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as we await this hearing to continue andy mccarthy is still with us. sort of preview what you expect as the afternoon comes on here and there is a whole other day of questioning of ketanji brown jackson. >> well, i think they are going to dive deeper into things that she has actually said. she has a long paper trail having been as shannon said not just a district judge for eight years but we heard during senator graham's questioning she has filed a number of briefs, amicus briefs with various courts. she has a paper trail. i expect they will pick over it. a couple of times today when she was confronted with things that she had represented to courts in briefs and she didn't seem to be completely on top of what she had said. so they are clearly going through the paper trail and i think she is probably going to have to study it even -- i'm sure she is killing herself getting ready for this but have to go carefully over the things she said in the past. >> getting ready for this, shannon, she responded to the hawley child porn comment saying nothing could b

joining me now, the fantastic promised at the national review, fox news contributor, andy mccarthy isme back, andy. >> i'm good, how are you? kennedy: i find this to be fascinating, it's a fun game, i feel like i've been to this rodeo before. judge brown jackson obviously, she throws a bone here or there, the original variety to conservatives and libertarians but is it possible to get a true glimpse affect judicial philosophy she's constantly deflecting to talk about her methodology? technology obviously is so much more. [laughter] >> i think one thing she's right about his she does have a record and i would pay more attention to her record and legal attention than what she's saying and her testimony. i have to remind myself not just everybody else myself a confirmation hearing is not a contract. nothing she says -- she can sound like justice scalia, it makes me go over the moon when she sounds like justice scalia but the problem is nothing she says about that is enforceable and once she gets on the court votes like justice breyer mayor, you don't get to call her back because of what

andy mccarthy, former assistance u.s. attorney said this about what we might hear from republicans. let's watch. >> change the trajectory of the court, number one. number two there isn't a lot of drama to this. it appears she has the votes to get confirmed. so i think if the republicans are smart, i think the way they should play this is for purposes of the upcoming mid-term elections and to set up the presidential election, the kind of nominees that president biden wants to put on the court. >> harris: that is plain speaking from andy mccarthy. what is your take? >> well, from the very beginning of this hearing you will tell a difference already. i think andy will be pleased by the fact that the optics are different. when amy comey barrett appeared, the democrats surrounded her with giant pictures of people who were relying on the affordable care act. the impression they made was that all these people will be endangered by this nominee. that she would kill obamacare. it was completely absurd. i said at the time the case was not a threat to obamacare and she would be more likely to

that squares with what andy mccarthy wrote in the national review when he called that attack on judgepoint of demagoguery. this was led by josh holly of missouri. you think we've heard the last of it or is this what we're going to hear from now on? >> haven't heard the last of it from the base crowd, but when you have mccarthy, very conservative former prosecutor writing a national review saying it's a form of demagoguery, he's steling the truth. that's important because you need republicans that are going to stand up to those cultural war bombs that are being thrown. by polling marquette university, the judge is one of the most popular to the supreme court in recent memory. got called out for jack assery by ben sass and all they've gotten in some case is the culture war. >> it's not just sass who was raising his eyebrows at the behavior of people like holly and ted cruz who was asking the judge whether or not babies were racist. take a listen to chuck grassley who's the ranking republican on the senate judiciary committee. he had a town hall on friday after he watched republicans. ta

andy mccarthy and constitutional law attorney jonathan turley. we have gone through this a few times together. one of the things i was thinking about is how different some of these hearings are when it is a democratic nominee versus a republican nominee. you posted a column in usa today saying ketanji brown jackson is getting the respect amy coney barrett was denied. the republicans say they will keep it civil. the democrats will already support her. what do you make of that comparison of the coney barrett hearing? >> many of us were shocked during the barrett hearing. i covered all the confirmations for virtually everyone on the court and never saw anything like the circus put on around judge barrett. they surrounded her with giant pictures of people who were using the affordable care act. the suggestion being these people and people like them are endangered by judge barrett based on a false claim that she was nominated to kill obamacare. some of us wrote at the time this was a radically misrepresentation of the case. the case was not a serious

>> the andy mccarthy piece was speck, very narrow, actually, what he wrote.bout the child pornography stuff and andy mccarthy has a long history trying child pornography. you've seen mcconnell himself suggest that her background as a criminal defense lawyer suggests an empathy with criminals. so i do think you're going to see other republicans go along that broad line of attack. i don't think it will just be josh hawley. >>> coming up, one of the lawmakers questioning the supreme court nominee when confirmation hearings resume today, senator chris coons joins us. >>> plus, we'll talk to him about the situation in ukraine. president biden's new warning to business leaders about the potential for russian cyber attacks. >>> and later -- former homeland security secretary jeh johnson joins us. >>> "morning joe" will be back in just a moment. entresto is the number one heart failure brand prescribed by cardiologists and has helped over one million people. it was proven superior at helping people stay alive and out of the hospital. don't take entresto if pregnant;

we have andy mccarthy standing by.ut to see this afternoon and what you are looking for? >> especially senators lee and cruise are constitutional scholars. i think they are going to go after the judge on her philosophy. when she gets asked about philosophy, she switches the conversation to methodology. but says that includes figuring out what the law is in every case, and when they are going to point out i think is that's what we want to know, how do you figure out what the law is in every case. so that's where i think they'll go. >> john: right at the beginning of all of this durbin took the wind out of a controversial issues, court packing, said to judge ketanji brown jackson, when judge barrett was here, question came around with charles grassley of iowa answering it, she deferred. number one. >> you agree with justice breyer that court packing is a bad idea? an -- >> respectfully, senator, other nominees have responded as i will, which is that it is a policy question for congress and i am particularly mindful of no

andy mccarthy, doesn't support jackson, wrote in "national review" this was a misleading smear.y other judges also sentenced below those guidelines including republican appoint judges. so, and the supreme court doesn't do any sentencing. so you could say why ask about that? on the other side of that issue republicans say that knowing whether she is soft on crime is an important thing to consider when deciding whether you want to vote for a supreme court nominee. crime is a huge issue in this country right now. we talk about it all the time. we do stories on it all the time, rising crime and about d.a.s, and police going soft on crime in big cities affecting daily lives and hurting people. in new york city, for example, it is a really huge issue. i think it is absolutely fair game that republicans would pour through her record to look for something that might show her as a weakness on the high court. i think this issue, especially heinous issue of child pornography, not just some kind of victimless crime because it was just viewing images. the only reason why child porn continues

andy mccarthy fox news contributor and former assistant u.s. attorney coming up in

attorney andy mccarthy.ng on around the world with the war in ukraine. how do you expect these hearings to go? opening statements today and questioning gets going tomorrow. >> i think the real reason aside from all the other things that are going on which have pushed this down the news tree is she is not going the change the trajectory of the court, number one. number two, i don't think there is a lot of drama to this. it appears she has the votes to get confirmed. so i think if the republicans are smart, i think the way they should play this is for purposes of the upcoming mid-term elections and forset up the presidential elections, the kind of nominees that president biden wants to put on the court who are not originalists or not philosophically attune to the idea that judges are there to apply the law as it was understood when the constitution was ratified or as it was understood when congress enacted it. i would be making the philosophical argument about the biden judges and not do a personal attack on j

i left it up to andy mccarthy, listened to him earlier on fox news. he said this. >> she would have had a very good reason not to answer that question, harris, if she had said this is a very hot button issue, there could be litigation about it, title 7 litigation, title 9 litigation, i'm not going to comment on it. to say you cannot give a definition of what a woman is is the sort of thing you would think they might have discussed how she would answer that question when it came up. >> so there was that. you can respond to that and maybe perhaps senator preview where you are going with all of this today. >> yes, and what he has said is correct because yes, title 7, title 9, the issues with the ncaa right now, with biological men competing against biological women, which is the point i followed with in this discussion, sandra. this is an area where people want to know where a justice is going to stand, where our federal districts and appellate judges are going to stand. because your thoughts and values, all of that that creates your world view, you carr

andy mccarthy and constitutional law attorney jonathan turley.