 15 minutes before reinserting contacts. got any room in your eye? talk to an eye doctor about twice-daily xiidra. i prefer you didn't! xiidra. not today, dry eye. ...i was just fighting an uphill battle in my career. so when i heard about the applied digital skills courses, i'm thinking i can become more marketable. you don't need to be a computer expert to be great at this. these are ills lots of people can learn. i feel hopeful about the future now. ♪

i'm a sustainability science researcher at amazon. ges the fight of our generation. the biggest obstacle right now is that we're running out of time. amazon now has a goal to be net zero carbon by 2040. we don't really know exactly how we are going to get there. it's going to be pretty hard. but one way or another we're going to reduce our carbon footprint to net zero. i want my son to know that i tried my hardest to make things better for his generation. >> brennan: cbs news estimates this year that at least 80 million people will vote early in person or by mail. that's a big increase from 2016. make sure you have a plan on how you will vote and where. go to cbsnews.com/vote.

i started out as a cashier. i mean, the sky's the limit with walmart. it's all up to you. ♪ ♪ [phone rings] "sore throat pain? try new vicks vapocool drops in honey lemon chill for a fast-acting rush of relief like you've never tasted in... ♪ honey lemon ahh woo vicks vapocool drops now in honey lemon chill is now a good time enough, crohn's. for adults with moderate to severe crohn's or ulcerative colitis, stelara® can provide relief, and is the only approved medication to reduce inflammation on and below the surface of the intestine in uc. you, getting on that flight? back off, uc. stelara® may increase your risk of infections, some serious, and cancer. before treatment, get tested for tb.

tell your doctor if you have an infection, flu-like symptoms, sores, new skin growths, have had cancer, or if you need a vaccine. rpls, a rare, potentially fatal brain condition, may be possible. some serious allergic reactions and lung inflammation can occur. lasting remission can start with stelara®. if you've been financially impacted by covid-19, janssen may be able to help. >> brennan: we'll be right back with a lot more "face the nation." up next is former white house counsel don mcgahn. stay with us. ♪

[captioning funded by cbs sports division] captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org james: week three of "the nfl today" is coming to you now. boomer: joe burrow and first two games are a rookie record. let it fly, kid. nate: kirk cousins needs to be turnover-free. bill: cam newton, 77%