everybody. we played on the beach, this was her getting it off with a hat. fantastic for her. >> jesse: set your dvrs, never miss an episode of "the five." "special report" is up next, john roberts. >> thank you so much. this is a fox news alert, welcome to washington. i'm john roberts and for bret baier tonight. president trump gets testy after being peppered with questions over the fbi investigation into supreme court nominee brett kavanaugh. the president lashing out from the rose garden today at an event intended to promote a new trade agreement with canada and mexico. at first the president refused to answer questions about the investigation, preferring to talk about trade. but after being pressed by reporters, the president stood by his supreme court nominee, calling what is happening to judge kavanaugh unfair and dramatic and pointing out what he says is bad behavior by democrats. we have hochstein coverage tonight. chief congressional

correspondent mike emanuel has details on where the cabin on nomination stands with senators on capitol hill. correspondent peter doocy but you get how the confirmation vote could affect one senator's reelection bid and fox news' senior political analyst brit hume is in the studio without or similar analysis on the investigation. but we begin tonight with correspondents kevin corke who was at today's combative project on my press conference. good evening, kevin. >> i wish you were over here. it was quite the scene as you can imagine. actually pretty counterintuitive when you consider the tranquility of the white house rose garden, the president is really taking shots at democrats who have been quite critical of his supreme court nominee, judge brett kavanaugh. in particular for his drinking habits during high school. >> look at blumenthal. he lied about vietnam. he never went to vietnam. and he's up there saying, we need honesty and we need integrity. >> in a caustic defense of his embattled supreme court nominee, president trump today ridiculed senate democrats who have been sharply critical of judge brett

kavanaugh's drinking habits in high school. >> i happen to know some united states senators, one who is on the other side who is pretty aggressive. i've seen that person in very bad situations. okay? i've seen that person and very, very bad situations, somewhat compromising. it's bigger for president trump, turnabout seemed fair play. >> take a look at cory booker. he made statements that when he was in high school or college, what he was doing. he actually made the statements. now he is talking about judge kavanaugh judge kavanaugh. >> today the president said the same democrats were intent on sinking his supreme court nominee, judge brett kavanaugh, at all costs. >> it's unfair to him at this point. what his wife is going through, what his beautiful children are going through, is not a scrap of all. >> despite what he called unfair treatment, mr. trump remained

optimistic that judge kavanaugh's bid to join the supreme court would survive. he agreed to an expanded probe into kavanaugh's past. >> i want them to do a very comprehensive investigation, whatever that means according to the senators and the republicans and the republican majority. the one thing i want is speed. to speak of the democrat doubled down on his support for judge kavanaugh. >> i like beer, i still like me or. >> today he offered a countervailing viewpoint of kavanaugh's past drinking of noting that the nominee had no reported issues with alcohol as an adult. the president who famously doesn't drink. >> i can honestly say i never had a beer in my life. okay? it is one of my only good traits. i don't drink. whenever they are looking for something, i say i never had a glass of alcohol. for whatever reason. can you imagine if i had? what a mess i would be? >> well, there is fact.

as for the unnamed senator, john, the president refused to say who he is speaking of. he said he preferred instead to talk about that in an upcoming book, which would certainly be modest and required reading in washington. >> john: he certainly did call out a couple of other senators. thanks, kevin, at the white house. as kevin corke just reported, president trump said he will allow the fbi to do whatever it takes to investigate judge kavanaugh. just a short while ago, we learned the fbi has interviewed kavanaugh's friend, mark judge. we do not have the details of the interview but his attorney says it has not yet been completed. chief congressional correspondent mike emanuel picks up the story from there. >> a well-placed republican source says the fbi may not need this entire week to investigate the allegations are just dumb against judge brett kavanaugh and could wrap things up as soon as tomorrow. the senate majority leaders predicts democrats will never be satisfied. >> their goalposts keep shiftin shifting.

but their goal hasn't moved an inch. we'll be voting this week. speak up with the spring senator whose floor vote on the nominee could prove decisive today downplayed any time limit. >> i had one of those conversations just 5 minutes ago to make sure that any current, credible allegation that has been made is fully investigated. >> contrast that with his remarks friday when the g.o.p. had no choice but to agree to his call for a brief delay. >> limited in time and scope to the current allegations that are there, limited in time to no more than one week. >> democrats happy to have a pause in floor vote are already seeking to expand the investigation, insisting the fbi should interview 23 people. >> this list of witnesses is only a beginning. it is not the end of both the fbi needs to do. >> the main focus remains on christine blasey ford's sexual assault claim. her lawyer said over the week and they still had not been

contacted by the fbi but agents may still be trying to corroborate her story before reaching out. prosecutor rachel mitchell, who questioned accuser ford last week, sent a letter to republican senators obtained by fox, writing a reasonable prosecutor would not bring ford's case, he he said-she said case is incredible difficult to prove but this case is even weaker than not." yale classmate deborah brenni rose has spoken to the fbi and offered names of those who corroborate or claim the nominee exposed himself at a party. a third public claim of a number. treatment toward women by julie swetnick, although it was unclear whether the fbi would investigate. >> with search and destroy. >> democrats say beyond the allegations, his fiery defense at thursday's hearing alone should disqualify him. >> judge kavanaugh harbors deep, deep partisan resentments. that is not the kind of justice we need in the supreme court. >> late today, two of kavanaugh's friends from yale, including his weight made from most of his college statements

but our statements. they say they never saw kavanaugh blackout from alcohol or to be unable to remember the previous evening's events. they say they never saw him act aggressive or hostile toward women. >> john: mike emanuel on capitol hill. thank you so much. west virginia senator joe manchin is one democrat who remains undecided about judge kavanaugh. the senator is also up for reelection in a state that president trump won by 40 point points. correspondent peter doocy is in charleston, west virginia, tonight with a look at how kavanaugh could factor into that race. >> there are zero democrats committed to voting yes on kavanaugh's confirmation. but there is one giving kavanaugh credit after the hearing with dr. christine blasey ford. >> they are both credible witnesses and they both believe deeply and sincerely about what they testified to. >> democratic senator joe manchin is trying to enact reelection in a state president trump won by 42 points but still wants to see what the fbi finds before endorsing

the president of supreme court >> it might not come to any different conclusion but basically what we can say is we have crossed all of the tees and out of all of the eyes and the boxes have been checked. >> republican challenger patrick morrisey has a few more days to rally voters behind the embattled kavanaugh. >> ladies and gentlemen, we must confirm judge kavanaugh! >> here's the thing, morrissey actually expects that joe manchin will eventually vote yes. >> this is all about politics for him because he is waiting until collins and lisa murkowski and others declare. once that happens, he will jump on, he will vote for kavanaugh, but he will wait until the votes come in. >> pressure on joe manchin but this week when president trump descended on the mountain state. >> the vote for george kavanaugh is also a vote to reject the ruthless and outrageous tactics of the democrat party. mean obstructionists, mean resistors. >> joe manchin voted to confirm president trump's last supreme court nominee,

neil gorsuch, and he's going to do the same thing this time, morrissey believes he'll wait until he knows he won't be the deciding vote. >> he's got less because he's waiting until the final result is actually were determined before he'll take a position. to speak of joe manchin campaign slogan is "it's all about west virginia" but his vote on my kavanaugh confirmation is about a lot more. control of the supreme court and possibly control of the senate because of democrats are going to have any hope of flipping the upper chamber this year, they have to hold seats like this one. john? >> john: peter doocy. the peter, thank you. let's talk about this senior political analyst brit hume. good evening to you. the president has come forward every weekend, talked with don again, white house counsel, said, let the fbi go down any rabbit hole they deem necessary to try to find out as much information as they can as long as you do it by friday. >> it's a little hard at times to tell exactly what the

investigation is supposed to be, how long it is supposed to last, what it supposed to cover. in fact, when senator flake was asked what he understood to be the credible allegations that were to be investigated, he said he would leave that up to the fbi. the president says the same thing but we do know that drum, for all he says about letting the fbi do whatever he wants, he's also saying that he's leaving enough to the senate and that means is that a majority, the republicans, who i think are pretty clearly saying dumb accepting the terms of this investigation. how much can you do in a week, one allegation that seems most credible, the one we heard and testified, the other two, pretty sketchy too many people, and my sense is it's not clear how far the fbi will go. >> john: other than putting a time limit on it, it doesn't seem like the fbi is given any instructions as to who they can and cannot interview. is there any way to satisfy democrats? >> it doesn't look that way.

flake is supposed to have reached some kind of an accommodation with chris coons. >> john: we saw the conference -- well, we didn't see the conference but we knew they were in that anteroom. >> they are the ones who hash this out. it's not clear what chris coons gave up. it looks to me as if the investigation will go forward and may be chris coons once aid isn't enough but already you are hearing for me for mazie hirono, a member of the committee, democratic senator from hawaii and others, that there should be no limits on this investigation, which would mean that theoretically could go on and perpetuity. i don't think that is going to happen. the question becomes, john, will this fbi investigation, assuming it turns up nothing new or meaningful, will that be enough to convince susan collins and lisa murkowski devote aye, if it is, it then joe manchin might go along with it. if not, i don't think he will. >> john: flakes vote was predicated on helming an fbi investigation, not on the results. >> he said he's for ed.

>> john: comes down to the other two. a lot of people in kavanaugh's's position would have taken themselves out a long time ago because of the destruction, the intention that is on them and their family, why do you think he is so doggedly determined to continue on with us? >> i think he feels that if he quit in the face of these allegations, which he believes vermont we have heard him say are utterly false, that that would tend to verify the allegations. i think he feels the only way he can be vindicated, although i think some of the damage to him and his family is permanent, he will have a stain on him because this has been so ugly, the only way he can get even partial vindication is by prevailing and being confirmed. >> john: brit, always great to see you. up next, treasury secretary steven mnuchin on today's other big story, new trade agreement with mexico and canada. first, here is what some of our fox affiliates are covering tonight's. box 32 and chicago where the murder trial of officer jason van dyck was put on hold for a day due to a sick juror. defense attorneys are closing in

on following their final witnesses but it remains unclear whether he will testify about what happened the night he shot a look juan mcdonald 16 times in october of 2015. fox 5 in las vegas, where marquees along the strip will go dark tonight to honor the 58 victims of last year's shooting in a country music festival. the tribute is one of many today that began with a sunrise ceremony that included speakers, singers, and 58 seconds of silence to honor the victims. and this is a live look at atlanta from fox 5, one of the big stories there tonight, morning rush hour that looked more like a scene out of the wild west after a cattle truck overturned. police say dozens of cows roamed free after the accident, it took nearly eight hours and the help of several rangers to round them up. that is tonight's live look the beltway from "special report." we'll be right back. ♪ ig deal. that's why there's otezla. otezla is not an injection or a cream.

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i decided that i wanted to go for electrical engineering and you need to go to college for that. if i didn't have internet in the home i would have to give up more time with my kids. which is the main reason i left the military. everybody wants more for their kids, but i feel like with my kids, they measurably get more than i ever got. and i get to do that. i get to provide that for them. ♪ >> john: president trump delivers at a campaign promise, renegotiating the north american free trade agreement with mexico and canada. the markets like the deal for the most part. the dow was up 193 today, up 270 at one point. the s&p 500 rose 11, the nasdaq.

treasury secretary steven mnuchin joins us shortly but first rich edson with a look at the new deal. >> president trump threatened to terminate the north american free trade agreement. he has, though mostly in nameplate in the rose garden, the president announced an updated nafta. >> we have successfully completed negotiations on a brand-new deal to terminate and replace nafta and the nafta trade agreements with an incredible new u.s.-mexico candidate agreement. >> usmca, the united states mexico canada agreement. for weeks, it appeared there is no deal would exclude canada. in august, the u.s. and mexico reached an agreement. discussions between the u.s. and canada soured with president trump threatening to leave canada out of any deal and impose tariffs on all auto imports from canada into the u.s. >> the question of nafta and renegotiating nafta has been a

challenge in conversations with the president. >> he is a professional, i'm professional. we had very strong conversations. we have a great relationship. >> canada agreed to relax restrictions on u.s. dairy imports. the new agreement also requires automakers to build a greater percentage of their cars in north america with higher wage employees and it updates rules with digital trade. despite the agreement, u.s. tariffs on steel and aluminum remain. there is one more significant step to finalize this free-trade agreement: congress. the senior administration officials says the white house will submit this agreement for the next congress to ratify. the one voters will select in november. john? >> john: rich edson, thanks for joining us now with more on the trade deal, treasury secretary steven mnuchin. welcome to our house. >> my pleasure to be with you.

>> john: democratic reaction, chuck schumer said, "two areas where i want to see the details are dairy, where the dairy farmers are being taken advantage of by canada, and real enforcement of labor provisions, labor versions are good but too often they are returning to trade bills and never enforced." what sort of guarantees can you give your colleagues on the other side of the il that this is a deal that gets you as much as you can get on dairy, which y protective of, and that it does have enforceable environmental and labor provisions? >> i think when people go through the details, they are going to be incredibly pleased with his plan. to put this in perspective, the president promised economic growth through tax cuts, regulatory relief, and trade, and he's delivering on all three of them. this is an important component of it. >> john: one area that is causing some concern in some circles are the auto provisions and the rules of origin. 75% of all cars will have to be manufactured with cards that are

made in north america. up to 40-45% of vehicles will have to be made by people who are making $16 an hour or more. there are some concerns that is going to raise the price of automobiles here in the united states and potentially drive the manufacturer of some smaller cars where the profit margins are much lower overseas. >> i don't think that should be a concern at all. quite the contrary, this will bring jobs back to america, as he said, autos were a very important part of this, agriculture, intellectual property, digital trade, currency, financial services. this is a revolutionary agreement that has been negotiated over the last 14 months. >> john: we were talking about this before we went on the air. i was at the press conference with the president wednesday after the united nations in new york city. he said he reviewed a bilateral meeting with the canadian prime minister justin trudeau bd the taxes are too high and he seemed to indicate that a deal wasn't going to happen with canada.

then four days later, boom, everything turns around. what happened? >> lots of deals are done at the last minute. i think the president was very clear in what we wanted to. ambassador bob lighthizer and jared kushner did a great job negotiating around the clock, we made a lot of progress over the last weekend, came down to a handful of remaining issues and we couldn't be more excited by this deal was done. >> john: the president always threatened against candida tariffs on your vehicles, which really sent a down the spine of most people and canada and the president talk today at the press conference, you were standing in the rose garden for about 90 minutes, about using tariffs as a negotiating tool. let's listen. >> without tariffs, we wouldn't be talking about a deal. just for those babies out there that keep talking about tariffs. that includes congress. oh, please, don't charge tariffs. >> john: back in april, there was a headline and article at the heritage foundation website that said, "tariffs make for a poor negotiating tactics." what do you say?

>> quite the contrary. they are a great negotiating tactic. the president is clear, he wants free and fair trade but if we don't get that, he was going to put tariffs on. there is no question whether it was mexico, canada, the e.u., or china, this is very effective in negotiating better deals. >> john: he said he will use this deal as a template for other deals that he wants to craft with the european union and with japan. can you apply the same rules to them as has worked here? >> many of the same issues, absolutely. as i said, these are multiple areas where we have made a lot of progress on intellectual property, digital trade, all different types of areas that will set a model for what we use with others. >> john: the big enchilada and all of this is china. my understanding is, you do the canada-mexico trade agreement, the european union, japan, then you go to xi jingping and you say, okay, what about china? you back in september were trying to restart trade talks. you were going to lead them.

the president slapped tariffs on $200 billion worth of chinese goods entity at the press conference, said that it's not time to talk to china. listen. >> we have $250 billion at 25% interest with china right now and we could go $267 billion more land china wants to talk very badly. i said, frankly, it's too early to talk. can't talk now because they are not ready, because they've been ripping us for so many years, it doesn't happen that quickly. if politically people for say too quickly, you are not going to make the right deal for the workers, and for the country. >> john: you wanted to start talks with china, your boss said it's not time. he calls the shots. but do you think we should be talking to china? >> the president has been clear. the tariffs i just wanted to place, we announce them earlier in the summer, and the president was very clear in the entire economic team agreed with him. we are not going to hold back

these tariffs for promises. china needs to have real action. the president said if china wants to put proposals on the table where they are willing to make meaningful differences and protect our technology, and have fair and balanced trade, we'll listen. but we are in no rush. >> john: the president what time is at the end of november, it will go to congress. we'll see what happens. mr. secretary, thank you. president trump said he and kim jong un fell in love but is there really a thought coming out of the hermit kingdom?

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>> john: shares of tesla gained a 16% today after elon musk agreed to give up the germans role for at least three years. tesla will also appoint two independent directors to its board. the move is part of a $40 million settlement reached with the securities and exchange commission after it said moscow misled investors in august with a tweet saying he had secured funding to take tesla private. an ex-girlfriend's allegation in minnesota democratic representative keith ellison once physically abused her could not be substantiated because she refused to provide video she said she had of the incident. according to "the associated press," a draft report for my attorney hired by minnesota's democratic farmer labor party to investigate the claim says care and monahan gave a shifting rationale for refusing to provide the video including that it was lost and that it would be traumatic to release it. ellison, who is running for the

state attorney general, has denied the abuse allegations. he wrote me letters and we fell in love, that is their word from president trump about his relationship with north korean leader kim jong un. he doesn't seem to be the only one reaching out to make amends. senior foreign affairs correspondent greg palkot has the report tonight's. >> another symbol of peace on the korean peninsula. the remains of a south korean soldiers lost in the korean war returned to her homeland. they are identified in military forensic center in hawaii. while these were handed over by north korea earlier, there could be more to come. at the tents dmz between north and south korea, demining operations by soldiers from both countries began. it's believed remains of more u.s. soldiers will be found there in addition to those recently returned by the north. an armed forces day ceremony, south korean president moon are saying despite concessions, u.s. forces and south korea allow him and president trump to negotiate from a position of strength.

>> translator: driving force of pieces of a strong military. the energy supporting the strong military is our people's trust. >> meanwhile the white house is planning a second summit between president trump and chairman kim braided thought there chemistry could move talks along. >> i was really being tough. so was he. we had our back and forth and then we fell in love. okay? really. he wrote me beautiful letters. they are great letters. we fell in love. >> there was no love lost at the u.n. has north korean foreign minister demanded the u.s. make more moves before they proceed with further disarmament. >> without any trust in the u.s., there will be no confidence in our national security and in such circumstances, there is no way we will unilaterally disarm first. >> one more token of peace revealed today. two north korean puppies given from chairman kim to president moon. secretary of state pompeo will go to north korea in the near

future to work on the new summit and no word on whether those gift dogs are housetrained. >> john: greg palkot for us tonight. thank you so much. up next, midterm motivators. bret baier looks at the biggest issues for voters season. first, beyond our borders. iran's guard, attack targeting militants for an attack in the military. last month. the strike was the second missile attack by iran and a month's time and came as tensions rise ahead of renewed u.s. sanctions that will take effect in early november. rescue teams are working around the clock trying to dig out victims believed buried in mud and mud and indonesian city city devastated by friday's earthquake and tsunami. the disaster has already claimed the lives of nearly 900 people. the u.s. warships sailed near two contested islands in the south china sea on sunday. defense officials say the it ws

conducting a freedom of navigation operation. a chinese destroyer came within 45 yards of the u.s. ship, which the u.s. pacific fleet called unsafe. just some of the other stories beyond our borders tonight. we'll be right back. ♪ and be full service. it's impossible. it's like having your cake and eating it too. ask your broker if they offer award-winning full service and low costs. how am i going to explain this? if you don't like their answer, ask again at schwab. schwab, a modern approach to wealth management.

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serious infections, which could need hospitalization; skin problems; and severe bone, joint, or muscle pain. are you on the path to stronger bones? if you're not sure. ask your doctor about prolia®. ♪ >> john: this week we begin a new series taking a closer look at some of the biggest issues driving voters to the polls next month. in a fox news poll, voters said the economy and health care would be the most important to their vote for congress. that is followed closely by a party control of the house and support for president trump. immigration and guns round out the top five. tonight bret baier takes a look at how the economy is motivating voters in the midterms. >> bret: george owns the hockey zone in wisconsin, a suburb of milwaukee. politically, george says he

doesn't consider himself a republican but he voted for donald trump, hoping the billionaire businessman could jump-start the economy. georgia is number one motivator for voting. >> if people are making more money, they have more cash in her pocket, retail, we see an increase in foot traffic for example, and we have not hit our peak season. it's also exciting to see infrastructure jobs happening in our neighborhood. >> bret: in the race for wisconsin governor, the economy is front and center as it is in many races around the country. >> i want our children, our sons and daughters, nieces and nephews, grandsons and granddaughters, to be able to grow up, graduated from school, and find a meaningful career that keeps them close to home here in the state of wisconsin. that is our idea of the american dream. >> bret: incumbent republican governor scott walker's opponent, democrat tony evers, uses trump administration trade policy and its effects locally to speak about the economy. >> 15% of our nation's cheese comes through plymouth.

and donald trump's tariffs are having a devastating impact on my hometown and the people and the businesses and the industry that call plymouth home. it's been heartbreaking to watch. >> bret: wisconsin's democratic incumbent senator tammy baldwin attacks new york hedge funds and big business for bad decisions in wisconsin and her ads. >> we cannot let these predators devastate our communities. >> bret: ended her her speeches, promising a better deal. >> a better deal that prevents trade deals from hurting our workers. takes on china's cheating and puts an end to rewarding companies with tax cuts for shipping jobs in factories to other countries. >> bret: problems are public and opponent, opponent, leah vukmir, and since president trump and the republicans are already creating success stories. >> i think it is really important that we look at results and what we have done here in wisconsin and i call it an economic miracle, what we have done here, transforming our

state. i'm proud to have been a part of it. >> if you are republicans, you are hoping this is the centerpiece of the 2018 campaign. by the raw data, the economy is doing great. the challenge for republican party right now is that even with the economy doing well, it's not translating to support for the president or approval of the president. the economy and how well the economy is doing or how poorly the economy is doing is much more important in a presidential election than a midterm election. economies elected president, president-elect congress. >> the economy is the best issue that republicans can run on. the base is so happy about the economy, they want to hear more about the cultural issues as well. >> bret: is a look at the map for u.s. senate issues, the economy is an issue that plays in all of them. but in some states more than others, if you look at the states where job growth is the highest, since the president took office, the top five include nevada at number one,

utah, washington state, idaho, and then colorado. as you see, three of the five have races this cycle. utah is considered safe for the republicans, rich romney running there, washington state will clearly be the incumbent democrat cantwell reelected. it's in nevada where there is a really interesting race matters because it is tight. republican and comment dean heller and challenger jackie rosen, is essentially tied, a slight nod toward rosen, but let's say it ends up sticking up with dean heller because of the job growth, number one of the country, we'll leave that read for the a comment in nevada. let's look at the bottom five states, job growth is the slowest since president trump took office. at number 46, you have maryland. number 47, you have connecticut. then you have north dakota as next in vermont, appear similar, and then alaska. four of the five of them have senate races but maryland,

connecticut, vermont, will also stomach almost certainly go to the commons, democrats or incumbent to caucuses and the democrats. you look at north dakota and that is a really interesting race because the incumbent, heidi heitkamp, is trailing republican challenger kevin kramer. right now the polls have a very close but a slight nod toward kevin kramer, considering there are other factors in most ways, but you have north dakota probably with a slow job growth, let's give this stated republicans. as of now, if you go by the average of the polls in each of these toss appraisers, here is what it means as of now. arizona goes to the democrats right here. florida goes to the republicans. democrats pick up tennessee, republicans pick up missouri. we mentioned north dakota changes, nevada stays the same, all of these states say the same, and then, there is a lot of time, a lot of issues can change these tight races, but it's a net pickup or republicans of one seat. the economy is just one of these

issues and a lot of races. which brings us back to small business owner george in wisconsin. >> is she sleeping well, on schedule? >> bret: when it comes to the economy, george thinks president trump deserves a chance to finish what he started with a cooperative congress. speak of the administration has been very successful in a short amount of time. as long as we can keep everything moving, don't fix something that is unbroken. it's frustrating that the opposition runs basically on obstructing, and my world, a fairly successful administration. >> bret: we'll soon see if that sentiment on the economy has an impact in the closest races around the country. in washington, bret baier, fox news. >> john: tomorrow, bret looks at another top issues voters are concerned about: health care, how that has gone from a republican issue to a democratic one. next up, our panel weighs in on

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the third run, i don't know much about. but it wouldn't bother me at all. i've heard that the third one has -- i have no idea if this is true -- has very little credibility. if there is any credibility interview, the third one. >> john: president trump in the rose garden after he said that yell at the fbi investigate whoever they think they need to investigate in order to report e into the senate judiciary committee. let's bring our panel, jonah goldberg, senior editor at the national review. mara liasson, correspondent from national public radio and mollie hemingway, editor at "the federalist." do you think the president -- another phone call this weekend saying we want to limit what you do, you do what you do, you're the fbi. do is not going to satisfy crit? >> last week during the hearing, we heard people saying they want to the fbi to look into the allegations, the first one. is very important that the fbi look into them and even though

the fbi doesn't even have better investigatory tools in the senate judiciary committee, which has already looked into them. fine, people so that is fine to allay concerns, we'll have a week delay when they look into this and it will be limited, not a fishing expedition. then as soon as that was agreed to, it seemed like the goalposts kept moving into how much we can delay and how much more we can put in here. it is reasonable to look into these allegations. it's reasonable that it shouldn't take more than a couple of days and get the report, go ahead and vote. >> john: mara, mitch mcconnell so that you can almost hear the democrats moving the goalposts. will they be satisfied? this was a deal that was announced by jeff flake. i don't know if that is the deal he struck with chris coons or if that is the idea he came up with after his long conversation with chris coons and others. are they moving the goalposts? i think that they are -- i focused on the process, they have been calling for an fbi investigation for some time, now they have gotten on. it could be a situation of be

aware of what you wish for, you might just get one. democrats might get the investigation but the investigation will be used to make the process look fairer so that there is less political backlash after kavanaugh is confirmed. as susan collins said, this is what we need to do to reassure the public that we weren't just rushing to judgment. that is why the president said it might be a blessing in disguise. >> john: jonah, do you think there is any situation where the democrats will be satisfied with this? >> first of all, virtually every democrat on my judiciary committee declared they weren't going to vote for him before any of these allegations surfaced. the president said that at the press conference on wednesday. >> when cory booker is locked into the position that kavanaugh is evil before these allegations come up, it is hard to walk back from that rate unlike some of my colleagues on the right, i thought this was not as terrible an idea from flake. it's not a deal. it is something he wanted and what is bizarre to me is the

scope of this investigation is precisely narrow to make it go through a week, which is what the democrats and the judiciary committee said is all you need, the fbi investigator, just a couple of days, well, we got 70s. and yet the democrats are screaming blooding murder about how this is rigged and a sham, mazie hirono saying this is already shaping up as a sham investigation when -- while at the same time saying flake is a hero for doing this. you can't have it both ways. either flake is a hero for asking for this in getting this limited investigation or it's a sham to be just what the investigation as is tracking wanted. >> john: the prosecutor who was brought in for maricopa county, arizona, to do that questioning on friday, delivered a report of the republicans on the senate judiciary committee, and which he said, "for the reasons discussed below, i do not think a reasonable prosecutor would bring this case based on

the evidence before the committee. nor do i believe that this evidence is sufficient to satisfy the preponderance of the evidence standard." she was basically saying, something might have happened to christine blasey ford but there is of the evidence here to prove it was judge kavanaugh. >> rachel mitchell took a lot of heat for how she handled the questioning but i thought it was very informative in her summary of what she learned was that what anybody would have learned if they watched it. the accuser had a story where it changed a lot in terms of when it happened, how it happened, the number of people. it showed she had very serious problems with her short-term memory and long-term memory and it showed that she had said things that were in contradiction with each other, such as whether she could travel or not by airplane. learning others and saying at the end, there is no case, i think anyone could see there was no case but being able to summarize everything that we have learned out of dr. ford's own testimony was helpful. >> john: this isn't a criminal case. you don't need to me to criminal standard. this is a political case. >> this is about the court of public opinion, although i like how rachel mitchell went from being a female assistant to a career prosecutor.

i soon as she was delivering the report. this is about the court of public opinion, and what we know from polling at least, since the hearing, as more people believe her that him, but the most important audience of course are those three moderate republicans who are going to make or break this nomination. >> john: jonah, why do you think more people leave her that him? is of the public sentiment falling on the side of the accuser or did he not thoroughly acquit himself and his testimony? there were a couple of moments where he seemed a little squishy. >> i think it is a mixed and complicated thing. we are in the midst of essentially this big social movement, which has mostly been for the good, the me too stuff. which has primed people to see things the researcher in prison. i think most of the media coverage of this has been outrageously one-sided against cavanagh where the real goalpost moving is going on in the way the media covers this, so doesn't shock me. attitudes can change. most americans either with

clarence thomas during the anita hill hearing and for good reason, but the way media and conversation goes can change people's minds one way or the other. >> john: mollie? >> it is way too soon to talk about who is more believable or who is not believable. what that hearing was about was about supplying evidence to support allegations. no evidence was applied prior to the hearing, no evidence was applied during the hearing, we i investigation, maybe there'll be evidence to support it. we have a lot that goes against him. i haven't seen anyone criticize rachel mitchell's laying out of the facts. they say she was hired by republicans. if you have a dispute with the facts, that is one thing. people are way too focused on emotion and not enough on evidence. >> john: for some reason something can forward that is that disqualified kavanaugh or forced them to withdraw, is there any way the president could get a backup nominee through before the end of the year? >> i don't think so. >> john: what if they hold the senate? >> maybe they could do it in a lame duck but no, not before the

midterms. that is a whole other question. >> john: aim at the end of the year. >> i think they could do it in a lame duck of the republicans held the senate but if they didn't come i don't think so. >> john: panel, thank you so much. when we come back, courage under fire. ♪ this is actually under your budget. it's great. mm-hmm. yeah, and when you move in, geico could help you save on renters' insurance! man 1: (behind wall) yep, geico helped me with renters insurance, too! um... the walls seem a bit thin... man 2: (behind wall) they are! and craig practices the accordion every night! says the guy who sings karaoke by himself. i'm a very shy singer. you're tone deaf! ehh... should we move on to the next one? it's a great building! you'll love it here! we have mixers every thursday. geico®. it's easy to switch and save on homeowners and renters insurance.

♪ >> john: finally tonight, a story of heroism. today, as president trump present to the congressional medal of honor to army medic staff sergeant. he was awarded the highest military honor for braving enemy fire in afghanistan in 2008 in order to treat numerous injured soldiers before evacuating the entire team. the president said he stands in awe of his actions and he is an inspiration to all. he now serves the white house as a member of the secret service.

we see him there every day. thanks for inviting us into your home tonight. i'm john roberts. good night from washington. "the story" hosted by martha maccallum starts right now. martha? >> martha: thank you, john. breaking tonight, senate sources saying they believe there will be a vote this week. the fbi investigation of brett kavanaugh could be wrapped up as early as tomorrow we are now learning with democrats already slamming the probe as inadequate, good evening, i'm martha maccallum. the president says he is not micromanaging this process. >> this is the seventh investigation of judge kavanaugh. number seven. this isn't number one. they started on friday, they worked all weekend, they've gone late into the evenings. the fbi is really working hard. they are putting in a lot of hours. so hopefully they can come up with what everybody is looking for. i'm not concerned, no. you know what i'm concerned? that w