jonathan turley, thank you and we will speak to you very soon.lions of americans casting ballots and what could be a record election turnout. bret baier weighs in on that and marc siegel with a timeline for a vaccine today. and a little bit made her from the trump team, mercedes schlapp and peter schweizer in a jam packed still to come straight ahead. is what joe does. when writing his healthcare plan, joe biden worked with both doctors and patients to make healthcare affordable by lowering premiums, reducing drug costs, and protecting people with pre-existing conditions. joe listened to both small business owners and workers to create his economic plan that cuts taxes for middle class families, creates 18 million new jobs in his first term, and raises wages by as much as $15,000 a year. joe biden's plans will help working families immediately by making the super rich finally pay their fair share. for joe, it's never been about ego. it's always been about the work he can do for working families. it's what he's always done. joe biden brings everyo

for more on the start of the confirmation process, joining me now, law professor, jonathan turley. once again, i should point out, a fox news contributor. welcome back. >> [laughs] thank you. it's good to be back. >> bret: jonathan, what was your take of today? set up, obviously democrats went in there with a plan. this is the opening statement. but, set the table for the viewers. >> while, it was a curious scene. we are not used to having all of the blown up pictures around the nominee. and it was of bids inappropriate because the suggestion was that these are going to be the victims of the nominee and they portrayed her almost like some type of zero killer, that these people are going to lose all of their health care. these were very touching stories. there were very moving stories and they are a good argument for national health care but they are not relevant to this nominee because the case they are talking about is very unlikely to result in the entire act being struck down, at least two of the conservative justices are expected to vote in favor of preserving the rest of the ac

joining now, constitutional scholar, fox news contributor, jonathan turley. all right, packing the courts and they won't give an answer. if you basically have heard from jock, he will end the legislative filibuster, we know they want d.c. and puerto rico statehood. we know they want amnesty which could be, i think democrats want to because they think it's going to be more democratic votes down the line. even some talking about a constitutional amendment to get rid of the electoral college. how scary is that to you? >> the most unnerving thing about these plans is that this country is already divided. we've never needed the supreme court more, the supreme court is an extraordinary institution that president jackson says. presidents yielded to it and the american public has yielded to it. because it has wettability. because it has authority. if you packed the courts, you lose that. when you lose the supreme court's in this moderating institution, stabilizing institution, things can go really badly and really bad times. this is one of those times. we've been div

. >> harris: i want to bring in now jonathan turley. jonathan you're hearing ken starr saying this is not about polling these are the substantive grades of people outside this hearing room and what they are looking at in terms of who she would be in a courtroom. who would she be jonathan for america? as you look at the -- at what the u.s. supreme court decides, the cases before it. what goes before a potential judge barrett where you say, yep, that's going to be potentially her imprint on this? >>> well you know what's funny harris, the person she reminds me most of in a confirmation hearing is ruth bader ginsburg. of they're very similar. they both were top of their law school classes, both started as law professors, writing in the area of rights. both widely respects, they had divergent views. they also both came to the court fully formed. these are not works in progress. these two women have very deep understands of jurisprudence. you saw that in the exchange with durbin. that was with -- the exchange with durbin are going to be the h

we will break down why this isil such a critically important issue with constitutional scholar jonathan turley. tonight, we also have the highlights of day one of judge amy coney barrett's hearings.th judge barrett delivered a stellar performance of the democrats looking small and petty in comparison but with 22 days until you're the ultimate jury early and the election takes place, let's go back to the campaign trail where joe biden mustered up the courage to leave his basement bunker for a few hours. in fact, joe left his home state of delaware today in a rare occurrence for the week, frail democrat. he was overwhelmed and at one point he confused robert byrd with ted kennedy and then another point that joe could not remember senator mitt romney's name referring to him as "that mormon." watch this. >> you may remember, i've got in trouble we were running against senator who was a mormon. the governor, okay? i took him on and everybody said and was asking the question. >> sean: the mormon guy, the mormon. we hold these truths to be self-evident, and down by the thing, you know, whatever, the

let's bring in jonathan turley.ning me once again now, george washington law professor and fox news contributor. you know, with regard to what shannon just spoke about, some of these voting issues that are before the court, there has been some discussion about her appointment by president trump and the election going on and whether or not she should have to recuse herself and i heard you speak about this this afternoon as an insult and i'd love for you to explain to everybody at home why you see it that way. >> it's utterly absurd, what is being suggested by some of these members. there is no basis why she should recuse herself from voting on these pending cases or on election cases. there is a standard for recusal that is codified. some justices have recused themselves, relatively few cases. it's a matter left largely after the justices themselves. they are not subject to the decision, the review of lower court judges, so this is left to their discretion. when they have recused themselves, it is because they've had

jonathan turley is going to be on later to expand on this.ction is a choice between a trump boom or a biden lockdown for the economy. is he right? we are going to ask trump campaign senior strategic adviser steve cortes he suspect next. it's made for him a veteran who honorably served and it's made for her she's serving now we also made usaa for military spouses and their kids become a member. get an insurance quote today. we also made usaa for military spouses and their kids - with the ninja foodito intelligesmart xl grill.ing just pick your protein, select your doneness, and let the grill monitor your food. it also turns into an air fryer. bring outdoor grilling flavors indoors with the grill that grills for you. will be to get control the of the virus will take that has ruined so many lives. what would joe biden do to beat covid? double testing sites so we can safely reopen, manufacture ppe here in america, restore the white house pandemic office, save the affordable care act and protections for pre-existing conditions. this is not a parti

jonathan turley is a law specialist at george washington university.ity leader has zero margin for error, he cannot lose a senator to a convalescent period. so we don't know how serious the illness is for these senators, what is clear, is that the republicans are going to go forward, and if they have to take these senators into the floor on a gurney, my ex penge tasting they would do it if they consented. and the democrat also do everything in their power to stall and delay and block this, the coronavirus seems like a good excuse for them to bring that into play? it is not going to be successful. this falls into the category of holding my breath until you give him. him. mcconnell would let them hold their breath. he can change the rule, he can even allow for virtual voting, if they push through those changes, and the thing is, even though time is short before the election, it is not that short. he can actually get this confirmation through, in this period, and he will also make changes if he has to, so he has a little time to play w assuming these two

i will ask jonathan turley that when we speak to him shortly.nwhile go to jillian mele who we are going to hear from shortly. jillian: give you. so headlines we are following starting here. california supreme court ordering a second look at scott peterson's murder convictions. the high court overturned his death sentence in august. a county judge will examine if juror misconduct led to an unfair trial. if the judge agrees, peterson could receive a new trial. in 2004, peterson was found guilty of killing his wife lacy and their unborn son. two american hostages on their way home after being freed from captivity in yemen. aide worker sandra and businessman were released as part of a prisoner swap. a body of a third american who died in captivity was also returned. in exchange, the trump administration free you had 250 houthi rebels. first lady mump reveals son barron also tested positive for covid-19. the first lady released a statement two weeks after she and president trump tested positive for the virus. it reads, in part, quote: luckily he is a

jonathan turley and shannon bream. thank you. we're hearing now from the witnesses in the hearing room. the american bar association standing committee is now speaking on the nomination of amy coney barrett. he ultimately goes on to say the standing committee has deemed her well qualified to be an associate justice of the united states supreme court. let's get back to the hearing room. >> for your staff's accommodating us to be here today. they were professional and gracious at every turn. thank you. >> thank you for returning. there is contention on our side about the aba at times but as chairman i always have considered the input to be important even when i disagree with it. and during my time we've continued the practice of aba input and i hope those who follow me will do so. ms. roberts. >> thank you, mr. chairman. ranking member feinstein, and members of the committee. as my colleague just introduced i'm pamela roberts, the lead evaluator for the nomination of judge amy coney barrett to sit as a justice on the supreme court

. >> laura: joining me as jonathan turley. robert done and former clerk to supreme court justice clarence thomas. this was nowhere near the level of abuse that kavanaugh got two years ago but they still had to get i in their jabs and try to make as and painful as possible. your reaction. >> she did very well. the questions that were asked of her weren't premised on getting an answer of any kind. she had continually citing the ginsberg ruling said she would not talk about future cases. that wasn't really the point. seemed like the democratic senators were really sort of making a case unrelated to the nominee. they were bringing up president trump and all of this sort of political divisivenes de issues that have gone into this election. much of the questioning i think was rather embarrassing. i thought the high point was dick durbin. i thought he did a very good job. in fact the exchanges between durbin and barrett were the most substantive of the hearing. they almost stumbled on that accidentally, but they actually hit substant

some surprises, we will hear from two senators on the judiciary committee, likely and ted cruz, jonathan turley as democrats at well-crafted questions but judge barrett's counter punches up to the task. top moment straight ahead, increasing scrutiny of the biden's ties to ukraine. the senate - can you say china, trey gowdy joins us live. and he will be joining us in an hour and 15 minutes. if i can get stephen ainslie in the studio. a live bookkeeper is helping customize quickbooks for me. okay, you're all set up. thanks! that was my business gi, this one's casual. get set up right with a live bookkeeper with intuit quickbooks. >> the governor abusing his power, the state tries to seize hundreds of thousands worth of assets. todd: cheryl casone it with the growing battle. >> new jersey jim owners is governor phil murphy is abusing his power by trying to seize 260,$000 of access after the gym defined murphy's orders and reopened. owner ian smith tweeted governor murphy is seizing assets, 259,000, fines for opening the business and not requiring masks, 15,$000 per day, please share, the president

hunter biden's former business associate tony bob is abelinsky, jonathan turley will react to the latestelection. will texas turn blue? can trump when the badger state. and former with johnson, giano caldwell said evidence of hidden trumpeters and voting blocs you would not expect. jerry baker, lisa booth and madison, a busy 3 hours kicks off 17 minutes from now on the channel you trust for morning news. todd and jillian back on "fox and friends first". did you know you can go to libertymutual.com to customizes your car insurance so you only pay for what you need? really? i didn't-- aah! ok. i'm on vibrate. aaah! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ jillian: welcome back. orthodox jews, feel unfairly targeting their community. video evidence to prove it. >> we will be back shortly. jillian: the business owner threatened with a summons, when witnesses say there was no one inside his shop. new york post columnist joins me to react, good to see you this morning. what are people saying? >> they see they are being targeted, all the videos coming out of people co

here is law professor jonathan turley talking about this on monday. >> the case they are talking aboutely to result in the entire act being struck down, at least two the conservative justices are expected to vote in favor of preserving the rest of the act. >> shannon: one side wants to say it's definitely happening, republicans say it's deftly not happening, you're hoping that it will. what is your estimation of how people are handicapping how they think justice barrett would bo boat. >> he doesn't understand what victory looks like in this case, my clients have a clear straightforward path to victory that requires a light list by the supreme court, if the court will adhere to its current precedent and case law, we win this case because the supreme court has already held that the individual mandate is closely intertwined with the pre-existing condition mandate. this is the engine of the affordable care act and while the supreme court may not strike down the entire law, it is very likely that the court will dismantle this engine, thus rendering the main premise underlying the affordable

it's a topic that law professor jonathan turley says is entirely inappropriate for the senators to evencuss. >> the assumption being made, sort of brought through with all these pictures, is that this future justice is going to end health care for all these individuals. that's just not likely. and, but more importantly, the arguments on the merits of the aca, in my view, are really inappropriate for a confirmation hearing. lou: and the radical dems, do they care about propriety? of course not. they will make this hearing just as they did in the hearing for justice brett kavanaugh, all about the politics of hate and the democrats' love of the politics of personal destruction. republicans, on the other hand, focusing on judge barrett's qualifications and her character. senator ted cruz today used his time to call out that glaring difference between the two political parties. >> to every democrat who's spoken, we've heard virtually not a single word about judge barrett. we've heard a lot of attacks of president trump. we understand our democratic colleagues are not supporters of the presid

something jonathan turley wrote present the sharing of a scandal and the media refuses to cover it. did a scandal ever occur? after all, an allegation as a scandal only if it is damaging. no coverage, no damage, no scandal. we are a few days into the story, where do you see things today? >> first of all, it's a huge fiasco for facebook and twitter. it's really damage their reputation, especially twitter given the censorship that kept escalating the warfare by locking the trump campaign account, and then changing the position, changing our policy and then took two full days to allow the sharing and the irony here, the fact that both of these tech giants had tried to suppress them. >> dana: one of the things we talked about was bret baier, this question of other media if you think about "the new york times" report on trump tax returns, that got a lot of attention. that material i imagine was illegal to give it to "the new york times." what do you make of the differences here? obviously, it's not apples to apples, but it is fruit to fru fruit. >> i noted that neither cnn or msnbc had c

i want to go to george washington university professor jonathan turley. very good to have you.been a while, so thank you for joining me. this process, you know that the democrats say, you know, it's a sham. it shouldn't be happening. and that's not right. one of the things that they've been kicking around is this idea, if we get this out of, we are going to pack the court. of course, joe biden and kamala harris haven't said anything and don't want to tip their hand, but do you think that would happen if they won? that they would do that? >> well, you know, the concern is that what is popular political sound bites can become a movement if you round on the issue and voters expect you to deliver, and various democratic members, and kamala harris, herself, suggested that this was a real option. and it is a curious way to honor the legacy of ruth bader ginsburg because she spoke vehemently against this type of proposal. she said it would effectively destroy the court. and it would, you know, for almost 30 years, i have proposed the expansion of the supreme court, but that is over th

still seven senators yet to go and the nominee herself we will hear from, and we just heard from jonathan turleyand chris wallace, trey gowdy involved in that as well. jonathan, o i will let you respd to chris wallace. you were talking among other things about republicans and then being challenged by democrats on intentions over aca in all this, the hypocrisy of republicans stopping a nomination back in 2016. i'll let you proceed. >> well what concerns me is that this is becoming a sort of milk carton hearing with all of these pictures surrounding the nominee. and the members making arguments of policy, saying how important the aca is. at the same time, they are accusing her of being overtly political. those are not consistent positions, they are arguing for the policy and benefits of the aca to a future justice is not supposed to consider her decision on policy, she just looks at whether law is constitutional or legal in every respect. where chris and i disagreed is yes, the aca was struck down by the lower court judge. but the vetting of most legal experts is that at least two conservative jus

the lead opinion in usa today from jonathan turley, "nominating barrett is not court packing.esponding to some criticisms of republicans, he writes, "filling a vacancy is not court packing under any possible definition, otherwise anytime you disagree court seven nomination -- guest: that is nothing but a word game. court packing, call the court stealing. i would rather call it that anyway. you are taking a seat from somebody who should be making combination. let's talk about the fact of what is happening and the fact that congress and the president have the power to decide how many justices there are all of the supreme court. so if we get away from the slogans and get down to the specifics, then the real issue is before us. host: we are joining you this arning from wisconsin, snapshot of real clear politics, their average showing joe biden ahead by six points. what is your on the ground look about how things are shaping up for the democratic nominee? >> i have made transition, running a nonprofit. when i'm proud of that -- i am proud of that. that means i am not a pundit anymo

jonathan turley talking about that dick durbin exchanges well, he called that one of the most substantive moments of the entire hearing, will get to them just a moment. >> we will go around the horn and give everybody a bite of the apple, bret baier, martha maccallum, chris wallace, first to bret baiebret.>> i think that ts going pretty well for judge barrett. she is obviously a very accomplished judge, someone who knows her brief very well. as you reference, bill, and the exteriors with senator john cornyn, she said we have all these exchange and notes, can you just hold up that pad and it was a blank pad. it doesn't say anything, it just says u.s. senate on the top. she's getting very detailed in her answers on specific cases without any notes and senator, you mentioned that george floyd moment that came from senator dick durbin's question were she talked about the emotion. she has two black children and she cried with her daughter dealing with the impact of seeing the george floyd video. listen, democrats are definitely hitting their marks on the cases but it is notable that they start

joining us live top of the hour on strategy to win over undecided voters in pennsylvania, plus, jonathan turleytonight. what joe biden is now saying about the court packing and the economy, a key issue for 2020, larry kudlow will join us in moments. join trace and me at the top of the hour. ♪ brian: in just 8 days, highly contentious elections will be decided, we hope. the police department preparing for post election protests as many americans will likely refuse to accept results. in new book, my next guest outlines strategist, decorated veteran jacko, before we get your book, congratulations and your podcast. if you're a police officer, get me into the mind set of what's coming to him or her way in the next coming days? >> respect to law enforcement officers and it's hardest job in the world, i've done ride-alongs with police officers, it's a hard job. you're facing what can potentially be a riot scenario, mob rule and that's what police do, they prepare for these things and the thing that's scariest about when a mob gets going like this. in a mob what it does it removes -- brian: i know. >>

meanwhile, speaking of legal experts, jonathan turley on with us yesterday said this about what he observed early proceedings. >> well it, walls a curious scene. we are not used to having all of these blown up pictures around the nominee. and it was a bit, in my view inappropriate because the suggestion was that these are going to be the victims of the nominee and that you know, portrayed her like some type of serial killer. these are the people going to lose all of their healthcare. they're not relevant to this nominee. because the case that they are talking about is very unlikely to result in the entire act being struck down. two, at least two of the conservative justices are expected to vote in favor of preserving the rest of the act. >> brian: today they will have to ask her direct questions although they will be aiming at president trump and talking about obamacare. steve, they are going to try to get her to take positions on major cases that could be coming down the pike. especially roe v. wade. and she is going to go out of her way to say that's not my job to tell new advance about a

bret baier, martha maccallum, jonathan turley and chris wallace. bret, to you first on what we're about to see on capitol hill. lindsey graham has entered the room. today is the big vote that goes through committee and on to the senate tomorrow. >> there is not a lot of surprise here what will happen. republicans have the numbers on the committee and why he is the chairman. the surprise is that democrats are not showing up. and that's different. it's a boycott that is making a statement but it is not going to make a difference as far as amy coney barrett making it to the floor and getting a full vote in the senate. this, you know, it's just a visual picture of how divided this country is and this nominee and how it was handled for the democrats, this is the way they are expressing it. >> sandra: bret. thank you. >> bill: executive business meeting. martha, your reaction? things are hot today? >> indeed they are. it's a very big day. tonight is the final presidential debate. president trump will go in there sinking in the polls across the country. w

constitutional law attorney jonathan turley joins us now.was your takeaway from what we just heard? >> it's rather alarming because it's almost a form of enablement by commission. what vice president biden is referring to are a series of proposals put out by professors to fundamentally change the supreme court and some of them are quite whacky. you are talking about proposals that would in one case this has been put forward by pete buttigieg, just go ahead and select five democrats for the court, five republicans and then five sort of transient or temporary justices. that's the type of proposal that is being batted around in addition to court packing. and recently a harvard professor said the quiet part out loud. he told his readers that they don't have to worry about the republicans retaliating with their own court packing scheme because it would also change the political system and guarantee the republicans won't win another election. he said that's the reason we have to change the court so they don't strike down those changes. it is perfe