you have thomas hardman, raymond from and mike lee from utah.nks he will be the easiest one to get confirmed. the easiest name. >> it does certain make sense politically and i think the president has been smart politically up to this point in getting gorsuch confirmed an working with federalist society and i also seen list that has brother of lee. the list that the president has includes 25 people. politically can democrats not find someone that they can live with and i think that the president perhaps has met with the democrats and said, frik this list that i published someone you can live with so he can get the justice confirmed. cheryl: certainly, michael hopkins, whoever is nominated and takes the seat this would be the most conservative bench that we have seen in decades. i want to listen to what leonard who, of course, is advising president trump said about the process and in particular where we are, listen. >> the left has been using the roe v. wade and 30 years later nothing has happened to roe v. wade. the abortion issue is really much

mike lee? he's on the short list? joins us in a fox news at night -- pastor robert jeffers with the swing vote gone, evangelicals are energized after recent rulings favoring conservatives and another key supreme court decision overshadowed by justice kennedy's announcement stripping public-sector unions of their power to force nonmembers to pay union fees. the lead plaintiff in the historic case is here live. welcome to fox news at night. the president fresh off a campaign rally in north dakota pushing for supreme court justice. >> we have a pick, we have to pick a great one, we have to pick one it's going to be there for 40 years, 45 years. >> team coverage tonight, kevin court in fargo where donald trump finished a wild rally, trace gallagher following the media meltdown but we begin with chief national correspondent ed henry with the political fallout of justice kennedy's retirement announcement. how nasty is this battle shaping up to be on the hill? >> a big midterm election, already the biggest of our lifetime an

>> i think the single best choice the president could make is senator mike lee. i think he would be extraordinary. if you look back at republican nominations to the court, democrats have batted only 1000. republicans at best bat 500. half of the nominees for republican president have turned in to train wrecks, have turned into liberal activists the best choice for president trump for mike lee, i know beyond a shadow of a doubt that mike lee would be faithful to the constitution and bill of rights. he won evolve and turn. he will honor his commitment -- >> dana: senator, i have to let you go. shepard will take over. i'm dana. >> shepard: thanks so much. breaking news, anthony kennedy, the swing vote on the supreme court is retiring, setting the stage for a fierce battle over the highest court in the land. i'm shepard smith in new york. the 81-year-old announced his stepping down after 30 years on the bench. president ronald reagan appointed him. he actually wanted a more conservative appointee. he couldn't make it happen at the time. since justice kennedy, who the

could it be senator mike lee? he is on the short-list but does he want the job? he joins us in a "fox news @ night" exclusive. plus pastor robert jeffress will weigh in with a key swing vote gone, evangelicals are energized especially after justice gorsuch and recent rulings favoring conservatives. another key supreme court decision overshadowed by justice kennedy's announcement. stripping public-sector unions of their power to force nonmembers to pay union fees. the lead plaintiff in that historic case, mark gannon, it's your life. hello and welcome to "fox news @ night." i am shannon bream in washington. the president fresh off a campaign rally in north dakota is pushing for a supreme court justice who can go the distance. >> we have a pick to come up. we have to pick a great one. we have to pick someone who is going to be there for 40, 45 years. >> shannon: we have team coverage. kevin corke standing by in fargo where president trump just finished up a wild rally. trace gallagher following the media's meltdown. we begin with chief national correspondent ed hen

one senator on the list, senator, your colleague mike lee. how do you feel about that? >> i think he would be a great pick. i would hate to lose him in the senate. he and i are allies are so many things. constitutional war powers, criminal justice reform. personal privacy. all of these issues mike lee has been there with me. i would hate to lose him from the senate. he's a very thoughtful guy. well-read, well-spoken and knows the law better than anybody i've ever met. would be a great pick. i'd be of divided loyalties because we need him in the senate. >> neil: it would be convoluted, too. he would have to leave the senate and then obviously the governor of that state would replace him. that would be confusing. do you think that there's any one on that list that could surprise folks because some people look on the conservative side and said we have been disappointed before. they used the souter example and how anthony kennedy could go from swing to an important vote. what do you think? >> i don't know anybody on the list. but i know that neil gorsuch is amazing. i read

senator mike lee, other prominent federal judges.e hear from democrats today saying absolutely they're going to hold the line into everything they can to try to block this vote until after the midterms. a lot of the pressure that justice kennedy got to go ahead and step down was coming from across the street in the senate where there were senators privately telling them we don't know that we can be sure were going to hold on to the senate for they were concerned about what happened to their party if that was the case. but now with this filibuster gone on supreme court justice votes, they need 51. they know they have it now. they will have to keep all the republicans together to get someone on that bench and in this seat before the midterms. it sounds like him as he said, senate majority leader mitch mcconnell plans to do that. >> dana: shannon bream, thank you. interesting things about justice kennedy, kimberly, he went to the white house today earlier commitment with president trump privately before any announcement was made. gentle

joining me is the author utah senator mike lee.t did you make of the supreme court ruling in favor of that baker? >> i thought it was the right outcome as seven of the nine. any time religious hostility and action taken against someone's exercise of the religious belief you have a problem. >> sandra: it did not address the broader issue on whether businesses like his can deny services based on religion. you expect that down the road to be addressed? >> it seems like it is more likely to come up. it w have been better if they addressed the broader question. and the opinion offered by justice gor sich and alito addressed it head-on and that will be what we see from the supreme court. >> sandra: i have to ask you about the president saying i have the absolute right to pardon myself and why would i? i did nothing wrong. and this is after routedy guiliani said the president said probably does have the power to pardon himself. >> if i were president of the united states and i had a lawyer that told me i could pardon myself. i would hire

of a doubt that mike lee would be faithful to the constitution and bill of rights. he won evolve and turn. he will honor his commitment -- >> dana: senator, i have to let you go. shepard will take over. i'm dana. >> shepard: thanks so much. breaking news, anthony kennedy, the swing vote on the supreme court is retiring, setting the stage for a fierce battle over the highest court in the land. i'm shepard smith in new york. the 81-year-old announced his stepping down after 30 years on the bench. president ronald reagan appointed him. he actually wanted a more conservative appointee. he couldn't make it happen at the time. since justice kennedy, who the "wall street journal" describes as a maverick conservative, has been a swing vote. the decider between liberals and conservatives. "swing vote", a term he hated. he said cases swing, i don't. but still he was the swing vote on campaign finance, voting rights and more. as our corporate cousins report this afternoon, on the conservative side of the ledger, justice kennedy was part of the majorities that loosened campaign

this is one group and the other group is that the dissidents are not welcomed well this is very and mike lee said they there is there are political prisoners and i think dissidents who do not agree with the policy they cannot really speak their mind so they also leave their country in order not to be put in jail so i think these if these two problems lose and so to say by now this open politics of the if you open side it might encourage every train site to follow a similar path i would hope so just very briefly ten seconds so do you think eritrea will become less repressive than it is at the moment well the reason for being repressive are now loosening so i think we it is the first step even in the right direction and i hope at the end there will be peace and stability and good neighborliness. i thank you so very much a president of the german african foundation for weighing in with the feeling come . as the world cup for our at the world cup i should say on monday teams in a group be faced off with everything still at stake and up for grabs for to go spend an iran all have a chance of advan

coming up, senator mike lee of utah, one of the most conservative members of the senate, talked aboutd conservative principles. that's next. this is bloomberg. ♪ shery: welcome back. some of america's founding were centralizers. men like alexander hamilton and john adams. they were vigorously opposed by those who feared the central government. mike lee focuses on his figures in the written out of history book, the forgotten founders who fought the government. >> i love that story because it really is the story of america. 1744 at indian chief inis a conference in albany. he taught the gym and franklin about how the iroquois nation ey continued to govern themselves locally, operating as one nation for the purposes of defending themselves . it worked and it worked well and franklin eventually saw this as a potential model for american the time ofwhich by the constitutional convention it became. >> many people don't think of the native american influence on founding fathers, which is something that this book gets at . a lot of people were written out of history who had a lot of influence

. >> sean: you like mike lee? >> mike lee is the best choice. that's my opinion.hink he would be outstanding. >> sean: he is brilliant. a great choice. mark, life, liberty and levin every sunday night on cable at 10 eastern. i am the guest and he beats me up this sunday watch. dave and geraldo rivera next. ♪ come fly with me ♪ let's fly, let's fly away ♪ ♪ just say the words ♪ and we'll beat the birds down to acapulco bay ♪ ♪ it's perfect for a flying honeymoon they say ♪ ♪ come fly with me ♪ let's fly, let's fly away ♪ ♪ come fly with me ♪ let's fly, let's fly away ♪ >> ♪ >> extremists and democrats politicians called for the complete elimination of ice. we don't want ice anymore. do you know what would happen to parts of our counterry? it will be over-run with the worst criminal element you have ever seen. >> sean: that was the president last night in north dakota hammering democrats for their destruction of ice. former secret agent dan and fox news correspondent at large. geraldo rivera. for details on the shooter. let me read this to you. i wear glass. they do

>> shannon: aside from mike lee, everyone else has records on the judiciary. have people who have served on the state supreme courts like john larson and david stross, both of them were on state supreme courts and now on federal courts. don willet, same thing in the texas supreme court. you have people who had experience in district courts as well like melissa parr, and then people who spent years at like brett cavanaugh in the d.c. circuit. lots of extremes and administrative law and one of the longer records of the judges. so these are some of the stars of the federal and state judiciaries. i think any one of them would be an amazing replacement for justice kennedy. >> tucker: brett cavanaugh is an impressive guy, for sure. thank you for that overview, i appreciate it. one of the top democrats in the house of representatives, and fact that a man who many thought would succeed at nancy pelosi as speaker of the house should democrats win in the fall lost his primary last night. he is congressman joe crowley and he was widely expected to be house speaker and ex

mike lee, cavanaugh, a former candy clerk who currently sits as a judge on the u.s. court of appeals for washington dc, and amy connie baer, a former notre dame professor, who served as a clerk for the late supreme court justice. minority leader nancy pelosi says the stakes of kennedy's departure cannot be higher. >> republicans now have the opportunity to erase a generaf for women's rights, lg b ghts, workers rights and healthcare.>> our republican colleagues in the senate should follow the role they set in 2016 , not to cons year. >> reporter: democrats are still angry that republicans blocked president. obama's supreme court nominee before the 2016 election, on the grounds that voters should have a say and want the same deal now. she tweeted, for months away from an election there should be no election for a supreme court nominee until the american people have a say. mcconnell said that the senate when he denied judge garland hearing for nearly a year. the senate should follow the mcconnell standard now. nate ma mcconnell says the situation is much different. >> w

it's always easier to get senators through, although mike lee is solidly conservative.ll these people have already been vetted. usually when we get a nomination, it takes a while to get them vetted. these have been vetted by the federalist society. they're all solid conservatives. >> the president wants to move quickly. he wants this done by the midterm elections. mitch mcconnell wants it done as well. thank you very much for that report. >>> let's go to capitol hill right now where republicans and democrats already are clashing over jis tustice kennedy's replacement even before the president has named a nominee. phil, democrats say republicans will be hypocrites if they hold a confirmation vote before the midterm election, right. >> reporter: that's right, wolf. one name, merit garland still ringing in the ears of democrats from 2016. the supreme court nominee of president obama was not even granted a hearing because mitch mcconnell citing what he called the biden rule said in an election year he couldn't have that. well, democrats are now saying that's fair play. then

and then mike lee is a wild card. he's not a judge. he's a senator. would it help in this kind of environment to have a senator be put forward. >>> >> so that is the list. it will change. as of this morning, they thought brett kavanaugh was at the top. >> and mike lee would consider it and let's see if the president going forward on that front. but as you point out, justice kennedy was the key vote on abortion right, same-sex marriage, affirmative action. if a new more conservative justice sits on the court, what happens to those critically important issues? >> the death penalty is another. making it easier to execute people. limiting or prohibiting universities from considering race in admissions. allowing restaurants, bakeries, hotel owners to say, you know what, we have religious occasions to serving gay people so you can't take your business here. those are the kinds of issues where kennedy voted with the left. he usually voted with the right. but on issues of individual rights, certainly affirmative action and on gay rights, those precedents are

and we know some of the names on that list, one is senator mike lee of utah. another is thomas hardiman, that is someone who came down to the final few finalists when gorsuch was being elected. as well as amy barrett. so more than two dozen names that the white house will be considering. and you heard the president saying he wants to do it as soon as possible. >> thank you from the white house. a former clerk of justice kennedy is with us. mr. solicitor general, thank you for joining me. what is your reaction to this piece of news? >> thank you for having me on. working for justice kennedy was one of the great honors of my life. obviously it is sad to see his great career come to an end, but he certainly earned it. he is one of the longest serving justices in recent memory and the retirement that he announced today is very well earned. >> what does his legacy look like to you? >> i think that he will be remembered as an ardent defender of individual liberties and the constitutional protections. especially his broad based defense of the first amendment. he will

there is another dark horse candidate that president trump has talked about and that is mike lee. the president have not privately discussed the matter. back on the subject of possible interviews this weekend, something that will not be on the table for discussion, roe v. wade. the president making clear to reporters that he would not be discussing with these potential nominees their personal stance on abortion. listen to more from president trump on air force one yesterday. >> are you looking for somebody who would overturn roe v. wade? >> well, you know, it's a -- it's a great group of intellectual talent, but we really, you know, they are generally conservative. i'm not going to ask them that question, by the way. but it is a group of very highly talented, very brilliant mostly conservative judges. i won't be discussing that because i think it is inappropriate to discuss. so i won't be discussing that. >> the president also saying that he will not discuss with these possible candidates their position on lgbt issues. plenty though for them to discuss otherwise. >> the president

the president talked about senator mike lee. he was rather effusive about the senator earlier today. he's known as a very strict constitutional conservative and also opposed to abortion rights. one thing we should note about all these candidates, they are in their late 40s or early 50s, and so they are checking boxes for this white house, checking boxes for this president who has said on air force one he doesn't want to ask these candidates about this. the white house are going to get a list of contenders opposed to roe v. wade. you can take that to the bank. keep in mind, they are very mindful they want a justice, the president said during the campaign he wants justice who will overturn row e v. wade. >> i think there's reason to believe it will bring the country closer to a decision. what else did the president talk about? >> he talked about john kelly, the white house chief of staff. there's been renewed conversation this week john kelly may be out soon. he's coming up on one year of joining the white house. here's what the p

senator mike lee -- i'm sorry, this is pat toomey, he issing go to be cosponsoring mike lee's bill toeign in the executive brachl's power to impose unilateral tariffs like these. why is this what woke them up? >> it is the traditional disagreement the president and the republicans have had dating back to the campaign. >> this is the agreement? >> it is simpler. look at the people making those statements. it's about their jobs. this is where they get to say i'm going to stand up because my constituents will vote for me later down the road. >> it's still -- >> it is not out of principle. >> what kind of impact is that actually going off? not any. my point is they have voice these concerns and the president goes ahead with it anyway. again, what is the political consequence. >> their vote. their vote. if they hold it against the president when he is trying to get something passed, that's their only chip. >> they are trying to protect the economy. they believe that protectionism hurts the economy. i think they are right about that, by the way. but that is an indirect way of saying i want

i've been told by you and others that senator mike lee is a front run arer. >> mike lee is a slam dunkecause he is a sitting member of the senate. but listen, the senate has rejected its the own john to be secretary of defense. but it is never rejected its own for a judicial position. >> if you were nominated do you think he gets in? >> yes, and he would be brilliant he was justice -- his father and chief lawyer before the supreme court -- he's been steeped into constitutional law since he was ten years old he's small government, keep the federal government within the confines of the constitution. and he's maximum individual liberties exactly what -- and pro-life is exactly what donald trump has been saying he would nominate. >> judge amy -- she's a fellow notre dame person with me -- this is very interesting, the president just appointed her from the notre dame law school faculty to the united states court of a peels to 7th circuit in chicago. senator dianne feinstein said to her judge barrett when had she was professor barrett you might be too catholic to be a judge. to which a lot o

i'm nng to object to rand paul, mike lee, or t anmendment or people on the other side of the aisle having an amendment. i'm kiss a -- disappointed that we've had one amendment vote in the year and a half because the sa cycle e time somebody wants to bring something up. i in no way take this out on my friend from oklahoma. i realize he is doing a job. i realize he has been asked to block this, and with that, i d floor. the presiding officer: the senator from south dakota. mr. rounds: mr. president, thank you. in listening to this debate, and i wish this debate could go on in the united states senate. i think it's healthy. i wish there was a process in place so thatvery single amendment could have this kind of discussion and debate and those proposals could be amended on the floor to approve them. i will share with you that i thought what our friend from tennessee was trying to do was an honest attempt to pri back to congress -- bring back to congress section 1 or article 1 responsibilities that we have over a period of years allowed or delegated to the executive branch. i also shared with

one of those on list is mike lee. who you sit on a committee with. >> i think mike lee is whip smart. he slerked for the u.s. supreme court. he is a student of the law. he is straight up. he's fair. i think he would be a great justice. i'm not saying that the president will pick him. i don't have any idea. but your question was, and i agree with it, that the president needs to, within reason take his time, consider all different opinions. but there is some man or women out there, probably several men or woman who would be a good justice. we can only go with one. but let's saddle up and ride. let's do this. i don't want to have it just wait around until people can figure out the politics. some of the experts are already telling us politically what we ought to do. these happen to be experts who have never run for an office in their entire natural lives and they are always wrong. >> you have seen how brutal these fights can be. >> this one is going to be brutal. >> that was my question. do you think this is the thing we

you mentioned mike lee. hands down the best choice donald trump could make would be mike lee.ain. let's not take a chance. let me mention two other names the president would be well advised to consider, number one, us solicitor gen. who just argued and won the travel ban case in front of the supreme court would make a phenomenal justice and fifth circuit appellate judge jim ho, came as an immigrant from taiwan, was a clerk for justice clarence thomas, the first ever asian american justice on the court, all three of them, mike lee, jim ho would make extraordinary justices. >> no one knows more about the need to get something done on immigration being a texas senator than you. now we understand the house failed miserably, embarrassingly, 121-300 one in the last attempt to get something to you in the senate. being the military bases accommodate 12,000 migrant families, the coast guard is losing money that is going towards the border. where is the solution when it comes to immigration, the urgency when it comes to getting an answer and why do we have to lean on the defense budget?

sanders in voting against the military spending bill were try and find seeing kristen gillibrand mike lee merkley jeff merkley rand paul elizabeth warren and ron wyatt so you know a lot of democrats obviously but at the end of the day it's like you can put legislation. and should have been put legislation in place to curtail this kind of spending or say you know what like we do with other things that if you are going to have this in the budget every year must have a cost of living pay raise if you're making amends are you don't pay your soldiers the same amount of money when they're sitting at home as when they're getting shot at right and then you don't come back and go well we kept quiet for the money to fix the v.a. but we can't find someone to fix the v.a. that's exactly right there's a great it is and it's when you see these like massive numbers and then your mind merely goes like will who are the people that say this is ok who are the people that like a line up and say hey let's spend more money on nuclear weapons let's do this i mean just a member of a few of them look a lot of the

there's been discussion about senator mike lee.ut those are the -- the first five i mentioned are generally the ones we've been looking at. but we'll have to wait and see until the president makes his announcement in coming weeks. >> judge straws up in minnesota. justice willett, now judge willett in texas. there are a lot of great new judges on the federal court. how important is it that there be a record? there are federal court opinions about federal law and federal jurisdictional issues, especially the administrative state. how much does that matter to the president, more importantly dan mcgahn and the white house counsel's office? >> the records always matter. in another way the records will also matter is during the confirmation hearing when senators will be scrutinizing the record and opponents of who whomever the president nominates will gear up opposition toward that. a lot of the outside groups have already been building -- basically opposition files on these judicial nominees and seeing even the five discussed are disqua

in voting against the military spending bill were dianne feinstein kristen gillibrand paul harris mike lee merkley jeff merkley rand paul elizabeth warren and ron wyatt so you know a lot of democrats obviously but at the end of the day it's like you can put legislation. and should have been put legislation in place to curtail this kind of spending or say you know what like we do with other things that if you are going to have this in the budget every year must have a cost of living pay raise if you're making amends are you don't pay your soldiers the same amount of money when they're sitting at home as when they're getting shot at right and then you don't come back and go well we can't quite find the money to fix the v.a. well we can't find someone to fix the v.a. that's exactly right that's exactly it it is and it's when you see these like massive numbers and then your mind immediately goes like will who are the people that say this is ok who are the people that like a line up and say hey let's spend more money on nuclear weapons let's do this i mean just a name a few of them look a lot o

they could see somebody like senator mike lee born in 1871 mckinley became a justice david strasser 1974the justice so that he got his legacy for decades to come. >> i can't see them being on the court for 40 years, 45 years. gorsuch is 50. senator leahy, we need his vote you double be a critical vote coming up in the confirmation hearing. good candidate and they are all on the screen. david bruno, thank you for a match. >> have a great day. gerri: u2. truth or president trump attend the groundbreaking ceremony in wisconsin. the company that makes iphone scrapple will be sending $10 billion over four years. the factories expect you to create about 13,000 jobs in wisconsin. fox business will bring you that live at 1:25 p.m. eastern. join us for that. >> the bush justice department given the green light to buy the fox entertainment assets for more than $71 billion. the doj says they must first sell 22 regional sports no perks are justice officials conclude the deal that would drive up fuel prices for programs. gerri: meanwhile, "the wall street journal" reports that comcast competing with

mike lee, some being touted as frontrunners, whoever it is, mitch mcconnell says he would like to see a vote soon. >> the senate stands ready to fulfill its constitutional role. we will vote to confirm justice kennedy's successor this fall. >> reporter: democrats want to hold mcconnell to the same standard he applied in 2016 when he refused to bring obama's pick merrick garland to the floor. >> our republican colleagues in the senate should follow the they set in 2016 not to consider a supreme court justice in an election year. >> reporter: the impact of justice kennedy's role cannot be overstated voting just this week, the majority 5-4 on the travel ban and public-sector unions, leave behind a legacy as a champion on abortion and gay rights. and your summer plans a very heated and contentious confirmation battle. rob: we will dive deeper into it in 10 minutes. thank you so much. you heard donald trump letting loose in north dakota during the energetic rally. the president hitting a number of issues from repeated calls for harassment on republicans to tighter border security. >> democ

and manu raju was told utah's mike lee was raising concern about the lack of votes and senator lindseyham jumped in and we're told later apologized for his tone. and we all know the story of how and why you left congress early. so what's happening in the republican party? >> well, what's happened is before donald trump, the republican party had litmus test issues and tased on principles or ideals. certainly free trade is one of those ideals and you were judged by that. if you weren't sufficiently pure, some would call you a rhino or a squish and we had purity police out there and now those people are confounded. more recently the litmus test is loyalty to the president. and it's really not about any particular set of ideals. that's what we're dealing with right now because the president of course, whether you like him or not, he's not particularly idea logical, he's very pragmatic and some would say tra transitional. so we're in a bad place now. >> you heard corker say twice it's a cult-like party. would you say it's a fair assessment? >> i would not use a term like cult. >> you would?

republican senator mike lee of utah is also on that list. there are two people on the list, the final list, for the supreme court running that ended up going to neil course such -- gorsich, so, those are people who are considered to be top of the list. our sources are saying, eliana, that the brett cavanagh is someone that that the president is looking at it very closely. >> live in washington for us, thank you. for more on justice kennedy, and the battle that will loom over his successor, i am joined with addie, thank you for being here. let's start with the justice kennedy's legacy, what will he be remembered for? >> this retirement will include things that he might have known -- a been known for, before the big decisions today and yesterday. probably, mostly as a swing vote, or the person regarded as eccentric in many supreme court battles. >> in a majority of the cases, he cited with more conservative justices. he was an appointee of president ronald reagan, but, it is his liberal decisions, on social issues, that he will most be remembe

first up, mike lee. he's not only a lawyer. he's a member of the senate judiciary committee and the author of the book written out of history. that is available in paperback and a perfect summer read. welcome back to the show, senator. so you have worked in the supreme court. your name has been floated as a possible nominee to become an associate justice. you tell me. does the president have the absolute power to pardon himself? >> i'm not aware of anything in the constitution that says he doesn't have that power. just because he could doesn't mean he should. it's clear he shouldn't and it would and big mistake politically to do so. kennedy: everyone on his team echoed what you said, it would be a bad idea. i think the president knows that, so why brit up in the first place? >> they like to talk about it. i think it's a moot point because i don't think he's ever going to do that. it would and bad political move for him and he knows that. kennedy: it's one of those issues that hasn't been pushed to its limit we don't know the fu

for more on this, lloyd mathis and then brought in by a row for senator mike lee.in campaign direct her. good morning. not sure if either of you select. you both live for these night warnings. first, but talk about what happened in the governor's race. this wasn't exactly the blue wave because a republican is going up against gavin newsom. l.n' make it. what do you think of the first race? >> it's exactly what gavin newsom wanted to be honest. we are up for the fight. i'm kind of glad they've got the top two systems. i think that is fair and we are ready. the numbers are there. it'll all come down to her turns out to vote. with donald trump having lost by 4 min votes in california, he got quite the edge, but good for republicans because having a republican on the ballot is going to really help protect the seven seas they are trying to hang onto. business executive said that is one story. let's move to what happened with dianne feinstein. she had a clear-cut path to the draco vista will never see her on the ballot come november. when it comes to house races besought

you got utah senator, mike lee. court of appeals, judge thomas hornman.close runner up to gosh such last time. will he actually chose a woman? i want to bring in leonard leo, the representative of the federalist society. you'll hear a lot about the federalist society good and bad. so, leonard, defend the process a little bit. you heard jeffrey toobin there saying, you will know what these judges would do on roe v. wade, but we will not in the public because they will be coached up to say nothing just like we see in every confirmation process. fair criticism? >> people have been saying for 36 years, going all the way back to 1982, with the nomination of sandra o'connor that roe v. wade would be overturned. so -- >> clarence thomas who during his confirmation years basically saying, i never really thought about roe vchl wade before, then got on the bench and had definite ideas. continue. >> people thought sarah other connor would overturn roe vchl wade and she didn't. i think there's a little bit of hysteria right now. i hope the confirmation covers a wide

they put out a list during the campaign and have updated it since then, it's conservatives, senator mike lees on there and made clear that's where the pick will come from. they view the xwstgorsuch appointment, as well as the judicial nominees as a real achievement of this white house, and something that is very motivating for republican voters. >> i think this is where control of the senate is so important t democrats were able to take back the senate, i think we can be pretty sure they would move no supreme court nomination. >> in two years. >> i 100% believe that. that's why the republicans are going, what's going to happen? although the chances right now are -- >> at the moment, at the moment. justices calling for that lunch, we're here. >>> when we come back, house republicans vote on a bill they know they won't pass, even despite a vote of approval from the president. i'm only in my 60's. i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance pla [ male announcer ]

you got utah senator, mike lee. court of appeals, judge thomas hornman. i got him in there last.close runner up to gosh such last time. there's six women on the original list. will he actually chose a woman? i want to bring in leonard leo, the representative of the federalist society. you'll hear a lot about the federalist society good and bad. so, leonard, defend the process a little bit. you heard jeffrey toobin there saying, you will know what these judges would do on roe v. wade, but we will not in the public because they will be coached up to say nothing just like we see in every confirmation process. fair criticism? >> people have been saying for 36 years, going all the way back to 1982, with the nomination of sandra o'connor that roe v. wade would be overturned. so -- 36 years later one of out of nine justices on the court said he would over turn row v wade. thomas. >> clarence thomas who during his confirmation years basically saying, i never really thought about roe v. wade before, then got on the bench and had definite ideas. continue. >> people thought sarah other conn

further, there is a dark horse candidate that the president talked about, that is utah senator mike leeexpressed interest in the role and the president acknowledged hearing about that interest yesterday though a spokesperson for the senator told cnn that he has not spoken directly to president trump about this. again the president said that he would be potentially interviewing with possible nominees this weekend here in bedminster. i asked the white house whether hose meetings had already taken place if there was any information that he could offer, they have yet to response. >> keep us posted. thank you. we're continuing to watch coast to coast immigration protests all across america today. >> it is easy to imagine that i would hope that if it was my family being torn apart, if it was my brother being arbitrarily criminalized, if it was my sister being banned, then someone would stand up for me and my family. the day after chemo might mean a trip back to the doctor's office just for a shot. but why go back there when you can stay home with neulasta onpro? strong chemo can put you at ri

list they published and a list that includes several well-known figures including utah senator, mike lee. also brett cavanaugh, someone who clerked for kennedy. but also tom hardeman. someone who really came through for the administration in a big way in recent days, after the supreme court, the president's travel ban. so certainly big news for the white house. there's a sense of elation inside now that they know they're going to have another chance to pick a supreme court nominee. but of course, erin, we are setting ourselves up for what could be a very bitter partisan showdown on capitol hill. the white house eluded to as much in their statement on kennedy's requirement when they noted he was confirmed quickly and without opposition. >> thank you very much. and now, let's go to former federal prosecutor, former clerk and david gergen, former adviser to four presidents. david, let me start with you. the republicans can barely contain their excitement. yesterday, there was no retirement, they didn't know. now all of a sudden, kennedy says he's going to retire. john cornyn smiling, say ii

mike lee? he's on the short list? joins us in a fox news at night -- pastor robert j

liz: we want to take you to capitol hill at this hour, senator mike lee of utah is currently questioning justice department inspector general michael horowitz along with fbi director christopher wray. michael horowitz is the one on your right speaking at the moment both are appearing before the senate judiciary committee testifying on the bombshell report on how the fbi handled or mishandled the investigation of hillary clinton's e-mail server. edward lawrence is on capitol hill. edward this thing is supposed to go on for a while right? what is the committee focused on so far? >> it has been a lot of question about this bias within the report. fireworks started right from the beginning but this is more a lecture from the senators to an fbi director using that information that was in the inspector general's report and the committee of the chairman senator chuck grassley says the clinton e-mail investigation was handled differently than the russia probe. listen. >> the justice department faces a serious credibility problem because millions of americans suspect that there is a double standa

. >> i would support that, if the president is watching, mike lee is your best choice.uld be absolutely outstanding. >> sean: he's brilliant. i think it be a great choice. "life, liberty, levin," sunday night, the number one troll on n cable, i am the guest, he beats me up. i hope you'll watch ray dan bongino, geraldo rivera, next. ♪ ♪ and we'll beat the birds down to acapulco bay ♪ ♪ it's perfect for a flying honeymoon they say ♪ ♪ come fly with me ♪ let's fly, let's fly away ♪ ♪ come fly with me ♪ let's fly, let's fly away ♪ and we got to know the friends of our friends.r the friends. and we found others just like us. and just like that we felt a little less alone. but then something happened. we had to deal with spam, fake news, and data misuse. that's going to change. from now on, facebook will do more to keep you safe and protect your privacy. because when this place does what it was built for, then we all get a little closer. >> ♪ ♪ >> extremist democrat politicians have called for the complete elimination of i.c.e. we don't want to i.c.e. anymore. you know what w

mike lee, 47, thomas hardiman, 52.ill be a conversation not only in the supreme court, but in both courts. >> they are very quiet behind the scenes that we're not even privy to, although my colleagues pointed out some of them in today's paper. this administration has been laying the groundwork for another nomination and confirmation site. they've made steps to try to persuade anthony kennedy that now would be the time to retire. and when that happened they were very much prepared for a quick process to try to get this person through. no matter who it is, whether it's someone on that list or somebody not on that list, there's no question it's going to change the koccomplexion of court in the way president trump has talked about wanting to do. >>> we'll take a break while we wait for the president of the united states. this is about the tax reform that the president signed six months ago and he'll also talk about the maryland shooting. let's listen to the president. >> thank you very much, everybody. [ applause ] >> than

could it be senator mike lee? he is on the short-list but does he want the job?in a "fox news @ night" exclusive. plus pastor robert jeffress will weigh in with a key swing vote gone, eva

republican mike lee the senator from utah, all of these possible picks staunchly conservative and notablyry young, meaning they would remain on this court for a generation. amy coney bar ret, just 46 years old. >> wow. >> they'd be in the court for a long time . justice kennedy was 81. >>> moments from now deputy attorney general and the fbi director set to face a grilling from lawmakers about their handling of the 2016 election. we'll bring it to you live and moments away from the opening bell on wall street. futures now down about 100 points. of course these trade concerns continue. we're watching it. ♪ introducing e*trade personalized investments professionally managed portfolios customized to help meet your financial goals. you'll know what you're invested in and how it's performing. so you can spend more time floating about on your inflatable swan. [ding] oh, look... another anti-wrinkle cream in no hurry to make anything happen. neutrogena® rapid wrinkle repair® works in just one week. with the fastest retinol formula available. it's clinically proven to work on fine lines and wrink