social conservatives is still in the running our own shannon bream anchor of
fox news at night and a veteran of a US Supreme Court watch joins us now boy
this is as hot as it's ever been among contention points on this what's
popping at this hour well here so you know all four of these
names were talking about and we've been told these are the four
they've all been federal judges that's where they currently sit some of them
for years one of them only for months though and I gotta tell you my sources
over the last few days have told me repeatedly
it's Cavanaugh or no he's changed his mind it's Barrett or no he's changes
mind I've literally heard that each one of them has been at the top of the
president's list every day so I don't know how he's feeling today we'll know
tonight but going into what could be a tough confirmation battle we do know how
GOP Senator Lindsey Graham is feeling here's his take Republicans are holding
four lottery tickets and all of them are winners all right so let's talk through
them let's start with judge Brett Kavanaugh DC born and raised he was a
Justice Kennedy Clerk along with now justice himself near Gorsuch he has a
long history with the Bush family helped write the Ken Starr report even
investigated Vince Foster's death judge Raymond Catholic also a Kennedy Clerk
but this guy unlike Cavanaugh is seen as an outsider from DC he likes to get out
and hunt and fish with his son he often writes from a spot in a barn with no
internet it does have a landline he has just marched ten years on the
federal bench Judge Amy Coney Barrett the newest to judge to the bench hit a
bruising path through the Senate just months ago you'll remember with
especially tough questioning from senators Franken Durbin and Feinstein
she does have a long career as a respected law professor and writer she
clerked for Justice Scalia and there's Judge Thomas Hardiman he sits on the
Third Circuit with the president's sister now he's authored opinions that
conservatives like on all things from guns to religious liberty and he's the
guy who drove a taxi to help put himself through Georgetown Law now no matter
whom the president picks it's going to be a tough confirmation battle the
Republicans are down one Senator McCain is not actively here in DC Democrats are
counting each vote they're hoping to keep their coalition together maybe even
pick off a repeal in or two I will tell you those simple
math tells you if John McCain is absent it's a fifty forty nine Senate one
Republican senator can decide the fate of any Supreme Court nominee all right
so all of them have been through this gauntlet of getting through Senate
confirmation before but it's gonna be a much different battle if their name is
the one that's called tonight and this whole thing kicks off so far the name
has not lead to the president's lockdown his decision you may remember last time
that then nominee Neil Gorsuch was brought here on a military transport
plane there all kinds of cloak-and-dagger moves and we didn't
know for sure until he walked out there the president called him out and he was
the nominee so Harris we stand by real quickly and and sometimes we will see
some sort of activity behind you Shannon because people care about these types of
decisions I've seen those steps filled with people I'm curious to know people
that you've talked with maybe passers-by what people are saying right now they
all want to know what the time is they want to know they know something's
happening today we let them know nine o'clock tonight if they can't be here
they can watch on Fox News the president will roll this out nine o'clock Eastern
Time there are a few protesters here but that's a daily occurrence you know we
have a big case here we may have hundreds even thousands packed onto the
street that sits here between the court and Capitol Hill there are some
protesters today I don't know if you can hear the music we have one who's DJing
out here having a bit of a party as we wait for the pic so it's a very festive
environment right now Harris yeah I didn't know that that was a protester I
thought maybe just a DJ in training shannon bream thank you very much
my first guest has seen fifteen US Supreme Court confirmation fights he's
participated in the confirmation of every current sitting member of the High
Court senator orrin hatch is the former chairman and the longest-serving member
of the Senate Judiciary Committee senator welcome to outnumbered over time
great to have you on the program today great to be with you there so appreciate
your leadership thank you you know I don't know if you could hear
maybe there on the hill with a monitor nearby but Democrats those who are in
jeopardy of losing their seats may look across the aisle and decide to vote with
this confirmation whomever the president were to choose and Dick Durbin just sent
a shot across the bow that Senator saying yeah don't do that fall on the
sword if you will the political sword and and protect the seat what do you
think is going to happen with those Democrats well I've lived through all
kinds of things in the early days because the Democrats were in such
control of this whole place they there were the votes on Supreme Court nominees
were never really close but the Democrats of now they're so upset that
the Republicans have this opportunity of appointing nominees to the court and
that they just make every doggone appointment a cause celeb and it's just
ridiculous but that's the way they do that the four that are mentioned they're
all really outstanding people they're very very good any one of them would
make a good justice on the Supreme Court and and I think it's gonna be tough for
the Democrats to face that senator hatch can you tell me what happens if the
president chooses somebody and that confirmation is in jeopardy or or
something's happening and it looks like it might not go through in fact you wait
for the next Congress or just something different happen well yeah I mean I
think whoever president Trump decides to pick out of the floor if it's out of the
floor I think that person's going to go through they should go through the
Republicans are in control of the Senate and we all know how important this is
and the people that he suggested are really outstanding people take Amy
Barrett I mean she's she's a law professor at one of the major
universities and she's a very fine person but she's conservative and the
course of Democrats hate that aspect at all so what can they do I mean is it a
matter of optics that the Democrats push against this or of or is there something
that I'm missing that they can do to stop this process well it's a lot more
than optics and I really don't think they can afford to filibuster a Supreme
Court nominee it would be the first filibuster in history but I wouldn't put
anything past them because they they just hate the fact that Donald Trump has
the right to a point this next Supreme Court nomination and
and it's really hard for them to swallow but you know these people are all really
outstanding people and you never know how a person's going to room when they
get on the court and we we've been both pleased and displeased by some of them
yeah I you know this gets complicated too for Democrats they're former
presidential candidate called it the party of women if you did put up
somebody and I'm glad you mentioned to Amy Coney Barrett because she might have
a tougher time we just saw her get through a lower court nomination process
you were there you know what it looked like it got very contentious
particularly with another woman Senator Dianne Feinstein so if the president
were to choose her that would force Democrats to put up some of their party
platform against this if they if they vote against a woman well if the
president chooses her then the Democrats are gonna have to face the fact that
they're really not for women unless they're Democrat women and frankly I
can't see any Republican who would vote against Amy K you know Amy Barrett
because she's she's really outstanding she's a law professor she's very very
knowledgeable she is conservative there's no question about that I think
most Republicans appreciate that the Democrats don't but you know they're not
they don't control the presidency and Donald Trump is president you know it's
interesting you've said it a couple of times
Amy Barrett is conservative but you don't know as you said how exactly
someone will vote each time you will have the unique position again to sit
and ask the questions what would you ask a potential candidate if it's one of
these four specifically I would go down the tough questions that they have to
answer so that they can answer them fairly and straightforwardly so that the
Democrats really are bereft of any real arguments because give me an example if
you can well in the case of Amy economy Barrett I'd ask her what she believes
and what she feels it's true in the law and I would bring
up some of the things that that they hate and see if she can handle those
very well and when she appeared before the Judiciary Committee before she did
very very well handled does very very well and you know there's no question
she's a tremendous woman the mother of seven children you had a law professor
and you know if you were looking for somebody to pick for the Supreme Court
you'd have to say that she's an excellent choice the president is set to
make his announcement tonight how much more politically contentious is it this
time around than any other time you've seen it and before you answer I want to
show you senator dick durbin and you can listen to the fight that he's
forecasting it is a dilemma in one respect but not in another I will tell
you the men and women that I work with on the Democratic side really take this
seriously they understand it's an historic decision it's about more than
the next election it's about what country the United States of America is
going to chart as its course in the future in this Supreme Court I think
each and every one of them take that seriously that personally it goes beyond
the next election the senator hatch the president said it could be vicious
the fight ahead your last word well it usually is especially when a
conservative Republican is a point it usually is pretty vicious and I suspect
that they will really get vicious if if the Baroness is chosen but Barrett can
very well handle herself she's very smart she knows what she's talking about
she's a law professor I really have a high regard for but I have a high regard
for the other three as well know them all quite well and frankly he you know
president the president has a plethora of people who are just excellent and and
I think we can support any one of them for the United States Supreme Court but
you know there's something that within me it says it'd be wonderful to see the
point and become me Baron Barrett I think that would be a good thing you've
had such a unique seat a witness to history and part of the whole process
wonderful to get you on the program today get your perspective ahead of this
pick tonight the US Supreme Court nominee
senator Orrin Hatch to the great state of Utah I love to hike there good to see
you thank you thank you good to see you let's bring in Fox News chief political
anchor and the anchor of special report Bret Baier talk about perched a man
who's about ready to to bring us all this news tonight we cannot wait Brett
what what do you think is happening today as the president makes his final
choice based on our reporting we know that he's been whittling this list down
there are certain questions he won't be asking maybe some that he will yeah you
know this president operates as you know Harris different than other presidents
he does a lot of decisions by gut he does ask a lot of people for their
thoughts their input by all accounts he's made phone calls this morning and
we're told about Brett Kavanaugh and judge Hardiman whether that means
they're the final two or he's deciding whether they should be included in the
final two we don't know we don't know until we really get word from this
president what he what he's decided but I think that you touched on with Senator
hatch a little bit of the intrigue here on the political side and just from
being here ahead of the midterm elections you have all of these
Democrats ten Democrats running for re-election in red states now the choice
that they'll have to make is how this vote comes down to listen to Senator
Durbin he says this should be no problem this election should not factor into
this vote well he's not running for reelection
in a red state and it'll be interesting to see how all tens Senate Democrats
decide to go you know I'm looking at some of my notes that I have been
studying the last few months because joe Manchin does and has voted you know for
the president policies along the way but he's still a Democrat Heidi Heitkamp
you've got Joe Donnelly those are the names of Democrats who've been mentioned
that are vulnerable that might vote for the president's pick but you mentioned
there are 10 could there conceivably be more Democrats that would jump the ship
and and are they really listening to dick Durbin is he like the new party
leader that we don't know about that I don't think they are
they may be listening to Chuck Schumer and trying to hold the line especially
if they have indication that some moderate Republicans may be wavering but
I do think that there was there is going to be a lot of outside pressure not only
from the president possibly going to these states campaigning mentioning this
in fact this is effort but also from outside groups spending millions of
dollars in campaign ads like someone like Jon Tester who just dealt with a
barrage of President Trump in Montana that's an odd thing we'll have to deal
with likely a barrage on this choice but that's such an interesting example and a
fresh one in our minds real quickly before I let you go so the president
makes his choice what Brett do we know will be the next steps in all of this
the American public now is wondering well does this happen in a day well we
know that it doesn't happen in a day but what's next well the next steps are
really the introduction tonight and then kind of a study process with that
nominee and then the scheduling of the hearings which probably will happen
pretty quickly but doesn't happen overnight and then you have the hearing
set and then we have this process of this interim time where these outside
groups on both sides are going to be bombarding every lawmaker even if
they're not in the Senate money that some of these groups are going to put up
oh yeah I mean this is big money like Bayeux ad campaign stone and so forth
you heard senator hatch saying that he and other Republicans may try to ask
some of those tough questions so that the candidate can get them from
Republicans before the Democrats really launched in your last words I think that
that is the Democrats best hope to trip up a nominee and that is to really do
their homework and dig in and find something somewhere that is a problem
that becomes this big problem to the point where the nominee can't go on
we've seen that before justice Bork for Ronald Reagan and
others who've not made it through the process the votes are really not there
if Republicans hold the line we'll see all right we'll see you two at 6:00 p.m.
Eastern as we always do special report Brett thank you
and be sure to tune in tonight for full coverage of the president's historic
announcement 9:00 p.m. Eastern Sean Hannity begins with his analysis right
here on fox news channel Shepard Smith anchors on the Fox broadcast network
tonight 9:00 p.m. popular corner night is made growing tensions between the
United States and North Korea now after Secretary of State Mike Pompeo s trip to
North to negotiate with a rogue regime our talks breaking down or is all of
this part of the plan we get tough they respond next next next we'll talk about
all of it plus a potential interview between President Trump and special
counsel robert muller looking less likely now the president's legal team
just got tough new conditions for a sit-down all that more hardline strategy
stay close we would not recommend an interview for the president unless they
can satisfy us that there's some some basis for this investigation
Fox News Alert president Trump's attorney Rudy Giuliani has signaled a
potential sit-down between the commander in chief and Special Counsel Robert
Muller is doubtful at this point he says he wants Muller to prove there's some
suspicion of a crime before his legal team considers an actual interview
Giuliani also went after the credibility of the entire investigation we've been
through everything on collusion and obstruction we can't find and
incriminating anything and we need a basis for this investigation there are
biases that have to be explored surrounding moer how you could end up
hiring a group of people that are as prejudiced and biased as this group in
that record at least he wants to testify he believed I had to believe that
anymore miss mayor well it's hard to believe given all the things that have
been shown about how tainted this investigation is this is the most
corrupt investigation I have ever seen chief White House correspondent John
Roberts is live at the White House with details now I know last hour you were on
marine watch where are we marine is there and has been for about the last 45
minutes or so so the president is in the Oval Office we keep watching Twitter to
see if he's going to announce that he has made a decision about his Supreme
Court nominee but on to other things in the meantime the president has said on
numerous occasions that he would like to sit down with Robert Muller and do an
interview and the Russian investigation but as you pointed out at the top here
Harris that concept and that prospect is looking less and less likely now I spoke
with Rudy Giuliani over the weekend he told me that he wants Robert Muller to
produce evidence of some wrongdoing on the part of the president and also wants
Muller to prove that he needs to get information that he can only get from
the president before they agreed who was sit down listen to what Giuliani said
yesterday we would not recommend an interview for the president unless they
can satisfy us that there's some some basis for this investigation it's our
it's our firm beliefs and we think nothing contradicts this that the
president did nothing wrong and the president again weighing it on Twitter
this morning on the Moller investigation citing polls that show that this
approval of the special counsels investigation has jumped to 45 percent
from where it was back in January 31 percent the president tweeting quote
public opinion has turned strongly against the rig which hunted the Special
Counsel because the public understands that there was no collusion with Russia
so ridiculous that the two FBI lovers were a fraud against our nation and that
the only collusion was with the Democrats it was thought Harris that an
interview would have occurred by now when I was speaking to Rudy Giuliani and
Jay Sekulow about this in the spring Giuliani told me that he but they
thought that they would maybe get it done after the president returned from
North Korea that didn't happen and now it looks as though this is increasingly
unlikely to happen the president's about to head to Europe tomorrow for a week
and then it's full steam ahead on the confirmation of whomever he picks for
the Supreme Court so I really think that this thing is looking less and less
likely you know John I don't know if you caught it last hour we had Andrew
McCarthy on the couch with us landmark decisions by him or cases that he hasn't
you de kated and so he put forth his opinion that the president now is
looking at shifting political winds and that this was always about impeachment
more than looking for actual crime the president wasn't going to be indicted in
any way so that may be playing a role in all this I'll give you the last word
yeah and definitely Rudy Giuliani told me that they thought that the political
winds were shifting in their favor which is why Giuliani was a little bit
perplexed and puzzled as to why the president would suddenly start going off
on Jeff Sessions he told me on the phone he said it looks like public opinion is
turning in our direction on this and every time the president tweets about
Jeff Sessions in a negative way it sort of takes the focus off of that John
Roberts thank you very much always great to be on the program good to have you
too former Republican congressman from Utah and Fox News contributor jason
Chaffetz I was watching you the other night - fantastic show you filling in on
a certain point there in primetime let me ask you this thank you those fun
further that the question that I was just asking John was this really more
about impeachment than anything else and if so what are the signals for that and
where are we now in the of politics over collusion well the
signals come from the fact that do you have a number of House Democrats who've
been chanting and wishing this even really before the president took office
I think when the president appointed in brought in Rudy Giuliani the former
mayor obviously great legal credentials but when he brought him onto his team it
was also a signal that they had to deal with somebody who had personal
relationships and previous interactions with MIT director Muller and mr. Comey
and that he has taken such a lead out front in making this case that you do
need to win the case of public opinion but the bottom line is I think Rudy
Giuliani's right there isn't any evidence out there of anything wrong and
the longer this goes the more the public goes to president Trump's direction so
what happens if in the end there wasn't any evidence that the public will know
that some of its a lot of its tax dollars perhaps we don't know that yet
in game we don't know the end date yet but tax dollars were spent to find out
something that turned out to be without evidence and then we move on I mean
isn't that what you want rather than stopping something short and giving the
other political party some some ground to secede on on fighting well it wasn't
a true investigation what's your opinion on that well as trey gowdy said a couple
weeks ago in a hearing it's tearing this nation apart and there needs to be a
decision as to whether or not to prosecute was there any information
the president's legal team has been told repeatedly the president is not the
subject of this investigation but if you watch anything on political television
on the Internet you would think that there is this
collusion which is not a legal term it's just an accusation against the president
but it's simply not there and at some point the country needs to turn the page
and move on director Muller does not get to get to just go on this routine
fishing trip and try to bring in John Kelly and all these others there's no
reason for it unless he can articulate one you know the president tweeted you
heard the words to FBI lovers there are two people in the center of this
what do we know about how they will be looked at because we're about to hear
from one of them in front of Congress Peter struck who is writing those text
messages that they had some master plan to keep President Trump out of the White
House well remember comes on the heels of a 560 page Inspector General's report
that showed animus it showed deep bias and the question then as the Inspector
General looks into is this the potential abuse of FISA and the Russia probe did
those same agents and it wasn't just those two it was more than that
did they use their positions in government using taxpayer dollars to do
something nefarious that they wouldn't have been able to do otherwise because
they wanted to go after the president and it's all written out in their own
words and I hope struck will testify this coming Thursday they should put
side by side Lisa page you want to see an interesting hearing they should put
Lisa page right next to shoulder to shoulder with Peter struck soon nobody
has an excuse to say well I don't know what that text meant put him there
together and I fly today and let them explain to the world how to do that what
that will definitely be uncomfortable for the as the president calls them to
FBI lovers but it might though for some facts in there that you think we're not
getting jason Chaffetz always great to see you thank you very much thanks
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