tv Fox News Night With Shannon Bream FOX News September 7, 2018 12:00am-1:00am PDT
we talk to victims of crime, heartbreaking and heartening. what is really driving the violence and what we can do about it, and incredible be important hour of television, i am proud of my team. watch it tomorrow night, dvr us. that is all the time we have tonight. let's go to shannon bream who was covering every aspect of the brett kavanaugh hearing, putting 100 hours a week i cannot wait to watch. heather: i am shannon bream in washington, fox news alert, donald trump stumping for senate candidates in montana but a fight over brett cavanagh. the president commenting on his administration's quote on the identity of anonymous and preparation hearings wrapped for the day. developments tonight on the boring -- cory booker friend.
let's go to springer from montana with the president and his campaign speech. >> an indication how important the speech was given all that is going on in washington dc. and as expected a lot of high points on how strong the economy is and how democrats took control of congress, they would reverse those gains. spent a lot of time attacking john tester, democratic senator in montana and a lot of time talking about the supreme court. tester is running for reelection against matt rosen day or, staunch supporter of donald trump's, the second rally held by trump for rosendale who trailed tester in early polls
but narrowed the gap and according to the latest poll has a lead. >> we can for more justices like neil gorsuch and brett cavanagh, people that will uphold the constitution and defend your second amendment rights. >> reporter: tester is running an ad that highlights several bills he sponsored that were signed by donald trump but tonight trump set on issues that matter like tax cuts, border security, votes on judges he always votes with nancy pelosi and chuck schumer, from here trump travels to north dakota where he will try to unseat another democratic senator in a state he won by 20 points in montana and north dakota. he won -- wanted heidi heitkamp to be defeated so he will give a speech similar to the one we heard tonight in north dakota. heather: new reports on
anonymous, trump administration official behind the new york times op-ed piece that paint a picture of resistance within the administration. the white house has a list of 12 suspect. and henry not one of them, the latest from new york. >> reporter: the new york times which published that op-ed is reporting the chief of staff john kelly had a list of a dozen officials who could be anonymous and they are weighing whether they should force officials to take why detector tests or signed sworn affidavits to prove it is not them. the president is fighting fire with fire. it amounts to an act of treason and got here, ranging from the first lady to most of his cabinet. elizabeth warren went on the attack telling cnn it is time for white house officials to invoke the 25th amendment and remove the president from office if they are working to prevent him from doing damage, lashing out declaring what kind of crisis do we have?
senior officials believe the president can't do his job, following the rules laid down in the constitution. top officials are clearly dismissing the attack as key people close to the president circled the wagons. i mentioned milania trump, the use of anonymous sources, slamming the anonymous official saying to the writer of the op-ed you have not protected this country, you are sabotaging it with your cowardly action. there was speculation that mike pens, it was utilized by the people when creating a space force, it is possible the real writer used the word to pin this on mike pens whose aids made clear he had the guts to attach his name to any op-ed, the president's rally said there is speculation anonymous is a man, he is saying it could be a woman. >> that is a little disguised.
for the sake of national security, the new york times should publish his name at once. i think reporters should investigate who it is. >> reporter: there was a bazaar top official having to deny it is them including white house counsel don mcgann already the under scope with cooperation for the special counsel. he was on the hill, and literally dozens of top officials and formal statement say they are not anonymous. and top deputy pending the op-ed, patently false, aimed at the treasury secretary to suggest he did it. all these denials keep the story alive, and rand paul tonight saying he thinks lie detector tests would be a good idea.
>> the kavanaugh hearing, the supreme court nominee with its own words, ask about the mueller investigation and much more. his turn in the spotlight. democratic senator cory booker opened the supreme court confirmation hearing for brett kavanaugh with a pledge saying he's willing to risk expulsion from the senate in exchange for releasing brett kavanaugh emails, for public consumption. one of the committee's most senior members, john cornyn of texas cautioned booker. >> running for president is no excuse for violating the rules of the senate or confidentiality of the documents we are privy to. that is a responsible conduct unbecoming a senator. >> reporter: documents or emails from his time in the bush 43 white house in the month after 9/11. and the discussion of whether or
not race or national origin is used in national security profiling. late wednesday night mike leave out to work with cory booker to get the documents released even walking across the room to shake on it. this morning booker released more documents via email and twitter and said this about cornyn. wondering if the documents were those lee worked with, we reached out to booker's office and got no response. a short time later senate judiciary committee staffers told reporters the documents in question had been cleared. senators. booker, coons and leahy had been notified shortly after. and whether or not he knew the records were cleared for public release before he said this. >> senator cornyn believes i celebrate - violated senate
rules, i cordially invite and accept the consequences. >> reporter: not a spokesman for the senator nor esther booker, when the documents were ready for public release. rather than praising bipartisan efforts to get documents released booker told us this. >> the governing their own process, they rush to release them. >> reporter: brett cavanagh continues to field questions on hot button issues. >> roe v wide recognized abortion rights and reaffirmed many times. >> reporter: and the mueller investigation. >> the question is will you commit to recusing -- >> the judiciary requires they commit to the case and issue a commitment on discretionary recusal issue. in either direction. >> reporter: after the email
discussing the use of racial profiling, brett kavanaugh's email shows he was advocating a race neutral policy, they believe booker's efforts forced out documents. senator booker continues to release more documents on twitter, senate judiciary committee tells me some documents are still classified as committee confidential. ben sachs joins me with the questioning and hearings this week. your reaction to what we saw this morning? >> there are two sides to how you feel about hearing like this, he did a great job, both his temperament and substance and the way he answered questions, that is good for the republic. the senate as an institution is a joke too much of the time at those hearings were a circus, so much nonsense, consistent dishonesty.
>> you call the politicized circus. your colleague senator lindsey graham said i'm here to defend circuses, they are fun and you can take your kids. this is not that. you wrote this, brett kavanaugh is accused of hating women, hating children, hating clean air and wanting dirty water, declared an existential threat to the nation, alumni of yale law school and faculty members at his alma mater praised his selection, writing a public letter to the school saying, quote, people will die if brett kavanaugh is confirmed. these hearings, do they serve the american people? are they worth the time? >> the legislature needs to be the political body, needs to be in front of the american people. some people got arrested yesterday, that stuff needs to happen in the public eye and legislature but it would be a lot more useful if they were debating substance. it felt like a grandstanding show as people tried to figure
out how to rally their farthest left us to base as they run for president to a half years early. heather: a lot of discussion about the role of precedent, roe v wade keeps coming up. you asked about that as well. it is possible to get things long, presidents don't last forever. here's what he said. >> the factors the supreme court looks at, whether the decisions are wrong or grievously wrong, inconsistent with the law around it, what the consequences are including workability and alliance. heather: what about writing a judicial wrong? >> can the supreme court make a mistake? he said absolutely. let's start with plessy versus ferguson and the supreme court comes out with a ridiculously racist decision with only one distance, 50 years since brown the board. we went precedent because judges shouldn't make up rules as they
go along and we want different circuit courts to know how to meet out justice but that doesn't mean every precedent is sacrosanct. lots are wrong. whether you call that super precedent there are precedents that are wrong. brett kavanaugh didn't go near this but i believe one of the grievous wrongs of the supreme court is roe v wade. i serve in a political branch, the legislature, i want us to recognize babies are babies and do protections. ultimately brett kavanaugh didn't go near there, he often admitted the court is wrong. he said brown the board is one of the best moments in us history. a correction of a wrong. >> it is time to get rid of him because he is partisan. they point at comments from his hearing to his confirmations
current seat on the dc circuit where he testified he wasn't handling a particular judge's nomination, and email shows he was invited to a meeting to discuss the judge's nomination. of confirmed democrats will have grounds to call for impeachment every day with a literal rest of his natural life. he perjured himself before congress, we have more on him. >> of today was a circus that is the trapeze act. we need to back up and say what did he do when he worked in the white house? he was a lawyer, spent three years as staff secretary. if you are president of the united states a lot of paper comes and goes to you, democrats tried to say they have not been able to get brett kavanaugh's documents. this is an unprecedented amount of paper. more paper on brett kavanaugh has been handed over to the senate than any confirmation in the supreme court vacancy in us history. as much paper as the last five
nominees combined. what they didn't get his every piece of paper that belongs to george w. bush because brett, was involved in shuffling it so the idea that brett kavanaugh withheld information because of that email is laughable. heather: great piece by you, we will send it out to folks, thanks for coming by. >> thank for having me past my bedtime. heather: cory booker rebuffed a reporter's question about a comparison of himself to the slave gladiator who challenged an empire. >> i appreciate comments of my colleagues, the closest i have in my life to and i am spartacus moment. heather: chuck grassley a thing or two to say about the fireworks today, next. fireworks today, next. not in ti. hey, no big deal. you've got a good record and liberty mutual won't hold a grudge by raising your rates over one mistake.
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♪ >> shannon: they argue the kavanaugh hearings have devolved >> those who argue the brett ved cavanagh hearings have devolved into partisan political theory getting a boost from a prominent center who compared himself to spartacus, slave who led rebel uprising against the roman empire. good evening, trace.
>> reporter: emails show brett kavanaugh discussing racial profiling when he was a white house lawyer post 9/11. new jersey senator cory booker said the emails were damning documents that could derail brett kavanaugh's confirmation. then in an act of civil disobedience he released them. >> i'm going to release the email on racial profiling. i understand that comes with potential outing from the senate. >> no senator deserve to sit on this committee are serving the senate in my view if they decide to be a law unto themselves and bring -- >> closest i have in my life to and i am spartacus moment. >> booker is referring to the movie scene when a roman general demand slaves turn over their leader, spartacus, or face execution. >> i'm spartacus! >> i'm spartacus! >> i'm spartacus!
>> i'm spartacus! >> i'm spartacus! >> senator booker's release of emails was far from spartacus moment because he didn't break any rules. republicans on the judiciary committee had worked with george w. bush library to clear the emails was a lawyer for president bush that we were surprised to learn about senator booker's histrionics because we had our he told him, using them publicly. byron dowd tweeted i asked cory booker if his remarks were a stunt. he told me i was violating the constitution by being in his way. white house to be press secretary called booker's comments, quote, embarrassing and it turns out the emails were not damning at all, they showed brett kavanaugh was against racial profiling telling colleagues he favors, quote, effective security measures that are race neutral which prompted this, brett cavanagh did not
want to racially profile people after 9/11. bravo spartacus. ben schapiro wrote cory booker released classified documents with damning details, reality, not a single element of this claim is true. senator booker is continuing to release committee confidential emails and some have not been cleared. heather: senator chuck grassley stopped by the skybox where we are reporting the dustup over documents senator booker decided to release later this morning. >> they were requested late last night. we will go to the department of justice to get final approval whether it is within the law to release them. by or:00, 5 and half hours before he made a statement, he knew they were available.
and didn't do anything other than making a show. >> what he said, he violated the rules last night when he started talking about document in the hearing and throughout the day he continued to release documents that keeps the committee classified. will there be any repression for that? >> that is up to the senate within the jurisdiction of the committee. there are certain protocols, let them handle it. heather: criticism from democrats who haven't had enough time to look at these documents and that is leading to some of these problems. how they respond? >> talking about committee confidential. did have one senator ask in a timely way. a lot more could be done.
the midnight hour since last night asking for document so i would say it is a little bit their own laziness about getting their request in. heather: the level of document he released for this nominee are more than the nominees combined. a lot more from the nominees. >> these are the relevant documents necessary, a lot more, if you tell me what senator schumer said, something senator leahy said on sonja soto mayor's nomination, she was a circuit
court judge who went like this, i am paraphrasing. if you want to know what kind of judge somebody is going to be, that is the best record to make a determination. this gentleman on the circuit court for the best way of knowing whether to be on the supreme court. heather: did this backfire? ethan bearsman and pat vincent, welcome to you both. most of my day trying to run down what senator booker knew and when he knew it.
told by the senate committee staffers, you heard from the chairman himself it by 4:00 am, were told these things are for public consumption meaning you won't be in danger of being kicked out of the senate but here's what he said knowing that. >> i will say i did willingly violate the chair's room on the confidential process. i take full responsible for violating that because i sincerely believe the public deserves to know the nominee's record. >> neither he nor his staff knew what he knew when. what do you make of it? >> with the senate there are theatrics that happen in the world of politics and he played it to his advantage but with this information it may not be as much to his advantage but it is important that the american people get access to the documents that senator booker is releasing.
it is important we understand that we know what brett kavanaugh was saying in the bush white house so we have a full review than judicial rulings. >> what is the point to know what he was discussing and thinking in the bush white house? >> this was a preplanned stunt evidenced by the fact that he went forward with this preposterous show of self martyrdom, look at me, i am breaking the rules, your declining that i broke the rules, let me break them again. he is positioning himself for future office, playing to a certain constituency for approval and campaign dollars and was also among the democrats who announced they were opposed to brett kavanaugh on the first day he was named the nominee. this other noise, i am pathetic to the arguments made in good
faith but for people like corey booker they are not interested in any more facts about brett kavanaugh but getting themselves elected president and brett kavanaugh has been on the dc circuit court of appeals, a hugely important and influential court for 12 years and before that was confirmed, 57 votes in the senate confirmed to that position. the most important body of work was what he did on the bench, should have been the focus of democrats group the and it was not. heather: i want to read something from the new york times, they have their eyes on 2020, no time like a supreme court nomination hearing to grab media attention and footage for campaign commercials but they are less given to high drama, the hearings have been like a campaign audition. is that fair?
>> i think this demeans what is happening. why are democrats so against brett kavanaugh? it is an important time in the supreme court, he is the swing vote replacing justice kennedy and in this case we are talking things like lgbt rights, the 1964 civil rights act, gender orientation, kennedy held the court a certain way. brett kavanaugh is leading another, a big one. there are major issues this court is about to change with brett kavanaugh and it reminds me of the locker era. i don't want to go back to that time and i he feel that is where we are headed, the federalist society want another originalist judge and change the lay of the land. >> i would like to or 3 more of them after this justice but you in your conversation with
senator sachs were talking about the accusation that judge cavanagh perjured himself from the website above the law. the former editor of that website went on twitter and meticulously debunked that ridiculous claim with context and fair-minded analysis. democrats on the left have nothing on brett kavanaugh which is why we saw showboating and shrieking from protesters because there's no substance. heather: doesn't have been carted off every day. i want to know do you think anyone stands up tomorrow and says i particles? does that happen? we heard everything else. >> it would be a great troll. heather: thank you for your time tonight. late breaking news on james mattis, that story of where he is tonight when we return. psst! craig and sheila broke up. what, really? craig and shelia broke up!? no, craig!? what happened? i don't know. is she okay?
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jim mattis in the love storms around the white house, heading to an undisclosed spot on a secret mission. here's what we know about what the secretary is up to. >> reporter: a very violent and deadly week in afghanistan. insurgents kill 19 insurgents after twin bombings in kabul killed 21 people mostly civilians and injured 90 more. isis claimed responsibility and u.s. army sergeant was killed in an insider attack. the seventh overseas deployment, he was shot dead by the afghan police officer who came to afghanistan to train as part of his mission in the defense secretary sounded optimistic about where the war in afghanistan stands. >> more indications that reconciliation is no longer a
shimmer out there. the framework with lines of communication. >> reporter: donald trump made it clear he wants to end the 17 year conflict, the longest in us history. according to bob woodward's new book his frustration with the stalemate in afghanistan boiled over, he reportedly asked mattis and other military leaders, quote, when will we start winning some wars? you should be killing guys, don't need a strategy to kill people. he went after the us commander in afghanistan, john nicholson, saying i don't think he knows how to win. there is no victory. general nicholson's last day in the post was the day before those excerpts dropped.
heather: twitter band alex jones, the real news roundup. suspending jones and his info wars account, harassing messages that violate its policies against violence and hate speech. this means jones will not be able to re-create a presence under another account. a fire at a republican party office being investigated as arson. agents from the federal bureau of alcohol, tobacco and firearms are involved due to a potential political motive. a missouri college yanking at uniforms that feature the nike logo over its endorsement deal with colin kaepernick. the president of the college of the ozarks, a private christian school says if nike is ashamed of america we are ashamed of them. donald trump warning on twitter he could declassify documents related to the russia probe, prompting a dozen gop lawmakers to urge the president to declassify fisa warrants that
spite on former campaign aide lisa page. brett kavanaugh by the numbers. are protesters being paid? fact checking a claim on abortion, we have your answers. is robie wade settled law of the land? what judge cavanagh's leaked emails say about that when we return. that's why capital one is building something completely different. capital one cafés. welcoming places with people here to help you, not sell you. with savings and checking accounts with no fees or minimums. that are easy to open from right here or anywhere in 5 minutes. no smoke. no mirrors. this is banking reimagined. what's in your wallet?
♪ >> shannon: democratic senator makes some corrections on key figures on abortion. that and >> democratic senator makes corrections on key figures on abortion in the brett kavanaugh by the numbers. >> protests were a big story on capitol hill, 70 arrests according to capital police, two categories of protests, those who are in the back and shop and those who dress up, handmaidens from the handmaid's tale and this man who made a bold statement.
are the arrested protesters coming back? between the committee and us counsel, if you get arrested you should becoming a back but many slip in it is not a perfect system. are they being paid to protest? not technically. sometimes people are paid to stand in line but covering the fines of many of those. dianne feinstein is being criticized for being too nice to brett kavanaugh. in a fight against kevin de leon. a top democrat on the committee, liberal activists don't like it. here's a fund-raising, are you kidding me? trying to drive a wedge and energize the liberal base against dianne feinstein. you govern in prose, there is a reason cory booker did what he did earlier today. he was campaigning. abortion is a big issue at the hearing but feinstein might not
have her facts straight. as many as 1.2 million women died after having abortions in 1950. there are two republicans swing votes, lisa murkowski, susan collins of maine, democrats want them to read a 2003 kavanaugh email about abortion, he didn't tell the truth, he said it was settled law. >> brett cavanagh's views on abortion under fire because of leaked emails which critics claim show he questions whether it should be considered settled law. we break that down, here to debate, director of communications from planned parenthood and chief counsel, long days of hearings, thank you for being with us. great to have you with us. i want to start with the email leaked to the new york times, i not sure all legal scholars
refer to row as settled law of the land. the supreme court can overrule its own precedent and supreme court justices would do so. he said he was referring to an article that was going to mention every scholar agrees this was settled law. he said he was making the point he was trying to be accurate, not everybody agrees on that. he didn't say it was about him personally. >> something we know to be true, settled law is only settled law when the supreme court intervenes. he acknowledged it could be overturned. >> yesterday this came up. we agree more than any other topic, lindsey graham, republican who has pushed for the 20 week ban on capitol hill. the cases have to bubble up, but
a lot of folks on the pro-choice side say those cases are coming. >> a lot of people trying to pin brett kavanaugh down, they know he's not going to answer because this is every member of the court had the standard answering those questions. to give campaign promises in exchange for their vote. and the judiciary, it is an interesting play back and forth. >> people from all legal scholars, the
broader point, roe v wade is important to the supreme court. >> you won't it is substantive debate. >> she made very clear, fundamental to woman being treated like a human being in this country. so much is at stake. it is access to abortion. these rules limit access to birth control and what you have seen, heather: in some of those cases talking about access to birth control in a case where he rules
employers can't be forced to pay for things, things they find personally offensive. >> that was a very clear conclusion based on religious freedom, nothing to do with roe versus wade but people going back to the question of the same grandstanding. they already clarified i'm not going to answer questions which as you said could come back before the court. as a judge he has to be independent and continuing with the histrionics is doing democrats a disservice. people like joe manchin and heidi heitkamp are cringing watching these hearings. the first day of questing hadn't even finished before they were saying he sounds pretty reasonable. people like solicitor general endorsing him, clinton's lawyer
during the monica lewis key trial saying this is an amazing judge. if you come out of a contentious thing like that, he is failing through this process. heather: any stopping him at this point? >> talking about the protests that happens, there's reason. people are concerned their health and rights are at stake. take a look. he's coming into this, already praised the defense, somebody with a staff of approval from the heritage foundation which don't believe roe versus wade should be overturned and donald trump promised to nominate justices that would overturn roe versus wade, antiabortion groups like the susan b anthony list spending millions, you don't do that to coach basketball. heather: there is enormous pressure on lisa murkowski, met
♪ >> shannon: the attorney general of new york >> attorney general of new york and new jersey diving into investigations of the catholic church in response to sexual abuse cases involving hundreds of priests in pennsylvania. lauren green has details. >> reporter: the call for answers to investigate who knew what and when in new jersey and new york attorneys general announcing plans to investigate sexual abuse. new jersey's attorney general
will form a task force to investigate allegations. underwood will subpoena all eight of the state's roman catholic diocese just a few weeks after pennsylvania's grand jury found 1000 cases of abuse by 300 priests. of saying in a statement that they shined a light on an incredibly disturbing and depraved act by catholic clergy assisted by a culture of secrecy and coverups in the diocese. victims in new york deserve to be heard as well. one of the largest catholic populations in the country, more than a third of the state. in a statement and archdiocese spokesman saying the state attorney general investigation is not surprising and, quote, he will find the archdiocese of new york and the other 27 diocese ready and eager to work together on an investigation. the latest round of revelations is a watershed moment for pope
francis, yet to respond publicly, he acknowledged the suffering of victims in a letter and recently spoke about his meeting with victims in ireland. >> the meeting left a deep mark on me and i asked the lord for forgiveness. >> the pennsylvania attorney general created a hotline for victims to call and urging lawmakers to pass legislation that would change the statute of limitations and allow older cases to be prosecuted. >> thank you very much. a later moment during today's confirmation hearing, the judge spoke about the basketball teams, many of them watching the man they call coach k being grilled, the coach and players, he named them all one by one, we
wondered how these young women would react to numerous protesters, they were pros, ties forward, focused on their coach. most-watched, most trusted, most grateful you spent the evening with us. insurance that won't replace the full value of your new car? you'd be better off throwing your money right into the harbor. i'm gonna regret that. with liberty mutual new car replacement we'll replace the full value of your car. ♪ liberty. liberty. liberty. liberty ♪
jillian: this is "fox and friends first". happening at 4:00 am putting pressure on the press. >> for the sake of our national security the new york times should publish his name at once. heather: op-ed outrage growing as donald trump slams the new york times author, and pressing brett kavanaugh overall emails as cory booker drops confidential files.