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tv   The Intelligence Report With Trish Regan  FOX Business  September 28, 2018 2:00pm-3:00pm EDT

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we would feel better, i'm not expecting them to vote yes but not to complain that an fbi investigation has not occurred. and that, this is what i'm trying to do. this country is being ripped apart here and we've got to make sure we do due diligence. i think this committee has done a good job but i do think we can have a short pause and, make sure that the fbi can investigate. my understanding is that some of us would have to, i'm prepared to do it, make a request to the white house to ask the fbi to do that investigation. it would be short, and limited in scope to the current allegations that have been made. >> mr. chairman? >> i would just encourage democrats who we talked to before to endorse that kind of thing, that we can then move on. >> mr. chairman? >> because of the two hour rule, we're adjourned.
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>> what? >> the two hour rule. trish: senator jeff flake calling for a delay, he want as delay of one week so that the fbi can investigate those allegations of sexual misconduct against judge brett kavanaugh. senator flake says a full senate vote scheduled until next tuesday should be delayed until the fbi investigates. he wants a investigation limited in time and scope, he said one week. thats was a pretty dramatic moment he witnessed there, where he made that intention clear. we saw senator grassley move forward with the vote. and they then said after the fact that the vote didn't necessarily include or they couldn't promise that one week investigation would happen. so the question is, are we going to get an investigation right now into these allegations made against judge kavanaugh, or are
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they straight to the floor as as anticipated and vote to confirm him? or not. we're waiting on president trump. president trump will be speaking any minute from now. on this nomination fight. when he sits down with the president of chile. i don't know that he will talk to the president of chill lee about all of that. we anticipate that he will have a something to say to reporters. we'll bring you the video as soon as it comes in. welcome to "the intelligence report." i'm trish regan. i want to go to edward lawrence with the very latest on all of this. pretty dramatic moments, edward. one of the things that was most fascinating about that, jeff flake came out this morning said he was voting yes. he wanted this to be advanced. he would vote yes on the committee and go for final confirmation. in those final moments he spent with democrats behind closed doors he came out and said only way i'm voting yes if we do this
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one week investigation. >> bottom line he did vote yes. now what happens is the nomination does move forward. so that process is now still moving. and that hearing that goes, scheduled would be scheduled for tuesday if all the votes fall in line, might have to be delayed. that is up to senate majority leader mitch mcconnell. he is the one who makes the decision to move that hearing or not. again you heard it up to the white house jeff flake says, ask for limited in scope investigation. look at all allegations have been made up to this point. now the fbi could finish that investigation in a few days. the anita hill case it was finished in what, three, four, days, something like that. so it could happen before a possible tuesday vote which is the way this is lining up at the moment. but again it is up to senator mitch mcconnell to figure out when the votes will be. during this hearing, republicans on the judiciary committee said they heard during that hearing that there was no evidence that was brought against, that leads
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them to believe kavanaugh did anything wrong. during the background check senator lindsey graham, kavanaugh had six of them, six background checks and would have been very thorough and they would not have missed somebody who was sexually attacking women? >> i never heard a more compelling defense of one's honor and integrity than i did from brett kavanaugh. he looked me in the eye, everybody in the eye, he was mad and he should have been mad. reporter: today democrats changing their tune a little bit saying that kavanaugh is a political operative who would be placed less of a judge. now we have flake asking for a delay. senator flake asking for delay of the full vote in the full senate but this nomination is moving forward. back to you. trish: edward lawrence, thank you very much. joining me on the phone is our capitol hill senior producer mr. chad pergram. well, my goodness, you've been pretty busy. walk me through the sort of the
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scene, actually, hang on, chad. we have senator leahy speaking right now. let's listen in to the senator. we'll be back to chat momentarily. >> jeff flake -- >> what do you mean by mud did did -- muddy the waters? >> what you would be saying. we have a vote on monday and have a fbi investigation on tuesday. that wouldn't make much sense. >> senator klobuchar? can you tell us what just happened? what happened -- >> senator coons and senator flake have been working together on for for quite a while. a number of us have been urging them along and but this was kind of a surprise to all of us. senator flake has expressed, including in his speech yesterday his concern about the divide in this country that is being exacerbated by what is happening here and of course we have been asking over and over again for follow-ups on the evidence. and so senator flake is basechy
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saying to his leadership, i want to see this additional investigation before i vote for this nominee. and if he is joined by one or two other republicans, in that request, then they wouldn't have the vote unless the investigation occurs. is that simple. >> is anybody else committed? >> you have to ask them. [shouting questions] >> one week, given, is what senator flake was interested in. and you can do a lot, if you have the whole fbi looking at things in one week. >> did senator flake bring this idea to the democrats? are democrats -- >> you should talk to senator flake about that. you seen him to be independent in lot of decisions he makes, what he says. he felt he had a very important role to play here as member of the committee. >> is he still in there? >> huh? >> is he still in there. >> he is. a number of us suggested a week.
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as did senator coons. did we think would happen today? we mr. in a better place than 8:00 a.m. this morning. >> why do you think flake switched? >> you talk to him. >> senator graham? >> that was fast. >> a couple things. i think i know what happened. i hope some democrats will say if we do what jeff said that would end the process dispute, at least a few of them. i don't expect any of them to vote for the guy. if we asked the fbi to look what is in front of us, no later than a week, no longer than a week, and they would say that would be a better process, that would be progress and jeff's trying to his best to bring the country together, vote the best way he knows how. i don't know if that is the agreement. i will get back with you.
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>> do you expect senator mcconnell to honor this? >> i don't know. i would talk to him. >> do you think it would be a good idea to honor this? >> last time i looked you need 50 votes. >> is anybody else going to join up? >> all i can say right now, what jeff is saying makes sense to me. >> senator murkowski -- >> i'm not speaking for mitch. i will talk with jeff. somebody has got to explain this to trump. so i guess that will be my job. [laughter] >> are you going to back this move? >> if it is -- if i'm nothing i'm practical, okay? >> [inaudible]. trish: that was senator lindsey graham who gave a very impassioned plea to see this through and nominate brett kavanaugh to the supreme court in yesterday's hearing, saying he was open to the idea of a one week delay, it would
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hopefully bring the country closer together. and we are getting some reports on president trump, who is also said to be open to that delay. we're going to be going to him momentarily. but joining me right now on the phone with more, capital hill senior producer chad pergram. my goodness, it has been quite a couple days and we've seen it. a lot of emotion on both sides, chad. walk us through what you're seeing there, on capitol hill at this moment? >> well has been a couple of incredible moments frankly, a incredible couple days. let me try to explain to everybody what this means. and senator graham said something very important there, this is up to senator mitch mcconnell how they forge ahead but there are two procedural votes that have to happen. you have the motion to proceed and, in other words you're moving to proceed and actually the vote to proceed to the nomination. in other words, mcconnell could have this report from the committee saying we send out from the committee the
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nomination from brett kavanaugh and sit on it, waiting until the fbi is done. or he could say all right, we'll have a vote on the floor on the motion to proceed. guess what? this is where the math is so important, you need 51 votes on motion to proceed. if you got that, you need 51 votes on the actual vote to proceed. guess what if jeff flake says, this isn't what i agreed to, he might no go along. trish: he is holding a lot of cards then? >> yes. trish: the demand he wants the one-week investigation by the fbi, that is a demand that needs to be recognized because otherwise you risk losing him and therefore not getting the nomination through? >> absolutely. you have to have the votes there. so that, we knew something was going on with jeff flake t was hard to discern. in fact i have speculated to somebody else, i wonder if there is something else they're trying to work out here, this is the scenario nobody quite has seen, we thought we would have the procedural votes over the weekend, start debate on the
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nomination that may still happen. nowhere is it written, maybe in will be a gentle person's agreement between jeff flake, mitch mcconnell, we'll go ahead and proceed to the nomination. we'll start on the floor, there is a supreme court nomination. it needs a lot of debate, they debate it two or three days. they don't have to start on the weekend. let's do this monday or tuesday, wait until the fbi is done. it depends on what mcconnell and flake agree to. trish: chad, stay with me. senator blumenthal from connecticut is speaking. >> all that said, let me be very blunt before we ended i was about to be recognized to make this point and motion that, this fbi investigation has to be real and penetrating, so that the truth and facts and evidence are all uncovered. this fbi investigation cannot be a show or a charade.
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it must be real and it must go to the witnesses who are likely to produce facts in evidence. >> senator, is it your understanding that flake had the assurances of other senators in his party before he decide to make this move? >> senator flake talked to a number of senators in his own party as well as on our side and i appreciate that he was seeking common ground. >> what can he and his colleagues do if the leadership decides to press ahead with the vote anyway? >> obviously senator flake could vote against the nomination. >> has he told you he would do that? >> no. he hasn't indicated what he would do. trish: we've been listening to senator blumenthal much like our own reporter a lot of cards are in the hands of senator flake. let as listen now to senator graham. >> senator graham do you think he was moved after he was confronted by protesters on his way to vote this morning? >> no. listen, this is jeff flake.
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i mean, this is why i actually like about the guy, susan, all these people take it really seriously. jeff is not a lawyer. this is hard. again i've been in the legal system. you have a lot of emotional decisions to make but the fact pattern here leads itself, i'm sorry there is not enough we've got to move on, having said that, this is jeff flake, very sincere in what he is trying to do, i respect the hell out of this, democrats a week matter. some of them would. some would go own and on. a few say week longer would make it a better process he probably done -- >> republicans agreed to one-week delay. >> if i could quit talking to y'all come out. >> please do. come on back, senator. trish: all right, senator graham, talking rather optimistically about a one week delay. the hope maybe you get some democrats to reconsider and maybe they would actually vote
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to confirm judge kavanaugh if they had the peace of mind would come from an investigation for one week by the fbi. i'm joined again by producer chad pergram. let me ask you, chad, about the historic significance. there is a lot of comparisons to clarence thomas and anita hill. how is this different. >> this is different in the sense, this is different people had more clarity how this would go even though that was pretty unprecedented. in the case of clarence thomas they sent the nomination to the floor with no recommendation. you don't have to have a favorable or unfavorable recommendation. goes to the floor, senators make up the mind. why is the committee important? not every senator observes on -- trish: i hear you. president of the united states is weighing in, let's listen? >> i will let the senate handle that. they will make decisions. they're doing very good job. very professional. i'm just hearing a little bit
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about it because i've been with the president of chile. and we're talking about some very important subjects. i'm sure it will all be very good. i guess the vote was a positive vote but there seems to be a delay. i will learn more about it as the day goes on. i heard about it because we were together. >> what did you think of dr. ford's testimony when you heard that? >> i thought her testimony was very compelling. she looks like a very fine woman to me. very fine woman. and i thought that, brett's testimony likewise was really something that i haven't seen before. it was incredible. it was an incredible moment i think in the history of our country. but certainly she was a very credible witness. she was very good in many respects. i think that, i don't know if this is going to continue onward or are we getting a vote but again i'm here.
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so i'm not out there watching because i can't be. out of great respect, although maybe we'll go watch together, okay, we'll watch together. but i think it will work out very well for the country. i just want it to work out well for the country. if that happens, i'm happy. >> have you thought about a replacement for judge kavanaugh? >> not even a little bit. not even a little bit. >> what is your message to murkowski and collins right now? >> i have no message. they have to do what they think is right. there is no message whatsoever. they have to do what they think is right. they have to be comfortable with themselves. i'm sure that is what they are. >> would you be willing to reopen a background investigation on kavanaugh? >> i will rely on all of the people, including senator grassley who is doing a very good job. that will be a decision that they're going to make. i suspect they will be making some decision soon, whether to take a volt or to do whatever else they want to do. i will be totally reliant on what senator grassley and the
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group decides to do. >> [inaudible] >> we'll talk about venezuela. i was waiting for that question. we will be discussing venezuela among many other things. a lot of interesting things going on in that part of the world but, chile is really something special. if you look at what they have done, how far they have come, you look how well-run the country is. i want to say it is an honor to be with you. thank you very much. thank you very much, everybody. [shouting questions] >> thank you. whatever they think is necessary is okay. [shouting questions] >> thank you. thank you, guys. let's go. >> see what happens. he wants to meet with us. venezuela is a mess. it has to be cleaned up and people have to be taken care of. thank you very much. >> thank you. thank you. [shouting questions]
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>> thank you. trish: donald trump, the president of the united states saying that he just wants what is best for the country and he is absolutely fine with waiting on the confirmmation of judge kavanaugh on that vote. he is absolutely fine waiting a week because he wants to do what's best. he also pointed out that he found dr. ford's testimony very compelling and he called her a fine woman. he also said that brett kavanaugh gave an incredible testimony as well. i think much of the country is in agreement as we listen to both individuals yesterday. i think all of our hearts went out to both of them because as you listened to them, you heard the emotion in her voice, as you heard the emotion in his voice it was very clear they both believe what they are saying is the absolute, 100% truth. for the very latest, i want to go to blake burman at white house with more. reporter: hi, trish. the most powerful person in the
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united states is donald trump. what we heard the most powerful politicians in country right now as it relates to judge kavanaugh. are up on capitol hill. jeff flake, forced the hand, if nothing else of mitch mcconnell and possibly president trump to make a decision as to how to move forward with the nomination of judge brett kavanaugh. as you heard questions proposed there, there is outstanding question how susan collins and lisa murkowski might vote. three republicans there, if two of them decide to vote against kavanaugh, with all the democrats voting against him as well, his nomination goes down. when you look at the request for an fbi investigation, the white house has said that if there was not one, it would not be a cloud hanging over brett kavanaugh. we heard as much from the press secretary sarah sanders earlier today but now, it is flake who is calling for an fbi investigation, or, he might potentially vote against the
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nomination. what you're really looking at right now, trish, the president, who has sparred with jeff flake in the past, who has maybe held some leverage over jeff flake in the past, now, has to sit back and say, it is in the hands of congress because congress is one with of two vehicles for which an fbi investigation could take place. the other is, could be the president saying he wants to do that as well. it is still so early in all of this, even though this process has been going on, somewhat would contend for too long. as it relates to a new, fresh call for tan investigation, the decision has to be made up on can toll hill. with top republicans potentially in consultation with this president, exactly just how to proceed forward on the president's nominee for the supreme court, trish. as you saw from the president there, he is trying to put this in the very beginnings up on capitol hill. trish? trish: you have to commend him for saying he just wants what is best for the country.
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and if it is going to take an investigation for a week, so be it. let's listen in now, thank you, blake, senator coons speaking to reporters. >> i am saying now i'm deeply grateful to senator flake and others who i believe will join him saying they are not comfortable proceeding to a final vote on judge kavanaugh's nomination without a short, additional, professional period of investigation. there is understandable concern on the part of many senators in the other caucus that they expressed in our judiciary committee meeting. that there will simply be additional allegations coming forward. if there are, i think they should be investigated but, what senator flake has proffered and what i support is the idea that it should be no more than a one-week delay before final vote. frankly the current allegations should be sufficient for the fbi to give some further input to the members of the committee about whether there are or are not reasons for there to be some
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cloud hanging over judge kavanaugh's nomination. >> are there other republicans prevent a final confirmation vote happening tuesday so mcconnell would not have the votes? >> i'm optimistic, i'm optimistic about that but i would encourage you to ask other senators how they will present themselves. senator flake and i with conversations with other colleagues had reason to be optimistic that could be successful. >> participated in the meeting in the back? >> virtually every member of the committee were in the back haul. >> were there members that are not hon the committee, senators murkowski and collins? >> no they are not on the committee. they were not physically present. there were a number of conversations back and forward. >> are you trying to dissuade him from doing this? >> of course. vigorously. >> [inaudible]. >> i'm just going to say i have had conversations with a number of other senators, republicans
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and democrats. i've had a number of conversations in recent days with colleagues, republicans, democrats, how could we possibly get to a further fbi investigation to address some of the credible allegations dr. ford brought forward without extending the timelines? because my republican colleagues, as i'm sure you heard very point he hadly accused democrats of trying to hold this open past the election. that is not my goal. my goal is to simply encourage a number of friends and colleagues pressing for the fbi to consider seriously the allegations that are before us. >> if you can answer to the cameras, flip side, are there other democrats be willing to drop more process campus plains about this if the fbi investigation is indeed done next week? is that the flip side of that deal? >> i would encourage to talk to you with other democrats judiciary committee. i'm certainly coming forward to say i'm grateful to senator flake.
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i'm hopeful that the president will direct the fbi to further investigate the allegations that are currently before us. and that i think this was a significant step. and i am hopeful that the republican majority will embrace this one week pause, for a limited in scope additional investigation. it is my hope that a report will be delivered to the judiciary committee minority and minority and have opportunity to question fbi agents to conduct the further background. let me also say, my predecessor, joe biden, long-time senator from delaware, former chairman of the committee has been quoted repeatedly yesterday on this point. i recognized fbi does not present conclusions. they simply present evidence but i think there is a number of senators who after dr. ford's testimony yesterday believe there was significant evidence that had not been thoroughly examined and that should be done. we as senators reached the ultimate conclusions whether we
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vote for or against judge kavanaugh. but i do think there was enough doubt raised yesterday by dr. ford's testimony, that a number of senators felt a further investigation was justified. >> did senator flake mention the protesters? this state of mind and why this came about? >> i encourage to you taub to senator flake. let me say this senator flake is a genuine conservative. he has written a book about the conscience of a conservative. he and i do not share a lot of political views but we share a deep concern. sorry. senator flake and i share a deep concern for the health of this institution. and what it means to the rest of the world and to our country if we are unable to conduct ourselves respectfully and in a way that hears each other. in the back hallway conversation a number of our colleagues also had very sharp conversations with each other about some of
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the partisanship and some of the posturing. i frankly think that what senator flake is trying to do is to both achieve brief, credible investigation of allegations in front of us, serve as a role model as he has for me, someone taking a political risk, upset many in his party, asking for a pause so that american people can hear we are able to work together on some things. that even though he and i are from different parties with different values and different background, we respect each other and we can work together. i have traveled to country in other places in the world with senator flake and know how passionately he feels, that our division right now teaches the wrong thing to the world about our democracy and suggests that we are not able to respect each other or work together. if you look at his voting record in the last congress and mine, they are almost as far apart as they can be, yet they respect
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each other and can work together. think that is important question for the world. >> what would you say the impact on the constitution and country and they would not support a one-week pause? >> that is exactly my concern expressed in my speech to the judiciary committee earlier today. my concern was that by bulling through this nomination without any investigation it would send the wrong signal about partisanship and leave a cloud over judge kavanaugh. he was in the chamber when i delivered this. >> would you elaborate on those conversations? you said there were sharp conversations in the back. >> look, anyone who watched the judiciary hearing committee process yesterday and speeches before mark-up today, know there are members of the committee accusing each other of all sorts of things. my one comment, senator biden as a senator once said to me you can always question another colleague's priorities, you can question their policies but shouldn't question their character and motives. there is way too much
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questioning character and motives and there was question how we all need to lighten the extent we're going after each other personally. thank you all very much. trish: everyone, that was, forgive me senator biggs, we have congressman biggs coming up. senator coons, say that he is very pleased with this process of course. that he and jeff flake worked together on this showing that you can get opposite sides to come together to reach some kind of an agreement, the agreement being here that they want to delay the vote on judge kavanaugh to the supreme court by one week. one week in order to conduct an fbi investigation. a lot of concerns though from some conservatives who fear that one week, hey, why wouldn't it turn into four? is it really going to be one week or is this some kind of a stall delay tactic, suddenly we to into midterms and it is roe v. wade kind of midterm vote? so that is one concern. but i go back to my concern which all along has been, why did it take so long to get this
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all out in the open? why did dr. ford's concerns about judge kavanaugh, not actually reach the white house? why didn't it reach the president of the united states? she did give tips to "the washington post." she did call her congresswoman's office. she did talk to the reception it in the congresswoman's office. then wrote a letter. it wasn't until he was actually named as the nominee that anybody cared. "the washington post" didn't care. the congresswoman didn't care. dianne feinstein certainly did not care, not until he was named. and then they hid her identity because she said she wanted confidentiality. one can understand that. who would want to be put through what she would put through and is being put through. no one. so, they held her information confidential, for a time. then somehow it got leaked because she had reporters showing up on her front door.
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that is when she had to come out. we don't know who leaked it, but i suspect we have our thoughts. congressman andy biggs. he joins me now. congressman biggs, i am sad for the process. yesterday was a horrible day. it was a horrible day for judge kavanaugh and his family. it was a horrible day for america. i don't know one single person who was feeling good about what they saw on display yesterday. your thoughts? >> well i agree with you that it was a rough day yesterday, and very difficult day for both doctors ford and judge kavanaugh but i want to make two point if i can. first of all, it is interesting, i think it is a good thing that we have a republican form of government. that is to say you have people who actually having hearings here representing the people. it may not have gone as pretty as i wanted. it may not have gone, the
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process was not clean. we didn't have any kind of dictation coming down from above basically scuttling the process. and i think that is an important point to make and understand. trish: i disagree with you, congressman. i think the process in this was actually utterly awful. >> yeah. trish: to me this information should have been provided in some kind of background check way earlier than it did. she was actually trying to get the information to the right people but got caught up in unfortunately a whole bunch of politics. let's get back to that in a second. i want to get reaction we'll wait a week. we'll see fbi investigation. is that okay by you? >> i have a major problem for the very reason you just named. this was out there, this was manipulated, the information was out there in the hands of the democrats. they waited until the last possible moment. the process was actually over. all they needed was the vote. they waited until that point to disclose. that gets to another point i was going to make. our friends on other side of the
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aisle view these things as war. republicans view it as process. we're saying let's extend the process another week. when the other side first goal was to postpone any nomination until after the october 1st term of the supreme court started, next goal is the midterms. there is no agreement. senator flake actually made that clear in his statement earlier. and that's part of the problem that we go forward. trish: because you don't feel like you have any trust, right? >> there is no trust. trish: if you had trust, the patriotic thing to do was to come forward to protect her identity. let's not forget her and her family in all of this. >> absolutely. trish: if that happened, she is reliving it in major ways, out there in such a public way, public way she will never recover from. this is not helpful for her in any way. but it is helpful to the politicians. that is what is most disturbing about all of this. they're asking for a delay. they want the investigation. you're saying i don't know if i
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can trust them? >> yeah, we can't trust them. because she couldn't trust them. she asked for confidentiality. this should have been handled behind closed doors. they could have had the fbi investigate. all these interviews could have been done. they could have resolved this behind closed doors. what didn't happen because they couldn't be trusted. i still don't trust them. the trust has -- aspect is gone. lindsey graham said it was a disgrace. brett kavanaugh said it was a disgrace. it is disgraceful the way he process devolved over time. trish: congressman, do you believe her at all? >> i think she was a good witness. i don't know what to believe at the end of the day because i thought he was a great witness. i thought she was a good witness, but the bottom line is, there is nothing corroborating anything she said and there was a lot of holes in the story and inconsistencies in the story and mr., judge kavanaugh was very emphatic said it didn't happen.
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and -- trish: there is no evidence, in a tough spot, we are innocent, presumed innocent until proven guilty. >> yes. trish: that is very disturbing for some people that this basic tenent of who we are is being tossed aside. very, complicated time. good to see you, congressman. >> thanks. trish: with more on that right now i'm bringing into the conversation fox news senior judicial analyst, judge napolitano. good to have you here. what is your reaction? >> listen, liz, or trish, i was calling for the fbi investigation when the allegations were first made as george h.w. bush did. sorry. trish: you make a good point. so you wanted to see this investigation, former president wanted to see an investigation. what about judge kavanaugh?
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all i know somebody were saying stuff like that for me, i would say yeah, get the fbi on it asap because i want to prove my innocence to the world and -- >> i pay agree with you, but i also agree with you, that he couldn't say that yesterday, after he ripped into the democrats, in my opinion quite properly. it would have handed them a bone. i got to tell you, trish, an investigation by the fbi is dangerous for judge kavanaugh. trish: why? >> because they are not going to limit it to just this incident. they will start investigating other things, like all the denials that he made under oath yesterday. i believe that an fbi investigation now will reset this nomination and open up a potential can of worms. trish: we'll be going back how times he had too many beers, et cetera? >> correct, correct. >> wow. >> that is, and that is what i fear about -- trish: a week, judge? >> 8,000 fbi agents.
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depends upon how many people, chris wray dispatches and how many people -- those, investigators generate other witnesses. they will talk to dr. ford. she is going to give them five names. those people will give them five more names. this is what happened in the clarence thomas case. they ended up interrogating 22 people but did it in four days. we have much larger, more technologically efficient fbi now. this can be done, if the senate wants it done. trish: let me ask you this would i like your legal opinion on this, sir. not moral -- i think that all of us are conflicted, right? i think both, and president said, she seemed credible, he seemed credible, but legally, this is 36 years ago, there is no evidence of anything. so, how can you prove a crime? >> so yesterday was a political
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experience using the tools of the legal profession. swearing people to tell the truth. interrogating them under oath. preventing cross-examination. but if yesterday were a courtroom then the plaintiff, the person bringing the charge would have what is called the burden of proof, the obligation of producing more evidence than the defendant. in that environment, judge kavanaugh would have won. i think they were both credible. so a tie in the legal world goes to the defendant. the question is, does a tie in the political world go to the person bringing the complaint or the person resisting it? i don't know the answer to that? trish: no, it is, we are in scary times. judge, good to see you. thank you very much, rather talk to you as always. >> pleasure, trish. trish: after this.
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trish: all right. we've got a lot going on right now, everyone. senator jeff flake is saying that he want as one-week investigation by the fbi into dr. ford's allegations against judge kavanaugh and looks like he is going to get it. the president of the united states saying moments ago he wants whatever is best for the country. he is okay with this. senator lindsey graham saying a similar thing. he is okay with this. if this is what it takes, this is what it takes. a lot of conservatives are getting a little bit worried. maybe this is another stall tactic. is it? joining me, chairman of go pac, david avella, former sex crimes investigator, chairman of the american bar association and lee carter, pollster. start with david, are you worried it is just north delay, delay tactic? >> if you're senator leadership, jeff flake has shifted this morning. now you have to wonder if he is
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going to flip? all the more reason why senator murkowski and senator collins votes are so important to this process and vice president pence being close should there be a tie vote. trish: is he okay with waiting a week and getting the investigation done? >> let's keep in mind what we're seeing here t was the democrats who changed the rules a few years ago to go from 60 votes to confirm a supreme court to 51 when they couldn't get to 60. and now what we're seeing it is the democrats with the help of senator flake who are going to try to change the process that now they get to add amendment, they get to add -- trish: i don't think that has anything to do with anything right now. david, what the concern is, by flake, and some others is that the country is in such a divided spot right now, if you were to allow this confirmmation to go through, you pushed it through and you didn't do an investigation, it would mean
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that half the country and perhaps i'm going to lee on this, a lot of women, might feel like you're not listening to them, you're not hearing their side. and i think that the republican party might pay a price in some ways for that. your thoughts. >> i think republican party would be pay a price not listening. they would be tone deaf. 48% of americans registered independent. only 27% americans are registered republicans. if the republicans want to win in the midterms, get more votes, get people on their side they have to make compromises. trish: let me ask you this. in some ways, now, just, let's talk political strategy because this is your baby, politically speaking is it helpful for republicans to have all of this going on, complete disarray over this confirmation? in other words, if the democrats continue to push this out, we
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want another week on the investigation, we want another week and we're in midterms and he hasn't been confirmed yet, does that actually hurt the democrats more than it does the republicans? >> if we are in midterms and this issue has not resolved it benefits republicans. if we're in midterms and issue resolved. trish: republicans are galvanized. >> they are galvanized to get their support. if this gets shoved through, kavanaugh is the candidate, 100% democrats are more energized than they have been. look at protests. that is what will happen. democrats win in a landslide. trish: i want to report right now that we can tell you fox has learned that senator murkowski is pleased with this delay as well. she supports the one-week delay and fbi investigation into dr. ford's allegations. lee says if this gets dragged out it will be very hard by the
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democrats. what do you say. >> i disagree with that but only so much. the democrats wanted an independent investigation but the republicans want and need it now as well. don't be fooled bit pivot. yesterday was partisan. today it is congenial, because they wouldn't have the votes i surmise without taking a week to do an independent fbi investigation. trish: is it really going to be a week? >> i think because it is not a big document case. i'm a former sex crimes prosecutor. talking about a number of interviews. you had a lot more than we have as far as technology is concerned when anita hill was the issue. i think they can do an efficient, effective investigation and just report back. that gives the republicans cover with women, with midterms. trish: what will they look at? given your background in the field, what is it they're going to be asking? what is the process for fbi? >> mark judge will be interviewed first and under oath. four persons that they said they don't remember or weren't there at that location are going to be
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interviewed next under oath. then the number of people who have come out who have said kavanaugh is lying, not about the notebook or the yearbook, but how he has painted himself into a place whereby he was not excessive drinker. i think they will investigate that too. that is rabbit hole for the gop. if he was an excessive drinker they will want to know about that too. here is why it is important, both of them could be telling the truth. kavanaugh may be excessive drinker. he may have passed out or blacked out, maybe not, right? that is a pretty good indication that he may not remember. that is how you get to both of them being so compelling. so the fbi could be very important in that regard. republicans need this too because they need the woman vote or more women to vote for them during the my terms. trish: i see -- >> we agree. trish: republicans a lot of
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people want to see him on the court. but reality it could cost the republican as lot. >> exactly. trish: frankly it could cost the president a lot, because if you were to see the republicans take the house and senate, my goodness, i think all bets are off in terms of what would happen to him and his administration. so, david, politically speaking, does this have any upside for you? >> judge kavanaugh getting on the supreme court has a big upside. in particular, in -- trish: one week-delay, which might turn into longer, who knows? >> here is the reality. not one democrat on that judiciary committee is going to change their vote based off the findings of the fbi investigation. this still comes down to where does senator murkowski an senator collins come down. they are the key votes in all of this process f both of them were saying or do say they're voting for him, no matter when the vote comes up, it gives senator mcconnell every reason to go
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ahead and have the vote on tuesday. if they say delay it for a week and he decides to go that route and they vote yes, senator, or judge kavanaugh still gets on the supreme court. which is crucial, i may disagree slightly with my colleagues, it is crucial that judge kavanaugh get on the court because there will be plenty of people in the -- trish: why people -- i think lee put it very well. people will be motivated. they will hightail it, right to the voting booth because what is at stake? >> trish -- trish: what they want for however many years. why are they as motivated to go? >> sure. i have talked to a number of individuals across the country, conservative groups, who say look, if we have the majority and we can't put a judge on the court that we want, what is the point of going out and voting? [all talking at once] trish: i got to leave it there. i will give you this. it is disturbing that
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allegations from 36 years ago are now creating such a challenging the time in the country for sure. that is the tough part of all this. thanks so much to the whole team. we have a lot more coming up. i will see you here. to break free from conventional thinking. we are a different kind of financial company. we are athene, and we are driven to do more.
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ignition sequence starts. 10... 9... guidance is internal. 6... 5... 4... 3... 2... 1... ♪ trish: there is a few other things going on today, believe it or not. in another news, facebook recently discover ad security breach affecting nearly
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50 million accounts. great. facebook says it is working to fix the problem. hillary vaughn joins us right now with the latest. hi, hillary. reporter: hi, trish. this also allowed attackers to use accounts as if they were the account holder. facebook does not know who was behind this attack or if it was a state-sponsored attack but they are saying the three-step attack was used there was a certain level of sophistication used. zuckerberg calling this a complex interaction. they used multiple bugs to gain access to user accounts. hackers have the ability to access the accounts if they were the account holder. got access to personal information like gender, names, hometown, date of birth, but no credit card information was exposed. they do not know if private messages were accessed or if messages or posts were published on behalf of those affected users. they have no evidence of this, but they say the full scope of how attackers exploited their
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platform is still under investigation. facebook says they found out about the breach three days ago and one of the features that was breached as you mentioned was that view as feature that let as users see the profile how it looks to the public or maybe people they blocked or to friends of friends. all this sparking the interest of lawmakers and one of those, senator warner already said, congress needs to step up and take some action. trish? trish: thank you very much, hillary vaughn. a whole lot more coming up. the markets, they're digesting all of this news coming out of d.c. and a lot of news it is, you have the dow up just about 10 points right now and s&p is barely in positive territory but this news is being reported, senator jeff flake is asking for a one week delay. believe me he is going to get it because without his vote, if he doesn't vote yes they can't afford to lose him to get judge
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kavanaugh confirmed. i want the fbi to investigate this i think it would be the best thing for the country. the president of the united states agrees. so one week it is. all coming as investors await official word on a trade deal with mexico. we'll get details on that and more on jeff flake. we might be hearing from him shortly. i will see you here next. ourse-- ever since i started renting from national. because national lets me lose the wait at the counter... ...and choose any car in the aisle. and i don't wait when i return, thanks to drop & go. at national, i can lose the wait...and keep it off. looking good, patrick. i know. (vo) go national. go like a pro.
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trish: tesla soon be without elon musk? over that look like? elon musk, the guy graded the something the longer the company. he committed security guard with the false statements about plans to take the company private. do you those tweets? tesla shares wanting to record lows even with the news that he is ready to fight back. a good to our own at the nyse with a whole lot more. >> i know charlie has done reporting on that by the back narrative and mr. must learning up with high-powered attorneys but the question you brought up about what the company would look like without him is what analysts have been looking at quite closely. barkley put out today that if musk were to believe that the automatic 10 billion-dollar hit for the market cap which is already taking a gigantic hit today tesla is down just about 80% and we'll see how it does here in the final hours.
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we will talk more about the seller. were about to break even in the markets but looks like we'll finish up in this market, a surprisingly saw strong month of september and a good quarter as well. trish: thank you so much. a quick programming note before we go. i will be hosting the story tonight. i'll be in for my friend, martha maccallum, at 7:00 p.m. eastern. she's had a very big week an excellent interview with judge kavanaugh and his wife. 7:00 p.m. eastern on fox news and i do hope i see you there. we anticipate talking to members of the senate judiciary committee with lots of questions right now. the really going to be one week? where will the democrats employed delay tactics, could we be looking at a midterm election without a new member of the supreme court? lots of questions right now with lots of political implications for all of this. president of united said says
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he's okay with it. he wants what's best for the country. lindsey graham echoing the same thing. what do americans want? will cover it tonight at 7:00 p.m. i'm in for martha and liz claman over to you. liz: breaking news that continues to tumble through underwater tv screen on tesla. no lucky 74 tesla ceo, elon musk. it's now more than $7 million off the clock electric car companies. since yesterday's clothes in the final hour watching the stock fall but that was when the fcc that it is suing mr. musk for friday. forget hitting him for smoking pot and cooking whiskey with joe rogan on the podcast but the sun could force them from the company he helped found in graphic reports in the last hour or that maybe after rejecting the first fcc offer elon musk might be pushed - charlie

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