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tv   Americas Newsroom With Bill Hemmer and Sandra Smith  FOX News  September 3, 2018 6:00am-9:00am PDT

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>> check it out. >> see you tomorrow with more "fox & friends." >> connell: a fox news alert as we're in the final countdown for judge brett kavanaugh has he heads to capitol hill tomorrow for the first day of his supreme court confirmation hearings. good morning, everybody. i'm connell mcshane in for bill hemmer. >> molly: i'm molly line, great to be with you in for sandra smith. judge kavanaugh is expected to face tough questions from democrats on the judiciary committee who argue that grassley is keeping them in the dark about kavanaugh's past refusing to hand over records from his work in the george w. bush administration. >> there were more documents given than any person ever nominated to the supreme court.
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we'll have a hearing. there is no drama in the hearing. the only drama is those running for president and how will they handle this hearing on the democratic side. we're going to get this good man confirmed. >> molly: looking ahead at this week gillian turner live from washington with more. >> good labor day morning. a point of contention in washington today now just 24 hours out from kavanaugh's hearing the roughly 100,000 pages of record the trump administration announced it has decided to withhold. >> the first time in history this denial of access to documents violates a rule that we thought was the tradition of the senate. they're suppressing these documents. if we're lucky we'll see 6% of all of the documents that have been produced or could be produced to reflect on kavanaugh's true position on issues. >> judiciary committee republicans point out more than 2 1/2 times as many records have already been produced for kavanaugh than any other nominee in history.
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it is nearly half a million pages so far. >> the democrats have more than enough information to understand that this is a highly qualified jurist that should be the next supreme court justice. 30 years ago he would have passed unanimously. >> connell: democrats say it isn't the numbers that matter but the american people have a right to transparency and kavanaugh's complete record no matter how large it may be. judge kavanaugh is in prep sessions for his hearings. close aides and advisors grilled him on the toughest topics likely to surface. they're anticipating a grueling confirmation hearing. they're likely to use it as a vehicle to highlight their own stance. >> molly: stay with fox news this week as the senate beginnings confirmation hearing
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for judge brett kavanaugh. our special coverage begins tomorrow. >> connell: we move on to trade. president trump tweeting over the weekend about that topic warning congress to stay out of the nafta talks. here is one of his tweets saying there is no political necessity to keep canada in the new nafta deal. if we don't make a fair deal for the u.s. after decades of abuse canada will be out. congress should not interfere with these negotiations or i will terminate nafta entirely and we'll be better off. remember nafta, says the president, was one of the worst trade deals ever made. peter doocy live from the white house with more on this. tell us how the president is trying the shape the debate today over nafta. >> he is talking aim at the union boss richard trunca. >> he represented his union poorly on television this weekend. some of the things he said were against the working men and
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women of the country and tuck cess of the u.s. itself it is easy to see why unions are doing so poorly. a dem now part of the point this weekend was to be supportive of changes to nafta but skeptical until he sees more details. >> we haven't seen whole chapters of the thing. we're anxious to move forward with it and anxious to have all three countries involved because nafta has had a devastating effect on the working people of this country for the last 25 years. >> he emphasized that he wants any changes to nafta or a new nafta deal to benefit workers in all three countries, the u.s., canada and mexico. >> connell: you look at the calendar, peter. labor on labor day which is one thing. as we get after this point in the calendar from now until november you think this becomes a bigger and bigger issue ahead of the mid-terms? >> it is a huge part right now
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of the president's pitch to purple state voters. he just said this in north carolina the other day. >> president trump: i know when we're getting ripped off. the whole world is ripping us off. the stronger it is the less likely it we have a problem. i learned that -- you know when i learned that? in grammar school i learned that. i learned that a long time ago. you learned that as a little boy playing baseball in the yard, the stronger you are the less likely it is that you are going to have a problem. >> the president does not have any public events on his schedule today but that doesn't mean we won't hear from him. >> connell: that's always true. peter, thanks. now this. >> i supported jeff sessions when he was nominated. i certainly voted for him and i think he is doing a good job. >> do you think there is any reason for the president to remove him? >> he has constitutional ability to do it.
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would it be politically wise? i don't think so. >> molly: dan sullivan commenting on attorney general jeff sessions' uncertain future. president trump has blasted him for recusing himself from the russia investigation as well as what the president calls sessions's failure to take control of the justice department. byron york, thank you for joining us on this labor day. we appreciate it. kicking things off. this is something in the news a lot lately. what is jeff sessions' fate. just weeks into his tenure as the attorney general the president was pushing back and he stayed and stayed and stayed and now it seems like after the mid-terms that could be the end of the road. your thoughts on jeff sessions' future? >> the president has made it clear he is sick of jeff sessions for quite a while now going back to march 2017, the day sessions recused himself
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from the russia investigation. sessions is still here and the reason for that is the united states senate. you just heard senator sullivan talking about it and basically sessions worked in the senate, served in the senate for 20 years. his old colleagues there, republicans who control the senate, have basically told the president until recently that they did not want him to replace jeff sessions and basically the message was if you fire the attorney general, you'll have to get a new one and the only way you can do that is through senate confirmation and we're not really in the mood to do it right now. and amazingly enough, the president has not fired jeff sessions. >> molly: certainly the senate has a busy week ahead they probably wouldn't be getting it done at least in the short time here as they look towards the mid-terms. you talk about the senate, the loyalty that jeff sessions had achieved over his many years there and the friendships he has. despite that it seems to a certain extent there are some
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congressional leaders, senator lindsey graham, there seems to be a shift. the president should have someone he has confidence in. your thoughts on that shift that we're beginning to see in the lawmakers in washington >> there has been a change in the attitude of some republicans toward president trump firing jeff sessions. you have to remember that other than the russia matter, jeff sessions has made a lot of republicans really happy pursuing a trump agenda at the justice department on drugs, crime, immigration, and other issues. so they are actually happy with the job he has done. but it was very important recently to hear senator lindsey graham, a member of the senate judicialary committee and goes and plays golf with him and has heard the president complain about jeff sessions. senator graham came out and said that this is a dysfunctional relationship between the president and the attorney general.
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it is time that a change was made. and this is essentially a member of the judiciary committee giving a green light to the president to fire the attorney general. >> molly: there has been significant speculation about what the attorney general jeff sessions, if he leaves what that could mean. what does it mean for the mueller investigation and what is the president's intention? all the questions democrats have been hard of those types of issues talking about what it could mean for the future. a little peak past the mid-terms. let's say the attorney general either resigns or let go by the president. what does it mean? does it have an effect on the mueller investigation? >> we actually don't know. we've heard the president say many times in some of these rally speeches that he gives that he has been staying out of intervening in the whole russia matter, but he kind of reserves the right to do so in the future. one of the reasons republicans don't want the president to fire the attorney general is they believe that will be
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widely viewed as the first step toward firing the special counsel robert mueller and the trump/russia investigation. that would cause a huge firestorm that republicans certainly don't want that between now and november when they are up for reelection. but whether firing sessions would actually be the first step in getting rid of the special counsel is not known or whether the president is just so irritated at jeff sessions every single day that he wants to get rid of him. >> molly: i want to talk just about the attorney general himself. this tremendous pressure and yet he continues moving forward to the extent that -- gets some praise from fellow republicans, other lawmakers on the hill that he is succeeding to a certain extent and enhancing the president's overall agenda. how does he keep going head down despite these ongoing attacks from the president? >> i don't know. he must be doing yoga or meditating or something. he seems to have insulated
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himself from a lot of the president's pressure. although he made a public statement the other day saying his decisions would not be affected by politics at all, which was in clear response to something the president was saying at the time. but jeff sessions came into the job of attorney general with a clear agenda. he had been working in the justice department and in congress and on the senate judiciary committee for many, many years. he knew some things that he wanted to change inside the justice department. again, on issues like crime, like drugs, like immigration. and he has focused on those ever since his recusal from the russia matter. >> molly: thank you so much, byron york. >> connell: we move to a fox news alert. alarming words coming out of iran amid heightened tensions between tehran and washington what iran's supreme leader is
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requesting from his country's military. >> molly: tropical storm gordon is closing in. >> connell: bullets fly outside a racetrack in southern california. why authorities say a deputy had to open fire on a man just outside the entrance. >> just kept watching. nobody was -- no panic, nothing. it was just everybody was watching. but do you take something for your brain. with an ingredient originally discovered in jellyfish, prevagen has been shown in clinical trials to improve short-term memory. prevagen. healthier brain. better life. and it's also a story mail aabout people and while we make more e-commerce deliveries to homes than anyone else in the country, we never forget... that your business is our business the united states postal service. priority: you
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>> molly: at least 10 people were shot at an apartment come flex in san bernardino, california. three of the victims are in extremely critical condition. officers say it started with an unruly crowd last night in a common area at the complex. so far no arrests have been made. police say there was gang activity in the area but it wasn't clear if that was connected to this shooting. >> connell: fox news alert now as iran's supreme leader is
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calling on his military to bolster defenses while at the same time down playing the possibility of war. comes after the country recently announced plans to increase its ballistic and cruise missile capacity. now the retired four star general jack keane chairman of the institute for the study of war and fox news senior strategic analyst. general, good to see you and before we talk about what all this might mean, maybe we should just ask what he was talking about there. it seems like conflicting statements to say at one hand say the country has to bolster military and the other hand no chance of going to war. >> last week they were shutting down the straits of hormuz, the major oil pathway in the middle east that fuels nations around the world. what's really happening here is that the leadership of the iran regime is trying to deflect the major problems that they're having internally by trying to blame things on the united
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states. for the first time in the almost 38 year history the people aren't buying any of that. and what's happening inside of iran is that the economic situation is clearly worsening. civil unrest is growing by the week. international isolation is increasing. and when you look at it, the economy is tanking. it is starting to take on some of the aspects of venezuela because the currency is in total freefall. inflation is spiraling out of control, there is power outages that happen on a weekly basis, sometimes daily. and food shortages are starting to show up to the point where the people are being affected on a daily basis. so there is dire situation in iran that they've not seen before to this degree in their 38-year history. >> connell: it's interesting. they've been hit with sanctions from the trump administration and more to come from what we
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understand in november. but how close from people you speak to or your own analysis is iran to some sort of breaking point that would put the regime in real jeopardy? >> i don't think anybody can put their finger on that. what's different is the -- how pervasive the civil unrest is and how common the cause is. when they were in the streets in 2009 that was about a fraudulent election. this is about everybody's quality of life experience that they're having and that's what binds that civil unrest together. what's brought this about is clearly iran had economic problems before because of the sanctions that we and the world had imposed on them until the nuke deal. those sanctions were removed. what they did, connell, they got billions of dollars. as opposed to using that money to stimulate their economy and get it going again. they hoarded it and gave it to
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proxies in syria, yemen and other areas to help with the wars and the people are frustrated with it. they're on to what the regime has been doing. >> connell: they aren't fooled by it anymore. president trump now, if you were advising him, what should his next move be? he said a month or two ago he would be open to meeting with iranian leaders without any pre-conditions. is that a good idea? is that some sort of position he should change or what should his next move be? >> there is a real possibility of something like that happening or at least some kind of negotiation to take place. >> connell: it's a good idea? >> yeah, no doubt about it. of course. but here is why it's likely to happen. because now we're imposing sanctions on the iranian regime. businesses inside iran that are shutting down and others that are going to be sanctioned if they do business with iran, next month in october -- in november what you mentioned in
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the introduction, is when the oil and energy sanctions kick in. and that's going to strap them even further. and as the economic noose tightens they'll see the only relief option that's available to them is some kind of negotiation with the united states. they don't want to do that. they don't want to do that but they're likely going to be forced to do it. >> connell: it will be interesting to see how europe reacts to all this with the oil and business part of it. that also plays into the trade negotiations that we expect to happen with europe. how europe interacts with iran. how do you think they will? >> europe is still doing business with them, the e.u. is trying to encourage the european nations to continue to do business with iran. they don't want iran to default so to speak. they want to stay in the nuclear deal, which the other signatores are except for the united states. but what is likely going to happen.
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it takes time to come to fruition. those countries got a choice. will i do business with a $400 billion economy which iran is, or close to $20 trillion economy which the united states is. i think we know what the likely decision will be. there are more shoes to drop as european companies stop doing business with iran. >> connell: that's a pretty easy decision you would think. thanks for coming on. >> molly: priceless artifacts dating back centuries destroyed when a massive fire rips through one country's national museum. what caused it? >> connell: michael cohen's attorney lanny davis on why he says he is to blame for the controversy over the disputed cnn story on a 2016 trump tower meeting. >> this is a lesson, maybe a teaching moment. don't even float stories on background which are our expression unless you have a certainty of the facts.
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>> connell: as massive fire in brazil. lighting up the sky last night sending up large plumes of smoke. the flames destroying artifacts that date back for centuries at the national museum in northern rio. firefighters working through the night to put it out. the losses are too great to be calculated. nobody was injured and authorities don't yet know what caused the fire. >> molly: today marks the unofficial end of summer. it is also one of the top travel times of the year causing pain at the pumps and gas prices at the highest levels in four years. laura engel is here with the story. how many people are expected to hit the road today? if you head out on the highways this labor day weekend you
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won't be alone. as summer winds down, millions of cars are expected to be on the road today. this summer has already seen an up tick in travel. many experts point to the booming economy and low unemployment rates for the increase in vacationers. 35 million americans will be traveling over 50 miles this weekend which is a 5% increase from last year. 16 1/2 million of those will be airline travel which is up 3.5% from last year. >> summer is synonymous with vacations. a pastime people don't want to give up. when the economy is performing better and people have more change in their pockets they're inclined to spend it on travel. >> molly: labor day is the fifth most traveled holiday each year with the end of year combination of christmas and new year's topping the list. >> molly: the price of gasoline is higher than normal for this year but it is expected to drop, right? >> that's right. this weekend began with a
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highest gas prices for a labor day holiday in the past four years with the national average of 2.83. it is expected to go down to 2.70 per gallon with lack of demand after the summer, and the switch to cheaper winter blend gasoline. businesses are looking forward to high consumer confidence and low gas prices as we head into are you ready? the holiday spending season. because i didn't invent this number, we're only 16 weeks away from christmas, molly. had to say it. >> molly: so many things to keep up on. i learned something, a winter blend. i didn't know. good to know. we're getting ready for the winter blend already. thank you. >> connell: fox news alert. a tropical storm formed overnight headed for the gulf of mexico. how will this affect gulf coast states? >> molly: senate democrats angry about what they say is a
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lack of transparency from the trump administration ahead of tomorrow's supreme court confirmation hearing for judge brett kavanaugh. >> the point i'm going to make, this is not normal. you have a nominee with excellent credentials with his family behind him. you have the cameras there, you have the senators questioning, but this isn't normal.
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this week. tim o'brien is an attorney covering the supreme court for two decades. he is also the author of "murder at the supreme court" landmark cases and crimes. intriguing read. today we'll talk about the hearing up ahead this week. kicking things off, we just heard from amy klobuchar talking about a lack of transparency. do you agree with her in any sense? >> not really. these documents are protected by executive privilege. it is the bush administration, the last -- president bush who said he didn't want them released. it would be nice to have them but what you really need to look at are his past opinions, how thoughtful they are and scholarly they are and i think that's enough. >> molly: there is a significant amount of information that is available. bill burke, the president for former george w. bush explained to the senate judiciary committee why some of the paperwork was being withheld. they are deliberations
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concerning the selection and nomination of judicial candidates. meanwhile there are more than 440,000 documents in total that are available for looking over. this is another democrat, dick durbin, the senator who had something similar to say. >> they are suppressing these documents. if we're lucky we'll see 6% -- 6% of all the documents that have been or could be produced to reflect on kavanaugh's true position. >> molly: there truly is a voluminous amount of paperwork. if staff members were trying to comb through it all. do you think the paperwork will give democrats and republicans that will be questioning judge kavanaugh in the week ahead enough information to get started on his views? >> this is an argument that will go nowhere. it won't win over any republican votes. this nominee barring some extraordinary exposure about
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his personal life will sail through. democrats are upset. a mom meantous turn in the court. conservatives have been looking for this for 50 years when richard nixon was elected president in 1968. the last president to campaign on the supreme court. legal scholars will tell you there is a pendulum that swings ideologically. conservatives have been waiting for this swing for a long time. it just hasn't happened. conservatives will have a lock on the court similar to the lock that liberals had in the 1960s. if there is anything surprising about this at all, it's that it didn't happen sooner. democrats went 25 years -- 25 years without a single appointment to the court. so it is surprising it didn't happen sooner but the fact that it's happening now is of great concern to liberals and democrats. it will be a new world at the supreme court. >> molly: judge kavanaugh if confirmed is fairly young for a nominee, just in his early 50s. here is senator ron johnson, a
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republican. >> a long record, 12 years on d.c. circuit court bench. 300 decisions. the democrats have more than enough information to understand that this is a highly qualified jurist that should be the next supreme court justice. >> molly: he talks about some things that are available and considering we're talking about someone that is fairly young entering this process. the amount of information, the amount of documents that this long history he has had as an attorney working for a prior administration. i mean, combing through all of this, republicans seem like very confident heading into the week ahead there is a tremendous amount of information out there, plenty to be able to present his philosophy and to give a good idea of that. >> that's not surprising. the fact is this will change the court and democrats, as would republicans, will do anything they can to defeat this nomination.
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ever since the confirmation fight over robert bjork the rules have changed. anything you can do to prevent this seismic shift democrats would do. we saw republicans do it a few years ago with the nomination of merit garland. >> molly: is there anything the democrats can do to stop it? they don't have the numbers alone. they would need at least one republican. is this -- is there any drama here? >> well, i think there will be some dramatic speech-fileing. the outcome is pretty much assured. the democrats' best hope is to delay it until after the election giving red state democrats an opportunity to vote their conscience and vote against the nomination. if there is any way they could delay it beyond the next election and win the senate, then you would have the bloodbath i was describing earlier. that's a fairytale. the likelihood of that happening is very slim.
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>> molly: an interesting thing ahead tim, o'brien. thanks for joining us. >> connell: we move out west with the fox news alert. a police-involved shooting in san diego. authorities identifying a man they say fired a gun just outside a racetrack last night. according to what the police are saying 22-year-old suspect was upset that he was not able to get tickets to a concert. jeff paul live from our west coast bureau. what exactly happened, jeff, do we know? >> the shots going off during a busy holiday weekend at the del mar fairgrounds. we have video where you can hear the gunfire as the crowd is moving around the outside area of the racetrack. listen. now, deputies believe the man who was shot 22-year-old was at the fairgrounds to buy tickets for an ice cube con ert. when he was told there were no
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more tickets available an argument started. deputies came to the scene and that's when they say he pulled out a silver plated semi automatic handgun and started firing into the area packed with people. the man they say was shot by deputies. this all happening while a horse race was going on at the track. >> there is gunfire at the track. there is gunfire at the track. there is gunfire at the track. >> the man who was shot was taken to the hospital and is expected to survive. we're told no one else was hurt. connell. >> connell: even the video you showed a minute ago. there are a lot of people in the area. anything we're picking up from witnesses? >> a spokesperson with the del mar thoroughbred club released a statement saying they take consolation in the fact that no patrons, officers or security personnel were injured and credited private security and local law enforcement for keeping everyone safe. the concert moved on as planned and those who were there say
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thankfully it didn't impact their night out. >> it happened so fast there was a thousand people but yet it did happen. it was taken care of, san diego did a really great job getting everything together. >> we just kept watching. nobody -- there was no panic, nothing. it was just -- everybody was watching the race. >> connell: the final race day is today and will go on schedule despite the shooting. >> connell: a terrible story that could have been worse. >> molly: search is underway for four people missing after the collision of two boats in the colorado river in arizona. authorities say two boats crashed head on into each other throwing all 16 passengers from both boats into the water before the boats sank. many of them were rescued by nearby boaters. nine people were injured. >> connell: the new york governor andrew comeau making an announcement for victims of
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hurricane maria in puerto rico. how he plans to take on the trump administration once again. >> molly: a lawyer for president trump's former attorney walking back a bombshell claim about the president but the fallout is far from over. >> i blamed myself for not being more clear that in my mind i did not know the details about that meeting. and i should not have encouraged any reporters. ♪ ♪ ♪ ♪
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(vo) check your rate at >> molly: new york governor andrew cuomo telling a church congregation he will help families sue president trump after hurricane maria devastated puerto rico last year and new york state stands ready to help.
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>> we're going to hold team trump to the constitution of the united states and the constitution says equal protection under the law. puerto rico did not receive equal protection under the law. >> molly: no immediate details about his plan nor did the governor take any questions about it. >> connell: a lot of attention, michael cohen's lawyer, lanny davis, taking the fall for a controversy over a cnn report. he says he blames himself after the network ran a story about cohen knowing that president trump had advance knowledge of that trump tower meeting with a russian lawyer offering dirt on hillary clinton back in the campaign. here he is on "media buzz". >> i took this responsibility because i was unsure about the issue of the trump tower meeting and i thought that
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there were other people that could have been in the room and that it was up to journalists to go look at that. >> connell: let's go to former white house chief of staff to president george h.w. bush john sununu. thank you for joining us here on labor day. on this particular topic, what do you make of how lanny davis has been around washington for years and years is handling himself now? >> look, this story gives great insight into the spin machine that the clintons and the obamas have developed over the years. they want to put something out whether it's true or not. they create, first of all, a network of people that will confirm the story to the press. people who may really not have any idea what they are going to confirm but having been primed by the likes of lanny davis are ready to give the nod when the
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press contacts them. lanny is doing what brennan did with the dossier when he went to reid, clapper did, what the whole process that now has created the investigation was built on. so lanny got burned by not doing it as well as he usually does. but in trying to exonerate cnn he is making himself look more foolish and cnn, by the way, i am absolutely sure, knows what's going on when they do this but they got burned especially on this story because the cnn reporters led by bernstein lied when they said that lanny davis declined to comment on the story and put that into the original story. >> connell: that was part of the original story saying he declined to comment. he was the source or one of a number of sources. and that governor is what makes this story -- >> let me emphasize, when you say one of a number of sources, he is one of a number of
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sources that he created before the fact just to have those sources there for cnn. this is the process they do. >> connell: that's what i wanted to ask you about the process. you know from being in government how all of this works and how stories sometimes get in the news through anonymous sources and all a rest of it. what is a little different about this in the past when something like this happens, the news organizations behind it issues a correction, maybe an apology and moves on. cnn isn't doing that in this case because to the earlier point he started to talk about this thing they have other sources. so it's tough for us to look in from outside because we don't know who those sources might have been. you are saying in your view they were planted there by lanny davis in the first place, is that what you're saying? >> yeah. look, cnn is being absolutely irresponsible on this because the prime source for an issue like this is either cohen himself or his lawyer.
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and when his lawyer says it isn't true and when the lawyer speaks for the client and says it isn't true, there can be no better or corroborating source that would undo, if you will, the accuracy of that. >> connell: there is a wider issue in all this as well. trust and what is reported from -- by media organizations in general. in this case we're talking about cnn. in general the president should know he has gone after the media on a number of occasions. a story like this adds more ammunition, right? >> cnn plays into the president's hands with this story, their story on scaramucci, their story on -- claiming that donald trump junior knew about wikileaks when the people who leaked to cnn forgot to put the one in front of september 14th and cnn thought that multiple leaks
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were telling him it was september 4th. that kind of a mistake gives evidence to the kind of network that's built up to give false support to these kinds of leaks. >> connell: meaning -- do you give any percentage chance there is any chance maybe this story is true and there are other sources or have you completely ruled that out? >> look, i've learned in life that everything has a chance but if you want to go and make some money and bet against cnn's accuracy you'll make money all the time. >> connell: thanks, good to see you today. thanks for coming on. >> molly: we're on tropical storm watch with a fast-moving storm headed toward the gulf coast. adam is on deck tracking it all. that forecast next. liberty mutual accident forgiveness means they won't hike your rates over one mistake. see, liberty mutual doesn't hold grudges. for drivers with accident forgiveness
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>> molly: pennsylvania governor tom wolf are helping communities recover after a series of punishing storms forced water rescues and evacuations. two counties declaring disasters. flooding has damaged roads, bridges, homes and other critical infrastructure. the department of transportation is deploying road crews, engineers and inspectors to assist the recovery. >> connell: another fox news alert for you now. tropical storm warning in effect for the gulf coast from louisiana right up to the edge of the florida panhandle. this as we keep a close eye on two other systems that are brewing in the atlantic. let's get to our meteorologist tracking it for us and joins us from the fox news weather center. >> update came in the last several hours this morning. it was a tropical wave, now tropical storm gordon sitting off the coast of southern florida. there is your little center of rotation, the heaviest rain running through areas of miami. a big rain producer widespread
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across portions of southern florida, 2 to 4 inks and flood warnings in place. across southern florida today into the afternoon hours moving back out into the gulf of mexico tonight. that's the timing with this. that's why you are going to see some of these tropical storm warnings along the southern florida coast and then it moves back into open water and eventually moves across the gulf. you'll see it eventually bringing some storm warnings there into portions of louisiana coast over towards mississippi. all spots that could see some effects with this storm. here is your future forecast. i'll put it in motion for you. it seems messy there. there is your center of rotation. begins to move out already by the time we get into the overnight hours tonight. you are past florida already clearing back up in south florida for tomorrow. then you move back out into open water. when do we expect it to approach the northern gulf coast? that gets into late tuesday, early wednesday morning. that's the time frame for that particular system. the heaviest rain will fall then. not expecting it to get any
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stronger than it is. winds 45 miles per hour as it moves back out over the gulf of mexico eventually running along the northern gulf coast there. also as a tropical storm. we aren't expecting it to become a hurricane. winds will be around 45 miles per hour. it will be a rain maker for a lot of these areas and will continue to be. so the motions -- the potential tracks of this, these are spaghetti plots. you do see pretty much in line with this moving across the gulf of mexico, running there close to louisiana, stretching over there towards the northern florida gulf coast also but the track of this has continued to maybe strengthen a little bit. i'm not expecting a lot more. rain will be the main concern with this one and something we're really focused on. 2 to 4 inches in south florida today getting into early wednesday morning. 4 to 6 inches on the gulf coast. >> connell: thank you, adam. >> molly: president trump warning congress to stay out of trade talks with canada ahead of renewed negotiations with
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>> molly: anticipation is gathering on capitol hill. we're just one day away from bret kavanaugh's first confirmation hearing for the supreme court. i'm molly line in for sandra smith live inside "america's newsroom." >> connell: i'm connell mcshane filling in for bill hemmer. sparks will fly as the president's pick for the
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supreme court will sit down in front of the senate judiciary committee. that will be tomorrow. democrats still upset over documents being withheld by the white house. >> molly: south carolina senator lindsey graham told "fox news sunday" that confirming kavanaugh is a no-brainer. >> a lot of people should vote for judge kavanaugh. if you are looking tore a republican president to pick a qualified conservative he would be on the top of anyone's list including not just donald trump. he is the one person i think every republican president would see as the most qualified of their generation. >> connell: let's get to gillian turner live in washington so tomorrow, gillian, is the big day. what's on judge kavanaugh's docket today before the big hearing? >> kavanaugh spent much of the past week in prep sessions for the hearing known as murder boards where close aides and advisors are grilling him on the toughest topics likely to
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surface and anticipating a grueling hearing for him in raw makers in attendance who are eyeing presidential bids in 2020. they're likely to use their questioning as a vehicle to highlight their own stance on president trump's policies. if confirmed he will preside at a time during which the court may have to confront both issues. >> he comes before us at a times when people are concerned whether this president or any president is above the law. >> capitol hill insiders are reiff with predictions if the democrats retake the house in november they may start impeachment proceedings. >> connell: what about official washington what's the focus the final day before this hearing? >> still a major point of contention today just 24 hours out now the roughly 100,000 pages of records the trump administration announced it has decided to withhold.
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>> the first time in history this denial of access to documents violates a rule that we thought was the tradition of the senate. if we're lucky we'll see 6% -- 6% of all of the documents that could be produced to reflect on kavanaugh's true position on issues. >> judiciary committee republicans point out more than 2 1/2 times as many records have already been produced for kavanaugh than any other nominee in history, nearly half a million pages and counting so far. >> democrats have more than enough information to understand this is a highly qualified jurist that should be the next supreme court justice. in an earlier time 30 years ago he would have passed unanimously. >> connell: democrats insist it isn't the numbers that matter. they say the american people have a right to transparency and to see all of kavanaugh's complete record no matter how voluminous that may be.
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>> connell: molly. >> molly: the outgoing commander for u.s. and nato forces in afghanistan believes now is the time to end the war in afghanistan. general nicholson, in charge for the last 31 months, says it is on the taliban to make it happen. >> the taliban, i say you don't need to keep killing your follow afghans. you don't need to keep killing your fellow muslims. the time for peace is now. the entire world is encouraging you to accept the offer of a cease-fire and enter into peace talks. >> molly: let's bring in lieutenant colonel scott mann. starting things off you had a chance to listen to the four-star general departing, john nicholson, he has called
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to an end of the war. how unusual is this as a departing message? >> well, first of all i want to say a special thanks to general nicholson for giving 31 months of his life and more than that really to this campaign. i think it's a somber reminder there is still a fight going on in afghanistan. i think if you listen closely to his words, what he is calling for makes a lot of sense. for the taliban to come in and stop the fighting and also for the leaders of afghanistan to step up and take the reins. i don't think he is calling for an exit as much as he is for the outcomes that we all want to see and wanted to see for the last 17 years. it is just time we really focus in on trying to get there. >> molly: as a commander, he made it very clear in this kind of outgoing final message. he names the first and last american soldier killed under his command. we have a graphic.
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some 2,268 u.s. military deaths in afghanistan even today. still a very dangerous place. consider the engagement continues and he clearly -- this has weighed on him. your thoughts as this element, as he begins -- as he heads off after this journey. he spent 31 months there at the helm. >> absolutely. honoring those men and women who have fallen is to never stop doing. we have a lot of our sons and daughters over there fighting right now. we recently lost more warriors over there. general scott miller going in behind him and equally capable commander. the nation is fortunate to have these leaders coming in back-to-back. the fight is still raging over there and we really cannot afford an unchecked safe haven in afghanistan. it is hard to be in this thing 17 years later but it is a
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process that requires us to stay engaged and keep building capacity over there. it will be hard. >> molly: you mention the incoming general austin scott miller. let's listen to what he had to say. >> the world recognizes it cannot fail. i know this has been a long fight and it has been generational. for us, for the afghan people. i understand the reason we're fighting and i know where we're here. i know terrorists seek safe havens to export more murder and attack the innocent and threaten everybody's way of life. >> molly: he sends a message afghanistan cannot be a safe haven for terrorism. so when we see the-out going commander saying it's time for this war to end the incoming commander making it clear that won't be the case and that there is still a job to be done. that we won't walk away if there is still work that has to be accomplished. >> look, molly, not only do you
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have al qaeda still festering in afghanistan now you have isis as well. these two terror groups are absolutely bent on projecting violence into the west and the united states. so general miller is right and nobody understands better how to approach that and denial of sanctuary than him. not only on the lethal side but i talk about general miller in my book, the bottom-up approach that green berets and others, he let that effort as well. he understands it and i hope our politicians and policymakers give him what he needs to push this thing forward. he knows how to do it. >> molly: what does this transition mean going ahead for afghanistan, for our troops? >> well, it has the capacity -- it has the potential for capacity building, molly. that's really the answer here is that for the afghans to stand up on their own the same way in places like columbia where we've worked for decades to help them stand up and worked in the philippines to
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stand up against lawlessness and insurgency it takes time. what this transition represents is the opportunity to continue to build capacity at the afghan government level but also out in the outlying villages and with the military. it is a slow go, two steps forward, one step back kind of process but it is absolutely necessary and general miller understands that and he is the guy that can lead that forward. >> molly: how do we move ahead? where will success be found? we see the outgoing general talking directly to the taliban. incoming general also doing that in a sense saying it won't be a safe haven for terrorism. talking to the people of afghanistan, to all these various factions making things more challenging. how do you find the common ground? how do we bring that together and end all of this? >> well, i think any leader in afghanistan would like to see the taliban give up the fight, give up the insurgency. but at the same time we have very hard core global terror
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groups inside that country, molly. isis, al qaeda. those are going to have to be rooted out. while you are going to see, i think, some surgical targeting and a continuation of that like you've seen in syria, the other result won't be a ticker tape parade or a declaration of victory, right? what it is going to be is an incremental movement toward capacity building where more and more the afghans can stand up on their own in the government but also community level. i talk about this in my book game changers. those communities have been decimated for 40 years. and just helping build community resilience from the bottom up with our special forces, green berets, it will take time. it took a long time to break it and it will take a long time to put it back together. it will be slow and incremental but we hope to see afghan's standing up for themselves more and more as this continues. >> molly: thank you for your service and thank you for your insights today.
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>> have a great labor day. >> connell: all right. topic now, fox news alert on trade as president trump really blasting canada over nafta with the trade talks set to resume wednesday. the president vowing to negotiate better terms for the united states calling the 25-year-old agreement, quote, one of the worst trade deals ever made. here is the presidential tweet on the topic. we shouldn't have to buy our friends with bad trade deals and free military protection. let's bring in virginia congressman dave brat a member of the freedom caucus. thank you for your time here on labor day. we appreciate that. you know, why -- what do you make of the president's tough stance with regard to canada willing to go ahead with a new nafta deal without the canadians on board? mexico only. one of our friends and allies, canada. the president is being tough. >> he is fulfilling his pledge.
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i'll take care of the american worker. that is what comes out of the mexico negotiation. there is nothing near free trade in any of this. the ultimate goal. larry kudlow said is to get to no tariffs and free trade. when you look at the negotiation with mexico. sector and sector, wage rate in each sector. wage rate for each part. there is no free trade to any of it. and so the best part of this is the american people are seeing the lobbyists and special interests, of course, have powerful money interests to get their way. if you're big up there you can lobby to have your piece of the trade deal negotiated your way. that's why we want free markets so you don't have the political corruption buying off certain sectors. we're moving in the right direction but it's tough. >> connell: you brought up the american worker. there has been debate about the american worker here over the last couple of days. the president has gotten involved in that. one more specific question on
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canada. the latest numbers i believe we have come 2016 showing the u.s. with a 12 1/2 billion dollar surplus with the canadians. the president cites the trade deficit. whether it's the best measure or not. the president has used it a number of times and not an issue with canada. why go so hard after them? >> i think it's just disparities across the board that we're talking about. we want to have fair rules across the board so we don't have to continuously be renegotiating all these sector by sector deals. when it comes to the american worker, what has been left off, the mainstream media doesn't capture. we grew at 4.2 gdp growth last quarter. what's the result there for the kitchen table? folks, my democrat opponent wants to get rid of all the tax cuts and put in place tax increases to support ending medicare as you know it. wal-mart shoppers, 100 million retail shoppers at wal-mart broke retail records last week.
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that's unbelievable evidence that we are taking care of the american worker. the democrats spin it because they have nothing else to do. they go negative on you because the overwhelming objective news is all good. every consumer sentiment, business capital investment through the roof. african-american, asian, hispanic unemployment rates at record low. it is great news. >> connell: good numbers, macro numbers are good and it was the basis for this debate i alluded to a couple of minutes ago. the head of the afl-cio was on with chris wallace on "fox news sunday" yesterday. president trump has responded to his comments. let's listen to him. >> when he was elected i said i would call balls and strikes. when he did something that was good for workers we'd support him. when he did something bad for workers we would oppose him. unfortunately, to date the things that he has done to hurt workers outpaced what he has done to help workers. he hasn't come up with an infrastructure program that could put a lot of us back to
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work. he overturned regulation that would actually deny over 5 million people overtime that they would have had. he overturned some health and safety regulations that will hurt us on the job. >> connell: more bad than good is his point. the response from president trump before i get your take on this comes via twitter where he says the head of the afl-cio represented his union poorly on television this weekend. some of the things he said were so against the working men and women of our country and the success of the u.s. itself that it is easy to see why unions are doing so poorly. he ends the tweet with a dem exclamation point. your take. >> well, trump's comments are not objectively true. i did a ph.d. in economics. if you want to talk about the worker the main thing that lifts the worker on their incomes and all the variables that go along with it that we want education and infrastructure is gdp growth. new don't believe it look at
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china and india. they are moving toward free markets, growing at 7 to 10% and their people are thriveing. when i started teaching they are up to $10,000 due to free markets. this man is talking about narrow inside democrat talking points not economic evidence. gdp growth pays for everything. >> connell: how much would a trade war -- more broad question if it were to break ut more than it has already particularly with the chinese, cut into that gdp growth that we have? 1/2% or how much would it hurt us? >> everything i've read is less than 1/2%. the democrat proposals tax increase that would double the personal rate and corporate rate for medicare. that's never covered.
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the democrat proposals would put you not into a recession but a depression. then they want open borders. what does that do for the worker? wage rates down. you get rid of the tax cuts and the record unemployment rates go away. so that's the real contrast in the big numbers. the trade piece is a short run dispute that is 3 to 6 months in order to get long-run economic growth. and that's the -- >> connell: that's the debate whether the chinese can last longer. we'll get into that on a longer day. an interesting economic discussion. thank you for coming on. enjoy what's left of your holiday weekend. we appreciate it. >> will do. off to the parades. thanks. >> molly: a shocking new report saying doctors may have figured out what's behind the mysterious illnesses of dozens of u.s. diplomats stationed at the embassy in cuba. >> connell: could nancy pelosi retake the gavel in november if the democrats succeed in reclaiming a majority in the house? why some in her own party are saying not so fast.
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>> molly: is apple's self-driving car ready for roll-out? why the project may still be a long way from market ready. if you have psoriasis, ... little things can be a big deal. that's why there's otezla. otezla is not a cream. it's a pill that treats moderate to severe plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla . it may cause severe diarrhea, nausea, or vomiting. otezla is associated with... increased risk of depression. tell your doctor if you have  a history of depression or suicidal thoughts,... ...or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be.
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>> connell: a new report saying scientists have detected a possible reason behind the bizarre and so far unexplained brain injuries suffered by u.s. diplomats and their families both in cuba and china. here is the headline from "the new york times." microwave weapons are prime suspect in ills of u.s. embassy workers. we have more on this story. garrett. >> these attacks on our diplomats have baffled investigators. they started in cuba and hit earlier this year in southern china. in total more than two dozen u.s. diplomats suffered dram traumatic brain damages and subtle sensations of sound and pressure. they suspected sonic attack. now they believe microwave weapons are responsible.
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microwaves can trick the brain into perceiving sounds and the symptoms from those attacks are very similar. nausea, headache, hearing loss and other cognitive issues. but the microwave theory could also explain why not every victim reported hearing strange noises which the a.p. previously reported sounded like this. despite these new reports pointing towards microwaves a state department official tells us the investigation into the attacks is ongoing. >> connell: crazy story. it's interesting because i'm sure there are many theories out there who might be behind this. do u.s. officials have any idea whose work this is? >> not that we're aware of. initially a number of lawmakers suggested that russia was the likely culprit. russia does have the technology to carry out these kind of attacks but not clear they did so in these cases. there have been multiple
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investigations, very few answers. after the attacks on u.s. personnel in china and cuba, those governments conducted their own investigations both turned up empty. the f.b.i. has been investigating the attacks for more than a year and a half. earlier this year the state department created an interagency task force to respond to the unexplained health symptoms. at this point u.s. officials aren't sure what caused the injuries or who is responsible. >> connell: scary and strange stuff. molly. >> molly: house minority leader nancy pelosi coming under fire within her own party. one lawmaker says it's time for democrats to find new leadership. >> connell: remembering senator john mccain as he is laid to rest at the naval academy in annapolis. >> he tried to drain the swamp before it was cool. that you can fight hard and still be respected, why do we remember this man? because of the way he conducted his public life. senior-living referral service.
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>> connell: family and friends saying final goodbyes to senator john mccain yesterday in annapolis, maryland. he was laid to rest at the u.s. naval academy cemetery. he was buried next to admiral chuck larson. his classmate and friend. we have more this morning. lucas. >> senator mccain returned to where his navy career began in the summer of 1954. more than 1,000 midshipmen attended the private service inside the chapel all volunteered to pay their respects over the three-day weekend. hundreds more lined the streets as mccain made his final journey home to the small six acre cemetery on the naval academy campus. procession led by jim mattis. in a statement he said senator john mccain, a man whose name alone provides a better description of a patriot than all the words in a dictionary's
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definition. everything i love about america is resonant in this man. for f-18 super hornets, a fitting tribute to the formal navy aviator and u.s. senator from arizona. senator mccain's father and grandfather and graduates of the academy are buried at arlington national cemetery, not annapolis. an example of senator mccain doing things his way. general peyton manning, lindsey graham and jack mccain gave tributes. one of the pall bearers became the first pilot shot down in 1964 remaining a prisoner in north vietnam for eight years. mccain wanted to be buried next to his friend and classmate chuck larson. he led the school in 1994 following the worst cheating scandal in naval academy
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history. he was head of all u.s. forces in the pacific at the time. yesterday also marked the anniversary of japan's surrender where mccain's grandfather stood to witness the end of world war ii. he died four days later. >> connell: wanted to be next to his friend. lucas tomlinson at the pentagon. molly. >> molly: house leadership being called into question by ohio congressman tim ryan says it's time to move on from current minority leader nancy pelosi. >> i think we'll need new leadership. >> are you the guy to do it? >> i'm not closing the door on it but time for us to move in another direction. i thought it 18 months ago and again today. if we reach out to the independent voters, i think we do need some new people going out to make the case. >> molly: joining me now to discuss this is antjuan seawright. former senior advisor to the
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hillary clinton campaign and christopher metzler. gentlemen, thanks for joining us. we appreciate it on this labor day. so kicking things off, of course, tim ryan we heard spoke. he has previously challenged nancy pelosi in the past and a little hesitant to say he will do it in the future but called for new leadership. as we made closer to the mid-terms we see a number of democratic candidates distancing themselves from np or outright saying we need new leadership in washington i want to start with you regarding that. do you think it's a good strategy as we get closer and closer to the mid-terms? >> i think tim ryan is one of the loud voices who are distancing themselves from leader pelosi. i think that number will probably continue to grow as we get closer to november. i caution my democratic friends
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about having these pre-mature conversations before we get through november. the leadership elections will happen after the primary election. therefore it's most important for them to focus on being united going into the mid-term elections because these will be the most consequential mid-term elections of our lifetime. losers don't legislate. if we do not win in november all this noise about what leadership looks like and doesn't look like will mean nothing in the end. >> molly: christopher, a common strategy we see in elections frequently. you take the local candidate and tie them to the national party whether it's president trump or nancy pelosi. now as we watch some of these races, we've seen a lot of the candidates have tied themselves to president trump intentionally and it has worked out for them successfully on the republican side. do you think that is the strategy that is working for the gop? >> oh, it absolutely is the strategy that's working for the gop. being sure that they are
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completely linked with the president. as to nancy pelosi and the people calling for her removal. if i were cynical i would say oh, it's just a ploy by democrats to win independent votes. or if i were being optimistic, i would say democrats it's about time that you wake up and realize that your party is a losing party, and a lot of the losing has occurred under her tepid and non-existent leadership. but that's not for me to decide. >> molly: i want to draw your attention to a column. hard to exaggerate the importance of leadership of a democratic caucus who have never shown legislative prowess, few have demonstrated the skills required. in a sense he is saying
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experience matters. >> molly, i totally agree. that would be my next point. i think it's fine for democrats to call for new leadership. what does it look like? i'm biased because i'm from south carolina. i think if for whatever reason ms. pelosi is not the leader after the mid-term elections i'm a big fan for giving a promotion to congressman jim clyburn who is a stalwart in the democratic party and a real gem for many democrats across the country. what republicans cannot do is use congressman clyburn as a political boogie person when it comes to the elections. i think he will do a great job and bring across other young leaders and lift them up and put them on his shoulders to lead our party going into the future. >> molly: there is another column from usa today last month reading almost the opposite take. democrats have been in the house majority for only four of pelosi's 16 years.
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she imperiled moderates forcing them to take needlessly tough votes. in 2010 elections democrats lost more than 60 seats and briefly held majority. most leaders with that track record would have been gone long ago, that is linda killian taking the opposite take from albert hunt. interesting as we go ahead into this mid-term election, christopher. there seem to be a lot of fresh faces on the democratic side. people from various backgrounds. and the mid-terms are always a fascinating thing to watch as far as looking ahead at what some of the real meat as we head towards 2020 just around the corner. the 60 days will pass quickly. when we talk about new leadership on the democratic side or for the republican side who knows what will happen, a blue wave, red wave prediction, how much of the mid-terms will determine that? >> well, a lot of them will determine what leadership is going to look like.
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there is no question about that. and i think the difficulty from the standpoint of republicans, we absolutely enjoy nancy pelosi being in leadership because, of course, most of america -- >> we enjoy donald trump being in leadership. >> most of america is not as far left as nancy pelosi is. so we certainly enjoy that. as we move forward, though, however the democratic party will, of course, decide what kind of leadership it needs. good luck with that. >> molly: there are some democrats that are in very tough positions depending where they are in the country. senator joe manchin from west virginia and connor lamb in pennsylvania embracing some of president trump's policies and tariffs and that sort of thing. does it really matter who you are, where you are in the country, what kind of democrat will be elected? >> of course.
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i think democrats cannot fall into the republican trap of trying to nationalize the election. all politics is local and therefore we have to run our campaigns and run a message and strategy that focuses on the local issues in the particular districts. if we do that, we'll be successful like democrats have been up and down the ballot whether it's lamb, jones, 40-some odd plus legislative where we've flipped. we'll stay on message and stay task and laser focused on making the elections local instead of trying to nationalize the elections. >> molly: thank you both. we're out of time. i know you were one note short there. i didn't get back to you, christopher. but we have 60 some days before the election and we'll talk to you soon. >> connell: some democrats crying foul ahead of the confirmation hearing for brett
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kavanaugh and they're saying they aren't hearing the whole story when it comes to kavanaugh's background. republicans are starting to go on defense. >> brett kavanaugh for a long time was an inspired choice and look at what the ethics are with regard to a supreme court justice. there has been previous questions, justice kaigin had a similar question on obamacare related litigation and he will do what the codes of conduct and ethics of a supreme court justice require. d, she was pregnant, in-laws were coming, a little bit of water, it really- it rocked our world. i had no idea the amount of damage that water could do. we called usaa. and they greeted me as they always do. sergeant baker, how are you? they were on it. it was unbelievable. having insurance is something everyone needs, but having usaa- now that's a privilege. we're the baker's and we're usaa members for life. usaa. get your insurance quote today.
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>> 140,000 documents you can see but i can't see. i can't tell you about them right now on this show. >> do you think any of these documents could make him unqualified for the job? >> i think you could ask interesting questions about these documents. >> connell: amy klobuchar speaking out on the paper trail for brett kavanaugh, senate
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judiciary committee will start hearings for kavanaugh tomorrow. democrats are vocal about the 100,000 documents the white house has refused to hand over. let's bring in elizabeth wydra on this. the two sides to this are quite obvious. on the one side you have republicans saying we have so many documents and decisions with brett kavanaugh we don't know what to do with them all and hard to get through them all. the democrats saying listen, we want to see everything. what do you make of the role executive privilege should be playing. >> this is incredibly important when congress is playing its advice and consent role as required by the constitution that they have all of the information in order to give their proper advice. if you were asking a friend for advice and only gave a fraction of the story you probably wouldn't get good advice. we talk about a lifetime appointment to the highest
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court in this land. so yes, it's a lot of documents but brett kavanaugh has been in the washington establishment for a long time before he was on the bench of of the d.c. circuit. there is a lot of information out there and because of the both rush to have the hearings that we've seen from the republican majority in the senate and from judiciary chairman chuck grassley, not even the documents that grassley himself asked for from the archives are ready yet. they said they would need until october 1st. they're going ahead anyway and also the documents that have been executive privilege asserted to keep secret and notably president obama when this came to kagen didn't exert executive privilege to block documents related to her tenure in the white house. >> connell: executive privilege and what chuck schumer had to say first. he said we're witnessing a friday night document massacre.
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president trump's decision to step in last moment and hide 100,000 pages of judge kavanaugh's records from the american public not only unprecedented in the history of the supreme court nomination but all the makings of a cover-up. that's senator schumer's take. you mentioned kagen. the difference here might be the role that brett kavanaugh was playing at the time working in the bush white house. that these documents relate to that role. so at least as far as i understand it you would know better they would be protected by the executive privilege. >> certainly because someone was working within the white house, kagen was a lawyer in the white house during her time there. doesn't mean the documents should necessarily be shielded if public release especially when you are talking about such an important role as a supreme court justice. and i think it's important to note that kavanaugh himself said that his time as staff
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secretary in the bush white house was perhaps the most formative of his career and the effect on way he views the constitution in this country and during the time he was there they dealt with very important issues related to the job he is applying for right now. terrorism, surveillance, abortion. >> connell: from the time he was staff secretary. whether they should have been requested or not. i believe the documents >> democrats would have requested them. >> connell: they are before that in the white house counsel's office which would be protected, which was my earlier question. wouldn't they be protected by executive prifsh age working in the counsel's office. >> president obama could have asserted privilege. he didn't. here i think it's a choice. it is hard to evaluate whether or not that privilege is being properly asserted when we can't see the documents and you have bush lawyers themselves going through the documents. so it is really unfortunate that we aren't going to have
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the most transparent process possible because this is so important. and you shouldn't rush through a lifetime appointment. this is too important to simply do a rush job. >> connell: let me get one more question while we have you. a broader one how you see this playing out. i thought senator orrin hatch had an interesting quote when he was asked about all of this. he compared it because i like sports analogies. he compared it to a basketball game. the democrats were trailing by 30 points with a few minutes ago to go and they kept trying to stop the clock thinking they could win but in reality they weren't going to. that if anything, maybe it will be close but brett kavanaugh will be confirmed. is that a fair estimation? >> i think it depends. the american people generally support the right that is protected in roe versus wade. there are republican senators who are pro-choice. because this seat on the supreme court is likely going to be the deciding vote on
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issues related to abortion and lgbtq rights and privacy and environmental protection and so much more the hearings will be incredibly important in getting to the bottom of what kavanaugh thinks is protected in the constitution. and trying to get substantive answers out of him instead of blanket statements about i respect federal law. well, law is settled until the supreme court unsettles it. that is very much an open question to have. >> connell: we'll cover it, of course. thanks for the time today. reminder to stay with us on fox news channel all week long with the senate beginning the confirmation hearings for judge kavanaugh. special coverage starts tomorrow morning. >> molly: president trump taking a new jab at jeff sessions. >> president trump: our justice department and our f.b.i. have to start doing their job and doing it right and doing it now. people are angry. >> molly: but one republican senator is warning the president about firing the
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attorney general, a live report ahead. >> connell: a driverless car hitting a snag during testing. will this technological wonder ever hit the road? ahoy! gotcha! nooooo... noooooo... quick, the quicker picker upper! bounty picks up messes quicker and is 2x more absorbent. bounty, the quicker picker upper.
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>> molly: apple testing a new self-driving car and running into trouble on the road according to an accident report. the s.u.v. was traveling at 1 mile-an-hour preparing to merge into traffic when it was rear ended by a nissan. it determined that human error was to blame and not a software glitch. our resident tech expert brett. if you're trying to merge at 1 mile-per-hour. >> there will be human error there. in california where people tend to drive a little faster than 1 mile-per-hour you would think merging you would want to go faster. it was saying the cars tend to be overly cautious driving by computer, not human. that makes sense, you want them to be that way. but this time it caused the accident. it's rare. normally when a car is rear ended it is the driver that rear ended the car that is at
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fault. >> molly: what's interesting about this, apple getting in on this game. >> right. amazing to me. apple has been rumored to be working on the driveless car for so long. now project titan is a real thing. let's hope if apple gets into the driverless car business you don't have to get a new car every year because you have to get a new battery every year. new technology that we've been watching. >> molly: we know driverless cars are silicon valley. how often do we see accidents? >> we see them every couple months. we hear sometimes a fender bender. we have had some fatal crashes involved with driverless cars. often time the fatal crashes it was human error. they needed to be paying attention and still need to keep eyes on the road.
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the technology is advancing faster than we are prepared for in terms of are we ready for driverless cars? i think we'll see a slow roll-out in technology in terms of safety. added safety features to newer cars before we truly have autonomous vehicles. >> molly: when will we be able to hop in a driverless car? >> and jet off somewhere without having to pay attention? 5 to 10 years down the road. i think if we did -- if the country did a massive infrastructure overhaul and we redid all of our freeways with driverless cars in mind it might come quicker. having to work with existing car technology and existing roadways and infrastructure there are more pieces that have to be in place before this will work. >> molly: i would take faster trains. >> that would be great. >> connell: now we go back to politics with growing calls for democrats to impeach the
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president if they take back the house. but a former obama official and democratic congressman who says otherwise. >> i think the most important thing that the democrats could do is to allow bob mueller to complete his work. >> connell: why leon panetta should drop the impeachment talk. new warnings issued for florida after a tropical storm forms just off the coast. the latest forecast is just ahead. s can be a big deal. that's why there's otezla. otezla is not an injection or a cream. it's a pill that treats differently. for psoriasis, 75% clearer skin is achievable, with reduced redness, thickness, and scaliness of plaques. and for psoriatic arthritis, otezla is proven to reduce joint swelling, tenderness, and pain. and the otezla prescribing information has no requirement for routine lab monitoring. don't use if you're allergic to otezla. otezla may cause severe diarrhea,
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>> connell: fox news alert. at the top of the hour as we get ready for a supreme showdown in the senate. confirmation hearings for judge brett kavanaugh beginning less than 24 hours from now. welcome you to a brand-new hour here on "america's newsroom." we're still here. look at us. i'm connell mcshane. >> molly: i'm molly line. the senate judiciary committee will hear from judge kavanaugh tomorrow. democrats are digging in for a fight. right now voicing concern about the number of kavanaugh documents released so far. gop lawmakers say it's a non-issue. >> senator grassley has been very fair. more documents given than any person ever nominated to the security. we'll have a hearing. there is no drama in the hearing. >> they're suppressing these documents. if we're lucky we'll see 6% of all of the documents that have been produced -- could be produced to reflect on kavanaugh's true position on issues.
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>> connell: gillian turner live in washington what is the city focused on one day before the hearing? >> a point of contention in washington, new portions of kavanaugh's records the trump administration has decided to withhold. >> it's not normal because we are not able to see 100,000 documents that the archivist has just because the administration has said we can't see them. i think you could ask some very interesting questions about these documents that i'm unable to even say because i'm not able to make them public. >> republicans point out more than 2 1/2 times as many records have already been produced for kavanaugh than for any other nominee in history, nearly half a million pages so far. >> democrats have more than enough information to understand that this is a highly qualified jurist that should be the next supreme court justice. in an earlier time 30 years ago he would have passed unanimously. >> democrats insist it is not
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the numbers that really matter. they say it's transparency and insist the american people have a right to see kavanaugh's complete, entire record no matter how voluminous it may be. >> connell: what about kavanaugh himself? >> he spent much of the past week in the prep sessions for the hearings where close aides and advisors have been grilling him on the toughest questions he is likely to face tomorrow. they anticipate especially grueling questions from democrats. >> he comes before us at a time when people are concerned about whether this president or any president is above the law. >> kavanaugh himself believes sitting presidents should be protected from criminal investigations while in office. if confirmed he will preside at a time during which the court may have to confront both issues head on. >> connell: we're all over it tomorrow. thanks for that, gillian. >> molly: president trump particular kicking of labor day
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attack by touting the economy. he said this: peter doocy has more from the white house. peter, how is the president trying to convince labor unions a new nafta deal would benefit them? >> by arguing that he knows more about trade that the union boss. the head of the afl-cio represented his union poorly on television this weekend. some of the things he said were so against the working men and women of our country and the success of the u.s. itself that it is easy to see why unions are doing so poorly. a dem. he said this week on television he knows nafta could be improved upon but doesn't really know that the president's proposal to cut canada out of it is really going to work.
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>> our economies are integrated. three countries in north america, the economy is pretty integrated. it is pretty hard to see how that would work without having canada in the deal. >> representatives for the canadian side are now saying they're only going to sign a new and improved nafta if it is a good deal for canada. >> molly: does the president plan to actually work with congress on this new nafta deal? >> the president says he doesn't want congress interfering in the negotiations. if they do he will tear up the current nafta agreement. he doesn't want them getting involved until it's time for them to ratify a new deal. >> president trump: here is the good news. canada knows where i stand because we can't have these countries taking advantage of the united states anymore. it is very simple. we're not going to let that happen. canada is ripping us off. the whole world is ripping us off. >> tough to tell exactly how close the u.s. and canada might be to a new trade deal but
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certainly does not seem imminent. >> molly: something we're certainly watching. peter doocy. thank you. >> connell: let's look at the future of the attorney general jeff sessions with president trump saying he will keep the a.g. on the job until the mid-terms despite blasting him repeatedly for recusing himself from the russia investigation among other things. senator dan sullivan, a republican from alaska the latest lawmaker to warn the president against firing sessions. >> i supported jeff sessions when he was nominated. i certainly voted for him and i think he is doing a good job. >> do you think there is any reason for the president to remove him? >> the president has the constitutional authority to remove him and any -- as i mentioned he can do it. would it be politically wise? i don't think so. >> connell: bring in andrew egger, a reporter for "the weekly standard". an interesting last point there. wouldn't get to the question of whether he should but said it
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would not be politically wise. i'm sure there are a lot of republicans who feel the same way especially ahead of mid-term elections, right? >> yeah. this is sort of the tack we'll see congressional republicans take with the president. they won't go unilaterally against his will but caution him that this seems to be a politically dangerous move. when sullivan says politically unwise he is not necessarily talking about for president's trump own political fortunes. firing jeff sessions would be a drastic step. president trump is such a polarizing figure it is not necessarily going to win him a bunch of new fans or detractors. the republicans are facing a tough climb in the mid-terms. they want to say look, we're running on tax cuts, a strong economy, deregulation. conservative majority on the supreme court and cringing away from any mention of robert mueller, russia investigation
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and anything like that. they are hoping that trump doesn't create a large new news cycle just in these months leading up to that with an explosive move like firing jeff sessions. >> connell: what's interesting what might happen after the mid-term elections. you don't want to be firing sessions because getting someone else confirmed in the senate would be next to impossible. but molly was talking about this earlier in the show brought up the point that we've seen a shift from some republicans on that. lindsey graham had brought up but others who would have maybe said something else six months ago or whatever it is and now seem to be more open to an idea of a new attorney general. looks like we might see it after the mid-terms. >> certainly seems like republicans are coming around to the idea a little bit permitted it doesn't crucify them in the mid-term. we've seen it on a number of issues. enough pressure from the president has been enough to bring these republicans in line. just in terms of president
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trump making these comments, talk about classic president trump, right, with his comments to bloomberg where clearly if he is now talking about postponing it until after the mid-terms because congressional republicans have been coming to them on their knees and asking him not to do it. he likes to take the fight to the enemy but he is still willing to talk about that after the mid-terms is likely something he will still do. on the one hand it undermines the strategy but on the other hand it is president trump telling all of us and everyone on his staff that he is not going to let the egg heads toss him around all the time. >> connell: i've wondered because you think of it in your own mind. if your boss thought of you what the president appears to think of jeff sessions, would you stay in the job? is there any chance sessions leaves? by the way, most people say i'd be out of there in a heartbeat. sessions stands up for himself and says i'm in this for other
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reasons. he cites his record and all the rest of it. any chance he steps down and he has enough? >> there are a few factors that are keeping the odds of that very low. the first and biggest of which is sessions is in his dream job. he loves being attorney general. he gets to be connected to the policies that he feels are very important whether that's related to immigration or law enforcement, all of these things. other than the war with the president he is having a great time. then at the same time there is just a stubbornness there and the fact that if sessions were to actually step down it would make it easier for donald trump to get his own guy into the office there because just legally there is a question of whether or not if he fires sessions the replacement he is allowed to appoint somebody new. if sessions steps down he can get an interim guy if he likes and appoint whoever he wants. they have to clear the senate but that becomes a much more
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difficult thing for president trump to do if sessions doesn't just clear the way for him. >> connell: quick point before i let you go on who that might be. that's what i was going to ask as a final questions. names have been thrown around. how conservative might the president be able to go? >> still up in the air if it will happen at all. there are a few names that some conservatives are trying to get on the president's radar. the most prominent is representative john radcliffe of texas, a two-term congressman. former u.s. attorney who has seen his star rise a little bit during some of these congressional hearings about the russia investigation. he got a lot of positive coverage for some grilling james comey about his handling of the hillary clinton email scandal and when comey testified before congress last year. and he is just come forth as a guy on the one hand can speak authorityively but also somebody who has not been unwilling to stick his neck out
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a little bit for the president and skeptical of some of the same people trump has been skeptical up. conservatives have gotten behind him because he has a rock ribbed conservative voting record in the house. seems like he would want to do the same sorts of things and then someone the president could get behind as someone who might be able to get these people off his back. >> connell: we'll see how it plays out. thank you. appreciate it. >> molly: the british government confirming isis has established direct links with britain terrorist groups. stoking fears of new attacks similar to last year's manchester bombing. how the u.k. is working to fight that threat. >> connell: the stakes are high at judge brett kavanaugh prepares to make his case before the senate judiciary committee. how his confirmation could alter the supreme court. >> the precedent is important.
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american writings. no word on the cause and no word yet on any injuries. >> molly: supreme court nominee judge brett kavanaugh headed for capitol hill tomorrow to face senate judiciary committee lawmakers in his confirmation hearing. if all goes well for him, he will be replace the retiring justice anthony kennedy who earned himself a reputation as the court's quintessential swing vote swaying many landmark cases in his decades-long career. martinez is former clerk to the supreme court. fascinating to get your insights since you have an opportunity to be close to judge kavanaugh and judge roberts. is the crux of this that judge kennedy was the swing vote and now that judge kennedy is thought to be a far more conservative judge potentially, is that the crux of the change?
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>> i think part of it is that judge kavanaugh, if he is confirmed will take justice kennedy's seat. an important change to the court and important for chief justice roberts, as you suggested, he, too, will become sort of a very important vote, a very important voice on the court as the middle justice. but i think what's important to focus on right now is not to count the chickens before they are hatched because judge kavanaugh will be up there in the senate this week. i expect he will do a great job and head in there with a great tailwind, the american bar association rated him unanimously well qualified. their highest rating. senator leahy, not the biggest fan of judge kavanaugh recognized the aba rating is the gold standard and they called him well qualified. i'm hopeful he will have a good time up there this week and do a great job. >> molly: a lot of republicans
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have expressed significant confidence that it will occur. not something the democrats can stop and many republicans believe they will have some democrats come on and vote for his confirmation. if that were to happen, say he does become the next justice of the supreme court, what are the key issues that he could potentially be -- create that significant change that perhaps some democrats are so concerned about? >> well, i think the most important thing about judge kavanaugh and what he would bring to the court is his judicial philosophy. he is of the school that judges are not supposed to make the law, they are supposed to apply the law. throughout his 12 years at the d.c. circuit he wrote more than 300 opinions and applied to text of the law. looked at the history of the law at issue and has always applied precedent. i expect there to be a big discussion on the hill this week about fidelity to precedent and his general method to interreceipting the constitution. >> molly: one of the hot button
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issues one of the things he will be questioned about is executive power and privilege. in recent days there has been a lot of talk that he has changed his mind or expressed different opinions on that issue in particular. i would love to get your thoughts on what you think judge kavanaugh might feel on that issue that will likely be at the center of some of the questioning? >> well, you know, i think judge kavanaugh has been consistent over years and clear that no man is above the law. to the extent the question is about the relationship between the courts and the president, i think he believes that the law is the law and his job as a judge is to apply the law to everyone, whether it's the president or someone else. i expect that's exactly the approach he would take if confirmed to the supreme court. >> molly: do you think he will create an ideological shift to a more conservative court overall in the decades to come? >> i think that's a bit overblown.
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he clerked for justice kennedy. he has great admiration for justice kennedy and in many ways they're very similar. a similar outlook on certain key constitutional liberties, especially the freedom of speech. a similar view of the importance of the structure of the constitution and the purpose of that structure being to protect human liberty. i think you will see some differences. judge kavanaugh will be his own man. on the wholly think he will be a great addition to the court. >> molly: you are in an interesting position because you also worked for justice roberts at one point. roberts was thought to be a new conservative joining the court at the time and now he is seen as the middle suddenly. so is it challenging to predict? >> it can be challenging to predict. what kavanaugh and roberts have in common is they're both very gracious and hard working. i think they have a great judicial temperament. they both approach the law with an eye towards both figuring out what the right answer is
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but appreciating the importance of stability and precedent in our legal system. there are differences, too. but i do think that this will be a great moment for both of them if and when judge kavanaugh is confirmed, the court will have a full complement of nine justices and the chief will be able to hit the ground running on october 1 when the court open its term. thank you for joining us. >> connell: it was an interesting take. stay with us at fox news all week long for the senate confirmation hearings for judge kavanaugh. special coverage begins tomorrow morning. meantime new claims from a former top ranking obama fish he about the mueller investigation. suggesting the special counsel may be closing in on president trump. what he is saying about the evidence gathered in the case so far. >> molly: a tropical storm heading for the florida gulf coast. what to look out for in our live weather report just ahead.
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an american service member is dead and another in stable condition after an apparent insider attack. u.s. special forces say it happened in the eastern part of the country today. the fallen service member's name is being withheld until the family has been notified. the attack comes one day after a new u.s. commander took over command for all american troops in afghanistan. >> connell: new warnings posted for the south florida and for the keys as well with tropical storm gordon getting ready to batter that region with heavy rain. we're back from the fox weather center with the latest. >> this has just come together in the last eight hours or so. beginning to see the center of circulation moving over portions of south florida.
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the heaviest rain stretching across south florida. central florida and farther to the north won't see a lot of the rain. it will move back over the gulf and strengthen more and hit the northern gulf coast. the heaviest hours for south florida are happening right now where we have flood warnings in place across these regions widespread from 2 to 4 inches in the areas highlighted. it will weaken into the evening hours and eventually moving back over the water and heading up towards the new orleans coast stretching to the florida panhandle. south florida and then back over open water running back towards new orleans, again louisiana stretching towards the florida panhandle. the forecasted motion of this. you'll see it spinning off the coast of florida again by this evening. by the time you get to midnight you're over open water. no one is affected by this through the overnight house and tuesday running up toward the northern gulf coast areas from
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new orleans to mobile, biloxi, panama city that could see rain from the system as it makes landfall likely late tomorrow into early wednesday morning. weakening and running its way up the mississippi river. here is what we're talking about as far as timing again. here is your track. pretty good decision with this as you look at most of these tracks running the same direction. here on tuesday at 7:00 p.m. is around the time of landfall. winds 45 miles per hour. mostly a rain maker. 45 mile-per-hour winds are enough to do some damage. it's not the only storm. we fired up in the last couple of days. we have another tropical storm florence out there. way out to sea. i'm not concerned with this making landfall. another one is actually brewing off the coast of africa. we're getting that time of year where we'll start to see it become more active. >> connell: it has been a slow season but it's early. >> molly: the trump
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>> molly: the british government confirming for the first time that isis fighters in afghanistan are communicating with terror cells in the u.k. in an attempt to carry out attacks on british soil as the u.k. deploys more troops to afghanistan to help battle isis and the resurgent taliban. benjamin hall is live from london. how severe is the threat there
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in the u.k. >> this is a real concern for the u.k. the first acknowledgement of a direct link between isis in afghanistan and actual attacks on the streets of the u.k. and europe. every since 9/11 the one thing the u.s. and allies have been fighting against is the creation of safe zones like this from which terror attacks can be plotted and planned. isis has been growing stronger in afghanistan with thousands having moved from iraq, syria as well as pakistan and other countries in the region. as opposed to the taliban there isis wants to do attacks against the west. >> we've seen terrorist groups operating here in afghanistan, evidence of them not just of the united kingdom but the whole continental europe. >> it's partly because of this threat that the u.k. has sent 400 more soldiers to afghanistan to assist both as a support mission but also as training. so what's clear is despite suffering these setbacks in
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iraq and syria losing almost all their territory they're able to plot against the west and a great fear is another attack like manchester could take place. >> molly: what does it mean for the wider battle in afghanistan? >> molly, the rise of isis in afghanistan has been a very interesting development there. at the same time as the u.s. and allies are fighting harder against isis we've seen them reach out to the taliban offering cease-fire moving forward to try to sway the battle there. there was a change of nato command yesterday in afghanistan with a new u.s. general taking over the force. he hopes to rejuvenate the fight against them and recognizes the threat. >> the world recognizes that afghanistan can't be a safe haven for terrorism and the world recognizes it cannot fail. >> isis in afghanistan have taken a number of hits. their leader was killed. the fourth leader of isis in afghanistan to be taken out in
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the last few years by a u.s. strike. they remain strike. the rural areas isis and taliban have been allowed to grow stronger and carry out attacks against their own population. >> molly: thank you. >> connell: u.s. is taking action against pakistan freezing $300 million of military aid saying they aren't doing enough to battle terrorist groups on its own soil. the director of the margaret thatcher center for freedom, nile gardiner. is this is right move? >> absolutely the right move. i think it sends the right message to pakistan and for many, many years, decades even pakistan has been playing a very dangerous double game here with regard to the war on terror. on the one hand it has provided some assistance to the united states with the war in afghanistan allowing the
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supplies to move forward to nato forces in afghanistan. on the other hand, pakistan has continued to provide a safe haven to a number of islamist terrorist organizations operating in the north of the country in the federally administered tribal regions. and in particular an organization known as the hikani network tied to the taliban has been given aid and support by elements of the pakistani government in particular. the security services. washington is saying enough is enough. pakistan has to decide whose side it's on in this war against islamist terrorism. >> connell: a push/pull here. we get close to two decades in the post 9/11 era with pakistan in terms of needing and getting their help and other times not getting the cooperation we need. is the financial motivation -- i'm sure in the past it has been tried as well. is it the one that will speak
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to pakistan? they have struggles economically, right? >> i think it's an important aspect, i think, for u.s./pakistan relations. incredibly the united states has given about $33 billion worth of aid to pakistan since the 9/11 attacks and that money is now ending. this, of course, is an issue for pakistan. this is a country that's heavily in debted to china, which invested heavily in pakistan to the tune of $62 billion. and so the united states is sending a very clear signal to pakistan that any further assistance from the united states to pakistan depends upon pakistan siding with the united states in the war in afghanistan and against islamist terrorist organizations. >> connell: what would the consequence for the united states be if there was a complete economic collapse in
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pakistan? mike pompeo, the secretary of state is going back there again this week but he has been quoted earlier in the summer back in july saying the imf should not bail out pakistan again. the international monetary fund which bailed them out a number of times in the past. so should we just let them go and let them fail, see what happens? or does the u.s. have an interest because of the geography here in keeping pakistan afloat? >> i think the united states has a keen interest in ensuring that pakistan remains a long-term partner for the united states but the united states cannot, though, i think, be party to endless bail-outs of pakistan through the imf. and if indeed the imf was to loan money to pakistan, pakistan would use that money to repay debts to china, that's not in the u.s. national interest. the secretary of state mike pompeo is absolutely right to oppose further imf bail-out of
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pakistan. and also i think mike pompeo will be emphasizing to the new pakistan prime minister this week that pakistan needs to really launch a new approach towards its dealings with the united states. a far more positive agenda for u.s./pakistan relations, one that rejects islamist extremism. one that also is far more cooperative in terms of the u.s.-led military efforts in afghanistan and also washington would like to see a pakistan that is less adversarial towards india. pakistan has been very difficult on this front. >> connell: for many years. more than a dozen imt bail-outs. good to see you. thank you very much. >> molly: today marks the ends of one of the busiest travel weekends of the year. labor day marks the traditional lowering of prices at the pump. laura engel has more on this. thanks for joining us today for
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labor day. so why are gas prices higher this year compared to years past? >> a bit of a catch 22. we've seen it before when the economy is good and unemployment is down, more people travel, right? and that's when demand for gasoline goes up. this weekend began with the highest gas prices for a labor day holiday in the past four years. with the national average of $2.83. that number is expected to go down to about $2.70 a gallon this fall. labor day sees a drop in gas prices attributed to the lack of demand after the summer. stable crude oil prices and the switch to the cheaper winter blend gasoline. >> when we hit $3.25 that changes things. at $3 or below people will continue to travel by car. >> molly: the only wild card that experts see that prevent the price at the pump from dropping is the potential
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tropical storm or hurricane like last year this week with hurricane harvey. >> molly: very busy travel day. how many people are expected to be on the road today? >> you won't be lonely if you choose to get on the highway. millions of cars are expected to be on the road today. labor day is the fifth most traveled holiday each year with the end of the year combination of christmas and new year's topping the list. this summer has already seen an uptick in overall travel. 35 million americans will be traveling over 50 miles this weekend, which is a 5% increase from last year. 16 1/2 million of those will be airline travel which is up 3.5% from 2017. businesses are also looking forward to this high consumer confidence and low gas prices as we head into the holiday spending season. molly, you've probably seen halloween decorations in the stores. i've seen them. maybe you have, too. only 16 weeks away from christmas. >> molly: the countdown is already on. thank you so much, laura. >> connell: president trump
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continuing his attacks on the russia investigation amid growing speculation now over robert mueller's next move. why a former top obama intelligence official says trying to undermine mueller's credibility could backfire. >> i think you begin to piece together the kind of case that could form around an obstruction of justice charge. i think they have to be very careful to use this tactic.
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>> connell: authorities have begun identifying the victims of the crash in new mexico. a semi truck's front tire blew out and it ran into a bus. >> we're looking at how this roadway, how its approach, how the median, how the depression into that median may have affected the dynamics of the vehicle's movement. >> connell: the truck driver
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and california-based company are facing a pair of lawsuits accusing them of negligence. >> they're getting very close to making the case for obstruction of justice. not only by the steps that were taken in terms of the president demeaning and attacking a witch hunt but also the fact that a rudy giuliani himself has said that the whole purpose of their effort is to undermine the credibility of the special counsel. >> former cia director leon panetta suggesting mueller's russia probe and the way the president's team is reacting to it may bring bad news for trump. this as questions continue to swirl over whether mueller will subpoena the president to testify. let's bring in our legal panel jesse weber, attorney and host of the law and crime network and bryan rotella, attorney,
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founder and ceo of genco legal. thank you for being here. kicking things off there is a lot of talk about -- very little leaking out of the mueller investigation as to whether or not there could be some sort of crime or collusion. some of the talk about potential legal consequences has focused on obstruction largely even if there is nothing else that there could be potentially be obstruction in the case. so when we talk about that jesse, is that the real concern? >> oh, it's a concern and mr. panetta made a great point that what they're establishing here is a pattern. these obstruction of justice cases it would be great to have a smoking gun. one email or statement. you don't have it here. the team is establishing a pattern of obstruction of justice and many times people criticize mueller's team for saying why don't we know anything that's going on? what does the report have to say? you could argue that as each week goes by, he gets new
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ammunition from either a presidential tweet or new story coming forward or more information from a witness that has helped to build the obstruction of justice case. for the president the biggest hurdles for him would be the comey firing as well as the pressure put on jeff sessions in terms of the recusal. then you could argue that all the tweets and everything else that we've seen is the sprinkle on top of that cake, that obstruction of justice case. having said all of that it is not a slam dunk. it is something to think about. >> molly: bryan, leon panetta argued the general tactic of trying to undermine the special counsel could actually backfire. >> with respect to jesse, i think we'll see halloween costumes as we've moved into september that are witches in hunting gear. i think they'll be teaching witch hunt as a legal term-in-law schools. i've never heard it this much in public discourse. a witch hunt is not obstruction
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of justice. you know how we know that? in bill clinton when we dealt with it with whitewater and monica lewinsky. he said he thought it was a witch hunt by the vast right wing conspiracy. right, to get him for a regime change. that's what he said. and that the gop was all in and they were going to go at all costs to do it. we got an impeachment and the senate rightfully with the supreme court presiding ended up saying there was no conviction. bill clinton left office for mop -- popular when he left in. when you say obstruction i'll call it an unassisted triple play in baseball. that's the high standard a president needs to meet in an unfortunate way for it to be an actual obstruction of justice on a president. >> molly: so much of the president's complaint about the
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ongoing investigation in general is that he is being treated unfairly. essentially that the focus should be more on the clintons speaking of going back to the 90s. when it comes to this idea of obstruction, one of the things that a lot of folks that have been pushing back against the president or people that are not his allies have focused on is the president asking then f.b.i. director comey i hope you can let this go regarding the investigation, the interviewing of michael flynn at that time. now this is something that has been widely talked about. is that enough for an obstruction charge? >> on that alone, no. but if you want to say it establishes a pattern. right after that he wanted to fire comey and then provided a justification through rod rosenstein to try to understand why he was going to fire comey. that adds up. having said that just to correct bryan i never said it was a slam dunk. what it is interesting to note is that if you establish this pattern, the president is put in a difficult position where he is starting to defend
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himself now about this obstruction case. if you recently heard he said that whole interview that he did with lester holt about why he actually did fire comey was a fabricated piece of that interview and now starting to develop that obstruction of justice defense which becomes very interesting to follow because now they are starting to look back on the statements that were made and explain it as either a, i have the presidential authority to do what i did. or b, it's being misread and mislabeled as something it's not. it's a strong defense. this is the president of the united states we're talking about. this is a much different defendant that you have in a case. >> molly: thanks for joining us, you appreciate it. >> gunfire breaking out at a san diego racetrack. a man opened fire in the middle of a crowd there. live report on that is next. to look at me now, you don't see psoriasis. you see clear skin. you see me. but if you saw me before cosentyx...
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>> connell: a san diego racetrack as we learn what led up to a shooting there. jeff paul following it from the west coast newsroom. over concert tickets? jeff? >> yeah, investigators say a man was trying to buy tickets to say ice cube who was performing at the del mar fairgrounds. when he was told it was sold out there were shots fired. listen. the sheriff's department says a 22-year-old started arguing at the ticket booth after finding out there were no more seats. deputies responded to the scene when they say he pulled out a silver plated semi automatic handgun and began firing into the area packed with people. a deputy returned fire shooting and injuring the man.
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it happened while a horse race was going on at the nearby racetrack. >> there is gunfire at the track. there is gunfire at the track. >> the man who was shot is expected the survive. no one else was hurt. >> connell: as you said, jeff, that was an area packed with people. what are the people who were there, what are they saying? >> well, a spokesperson with the del mar thoroughbred club released a statement they were relieved no one was injured and credited the grounds active shooter training with helping to keep everyone safe. as far as the ice cube concert itself, it went forward and those who say it did not impact their night. >> it happened so fast, there was 1,000 people but it did happen. it was taken care of. san diego did a really great job. >> we just kept watching. nobody was -- there was no
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panic, nothing. it was just watching the race. >> the final race day is today for del mar and will go on as scheduled despite the shooting. >> connell: jeff, thanks. >> molly: the stage is set for a supreme showdown on capitol hill just hours away. there is a whole lot at stake. ,. thanks to new tena intimates overnight with proskin technology ,. for two times faster absorption so you can have worry free nights, and wake up feeling fresh and free for a free sample visit
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>> colorado firefighter spring into action to save a kid, but is not a child. wait for it -- a baby goat trapped in a drainpipe last week in the town north of boulder. the kid named winston was stuck about 20 feet from the drainpipe opening. >> all you could see was basically his head. right as the pipe opening, we are able to see them. they weren't able to see where he was at. >> firefighters were able to dig up that pipe, they got winston out. they are cradling winston, they say the kid is doing just fine.
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>> absolutely, look at that. three hours of news and we end on a go rescue. a good job. >> the best way to end the show, right? the special labor day addition of "outnumbered" starts right now. things were during his. >> take care. ♪ >> the countdown to the midterms is on, like really on. this is speethirty five, i'm dagen mcdowell. fox news contributor lisa booth lisa boothe, marie harf, and rachel campos-duffy also asked fox news contributor. today's #oneluckyguy, marie's better half, he is outnumbered. guy benson. so good to see you. everybody's having a happy labor day. >> thanks for having me. >> dagen: you're so smart, hosting kennedy lastk.


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