tv Americas News HQ FOX News October 6, 2018 11:00am-12:00pm PDT
bill: 2:00 o'clock, monumental moment in the making, protestors screen right, capitol in the middle and the senate inching closer to confirmation vote for brett kavanaugh set in 90 minutes from now based on the clock. good to have you with us along with special coverage here on saturday, i'm bill hemmer live in new york. dana: i'm dana perino. protestors are not giving up, they continue to converge on capitol hill, police arresting some of them in the last hour, senate majority leader mitch cock -- mcconnell to move to confirm votes on judge brett kavanaugh. >> they were very guarded on making announcements, not really knowing for sure, we had to move
on this and this was not going to get any better if we didn't vote. dana: indeed, chief congressional correspondent mike emmanuel, mike, is a sense of relief among republican senators now that they feel sure that they have votes for confirmation. >> dana, there seems to be no question about that, quite the roller coaster for weeks, as you heard from the majority leader republicans didn't know they had the votes until major speech from maine susan collins. >> we've heard a lot of charges and countercharges about judge kavanaugh, but as those who have known him best have attested, he has been an exemplary public servant, judge, teacher, coach, husband and father.
>> some express concerns about the judge's response in very emotional hearing where he was force today defend name and integrity against serious allegations, one republican opposing nomination found fiery response to be too much. >> even in these situations, the standard is that a judge must act at all times in a narn promotes public confidence. >> other republicans suggest this fight is just what the basis needs. 31 days from the midterm elections suggesting it could have major impact in those races, dana. dana: mike, tell me about the democrats, the vote looks like it's assured, how do they plan to keep fighting? >> well, they are clearly recognized that base is fired up on nomination. you had new york democrat
kristin gillibrand complaining about the process. >> i feel that the process over the last few months have turned on basic desire to bring the country to more perfect union to a place where we value one another. do we value women? unfortunately for too many in this chamber the answer is no. >> senator merkley. >> we have a nominee who has been disi wantive -- deceptive and misleading and come down to this is what he said and here is the truth. >> lawmakers taking the time to be on the record ahead of historic vote in the united states senate, dana. dana: mike emmanuel, thank you very much. bill: president trump showing support for prokavanaugh
protestors, quote, women for kavanaugh and many others who support this very good man are gathering all over capitol hill in preparation to 3:00 to 5:00 p.m. vote. a beautiful thing to see and they are not paid professional protestors who are handed expensive signs, big day for america end tweet. chief white house correspondent jon roberts to pick it up from there. >> bill, the president will be leaving to topeka, kansas we may get a chance to throw questions on his way from south lawn and has been in the residence all day so far but confirmation team for judge kavanaugh has been working the phones, making sure that everything is as it was yesterday and will continue to be going forward this afternoon. the first lady melania trump in egypt in the men time as part of her trip to africa weighing in on judge kavanaugh and the process that we have seen over the past couple of weeks. listen here. >> i think he's highly qualified
for the supreme court. i'm glad that dr. ford was heard, i'm glad that judge kavanaugh was heard, fbi investigation was done, it's completed and senate voted. >> white house expects that vote will be 50 to 48 with senator of alaska voting present than no. we will hear from the president whether it's aboard air force one or when he lands in topeka but the rally is not until 7:30 tonight eastern time. it's likely that the president might have something to say either on board the aircraft or as soon as he lands. bill: we wait that. what about the political fallout from this, jon, what are you hearing and what are they saying? >> the gap between democrats who had advantage and republicans have been narrowing along here. white house believes that the way that all of this unfolded has energized republican voters
in a way that they weren't before midterm elections, according to mercedes schalpp who was on "fox & friends" this morning, republicans aren't going to forget this. >> i will tell you it's going to be hard what some of the democrats have done from the beginning where they made it their priority to resist, to ensure that this man would not make it to the court in a way they did it in trying to destroy his reputation it's completely uncalled for. >> the president was to stand behind kavanaugh because this could have been devastating, it's unclear what kavanaugh's confirmation -- what effect it will have on midterm, if he were defeated in senate vote you will probably see a lot of energy on the republican side, you know, bill, sometimes the enthusiasm goes down. when you lose sometimes the enthusiasm goes up. unclear how this is going to
affect voting just about a month from today but i think one thing is clear that even when judge kavanaugh gets confirmed this afternoon as expected and is sworn in next week, this will not be the end of it, bill. bill: agree on that. thank you, jon, be back with you momentarily from the white house. jon roberts, dana. dana: meanwhile let's go to andy mccarthy, chris and tom former deputy attorney general and anchor of fox news at night, chris, can going to you, please, they're in washington, d.c., the washington post doing something it has not done in 30 years writing unfortunately and unnecessarily it didn't have to be this way, too many questions remain about his history for senators to responsibly vote yes, at the same time enough has been learned about his partisan instincts that we believe
senators must vote no. so the washington post editorial vote for the first time in 30 years calling on the senate to vote no on a nominee. your thoughts on that? >> that's why kavanaugh wrote the highly unusual step to typewrite op-ned the the wall street journal to say, hey, you said things, i said things, i'm sorry the way i turned out and i promise when i'm on the courtly act like i did in 12 years when i was in circuit court of appeals, i will be collegial and impartial and respect the rule of law and all of those things. i will tell you this in the era of nuclear winner now that we have both sides "nuclear option" and we are in phase in senate, this is going to get worse like this and lit get more tribal and more partisan and tom and others today have said it and they are 100% right, the value in which we place the value are most important institution will be
damaged by fights like this and they will keep coming as long as it's just a question of who can get 50 plus 1. dana: shannon can i ask you about that, you studied the supreme court, you covered it for a long time, what do you think of that in this suggestion that the integrity of the court has been eroded? >> there are those who think that that's what this is all about. fight from the left that this is not legitimate president and not legitimate judge on the court. we talked to randy barnett, the left way of delegitimizing the court, so whatever justice kavanaugh, if he becomes a justice, whatever he decides they'll be asterisk not only next to him but decisions that come from the court. he sighs it and others on the right see it at chip get away of the institution of the court itself by delegitimizing the man and we have to remember the justice thomas went through
this, 25, 21 years ago and taken time on the court seriously. we know he's not somebody that does a lot of talking on the bench and he prefers to let decisions do the talking for him and spent the time -- yeah. bill: was that born out of the debate of 25 years ago? why has clarence thomas taken the posture? >> you know, i think he feel like a lot of what he said over the years has been misconstrued and instead of having his words taken out of context for him i think there was a point in which he decided about 10 years ago that he would rather let opinions do the talking for themselves. you do speak him outside of the court and he's very free-flowing in some of the speech that is he gives outside the court and that's where he puts down the stake and makes personality known. he's got a big personality but chosen to not let it interfere with his work on the court, with what he is doing there by becoming the story and maybe the case that's being covered that day. he knows anything that he say
that is day will be parsed and picked apart and got tired of being criticized for doing his job because constantly drawn back by the way he got to the court. he lets the work speak for himself and some of the speeches are pretty entertaining. bill: tom, you studied this as well, what is your sense over the past 25 years ago -- >> well, if you look back at the last 25 years, justice thomas as shannon correctly noted doesn't ask a lot of questions from the bench. in his view the supreme court is there to hear argument from the lawyers, to hear them present the arguments and the evidence rather than to allow the justices to have effectively a conversation with one another. so i think from justice thomas' perspective, a lot of what shon nonwas saying, a lot of he views oral argument as chance for lawyers to do decisions on the bench. i can assure you he does pay attention and he does speak through decisions, he's a wonderful man outside the courtroom as well.
dana: can i ask you about founding fathers and they're thinking of supreme court, make decisions as you've said -- do we have too much importance on the supreme court at this point? >> i think we do, dana, listening to my colleagues address this, we have to do the hardest thing to do which is to step out of the present moment. what we are seeing today is actually a trajectory that the supreme court is on for a long time. it didn't just get political three weeks ago, this is in many ways the culmination of trends that have been ongoing for some time but the silver lining if there is one is that when we evaluate brett kavanaugh 10 years out, 15 years out, it's not going to be about what's happening today as noisy and as harsh as this has all been, it would be in the context of decision that is come before the supreme court and that has to be
decided. one we get past that, that's what this would be about. it won't be about this controversy anymore, it would about the cases that get resolved on the court. bill: to all of you standby, 13 minutes past the hour. we expect the vote for about 90 minutes from now. dana: 92 even. bill: we count down literally by the moment after fbi wrapped up investigation number 7 prompted by jeff flake, 11th hour agreement that was 9 days ago, so we are moving toward that movement, more analysis ahead as the clock ticks down to a critical and historical vote. >> look at me when i'm talking to you, you're telling me that my assault doesn't matter and you will let people who do these things into power. that's what you're telling me when you vote for him. how can we say when you book direct at choicehotels.com
week, i understand that some of the witnesses may not want to discuss anything further but i think we owe them due diligence. bill: unforgettable moment forcing the one-week delay before full senate vote that should be in 90 minutes from now. 7 fbi investigations and now senator confirming to the highest court of the land. senator, we have spoken a lot over the past couple of years, good afternoon to you today and thank you for coming back, where do you think we are in this, senator? >> i just left the senate floor, many of my democratic friends continue to speak a message of fear to the american people, they continue to make wild
accusations of judge kavanaugh, he's evil, he hates women, he hates children, he hates little warm puppies, for me to me is the day of hope. i think we are going to approve the appointment of a new supreme court justice who understands the role of the united states supreme court and madisonian space -- separation of powers. they don't, in terms of confirmation process there won't be any winners, there could have been, there would have been winners on both sides if we had a confirmation process that was senatorial and that was who oray and dignified that was tough, there's nothing wrong with having a tough process, asking
tough questions but this process was on track when senator feinstein decided to sit on dr. ford's letter. but that still doesn't mean we can't be thankful, i'm going to vote happily and proudly for judge kavanaugh and i am hopeful, i think he understands that the role of the supreme court justice is not to try to rewrite the constitution to advance a political agenda. it's to -- to be an umpire, say what the law is and not what the law ought to be. that's what i'm going celebrate today. bill: why do you think judge gorsuch went through so easily and this one did not? >> i don't think it had anything to do with justice gorsuch versus soon to be justice kavanaugh. bill: was it numbers? >> i think it was the fact that justice kennedy was considered
to be a swing vote. i think that the opposition to judge kavanaugh looked at his records and saw that it was a distinguished one so they decided that the only way to take him down is through character assassination and i really regret that but that's what happened. that's why i said yesterday and i will say again today, there are no winners. i bet you he talk today judge kavanaugh or dr. ford tonight, neither one of them think they won. bill: could you imagine if he was defeated based on words and accusation from 36 years ago? >> well, one other positive though this in addition to being proud that we are going to confirm judge kavanaugh i'm proud that we reaffirmed the importance of due process in our society, that doesn't mean that we don't have a problem with sexual violence in america, we clearly do, but -- and i will say it again, this is no country for creepy-old men or
middle-aged men or young men but it's not a country at all without due process and you to treat both the accused and the accuser, both of them with respect and fairness and due process. that's the kind of country i want to live in. dana: senator kennedy, it's dana perino, last time you appeared on 60 minutes, right after senator jeff flake a week ago yesterday asked for supplemental fbi investigation. some republicans were frustrated about that and the delay but looking back in hindsight do you think that actually was something that actually helped a lot of senators be able to get to yes such as susan collins? >> yes, it clearly helped and senator flake and senator collins and senator murkowski were probably weren't going to vote for confirmation without the fbi investigation.
i didn't think it was necessary from a substance point of view because i felt like our investigators in the judiciary committee had done a great job and, indeed, the fbi report just for the most part reaffirmed what our judiciary investigators found but it was important for senator flake and senator collins and senator murkowski and in hindsight i'm glad we did it. bill: if you listened to her speech, senator, doesn't appear that senator collins didn't need the separate fbi investigation. the way she layed out the case. >> i think she did. i spent a lot of time down in our secure quarters and she spent a lot of time going over it. susan does her homework. bill: that wasn't my suggestion, my suggestion was that the argument that she was making public yesterday seemed like she was a yes for a long time.
>> maybe, i couldn't read and it's not my place to read her. her vote is her own. my experience with with senator collins is she's extremely conscientious and she always always looks at both sides and exhaustive investigation on an issue and my impression was i don't know what was in her mind or in her heart but my impression was that she was undecided. bill: thank you for your time. john kennedy, thank you. dana: a little over an hour from now the senate will vote on the confirmation of brett kavanaugh to supreme court this coming after several fence-sitters swung in the judge's direction. our live coverage with senate majority leader he will speak with chris wallace and shannon bream on fox news channel.
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second most important court in our land. dana: senate judiciary committee chairman chuck gassily earlier today as we are getting closer to final vote on confirmation of judge brett kavanaugh to supreme court. this is expected to take place exactly one hour from now. the senate expected to vote in favor of kavanaugh after a contentious and highly-emotional confirmation battle. joining us senator bob corker, sir, one of the most important vote that is you take as a senator but also could be one of the last ones that you take as you are retiring and i wonder what your thoughts are today as you have historic. >> talk today don mcgain will leave with tremendous legacy and talked to susan collins yesterday and thanked her to speech to was historic and not only reflected well but ting senate as a whole, so, yes, it's a big day, it's a great day for our nation and i look forward to the vote at 3:30 or 4:00, whenever it takes place. dana: i wonder what you think about the partnership between president trump and senate majority leader mitch mcconnell
when it comes to judges, they have been working in concert today, they have a record number of judges confirmed already, this would make the second supreme court justice and how you are seeing that play out over the past couple of years. >> senator mcconnell makes no bones about the fact that this would be in some ways transforming, this would be as you know better than most, i mean, this is going to impact our country for more than a generation, we are still going to confirm more judges after this throughout the duration of this year, we still have a lot of work in that regard, look, this is the legacy that the president and -- and our majority leader can be very proud of and they've worked very well together and let's face it, mitch has been dogged in his approach, he just keeps pressing on, doesn't get distracted and he's done outstanding job, he really has. bill: senator, i was picking up on a couple of things this week,
before we get there, what was brett kavanaugh's state of mind when you spoke with him? >> you know, he was very upbeat. he was very upbeat. i can't imagine the life that he has lived over the last couple of weeks and just the horror of being accused of something like this coming before the tenure that he's had to take if you will from the other side of the aisle in both hearings but it's been, it's been very difficult, very upbeat. i told him i was envious and many people in my life but i think it spoke volumes about who he is to see how many friends, close friends that he has who has come out on his behalf. people who have known him all of his life and i told him obviously in a joking way, i was envious of him in having so many close friends that support him and love him the way they do. bill: did he express what he shared shared in the wall street journal the other night about
being too emotional in hearing 10 days ago? >> no, i read that obviously but, you know, i think at this point he knows what the outcome is going to be and i think he's focused on the future and committed after all this happened to being the very best supreme court justice that he can possibly be and i think he's going to double down on that and i think his colleagues will embrace him well when he gets there because of the person that he is. bill: did you get to speak to his wife ashley? >> i did not. but i certainly asked him about that and shared my -- my -- i don't know, my empathy for all that they have dealt with. dana: sir, as you prepare to retire from the congress and you look at how important the supreme court nominations have become for both republicans and democrats, for all americans, what do you think about congress' role and need to reassert itself legislative
body, passing laws and not relying on the court to make laws. >> dana, you're hitting the nail on the head as to why there's so many protests and why, you know, this ends up being such an emotional battle because we are not doing our job, so many of the things that the supreme court has to resolve are things that we should be passing legislation with and no matter how you may feel about the recent tariff issues, my concern was using the 2032 tariff issue which is congress' role, the section 232 of the 74 trade act, again, it's just a continual situation of congress, you know, not really stepping up or giving away some of its responsibility. so you're exactly right, if congress would resolve these big issues for our nation as congress is supposed to do, these -- these supreme court nominations and battles would not be emotional at all. dana: thank you, sir. bill: senator, we will move to
another guest but i want to quote you tuesday night and this is when you came out publicly, those sympathetic to dr. ford could not corroborate or support evidence. were you other that is were on the fence or not? >> i did. we had discussions as we were all reading this and then let me just say one other thing, bill, women have suffered injustices for decades, we all know that and -- and our hearts goes out to them for that but to project those injustices that have happened to him onto an individual like judge kavanaugh that have absolutely nothing to do with that is also an injustice and i really do think that the other side of the aisle unfortunately just overleveraged this and overreached and i think the american people have seen that and again i look forward to today. dana was alluding to, these are
emotional, congress should step up and pass laws and hopefully that will happen but it's been the greatest privilege of my life regardless of how we function to serve in this body and i think you -- thank you and others of how you treated him. bill: thank you for being with us today. back on the floor of the senate. to give you an idea, dana, we are about an hour away? dana: yeah, less than. bill: former chief nomination council, involved in at least two nomination processes, senator cornyn on the floor, republican from texas, what do you think about corker was making about democrats pointing hand? >> they clearly were going to be against whoever the president nominated, they said as much, they tried to stop the hearings from even starting, once the allegations surfaced which they had hid and mishandled they
immediately convicted judge kavanaugh based on no evidence through the presumption of innocence out the window. all that behavior really, drew strong reactions, senator graham and senator collins on confirmation issues. it's galvanized american voters, republican voters in particular. i've never seen the republican so united and so energized over the last years, so there are obviously bigger issues at stake, individual lives and the supreme court but the impact on the election felt. dana: basically some things that people still think are a mystery, who leaked dr. ford's letter, therapist notes, all of the things that the left wants thing that the fbi was incomplete but the right thinks that the committee still has work to do, do you think the committee will try to to get answers for those things an let
it go and move forward? >> i think the people would like to close the door on the ugliness of the last few weeks, i don't think they'll be able to. these are big questions, the way the allegations came into at least senator feinstein's office, they weren't followed up on, seemed like coordinated political hit blow it is tradition to have committee and this isn't just -- they don't do this for supreme court nomination, that committee process is hundreds of nominations to all sorts of judgeships and other important positions, that process has to work and if it didn't work we need to know why and how things went wrong and if they can be improved in the future. bill: dick durbin democrat from illinois. craig, when you think about all of the arguments that have been made about brett kavanaugh's testimony and the -- well, the assertive way that he addressed the senators, how do you address
temperament, how do you judge a judge's temperament? >> well, i worked on the confirmation process of dozens and dozens of judges, i know lots of judges personally, zoom are moody and some are trickily and some get angry in traffic, that's all okay, that has nothing to do with judicial temperament. judge kavanaugh has a tremendous reputation for an exceedingly professional judicial temperament in this town. in that hearing room last week he wasn't functioning as a judge, he was functioning effectively as a defendant in a show trial, i think it was entirely just and appropriate for him to get angry and push back a little bit, in fact, at the end of the day him being real and not being scripted and working off talking points, i think that turned his confirmation around. bill: greg, thank you, greg from washington.
dana: we're keeping an eye on senate floor and protests also on capitol hill, we will have more analysis with karl rove up ahead. not just "airline purchases." (loud) holy moley that's a lot of miles!!! shhhhh! what's in your wallet? - shhhhh! - (honking) when your craving strikes, you need your wing nut. ( ♪ ) no one can totally satisfy a craving, quite like your wing nut.
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decision guide. discover how an all-in-one medicare advantage plan from humana could save you money. there is no obligation and the book is free. bill: 2:44 in washington, d.c., we believe a vote could happen 46 minutes from now, dick durbin screen left, protestors screen right, protestors are making voices heard in these closing moments, inside on the senate floor senators now wrapping up debate about a 30-hour stretch before final confirmation vote comes on brett kavanaugh. back with us karl rove former senior adviser deputy chief of staff for president george w. bush and karl, as we wait you are listening to speeches on the floor, sometimes they alternate and sometimes they do not, what are you picking up in terms of themes? >> i'm interested how stale the
democrats are, they are raising allegations and many completely baseless. may i give you two examples, senator ed markey of massachusetts, he will not allow donald trump to be civilly or criminally charged or investigated during time in office. that's not what he said at all, he once made speech in which he said that investigations are criminal and civil investigations are huge drain of time on the president but it was up to congress to decide whether or not a president could be charged in investigated -- charged with a crime while he was in office that. was up to -- that was up to congress he said, not the courts and markey goes out and make accusation and senator leahy
once again calls brett a liar for not telling truth for not being nomination to atlanta circuit court and lie today committee. i know that's absolutely untrue. i'm the guy who is pushing for bill to be put on the 11th circuit, yet once again leahy on the floor united states senate calls brett a liar when he's absolutely totally wrong. it's amazing to me that they are so sloppy and so callise. dana: he took exactly what he said on the senate floor. let me ask you looking ahead in the next suferl hours, president trump is at the white house and will be leave to go kansas in a little bit to go to rally there, he leaves with a second supreme court confirmation, significant accomplishment.
another promise kept. tell me about the president's standing now going into the midterms in 2020? >> well, it would be strong, even stronger, it would be than it was several weeks ago when he looked like he was going to be defeated on this. success begets success. that's why we have seen modest increase in the president's polls, the higher he gets on favorable and unfavorable better for republicans on midterm elections and whatever next policy battle he intends to engage on. this has been very valuable for the president. he's had terrific assistance in the senate, he's been aided ironically by events outside of control. no one inside the white house, nobody in the senate republican leadership had -- was enthusiastic about fbi investigation and now comfortable for jeff flake for brett kavanaugh and susan collins able to vote for brett kavanaugh and interestingly
enough as it was seen in harvard harris poll, lays ground work for much of 60% of the american people to believe that kavanaugh should be confirmed because the second -- additional investigation found no corroborating evidence for the charges made against him. bill: conversely do you think joe manchin survives in november yes vote in a state that trump won 42 points two years ago? >> yeah, i do i do think it gives him high-profile action to think so. i was the only democrat to do so because i thought it was the right thing to do and it's a powerful argument to be made coming down the stretch. on the other hand, claire mccaskill and john tester in montana and joe donnelly in indiana are in graver difficulty because of this. dana: all
right, karl rove, we appreciate having you. stick around. senators preparing to vote on his confirmation just about 40 minutes are from now. live to protests on capitol hill just ahead. applebee's to go. add a fountain drink to your next order for just 99 cents. now that's eatin' good in the neighborhood.
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dana: welcome back, demonstrators making their voices heard. tensions still high. you can see it there. leland vittert live from outside the supreme court with more. leland. leland: afternoon, dana, it's hard to tell exactly who is in this group. you've got die-hard protestors, black lives protestors and some of the dc brunch crowd that came over today and looking around and seeing what's going on and joined this group. it's now sort of largely standing on the steps of the supreme court, you have a few different signs out here, we will not go back, we will not forget, see you in november. those are the signs we can show you, a number of signs we can't show you were up on capitol steps earlier when die hard protestors got arrested, the capitol hill tried to pull everybody off, you can either leave or get arrested. a lot of folks chose to get
arrested to cheers from the crowd not really massive crowds that came out of here. a lot of people with their dogs, a lot of people with their kids, the one rallying cry that we continue to hear out here, dana, from this crowd, feels like they lost the battle on kavanaugh, resigned to that, they say the bigger war is about november and most to have speeches now this afternoon are going from being antikavanaugh to being rallying cries for the november midterms. dana: all right, leland, we will keep an eye on that, bill: back in studio, andy mccarthy, closing thought, talking for hours, andy, what do you think of what has transpired since 12:00 noon eastern time? >> i'm glad that we got to finish line. i happen to think that brett kavanaugh will be a model justice. i think he will be credit to the supreme court. whether i'm right or wrong about that, time will tell. but what -- what gives me a feeling of saddens as we close instead of joy is that that the
american tradition is supposed to be we have these -- knocked down, drag-out fights and we arrive at a decision and rally around and we come together and as we heard snatches of some of the speeches on -- in the senate and karl rove summarized a couple of them, i don't see what the point is at this point of tearing down the institution and that i think is exactly what is happening in speeches which are now taking shots at kavanaugh at a point where it's already clear he's going to be on the court, it's already clear that we've had this battle and it's time to be moving on. i think if you really care about the supreme court as an institution i do not see the sense of tearing down. i particularly don't see it right this minute. bill: thank you andy mccarthy, on the floor chuck grassley, senator from iowa, chair of
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our coverage continues. chris wallace and shannon bream are live from washington dc. stay tuned, the vote's about 30 minutes away. here we go on the fox news channel. bye-bye. chris: it appears all but certain that brett kavanaugh will be the next supreme court justice. welcome to the special coverage of the kavanaugh confirmation vote. i'm chris wallace s. shannon: i'm shannon bream. while the outcome is expected to be 50-48, as we've seen throughout the drama, anything can happen. mitch mcconnell joins us live in just a minute. chris: first, mike emmanuel kicks off our special coverage. what's the latest on the hill? >> reporter: the emphasis from republican leaders is this confirmation of judge brett kavanaugh will be good for the country. they maintain judge kavanau