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Tonight. Case in point, this Upcoming Supreme Court nomination, one of the most important votes a u. S. Senator could ever cast, a lifetime appointment that is so important to our country. I think you will hear a pretty strong message from the president. Melissa john roberts is live right now with more, john . Melissa, good to talk to you. The president about to depart bound for Andrews Air Force base, doing a Campaign Rally in montana for the Senate Candidate and the president may give a tilted not toward the candidate hes thinking about for the Supreme Court, at least the importance of picking the proper Supreme Court nominee. The president really likes how picking the right judge can resonate with his base. Where are we now in this Selection Process . We have sort of read tea leaves and used our of divining rod, brett cavanaugh, who is on the d. C. Circuit court of appeals, is the likely front runner or maybe in a jump ball with another Appellate Court justice. Some current conservatives were trying to take out Brett Kavanaugh because of a 2011 ruling on obamacare that they say amounted to a judicial nonsense on the bench. He was merely saying in that opinion that the court denied that the jurisdiction didnt decide the case on the merits because of the antiinjunction act. Judge roberts disagreed with that, he ruled that the individual mandate was indeed constitutional. The white house will have to defend if they decide to pick him, a defense among conservatives, not democrats. Of the bush era appointee, 51 years old, kavanaugh is 53 years old, like kavanaugh, kethledge clerked for anthony kennedy. Conservatives are happy with him, his judicial record is not quite as extensive. I am told at the white house his stock is rising swiftly. Judge Amy Coney Barrett is still in the running, but she is meeting tremendous amount of pushback from democrats. How would you not vote for a woman for the Supreme Court if you are in a state of the president won . Regardless of who the president nominates, there will be a fierce battle from democrats because it will tilt the court 54 in favor of the conservative. All of the people on the shortlist, all the people the president interviewed, all the people on the president s list would do that. Listen to senator ben cardin of maryland this morning about his concerns. The list thats been prepared from the president comes from a group that has an agenda, thats whats at stake here. Its more than just one issue, its the whole direction of the court to follow what the president wants rather than what the American People need. Whoever the president picks and whoever he mentions in montana will be introduced monday night, 9 00 will be the announcement. Just one other announcement before we move on, the president has now officially hired the former copresident of fox news, bill shined to be his deputy chief of staff for communication. Ive been running into bill shine on street corners and at the white house, every time he says its not official yet. It is official now, he is the deputy chief of staff and communications under president donald trump. Melissa we mentioned, Brett Kavanaugh is one of President Trumps leading candidates but the d. C. Corporate judge is facing skepticism from conservatives who say he is out of touch on issues like abortion. The former law clerk for kavanaugh is currently at the anthonys glia law school. Let me to ask you about these cases specifically. One has to do with our recent case involving pregnant immigrant teenager in federal custody. He wrote a decision, the teenager was seeking access to an abortion and he wrote a decision against the teenager but they feel that the words of his decision didnt go far enough, whats your respond . Thanks so much for having me on, i think the main thing to know about judge kavanaugh is he has one of the toughest legal lines of the country, a record of close to 300 opinions, the great thing about judge kavanaugh is what you see is what you get. I think one of the things you are seeing right now with some of the concerns that have been raised is simply that because judge kavanaugh has such a long record and for some time now hes been one of the rumored front runners, folks are combing through the opinions and its sort of part of a river course perhaps in washington politics to try to attack and question somebody rumored to be the front runner. He is very conservative, a mainstream conservative in the mold, he applies the text to statutes, adheres to the constitutional text and if he were nominated by the president and confirmed he would be a thought leader on the Supreme Court for decades to come. Melissa if you look at the opinions that are being pointed to right now, you are right, youve made so many opinions that everybody is going to find something they dont like, but you say hes in the mold of scalia, instead of declaring the law unconstitutional, a lot of people felt like thats not what justice kalil wouldve done. The opinions are asking about, as you point out he actually was in the Health Care Case in particular dissenting from a conservative judges opinion that found the Affordable Care act constitutional. One thing to keep in mind with how judge kavanaugh wrote in his dissent, is that he is writing as a lower court judge. He has to uphold president , he has to stick with the text of the statutes and what he was saying in his dissent which quite frankly was to the right of another conservative judge is he was simply saying he just did not believe based on his understanding of the law that the court had jurisdiction at that time to hear the challenge. As you pointed out he did dissent from a conservative judges opinion finding the mandate constitutional. Judge kavanaugh wrote that the individual mandate was unprecedented in the area of federal law and suggested that he did not think it was lawful under the congress laws. Melissa how would you characterize his Guiding Principles as a judge . His guiding principle is to stick with the text of the law, the text of statute, the text of the constitution. Hes not going to inject policy preferences into the law, he is going to call the law as he sees it, whether it is his preferred policy or not. He has been consistent with close to 300 opinions on that front. Melissa everybody is trying to get a sense of, you mentioned scalia before, is it someone in that vein or someone who potentially down the line is more of a swing vote towards the middle . I think sometimes in the past, justices who have been seen as more swing votes later on in the Supreme Court have not had nearly the record of judge kavanaugh. Close to 300 opinions, the president and others can look right there and see exactly what he stands for. I should add hes been particularly strong in areas of separation of powers and reining in administrative activity. He has voted 75 times that Agency Action is unlawful. These days, with the federal government increasing in size, somebody with that firmness and steady hand is in my view who we need on the Supreme Court. Melissa id like unlike other guests that analyze his legal background, you actually know the person. What kind of person is he . I had the honor of being his first law clerk 12 years ago and he is just a very easygoing, incredibly kind person. He coaches his daughters basketball games, a longtime mentor to all of us, serves meals through catholic charity, he is a Terrific Community leader and a person you just love going and having lunch or a beer with. Melissa thats a pretty good endorsement. Thank you for coming on, we appreciate your time. For more on who the president may pick in the battle ahead, i am joined by the editorial director for the washington examiner. What did you think about you just heard there . I thought it was extremely interesting and absolutely spot on. I think end of any of the judges that it made it into the final handful the president is considering and frankly i hear it is narrowed down to kavanaugh, barrett, and kethledge. All of them would be excellent judges. The concerns being expressed about Brett Kavanaugh or to his credit, he has been restrained. Conservatives and people who believe judges should not be legislative from the bench should favor of a who is restrained and doesnt sweep away something as unconstitutional when he is considering on a narrower issue just such as jurisdiction. I think that one of the really interesting things here, kavanaugh is a lightning rod for democrats and republicans. Amy barrett has become a judicial star and she is of particular concern to the democrats. If she were on the court and if i case came up where roe vs. Wade could be restricted or even overturned, it would undermine their case greatly if there were a woman on the side of overturning roe vs. Wade. They want to suggest that roe vs. Wade is all about womens rights, it will be much harder for them to do that if there were principal textual female judge. Its possible i think that kethledge is as john roberts was saying, becoming more of the likely front runner. He is obviously on the sixth circuit so its not no resume at all but hes not perhaps the lightning rod the other two are. Melissa when you talk about a lightning rod, there are certainly groups out there doing everything they can to influence the process and put pressure on the senators who may be the swing voters. Here is one ad, watch this. This is an emergency, President Trump is already going to court to overturn Health Care Protections for people with preexisting conditions. 130 million americans have preexisting conditions. Trump and Mitch Mcconnell have a plan to install o Supreme Court justice who would overturn those protections. The scary music certainly scares me. This is what you have to expect these days. Its really interesting that a judge who is there to interpret the law as written and interpret the constitution is being attacked because they wont produce the political outcome the attacker wants. I know the constitution says it does apply to obamacare and the issue have preexisting conditions or it doesnt. It was interesting to hear senator cardin say we should have a judge that does with the American People need. Its not for judges to decide what the American People need, its for judges to decide what the constitution says. Its for politicians like him to win elections and decide what the American People need. Whats really happened here is far, far too politicized process. Judges should be chosen because they understand what the constitution is and they should apply it, not make it up. Melissa they are not elected so they are not to be making laws. Exactly. Some people on the left believe in what they call the living constitution. That the judges should change the constitution according to what they think, current morays and the culture suggests. That is what politicians are supposed to do. Allow should be something that is defined that doesnt change depend on when you read it. Melissa thank you for your time today. An attorney for embattled fbi official peter strzok signaling he may ignore how house subpoenaed to testify next week. A live report with analysis. Plus, Deputy Attorney general Rod Rosenstein on the hot seat as house lawmakers demand the doj turn over more by tomorrow. He could face contempt or impeachment. We will talk to a former doj official. Your rate after the other car got a scratch so small you coulda fixed it with a pen. Maybe you should take that pen and use it to sign up with a different insurance company. For drivers with accident forgiveness, Liberty Mutual wont raise their rates because of their first accident. Liberty mutual insurance. Liberty. Liberty. Liberty. Liberty. Mitzi Psoriatic Arthritis tries to get in my way . Watch me. mike ive tried lots of things for my joint pain. Now . Watch me. joni think id give up showing these guys how its done . Please. Real people with active Psoriatic Arthritis are changing the way they fight it. Theyre moving forward with cosentyx. Its a different kind of targeted biologic. Its proven to help people find less joint pain and clearer skin. Dont use if you are allergic to cosentyx. Before starting cosentyx you should be checked for tuberculosis. An increased risk of infections and lowered ability to fight them may occur. Tell your doctor if you have an infection or symptoms of an infection. Or if you have received a vaccine, or plan to. If you have inflammatory bowel disease tell your doctor if symptoms develop or worsen. Serious allergic reactions may occur. Mitzi with less joint pain, watch me. For less joint pain and clearer skin, ask your rheumatologist about cosentyx. I know, right. We are seriously ikeeping up with the joneses. Ask your rheumatologist i know, right. We are seriously keeping with the andersons. We are finally keeping up with the fords. Keeping up with the garcias. Keeping up with the harveys. Keeping up with the wahhthewahh the romeros. Carters. Patels. The allens. Wah. Wolanskes. Right, them. No one is going to have internet like this. No one is going to have internet like this. Gig to more homes than anyone. Not just the joneses. Over here. Xfinity. The largest gigspeed network. Melissa fox news alert, an attorney for antitrump fbi official peter strzok now signaling in an issue that he may not show up to testify next week despite being subpoenaed by two house committees. Catherine herridges live in washington with the latest, what are you hearing . Facing a congressional subpoena to testify publicly before the house Judiciary Committee, that committee has direct oversight for the fbi Justice Department. His lawyer indicated they may defy congress. Why isnt it an automatic yes . We have come to the conclusion, that this is not a search for truth, it is our chance for republican members of the house to posture before their most radical conspiracy minded constituents. From our experience with the committee thus far, it is obvious that they dont want the truth. He refused to answer foxs questions or any other media outlet on capitol hill last week, he gave an 11 hour transcribed interview behind closed doors. Lawmakers say he refused to answer a lot of those questions, citing the r b ongoing fbi prod advice from a lawyer. These recent images were shot of lisa page shopping at a washington, d. C. , mall. His attorney also accused the house panel of laying trap with the intention of seizing on any inconsistencies between his transcribed interview and his public testimony. Melissa catherine herridge, terrific reporting as always, thank you. Lets bring in robert driscoll, a former Justice Department official, thank you so much for joining us. What do you make of this . Is he able to just refuse, can he refuse . In the short term he can refuse, its going to be up to the Judiciary Committee whether they want to vote to hold him in contempt and forced him to testify, either under threat of arrest or other compulsory means. It wont happen tomorrow or the next day, there is another step in the process that goes on on these kind of things when someone doesnt want to testify before a committee on the hill. Melissa is his lawyer right in saying these committees have become too politically minded . I dont know if his lawyers right or not, i tend to think its certainly not a legal basis, i would never had a client who testified on the hill if preening congressmen were reason to not testify. Thats kind of the nature of the game when you take someone on the hill to testify. Usually people have a more recent objection, i am going to plead the fifth, there is no jurisdiction in this committee, but to just stay they are going to make a spectacle of it, in some ways its the point. Its a public event, imperfect as they are, the representatives are people. Its a peoples chance to see in public this guy testify. Its not a great legal basis but it is certainly in the short term, he can just not show up and put the committee through its paces to see if they want to hold him in contempt. Melissa some say they could just release the testimony of what went on behind closed doors, the other side says that was his opportunity to get his side of the case out there and he refused to answer other essential questions so releasing the transcript isnt enough, what is your take on that . Again, with our government, the structure of our government, one of the Reasons Congress is there is to represent the people and i think there is some Public Benefit to having public testimony. It will probably be interrupted by things that are either classified or privilege but i think there is some benefit for the American People being able to have the representatives ask questions. Will it degenerate into a bit of a partisan affair . Im sure it well. From a purely legal perspective, give me the transcript and i can review it but if it is a political or constitutional argument, as highprofile as they are, sometimes a public hearing is in essence what congress is therefore. Melissa House Republicans are setting yet another deadline for the Justice Department to hand over additional records on the fbi informant who met with Trump Campaign officials, some lawmakers warning if that doj does not comply, Deputy Attorney general Rob Rosenstein can be held in contempt or face impeachment. I feel like ive heard this fight before. This never ends. I think both sides are trying to operating good faith but they dont trust each other and thats the hard part. I think whats been missing in this is theres kind of been a little bit of an assumption on the hill that they get everything they asked for which has never been the case, the executive never has to give over every piece of Paper Congress asks for, there has always been an exception for things like sources and methods and other particularly sensitive names and things like that. These things are always negotiated. In order to negotiate properly you need to have some level of trust in both sides. Congress feels like theres been some reductions of things that havent been redacted. Melissa you talk about the exceptions under which they dont have to hand things over, the doj has said these are sources and methods and thats why there is redactions and why we havent turned it over. When you get those documents, senators of said when you look at it it wasnt about sources and methods, but was blocked out where things that were embarrassing to the fbi. They have a reason to not have a lot of faith. I think thats true, the problem is, obviously i think, hes not the one doing the read actions, obviously. A staff of 100 fbi agents is doing it and when one of those agents does something wrong, he can go back and correct but its hard to blame him for the daytoday that goes on. I think there is some reason for skepticism from congress but theres also a reason for skepticism from the doj, they are providing things that end up leaked almost immediately at different times as well. Hopefully they can get everyone together. The way this usually has to work is Congress Says the information they want, not necessarily the documents, and doj can say we will tell you about it even if we have to withhold certain documents. Melissa we have to go but they said we want to know how this investigation started, did it start before you said it did . It comes down to they want to see the original documents because they do not totally believe the answer. Maybe we will get to it someday. Secretary of state mike pompeo making his third trip to north korea to meet with kim jong un amid reports that pyongyang may not be giving up their Nuclear Weapons. We will hear from a former state Department Official on that. Plus, President Trump is on his way to air force one right now traveling to montana where he is targeting a democratic incumbent. Can he flip that seat . The power panel ways and next. Look at that shot, beautiful. Soso pizza . Not in this house. cause thats no soso family. Thats your family. Which is why you didnt grab just any cheese. You picked up new kraft expertly paired mozzarella and parmesan for pizzahyeah kraft. Family greatly. Melissa secretary of state mike pompeo is heading to north korea for his first visit since last months assignment in singapore. He will try to dispel doubts that north korea is not serious about canceling its nuclear program. He is also expected to press kim jong un on reports that hes doing the opposite of denuclearizing. As a recent satellite images show improvements being made at one nuclear facility. Gillian turner is live in washington with more on this one. Secretary pompeo did depart very early this morning for his third trip to pyongyang, and a tweet an hour ago, saying looking forward to continuing our work. Good to have the press along for the trip. Pompeo will spend two days meeting with kim and his top deputies and spend the night in pyongyang for the first time. This trip comes at a crucial moment when the very future of the nuclear talk is hanging in the balance. Intelligence reports this week indicate kim may already be backtracking on commitments President Trump said he made in june. With all the hullabaloo of the historic summit behind him, the state Department Says pompeo will get back to the milliondollar question on the table, the future of the denuclearization process. Weve had very clear conversations with them, there will be no surprises in terms of what we are asking them to do. Our policy remains the same today as it was going into the singapore senate. Nothing in that regard has changed. National security sources tell fox news theres still no agreement between the two sides on what precisely denuclearization means or on what the next step should be. The Intel Community is ringing alarm bells claiming new satellite images prove that kim is making improvements to his uranium enrichment facility as well as two other facilities. President trump is choosing to remain optimistic, tweeting the day before yesterday many good conversations with north korea, its going well. In the meantime, no rocket launchers or Nuclear Testing in eight months, all of asia is thrilled, only the Opposition Party which includes a fake news. If not for me we would now be at war with north korea. It Trumps National security advisor john bolton backing him up over the weekend, insisting no one in the administration is naive when it comes to dealing with this rogue regime. Melissa thank you so much. Joining me now, former Trump State Department Senior Advisor at the center for national interest. Whats your take on this . I think this is overhyped in the sense that north korea has broken some sort of agreement. The very minor changes, religious building hut there, also potential continued work on an experimental reactor is really not that significant. All of this could have been from before. More importantly perhaps, these leaked reports, classified production from the Defense Intelligence agencies and other parts of the intelligence bureaucracy saying north korea probably doesnt tend to give up its nukes, that tells us more about our own bureaucracy than north korea. Those agencies have no ability to read whats on the mind of kim jong un and the political trajectory of north korea, they are just rehashing old points to cover their own posteriors in case this goes south. Melissa when you talk about how it looks like hes building a hutch, doesnt that sound like an attempt to conceal something . Its one minor building, there is some concerning work on a newer water reactor although thats less useful in making plutonium to 39 that you use in bombs. Again, things and north korea dont start or stop very fast. North korea has a history of this but every government that has a Nuclear Weapons Program Takes some effort to conceal its activities, shouldnt be a surprise. Melissa what would you need to see in order to feel like they are really on board and keeping faith . Secretary pompeo going over there, this is part of what came out of singapore. It wasnt just a piece of paper but a meeting of the minds of the leaders, starting to put some meat on the bones of whatever is going to happen. The most important early step would be a declaration of what north korea had. We have our own abilities. If you look at the denuclearization of libya, actually catching them and i lied, proving to them we could catch them and we knew how to monitor would be effective in finally reaching a final agreement there. That declaration would be a great first start. Melissa what kind of time frame would you expect that in, do you think he should come back from this trip from that . I think an agreement to produce that, they have a complex program, i would say summertime, john bolton has said he wants to see major denuclearization within a year, the front of that would still take a couple months. Melissa wouldnt you expect him to not put everything on the list and how would we verify that . We have many intelligence capabilities, many other capabilities. They have in the past been duplicitous, the last time they gave a disclosure during the Bush Administration it contained inaccuracies. All of these governments have a habit of concealing their sensitive weapons programs, we dont put where all of our Nuclear Programs are. Hopefully theyve made this decision to fundamentally change their country. Melissa let me ask you about the meeting with president putin. What do you think is the main goal . I would say two or three main goals, the first is just relationship building, that used to be the point of the g7 before he became ridiculous and they kicked out russia. You want these leaders to have a relationship. There are two or three practical things. The most important is agreeing with russia to exclude iran from syria, that our goal is not to displace russia, but we really both have a mutual interest in pushing out iran and john bolton has telegraphed that that may be on the agenda. One would be north korea and russia can play a role in north koreas economic opening if it takes the right path. I dont think sanctions relief will be on the table, but western capital could help russia export a lot more oil which would bring down prices at the pump for all of us. Melissa do you think russia has any incentive to get iran out of syria . Admits the discussion on things where we are not going to be agreement, it essentially recognizes that russias presence in syria which a lot of people have hyped, their naval base is a couple of peers that cant even service russias largest warships. If we recognize that we are okay with putin and russia will have a role but the most important thing is getting iran out, its important that we have some progress there. Melissa wouldnt the left go bananas, thinking we are okay with russia anywhere, we will scream collusion. We know they are going to do that no matter what. If you are going to be judged guilty anyway you can sort of do what you want. Melissa thats one way of looking at it. Thank you for joining us, appreciate it. It is our race against the clock for rescuers in thailand as a scramble to get 12 and a soccer coach out of their cave that collapsed. By their biggest challenge could be the rain. My day starts well before im in the kitchen. I need my blood sugar to stay in control. I need to shave my a1c. Weekends are my time. I need an insulin that fits my schedule. Tresiba® ready announcer tresiba® is used to control high blood sugar in adults with diabetes. 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Tresiba® ready melissa its a race against time and of the rain as rescuers work to get the soccer team trapped in a flooded cave out safely. Thailand Officials Say they may not be able to get everyone out at the same time. We are following the story live in london. Its been gripping the entire world, really. Emergency teams fighting all a lot of factors to try to rescue the Young Soccer Team and their coach in a thailand cave after Something Like 12 days underground. Heavy rain, predicted for this weekend and that means the officials are looking even harder at trying something very risky, having them swim their way out, possibly using scuba gear but that swim takes about six hours and it would be a real challenge for even a skilled diver, thats why they are looking really hard at that. They are trying to pump the water out and are doing a pretty good job of it, they drained about 4 30 4 million gallons out of the cave but it is still completely flooding certain portions of the cave. Other options they are looking at, drilling another tunnel into the cave or having the boys and their coach wait, maybe months for the waters to subside, the rains approaching to die down. That is not really considered a viable option at this point. Overall the 13 are in pretty good shape, rescue workers are with them all the time, providing food and medicine but a new report we got today is at least two of them are quite weekend by malnutrition. That makes the idea of all of them coming out together at the same time not realistic. Other worries, they have been underground for 12 days, psychologically there are fears that this could have an impact on them, and they are running out of oxygen. Oxygen is being brought in and as the waters rise may be that breathing space goes down. Secretary of state pompeo weighed in earlier today, he tweeted that the u. S. Teams assisting on the ground will continue to Work Together to safely bring the boys and their coach back home safely. The u. S. Military on the ground. Melissa that was my question, other countries must be helping out, right . What is the rest of the world doing . Its a global effort, absolutely. 17 u. S. Air force specialists have come over from their base in japan. It was two british cave specialists who are the ones who found the boys on monday. Australia, other countries, france pitching in, about a thousand military officers and Service Members there on the ground. Its a massive effort. Melissa we will pray for them for sure, thank you. President trump is stepping up his battle with jon tester, you can see the president right there. He is traveling to a rally today for it testers republican challenger, about to get on thee can head to montana tonight. Jon tester himself has an ad campaign welcoming the president of the state. Sort of tongueincheek, saying thank you for signing the bill he has sponsored. Both candidates here rather than trashing trump kind of sticking to him. You can see the president there as he mounts the steps to get into air force one and had to montana in order to get there tonight. That rally tonight for a state auditor. We will be right back. Your brain changes as you get older. But prevagen helps your brain with an ingredient originally discovered. In jellyfish. In clinical trials, prevagen has been shown to improve shortterm memory. Prevagen. The name to remember. Hi, everyone, im dana perino. President trump is on his way to montana, we will tell you why the states democratic senator will feel some extra heat tonight. Democrats are underperforming with hispanic voters, how is that . We will explain. All that coming up on the Daily Briefing. Melissa fox news alert, questions about whether President Trump can help flip a key senate seat, he just boarded air force one heading to montana for a rally. He is expected to take aim at jon tester, one of the most vulnerable democrats in the senate. The president will be campaigning for his republican challenger, who tells fox business he expects the president to bring up testers role in the nomination of the va secretary. He literally destroy the reputation of a highly decorated admiral who served three administrations. And it did so with unfounded allegations that were proven to be false. I will tell you, the people of montana dont appreciate character assassination and smear campaigns. Melissa tester running some welcome ads for President Trump, touting some bills he signed for the president. Lisa boothe, republican strategist and senior fellow for the independent womens voice. Pretty smart counter, rather than attacking trump, he is saying thank you for signing my bill. I think it demonstrates the kind of power President Trump has in that state, he won by nearly 20 Percentage Points and jon testers first dad was touting the bills he had been a part of that President Trump signed into law. Clearly jon tester sees the vulnerability there. Hes also running their campaign ads this weekend, but if President Trump goes there tonight, hes already called on tester to resign, hes going to go there, clearly that sort of mitigates in his entire argument. Tester is someone that has hung in a number of really tough races in montana and he knows the people of his state and the people of his state like him. I think it will be difficult for trump to do something which is just throw some red meat out because people have known him for some time now and hes been through a lot of tough fights. Hes never gotten more than 50 of the vote, weve always had close races. This is a state President Trump won by nearly 20 points, this will be a very Competitive Senate race. You look at the tax reform law, jon tester wasnt there. Jon tester railroaded ronnie jackson, President Trump stake for va secretary. Theres plenty of red meat for individuals who support President Trump and wanted jon tester to show up. Melissa how would you knock him specifically . There is no doubt this is going to be a tough race, democrats have to hold on, i dont think theres anybody better in montana to take that on than tester. Look, all you really have to hang on is if you are republican is to try and attack tester for not supporting President Trump. Melissa the state likes the president. He won by a lot. Who is going to support the president more . Its going to be the republican. People who stand up to their beliefs and dont try to run away from things theyve done, you dont see him trying to have it both ways and say im for trump but im not like democrats did about obamacare in 2012. Melissa let me ask you the broader question. Republicans could flip as many as five seats in the senate. What do you think the bigger numbers are like, if you watch the president s plane take off there, this is something weve seen a lot lately if he tries to change the account, what do you think the count could end up being. You start seeing a shift in the polling, i think we are just so early out. President trump was in north dakota last week, making an appeal to those voters saying this person is not with me, i think youve got to look at it. All these people who voted for President Trump who wanted to see his agenda happen, jon tester stood in the way of one of those critical aspects. Hes been with him on other things. When you look at the numbers, i think we could see as many as five seats flip but some of the seats we are not talking about, florida is probably the best chance for republicans. Melissa what strikes me as its interesting were having this conversation where you are talking about democrats who have proven they can be with the president. It tells you how popular hes become our how much his numbers have gone up although fortunately we are out of time. [music] [music] [music] [ ] melissa thank you for watching, see you on fox business at 4 00. The Daily Briefing with dana starting right now. Dana a fox news alert, it is President Trump on his way to montana for a rally for a gop candidate. Hello, everyone, im dana perino and this is the the Daily Briefing. Anticipation building in washington on the choice of the president to replace Justice Kennedy on the Supreme Court. The field is winnowing town with one source telling fox news that the president has completed his interviews with six candidates. Our chief white house correspondent, john roberts, live with that story. John, that part is done. And now the president has to decide. Yes, he has spoken with the candidates. He has got impressions

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