tv Anderson Cooper 360 CNN July 9, 2018 11:00pm-12:00am PDT
>> director clapper, thank you for your time. appreciate it. >> thank you, don. that's it for us. our coverage continues now with andersen cooper in washington. one vote may change after 45 years. tonight it is my honor and privilege to announce that i will nominate judge brett kavanaugh to the united states supreme court.
served on ken starr's investigation of clinton. and before all of that. he clerked for the justice. chose in off to succeed. a point he mentioned first in his remarks tonight. mr. president, i am grateful to you, and i'm humbled by your confidence in me. 30 years ago, president reagan nominated anthony kennedy to the supreme court. the framers established that the constitution is designed to secure the blessings of liberty. justice kennedy devoted his career to securing liberty. i am deeply honored to be nominated to fill his seat on the supreme court.
judge kavanaugh does not have a paper trail to speak of on marriage rights. on the record if a president should be shielded from criminal litigation until they leave office. he has the written that, they should. that, that, could of course been consequential. in any event. as you saw at the top his nomination sparked protests already. already lobbying is under way by the white house to overcome it. the target. wavering republicans and red state democrats. phil mattingly. what's the react they're getting so far.
they will align with chuck schumer. what it comes down to right now is five senators. two republicans, senator susan collins, who are, key on abortion rights. three democratic senators, all whom volt ford neil gorsuch. in tight re-election battles. they will be key in the week as head. anderson they will be the senators to keep the close eye out for. they will be the senators who will decide if judge kavanaugh becomes justice kavanaugh over the course of the next couple months.
>> it will be a process of, eight, nine weeks. start tomorrow. and, the vice president will join, kavanaugh with first meetings with senators. closed door meetings may be crucial to how senators end up deciding where they're going. and, the committee holding a hearing. if all 50 republicans vote in support of the nomination. it will be confirmed. if one or two start to peel off, that's where the red state democrats become extremely key. you mentioned key issue here i am told democrats are keeping a
close eye on. lengthy p y paper trail from kavanaugh's time in the bush administration. expect democrats to key on that. and anything else, health care, abortion rights. two, use they want to talk about. two issues they want to bring to the forefront. while they recognize, andersen on their own they can't block the pick. their belief when you talk to top schumer al lies their hope is that they can drive some type of grassroots reaction to this, to help not only keep their red state democrats unified, with the rest of the caucus, but also peel off at least one of the possible republicans to come to their side. >> all right, phil, thank you very much. upcoming confirmation hearings, closely watched. not just from the left. also from conservatives. many whom has an opportunity to revisit. supreme court decisions on range of cultural issues.
>> is some one who i think overall is, is certainly qualified for the job. i think there were concerns from some one, frankly on the right. that, you know, the record on some of the issues that you talked about. hasn't really been out there. and, and that you know, the fact that he its -- such a long term d.c. type of person. that's, that's raised concerns across the country. he is a creature of washington probably from the right the biggest, biggest draw bag in his nomination at this point. >> and, judge hardiman, you talked to people in the administration, capitol hill, leading to the nomination. before gorsuch was nominated. you have known hardiman for 25 years. any reaction from him tonight? >> look, i mean, i talked to
tom, just after, after i got off the show here. about an hour ago. and you know he, he -- this morning when he got the call. he said, look, let me help. brett will be great. great justice. he'll do whatever he can to be supportive of him. he is a very, very bright man. the area of the administration, made the decision, the president really wants to go after the administration, administrative state. that's really important issue to him. important to his base. and there is probably no one has a bigger record on that. certainly been as aggressive on that as judge kavanaugh. i think he is, itching for a fight.
sure, discussed here. that to me is, is really part of -- of, of why the president picked judge kavanaugh to make sure that we had some one who was going to be able to really focus the, the nomination, on those issues. maybe not some of the other issue that you talked about earlier. >> i the mean, obviously. you know better than anyone. how contentious the senate confirmation can be. is kavanaugh going to face tougher confirmation battle than others would? because as you said, because of the sheer volume of documents from the 12 years he had on u.s. court of appeals for d.c. circu circuit? >> yeah, yeah, it's not really as much. i don't think as much as his body of work in the d.c. circuit. there is literally millions of
pages of documents they have to review. that's sort of the -- you know, the question. is there something out there. that's, that's, the only thing is just a volume of things that, that, judge kavanaugh has been involved with. is something that, that, should, should cause a little concern. but again. not saying there is something out. just saying that's something that, that people have to be concerned about. >> senator santorum. i want to bring in, david axelrod. >> i do.
in debates with hillary clinton. i will appoint justices that will volt to overturn roe v. wade. he will appoint pro right justices. i think that's what he has done. he has two of them. i think this nomination is more consequential than gorsuch nomination. he is replacing anthony kennedy who voted in favor of abortion rights. voted in favor of same-sex marriage. voted in favor of affirmative action. i think all of those things are out the window now. i think, elections have consequences. and this consequence is going to be enormous. >> what about the implications for the mueller investigation? >> i think one of the really remarkable things about -- judge kavanaugh is that he has expressed not that on many, many subjects he has been circumspect. on this one he hasn't. the president should be shielded from investigation. that they should be shielded from questioning.
they should be shielded from having to produce documents. of course shielded from being indict the. i don't think donald trump is much of a legal scholar. but i bet that law review article he wrote on the subject jumped out at the president. i like that. >> want to put that up on the screen. and ask jim about it. though the lesser burdens of a criminal investigation including preparing for questioning, criminal investigators are time consuming and distracting. >> i've could add one point. he didn't say that when he was investigating bill clinton. when he was investigating bill clinton. he didn't care about how, busy, bill clinton was. so i think there is a, there is a -- there is a creepiness about the timing there too. >> creepingness or creepiness. >> creepy. creepy.
>> the president, sitting as president. new reports that mueller, agrees. with the legal counsel member. this is not something new. and i think the fact that, that judge kavanaugh you know, has that opinion is not, you know, he has been through it. he understands it. i think there is a very. >> weird he has been on it through the other side. during the investigation. >> no, i dent thidon't think it weird. you learn from your experience. make the observations in the whack of wh wake of what he worked on under starr. don't find it surprising or intriguing. matter of this investigation is taking its course. and it is going to run its course. the investigation is on going. the investigation is not going to stop. >> you know there is a question,
and, michael zelden raised this earlier in the evening. whether judge kavanaugh would have to recuse himself. he has written about this. should trump, the special counsel muellercide he has a subpoena. subpoena the president. >> you know. but, you know, exactly. twee shou this is going on currently. >> proeptd heappropriate here. >> on this issue of subpoenas. i think you are right. mueller, there is a wide, widely held belief that he might just, issue a report. leave it up to the house to decide what to do. there is this question about whether he can compel the president to testify. and what, what implications are there in kavanaugh's words on that issue. >> that is the key issue.
the fact he wrote he shouldn't be questioned. >> in civil litigation as well. >> exactly. this isn't just academic. this is pending. this is, it's not definite that it is going to happen. but certainly could. and when i say it, i mean, that there differences in a potential interview between trump and his legal team. and robert mueller. and, as a result, robert mueller decides, okay. i need, need your testimony. i am going to subpoena you. it will have fast track to the supreme court. depending on the timing. kavanaugh will be. >> senator, do you see this having an impact on the investigation? >> no, actually i don't. i mean, i think this idea that you write a law review article and have to recuse yourself, or he shouldn't be able to rule on things is absurd. he's not been directly involved in this investigation. and either side of it. so, you know, i, i, actually agree with, with the position that judge kavanaugh has taken. and i think, frankly, believe
most of the court would too. i think david axelrod happening to a democrat president, others would feel the same way. the president needs to be removed from these types of games played, you see this going on. in several states. people are indicted who are in public office, just all political. and the president can't be bogged down with things like that. there is a place for this to be handle. through the impeachment process. >> david? >> i mean, look there is an impeachment process. there is no indication that this congress would ever act on that. when you are saying there is no recour recourse. and there is no way to compel testimony. and you can't indict. and it is up to the house. and the house, is in the thrall of the president, this house has been. you are essentially crippling any, any attempt to move forward. in the investigation. >> that's not true. david, there is all sorts. you can't interview the president. you can interview everybody
else. can't interview the president. the idea that you will not conduct an investigation without interviewing the president. that's simply not true. most cases there is all sorts of people interviewed before the main person is even brought, brought into the whole scene. so, i just don't buy that. richard nixon wasn't interviewed. and he was brought down. why? because of all the people around him that gave testimony. there is plenty of opportunity for political mischief, by special prosecutor without having to talk to the president or subpoena him. >> should have contemplated all of this. by way of impeachment, the rule of the game dictated by founders of our -- >> if you are trying to get intent. don't you have to interview the -- >> absolutely. let's not forget the supreme court has dealt with this question. at least, i mean, indirectly. in clinton v jones. paula jones case. the supreme court said, we don't care how busy bill clinton its. he has to give a deposition in
the paula jones case. historically the courts have the been more solicitous. you would think the logic is the president would have to give grand jury testimony as well. so, you know, it's not like we are writing on a blank slate here. kavanaugh's position as joultd lined in that law review article is much more solicitous. >> kavanaugh's position is donald trump's lawyer's position. period. they have been saying all along from day one the that you shouldn't be bothering the president with awful this right now. some of this can be taken care of. civil suits. done after, after, he leaves office. etc. and by the way, they don't believe -- that mueller, they're betting that mueller is not actually going to try and subpoena the president. whether this affects mueller's decision. don't forget one thing, the president has said that he wants to testify. we have got to take a break.
more about the stakes involved and politics of the confirmation process. of course midterm elect,s as well. also more breaking new. even if the white house asked for more time to reunify migrant families, the judge says no to detaining children for longer than 20 days. the details ahead. what could be a serious legal blow to the administration on that. say goodbye to the one-size-fits-all family unlimited plan. starting now, everyone gets the plan they want, without paying for things they don't want. mom gets the unlimited she needs, dad gets the unlimited he needs, the kids get the unlimited they need. it's big news from verizon. (shoes squeaking) (scattered applause) wow. all this for us? yeah, and every other family in america. i think the kowalskis are next. (vo) one family, different unlimited plans. starting at $40 per line. switch now and get $300 off our best phones all on the network you deserve.
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protesters for and against gathered outside the court before the announcement. i spoke about it with former planned parenthood president. who took exception to the vetting process. >> i don't think so. he obviously sort of contracted out this whole process. it's the most political process i've ever seen for a supreme court nomination and said very clearly, gave the federalist society they want a judge that would overturn roe. this is a right that women have had in this country for more than 40 years. and i think that's why women in this country are concerned. i think you'll see mobilization all across america. we already saw it the day after the inauguration, but women are deeply concerned that this president is committing to eroding rights to health care access, birth control access and safe and legal abortion.
>> the sliver of a chance the won't go through bkecomes a sliver. they continue to energize the democratic base. not that it, that it doesn't seem to need much more energizing than it does. than it has the. but they will take what they can get. because -- the goal in november is -- uh t is to tato take back the senate. that is a difficult thing for, for, the senate to really focus on. and the democrats. in particular. because the -- you have these red state democrats. three of them in particular voted for, neil gorsuch. who are in huge trump states. trump won by double digits. plus, plus. they have to have this balancing act of -- appealing to the voter for trump. also volt ford them.
a lot of them. but then not depressing the energy in the liberal pockets of these red states. not to mention the fact that they need money, nationally, from a lot of the liberal groups who might get upset if theyened up voting for a trump nominee. >> i think the basis, the fight to the death on this for all of the reasons that have been discussed. but it also raises expectations about what can be accomplished. this is a very, very steep climb to try to block the nomination. and, i do think one, one it may be that the president's -- that the fight here -- will actually make it easier for, for some, house seats to, to be flipped democratic and suburban areas. where women are already -- geared up. angry about the policies of the president. could p could be that the president is trading house seats and senate
seats if senate democrats are damaged in the red states. i think they're in a vice here. swing voters. >> i spoke to a strategist. they're going to make this the number one issue for the senator in missouri. they believe she has been wrong on supreme court picks. and that this is a very potent issue for them. and -- that it is, it is all going to be about kavanaugh if she decides -- to vote against. and they think it is going to, it is going to turn it around for them. >> that is a real tight spot. pat rick m the attorney general made it his business to challenge the obama administration, on obama care, energy issues for the state of west virginia. tremendously hurt by the coaler use and things donald trump ran
on as candidate trump. president trump. fulfilling this. and voting for kavanaugh. is something that is going to be a real tough issue. >> going to go out on a limb. it will be difficult for them to volt against. >> i think, collins will have a hard time. they've volt fo voted for kavanaugh for the d.c. court. and republicans. they will have the republican moderates are going to have a hard time, saying no off to the president. on this. >> but if the issue becomes roe v. wade. some where around 60 or 70% of the country wants -- wants roe v. wade to be kempt. wants abortion to remain legal. its that a political winner for republican? is that, i, i ask my political veterans here. >> i think, thank you for that. i think there are some areas in which, i mention, in some suburban house races. though the house doesn't vote on these things.
it will perhaps energize the car democratic base more. it tended in the past to be more of a voting issue. the court general, for republicans. than democrats. and -- >> that's interesting. whether or not this is going to help turn that tide. because, for the generation this has been a rallying cry for conservatives. the court. if it's why donald trump got the nomination. despite the fact that historically he is for abortion rights. it is because he made a promise. for this list. you know, picking from. on the supreme court. democrats haven't been as energized. >> one of the reasons i think that, judge barrett wasn't selected. because she was a bright red flag on this, on this roe v. wade issue. miech guess is that kavanaugh is going to be evasive. on this question. they will have to impute to him. cite the president's statements on it. but it will create enough for
those people who want to be with them, with, for collins, murkowski. could change. the pressure could become enormous. i suspect he will be schooled. practiced. there was a quote. he said early earl. he talked about, it is precedent. >> you know. and, kavanaugh has been on a ro ro rocket ride. the reason democrats delayed his nomination for so long. during the george w. bush presidency is they knew he looked like a, a future supreme court justice. and, chuck schumer, was, was, asked him a whole bunch of questions about roe v. wade. which he answered saying, i am just a lower court judge. i have to follow row v. wade. it's reaffirmed. that's an swer that works well nominated for appeals court. figure out other ways to dodge it. >> got to get another break in. ahead, who its brett kavanaugh. detailed look at his background
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>> life changed the moment president trump made the announcement a couple hours ago in east room. rick kavanaugh born in washington. fix chur a fixture as a federal judge. randy kaye has a look at the rece recent nominee. the framers established that the constitution is designed to secure the blessings of liberty. justice kennedy devoted his career to securing liberty. i am deeply honored to be nominated to fill his seat on the supreme court. >> he conveyed the essential neutrality of the law. >> i'm forever grateful to
justice kennedy for the opportunity to clerk for him. >> still kavanaugh is not without his critics. many suggest he has been part of the establishment for too long. he helped investigate president pill bill clinton along with kenneth starr. it was kavanaugh who helped lead the investigation into the death of vince foster. a clinton aide. and helped write the starr report to congress which outlined ground for president clinton's impeachment. >> some one who tries to ensure the range of policy views on various subjects in the administration are presented to the president in a fair, even handed way. >> with president trump's administration under investigation for colluding with russia during the campaign. no doubt kavanaugh's writings from 2009 will be getting a closer look. that year he wrote the nation's chief executive should be except from time consuming and distracting lawsuits and investigations.
which would ill serve the public interest, especially in times of financial or national security crisis. some have interpreted this as opposition to the indictment of a sitting president. skrch cnn has learned the trump team was aware of the comments during the vetting. on health care and abortion, kavanaugh has made controversial decisions. last year, he sided with the trump administration, to block an abortion for a pregnant immigrant teenager in federal custody. noting the government's permissible interest in favoring fetal life. in the nomination process for the supreme court, he did have the backing of breitbart and ann coulter. >> a judge must be independent. must interpret the law not make the law. >> judge kavanaugh was born in washington. where his mother was a public school teacher. in his younger days he attended georgetown preparatory school.
he has two daughters. ashley worked as the secretary to president george bush. he has ran the boston marathon twice. he may have the stamina required of him to serve on the highest court in the land. randy kaye, cnn, new york. back with cnn chief legal analyst. joining us, former slils toolic general. neil, what about precedent. we talked about this before. in 2006, when he was asked about this, when, when, on his confirmation hearing for the d.c. circuit court. he said, if confirmed the d.c. circuit i would follow row v. wade, faithfully, fully. that would be binding precedent of the core. decided by the supreme court. a lot of people have been tweeting that out tonight. saying, look all of this talk, roe v. wade. being done away with, much adieu about nothing. >> that means zero.
>> that statement. >> that statement. nothing against judge kavanaugh. what you say, lower court judge. bound by supreme court precedent. two different profession what happens on the courts of appeals. what happens in the supreme court. and as advocates. supreme court lawyers. >> do supreme court justices take precedent about what previous supreme courts, i mean, do they, does that weigh heavily on them? >> it weighs. would not say weighs heavily. what does have bearing, he promised he would put, two, three justices on the court. overrule row vchroe v. wade. i think we should assume that is his position >> some one, been amount the supreme court. written two books about it. you do hatch cave cases like ju souter. people didn't know much about him. were surprised by, how he ended
up. >> yeah, i think of this as the the myth of the surprise president. its that, the, idea that, that presidents turn out to be surprised. if you look at all nine justice thousands, and, i would include kennedy in this. there are no surprises on the court. that the scrutiny that goes on today is different from the scrutiny that went on even when george herbert walker bush nominated david souter in 1990. the justices are picked because of how they're going to vote. if you look at the four democrats, kagan, ginsburg, breyer came out, true for robert, true for, thomas, and kennedy. remember kennedy was picked because robert bourke had been defeated. they knew they had to pick someone more moderate. they got some one more moderate. >> to disagree with my friend jeff. on this, think of justice kennedy.
president reagan thought he would be the swing vote to create gay marriage in the country or uphold affirmative action. or, uphold abortion restrictions. as he did in 1992. the types of precedents that are at risk in the nomination. this such a big deal. this isn't like last year's fight. this is, this is the fight of basically the future of the supreme court for the next 40 years. >> for the next 40 years. >> possibly, absolutely. >> young, yeah. >> you know. when the constitution was written in the 70s. in the late 1th century. people were expected to die in their 50s. the framers never contemplated that these terms would regularly go to the 30-plus years as they do now. and, you know, that, glad everybody is living longer. but that's what raises the steaks on these appointments on the nominations. so much so much more. because they serve for so long. >> 37 cases before justice kennedy. every single one of those -- he
knew he kept an open mind. he tried hard. one of the pieces you called him the agonizer or something like that. it was very true. and i think, you know the recent nominees, i agree with you.cent. they come in with more preconceived notion than some of the earlier justices. >> thank you, jeff as well. coming up. federal judge rules, justice department must adhere to decade's old settlement, limits to 20 days the time the government can keep immigrant children in custody. meantime, only, about half of the kids under 5 were separated from their parents will be reunited by a court imposed dead lean tomorrow. we will have details on that. also, later the latest from thailand. daytime. rescuers are resumg their effort to save four children and one adult, trapped in the underground cave.
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separated from their parents at the border will be reunited with their parents by tomorrow. which is the deadline imposed by a different court. at the southern border for us tonight. what's the latest on the reunifications? >> hi, anderson. tomorrow is the deadline you talked about. this is applying to children under age 5. described, tender age. a judge ruled they would have to be with family members by tomorrow. the federal government will not be able to fully meet the deadline. during a court proceeding early earl today. federal government attorneys, essentially saying there is little more than half of the, more than 100 children under the age of 5 would be reunited by tomorrow. so what exactly happens to the rest of them? there are many families, obviously, if graduation attorneys, of and down, the u.s. southern border waiting to see how all of this is going to play
out. significant headline here tonight is, though this deadline is looming. less than 24 hours away now. it is clear that not all of the children under age 5 will be reunited. >> wait a minute. what's incredible. does this mean the u.s. government with all the resores doesn't know how to reunify half of the kids under 5. they don't know where their parents are? they don't know which kids belong to which sets of parents? is that why they can't reunify them by the court deadline? >> it's hard to give a, a wide ranging blanket statement as to why exactly not all of these children will be able to be reunited. the federal government that some of the cases they're trying to make sure the kids are being reunited with proper relatives. make sure they're not being put into dangerous situations. really kind of hard, at this point, anderson to give a blanket reason for why all of these, these, reunifications aren't happening.
>> finally, parents who have been searching for their kids, what are they saying? what options do they have? >> they still wait. that's really been. what all of this is, brought out, andersen, clearly is that there was no plan in place. weep ha we have heard this from republicans in congress as well. clearly no plan in place, to reunite these families that were separated because -- of the zero tolerance policy. so, many of them continue still either a trying to figure out where their children exactly were taken to. and, still many of them, nearly two months into all of this, still trying to make, make connections with, with their, with their, with their children figuring out exactly where they are. amazing, that at this late stage in this game in this process, that there are still a number of people that we're hearing from directly, who say they're still trying to piece together just the most basing of information. >> appreciate the update. want to got more from jeffrey
toobin. it does sort of boggle the mind. whatever you think of the policy it was so badly executed. that they hadn't thought out how you would end up reunifying. that you would have 5-year-olds separated from their parents and not reconnect. >> you are talking aboud kid whose don't know their parents' names. they're too young. a spectacular fiasco. what is even more comb ply kated -- complicated about this, the judges making the orders, they dent hatch gre don't hatch great ways of enforcing it. they can tell the federal government to do something. but they can't, question, they can theoretically hold people in contempt. who do you find? i mean, it's, an interesting example of the limitations, even of judges. who theoretically have power over the federal government. >> so the ruling tonight against the administration to modify the length of the flores settlement,
the justice department says they're reviewing the decision. what happens next? >> well they can appeal. they can go back to the judge. say look, can we modify this way. judges in this whole area have been amenable to negotiating with the government. but if the judge holds fast. the judge will have to figure a remedy. that is not. entirely clear, what the judge can do. >> the judge doesn't run the federal government. >> it is amazing. general kelly. head of homeland security. he was talking about this kind of a policy. more than a year ago. the idea that, that it is not like that hadn't been, hadn't had time to plan this stuff out. >> they dent care enough. >> jeff toobin. thank you. the latest on the rescue attempts, remaining children and one adult still trapped in the cave. and now for the rings. (♪) i'm a four-year-old ring bearer
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thailand. a navy official telling cnn the rescue operation has resumed. four kids and one adult are in the under ground cave. the condition of the eight other kids who have been rescued what do we know about them? >> we have the news moments ago. remarkably they seem in good condition. they are able to talk, move around, eat food. they said to the doctors they want chocolate. the doctors said you can have some. and they said they wanted more. they are doing fine. they are getting tests sent to bangkok. put in isolation. and have met the parents through the glass. they're doing amazingly well. considering the rescue ongoing. >> let's talk about the operation that's going on at this moment. it just restarted for the day. >> that's right. in that mountain behind me deep in the cabins the leet divers have gone in again to try to
bring the remaining four boys kp the coach out. even though they succeeded twice, this is still a very difficult operation. they have never tried it like this before. and the whole country is holding its breath to see if they can put it up for a third time. >> it's i can see it looks like it's raining. how much of a concern is that? there were concerns about the water level in the cave rising. >> that's right. it's raining down on my head. it's been for several hours. it's a being concern. they're pumping as much water as they can out of the cave. as quickly as they can. as it streams into the cave they'll work against the clock. they have managed to pull off the impossible. the question is can they do it again. the last one out will be the coach. 12 boy ts and the coach in the most sophisticated and difficult rescue of its kind ever entertained. we'll be watching closely. in the next few hours we could
see if the boys and the full face mask and wet suits are brought out and rushed to the nearby hot. where the boys already saved are doing well. they seem to be eating, talk and interacting with family. even though they spent 16 days in the cave. >> we wish them the best and lots of luck. we'll continue to follow that. thanks for watching. chris cuomo continues. live coverage on this big night. coming up after the quick break.
with i get rewarded explowherever i go. going out for a bite. rewarded! going new places. rewarded! learn more at theexplorercard.com thanks for the ride-along, captain! i've never been in one of these before, even though geico has been- ohhh. ooh ohh here we go, here we go. you got cut off there, what were you saying? oooo. oh no no. maybe that geico has been proudly serving the military for over 75 years? is that what you wanted to say? mhmmm. i have to say, you seemed a lot chattier on tv. geico. proudly serving the military for over 75 years. you ok back there, buddy?
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hello everyone. i'm chris comb. welcome to a special hour of "prime time" live. from washington d.c. the supreme court choice has been made. brett kavanaugh is the president's pick for the high court. the question is, will he be confirmed? and and really the bigger question is will it happen before the midterm. on the other side of the ball the democrats you'll hear a will the of early and anxious voices about this choice. can they do anything about it? we have one democratic senator who is going to try. oregon senator joins us tonight. there's other big news. after midnight eastern time.