tv Shepard Smith Reporting FOX News September 28, 2018 12:00pm-1:00pm PDT
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 investigate
the sexual assault accusation before he makes the decision on the final vote earlier today senator flake had said he would vote to confirm kavanaugh no strings attached. then two women confronted him in an elevator on capitol hill. >> look at me when i'm talking to you. you are telling me my assault doesn't matter. what happened to me doesn't matter. you will let people do these things into power that's what you can are telling me when you vote for him. >> senator mazie hirono on the senate floor speaking now. listen. >> in the attack judge claimed he didn't remember. a far cry from rebutting her statement. he claimed he didn't remember refused to testify and then went into hiding. patrick smythe and lee land kaiser said they simply
don't remember. again, hardly a rebuttal. as dr. ford said yesterday, quote: i don't expect pj and lee land would remember this evening. it was a very unremarkable party. it was not one of their more notorious parties because nothing remarkable to then happened that evening. end quote. in fact, even though she doesn't remember, lee land kaiser says she believes dr. ford's account. in addition to making misleading statements which is a pattern of judge kavanaugh. he accused the senators of coordinating a plot to sabotage his nomination. clearly he was speaking to an audience of one, president trump. a nominee for the supreme court so rattled that he would buy into a vast conspiracy theory is astounding and dangerous.
let's not forget his exact words judge kavanaugh said and i quote this whole two week effort, he said, has been a coagulate could you lated and/or committees straighted political hit fueled with apparent pent up anger about president trump and the 2016 election. fear that had been unfairly stoked about my judicial record, revenge on behalf of the clintons and manages of dollars in money from outside left wing opposition groups. end quote. with that nakedly political screed, brett kavanaugh showed us who he really is. a partisan political operative with an agenda the very worry that kept him from the d.c. circuit for three years. >> trace: you see mazie hirono who has been anti-brett kavanaugh before these allegations came forward. she of course is speaking about yesterday where dr. christine blasey ford told lawmakers that she is 100 percent certain that
kavanaugh sexually assaulted her at a house party more than 30 years ago when they were teenagers. then judge kavanaugh said the accusations against him are totally false. dr. ford someone of three women to accuse judge kavanaugh of sexual misconduct. republicans can only afford to lose one g.o.p. vote and still confirm kavanaugh and right now there are holdouts on both sides of the aisle. we have team fox coverage. >> the chief white house correspondent john roberts has more reaction from the president but, first, to the chief congressional correspondent mike emanuel. is he live for us on capitol hill. mike, it is absolutely something we have never seen before what went on behind the scenes today. >> trace, no question about it. incredible drama. it's been pretty clear that senator jeff flake has been struggling with what he heard in that emotional hearing yesterday from professor christine blasey ford and judge brett kavanaugh. a lot of republicans breathed a huge sigh of relief this morning when flake said he would be a yes
on the kavanaugh nomination. he said our system of justice affords the presumption of innocent to the accused absent corroborating evidence. democrats appealed to him for one week delay to have the fbi look into the allegations. i think 2 would be proper to delay the floor vote for up to but not more than one week in order to let the fbi continue to do an investigation, limited in time and scope to the current alleges that are there and limit in time to no more than one week, i will vote to advance the bill to the floor with that understanding. >> senator coons and senator flake have been working together on this. this was kind of a surprise to all of us. senator flake has expressed, including in his speech yesterday, his concern about the divide in this country
that is being exacerbated by what's happening here. and, of course, we have been asking over and over again for follow-up the judge brett kavanaugh nomination was reported out of the committee 11 to 10 along party lines. jeff flake wants more time. a number of his colleagues here on capitol hill think that would be a very good idea. trace? >> yeah. all the attention right now is focused on young senator flake, mike. but there are other key senators to watch. >> absolutely correct. assuming senator flake stays a yes on judge kavanaugh, there are really four key senators to watch very closely. republican susan collins of maine and lisa murkowski of alaska and democrats from conservative states heidi heitkamp of north dakota and joe manchin of west virginia. manchin said moments ago he supports a delay. this call for delay has left some senior republicans scratching their heads. >> all i can say is right now what jeff is saying is makes sense to me.
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. >> some sources close to this confirmation process that i have spoken with in the last few minutes say this could be a blessing in disguise if it gives some of those moderate senators some cover by saying the fbi looked into the allegations and then it would be time to vote. trace? >> you know, mike, we thought this weekend was going to be all about kind of lobbying. the lobbying effort. now that seems like it's on the back burner. what's the path moving forward? >> everybody on capitol hill all eyes on the senate majority leader. he was planning procedural votes over the weekend and floor action monday and tuesday hoping to confirm judge kavanaugh by tuesday. if he needs help in getting to 50 votes, it would seem mcconnell would allow a one week delay but this entire process is really now in the hands of mcconnell and the guy down the street,
president trump. trace? >> yeah, i just want to flag you to this, mike, because we just got an urgent saying that senate g.o.p. leaders are meeting with flake and grassley and other judiciary committee members about how to proceed on kavanaugh. that's a key meeting going on somewhere in the rooms behind you. >> yeah one would assume, they would say fine, but we're not going to lead this drag on week after week after week. some sources i have talked to close to the process say they are okay with a little more time if it allows the fbi to look at some of the stuff and allows some of these moderate senators to get to yes, to get him across the finish line. they don't want a request for another week after this week extension. >> trace: good insight. our chief congressional correspondent mike emanuel live fours on capitol hill. back to you on breaking news. more on president trump calling his supreme court nominee accuser a very credible witness. the nominee himself denying
her accusation of sexual assault. team fox coverage continues now with our chief white house correspondent john roberts. is he live on the north lawn. john? >> trace, good afternoon to you. the president also saying though that he thought judge kavanaugh's testimony was very strong. you might remember in that press conference the president had on wednesday he said well, i will watch christine blasey ford's testimony. i might be convinced that she is -- that her story is the one to be believed. the president said very credible but also he thought that kavanaugh was very strong. to say that the white house is reeling right now would be a real understatement. they are trying to make heads or tails of what is going on right now in the senate. they don't know whether or not they are going to have to ask the fbi to reopen the background investigation into judge kavanaugh or if mitch mcconnell will find a way to bring a vote to the floor without that. at the moment, based on what mike was saying, a moment ago about joe manchin now supporting flake. we have heard reports that senator murkowski is supporting flake. none of them has said that they would vote no.
but if they are supporting flake, it would indicate that they might vote no. if they don't get that fbi investigation. the president learning about all of this as the chilean president was walking into the white house. so he hasn't fully had time to digest it. in a pool spray with the chilean president the president of our country, president trump said that he will leave it to the senate to make the best decision. listen here. >> would you be willing to background organization of kavanaugh. >> i'm going to rely on all of the people, including senator grass loy is doing a very good job. that will be a decision that they are going to make and they suspect they will be making some decision decision soon whether to take a vote or do whatever else they want to do. i will be totally relintsd on whatever senator grassley and the group decides to do. >> the president also asked if he is looking at any other candidates as a backup. no, truth be told, trace, if kavanaugh doesn't make it through the president is not
going to get another nominee through before the end of the year. and if democrats were to take control of the senate in november, he likely won't get another nomination until after the 2020 election if he wins reelections. trace? >> yeah, that's true. going forward, john, what does president trump say he wants to see happen next? >> well, he wants the process to move forward he has always said he is okay with a bit of a delay. he thinks it will work out in the end. listen here. >> 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. >> trace: so if kavanaugh is telling the truth and there isn't an fbi investigation, likely things will work out for him, we don't know where this is going at the moment, trace. everybody is just kind of watching the wheels turn. >> trace: john roberts live for us on the north lawn. john, thank you. let's bring in chris wall lals the anchor of "fox news sunday." chris, you nailed it little earlier when you were saying look, all bets are off.
chris coons came out and said he thinks that the evidence in this case, the one that's before the judiciary committee should be the focus of this fbi investigation. but, who knows if another allegation comes forward then all bets are off. >> well, first of all, you know, there is all this talk about it all depends on chuck grassley and it all depends on president trump. it actually doesn't. it all depends on the three moderate apparently wavering republicans, jeff flake, lisa murkowski and susan collins. if two of the three are demanding a week delay until there is at most until there is an fbi investigation of the allegations, then they are going to have to agree to that and have a week delay. because they don't have 50 votes plus the tie breaking vote of the vice president to put the nomination over the top. and, you are exactly right. you know, time is an enemy of this nomination. and as we saw over the last few days, and they seem to have been pretty thin, all of a sudden or completely
false these allegations kept coming in about brett kavanaugh and if there is a week delay, i don't want to be cynical about this, but i bet there will be more allegations and i bet and i don't want to be cynical about this either that maybe not chris coons but some of the other democrats will say well, a week is not enough to consider those and we have got to take more time. this really does put the nomination of brett kavanaugh in some jeopardy whether or not any of these allegations prove out to be true or not. >> trace: a.p. just alerted, chris and i watched your coverage all day yesterday you alluded to this mark judge has now said he will cooperate in this. that is huge as we go forward. >> yes, it is. because, look, i don't think that the fbi investigation of the christine blasey ford allegation should take that long. i mean, there are only, what, three other people that she names, mark judge,
some friend of kavanaugh, and judge friend pj and friend lee land kaiser. not like investigation got all tentacles going out. they could talk to them pretty quickly. they all denied anything had happened. obviously a statement written through a lawyer, a written statement is different than submitting to an fbi questioning. i don't know that you call it interrogation or not. and obviously, democrats are counting on the idea that suddenly one of them is going to crack and say oh, yeah, do i remember it and something terrible happened that night, no reason to believe that's going to happen, that's clearly what democrats are hoping for. >> trace: yeah, and there is more breaking news coming, in chris. the senate minority leaders or senate leaders are now meeting with jeff flake and chuck grassley and others. i want to get your opinion on that after the break. more continuing coverage breaking news, the brett kavanaugh confirmation goes on. next. ♪
feasible path for the republicans to get to 50. and you know, as chad pergram our producer, our crack producer up on capitol hill has said it all depends on getting 50 votes. you got a majority. you got control. and, of course, the vice president breaks the majority with his -- with a tie breaking vote. those three wavering republican senators, undecided senators, those are the ones that are going to decide and they have two of the three. you only need two of the
three insist on this one week delay at most for an fbi investigation, then that's what, as powerful as the senate majority leader is and as powerful president of the united states is, they are going to have to do the bizzing of two of those three senators. this is really been an interesting development today and i'm sure for all of the best face that's being put on it by republicans that they're absolutely furious. they thought they had this in the bag. i mean, jeff flake put out a statement, a formal statement this morning saying that he was going to support the nomination of brett kavanaugh to the supreme court. and then after really being corralled by a number of senators, including, perhaps, his closest democratic senate colleague, chris coons of delaware. he finally agreed well, all right. we will go for this one week delay. and as i say, time is not the friend of this nomination and it just means that there is an opportunity
for more allegations, more investigations and, you know, it puts them that much further away from putting this over the finish line. >> trace: if you scan the landscape jeff flake was in conservatives on social media were jubilant. as soon as he had this catch attached to invote, there was comments coming out against jeff flake. the question going forward is look, what happens now? jeff flake is the guy and the surprising of the whole thing is that lindsey graham came out and he wasn't -- he wasn't nearly as angry as i thought he would be after that impassioned speech he made yesterday during the hearing. he kind of took this all in stride. >> well, i that shows what a grown up lindsey graham is i'm sure he is furious. he knows it doesn't do any good. he can count votes as he said i'm a practical guy and if you don't have visit
votes, have you got to live with it and maneuver around it. it isn't that flake said he is going to vote against the nomination. is he saying that i want a week delay to investigate it. and i'm sure lindsey graham doesn't like that idea. remember, that's what the hearing was about all day yesterday, particularly when kavanaugh came up a lot of democrats said why don't you agree to that? particularly dick durbin who said you can right now just turn to don mccann who was in the hearing room, the senate and he is the presidential counsel and you could say to him let's have an fbi investigation. you could tell kavanaugh was uncomfortable with it and tried to get out of saying no i'm not going to ask them for that. but, you know, that was the point put there and lindsey graham was fighting back because he knew this was a delaying tactic but they have to live with it now. i think they are making the best of it. >> trace: somethin' tells me it's going to be a big "fox news sunday" coming up. chris wallace, always good of to you join us, thank you, sir. >> chris: my flesh. >> trace: coming up, more on a key republican senator calling for an fbi
investigation before a vote on judge kavanaugh's confirmation. so, what would that investigation look like? we will talk with our chief intelligence correspondent next. ♪ if you have moderate to severe plaque psoriasis or psoriatic arthritis, little things 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,
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and this is moving day with reliable service appointments in a two-hour window so you're up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving... simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today. >> trace: still more breaking news now from our senior producer on capitol hill chad pergram. word now is that republican senator john kennedy from louisiana and i'm quoting here says we have reached an agreements on how to proceed on kavanaugh. no details yet but chad pergram is gathering information as we speak. we should have them any moment. but, if the fbi does get the go ahead to investigate the kavanaugh accusation, the question is how exactly would that work? let's get to our chief intelligence correspondent catherine herridge who is live for us in washington. what role, exactly, would
the fbi or could the fbi play in all of this catherine. >> trace, the fbi does two types of investigation, one is a criminal investigation and the other is a background check. under this scenario, they would have to get a request from the agency that puts the nomination forward so the white house or the president or the general counsel directing the fbi to reengage and conduct additional interviews with known witnesses in this particular case. the second kind of investigation is a criminal investigation based on the fact pattern here. there just isn't grounds for the fbi to get involved because the alleged sexual assault would really fall within the parameters of a state crime. the fbi would only get involved if there was evidence of a federal crime, for example child trafficking taking a minor across state lines which is not alleged here, trace. >> trace: i know we watched this hearing yesterday, catherine, all eyes were on this thing and we heard again and again that the fbi doesn't reach conclusions.
>> that's correct. >> trace: would that shift in this investigation? would they change that? would they maybe reach conclusions or is that just out of bounds? >> i have to say i think it's somewhat out of bounds because the rules and procedures for the fbi are very straightforward. in a case like this with a background check they gather the information. they speak to the witnesses. if it went forward here, they would speak to the witnesses who have first-hand knowledge of the alleged incident and others who dr. ford said were present. but have since said they have no recollection of the event. the fbi would document those interviews in what are called 302s, they are interview summaries. they are not transcripts. that would be provided to the senate judiciary committee. it's really the committee's rule to take that information. the fbi makes no judgments, reaches no conclusions. senate investigators would have to pick up those leads, do follow-up if they so choose and then they get into the advise and consent. whether they consent based on the evidence and the
background check to move the nomination forward. >> trace: can you give us a big picture context of this, catherine, for the fbi, for director ray? >> well, for the fbi and director wray, i think unfortunately for them they are right in the center of another political storm, which is something they are trying to turn the page on after the clinton emails. and to a certain extent, the russia investigation. what we have heard privately and heard publicly from fbi director christopher wray is that he feels very strongly that the bureau gets into trouble when they color outside the lines and they don't follow the rules and procedures. clinton email case and decisions whether to proceed with the prosecution which really fell to his boss the attorney general loretta lynch. the fbi is once again in the middle of a political storm. i would argue they don't want to be at the center of. and director wray has made very clear that the bureau is really apt to follow the
rules and procedures and not stray from those rules and procedures because of the controversy is created in the last 18 months. >> trace: boy, a lot of moving parts. catherine herridge live for us in d.c. catherine, back to you. we will head back to capitol hill for the latest in the supreme court show down. we now know that mark judge, this is the friend of brett kavanaugh, he says that he will cooperate. it kind of goes hand in hand with what catherine was just talking about there. mark judge will now cooperate confidentially. how soon before an fbi agent shows up on judge's door. those are questions we'll pursue coming up. shepard smith reporting. ♪ ♪
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confidentially. well now we know he has sent a letter to the chairman of the senate judiciary committee chuck grassley as well as dianne feinstein, peter doocy now has a copy of that letter. is he live for us on capitol hill. peter, give us an idea of what it says. >> trace, the bullet points in this new letter from mark judge have to deal with the allegations from julie swetnick who came forward through michael avenatti, the stormy daniels lawyer to say brett kavanaugh and mark judge were present while she and others were gang raped. here here is mark judge says the allegations in the swetnick affidavit are so bizarre even while suffering from my addiction i would remember actions so outland doish i categorically deny them. i don't know julie swetnick. i don't recall attending parties in 1981 or 1938 when i fondled dead or grabbed women in aggressive or unwanted matter. he has never spiked or drunk to get women.
never saw brett kavanaugh do that either. never engaged in the gang rape of any woman including ms. swetnick. he will cooperate with any law enforcement agency who is assigned to confidentially investigate those allegations. that's the latest from mark judge. now we wait to see if the democrats who have been hoping he gets subpoenaed are going to be happy with that trace? >> trace: of course mark judge has denied the allegations broughtford by christine blasey ford. peter, give us an idea what republicans, what are you hearing from them now? >> >> we are getting a sense that people might be okay with a little bit of a delay. the word from inside the majority leader's office that i got is that they would be with us in a little bit. and just now a few minutes ago in the hallway we spoke with roger wicker. he said a slight delay is okay. >> well, it may be necessary. yeah, in my mind, i'm
satisfied that judge kavanaugh should be confirmed. but it may be necessary to give some people a comfort level. but, the leadership is deciding that right now. so i'm going to get a little more work done. >> and we're in a spot right now where we are hoping to intercept jeff flake a few floors beneath his office after that meeting with leadership. it's going to be interesting to ask him exactly what made him change his mind because first thing this morning flake put out a statement that said he was going to support the kavanaugh nomination. a few minutes later, i was in a group of reporters when chris coons, a democratic senator and a friend of jeff flake was shown that statement he was so upset with jeff flake was going to vote yes, he was almost moved to tears he was choked up. tried for 30 seconds to react to it and he couldn't. he said no comment and he walked await a minute coons is one of the ones who is really working on flake in the ante room today before flake ultimately decided that he wasn't ready to
support kavanaugh on the floor. so we are hoping to hear from flake what changed from first this morning he when he said he was a yes all the way through now. trace? >> trace: turns out coons is a very persuasive guy. in the basement the dungeon of capitol hill. let's bring back chad pergram. chad, you are the one that sent out the urgent saying look, here's the deal that john kennedy, the senator from louisiana says they have struck a deal. they are going to go forward with this investigation. what do we know about the weekend session, the investigation, what are you learning up there. >> that's what we are waiting to hear. there is a big conclave that's going on right now in the office of senate majority leader mitch mcconnell with senator jeff flake and other republican members of the judiciary committee. now, let me walk you through the steps here. if you are going to have a week long investigation, there is no reason for you to hold the senate in session over the weekend and have these procedural votes to launch debate. why not just, you know, take it to next week.
i would think that would be the most plausible scenario. but here's the danger. you start to get into this time creep issue. mitch mcconnell wanted the nominee confirmed by the first of october. that's not going to happen now. this could bleed on another week. it could get closer tote mid terms. unclear which side this would help or hurt in the midterm election you don't know if something else comes out there. is a danger in this delay for brett kavanaugh. we have just told by jake gibb son our man at the justice department that so far the fbi has not been instructed by the white house to order up an investigation on brett kavanaugh. >> trace: which is key. you talk about this whole thing, you talk about putting all the pieces together, chad, the fbi has to get the okay from the white house. you can talk about mitch mcconnell and chuck schumer and all these different machinations going on here. unless the president tells the fbi go for it. nothing happens. give us an idea of the math, chad, and why this is all so important when it comes to these senators. >> i have said testimony times the past few days, the
math is the math, is the math. either have you 51 votes to confirm brett kavanaugh or you don't. either have you 51 votes to start the debate on, this the motion to proceed, then the vote to actually proceed to the nomination, that's two procedural votes, you have to have a minimum 51 votes. if jeff flake feels this agreement is being broken, is he not going to vote for that also, have you other senators who might be on the fence as well. the math is paramount. we have gone from a situation where we thought that things were looking up for brett kavanaugh just a few hours ago, to things maybe being up in the air, you know, with jeff flake saying i'm going to vote for you but we don't know what this extra time means. the math is paramount and hanging in the balance are people like susan collins of maine, lisa murkowski of alaska. heidi heitkamp of north do coat and joe manchin of west virginia who says he supports this delay and investigation. it's obvious this is a wrenching question for senators the further this goes down the line. >> trace: yeah, i want to kind of expound on what you
were just breaking there from jake gibb son on the fbi not being notified. yet the fbi was also asked if they could get an investigation done in a week and a senior fbi official said and i'm quoting here that depends on the schedules of everyone we would have to interview including the accuser, accused and witnesses. i mean, trying to compact this into a week is really a tall order for the fbi, chad, and there is a risk of delaying this vote. >> it's a tight turning radius. democrats will say well, there is only about three or four people you have to talk. to say you don't know whether or not they are willing to come forward. amy klobuchar the democratic senator says this is why it is important. we have had people that have withdrawn once we have done background issue. we don't know what web sites they have looked at or who they have met with. sometimes that's compelling. that's why they want to have this investigation. we will find out in the next 20 minutes or so after this conclave in mitch mcconnell's office breaks
up. >> trace: if you find out more in the next 20 minutes, chad pergram get in front of the camera and wave to us and we will put you back on television. thank you so much sir. we will have more on that reaction. the new stuff coming in from the fbi. the former federal prosecutor we will talk about the bureau's role here. very important how this all fits together. the fbi has not been notified yet. the white house has to notify the fbi. apparently the president is on board with that. but it hasn't happened. we'll talk to an fbi person about that coming up next. fami. with our service, veterans like us earned the powerful va home loan benefit that lets us borrow up to 100 percent of our home's value. at newday usa, that can mean a lot more money, especially if your home has gone up in value. on average, our veterans take out 54,000 dollars. the newday 100 va loan lets you refinance your mortgage, consolidate your high rate credit card debt, get cash...
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investigation. let's bring in steven mull roy a former federal prosecutor for the justice department's civil rights division and constitutional law professor at the university of memphis. break this down for us. the fbi has not been notified. and in their letter, the fbi was asked if they could get this thing done in a week and the answer was depends on the schedules of everyone we would have to interview. very tight time constraints here i suppose it is tight but not impossible depending on the schedule and how many witnesses they would want to interview. presumably they would want to interview the complainant and judge kavanaugh. several different people that each say were present or that ms. ford says were present. mr. judge, they probably would want to do some document review. look to see if the calendar or any other corroborating information that might exist in the anita hill case the investigation of those
allegations took about two to three days. it's possible this could be done in a week. you know, i think it's a question of the availability of people like the fbi said. >> the longer this goes on it's already bad for judge kavanaugh but the longer this goes on the worse it is for him. the democrats say we are only going to investigate matters at hand that the allegations that have come before the judiciary committee. you know and i know if more allegations come out, bogus or not, the democrats are going to be calling for these things to be investigated. >> well, i think that's probably true unless the allegations are farcical or devoid of any potential corroborative evidence then it might very well be the case that the attitude is well we have got to look into them. that's how it would devolve. at this point i guess we
have three different allegations and the question that i don't quite understand yet is whether this agreement contemplates investigating just the ford allegations or is there going to be any investigation of the other two which i would imagine the democrats would insist upon. >> trace: you know, we have been told steve, again and again that the fbi doesn't draw conclusions they just issue reports. they would issue a report to the white house. is that kind of how you would expect this to go? you kind of mentioned the analogy there with the anita hill hearing back in the day of the clarence thomas hearing. is that how we would expect this to go just informative type of report given to the president? i think so. fact finders in this matter the fbi wouldn't draw ultimate conclusions but provide detailed descriptions of what each witness said, detailed descriptions of any documents or any corroborative evidence, or lack thereof that they found explained what they looked at and didn't look at. and then let the senate draw
their own conclusions, which is what happened during the anita hill controversy. >> trace: mark judge, brett kavanaugh's friend came out with another letter saying as far as the other allegations they are just ridiculous knocking those down. he has also denied the initial allegations. how important as a former federal prosecutor how important is mark judge's testimony to the fbi. if he flat out denies it, where do they go from there? one thing to get a written denial mark judge. another to get mark judge in front of you and ask follow-up questions and test his memory and test the consistency of his story, what he remembers, what he doesn't remember. again, check it against any testimony of other witnesses or documentary evidence that they are able to uncover. i think that his testimony or witness statements, i
guess would be the better phrase would be crucial because according to ms. ford mr. judge was an accomplice in this sexual assault. >> trace: very true. steven mullroy, great insight, thanks for joining us, sir, we appreciate it. >> thank you. >> trace: in the middle of dramatic testimony the sexual assault hotline reported an unprecedented spike in calls. jesse is more in our new york city with more. >> >> they often see uptick in calls when sexual assault is in the news. rape abuse or national research network or rain tweeted today the number of people helped by the hotline was 201% above average yesterday. the increase in calls came as dr. christine blasey ford described in vivid detail what she claims to remember about the alleged attack. spokesperson says since dr. ford came forward with her allegations the organization has seen 45.6%
uptick compared to the same period in 2017. last weekend when a second accuser debra ramirez came forward calls jumped average friday through sunday. dr. ford's testimony was followed by emotional rebuttal from judge kavanaugh furious and in tears over what he has called false accusations. since yesterday's hearings rainn has called for postponement of the vote until the fbi investigates the claim. the national assault hotline confidential support and free services. call 800-65 i 6-4673. we just want to clarify something when talking to steven mullroy the attorney previously talking about president trump. the president isn't okay with this going to the fbi. the president has said according to john roberts that it's up to the senate to make this decision. the context here is that the fbi has not yet been forecast and the president would have to notify the fbi for this to go forward.
whether judge kavanaugh makes it to the supreme court really could depend on this fbi investigation. our breaking news coverage continues next. ♪ some say the oldest living thing east of the mississippi. it's weathered countless storms. battered, but never broken, it stands for the resilience within us all. ♪ get your groove on with one a day 50+.
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>> trace: just in to fox news senator cornyn saying they would allow up to a week for the investigation into the background of judge brett kavanaugh. again, the fbi was asked can it be done in a week and they said well it depends on the schedules of the various people involved including the witnesses bring in john bussey associate editor at our corporate cousin "the wall street journal" and fox news contributor. that's a big if right there. >> yeah. >> trace: john, you are talking about a week to get this thing done. and that's hard for the fbi to get the wheels in motion. especially when as of five minutes ago they had not been notified.
>> that's right. they are going to be depending upon a lot of other people's schedules as well as their own. but, they have got a lot of data points to start with. don't they? they have a lot of statements by mr. kavanaugh, by ms. ford, by mark judge. they have a lot of people to go to from the get-go. what happens? in that week's time are they going to be able to investigate this thoroughly enough to one clear him and say nothing happened, which would be a good thing for kavanaugh going into the court without this cloud over his head. might they find enough to correspontorpedo him? is it enough mike emanuel was saying earlier on to give the moderate democrats cover to vote yes on a vifertion. >> trace: if you heard judge kavanaugh yesterday a week is an eternity. it's got to help john bussey that mark judge has said he will cooperate.
he is in. he is going to cooperate. he really is the key witness in a lot of. this better to get out in front of the inevitable, isn't it? the alternative is for the fbi to subpoena him. one way or the other, he is going to have to be giving his witness testimony to the fbi in the circumstance in which he can't lie to the fbi. so this will be a step forward in the investigation right there. but you are right about the time here as well. a lot can happen in a short amount of time as we saw just today overnight the american bar association and the dean of the yale law school came out saying we need exactly. this we need an investigation into these charges. what else will happen in the course of this week? will there be other allegations? will, perhaps, another investigation start at a state level? >> trace: make no mistake, john busy, the american bar association is a very influential group, when they say something it tends to go a long way. john, thank you very much. i appreciate your time. a lot moving.
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which may worsen kidney problems. i discovered the potential with ozempic®. ♪ oh! oh! oh! ozempic®! ♪ (vo) ask your healthcare provider if ozempic® is right for you. >> how can you be speechless? we demand to know what i are thinking. do you stand with him? >> i think it would be proper to delay the floor vote for up to but not more than one week in order to let the fbi continue to do an investigation limited in time and scope. >> i'm deeply grateful to senator flake and others who 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. >> he said he is going to -- a week is enough for him or maybe less.