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tv   The Daily Briefing With Dana Perino  FOX News  September 28, 2018 11:00am-12:00pm PDT

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feel better, i'm not expecting them to vote yes, but not to complain that an fbi investigation has not occurred. and this is what i'm trying to do. this country is being ripped apart here. and we have got to make sure that we do due diligence. i think this committee has done a good job, but i do think that we can have a short pause and make sure that the fbi can investigate. my understanding is that some of us would have to and i'm prepared to do it, make a request to the white house to ask the fbi to do that investigation. it would be short, and limited in scope to the current allegations that have been made. but, i would just encourage the democrats who we talked to before to endorse that kind of thing, that we can then move on. >> mr. chairman? >> because of the two hour rule, we are adjourned.
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>> what? >> and there you have it, you heard somebody just saying to chairman grassley, what? we're adjourning two hour rule. what we have seen there, i do not believe we have at least in the open era ever seen and that is senator jeff flake went into that small ante room that we were speaking of just before they took the vote and he cut a deal of some sorts with the democrats and then it wasn't clear what he cut. so, chairman grassley said a point of personal privilege allows senator jeff flake to explain to us basically what just happened. so senator flake said, you know what? i'm going to vote yes on the motion to report the nomination of brett kavanaugh to the full senate floor; however, i agree with my democrat friend, senator chris coons and others that there needs to be at least a week, not a at least trimmed
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to a week and trimmed in scope fbi investigation into the testimony that we heard from dr. blasey ford and judge brett kavanaugh yesterday. and witnesses that were coming forth who said they didn't see anything and heroes who said they didn't remember anything and affidavits and all of that the fbi gets a peek at this. well, as senator lindsey graham said, yeah, it doesn't work that way. it's not up to you jeff flake and we realize that your vote is important when it comes to the full senate floor, however, it's up to chuck schumer and mitch mcconnell to work out a deal. mitch mcconnell is the majority leader, chuck schumer is the minority leader. you are neither of those and when this gets to the full senate, they can talk about it and we can see if there could be an fbi investigation. jeff flake says though if you want my vote on the full floor, this is what it's gonna take. who does he take with him? does he bring lisa murkowski of alaska? does he bring senator susan collins? does he bring those swing votes along with him if he
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says nope, i'm not going to vote unless you give an fbi investigation a week's time to move forward. and then there were questions. you saw. so democrats were not even clear on what this meant. dianne feinstein, what are we voting on what did i just say? i am in favor of an fbi investigation. so what does that mean? and how do we know it's just a week? let's bring in bret baier. let's bring in chris wallace as we watch this situation, i believe, and i said this, we have never seen this happen before. but, before we do that, i do want to just set the scene here from what you are seeing. you see senator ted cruz of texas there. they are finally exiting the room there was a little confusion why this ended so abruptly. chairman grassley says two hour rule. we're done. and we could feel that tick tock in the time that senators were, some of family filibustering like cory booker. but some just giving their
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sort of heart felt motion about what we saw yesterday and how we go forward. please stay tuned to this fox news channel and this fox broadcast station for continuing coverage of the story. i'm harris faulkner wrapping up our coverage now on our broadcast stations in new york. all right. let's continue here on fox news channel. and i do want to bring in chris wallace and bret baier. i said before, chris, that this is unprecedented. am i right about that and what happens next? >> in the course of congress there have been some last-minute deals. i certainly have never seen anything quite like this play out live on national television. and this is -- it was fascinating to watch. and potentially it could be a serious set back to the nomination of brett kavanaugh. and let me explain. you were exactly right in
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what you said. flake is just one vote and he is just offering one opinion which is that he wants to see a week's delay in the senate floor consideration, at most a week's delay while the fbi holds -- conducts its investigation. but, in the end, mitch mcconnell and it really isn't mitch mcconnell and schumer. it's mitch mcconnell as the majority leader who sets the schedule on the senate floor. >> harris: senator graham mentioned them both. >> no, no. i'm just saying mitch mcconnell is going to make this decision and he is going to look at the votes. flake sounds like, he didn't say it, but it sounds like he would not vote for the nomination unless there were an fbi investigation. now, you go to the two other republicans out there that you have mentioned murkowski and collins. if they say yeah, we would vote for it anyway. we don't need that then we will go ahead and vote on tuesday, on the other hangsd if f. they join with flake we agree there should be a week's pause. fbi investigation and no vote until, then suddenly,
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mitch mcconnell does not have the votes to pass this nomination and is he going to have to agree to this and democrats, you know, are going to just count their lucky stars and say who knows, given the events of the last two weeks, who knows what could come up about brett kavanaugh in the next week and this is potentially, if those two others follow suit, this could be a big set back for the nomination. >> harris: chris, i want to break in here and i will come to you in a moment friendships on the hill. this is coons and this is flake. right now amy klobuchar senator from arizona is speaking can we watch? >> quite an independent in terms of a lot of the decisions he makes and what he says. he just felt that he had a very important role to play here as a member of the committee. thank you. >> is he still in there. >> huh? >> i believe he is still in there and again a number of us had suggested the week. i suggested it today as did senator coons. and did we actually think that this was going to
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happen today? no. but we are in a better place than we were at 8:00 a.m. this morning. >> why do you think flake switched? >> i think you should talk to him. >> senator graham. >> so, amy klobuchar speaking at the mikes that are set up as the senators are exiting. senator lindsey graham. let's watch. >> i think i know what happened. i hope some democrats will say if we do what jeff said that would end the process dispute. at least a few of them. i don't expect any of them to vote for the guy. but if we ask the fbi to look at what's in front of us, no later than a week no, longer than a week, and they would say that would be a better process that would be progress and jeff is trying his best to, you know, bring the country together and vote the best way he knows how. i don't know if that's the agreement. i will get back with you. >> do you expect senator
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mcconnell to honor. >> i don't know. that's why i'm going to go talk to him right now. >> do you think it would be a good. >> last time i looked you need 50 votes. [laughter] >> all i can safe is right now what jeff is saying is -- makes sense to me. >> murkowski -- >> -- i don't know. i'm not speaking for mitch. i'm going to talk with jeff. somebody has got to explain this to trump. i guess that will be my job. [laughter] >> are you going to back this move? >> huh? if i'm nothing i'm practical. okay. >> harris: did you catch what senator graham just said there? he said somebody has got to explain this to trump the president of the united states and he said well, i guess that will be my job. if we can bring in bret baier. you know, bret, there were two things that really stood out. there was amy klobuchar earlier, a senator from minnesota and i brought this
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up suddenly talking about a week. because it had been maybe the two or three days that we saw on the anita hill hill investigation from the fbi which was three days. but those -- that lingo of one week really stood out to me. the other thing that stood out came from you. and that was the relationship between senators jeff flake and chris coons. talk to me about how that played a role. you know them both. >> i do. they do have a strong relationship and obviously chris coons was making his case for this delay to senator flake who had already put out that statement saying he was going to vote yes on brett kavanaugh. so, they really cornered him democrats did led by coons and had the discussion right off the committee room. they obviously came to some conclusion and you heard senator flake. now, the confusion was is that they thought there was going to be an amendment to the committee recommendation. no, what flake was saying was, i'm going to vote to move this forward, but my vote on the floor is contingent on a one weekor weekr
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however long with a cap on investigation. >> and scope. >> bret: and scope into allegations. judge brett kavanaugh said that every day has been executioniating because every day there is another what he says are false ridiculous allegations his family has to go through all of that then you have the situation with president trump, senator graham joked about it. but, the white house, we're told is, scrambling to figure out what exactly is happening. >> harris: lindsey graham is speaking again, bret, excuse me. let's watch. >> not done with background check. >> i think what jeff is saying well, one, you can have the fbi and the cia and the foreign legion and they're not going to tell you any more than you know now. that's my view but we will
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see what happens. >> he said he is -- a week is enough for him or maybe less. so we are not playing this game of opening this up and it goes on forever. what he said was that i would feel better if they had a week to look at what's in front of us, no more. some democrats have said okay with that. now, i would like them to come forward. i'm going to talk to mitch and jeff and eventually engage with the white house. again, i don't think we need this. i am long sense ready to vote. i think he has been very poorly treated. judge kavanaugh. >> do you think this is going to save judge -- sink jude kavanaugh's nomination recommendation i think jeff feels good about judge kavanaugh. he wants to make sure the process is fair. you have to ask him. i have never felt better than him being on the bench than i do right now. >> senator graham. flake put out a statement this morning saying he was going to vote yes so what changed. >>this is called democracy.
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he talked to his colleagues and they are going jeff, jeff, please just give us a few more days. jeff is a really good guy. i wouldn't have done it. [laughter] but, please, let's be fair. and jeff is trying to be fair. i just don't see we are going to benefit from anything in terms of i have been doing this most of my adult life. 35 years ago, you know what you know and have you heard what you are going to hear. having said that, this is called democracy. >> people like you who believe that brett kavanaugh is innocent of things he has been accused of. do you think this might help other people in the country feel better about this person on the supreme court if a week from now the fbi comes back and says we're good. >> i think the people in the country are going to feel different lay week from now you can probably put in a phone booth. however, if jeff feels better about it, i feel better about it. >> i'm practical guy. >> senator graham, do you think he was moved after he was con fronted by protesters on his way to vote this morning? >> no. listen, this is jeff flake.
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i mean, this is wh what i actually like about the guy. susan, all these people take it really seriously. jeff is not a lawyer. this is hard. again, i have been in the lyle system. you have a lot of emotional decisions to make but the fact pattern here lends itself to i'm sorry there is not enough, we have got to move on. but, having said that this is jeff flake being very sincere and what he is trying to i do respect the hell out of, this trying to get some democrats to buy in will a week matter? some of them said it, would some of them want to go on and on and on. and some of them say a week longer would make a better progress. >> do you think the republicans would agree to one week delay. >> if i could quit talking to you all i will find out. >> come on back, senator. >> harris: and with that senator lindsey graham wants to know if the majority leader in the senate would actually even agree to an fbi investigation for a he can would. you saw our peter doocy there about to give some notes on this. i want to bring in chris
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wallace right now, bowers the conversation that we have been having during this history-making moment and i guess you could say every moment makes history but this one in a very memorable way has to do with what senator lindsey graham said. he said you know the last i checked you need 50 votes. does senator jeff flake count? yes, he did. >> i love lindsey graham and he said i'm a very practical person. i'm sure he is not happy at all with this development, he stands if the votes to put the demonstration over the top and we know at least one of them jeff flake flaking one week delay has to take them seriously. then they are going to talk to lisa hour can you ski. and susan collins. if they jump on they don't neat jeff flake's vote and ignore it if they also say we want a week delay at most for an fbi investigation,
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then they are going to have to listen to that and they are going to have to delay. i will say this though, you know, i do believe that jeff flake is acting in good faith. i'm not sure that all the democrats are. and you heard him say at most a week delay. i suspect you are going to have some republicans a week from now, some democrats really. >> harris: chris,ville to cut in. president trump is speaking. let's watch. >> looked like a very fine woman to me. very fine woman. and i thought that bret's testimony likewise was very something that i haven't seen before. it was incredible. it was an incredible moment, i think, in the history of our country. but certainly she was a very credible witness. she was very good in many respects. and i think that -- i don't know if this is going to continue on ward or if we are going to get a vote. again, i'm here, so i'm not
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out there watching because i can't be i have great respect although maybe we will go watch together, okay? we will watch together. but i think it will work out very well for the country. i just want it to work out well for the country. if that happens, i'm happy. >> have you thought at all about a replacement for judge kavanaugh. >> not even a little bit. not even a little bit. >> what's your message for murkowski and collins? >> i have no message. i mean, they have to do what they think it is right. there is no message whatsoever. they have to do what they think is right. they have to be comfortable with themselves and i'm sure that's what they're. >> would you be willing to reopen background investigation into kavanaugh. >> i'm going to rely on all of the people, including senator grassley who is doing a very good job. that will be a decision that they are going to make and is he suspect they will be making some decision soon, whether to take a vote or to do whatever else he want this to do. i will be totally relike on what senator grassley and
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the group decides to do. okay? [inaudible] >> going to talk about venezuela today. >> i was waiting for that question. we will be discussing venezuela among many other things. a lot of interesting things going on in that part of the world. but, chele is really something special. look how far they have come. look how well rub the country is. it's a great honor to be with you. thank you very much. thank you very much, everybody. >> whatever they think is necessary is okay. >> we will see what happens. we know he wants to meet with us. we will see what happens. venezuela is a mess. and it's got to be cleaned up and people have to be taken care of. thank you very much. >> thank you.
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>> harris: so we're watching tape from just moments ago from inside the white house. the president, we knew his schedule today. and he is meeting with visiting leader of capitol chil, and yochile.you see the two men, and they are doing this traditional what we call a taped spray of them first together in the white house and then reporters shouting questions about what we have seen unfold before our very eyes in the last hour or so. and that is the nomination process for the next supreme court justice, that nominee being brett kavanaugh and a push now from a republican who holds an important point if he doesn't give the process, when it gets to the full floor of the senate next week, his vote of yes, i'm brett kavanaugh could potentially bring other republicans with him who are known as swing voters. lisa murkowski and susan
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collins on the issue of should there be further investigation of this, fbi investigation, can we see a week? and the president asked about that. i want to bring bret baier back. you know, bret, we were just talking about those 50 votes you need. you were talking about the relationship between senator jeff flake and democrat senator chris coons and how this maybe hinged on a relationship that they have a friendship. did you hear the president there? i don't know if we'll go on and get a vote. and now christopher coons. bret, i will come back. >> the democratic calculation hacaucus hadbeen cai investigation. i will say this i think yesterday's very long hearing was a difficult day for dr. ford, a difficult day for judge kavanaugh. i think it was difficult for the american people to see our judiciary committee in the senate so divided. and the tone generally so partisan. what i am encouraged by is that in a ante room back
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hall conversation first with senator flake and then with senator feinstein and then with many other senators of both parties, there was a broad agreement that this committee has been too divided and too partisan in this process and a hope that by having the fbi luke into these allegations for just a few more days limited in scope and time, that we can both show respect for victims who have come forward with allegations and give judge kavanaugh some prospect of his name being cleared in some ways before a final vote and give the members of the committee and of the senate some reason to have more confident before proceeding to a final vote. are there any questions? >> what happens if the fbi investigation is not completed in one week's time? what will happen based on your conversation with jeff flake? what will happen at that point? >> here's what i said i can commit to because i don't control the fbi and i don't
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control whether or not other allegations come forward. i will say and i am saying now, that i am deeply grateful to senator flake and others to i believe will join him in saying that they are not comfortable proceeding to a final vote on judge kavanaugh's nomination without a short additional professional period of investigation. there is understandable concern on the part of many senators in the other caucus that they expressed in judiciary committee meeting that there will be additional allegations coming forward. if they are, i think those should be investigated. what senator flake has proffered and what i support is the idea that it should be no more than a one week delay before a final vote and that, frankly, the current allegation should be sufficient for the fbi to give some further input to the members of the committee about whether there are or are not reasons for there to be some cloud hanging over
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judge kavanaugh's nomination. >> are there enough other republicans? are you confident there are enough other republicans a final confirmation vote so that mcconnell would not have to -- >> i'm optimistic about that. i would urge to you ask other senators how they will present themselves. i think senator flake and i having had some conversations with colleagues had reason to be optimistic that that could be successful. >> participated in the meeting in the back. >> at some points virtually every member of the committee at some point bass in the back hall. >> were there any senators thaty not murkowski. >> correct. they are not on the committee. they were not physically present. >> there were a number of conversations back and forth. >> dissuade him from doing this. >> murkowski on the phone were, they called at any point? >> i'm just going to say that i have had had conversations with a number of other senators, republicans and democrats.
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i have had a number of conversations in recent days with colleagues, republicans and democrats about how could we possibly get to a further fbi investigation to address some of the credible allegations dr. ford brought forward without extending the time line. because my republican colleagues, as i'm sure you heard very pointedly have accused democrats of simply trying to hold this open past the elections. that is not my goal. my goal is to simply encourage a number of friends and colleagues in pressing for the fbi to consider seriously the allegations that are before it. >> if you can answer -- the flip side of that then, are there other democrats you think who will be willing to drop their process complaints about this if the fbi investigation is indeed done? is that the flip side of this deal? >> i would encourage to you talk tore democrats on the judiciary committee. i am certainly coming forward to say that i am grateful to senator flake. i am hopeful that the
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president will direct the fbi to further investigate the allegations that are currently before us. and that i think this was a significant step. and that i am hopeful that the republican majority will embrace this one week pause for a limited in scope additional investigation. it's my hope that a report will be delivered to the judiciary committee minority and minority. >> harris: we have been hearing from senator chris coons who is the democrat who apparently cut the deal with senator jeff flake of arizona for at least a pause for a week in the process confirmation should it be ready to go for a full senate vote next week on kavanaugh. of course, they don't control it let's bring in chris wallace and bret baier. bret, i want to go back to you because before we started hearing from everyone, you and i were talking about getting the vote. how do you, by the way, how do you contain an fbi investigation? i'm curious about that because we haven't seen a whole lot of that, lately. >> a couple of comments.
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one, senators love to talk. two, they are saying, chris coons is saying that he doesn't control if other allegations come forward. i mean, that is a -- if there is not a signal they don't. we have seen the fires that the kavanaugh team has had to put out and address: i think there is a real question about how an fbi investigation works and goes forward. they are very confident. they can ask questions. if they come back and there is no witness or information to corroborate dr. christine plazablasey ford does anyone believe any one of the democrats on the senate judiciary committee would somehow change their vote? that's one thing. the other thing is just context. just the time line. i mean, if you just look at the process, senator dianne feinstein gets this letter
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in july there is a whole slew of things that happen including her advising dr. christine blasey ford to get an attorney. saying you should get the katz law firm. then comes forward with the anonymous letter that passes it off to the fbi but doesn't bring in republicans at all. so the investigation from -- you could see from the senate judiciary republicans they feel they were left out at the beginning of the process. they negotiated with senator flake and his vote is pending on extending this one more week. lindsey graham said it perfectly. it is a democracy. it all comes down to votes. when you are the 51st vote, you have a lot of power. >> harris: apparently a lot of power. bret baier, thank you. i want to bring in chris wallace back now. you know what name we are not talking a whole lot about is judge brett kavanaugh. what in the world on the sidelines are you thinking now? we just heard from the president and he said,
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chris, dr. ford was a very fine woman. and glowing remarks about that. when asked about the vote, i don't know if we will go on to get a vote on the fbi investigation going to rely on all the people including senator grassley. and you say? >> he may be the president but he doesn't have a lot of choice in this matter. mitch mcconnell the senator majority leader is going to count votes. chris coons in his statement, he didn't say that but he certainly implied that when he made this deal with flake that he had talked to other senators, he said he had talked to other senators, other republicans, one would assume he might well have talked to lisa murkowski and susan collins, if he has the three of them committed to this one week delay at most or fbi investigation, then mcconnell doesn't have a lot of choice in the matter neither does the president. they will have to have the fbi investigation if they want to get kavanaugh's confirmation accomplished.
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so, to a certain degree this is in the hands of these three swing moderate republican senators as lindsey graham said you need 50 votes to get anything done. 50 votes plus the tie breaking vote of the vice president. if they have that they can do anything they want and if they don't have they are at the mercy of the ghansdz of the weakest links. at this particular point that's the doubts being held by senator flake and potentially, potentially by murkowski and collins. >> harris: do those red state democrats who reportedly were on the fence -- i mean, i know the republicans lost joe donnelly today because he said he would vote against the kavanaugh confirmation when it hits the senate floor. for heidi heitcamp and joe manchin, do you have any reason to believe that a deal like this could bring them on board? >> yes. i have always felt they will not be the 50th vote.
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in other words, if kavanaugh is going to be confirmed then they will jump on. almost a free vote for them and say to people back in their home states of west virginia and north dakota, look, i didn't oppose out president's nominee on this but do i think that they would bic their own party if the republicans fell short to provide the 50th vote then hence breaking the tie i very much doubt that. >> harris: you saw dick temperature bidickdurbin hay far sword on this cause. i understand the gamesmanship number of 50 while the water is warm the democrats could get in and draft off of that chris wallace, thank you very much. i'm going to ask, you know, as we move faired here with more breaking news, we're going to take a look at this capitol hill picture. this is the outside, obviously. there has been a whole lot that's been going on. let's bring in senator joni ernst, republican from iowa. i just want to ask her about
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great to he see you senator, what the mood is on capitol hill. have you house members leaving today. >> yes. a lot going on. of course, on the hill today. we do see a lot going on with the confirmation hearings and senate judiciary. i think chuck grassley has done a phenomenal job moving through this process. the feeling is one of a little bit of chaos right now because we have to turn to our leaders and see what is going to occur in the next week. >> harris: you know, they went into this little ante room. what i have love about having you on is you can help feel the gaps. it's described as a small spaces deal making room, how much pressure do you think senator flake would have felt? >> i think there was probably eacial lot of pressure in that region.
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jeff flake is a great colleague and i respect him very much. i respect all of my colleagues. we have to turn to our leadership and see what they are determining the next steps will be because ultimately, is it will be up to them. >> harris: senator ernst are you comfortable with the idea of a one week fbi investigation? this isn't the same situation that we saw with the anita hill where they did three days. i mean, we have seen fbi investigations of late go long and broad. >> yes. harris, let me tell you what i'm uncomfortable with and that is the notion that senate democrats and dianne feinstein and her staff had this information in july and did not direct it to chairman grassley so that it could have been investigated in a timely manner. so, my question to my colleagues, many of them that i do respect very deeply is why on earth did they not call for an investigation when they received the information? i do know that dr. ford
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wanted to keep this a private matter and, unfortunately, she was disrespected. if they were going to disrespect her in such a manner why didn't they call for an investigation much earlier on. wee are this e. had gains and can be foe gused on ol the people that you love in your life. if you are judge brett kavanaugh, what do you think he is about to see right now? what is the threshold that now is required for people who want to run for office. what would you say to him. >> i would say stay strong. and god keep you and bless you. i do know how painful this can be a process. i'm sure he is hurting in the very pit of his stomach for the scrutiny that his family has gone through, not just his wife, but his beautiful daughters as well.
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he has truly been put through the ringer this last week. and i feel for the family. and many others that are considering public service, whether it's through a nomination or elected office, they have to be questioning themselves right now, saying do i want to go through this? i do want to face accusatio accusations -- do i want to face accusations whether they are true or false and be tried in the media? it's a very unfortunate situation. we encourage people to serve their country. i hopeoff will continue to do that and i know it's very difficult right now. >> harris: i know you have served yours in a couple of different ways first in the military and now as a senator. real quickly before i let you go. there is this question and you mentioned it. there is this question about why democrats didn't bring this forth. and fully understanding dr. ford's choice and thirst for anonymity. once we knew about this in a
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week ago or so, i'm curious why republicans didn't first then consider this fbi investigation. do you start to whip votes at that point and find out that this is what it might take even then? >> well, this is the understanding is the minute that that came up, the committee did initiate an investigation. now, the committee can go out, seek information, they wanted to visit with ford as soon as possible. so the committee investigation process is very, very important. the fbi cannot compel people to speak with them or to answer questions. so actually, the committee investigation at this point is much more in-depth and thorough. probably than what we will be able to find out from the fbi. the fbi does a background check. they don't do a criminal investigation. >> harris: right. then you saw that friend of brett kavanaugh mark judge who, you know, first that was a letter then it was stronger than that with language for penalty of perjury, and when you lie to
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congress, either the senate or the house, it's serious legal business. senator ernst, thank you for being on the program. >> thank you, harris. thank you. >> harris: we are in the middle of breaking news and we want to tell everybody on capitol hill that is the full senate floor. we have chris wallace alongside, too. chris, what we are hearing is that senator chris flake could speak again. this is complicated now. because i truly want to try to understand how you make a deal that you don't control. senator flake makes a deal. he knows the power of his vote. senator majority leader mitch mcconnell does what. >> he counts votes. he sees if he can get to 50 without jeff flake. if he can get to 50 without flake, is going to proceed. he will bring this through this weekend. the final confirmation vote on tuesday. and brett kavanaugh will go to the supreme court. if, on the other hand, he doesn't have the votes and there was at least the suggestion from democratic senator chris coons that other senators and one would
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suspect perhaps his is murkowski and susan collins have been party to this conversation, if he doesn't have the votes, if he is stuck at 48, then they have to bend and they will have to agree to this fbi, at most, one week investigation. and, you know, there was something very interesting in chris coonsment statement when he said, look, you know, if there are other allegations, you know, i would hope they would look at them. i have agreed to one week. can i promise you if there are other allegations, there are other democrats in the senate who are going to say well now we have this allegation. we have to have an fbi investigation of this which is why think wanted so much to wrap this up. they talk about whether you are the chairman of the committee or you are the leader of your party in the senate, this is like herding cats. and it looked like chuck grassley had gotten his 11 cats, including himself, into the corral and he was going to get a simple vote
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yes to favorably report out the nomination of brett kavanaugh to the senate. and suddenly one of the cats jumped out and now it's mitch mcconnell's problem and he has to see if he can get 50 cats into the corral. if he can't, then he have to go to president trump and so will lindsey graham, perhaps the trump whisperer in the senate and say i know you hate this but you will have to call an fbi investigation for a week because that's how we are going to get to 50. >> harris: i was asking senator ernst about this because there is a human element in it. you saw judge kavanaugh brought to tears talking about his family and what they have been through. when do you say enough is enough for a candidate if, in fact, they are going to call for an fbi investigation and you don't know whether people will come out either with good information or bad information so the fbi has been tapped with vetting that it could easily slip beyond a week. >> absolutely. the brett kavanaugh that i saw yesterday, there was no quit in him.
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in fact he said that you can do everything you wants to me, but you are never going to get me to quit. you are never going to intimidate me in a way. i don't see him, to a certain degree, i don't see how he could drop out of this at this point. any fall tiering by him will be seen by some people as an admission of guilt. i think he is in this all the way. i believe that he -- i believe him when he says that he didn't do this. i also have to say i believe christine blasey ford when she says something happened to me and that's of course the conundrum in all of this. both of them said they were 100 percent sure one that he did it, one that he didn't do it. and i don't know how people reconcile this. in the end, having the fbi investigation, at least maybe answer the question did you talk to mark judge, did you talk to the ear people? >> harris: it's not the job of the fbi to hand you a conclusion. >> no. but you can at least get the reports. this is not going to be like
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the trump-russia investigation where there are all of these threads unspooling spooling there are only three or four people that christine blasey ford has named. i can't imagine it would take three or four days let alone a week. >> harris: the democrats have said not just out ones we have heard in breaking news fashion today, you think it stays to that. it could easily be other people coming out. we have seen falsehoods along the way. chris wallace i have to go to get to a commercial break as we cover this breaking news. there is more happening on the hill and we want to get to it stand by you stay close and keep watching. shirts has been a really smart decision for our business. - [narrator] custom ink has hundreds of products and free shipping. upload your logo or start your design today at customink.com.
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>> harris: breaks new news the judiciary committee voted 11 to 10 to go to the full senate for the confirmation of judge brett kavanaugh. there's a catch. they need the votes of those swing voters, those people who said they were on the sidelines like arizona
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senator jeff flake. and so senator jeff flake in the last hours cut a deal with his deal with chris coons for a week long fbi investigation if the republicans want senator flake's vote, that's what it's going to take very interesting because neither of those men makes the decision about what happens in the senate. that would be senate majority leader mitch mcconnell. he may capitulate because they need jeff flake's vote. let's bring in chief white house correspondent john roberts. we heard from the president in breaking news fashion just moments ago because he was talking from inside the white house with the leader of chile. now john roberts, you can bring us the latest. you're outside the white house. >> yeah. and the president and the white house still trying to figure out exactly what is going to happen here and how they should proceed there is vote counting going on obviously in the senate if you can lose jeff flake but have lisa murkowski and senator collins going on still gets you tie break with the vice president. i have seen reports out we
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have not confirmed this just yet seeing reports on the way to the capitol, his is murkowski one of the swing votes here says she supports senator flake's call for a pause while an fbi investigation is going on. if you take out flake and murkowski that's 49 votes. that is not enough to get there. so the president hands may be tied here if lisa murkowski flake and you add in collins insist for a pause for fbi investigation. the president may indeed have to order one as he was sitting with the president of chile in the oval office just a short time ago just as all of this was breaking, the president hasn't had much of a chance to digest it he didn't seem outwardly bothered by the whole thing. he was smiling, winking to some reporters and said he is going to leave it in the hands of the senate to decide what to do. listen here. aparptly why don't have that sound. the president basically said it's in the hands of the senate. he doesn't yet fully know
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what's going to happen and he trust that senator grassley and his colleagues will make the right decision on how to proceed forward. now the white house could be looking at this saying gosh, 10 days ago when this all came out or two weeks ago when it all came out maybe we should have asked for an fbi investigation. i asked the president about that at a press conference in the palace hotel on wednesday of this week which seems so long ago now and he maintained all along this isn't the sort of thing that the fbi does. when you look back to 1991 and the anita hill allegations against clarence thomas came up, the fbi did, in fact, as part of justice thomas' background investigation look into her allegations. but this, again, was before any of it became public. now we are trying to put the horse back in the barn and figure out what went on prior to all of this becoming public. the president in the white house getting some help in trying to twist the arms of senators former president bush 43 has been making
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calls. my understanding is he has talked to senator flake, though not since all of this came out. so, harris, again, they are trying to wrap their arms around everything that's happening here. but, if murkowski and flake are out, that is enough that the president may have to think about asking the fbi to get involved here. >> john roberts, big news with what's happening right now inside the white house and also on the sidelines as a second senator reportedly and we'll do our own reporting to shore up the confirmation of this, but reports that senator lisa murkowski of alaska agreed with senator jeff flake that there needs to be an fbi investigation. a short time and limited one week. john roberts, thank you very much. we have been getting so much information from our chad pergram fox news senior capitol hill producer and his team. we want to bring him on now. chad, you were talking about that ante-room i know from notes that were making our way here to urgent cue here in fox news in new york that
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it was filled with democrats and jeff flake what was it like in that room? what have you learned? >> well, i wasn't in the ante room you could see people coming and going so much you knew something was up. and the something was. this no one quite saw this curve ball coming down the pike. they talk in the military a lot about mission creep. what we have here with the nomination of brett kavanaugh as a result is time creep. you know, john roberts talked about maybe they should have called for the investigation a couple of weeks ago. mcconnell said they wanted to get the justice, the nominee on the court by the first of october, the beginning of the term. that's obviously not going to happen at this point. we don't even know what's going to happen, if anything, over the weekend at this stage. if the committee were to report the nomination to the floor, which has happened now, it's up to mitch mcconnell whether he wants to start immediately or maybe delay it what has to happen is you need 51 votes on the motion to proceed. in other words, making a motion to proceed to the nomination and then you actually have to proceed to the nomination. two votes. i know, it's the senate, it
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gets complicated. you need 51 votes, that's why this kind of hangs in the balance with jeff flake and his is murkowski and others. i talked with jeff flake in the basement of the capitol last night there was a small group of reporters and there it was clear there wag was anguish going through his veins as he was wrestling with this decision good or bad, confirm or not. if they don't accede to his demands, can you see where the math doesn't work. i have said for days now this is all about the parliamentary math in the senate. you need 51 votes on those two procedural votes. the one thing i could probably say for sure that isn't going to happen fright now is probably not going to vote to end debate. what mitch mcconnell would have done under the old plan is called up the nomination and voted to proceed and then would have filed what we call a cloture petition to end debate by monday and have a confirmation vote tuesday that time line is out the window and that's where i talk about time creep. what else did we learn about this nomination in the
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interim. >> harris: makes me scratch my head why jeff flake put out a statement just hours ago i will vote to confirm judge kavanaugh. it must have been, well, bret baier called it hot boxing inside the ante room. chad pergram thank you very much. we are coming back with breaking news opt nomination process for judge brett kavanaugh. stay close. the smoother the skin, the more comfortable you are in it. and now there's a new way to smooth. introducing new venus platinum. a premium metal handle boosts control... to reveal up to 100% smooth skin. venus
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>> harris: #delay the vote is trending on twitter. coverage of what you see now an empty senate judiciary committee room, actually, that's the full senate floor, earlier what we thought we were going to get is just a pure vote up or down and we thought it would be along party lines on whether or not the senate judiciary committee would decide to kick this to the full senate so that they can vote on the confirmation of
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brett kavanaugh. what we got was some deal-making and now an fbi investigation is on the table. but only for a week in small scope. how that work out? chris stirewalt fox news digital politics editor is with me now. chris, in the last couple of hours we have seen things unprecedented on television because this deal-making goes on all the time. but the -- our nation is watching because this is a lifetime appointment supreme court nominee brett kavanaugh. what happens next? >> thank god for cloak rooms and thank god for deal-making. they save the republic sometimes. i don't know whether it's going to be the case here. what we count on in our senate, especially, is for -- there is only 100 of them. there is '25 million of us. there is only 100 of them. we count on them to come to deals and work out arrange. s to head off catastrophic outcomes like some of the stuff barreling down the track at us in this kavanaugh process a zoo, a circus a disreputable shame
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to not just the senate but to this whole republic. now we have a little deal a couple of kernels in the bottom of the pan that are starting to cook off here. we have to remember that flake is part of a clack, this group of senators, moderate to mavericky senators. in that number we have known people over time people like joe manchin, murkowski of alaska, collins of maine. what key could be looking at here is potentially, potentially, and this is based on the reporting of some others and some of what i have been finds out while i have been waiting to talk to you, you may looking at a block of five senators, maybe more who black this plan. that createsup side. >> harris: g.o.p. and republican that are swing voters? >> that's right. that's what creates substantial upside for republicans here. there is downside. kavanaugh could get wiped out. hang this out for another week, more allegations come forward. more other stuff comes out. >> harris: pause to talk about him for a second. this is man picked by the president. this is not somebody who
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sought this on his own. he said yesterday in that hearing that no way is he going to get out. so that part of the decision is certainly coming from him at this point. have you got the president moments ago, we showed it live on air, still backing brett kavanaugh. what does he do at this point? >> well, he has got to make a decision based on the rgedz of mitch mcconnell. >> here the legislative branches hold a piece of this. mcconnell has a choice. if he doesn't hold the votes. it's true is if murkowski and collins or dean hell from her nevada or at least one other hold out on this on the republican side. then mcconnell has to tell the president i can't go to the vote and i can't give you the confirmation unless you direct the fbi to understake this investigation. go ahead. >> harris: i was just going to say i am still scratching my head you were talking about hurling thing down the pike and none of this happened a week ago. >> which part.
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>> harris: the hearing we saw yesterday and vote today and huge delay while they skipped into the ante room. i have got to pause for just a quick commercial break. the styer is on fire. stay close. i'll take that. [cheers] 30 grams of protein and 1 gram of sugar. new ensure max protein. in two great flavors.
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>> harris: lindsey graham said he was heading to the senate majority leader's office to find out what happens next in the process of trying to confirm brawive to the supreme court after they voted to move forward today but with a catch. arizona senator jeff flake through a deal with his friend democrat chris coons an fbi investigation that last as week. now senator joe manchin a democrat in a red state considered kind of a swing voter in this tweeted i applaud senator flake's decision to rise above the partisan circus on display in the entire process. it is what variety and fair for dr. ford, judge
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kavanaugh and american people. if you want my vote definitely fbi investigation as well. it has been a raucous day. thank you for watching the coverage of this and capitol hill stays in our view continue to watch through the weekend, here's trace here r shep. >> and we begin with breaking news. president trump weighing in on the fate of his supreme court pick after a key republican senator called for a one-week delay in the confirmation process to let the fbi investigate a sexual assault accusation. the president saying judge brett kavanaugh's accuser was very credible, watch. >> i felt her testimony was very compelling and she looks like a very fine woman to me. very fine woman. >> trace: we have more from the president in a moment. he spoke after he watched more drama on capitol hill this morning. i'm trace gallagher in for shepard smith. republican senator jeff flake from arizona voted for kavanaugh's nomination to go to the floor, but he said he wants the fbi to

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