justice kavanaugh: okay. now suppose the record does not have what justice kagan posited, the record as it is in 99.99 percent of the cases is youth is raised by the defense counsel, and the sentencing judge either says nothing, just imposes the sentence without explaining anything about youth, or just discusses youth but says ultimately still going to stick with life without parole. so, in that circumstance, is that enough? mr. heytens: yes. and the reason is because, as we explain in our brief -- justice kavanaugh: how do we know -- and this is the tough part of the case for me, it's right on this -- how do we know in that circumstance that the sentencing judge separated the incorrigible from the -- i'm using these phrases as shorthand -- mr. heytens: sure. justice kavanaugh: -- the mere -- the merely immature? mr. heytens: i think the best way we know that is because, as our brief and the state's brief explains, in every single state that has a discretionary sentencing scheme, the sentencer is specifically

he had to get kavanaugh confird fast.ow, thow, words of mcconnell, "you will rue the day," back in the bork fht? those equally applied to him if he lost hhe kavanaugh fight, because the mocrats, if they controlled the senate after this elec on, he wou wue the day of what he'd done in garland. >> narrator: mcconnell lnched a counteunttack.e >>enmocrats and their allies are arying to destroy a man's personal and professional lifen the basis of decades-o allegations... >> nartor: bork. thomas. nokavanaugh.fi tht for the court had become personal. mcconnell blamed the democrats. >> democrats wouldn't let a few inconvenient things get between them and a good smear. it's despicable. >> he's never faced a fight like this. he nev faced one where he could go, go down like this. and it was right there on the zor'edge. ♪ >> just moments away now from the historic testimony of christine blasey ford before the senate. >> dr. ford has arrived here on capitol hill to testify in >> it will certainly be an historic day on capitol hill. >>

toomey. >> narrator: brett kavanaugh was confirmed. >> mr.ur friends in the united states senate, on th sides, created at environment. m warner. >> and now we have to ve with it. >> ms. warren. >> and the proem is, we can't. >> mr. whitehouse. >> and the biggest tragedy is that we are now hopelessly divided on the last thing that used to unite us, which is our judial system. now there's nothing that pulls us together.no ing. >> narrator: kanaugh, gorsuch, thomas, alito, roberts-- the t deralist society and mitch mcconnell now dominate thet. supreme co >> you talk about the warren court or the burger court or the roberts court, we're living in the era of the mcconnell court now because he did what he did. and it very well could be the mcconnell court for several decades to come. >> clarence thomas doesn't want to ser on the high court anymore. >> clarence thomas comfortable retiring now, and there's a couple of others... >> surgeons today removed two malignant nodules frremefrfr court justice ruth bruer ginsburg's left lung. >> the 85 year old

host: do you think congress should overturn brett kavanaugh -- impeach brett kavanaugh? guest: i do. we had a rally yesterday to mark the one-year anniversary of his confirmation. there is a lot of basis for reopening an investigation into brett kavanaugh, but the main argument i would make is we never had the full investigation that we ought to have had before he was confirmed in the first place. thatact that he is there, he was confirmed, makes him an illegitimate justice considering that congress, the senate purposely did not seek out documents from his time working in the white house that may have shed light on his views on these hot button issues and also we now know, based on the new york times report, the fbi was so constrained and how it did the follow-up background check that it was not allowed to do interviews of corroborating witnesses that could have corroborated the accounts of accusers like deborah ramirez. our call on the house democrats, who now have the power of the gavel on the house side, is to do the fact-finding. do the investigation that the senate

you are talking about the kavanaugh hearings, and the senate did not flip after the kavanaugh hearings. guest: no, but you did see a huge backlash among suburban college-educated women based on that hearing. it just so happens that the constituency was not well represented in the states that happened to have senate races in 2018, but in a lot of house districts, the backlash contributed to the gender groep -- gap in candidates for the house. i think you will see in 2020 that that voting constituency is going to loom large in states like colorado, where cory gardner is on the ballot, and a place like arizona, where martha mcsally is on the ballot, and in maine. in 2016, the republicans had the upper hand when it came to mobilizing voters based on the supreme court as an issue. exit polls showed that among those issues that said the supreme -- voters that said the supreme court was a top issue, donald trump one them -- won them by 15 points. that is the asymmetry my group hopes to correct. republicans have been mobilizing evangelical voters based on the roe v. wade decision. there has be

hearing an entire session because now you have brett kavanaugh on the bench as well. >> yeah, this is the first full term for the supreme court now that it has a new conservative majority. like you said, a lot of folks are going to be watching two new justices, brett kavanaugh and neil gorsuch. there were protests in washington, d.c. calling for kavanaugh's impeachment for the one-year anniversary of his appointment to the high court. people are watching the chief justice, john roberts. he's essentially a swing vote. he sided with the liberal judges keeping a citizenship question off of the 2020 census. ruth bader ginsberg back after her battle with cancer. our producer inside the courtroom said she seems to be in good health and asked the first question. now there are questions of another justice, clarence thomas. he was not on the bench today. the court says he's home likely recovering from the flu.

what did we learn in kavanaugh? that they were coaching witnesses and they were piling on to try to create an impression that judge kavanaugh was a flawed human being. this is kavanaugh all over again the second whistleblower if there is one, are they within the intel community and what is it about the intel community and trump that is so off base here, and did schiff do with the whistleblower the first one what they did with kavanaugh witnesses coach them up? maria: well i think you make a lot of important points and i have to go back to one or two right now because first of all when you bring up brett kavanaugh, i actually had a similar thought last week when we learned that after adam schiff said he never spoken to the whistleblower, then we learned that no, actually that was not true that in fact the whistleblower contacted his committee first, and his staff or him did in fact meet, so why that? i mean was he coaching the whistleblower the way we learned later that the intel committee and adam schiff and the dem

the coverage of brett kavanaugh is something that i'm very proud of. when i report a story, it is about bringing out the truth. in this case, subsequent analysis by other publications including two "new york times" reporters who dug into this for a year and found deborah ramirez credible, one of the alleged victims that i wrote about. the consensus has come to understand that the individual careful pieces of reporting that i put out were there. , because it was newsworthy there was a high level of cooperation. that said, i want to know something about the media climate. there were dubious claims that i declined to report on that were out there in the context of that frenzied political flights of that confirmation. that is deeply disturbing to me. i was as troubled as all of the people that came to question the full body of reporting about brett kavanaugh. but the complicated case there was that the allegations were

a lot of people think kavanaugh is what kind of pushed republicans over the edge in 2018. everybody was kind of, even up until present day, two days before the election, was kind of thinking that democrats had a real shot at taking the government here -- governor of the seat here. -- governor's seat here, and that did not happen. i expect abortion plays a big part in that here, because the antiabortion people are very active in politics. they get their members out, especially when there is an abortion issue -- maybe not necessarily on the ballot, but being played out in politics. host: joanne is next from oregon, line for democrats. joanne, is that right?

remember diane feinstein with the charge against brett kavanaugh and set i put it in my desk drawer and forgot about it for a month and just so happened to bring it out on the cusp of the hearing so that brett kavanaugh and his allies could not prepare for the charges? same thing with adam schiff. he knew it was coming and didn't give anyone a heads up because he did not want to allow the president or the allies to see this was all about. it was a coordinated political attack. host: what do you think he should have done before the whistleblower process was complete? guest: if you are the chairman of the committee and a true whistleblower comes forward, why wouldn't you tell the republican ranking member? is a bipartisan committee. you immediately go to the minority and say we have this whistleblower statute or you look at the statute and see where the person is supposed to go with that, should it go to the fbi rig? ig?he fbi or the

of what i saw with brett kavanaugh. they tried to use that to discredit brett kavanaugh and thank goodness i was able to vote for him in judiciary committee and get him confirmed to the supreme court. that's what we are looking for, we aren't looking for the games that nancy pelosi is playing. the two pieces of information that we have are the transcript and whistle-blower complaint. they know it doesn't rise to the level of impeachment. that's a position i would take at this point in time. a-determiner >> shannon: there has been a lot of criticism that not a lot is getting done on the hill other than this impeachment stuff and you have a hearing now about sanctuary cities. i want to show you some reporting from north carolina where i used to work, they went through documents, according to new ice data obtained, nearly 500 documented immigrants across north carolina have been released despite a federal detainer including people charges with offenses, kidnapping, arson, and homicide.

>>> the anniversary of justice brett kavanaugh's confirmation calling for him to be removed today. >> they are fearful that brett kavanaugh took the seat of anthony kennedy is going to move the court to the right on some issues. >> republican presidents have nominated five to supreme court. the remaining four were nominated by democratic presidents. other topics include religious liberties and possibly the legality of obama care. >>> a murder mystery in dallas. a witness in the trial of amber geiger was shot in -- and killed. it was 10 days after he gave key testimony in the case. 27-year-old joshua brown suffered multiple gunshot wounds and was found dead in the parking lot of his apartment friday night. he is to live in the same apartment complex as geiger and her victim. it was september 28 human geiger said she mistakenly walked into his apartment and killed him. just last week brown told the

we are to reclaim the court and say again investigate brett kavanaugh. what will it take? >> we had a year to look into these, there are people doing this. no new information has come out that corroborates any of these allegations, these are people frustrated with the results of the vote, they were not able to block him and they want to go back and relitigate that or it is a attempt to continue to threaten brett kavanaugh and the other justices, people who may be on the shortlist saying you're not safe even once you're on the court and if you don't vote the way we want, he is a principled original constitutionalist. and just like christine ford's lawyer saying they want to put an asterisk next to his name. >> this court, we covered it, taking up the abortion case out of louisiana, they are saying that was why brett kavanaugh was put on the course, he is there to dismantle real the weight and that makes him -- >> they attacked him specifically for this reason. lawyer saying it is there to discredit any decision he makes on abortion. interesting that was a motivating factor.

what nadler does time and time again and they did in kavanaugh situation. i wanted to get ben rhodes to talk about iran deal. they said there's a separation of powers issue and i dropped it. i didn't issue a subpoena, the difference is cummings and nadler will issue a subpoena, see, they don't comply. they don't care because court date will come after, they will create a narrative, you will hear nadler and cummings, we issued 250 subpoenas, they never responded. most of them are wholly bogus and the court would laugh them out of there, the reason nadler became chairman of judiciary committee he went before his colleagues on the democratic side of the aisle and said i'm better suited to pursue impeachment. come with me i will do impeachment and that's how he beat out bill and became chairman of the committee and that's what he's doing, abusing power. >> one last question for me and we will shift, we will end on a positive note like you do in the book, what looking forward to rei, in this in. >> i want to lay out all of the bad, you come and listened to the m

host: do you think congress should overturn brett kavanaugh -- impeach brett kavanaugh? guest: i do. we had a rally yesterday to mark the one-year anniversary of his confirmation. there is a lot of basis for reopening an investigation into brett kavanaugh, but the main argument i would make is we never had the full investigation that we ought to have had before he was confirmed in the first place. thatact that he is there, he was confirmed, makes him an illegitimate justice considering that congress, the senate purposely did not seek out documents from his time working in the white house that may have shed light on his views on these hot button issues and also we now know, based on the new york times report, the fbi was so constrained and how it did the follow-up background check that it was not allowed to do interviews of corroborating witnesses that could have corroborated the accounts of accusers like deborah ramirez. our call on the house democrats, who now have the power of the gavel on the house side, is to do the fact-finding. do the investigation that the senate

whenur fighting didn't end brett kavanaugh put on a robe.e.ndour fighting won't until there is a real investigation and justitice for survivors. i still believe anita hill. [cheers] i still believe dr. christine ford. and i believe deborah ramirez. [cheers] pressley.t is ayanna chase strangio, if you could summarize brett kavanaugh's career in this last year, his judicial record on the supreme court and respond to the call for his impeachment. his first terms on the bench. this is his first full term on the bench. what strikes me as most important in this moment is that it is a reminder of the power that these nine human beings hold over our lives. he will be hearing a case tomorrow that is directly about sex discrimination in the workplace, including, i might note, sexual harassment in the workplace, sexual v violence in the workplace. so he has s the power, along wih his eight colleagues, to really decide what the law is going to permit, what it is going to require, and how we as human beings in this country are either going to be protected

and it's because of justice brett kavanaugh, the newest sworn-in justice.ay marks the one-year anniversary of kavanaugh's confirmation to the u.s. supreme court. >>> and today president trump continued his twitter attacks on republican senator mitt romney. the president is upset following a strong rebuke from the utah senator who sent this tweet saying by all appearances the president's brazen and unprecedented appeal to china and to ukraine to investigate joe biden is wrong and appalling. romney is one of the few republicans to criticize the president over his handling of ukraine and his call for china to investigate his political rival. this weekend several republicans came to the president's defense by attacking democrats, the media, and the credibility of the nation's top law enforcement and intelligence agencies. >> george, do you think he was serious thinking china was going to investigate the biden family? >> he said it right there in preliminary. >> i think he's getting -- i think senator rubio said he's getting the press all spun up about it. the p

justice kavanaugh: are all 48 unconstitutional? >> if they have the right and wrong -- justice -- justice kavanaugh: all 48 will constitutional. >> justice marshal's statement in powell is not limited in the way you suggest. it was categorical. he was joined by chief justice black and justice harlan. they were all wrong at that time. >> justice alito, it's not they were wrong. they were talking about a different scenario. a nonabolition case dealing with a test that is north of our standard. >> thank you, counsel. >> mr. chief justice, may it please the court. petitioner asks this court to define rule of insanity and to require the states to implement that rule in its criminal justice proceedings. but as this court indicated in powell, nearly 50 years ago, nothing would be less fruitful than for this court to select the rigid rule of constitutional law than insanity. that admonition rings as true today as it did 50 years ago. it's not deeply wroot rooted. ut right versus wrong test is recent vintage. the historical basis started so

it's a quest of sugar although in this case just in kavanaugh said he was innocent. the cultural moment we are living in so hard it's a moment we are the advent of social media you can say needful thing the someone can get away with it and this happened to christine was a ford, two brett kavanaugh, to ashley kavanaugh, deborah ramirez, many key players and their lawyers and people had bodyguards because they were worried about death threats and a lot of that comes from social media and the feeling anything that goes when it comes to language. i think the #metoo movement has been a galvanizing cultural event and at the time of the capital hearing the #metoo movement have been underway for a while and i think there was a backlash brewing that it was going too far in this notion of that believe all women was oversimplified and overlooking the investigation part of it that i was talking about and then you have a president who advocates taking tough stances and has talked about allegations of sexual misconduct and something you need to deny, deny, deny so it becomes hard

investigate kavanaugh. what's it going to take? with the next step?> had a year to look into these other people who are doing this. a recent book that came out for "the new york times" authors, no new information has come up that corroborates any of these allegations. what we are seeing here is people just frustrated with the results of the vote. they weren't able to block him and they want to go back and either relitigate that or really i think it's actually a side attempt to kind of continue to threaten both justice kavanaugh and the other justice of the court, people who maybe are on the short list. saying you're not safe even once or on the court and if you don't vote the way we want, and i think they are anticipating he won't be the justice they want because he is a principled originalist constitutionalist, then we are going to make your life miserable and they are trying to do that. just like the lawyer said, they want to put an asterisk next to his name. it's really worrisome. >> shannon: one of the things they are raising a lot of alarm about

while kavanaugh went on to gain blasey ford helped lend greatest two claims by victims of sexual violence. >> i applaud >> reporter: remarks lasted just a couple of minutes but she had the 1400 guests in attend. the keynote speaker blazed a trail that helped change the country. at nearly 90, onlookers say dolores huerta is still speaking truth to power and pointing up with the struggle now lives. >> we've always had these issues but now they are visible . now we can attack them very directly. >> reporter: in the 60s, huerta and cesar chavez let the right for farmworkers rights. half a century later she and others say education and institutionalize patriotism of about a groundsman statement everybody man or woman can make a difference. >> be courageous and strong. be yourself.stories of courage from trailblazers and whistleblowers will eventually end racism and empower the next generation of women leaders. and santa clara, jesse gary, ktvu fox 2 news. >>> the kincade fire has separated a lot of pets from the families pick a facebook page has been set up for people who lost their pets durin

coming up next, protesters mark one year since brett kavanaugh's nomination.o be impeached. to sending on the home of mitch mcconnell once again. >> how do you feel? about paying a visit? mitch mcconnell's house? [cheers and applause] ♪ which is the only egg good enough for my family? only eggland's best. with more farm-fresh taste, more vitamins, and 25% less saturated fat? only eggland's best. better taste, better nutrition, better eggs. so, you bought those "good enough" paper towels? [daughter laughs] not such a bargain. there's only one quicker picker upper. bounty, the quicker picker upper. hendless shrimp even hotter?s you bring back nashville hot! oh yeah - it's back. crispy shrimp... ...tossed in a spicy rub... ...and drizzled with sweet amber honey. more shrimp more ways. endless shrimp's just fifteen ninety nine. hurry in. here, hello! starts with -hi!mple... how can i help? a data plan for everyone. everyone? everyone. let's send to everyone! [ camera clicking ] wifi up there? -ahhh. sure, why not? how'd he get out?! a camera might figure it out. t

supreme court today, in fact, to protest kavanaugh and the conservative direction of the court.ight now this new term with cnn's aryan devos. the conservatives have cemented a majority, and we're seeing so many controversial cases now. what's kind of the landscape? >> well, you know, this upcoming term has these hot button issues. gun rights, immigration among them. and then just last friday they agreed to add the explosive issue of abortion, which will be heard this term. that means that president trump's two nominees, brett kavanaugh and neal gorsuch, this will be the first time they hear an abortion case on the high court. and, of course, all eyes will be on brett kavanaugh celebrating his first year on the court just today. and that's because this louisiana abortion law requires doctors to have admitting privileges at a local hospital. critics say it's not medically necessary, and they point out that it was just three years ago that this supreme court heard an almost identical law out of texas and struck that down. what was different then, fred? it was kennedy who sided with

what did we learn in kavanaugh? they which coaching witnesses and they were piling on to try to create an impression that judge kavanaugh was a flawed human being. >> yeah. >> this is kavanaugh all over again. >> jeffrey, your reaction? >> very interesting how a lot of republicans -- the one whose are talking and most are not talking, they are talking about the process. they are talking about, you know, the whistle-blowers. they are talking about, you know, hearsay evidence. what they are not talking about is the substance. you don't hear them saying well, it's just fine to ask the government of ukraine to investigate your political enemies. it's just fine to ask the government of china as the president said at the end of last week to investigate your enemie enemies. they are talking about adam schiff and hearsay evidence and talking about whistle-blowers coming out late. they are not talking about the substance because they don't want to talk about the substance. >> final thought? >> i agree. >> okay. [ laughter ]

provided to one of the senators who ended up as part of the kavanaugh inquiry well in advance of therges becoming public. the same thing happen with the whistleblower contacting adam schiff's committee and adam schiff's office before making a complete. >> correct, we also have representative shif shift in the washington post even for pinocchio. >> right. >> and now saying that his staff did talk to the whistleblower but he did not personally talk about those issues. and we have something would just as kavanaugh when you have the feinstein staff and no clarity with that and what the timing was and things like that. >> there is a lot of muddy nest in washington on a very serious investigation. >> of course, these investigations, i do understand senator graham comparison but i think we see this a lot with a different investigation. it always seems to be the something comes out in more witnesses to come forward and even though there are similarities, i don't know if it's completely out of the norm for how it is going. >> democrats do not want to submit an impeachment vote to the full hou

now, the president may be counting on his last nominee for the supreme court, justice brett kavanaughter all, during his confirmation hearings, it was revealed that at a panel about ten years ago, kavanaugh suggested that perhaps u.s. v. nixon -- that's the case where the supreme court held that nixon had to comply with the subpoena and hand over the now infamous tapes because no one is above the law -- that case. he suggested that case may have been wrongly decided. here's what he actually said. maybe nixon was wrongly decided, heresy though it is to say so. nixon took away the power of the prt to control information in the executive branch by holding that the courts had power and jurisdiction to order the president to disclose information in response to a subpoena sought by a subordinate executive branch official. if the president were to defy an order, it would be a case coming from congress, which is a co-equal branch, not a subordinate in the executive branch. and by the way, if the president is relying on kavanaugh for comfort, he may want to take a listen to kavanaugh's views o

but this is the first abortion case that will be argued since justices brett kavanaugh new courses have joined the bench. the court will likely hear oral arguments in the case early next year. microsoft says hackers linked to the iranian government tried to attack the 2020 us presidential campaign. >>microsoft's as a group called phosphorus attempted to hack the campaign between august and september. they apparently failed the microsoft isn't saying which campaign was targeted. the democratic national committee sent a security alert to 2020

all eyes will be on kavanaugh there because kavanaugh took the seat of justice anthony kennedy, thatday is the one year anniversary of kavanaugh's confirmation but that abortion case comes out of louisiana. it requires doctors to have admitting privileges at a local hospital. critics say that it's not medically necessary. and that it's just meant to make it harder for women to get an abortion but the state says, look, it's a reasonable regulation. we want to look out for women in that case. what is interesting about it is these big cases, as you said, lgbt rights, immigration, they are all going to be decided in the coming months and they are going to be decided in the heat of the presidential election. and there chief justice john roberts, he is now starting his 15th term on the bench. he has worked so hard to keep the court out of the political fray. but these kind of cases, these are just the kind of cases that do divide this court down its familiar ideal logical gilines. he says we don't work in a political manner. another thing looming for him. if the impeachment proceedings con

. >> kavanaugh, remember kavanaugh? it started with one complaint that wound up being unverifiable about a party that took place in high school about 30 years ago without any notice of where it happened or when it happened, and everybody described to be there said it didn't happen. and five more allegations came after that. what did we learn in kavanaugh, that they were coaching witnesses and they were piling onto try to create an impression that judge kavanaugh was a flawed human being. this is kavanaugh all over again. >> congresswoman lee, what is your response to that? >> well, i hope one day in the next few weeks that the republicans and the united states congress will rise to the level of being patriots and care takers of the constitution and the people of this country as opposed to being partisans. and using the bully pulpit of their majority in the senate to castigate and disregard truth. frankly, this administration has become a chief bully and they are bullying the constitution but the constitution cannot be b

supreme court justice brett kavanaugh in his confirmation hearing all coming up at 5:25. >>> an enormous fight has been sparked between two big high tech leaders. we'll take a look at that. >> ready to hit the street for trick-or-treating? top halloween costumes this year. you don't want to miss this one. you're watching "today in the bay." tv just keeps getting better. how you watch it does too. this is xfinity x1. featuring the emmy award-winning voice remote. streaming services without changing passwords and input. live sports - with real-time stats and scores. access to the most 4k content. and your movies and shows to go. the best tv experience is the best tv value. xfinity x1. simple. easy. awesome. xfinity. the future of awesome. >>> right now as you head out this morning it's a very chilly start. a live look outside from palo alto. we're seeing even colder temperatures to the north going throughout the day we all warm up into the upper 60s and low 70s. a really nice halloween forecast. we'll talk about what's ahead coming up in less than five minutes. >>> a nice drive. we're look

you saw what they did with kavanaugh and now you see this ukrainian call which was perfect.hing wrong with this phone call. in fact, the president has an obligation to route out corruption all around the world and he did a perfect job in that phone call. rob: i suspect you don't think it was a perfect phone call. i want to get your response as to what you think the members that are in these dangerous districts should do with this. >> absolutely. good morning. yes, i absolutely totally disagree with what he just said. first off, it was not a perfect call. let's look at the transcript with trump and the ukraine be president and there's three key take-aways we need to look at. number one, trump stated that the u.s. has been very good to ukraine and ukraine hasn't been good to the u.s. number two, trump asked for a favor. number three, trump asked that the president look and investigation -- rob: he asked for a favor talking about the origins of the russia probe. >> he was talking about the dnc hacking, talking about the mueller investigation, not talking about the corruption wi

the president may be counting on justice brett kavanaugh. afterall, during his conformation hearings, from a panel about ten years ago kavanaugh suggested that maybe u.s. v nixon where they ruled he had to hand thoev inif foreign ministers tapes because no one is above the law? that case. he suggested that case may have been wrongly decided. maybe nixon was wrongly decided. took away power in the executive branch by holding the court had power and jurisdiction to order the president to disclose information in response to a subpoena by a subordinate executive branch official. a subordinate in his own branch. we don't have that here. if the president were to defy an order, it would be a dace that would be coming from congress, which is a coequal branch, not suboeredina su subordinate. and he may want to take a listen to kavanaugh's views of the independence of the judiciary. >> no one is above the law unour constitutional system. federalist 69, hamilton makes clear all the ways the executive branch was designed by the framers of the constituti

>> i think they do, justice kavanaugh. >> how? >> i think in a couple ways. when you talk about how reasonable the reliance is from the state, i think it's, perhaps, justifiable to look at the origins of the law that it's defending. i also think more directly if you're asking whether justice powell's 14th amendment reasoning should stand, he didn't even consider this history. i'm not sure it was put in front of the court and as the court has said many other times like in mcdonald, like in pena rodriguez, reading provisions of the bill of right against the states through the 14th amendment, history and purpose of the 14th amendment is a salient -- >> you really want to make that argument? you made a big deal of it in your brief. i thought you -- i thought you would abandon it here today, but if another state were to enact the same statute that louisiana has tomorrow, and did it for all of the legitimate policy reasons that have led such entities as the american bar association and the american lie institute and lots of reputable scholars and the framers of the

the democrats will be saying look what president trump did, kavanaugh will still be an issue.do? >> they like to say they're only looking at the law, they're only looking at precedent, but they're so aware of the political overlay. and you remember what chief j justice roberts' mantra is, it's not about the election, but in the middle it will be exceptionally hard. five justices on the conservative side control the majority. but all conservatives are not created equally on this court. you have clarence thomas and neknee neil gorsuch on the far right and brett kavanaugh in the middle and we'll see how he goes. >> thank you for joining us on "inside politics." brianna keilar starts right now. have a great afternoon. >>> i'm brianna keilar live from cnn's washington headquarters. underway right now, as a second whistleblower comes forward, republicans are using the jokr r defense to shield the president from the inevitable. rick perry fighting back after the president throws him under the bus. >>> and if the president is impeached, his chief of staff is reportedly projecting that

on sunday, protesters marked kavanaugh's one-year anniversary. kavanaugh has always denied the allegations that came out during his process. liberals are upset because he took the seat of justice kennedy. and all eyes on chief justice john roberts. he's been trying to keep the court out of the political fray. but many of the cases will come down as the election gears up. >> thanks so much. >>> a stunning shift in u.s. policy with syria. the white house announcing that u.s. tr troops will leave syria. that's despite u.s. officials saying that should not happen. the latest on the ground, next. what are you doing back there, junior? since we're obviously lost, i'm rescheduling my xfinity customer service appointment. ah, relax. i got this. which gps are you using anyway? a little something called instinct. been using it for years. yeah, that's what i'm afraid of. he knows exactly where we're going. my whole body is a compass. oh boy... the my account app makes today's xfinity customer service simple, easy, awesome. not my thing. >>> 4:21 eastern tim

, supreme justice kavanaugh. i think her and i agree with justice kavanaugh that foreign actors, they don't have freedom of speech protections in the united states of he shalling ma. -- states of america. but the sad fact if this bill ere to pass into law, it would do nothing to affect the bad ctors who interfered in our 2016 elections. nothing. our bill, the honest elections act, would. will positively affect those bad actors and we will make sure accountable. if this bill passes, i believe the majority party would give speech participation to those bad actors. so, mr. chair, i do want to take the time right now to yield three minutes to the are, my ished gentleman good friend from the state of california, mr. calvert. the chair: the gentleman from calvert, is mr. recognized. mr. calvert: i thank the gentleman. i thank the speaker. bill under consideration is an attempt to protect our lections from foreign interference. that's the goal that i certainly share and i think all of us share. offer an tried to amendme

justice on trial, the kavanaugh confirmation in the future of the supreme court. at the supreme court for justice thomas. megan brown handles regulatory issues. she represents companies and associations including the u.s. chamber on first amendment issues. her pro bono practice focuses on the first amendment. howe is the author of scotus blog. the indispensable website for those who care about the court. she is a reporter for her own yhowe.com. she is the only person i know in the supreme court press room who has argued two cases there. we have a real panel of experts. they're going to break down some of the issues that are before the court. we're going to start with bob. he will talk to us about the second amendment. >> yes. the court has before it one of -- actually the first meaningful second amendment case that has -- it has been asked to consider since mcdonald which incorporated the right to bear arms against the state. in 2016t did consider -- briefly considered by pure -- in the case of caetano. which dealt with whether or not stun guns might be protected

a lot of people think kavanaugh is what kind of pushed republicans over the edge in 2018.dy was kind of, even up until present day, two days before the election, was kind of thinking that democrats had a real shot at taking the government here -- governor of the seat here. -- governor's seat here, and that did not happen. i expect abortion plays a big part in that here, because the antiabortion people are very active in politics. they get their members out, especially when there is an abortion issue -- maybe not necessarily on the ballot, but being played out in politics. host: joanne is next from oregon, line for democrats. joanne, is that right? boring, oregon is where you are from? caller: no, portland, oregon. host: ok, go ahead. caller: thanks for letting us have our opinion. this question is kind of for the last guest you had on, maybe i can get another question too. what happens if we do away with our checks and balances in our government and we have a president that doesn't comply with the house as a watchman for our democracy, and denies them and stonewalls the ho

the fight over justice brett kavanaugh still simmering more than a year later.wer republican senators want from the doj as democrats talk about removing him from the bench. ♪ every american wants their dollars to work as hard as they do. however, since 2000, the buying power of the dollar has dropped by over 31% - that means the dollar is only worth about 68¢ now compared to 2000. had you owned gold, your value would have increased over 400% and owning gold is easy... with rosland capital - a trusted leader in helping people acquire precious metals. gold bullion, lady liberty gold and silver proofs, and our premium coins, can help you preserve your wealth. call rosland capital at 800-630-8900 to receive your free rosland guide to gold, gold & precious metals ira and silver brochures. with rosland, there are no hassles, no gimmicks, and we have the fastest shipping around. dollar down. gold up. pretty clear. make gold your new standard. call rosland capital today at 800-630-8900. 800-630-8900. that's 800-630-8900. wwithout it, i cannot write myl tremors wouldname

experiences as women how you emotionally dealt with the information you are receiving after the kavanaugh hearings i couldn't breathe for three weeks being victims of sexual harassment or assault many people have so what is it like for you as women to live through this quick. >> we have a firm rule we never discussed what has or has not happened to us personally. we want to be a blank slate to the women we talk to want to be seen as doing our jobs it is a very unique relationship. we are not they are friends we are a journalist to bring the stories to light so when you do that work you try to be very steady because victims want to feel compassion but they are in steady hands i would not want to speak to a reporter who was falling apart or an emotional mess obviously we had a lot of reactions and feelings that we held them in reserve and that's what so valuable to have each other as partners because we can be very professional and then call each other and say oh my gosh. >> we trade off on the emotions i do well then she struggles and then we could help each other behind the scenes. >> in

and when that didn't pan out, they briefly tried to talk about impeaching justice kavanaugh of the supreme court. and over the last ten days, we're back to talking impeachment. i think the people of america are saying enough is enough. i mean, people of this country want us to focus on issues that matter most to them. these endless investigations should end in washington, d.c., and speaker pelosi and the democrats ought to be focusing on issues of security, of prosperi prosperity, infrastructure, the usmca, lowering drug prices. whatever they want to fight about in washington, d.c., i promise you president trump and i will keep fighting for the issues that matter to the american people. >> what was your biggest takeaway? >> my biggest takeaway is how proud the hispanic community is here in this country. when you look at the growth of this conspiracy that's happened since 2016 in the state of arizona and you understand the role that hispanic americans have played in that, it was a real cause for celebration today. and we're going to take this whole month, this spanish heritage month, to tal

she testified then supreme court nominee brett kavanaugh sexually assaulted her when they were both teenagers. >> i was focused on telling the u.s. senate what had happened to me. i simply thought that it was my duty as a citizen and that anyone in my position would do the same thing. >> the keynote speaker of the event was the 89-year-old labor and human rights activist, who encouraged all women in the audience to vote and pursue leadership positions to help fight against discrimination. >>> it is halloween. you've probably seen pictures on your facebook or twitter feed. friend across the nation, their kids are wearing coats over their costume. >> across the east it is raining so we can really not complain. we'll see a nice evening across the bay area. a few drifts of smoke, major issue for air quality. it is all clear right now. walnut creek. we, at times, see the smoke coming in. this shows you the upper level wind pattern and where we are seeing it drifting in. where we see the darkest -- brightest blue color shows much of the smoke blowing off the coast. in the past 24 hours we've also s

>>kavanaugh on the bench. the court is now considered solidly conservative which both sides agree to change the legal outcome in washington, i'm just eaten or. >>the death toll rises we have the latest numbers on vaisey related deaths, teen who was recently hospitalized from a thing really crazy that a lot some people here today have helped. still ahead we're going to show you how a nonprofit is battling homelessness by giving at risk use. >>their own spaces in tiny homes and next at 6.30 get ready bay. >>we wait. break down what you can expect and the van gogh. to harrison, the wine collection. to craig, this rock. i leave these things to my heirs, all 39 million of you, on one condition. that you do everything to preserve and protect them. with love, california.

anniversary of justice brett kavanaugh's confirmation calling for him to be removed. >>they are fearful that brett kavanaugh who took the seat of anthony kennedy is going to move the court to the right on issues republican presidents have nominated find to the supreme court including justice neil gorsuch. >>our job is just to make sure the wall you that we the people. >>to our democratic processes. >>the remaining 4 were nominated by democratic presidents, including justice ruth bader ginsburg. >>i love my. the mess and the hardest job ever had. >>i'm john lawrence reporting. >>well coming up next on the kron 4 morning news friends and family are coming together to honor a teen killed in the shooting how they're remembering him and who's in custody for his death. and 3 teens to have been arrested in connection to a shooting that force a district-wide changes to football games, we'll have that latest development and sections of westbound 37 in the boleto know to get around this backup coming up. here's a live look outside at 92. it's our busiest bridge right now traffi

kavanaugh, kavanaugh, kavanaugh. now we have credible allegations against the lieutenant governor virginia monwealth of about rape and violent sexual assault. not one i believer. care about russian interference. they didn't give a damn about illary clinton's bought and paid for russian dossier full of lies. [applause] sean: that was used in the 2016 ehex. hey don care that hillary clinton, if any of you ever have anything subpoenaed, i'm going give you advice, acid wash your hard drive with bleach pit, hen bust up your devices with hammers and remove the sim cards. good luck to you. is use unless your name clinton you're going to jail. nd then you've got the dirty russian discy air that was never verified, unverifiable, because guy that put it together, interrocker steele, in an tore, said i don't know if it's true. have the outsourcing of our allies to to circumvent american law. here's what i'm going to say to you. i have down here the transcript. phone call with the president of the ukraine. he only corruption i s

interesting you point out kavanaugh.ve just one year ago as of just a couple days ago. >> absolutely. >> one of graham's biggest arguments against this whistle-blower complaint you point out is hearsay's we know the transcript backs that out. and much of the key in evidence bill clinton's impeachment trial was from linda tripp, wait for it, was relaying information she heard from monica lewinsky. >> right. also, lindsey graham has said this is a setup. so going back to linda tripp, what was that? when she secretly tape recorded monica lewinsky pouring her heart out to her night after night on these phone calls about bill clinton? the president of the united states. was that a setup? and was lindsey graham defending that? at that particular time? yes, he was. and so, you know, you can also make the point, and i will, that this is not hearsay. the inspector general was so upset about it that -- >> he rebuked. >> came out and rebuked all of those people who say it was a setup, and that you don't need firsthand information,

if it's not the russia investigation or what we saw with brett kavanaugh and ukraine, the intent is toegitimize him or harm his presidency and that's what we've seen from the left and the media. you ask yourself why the media and the left are uninterested in following any storyline regarding foreign interference unless they can weaponize it against president trump. for instance the new york times noted not too long ago that the dossier was likely russian information. if we have the federal government with the fbi using this information that was purchased by hillary clinton and the dnc to obtain a pfizer warrant on donald trump and his campaign team, you would think that would be something we would want to get to the bottom of with russian interference but they're not interested in that. further, in 2008 they noted that the head of the national anticorruption bureau releasing the damaging information for paul manna ford who broke the law and it resulted in the meddling of the election process of the united states in 2016 and damage to the national interest of ukraine. this is the ukrain