progressive firebrands:could progressive moves from packing the courts to ending the filibuster, pushing for statehood for puerto rico in washington dc to seal democratic majorities in the senate. washington post reports the biden campaign is annoyed with that marky for raising the court packing issue. team biden wants to focus on most polarizing issues now just 42 days from election day what do voters deserve answers from biden and his running mate kamala harris about the to for issues, progressive base which democrats must keep on board like some of his answers. >> i think the socialists, that's how i got elected, i got the nomination. do i look like a socialist, look at my whole career. i am not a socialist. shannon: we will find out what republican senator john kennedy thinks in a minute when he joined us. welcome to fox news at night. kevin cork kicks off off with the latest maneuvering over the supreme court, good evening. >> despite losing susan collins and lisa murkowski it would appear gop has the numbers to push forward the president's supreme court nominee. a name we will learn officially this saturday at 5:00 pm at the white house. >> thank you. very positive. >> reporter: in retrospect it may have seemed a bit halfhearted but donald trump tonight at a rally in pennsylvania actually thanked his longtime gop nemesis mitt romney for siding with him and backing our reelection that on his soon to be announced supreme court nominee. >> the decision to proceed with the new nominee is consistent with history and precedent and that is where i come out. >> by backing a vote romney becomes the latest and perhaps most consequential gop domino to fall all but assuring the president's picked will not only receive an up or down vote but likely a confirmation. democrats are fighting back limiting the gop's ability to hold committee hearings on capitol hill in retaliation for republicans trying to fill the high court vacancy in an election year. >> we can't have business as usual when republicans are destroying the institution as they have done. >> we have an obligation under the constitution should we choose to take advantage of it with a president of the same party as the senate to advance a nomination. we will certainly do that this year. >> the president has said as many as 5 candidates are under consideration, sources tell fox news it is a 3-person race, with judge amy kony barrett of the second circuit court of appeals favorite of the eleventh circuit's logo and judge joan larson of the sixth circuit. timing for the could prove critical with arizona's how the contestant senate race between gop senator martha mcanally and democratic senator martelli tightening. achilles victory, and he's leading the polls by 6 points, could put him in office as early as november 30th shrinking the gop senate majority, complicating the nominee's past the confirmation. to say nothing of the court weighing in on critical issues like what happens with all the mail-in voting. justice ginsburg's body will lie in repose at the supreme court wednesday and thursday and then in the state at the f statuary hall friday, a first for a woman, breaking barriers even posthumously. shannon: continuing to make history, the president taking some heat for some of his comments during that rally, first about national guard members breaking up protests in minneapolis. >> sometimes they grab one guy. i'm a reporter, i'm a reporter, get out of here. they threw him aside like he was a little bag of popcorn but honestly when you watch the crap we all had to take so long when you see that, you don't want to do that but when you see it it is a beautiful site. >> the president marked a cnn reporter he said was hit in the knee by a tear gas canister. breaking tonight, moderate house democrats considering breaking ranks, frustrated by their party leaders and inability to reach agreement with the white house on another round of coronavirus stimulus for americans, growing number of centrist democrats may sign up to a discharge petition designed to force a vote on legislation that would extend the paycheck protection program and provide emergency for small business aid in all they need. the choice between the former vice president, between scranton pennsylvania and park avenue. what about the support joe biden is getting from wall street backers. the gop push to fill the supreme court vacancy in the issue of court packing. jackie heinrich reporting live from wilmington, delaware with the latest. >> reporter: joe biden said his peace sunday urging senate republicans not to seek a vote until after the election but he and his running mate have been trying hard to stay on the sidelines of this political battle. retribution is on the table if donald trump's third supreme court nominee is confirmed and democrats win back the white house and senate. possible plays including adding justices to the same court account balance a 6-3 conservative majority but biden didn't like the idea of court packing. >> next time we lose control they had 3 justices, we lose any credibility the court has at all. i would not pack the court. >> reporter: yesterday in wisconsin biden refused to say how he feels now about the hypothetical scenario looking less hypothetical saying let me tell you why i'm not going to answer that question, it will shift the focus. that is what trump wants. harris is also silence. >> democrats pack the court? senator harris? >> biden double down on his please republican senators. >> the constitution says the one since the american people have to decide to influence the court is the people they vote for. >> reporter: he won't say who you would nominee if elected, donald trump thinks he knows why. >> you found out who he was going to be picked he would be unelectable. >> biden said there would be no list until he consulted with both parties. >> putting the judge's name on a list like that could influence that person's decision-making is a judge and that would be wrong. >> reporter: biden heads to north carolina on the wings of big fundraising although he says this election is about park avenue versus scranton. 's fundraising isn't entirely grassroots. as of june, more than half of wall street donors, he got a serious lift last month from past republican donors in california. shannon: thank you. plenty of democrats are talking about court packing. kamala harris, directions from peter doocy as you saw, let's pick up right there. republican member john kennedy of louisiana, good to see you. i want to read something from the washington post, they are talking about the strategy the vice president has for previously during the primaries we heard him talk about the fact the court packing would not be a great idea. now used inuring saying i don't want to answer the question because it changes the subject and that's what the president wants me to do. some on biden epstein have been aggravated by calls on the left to extend the court. biden advises are reluctant to get in missed in a fight that could alienate centrist voters rather than weighing in on such ideas, less polarizing issues, a tough question. do you think potential voters deserve to know whether this vice president and the man who wants to be president support court packing? >> yes and let me make two points, number one, senator schumer, is also talked about court packing has been telling anyone who will listen that we should not fill this vacancy because it is an election year. the constitutional provisions on filling a supreme court vacancy are unaffected by the electoral calendar. we are going forward and anyone who thinks senator schumer would not do the same thing if the shoe were on the other foot probably also believes jimmy hoffa died a natural death. number 2, some, and all but some democratic colleagues have threatened america, they threatened us, tucker carlson said it well last night, they are saying if you don't do what we want, we will hurt you. if you don't do what we want, we will hurt america. we will destroy the united states supreme court as an institution by packing the court. shame on them. they are to hide their head in a bag and that is just further demonstration of the fact that they don't understand the role of the united states supreme court. they think justices are just politicians in robes. they think justices have the right to rewrite the constitution every other thursday to advance a political or social agendas that they can't get by the voters and that's not why our founders set up the united states supreme court or any of our federal courts. >> reporter: doesn't the former vice president have an opportunity to clearly state he's not with that section of his party. chris wallace is going to have to have questions next week and i expect he is going to be pushed on whether he thinks you should get rid of the filibuster or pack the court or any of the other things being proposed at this point because a lot of folks on the left are saying this is fair, you mentioned destroying the supreme court as an american institution, they say that is what you are doing right now. >> to answer your question yes, vice president biden needs to answer that question. if he criticizes donald trump's nominee for the supreme court as i suspect he will, he needs to tell the american people who he would appoint. like it or not, the supreme court vacancy has become may be the most important issue in this presidential race. and donald trump is shortly, i'm told going to tell us where he stands. i think vice president biden needs to do the same thing and he needs to either support or condemn his colleagues who have threatened to destroy the us supreme court by packing it, by turning it into a bunch of politicians in robes, sort of a mini congress if we don't do what they want. he needs to attack that head on. >> i would like you to respond to a tweet from share, the entertainer for decades, well loved and known saying this with our hope for care gone, decency, truth, equality, hope for new prosperity for all gone. what is left, lies, deceit, laws, gone that displeased the tyrant, too many american values gone to enumerate, president kushner, ivanka, junior, how these men sell their souls, so like a reference to your colleague mitt romney, senator from utah's decision to go ahead with this vote, how do you respond to people, that is the extreme version they see of what you're doing, there's a section of this country who views your actions that way. >> i would respond by saying share's music, i suspect many of the beautiful people in hollywood agree with her, how brave they are. they are not exactly a cross-section of the american people and i don't think many americans pay much attention to what they say. shannon: i will put you down for not syncing from the same hymnal for now. we will watch as these hearings and the committee you are on could be an important spotlight in the coming weeks. always thank you for your time. there is growing criticism on the left of the vaccine that could arrive in weeks as a result of operation works the vision number of top democrats say they would hesitate or have serious questions about anything backed by the president. rick leventhal is taking a look for us tonight. >> reporter: we are hearing from and how critical it is to come up with a vaccine for covid-19 but now with the electioneering leading democrats adjusted is being rushed to too soon and can't be trusted. the washington post reports the fda is about to rollout tough standards for any emergency authorization for coronavirus fixing making it exceedingly difficult to get when cleared before election day. the higher standard set to be an effort to boost public confidence which could be eroding in part because of statements from candidates for the highest offices in the land. >> i will say i would not trust donald trump and it would have to be a credible source of information that talks about the efficacy and reliability of whatever he's talking about. i will not take his word for it. >> i don't trust the president on vaccines. i trust doctor anthony fauci. if he says the vaccine is safe i will take the vaccine. we should listen to the scientists, not the president. >> reporter: and maypole showed 42% of adults would get the vaccine. 30% probably would but this month the number of definites was cut in half to just two of 10. the fda's beefed-up standards before mid november. >> hopefully that will give people some added information if it helps them in making their decision but we are hearing tonight more scrutiny about what qualifies as a covid-19 death, we passed a difficult milestone. >> placement the cdc released figures showing the vast majority of people who were listed as dying, 94% of them had other morbidity conditions. on average two or three other potential causes of death. now we have numbers for milwaukee county that may be even more startling. as of this past sunday, 410 out of 422 deaths attributed to covid-19 occurred in patients with other underlying, potentially deadly health conditions, 97% suffering from diabetes, heart disease, leukemia, call in prostate cancer and more. most had 2 or 3 conditions, some had 5 or 6 serious illnesses but all of them were listed as covid-19 death. even if they weren't tested for the coronavirus, if they had symptoms that was the listed cause of death and covid-19 was never named a secondary cause or cause other. it was always the primary cause. is one example. cause a, coronavirus, cause other, heart failure, diabetes, parkinson's, cardiovascular disease, renal failure. that is one patient but in milwaukee, for the medical examiner every person who dies with covid-19 dies from covid-19 no matter how sick they already were. >> people who weren't even tested for covid-19 head that listed as their cause of death? >> if doctors thought they had symptoms of covid-19 they listed covid-19's cause of death. shannon: thank you for digging into that. protesters taking their message into the suburbs where they say no one is going to rest until things change. will that strategy backfired? our panel standing by. .. i feel like we're forgetting something. let me check. xfinity home gives you peace of mind from anywhere with professionally monitored home security built around you. no, i think we're good. good. so when you're away, you don't have to worry. the tent. we forgot... the tent. except about that. xfinity home. simple. easy. awesome. hey look, i found the tent! get xfinity home with no term contract required. click or call today. shannon: the seattle city council voting tonight to override mayor durkin's veto of three of their bills to cut funding and jobs in the city's police department. this means the council's proposal to cut the police department and the city's navigation team with new spending and community programs they remain in place. a 9 one one call to the california home of defend the police's alyssa milano sparked an emergency response over what turned out to be a teenager shooting at squirrels with a gun. images of the response to the daily mail. let's bring in fowler and murdoch to discuss the latest development, good to have you with us. we have seen this again and again, reports about who called the police, the police will show up, when you talk about the funding them, they are going to show up, that is their plan. >> they are supposed to thank god they did, kind of comical but what if it was something serious, or robber or stalker, somebody who wanted to kill alyssa milano or her family but i find this hypocrisy said, not terribly surprising, so many in hollywood preach one thing, practice another, she says defend the police but when something like this happens she doesn't color social worker, she picked up the phone and called 9 one one. something similar in minneapolis where they defunded the police, city council said we don't want the police to be out there, crime shot up and now the minneapolis city council is wondering where are the cops, why aren't they showing up, this happens when you defund the police, you castigate them, vilify them and something goes wrong, you pick up the phone and call the cops. they are not around as much as they used to be. shannon: i want to talk about a piece in the new york post, new york times, talking about how some protesters there are some divisions in these groups about their tactics, moving into places like white residential neighborhoods, tactic by dividing supporters, some worry the confrontational approach will antagonize people who would be otherwise receptive to the message or playing to conservative critic of the protests which have been largely nonviolent nationally. for a lot of people when they see the video of people eating at restaurants being confronted on the streets, now they are going to neighborhoods and shining lights into people's homes, changing and keeping them up, do you worry about hurting the underlying message about police reform and justice, the electoral impact of turning off voters. >> great question and herein lies the truth, the truth of the matter is wild provocation and engaging in violence including in rioting isn't the way to get things done in this country, the way we get things and is using your voice and peacefully protesting. let's be clear, when you think about what community policing actually means and how we do it effectively it just means every american citizen has all the rights afforded them in the constitution. you have the right to privacy, you have the right to not get double jeopardy, these are basic rights communities are asking for and it is prudent that we find a solution on how we get to those solutions and if you are looking for an example the best example is louisville, kentucky were in the breanna taylor settlement what you saw the mayor and the city do is what reforms can we do? can we hire more mental health care professionals to deal with mental health calls, can we encourage police officers who live in neighborhoods where they serve? these are minor steps we can take to ensure we rebuild trust and create safe and welcoming communities no matter the zip code? >> rand paul sponsored legislation that would crackdown on no knock warrants which were huge problem in the breanna taylor case. a lot of folks trying to work on that horrific situation. i want to read something the governor in florida propose a new penalty that went up from all charges to felonies if you are attacking law enforcement, targeting, participating in violent assemblies, saying we want to stand with the men and women of law enforcement, reaction to the tweet, direct abuse of the, justice to disenfranchise minority voters by upgrading offenses to felonies. desantis needs to be brought up on felony charges with a mandatory minimum of 10 years in jail, that is the reaction to him saying we will get tougher on these protests. >> a very odd reaction. i agree with governor desantis. if you want to protest peacefully that is part of the first amendment, part of america's tradition and wakes -- what makes us a perfect country but when you pick up a rock or brick or molotov cocktail and hurl it at somebody want to be arrested and taken to jail and in lancaster county, pennsylvania last week people got violence, were thrown in jail and put under $1 million bail and the violence stopped at once, people got the message and things got very cold. compare that to portland's where the prosecutor, district attorney has no interest in prosecuting people, people and riot charges were met back on the streets in half an hour and a couple hours and they continue rioting. protest peacefully. as soon as you get violent get cracked down on. shannon: 10 seconds, we got to go. >> it is pretty simple. if you want to solve the problem, if you want violence to end talk to the people, protesters, find out what they are demanding, find out what reforms they want, what they need to make the community safe, work with them. sit down with some like you do in louisville, when you do that you can put a end to the peaceful protests because their demands would have been heard, you won't have violence or looting or rioting. shannon: folks need to hear each other, have constructive ideas. thank you, good to see you. some media targeting supreme court nominee amy barrett over her face. we will dig into that question next. robinhood believes now is the time to do money. without the commission fees. so, you can start investing today wherever you are - even hanging with your dog. so, what are you waiting for? download now and get your first stock on us. robinhood. five blades and a pivotingglide flexball designed to get virtually every hair on the first stroke, while washing away dirt and oil. so you're ready for the day with a clean shave and a clean face. shannon: judge amy barrett is considered one of the front runners to be the presidential nominee for the supreme court. she and her husband belong to a charismatic catholic community called people of for a. newsweek ran with that information and publish the headline reading how amy coheny barrett's group inspired the handmaidens tail. they soften the approach and clarified the author of the handmade's tail never mentioned that group as inspiration for her work. how charismatic catholic groups like amy kony barrett's people phrase inspired the handmade's tail. robert george had plenty to say about anti-catholic sentiment. welcome back. >> such a joy to be with you. jillian: i want to read something from senator ben sass calling out anti-catholic bigotry. judge barrett reads the bible, praise and tries to serve her community. why is that anathema to so many on the left to our opposing her at this point and the mainstream media? >> they don't like her views, they don't care for her religious views and worry the conservative moral opinions associated with those views will result in her ruling in ways counter to the way they think the constitution should be interpreted according to them but the anti-catholic bigotry they are exemplifying is disgraceful, brings back memories of the anti-catholicism against al smith in 1928, against john f. kennedy in 1960, in our country, it would be beyond this kind of disgraceful shameful behavior but evidently they are not. i think it won't work. americans are fair-minded people who don't like bigotry of any sort, they don't like anti-religious bigotry, this will not end of hurting judge barrett but it will shame and embarrassment them. shannon: the ap questionnaire she did when she was questions and voted through, with a couple democratic votes to her current position on the federal bench, she was asked as they all are about positions of various things, in the 2017 white house questionnaire she was asked about her views on abortion if she thought it was always immoral, she didn't answer the question directly but that if i am confirmed, the seventh circuit come my views on this or any other question will have no bearing on the discharge of my duties as a judge. that is what we say we want, for someone to set aside their personal feelings about anything and interpret the text of the law and the controversy in front of them. >> you know as a lawyer there is a fundamental and crucially important difference between law and politics, between adjudication and legislation. a judge is not meant to be a legislator. a judge is not meant to bring her own judgments to say what the law should be. a judge's responsibilities to apply the law as written by somebody else, the constitution and people who ratify the constitution making, if it is a statute, the federal level or the state legislator. it is not the authority or right of a judge to simply make up law because it corresponds to his or her moral or political beliefs and judge barrett, like any other good judge whether they are on the left or the right side of the spectrum will respect that distinction between law and politics, between adjudication legislation and pledge to be a faithful, loyal interpreter of the law and the constitution is written. shannon: how do you predict the confirmation hearing will go this time around? >> it will depend who the nominee is but if a person of enormous ability of accomplishment and distinction like judge amy coney barrett is the nominee i don't think her opponents will be able to stop her. she will get the 50 plus one votes she needs for confirmation. i am hoping the president will make an outstanding nomination. judge barrett would be an outstanding nominee. he has said he will choose a woman. there are many outstanding women but i will be very pleased if it is amy coney barrett. shannon: we will watch off to the races, always good to see you. general kellogg, national security adviser to the vice president made a rare appearance to the white house briefing to talk about a former aide who left the administration and began attacking the president, jillian turner takes the story from there. >> reporter: getting more as the story breaks but first let's uncover what happened, the white house flight is leading up to donald trump botched coronavirus response, caused unnecessary american deaths. at the white house briefing today rare appearance by general keith kellogg, national security adviser, scathing criticism of the work on the coronavirus task force. >> i fired her for her performance started to drop after 6 months working on the task force. i went to the vice president of the united states and recommended she be -- >> it was terrifying. >> reporter: said the general kellogg is lying to protect the president as i reside of my own accord and was asked to stay. she claims kellogg gifted her on her last day, not be action of someone he says he did. it began in summer went for left the white house after serving two years as senior policy aide working on homeland security, counterterrorism and coronavirus task force. police later, she dropped the bombshell claiming donald trump new as early as january the virus would cost american lives. a claim she's now repeating. >> when you're a politician you shake a lot of hands, you have to shake a lot of hands. so maybe covid-19 is a good thing, right? i can't imagine how any honestly normal human being with other say that out loud. >> the white house says the whole thing reeks of desperation. >> troy's detail was cut short and she is cutting commercials for fringe club of never trump are 2 are desperate for relevancy and the price of admission to this club is fabricated smears. >> reporter: national security forces pushing back against general kellogg. they sell fox news he and mike pence praise troy's work in recent months and also point out the white house itself was so happy with troy's work that after the first year they asked her to stay on it extended her detail. shannon: thank you. joe biden refusing to release a list of possible supreme court nominees. the conservative article project it for him. he did they put on biden's list next? me and stay ahead of the mess but scrubbing still takes time. now there's dawn powerwash dish spray. the faster, easier way to clean as you go. it cleans grease five times faster on easy messes, just spray, wipe, and rinse. on tough messes, the spray-activated suds cut through grease on contact, without water. just wipe, and rinse. get dishes done faster dawn powerwash dish spray. spray. wipe. rinse. >> anybo >> putting on a list like that will be subject to unrelenting political artifacts because any nominee i would select will not get a hearing until 2021 at the earliest, she would endure those attacks for months on end without being able to defend herself. >> the former vice president refusing to release a list of potential supreme court candidates, the conservative article project is doing that for him. mike davis joins us to talk about the list they have compiled. good to see you, mike. let's start with what the vice president said. if i release a list this person will spend months being attacked, hounded and investigated with no way to defend themselves, that's one of the reasons he gave. is that not legit? >> donald trump did the unprecedented move of releasing a potential list of supreme court pics in 2016, helps donald trump win and upset victory against hillary clinton, he has since updated that was three times including adding 44 current names. the american people can go look on the website the white house website and see the difference between the types of judges donald trump would pick versus the left-wing radicals any vice president biden would pick. >> one more note, he said another reason he wouldn't do it is putting a judge's name on the list could influence that person's decision-making as a judge and that would be wrong or create the perception of influence. >> he can come up with any excuse he wants. i think the reason is the types of judges president biden and vice president harris would put on the supreme court would scare the heck out of american voters. shannon: you decided to scare the heck out of american voters were putting together your own list, i these people you legitimate you think? he has given strict criteria. he says it will be an advocate american woman, he will place the first african-american woman on the supreme court bench so tell us how you came up with your list. >> we came up with this list by looking at what the liberal outside groups have put out, they put out a list of 12 finalists on the biden shortlist, if you look, we have people like stacy abrams, the yale law grad who ran for governor of georgia, she is someone who demanded justice on the supreme court, it is important for the american people to look at her record and the dc circuit judge, second highest court in the land, people should look, she has compared being pregnant to conscription, women are pregnant as breeders because she is an abortion industry favorite. the american people should go look at this list of article 3 project.org and decide for themselves whether they want people like this on the supreme court if they want the 44 names donald trump publicly released on the supreme court. shannon: on our screen chris wallace has a debate just days from now with these two contenders and i expect he's probably going to push them on the issues of the supreme court, we expect to have the president's nominee named by then and whether they will continue to press biden on whether he will release a list as well. at any point before the election do you expect to see a list of names from him? >> not at all because again the types of people president biden would put on the board would shock the american people. shannon: we know he's getting pressure from the left they want to see his list, his getting pressure from the right, they want to see his list, the strategy seems to be staying away from polarizing issues and questions about whether he would pack the court as well. we will see what chris wallace presses him just days from now. thank you. okay. the suspect accused of sending a letter laced with rice and appears in court as we learn from stunning new details in that case next. pilot. still a father. but now a friend. still an electric car. just more electrifying. still a night out. but everything fits in. still hard work. just a little easier. still a legend. just more legendary. chevrolet. making life's journey, just better. ♪ i got it all from you ♪ i'm always pushing through ♪ i know we'll make it to the finish line ♪ ♪ i know you're waiting on the other side ♪ ♪ i'm like you on-demand glucose monitoring. because they're always on. another life-changing technology from abbott. so you don't wait for life. you live it. >> you tonight, a woman suspected of mailing and letter addressed to the white house an containing the blaze and rice and meat at court appearance today in buffalo, new york,. alex hogan chose has tonight. shannon: alex? >> federal charges of threatening the president of the united states. investigators say the canadian woman mailed in six writing the letters last week, one of them was intended for the white house. although it never reached the president the affidavits is the canadian woman call the president and ugly tyrant clown, give up and remove your application for this election so i made a special gift for you to make the decision, the gift is in his letter. if it doesn't work i will find a better recipe for another poison or might use my gun. the suspect appearing in a buffalo federal court room with a french translator. customs and border protection officers found the suspect trying to enter the us carrying a gun. christopher ray speaking about the effort to take her into custody near the peak bridge border crossing. >> an individual in custody is the product of partnership not just between federal law enforcement in the us but also our key partners in canada. >> reporter: the royal canadian mounted police executed a search warrant of a home in montréal connected to the suspect. not the first arrest in the us. in 2019 police in texas charged her with unlawfully carrying a weapon intemperate with the government record, the charges were later dismissed. in court prosecutors told the judge they believe she's a flight risk, and he will stay in buffalo until her next court appearance monday. shannon: good news, check out this incredible footage of the us coast guard rescuing twee 7 people clinking to the cyber capsized boat in tampa. the coast guard seen guiding the group to safety amid choppy waters and rain in the nick of time, the group is recovering safely on dry land. thank you to all the brave men and women in uniform and the folks in the coast guard making sure these folks got home safely. most trusted, most grateful you spent the evening with us. i am shannon bream. turbocharged, right? yes it is. jim, could you, uh, kick the tires? oh yes. can you change the color inside the car? oh sure. how about blue? that's more cyan, but. 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