tomlinson fox news. bret: full disclosure i m on the hope board. tomorrow on special report merrick garland testifies before the senate judiciary committee. we have all of that. could be fiery. thanks for inviting us into your home tonight. fair balanced and still unafraid. fox news primetime holy spirited by brian kilmeade starts right now. brian? brian: bret, just an observation, ever since we had that somewhat friendly clash a few weeks ago about me walking and you sitting, seems to be walking a lot. i m seeing your torso. i m seeing you jet around the studio. bret: i can. there is a lot of movement that s possible. brian: however, i had one i went ahead and licensed the walk on television. bret: oh, really. bret: you haven t paid a fee. i know we are friends but i will have to serve you right now on camera and unfortunately, going to have to appear in court and defend yourself. i have retained judge jeanine pirro.