all of a sudden, the hearings are over and the rumors start coming out. then you have this other con artist, avenatti, come out with another beauty today. look, these are very dishonest people. these are con artists. the first knows it but the press doesn't write it. i could pick another court justice, i could pick another come another one, another one, this could go on forever. someone could say 35 years ago, ten years ago, five years ago, he did a horrible thing to me. this is just a game that they are playing. it's a con game at the highest level. we are talking about the united states supreme court. >> tucker: we will continue to cover this storyit all night tonight and obviously throughout the weekdend and into next. the week and into next. there are many strains of it now. one thing we learned for certain, democrats badly want control of the supreme court and they will do whatever it takes. they are afraid the latest exhibit comes from a lawyer for pornographic actors, stormy daniels, who has a new layer tonight. her name is julie swetnick. she alleges that about 35 yearsl ago, brett kavanaugh was part of a group of teenage boys in the washington, d.c., area who committed a series of gang rapes. kavanaugh himself seem to be bewildered today when he wasas asked about the claim. he described it as being part of episode of "the twilight zone." in the coming days we will have time to carefully assess all of these claims and the many counterclaims in the story and we will bring all of that to you.th but tonight we will ask you questions and several come to mind. here's the most obvious one.es what exactly is them allegation here in this new claim? richard blumenthal did not hesitate to give his assessment of what it is. watch. >> what we have now, for the first time, is a sworn affidavit that specifically identifies a brett kavanaugh as seemingly raping a woman who has been drugged. >> tucker: "seemingly raped," said senator blumenthal. what does it mean? is important to ask because everything current on that question. swetnick claimed that kavanaugh rape-800 her. did brett kavanaugh commit to rape??ha none of that is clear from swetnick's account, which is far more suggesting that it doesn't stating. read it for yourself. she does claim that she was sb raped by a number of boys. was it kavanaugh among them? we don't know. which itself raises another question, why doesn't her statement spell out clearly what she claims kavanaugh did. what is clear is that according to julie swetnick, horrible things happened in a series of parties in suburban maryland in the 1980s. not talking drunken naughtiness, these are war crime level atrocities. as the type of thing that the u.n. would investigate. groups of young women drugged and gang raped, it's horrifying. so why hasn't anyone taken us to law enforcement? did he contact maryland police first? they are the ones with jurisdiction here. are they investigating this? is it the first time they've seen these allegations?? and if it is the first time, how can that be? swetnick describes attending at public drugging and raping took place. boys were lined up in a queue to rape. did any of the many people at these rape scenes mentioned these crimes to police, friends, parents, then are in the years since? washington is a very small place. among the permanent population here, everyone knows everyone or know someone who does. so where are all the witnesses to this? where are the people that have spoken to witnesses about it over the last 35 years? did swetnick herself tell anyone over that time? kavanaugh's attorney beth wilkinson raised these a questions today.e >> i have had people call me and email me saying they know him, they were at the parties, they've never met her and never seen her. they've never heard of any of these allegations. if this was happening over two years with all these women and all these men, someone else would have heard about it and would have reported it by now.pe >> tucker: fair questions. what's the answer? and by the way, what was julie swetnick doing at these parties? swetnick graduated in 1980 which meant she would be in college at the time that took place and yet she went to parties with high school kids. at these parties she saw horrific gang rapes, many of them until she herself was gang-rape-80. she never told anyone about it, including the police. most baffling of all, how did the fbi missed the fact that kavanaugh was part of prolific teenage rape ring? he's had six federal background checks and staff secretary, he had the highest possible security clearance, one that allowed him access to this country's nuclear codes. fbi agents would have spoken to huge variety of people who knew or knew of kavanaugh during his high school years and yet not one of them mentioned he was a serial rapist who committed his rapes in rooms of classmates. how did that happen? and if it did happen, we know that fbi investigators are criminally incompetent. so incompetent they missed a glaring fact like that. so why would they want them to reinvestigate kavanaugh a seventh time? many people wonder about all this, but not the media. how dare they ask, they scold, questions are forbidden here. >> when you hear lindsey graham, a sitting senator, say things like i find it curious that these charges were not brought forward until 2018, come on. >> and it's more than that. he said, i hope people will be highly suspicious of the allegation because why would she go to ten parties, why would " "indicate reasonableo person continue to hang around like this"? if you talk to people in the world of the people that advocate for victims and survivors of sexual violence and sexual assault, they call this victim blaming. >> tucker: they call it victim blaming, but it depends on who you think the victim is. dumb people on television have already made up their minds about that and they would like you to shut up. but there's no reason you should, you're an american citizen and it's your country. it's your supreme court and your justice system.. this process does not belong to cable news anchors or creepy porn lawyers or u.s. senators who have decided to give up on duend process and instead would like to robe accusation and screaming. it belongs to you, too. t you have a right to ask anyyo questions you want and expect adult answers, and you should. tonight breaking as well, the senate judiciary committee haswe released new transcripts of two interviews with brett kavanaugh about the allegations against him. mollie hemingway joins us to discuss all of this. first, to the claims brought by stormy daniels' lawyer today. how do you assess them? what questions come immediately to mind when you read them? what effect do you think you will have in the process? >> this woman is alleging that while she was an adult she attended parties that were hosted by children where other children were raped by the minors in attendance. she asserts by her own claim that she attended ten of these parties and witnessed these gang rapes and that she continue to go to them, doing nothing, while she was an adult in these children were engaged in this behavior. i find it difficult to believe that story on its face. as you know, many people in the media are taking it very seriously and they think it's very real, that judge kavanaugh was a leader of a child gang rape cartel that somehow manage not to be discovered until four days before he was about to be confirmed on the supreme court. that's something that i think most journalists should be skeptical of. they should have a natural skepticism. they rightly pointed out that it was wrong to engage in a conspiracy theory about pizza gate and child rape then, they condemn people for that. but here they are promulgating this information that most people i think would say is a little difficult to buy. >> tucker: since you live in this area, do you think it's plausible that if you had gang rapes taking place in public in a crowded room, not just one but ten of them, serial gain rapes, nobody could be located to corroborate that this happened? >> if there were ten gang rapes parties, it would be much evidence to support this claim and it would be shocking that it hadn't come out already. i find it shocking that any woman would see a child being gang raped and didn't do anything about it.e much less that she would continue to go to parties where this happened. it's a very difficult thing for me to believe although maybe she has evidence to support this. >> tucker: raising most questions, i will remind you, his victim blaming.r: you should beos ashamed. >> the first story that came out seems like it at least it could be a possibility but each subsequent allegation is getting more and more ridiculous and that makes it seem like the entire thing as a coordinated effort rather than a serious problem that serious people should be taking. >> tucker: very quickly, i hate about you on the spot, do you think that the nomination process will go forward or will this successfully do what's hidden intended to do, which is stop at? >> apart from the politics, it's important for i the country that we not make this the standard by which we allow things to happen. it's very important that people not be able to be bullied out of a and it is so crucial that we domination by outlandish claims believe people are innocent until proven guilty to say that these claims don't come close to meeting the standard of guilt is a huge understatement. i think it's important for everyone to not let bullies control the process and understand that people do have i right to have a fair, normal and sane nomination battle. what we are seeing now is none of those things. >> tucker: no, it's not. barely half a day from testimony of christine ford, what can we expect to see when we see that? we will talk to someone who's very close to the woman who will be doing the questioning tomorrow of ford. plus alan dershowitz, a man committed to fairness even when it cuts against his own position, will tell us what we should expect tomorrow for those hearings. what might restore faith in dueo process and our system. ♪ due process and our system. ♪ >> president trump: we have george >> we have george washington, the democrats would vote against him, just so you understand. and he may have had a bad past. he may have had some -- i think some accusations made. didn't have a couple of things in his past? george washington would be voted against 100% by schumer and the con artists. ♪ you wouldn't accept an incomplete job from any one else. why accept it from your allergy pills? flonase relieves your worst symptoms including nasal congestion, which most pills don't. flonase helps block 6 key inflammatory substances. most pills only block one. flonase. endless shrimp is back at with all the shrimp you want, any way you want them. there's new sesame-ginger grilled shrimp with savory soy-ginger sauce and sprinkled with asian seasoning. and favorites like garlic shrimp scampi! but endless shrimp won't last endlessly, so hurry in. just follow what he says and it'll help- sorry i have to take this. we're good. hi. uh no i need it right now, yeah... my life was narrated for me by others. their voices were forceful, emphatic, absolute. it had never occurred to me that my voice might be as strong as theirs. the most inspiring minds. the most compelling stories. download audible. and listen for a change. "have you lost weight?" download audible. of course i have- ever since i started renting from national. because national lets me lose the wait at the counter... ...and choose any car in the aisle. and i don't wait when i return, thanks to drop & go. at national, i can lose the wait...and keep it off. looking good, patrick. i know. (vo) go national. go like a pro. ♪ ♪ >> tucker: if christine ford appears before the senate tomorrow as expected, she won't simply be speaking to members of the judiciary, judiciary committee, she will also speak with sex crimeses prosecutor rachel mitchell who has been tapped to ask questions as an outside counsel. but what sort of person as rachel mitchell, what did she do? what type of prosecutor has she been? this is rachel mitchell's boss. thanks for coming on. >> you are very welcome. >> tucker: "the washington post" put out a statement saying, "clueless old white guys picked someone from sheriff joe arpaio's operation." is she from sheriff joe arpaio's operation? >> no, she's not, she's a deputy county attorney which means she works for the maricopa county attorney's office. >> tucker: thanks for clarifying that. what will she be doing tomorrow if christine ford attends this hearing? >> if the hearing does gof forward, my understanding that she will assist the judiciarysh committee in trying to obtain information and trying to get to the ground truth of whatever allegations have been made and cover the scope of those during the hearing. exactly how she's going to do that, i've left her alone as i do with my prosecutors when they are about ready to go into trial and she will be developing that line of questioning based upon her training, background, and experience. whatever specific guidance she might get from the committee on areas of inquiry they want her to cover a. >> tucker: what are her posture? what her assumptions going into this? when she speaks to someone who has alleged a crime, h a felony against somebody else who says she's a victim, is the assumption from the prosecutor that she is telling the truth, that she's not or is it neutral? >> it's neutral. what rachel will do is go in and start by listening, and listen to what the allegations are, listen to what people are saying. victim-centered focus as a prosecutor, but that doesn't mean you can't accept it as a ground truth everything that's said.ru it's really important for prosecutors and something she's been doing for about 25 years to listen to all the facts,. assess what can be proven, what can be corroborated, what needs corroboration, and then conduct an overalln, review of the information that she's got an order to make a decision. ordinarily for us as prosecutors that decision is whether or not we should charge somebody with a crime, seek an indictment, and prosecute. that's not the scenario we have right here. by that basic approach to getting information, trying to assess credibility, and what type of cooperation there might be, that a skill set equally applicable. >> tucker: i've noticed watching the story unfold, almost everyone on the periphery of it has been sucked in and damaged. brett kavanaugh's childhood friend mark judge, most people had never heard of him, is now the center of very intense criticism from the left because he's been named. do you think she's ready for he hasn't said anything. do you think she's ready for that? she could see her own character assassinated if she asks questions that democrats don't like. >> unfortunately, tucker, that's not new for prosecutors. we get accused of things every single day. back here in the home jurisdiction, those who have litigated against rachel, worked with her or worked for her, know what her reputation is.te and it's based upon her performance, her actions, and how she treats other people. and nothing that happens in the hearing tomorrow will help with that. she will be able to go back to her job and pick up where she left off and she is very well grounded, professional, fair, and objectives. when she's done with that, she will be able to leave it behind. that was a task that she was she'll perform it and then it will be done. just like prosecutors have to move from one case to the next, particularly in this area where her background is in sex crimes, you have to be able to deal with the case, work with the victim, seek justice from the accused, then go to your next case. >> tucker: seek justice. no one is seeking justice, i would be glad to see her ass the only person doing that tomorrow. thank you very much. you've made us all feel better hearing that. >> you are very welcome, tucker. thank you. >> tucker: both ford and kavanaugh will be asked questions in the senate tomorrow. which of those questions be? joining us as a former doj national coordinator for child exploitation prevention and interdiction. if you were crafting the questions, to these two people whose stories do not match one another, what would those questions be? >> tucker, first, you have to challenge each account. you challenge kavanaugh's denial just like you challenge dr. ford's account. that's what a good prosecutor does. your previous guest hit the naia right on the head. prosecutors review cases and prepare for trial with an eye toward justice, not a conviction, but justice. and here you've got an account that has some credibility issues, and you expect this prosecutor, this seasoned prosecutor to go over dr. ford's memory, to talk to her aboutec other events that were happening in her life at the time, to test her memory, to ask about the circumstances of the first or closer to the therapist, the circumstances of the letters she hadet written. and the inaccuracies in some of her accounts. at least they are internally inaccurate. one point she says, it's her and four boys. at one point she says two boys are in the room and then another it's four boys and two girls. then it's four boys and one girl. all of these inconsistencies will be challenged by the prosecutor. >> tucker: do you think, having work done on criminal cases at the doj, that it's legitimate that justice officials will come at a case with assumptions based on immutable characteristics. in other words, there is a man, there is a woman, but we know that women tell the truth all the time and men often like him or vice a versa. what happens to the justice when you approach those on those terms? it's not justice, tucker. social media for saying that this #ibelieveher is absolutely. that is -- 200 years of jurisprudence, and it's not a criminal trial, it's a job interview. i don't care what it is, you are calling someone a sex offender and a rapist and he has absolutely every right to have those allegations challenged, tested, and even questioned, and that's not victim blaming, it'sc simply seeking justice. >> tucker: what you said used to be obvious, i don't think i met anyone who would disagreee with that, but now it seems half the country seems what you're saying is a micro-aggression. if not a macro aggression. where does that leave us? can you get justice in a place where people assume that immutable characteristics create behavior? >> this is so appalling to me, you might as well fire every prosecutor, a police officer and defense attorney in this country if we are going to proceed on the assumption that people are guilty merely because of a bare allegation. keep everyone in jail who is there, let everyone just start writingn in letter allegations and makeha an allegation that someone goes to prison. that's not the country i grew up in and it's not the country of the prosecutor in for many years and it's not the country want to be in. >> tucker: it's not the country i want to live in either, i don't think any of us do. thank you very much for that perspective.e. >> thank you. >> tucker: despite what you heard, many in washington are calling the presumption of innocence an impediment to justice rather than a critical part of it. we will ask one democrat if that's really the world we want to live in. plus alan dershowitz joins us to weigh in on the kavanaugh story in some detail. stay with us. ♪ in some detail. ♪ when heartburn hits... fight back fast with tums smoothies. it starts dissolving the instant it touches your tongue... and neutralizes stomach acid at the source. ♪ tum tum tum tum... smoothies... only from tums [kno♪king] ♪ memories. what we deliver by delivering. to me, he's, phil micwell, dad.o golfer. so when his joint pain from psoriatic arthritis got really bad, it scared me. and what could that pain mean? joint pain could mean joint damage. enbrel helps relieve joint pain, helps stop irreversible joint damage, and helps skin get clearer. enbrel may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders, and allergic reactions have occurred. tell your doctor if you've been someplace where fungal infections are common, or if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if you have persistent fever, bruising, bleeding, or paleness. don't start enbrel if you have an infection like the flu. since enbrel, dad's back to being dad. visit enbrel.com and use the joint damage simulator to see how your joint damage could be progressing. ask about enbrel. enbrel. fda approved for over 15 years. >> tucker: at more and more democratic lawmakers >> tucker: more and more democratic lawmakers are saying in public something most of us never thought we would hear. due process is ridiculous, let's get rid of it. accused of doing something bad decades ago, it's now your job to do you prove you didn't do it.e >> there is no presumption of innocence or guilt when you have a nominee before you. >> doesn't kavanaugh have the same presumption of innocence as everyone else in america? >> i put his denial in the context of everything i knowsu about him in terms of how he approaches his cases. >> we have a constitutional duty to get to the bottom of these allegations.he judge brett kavanaugh has a responsibility to come forward with evidence toh rebut them. >> kavanaugh, who is seeking a lifetime appointment to the supreme court and who i now think bears the burden of disproving these allegations rather than dr. ford and miss ramirez. >> tucker: richard goodstein has thought ary lot about due process and he advised both bill and hillary clinton's campaigns. can you think of any period in american history where the presumption of innocence and due process were suspended in cases where people were accused of sexual misconduct and they were punished? >> i don't think presumption of innocence really plays a role. >> tucker: has that ever happened in american history? was there ever a time where we, like right now, said we accused him of it, and he must be guilty? of course he is guilty. >> this is not a jury, we don't have a presumption of innocence and it's certainly not a criminal proceeding where we have to prove something beyond a reasonable doubt. this is -- you're last guest said derisively, it's not a job interview. it kind of is. well, if anyone of these senators was hiring a chief counsel and it came up with all these allegations were out there, i don't think it would just plunge ahead. it wouldn't plunge ahead and hire them. >> tucker: you know what you might do, actually, it is make someone undergo six separate personnel fbi investigation sufficient to give them access to the nuclear code -- oh, wait, they did that to brett kavanaug kavanaugh. or if he was part of a teenage rape ring, do you think that would have come up in any of those investigations? t >> i think that's a red herring because the fact is, years ago somebody would have said bill cosby was a pillar of the community, and meant it. until one woman came out and and somebody else i'd come that happened to me, too. and then it was 60. i think that is true for brett kavanaugh? the point is, if the fbi had in ane investigation of bill cosby, they wouldn't have found that, either. >> tucker: but this is different than what bill cosby was just sentenced for. the allegation now is that brett kavanaugh participated in public rapes, he stood in line in a queue of boys waiting to rape a woman in the middle of a party,r among his peers in a very small, tightly knit community right here in washington. so is it really plausible -- and he did this not once, but ten times. honestly, be real with me. does that make sense to you? >> the answer to that is, bring her in and have her testify in public. >> tucker: i'm uncomfortable with that. >> what makes me uncomfortable is that the fbi is not being brought in to investigate that. that was true with dr. ford's allegations and all these others. >> tucker: may i ask an obvious question? this has been going on for a month, his confirmation. it's the night before the hearing, right before the vote. why, anytime in the last 35he years, did she not report this, these multiple rapes that she saw?w? > for the same reason the bill cosby victims didn't go public until they saw -- oh, it wasn't just them.. who knows how to account -- >> tucker: do you think that sounds possible? >> i'm saying, the answer is, -- >> tucker: i can tell you -- >> i'm saying, the answer is, put somebody under oath and have them testify. each of these women -- >> tucker: she already has written this under oath. >> each of these women is asking the fbi under penalty of perjury and criminal prosecution to them to investigate. nobody is asking the fbi -- >> tucker: let me ask you one more time. does this account, which you have read, make sense? this woman attended nine separate gang rape parties, went to the tent and was raped herself and stopped going. brett kavanaugh himself was at these parties and nobody mentioned it in the ensuing 35 years. does not raise any flags for you at all? >> i bet you a week from now, i bet you however much that somebody comes forward and says, -- and that's his problem. once this starts going out, like with bill cosby, if there are others out there, he's going to be on the bench, is going to be one, another, it's like, really? what's the rush? >> tucker: what is the rush? it's been 35 years. if you have two gang rapes in the middle of a small community -- >> why not investigate it? it would take the fbi three days. >> tucker: why if he was a serial rapist was he allowed to walk free for 35 years? what's the obligation to the rest of us? i'm not victim blaming, i'm asking a sincere question. >> let's get the facts out. >> tucker: thank you very much. kristen gillibrand doesn't just oppose the presumption of innocence, she says the supporters are evil. mark steyn joins us to discuss that. plus alan dershowitz here to explain how tomorrow's hearings with judge kavanaugh and christine ford ought to go. stay tuned for that.z h ♪ hey guys. today we're here to talk about trucks. i love trucks. what the heck is that?! whoa! what truck brand comes from the family of the most dependable, longest-lasting full-size pickups on the road? i think it's the chevy. ford. is it ford? nope, it's not ford. i think it's ram. is it ram? not ram. that's a chevy! it's chevy! that's right. from the family of the most dependable, longest-lasting full-size pickups on the road. gorgeous. chevy hit it out of the ballpark with these. sometimes you need an expert. i got it. and sometimes those experts need experts. on it. [ crash ] and sometimes the expert the expert needed needs insurance expertise. it's all good. steve, you're covered for general liability. and, paul, we got your back with workers' comp. wow, it's like a party in here. where are the hors d'oeuvres, right? [ clanking ] tartlets? we cover commercial vehicles, too. i think there's something wrong with your sink. >> tucker: a president trump had a bizarre exchange of with jim acosta of >> tucker: president trump had a bizarre exchange with jim acosta of cnn today. acosta suggested the president had a duty of some kind of to take about judge kavanaugh from a female reporter, just as soon as jim acosta got to ask the question. >> if you don't mind after i'm finished, if one of our female colleagues could go after me, that would be great. mr. president, to follow up on these allegations -- >> what does that mean? what does he mean by that? >> i think it would be great if a female reporter would ask you a question about this issue. so if you don't mind -- >> i wouldn't mind that at all, it wouldn't make any difference to me. >> tucker: [laughs] jim acosta, a big warrior for women. as long as he gets to go first. author and columnist mark steyn joins us tonight. so let's just be literal for a minute. what does that mean exactly? >> i'm not sure. in press conferences, though, if jim acosta is in the room, i'm in favor of women and childrend first, and i hope all the lifeboats are gone before jim acosta. this is actually far more condescending and sexist than all the old, dead, whitete republican men on the senate judiciary committee. >> tucker: [laughs] >> chuck grassley and orrin hatch are in their worst nightmares couldn't be more sexist and condescending than that. women reporters generally are tough, they don'tha need gentleman jim acosta to hold the door for them, to let them through so they can get a question in. roslyn russell, in "his girl friday," rose russell played a tough, no-nonsense reporter and she would have punched his lights out. >> tucker: i'm not making any specific claims against anybody but have you noticed that the people who make the loudest noises about what feminists they are tend to have a more spotty record with women in their own lives? t >> yes, i think that's absolutely true. i think that's what's underpinning some of that. i think there is an element of projection in the hold democrat media savagery. they have had a rough year and lost the senator, they've lost john conyers. on the media, they've lost some of the most weighted figures. whether it's charlieie rose, whether it's matt lauer, whether it's harvey weinstein. all of these m people that cursd angela brandt has photographed with. >> tucker: let me ask you about christian driller brand. she, has the curse of this kavanaugh story, hasn't simply ignoredth her due process, or te presumption of innocence, she's bricked about ignoring it. watch this. >> to those who i hear say over and over, this isn't fair to judge kavanaugh, he's entitled to due process, what about presumption of innocence until he's proven guilty? he's not entitled to those because we are not actually seeking to convict him! h >> tucker: we have another sound bite which i want play because i don't think i can handle it. she basically says if youas support due process and presumption of innocence, you're part of the process, problem so shut up. o this feels like the beginning of something new and ominous. >> it's absolutely awful. lord chancellor in england did the thing that eventually became the u.n. declaration of human rights, the presumption of innocence isn't just a criminal court value, it's actually a human right, it's a civilizational value. it's with the viscount called "the golden thread" in english law. what these people like kirsten gillibrand, who is a lawyer, is actually doing, is taking it and cutting up the golden thread. she says it's not a criminal court. no, it's beyond that. it is in it, it's advise and consent. actually, it's a u.s. equivalent of the lord chancellor. the lord chancellor. the lord chancellor in england appoints judges, the senate does it here. what that does come over the state actually says there is no presumption of innocence, 100 americans out of 300 million get to be u.s. senators, and if they don't believe in the presumption of innocence, that is something that every american should be concerned about. when the most powerful figures in the land, like kirsten gillibrand, are willing to trash -- you mentioned mark judge. for the next 30 years, when anybody googled his name, all they are going to see is that he apparently led all these gang rape parties all across the land. >> tucker: everyone is being destroyed and everyone is terrified.. thank you so much, mark. >> thank you. >> tucker: after the show, mark will rejoin us for a live book signing on facebook. it will be alive on our facebook page. copies of the book, "ship of fools." if you would like a copy, you can order it after tonight show on facebook. that is after tonight's show on facebook. we will be back. not every person on the left is like kirsten gillibrand. thank heaven. alanbr dershowitz is still demanding due process and will do that on our show after the break. ♪ how do you win at business? stay at laquinta. where we're changing with contemporary make-overs. then, use the ultimate power handshake, the upper hander with a double palm grab. who has the upper hand now? start winning today. book now at lq.com. ♪ >> tucker: the brett kavanaugh story has heard an awful lot of people already but the big victim may be america's basic sense of justice. norms like the presumption of innocence, due process and fairness itself have all been shoved aside in a political frenzy. the question is, could tomorrow's hearing start to undo the damage?ic joining us now is a man who has relentlessly defended fairness at great personal cost, even wanted works against the party he votes for, the democrats. he is of course alan dershowitz, author of "the case against impeaching trump." and we welcome him now. professor, thanks very much for coming on. so, what do you want, not as a partisan or someone who votes with democrats, but as someone who cares about preserving our justice system? what do you want to see in these hearings tomorrow? >> i want to see the greatest engine of truth ever invented, namely cross examination. and i'm worried that we don't have the right people. the woman who has been hired tos conduct the cross-examination has probably rarely ever cross-examined anybody. she's a prosecutor. prosecutors put on cases and mostly defendants don't take the stand. so this is a woman with 20 years of experience as a prosecutor but no experience as a defense attorney, so i don't think she's the right person to question dr. ford. there needs to be cross examination not only of her, but of the new avenatti allegation. that affidavit is so deeply flawed and so open-ended thatea any good lawyer, any good defense attorney would be able to tear that apart in 30 seconds. it's an embarrassment to the law that anyone would file an affidavit like that filled with hearsay. filled with i was raped, but heated in rape, there were witnesses and people told me, i have been ten times. i went back and i knew there were rapes going on but i went this is such a deeply flawed affidavit. >> tucker: let me ask you about that. cross some line where there could be professional consequences? there is a professional bar association, could they act onrt that? >> i don't think it reaches that lying but it certainly is an extraordinarily weak affidavit.a i want to know who drafted and why they didn't fill in the gaps. wasd she raped, as she said, by kavanaugh, by judge, did he see it? was in the room? if there were gang rapes like that, how did it not get to the police? it's a shocking affidavit. any lawyer who loves cross-examination would love nothing more than to examine a witness holding that affidavit in his hands and saying, here? here. here. but avenatti doesn't care about that. all he cares about is getting the headline, the headline has been gotten. maybe she will testify and maybe she won't. but if she testifies, she will be cross-examined in a very effective manner by a good cross examiner. >> tucker: i wonder if we are reaching your place on the social pressure on all of us not to ask real question, not to see if the claims aligned with common sense, has become so intense, that everyone is toogn afraid to ask real questions? >> oh, it's terrible. you had it will burn today on television say that it's sexist to appoint a woman lawyer. she would have said it was sexist to appoint a male lawyer. you need a gender neutral robot now to cross examine if you want to avoid claims of sexism, it's a no win. cross-examination must be effective and it must be tough.n it has to be respectful. you can be respectful and tough but do not pull punches. there is so much at stake here. a man's life, his reputation, his career, his family, the women, their credibility. the people of america having a justice sitting on the supreme court, the stakes are too high. i don't agree with republicans that you have to take a vote on friday, i don't agree with republicans that there shouldn't be a continuing background check. there's no reason not to have a background check. time should not be the determining factor when you are putting somebody on the supreme court for a lifetime. truth has to be the determining factor. we can't let this vote happen until we know whether these serious allegations did or did not occur and there can't be a presumption of guilt. >> tucker: there can't be a presumption of guilt, you are one of the very few saying that. this moment must be driving you crazy. professor, thank you very much for defending values i thought we all had in common but apparently we don't. >> thank you. >> tucker: dozens who know brett kavanaugh well are defending him tonight. one is here for her first television interview after the break. ♪ - in a crossfit gym, we're really engaged with who we are as people and making everybody feel welcome. ordering custom ink t-shirts has been a really smart decision for our business. i love the custom ink design lab because it's really easy to use. they have customer service that you can reach anytime. t-shirts help us immediately get a sense of who we are as a group. from the moment clients walk in, they're able to feel like part of the family. - [spokesman] custom ink has hundreds of products for your business and free shipping. upload your logo or start your design today at customink.com. ...if we listened more? could the right voice, the right set of words, bring us all just a little closer, get us to open up, even push us further? it could. if we took the time to listen. the most inspiring minds. the most compelling stories. download audible. and listen for a change. download audible. what i just introduced you worto my parents.g? psst! craig and sheila broke up. what, really? craig and shelia broke up!? no, craig!? what happened? i don't know. is she okay? ♪ craig and sheila broke up! craig and sheila!? ♪ as long as office gossip travels fast, you can count on geico saving folks money. craig and sheila broke up! what!? fifteen minutes could save you fifteen percent or more on car insurance. when you rent from national... it's kind of like playing your own version of best ball. because here, you can choose any car in the aisle, even if it's a better car class than the one you reserved. so no matter what, you're guaranteed to have a perfect drive. [laughter] (vo) go national. go like a pro. see what i did there? >> president trump: in this case, you are guilty until proven innocent. i think that is a very, very dangerous standard for our country and with that being said i look forward to what she has to say. i also look very forward to what judge kavanaugh has to say. >> tucker: that was a president at his press f conference today. more than 60 of brett kavanaugh's childhood friends have now signed a statement defending him as a man and defending him as a character. missy bigelow car has known him since high school and she signed that letter. thanks for joining us. when you hear these allegations levied against a man you've known for 35 years, what's your response? >> it's heartbreaking, for one, to see our friend go through this horrible process that he is going through and the allegations, and knowing that they are unfounded.or one is more salacious than the next, it's not the man that we know and not the guy that we knew 35 years ago. >> tucker: so there was never a moment since you've known him continuously and you were there when he was in high school,yo u are thinking, i don't know, maybe? >> never. >> tucker: so there was a series of widely attended parties in which gang rapes took place. people don't realize how small these communities are. if there had been ten of these -- >> if there was one of those that have been an enormous upper uproar among all the catholic schools and would have spread like wildfire, or even if it was a public school if any catholic kids were involved. not ten would never happen, if even one happened like that it would have been known. >> tucker: this claim being taken seriously throughout the press by many politicians that there were at least ten rape parties that brett kavanaugh took place and that somehow no one-third heard about for 35 years, that doesn't strike you as credible? >> 100% not credible. if anything even close to thate had happened, word would have traveled like wildfire throughc our different schools and communities and parents on all of that. >> tucker: how do you think the kavanaugh family is doing in the face of all this? >> i think they are trying to stay strong and they know they have a lot of support even though they see the opposite on their doorsteps and other ways. we are all here to support them and i think they know that.en >> tucker: i think it'sr important to remember that these are people, human beings. >> yes, and there are children involved. >> tucker: yes, that's awful. thank you very much. a lot is going on with the story and it's developing all kinds of different directions, even tonight. every person who's covering this is getting text after email after text, with new threads and other allegations. we can't guarantee which are true but we will determine that. we will cover tomorrow's hearing starting at 9:00 a.m. and will go throughout the day. that's it for us, to any and every night to the show that's the sworn enemy of lying, pomposity, smugness, and groupthink. good night from washington. sean hannity somehow showed up on our set here in washington. >> sean: i know, welcome aboard. you gave me five seconds at extra, added to the clock. >> tucker: i'm a generous man. >> sean: welcome to "hannity." we have huge, massive breaking news from the political "wall street journal" just literally seconds ago. we will break it down. we are broadcasting live from the swamp, washington, d.c. this stench by the way has never been worse. tonight, there is no line that democrats in this country, the left in this country, it will not cross when it comes to stopping the nomination of judge brett kavanaugh. all civility, all morality, all decency, all fairness, it it has all been thrown right out the window and right now tonight we are in a trench fight for what are the fundamental rights of all americans. democrats clearly now on a witch hunt, clearly hell-bent on destroying the name, the character, the career and even

Related Keywords

Maryland , United States , Togo , Washington , Americans , America , American , Matt Lauer , Harvey Weinstein , Kristen Gillibrand , Brett Kavanaugh , Ramirez Tucker , Christine Ford , John Conyers , Joe Arpaio , George Washington , Rachel Mitchell , Chuck Grassley , Missy Bigelow , Lindsey Graham , Alan Dershowitz , Tucker Carlson , Mollie Hemingway , Sean Hannity , Jim Acosta , Roslyn Russell , Hillary Clinton , Kirsten Gillibrand ,