Transcripts For FOXNEWSW FOX And Friends 20201013

Florida yesterday. Los angeles victory off the upright and no good. Got to believe in the love you find never giving up never give up on the. Brian not good news for the chargers fans but no fans to be there to be mad or cheer. Fake crowd noise. Nothing fake about us. 22 days until we get a new president. And you would never think by looking at the polls, guys, you would be thinking it would be totally reverse. If you see the cars that lined up in the parking lot for joe biden not many and saw the size of the crowd that President Trump got in central florida, a lot. You would think that the polls would show a reverse story. Steve are you talking about the joe biden who said he was running for senate yesterday and forgot mitt romneys name . Brian yes. Steve did all sorts of crazy stuff. Brian, i night correct you. But it is 21 days until the election because it is three weeks from today. Today is a tuesday. Brian i got to change, sorry about that. Next hour im going to get it right. Ainsley correct one of your coworkers. Steve Everybody Knows three weeks until we go to vote. Yesterday was a record day in georgia. Some people want to make sure their votes count. Brian ainsley, steve used his time to correct me. Do you want to do the same thing . Ainsley i will not correct you because steve has done it for me. Steve i apologize. Make it right next time. Ainsley according to President Trumps doctors he did test negative on being consecutive days. Anthony fauci doesnt belief should be out there holding these realsz. He did dancin 00 stage and we will show you that throughout the show. Griff jenkins is live with highlights of day one of the confirmation hearings and what we can expect today at 9 00 a. M. Hey, griff. Griff hey, ainsley, brian, and steve. Good morning. We may be 21 days away from a new president. Even sooner we could get that Supreme Court justice. What an image day one brought. Judge barrett seated with her husband and seven children behind her appealing to senators, some in the room. Others virtually that as a Supreme Court justice she would be, above all, independent and fair. I believe americans of all background deserve an independent Supreme Court that interprets our constitution and laws as they are written. I believe i can serve my country by playing that role. Griff democrats in Opening Statements led by Ranking Member Dianne Feinstein cast her as a serious threat to obamacare. They are asking the Supreme Court to strike down the Affordable Care act. They are deliberately defying the will of the people in their attempt to roll back the rights and protections provided under the Affordable Care act. In the midst of a pandemic, the republicans wanted to strike down a law that 23 million americans rely on. Griff but republicans came to judge barretts defense blasting democrats for opposing her nomination. They claim the fact that this nomination is occurring at all is illegitimate. Doesnt matter who judge barrett is. It doesnt matter what she has done. It doesnt matter her record. It doesnt matter. Its really quite simple what your opponents are doing. They are attacking you as a mom and a woman of faith because they cannot attack your qualifications. Griff that was day one. Now the grilling begins on day two. 12 republicans and 10 democrats on the. Each senator gets 30 minutes. In for 11 hours the next few days. Thats barring procedural challenges or democrats attempting to postpone or delay the process. One thing is for sure. Its going to get a lot more confrontational today democrats outlining their track on the healthcare front. We will see what else they raise in their many questions today. One thing is for sure chairman graham intends to get her pass out of committee by a week from thursday. Brian, ainsley, steve . Brian thanks, griff. Senator schumer not going to give them a quorum need two democrats to show up. If they dont show up pass a measure to do it without them. Put it to the senate floor and if no democrats show up, then have you got to pass a measure to pass it without quorum. Delay, delay, delay. Thats what schumer is talking about. What i found out really amazing about yesterday is Amy Coney Barrett was really not the one who was front and center. It was about obamacare the whole time. These heart wrenching stories that you thought we heard a lot about in 2008 and 2009. They were front and center because in the first week november 119 i should say we will start hearing about obamacare case in the Supreme Court. And they believe that she will undo obamacare, which probably, by legal experts, i dont think that will be the case. Meanwhile, speaking of legal experts, Jonathan Turley on with us yesterday said this about what he observed about the early proceedings. Well it, walls a curious scene. We are not used to having all of these blown up pictures around the nominee. And it was a bit, in my view inappropriate because the suggestion was that these are going to be the victims of the nominee and that you know, portrayed her like some type of serial killer. These are the people going to lose all of their healthcare. Theyre not relevant to this nominee. Because the case that they are talking about is very unlikely to result in the entire act being struck down. Two, at least two of the conservative justices are expected to vote in favor of preserving the rest of the act. Brian today they will have to ask her direct questions although they will be aiming at President Trump and talking about obamacare. Steve, they are going to try to get her to take positions on major cases that could be coming down the pike. Especially roe v. Wade. And she is going to go out of her way to say thats not my job to tell new advance about a case i havent seen yet. Steve the ginsburg standard Ruth Bader Ginsburg i think we heard yesterday 60 times during her confirmation. One of the things they are going to try to do is get her to say if you become an associate justice on the Supreme Court, will you recuse yourself from any cases arising from the election . And, of course, the wall street journal today has got an oped that says she needs to refuse to recuse. So, stay tuned. Our coverage kicks off at 8 50 person time this morning you will see it here on fox. Meanwhile, lets talk a little bit with this. Joe biden who has been pretty good over the last couple of months on stonewalling on different things, apparently yesterday, same day he said he was running for the senate and forgot, mitt romneys name referred to him as that mormon senator. Yesterday he revealed exactly how he feels about courtpacking. Remember, he has said in the past as recently as friday, voters dont deserving to know if he would pack the court. They will know after the election. Well, yesterday, thanks to a local reporter at wkrc in cincinnati, we found out a little bit more about how joe biden feels. Watch this. Courtpacking is going on now. Never before when an election has already begun and millions of votes already cast,s that ever been that a Supreme Court nominee was put forward. Im not a fan of courtpacking but i dont want to get off on that whole issue. I want to keep focused. The president would love Nothing Better than to fight about whether or not i would, in fact, pack the court or not pack the court, et cetera. The focus is why is he doing what he is doing now . Thats the courtpacking, the public should be focused on. Steve and so what he revealed is im not fasten courtpacking which is kind of what he sounded like in the past. We played one soundbite for you yesterday. Heres another one. The senate again stood firm in 37 the Court Packing attempt. This environment roosevelt and remember the sole adage power corrupts be a luley. Unveiled courtpacking plan. He will want toind crease the number of justices to 15 allowing himself to nominate additional justices. Took the act of courage and act of his own party constitutionally to stand up against this power grab. Steve thats very telling. Historically he said he is not a fan of it. Yesterday he said he is not a fan of it. So, ainsley, if you were part of his progressive base and you were counting on him to pack the court to stand up to trump who is ramming this nomination through. Its like oh, he is not going to pack the court . Maybe im not as enthusiastic about voting for the guy who is not donald trump. Ainsley that was the first time in this election we have gotten close to an answer saying he is not a fan he still didnt want to say he doesnt plan on doing it. He does want to appeal to those progressives. Steve to everybody. Ainsley ted cruz says the reason they refuse to answer the question they know its not popular with the voters. Its a partisan power grab and they dine tend to pack the Court Whether or not that will happen, were still not sure. President trump was on the campaign trail yesterday. He was at that rally. He was dancing. This is his first rally since he was diagnosed with covid. He got out of hospital a week ago. He did say remember, guys, im not a normal politician. Watch this. We are winning by a lot more now than we were 22 days ago. It 2 days from now we are going to win this house. Four more years in the white house. We are are going to make our country greater than it has ever been before. [cheers and applause] if i do not sound like a typical washington politician . Because frankly im not a politician. Im embarrassed by the word. And if i dont always play by the rules washington establishment. Its because i was elected to fight for you and i fight harder than anybody has ever fought for you. Ainsley thats his element. He loves these rallies. He loves going to those and joe biden is going to go down to florida today, brian. Brian im going to be fascinated what happens with the final results of this elections. We know about the polls that have him slightly ahead in ohio but trailing in Battle Ground states. Trailing by 3 or 4 in florida. If you look at the Battle Ground states and he is about 6 away in wisconsin. But wherever he goes, the crowds gets bigger. Things going on like flotillas i have never seen before. He is not even orchestrating. Parades going down main street suburbs and streets is he not organizing. There is either he has the most passionate base ever or the polls are just way off. Because, as he goes back out, if its 21 Straight Days of rallies like he wants, and those crowds continue to grow, and the message continues to resonate. And joe biden is not a strong campaigner, by any measure, when he makes gaffes like this after being out two days, after getting 12 people. Ainsley brian you, look at this video. Brian look at these crowds. This came together in 48 hours, steve. Think about this. Steve keep in mind we have heard that joe biden has lots more money to buy tv ads. But the kind of publicity and kind of turnout you got right there with the enthusiasm, you cant buy that. Brian absolutely. Steve that is why the president is going to pennsylvania today. Iowa tomorrow. Going to be in florida on thursday and friday. Then is he going to go to ohio and wisconsin. The idea is one event a day. And then is he going to move into two or three events a day and then in the final sprint, the final week or so half a dozen events a day. Think about it, if you are in those Battle Ground states and the president comes and gives one of those big rallies free media and excitement. That is what he thinks got him over the finish line last time. Ainsley there are a lot of people not admitting they are going to vote for him. Still people going to vote the e way because they dont like his style and tweeting. For those people down in florida, that video is incredible. Thats the first time i have seen that that line is so long. Brian can you imagine if they had like a couple of days. Ainsley 48 hours ago. Brian 48 hours. Incredible. Steve lets see what happens next in pennsylvania. Ainsley jillian, take it away with headlines. Jillian good morning. Lets begin with this. Nypd growing protests as we get closer to election day. The department telling officers to be ready for deployment on the 25th. Draft memo obtained by the New York Post says is this novembee most highly contested president ial elections in the modern era. We should anticipate and prepare for protests growing in size, frequency and intensity leading up to the election and likely into the year 2021 now in this 25yearold nevada man First American to get covid twice. He first tested positive in april. The second time was in june. Doctors say that case was more severe and he was put on oxygen in the hospital. He has since recovered. There have only been a few reinfection cases reported around the world. Overnight, an Appeals Court upholds Texas Governor greg acts restrictions on ballot boxes. The judge is ruling only one box per county is justified given concerns of voter fraud. Activists say abbotts order is voter suppression. The governor responding on twitter in part saying quote critics were clueless about the legality of my action and voiced prejudicial political opinions. Win at home by matter of inches on monday night football. Watch this. Correction, its williams and this is going to be short. Saved the game and won it for new orleans. Jillian the saints stopping the final drive in overtime the score there 3027. Chargers blowing a double digital lead for second week in a row. That is not good. Send it back to you. Brian thats a heck of a quarterback they got. What a rookie even though he lost and drew brees seems to have gotten it together. Thanks, jillian. Democrats using judge Amy Coney Barretts confirmation hearing to defend obamacare. I will symptom now. Your nomination is about the republican goal of repealing the Affordable Care act. It will result in millions of people losing access to healthcare. Your healthcare is on the line. Brian dr. Nicole saphier says democrats are fear mongering. She joins us next. Time to start brushing with parodontax toothpaste . If your gums bleed when you brush, the answer is yes. The clock may be ticking towards worse. Parodontax is 3x more effective at removing plaque, the main cause of bleeding gums parodontax how will we do it, at a time weve been asked that before. And through pandemics, and depressions, wars that split a nation, and fractured the world. Americans have always found a way to vote and make their voices heard. So stand with the National Council on Election Integrity and help make sure every vote is counted. No matter who you vote for, or how. Because while this election may feel different, we all call america home. Inflammation in your eye might be to blame. Ck, looks like a great day for achy, burning eyes overthecounter eye drops typically work by lubricating your eyes and may provide temporary relief. Ha these drops probably wont touch me. Xiidra works differently, targeting inflammation that can cause dry eye disease. What is that . Xiidra, noooo it can provide lasting relief. Xiidra is the only fda approved treatment specifically for the signs and symptoms of dry eye disease. One drop in each eye, twice a day. Dont use if youre allergic to xiidra. Common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. Dont touch container tip to your eye or any surface. After using xiidra, wait 15 minutes before reinserting contacts. Got any room in your eye . Talk to an eye doctor about twicedaily xiidra. I prefer you didnt xiidra. Not today, dry eye. Your nomination is about the republican goal of repealing the Affordable Care act. It will result in millions of people losing access to healthcare. Your healthcare is on the line. Tense of millions of people millions of people will lose their healthcare. To take healthcare away from millions of people. We cant afford to go back to those days. When americans could be denied coverage. Steve as you heard right there some democrats yesterday sounding the alarm warning that if confirming judge Amy Coney Barrett to the Supreme Court that would mean the end of the Affordable Care act and millions of people would lose their healthcare is that accurate . Here with a discussion we have got fox news medical contributor and author of make america healthy again dr. Nicole saphier doctor sapphire, good morning to you. Good morning, steve. Steve so is that true . If she is confirmed, millions of americans will lose their healthcare . Every legal expert i have talked to is not whats on the chopping block the concept is severability it would not appear that the Supreme Court is really going to be cutting down all of the Affordable Care act. With that being said, steve, lets take the legal aspect out of it and look at the healthcare part. The Affordable Care act in itself is not married to the whole preexisting conditions and everything else. Yet, it is a concept. It is a concept that the Affordable Care act cover more people and preexisting illness. As you remember President Trump himself has put forth an executive order saying that the federal nations message now is to cover those with preexisting conditions. We have 130 million americans in the United States livings with some form of chronic illness. Our overarching goal is to protect them and making sure that they have access to quality affordable healthcare. That doesnt necessarily equate to a Health Insurance card that is provided by the Affordable Care act. In the last several months, steve, under the trump administration. They have issued multiple executive orders. Specifically to lower drug costs. You know, they showed a picture of this beautiful young child who is suffering with type 1 by dietz. The truth steve is insurance card doesnt treat diabetes. Insulin treats diabetes. How can we get affordable insulin to that child, to that family because that child will need it for the rest of their life. Thats what needs to be focused on. Its not if giving Health Insurance cards to people. Its about making sure healthcare is affordable and accessible. That does not necessarily equate to the Affordable Care act. Again, it doesnt actually seem the whole entirety of the Affordable Care act is even on the chopping block. Really this is just fear mongering and bombastic because healthcare is emotional for everyone and its always going to be on the ballot. Steve healthcare is existential for so many people. Without it they feel like they dont have that safety net. We should not be surprised that they would do this, the Democrats Used that as their tact, the aca against acb because they did that two years ago when they were grabbing control of the house where they did the same thing if republicans keep power you will lose your healthcare. Back to the playbook, i guess. Meanwhile, real quick. When i got up this morning i heard that j. And j. , johnson and johnson are doing this great big Covid Vaccine study they had to stop it because one person got sick. Can you explain how this all works . Sure. So absolutely. So johnson and johnson has one of the largest phase 3 Clinical Trials going on with about 60,000 participants they have Just Announced they had to put a quick pause on the trial not unexpected. A pause is different than a hold. A pause is done by the studys sponsor so johnson and johnson as opposed to a hold which would be done by the fda. Johnson and johnson has put a pause on it right now because there has been a serious adverse event. Right now they will have an independent data review board as well as physicians look at this event. We dont even know at this point if the person who is having the serious event got the vaccine or actually got a placebo. We have no information right now. So this is all very preliminary. And truthfully, usually pauses are not actually told to the public until there is more information. But because its under such tight scrutiny right now we are aware of everything. We have to give it a couple days so we can learn if the patient even received the vac senile. Is it a coincidence or directly related to the vaccine . As of right now we dont know. Steve i never thought that that person might have got an placebo, absolutely right. Interesting stuff. Thats why we call you on every day. Her book is called make america healthy again, dr. Nicole saphier, thank you very much. You bet. Steve coming up on tuesday, new group to take over washington. Nancy pelosi and the squad, republicans have the battalion. Steve Lieutenant Colonel allen west and congressman jim banks are leading the committee behind this campaign push. They join us with one of the battalion members coming up next. Ready to juvederm it . Correct agerelated volume loss in cheeks with Juvederm Voluma xc, add fullness to lips with juvederm ultra xc and smooth moderate to severe lines around the nose and mouth with juvederm xc. Tell your doctor if you have a history of scarring or are taking medicines that decrease the bodys immune response or that can prolong bleeding. Common side effects include injectionsite redness, swelling, pain, tenderness, firmness, lumps, bumps, bruising, discoloration or itching. As with all fillers, there is a rare risk of unintentional injection into a blood vessel, which can cause vision abnormalities, blindness, stroke, temporary scabs or scarring. juvederm it. Talk to your doctor about the juvederm collection of fillers. Go go go on a real vacation. Visit go rving. Com or your nearest rv dealer. Its made for him a veteran who honorably served and its made for her shes serving now we also made usaa for military spouses and their kids become a member. Get an insurance quote today. We also made usaa for military spouses and their kids knowinits hard. Re is hard. Eliminate who you are not first, and youre going to find yourself where you need to be. The race is never over. The journey has no port. The adventure never ends, because we are always on the way. Brian a Political Action Committee Found to help conservative veterans and minorities seeking office has a full battalion this election cycle hoping to be elected to congress. Democrats have nancy pelosi and the squad. Republicans have the battalion. Conservative candidates representing our finest. Leaders in their communities, churches, and our military. Brian the group called the Guardian Fund says they are backing the largest class of women, minorities and veterans the pac has ever supported. Joining us now with more the founder of the Guardian Fund himself allen west trying to get texas to stay republican. Good to see you, colonel. Its good to be with you, brian. Brian chairman of the Guardian Fund congressman jim banks good to see you congressman and candidate for Third District in florida cat. We will talk to you in a second. What was your vision with the Guardian Fund. Brian, you remember back in the day when i used to give you calls and reports from when i was a mentor for the Afghanistan National army when i came back from afghanistan i decided to run for congress as you well know. One of the things that people came to me up there in washington, d. C. And asked how much money i was going to fund into my own campaign . A lot of these young men and women who are coming out of the military and also some of these minority candidates. They dont have the opportunity to be able to do that. So, in 2012, while i was a member of congress, i started this pac called the Guardian Fund. And what it has sought to do is help those who are the guardians of our republic to be able to run for office and u. S. Congress and senate. Since 2012 to 2018 election cycle, we have endorsed 105. We have had 77 victories out of 105 and we have a class of 55 in this 2020 cycle. Brian with that endorsement, congressman banks, what do you get . Well, brian, just like colonel west, i ran for congress right after i got back from serving in afghanistan. And that Guardian Fund endorsement and support was critical to me getting elected to congress. One thing i have learned in four years is that its the veterans it is the veterans in congress who are fighting the hardest alongside President Trump for his agenda. Thats why we need more veterans. Thats why this year we vetted 99 veteran candidates also a number of candidates with a minority background the the battalion we are talking about today is 23 candidates who are firsttime candidates running for congress around the country. We have also support you had 27 incumbent veteran veterans who are running for reelection as well. So thats how were going to win back the majority. We are going to do it with veteran candidates who are going to roll up their sleeves and work hard with President Trump and his second term to move this country forward and we are very proud of what we come up with. Brian red, white and blue instead of red and blue. Some of the bigger names on the list not only you and Derrick Van Orden and navy seal and talked to him Burgess Owens as well. Thats a look at the battalion. Cat, you get the republican nomination into a vacant seat and the republican Third District. How valuable has the Guardian Fund been . Well, its been incredibly valuable. We are living in the ear wrath Nancy Pelosis squad and defund the police. And we need fighters who are willing to go to washington to defend the president , defend our Constitutional Republic but also stand up for our military and our first responders. As a wife of a first responder, and a civilian graduate of the naval war college, i could not be more engaged and involved in this fight. And the Guardian Fund is doing the work that has needed to be done for so long and recruiting these types of candidates. I think the 117th congress is going to have an exciting as they say battalion of new faces fighting the good fight. Brian not only this texas g. O. P. Where you are the chair. You are trying to keep that red there is a loft money flooding. In seems the money is mostly with the democrats. How can you overcome that . Well, we overcome that with quality. We overcome that with a stronger message as you just heard a great candidate in cat speak and also congressman banks speak. When you talk about the rule of law versus the rule of the mob were talking about people that have stood up and taken an oath to support and defend our constitution and not allow the chaos and violence that we see on our streets. These are people that you have depend depended upon to protect new their lives and they will continue to protect and serve you as members of the United States house of representatives. Brian congressman banks how hard is it being in the minority right now and what do you think of the plan that Kevin Mccarthy took back together to take back the house and retire nancy pelosi . Kevin mccarthy is the best republican leader that we have ever had. He is fighting so hard to win back the majority. President trump as well is doing everything that he can to retire nancy pelosi once and for all. Thats what we are focused on, being a minority is no fun. It means that we cant push forward the agenda that President Trump was elected to push forward. And were going to win back the majority in this coming election and were going to do it with veterans all over the country who are going to come to washington and fight for our Constitutional Values and fight with President Trump in his next term i will be proud to be art pa of that. Brian running with see congressman banks shortly. We forgot to pay the bill again. One of those invoices got lost in the mail. Caught, for you in particular in florida in this day and age, donald trump big crowd in central florida, whats it going to take to win the Third District . So in 2016, President Trump won our district by, i believe, 16 point the enthusiasm is bigger than it ever has been. The silent majority has only gotten bigger and more vocal. Not so silent anymore. Im predicting a big win for President Trump in 2020. People are sick and tired of the assault on our Constitutional Republic and our values, our military. Our first responders. And he will actually be coming to our district this friday so i expect a record breaking crowd for President Trump. I think he will win the state of florida and we are very proud to stand behind him. Brian all right. So congressman we really covered everything with you, colonel. We covered your military background. Florida where you used to reign and texas. So it was a trifecta. Thanks so much for joining us. Best of luck. We did talk to. Thanks so much, brian. Brian we did reach out to you contact your opponent. We have not heard back. Steve, did you check the voice mail. Steve nothing yet. Brian we will stay on top of that one said judge barretts will be dangerous for women. They are clock will be turned back to the time women had no time to control their own bodies. Brian he didnt memorize that i dont know if you could tell. Senator Marsha Blackburn is next. keeping your oysters growing while keeping your business growing has you swamped. you need to hire i need indeed indeed you do. The moment you sponsor a job on indeed you get a shortlist of quality candidates from a resume data base so you can start hiring right away. Claim your seventyfivedollar credit when you post your first job at indeed. Com promo joe biden was raised with middle class values. Joe doesnt need to be the center of attention. Or see himself on tv. He has always focused on getting the job done. Joe led us out of the 2008 recession, and increased Health Coverage for millions. As president , joe will focus on getting us out of our crises. Hell listen to experts, work across the aisle. And put the American People first. Ff pac is responsible for the content of this ad. It was the content of Justice Scalias reason to believing that shaped me his judicial philosophy was straightforward. A judge must apply the law as it is written not as she wishes it were. Sometimes that approach meant reaching results that he did not like. But as he put it, and one of his best known opinions that is what it means to say that we have a government of laws and not of men. Steve we had to wait for hours until she finally got the stage and then we heard it. The president s pick to fill the next vacancy on the Supreme Court Amy Coney Barrett. Lets bring in Marsha Blackburn member of the Senate Judiciary committee. She got to make a statement or two yesterday as well. Senator, good morning to you. Good morning. Good morning. You know, what we heard yesterday from both sides of the aisle was a lot of speech aphiing. From the democrats we heard pretty much in their voice they know they cant stop her. They know they dont have enough information. They cant derail her. They got to appeal to their base they are pulling out all the stops to do that really not about acb its about aca, the Affordable Care act. Thats exactly right. And they pentagon a good bit of their time yesterday talking about this. Because there is a case that will come before the court on november 10th. So they would lead up to it by saying that the nomination of and confirmation of judge barrett frightens people. It scares people. It terrifies people because they may lose their healthcare. The problem is people are not going to lose their healthcare preexisting condition coverage is not going to be taken away and they know that but, see, the thing is they are concerned that a constitutional court. A court where a majority are constitutionalists, textualists, originalists would block their plans to take away private healthcare, private Health Insurance from 178 million americans. It would block their plan for d. C. Statehood. It would block their plan for the Green New Deal. And repealing all the tax cuts. Upping the Corporate Tax rate. Thats what theyre concerned about. Ainsley senator we want you to react to this soundbite. Senator leahy a man saying that he is worried that this woman that judge Coney Barrett would be harmful to other women, listen to. This they are scared that the clock will be turned back to a time where women had no right to control their own bodies. And when it was acceptable to discriminate against women in the workplace. They are scared that your confirmation will result in the rolling back of voting rights, workers rights and the rights of the Lgbtq Community to equal treatment. These arent just thoughts. These are real life implications of decisions made by the court. Ainsley senator, she is working, such a big job. She has seven children. Finished first in her class at notre dame. What do you make of his commen comments. It was condescending. It was meant to diminish and belittle her. It was very paternalistic. It was disrespectful. And i think that senator leahy this is just not the truth. We are tall about an imminently qualified. Successful legal super star and ainsley, she has earned the right. She has earned the right to be where she is. But, as i said in my book, that is out right now. Its all about that bias and prejudice against women from the senator and the right. And they are just not going to stop. See, what theyre doing is projecting their fears and they are fearful prolife, profamily. Proreligion. Probusiness. Promilitary individual on the Supreme Court. Senator, go back to your earlier comments. If joe biden is to win the president and the goes to the democrats try to make d. C. A state. D. C. A state. They try to get rid of the Electoral College and filibuster. Are you saying that the minority would sue and would go up to the Supreme Court and thats where this whole thing would stop, including the Green New Deal . We dont know exactly where things would go, brian. But what we do know is that they do not want the court to tilt. See, the democrats want activist judges. What we want are text lists and constitutionalists as scalia said sometimes when you are a originalist sometimes it leads to you a conclusion do you not like because us are following the constitution and the law. But thats where their ruling has to be. Thats what you want. Somebody who calls balls and strikes. We do not want activists. We are the body to legislate. They are the body to apply the law. That is what the American People want to see in their court not a super legislative body that can deem something to be but they want a body that is going to call balls and strikes. And that is why they are so fearful of this confirmation for judge barrett and are going to do whatever to diminish her in the eyes of the American People. Steve ballgame starts in two hours from right now. Senator, thank you very much for joining us live from d. C. By the way, her book. Delighted to join you. Steve you bet. The new book the mind of a conservative woman is now out and available wherever you buy books. Ainsley the rest of the title, steve, its small. You cant read it there seeking the best for family and country. Beautiful title. Steve all right. It is 12 and a half minutes before the top of the hour and janice dean joins us. Janice, kind of soggy here in the new york city area but the rest of the country pretty dry. Janice you are absolutely right. Did you do weather at some point steve doocy . I think you did. All right. Hes right. We are going to get through this wet weather today across the northeast new england several inches of rain. Things start to clear out on wednesday. Much better forecast. Rest of the country pretty quiet as steve mentioned. We do have potential for showers and thunderstorms to move into the northwest, into the Northern Plains and we have got the snow in the higher elevations. Unfortunately that moisture is not getting into areas that we really need it across california and great basin where we unfortunately have wildfire danger again today. But the rest of the country is very quiet and pleasant on average. Temperatures are warmer than they typically are this time of year. So well enjoy it with mostly sunny skies here in new york city. Very warm across the southwest by the way with heat advisories for southern california. Good job, steve doocy. Back to you, steve, ainsley and brian. Steve i have got this thing called the fox news app. And there it is with the weather. Thanks j. D. Ainsley thank you, janice. We are a few hours away from the start of day two in confirmation hearing. Next guest has known judge barrett for more than a decade and says her character is a perfect fitted for the Supreme Court. Awww yeah, its footlong season™ time to get that subway contact free order with a tap. Pick up in a snap. Or get contactfree delivery. Either way its touchdown tasty, baby can i get one of those little jets . Subway. Eat fresh. Introducing the new sleep number 360 smart bed. Now temperature balancing, so you can sleep better together. Can it help keep me asleep . Absolutely, it intelligently senses your movements and automatically adjusts to keep you both effortlessly comfortable. Can it help with snoring . Ive never heard snoring. Exactly. No problem. And done. So you can really promise better sleep . Not promise. Prove. Save up to 1,000 on the new sleep number 360 smart bed and adjustable base. Plus, 0 interest for 24 months on all smart beds. Only for a limited time. When i write an opinion resolving the case i read every word from the perspective of the losing party. I ask myself how i would view the decision if one of my children was the party that i was ruling against. Even though i would not like the results, why understand that the decision was fairly reasoned and grounded in law . Ainsley judge Amy Coney Barrett making her case to confirm her nomination to the Supreme Court. And joining me how is someone who knows exactly the kind of standard she sets for herself. Kate kelly has known judge barrett for more than a decade and their families are great friends. Good morning to you, kate. Good morning, ainsley. Ainsley i read your oped its beautifully written. You have say my children call her mrs. Barrett. I call her amy. You carpool for sports and coordinate camps. You met her 11 years ago when your husband was recruited for the law school at notre dame to be part of the faculty. Tell us who she is as a person and mother. Sure. So that first day i met her really made clear to me the kind of perch amy is we were around many academics and as many academics do. People do people like to talk about themselves. But not amy. Amy sat down with me. She wanted to learn about me. She wanted to hear what i had to say. And that really struck me at that time and its only been amplified over the last decade of getting to know her. Ainsley whats your response to those who say she is going to be harmful to women, they worry about that . So i would say you cant possibly know amy barrett and make that accusation. She is a personal of incredible concern for everyone around her. And she will bring that same concern for me that first day to any case brought before her as she said in her speech yesterday. Ainsley you said in that article the first time you met her it was about you. She wanted to get to know you. Because some people we get caught up in talking about ourselves and you said she is not like that. Correct. And that was even emphasized again. My husband and i had the great for tunnel of actually being with amy and her husband jesse the last time a Supreme Court justice was named, Justice Kavanaugh and amy was one of the finalists we went to their house to be with them during that announcement, not knowing sort of what to expect. The mix of emotions. Maybe some disappointment. And what we found was the same old amy and jesse we loved. Gracious and totally concerned about other people. And it came clear to me when she turned to me in that time again very easily could have been selfabsorbed and thinking about herself she asked me about something going on in my life. My mother suffering from alzheimers. My father caring for her. Again that resonated with me in this moment she could have been, you know, pretty selfabsorbed but she was considering other people and what they were going on in their life and i think she is going to bring that same concern to the highest bench. Ainsley i dont know how she balances it all. Im sure just like in for most women we rely on our friends and other mothers to help us through all. So im glad you have each other there in indiana. Thank you so much for being with us. Thank you, ainsley. Ainsley you are welcome. God bless you. You too. Ainsley come up senators john kennedy tom cotton, Newt Gingrich, Charles Payne and Lawrence Jones oh, oh oh what a day to be burke nothing happened. Alive my husband and i have never eaten healthier. Shingles doesnt care. I logged 10,000 steps today. Shingles doesnt care. I get as much fresh air as possible. Good for you, but shingles doesnt care. Because 1 in 3 people will get shingles, you need protection. But no matter how healthy you feel, your immune system declines as you age, increasing your risk for getting shingles. So what can protect you . Shingrix protects. For the first time ever, you can protect yourself from shingles with a vaccine proven to be over 90 effective. Shingrix is a vaccine used to prevent shingles in adults 50 years and older. Shingrix does not protect everyone and is not for those with severe allergic reactions to its ingredients or to a previous dose. The most common side effects are pain, redness, and swelling at the injection site, muscle pain, tiredness, headache, shivering, fever, and upset stomach. Talk to your doctor or pharmacist about protecting yourself with shingrix. Shingles doesnt care. Shingrix protects. Through the walk of life, walgreens has always been there to help make life easier. And now were doing the same with medicare. So you can easily find the best, most affordable plan for you. Visit walgreens. Com medicare to get started. Walgreens. We make medicare easy. A judge must apply the law as it is written, not as she wishes it were. We are talking about imminently qualified, successful legal super star. Judge barrett will provide the deciding vote to overturn the aca. Your heck is on the line. Thats whats at stake. This is just fear mongering and bombastic. Every legal expert that i have spoken to say thats not whats actually on the chopping block. 22 days from now we are going to win four more years in the white house. We are going to make our country greater than it has ever been before. Joe biden wont let us know if he is going to pack the court. He says after the election he will let us know. Its disrespectful. What are we going to do go get a car loan and not know the Loan Interest rate and stuff like that and sign the paperwork after the fact . The president very energized after his rally in florida yesterday. Are you listening to me i said young man ainsley good morning to you. Its tuesday, 7 01 on the east coast. You saw the president dancing his first rally after being diagnosed with coronavirus. He was down there in sanford, florida dancing on the stage. Yesterday was day one of the confirmation hearings. We will run you through all the highlights from yesterday. Today there are 22 senators. Each senator gets 30 minutes to ask her questions. Thats 11 hours. Brian, what do you recommend she eats for breakfast this morning . Brian a lot of people do that starvation diet where you dont eat until noon. Steve dont start today. Brian do you know what i would have . I would have what i have every day a powdered instant breakfast. Steve sounds delicious. Brian something you add water to that would never appear in steves cookbook. Jason miller, who is running one of the, i guess, cochairman of the Trump Campaign said that the president looked at this list and said there is not enough rallies here. So he is booking two or three rallies a day going down the pike. They are going to sprint to the finish. Especially without a debate on wednesday. Ainsley thursday. Steve it does sound as if joe biden is doing his. Ainsley correcting brian. Steve joe biden is doing his town hall at bs a. Sounds like the president is going to do his own town hall some place else to be announced. Stay tuned. Brian maybe with ricki lake. Steve you never know. Probably not. Whats going to happen in the heart Office Building room 216 for that lets go to griff jenkins. He is live outside the white house with the highlights from day one. Hey, steve, ainsley and brian. I cant tell you what judge barrett is having for breakfast but i can tell you the folks inside the white house behind me are gearing up for a tough day of questions. But, first yesterday, that image, judge barrett sitting with her husband and seven children behind her as she appeals to senators some appearing virtually. Some in the room. Making the case that she would be fair, independent, in explaining the role of the judicial branch. Watch. Sports have a vital responsibility to the rule of law, which is critical to a free society. But courts are not designed to solve every problem or right every wrong in our public life policy decisions and value decisions of government must be made by the political branches, elected by and accountable to the people. Griff democrats in their Opening Statements unanimously slammed the nominee over healthcare, the election and her judicial principles. Im not signaturing you made some secret deal with President Trump. But i believe the reason you were chosen is precisely because your judicial philosophy. This shouldnt be Donald Trumps judge. It should be yours. Meanwhile republicans coming to judge barretts defense blasting democrats for opposing her nomination. They claim the fact that this nomination is occurring at all is illegitimate. It doesnt matter who judge barrett is. It doesnt matter what she has done. It doesnt matter her record. It doesnt matter. Its really quite simple what your opponents are doing. They are attacking you as a mom and a woman of faith because they cannot attack your qualifications. Griff now in just over two hours as you mentioned, ainsley. Its going to be the questioning the 22 members on the committee. 12 republicans, 10 democrats. You have 11 hours coming because they each get 30 minutes. However as some republicans suggested we could see delay or stall tactics from some democrats related to procedural things. We will have to see what that does. Ultimately, chairman Lindsey Graham hopes to get this finished by thursday and then by next thursday october 22nd have her voted approved through committee. Then it would ultimately be the following thursday on the 29 thereabouts that you would have a full Senate Confirmation vote all before the november 3rd election. So we think we know how this story ends but we have no idea whats coming today but we know its going to be fireworks indeed. Brian, ainsley, steve . Ainsley yes, it will. Thank you so much, griff. We had some of her friends on. We have them on for the last week and a half or two weeks. They all say the same thing that she is definitely qualified for this position. That she balances her work and raising seven kids, adopting two kids. The American Bar Association committee has said the substantial majority of them have rated judge barrett as wellqualified. Judge Coney Barrett. Kamala harris didnt go into the hearing. She blasted the hearing said they were reckless, deadly airborne virus even though she has attended other indoor events on the campaign trail. The democrats are saying they are fearful that she is going to take away their healthcare. She will be harmful to women. Chuck schumer says 71 of americans are against repealing roe v. Wade. They are scared she is going to get rid of labor jobs, brian, labor unions. Brian what i dont understand what is senator Kamala Harris doing . She doesnt do much campaigning and doesnt do many interviews and now not in person interviews. What does she do to keep her busy . Senator graham said it best i know the votes are going to come out barrett submit to your questions and yours. Lets make it respectful and make it challenging. Lets remember the world is watching. And they were watching yesterday, too. As they took amy barrett over healthcare. They actually brought easels and pictures, watch. Your nomination is about the republican goal of repealing the Affordable Care act. It will result in millions of people losing access to healthcare at the worst possible time. The republicans want to strike down a law that 23 trillion americans rely on. I23 million americans rely. Found judge barrett do what they couldnt do and overturn the aca. Take healthcare away from millions of people. We cant afford to go back to those days when americans could be denied coverage. Thats whats at stake for many of us for america with this nomination. Steve and you know what . We have had legal experts on who have said that that simply is not true because even if she were to, you know, if she were confirmed, she would not, from what she has said in the past, would not do what they are suggesting where they would get rid of that the whole question is when you remove the individual mandate, what happens to the balance of the law . Thats what they are trying to decide. Meanwhile dr. Nicole saphier said look, what she has heard from the democrats is just scare tactic. Watch. Lets take the legal aspect out of it and lets just look at the healthcare part. The Affordable Care act in itself is not mirrored or married to the whole preexisting conditioned and everything else. Yet, it is a concept. Its about making sure that healthcare is affordable and accessible. That does not necessarily equate to the Affordable Care act. But it doesnt actually seem the whole Affordable Care act is on the chopping block this is fear mongering and bombastic because healthcare is emotional for everyone. Its always going to be on the ballot. Ainsley all right. Lets bring in Lawrence Jones a fox news analyst and host of one nation on fox nation. Good morning, lawrence. Good morning, family. Ainsley do you agree with dr. Saphier mere mongering . The reason why this is not every election. The reason why this is at the top of the list is we are in the middle of a pandemic and healthcare is on the top of everyones minds. I think the democrats made a calculated effort to say look, we are not going to focus on her judicial philosophy. Were going to focus on what matters to americans at this moment and dr. Nicole saphier is right that there was some fear mongering in that i would have liked to see them pick apart and see if they could test her judicial philosophy again this is in the middle of the election. Top issue people are afraid in this pandemic. They made a calculated effort to see if they could pick that apart to see if it could impact voters and remember, we are talking about the senate right now. They are trying to overturn the senate so it could be the democrats could get back control. And so i think it was a control to put pressure on those republicans strong hold to see if they could win back some seats. Brian tougher race than he thought. Hey, you legislators do your job. Why do we have to referee all these decisions you put news impossible places because the justice should be out there doing laws. They shouldnt be referring between republicans and democrats because nobody compromises on anything. Now yesterday i saw the expense report. You were out on the street talking to people what were your topics who did you get . The thing on touch everyones minds is Court Packing do they deserve an answer from joe biden if they plans on packing the court. Joe biden first said he didnt believe the people deserves an answer on that. I talked to the folks. Take a look. Joe biden says that he is not going to let people know if he is going to pack the court until after the election. Do voters deserve to know if hes going to pack the court now before they vote . Yes, they do need he needs to put out his list and if he is going to yea or nay pack the court. Him not answering clearly says thats the decision hes going with is to pack the court. Its completely disrespectful to the voters. His nonanswer is an answer. He will pack the court. Nobody even knows what the guy stands for. Why cant he answer it . Thats the question. If he is running for president , have you got to be straight up like President Trump. Are you shocked by the amount of people out here waiting to get into the rally . Not really surprised. Not surprised at all. Look around florida for two seconds you will realize its a red state. Trump is going to win. Florida is a swing state, the president won it the last time will he win it this time. Absolutely. Go trump so, guys, its one thing to criticize the president for the positions that he is taking i think thats fair game. But shouldnt would he be critical of a candidate that fails to give his position on anything . And i think right now i think thats why we dont have independent voters right now. I keep hearing people talk about independent voters. But as someone who travels around the country, i think people either say a, im voting for trump, b, im voting for biden on or about im just not going to show up and vote at all. I think we have a clear understanding of where candidates lie and i think with joe biden its one of those things he wants to flip flop on issues number two, i think he is having a hard time leaving the progressives and moderates. Thats the reason why he refuses to take a stance on this issue. He says i dont like Court Packing. He didnt say he wasnt going to pack the court. If i was joe biden and i was this progressive. All he has to say is im going to pick this progressive judge that is in the mainstream. Donald trump did the same thing when it came to a conservative. He said he wanted a conservative justice that was going to apply the law as its written. What is your position, joe biden . Thats the question8 would ask if i had the opportunity. Steve everybody is asking we pack the court where you expand the number of justices currently at 9, they would add 1, 2, 3, 4, 5. Who knows how many. Said last week the public does not deserve to know until after the election. He has been stonewalling to your point, lawrence, because if he says im not going to pack the court, thats going to anger the progressives. If he says he, you know, if he takes a stand. He is going toeing aer part of the democratic party. He needs irving to show up three weeks from today yesterday, he scengtsly tipped his hand here he is with wkrc in cincinnati. Court packing is going on now. Never before when an election has already begun and millions of votes already cast has it ever been that a Supreme Court nominee was put forward. Im not a fan of Court Packing but i dont want to get off on that whole issue. I want to keep focus you had. The president would love Nothing Better than to fight about whether or not i would, in fact, pack the court or not pack the court, et cetera. The focus is why is he doing what hes doing now . Thats the Court Packing the public should be focused on. Steve that isnt Court Packing. That is actually filling vacancies. Lawrence, he said not a fan of packing the court. So, if you are a progressive who didnt really like joe biden any way, you are in the Bernie Sanders wing. And you hear hes not going to pack the court or hes not a fan of it, does that change your calculation about whether you get up and go vote on tuesday, november 3rd . Well, it just shows from a progressive standpoint that he is weak when it comes to standing for the causes. And i think thats why a lot of the Bernie Sanders camp is frustrated. I cant just skip over this whole Court Packing argument. What people talk about where joe biden is as far as understanding the issues and did he lose a step. Back in 2005, he talked about what Court Packing was. He had a clear understanding of. That now is he pretending or he doesnt remember what Court Packing is. And then they make this argument is that its unconstitutional as well as. Clearly we know even jake tapper on cnn has acknowledged that the president has a right to choose his nominee. The senate can advise and consent. But there is nothing unconstitutional about it. And so,you know, im really struck by the biden camp. What is the strategy Going Forward . Take a position. Stick with the position. Give the voters a choice. This is why Bernie Sanders, in my opinion, should have been the nominee. Because at least he lets voters know where he stands on the issue. Just like donald trump. Love him or hate him. Bernie sanders, love him or hate him. At least they put out where they stand on the issues and give voters a choice. Ainsley lawrence you are made some good points. Thank you so much for being here. Thanks, guys. Steve we know where lawrence the standards on things. Ainsley and where is he going today. Im sure is he going to the next rally. Coming up next judge Amy Coney Barrett set to senators second this morning. Next guest says its time we do away with confirmation hearings all together. Election. fisherman vo how do i register to vote . Hmm . Hmm . Hmm . woman on porch vo can we vote by mail here . grandma vo youll be safe, right . daughter vo yes four girls vo the polls voted grandma vo go out and vote its so important man at poll vo woo grandma vo its the most important thing you can do before discovering nexium 24hr to treat her frequent heartburn, marie could only imagine enjoying freshly squeezed orange juice. Now no fruit is forbidden. Nexium 24hr stops acid before it starts for allday, allnight protection. Can you imagine 24 hours without heartburn . Introducing the new sleep number 360 smart bed. For allday, allnight protection. Now temperature balancing, so you can sleep better together. Can it help keep me asleep . Absolutely, it intelligently senses your movements and automatically adjusts to keep you both effortlessly comfortable. Can it help with snoring . Ive never heard snoring. Exactly. No problem. And done. So you can really promise better sleep . Not promise. Prove. Save up to 1,000 on the new sleep number 360 smart bed and adjustable base. Plus, 0 interest for 24 months on all smart beds. Only for a limited time. Ainsley the second day the confirmation hearings for judge Amy Coney Barrett set to kick off just a few hours from now on capitol hill. Actually, look at the bottom of your screen one hour and 39 minutes. Our next guest argues in a new oped that we should end the confirmation hearings for Supreme Court nominees all together because they are so contentious they actually harm the Supreme Court. Here to explain director of the robert e. Levy center for studies at the Cato Institute and the author of supreme disorder judicial nominations and politics of the nations highest court mr. Sha shapiro. Good to be with you ainsley. Ainsley why should we get rid of these nomination hearings. They have served their purpose. No legal requirement to have these kinds of hearings. Initially they were interesting and you could learn something about the law or the nominee. Ever since the late Justice Ginsburg playbook of talking a lot and dont say anything you dont learn anything about the nominee. You dont learn anything about the law. The senators from both parties grand stand and make their points in a at best kabuki theater and worse harms our public discourse. Ainsley how does it hurt the Supreme Court. As we saw in the set pieces yesterday in the first day of the Amy Coney Barrett hearings, the democrats put up these big pictures of these smiling kids that would be harmed if supposedly if judge barrett became justice barrett. Its grand standing. Its making policy arguments. Its not learning anything about the law. Its continuing purely the political president ial campaign using judge barrett as a token to make their points. We dont learn anything about how the constitution should be interpreted. Thats not whats really being debated. And, you know, just like we didnt have hearings for the first 150 years of our history people nominees didnt testify at their own hearings regularly until the 1950s. At this point, you could still have the closed hearings as they do to debate the fbi background checks and other sensitive information, but these kind of public focused set pieces, i dont think anyone thinks better of the Supreme Court for having watched. This. Ainsley you know when im watching this and see how political it is, is it is such a sacred body of government and keeping it sacred and keeping it nonpolitical is such a beautiful thing, especially right now when our country is so divided. When you watch these hearings, how do you feel now about the direction of you who we are making this so political. Well, lets be clear. The process of nominating and confirming justices has been political from the very beginning. George washington had a nominee rejected for example. It ebbs and flows, depending on what the situation is in our country it. Doesnt mean the court is political or the justices are but the process has been. That doesnt mean that we need to insert the nominees and have them run this hollywood style gawntslet in order to enter a monastery in effect to be on the court. Swlaw is a combination of several trends diver jest interpretive map on to when parties are ideologically sorted more than at least since the civil war. Creating this madefortv spectacle, i dont think its good. Even though the process is political. Senators are going to make their votes for political reasons, thats fine. We have to be realistic about that. But having these spectacles, i dont think that does our political debate any justifiable. Ainsley all right. Thank you so much for joining us. Thank you. Ainsley you are welcome. Coming up new yorks Governor Andrew Cuomo has a new book about how he took charge during the pandemic. Both of janice deans inlaws died from covid19 in state Nursing Homes. She says the governor is profiting off of death and she joins us next. When joe biden wants an update on the virus, he calls on the nations top health experts. Working together, for all americans, is what joe does. When writing his healthcare plan, joe biden worked with both doctors and patients to make healthcare affordable by lowering premiums, reducing drug costs, and protecting people with preexisting conditions. Joe listened to both Small Business owners and workers to create his economic plan that cuts taxes for middle class families, creates 18 million new jobs in his first term, and raises wages by as much as 15,000 a year. Joe bidens plans will help working families immediately by making the super rich finally pay their fair share. For joe, its never been about ego. Its always been about the work he can do for working families. Its what hes always done. Joe biden brings everyone to the table and gets it done. Im joe biden, and i approve this message. Jillian good morning, we are back with quick headlines now. We begin with a fox news alert. Overnight johnson and johnson hits the pause button on phase 3 covid19 vaccine trials. A volunteers unexplained illness is being evaluated dr. Nic core sapphire joined us earlier and said the patient may not have taken the drug. Listen to this. A pause is different than a hold. A pause is done by the studys sponsor so johnson and johnson as opposed to a hold which would be done by the fda. We dont even know at this point if the person who is having the serious event got the vaccine or actually got a placebo. Last month astrazeneca paused vaccine trial for similar reasons. Today five of the men arrested for plot to kidnap Gretchen Whitmer will stay in court. The judge will decide whether the men need to stay behind bars until their trial. Capture the governor and storm the State Capitol to quote start a civil war. They could face life in prison if convicted. And a United Airlines flight makes an Emergency Landing after a hailstorm nearly shatters the windshield. Look at this. The d. C. Bound flight abruptly turned around over Lake Michigan and returned to chicago wants Ohare International airport. The jet landed safely and passengers were put on a new plane. Steve. Steve hard to see where you are flying. Thank you very much, jillian. Andrew cuomo out with a book today detailing how he took charge in new york state covid19 battle. But cuomo who he has yet to address the thousand of nursing home deaths on his watch during the crisis. He was a question he dodged during a recent interview. Watch. This your what have you learned as you wrote about in the book that you could apply. Frawmple, it was a mistake to send those covid positive patients back into Nursing Homes . Yeah, heres the first lesson for this nation, wily. How did you not know the virus was coming to the United States . Steve our own janice dean who lost both her inlaws to the virus is one of the many still waiting for answers from the governor. She joins us right now. Janice, good morning to you. Good morning, steve. Steve lets start at the most painful part. What happened to your inlaws . Well, my fatherinlaw micky died in a nursing home. He was getting rehab so he could join his life bee in her assisted living facility close to her home. They both needed care 24 hours. Thats why we had to make that decision to have them in assisted living facility. His dad died of covid in late march. And his mom died two weeks later but her number is not counted because she died in the hospital even though she got covid in her assisted living facility. Steve right. Here in new york state, famously, the governor said that it was okay to send Covid Patients back into Nursing Homes. And you and many others feel that that is a contributing factor to the death of so many people in the assisted living and the elder care homes, right . Of course. The governor knew this in the beginning. He was quoted as the saying it was like fire through dry graduates to put Covid Patients into Nursing Homes but did he it for 46 days. His name is on that order. By the way, you cannot find that order on the Health Department website because its been scrubbed. And we still dont have the total number of patients that died from covid that were in Nursing Homes. And now with his book tour, i mean, i dont know any governor in the middle of a pandemic that should release a book. Especially this one. I have to tell you it just makes our grief worse to see him promoting a book like this and dodging the questions when hes being asked. Steve right. We have not seen the book yet it. Comes out today. We dont know whether or not he does address it. But, nonetheless, people like you have been asking the question. You and others have called for an investigation and nobody has gotten anywhere. No. Unfortunately not. And if he is not guilty, why we encourage a bipartisan investigation into what happened in the Nursing Homes . I continue to try to spread the message and speak for those who dont have voices and i will continue to do so. Im going to albany tomorrow, steve, to speak on behalf of all the people that have loved ones in Nursing Homes and they havent seen them for seven months because of the governors restrictions. Steve the name of his book is american crisis leadership lessons from the covid pandemic. First of all it sounds like the pandemic is over if you are talking about the lessons learned. Nonetheless, you would think if you were talking about the lessons learned, you would address that big issue about how tens of thousands of people died in new york state. I also blame the media because the interviews he has done aside from willie geist yesterday on nbc. He did an interview on cbs sunday morning and they never even asked him about the Nursing Homes. Its also the fault of the Mainstream Media who wont ask him the questions and get the tough answers. Steve i will tell you what, we would like continue to variety him on our show if he would like to come on. Governor, we have lots of questions and janice will join us because nobody is more of an expert on this than you. J. D. , thank you very much. Thank you, steve. Steve all right. And good luck. All right. It is 26 minutes now before the top of the hour. Senate republicans slamming attacks on judge barrett wants catholic faith. After another many of them echoed by members of this committee. This committee isnt in the business of deciding whether the dogma lives too loudly within someone. Steve that was yesterday. Today we have got Newt Gingrich with reaction and he is next. coughing hi susan honey . Yeah . I respect that. But that cough looks pretty bad. Try this new robitussin honey severe. The real honey you love. Plus, the powerful cough relief you need. Mind if i root through your trash . New robitussin honey severe. Strong relief for your severe symptoms. Noticks and fleas . O relief simplifies protection. See ya heartworm disease . No way simparica trio is the first chewable that delivers all this protection. And simparica trio is demonstrated safe for puppies. Its simple go with simparica trio. This drug class has been associated with neurologic adverse reactions, including seizures; use with caution in dogs with a history of these disorders. Protect him with all your heart. Simparica trio. We have got to read a lot about you in the press. And in particular about your religious beliefs. One hit piece after another. Many of them echoed by members of this committee. Its an attempt to bring back an old standard. The constitution of the United States explicitly forbids. Im talking about a religious test for office. This committee isnt in the business of deciding whether the dogma lives too loudly within someone. This committee isnt in the business of deciding which religious beliefs are good and which religious beliefs are bad. There are places where this committee has acted like its the job of the committee to delve into peoples religious community. Thats nuts. Brian lets bring in Newt Gingrich to weigh in on this Fox News Contributor former speaker of the house and author of trump and the american future. Right now trumps future could be three Supreme Court justices under his first four years in office. So, speaker, what do you expect . We saw yesterday them talking past the judge barrett. Yet today, what do you expect as they get 20 minutes with her oneonone . I thought ted cruz captured perfectly what was going on when he said the reason none of the democrats are focused on judge barrett is they dont have anything that is useful that they can say. And so they were attacking trump. They were worried about the obamacare and worried about abortion if you look at what they did to other conservative nominees, it is astonishing how little they went after her person very attractive a woman who has really achieved almost a miracle. Seven children you know, Appeals Court judge i dont think the democrats. One of us really nasty. You heard yourself. I think its doubly true if you are really nasty to a woman and i think that, you know, the party that talks about man splaining its a little hard to imagine how they are going to go and take on Amy Coney Barrett and so my guess is its going to be dignified. Its going to be sort of an intellectual level whats your theory of this or that . How do you react to when the Justice Ginsburg said x or Justice Scalia said y. I dont think any of them want to get in a head on fight with her. Also the fact, i think, that she is probably smarter than any of them. You look at her track record and thats the point that ted cruz made. None of us graduated first. I think if she has, to she will more than hold her own. Steve all right. Lets talk a little bit about the 2020 race. I know in your home state of georgia they had record turnout on the first day of in person voting. We will talk about that n. A moment. First, joe biden who would like to be president has dodged the question of whether or not he would pack the court. Over the weekend he said you know the American Public does not deserve an answer until after the elections. Yesterday he told a local reporter in cincinnati this, newt. Listen. Exapg is goin exapg is goingn now. Has it ever been Supreme Court nominee Going Forward. Im not fasten Court Packing. I dont want to get off on that whole issue. I want to keep focused. The president would love Nothing Better than to fight about whether or not i would in fact pack the court or not pack the court, et cetera. Why is he doing what he is doing now . Thats the Court Packing the public should be focused on. Steve he redefines Court Packing. Thats not whats happened. He is simply filling spots that are open. He says not a fan of Court Packing but i have got to focus. Did he reveal his game plan . No, look. Firm, i was briefly reassured this week when he said he was running for the senate. I really felt like maybe he found the right slot. Brian he said he didnt say that. He may realize he cant be commanderinchief. I think Kamala Harris will dominate that administration from day one. But, having said that, no i will up oppose packing the court. No, he cant say that his left will go crazy because they want to pack the court. On the other hand, he knows over two thirds of the American People oppose packing the court. So what he did yesterday, which is pretty good politics showed just a little bit of leg to the middle. Oh, gee, i really dont like the idea. Now get some angry phone calls, hey, i didnt roll it out. If we have to, we will deal with it. So is he trying to walk down both sides of the road just as he does on fracking where really funny videos that show him im for banning fracking. I guarantee you i will never ban fracking. Im for eliminating all fossil fuels. I really love pennsylvania. I mean, if you watch this stuff, if it wasnt for videotape, you wouldnt realize how profoundly dishonest joe biden is but he is that profoundly dishonest. What do you think about the turnout yesterday in georgia. They were able to vote. People waited some people waited six hours or more in cobb county in line to go and vote. Brian wow. Ainsley look at that video. I have a friend who says he spent 11 hours. 1,000 people in line. At one point the county government got so scared of just the people being unhappy that they bought them all pizza. They said here we are in the middle of all the warnings about covid. Nobody has a mask on. Nobody is social distancing, everybody eating with their hands. And he said it was crazy. So, but i do think big pent up desire to vote but the democrats and republicans although organized differently, both of them have a very substantial turnout the vote effort. I think this may well be the largest election turnout in American History by the time it gets done. And you see that with the early requests. Certainly in georgia yesterday. They had 100 vans that the democrats had paid for that were taking people to the polls. Brian speaker gingrich, one of the commentators, i think it was senator mccass skill who lost her job. She said this is voter suppression. Those long lines are an example of voter suppression. Well, the fact that they have the long line over three weeks before the election, strikes me as not very suppressed. Brian i agree. You are a modern democrat. You are trained to say certain key words over and over again. You know, the republicans are racist. Xenophobic, misogynist antifemale. Whatever the list is you get trained from childhood. You know republicans suppress votes and therefore they dont want to allow for example Illegal Immigrants to vote. They dont want people to vote if you dont know who they are. All that translates to democrats into voter suppression. Its a set of code cords woe thardz they train their people into and they do a pretty good job. If you watched yesterday almost every democrat had exactly the same script. This is really about the Affordable Care act, this is a first for my state who has a terrible story to tell and i really feel terrible about that. They are trying to set up the emotion of im trying to defend people back home and here is this nominee by the republicans if they could get away with it. They would never mention her name. Shield just be sort of the trump nominee. But, of course they do mention her name and thats why i suspect they are losing ground every day. Speaker gingrich thanks so much. Good to be with you. Brian straight ahead. Steve protesters tearing down statues of Teddy Roosevelt and more important than ever to preserve our history and you will hear him say that coming up next. Jillian quick headlines. Chicago is seeing highest murder rate in four years. Nearly 600 people have been killed so far this year. The previous record was 565 murders, 2016. That rate was decreasing until this year. Over the weekend at least four people were killed and nearly 50 injured in several shootings. And how about this story . A brave 5yearold boy comes to his mothers rescue trying to fight off armed intruders. Look at this one believable Surveillance Video showing the moments the gunman broke into the home and fired shots. Little david jumped right into action. He was trying to hit guys. Hit them. I throw my car at them. Indiana police are still looking for those men but what a hero. 5yearold hero, brian. Brian great kid. Statues of Abraham Lincoln and roosevelt toppled Indigenous People day of rage instead of columbus day i guess. Our next guest stresses the importance of preserving history. Meltzer new book out today i am Benjamin Franklin and i am anne frank. What about this scene again . We had a brief pause with people taking down statues of great americans but now they are targeting lincoln and Teddy Roosevelt. What did they do to deserve this fate . Listen, you know my love of history. Thats why i write these books for kids. You dont tear down Abraham Lincoln, right or Teddy Roosevelt. My two books were about Abraham Lincoln and Teddy Roosevelt. What we need to do is preserve history for our kids. Thats where these books come from we have to start them young. I started writing these books because i wanted to give my kids better heros who look up to heroes of compassion and kindness. The thing we need right now. The most important thing we see is character. Losing that in the country. Thats the battle we need to be fighting not tearing down Abraham Lincoln. Brian what are you learning in schools if these are indeed americans and i believe they are but their faces are covered that makes you think lincoln and roosevelt are the problem . You are not learning history. I can tell you that and lets start with the person we are speaking about. The new book is i am anne frank. As i said, look where we are right now in the news. We have antisemitic incidence at 40 year high. Millennials barely know the details about the holocaust and our kids need hope right now. The best way to teach that is teach them anne frank. The story of the little girl who hid in her attic to hide away from the nazis and still believed that people were good at heart. I need my kids to know that even in darkness you can find light. Thats what hope is. Its a fire that burns within you. When you put it on, nothing puts it out. Thats what this kids book i am anne frank is about. Teach your kids hope right now not hate. Brian Benjamin Franklin whose statues were defiled two months ago he is actually one of the first abolitionists. Thats exactly right. What i love about we take so much time saying this one is bad this one is good. Ben franklin did observe slaves like many founders did. He also spent the last years of his life as a president of a society that was against slavery. So is he good . Is he bad . Of course i think hes good. Or is he just complicated like the rest of us and thats what we need to teach our kids. Ben franklin we all know his experiments with electricity. But you know what his greatest experiment was, brian . It was on himself. He was always trying to improve himself. He used to write down a list of ways to do it. He said first be frugal. Two, tell the truth. Three is work hard. And four dont speak badly about other people. Again, look at the world right now. We all need that lesson. I want my sons to know and i want my daughter to know that the way you change the world is you dont point fingers. You start with yourself. Brian right. Also, its too bad we need your books now to counter what a lot of these kids are learning in schools and get to them young so they can put up their hand and say thats not the George Washington i know. Thats exactly right. We use it with a metaphor in the book. One of my favorite stories i am anne frank when anne frank was trapped in her attic she had this little window and look out at chestnut tree. Only view. Imagine people in lockdown. Her only view was this tree she watched in the winter lose its leaves and in the fall and obviously in the spring it would come back. And what eventually happens in 2010 the tree gets knocked down but they plant the seedlings all across the world and now there are anne frank trees growing all over the world thats a lesson for our kids. Brian brad, we have got to go. Check out brads two series on fox nation, the secret to George Washington and the secrets of Abraham Lincoln. Thats also another reason to get the app. Brad, thanks so much. Thanks so much. Brian live look inside the hearing room where judge Amy Coney Barrett will face questions from senators from this morning. A live report shortly. Less oral steroids. Taking my treatment at home. Nucala is a oncemonthly addon injection for severe eosinophilic asthma. Not for sudden breathing problems. Allergic reactions can occur. Get help right away for swelling of face, mouth, tongue, or trouble breathing. Infections that can cause shingles have occurred. Dont stop steroids unless told by your doctor. Tell your doctor if you have a parasitic infection. May cause headache, injection site reactions, back pain, and fatigue. Ask your doctor about nucala at home. Find your nunormal with nucala. Joe biden was raised with middle class values. Joe doesnt need to be the center of attention. Or see himself on tv. He has always focused on getting the job done. Joe led us out of the 2008 recession, and increased Health Coverage for millions. As president , joe will focus on getting us out of our crises. Hell listen to experts, work across the aisle. And put the American People first. Ff pac is responsible for the content of this ad. Introducing the new sleep number 360 smart bed. Now temperature balancing, so you can sleep better together. Can it help keep me asleep . Absolutely, it intelligently senses your movements and automatically adjusts to keep you both effortlessly comfortable. Can it help with snoring . Ive never heard snoring. Exactly. No problem. And done. So you can really promise better sleep . Not promise. Prove. Save up to 1,000 on the new sleep number 360 smart bed and adjustable base. Plus, 0 interest for 24 months on all smart beds. Only for a limited time. Americans of all backgrounds deserve an independent Supreme Court. She is a person of incredible concern for everyone around her, and she will bring that to any case that would be before her. Today each senator gets 30 minutes to ask her questions, thats 11 hours. At worst, its kabooky theater. I dont always play by the rules of washington establishment. Just because i was elected to fight for you, and i fight harder than anybody has ever fought for her. Im not a fan of Court Packing. I dont want to get off on that whole issue. If it wasnt for videotape, you wouldnt realize how profoundly dishonest joe biden is. Off the uprights and no good steve well, the song seems appropriate as you look in at the hart meeting room 216. Theyre not going to be working 9 to 5, but they will start at 9, but who knows how long. It actually sounds like there could be 11 hours of testimony because each one of the senators who it gets one of those big leather chairs gets a half an hour, although not everybodys there in the room. Some people worry ant covid, so about covid, so they are piping themselves in via the interweb. Ainsley thats right. Its 11 hours, the chances of that could be slim when you factor in different interruptions and different breaks steve so it could be 9 to 5 a. M. [laughter] ainsley im sure theyre hoping not. We hope shes got a really good breakfast, because shes got a long day ahead. Policy decisions are made by the political branches, not the courts. She praised Justice Scalia yesterday, she said like him, she will be a fearless leader, fearless of criticism, and the Supreme Court should interpret laws as they are written, brian. Brian right. And i think its also important that most of the things that are going to be explosive with justices thomas and kavanaugh, have been which makes me wonder if something goes smooth today, dont think shes out of the woods. Griff jenkins has the highlights from day one of the hearings and what we can expect today. Reporter hey, brian, ainsley and steve, good morning to you. Who knows what judge barrett had for breakfast, like any other day, she probably ran out of the house without eating herself, and thats significant. The image we on day one of her sitting there, judge barrett, with her husband and seven children behind her, because if confirmed, she will be the first mother to serve on the bench with schoolaged children. She invoked them yesterday, and she talked to the senators about how she would be fair to all. Watch. I believe americans of all backgrounds deserve an independent Supreme Court that interprets our constitution and laws as they are written. And i believe i can serve my country by playing that role. Reporter democrats in their Opening Statements led by Ranking Member Dianne Feinstein wasted no time casting her as a serious threat to Affordable Care act. They are asking the Supreme Court the strike down the Affordable Care act. This, i believe, will cause tremendous harm. Its unimaginable that in the midst of a pandemic the republicans want to strike down a law that 23 million americans rely on. Reporter but republicans were quick to come to judge barretts defense, blasting democrats for opposing her nomination. They claim the fact that this nomination is occurring at all is illegitimate. Doesnt matter who judge barrett is, doesnt matter what shes done, doesnt matter her record, doesnt matter. Its really quite simple what your opponents are doing, they are attacking you as a mom and a woman of faith because they cannot attack your qualifications. Reporter brian, expect democrats to go after, obviously, obamacare. It was mentioned 140 times yesterday. The questioning will be tougher. And also look for democrats to renew their calls for her to recuse herself from, among other things, any 2020 election case that may arise. Just in the last half hour, the white house responding to a question from me. The Deputy Press Secretary is said this about todays questioning, saying pledging a decision on a particular matter that may come before the court including the decision of whether to hear a case or not for political reasons as democrats are asking judge barrett to do would violate the bedrock constitutional principle of judicial independence. So we shall see what the line of questioning will come. It will be her record, it will be obamacare and perhaps asking her to pledge one thing or another. But the white house, certainly, is ready for it. Shes been prepared, and were going to get a lot of questions today, tomorrow. And as you mentioned, ainsley, it could bleed into next week. We just have to wait and see. The white house believes they have the necessary 50 votes to get a confirmation through. Guys . Steve griff, thank you very much. Lets bring in somebody we saw there yesterday in the Senate Judiciary room, the Louisiana Republican senator, john kennedy, member of that committee. Senator, good morning to you. Good morning. Steve okay. So, first of all, hope you had a big cup of coffee because could be at least 11 hours today. Good luck to you. Lindsey graham has got a schedule. You know, he would like to get this out of committee as soon as possible. But youve got to figure the democrats are going to throw every roadblock procedurally in your way. What sort of tricks could they possibly have up their sleeve . Good question. I, i watched my democratic colleagues very carefully yesterday. You know that feeling you get when you wake up in the morning and youve got to go to the bathroom, but you just dont want to get out of bed . Thats kind e of where the democrats are. Theyre very uncertain right now. On the one hand, they dont want to turn this hearing into another freak show. They dont want to make it circus freak crazy because that repulsed the American People last time. On the other hand, a big part of their base is the left of lenin, bernie bro, i deserve, you owe me, burn it all crank wing. And they want blood. And so itll be very interesting to see what my democratic colleagues do today. The other point id make is shes very hard to i attack. I mean, shes a very good candidate, and shes just going to be very hard to attack. Theyre going to try, and i know well talk about this. The centerpiece of their attack is going to be Affordable Care, but so far you ever seen one of those, those highpowered manure guns that shoots the manure out onto the crop on the farmland . Thats what its been like so far. I dont think they laid a glove on her. Ainsley we had one guest said we shouldnt have these confirmation hearings. This is what one of your colleagues said yesterday during the hearing. Watch this. Donald trump and Senate Republicans know that the American People dont want this, so they have to act now. They dont trust the American People. It must seem outrageous that donald trump and Senate Republicans are determined to take away their health care. President trump is attempting to roll back americas right. Your participation in any case involving Donald Trumps election would immediately do explosive, enduring harm. Potentially very harmful consequences with regards to the election, the Affordable Care act and longsettled rights. This isnt Donald Trumps country. It is yours. This shouldnt be Donald Trumps judge. It should be yours. Ainsley senator, what can we expect today . Well, yesterday my democratic colleagues, youll not be surprised to learn, made a number of evidencefree accusations. Theyre coordinated. Theyre very wellversed in the stuff they make up, and they made up a lot yesterday. To hear em yesterday, judge barrett is on a mission from god to singlehandedly deny Health Insurance to all americans. And thats preposterous. And, you know, put down the bong. Americans dont believe that. My colleagues think americans are morons. I think most americans see right through this. What they see is a very accomplished jurists, and thats why jurist, and thats why my democratic friends are doing all of this. They cant attack her on her qualifications. Brian so theyre going to bring this up over and over again, will you recause yourself if this recuse yourself if this election is thrown to the Supreme Court, and number two, will you recause yourself when this Supreme Court decision comes your way when it comes to severability and obamacare. And she will say shell say the short answer is no, the long answer is hell no. [laughter] brian okay. What do you expect to go at in terms of your line of questioning, what questions do you want to ask her . Im going to talk about her judicial philosophy and the changing role of the federal judiciary and the american system of government. Im going to make sure that she understands that judges arent supposed to rewrite the constitution every other thursday to advance some social agenda that the voters wont accept. Steve you know, we know whats going to happen today. When a republican is speaking, its going to be positive about the judge, and, you know, her attributes and why she should be confirmed. And then the democrats are going to, you know, as you said, talk about donald trump, the Affordable Care act, history and things like that. Isnt that just the best card theyve got . Because they cant derail this thing. Well, let me say first we need to have these hearings. This is important. This job is one of the most powerful unelected positions in the western world. And our job, my job is to make sure the president hasnt made a mistake. And so i think its perfectly appropriate that we test the nominees intellect and character and judgment and judicial philosophy. Now, having said that, i know an accomplished jurist when i see one, and shes pretty good, and i think shell be able to handle it. But what youre going to see i dont know what extent theyll go, im not saying theyll turn it into another freak show, but they cant hit her much on her qualifications, so theyve got to hit her on tangential issues. I mean, one professor i think out of boston has already said shes a racist for adopting two children of color. I mean, im going to say it again, put down the bong, man, if thats the best youve got. Ainsley do you think they should be behind closed doors though so its not the circus and people saying things just because they know theyre on television of . No, no. The American People need to see this. A nominee, unelected, serving for life brian right. Allpowerful needs to stand up in front of god and country and the American People and answer tough questions. But they ought to be questions that are fair, not a bunch of rub youbish. Brian i think senator schumer kind of let us know yesterday or it might have been sunday, i forgot which day, when he said we have no plans to give them a quorum in committee, no plans to give them a quorum when the vote goes to the house floor, and, of course, that just means you need two democrats to be there. I dont care how they vote, itll probably be no, but they wont show up. If they dy dont show up, then youve got to pass a measure to create to have a vote without them, creating more of a draw. How plausible is that . Well, i saw chucks comments. Youve got to understand where senator schumer is right now. Right now hes like a teenager, hes mad at everybody. I dont know if hell carry through on the threat, but if my democratic colleagues try to treat the Committee Rules in a perverse way, we will respond. And i believe this nominee will make it to the senate floor, well have an up or down vote before the election, and the American People can decide whether we did the right thing or not. I trust them. Steve all right. Its going to be a big day. Senator john kennedy from the great a pause is different than a hold. A pause is done by the study sponsor for johnson johnson. We dont know if the person got a vaccine or a placebo. Reporter the department telling officers to be ready for deployment on the 25th. A draft memo obtained by the new post says in part, quote this november 3rd will be one of the most highly contested president ial election in the modern era. We should anticipate protests growing in size, frequency and intensity leading up to the election and likely into the year 2021. Overnight an Appeals Court upholds Texas Governor greg abbotts restrictions on ballot boxes. The judges ruling only one box per county is justified given the concern of voter fraud. The governor responding on twitter saying in part, quote critics were clearly clueless about the legality of my action and judicial opinion. On twitter if you search it right now, early voting in texas, crazy lines already. People posting videos and stuff all over. Steve just like georgia and arizona. People want to vote. Ainsley thank you, gillian. Joe biden making this case to the American Worker my build back better plan is built around a simple concept. Its time to reward work, not wealth work ainsley but Charles Payne says its President Trumps blue collar agenda thats paying off bigtime for workers, and hes going to break down the record next. Everyday youre eating acidic foods; youre constantly weakening that enamel structure. Pronamel repair allows more minerals to penetrate deep into the enamel layer and it repairs it. It is pretty phenomenal. New projects means you need to hire. Gers. I need indeed. Indeed you do. The moment you sponsor a job on indeed you get a short list of quality candidates from our resume database. Claim your seventy five dollar credit, when you post your first job at indeed. Com home. My build back better plan is built around a simple concept. Its time to reward work, not wealth work i wills invest in the American Worker because i know no one, nobody can outcompete the American Worker when theyve gotten a fair shot. Brian speaking to a drive hundred movie there, joe biden making a case at a Campaign Stop in ohio, but did it resonate . Lets ask the host of making money on fox business, Charles Payne. Charles, that theme, will it resonate as we split the screen with capitol hill as we get set for Amy Coney Barrett to go front and center shortly . You know, i dont think its going to resonate outside of those who are really influencing or want to be part of unions because we know the democrats, when it comes to American Workers, theyve always tried to force them into union, into these organizations that may or may not shower their beliefs, that take their money and apply it to political things that they dont buy into. And weve seen a massive shift in the last few years where these blue collar jobs are springing up everywhere. Youve got larger automobile manufacturing in alabama, you look at the carolinas. So, you know, i just think that, you know, regurgitating these lines, and then, of course, the politics of envy, reward work not wealth. Theres nothing wrong with both doing extraordinarily well. Thats what americas always been about. Brian yeah. You sent this over, and i dont know if you have a monitor there, but you sent over some graphs that show the blue collar wage growth, where its been and where its going. Joe biden wants to be the blue collar guy. But is he . Hes not the blue collar guy. And you look at the amount of jobs that were lost, particularly manufacturing jobs while president obama and biden were in office, heres the problem, you know, they did nothing. They said you needed a magic wand to bring those jobs back, and they looked away as china was doing all kinds of things that were so unfavorable and so unfair. And they never did anything about it. So joe biden is sort of recasting himself, or at least attempting to, saying that hes, you, the anti, you know, that hes the blue collar guy and hes going to somehow fight back against china. This is one thing, we keep hearing the rhetoric and the tag laurens, but heres a fact when joe biden and president obama came into office, yearoveryear blue collar wages were growing at 3. 8 . When, their last year in office, it was 2. 49 . It dropped precipitously are. At the passing, the tax cuts and jobs act was passed in 2017, right, and was signed into law in december that year but imminuted january of 2018. So implemented january of 2018. Blue collar wages up 3 in 2018 on average. , 2019, up 3. 6 , and this year up 4. 9 on average. Its not a coincidence. As soon as the trump tax cuts went into effect, blue collar wages erupted faster than inflation, faster than any pace in more than a decade. Job creation was there, wealth was being shared, it was being showered across the do shared across the board. Black families, hispanic families, wealth started to generate in those communities. So the notion that the trump tax cuts was only for the rich is nuts i would implore every blue Collar Worker to look at the record, the facts before making a decision based on slogans. Brian right, because if joe biden gets in, he says right away its going away. Well see. Everyone says believe it or not, they dont even need us. The average american knows their truth, and theyre going to vote that direction. Thanks so much, charles people feel, people know, and sometimes people feel though too, thats the problem, sometimes people feel a way. Look at the facts. Brian and you are a feeling guy who also looks at the facts. Hes Charles Payne [laughter] hes the host of making money, on fox business, watch him live at 2 00. All right, charles, thanks so much. Thanks. Brian at expect a grilling from democrats, a former law clerk, a friend of judge Amy Coney Barrett, is coming to her defense. Why she says barrett is the right white house for the bench. Ainsley good morning. Some quick headlines now. A police chief is pushing back on calls to fire an officer who shot and killed a teenager in wisconsin. Theres been no reason up to this point and none that i can see that he should be removed from the force. Hes acted legally and lawfully. Ainsley officer joseph e mensa was not charged in the shooting death in february. The District Attorney says the 17yearold shot at officers while running away. The milwaukee suburb has seen days of protests after the d. A. s decision. A 25yearold nevada man becomes the First American man to get covid19 twice. He first tested positive in april, the second time in june. Doctors say that case was more severe, and he was put on oxygen in the hospital. He has since recovered. There have only been a few reinfection cases reported around the world. And an Army Veteran Runs into a burning home to save husband neighbor. The heroic act caught on camera. Ron clark runs across the street to the kentucky home on tour. He beat the door down with a sledgehammer so he could get inside. Clark told local media the smoke was so bad, he crawled around the home until he found the 18yearold. He also saved several pets including a pig. The teen was treated for smoke inhalation, incredible. Steve thank you, jillian. President trumps Supreme Court nominee, judge Amy Coney Barrett, getting sworn in yesterday. Listen to her explain her judicial philosophy if her own in her Opening Statement yesterday. I believe americans of all backgrounds deserve an independent Supreme Court that interprets our constitution and laws as they are written, and i believe i can serve my country by playing that role. If i am fortunate enough to be confirmed, i pledge to faithfully and impartially discharge my duties to the American People as an associate justice of the Supreme Court. Steve here on why she thinks judge barrett should be on the bench is is one of the former law clerks, amanda railsbear arely. Railsberry. Hello. Hi. Thanks so much forking having me. Steve its good to have you. What did you make of her Opening Statement yesterday . I mean, it was the high light of the day for me, for sure. I thought she did a fantastic job. You got a glimpse in her Opening Statement of the kind of judge and the kind of person Amy Coney Barrett is, and i theys what were going to see more of today as the process unfolds. We heard her speak about her family, being a mother of seven, her background, her formative mentors, Justice Scalia, of course, is a very important one. And her judicial philosophy. And we heard her speak with grace and great poise, and i i look forward to seeing more of that from judge barrett today. Steve sure. So you were her law clerk for a couple of years there in south bend. Obviously, you worked very closely with her, and you would talk about decisions and the law. What can you tell us about her that i we did not see yesterday . That is a great question. I think, i think this did come through yesterday, but its impossible to overstate just how warm and caring a person judge barrett is. She was so general rouse with her time generous with her time even though she had so many responsibilities not just as a judge, but as a mother, as a member of her community. And i was always blown away by how much time she he had for her clerks and how much she cared about mentoring us not just as lawyers, but as people. Steve thats really nice. You know, we just had senator kennedy on. He did not know what tack the can democrats were going to talk today. So the question is, historically in questioning sometimes the senators try to rattle a nominee. My question is and you know her is she rattleable . Absolutely not. I dont know what the next few days hold. I hope that well hear from judge barrett about her qualifications. Shes eminently well qualified. She was given the highest rating by the American Bar Association. But i do know that judge barrett can shine no matter what. Steve right. And when she is asked questions about, you know, what about the Affordable Care act or what if there is a lawsuit that goes to the Supreme Court regarding the election, would you recuse yourself, shes probably going to use the ginsburg standard or where, you know what . Thats hypothetical, im not going to talk about that right now. I wont speak for judge barrett on that, but as she said best herself yesterday, judges are not policymakers. Thats not how she sees the role. Shes independent. Shes fatherminded jurist fairminded jurist. She will faithfully apply the law, and i think were going to hear a lot more about her judicial philosophy and her approach to applying the law as written as shes asking the senators questions today. Steve and, amanda, final question. Howell cool is it that your former boss could be on the Supreme Court . Its pretty amazing. [laughter] im excited to see her become a justice. Shes going to be amazing. Steve all right. Well see what happens. Amanda, thank you very much for joining us live today. Thank you for having me. Steve all right. And weve been looking inside the hart Office Meeting room, number 216, where the hearing is going to be starting very shortly. We did see her enter the building, so what sort of questions can she expect from the senators . Senator tom cotton with a preview of questions he would ask coming up next. [announcer] welcome to intelligent indoor grilling with the ninja foodi smart xl grill. Just pick your protein, select your doneness, and let the grill monitor your food. It also turns into an air fryer. Bring outdoor grilling flavors indoors with the grill that grills for you. [narrator] this is steve. He used to have gum problems. Now, he uses therabreath healthy gums oral rinse with clinicallyproven ingredients and his gum problems have vanished. crowd applauding therabreath, its a better mouthwash. At walmart, target and other fine stores. Introducing the new sleep number 360 smart bed. Its a better mouthwash. Now temperature balancing, so you can sleep better together. Can it help keep me asleep . Absolutely, it intelligently senses your movements and automatically adjusts to keep you both effortlessly comfortable. Can it help with snoring . Ive never heard snoring. Exactly. No problem. And done. So you can really promise better sleep . Not promise. Prove. Save up to 1,000 on the new sleep number 360 smart bed and adjustable base. Plus, 0 interest for 24 months on all smart beds. Only for a limited time. Steve weve got a fox news alert, there you can see right there moments ago judge Amy Coney Barrett arrived on capitol hill just minutes away from what is expected to be another day of tough questions in her confirmation battle. I did not see her children. Ainsley i know. But yesterday she walked out the same way, and the children calm in after her, so well see. Hopefully, theyre not there today because were expecting can be. Steve now im being told the kids are there, day two. Ainsley all right. Well, arkansas gop senator tom cotton joins us now with what we can expect today. Good morning, senator. Good morning, ainsley. Ainsley thanks for being on with us. Every senator gets 30 minutes. Thats 11 hours. I feel sorry for those kids having to sit throughout the senators talking like they did yesterday as well. I think judge barrett is going to handle herself expertlied today. Shes obviously an outstanding judge and constitutional expert. As i saw the hearings yesterday, i thought id stumbled into a hearing of the Senate Health committee, not the Senate Judiciary committee. The democrats kept talking about obamacare and preexisting conditions as if the Supreme Courts job is to make health care policy. Its not their job. Its the job of congress and the president. One reason that focusing on that, they want to cover up the continued failures of obamacare and higher premiums or what the individual mandate did to tax families who couldnt afford obamacare. Thats why with i worked to have it repealed. And, of course, talking about preexisting conditions, one thing they tried to gloss over is the fact that we also have a plan to cover preexisting conditions. I mean, i think about the teacher i met in arkansas this year whod been Teaching School and had a preexisting condition herself and now shes going to be teaching the virtual class, and even her little girls decided to stay home as well to help protect their mother. We want to provide coverage for her and everybody. We dont want obamacare to continue to drive up rates. But those are questions for us in the congress and the president. Thats not what the Supreme Court does, and i would suggest that judge barrett simply tell the senators today that youre responsible for health care policy, not the Supreme Court. Brian one thing thats pretty stark is that if Vice President biden wins the election, things are going to change dramatically. I mean, senator schumer says d. C. A state, thats in contending. Stacking the court, packing the court, we are looking at it, everything is on the table. When you talk about the Electoral College, that is on the table. So things could change dramatically. They could even add districts to the house and make it even harder for republicans to win back. Joe biden has been followed all over the trail by this question, are you going to pack the court. And he refuses to answer. Here he kind of answered yesterday. Listen. Court packings going on now. Never before when an election has already begun and the votes are very being cast has it been that a Supreme Court nominee was put forward. Im not a fan of Court Packing, but i dont want to get off on that whole issue. I want to keep focused. The president would love Nothing Better than to fight about whether or not i would, in fact, pack the court or not pack the court, etc. Focus is why is he doing what hes doing now. Thats the Court Packing the public should be focused on. Brian what is he talking about . The president would love to focus on what im going to do. How dare he. Well, as usual, its a little hard to follow what joe biden means. Court packing has had a very clear meaning to ordinary citizens and experts alike for 83 years. Its trying to add justices to the court because you dont like the current number or the current judicial philosophy of justices. What does it mean to court pack . It means that you would have socially a Super Legislature that would work in concert with democrats in congress to help take away their guns, to take their tax dollars, fund a abortion, to limit the way they worship their own god, to take away their own property, sometimes their own homes, and give it away to giant multinational corporations. Those are just a few of the things that Court Packing would mean to normal arkansasans. Its been tried once in our history, and not even Franklin Delano roosevelt at the peak of his powers could achieve such a radical reform that would fundamentally undermine the Supreme Court and our independent judiciary. Its time for joe biden to give a clear answer. Steve and, senator, ive heard a number of republicanses on your side of the aisle talk about thats the difference between republicans and democrats. Republicans are looking for justices who, in her case, are originalists or textualists whereas democrats look for justices who would effectively become a super legislator in robes. Yeah. The left in america wants outcomeoriented justices that will always rule in the liberal direction no matter what the law says. Ive reviewed all of judge barretts opinions on the circuit court. I am confident that some of her results she probably did not like because they let hardened criminals back out on the streets. Gnaws what the law and the Supreme Court precedent said. And she cited Justice Scalias old maxim that if youre a judge. Judges need to rule on the law and the facts. They need to leave the political and the moral judgment up to the people acting through their elected representatives. But the democrats want judges who will simply rule the way they want to achieve their desired outcome. Ainsley senator, thank you for being with us. Brian yep. Thank you all. Brian do we have a couple more minutes with him . Steve if you are one more question, go ahead. Brian senator, ive just got to ask you about what came down with this lockdown. The w. H. O. Says we should never do that again. They told us to do it, and now they say its unhealthy, the ones who are most at risk among us pay the great price, those who are poor or oppressed and farmers pay the greatest price. What do you say about this revelation, what they told us in april as to opposed to what theyre telling us now after we did it . Brian, its another example of the w6789 w. H. O. Being guided but e politics, not by science. They insisted that countries lock down their economies, some governors and mayors are still doing that today, what they purport to call science when in reality its simply their deis sire to exert more control over their citizens. Brian all right. Youve got to run to do a radio interview. Thanks so much, senator. Aiption iowans thanks, senator. Thank you. Steve in about two minutes, were going to turn things over to bill and sandra. As you look in at the hart meeting room, number 216, it will be day two. Yesterday, of course, was the day when there was a lot of speech fight but no real questions being asked of Amy Coney Barrett. Today the questions start, and we know that some will be harder than others. And what theyre going to try to do, if the past is prologue and the democrats continue as we look at dick during bun go in as we saw yesterday, what theyre trying to do is to suggest that if she gets a spot on the Supreme Court, health care for millions of americans will just poof, disappear. Ainsley and shell get rid of labor unions, theyll say, shell take a away your health care. Lindsey graham is going to give a short statement the at 9 00, and then hes going to swear in judge barrett, and then at 9 05 the questions begin, and as we said, 22 senators, they each get 30 minutes, thats 11 hours. It could slip into wednesday, tomorrow, if they dont if it takes too long. Brian right. So if everything goes smooth, and it never does, Business Committee vote on advancing the nomination on the floor, these events would be october 3 22nd. 22nd. Thatll be up to Mitch Mcconnell of to have a floor vote, and if everything does go according to plan, shell be confirmed and on the Supreme Court. Lindsey graham said i know this is going to be tough, contentious, but can you please be respectful . This is a professional woman thats worked very hard to get here, you showed none of that decorum with kavanaugh. Please tell me you learned something from the last go around because that was embarrassing from the country. Steve well, and if yesterday was any indication, brian, she will have to withstand 30minute speeches where they take digs at the president and at history and the Affordable Care about. And if she can get through this round, odds have shes going to be the next associate justice for the u. S. Supreme court. Ainsley thats whats happening on the hill. The president has a rally in pennsylvania today, and biden is heading down to florida. Brian lunch is usually around 11 30, thats when well see a lot of sandra smith and bret baier, and were going to see this many now as we look at day one and its actually day two, with bill hemmer. Sandra bill is here, bret, martha, shannon, the whole gang. Thanks, guys. Today senators on the Judiciary Committee had been are getting to question the president s Supreme Court nominee one day after Democrats Use their Opening Statements to warn that the Affordable Care act was on the line. Good tuesday morning, everyone, im sandra smith, and there he is bill nice to see you again, day two as we roll right through. We are told to get ready for a long day today. Im bill hemmer, good morning. Judge barrett arriving on the hill a few moments ago, or President Trump praising her down in florida saying shes a brilliant scholar who will defend the countrys laws. On day one, judge