the former federal prosecutor andrew mccarthy. but you make of all this with the democrats satisfied? >> they'll never be satisfied because as we've discussed before, this was never about what they said it was about. this is never about whether kavanaugh was a serial. it was never about whether he was a boos back in high school and college or whatever else they alleged the last few weeks. this has always been about delayed. we are talking about democrats in the senate who announced from the beginning that they were never going to support kavanagh whether it came out that he was the greatest legal minds in history and he was the biggest choirboy in the history of maryland. they were never, ever going to support him for ideological jurisprudential reasons. this has always been about delayed. elizabeth: it's also been about big consistency and liz's

andrew mccarthy a former assistant u.s.or the southern district of new york a distinguished former federal prosecutor national review contributing editor and "fox business" contributor great to have you with us and the pay let's start -- it's great to have you here. let's start with rosenstein and whether or not he is going to be fired. he has basically endorsed the mueller investigation. this is almost as outrageous as trey gowdy the lame-duck congressman having endorsed the fbi's the committee last may saying we would just be thrilled with the way they have handled themselves and don't worry about donald trump, he had nothing to do with the bias against them and had nothing to do with the investigation. >> i wouldn't expect lou that rosenstein would say anything other than he was endorsing the investigation because he ordered the mueller investigation. he's the one who appointed mueller. he's been supervising him and he he were suddenly at this point to say the investigation was politicized or inappropriate that it wasn't

assistant attorney andrew mccarthy joining us next. melissa: sally sells seashells -- >> we're talking about throwing ice on somebody when you were in college disqualifying you from a seat on the united states supreme court? this is not been a search for the truth. this has been about search and destroy. 300 miles per hour, that's where i feel normal. i might be crazy but i'm not stupid. having an annuity tells me retirement is protected. annuities can provide protected income for life. learn more at retireyourrisk.org where we're changing withs?ected contemporary make-overs. then, use the ultimate power handshake, the upper hander with a double palm grab. who has the upper hand now? start winning today. book now at lq.com. hundred roads named "park" in the u.s. it's america's most popular street name. but allstate agents know that's where the similarity stops. if you're on park street in reno, nevada, the high winds of the washoe zephyr could damage your siding. and that's very different than living on park ave in sheboygan, wisconsin

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back with us tom dupuis, chris and andrew mccarthy in new york.rom the capitol, a live image from our fox crew. dana: and that's grown in the last hour that we've been on the air. bill: we also know there are protesters on the steps of the supreme court a short walk away. not sure if it's the same group, a different group or growing group. nonetheless we've watched go to capitol hill. a live reporter on a bus, reporting live on the bus rolling down the highway through new jersey. the left has been mobilized. we will see how much and how long it lasts. i thought it was very telling that gillian turner earlier today said that she did not see a single protester in support of judge kavanaugh today. not one. they're all out there yesterday and the day prior, andrew, but not today. >> well, i just think this is a-- it's a sad reflection of what the court has become and what it is not supposed to be in this society, which is the place where we go to decide the way that we live. this is the place that we go to make the decisions that a democratic society

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andrew mccarthy, great to have you on. just want to get a process question in here first. do? is it strictly q & a? how do they summarize and figure out what the facts are or not, what the accusations are or not? and is their report a simple transcript or a summary of what they're gathering this week? >> well, bill, to answer the last question first, the easiest. it's always a summary. what the f.b.i. does is interview witnesses and compose what's known as a 302. they may take handwritten notes while the witnesses are speaking but they then summarize that into a traditional f.b.i. 302 report. and the f.b.i. former official that you quoted is quite correct. they don't make an assessment of whether the person is being honest and truthful or not. they say this is what the person said. and you've hit on something that's actually really important here. when the f.b.i. does a criminal investigation, let's say a bank robbery, that's kind of a finite, concrete transaction. they go out, they do their traditional criminal investigation. they can either establish the essential elemen

. >> sean: andrew mccarthy has a new column out today and it's titled "democrats, complaints about the investigation or absurd." he joins us now, fox news legal analyst at gregg jarrett, chief counsel for the judicial crisis network. carrie severino. to me, andy, from the beginning it was, okay. these are the allegations. now you ask the people and they said in every case that there were people that could corroborate this. unless people change their mind, remember under penalty of a felony, they are going to admit they committed a felony and change their story. i don't think so. >> this has always been about delay from the very beginning, that's all it's been about. it's not surprising that they were not able to corroborate those allegations. i think those allegations in a normal process, he would have never heard of them, because of the way the senate has to bet those kinds of claims where people say they want to remain confidential and if they can go into the sort of thing. that's not what this was ever about. they were raising claims at the last minute in order to force delay. and e

. >> is at andrew mccarthy?'s one of my favorite. >> they don't expect him to be the nice guy but in 16 candles there is a saying that this problematic because the good looking guy ends up having his drunk girlfriend he gives them to the other dude and says have a good time. >> because its boorish behavior which is what the movie is defecting. >> no one is saying be like this guy. >> let's take a look at something completely different which is the vladimir putin calendar, you can get in your orders for christmas. is this a hot tub? >> it's a hot tub for what? >> of course it's a plunge pool, everyone knows that. >> martha: here he is cuddling up with a jaguar, a leopard. i know i'm going to get emails about the difference. and there he is with a fish. he has a lot of self-confidence. >> i feel like being a dictator of a country must give you some serious self-confidence and you start to think maybe i'm in control of all of these people and this whole entire country, not because that's the way it is but because t

you and andrew mccarthy on your show. back in the 70s, the united states was a much smaller country. many, many more of these kinds of attacks. >> dana: "the new york times" yesterday had an amazing report. on the website, really well done. i would point anyone to it. talk about 1968. the 50th anniversary and were looking at this now. in 1968, how divisive things were. i think we have to keep in mind that keeping a redline between speech and violence is really important. that's how america was founded. i also feel like the president could figure out a way to read the room a little better and by that i mean the country. take, minutes. tap the brakes a little bit. for better or worse, people tend to look up to leaders may want to feel better about the moment. the moment becomes about him and the media treatment of him, then we are right back down into it. someone is going to have to step forward and do something. one last thing and then we have to go. the issue of radicalization of people. we have talked about this a lot du

attorney andrew mccarthy and guy benson very welcome. >> i almost ran out of room here taking notes. early on, talking about the 2018 midterms. you asked about the house of representatives and he almost immediately pivoted to senate races. he circled back and said we are doing well in the house but he is smart to be focusing on the senate. a lot of the action was in the senate and the last few weeks. the momentum is in the republicans favor and some red states were democrats on their heels. i think for him to go after the democrats as hard as he did, calling their conduct disgraceful, is music to the ears of almost everything a person who is right of center in the united states whether they are a hard-core trump fan or tromp skeptical like myself, what we witnessed for two weeks was disgraceful from the democrats particularly on the judiciary committee. with the president and mitch mcconnell and republican party on the same page, there does seem to be a bit of linking of arms heading into november. >> shannon: andy, we touched on the fbi director and the fact that he was pressed on,

joining us andrew mccarthy, andrew, good to see you, thanks for joining us, isn't it incredible thatys are retiring make the decision to postpone an interview with rod rosenstein 2 weeks before the midterm elections, goodlatte, gowdey and paul ryan. >> i think at this point this is a complete farce, you know, the fact of the matter is and has been from the beginning that president trump runs the executive branch, you know, all eyes are on rosenstein, all eyes are on sessions, if president trump wanted this information out he could direct rosenstein to put it out and we don't need an interview of rosenstein in a classified setting that maybe some day someone will get to see some sanitized version of it that the intelligence community lets out. we need the documents and to get the documents you need the president if rosenstein won't do it voluntarily you need the president to order rosenstein. the rest of this is all theater. maria: that's a good point. why is the president holding back on declassifying the documents? let's face it, we basically know what went on here that there was a

then we'll hear from andrew mccarthy. he was an assistant nice states attorney in new york and he was the lead are skewed in the 199e against shake, the blind sheikh and 11 others that resulted in all of them being convicted on terrorism related charges that he was also involved in the prosecution of individuals who were connected with the bombing of the u.s. embassies in kenya and tanzania. he is a director for the center of law and counterterrorism at the foundation for defense of democracies and he is a regular contributor to fox news in national review. judge starr, the floor is yours. >> well, thank you. i made remain seated if that's all right, and provide a series of reflections religious to get the conversation going, or to continue the conversation. just wanted to mention since impeachment is in the air with the midterms i had that i thought i would begin with, some going to begin sort of at the end and then hopefully scrollback to the beginning. in stark contrast to the independent counsel statute, the regulatio

alan dershowitz and andrew mccarthy live in the next hour.ete: welcome back. brett kavanaugh sworn in to the supreme court tilting the balance of power in favor of constitutional conservatives. >> what are the biggest cases to watch? director of public policy for james dawson institute, good morning. >> thanks for having me. rachel: what are the cases we need to look at moving forward? >> reporter: this is an amazing victory for conservatism to have an originalist majority on the court and everyone at the institute extends congratulations to brett kavanaugh and encouraged the donald trump is fulfilling his promises to the american people. now that he will start his new job come tuesday there are a few cases on the docket dealing with administered of law issues, holding administered of agencies that are not in the constitution and act functionally is legislative, executive and their own enforcement and interpretation accountable. we heard the term chevron deference. that means brett kavanaugh and the conservative majority will make sure those

chief attorney andrew mccarthy, without revealing anything, you don't count your chicken before theyseen a lot of twists and turns here. is there anything that you enqvist that could disrupt this process? >> no, but what this process, i think, has taught me or reminded me, and hopefully reminded all of us, we don't know what we don't know. and when you're talking about if things go swimmingly well today, neil, it's going to be 50-48. the rule of law will defeat the mob by 50-48. anything unpredictable that happens, we have virtually no margin for error. neil: one of the things that's come up, too, is the closeness of that vote and that an asterisk next to the judge's name, and clarence thomas has an asterisk to his name, the vote in the senate, but he's on the high court. kavanaugh would presumably get on the high court. what do you make of that? >> i think part of the reason this has been such a pitch battle is that the work that the supreme court actually does overwhelms ultimately these confirmation battles. so, when we think about kavanaugh in the years to come, it's not going to

you had andrew mccarthy on earlier, they're grappling with sharia law and all the cultural programs thath workers in the country. >> what stephen is suggesting ultimate made in america program. why don't we have our own citizens, have our own babies? ainsley: i was at a birthday party this weekend and one of the grandmothers said to me, i think we have gotten so far away from family and faith. you have eight children. >> yeah. ainsley: people are fearful to have so many kids we're afraid we'll not be able to afford it. many people are waiting longer to get married. our parents got married, 20, 21, started having babies immediate. people want enough money in the bank, by the time you're 35, 38, you can't have that many kid. >> why a program like this would encourage younger couples to form families sooner, have children sooner. you have actually have more kids. if you don't start early enough, hard -- ainsley: 40 and you only have one. >> there is also another good, big families are a challenge. they're not for everybody. tell you another good reason big families are good for the our coun

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