tense. we will know about five hours from now who the president has chosen to replace justice kennedy on the u.s. supreme court. it could be one of these four, could be an outside candidate. could be john roberts, who is at the white house right now with a closer look at those picks and who is being considered. john? >> i hate to break it to you, but i was appointed the chief justice of the supreme court a long time ago. why would they no mate me? >> neil: the gig is up. >> what we do know, the president made his decision. we don't know who he has chosen. we're told it's among the following more. just thomas hardiman, amy coney barrett, raymond kethledge and brett kavanaugh. there could be a sense that why would the it put hardiman through this twice and denying him both times? hardiman's people are feeling good about this. he drove a taxi to put himself through georgetown law school. in the coincidence of all coincidences, hardiman just happens to be in washington today with the judicial conference of the united states. he's on the judicial committee. they typically meet at the supreme court. there's an outside chance that his nominee is today at the supreme court. and judge brett kavanaugh, he haas the most ex-sensitive record. 300 opinions leaving home this morning. a couple problems. the 2011 opinion that he wrote on obama that a lot of conservatives didn'ts like. the fact that he has an extensive record, senator mitch mcconnell is worried that democrats could slow walk it, take it up pasted the election and deny the president confirmation of his nominee this fall. third, raymond kethledge, he would be a safe choice. though some people say not a particularly exciting one. he's a bit of a character. he likes to go on his play on lake huron that doesn't have phone or internet and be in solitude. the opinions he writes are colorful and very much enjoyed by legal scholars. i'm told the interview with kethledge and the president went very well, lasted longer than the other interviews. and then there's amy coney barrett. this is the candidate that i'm told that is most attractive to president trump because of her strict conservative record and the fact that she would only be the second woman ever appointed by a republican president. here's the drawback. she wrote a paper on the principle of decided law sets precedent and you don't overturn decided law. she suggested that if she believes the supreme court decided something incorrectly, that it should be open to judicial review. a lot of people are going whoa! roe v. wade, she will seek to overturn it. that's why you heard chuck schumer today so adamantly against anybody on the president's list let alone who he might pick tonight. >> neil: that flies in the face of justice robert who is not a fan of doing that. >> exactly. one other thing to consider, too, the president has to count on some democratic votes to get his nominee across the finish line. he believes he's got a good chance with joe manchin, joe donnelly and heidi heitkamp. joe donnelly according to one report i saw was asked to the white house tonight for the nomination announcement. he deferred saying he wants to meet the nominee in person first to get a measure of them before he goes in public with any kind of level of support. it's all very fluid right now, neil. we're working our sources trying to get a name. the president wants to play this close to the vest. we're still trying. >> neil: so far he's doing just that. thanks. meantime, carrie is here with the judicial crisis network. thanks for coming. >> thanks for having me. >> neil: what came into this play with this decision? obviously conservatives seem to rally around the names that we think of. any chance there's an outside name or two that we do not? >> sure. he's committed to choosing someone from the list of 25. most people agree that some on these four that we've talked about and any of them is an excellent pick. i'm excited to see justice barrett or justice kavanaugh or justice kethledge or justice hardiman. it's no wonder the president is having trouble deciding. i don't know who i would choose. it's exciting to know that they all have records that you can understand. there's not a mystery of how this person will come to their conclusions. they're faithful to the text of the law, faithful to the contusion. at the ends, that's the most important thing. >> shepard: we know that mitch mcconnell recommended raymond kethledge or thomas hardiman as easier to confirm. what would be the thinking there? the other two bring controversy to the table? >> i've heard mixed things about who his favorite is. i don't know what the right answer is. they all have strengths that they bring to the table. some people have said the record that judge kavanaugh has from working in the white house before, that would be somebody that they would take a long time to go through. but i think also you'd see that he is someone that is so well-known, so well-respected just with a still later resume. it would also be very hard to confirm -- to oppose him except on partisan grounds. so each one of them has something that some will say but this. oftentimes there's -- what is perceived as a weakness is their strength. so barrett, you know, people say she's outspoken and was able to defend herself in this hearing, but others say, look, that's why everyone loves her. yes, shelves attacked but also grace under pressure. it's anyone's game. >> neil: i hear you. the one advantage to going to thomas hardiman, not only his story, a taxi cab driver to pay his way through law school, but he served with mary ann tru trumpbarrett. he's an appealing candidate nor the so-called wow factor that the president spoke about. >> yeah, he has a long track record. he's been in the district court and the appealate court. it's the solid record of being a fair and even-handed judge and a commitment to the constitution above everything else. >> neil: all right. roe v. wade is the dominant theme here as in judge candidate will tip his or her hand how they vote, but that this might get raucous in the introductory phase. how do you think the process will go? it's usually a polite civil affair but could morph into something else. >> most of it is part of scare tactics. that is first of all one of many issues the court considers. nobody really knows how this person would approach that. we know that roe v. wade is a long-standing precedent and any judge will not jump in and say let's do something wild, particularly when you have chief justice roberts as the swing vote. so this is not -- this person is not going to be the swing vote. it's chief justice roberts. he's known to be an incrementalist. this is something that will come up in the discussions. any nominee won't talk about how they would rule in that case. frankly, many of them might not know. you have to wait until you hear the arguments being brought before the court before you know how to rule on them. >> neil: thanks, carrie. we appreciate it. again, a little less than five hours away from finding out who the president's choice is to replace justice kennedy. let's get the record from tom dupree. tom, i'm reminded that the judge you pick is not always the judge you get. by that i mean not that he or she ultimately makes to it the supreme court but not the philosophy that you thought they would bring with them. david souter comes to mind with george bush sr. not the pick he envisioned. i'm thinking of justice kennedy himself appointed by ronald reagan. one of his first decisions is one that did not open up in -- in fact, nail down the key proviso of roe v. wade. sometimes might not go your intended way. >> that's right, neil. the fact is as once you appoint someone to the supreme court, they're beyond your control. at that point, they're an independent actor and vote whichever way they want and the way their understanding of the law and their constitution takes them. having had and lived through the david souter experience, i think people and republicans and conservatives in particular are aware of this danger. that's the reason why this has been a careful thoughtful process. making sure that you have examined everything potential nominees have written, everything they said in this past to be sure that you can have that comfortable level. can you ever get to 100%? absolutely not. i'm optimistic assuming the president chooses from one of these four finalists that that candidate is as advertised. >> neil: obviously what enforces that is a long written record. a pattern of opinions and dissents and articles, speeches. decisions made on the bench. that's one of the things we're told that hurt amy coney barrett. she's only been on the bench for seven or eight months. it's not her fault for a relatively limited amount of time but not much to glean from that. >> that's true. a fair concern. as far as judge barrett goes, she's been a law professor. she's been thinking about writing about the law. obviously being a professor is different than being a judge where you're deciding cases. at the same time, she does have a paper trail that people have been plowing through. >> much is made of her catholicism, her views. i'm wondering why for many democrats this is suddenly a heated issue when john kennedy was running for president as a catholic, democrats rallied around him and say that he shouldn't be looked upon as a catholic candidates for president. he was not beholden to the pope or the religion but the constitution. >> yes. i was sorry to see the democrats unleashing that line of attack on judge barrett. like you, i thought that we as a nation had moved beyond this in 1960. the fact is that there's many, many, many talented men and women serving on the federal bench that are people of faith, all sorts of faiths. it's wrong and an incorrect assumption to say just because someone is of a particular religion that that view is going to infuse and shape their view of the law. i think all of these candidates, all of these judges we're looking at are extremely qualified and perfectly capable of separating their own personal views for whatever origin, religious or others. i think that's where we should be at this point in our history as a nation. >> neil: well-put. tom dupree from washington. thank you. >> thank you. >> neil: we'll be watching this very closely and our big theme tonight on fox business network at 8:00 p.m. looking at the implications of this through the president's announcement a little after 9:00. which one of these four will be the president's choice. it could be outside that where we'll get global market reaction. yeah, we're watching this close abroad in the middle of, yeah a trade war that so far at the corner of wall and broad has not dissuaded buyers convinced this will pass. we're up 320 points today. germany looking looking to demand on autos. england is in total disarray. more after this. >> shepard: you know, you've be tempted to say on a day like today, this is a trade war, bring me more of it. the markets moving forward here. something could adverse hi hit like boeing and caterpillar. not today. all on the belief here that we'll weather this storm nicely and europe is in total disarray. the british government is in a world of trouble. boris johnson resigned today and another key member also stepping down. that least theresa may in a world of hurt here. in germany, signs that angela merkel is beginning to blink in the face of potential tariffs saying there's a way to safe some of the american demands. the french say they're not growing to cave. and the read from gary calpon and charles payne from fox business network. is -- what sit here? >> the fundamentals are it. we saw this great jobs reports friday. first six months, the big rigs, semis. they're report numbers. bases have never made these investments. they believe this economy is going to keep going and they're investing for it. by the way, i also believe it's not that wall street doesn't think we're in a trade war that it won't get too deep. i think we're winning it is the notion despite the atlantic, that will probably never write a positive article about trump. china's market is 15%. the tech market is down 175. down 50% in the last three years. so you know, we've got a lot of wind in our sails and i don't think it's going to change. everyone hopes that cooler heads prevail and we get free trade out of this. our economy is humming on all cylinders. >> neil: gary, how are you reading this? >> who is to argue with charles payne? wow! very simple. everything that was held back and been an anchor on the market came out of a coma in a big way. all of a sudden, we wake up and the trade ka-ka is going on and the world is not ending. i love we saw boeing and caterpillar, i love the fact that the financials are a big low today. i love the transports like fed ex, which is really important, hit a good low today. i agree with charles. the numbers are strong. interest rates are low. the fact is our market has been much stronger than everywhere around the globe and hopefully, again, this does not escalate. i promise you, even though markets look like they'll start moving from here, if we escalate to $100 billion to $200 billion and we have the auto thing look out, the markets will take a hit. today was a very good day. >> neil: so antoine, that means today was an awful day. >> not really. i'm an american first. i caution anyone that wants to give victory laps about one good day in the market for a few good days because what we know the markets can change. what is hot today can be cold tomorrow. i think the tariffs will be detrimental to trump country. bmw, this will cut through the fabric of local economies, behavior of this president. we have to be careful. while charles pointed to the numbers, there's people still hurting in this economy. trying to make ends meet. >> neil: but parentsly fewer than before, right? >> of course. the economy is improving. i'll go back to what i said a number of times before. thank you for barack obama laying tremendous ground work for making the economy -- >> you're right. charles payne left that out. >> i did. >> neil: what about the notion that we might be get heard of ourselves? a lot of farmers are feeling it, continue to feeling it. manufacturers have been patient and will be less patient. >> i came early to crunch numbers. i used the u.s. china business council. i counted $500 billion from the 30 red states that trump won in terms of exports to china. if you do the math and assume that all 34 billion in tariffs went to the red states, we know that won't happen. but right now it's less than 1%. i tell you what democrats should be concerned about, emerson had a poll out tied. 42% feel better about the economy than a year ago. 62% of hispanics. 164,000 came back to the job market and 250,000 were worker more than a month ago. >> charles -- >> neil: i didn't plan it but i get a kick out of ending it that way. we'll see how this sorts out for the markets and for people that are also paying attention to something far bigger. getting the kids out and safely in thailand. this is a story about mail and packages. and it's also a story about people and while we make more e-commerce deliveries to homes than anyone else in the country, we never forget... that your business is our business the united states postal service. priority: you find thenah.ote yet? 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>> what's going on? first thing is first. there were never any really significant promises in any fashion in the summit with president trump. so i think that right now we're sort of where we would probably expect to be, which is that any sort of negotiation is going to take a long time. it's going to be difficult and we're hitting road blocks. we sort of had the administration touting success out of singapore but there is not much that they left with than just a general statement about denuclearization, which both sides have different definitions of. where we're at is the typical north korea playbook. going back on their word, changing what they said. the administration is going to need to keep pushing forward, keep maximum pressure on and it's going to continue to need to go forth with a diplomatic process. it's not easy and there's no guarantees. >> neil: what was weird, tara, none of this involved kim jong-un who apparently never met with secretary of state pompeo when he was there. so this wasn't kim jong-un speaking or saying this. no officials were told by the secretary of state's office, aired any of these concerns about being pushed into a corner or, you know, gangster like behavior until he was well on his way flying to tokyo. what do we make of that? >> this inflammatory rhetoric after conciliatory gestures is not unusual. to be quite frank, out of these meetings, we haven't seen anything concrete. we haven't seen north koreans being willing to give a formal declaration of their sites and material. that's what i'd be looking for as the first genuine step before we get to a timetable of any phase of denuclearization. they need to be honest and transparent about what they have before we can get to what is going to happen to it in an exchange for what. we haven't seen that occur yet. so we're very, very early in this process. i think secretary pompeo probably has had lower expectations than president trump. i think he's probably right to have those lower expectations. i think it was a mistake by the administration to tout singapore as a success in terms of what came out of it. it was a success in terms of easing tensions, laying the ground work for diplomacy and that's all a good thing, but nothing concrete was agreed to. president trump is talking about promises that were made in a handshake. in the world of international relations, promises in a draft statement and a handshake in front of a camera is not a concrete agreement and there were little details to that. >> neil: not yet. tara, thank you. good seeing you. >> good seeing you. >> neil: here's something that in which the world can agree. optimism that all of those boys and their coach will be out hopefully by tomorrow in thailand. eight of the 12 are and their coach. jeff paul, what can you tell us? >> neil, it was jubilation today as the helicopter drops off boy by boy, transferring them to an ambulance that took them to a nearby hospital. they joined four of their teammates that are already recovering and were rescued just the day before. we're also learning more about today's mission. seems that the mission went smoother today. took nine hours compared to the 11 hours of the day before. the thai governor spoke earlier today saying the team was more prepared for what was going on. he said the boys were conscious and in good health and getting food soon. we also know that one of the thai officials that spoke after today's rescue said they're thinking about changing up the rescue tomorrow to maybe accommodate for five members. that would be the four boys and the coach that currently remain trapped inside the cave, neil. >> neil: jeff, thanks very much. jeff paul reporting from thailand. again, if that is the case, it would be one more than the usual number that they had, the four boys picked up and rescued today, four yesterday. if they get the four tomorrow and the coach, that would wrap it up. of course, they're trying to beat heavy storms as jeff pointed out. that is something that would make a cave rescue right now with the water accumulates fast and dicey. tomorrow is the day that they're going to try to wrap this up. we'll see. it's happened again. the second time in really almost as many weeks for the majority leader of the u.s. senate. mitch mcconnell shouted down by hecklers outside a restaurant in louisville, kentucky. it keeps happening and why. how do republicans plan to fight back? 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ask a business advisor how to get virus and spyware removal, and 24/7 tech support. office depot now offers on demand tech support for as little as $15 a month. ♪ right now, save $300 on our hp 2-in-1 laptop bundle at office depot officemax >> neil: all right. it's happening again. this time, mitch mcconnell. it happened to him before outside a restaurant. no republican can seem to get any peace. what is happening to the political process now? the latest after this. >> abolish ice. >> neil: scary encounter for mitch mcconnell. second time in as many weeks where he's been accosted by protesters, in this case those in favor of abolishing ice. one said that we know where you live. rnc chair woman ronna mcdaniel. it keeps happening is. there any official republican response to this? >> we're asking for democrat leaders to denounce this again and again. we're continuing to see these groups form around republican members of congress or cabinet members at their homes, restaurants, this is not the new norm. i don't these group will listen to me but i am going to say to democrat leaders, you need to be vocal and do it over and over again, denounce these crowds or these mobs who are confronting republicans in their homes and in their restaurants when they're having private time with their families, this is not okay. it's going to take schumer, pelosi and other democrats to step up and call it out. >> neil: i'm wondering, one of the people protesting with mitch mcconnell said "we know where you live." he was there. i'm worried how easy this would be to escalate and what can be done to deescalate? >> we've seen the extreme with the shooting of steve scalise. we've seen the most egregious form of political discord can come when you see someone shooting a congressman because you disagree with his politics. now we're seeing democratic leaders like maxine waters ramp this up and call for these crowds and call for an escalation. >> neil: and in the maxine waters case, chuck schumer did call her out. >> he did. >> neil: and nancy pelosi dialled it back. but we saw the racial related incidents in charlottesville. but how do you get everybody to dial it back a notch? >> let's say about charlottesville. we did respond and the rnc passed a resolution condemning the events in charlottesville. chuck schumer was late to the day against maxine waters. they have to do it over and over again. they have to be vocal and out front of it. it will take democrats and republicans. if this happened to a democrat, i'll be out there doing this, too. this is not good for our democracy. we can have a difference of opinion and be respectful of people in their homes and families. otherwise, how can we get good people to run for office? this cannot be the new norm. it's dangerous and it will escalate. it will take democrat leadership to stop this and i don't see them rallying for people to deescalate this type of behavior. >> neil: back to the president's supreme court pick that he will announce later on tonight. he's made that decision. by the way, do you know what it is? >> i don't. i don't. i don't want to know. i want the surprise. >> neil: already the democrats have stated this is a lopsided thing. why didn't republicans wait. i think guess thinking their chapses would be better after the mid-term elections. there's a possibility that they pick up seats in the senate. but is there a rush to this? >> absolutely not. the elections have a consequence. president trump was elected, voters knew he would fill the scalia vacancy. that is the job of the president. we need nine justices on the supreme court. democrats have changed their tune on this. he brought democrats in last week to talk to them, heidi heitkamp, joe manchin. he sought their input. this is good for our country and our democracy. i hope the senate will vote on this quickly and that democrats will cross the aisle and vote for the president's nominee. >> neil: you're financially in a position, republicans in general, in good shape despite the talk about a blue wave coming. as things stand now, the republican national committee has five times as more cash than the democrats. how do you spend that? where do you prioritize with that? are you looking at vulnerable house districts or how are you playing it? >> yeah, the house districts that will be competitive and the senate seats where we can put up senators in ten states that president trump won and we have democrat incumbents. we're on the ground and knocking on doors and engaging in neighborhood conversations, talking to our friends and the importance of this election and talking about the results of this presidency. we have 500 staff on the ground and over 20 million voter contacts. that's how we win, conversation by conversation. turning the votes out to keep the majorities in november. >> neil: as someone that runs things for the party, that if the trade war is not resolved soon, it could hurt you in november? people could lose jobs and farmers that could see a slide in prices. you had your druthers, i'm sure you'd rather this wrapped up soon, right? >> i want to see our economy to be robust. believe seen great jobs numbers. more people are entering the jobs force. you're seeing record unemployment for hispanic and african american communities. we need that going into november. that's a huge list for us. the president is doing the right thing saying we have to engage in fair trade. he's -- he wants free trade. he said let's get rid of the tariffs. he said at the g-7, let's have true free trade. the united states has been on the wrong side of this for too long. our allies have not traded fairly. it's time for the president to take a stand. he's negotiating and this will be good in the long run. >> neil: we shall see. thanks, ronna. >> thanks for having me. >> neil: meantime, the issue as whether donald trump should at any point in time sit down with bob mueller. why that might be deemed a bad idea no matter what guarantees are made. no matter who rides point, there are over 10,000 allstate agents riding sweep. call one today. are you in good hands? 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>> and it won't. why should it? if the president is smart and he's very smart, this is a fishing expedition on mueller's part to bring back more attention. so the fact that we're talking about this as the american people a year after the investigation commenced, it's time to wrap up and say no, this isn't going to happen, there's nothing here, move on. >> neil: it's a separate issue. i wanted to bounce this off you. we're told now peter strzok will be on capitol hill thursday of this week, the day before we're learning that lisa page will be deposed by the house committee in a closed session. i don't know what that is about. i know there's in noise about their royal and how partial they were against then candidate trump. so i don't know what will come of the questions or the revelations. what do you make of this? >> if you look at the intense scrutiny on president trump and yet there's not one shred of ed that he did anything wrong or collusion and the mountain of evidence in the inspector general's report that shows clear bias, there should be something that happens. hillary clinton should be indicted if the process is working fairly and with equal justice under the law. that's what the american people really want to see, is that there isn't favoritism, if you're republican or democrat. the law is the law. if you break it, you're head accountable. if you don't, you're not wrongfully prosecuted. >> neil: but you don't know what mueller has. >> we don't. but nothing is come to light. if he had something, wouldn't we have heard it before now? >> neil: i don't know. wouldn't he announce it when everything is together? >> potentially. these prosecutions this high profile, not only would he have heard something but he would have submitted to it a grand jury but filed a complaint and charges. probably he doesn't have much. >> neil: we shall see. thanks very much. >> thank you. >> neil: and we're a little more than four hours away from the supreme court pick. the president will announce that. the read after this. i am all about living joyfully. the new united explorer card hooks me up. getting more for getting away. traveling lighter. getting settled. rewarded! learn more at theexplorercard.com you shouldn't be rushed into booking a hotel. with expedia's add-on advantage, booking a flight unlocks discounts on select hotels until the day you leave for your trip. add-on advantage. only when you book with expedia. add-on advantage. you're smart,eat you already knew that. but it's also great for finding the perfect used car. you'll see what a fair price is and you can connect with a truecar certified dealer. now you're even smarter. this is truecar. >> neil: all right. we're told the president now knows and settled on a pick for replacement for justice kennedy. he's going to announce it to the world at 9:00 p.m. east entime. we'll cover that on fox business. meantime, wisconsin solicitor general, michia is here with us. >> thanks for having me on. >> it's interesting because it could be outside this four names. only one was called again after a meeting, i think i. that was thomas hardiman. others might have been. excuse me if i missed that. that could be a clarification of something or a follow up on something. what are we to make of any of these picks, mr. hardiman included? >> well, obviously they've all been carefully vetted and putting together the supreme court list to begin with and interviewed by the president and by other very serious people taking this decision seriously. i think the republicans have learned from some prior nominations how important it is to carefully analyze these picks. so i'm sure who will be selected will be carefully vetted. >> neil: that means having a careful written judicial record to go on, opinions and dissents. that would favor a brett kavanaugh, not amy coney bennett. she's only been on the bench six months. why do you think the conservatives want that opinion? >> obviously the experience of the justice souter has seared many conservatives to those with a light record. a written record comes in many forms. as you mentioned, judge kavanaugh has a long track record of originalist texturalist opinions. judge barrett was an educator. it's putting your name to something. it's not taken lightly like justice souter was. >> neil: and that raised some concerns for judge barrett, her arguing in support for supreme court justices voting to overturn precedent when they fundamentally disagree with it. did that or do you think that put her in conflict with chief justice roberts who we're told is not such a big fan of re-visits present? the only reason i mention it is the context of roe v. wade. what do you think of it? >> all of the supreme court justices vote to overturn precedent based on a series of considerations. just this last term, the chief justice in his opinion in the travel ban case made clear that karmatsu had been overturned. and internet taxation by states a precedent that was even older than a majority of the court, including joining in the opinion by justice kennedy. so while all justices respect precedent, all justices agree there's points at which precedent needs to be overturned. so nobody has an absolutist view about this. it's generally an all-things considered inquiry and everyone thinks that at some point a precedent needs to go. >> neil: slavery is a good example of how they overturned that precedent. how successful you think this will go? whoever is chosen tonight has a good chance of passage. it depends on the individual. >> right. obviously there is a process that happens. you know, generally nominees do well in that process. sometimes not so well. i think that depends on how strong they're vetted in advance. the fact that president trump has a list that he was choosing from that was vetted and had another vetting process bodes well for the selection being confirmed. >> neil: thanks very much. we'll have a good idea four hours away. we'll take you through 10:00 p.m. and beyond on the implications of all of this. for you, yeah, your money and the markets, too. con at&t provides edge-to-edge intelligence, covering virtually every part of your healthcare business. so that if she has a heart problem & the staff needs to know, they will & they'll drop everything can you take a look at her vitals? 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