>> bill: we begin with a fox news alert only hours away from the president's big prime time address announcing his pick to replace justice anthony kennedy. it will have a massive impact on the court and country for decades to come as we say monday morning. i'm bill hemmer live inside "america's newsroom." look who is with me today? shannon bream, my old co-anchor and always a friend on the steps of the supreme court. good morning to you. tell us where the decision stands now at this hour? how would you size it up? >> there is plenty of speculation. a few people wondering what are the tv cameras are about.

when we remind them that the president has a big decision tonight at 9:00 p.m. eastern time they seem energized. we think the final four are all judges. it puts them in a special class already but there is a sense of building excitement here as people know the president as you remember last time very much choreographed the roll-out and made for tv. we expect the same thing tonight. >> bill: he said late yesterday leaving new jersey he will make a decision by noon today if he has not already made that decision personally himself. he was good at keeping a secret with neil gorsuch. >> they brought him here so he wasn't going through commercial airports. we'll track people's numbers if they think they're on a private plane. they're cloak and dagger. the president wants to roll out the person. i was traveling myself yesterday over the holiday weekend and trust me i was keeping my eyes peeled when i

landed to see if there was anybody i recognized. no one was wearing a black robe. we know them so well we would have recognized them anyway. >> bill: looking forward to riding this the next couple hours with you, shannon. stand by. to the white house we go. a busy day and week for that matter. garrett teny begins our coverage from there on the north lawn. >> good morning to you. we're 12 hours aif way from this announcement. it is still not clear if the president has made his decision. one of the things that makes this decision so difficult is there is a lot to like about each of the president's four final lists. those four amy coney barrett, bret kavanaugh. raymond kethledge and thomas hardiman. as the president boarded air force one yesterday he said he expects to make his decision by noon today. >> president trump: i'm getting close to making a final decision and i believe this person will do a great job. i'm very close to making a decision. have not made it official yet

obviously. have not made it final but we're close to making a decision. let's say it's the four people and they are excellent, every one. you can't go wrong. >> sources who spoke to the president sunday tell john roberts that brett kavanaugh and thomas hardiman are the top choices but amy coney barrett has a chance of being the nominee as well. the deciding factor could be which one stands to be confirmed without too many complications. some are concerned that it wouldn't be the case for kavanaugh and barrett. white house sources stress this nomination will not be made by committee and that this will be the president who makes this decision. this past hour the president noted the high stakes of his upcoming pick tweeting i have long heard the most important decision a u.s. president can make is the selection of a supreme court justice. it will be announced tonight at

9:00 p.m. with all the talk of the current frontrunners it is worth noting over the past couple weeks sources told us that each of the four finalists at some point have been in the frontrunner position. >> bill: setting the scene from the white house. byron york from "the washington examiner" with me now out of south carolina. good morning to you. you say the fight starts for real tonight. explain that. >> the moment the president makes his announcement or earlier if it leaks out, the moment that happens there is going to be a huge campaign against that nominee from democrats and in favor of that nominee from republicans. so one of the factors actually in the president's decision both this time and last time with neil gorsuch is the sure belief that whoever he picks is going to face a huge opposition campaign. so he might as well pick the one he likes the best. >> bill: okay.

is that a suggestion that gorsuch carried the day during his nomination process or democrats did not push back hard enough? because if you listen to a lot of the commentary on the left, you are dead right about that. they are going to put up a fight. >> absolutely. listen, there will be a huge fight. it will be a little different for each candidate whichever one the president picks. but it all really comes down to five senators in the u.s. senate. three of them are democrats. manchin, heitkamp, donley. two of them are republicans. murcowski and collins. all five of them voted in favor of neil gorsuch the last time. this time for the president's nominee to lose four of them would have to change votes and vote against the president's nominee. that tells you right there how hard it is going to be for democrats to stop this nominee. they have to get four of them.

three democrats and one republicans to turn their votes and the question is you supported neil gorsuch, why do you oppose this nominee from the president? >> bill: has there been any reporting? has the president talked personally with collins and murcowski on the phone to figure out who they would approve? >> the white house said the president spent time talking to lawmakers meaning in the senate on both sides of the aisle. so we know for example that the president actually had some of those democratic senators over to the white house last week to talk. by the way, all three of them heitkamp, manchin, and donnelly are facing reelection this year in states donald trump won. >> bill: we get to nato after today. i want to ask you about that because there is tension here. it will be a big meeting. at the end of the week you're in finland with the trump/putin summit.

why do you think it's trump 2.0. >> he will have a same message this year that he had last year. pay more for your own defense. the idea is that nato nations should spend about 2% of their gdp to defend themselves. and to give you some perspective the united states spends 3.57% of a really huge gdp on defense. some of the nato nations, like spain and belgium spend less than 1%. some of the big ones like germany, canada, italy, spend a little more than 1% but most of them are below that 2% range that the president wants them to spend on defense and so it was his message last year and some of them are doing a little better this year but still not close to where they should be. it's his message again. >> bill: a tweet from the president. the united states is spending far more on nato than any other country. this is not fair or acceptable.

these countries have been increasing their contributions since i took office they must do much more. germany at 1%, u.s. at 4%. >> nato really is making progress and they are doing it really at president trump's insistence. every ally is now increasing defense spending. we've had the largest increase in defense spending since the cold war. >> bill: how does that make you feel, byron? >> actually that gives the president a basis to instead of being just completely negative, to saying to nato allies you are doing better, thank you very much. you have to do more. by the way, there is a fair amount of support for this idea of nato actually spending more in its own defense. the u.s. nato supreme commander under barack obama recently

said that it's a good idea to pressure nato to spend more although you do want to keep the alliance healthy and friendly. >> bill: thank you, it will be interesting meetings throughout the week into next monday in finland. >> president now just hours away from announcing his supreme court choice. a senate battle is brewing. >> bill: this story continues. violent protests during deadly in haiti's capital city leaving missionaries stranded. a warning from the u.s. embassy out of there. >> breaking news in thailand. eight of the boys have been rescued. that's confirmed from the flooded cave. we're live on the ground there just ahead. ♪ motorcycle revving ♪motorcycle revving ♪ motorcycle revving

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>> shannon: a u.s. embassy in haiti issuing a strong travel warning after a string of

violent protest breaks out in the nation's capital over rising gas prices. u.s. airlines canceled all flights leaving some americans stranded, including a number of missionary groups. the government has since suspended the fuel price hike. >> bill: awaiting president trump to await his choice to replace retiring justice anthony kennedy. it will happen at 9:00 east coast time tonight. some democrats getting ready for tough questioning arguing anyone he selects would help roll back abortion rights. judge andrew napolitano on all this. how are you doing? good day to you. you had a very busy weekend. as you described you are in the crosscurrents of the conversations where the president's head is now. what can you report based on your conversations? >> i believe the president has narrowed his choice down to two. to judge raymond kethledge and thomas hardiman. i believe that from the

crosscurrents, the communications that i was involved with by the various groups lobbying for or against the four finalists. one of the deciding factors in the president's decision. i could be wrong. we'll know in 12 hours, was confirmability. and senator mitch mcconnell the republican leader on the senate said to him we'll have issues with judge barrett and judge kavanaugh that we won't have with the other two. >> bill: suggesting republicans would have a problem. >> yes, concerned about the perception. we don't know what the reality is. the perception that these two judge kavanaugh and judge barrett would be lightening rods on the issue of abortion. i think senator mcconnell is right. they are perceived as lightning rods on abortion. whereas the other two are not. >> bill: let's take it one by

one. thomas hardiman age 53 out of massachusetts. had a great personal story. works out of philadelphia, spent time in western p.a. what else? >> he is known to the president through the president's sister, judge mary anne trump barry who sits on the united states court of appeals with judge hardiman and she has lobbied aggressively in his behalf. it is not known where he is on a lot of ideological issues but it is known that he is center right. it is known that he is pro-second amendment and beyond that we don't know that much about him. also note the president likes him a lot. >> bill: that's thomas hardiman. raymond kethledge from ohio. >> he is almost a twin of

justice gorsuch and have been mocked. they are very, very similar in their personalities, attitudes and intellects. he believes in the primacy of the individual over the government. a view that justice gorsuch alsos spouseed. >> bill: kavanaugh. >> the darling of the conservatives for many years but ran into opposition in the past couple weeks, over the weekend particularly for people who reminded the president he is close to the bush family and the bush wing of the republican party which can be a no no to the president. he also was involved in this bizarre incident involving the removal of the body of vince foster, bill clinton's white house counsel who killed himself in the white house. young brett kavanaugh was the prosecutor investigating that and didn't charge anybody.

republicans haven't forgiven him for that. >> bill: amy coney barrett works out of chicago now, 46 years old. devout catholic and seven children. >> she and i studied under the same professor rice who was on the short list of five people president reagan had. she would probably be in the view of those around the president, the most serious lightning rod on the issue of abortion because she is the most professedly outwardly traditionally catholic of all of the nominees. >> bill: you say she did not hit it off well with the president? >> based on what the president told people around him. i wasn't in the room. i don't know what caused them not to hit it off well but i heard it from several people to whom the president spoke. this is not her fault she has only been on the bench or seven

months and no opinions in that time period. what we know about her we know from her academic writings as a professor at notre dame law school rather than they are judicial writings. >> bill: democrats are spoiling for a fight, agree? of the four we're talking about, it could be any one or none of who we are talking about. >> the president likes surprises. >> bill: i get it. of those four is there less of a chance for a fight with one than the other three? >> yes. with two. there is less of a chance with judge hardiman. we do not know -- we know he is catholic and went to notre dame but don't know where he is on abortion and less of a fight with judge kethledge. the fight on abortion will be severe if it's judge barrett or judge kavanaugh and the thinking after the time i went to sleep last night it could have changed by now, the president is not in favor of

that kind of fight. >> bill: this has been a jump ball, the selection and process. >> you go back to ronald reagan his choices would be pro-life. he gave us sandra day o'connor and anthony kennedy. george w. bush gave us suter who reinforced roe versus wade. you can't tell people are going to react when they have the lifetime black robe on, bill. >> bill: judge, well done. we'll have prime time coverage tonight 9:00 eastern time. sean hannity will have the announcement when it comes from the white house and we'll have a lot of reaction on the fox news channel and shepard smith anchors our coverage live on your local fox station. we'll have it for you. back to shannon. >> shannon: we have breaking nous out of thailand. navy seal divers rescuing more boys from the cave in a race to get the entire soccer team and their coach to safety.

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oh boy. wi-fi fast enough for the whole family is simple, easy, awesome. in many cultures, young men would stay with their families until their 40's. >> shannon: we've got a fox news alert. as we await president trump's choice to replace supreme court justice anthony kennedy. he was seen as a pivotal swing vote. he didn't like that court but he was often the decider in the 5-4s. president trump has a chance to turn the court conservative for a generation. we'll send it back to bill in new york. >> bill: here is another big story overseas we're now up to eight. eight boys have been rescued from a flooded cave in thailand where a youth soccer team has been trapped for more than two weeks after thai navy seal divers started the second phase

of the rescue operation. jeff is in thailand. where are we at this moment? >> the eighth boy just showed up here at the hospital, a helicopter brought him in and came down the road here and he is now entering the hospital, which is just behind us joining seven of his other teammates inside the hospital getting some care. incredible they're moving so fast on this. yesterday when we started talking about this we were just crossing your fingers for one boy they told us that might come out and hours ahead of schedule one after one started coming out in increments of an hour split apart. this operation seems to be firing on all cylinders right now and it's unclear if the operation is over for the day yet. we're trying to confirm that. but so far eight boys out of the cave, four of those boys remain in the cave with their coach, bill. >> bill: take us through the

operation to get them out of the cave. do we have a good idea as to how long they have to scuba dive or snorkel? how long do they have to stay under water? it appears from the video and reports that they walk for a time and go under water. is that 30 minutes or is it three minutes or do we have a firm answer on that? >> the amount of time they're spending under water is unclear. the water levels are fluctuating. yesterday they said the water was at its lowest level. it was raining on and off. today hasn't been raining as much. unclear how high the water is. they're doing pretty much everything. rock climbing basically, cave diving, having to hike. all these things. just one of those things would be hard enough to do for that long a distance when you've spent more than two weeks inside a cave. one other thing to mention,

they have air tanks set along the route. yesterday during the rescue mission there they told us they used every single air tank along that route to get those boys to safety. >> bill: remarkable and touchy as it goes. what about the family members, are the parents at the hospital and have you seen them? >> we haven't seen the parents. we know when we were at the cave side they were off to the side in their own tents standing by waiting to hear any news. what i can tell you about contact with the parents the thai governor saying the kids are in isolation. that is standard protocol. they want to make sure these kids are getting the care they need but we're hearing right now they are in isolation, which is standard procedure, bill. >> bill: you are coming up on 9:00 in the evening in thailand.

>> bill: pyongyang calling meetings with pompeo regrettable. accusing the u.s. of, quote, gangster-style tactics. that's a sharp contrast when pompeo said both sides had productive talks with a lot of work to be done.

roy blunt saying the issues are to be expected. >> nobody should be surprised by foot dragging or saying one thing and then apparently that's not what they meant. this has troubled four u.s. presidents. i hope this group is more successful. >> bill: we pick up the story live in london. where are we now? >> after the success of this singapore summit people are now getting down to the nitty-gritty, what each side needs to give to each other. there was great optimism. mike pompeo had two days of talks. the mood appeared friendly at first. they sat down and had a good dinner. cracked jokes during that meeting. and afterwards the state department said they were making good progress on almost all of the central issues.

but the north koreans soon after issued a statement hours after the talks finished and secretary pompeo left the country and they said that a unilateral and gangster-like demand was coming from the u.s. >> imdetermined to achieve the commitment president trump made and chairman kim being determined to follow through on the commitment he made. if those requests were gangster-like, the world is a gangster. there was a unanimous decision at the u.n. security council what needs to be achieved. >> again after the success of that summit in singapore, north korea's statement is an effort to put the u.s. on the back foot and underscores now the crucial gap in how the u.s. and north korea define denuclearization and see the path forward. at the core is what each side wants from the other.

north korea wants to see u.s. troops withdrawn from south korea. 28,000 plus troops. they also want to see a permanent end to the war games going on there and it is unclear if the u.s. wants to give any of those in exchange for denuclearization up front. each side batting the other back. it will be a long, ongoing process. >> bill: we'll get into this with our a-team next hour. >> shannon: fox news alert on the president's big reveal tonight in the growing anticipation about who president trump will pick to replace justice kennedy on the supreme court. so far we're told he narrowed down the list of four. they're believed to be kavanaugh, kethledge and amy coney barrett and thomas hardiman. we'll discuss it all with mark smith from the federalist society. you were part of the president's transition team and know him as well. great to have you with us this morning.

>> an exciting day. >> shannon: let's talk about these folks. judge kavanaugh sits on the d.c. circuit. he spent a lot of time ruling on is the idea of the power of unelected bureaucrats, agencies, epa, and others. what his record? >> strong from a donald trump point of view. donald trump ran on drain the swamp, cut back on the power and influence in washington, d.c. and that's the irony of brett kavanaugh. see

>> they're all in their 50s. if they don't get this pick they won't get the supreme court pick in their life sometime. amy coney barrett is 46. a lot of supreme court justices will not get younger. there could be another vacancy to fill. >> great to have you with us. back to you. >> in a moment peter strzok

testifying this week in an open public hearing. a lot of viewership for that. lawyers laying down what it will take to sit down with mueller. daryl issa standing by. >> we've been through everything on collusion and obstruction. we can't find an incriminating anything. we need a basis for the investigation. the rest of it is just politics.

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words, clearly bias is shown in what he said in private communication, how much of that will he own up to in public hearing? >> bill: his attorney is saying put out the transcript of the closed-door hearing. will that happen? >> that's a decision the chairmen and committees have to make. i would like to see it put out. i think the actions of the democrats in that private hearing in which they tried to coach him into cover-up would be telling to the american people. but that's a decision that does require a vote. >> bill: how do you think he performed then under your questioning? >> i think he performed like a clever lawyer constantly falling back onto the essentially i can't tell you on advice of the justice department, which was despicable on behalf of both of them and shame on him and shame on the justice department to imply that what on one hand he

wants to say are private communications with a friend also somehow when you ask him questions he can't answer them because there is too much ongoing. and i think that's really -- >> bill: his attorney interjected often, is that true and the case when you were there? >> worse than that. an attorney for the united states government, an attorney paid for by the department of justice multiple times intervened and that really bothered us. it continues to. one of the challenges with the president, president trump draining the swamp is the department of justice continues to have a great many of those swamp creatures who haven't changed what they do from the time in which peter was a leader in trying to make a case against president trump while he was still a candidate. they are still there and undermining this administration. >> bill: rudy giuliani is doing a lot of interviews. michael cohen has talked a little bit, too. i don't know where he is going on all this. the former mayor, the president's lawyer talking

about a bias inside the mueller team. he said this. >> the reality this there are biases that have to be explored surrounding mueller. how you could end up hiring a group of people that are as prejudiced and biased as this group in their record, at least, is extraordinary and how you can expect us to walk our client like a lamb going to slaughter. >> bill: what he has been saying for months he will challenge bob mueller to subpoena the president and they think they win that case in the court system. >> they do win the case. >> bill: he said give us a factual basis for a crime before we talk about sitting down for an interview. that was different. >> this is something that rudy giuliani as mayor and as a prosecutor uniquely has the capability to do. to rise above the clutter that everyone is talking about and ask the big question. what is it going to take after a year and a half for the special prosecutor, for bob mueller to prove that there was

a crime directly related to or by the president? he hasn't. he hasn't come close to it. since his mandate is to investigate a crime, you at least have to find out if the crime exists. and you can't go to the president of the united states in order to establish a crime. it just isn't the way it's done. by the way, it is not the way it's done for senators or house members. you have to show there is a need to interview somebody of that status and right now he may have a mandate to find a crime but he hasn't found one that is related to any wrongdoing in the way of collusion with the russians, the very things that this was put up for by people like peter strzok. remember that there is a really high chance that peter and his co-horts again and again and again we see they are creating the appearance of wrongdoing in order to do the spying and in order to do this investigation. this is just a continuation of

it unless mueller comes up with some actual fact. he hasn't been able to do it. he has been indicting people for things 15 years old rather than finding any crime that occurred during the election, other than hillary clinton's people clearly distorting the facts with people like peter strock being enablers. >> bill: thursday at 10:00 a.m. is the hearing. we'll watch it live. thank you for your time, sir, the republican from california on the hill. thank you for coming by today. back the shannon. >> shannon: as president trump readies his big supreme court pick. >> it's a 50-49 senate. one senator can decide the fate of any supreme court nominee. re♪ ♪motorcycle revving ♪ motorcycle revving

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>> republicans are holding four lottery tickets and all of them are winners. if you're a conservative republican the four people named, particularly thomas hardiman, i'm glad he is on the list, are all winners and every republican should embrace these picks. >> shannon: will they? republican south carolina lindsey graham encouraging his party to unite behind the supreme court pick. timothy chapman is the executive director at heritage action. great to have you with us. so listen, we are very familiar with these folks. what i keep hearing about judge kavanaugh, a lot of conservatives are wore -- wore >> every one is great.

the heritage foundation has worked hard on this list. you can't pick a loser on the list. and i think what will end up happening is once this nominee is picked, the right will completely coalesce behind it. there is no room for division. it is too important. >> shannon: if collins and murcowski think there is anything against roe versus wade or anything in the nominee's past they won't be a yes vote on them. >> it is something to consider. i think at the end of the day the nominees will all go through both of those senators will ask them how they look at precedent and they'll be comfortable with their answers on precedent. i'm confident on that and back them at the end of the day. >> shannon: amy coney barrett is more of the over the top basis. she will kill roe versus wade and looking at her writings she talked about the idea of leaving precedents alone but has said when she was writing

super precedents, things we think should never be overturned. she doesn't consider roe super precedent because the public is still debating it. >> the bigger picture here is all the judges, once on the court, they are not going to necessarily go and try to overturn roe versus wade. they'll have a humble approach. they won't legislate from the bench. they'll empower states, local alts and legislatures across the country to take on the conversation. for the left they've gotten lazy. the left has gotten lazy and wanted all these conversations to be had right here in this chamber. and that's not where they should be had. we should have the conversations with fellow citizens across the country. >> shannon: no matter what they get asked and asked a lot of questions by the senate judiciary committee and democrats will be tough on

whoever the nominee is, again and again we've seen republican and democrat nominees say i can't answer the question. it may come before me as a justice. i don't want to prejudice this publicly and i won't answer. you'll get the same thing this time around. >> these nominees are so polished now. they'll go through the same training and i think you will get a lot of deference to precedents and a lot of the same kind of answers. i would be shocked if you got something different. >> shannon: whenever there is a nominee from a republican or democrat president we wish them the best and their families. it will be a grueling gauntlet and it starts tonight. great to have you with us. all right, bill. back to you in new york. >> bill: you'll have a program at 11:00 eastern time. >> i'll be here all evening for the announcement throughout prime time and the show at 11:00 will be focused on having that name. >> bill: you'll keep the lights on. >> shannon: they're keeping them on just for us. >> bill: see you next hour. live coverage later tonight. sean hannity has the

announcement for the big pick. shepard smith anchors the coverage on your fox stations. in the meantime rescue efforts by the hour ongoing for the soccer team trapped in the cave in thailand. eight are out safely. four more players and a coach are still locked deep inside and time is of the essence. hour by hour we're there live and we'll take you there in a moment coming up live.

>> bill: fox news alert 10:00

here in new york. president trump set to reveal his pick for the u.s. supreme court. today's top story. it brings us to today's newsroom news feed. >> president trump prepares to announce his supreme court nominee before he heads to the nato summit. >> today he will announce at 9:00 tonight. >> supreme court nominee. >> the president has been consulting with a wide range of folks about the upcoming decision. >> white house sources insist it won't be a nomination by committee or congressional lawmaker input but will fall on the president and the president alone. >> president trump: i'm very close to making a decision. have not made it official yet. let's say it's the four people and they're excellent, every one. you can't go wrong. >> the final four. >> republican senators say they'd be happy with any of the final four candidates >> i'm not sure i'm leaning anywhere on the four nominees.

>> republicans are holding four lottery tickets and they're all winners. >> it is hardball politics all the way and has been for the longest time. >> president trump: my greatest responsibility is to select a justice who will faithfully interpret the constitution as written. >> bill: big day. new hour of "america's newsroom" starts nou. i'm bill hemmer in new york. a real honor to be back to shannon bream. >> shannon: great, bill. i'm in for sandra smith today. a high stakes decision coming tonight. president trump decides who he wants to replace justice anthony kennedy. some are calling it the super bowl of politics. >> bill: it might be that way once the hearing begins. shannon, let's bring in the headliner. leonard leo is our guest live to talk about where we are now, sir. thank you for your time and good morning. i'll begin the questioning, shannon will be here as well. you met with the president yesterday. tell us about that. >> spoke with him on the phone yesterday and it's a really

extraordinary process. he has worked so hard. he has met with the four candidates, spoken with them. he has looked at their records. he has talked to his advisors. he has had his white house counsel reach out to members of both sides of the aisle and talk to them about this process. i've never seen a president work harder and reach out more broadly than this one to really make sure he gets it right. >> bill: what did he ask you yesterday, leonard? >> well, he told me quite clearly that he knew all of the four people pretty well and that really was very heartening to me. he has looked at their records carefully. and basically he said that he is going to be making a decision was either last night or this morning. and i think he is well prepared, very well prepared. >> bill: you want to tip your hand?

>> no, that's the president's prerogative and i couldn't in any event. >> bill: i didn't expect you to. the president leaving new jersey as you just described. listen here. >> president trump: i'm very close to making a final decision. and i believe this person will do a great job. i'm very close to making a decision. have not made it official yet obviously. have not made it final. we're very close to making a decision. let's say it's the four people and they are excellent, every one. you can't go wrong. i'm getting close to making a final decision. >> bill: you just described it leonard. a specific question. did he express to you whether or not he was concerned about the difficulty of the process, whether or not that entered his decision making? >> every confirmation battle is a big one these days and he knows that. he is also very confident under the leadership of senator mcconnell this is something that can happen swiftly by the first monday of october when the court begins to meet. i think he is very confident

that any of the finalists will be confirmed by the senate. >> bill: i want to bring in shannon who covers the court for a living. >> shannon: i just want to ask you about the idea that conservatives are worried they will get something unexpected. they look at republican nominees or nominees who came from republican presidents. we think about justice stevens, justice souter and justices kennedy or o'connor. can you be sure that is not going to happen? >> this is a president who ran on the supreme court issue more than any other presidential candidate and energized the voters in a way no other presidential candidate has on this issue. it was one of the major factors that propelled his election and helped to hold the senate. he continued that momentum with neil gorsuch and i think people understand exactly what the president wants. someone who is going to interpret the law as your clip recently noted. and i think that's what people

are going to get. >> shannon: well, three of these judges at least of the four we think are in the running, they have very lengthy records. judge amy coney barrett doesn't. she has a long record as an academic and written and spoken a lot. democrats are saying that's a big problem for them what they've heard from her. how much do you think the issue of religion will factor in? we saw it in her first senate confirmation. if it's her she will get dragged through that again. >> religion shouldn't factor into any confirmation process. judge barrett has made it very clear -- this is what her life's work has been about. courts should stay out of politics. what that means is for a judge to be fair, it's not about their own personal views or their cultural or social backgrounds by interpreting the law as it's written. there are specific limits on government power in the constitution and those need to be enforced and respected by a

judge. religion and other cultural and social factors shouldn't come into the process at all. it does politicize the courts in a way the american people would prefer not happen. >> shannon: one more question with regards amy coney barrett. i hear from a lot of conservative groups there would be grassroots support. not quite as excited about some of the others. does that factor in for the president looking at who would be most excited by his pick? >> obviously judge barrett is an exciting pick for lots of different reasons but so are the other nominees. all of these people have made their life's work the business of keeping courts out of politics. made their life's work interpreting the constitution as written and they all understand and can articulate forcefully the idea if you want to preserve dignity and freedom in america, then basically you want to have judges who are going to enforce the constitution as it's written

and enforce limits on government power. that will excite the president's supporters across the board. >> bill: at one point you said you can throw a dart at the list and you would be happy with any of the picks. i don't know if the president feels that way but that's your words. democrats have a different view of all this and you are getting ready for the fight in washington, d.c. when you compare it to the nomination process of neil gorsuch. it has the sense and taste of a very different battle. here is richard blumenthal talking about that just yesterday. >> the president has outsourced his decision to the federalist society and heritage foundation. i've never seen a president of the united states make himself a puppet of outside groups and choose from a group of right-wing fringe ideologues. >> bill: care that answer that? >> first of all this has been more involved and transparent than any other president in

modern history regarding supreme court nominations. the first president ever to put a list out publicly so people can look at those nominees carefully. the first president i've ever known who has worked very long hours talking to people, reaching out to democrats and republicans to talk about candidates. it's insulting and offensive and not true. this is a president who is committed to getting this right by which he means finding someone who is extraordinarily well qualified, fair and interpret the constitution as written. the fact of the matter is the gorsuch confirmation process was a battle also. we can all wear rose colored glasses saying there was no controversy. there was. he had over 760 opinions, a record at the justice department that was looked at. democrats were very hard on him and there was a big battle over whether or not we would have a filibuster. this is going to be a battle just like that one and if the president nominates someone just as qualified and just as

committed to those core principles of our constitution, he will get through -- he or she will get through the senate very well i'm sure. >> bill: the president is looking for people in his words not weak. what does that mean? can you define that? what does it mean in the eyes of the president when he says you're not weak? >> it is so important -- so important to have a judge who is fair and independent and courageous. who won't be swayed by the social or cultural fashions or political fashion fashions of the day th. is something he places a high premium on. we knew that from his selection of neil gorsuch who really made it clear during his confirmation hearings that politics has no place on the bench. it is why judges wear a black robe. they wear it because they give up their personalities and just supposed to interpret the law as it's written >> shannon: the president goes on relationship and a gut feel about people.

we've seen it with domestic and foreign leaders. how does it factor in here? each of these nominees has an interesting story. hardiman driving a taxi to put himself through law school. judge kethledge who often writes from a section of the family barn in upstate michigan going out hunting with his son. kavanaugh has a story and others, judge barrett we think about her a woman balancing all kinds of children. seven children, a couple adopted with a career as an academic and judge. how much does that factor in for the president? >> for this president and every other i've known, character and personality is really important because what you want is a judge who understands what it means to be fair and independent and courageous, balanced. you want someone who will struggle with questions that come before the court, not pre-determine results. that requires you know something about an individual's

background. you know they've seen adversity, that they've seen trial by fire and know how to deal with it. this president obviously is a very good judge of character. he has been in business a long time. he understands what leadership and courage is. and he is looking for that in his final nominee i'm sure. >> bill: thank you for being here today, leonard. kavanaugh, barrett, hardiman, kethledge. do you think we're in the right range of those four? >> i think the president is doing a great job limiting the list down to those four. and i think they will -- they all have great qualities and attributes that will help to improve our justice system in america. >> bill: i'll take that as a yes, right? >> yes. >> bill: thank you for your time. we'll be watching later tonight at 9:00 eastern time. complete coverage here on the fox news channel. sean hannity has that at 9:00 eastern time. sheppard delivers live coverage on your local fox station prime time later tonight.

back to shannon for more. >> shannon: rescue teams in thailand are pulling off a risky rescue mission. we'll give you an update on the ongoing situation when we come back. >> shannon: charles payne joins us next and secretary of state mike pompeo seeming optimistic after wrapping up talks with north korea. why is a top pyongyang official complaining about america's gangster-like mindset. we'll debate that with our a-team coming up. >> i'm counting on those other countries with me here today to enforce the sanctions as well. the enforcement of those sanctions will continue until

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this wi-fi is fast. i know! i know! i know! i know! when did brian move back in? brian's back? he doesn't get my room. he's only going to be here for like a week. like a month, tops. oh boy. wi-fi fast enough for the whole family is simple, easy, awesome. in many cultures, young men would stay with their families until their 40's. >> bill: charles payne with us now. u.s. and china putting tariffs on each other's goods. the tariff tit-for-tat is a stab in the heart of trump

country. trump's trade fights will be most harmful to people who voted for him. could be truth in that. charles, how are you? where are we on all this today? >> there is no doubt the retaliation whether it's china, e.u., canada, mexico aimed at trump voters or states that trump won. ironically is against world trade organization rules and rules of trade and defies what they are arguing. i crunched a lot of numbers. i got the raw data from the u.s./china business council. i imagine china's $34 billion tariffs. if all were on the exports from all 30 states they exported goods and services $488 billion. so all of them, if we just said all of them were against those states it would be 1.7% of the total value. we know all of them won't so we're talking about a number less than 1% of the exports from these states, the so-called red states to china.

>> bill: you are questioning the impact it will have on them ultimately. >> it will have an impact but not the kind of impact if you read headlines alone business insider, atlantic or other periodicals saying they don't like president trump to begin with and they never made it a secret they don't like him. so i caution people to be wary of those publications and understand that the headlines and the actual data when you drill down to be two completely different things. >> i don't hear anyone talking about the issues since the 1980s. the other thing i don't hear is how the u.s. has some really bad deals right now. lindsey graham knocked it out of the park yesterday saying we buy $100 billion worth of chinese goods every year -- we buy $500 billion from them, they buy only $100 billion from us.

it's not equal. >> warren buffett and others know it's the right thing to do. people out there won't go out and be vocal about it but it is too skewed. we want trade but we don't want trade so lopsided that all we're doing is shipping our gold and getting back things are disposable and some point have zero value. it is a dumb deal for us and we should want a smarter and better deal when it comes to stealing i.t. they'll all revolve around intellectual property. >> bill: that's a big one. the nut of the argument. starbucks has more corporate conscious today announcing it will no longer have straws in its franchise stores. >> plastic straws, right? that's okay. that's the big issue right now.

there is plastic in the middle of the ocean. everybody wants the ocean to be well. i don't have a problem with that. when they start to preach to other businesses what they should do. that's where starbucks has made a big mistake. they preach to society and other businesses. i think they've gone too far setting themselves up as the arbiter of how everyone else should act. if they want to do this and shareholders are fine with it, no problem. i don't go to starbucks. i have an espresso machine in my office. i would invite you but i haven't cleaned it out in a long time. >> bill: that's all right. breaking news out of london. boris johnson is resigning from the u.k. government now. a big dust-up as to whether or not the brexit vote happened. they voted to leave and it doesn't appear the leaders of the u.k. will follow through on that. >> the elite establishment keeps pushing back on the will of the people. there is a debate of soft or

hard brexit. where did that come from? the people in england voted. they want a hard brexit now. the scare tactics didn't work. economy didn't collapse. they want to get it done now. with the will of the people they've tried to squash it on both sides of the atlantic. i hope folks in the u.k. stand strong. >> bill: this becomes an issue to president trump is england. >> theresa may is looking weak now. the eighth cabinet member. her whole government is leaving her in droves over this issue. she is making a huge mistakes letting brussels call the shots. >> bill: they thought trump would be the issue this week. >> they'll still fly the balloon. >> bill: what's next, shannon? >> shannon: president trump's nominee for the supreme court could have a major impact on capitol hill. what one top democrat is saying about that. major developments in the phase two of the rescue mission in thailand as heavy monsoon rains

threaten to flood that cave again. hi i'm joan lunden.

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>> shannon: dramatic developments in thailand. rescue teams removing another four boys today from the flooded cave bringing the total to eight. that means four boys and their coach are still trapped inside as heavy rains threaten to raise the water level. the ongoing rescue operation is over for today. no word on the boys' health or when the rescue effort will resume. the group was trapped more than two weeks ago when heavy rains flooded the cave's network. >> bill: we'll update you on that. president trump announcing his nominee for the supreme court prime time tonight. democrats facing reelection in red states will be in a bind we're told. senate minority whip dick durbin spelling it out. they can stick with the party and risk losing their seats or break from the party. >> i will tell you the men and

women i work with on the democratic side really take this seriously. they understand it's an historic decision. it is about more than the next election. it is about what the country, the united states of america, is going to chart as its court in the future. i think every one of them take that seriously and personally and goes beyond the next election. >> bill: kayleigh mcenany, juan williams and bill mcgurn. >> it's quite a bind. the worst nightmare for red state democrats begins. they have the choice to side with chuck schumer or their voters. we're already seeing attack ads out from republican candidates going after individuals claire mccaskill has one attack ad against her from josh holly saying the supreme court is at

stake vote republicans. we're seeing it across the nation. >> bill: what he is saying is think about the history of the u.s. supreme court right, right? >> this is one of dick durbin's few moments of complete clarity that a vote against mr. trump's nominee will hurt someone at the polls. i think there is another possibility that he said. he talked about if they vote for -- they vote one way and lose their seats its possible they lose their seats and the president's pick is confirmed and i would be betting on mitch mcconnell for that. >> bill: in a pickel? >> it seems to me you'll get tremendous resistance to, quote, from democrats on this. i don't think there is any question the democratic base is energized. the polls favor the democrats when it comes to issues like abortion, healthcare, gay rights that really this would be a rubber stamp for a

conservative agenda on the court. so you will get a lot of people, especially the swing voters, who might regard it as a vote of conscience on the part of a red state democrat and not punish them for it. even if it costs you a seat there are other ways for democrats to take care the likes of a joe donnelly and joe manchin. they can give them other positions later on. you might see it as an endgame as if it's a piece of pie, bill, and say you get this piece of pie, maintain your power as a u.s. senator. but there are other positions. judgeships. >> bill: my feeling is that gorsuch and others will be battles like nothing like this one will be. the democrats will battle. >> battle royale. we knew it big a drag-out, knock-out fight. consider the three democrats

who voted for gorsuch. their voters sent them a message. when president trump wins west virginia by 41 points. indiana by 20, that's an unmistakable message from voters, we want to trump agenda and we want the trump supreme court pick. >> you have to consider susan collins and lisa murcowski who are republicans who are pro-choice. >> bill: who were at the white house two weeks ago talking about this. >> they are clear there are some things they won't tolerate. somebody start overturning roe versus wade but you stop and think about it gay marriage and gay rights, healthcare, those are big issues that are at stake right now. >> i think, though, we forget in the election the polls suggested that a quarter of donald trump's sporters were people that may not have liked him on a lot of issues but concerned about the supreme court. the truth is that what republicans are trying to put on the court are not people that rule by the basis of

outcome but follow the law and the constitution. in his own confirmation hearings justice roberts called it balls and strikes. what the democrats are realizing and what dick durbin is saying they have more confidence in a process where they have to win five votes to ram preferences through than in a legislative process where they have to get the people and elected representatives to push legislation and get it through. they've given up on that process and i say one other thing they will resist. if this is protest -- if resistance means protest and harassing mitch mcconnell at restaurants, i don't know that's good. >> bill: giuliani saying give us a factual basis for a criminal charge. he has been consistent in saying the same thing for months. you can't subpoena a sitting president. here is the mayor. >> we would not recommend an interview for the president

unless they can satisfy us there is some basis for this investigation. it is our firm belief and we think nothing contradicts this, the president did nothing wrong. >> bill: show us the criminal basis and we'll talk about talking. that won't happen. >> i hear that, too. i think rudy giuliani is spot on talking about the lack of mueller not having the capacity to subpoena a sitting president. office of legal counsel back in 2000 says it's unconstitutional to require a president to undergo a criminal prosecution. it is also worth mentioning how many documents have been reviewed, 1.4 million documents by mueller. 36 witnesses. nothing has been found because trump has done nothing wrong. >> this is an open question. we don't know what mueller has. apparently rudy july -- giuliani is trying to get mueller to show his hand. nobody is above the law in america.

we're a nation of laws and that the president can, in fact, be required not only to turn over documents, but if necessary to testify before a grand jury. >> bill: you think all the interviews with giuliani have something to do with michael cohen talking? do you think that or not? >> i think one of the things going on if i were the president i would continue to say i'm eager to talk with mueller but i would listen to my lawyers and not talk with them. that's what i would do. i do agree with juan, no one is above the law, but i think when a president exercises his constitutional authority, i don't think it's right for a special counsel to come in and start talking about his motives. if what he has done is within his constitutional authority, that's perfectly appropriate. >> that would prove out, right? that's a matter of discussion. let it be. >> is there a point in time? you can always say we don't know. the burden is to prove someone guilty, not for someone to

prove themselves innocent of it. at a certain time you can always say we don't know and we can look at more. when is the burden met? >> would you curtail this investigation? i've noticed among republicans. >> no one has talked about that. >> we've seen republicans say wrap it up and get it down. but i don't think you have a right if you look at the previous investigations of this type, to say it at a year and a half in. previous investigations benghazi took two years, clinton thing took five years. >> we've always been skeptical of special prosecutors and we've always said it is a bad idea. >> we have a right to say where is the evidence. feinstein said there is no evidence. waters said there is no evidence. peter strzok said there is no there there. where is the evidence? it needs to wrap up. millions of documents reviewed. president trump did nothing

wrong. it is time toned this. >> bill: a third topic. mike pompeo landed in afghanistan earlier today. this follows the trip to north korea that was met with a little bit of suspicion as to how successful or not the trip was. a half dozen reporters with the secretary there. here is what he said about the north korean comment about the administration characterized as gangsters in pyongyang. >> with respect to north korea, we still have a long ways to go. but the commitment the north koreans made that chairman kim personally made to president trump remains and reinforced. the statement were put on chairman kim's statements express his desire to complete the denuclearization to which he is so committed. >> i am determined to achieve the commitment that president trump made and i am counting on chairman kim to be determined to follow through on the commitment that he made. and so if those requests were gangster-like, the world is a

gangster because there was a unanimous decision at the u.n. security council what needs to be achieved. >> bill: this guy is racking up the miles, man. afghanistan, north korea, tokyo. the president tweeted i have confidence that kim jong-un will honor the contract we signed and more importantly our handshake. we agreed to the denuclearization of north korea. china may be putting pressure, hope not. putting it on the back of beijing. >> he is spot on. china seems to be the one pulling the strings when it comes to north korea. i think we're still in a good place. these are words. it's worth looking over the evolution of the words with the north korean situation. you talk about last september discussing rocket man and the back and forth between the two powers. then the meeting was agreed upon. then it was off because of open hostility from the north koreans and back on. an evolution in words. the one consistent thing president trump has gotten

actions deliverables. he has gotten action. >> bill: a little bit here and there. chairman kim, is he moving the goal post? >> i'm more comfortable when i hear the north koreans behaving like the ones we know and love. the devil was always in the details. mike pompeo comes from the intelligence side of the operation so he knows a lot more than many secretary of states would about what the north koreans are up to. one deliverable matters, denuclearizeed peninsula. if they don't cooperate and we don't get it, then nothing else really matters. so we always knew it would come to this, right? we knew that it depends what you mean by denuclearization and the president is going -- the president said they cannot be allowed to have the capacity to hit us with a missile. we'll know probably before mr.

trump runs for reelection whether or not they've gained that capacity. that's the test. calling up mattis and making sure we have plan b. >> even last week there were reports the north koreans continue work on nuclear devices. and this is striking in the aftermath of this meeting. >> bill: this is a long road we can all agree on. >> i don't think we should be fools and think just because the president had his meeting and tried to signal mission accomplished that something was accomplished. we've seen negative results coming from that meeting so far. >> bill: do you guys have a prediction? leonard leo did not dismiss the fact that kavanaugh, barrett, hardiman and kethledge are the four final picks. >> i don't have a prediction. any one of them i would take and conservatives should be thrilled. >> i think it's the apprentice tv show. i would say hardiman is the guy.

i like the idea of a taxi driver who went to georgetown law like my daughter and i think he will appeal to a lot of people. >> i have nothing against any of them. i work with two, i know two personally. i'm not going to -- i work with kavanaugh, honorable man. i would be happy with any of them. >> in trump's ear is his sister who served with hardiman and runner up to gorsuch. you have to give him a leg up. >> shannon: i have gotten this email for each candidate. it's him, it is her. kethledge, kavanaugh. it's barrett. we'll see which of the five emails was right. i don't know. >> bill: i say hardiman. >> shannon: we'll know at 9:00

tonight. >> bill: ask me in an hour and i may have changed my mind. >> shannon: president trump gets ready to announce his pick for the supreme court in prime time tonight. our next guest joins us with her analysis. why is hillary clinton launching a group whose mission is to mobilize voters and collect donations? is she running again in 2020? our a-team is back to debate that after the break. and just like that we felt a little less alone. but then something happened. we had to deal with spam, fake news, and data misuse. that's going to change. from now on, facebook will do more to keep you safe and protect your privacy. because when this place does what it was built for, then we all get a little closer.

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>> bill: is hillary clinton secretly planning a 2020 run? the former secretary of state is lining up her campaign calvary. there is a series of emails he received from the hillary clinton super pac. the messages convey a sense of urgency and coming with increasing frequently.

some end by asking for money. some urge participation in protests. hillary clinton is up to something. our a-team is back. kayleigh mcenany and juan williams and bill mcgurn. >> she has created the group called on ward together, just a campaign vehicle in waiting. she is using it to raise money and spread that money around with a lot of smaller groups and i think what she is up to is creating a place for herself so that if no one emerges from among all the favorite sons and daughters of the democratic party, she is in a position to go and to go quickly. >> bill: seems to make sense. does the logic serve? is she running? >> i could certainly see it and we would welcome it at the rnc. this is someone who has a history of losing elections. in 2008 to an unknown democrat barack obama who went on to be president.

bernie sanders she almost lost the primary and lost to president trump. we welcome it at the rnc. >> do i think she is running for president? >> bill: do you welcome the chance to run again for her? >> no. i don't think that's what she is doing. i understand that perception and what michael was saying. it's a little different. my perception would be she is a player and wants to be a player. she is not retiring and she wants to be out there making decisions about who is going to be the nominee and the direction of the party. >> could be. i think the clintons keep their options open. we have had a clinton in most of the presidential campaigns one way or the other, primaries, on the ticket since 1992. i don't think they are people -- they like to keep their options close. if mrs. clinton did decide to be a candidate, unlike last time where everyone deferred except for bernie sanders and martin o'malley, she would have

some serious contenders. harris, warren. biden. a lot of them. they wouldn't defer this time. they would figure you had your shot. andrew cuomo i think he has designs. >> the individuals you just named would split the far left vote leaving space for hillary clinton and joe biden. i think the problem with the democratic party which is leaderless now it seems from the outside, you have this establishment brand, the hillary clinton brand and the socialist grand. neither are good options for the american people. without a leader hillary clinton is the leader or bernie sanders, not good options. >> i think there is a guy named barack obama still out there. he said he will get more active as the fall approaches. so you have not only obama, but you have hillary clinton and i think the potential is there for them to act in combination as the leader of the democratic

party going into the mid-terms and beyond. >> bill: see anybody emerging now? >> i don't think there is any clear person who would be the nominee if that's what you are asking. >> bill: from the word go everybody is equal. >> what you'll see is that bell will ring so loud after the mid-terms it will be a race. >> bill: my sense joe biden is going to run and see a lot of energy. >> we'll see. he is a bit old now. people always look -- he could -- it depends who is against him and so forth. he will have a lot of competition. anyone in the senate looks around and says what do you have that i don't? the last time they deferred and took a pass. >> the difference this time is donald trump. i think people say who is it that i could see in a debate taking on the big bully name calling and said he wants to

throw a dna test at elizabeth warren to see if she is pocahontas. you need somebody with fire in the belly to go after trump. joe biden ranks high on that scale. >> bill: great to see you all. great having you back. >> good to have you back. >> bill: thank you, bud. can't stay on the beach forever. shannon. >> shannon: if we could. president trump has the big reveal tonight in a prime time address. the president will announce his pick for the supreme court. stay with fox news. we'll bring you the president's remarks at 9:00 p.m. eastern right here on fox. maybe not. maybe you could trust you won't have to actually talk to your neighbor. are you watching the game tonight? or... ...you could just trust duracell. ♪

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>> shannon: as we await president trump's supreme court decision one thing is clear, no matter who he picks, the nominee will face an uphill battle as democrats and left wing activists mobilize to oppose the nomination. carrie severino, great to have you with us. it's a tough path to get here. how tough will it be? we see plenty of opposition without even having a name yet. >> that's true. last time we saw people in front of the court with signs

saying #oppose blank and they wrote in gorsuch. >> shannon: when the president announced the name they got markers out. >> the playbook on their side is clearly set. they'll try to say it's the end of the world as we know it whether on roe or labor rights issues and vote against the little guy. they have their ideas set and they will just shoe horn whichever resume you need to fit into it and put their record into those topics. i'm excited the find out. i think this is such a great list of people that we're looking at the last few. i'm looking forward to seeing who our next supreme court just justice will be. >> shannon: you and i have talked about how in the old days these guys got confirmed and not one vote against justice kennedy. that won't happen this time around. it is a very different world. they are gearing up, you are as

well and targeting certain states. >> we're looking at red states with democrat senators. places like west virginia, indiana, north dakota to make sure those voters are calling their senators and saying we want you to support the president. this is really one of the president's best issues across the board. there are people who disagree with him on different issues but this is something that even never trumpers think the president did well. a very popular issue and it will be a hard call for some democrats getting pushed by chuck schumer, let's tow the far left line. three voted for justice gorsuch and i think we could see it expand this time. >> shannon: they voted on all these judges. they had to come on senate confirmation. these judges have gotten democratic votes before. i can't imagine all those democrats will vote here. it is a different ballgame. >> different standards and

getting pressure from the liberal fringe. they don't want anyone giving any ground to president trump on this. it will be very hard at the end of the day. if you look at the nominees they have experience, they are principled. the people who worked with them see them as someone who listens to both sides. it's hard to oppose. >> shannon: 9:00 tonight we'll know eastern time. >> bill: we're watching the story from overseas in thailand. a press conference underway now. eight boys so far have been rescued. four boys and a coach still trapped underneath the earth. we'll let you know what they're saying in a moment. live to thailand where it is coming up at 10:00 in the evening. back to this at the top of the hour.

>> bill: top of the hour president trump coming to a decision on a nominee for the supreme court. at the moment we don't know who it is but already hearing about a tough confirmation battle ahead. good morning, everybody. i'm bill hemmer. special welcome back to martha. >> this set is amazing. this is all new. i'm martha maccallum in for sandra today. we're working through the story throughout the whole day. president trump's announcement will happen at 9:00 p.m. unless we get our hands on the details before then. he will make up his mind by noon over the course of this next hour east coast time. always a chance, as i said, we

might get sooner. what is the president looking for? >> looking for a really good judge and a conservative and he should be looking for a conservative. that's why we elected him. finally i think he is looking for somebody who is young. they all are. and then someone who will stick to their principles and maybe occasionally vary them, that happens, but not in the same way some of the other justices. >> john roberts joins us live with more this morning. john, tell us a little more about the judges that the president is considering and how close he is at this point to making this decision. >> martha, good morning to you. the president has got to be close because 11 hours from now he will tell the nation who it is. he may have made the decision by now. just hasn't informed us he made the decision. as you pointed out at the top he said he would probably get it done by about noon today. everybody waiting to see what the president is going to say.

clearly he will tweet out i have made a decision. will he add a name to it? i doubt it. if he does have a name it could be one of the following four people. judge thomas hardiman, who is a finalist for the supreme court vacancy left by the death of scalia last year. hardiman is on the right. said to be a top contender and suddenly popped up last week from the third circuit court of appeals appointed by george bush in 2007. he drove a taxi to put himself through georgetown law school. a common man element to hardiman that the president probably relates to. brett kavanaugh is said to be the strongest horse in the race. some conservatives have issues with the 2011 obamacare decision he wrote. and he has a huge document trail because he has written 300 opinions and some people are concerned that could drag out the confirmation and there is only 83 days between now and the first of october when

everybody would like to get it done. to the left of him raymond kethledge. he would be a safe choice. university of michigan, not the typical harvard or yale pedigree. his interview with the president went well. if we want to put up the graphic again amy coney barrett from the 7th circuit court of appeals is the other potential nominee here. the president likes her and would like to nominate her but fears a withering confirmation battle. she might lose the confirmation battle because democrats will make a point of stopping her from getting on the court fearing she could overturn roe versus wade. returning to the white house yesterday the president promised he will make a decision that his supporters will like. listen here. >> president trump: i'm getting close to making a final decision. and i believe this person will do a great job. i'm very close to making a decision. have not made it official yet obviously.

have not made it yet. let's say it's the four people and they are excellent, every one. you can't go wrong. >> the president playing it close to the vest and he will have to inform people on capitol hill and others. there is a chance to things could start the leak out. >> the minute that decision is announced tonight, john, it will unleash the opposition. all these ad campaigns ready to roll. what kind of fight to expect? >> it will be a bruising battle. it will cement a conservative majority for years to come on the court. a couple of judges thomas and alito in their 70s, late 6 0*s. listen to what patty murray said about the nomination battle? >> i want to talk with you about what we all can do to make it clear just how unacceptable and extreme ideological supreme court nominee would be. and push senate republicans to

join democrats in rejecting this kind of selection from president trump. he is hoping to put a justice on the bench who would deny women healthcare rights and patients access to affordable care. we need to do everything we can to prevent that from happening. >> there is only 50 votes in the senate. senator john mccain is not there to vote. the president will need some democrats. they believe that joe manchin of west virginia. joe donnelly of indiana, heidi heitkamp of north dakota will have to vote because they are up for reelection in red states. states that donald trump won handily back in 2016. listen to what lindsey graham said for the potential of democratic votes. >> there is nobody that president trump could nominate from a conservative bent that will get many democratic votes. this is a nightmare for red state democrats to oppose a highly qualified nominee. they'll have a very hard decision and i hope every

republican will rally behind these picks because they're all outstanding. >> the deciding factor may be who the president thinks he can get confirmed by october 1. at any rate we'll learn by 9:00 tonight who the nominee will be. >> shannon: thank you very much. >> bill: a lot to consider this. let's consider that with brit hume. good morning to you. we're -- what do you think at this hour about it? >> well, i was noting what mitch mcconnell was reported to be concerned about over the weekend, which is that you have to be careful who you pick and you don't necessarily want somebody with a thick portfolio of decisions to be poured over. patty murray's sound bite and john roberts report gives us a sense of what we're in for. calling whoever it will be an extreme ideologue and so on.

none of them is that. that's the kind of thing that will be said. it often works this way. a judge in the course of ruling on cases over the years will come down in favor of one side or the other in these cases and if the law commands that a judge come down in favor of companies against employees over time, that person will be labeled as anti-worker. this is how it works. and such charges can be made to stick. they may be grossly misleading, bill, because the judge may simply be following the law and that's where you have to go. but this is the kind of thing that goes on. this is going to be brutal as john suggested. it is going to be ugly. and all sorts of extreme things will be said. i think what mitch mcconnell is worried about, you don't want a judge who will provide the other side with a lot of ammunition however much they may have to distortist to make it work for them. >> bill: you are right about

the battle. you go back to bjork in 1987. the democrat from illinois dick durbin said something that was probably true but something you don't always hear. that is to the red state democrats think about the permanence of a supreme court justice and the temporary nature of a mid-term election. >> he is saying you senators out there up for reelection in the trump states, you have to consider giving up your career or risking reelection in order to block or help democrats try to block the president's nominee. which is the kind of thing you don't normally hear a party floor leader saying to his or her troops. it gives you an idea of how strong the sentiment will be against whoever this nominee is. >> bill: let's talk about rudy

giuliani has made a series of interviews. some things he has said are new. some things he has been saying for months now. but this was a challenge to bob mueller's team to say show us evidence of a crime before we talk about an interview. here is what he said on that. >> if they have narrow questions about collusion where they're confused about did he find out something, did he know something, did he talk to anyone we'd be happy to give them answers to that so long as we knew they were concluding it. >> bill: where do you think we're headed? >> if i were rudy giuliani, the president's lawyer, i would be worried about my client in a free wheeling interview. the president is given to saying all kinds of things. he exaggerates. he can be very imprecise in his comments, which is not what you need in a deposition. you want a very disciplined witness, you want one that answers only the question asked and only when the lawyer gives

him the go ahead to do it. he is trying to limit the scope of questioning to keep the president from falling into a trap of his own making by imprecise answers that can get you in trouble. that would be my surmise as to what mr. giuliani is trying to do to protect his client here. >> bill: does he do an interview or not? >> i have no idea. we'll have to see. >> bill: it wasn't one of the choices. >> you know me, i don't do predictions. >> bill: great to see you in washington see you later tonight. >> we have a lot more coverage on the president's huge announcement. we'll talk to shannon bream live at the supreme court. a retiring clerk of anthony kennedy will join us and john kennedy is here as well. all that as we gear up for the president's prime time address this evening at 9:00 p.m. eastern tonight. also lead-up coverage on the story at 7:00 p.m. don't miss that. >> bill: that's the most

important. this is like old times, like riding a bike. >> you have this great new set. and a desk. >> bill: the one thing about the gorsuch pick, no one knew until he walked into the white house and was introduced in prime time that time. we'll see whether or not he can do two for two. >> kennedy was approved 97-0. think about the times we live in. you'll see a squeaker of a fight here. >> bill: 7:00 the story. after the announcement tonight the president gets ready to go overseas to the nato summit in europe which comes amid tensions with some of our closest allies with trade and military spending. what is his strategy in the tone he will have at that meeting? >> mike pompeo assessing what went down on his latest trip in north korea and what he has to

say about the north's charges that he made gangster-like demands. >> bill: there is a big race against time to save the remaining members of the youth soccer team trapped underground. four more pulled to safety earlier today. the rescue operation is on hold. there is a press conference that start evidence 10 minutes ago. we'll tell you why and what's happening on that coming up shortly. i'm really into this car,

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four more boys rescued earlier today from the flooded cave. a total of eight are out safely. they were trapped there more than two weeks. high stakes operation to save four other boys and their coach. it will resume as soon as the crews are ready to do that. international team of divers racing against the clock before monsoon rain hit the region. there is a forecast for more rain. we'll give you updates when we give them. >> for a judge to be fair it is not about their own personal views or their cultural or social backgrounds, it is about interpreting the law as it is written recognizing there are specific limits on government power in the constitution and those have to be enforced and respected by a judge. so religion or other social or cultural factors really shouldn't come into the process at all. >> martha: leonard leo giving us his take a short time ago as

anticipation builds on tonight's announcement on the supreme court nomination. this person will be on the court for a long time likely. if the president's nominee is confirmed he will replace justice kennedy who announced his retirement from the court effective at the end of this month. justin walker, former clerk for both justice kennedy and judge bret kavanaugh. good to have you with us today. thank you for joining us. talk to me a little bit about how you would assess the competition now and who you think is out front. >> i think president trump is looking at four candidates who are all smart, all qualified, all conservative but i would probably have to bet if he will pick one, i think president trump is going to have the guts to pick the one with the longest record and the strongest record and i think that's judge brett kavanaugh. he has been on the court for 12 years, written 300 opinions.

what president trump will love is that every one of those 300 opinions was fair, even handed application of the law, the constitution and conservative legal principles even when he had a lot of critics. >> martha: one of the interesting things about this is the reflection of the choices for each president and you look back at president bush. obviously terrorism and security were top of mind. with president obama it was very much about diversity of the court and voices in america. this is a president when you look at the issue immigration is important, second amendment very important as well. are those issues that you think any one of these judges has a stronger record on than the other? obviously you think kavanaugh has a strong record when it comes to that. what about hardiman in that regard? >> those two issues you mentioned immigration and

second amendment are two of the issues that judge brett kavanaugh has written controversial opinions on. i'm not as familiar with judge hardiman's record. he hasn't had as many controversial hot button issues. judge kavanaugh wrote a 52-page long opinion about second amendment rights. on immigration he dissented in a case where he said an illegal immigrant does not have the right to vote in a union election. so immigration and second amendment are two of the reasons why president trump will view judge kavanaugh as a trump justice. >> martha: in the words of leonard leo we heard a moment ago, none of these possible justices should be judged based on their religious belief. the fact that you are looking at a situation for amy coney barrett where that may be a difficulty for her really raises a lot of questions how we approach this whole thing.

the back and forth she had with senator feinstein. i want to get your thoughts on it. >> when we read your speeches, the conclusion one draws is that the dogma lives loudly within you. and that's of concern. >> there would be no opportunity to be a no vote on roe, as i said to the committee i would faithfully apply all supreme court precedent. >> martha: living within the dogma of your religion. should that discount anyone? >> no, it's a shame. i thought we were decades away from my kind of anti-catholic prejudice. if being catholic disqualified someone from the supreme court justice kennedy wouldn't have been able to serve ton supreme court and scalia, thomas, alito

are all catholic justices. sotomayor was raised catholic. judge barrett and kavanaugh are catholics. he coaches his little girls catholic basketball team. i'm catholic. i certainly believe no one should be disqualified from serving their country based on their religion. it is right there in the constitution. the constitution says there should be no religious test for holding federal office. >> martha: one of the interesting things about hardiman is that he served on the third district court will mary anne trump barry. how much do you think it may or may not play into it. if she has recommended this person and he has some familiarity with the trump family? >> i know president trump will consider a lot of factors. i can't read his mind enough to know that factor. what he is probably looking for most of all is a good personal fit. so there are reports he has had

good interviews with all four of these candidates. i think that he really likes generals if you look at his chief of staff general john kelly. the generals he has supported and relied on for advice. i think he likes a warrior. i think he will be looking for the toughest candidate. >> martha: thank you very much. >> bill: very interesting. secretary of state mike pompeo some sharp words for north korea after pyongyang called his style gangster-like. what is going on here? general jack keane is on deck to break that down. ♪motorcycle revving ♪ motorcycle revving ♪ no matter who rides point, ♪ there are over 10,000 allstate agents riding sweep. ♪♪ and just like tyrone taylor, they know what it takes to help keep you protected.

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this wi-fi is fast. i know! i know! i know! i know! when did brian move back in? brian's back? he doesn't get my room. he's only going to be here for like a week. like a month, tops. oh boy. wi-fi fast enough for the whole family is simple, easy, awesome. in many cultures, young men would stay with their families until their 40's. >> i am determined to achieve the commitment that president trump made and i am counting on chairman kim to be determined to follow through on the commitment that he made.

and so if those request were gangster-like the world is a gangster. there was a unanimous vote at the u.n. security council after what needs to be achieved. >> bill: he dismisses the claims. the two nations productive talks. we're trying to read between the lines here. retired general jack keane. thank you for your time today. chairman kim is a tough guy to figure out. what do you think is going on here? >> first of all, my basic view is that the north koreans want to go slow with this process. united states wants to go as fast as we can with it. we have cultural clashes here, too. in the asian culture they like to build up trust and they do it through a series of meetings and social engagements. that's clashing a little bit. the heart of it is i said before this meeting that i

believe pompeo was going into this meeting with a little bit of a showdown. he was going to be kind of crusty and put his cards on the table. i want to know where all your nuclear and ballistic missile sites are. you need to identify that for me and send out independent inspectors and have international inspectors to dismanned will them. he probably got pushback from that because he also probably said look at, guys, if we don't make progress here we'll end this. that i think is the gangster reaction that you are getting from kim's people. >> bill: i think that last comment is probably as close to the truth as we've been able to pick up so far. the tweet from the white house earlier today. i have confidence kim jong-un will honor the contract we signed and our handshake we agreed to denuclearization. china may be exerting negative pressure because of our posture

on chinese trade. hope not. i think secretary pompeo had six reporters with him that he brought from the u.s. no meeting with chairman kim. the hotel situation was sketchy. they were led to a hotel or a place to stay they had never stayed at before. they got these long, drawn-out dinners that went on hour after hour after hour and you think about maybe getting the runaround here, general. maybe we come back to that last point that you said, if you are going to draw this out it won't work for us and maybe that's where this is driving. >> somewhere in between is where we'll land. the thing that's hopeful about this is that they have agreed to have working groups to continue to deal with the issue. the working groups it was never going to be between secretary pompeo and north korean foreign minister to resolve all this. it will be at the working group level. that is going forward. that's the good thing that has come out of it. that's where the actual

progress will be made. if these differences are ever going to be resolved it will be done there. but i don't believe the united states is going to wait for months and months and let this drag out before they get what they need. they know full well that the north koreans, if they are going to give us the location of everything that they own, research sites, fuel sites, storage weapons sites, the like, if we get all that information then we know they're serious. they're likely to be serious. they'll hold on to some nuclear weapons at the end of the process. if they don't give us that information, bill, we won't have anything. i don't think we have that information yet. >> bill: thank you for your time. really appreciate your time. you were going to say the military pressure, right? that's essential yet again. roy blunt was talking about that yesterday. >> maximum economic pressure and military preparedness leading to a potential military option will go right back on the table. >> bill: general, thank you for your time. >> martha: big day in america

picking a new nominee for the supreme court is only the beginning in what is being called the super bowl of politics. so with that in mind, who has the best chance to be confirmed in the senate? shannon bream breaks it down with us and shortly after making his pick the president heads to europe for the nato summit. busy week once again for president trump. why he is already setting the tone on this before he is wheeled up.

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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. >> bill: don't change the station. it's okay. it's not you. one day only. how are you doing? >> martha: great, how are you? fun to be here with you on a big day. >> bill: indeed it is. announcement tonight at 9:00 eastern time. watch martha at 7:00. president narrowed the list to three or four names. >> martha: who better to go

than shannon bream outside the supreme court on a gorgeous washington day waiting for this breaking news today. >> we are. great to see both of you. it is a big day and want to talk about who may have the toughest and easiest time getting confirmed. let's start with judge kavanaugh. a d.c. insider. his detractors say he is part of the swamp because he is a d.c. guy and part of the ken starr report and was a lead investigator on the vince foster suicide and on the bench for a long time in d.c. because he knows d.c. and knows folks on the hill people think he would have the easiest time navigating. look for rand paul. watch for him on that particular gop vote. this guy won the boston marathon twice. we'll see if it's him. go to raymond kethledge. he is a guy who had a hard time getting confirmed to his

current post nominated by president george w. bush in 2006 but a two-year fight. his home senators, would not move him forward. eventually a deal was made in 2008. he got to the bench. he has marked 10 years. judge amy coney barrett. she had a really tough time in the senate. got through 55-43 but much made about her catholic faith and how serious she was and would be able to make good decisions from the bench because of her faith. a lot of people found it offensive. she would have to not only worry about the democrats but possibly a couple republicans. this president likes a fight and why he shouldn't shy away from nominating here. then thomas hardiman. sits on the same bench as the president's sister. they served together. he drove a taxi to put himself through georgetown law school. he got through 95-0. this was 11 years ago. i us a -- suspect it would be

a much closer vote this time. >> bill: why are conservatives worried about some finalists? it was excellent. why is there concern? >> the fact is all of these people have been vetted as we talked about by heritage and federalist society. if you are conservative you should be happy about any of them but there are worries about judge kavanaugh. some folks think he hasn't been tough enough on issues like affordable care act, the case recently involving a minor who came across the border illegally and a fight whether the federal government should have to help her when she decided to seek an abortion. some folks think his decision could be tougher. they are upset about immigration decisions some of the judges have. if you're a true conservative you want somebody adhering to the law and constitution not factoring the end result. that's something very different. >> bill: see you at 11:00 eastern tonight, too. >> martha: there is a chance --

two notre dame graduates there. this after he makes the pick for the supreme court expected to happen at 9:00 this evening the trip comes amid tensions with nato and our closest allies over trade and military spending. trump already setting the tone with this tweet saying the united states is spending far more on nato than any other country. this is not fair nor is it acceptable. while these countries have been increasing their contributions since i took office, they must do much more. let's bring in president george w. bush former chief of staff governor john sununu. as he heads off -- a busy week, usually a busy week in the trump white house but he has a lot going on and heading to nato. here is what "the new york times" says that about. mr. trump is burning up all the credits the united states has accrued with our allies by attacking the basis of this

alliance. deliberately or not doing the bidding of mr. putin in his quest to divide the west. what do you make of that thinking as he heads into this and what do you think he has planned there? >> one thing i learned as george w. bush's chief of staff, if "the new york times" has an opinion on foreign policy you know it's wrong. this is a president that has moved his nato allies to begin the make the contributions they are committed to. 15 of the 29 are now on track to get to the 2%. they've committed to support nato with, 2% of their gnp and i think you'll see a significant meeting between the president and our nato allies. he understands as reagan and my boss did that when you go to meet putin it is good to have germany, england and france behind her and i think he will work hard to get that. the one thing predictable about the president is he is

unpredictable in what he will do. i think it will come out much better than "the new york times" and other critics think. >> martha: you have the back-to-back meetings with nato, which was designed and created to defend against russia. and then a couple days later he will sit down with vladimir putin. so putin and his people are watching all these moves closely. the president heading into the nato summit says look, you guys toughen up. i want everybody to put your money in and the strongest force we've ever had. remembering that nato's reason for being is to defend against russia. that sends a pretty strong signal to putin, does it not? >> i think so. i think the president asking for people to make more of a contribution than they've had in the past to meet their obligation underscores that message and says we really mean it. >> martha: what do you think about those who say the president has been too soft on vladimir putin, that he admires

him too much? is that your take when you look at the facts of what the relationship has been in terms of diplomacy? >> between the sanctions and the way the president has made it clear to putin with the actions of our military that we aren't going to let the russians just start creeping into the airspace, for example, over europe, the president has made it clear. the critics are trying to hang their hat on what they thought was a hook out of the mueller investigation but none of that really carries any weight. i think the american public is beginning to understand how politically motivated those criticisms are. >> martha: one quick thought on prime minister may who is now in a difficult position. she just lost her foreign secretary boris johnson this morning. the president has to speak with her when she is in a pretty precarious position. >> but in a way supporting the

president could actually help her in this precarious position. i think the president is going into a situation he can exploit. she has screwed up the brexit situation to a point where she now needs to look international and i think she will be easier to deal with because of it. >> martha: quite a week. great background and insight for us there. thank you so much, governor sununu. >> love your show. >> bill: the whole brexit story is interesting. leadership from the u.k. and europe about the vote of leaving the e.u. is that where they're headed? >> martha: after the brexit decision the dow was at 18,000 and everybody said the sky was going to fall. now we're at 24,000. a lot of support behind the brexit move and the fact that theresa may has softened on it hasn't served her well in her government. >> bill: the looming confirmation battle for the

next supreme court justice. we'll talk with senator john kennedy. what will it take to win his support? you'll hear that next. >> i'm very close to making a decision. have not made it official yet obviously but we're close to making a decision.

>> every confirmation battle is a big one these days. he knows that. but he is also very confident that under the leadership of senator mcconnell this is something that can happen swiftly by the first monday of october when the court begins to meet. so i think he is very confident that any of the finalists will be confirmed by the senate. >> bill: that's leonard leo the president's supreme court advisor and our guest last hour predicting a quick confirmation to the pick. democrats don't seem to go along with that. senator john kennedy sits on the senate judiciary committee.

good morning to you. what do you think of that time frame laid out there, what does it look like? >> i'm ready to get started. i'm not part of management. that's up to senator grassley and senator mcconnell but if it were up to me i'd start next week. i would allow plenty of time and let every senator on the committee ask within reason as many questions as he wants. i would certainly give each senator at least 20 or 30 minutes and do several rounds of questions. if the pick is as good as i hope it will be, we shouldn't be afraid to allow the nominee to answer questions. and i'm anxious to learn more about him or her myself. >> bill: here is dick durbin the democrat from illinois talking about the process and perhaps advice for his own democrats running for reelection in november. >> the men and women i work with on the democratic side really take this seriously. they understand it's an historic decision. it is about more than the next

election. it is about what the country, the united states of america, is going to chart as its course in the future on this supreme court. i think each and every one of them take that seriously, that personally. it goes beyond the next election. >> bill: you don't hear that often. i watched robert bjork and clarence thomas and those were some tense hearings, sir. do you anticipate that level of atmosphere for these hearings? >> yes, yes. because it will be so partisan. look, i think senator durbin is right, this is an important decision. i don't agree with him that this is some sort of mini campaign and that the u.s. supreme court is some sort of mini congress. the purpose of the united states supreme court is not to make policy. does it make policy sometimes inevitably in deciding a case, but the purpose of the u.s.

supreme court is to interpret the law. what you want is somebody who is smart, who is open minded, who is willing to test his assumptions against the arguments of his critics but who has the courage of his convictions and understands the role of the judiciary vis-a-vis congress and the president. the way the democrats are treating them. this is somehow they'll go in there like a congress and on the first week take a vote on roe versus wade and wainright and then -- it doesn't work like that. >> bill: you were a fan of neil gorsuch. >> i think he is great. if he has a twin let's nominate him or her. >> bill: you said i want a cross between socrates and dirty harry. who is that? >> i want a wise person who has the courage of his convictions, who is not a hater, who is analytical, and who is willing to consider other points of

view. that's a fine balance between having the courage of your convictions but not being so closed minded that you are listening to your critics argument. i thought neil gorsuch is that person. let's find another one. one of your commentators earlier was saying the only thing about president trump is that he is unpredictable. i don't know that it's limited to these four. >> bill: outside the bounds. thank you for your time, senator, we'll talk real soon. >> martha: let's go to harris and melissa standing by with what's ahead on "outnumbered." >> happy summer. we've brought you summer. the countdown is on to president trump's big prime time reveal of his supreme court nominee. it happens tonight. who should he choose? do democrats have a chance of blocking the choice? will the confirmation hearings happen before the mid-terms? so many questions. >> plus the president tweeting

about north korea after the regime called the u.s. gangster-like and denuclearization talks. is that a negotiating tactic? >> did they say gangster or gang sta "outnumbered", back to you. >> martha: not much going on. four more boys have been freed from the flooded cave in thailand this morning. what an unbelievable story this has been leaving four of them and their coach still inside. their health is said to be good. what long-term effect may the children face? our fox news medical correspondent dr. siegel is up next. this wi-fi is fast.

i know! i know! i know! i know! when did brian move back in? brian's back? he doesn't get my room. he's only going to be here for like a week. like a month, tops. oh boy. wi-fi fast enough for the whole family is simple, easy, awesome. in many cultures, young men would stay with their families until their 40's.

this wi-fi is fast. i know! i know! i know! i know! when did brian move back in? brian's back? he doesn't get my room. he's only going to be here for like a week. like a month, tops. oh boy. wi-fi fast enough for the whole family is simple, easy, awesome. in many cultures, young men would stay with their families until their 40's. >> martha: fox news alert as

four more boys are now freed from the flooded cave in thailand. unbelievable story. eight boys are safe and sound and being observed at a hospital. the rescue operation is ongoing for the four remaining boys and their coach. they have to talk a pause in the process. oxygen tanks have to be replenished and suggest that others could be brought out in the early hours of tomorrow morning. doctors say so far the health of those inside is still good. joining me now marc siegel, professor of medicine and fox news medical correspondent who we know very well. great to see you. how much does it help these children that they are children going through this? is it an advantage for them at all that they're resilient and long? >> that is an advantage and it will help them. i want people out there to know children suffer from post traumatic stress disorder. you have to get them early and quickly. when you're in a dark cave for

15 days and the rhythms are off and you aren't sure when or if you'll get out. cohesiveness helps and courage was there. they had a team approach. all this will help going forward. but they will need treatment. they will have flashbacks, my opinion. they will have periods of disorientation. it can be treated with cognitive behavior altherr pee and possible medication. therapy is key and the earlier the better. >> martha: how long do you think it will take to get them home? once they are ascertained to be healthy the next most important step. >> huge. medically, look, we see them smiling and saying they are okay. but they were in caves drinking off stalactites. they get intravenous fluids. you can't just bomb the g.i.

tract with regular food. they'll check liver, kidney, oxygen. they had oxygen deprivation and too much carbon dioxide. they'll watch their lungs. the fact that they were able to swim out like this shows that they probably didn't have severe oxygen effect. >> martha: how they brought the strongest out first and one who was not doing well. so the youngest, maybe smallest, the ones who don't know how to swim are the ones still in there. that will be frightening and scary for them getting them out. >> the key will be the guides. fear guides. people to help them. brought out by the line they can hold onto. in the cave there is a risk of infections, bats, birds, bacterial. they'll look at that at the hospital. i think they'll be fine and get all 12 out and the coach. i hope and pray they'll be okay. >> martha: great to see you this morning. >> bill: who is the next nominee? the president reveals his pick

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big i'll see you tonight, 7:00 p.m. great to be here, great to see you. it's because we've got to roll, see you tomorrow. >> harris: fox news alert, president trump may have already made his decision. we are waiting his primetime announcement of his supreme court nominee to replace retiring just as anthony kenned kennedy. lawmakers are already engaged in a showdown over looming nomination fight. in the decision that will potentially shape the high court for decades. this is "outnumbered." i'm harris faulkner. here today, another slice of summer, melissa francis. republican strategist and senior fellow for the independent women's voice, lisa boothe also bringing some plum summer. most of kennedy on the fox business network and always great to see, kennedy. joining us for the first time