55 you can also send us a tweet as always usually using the hash tag a t l Meanwhile this is the 1st Monday in October so that means it was the 1st day of the new session of the Supreme Court with all the drama swirling around the cabin on nomination is it just business as usual in the highest court in the land here to talk about this is Jeff brave and Supreme Court correspondent for The Wall Street Journal Jess Welcome to America on the line Great to be here so just following the chaos of the last week that we've all been watching what was the mood or the feeling inside the court today as they had their 1st day their 1st day back in session it was like living on another planet the Supreme Court does not have anything at all to do with politics as the justices remind us in the scene inside the Supreme Court was one of its very very formal traditional ways was the 1st day of the new term the chief justice said he had the honor of closing out the last term and beginning the new one he began with a very brief Congratulations to his colleague Ruth Bader Ginsburg noting that this was the 25th anniversary of her investiture as a justice of the Supreme Court and speaking on behalf of all 7 of her colleagues said that we we look forward to many more years in our common calling with you so then they just got down to business swore a new attorneys and heard their 1st 2 cases so in one of your articles from yesterday to your point about the justices. Not getting involved in politics you could judge Justice Elena Kagan saying quote We should be aware of the environment and not unnecessarily exacerbate the divisions that unfortunately exist now she said this on September 12th before the Cavanagh proceedings went into full blown chaos mode but on a personal level. How are the justices responding to their branch being at the center of such a painful fight. Well you know they they take I think all of them take very seriously what they view as the institutional credibility of the court it's well taught it's taught in law schools they all know it very well that the courts and the courts in general don't have an army at their disposal they simply exert power through the credibility of their decisions and so the institutional agency of the court is something that they all will talk about now what might threaten it may be different to 2 different justices but I don't think any of them like the idea of a very political and personal fight over appointing a new justice I can't think that any of them. Feel This is good for the reputation of the Supreme Court which really does seek to say that what it does is different from what the other 2 branches of government do I'm glad you brought that up we're going to be talking about this with the panel later on in the show but this the notion of the institutional credibility of the court and I keep thinking back to what Judge Kavanaugh said last Thursday where he railed against Democrats on the panel on the Senate Judiciary Committee panel where he talked about a conspiracy of people trying to exact revenge on him. Through the Clintons How does talk like that from a Supreme Court nominee how does that have an impact on the institutional credibility of the court I can imagine that the sitting justices like hearing that . Well I you know I don't know what they would like and I don't know whether they even watched it I mean Judge Kavanaugh certainly came to the bench on the d.c. Circuit where you currently sits with a very strong partisan pedigree but once on the d.c. Circuit he certainly took steps to. To distance himself from that past I mean he ceased registering as a Republican he then became a independent or declined to state he certainly no longer you know would have contributed to political campaigns or done anything directly involved in partisan politics and he worked it seemed very hard for a dozen years to develop a different reputation and that was cool reflected in his very high rating by the American Bar Association and by things that you know I and other reporters heard about his his performance on the circuit court and the views of his colleagues even those with you know different ideological persuasions his you know his work teaching is high you know grades from from students who taught at the law schools so he certainly like many judges has a political background many of the judges on the court Supreme Court now had a political background I mean you know you got to know somebody to get appointed by the president and that often is through politics. But recently certainly in the face of these allegations by by Dr Christine Blassie Ford and the other ones that very. I guess sort of judicial persona that he had cultivated fell away to a degree and you know whether the other justices think that was reasonable or not in the circumstances I can't say but it certainly will be in the mind of litigants who come to the court and are looking to count to 5 that's the majority they need to win a case they're going to be thinking about what you know pushes each justices buttons and they got a you know perhaps more insight into into what what makes Brett Kavanaugh tick Well right now there are only 8 justices on the Supreme Court so how is the absence of a 9th justice influencing the docket this term Well it's not just 8 justices It's 8 justices who are divided evenly by the general philosophy or judicial. Ology doesn't mean that he will always have 4 liberals against 4 conservatives but in many of the more significant kind of hot button cases that is what the lineup will be and so if they want to get to a majority there has to be some level of consensus where somebody has to at least one person has to move over and join for the others and we have an idea of what that looks like from the time that Justice Scalia died and the vacancy persisted in to 22017 and the court took more modest steps it did last because you needed to to find a way that you could have people of very different views agree so if the court persists at an 8 Justice number for a longer period you know it it probably will look like that if however. You know Judge Kavanaugh or one of similar philosophy is confirmed then I think will the term will look more like like the last term which was very conservative in its most of its outcomes. In the interim while you have 8 justices what happens if they can't agree at all if they divide 44 then the lower court ruling stands as is but it doesn't not create a national precedent the court could also order a re argument after it gets another justice that has happened from time to time historically in $1053.00 chief justice Vinson died Earl Warren was appointed as the new chief justice and he reheard there the court heard Brown versus Board of Education and Chief Justice Warren then the next next term wrote the unanimous opinion striking down school segregation so there's an example of re argument after one member of the court dies so let's say hypothetically a judge Cavanagh gets confirmed to the Supreme Court and the $44.00 split is eliminated if that happens how how does how would that change the cases they choose to hear this term. Well. Hard No I mean it takes 4 votes to put a case on the docket but 5 votes to win in general. So but they're keeping an eye on what's happening I think that the Supreme Court probably like most of us assumed that Brett Kavanaugh would be confirmed in time for the new term or soon thereafter I don't think they had any you know inkling that something would happen it means it was a possibility but it looked pretty pretty smooth sailing for him. Until recently so what does it do I mean there are a lot right now I mean basically if you have a 5th vote that's a solid conservative which you know by all measures so far Brett Kavanaugh would be that provides an opening for a lot of conservative legal goals to find find a sympathetic hearing at the Supreme Court and so just as Last term we saw some cases like the. Case that. Eliminated mandatory dues collection for public employee unions you know ones that limited the rights of employees and for private businesses to bring cases to have class claims for their for wrongful conduct by employers I think that that's what you'll see here you'll see a lot of longstanding conservative legal goals move forward expecting to get a sympathetic hearing at the Supreme Court and one last question for you Jeff the 1st case the justices heard today was actually about a critter called the desk go for Frog and this sounds refreshing flea. This sounds like a refreshing departure from everything we've talked about the last week at the relay for the last 1820 months what was this case. Actually I have to say that there was exactly what we've been talking about because this is an environmental regulation k. . Case and it has to do with the definition of critical habitat for this frog which is about 3 inches long and apparently read in its croak sounds like snoring loudly there are were only a 100 of them still alive when the they were declared and dangerous species and the issue here had to do with a parcel of property a run by the Weyerhaeuser lion company in the easy Ena where the frogs have not been seen since 1965 and the Fish and Wildlife Service said that well with some reasonable modifications this property again could house this frog that requires a very specific type of pond and tree canopy and so forth in which to propagate itself and the company said no it's not habitat because we'd have to do all this work to make it habitable again for this frog the government said it doesn't really require very much in the used to live there and you saw the court pretty much seem to divide along that conservative liberal split with liberal members viewing the purpose of the Endangered Species Act quite broadly for and giving the government broader powers to protect species that were on the verge of extinction with the conservatives saying well maybe that's a worthwhile goal but why would these extra costs be imposed on the landowner because while why Houser could continue cutting logs if they want to develop this property for residential use which they certainly had in mind they might require more permits and it would be more burdens for them to to do that and to try to preserve the habitat for this this frog So this is the kind of case that Brett Kavanaugh probably would line up with other conservatives based on his record on the d.c. Circuit is the kind of case that he would be a tie breaker on so. Without without him there if they do divide $44.00 The frog wins. If if. If if he comes on to the court he votes for the private company you could say Look smoke the frog might croak to make a little amphibian joke there but that's the that's that's precisely the kind of case but I will say this the 2nd case was an age of scrim an Asian case and there was seem to be broad consensus on the court in favor of the employees against the small fire department that had fired some 2 firefighters holder to all those firefighters on whether or not they were covered by this federal law so that's a reminder that you know a fair number of cases 40 percent maybe more are near unanimous or unanimous on the court and there's only a relative minority that divide along this for 4 or 5 for ideological split just brave in Supreme Court correspondent for The Wall Street Journal thank you for being on America on the line Thanks for having me so when the show started I I threw out a question what can we regular everyday everyday folks do to calm things down and I wanted to hear how how you're dealing with the situation in your own family the number is 844-745-8255 Dennis in Union County New Jersey called in Dennis thank you for calling in to America on the line. Quote Jonathan hi So how are you dealing with it well I can I actually don't know if I am I told the screener that I may things that struck him worker a younger guy. And my dad was actually Union well there for 30 years and he's gotten older and headed towards retirement I've just seen him sort of fall pretty. Propaganda movement this information the conservative media and it's really confused me I mean I told your screener my dad was a stock he didn't go to Vietnam but during the 2016 election cycle we had a Veterans for Trump sign hanging car garage Wow it's been really difficult especially as I've become more active in my youth in politically going to labor marches Skilling's canvassing events where we're you know putting out Democratic candidates who have been pro-labor I think it's really difficult right now it's so damaged so what is your dad say. When you ask how do you go from Woodstock to Trump. A lot of it just seems like he's falling for the Dean of phobia fear mongering that's the biggest one. He it seems like the dog whistles and the racial divide there there's a fear that's been planted him in him that I don't see on a person to person basis when you know he's interacting with someone with a different race I can tell you my best friend in the world is half white half black and he's done things for my best friend's family on both sides you know fixing cars drive in his 85 year old African-American grandfather to go get his medicine at the pharmacy but at the same time he'll talk about north New Jersey as so words and it really confuses me when I see his personal stoicism but yet this. Still existant fear of the other and we've had a lot of big conversations that sometimes turned into screaming matches and sometimes you know result with a hug but it's it's a really difficult because our views are growing further apart Dennis I want to thank you very much for calling in the most important thing you said in your response is that your your. Your dad are still talking so keep that conversation going thank you very much Dennis. I would agree even if you know we've got a little time in Honolulu thank you for calling in to America on the line. Yeah I think you make my call I'm sure one thing I learned from the last several years is that trying to you know convince people who already are sort of think differently than you is to the sort of ignore fake news or ignore that potentially you know bogus information or a virulent hate mongering information is not very useful because they already suspect that your part of the group that they dislike but what I have found is that as a progressive a there's a lot of people in my own you know sort of ideological circles what we're becoming sort of more of a mirror image of what we don't like what we say we don't like on the right and so I found it more useful actually took all out people within my own group or when we behave badly I think that is maybe one of the most important things we can do is to not let our our own friends or our own circle of folks you know get so tribal and so focused on destroying the other side that we start perpetuating our own fake news and our own sort of this information and how does how does that go over when you call out when you call out your progressive friends for some of the things that they say that go over the line. It usually goes pretty well and the reason why I think it does is because when you when you 1st of all when you speak with someone with whom you share a goal you know whether on the election or a policy or something like that then they're much less likely to view you and they know you they're much less likely to view you as. You know an enemy or a threat so I think they take the credits. More so for instance in the Cabinet nomination you know there was a lot of discussion of basically pointing out that all the Republican you know rich old white guys they were all 'd Country Club background people just like cows and they all just like him and I just knew from the top of my head that you know Spencer son of a public who schoolteacher and I think he went on a missionary trip to Africa and working with Chris in fact if I can Koreans are the ones we can we all have the right and the I that's the at exactly I mean you know I got to I have to cut you off because we're going to have to go to a break but yes Chris because senators Coons and flake have been doing the buddy tour they were on 60 Minutes over the weekend when we come back though the panel that's been patiently waiting was supposed to bring them in in a block but we took the calls going to bring them back in the Be Vokoun to continue this conversation about the Supreme Court and how the question we're going to be talking about is has the Supreme Court ever seen this kind of political divide or are we in uncharted waters support for Casey you comes from Karmel Public Library Foundation presenting an evening with Tobias Wolff This Boy's Life 7 pm October 4th at the women's club at night then San Carlos details at Carmel Public Library Foundation dot org key easy use mobile app for smartphones is available at the App Store of your choice enjoy a full audio and full text of Casey use local stories n.p.r. And h.d. To classical station listen to Casey wherever you go with the new Casey you mobile app music legend Elton John kicked off his farewell yellow brick road tour this month support Kacie you today in your Enter to win a pair of floor seats when Elton comes to San Jose in January sustaining members are automatically entered no donation required k.z. You've got work. I make the Chopra party coming up next on point could the Cabinet nomination controversy damage the Supreme Court itself will look at the effect ever deeper politicize ation is having on the high court plus globe trotting adventurer Bear Grylls wants you to get off the couch and awaken your inner wild child he shares his ultimate survival tips that's coming up next on point from n.p.r. On point Tuesday from noon until 2 on 90.3 k a z u. N Tom I think a part in your listening to America on the line if there is one thing most of us can probably agree on it's that last Thursday Senate Judiciary Committee hearing in which Dr Christine blazin forward and Judge Brett Kavanaugh testified was an emotional deeply disturbing display and touch Kavanagh's tone was a far cry from his last appearance before the committee this statement in particular gave many people pause this whole 2 week effort has been a calculated and orchestrated political hit fuel to the parent pent up anger about President Trump and the 2016 election. Fear that has been on fairly stoked about my judicial record revenge on behalf of the Clintons and millions of dollars that money from outside left wing opposition groups. Compare that to how Judge Cavanagh described the correct judicial temperament in 2015 at Catholic University to be a good judge and a good umpire it's important to have the proper demeanor really important I think to walk in the other's shoes whether it be the other litigants the lead against in the case the other judges to understand them to keep your emotions in check to be call me admits the storm on the bench to to put it in the vernacular Don't be a jerk I think that's important. So I wanted to play those 2 clips because I just want to know if if if this is a new normal for us it's for the Supreme Court and have we ever seen the Supreme Court so politicized before and I want to bring in a and as a presidential historian a Supreme Court historian a little bit later in this segment but I want to bring in my panel now to talk this through and joining me in the studio is Debian why sees Brian Lehrer host of the Brian Lehrer Show in Los Angeles Rolling Stone senior writer Jamil Smith and from Washington City Cade a columnist Mona Charen welcome all Brian since you are here in the studio with me those 2 clips back to back are rather stark compared to what we saw last week and I am just wondering how is it possible that one person can show diametrically opposed temperaments I guess the question is which is the real Brett Kavanaugh and which is an act you know there was a lot of reporting in the last week the president trying to in particular deciding whether to stick with Kevin or bail on him did not like how passively came across on Fox News interview week ago and told him he better dial it up when he gets to that hearing or somehow got word to him to that effect. And show we saw a Brett Kavanaugh who really does have the judicial temperament that he's. In his ears on the bench and in that 2nd clip dialing it up for effect because that's what he thought would resonate with the base and save his nomination or the real Brett Kavanaugh got revealed as a partisan warrior. And the mask has come off and now he can't be trusted on the Supreme Court to be you know even handed when things have partisan overtones in I don't know the answer which is which Mona Charron the same question to you. Well you have to bear in mind that while I was not crazy about the the invocation of the Clintons and the suggestion that this is a partisan witch hunt and so forth that that cabin on gauged in here was a man who had been accused of the most gruesome crimes whose entire reputation which 2 weeks ago was sterling and the a.b.a. Gave him their highest possible rating and people of all backgrounds who have known him and argued cases before him on the d.c. Circuit court that he served honorably for 12 years you know sang his praises and reiterated that yes he had the judicial temperament and yes he was fair minded and civil and wonderful to everybody who ever appeared before him and on and on and suddenly all of that is completely trashed he is being accused of these gruesome crimes and so yeah he was he was deeply emotional he was defending his reputation and as I say he probably dialed it up to use the phrase that was just used he probably dialed it up too high and and it was it was inappropriate but totally understandable when his entire life and reputation has been called into question you know Joe I know you and I probably want to jump in and jump in on this but I did. We learned today that the f.b.i. Investigation into the allegations against Judge Cavanagh have been somewhat expanded and the fate of his nomination may all come down to not whether he drank a lot as a high schooler and college student but whether he lied to Congress about it which President Trump didn't seem to get when he was talking to reporters at the White House today take a listen to this but I can tell you I watched that hearing and I watched a man saying that he did have difficulty as a young man. With strength the one question I didn't ask is how about the last 20 years have you had difficulty the last 20 years because nobody said anything bad about him in many many years they go back to high school so Jamil this is what this is one of those situations where you know if you look on Twitter and social media there are people who are pointing out the various areas where Judge Kavanaugh his statements and there have been seem to been found to be a bit contradictory and we say. Why with the president doing this to cow Kavanaugh the way he did it does the president help or hurt judge Kavanaugh on this I think the president is trying to redefine the terms of the debate and I think that he's certainly I'm sure accomplishing that with a certain segment of America's populace but at the in the long run it's not necessarily about the allegations themselves and whether or not they can be proven by the f.b.i. Investigation or Senate Judiciary investigation and what not but it is about how Judge Kevin all reacted to those allegations how do you show your temperament how do you show your ability to not only remain composed but also to make sure that your judicial judgment to double up on those words. Can be trusted and frankly I think you know he's shown unequivocally that he cannot be trusted to. You know your case fairly you know I tremble to think what would happen should a Planned Parenthood ordinary roll or what have you be involved in a suit before the Supreme Court in which he's on the bench because there's no chance in the world you know person who's quoting Clinton conspiracy theories and all this other you know. Sort of juvenile reaction that he had to the the allegations there's no way in the world that he would hear that case fairly and that they could expect that the court would be you know in fact what it's supposed to be the blueberry legitimacy of the court is a question you know Brian what Jamil says brings me back to something that just braving up the Wall Street Journal the Supreme Court reporter at The Journal said he pointed out that you know Judge Cavanagh before he was appointed to the d.c. Circuit he was a political operative he was in the in the administration of George President George w. Bush he worked on the Ken Starr. The Ken Starr probe but once he got on the bench he's been an exemplary judge so is is Jamil being hyperbolic when he says now that Judge Cavanagh can't be trusted to hear a case fairly given judge Cavanagh's track record in the d.c. Circuit we'll all just go back on that to what I said before which is not knowing Judge Kavanaugh at all personally knowing that many have votes for his judicial temperament in his professional work on the bench but at the same time him having potentially revealed what's under that as a mask when it comes to partisan ideological issues again I don't know which Brett Kavanaugh is the real one and which is the Nascar I think Mona was saying rightly Jeff Flake said the same thing that it's understandable that if he genuinely felt falsely accused of something that. He would get a little bit lit up and angry by the same token he may have revealed something about himself in that process that goes beyond the righteous anger against false accusation if it is false accusation and revealed a bias that he had revealed before joining me now is historian Barbara Perry a director of Presidential Studies at the Miller Center at the University of Virginia she's been a Supreme Court fellow and was a researcher for Chief Justice William Rehnquist and has written extensively about the court Professor Perry thank you for being on American on the line Great to be with you Jonathan Ok so you heard the 2 clips that I played You've heard the discussion that I've been having with the panel I would love to get your thoughts here is there a new normal for the Supreme Court now or have we have we ever seen the Supreme Court so politicized before oh my goodness yes so everything old is new again or vice versa or the more things change the more they stay the same I guess would be the thing the quote and we only have to go back to I think not very far to 2000 to Bush v Gore. Al Gore Wendell Holmes once said that the court was there was a quiet up about the court and you walk into the building there's this very quiet almost church like atmosphere but he said it's the quiet of the storm center so so often the court in our history has been right at the center of the storm in the eye of the storm and Bush v Gore is the most recent example and then back from that you go to the Earl Warren Air I was grew up in Louisville Kentucky I can remember as a child driving around the city and seen a big billboard that said Impeach Earl Warren back to the 1930 s. And f.d.r. Fighting it out with the court over over the New Deal and it actually goes all the way back to the founding in the Federalist and the Jeffersonian duking it out over judgeships at all levels of the federal courts but certainly at the Supreme Court level so. We think of the court as being above the muck and mire of daily politics and typically they are but there are these times where they get thrown into the maelstrom or they enter the Hellstrom and then we particularly notice that during these more contentious Supreme Court hearings over nominees what purpose of Harry during during his testimony last Thursday judge Kavanagh said that Democratic opposition to his nomination was quote revenge on behalf of the Clintons what do you think the nomination of Judge Cavanagh will do to that perception that the Supreme Court justices are impartial or so as opposed to be impartial Well I think you raise a good point Jonathan others on the panel have tonight and I think this is the new normal part not that oh my goodness there's a controversial nomination that's happened throughout Supreme Court history or oh the court has stepped into a political thicket and it's controversial that's happened off * and on throughout its history but this new normal is the nominee himself making this kind of political statement even all the way back to Justice Thomas and people have gone back of course to the needed Hill hearings because those are the closest that we have to what happened on Thursday of this past week but but even Judge Thomas at the time while he was angry and bitter and you could hear the emotion in his voice he didn't burst into tears and he didn't make the kinds of of just a verb political and partisan statements the judge Kavanaugh did on Thursday so the way I'm describing it is that Judge Kavanagh went down the Trump inroad he added the kinds of emotion that Trump brings to the the political hustings and he added the partisanship in the kinds of divisions that Trump has made the new normal in American politics and now in Supreme Court nomination politics you know Professor I'm glad you brought that up because as I was listening to Judge Kavanagh's 45 minute opening statement there last Thursday. Thinking that this was not for the American people this was not for the committee this was for and the this was an audience of one speech an audience of one opening statement. What impact do you think that will have going forward whether he is confirmed or not on judicial Supreme Court nominees but also on the court I think it was as you say an audience of one for certainly the president to try to maintain his support for himself Judge Kavanaugh that is but also the audience of supporters the constant referrals to beer and and liking beer seem to be going for that Trump in bass so to your point what happens if Judge Cavanagh is confirmed by the Senate and put on the Supreme Court I think it's going to be hard for people to see him in that neutral arbiter role that I thought that now Chief Justice John Roberts described so eloquently people can disagree if they wish about the analogy of a Supreme Court justice being the pyre and calling the balls in the strikes but that is the height of the sort of the Platonic Guardian view that we have of Supreme Court justices they're supposed to be again above the fray and they are only human but I once interviewed Justice O'Connor and I was asked her about being Obama woman and how that had an impact on Certainly her appointment and maybe after and she said you know we're all the sum total of our experiences but when I walk through the door of this court every day I try to leave that behind and I think she really did try to do that and I think most of the justices have done that and that's why the court has these very high approval ratings certainly compared to the other 2 branches over the last 50 years Professor I'm just one and can people given the overtly partisan statement statements made by Judge Kavanagh if he is confirmed to the to the Supreme Court seat if you do it becomes the 9th justice and. Against go before the court and he's there can people demand that he recused himself from there and demand it but it's up to the judges and justices themselves to to recuse and so it wouldn't it wouldn't help for someone to make that argument they can make it but if he doesn't choose to do so he doesn't choose to do so you might recall some of the controversy about Justice Scalia and his friendship with Vice President Cheney right and whether or not he should recuse So it's up it's left up to the judges and justices at the federal level to do that but I think that's where it will be hard for people to give Cavanagh a fair shake in the sense of looking back at what happened on Thursday and saying can he really step back now and be that objective arbiter calling the balls and strikes without any partisanship or favor in the little bit of time we have left I want to. Ask you a process question here because with your longest time you needed a Supreme Court nominee needed to have a super majority of the Senate 60 votes to be confirmed and now all the attention is now focused on depending on the day's senators Collins Murkowski Manchin in West Virginia now you only need a simple majority of the Senate to confirm a Supreme Court justice how did that happen right well you might recall that that's been a tussle between the Democrats and the Republicans in the Senate and the filibuster went away under the Democrats for the lower federal courts the district courts in the courts of appeals and the Republicans got their revenge by saying Ok we're ousting it for Supreme Court nominees I'm sure now the Democrats rue the day that they went down this road but recall that back in 196869 Justice Fortis was nominated and promoted up to chief or attempted to do so by Lyndon Johnson he was filibustered to death he did not get through and get that promotion to chief because he was filibustered by conservative Democrats in the south and. Thank and serve of Republicans so back in the day filibusters could prevent someone from going on the court Real quickly you recently quoted it you were quoted in piece in The Times reelection strategy that might hinge on the Democrats taking either the House the Senate or both if Democrats do have their Blue Wave How would that set up a Trump presidency in 2020. Right so my point there was presuming there's not an end to a successful at impeachment if the Democrats would take back both houses presuming there is not an impeachment and a successful conviction in the Senate right that would be awfully hard because hard to say that the Democrats would get the supermajority still needed by the way for the impeachment to have to come to a conviction my my point was actually to go back to Harry Truman looking at history and say you know give him hell Donny Truman lost in the midterms he lost the Senate and the House a Republican but he gave them hell and he came back and had that improbable win in $1048.00 So if history is any kind of predictor could be the case for Trump should he run in 2020 or so Professor Barbara Perry director of President Presidential Studies at the Miller Center at the University of Virginia thank you very much for being on America on the line. When we come back the other political news of the day it was we'll be taking your calls and we're still going to be talking about Cavanagh But what is your prescription for the toxic political atmosphere that the vibes What do you do to get along with family and friends whose political politics are the opposite of your own 844 some 458255 you know the day's news can seem like a barrage of information well Maj and n.p.r. As hitting the pause button we're asking one more question getting a different perspective and explaining how something affects your life listen every day n.p.r. Daily on 90.3 k.z. You you can get your news fix as soon as you wake up tune in to the latest on the economy just standing around looking at the wreck when somebody ought to be moving the wreck off the high. Economic traffic can proceed what's happening in the arts the materials that are challenged and banned are the books that say something about the human condition wake up to the world with Morning Edition from n.p.r. News. Stored your day with Morning Edition weekdays until 9 am on 90.3 k.z. You I'm Linda Swick and I'm a k a z u member I've been a k a c u listener and supporter for over 10 years I especially enjoy the non-biased reporting and the programs like fresh air Science Friday wait wait don't tell me I never want the station to go away and if I can do anything to give back to the station I will I'm Linda Swick m a k a c u member and you can join me at k.f.c. You dot org. I'm Jonathan Capehart and this is America on the line a news and call in show about the midterm elections we're taking your calls on the question how do we get our warring political tribes to chill out if you have family and friends you strongly disagree with politically how do you make it work our number is 844-745-8255 I would love to hear from Republicans who are trying to deal with their progressive their progressive friends and family who just don't get it now last Thursday we asked for your overall impressions after watching Dr blousy Ford and Judge Kavanaugh testify we had dozens of calls after we went off the air and here are a few who recorded their opinions on our voicemail Christine saying come back. In this area is just a problem in Denver Colorado from Chicago response of the question of how we feel about the hearing. Of an attack when I wish I still more might Mir's about it 66 years old who has a problem but we have telling the truth it is almost impossible to say one is definitely won or talked about high school as a Democrat. He showed on a critically Not only that he no longer has a judicial temperament a crocodile tears from Cavanagh that he is deeply partisan that somebody as we walk on our Supreme Court and so mortified by think that he needs to be withdrawn after the freeing our candidates. Rejoining me now Mona Charen syndicated columnist from Washington Jamil Smith senior writer for Rolling Stone in Los Angeles and here in New York in studio with me Brian Lehrer host of w n y sees the Brian Lehrer Show now the f.b.i. Has now interviewed one of Brett Kavanaugh friends from high school p.j. Smith his lawyer released a statement this afternoon quote he truthfully answered every question the f.b.i. Asked him and consistent with the information. He previously provided to the Senate Judiciary Committee he indicated that he has no knowledge of the small party or gathering described by Dr Christine blazin forward nor does he have any knowledge of the allegations of improper conduct she has leveled against Brett Kavanaugh this comes from Eric Bruce p.j. Smith's lawyer and he wrote this in a statement on Monday so that's catching everybody up on this let me come to you because in this investigation that the f.b.i. Is now conducting that has to be done by Friday there's been a little. Little confusion one point the investigation was going to be limited but then the president said no it's not limited I want them to talk to everybody but the f.b.i. Is not talking to everybody right. Well I'm not sure they can't possibly talk to everybody in the time allotted a but there does have to be some rule of reason on how deep to go into this and and while Dr Christine Lahti Ford was very persuasive it is also true that we haven't heard from her parents we haven't heard from until today that we hadn't heard from the other people at the party that is not fuller statements and and interviews so you know it is it is. Necessary to to get a little bit more clarity on what might have happened but we also have to have some modesty here it was 36 years ago the chances of a really thorough investigation unearthing anything at this point are probably limited so we we have to live with that ambiguity I think Jamelle do we have to have some modesty here I mean wouldn't it make sense to talk to Mark judge to talk to Deborah Ramirez to talk to. Juliet young miss white neck of course it would and then I think you know it's certainly possible that they can do so but it seems least per the report that was published by The New Yorker by Jane Mayer and Farrow that it seems like the f.b.i. Has been slow footing this investigation to say the least people who are key to you know finding out the truth have nothing contacted people who have tried to volunteer that information have been refused he saw one former associate of his. You know published a statement in The New York Times because frankly he hadn't had a chance to be heard by the f.b.i. So I think the artificial time limit put on this is ridiculous I think that it's obviously you don't engineer to you know produce a certain outcome but at the same time I think the truth can emerge if Behind does its job or Brian can the truth emerge the truth light up emerge maybe just a partial truth. What emerged and to that point there may be an incredible historic historical on any shaping up with Kevin having worked on the Clinton investigation in the ninety's and having said that thing last week about revenge on behalf of the Clintons the focus may wind up shifting increasingly from what actually happened at the party that Dr Ford remembers to whether Cavanagh is being truthful and Bill Clinton was impeached for lying about sex under oath one of the things the f.b.i. Is possibly investigating right now is whether Brett Kavanaugh lied about sex under oath at that contentious hearing last week there was that phrase in his yearbook Renate London in which he said was not a reference to a girl who some guys allegedly had sex with it may turn out that it was and there are other lies related to sex that even if it turns out there's no evidence demonstrating sexual assault that they may be checking in if any of that turns out to be a demonstrably line a real lie well Bill Clinton was impeached for lying about sex under oath that is that is an interesting parallel you bring up there Brian I asked for a Republican Republicans to call in to talk about how they're dealing with their progressive friends and family in this contentious time that we're in and Andrew in St Louis Missouri called in Andrew thank you for calling in to America on the line . Told. I man drew and 1st time ever called into a radio program but this is great it's a great show I didn't love them I love listening to it. And anyways I always try to engage but it's difficult and that big city band I am a Republican but yet I just try to have at their level I kind of know what their what their counterpoints they're going to give me or but I I try to try to talk about things like gun control and Judge Kavanaugh and all these other things. Been trying to try to ease into the subject a little bit because I so I keep my friends still want to still want to work with these people other people not. All but. Here to are those are interesting Andrew so when you when you're talking to your friends about gun control and Judge Cavanagh. Since we've been talking about Judge Cavanagh let's stick with him what is the one thing that you hear from your progressive friends and family that you completely disagree with and tried to convince them. To come around to your point of view. It's mostly whether or not the whole thing was either a political hit job or is truly a sex sex assault or. It's it's difficult to kind of. Kind of come at that in a kind of a. Cover my like a nice little angle at that but I do I try to try to point out when when the allegations came to like the coincidence of when it happened but I will leave open that possibility that yes he could be a bad guy and this whole cover my eyes is a good thing that Republicans are doing to try to fill out fill out the missing info and see if he's a good guy or not a 1000000 problems they might be a good guy. I don't know I just I try to try a big knowledge that their point you could be right and try to leave that open Andrew I want to thank you very much for calling in to America on the line and for for doing your part to keep your friends and family and to keep the conversation going so I want to turn to back to the panel here this situation with the judge Cabinet nominations at the Supreme Court there was already last week we talked about this huge gender gap that's opening up. For wrote for Republicans and support of the president between men and women but now there's a new Quinnipiac poll and it finds that voters disapprove of Trump's handling of the cabin nomination by 49 to 42 but women disapprove of it by 54 to 36 in college educated white women are once again driving this disapproving by 5835. Ever since 2016 election I skipped a cola polls but when you hear numbers like this do they ring true to you. Oh yeah there's no question that that the Republican Party is losing women in droves particularly young women the numbers among millennialists are just staggering. So it is something the Republican Party if it were smart would be worried about at the same time I think there is a very strong likelihood I haven't seen the polling on this yet but I think there is likely to be a backlash against the me too movement by Republican women some of whom will see this as weaponized saying a movement which until now has been bipartisan and has not been political and has felled men of both parties and all philosophies but now it seems to be sort of aimed at a political end very overtly and I think that there will be some resentment about that on the part of Republican women and in fact in that Q poll I did see a graph that The Washington Post ran where it did show of all the demographic splits Republican women saw it uptick in support of Judge Kavanaugh Jamal I hear you trying to jump in here yes I mean think about what the caller brought in was a really important point and that is we must be intellectually honest when we have these conversations and I think you know we have to realize here is that Republicans have bet their future on 2 things one is a lack of intellectual honesty and number 2 is they have bet their future on the misguided rage and resentment of white men in general and so that is what is at stake here that's what we're seeing play out we didn't expect to see it play out in the Supreme Court nomination fight but we Steffen at least see it play out in you know the policies and certainly in the behavior of this president so I think that you know we really just need to broaden out and really see what the core issues or at hand here I really don't think it's that surprising that we're seeing. You know this kind of gender divide I think it's being in junior by the policies and behavior of this party and speaking of the gender divide here's something that I'm wondering if this is at all helpful to the president. And the gender gap that he has has today in the Rose Garden and an extraordinary announcement of the new the new NAFTA and then and long press conference where he took questions from the press corps he took a question from a.b.c. News White House reporter Cecilia Vega Take a listen to how that went you know go ahead. She's shocked that I picture the state of shock and I'm not thinking that's a no you're not thinking you never do I'm sorry now go ahead. That was pretty extraordinary Brian I mean we know the president talks about the press and very. Disparaging terms but for him to do that to a. Female member of the White House press corps just even hearing it yet again it's so it's it's shocking in how. I meant a loss for words and I think he also cut off another woman reporter in a curt way when she yesterday what if Cavanagh lied under oath I think that was the question. Of c.n.n. So maybe for the absurd contrast of the day Trump also said that he and Kim Jong un have fallen in love he actually said that that they started off rough but Kim has now written a beautiful letter to him and they're in love one of the most brutal dictators in the world often seen as running the worst government on the planet but he in Trump are in love according to trump and women journalists who asked tough questions or haven't even asked a tough question yet as in Sicily a Vegas case the enemy of the people and they don't think let's you brought up Caitlin Collins from c.n.n. Is the other female journalist who was called on by President Trump and take a listen to this it's very quick Ok So yes go ahead please can you promise you know what you really have no I say or you've had enough now he said that was very quick it's only about 5 seconds but Caitlin Caitlin Collins you hear that tale and of her trying to ask the president a question and he keeps talking over her as she tries to ask ask her questions I mean Jamil the journalist job is hard but when the president this disrespects. Women journalists like this and I put it like that because I can I mean he does that to men but in this moment that we're in it just to me the speaking personally . It hits me it's rather galling Yeah I mean this president certainly has a habit of disrespecting both the press and women and doing so openly and I think we've become a little bit too a nerd to that I think we it's not quite enough of a problem in this in our society but I think that yes you have here an example of him not being able to contain his borish nature and. It press conference you don't get to choose which questions you get asked and I think you have a good made that point herself afterwards you don't get to select you know what facts there are you know get brought into the conversation you get to answer the question and I think frankly if President Trump was not willing to be a part of that he very frankly he should never have run for public service and I know that that sound may be a little bit of a given the fact that he's the president and there's all these kind of you know benefits of the office right he loves but I mean frankly he is a public servant he answers to us in the press as an extension of the public needs to quickly either under understand that or be made to understand it by the people in other people or of ones who have a voice here and when I'm going to give you the last word on this but I also in your in your response I want you to respond to this are we slash me am I making too much of how he treated Cecilia Vega and Caitlin Collins Well I understand your reaction and I shared a little bit but I do have to say that in the president's defense he is an equal opportunity jackass and has gone after men in the most demeaning possible ways that he can think of at the moment he after all he is most famous controversy a comment at the beginning of 2016 was about John McCain and then challenging his heroism he made fun of Rubio's sweating he said the case it was a slob he cues Ted Cruz's father of having been in on the john f. Kennedy assassination it goes on and on so yeah he's grotesque to women but he is to men as well so that's my defense of the president you know I want to in the little bit of time we've got time to play it here is what Senator Flake and Senator Coons had to say about the Cavanagh nomination if Judge Kavanaugh is shown to have lied to the committee. Nominations over. Type of thing so and yes or no answer Brian you agree yes or agreed the nominations over if he's found that have lied I think they could get to a point where they're quibbling over how bad a law is it should be Mona. It's going to depend on how senators Collins Murkowski and flake interpret what is a lie and isn't and with that we have to go thank you all for being on America on the line tomorrow it's all about the Moeller investigation will see you tomorrow. 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You come from Spencer's tree service specializing in dead tree removal and structural pruning to keep trees healthy for the long term more information about tree removal and tree pruning at Spencer's tree service dot com Next time on the world meet Jesse he comes from a Mexican American family he's been incarcerated for half of his life he was told early on not to mix with prison inmates who are not like him you know we don't engage with them we don't do business with them and if you do you're going to get in trouble at least you're going to get beat up our words you're going to stab but that's not true in every prison we go to one where change is happening on the world join us for the world Tuesday evening at 6 on $90.00 k a z u k a z u news covers Monterey Bay Area people places and issues you'll never miss a local story when you subscribe to our podcast k a z you listen to local find it on Apple podcasts or Google Play. Well have mostly cloudy skies tonight with a slight chance of showers after about 11 o'clock Los will be in the mid to upper fifty's then Tuesday a chance of showers and thunderstorms in the forecast after a late morning. From California State University Monterey Bay This is member funded 90.3 k a z u Pacific Grove Monterey Salinas and Santa Cruz n.p.r. For the Monterey Bay area in London Hello and welcome to News Day on the b.b.c. World Service with Lawrence and me James Copnall. We're back in Indonesia this morning where the pressure is on to help those hit by the tsunami hundreds of thousands waiting for food water relief many are asking who's in charge closer leading scientists are meeting a South Korea this week to see if global temperatures can be kept from rising by more than 1.5 degrees Celsius this century great science using a diamond light source to study the internal structure of the moon rocks which is kind of important because as you'd imagine there's not many moon rocks here on Earth using nondestructive techniques is really important to us there's still a lot to be done on the ones we have but we have to be careful of what we have. In California as businesses there I'm happy with a new law stating that they must appoint women to their boards who are coming up on news day after this bulletin It was nice. Live from n.p.r. News in Washington I'm she Stevens President Trump is slamming Senate Democrats and the fight over Brett Kavanaugh Supreme Court nomination N.P.R.'s trial Snyder reports on the president's Monday night rally in Tennessee President Trump told an enthusiastic crowd in Johnson City that Democrats only know how to obstruct demolish and destroy Democrats who want activist left wing judges who will totally rewrite your laws or race your borders and replace your values you know what that agenda is the president accused Democratic senators of trying to slow down the new background investigation of Brett Kavanaugh the president was in Tennessee to boost support for Congresswoman Marsha Blackburn she's locked in a tight Senate race against Phil Bredesen to seize Democratic former governor Jon campaigned in West Virginia over the weekend and is planning stops this week in Mississippi Minnesota and Kansas trial Snyder n.p.r. News President Trump is celebrating what he calls the biggest trade deal in u.s. History Canada's prime minister Justin Trudeau is also talking up the benefits at the new continental Trade Agreement as Dan carpenter shop reports from Toronto Trudeau's as the United States Mexico Canada agreement will modernize and stabilize the economy and guarantee a higher standard of living over the long term the Canadian prime minister says the agreement still needs to be ratified by all 3 countries but util says he and his American and Mexican counterparts agree that this trade deal would strengthen their close partnership not everyone in Canada is pleased representatives of the dairy sector say it will undercut their industry by opening up the Canadian market to American products and there's concern that the tariffs on Canadian steel and aluminum are still in place but the head of unifor the Auto Workers Union says overall u.s. M.c.a. As it's now known will provide benefits for Canadian workers and the economy for n.p.r. News I'm Dan carpenter can Toronto u.s. Officials they trumpet ministration rules are preventing the Pentagon from restarting a program that brought non-citizens with critical medical skills or. In Demand language abilities into the military and allowed them to become citizens Homeland Security officials have told the military they cannot protect the immigrant recruit some deportation when their temporary visas expire. Crowd gathered in Las Vegas Monday night to recognize the anniversary of the mass and an open air concert last year survivors victims' families and others gathered in a downtown memorial garden space created by volunteers miles away from the attack site $58.00 people in the gunman died in the attack and more than $400.00 others were injured aftershocks continuing in Indonesia for days after a large quake and tsunami devastated much of central Sulawesi Island the disaster claimed at least 840 lives and destroyed thousands of homes and the search continues for trap survivors the hardest hit area is near the island's capital city Palu this is n.p.r. News. President Trump has awarded the Medal of Honor to a former Green Beret who fought in the war in Afghanistan former Staff Sergeant Ronald sure was cited for treating wounded members of his team and evacuating them to safety while under enemy fire in April 2008 sure it was initially rejected by the military because of a medical condition he was accepted after enlisting a 2nd time following the 911 attacks Shura now work for the Secret Service several beaches on Florida's Atlantic coast have been closed because of toxic algae known as Red Tide N.P.R.'s Greg Allen reports had a severe red to tide event that's caused fish kills in the Gulf is now moving up the East Coast a red tide algae bloom has been causing problems along Florida's Gulf Coast for at least a year crews have removed thousands of pounds of dead fish from beaches near Fort Myers and Sarasota red tide is also responsible for the deaths of dozens of dolphins now Florida's Fish and Wildlife Conservation Commission says the Red Tide algae has been carried by currents into the Atlantic forcing the closure of beaches and Palm Beach and Martin counties Mark Perry with the Florida oceanographic Society says the beach goers it's obvious when Red Tide is present money come over the game and to the beach is literally all state you breath away Florida officials say in the past red tie blooms have been carried by currents as far north as Delaware Greg Allen n.p.r. News Miami the u.s. Postal Service is selling forever stamps commemorating the 50th anniversary of Hot Wheels a pane of 20 stamp showcase photog.