tv Fox News Night With Shannon Bream FOX News June 28, 2018 12:00am-1:00am PDT
still make that? we will get hannity to fly down. i love to read your comments on twitter, some of them are not so nice but we like those too. a big country, got to make your views heard. let's handed out to shannon bream and the fox news at night team. >> twitter is a dangerous place, be careful. >> you did a fantastic job for this network over the last 48, 72 hours, unbelievable. heather: supreme court earthquake and the president says he will push for a new justice he hopes will serve for 40 years at least. could be sen. 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 and got more consequential. of wave, nancy pelosi wants to raise your taxes, blunt economic momentum, the fed said we are headed for 4.5% growth. it is bigger, if democrats take the house maxine waters will try to impeach the president, that is even bigger, now locking down the supreme court into a conservative court maybe for the next generation, the top advisers who want is nominee conformed before november. this it is doable to name the pick in two or three weeks in hearings and votes by october but democrats are going to try everything to try to block this nominee regardless of what is. listen to chuck schumer and mitch mcconnell going at it. >> republican colleagues in the senate should follow the rule they set in 2016 not to consider supreme court justice in an
election year. anything but that would be the absolute height of hypocrisy. >> imperative the pres.'s nominee be considered fairly and not subject to personal attacks. >> think about the tactics we have seen employed in the last week and a half against kirstjen neilsen, stocking her home, sarah sanders not allowed to eat at that restaurant, maxine waters don't let trump advises shop in department stores, these tactics could be used not just against the potential nominee but the senators weighing this on the judiciary committee. the high-tech lynching, put on the seatbelt because this is
going to be the resist movement meets the supreme court level. >> democrats say what they want to follow the mcconnell president, not allowing this to happen in an election year. how that going to work out? >> difficult, highly unlikely because republicans have some effect on their side, the last supreme court pick was stalled past the 2016 election, never got a vote or even a hearing. what democrats leave out is that was the joe biden president, he argued there should not be picks in a presidential election year. there was no nominee but said there shouldn't be anybody considered before the election. it is different now because this is a midterm election year, not a presidential election year and do we mentioned in august 2010 the senate confirmed barack obama's very liberal pick alayna kagan a few months before the 2010 midterms and the republicans have something else, the harry reid precedent, looking like democrats will reject that read as leader lowered the bar to 51 votes to muscle through obama's nominee's, mcconnell warned this would backfire. >> you want to play games, another precedent you will no doubt come to regret, you will regret this and you may regret
it a lot sooner than you think. >> democrats in diane feinstein, during the merrick garland episode democrats surrendered the judicial branch to mitch mcconnell. this is not just about animus against donald trump which is already fierce in the democratic party but a potential senate war where mainstream democrats will face intense pressure to resist this nominee no matter what. >> everybody gets a precedent. >> shannon bream president by laura income. shannon: great to have you with us. our next guest will play a pivotal role in the upcoming debate over justice kennedy's seat on the court as a member of the senate judiciary committee and happens to be on the short list himself, sen. mike lee, republican from utah joins us
tonight, your reaction to the news you and i have been trying to figure out, talking about whether it was coming. what do you think? >> he has been on the supreme court 30 years, saw an opportunity and took it. he has given good service to this country, stalwart defender of federalism, separation of powers, freedom of religion and this was a big decision, that portends a lot of interesting activity in the senate. >> let's talk about that, sen. dianne feinstein says there should be no considerably supreme court nominee until the american people have a chance to weigh in. leader mcconnell set that standard when he denied judge garland the hearing for nearly a year and the senate should follow the mcconnell standard. >> two important distinctions, that was a presidential election, this is an, we have the majority and they don't, that is the biggest single distinction, the one that matters. they can wish that all they want but they know we are going to confirm whoever donald trump
happens to nominate. >> there is a list, your name happens to be on the list, this is what a couple folks have to say, sen. ted cruz. >> i know beyond a shadow of a doubt that mike lee would be faithful to the constitution and bill of rights, he's not going to turn into david souter. he will honor his commitment. >> a tweet from your radio buddy glenn beck uses let me be the first to say justice@sen. mike lee. how does it feel to be on the list? >> i'm honored to be considered for that, this is the pres.'s choice, it will be a decision up to him and not up to me. i am honored to be considered. i would not say no. >> your brother is on the list too. >> my brother is a member of the user supreme court, he is a
brilliant scholar. shannon: the civil and human rights coalition said this today, these short listers have established records of bias against women, the lgbt q community, immigrants, environmental protection and access to healthcare and your colleagues in the senate say you, everybody on this list is a nonstarter and they will not proceed with a vote. >> that is news the way they described as, that they could even know that about each of the individuals on this list and reflect a certain bias against this president that they will not come from anyone he might nominate. they don't have the majority, we do. we are going to confirm donald trump's nominee. >> what you make of these
statements, sen. harris in the running or potentially interested in the running in 2020, said we will not allow these people to proceed. is there any procedural or technical way, democrats could stop a vote? >> know. they so the seats for the destruction of the process by which they might have been able to do that. when they exercise the nuclear option in november 2013 they set in motion the secret of events that would result in a mere 51 votes be required for cloture on the confirmation process. this is absurd, not going to happen much as they might wish it to be otherwise we are going to confirm donald trump's nominee. >> what do you different democratic colleagues today? >> they were not excited just as there were many on the republican side who looked forward to whatever is in the next few months there was a lot of displeasure on the other side, a lot of words uttered that we probably wouldn't want to better on fox news. >> let's talk about this timeline because senate majority leader mitch mcconnell is saying you are aiming for something in september or by fall. he is saying this individual will be confirmed. >> that is right. the supreme court starts in october and we need to get this
nominee confirmed by october. i would like to see that by september so whoever this person is is ready to go, the supreme court started new term this fall. heather: there are two chances it could be justice lee. we will talk with you as the summer plays out. as the president whittles the list of 25 nominees he will likely get advice from a member of his legal team who argued many cases before the high court. he is chief counsel of the american center for law and justice, great to have you with us. let's talk about the imprint, the legacy of justice kennedy. you argued very successfully. >> 30 years since he served on the court in 1988, 3 decades and 80% of the time justice kennedy ruled in our favor 20% of the
time. when he did not he explained his position and i would disagree with it whether he is the center in the majority. but he has played a pivotal role on so many issues ranging from national security to freedom of speech to the decision on the crisis pregnancy center has been stalwart on free-speech but the next justice that will be reflected by donald trump will plan unbelievably important role replacing justice kennedy's legacy ever swing justice. >> this president in a short time has got two opportunities and conservatives are happy with neil gorsuch, now another name and face to fill in this role vacated by justice kennedy july 31st, what impact do you see this president having on the
court long-term? >> the lasting legacy of any president is there supreme court nominee but in this case the potential for many more. the supreme court will be the supreme court for generations so not only is this significant but it is a multigenerational -- the president said today he is looking for someone who can serve for 40 years and you have a great group of nominees, you just had sen. lisa would be fantastic, people like judge cavanaugh and others, a whole list of potential nominees the president has on the list all of which would bode well for the country and the constitution. >> we don't have the best connection so we will you go but we know you will be counseling the president through this process, you know many of the
judges on this list, thank you for your time tonight. great to have you. the president speaking in fargo, north dakota unleashing a new salvo about replacing justice kennedy. let's go to kevin cork in fargo. they were fired up. >> reporter: you better believe it, 6000 people packing the arena in fargo and another 6000 turned away, incredible to see this long line of red hats in fargo. no surprise a long and raucous address, 71 minute speech imploring them to support kevin kramer and he slammed so-called liberal sen. heidi heitkamp, the president mentioned the biggest news, the repenting retirement of justice anthony kennedy after 30 years on the bench. >> justice anthony kennedy, a
very special guy just announced a little while ago his retirement from the united states supreme court. great man. and i am very honored that he chose to do it during my term in office because he felt confident in me to make the right choice and carry on his great legacy. >> this all happened on a night the president through plenty of political punches that may be he saved his hardest hit for new york congressman joe crowley who you probably heard was upset last night in his primary by democrat socialist alexandria cortez. >> one of my biggest critics, joe crowley, got his ass kicked. by a young woman who had a lot of energy.
>> a lot of energy and folks excited about that. no surprise he also mentioned maxine waters, had a lot to say about her, called her the new face of the democratic party and mentioned very briefly that it would still be very good for the usa to get along with resident talked -- we are waiting an official announcement that he may soon be meeting with f and. a busy night and exciting when inside fargo. >> good - the president was campaigning more than anything else he gets the chance to do on the road. he would like to stay in campaign mode and the feeling seemed to be mutual. >> you bet. stay with us, more on justice kennedy's retirement, why some democrats say they are in panic mode. listen to this reaction. >> justice anthony kennedy has
announced he is retiring. >> will the open seat beautiful before the midterms? will drive the right or the left of the ballot box? we will be joined by pastor robert jeffers of the first that is churchill dallas, he joins us live next. until exxonmobil scientists put it to the test. they thought someday it could become fuel and power our cars wouldn't that be cool? and that's why exxonmobil scientists think it's not small at all. energy lives here.
>> shannon: democrats acknowledged they don't have >> democrats acknowledge they don't have many options of any when it comes to blocking a vote on a new supreme court justice before the midterms but that is not with the media commentators want to hear. there is a meltdown happening on the air on capitol hill, on social media and we are tracking the backlash. >> is expected reaction from the left to justice kennedy's retirement announcement was fast, prevalent and pessimistic. we don't have time for all of that but here's a handling that tends to make the point beginning with our cable news competitors. watch. >> roe versus wade is doomed, it is gone because donald trump won the election and he is going to have the chance to appoint two supreme court justices. >> if he gets released by a hard-line social conservative it
is -- the democratic leadership will have hell to pay, they cannot let this happen. they have to play hardball. >> now for a little fly on the wall reaction. during the kennedy announcement democratic national committee was holding a meeting and a political reporter tweet audio of their response. >> justice anthony kennedy has announced he is retiring. >> oh my god >> he was usually persuadable. >> little-known left-wing comedian curtis cook certainly bumped up his name recognition when he tweeted this line, i wish this kennedy had been shot instead of the other one. then john cheadle writing this, okay, this is real is are you paying attention? this is how you lose a country,
all our rights are in the balance coverage your leadership to resist, when trouble attempts to appoint the next swamp thing out of the dispenser, or kiss it goodbye and share saying this. supreme court now completely right-wing, trump's supreme court will take away our rights, roe v wade, gay rights, too many to list, this blow could not be more severe. we don't fight like our lives depend on it some americans could find themselves in internment camps, liberal activist and journalist waiting, al sharpton tweeting we have no choice but to organize, strategize, vote and act. ambivalent attitudes are not an option. all civil and human rights are at stake, what side are you one in turns out the justice editor at think progress is a man of few words, blank you, justice kennedy. finally, bernie sanders waiting. >> nominate somebody who wants to undo the constitutional right
women have, you'll see a massive uprising on the part of people all over this country, not just women but men who think that decision should be left to women and not the government. >> we could go on and on but you get the feeling. >> so we do. thank you very much. according to 2016's exit polling some 70% of voters said the supreme court appointments were either an important or the most important factor for them. mitch mcconnell's decision to keep the seat of antonin scalia open for nearly a year was a big factor in driving voters to the polls. pollster republicans lacking this year on the generic congressional ballot so will justice kennedy's retirement flip things? let's bring in pastor robert jeffers, good to see you
tonight. you heard in that last report that there was a lot of talk about how this could impact roe v wade and other big decisions, justice kennedy had been friendly to abortion rights. i want to play something from cecile richards who stepped down as president of planned parenthood. >> this is a glass moment and what i'm hearing in the last few hours is women already are, this through kerosene on the fire already burning in america and could have enormous implications for the midterm elections. >> contrast that with something the federalist society, a key voice in guiding the president, what he has to say about that. >> the left has been using the roe v wade scare tactics and 1982 when sandra o'connor was nominated and over 30 years later nothing has happened to roe v wade. >> what do you think? >> eventually a conservative court will either overturn roe the way or at least diminish it
and here's why, in 1857 the dred scott decision said african-americans were nothing but property to be bought and sold and that was overturned. roe v wade is really the dred scott decision of the 20century that says children in the womb are not people, just biological blobs with no rights. i think you will see that overturned and this is what a conservative court does. in a liberal court the liberal court creates imaginary rights for some people while erasing real rights of other people. there is no right to abortion in the constitution but there is a right to life and i think a conservative court eventually will see that. >> a lot of people will get hives with you saying that. richards talked about the fact she believes the president has a litmus test whether someone is willing to overturn roe v wade
or whether they have a pro-life record. how do you tough will it be to get someone through the senate? not just talking democrats but republicans who would be resistant to someone who might do that. >> it would be tough for anyone except donald trump. he has the guts to push forward in this. i talked to the president not long ago. he is a smart guy. he knows the number one reason evangelicals voted for him in the largest margin in history was his commitment to a conservative judiciary and the reason evangelicals continue to support him at 75% approval rate if he is fulfilling those promises, not just at the supreme court level but the federal court level as well and i spent this year saying i believe donald trump is the most consequential president since ronald reagan i'm changing that. i believe he will be seen as the most consequential president
since abraham lincoln. remaking the judiciary is going to shift the direction of our country dramatically. it is going to cement his legacy as a conservative and i believe it will ensure his reelection in 2020. >> depending which end of the spectrum you love or hate been analysis on the long-term impact he is going to have. county respond to those, you cite the evangelical approval rating for him. county respond to those who say these evangelicals seem willing to put up with anything, vulgar talk, suggestions of going after your opponents, making fun of people, calling them names, making friends with dictators, their willing to do any of that to get their agenda accomplished and they say you are a sellout. >> they have said that for a long time but the recently elected this president was because of his policies, not personal piety. is anybody going to make the
argument that hillary clinton had more moral character donald trump? of course not, that is ludicrous. we support this president's conservative positions and what is happening right now vindicates our decision to choose donald trump as president and the never trump movement, the sliver of it is going to be shut up forever. >> do you think evangelicals turnout this fall? there is a lack of energy in the midterms for the president in the white house or his party, do you think they will wake up and show up? >> i think now they will. they see what is at stake and i would really encourage the president and mitch mcconnell to push forward in this, get this done before the midterm elections, this will guarantee a huge turnout by conservatives and especially evangelicals. >> we will see if your prediction comes true, come back
soon. other big news out of today, huge, major blow to public-sector labor unions, we will tell you what it means, would have been our headline without this retirement, the plaintiffs in the case it made history, mark janice is with us live. catherine harris will join us shauna on capitol hill for the closed-door meeting and developments tonight.
>> shannon: in what would have been the top >> in what would have been the top story from the supreme court today, 5-4 decision against public-sector unions in the case of an alloy state government employee, mark janice who didn't want to be forced to pay union fees to organizations his political messages he may or may not support, decision that a compact millions of public-sector employees just like him. now fox news it might exclusive. how do you feel? hesitant something to do you took on this fight, takes years to get through this process and the wind today for you. >> it is a bit overwhelming to have a decision such as we perceived today, is so fantastic
for public-sector workers such as myself and the fact they now have a choice to make their own decision rather than having something like this forced upon them. >> justice alito said this procedure violates the first amendment and cannot continue collecting union fees. neither an agency fee or any payments may be deducted from a nonmember's wages nor may any attempt be made to collect such payment must be employee affirmatively consents to pay. they went as far as to say is not an opt out situation, employees have to opt in if they want to pay money to the unions. >> in some states people who take certain government jobs are automatically in the union unless they figure out the fact they can quit and how to quit. now it won't work that way. now you are only in the union and paying union dues if you
specifically choose to do that. >> you know the left was upset. justice kagan said the decision will have large-scale consequences public employee unions will lose financial support, went on to say the majority has chosen winners by turning the first amendment into a sword against economic and regulatory policies. this was all about the first amendment whether you can be forced to use your money to subsidize someone else's political message. >> it gives me that right, free association and with forced fees i had to pay. i didn't have the freedom of association was i was told what i had to do to work for the government and if i didn't pay i didn't have a job. >> attacking unions is one of the most powerful tactics in the republican playbook to enrich their wealthy friends at the expense of working people. republicans are so determined to undermine my work as they held a supreme court seat hostage for
nearly a year to nominate and aggressively antiunion justice. make no mistake the nomination of neil gorsuch was about winning the janice case and taking rights away from workers. >> i don't think that was the only factor at play but it is strange to say this case is about billionaires when the plaintiff in this case is a man who is not a billionaire and what we had in this country is a scheme where unions have been taking money from workers like mark to enrich themselves and we are just saying those workers should have a choice and if they want to support a union that is great but if they don't they should have the option not to. we are restoring fairness. unions had an unfair advantage where they take money from people who don't want to pay it which nobody else in politics can do. this creates a situation where like everybody is they have to get by on many people given voluntarily. >> what made you feel you want to step up on this issue and not
be forced to channel your money without your choice? >> i was seeing the politics the union was conducting in illinois and elsewhere and seeing the fact that my money was going to positions i did not agree with completely and when i tried to get an accounting of where my money was going it was not available. it was nebulous. they gave us some information but it was so vague you could almost interpret it anyway you want it to and therefore i am thinking why am i supporting this and being forced to support something i don't agree with? that goes to the point of not only policy but the collective bargaining process itself and lack of transparency in the process. >> this case overturns 40 plus-year-old supreme court precedent that has been relied on for unions for four decades. because of you guys history has been changed. would have been our top story,
huge case. good to see you again after it. when we return our panel is here to look at potential impact of justice kennedy's retirement on the midterms and the big upsets in the new york congressional primary a virtual unknown millennial socialist takes on a powerful democrat. who is winning and who is losing? >> i felt our party could be better, our message could be better and we could be better as a country. e a bite of turkey. but for cyber criminals it's plenty of time to launch thousands of attacks. luckily security analysts and watson are on his side. spotting threats faster and protecting his data with the most securely encrypted main frame in the world. it's a smart way to eat lunch in peace. sweet, oblivious peace.
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>> the political and media elites are celebrating over the prospects of the basis of both parties getting fired up in the midterms, democrats hoping to harness forces that propel the socialist community organizer to victory last night over the number 4 democrat in the house, republican looking to energize conservatives to replace justice kennedy on the supreme court, conservatives like rush limbaugh think this is in the president's favorably >> let's review. supreme court has been calling back freedom for the american people at breakneck speed, close calls, a win is a win at the court. trump endorsed candidates winning on the republican side. bernie sanders socialist communist winning in key places on the democrat side. >> let's talk about it with
tonight's panel, leslie marshall and larry o'connor and you are both in the same studio. okay, let's talk about this very young upstart challenger in new york, taking out the number 4 democrat in the house, former bernie sanders organizer, a socialist, are democrats going -- is this the wing of the party? >> bernie sanders's party. we opposed trump, there haven't been any other ideas, 2016, we like to think the split in the republican party over donald trump, there was a major split in the democratic party between bernie sanders and hillary clinton, it was a very close primary and they never resolved that, never had to resolve that and now you see the energy and power in the victories. you mentioned the young woman in new york. in maryland, complete political
novice who came from behind in the polls, the polls said he wasn't going to win. bernie sanders guy endorsed bernie sanders and beat and establishment democrat. this is who the democrat party is, the democratic socialist party, should we call them democratic socialists? >> no, no. shannon: are they trending that way? we have seen some races, someone far to the left to didn't win the primary which sets them up better for the fall or is that split still there? on the floor of the dnc the bernie bros were not having a coming up kissing and making up with hillary clinton wing. >> is a democrat that is my concern is a split. got to look at the district. this is the majority minority district, and a woman of youth where some women when they say vote them out they don't just mean republicans, they mean
democrats as well. she had a message and worked harder than her opponent. he didn't show up for a debate. shannon: they way outspend her, 18:1. >> not always the money, sometimes just hard labor and the message that is in exit polls, voters care more about healthcare than democrats who didn't think they would be talking about healthcare again and they care about immigration so some of these social issues really matter in districts like this and it reminded me of the upset a couple years ago with eric cantor. >> eric cantor was on that and running again like all the houses. let's talk about the impact of justice kennedy.
mitch mcconnell who does run the calendar in the senate and represents the majority in the senate wants to get this done before the midterm elections and before the new supreme court term starts. who does this energize to get out and vote because the seat is lockdown what motivation to get out and -- >> this is easy. rush limbaugh is right, rush limbaugh is always right and he was right about this. the 2016 election we had an open seat was empty and up for grabs and donald trump won that. the great revolt, she interviews these voters in ohio and pennsylvania who voted for barack obama and one of the prime reasons they went for donald trump even though they were against him on a lot of things was that seat. they wanted to make sure -- you need the senate to approve that seat, whoever he nominates. it will motivate those voters, another reason to get voters out and reaffirm their decision donald trump is the man to fill
the seat and feel there's a strong republican senate to confirm it. heather: is reclines is 133 days from the 2018 election the path to a senate majority for democrats is narrow but given they only need to pick up two seats it is certainly plausible. of democrats take back the senate they have the opportunity to wield the same power mitch mcconnell did over any future supreme court vacancies but only if democrats learn the lessons of 2014 and turn out to vote. even if the seat is filled a lot of justices are up in age and think about retirement, they may not but you have to watch them and think about that so will they think past justice kennedy if there is somebody locked in before the midterms and say we can't allow this to happen again and they show up? >> is or is right but i do think this will motivate democrats, liberals, progressives, people who don't want a very
conservative court, a real-life version of 1984 combined with the handmade's tail. that is a concern for some of us on the left. not just democrats but republicans too that is the function of the presidency they care about and they know when it comes to confirmation you have got to have a majority. democrats going to block this and i said they can't. the only way they can block it is to change the composite and sen. mcconnell wouldn't be happy couldn't keep to what he said last time let the people decide. wait until we have a election. >> there are a couple republicans. >> she thinks rovio weight is a threat that is the thing, not every republican is painted the
same. they don't margin lockstep like democrats do. >> of vision in our party. >> you guys always come through. in west virginia with joe manchin, this means something. if you want to make this about handmaid's tale that will motivate people. >> great to have you together. political programming note. tomorrow night bret baer and martha maccallum i in orlando moderating a debate between the past two republican candidates before the governor, tune in is congressman rod santos and adam putnam go to 5 at 6:30 used in which is a trump fbi agent peter stzrok meets with lawmakers and catherine herridge, what happens next.
>> shannon: knew tonight, disgraced fbi agen >> new tonight the disgraced fbi agent who texted about stop donald trump's election was grilled for hours by lawmakers. good latte saying unfortunately fbi counsel ordered him not to happen many of the legitimate questions he was asked. we intend to hold a public hearing soon. she intelligence correspondent catherine herridge tells us what
she knows tonight. >> throughout the day on capitol hill we have been getting impromptu briefings from lawmakers and agent stzrok's -- is a veteran bias infected the fbi investigation. >> i would expect any witness to suggest they looked at this impartially i don't know how you read the text, how any reasonable person reads the text and suggest there was no bias. >> reporter: he arrived on capitol hill much earlier today. he did not take fox's questions are questions for many other reporter. based on what we heard from lawmakers they remain focused on the anti-trump text messages he exchanged with lisa page especially from august 2016 where they talked about stopping trump. democrats said these were intimate personal messages and at the end of the day he was not the full decisionmaker. >> there were 20 people on the
team. of one individual displayed political bias the question is whether that would railroad 20 people and i didn't see it. >> christopher ran deputy attorney general rod rosenstein who oversees a special counsel case will testify on capitol hill before the same house panel. >> thank you very much. stay with us, our midnight hero is next. to run this business, but i really love it. i'm on the move all day long, and sometimes i don't eat the way i should. so i drink boost to get the nutrition i'm missing. boost high protein now has 33% more protein, along with 26 essential vitamins and minerals. and it has a guaranteed great taste. man: boost gives me everything i need to be up for doing what i love. boost high protein. be up for it. wells fargo has supported. community organizations from the beginning,
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the first survivor of ais out there.sease and the alzheimer's association is going to make it happen. but we won't get there without you. visit alz.org to join the fight. >> the chick-fil-a worker in austin, texas being called a hero for helping save the customer choking on his after of the customer tried to help that man to no avail under harris rushed from behind the counter to use the heimlich maneuver on the customer who was choking. the unnamed customer was in good shape and able to walk out of the restaurant was harris modestly says his just glad he
was in the right place at the right time. we are too. that is a true hero. most-watched, most trusted, most grateful you spend the evening with us, good might from washington. i'm shannon bream. it is thursday, june 28th and this is "fox and friends first," happening right now at 4:00 at 4:00 am on the east coast of fox news alert, a battle for the bench already waging on capitol hill as democrats vowed to stop donald trump from naming a supreme court justice to replace retiring justice anthony kennedy. >> democrats want judges who will rewrite the constitution. >> the senate should reject on a bipartisan basis any justice. >> and destroy your freedom. >> democratic leadership will have hell to pay. they cannot let this happen. >> live