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tv   Outnumbered Overtime With Harris Faulkner  FOX News  August 28, 2018 10:00am-11:00am PDT

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>> in mexico it will get signed in november, past and the house early next year and canada will fold. >> we are back tomorrow at noon eastern. molly line is in for harris. >> >> molly: bruce ohr facing questions on capitol hill over allegations of anti-trump bias. let's go "outnumbered overtime." on molly line and for harris faulkner. doj official bruce ohr at the closed-door session of the house oversight and an end judiciary committees, lawmakers facing new revelations of his contact with the ex-british spy behind that anti-trump dossier. ohr's wife worked for fusion gp fusion gps, contracted to produce opposition research on donald trump. we caught up with him shortly before the interview started. >> mr. ohr, who authorized
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your -- with the fbi? were you acting alone or did you have authority from the justice department officials? how did your wife benefit from the dossier contract? >> molly: that slew of relevant question from our own chief intelligence correspondent catherine herridge, who is live on capitol hill the latest. >> we are into the fourth hour of this closed-door deposition taking place in the office behind me and the way that it works is periodically we get updates from lawmakers inside. we've only heard from republicans this morning and that's because democratic lawmakers are not participating. they are leaving the questions to their staffers. in one of the headlines we have learned is that based on bruce ohr's testimony, many of them knew well in advance from the surveillance warrant, there were credibility issues and the british spy behind the dossier had this real animus for
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candidate trump. and that's okay because the fisa court can be told about that information and they can weigh the credibility of the information, or whether it's tainted. what we learn today is that that did not happen. here's congressman mark meadows. >> its the narrative that they have wanted out there, all roads lead to fusion gps and the dossier. they have, they will and they continue. what we are finding is they had knowledge of real credibility issues. >> molly: based on reporting so far today, we believe the fbi had that kind of information about steele and the dossier some weeks before the phis application. separately we also learned from lawmakers that based on the testimony this morning, there appears to be a conflict between
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what the doj's bruce ohr is saying and what congress has heard from fbi lawyer lisa page as well as the deposition of glenn simpson. glenn simpson is an important character in all of this because it was his firm that was paid by the dnc and the clinton campaign for the dossier project. here is congressman gaines. >> in the first hour of testimony, and it's either bruce ohr is lying or glenn simpson is lying. >> one of the issues with timing is when this evidence was procured, if you will. and provided by the fbi. and what the timing was and what we know from publicly available testimony is that glenn simpson told investigators that he never had contact with bruce ohr until
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after the 2016 election, around thanksgiving. but emails and handwritten notes reviewed by fox news and that time frame is august, september and october of 2016, leading up to the election. >> molly: catherine herridge, consistently breaking news on the story. let's bring in the house judiciary committee. he just and stepped out, and, and they are desperate to stop candidate trump from being president trump up before and after he became the president-elect. bruce ohr would appear to be
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without partisan, and his wife since 2015, they didn't properly disclose that. however he did disclose this he said to fbi officials and he named names, and that, then, never ended up getting back to the department of justice or his boss apparently and certainly not into these fisa warrants which were only justified to tap on behalf of government and not making them aware of things which in fact bruce ohr now tells us he did make people aware of. >> molly: is bruce ohr cooperating? >> bruce has a poor memory. he seems to not remember a lot of details. poor memories are often claimed
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by people who want to stick to what they can say and not be caught in perjury. so i would say when he answers, it has been candid and there has been no refusal to answer any particular question, but he does seem to have a poor memory. sometimes upon refreshing of that memory, like meeting with people in july rather than august, that has been helpful. obviously we are still connecting the dots and we don't have nearly the amounts of paper proof that we would like to have, but we do know, bruce ohr makes a connection where as an attorney he did something he never should have done which as he became part of the continuity of evidence. he became a fact witness in, and in fact became part of the investigation which was funded by the democratic national committee and hillary clinton and obviously had more real hatred for the president. >> molly: so that fbi drops christopher steele because he's
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essentially leaking to the media. but then he doesn't leave the picture. we have text messages and catherine herridge has been reporting about that. he continued to have contact with steele, but this was -- a behind closed doors, he acknowledges that this was perhaps something that wasn't standard practice. >> bruce ohr admitted to us that it never happened in his nearly 30-year career, he'd never been involved in something just like this. it's also very clear that as you say, he became and they wanted to talk to him directly. even though they backfire to him they produce credibility and they then reengaged him in some direct fashion. again, this goes back to this problem that, before the election, our government was
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involved in operation research against candidate trump. after the election, after he was the president-elect, the famous insurance policy went into effect that clearly led to the special prosecutor and of the investigation that we are now seeing and this was what we were uncovering, is the premueller activity that created an environment which many people, myself included, were willing to deal with the special prosecutor not knowing all the lies that congress and the american people have been told. >> molly: catherine herridge pointed to something and i want to know if it's significant. there is a conflict between what ohr has told people asking questions and what simpson has said, is that significant? >> it is significant and there's also some ambiguity between ohr and lisa page. we will have to go back to the loop to find out which one of them is able to change their story or face perjury. >> molly: thank you very much
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for to joining us. another fox news alert, one of the most-watched primary election the season. voters heading to the polls in florida and arizona and the former publicans and often verizon as well. an arizona company contentious g.o.p. primary is underway. congressman martha mcsally, and former sheriff joe arpaio battling it out for the g.o.p. nomination for the seat held up by retiring senator jeff flake. carolyn came to florida for a test ground for how to campaign successfully in this era. peter doocy isn't live in arizona with the latest. >> the retiring republican senator jeff flake is not popular at all with the republicans trying to replace him. but the front runner, congresswoman martha mcsally is still stressing why it's important for the party to keep the seat ready.
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>> arizona is a firewall state. i'm the firewall to make sure that chuck schumer, elizabeth warren and bernie sanders are not in charge in the senate. >> in today's primary, sally is facing joe arpaio, who won a pardon from president trump a year ago this week. and dr. kelly ward who is cleaning up a controversial facebook post where she suggested that the mccain family ended the late senator 's cancer treatment at a time that would hurt her politically. the winner will face the winner of the democratic primary where kiersten cinema is declared front runner and she's already out with the statewide ad in spanish. in florida, the gubernatorial primaries are taking center stage and on the republican side, adam putnam is trying to
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win despite his opponent, congressman ron desantis carrying president trump's endorsement. the democratic side is between two establishment type candidates, glenn graham and philip levine come and bernie sanders backed andrew gillam. >> we are not going to let trump and his friends divide us up. [cheers and applause] because when we stand together, protecting the rights of working people, nothing is going to stop us. >> so the primaries are winding down and the general election message for the next couple months could be shaped by how well candidates they are, backed by sanders. >> molly: for more on today's primaries, let's bring in kayleigh mcenany, and fox news contributor. thanks for being here today. let's kick things off in arizon
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arizona. republican rep martha mcsally, facing off against these two more conservative candidates. who wins and why? >> it will be interesting to see. of note in that race is a fact that every single one of those candidates, whether you attach the label of establishment or conservative, wants to be close to the president. this is a seat where jeff flake could not win, but every candidate in this race is abiding by the cardinal put the ball and republican primaries. we want to prevail, we stand by the president and the closer you are to succeed. no doubt about that. >> it does seem that it has helped some of the candidates out there for certain. that's the thing to watch in this race, if president trump still has that sort of power to bring in voters. >> she's absolutely right, you
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have these republican candidates across the country who are siding with president trump, they are standing by their man, but here's the thing. the real vote happens in november, and quietly on the minds of voters is that long-held principle of checks and balances. go as more of these trump minions received the g.o.p. nominations in their states, the voters are going to be saying, who is going to actually be able to be the last line of defense? the democratic party, the democratic nominee, when you look at the culture of corruption that is encasing the trump administration. >> molly: one of the things that's really interesting about what's happening in arizona is, and of course this is in the wake of senator mccain's passing so that will be on the minds of voters as they go to the polls. senator flake who was of a credit of president trump over his time in office, since the president took office, is leaving. so potentially, whoever wins the
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republican side could be more friendly to the president. then of course there will be someone appointed to fill however briefly, in for senator mccain as well. so regardless of what happens in arizona, in a sense, does president trump get a little bit of a wane? >> absolutely. the president will have a great ally coming out of this race, it doesn't matter if it's any of them, i want to argue back to the point about the president not just being a game changer in primaries but in general elections as well, we saw this in georgia, the republican was outvoted 6-1. but because she supported the president, she beat the democra democrat. connor lam, the only way that democrat won that seat is by saying, i'm not opposing the president. likewise in ohio 12 we saw troy balderson win after the president came and gave a rally in his district. so the president wins not just in primaries but in general
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elections so this will be a game changer going forward all the way through november. >> molly: shifting gears, let's head over to florida. always such a great battleground state to watch. the democrats are hoping that they will be able to think that the governor's seat back. it's been held in republicans hands for two decades now. so that is a very competitive primary race and they want someone strong to come out and compete in the general election. you would think that one of these candidates could make this happen, strong enough to move things forward. >> that's actually to caleigh's previous point, these races were president trump was able to make a difference in these districts that should not been competitive. and they were competitive because of the enthusiasm that democrats have on the sides. and this administration is
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really feeling. the opportunity for this enthusiasm is to take whoever will be the dark democratic nominee, and i personally hope it will be andrew gillam. very excited, and that enthusiasm is giving democrats and a shot the gubernatorial race. and they are keeping these races that should be very bright, bright red. >> we are playing this out across the country, and that's against glenn graham, and what we are seeing is exactly what we see in 2016. they do get out and the other side doesn't show up and
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coalesce around whoever the nominee is. we are seeing that play out in florida and arizona come all across the country, democrats are divided and it's going to hurt them in november. >> molly: nikki kayleigh mcenany, thanks for joining us today. more information on president trump's legal team with a sitdown interview with the president and what this could mean for the investigation. plus, his paul manafort softening his condition on a plea deal? and the date has been set for his second trial. but a new report says about his discussion with the council. is mealtime a struggle?
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>> molly: a fox news alert, a judge granting a request from paul manafort's legal team to postpone a second trial. and paul manafort try to strike a plea deal a special counsel robert mueller during jury deliberation in his last trial. in the meantime, "vanity fair" reports that president trump is seriously considering pardoning manafort and could also replace white house counsel don mcgann who has been opposed to that. mercedes: is a fox news legal analyst and joins us now to talk
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about all of this. mercedes, to kick things off when we see these new reports, what do you think about the idea that manafort tried to potentially strike a plea deal? >> smart, very smart thing to do. when your client is in the cross hairs especially with the federal trial looming and not federal prosecutors all over it, you do this back channel communication to try to strike a deal for your client. it is probably one of the scariest things a defense attorney will tell you for the client to be most cross hairs because there's so much at risk. we are talking about significant sentencing, at least 30 years which he may be facing which will be the balance of his life in jail. these are the things working heavily on his mind where the legal team steps in and says, let's delay the trial. >> the last trial, things certainly didn't turn out i'm sure the way he wanted them to. there are lots of counts, conspiracy against the states, conspiracy of money, filing to
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lead to false and misleading statements, a number of things. when you talk about a plea deal that doesn't happen, is it essentially just that he didn't have anything that prosecutors wanted? >> has a great point. it might just be that prosecutors are being very strident terms of what they want and what the plea deal will be. one of the most significant charges is really the witness tampering. if you don't have anything to hide it, why are you tampering with witnesses? that happened after he was out on house arrest and then of course they stopped the house arrest and put them back in jai jail. >> molly: trump is so adamant about the possibility of pardoning manna for it, he's considering getting a new lawyer, potentially someone might agree with him? >> that something that the president, i'm sure has weighed the plus and minuses of doing that. i'm sure there will be public outcry if there is a pardon, an
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and, they convicted him of those eight counts. certainly what's the fallout. especially when you have a juror, it's required to go forward. the anonymity was kept because there were death threats against the judge, and she came forward. she was brave to see the evidence came forward. in the meantime president trump's attorney rudy giuliani reportedly saying that he still waiting for a response from federal counsel. and, is that significant or not
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at all? >> we don't know what's in the letter. they will produce the president, but under these terms. so i'm looking to make sure it's meaningful, it will be a meaningful exercise. there is no precedent of having the sitting president's subpoens subpoenaed for testimony. we also know that president clinton came forward and negotiated a subpoena in -- remember the civil case for paula jones. so there is some precedent for it. and there are lots of considerations to do. and, that's a great question. there are so many considerations here that are much broader than
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just the criminal issues that may be at risk here before the president. frankly, mueller, it's been 18 months going on two years and i know the last count, it nearly cost the american taxpayers about $5 million so it's a larger-than-life living investigation, lots of witnesses and lots of documents. there is a lot on his mind. >> it will be incredible when it all does wrap up. thank you for your insight here as we are still working for that process. the president finally speaking out about senator john mccain. and some lawmakers propose renaming a senate building in mccain's honor. we have a live report. plus michael: lawyer backing off a bombshell claimed that he made about president trump. how that could impact his client's credibility. alright, i brought in new max protein
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i get to have staff again at the urging of veterans groups. in the meantime, senators remembering their colleague as they met for the first time since he passed away, and chuck schumer post changing the name of a senate office building to honor john mccain. kevin corke is live with this. >> i can tell you a bit more about that chuck schumer proposal in just a bit, but first let's call it a bit of a course correction. you of course saw the back-and-forth, or wouldn't he make a more formal statement about john mccain? we also followed throughout the day both fox news and elsewhere online as the president did finally take the high road after resisting to join the outpouring following the death of the arizona senator. it's been well documented that after mowing the flag to have
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staff, the white house and raised it 12 hours later before the president had a change of heart and lowered it again. he also issued a proclamation yesterday writing in part, despite our differences on policy and politics, i respect john senator john mccain's service to our country and in his honor have signed a proclamation to fly the flag of the united states at half-staff until the day of his internment, which of course is coming up on sunday. the back-and-forth comes after years of political polarity between the two men. mccain, may know, notoriously voted and the loss by that single vote clearly angered the president who previously criticized mccain for being captured during the vietnam war and also questioned whether mccain had his hand and the delivery of that dossier to the fed which in part sparked the
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investigation into the campaign. but last night the president put it all behind him. speak to our hearts and prayers are going to the family of sans the true john mccain. there will be a lot of activity over the next few days, and we very much appreciate everything that senator mccain has done for our country. thank you very much. >> he did the right thing. meanwhile on capitol hill, he wants to rename the senate office building in honor of mccain. still, schumer said this of his very good friend. he called john mccain a brave and honest man and he said he was a patriot. indeed. the vice president mike pence will actually speak and capitol hill at that ceremony honoring john mccain which is of course ahead of sunday service. we will have all the coverage
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for you ahead of fox news. but for now, back to you. a bombshell revelation as michael cohen's lawyer admits he was an anonymous source. president trump knew in advance about the trump tower meeting where a russian lawyer offered dirt on hillary clinton. lanny davis now says he's no longer certain about that claim. in a statement he said "i should have been much clearer that i could not confirm the story. i take the responsibility for not getting getting more clearly my uncertainty. i regret the error. the president has always denied knowing about that meeting. for more on this, let's bring in tom hamburger, investigative reporter for "the washington post" who wrote the article and your status as a source. i want to talk about this, and your words how did this unfold, how did it happen?
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>> in recent days, lanny davis told another news organization, "the new york post," that he could not be certain about what he told "the new york post" as an unidentified source, that michael cullen was prepared to testify that donald trump had advance knowledge of that june june 26 meeting, 2016 meeting that you referred to. when we saw this report we also went to lanny davis and said you were also a source for us, and we would like you to know that and report that, so that's something we could have reported a month ago with some degree of confidence but it no longer has some ideas behind it. >> molly: he has a long history of working with democrats and the clintons in this particular story was one democrats were salivating for. michael cohen is under the gun and maybe will spill some dirt
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leading to the evidence of collusion. so why trust lanny davis? >> lanny davis is someone who has been along to washington for some time, he's a lawyer and he was a lawyer for michael cohen. so when we at "the washington post" and other news organizations were trying to confirm the broadcast report that michael: had advance knowledge about -- the president had advance knowledge of this meeting in trump tower. we went to michael cohen's lawyer and said to come is this true, can you confirm this? he offered us that confirmation telling us, that the president had some advanced knowledge that someone, some people had dirt, as he put it, on hillary clinton
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and was prepared to offer it. he subsequently tells us that he regrets that he didn't tell us -- he did not have full confidence that that nation was true and we publish that as a separate news story. >> he was asked by cnn during an interview with anderson cooper whether there was evidence that trump knew about the meeting before it happened. he said it, no there's not. it seems like a more declarative statement that some of his walk backs have been. he also said regarding buzz vita, i did not need to be cute. do you think there's anything cute about this and do you think lanny davis has a responsibility to clear things up or perhaps talk to michael cohen and find out what the facts maybe? >> it certainly created a bit of confusion. lanny davis did when we asked him what was quite forthright, he said he made the error and he regrets the error.
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whether this can be further resolved, i'm not sure. one of the things that we know is that michael: apparently testified and was asked questions about this while under oath for the senate intelligence committee. and through lanny davis, the senate intelligence committee was told michael: stands by his earlier testimony and that testimony was he had no information to offer, suggesting that the president had advance knowledge. and we had the senate intelligence committee as sort of being that testimony that the president did not have advanced knowledge of this meeting, sort of where it stands and, he cannot confidently offer information to the contrary. the one that essentially takes us back to square one. now the question going forward, what do we do with any information that comes from lanny davis. >> lanny davis is a lawyer for
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michael cohen. he corrected some earlier statements that he made off the record and has no sort of owned them and said that on the record and i think we have a pretty good indication of where things stand now. lanny davis was passing along things he apparently heard from his client, michael cohen, and the place that we will look is to michael cohen himself, and two investigators to determine where the truth lies. the one you think you so much for joining us today. we appreciate the insight as to what's going on. bruce ohr is on the hot seat as he is questioned on his contacts with the author of the trump dossier. to his actions show evidence of bias of the department of justice? our power panel weighs in.
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>> molly: back to our top story, department of justice official bruce ohr on the hot seat facing questions behind closed doors before two house committees. his connection to the anti-trump dossier is what is in focus along with his wife's work for fusion gps, the firm hired by hillary clinton to push that salacious and unverified dossier. house freedom caucus chair mark meadows says his actions are raising big concerns about what went on at the department of justice and the fbi. watch. >> we have evidence that would suggest that fbi informants were told that there was no collusion, and yet it seemed to be ignored. so we are going to ask bruce ohr about that. and republic in the integrity of the fbi and doj is at stake. >> molly: let's bring in our power panel. if judy miller, and if you go garden, "washington examiner" and editorial director. thanks to both of you for coming
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in. what's happening behind closed doors, what are the answers that are most important to get to the bottom of and do you think we will get them? >> there are two things, process and the substance of the committee will want to look out. they will want to know who knew in the fbi that bruce ohr was acting as the sort of bridge from christopher steele to the fbi. a lot of people would say it's an extremely unlikely that the number for a guy was doing this without the knowledge of the number two person which was sally yates, who is unknown anti-trump partisan. as far as substance goes, they want to know, what did bruce ohr pass on from christopher steele to the fbi which was then used in the dossier and to initiate the investigation against president trump? >> molly: judy, that's been something that republicans are focusing on. is there bias. is there credibility issues, that sort of thing. they apparently have this back channel between christopher steele going back to war to
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other officials back in washington. is that what they are going to dig into and why it worked like that? >> i think that's the heart of the issue. what is he doing and whose master was he really serving, department of justice or fusion gps? while he was collecting dirt on glenn simpson, ahead of this, his wife was working on the steel dossier. they have said, no, no. my wife was not working on that dossier. she was just using open sources to collect information on the russians. i think the conflict of interest was there from the beginning, and i'm someone who does not believe in the deep state. i think the fact that bruce ohr was quietly demoted last year rates of so many questions about what he was up to and whose interest he was really serving. if he was going to have any
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credibility at all, bruce ohr's role and that has to be sorted out. >> some of the things that have already come out, catherine herridge has done a great job highlighting some things. there's a conflict between what >> president trump: 11 has said and that will be digging into all of those conflicts. but when we look at the relationships, and as we mentioned, a conflict of interest. that's something they seem to be digging in really hard on. the president is also expressing, calling bruce ohr's decision and a disgrace. will this offer republicans what they think they already have, which is that there is some criticism to be made of? >> obviously certainly well. i'm not sure whether there is a doj attorney in there as there was with peter strzok preventing him from saying certain things. so the question of whether there is still doj stonewalling on this continues.
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but i think one of the fascinating things here is, bruce ohr may not be the bridge between christopher steele and the fbi. he may be the bridge between president trump's election and the robert mueller investigation because, he was meeting with her in contact with steele right up until may 2017. >> and we are out of time on this topic. judy, you get them next word on the next topic when it comes up after the break. one week from today, supreme court nominee brett kavanaugh hearings are set to begin. our democrats out of options to block that confirmation? our power panel will be right here, we will be right back.
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>> i'm dana perino. senator lindsey graham is set to take the senate floor a few minutes from now to speak about his late friend and colleague senator john mccain. plus we are one week away from the break confirmation hearing for brett cavanaugh brett kava. and this could leave house control in limbo until 2019. we will explain on the daily briefing. >> molly: as dana just mentioned, one week from today,
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confirmation hearings for supreme court nominee brett kavanaugh to begin in the senate. some top democrats demanded a delay after michael cohen's plea deal and paul manafort's conviction but republicans rejected that idea. we are back now with our power panel. judy of course as promised, we will go to you first. the democrats have a shot at blocking the beginning of these confirmations here. >> at the democrats are full of wishful thinking about what might happen but even if all of them stand absolutely firmly against judge kavanaugh, i think that the votes are really there on the other side. i don't think the moderate republicans are going to go against him and i don't think that the people who are in trouble at home are going to vote the way the democrats would like. i really think that when somebody like them, who is the
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editor and chief of welfare which detests donald trump says, i know judge kavanaugh, he is a fine human being and a great judge. it's very hard when you have these kinds of credentials and records to really go against him. >> molly: and the idea is of course to pick up a couple of democrats. a few of the least likely scenarios they've been laying out. some of those from red states where it will be more challenging for them to not go forward with his nomination. >> it would be very difficult for joe manchin or heidi heitkamp or joe donnelly to be the boat that prevented kavanaugh from being confirmed, their home states want and confirmed. there's a great air of confidence, chuck grassley was patrolling saying he'd gone through about 400,000 pages of documentation, twice as much as any previous nominee and he said, i expect the democrats have done the same thing basically looking forward to the confirmation. >> molly: and i understand that democrats are still angry about mary garland. i think the president's nominees should have at a hearing and showed about a vote but that's not a reason to say no this time to someone who is pretty clearly
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qualified. >> molly: hugo, what about fireworks next week, where would they be as we watch the questioning and confirmation hearings on hold >> i suspect they will be pretty damp, the ones they will be raising about judge kavanaugh's decisions, the surveillance state and he's tended toward giving the power to the president to surveilled. but i don't think any of these things will be very explosive. >> molly: so you both predict kavanaugh confirmed? >> yes. >> i hate predictions but i think the money may have to be on kavanaugh at this point. >> molly: do you think it will be an easy confirmation? will there be a couple of democrats i come over? >> there will be some very eloquent statements from democrats about the reasons why he should not be confirmed, because of his view of executive power and how sweeping it is.
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i think a lot of people, given the focus on donald trump and whether or not he is abusing his authority, that will resonate with some people. whether or not it's enough to stop him, i don't think so. >> molly: we will see if it's going to be tame or feisty next week. we will see on tuesday. for the questioning i think starts wednesday. we appreciate both of you. thank more "outnumbered overtime" in just a moment. it's a pill that treats moderate to severe plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla . it may cause severe diarrhea, nausea, or vomiting. otezla is associated with... increased risk of depression. tell your doctor if you have  a history of depression or suicidal thoughts,... ...or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be.
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honor the late senator mccain will be tomorrow. we'll give you a look at that. thanks for watching "outnumbered overtime." i'm molly. here's dana. >> dana: a fox news alert. lindsey graham set to pay tribute to the life and legacy of john mccain. i'm dana perino. this is "the daily briefing." as the nation prepares to say its final farewell, we're learning new details about the funeral services for senator mccain. all this as politicians from both sides remember their former colleague. joining me now, chuck grassley. he served in the senate with john mccain for 32 years. that's quite a lot of time to spend with somebody and in some ways i feel like you're losing a family member. >> yes. what i've learned from him is


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