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tv   Outnumbered Overtime With Harris Faulkner  FOX News  September 24, 2018 10:00am-11:00am PDT

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. this is an off year election. time to fight. >> not enough fighting in washington? >> not enough. >> thanks as well. we're back here at noon tomorrow. now here is harris. >> we continue the coverage of breaking news this hour. the white house is saying president trump will meet with deputy attorney general rod rosenstein on thursday when he returns to washington d.c. this amid growing questions about rosenstein's status at the justice department. we'll go "outnumbered overtime." i'm harris faulkner. a source is telling fox news rosenstein attended appro previy scheduled meeting at the white house today. this after a claim that he she guested secretly recording the president of the united states and discussed the possibility of recruiting cabinet members to invoke the 25th amendment to remove the president as unfit for office.
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rosenstein has denied the report. democrats are stepping up warnings to president trump not to fire rosenstein. senator patrick leahy say saturday night massacres don't have to happen on a saturday. if the president fires rosenstein, he will come a leap closer to meddling in the russian investigation. catherine herridge is live in washington with more. this all shifted from the press secretary about why rosenstein is at the white house today. >> we just received a statement from sarah sanders, and it now confirms several facts and also a timeline for developments with the rosenstein case. it reads "at the request of rod rosenstein, he and president trump had an extended conversation to discussion the recent news stories because the president is at the united
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nations general assembly and has a full schedule with leaders from around the world. they will meet thursday when the president returns to washington d.c. before that statement was issued by the white house, we had reaction from the ranking democrat, adam schiff. he said under no circumstances should rosenstein offer to go. >> he shouldn't take a step affirmatively and let the president off the hook. this looks to me like a slow-moving saturday night massacre. it seems like the only question is whether he's steps take place now or after the mid-terms when the president believes he will pay less of a political price for it. >> sources familiar with white house discussions over the weekend told fox news on whether they focused rosenstein was compromised based on multiple conflicts of interest. he's a likely witness in any obstruction of justice case over
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the firing of james comey. he signed the fisa surveillance warrant for aide carter page. rosenstein also figures in the so-called mccabe memos that were reported by "the new york times" at the end of last week indicating that he allegedly discussed wearing a wire and the 25th amendment. there's a renewed focus among the president's advisers on rosenstein's decision to appoint robert mueller in mid may of 2017. shortly after mueller interviewed with the president to be comey's replacement as fbi director. as you know, mueller was fbi director for 12 years under presidents bush and obama. special counsel investigation frankly as well-established and our contacts say if rosenstein was removed, it won't continue a pace in terms of leadership position and the justice department's solicitor general that would be next in line or
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the president would appoint somebody else but they would have to be senate confirmed. at this point, we would get ahead of ourselves to speculate because it looks like it's coming down to thursday. >> thanks. more on these developments, bringing in bret baier, the anchor of "special report." great to see you today. first of all, let's not miss what is happening thursday. two things that are huge in the news now. the president set to sit down with deputy a.g. rosenstein who may or may not be in trouble in terms of keeping his job. and then the he said/she said in the back and forth over the confirmation over judge brett kavanaugh to the supreme court. you say what? >> i say that will be a newsy day. i think rosenstein, this development of this story is quite something to watch. if you look at the beginning here. the reports that he offered his resignation. and then reports that he was going to resign or be fired. and then reports that he was heading to the white house.
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then reports that he was there for a normal scheduled meeting. he's not resigning. and then the white house saying he's going to meet with president trump on thursday. the evolution of this was something. now the justice department says he is the deputy attorney general, he's just returned back from the white house and continues to serve as the deputy attorney general. what the ground truth is here, we're hearing there was some discussion whether he would resign over the weekend or not. may have been a conversation with the white house chief of staff or not. now we don't know his fate until probably thursday. >> this is a fair question and awkward for you and me. we've been doing journalism most of our lives. what is the difference between a source and a leak? >> it's fair now. you have so many reports of what's going on. none of them confirm one or the other hand come from different places. potentially maybe even inside
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the white house. >> of course. a huge issue. on these fast-moving moments where you are looking at news cycles that separate like seven times throughout the day. yeah, they're trying to control the message. who knows where this came from. somebody inside the white house looking to control the narrative this morning. what is every news channel talking about? rod rosenstein and whether this is all happening, what the white house is saying, democrats reacting. you can't do this. what they're not talking about, the next accuser for brett kavanaugh and the back and forth about all of that. you know, you have to look to the motivation and frankly as journalists, we can't be first. you have to be right. >> you have to be right. i'd flip it this way, too. it wasn't too long ago that we learned there might be people working against the president inside the white house. he's not there today. so you can flip this and say what is the narrative of somebody that would want to float this like a trial balloon
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while the president isn't there? he's here in new york for the u.n. general assembly. we don't know. what we know, there were three different streams of information coming out. your last word on this and we'll move on. >> i think that this could end up being right. it could evolve into being correct. at this moment, it's not. so we have to be careful about where we put our sourcing and make sure that we double down and make sure that we check with all sides from the beginning. they were saying he wasn't resigning at doj. >> i want to focus on a different direction on rod rosenstein and what we know to be from catherine herridge's reportings conflicts of interests for him in the position that he holds. is the president given "the new york times" article, which rosenstein denies that he was trying to wear a wire to help push the president out. if there's validity to what they're recording and they can source it and the times says
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they can and you have several conflicts of interest for him in that position, does the president move closer for justification for firing rod rosenstein? >> maybe. i think there's other people advising him that this does set a marker for any, you know, look at obstruction of justice that may be rob mueller is looking at. rod rosenstein obviously oversees the mueller investigation. there are a number of things that concern not only the white house but trump allies. but that said, rosenstein has pushed back on this wearing a wire story. and his allies have said he has said in those conversations, what are we going to do? wear a wire? in that kind of tone. and this is a battle between andrew mccabe, the former deputy fbi director and rosenstein it appears. >> it's interesting.
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andrew mccabe made his statement. we had several statements during that run of is he leaving or not leaving the administration i. >> right. mccabe was one of the first out to say that he shouldn't leave because protecting the mueller investigation is number 1. there's a lot of motivations here. a lot of people are putting out their two cents. some were integral in the early parts of the investigation, the trump probe and where it ends is the question. we're getting to a point that it's coming to a head. >> before i let you go, how does this affect the mid-term elections? >> i think that's a great question, harris. not only the kavanaugh story but this story. there is, i sense going around the country, a fed-up factor. where the fed-up meter ticks, whether it's towards the republicans, they're fed up of chaos or fed up with democrats
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and the kind of chaos that is created by all of their antics on capitol hill and elsewhere. i think that that is a double edge sword. could go both ways. republicans are fired up about how kavanaugh has been treated so far ahead of thursday. >> bret baier, see you at 6:00 p.m. for "special report." thanks. >> thanks, harris. >> so what can we expect from the justice department? bringing in james trusty, former doj prosecutor. important for viewers to know that you've had a 18-year knowledge and relationship with rod rosenstein. you've known him for that long. i want to first of all start with where we were not even 30 minutes ago thinking that we were perched to see if he would be leaving the administration and the justice department. your quick thoughts as we move ahead and find out no, he's meeting with the president on thursday. >> there's something to the
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story because of the announcement about thursday. rod's tenure is on the table for conversation with the president. you know, my own take is that the president would be wise to let him continue or leave at his own pace whenever that may be. a resignation or firing effective immediately very soon is as effective as i'm leaving january 1. i can speculate but there's open questions about what this means thursday and whether he will leave soon or later. what i can say, "the new york times" story about rod planning a bloodless coup where they sat around whispering about the 25th amendment is ludicrous. i hope that is not a basis for any of the president's decision making at this point. >> and we have secretary of state and u.s. ambassador nikki haley saying today that they weren't privy to any information like that among cabinet members or any sort of plan.
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she called it a serb. what can you move on from that. what can you tell us about the rules of succession? if your former colleague and friend of 18 years were to quit, that opens up a different line of filling his seat. how so? >> i don't want to overstate this. i believe the solicitor general is very much in play if rod were to quit. but there's going to be a confirmation process that follows at some point either way for a new deputy attorney general. so you can have partial coverage of the probe for the solicitor general while you're trying to find a replacement for the deputy attorney general employment. >> there's some reports that there may be conflicts of interest because of a prior employer for the solicitor general. would he have to get reckon firmed by the senate or how does
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it work? >> yeah, you'd have an acting deputy attorney general. >> do you know who that is? >> i don't. it's not automatic. i don't think it would fall on the chief of staff or the deputy a.g. you could have a new person coming in as the acting attorney general. it's my understanding that the solicitor general for whatever reason would become the head of the mueller probe. that sliver of the deputy attorney general's existence. you'd have a whole new person in rod rosenstein's job. >> would you think the president would have that new or acting or if it's the solicitor general in that deputy a.g. role fire bob mueller? >> i think that is the fear a lot of people have, that that would be a litmus test, that you get this position if you're coming in to fire mueller. again, that's short-sided on a number of levels. at least politically it would be a very bad day for the president
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to shut down that probe without more. i'd hope the person would basically say to the president, look, this is almost wrapped up. it's heading to its conclusion -- >> you believe that? you have it in the fourth quarter? >> you know, i don't typically like to be mentioned in the same breath of mr. comey at this point. >> i'm sorry. >> but he may have it right. i look to a couple things. if rod is serious about leaving, i suspect that might mean independent of the president's actions, the probe is getting to a wind-down phase. the other thing i look at and it's not bulletproof, but michael flynn's sentencing. the government saying we can sentencing him in november that tells me for whatever reason they're not going to use him anymore or he's not available for testimony and we're heading towards a conclusion, a report by the end of november. not bulletproof. other ways to get around that
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but that's how i will take that. >> james trusty, thanks for your time and expertise. >> thanks, harris. >> we're waiting for the possibility to hear from president trump about the latest questions over deputy attorney general rod rosenstein's future, a live report from the united nations where the president is meeting with world leaders. the fight to confirm brett kavanaugh. new allegations are surfacing against him. how the white house is pushing back. stay close. i'd like to take a moment
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>> harris: we're awaiting potential reaction from president trump as we learn he will meet with deputy attorney general rod rosenstein thursday amid questions of rosenstein's future. this follows "the new york times" report. right now president trump is in new york city for the u.n. general assembly. that's where we find john roberts traveling with the president. john? >> harris, good afternoon to you. appeared to be a lot of drama that rod rosenstein was leaving the department of justice, headed to the white house for a prescheduled meeting. we're told that he's going over there expecting to be fired. no one at the white house ever said that he was expected to be
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fired. rosenstein telling people close to him that he expected that this was going to be it for him. now we learn that the president had an extended conversation over the weekend about this and will meet with him thursday. we had an opportunity a short time ago to question some top-ranking white house officials, two of whom have been there since the beginning of the administration with about what they knew and what was going on with rod rosenstein. listen here. >> as you spent the morning with the president, do you have any idea what is going on with the deputy attorney general? >> we don't have any comment. ask the white house about that. >> so they left it to the white house to talk about that we saw the sarah huckabee sanders statement that catherine herridge read out at the top of this hour. the subject of whether or not there were any discussions about removing the president under the 25th amendment did come up a
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little bit later on in that press conference that we had. rod rosenstein and the article last week was said to recruit cabinet of which haley and pompeo were, to find out if there was any support for taking out the president under the 25th amendment. listen to what pompeo and haley say about that. >> i have never once been in the white house where that conversation has happened. i'm not aware of any cabinet members that are talking about that. it's completely and totally absurd. >> i've been at the center of this administration along with lots of folks for virtually day one. it was day three or four. i've never heard anyone talk about it, whisper about it, joke about it in any way. >> so there's going to be a very busy thursday on tap for us, harris, when we have the president meeting with the
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deputy attorney general, we have the kavanaugh hearings on capitol hill. the president the next 2 1/2 days is going to focus on foreign policies. he's got the big speech at the u.n. general assembly and the speech before the security council thursday we will tear a strip on i ran and saying if president rouhani wants to meet, he's happy to do it. harris? >> harris: this just in from "the new york times." it's been that kind of day. people talking with other people. "the new york times" is reporting that rod rosenstein, deputy attorney general is planning to leave his job. it's not immediately clear whether he is expected to be fired by president trump or whether he plans to resign. that's -- we'll see. back and forth. john roberts, as you cover the story, we'll come back as the news warrants. you may get an update. never a dull moment. thanks very much. and judge andrew napolitano, fox
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news senior judicial analyst just e-mailed me that from his phone. we were on the air. i've been trying to crash read this. all of this sort of history of reporting with what source told who. on thursday we'll find out what happens. between now and then, what is going on legally with what we see before us? >> nothing. what is going on is that rod rosenstein is still the deputy attorney general, the chief operating officer of the justice department. he's the chief operating officer and chief executive of the mueller probe because jeff sessions is voluntarily out of the picture on that. whether there's any maneuvering going on with various aides saying fire him, you have to take a stand, don't fire him because it's a gift to the democrats and bob mueller, i'm sure that is going on. we know from catherine herridge and other sources it was going
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on over the weekend. the president provoked it. he started it open air force one friday, should i fire him or i shouldn't. that's the way the president thinks. >> harris: so you mentioned catherine herridge's reporting. the alleged conflicts of interest of rod rosenstein, witness to the comey firing, potential witness in any obstruction investigation. >> those things -- >> harris: for an example. >> -- would be a pretext for the firing. the real reason for the firing is because of donald trump's conclusion that the person that was actually running the justice department is not loyal to him and may have plotted to under do his presidency. >> harris: and if it can be sourced and proven that -- because you have nikki haley now, the ambassador to the u.n., secretary state pompeo saying it's ludicrous, those conversations didn't happen. but if it can be proven that rod
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rosenstein even said it in gest, does the president say that is a guy that doesn't have any back? >> in the president's mind, yes. but to his credit, he doesn't need grounds to fire him. as long as the republican is not against public policy. he couldn't do it for an illegal reason. but he can fire him because he doesn't trust him, doesn't believe him. that's a basis for firing. >> harris: so for the president's base, they like that renegade attitude of you know what? you do deserve to have the people around you especially the leaks, the atmosphere around this president. >> a lot of people that you know and like, you and i know and like, even some in this building, have been lobbying the president do not pull this trigger -- >> half of them do -- >> until after the mid-terms. this is to goad you to firing him. firing him will be a gift to the democrats. it will look like you're trying to obstruct bob mueller's
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investigation. i don't know how it plays. but among them, mitch mcconnell, who has the kavanaugh thing in his hands and may be slipping through his fingers have been urging the president not to do this. >> you have two things going on simultaneously on thursday. the president, the deputy a.g. meeting and kavanaugh and dr. ford in a he said she said. >> the dr. ford judge kavanaugh confrontation will be the highest television ratings in recent history, this is a confrontation with the future of the supreme court on the line. there are no rules. there's no obligation of dr. ford to prove her case. there's no obligation of just kavanaugh to disprove her case. it's a question of impression, not reality, impression. who is the more reliable and honest of the two. in my opinion, a tie, he loses. >> harris: judge, thank you. the white house and judge kavanaugh pushing back at a second allegation against the supreme court nominee while
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democrats step up calls for kavanaugh to withdraw. you heard the judge's take. where this may go next with the other judge kavanaugh and his accusers due to testify thursday. stay close.
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>> fox news alert. brett kavanaugh and the white house fighting back against the new allegations of sexual misconduct against the judge. another woman said that kavanaugh exposed himself to her when they were at a party at yale. republicans are calling it's a smear campaign by the democrats. the president defended the judge. >> this could be one of the most unfair, unjust things to happen to a candidate for anything. but i am with judge kavanaugh and i look forward to a vote. people that come out of the wood work from 36 years ago and 30 years ago and never mentioned it and all of a sudden it happens
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in my opinion is totally political. >> harris: some democrats are calling for judge kavanaugh to withdraw his nomination, including ted lu and senator kirsten gillibrand. peter doocy has more. this is a story that keeps moving faster and faster. peter? >> right. that's because democrats are accusing republicans of being in too big of a rush and not taking seriously these allegations from a yale classmate of brett kavanaugh, debora ramirez who says that kavanaugh at a party exposed himself. >> they cannot get their arms around the fact that woman don't make these things up. they just want to call it politically motivated. >> and diane feinstein is
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writing to ask for an immediate postponement and the fbi investigate. if you join our request for the fbi to investigation the allegations of christine blasey ford as well as the new claims. we have no indication there's a delay in the proceedings. i spoke to a republican senator today who is pointing to "the new york times" report that they couldn't find anyone with first-hand knowledge to back up claims against kavanaugh and this republican senator mentioned that if someone did what kavanaugh is accused of doing while they were in school, nobody would have forgotten the incident or the person that did it. now another senator, tom cotton, republican of arkansas, says the democrats are engaged in a campaign of delay and character assassination against judge kavanaugh. it's time to vote this week. senator lindsey graham agrees. he just put out a new statement that says he wants this hearing with the first accuser thursday
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and wants to have a committee vote about kavanaugh soon after. harris? >> peter doocy, let's get more on this. congressman ted yoho is here in person. you and i have spoke many times. >> we have. >> harris: in the little satellite boxes. >> we have. >> harris: great to see you in person. >> an honor to be here. >> harris: we just got a change about some of these people that came forward. the "new york times" says they won't be at this point reporting on the second woman who has come forward for journalistic reasons. in montgomery county, they say they're not currently investigating claims of a woman, ex-classmate that came forward with some corroborating information that she said. they couldn't drill down on that and they're not investigating what do you make of this? >> it's like we see over and over again. it's character assassination. we saw this with judge roy moore. it was real big going up to the
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election. as soon as the election is over, you don't hear anything about it. these people have had ample time to come out in the last 30, 40 years and there's not been any talk of this. if they are true, they should have come out earlier. the investigation, you know, if they don't go to the second one, that's fine. >> harris: chairman, how complicated has it become with the #me too movement for leaders on the hill to look at these situations? everybody has an opinion about whether they believe so and so or not. the evidence is what it is. >> the me too movement, if there's wrong done to anybody, you know, we need to go after that. it's so sterile up there. i couldn't compliment you on your hair or you outfit you have on now or somebody would say, that was a pretty presumptuous and -- it's gotten sterile up there. you know, people are afraid to do their regular job during the course of a day. >> harris: and that hurts the real victims that come out and
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want to be heard. how important is it do you think that we hear from dr. ford at this juncture? >> again, dr. ford should have come out when it happened. she should have come out during that course. he's been a judge for i don't know how long. there were ample opportunities to come out. i think it's very suspicious when they wait till the very end and bring up something from college days. you and i went to college. i can't remember what i did -- >> i wasn't 15 at the time. she was a child not much older than my oldest child. i hear what you're saying in terms of this, the political timing for this now. he has been a federal judge a long time. that's a very important job as well if someone were to speak up. thursday now has turned out to be a very interesting day for a lot of reasons. now you have the president set to sit down with his deputy attorney general, rod rosenstein after after the rabbit chasing that we did with that story, all eyes on that. this is a life-time appointment with judge kavanaugh. what do you want to see happen on thursday?
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what are some of the questions for both kavanaugh and ford that you want to see asked? >> i think on kavanaugh, is it going to interpret the law the way it was intended to be interpreted, can he do that in his present capacity. his record has shown that he's remarkable in what he's done. so i think we should focus on those things. i want to go to an aside here. in america, we have so many problems. wi we are $21 trillion in debt a rising china, north korea going on. we can't get our legislative work done -- i don't want to call it drama. if somebody happens, there should be some closure to that. we spend so much time working and spending over here that we can't get the work done that we're here to do in congress. and i think at some point we need to set that aside and have that day in court but yet don't focus or don't drop the ball on what we should be focusing on.
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>> harris: you know who agrees with you? the american people. they're facing a new enrollment for the healthcare. the president wants to hit that issue one more time. >> needs to be. >> harris: the democrats have ideas. people just want their problem solved. >> president trump has done a remarkable job. we have a bill being called the build act that reforms foreign aid. this is something the president has wrapped his arms around that we can move aid to trade as quick as we can. the president has done a great job with leadership on that. that's the stuff that we can get done if we focus on that. if we're distracting, side shows or circuses, but they look that way to the american public. the american public, like you said, wants us to come in, get the job done that we're elected to do and run the country. >> harris: thank you for bringing us details on that. >> i think i would give you a
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segue. >> harris: we like extra information that counts for the people. thanks very much. good to see you. >> harris: more on rosenstein's future with our panel next. stay close. benjamin franklin captured lightning in a bottle. over 260 years later as the nation's leader in energy storage we're ensuring americans have the energy they need, whenever they need it nextera energy.
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and i were talking about. the journalism. we want it in air quotes. we learned who is talking to whom. >> yeah, this latest crisis for rosenstein really began with "the new york times" article alleging that he was considering, you know, suggesting a kind of bloodless coup in which the 25th amendment would be used to get the president out of office. it was a heavily anonymously sourced story. it was -- it started a firestorm yet again in the white house. mr. rosenstein has been under a pressure a long time because of his oversight of the mueller inquiry. we're now talking about stories that drive news, that drive presidential reactions, that drive firings or resignations. we're in a whole other world here of hurt and blame and pain and implications and repercussions. >> and chaos. >> utter chaos. >> that's the democratic
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strategy here, whether it's rosenstein or judge kavanaugh or donald trump himself. these accusations keep coming. the idea is to create chaos about the trump presidency and suppress republican turnout because they're turned off by all of the anarchy happening around the trump presidency. i think it's all of a piece of what is happening, whether it's rod rosenstein or judge kavanaugh. >> harris: i'm being told to check out some breaking details here. kind of texture for the story. apparently chief of staff john kelly also met with rod rosenstein to talk about this "new york times" article on friday. >> well, doesn't surprise me a lot of meetings are being held and a lot of people are asking mr. rosenstein about what he said and whether or not what he said was in gest or seriously. i mean, you know -- >> harris: can i ask if it matters? >> i was about to say, i'm not sure that it matters at this
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point given where we are in the mueller inquiry. if the reporting is to be believed, we're nearing the end of this process. so it doesn't matter. >> harris: when you say something, sometimes you do put it in as a joke. doesn't mean it's not true. i'm saying that from my own recording and what i've seen people do and how they handle things. >> the idea that rod rosenstein would be suggesting using the 25th amendment is absurd. >> harris: even as a joke? >> even as a joke. nobody would consider using the 25th amendment inless the president was incapacitated, which suggested this is a made-up story. there's nothing wrong with the white house asking him to come up and clarify the situation given the volatility of what is going on right now. >> harris: so you think it's made up? fabricated? >> i think it's -- yes, a lot of what is going on right now. >> harris: you're shaking your
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head. >> no. people are leaking for a political and partisan purpose. >> harris: nasty. >> the danger for donald trump is that it would inflame the obstruction of justice idea, the mean that has taken hold. it's a political danger for him if not a legal one. >> harris: all right. power panel stays. we're excited about that. the white house firing back after another woman has come forward with allegations of sexual misconduct against judge brett kavanaugh. we'll come back on what it means for the confirmation process going forward. >> he's calling this a smear campaign. it's starting to feel like a wrestling conspiracy. every veteran, every service member out there, if you're thinking about buying a home you should come to newday usa first. there's no money down, it's the best vehicle that a person who served in the military or is serving today has today to have a new home. if we can possibly get that veteran in a home we're going to do it at newday usa.
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. >> hi, everyone. i'm julie banderas in for dana perino. we have quite a show. we're waiting for the president to head to a meeting at the u.n. general assembly here in new york. with the future of deputy attorney general rod rosenstein very unclear in this hour and with more allegations surfacing against brett kavanaugh. will he address those topics? find out today on "the daily briefing." >> harris: fox news alert. push back from supreme court nominee brett kavanaugh and the white house after a second woman has come forward with
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allegations against the judge. she said he exposed her at a party. watch. >> she has said she can't be sure. she said there's gaps in her own knowledge that she was inebriated as well. she can come and tell that story. i think it's very circular though to have a new yorker story come out with much thinner evidence than they're used to having and the democrats saying, oh, we have to investigate. >> harris: meanwhile, some democrats are blasting claims that these allegations are politically motivated. >> this is a part of their narrati narrative. they can't get to the idea that this investigation needs to occur. they cannot get their arms around the fact that women do not make these things up. and they just want to obvuscate
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that by calling it politically motivated. >> harris: all right. the last couple minutes in that commercial break, we learned that judge kavanaugh has sent another letter to grassley and feinstein calling it a smear campaign. you have that congressman used by the congressman from florida and character assassination, brought up roy moore from alabama, widened out the conversation. judy, your thoughts. >> you know, we spoke earlier. you mentioned the fact that if we have an allegation, that's one thing. if we have a pattern, that's something else. but i think what we're seeing here is a split that is totally along partisan lines. republicans want to believe what congressman yoho said and democrats want to believe that judge kavanaugh is not fit to serve on the court. i think the american people will
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decide when they see dr. ford testify and judge kavanaugh respond. it's up to the american people. >> harris: we saw that in alabama. >> we did. >> harris: that's what he brought up. >> absolutely. >> harris: what i have that mirrors what year talking about, new fox news polling. can we pop it up? about things following along party lines, democrats 59%. christine ford and 60% of republicans support brett kavanaugh. your thoughts, dan. >> we're supposed to use advise and consent, not opinion polls. to judy's point, if you read "the new york times" story on this latest accusation, "the new york times" has said they interviewed several dozen people, none of whom could provide first-hand corroboration of this incident. so you've got here a second-hand
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hearsay. >> harris: but this is not a court of law. that's what everybody is reminding -- >> it's a nomination to the supreme court. >> harris: that's what people believe. >> we don't conduct supreme court nominations based on opinion polls. i'll tell you this. i think chairman grassley and the republicans have to get to this vote and stand firm or their base is going to collapse. republicans and republican voters are getting very frustrated with the democratic strategy of delay on the kavanaugh nomination. >> harris: you see it bringing people out among the gop or the the mid-terms. that's part of the concern, among republican leadership. >> as it develops along the lines it is of brett kavanaugh being accused of things for there's no defense, yes, it could drive republican turnout. >> judy, the kavanaugh letter also says to grassley and feinstein senators that he will not be intimidated to withdrawing. >> we know that he won't pull a
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rod rosenstein. >> harris: that he will be fired? if that was even out of his mouth. >> it's not the american people deciding on a supreme court nomination but their legislators, the senators apartment congressmen that face re-election will face a lot of angry people on both sides, angry women or angry republicans. either way, they're in a difficult situation. i think thursday will be crucial. >> harris: a lot of breaking news. >> this could be used against anyone, including democrats. >> harris: we're coming right back. thank you both. insurance. just call geico. geico helps with homeowners insurance? good to know. feeling better? i love you, pookie bear. [parrot 1] i love you, pookie bear. [parrot 2] i love you, pookie bear! [parrots] i love you, pookie bear!!! get to know geico and see how easy homeowners and renters insurance can be.
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>> harris: it has been a very busy afternoon. here is before and for the 27. >> julie: fox news alert on fast-moving developments. attorney general rod rosenstein. brett kavanaugh defends himself on a new letter wearing hearing about. hello, everyone, i am julie banderas in for dana perino. this is "the daily briefing." ♪ >> julie: we begin with rod rosenstein. this morning, his job was in jeopardy. heading back to the justice department with an appointment to see the president this thursday. the same day, judge kavanaugh's accuser is set to testify in a dramatic public heari

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