With a deadline today about whether his accuser will testify before the judiciary committee. His friend tweeted an alternate theory accusing an innocent look alike before deleting and apologizing. As joe biden considers whether to run for president in 2020. Might he have an anita hill problem for his role in the Clarence Thomas hearings . And could there be a worst week for his sentencing for Sexual Assault . What will the me too factor be . What are we to make of the times story friday claiming Deputy Attorney general Rod Rosenstein discussed the possibility of invoke thing twoivth amendment and suggested wearing a wire during his dealings with the president. This will onwn fuel the cries o witch hunt in this investigation. If youre the president he calls ag Jeff Sessions and says fire rosen stun. When sessions refuses, he fires them both. Then he install as pliable ag that shuts down the Mueller Probe. Im just observing the cover the story provoids him. At least one person said rosenstein brought up wearing a wire ingest and other outlets are now backing that up but thetumes report it he tds twice. Rosenstein denied the story and calling it factualy incorrect and quoting anonymous sources. And after the white house meeting issued a second denial saying quote i nv pursued or authorized are cord thing president and any suggesten is absolutely false. Go to my website this hour and answer this question will the president now fire Rod Rosenstein . Joining me is allen dershowitz. His latest book is the case against umpeachiimpeaching trum if hes smart, hell talked a vantage of this and not fire either of these people . Why . Sessions is going to be leavic after the midterms no matter what and rosenstein, he has the constitutional authority. No president has to tolerate somebody who may have tried to pull off a palace coup. Though we aught to have hearings on this. We need to have facts rather than he said, he said, she said. But what he could do it very plauzably is have his lawyers go tocourt and make movement to remove rosen stain because he has a conflict of interest. First, he wrote the memo and wrote it willingly, authorizing the firing of comey. You cant investigate an ubstrekz instruction of justice and be part of it. The times reports that his goal is to be vindicated and the way he can be vindicated is by putting all the blame on President Trump. So i think a court would look seriously on a motion to recuse and that wouldnt make it into a saturday night massacre, it wds make it into pursuing a legal remedy that everybody is entitled to pursue. As i heard the first part of your answer, youd tluk see him under oath answering questions to whether this is true. Absolutely. And everybody else who was in the room. Let them testify as to a, what he said, the tone, are there any memos. Remember his denial is a vague denial. He said i didnt pursue or authorize it. I thunk its true he didnt perstew. If that tells us something about his state of mind after having writen the memo to fire comey, it tells us a great deal. I dont think anybody should do anything just like in the kavanaugh case. People love to say i believe him, her, him. Youre not entitled to come to conclusions about belief until you hear the facts. Facts are stubborn things as john adams taught us 200 some years ago. Last night again with regard to rosenstein. Heres something he said in springfield, missouri. Youve seen whats happened at the fbi. Theyre all gone, theyre all gone. Theyre all gone. But theres a lingering stench and were going to get rid of that too. I think i know what hes talking about with the lingering stench. I have to believe this morning that conversation at bed minister, which is where the president is located is am i better served with or without rosenstein and maybe the calculus is when the Mueller Probe is concluded i get to say whos surprised about the outcome . Afterall you have this guy rosenstein who want tootd weed wire on him. Right now rosensteins on the defensive, youre on the offensive. Poperal actual for the first time looking a little sympathetic towards your claim that the investigation is not a completely objective one. I think yesterday was the best one for President Trump and the day before. I think this rosenstein revelation plays into the strategy that this is to be tried in the court of public opinion, looking towards a possible impeachment and now if you have a tainted prosecution by a guy trying to conduct a palace coup, he has to go back to school and read the twoic25t amendment. It was not designed to let people in the administration take over the government because they dont like the way its being run or theres disorder in the white house. Thats not what the amendment was all about. I underscore your comments bute those weighing in believing one or the other. Im so disgusted with those that have already rendard verdict without hearing from the participants. Therefore whereby was disappoint would the president pouting his thumb on the scale and saying if this occurred can, she or her parents would have gone to the fbi, he presums. I think hes completely wrong about that. We know many, many people who have been subject to Sexual Assault, particularly when theyre 15 years old at a Drinking Party are going to be very reluctant and people mature and i thing we have to understand why she may have waited to make this revelation to her husband, therapist but i think it would be best by the way to have him testify only after she testifies. During the inquisition they with would have the accused first give his testimony. Only then would the accuser come forward. I think it would be good if they were both examined by careful, sensitive litigators, rather than senators worried about their political futures and how they will look on television and in the end we have an opportunity to come to some reasoned judgment. And i think its going to be in the end, inconclusive and then wi we veto determine 17 year olds and 15 year old said by a man who led an exemplerry life. We shouldnt make it without absolutely all the evidence. I agree. Give them as much time as they need. This is too important to come into being and we lehave to pass the shoe on the other foot test. Would we be say thing same thing if this was a liberal president who had a similar accusation . I always apply and pass the shoe on the other foot test. Whereby want to make sure everyone else does that. This morning Hillary Clinton talked about an investigation. She was absolutely right but she was not the right person to make that argument because she didnt pass the shoe on the other foot test when she participated in trashing the women who were mang that accusation. You have to pass the shoe on the other foot test. I like your comment relative to approach. I have been continually underwhemed by members of the Senate Judiciary. Id much rather intrust you or me. Ill carry the bag to do the questioning of whats too come. Id rather have a sensitive, woman experienced litigator who will have experience on all sides answer the question. Go to my facebook page. Ill read responses throughout the course of the program. Will this be what led me to conclude and listen, heres the story in the print version of the times. Youre making a great point which is to say the president in firing rosenstein now needs to rely on the failing New York Times and on andy mccabe and mccabes version of this was accord thing to New York Times. Theres a real conundrum. Answer this question. Will the president now fire Rod Rosenstein . Up ahead the deadline is now 2 30 p. M. Today. Will dr. Christine blasey ford ever come to an agreement accusing Brett Kavanaugh of Sexual Assault and will this effect the womans vote . Why didnt she come out sooner if shes tell thing truth . Tell me what boy hasnt done this in high school . Tell me. We cant judge the character of a man based on what he did at 17. Every household has its moments. Sears makes it easy with kenmore. Now get even more. Get more value and get more performance with top of the line appliances. Get more done when you shop kenmore at sears. Now get up to 30 off appliances. Plus get an extra 10 off when you shop on our member day on sunday 9 23. Visit sears. Com kenmore to see how you can get more from kenmore at sears. Are you one sneeze away from being voted out of the carpool . Try zyrtec®. Its starts working hard at hour one. And works twice as hard when you take it again the next day. 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Find out more and get out of line today. Slonly remfresh useseep one in ionpowered melatonin ht. To deliver up to 7 hours of sleep support. Number one sleep doctor recommended remfresh your nightly sleep companion. 2 30 p. M. Today. Thats Chuck Grassleys latest decision for lawyers for Christine Blasey ford to testify. Its reminiscent off a trial, only this one will be decided in the court of public opinion. Sadly, many people, including senators are reaching conclusions without even hearing from the parties. The wall street journal poll found just 5 of democratic wem withen support kavanaugh. And 70 of republican women still do. What if this were a trial . How might different individuals react to the evidence . I thought why not ask a jury consultant in what he would do in seeking a jury for this kind. And this is a little unfair to you, david, because you would first have a focus group, right . Look at the issues. And then you would reach some conclusions. You do a whole lot of Purchase Group swz that could go on for a good long time. This is a whole lot easier, this case. How so . Well with, anyone who is strongly pro trump or strongly pro choice, i dont care how credible or without credibility the two people testify, theyve already made up their minds and thats not going to change them. And the reverse is also true. If youre in the camp thats strongly antitrump or strongly did i say pro choice . Strongly pro life, then its a given that you will be in favor of judge kavanaugh. But if youre strongly pro choice and strongly antitrump, either of those two things, youve already made up your mind. You may not even know you have, but those two drivers are so strong that youll not let yourself hear the other side with any credibility. Not that youll make a dishonest choice to yourself. Youll think youre being fair but both sides will hear differently. For the middle go ahead. Whereby wai want to ask you about gender. I think theres a pushception men will line up with kavanaugh and women with howmany of you believe judge cavanaugh . How can we believe the word of a woman when this guy has an impeccable reputation . There was maybe a touch. Really . 36 years later shes still stuck on that . My experience as a trial lawyer shows theres truth in that in so far as women can be very circumspect of other women. Theres no way to ever choose any jury on demographics. Youve got to go into specifics. A woman who is pro abortion needs kavanaugh on the court. A woman who thinks trump is wonderful is not going to make any decision against kavanaugh and thats true male or female. The numbers will vary by those for and against trump. Particularly here. Because abortion is probably the single most important issue driving the evangelicalses and its also very important for people on the other side as is the trump thing all guyself. Demographics has got nothing to do with hardly any case. I think you meant pro lie but i get the point. Yes, i did. It comes down to the apportion issues and the views they hold relative to trump. And if you know that, you probably know thanks, michael. Apprec wrat the time. Lets see what youre all saying. What have we got . Theyre going to crusify her and appoint Brett Kavanaugh anyway. I dont know where it ends up . I dont have an opinion. I dont know whos tell thing truth. I want to see them. From what ive read. I see two quality people. Quality in so far as theyre well credentialaled. Led exemplerry lives apart from this incident. Theyre surrounded by people who love and respect and admire them. My suspicion is the same as professor dershowitz that they will make credible appearances and people will come to different conclusions. And thats why im trying to get straight in my own mind what is the standard by which wie should judge them . His day gig today is pretty sniff can cant. A lot of law gets made in the Supreme Court. 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My biggest regret was i didnt know how i could shut you off because you were a senator and i didnt you urattacking anita hills character. What happened was she got victimized again during the process. How might bidens actions be viewed in the me too movement who previously may not have been aware of bidens role and a professor at George Washington university. Tell me what you do with your students in this regard . Sure. The students are encountering this inside a women and politics course where we talk all semester about how do women gain entry and how seriously are they takeen inicide of instugzal politics and so we encounter hill inside of that framework and so were watching the hearings in class to think about first and what the students notice is that theyre encountering a joe biden that they are holy unfamiliar with. And so the impression of who they regard as obamas buddy is . Clueless i think is a major response from my students. When he asks her to tell the panel what was the most embarrassing of the incidents that she alleged occurred and then pushes her further after that to sort of suggest we cant really help you if you cant tell us in graphic detail what happened and if you cant tell us in judge thomass own words what happened in these incidents. They view it as him asking her not only to relive her trauma but really questioning himself. Questioning her credibility and sort of setting her up to fail in the hearings. I have that clip and ive seen it so many times this week, which is what made me want to quickly speak with you. Roll the tape. I want to ask you a question about it. Can you tell the committee what was the most embarrassing of all the incidents that you have alleged . I think the one that was the most embarrassing was the discussion of pornography involving women with large breasts and engaged in variety of sex with different people or animals. That was the thing that embarrassed me the most and made me feel the most humiliated. Its uncomfortable to hear that these many years later but im not so sure thats joe bidens fault. It needs to come out. Its going to need come out this coming week, right . Someone needs to afford these women to tell their story in whatever graphic detail is appropriate. I think youre right. It needs to come out. I think the biggest mistake biden makes is where he pushes back on her because he feels shes not using graphic language that was probably used by thomas and suggestests if she cant use the exact graphic language, that her credibility is shot and what happens is that the inspector runs with that in the hearings later on. So i think what the difficulty is is giving the accuser not necessarily the been if the of the doubt but the unlt to discuss what happened without suggesting that if you cant redpraul a televised audience, describe this in graphic detail in front of all of us, it probably didnt happen. And for the record i felt the same about senator specter, that he bore this undue burden. He was a former prosecutor who approached both hill and thomas in similar fashioni trying to gt to the bottom of it. Thank you, professor. Sure. Thank you. I want to remind you to answer the survey question. Smerconish. Com. Will the president fire Rod Rosenstein . Former clerk for Justice Anthony scalia launched an alternate perpetrator theory. How did he think this was a good plan . Sears makes it easy with kenmore. Now get even more. Get more value and get more performance with top of the line appliances. Get more done when you shop kenmore at sears. Now get up to 30 off appliances. 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Better life. Id say you cant make this up but somebody did. A series of tweets from a former Supreme Court clerk tried to blame another class mate of kavanaughs for the assault. As you know he has said i c categorically and unequivocally deny this alfwagz. I did not do this back in high school or any time. And someone saying maybe dr. Ford is just blame thing wrong guy. The source was shocking. A former clerk to justice antonin scalia. Whalen, whos been involved in helpinged a vs cavanaugh. The Federalist Society has ben with a names and will havo about a possible house where the assault could have taken place, the pressen tagsz was slick, sophisticated and he went so far as to provide the name off a class may mean mate and teammate of Brett Kavanaugh pfsz i couldnt believe he pointed a ficcer so specifically at a private season and said she knew them both and quote theres zero chance i would confuse them. And issues an apology i taegs in a way that identified the yorj town pep lawsuit. I realize that tuz not untew the mistake. Joining me is seen wrr reporter who wrote this piece. Ed wailens tweets have created a second kavanaugh scandal. He granl waited Phi Beta Kapa and hes a deep political operative. He knows how to play it and all the players. Most telling in my eyes, pee he was responsible for two Supreme Court justices. So he knows all of the people and according to peat schmidt, wailen was in the loop on the innerdetails of republican strategy there. Its difficult to imagine he didnt talk to anybody and theres been reporting he did. Speak to at least one member of the Senate Judiciary committee. I thought of orn hatch who told a colleague hof of mine maybe was this consider to be some kind of ace thing hole by the pro kavanaugh forces . Its not at all crazy theory. Its a major pr firm. Back toin 2004 election and she tweeted people needed to watch his coming days. Why would he sign post wailens tweet . I dont want to sound like a conspiracy nut myself. I dont know anything on the inside. But i can tell you based on someone with the way things work withing d. C. This stinks. I would with never compoubd the mistake that he made in this refward. The level of sfis kpagz. The floor plan of the house and the actual scare case, this was very methoughtically done. A very slick presentation. Hes by all accounts a zbraer lawyer and operative. I dont want to make it seem like this is a fly by the seat of your pants information. And hes in a lot of trouble and he went to Great Lengths to expand on a really troubling and i think potentially libelous series. If in fact he said its a case of mistaken identity. I think thats a fair question should it all unfold. Yes. Because of potentially illegal action. That raises question about his judgment, smear a middle school teacher. Thats not the quality you want. A sirt Certain Network ran with this stoory as they did put ting out there and i worry about how men ea amarpdens sawing if was some other guy because i saw the pictures. Anyway, thank you for being here. Thank you for having me. Catherine, what are do we got . This is reprehenszable and did kavanaugh go about this . If so, adios. I think hes made denials. But this is an entirely appropriate question to be asked this week and i hope theyre not all getting ready for commercials but they get into good listeners. Still tacome mafren frens inneemt and about to be sentenced for Sexual Assault. Could there be a worst week for bill cosby to have his fate decided . Looks like i picked the wrong week to quit smoking cigarettes. Picked the wrang week to quit dining that get damaged along the way. Another way we have your back. The powerful backing of american express. Dont live life without it. Plaque psoriasis tremfya® is for adults with moderate to severe plaque psoriasis. 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Joining me now veteran defense attorn ea, william j. Brennan. I imagine if you were representing him the, you wouldnt like what youre seeing on tv these days. Youre madging correctly. The last thing i would want to see is this 24hour news cycle. What going . Im not going to waste time, im going to tell you exactly what i expect. 7 and a half to 15 years. Heres the breakdown. It is in the middle of the guidelines, the maximums very few get. If you shoot a dart in the middle of the guidelines, 30 months. 30 if he stacks them for all three counts is seven and a half as a minimum, seven and a half to 15. Michael, you have to remember, this is the same judge that sentenced a local lauwyer on similar charges to 10 to 30 years in prison. So the fact this is all in the public limelight and it will be a courtroom i imagine full of cosby victims must weigh on the judge as well as he looks out during the course of the proceedings. It does, but i think this judge, judge oneal, who has been through this case now twice and is a seasoned judge, i think he will be able to steel himself to pressure. When he saw the documents, ruled against additional aaccusers testifying. The five that testified at trial can come in. Thats going to be District Attorney steels argument. Although he is only facing conviction and sentencing on miss constand, it is going to weigh heavily on sentence. Obviously there will be an appeal. What does it mean in terms of cosbys freedom at the end of the day monday . His defense lawyers will immediately file for bail, pending appeal. First you go to the trial judge, judge oneal. You have to show theres some type of viable appellate issue. The likelihood is low because oneal would look at probably the uncharged misconduct rule or selfincrimination ruling, deposition testimony, and in essence if he says yeah, looks like you have a good appellate issue, he is second guessing himself. I predict they will not meet with success there. But they may meet with success in the superior court. When we tried the Catholic Church case, the codefendant to father brennan was successful on the exact same issue. He didnt ask for bail but got a new trial because the trial judge in the priest case allowed uncharged misconduct evidence and the higher court says it was too prejudicial. He was not successful getting bail on that issue. Bottom line, whats the image were seeing monday night on television . I believe that you will see dr. Huxtable, william cosby, out the side door on his way to state prison, and i believe he will be in a pennsylvania issued jump suit by monday night. Bill brennan, thank you for being here. Thank you, michael. Still to come. Best and worst tweets and Facebook Comments and the results. Have you voted yet at smerconish. Com. Will the president now fire Rod Rosenstein . Go do it. vo this is not a video game. This is not a screensaver. 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If the president thinks mueller has something devastating and uses this opportunity to clean house, get rid of sessions and rosenstein and mueller, otherwise he leaves them around to provide fodder so when a damning report comes out from mueller, he gets to say the whole thing is rigged. After all, this guy wanted to wear a wire on me. Whats come in, catherine. Smerconish, if he fires him, nothing will happen. The republicans will do nothing. On another note and story, is mccabe anonymous . I dont think so. I thought you were going to ask a different question. Is rosenstein the anonymous source for New York Times. What else . Your bias is so prevalent that you are blienlded. Have you looked into the deshl Death Threats that mrs. Kavanaugh has received, shes a woman. Fake news. Hey fawn, youve just exhibited your bias. That tweet should say what a shame that both of these individuals and we dont know which one is telling the truth, what a shame both of them are subject now to all of this ridicule, scorn, and Death Threats online. I note you only point out shes the victim of that. I dont know what to believe yet. Keep an open mind. One more quickly. You are carrying trumps water also, michael smerconish. Carrying his water, yet out to do him in. Thank you for watching. See you next week. Good morning, everyone. It is saturday, september 22nd. I am Diane Gallagher in for christi paul. I am victor blackwell. Youre in the cnn news room. Following two huge political stories this hour. Deputy attorney general Rod Rosenstein is on the defensive, denying he suggested wearing a wire to record conversations with President Trump, or that he wanted to recruit cabinet members to remove him from office. Meantime, the woman accusing the Supreme Court nominee Brett Kavanaugh of Sexual Assault has until 2 30 today to decide if she will testify before t