Transcripts For FOXNEWSW On The Record With Brit Hume 20161027

Team Chris Anderson part of a Boston Consulting Firm that bears his name. Hello, chris. Hi, brit. What are you looking at tonight . You see a lot of polls. What interests you tonight . Well, there are three polls out that are interesting from the perspective of they are states that trump has targeted and would probably need to pick up at least a couple of them to win the presidency. Obama won with 332 votes, of course, in 2012. Trump would not only need to hold all of the states mitt romney won but he would need to pick off 63 electoral votes from states that obama won. We were looking at recent polls in nevada and New Hampshire and pennsylvania, which have been talked about as potential targets in that regard. He has been campaigning in all those places. What are you seeing right now in New Hampshire, which is he had been down there. Has that begun to look a little better for him . What are you seeing . What were seeing across all the states and nationally, the real hard ceiling for trump it looks like, its rare that you see a poll that has him above 44 . Meanwhile, its very rare that you see a poll that has clinton below 44 . So there it started to look like trumps ceiling is right around where clintons floor is, which is really difficult to overcome. In New Hampshire, specifically, were seeing there is a poll out from mop mouth that has it a fourpoint race, which you know, some people will say thats pretty close. He could overcome that. But, when you look underneath the hood and almost all these states, you have a real small number of undecides. He would need to pretty much win them across the board to catch her. And he would need to shake loose some of the Third Party Support and get them to come his way. However, when you look at those voters, on their own, Third Party Supporters undecided voters, they are even more unfavorable towards trump than voters overall. They dont think he has the judgment, temperament, or the qualifications to be president. So this is they do think Hillary Clinton does. So you look in those situations, it looks possible, at least on paper but difficult on the ground. Is that a fair way to sum it up . Exactly. You know, were 10 days out right now. 2, 3, 4 points on a poll sounds like it could be overcome, but that is a really herculean amount of vote to make up at this point in the race. What happened nevada . Nevada has been the state that he has looked like he might do okay there that looks pretty close right now, correct . It does. It does. There was a poll out today that had the race, i think it had the race tied, actually. Same dynamic, low, low ceiling for both candidates there. One thing that when election day gets here is really going to favor the clinton camp is that her vote in nevada is concentrated in more urban suburban areas, las vegas, reno where trumps vote is out in rural areas. So when it comes to getting out the vote, its obviously a lot easier to do when you are Walking Around neighborhoods and when you happen to be driving around, you know, the plains. Right. Tell me a little bit about pennsylvania. Obviously, thats a big its a big prize. Its one where he has campaigned hard. Its broken republican hearts in many a previous cycle. He would need one of those big states to win. Yeah. Is that one where he has a real chance or what do you think . You know, it does not look like it. The margin there for him is poll out today or yesterday had clinton up 7 there. Trump is under 80 among republicans in pennsylvania. And he is losing independents. He is not going to win anywhere unless he consolidates the base support and wins independents right now he is not doing that. What do you think about that . Because we know mitt romney got 93 of the republican vote in 2012. Does it look to you as if these voters, these Republican Voters will come home to him in time or could they does it look to you like they are resistant to him no matter what. I think that there is a portion of them that are resistant to him no matter what. And, you know, we see that in the polling, and i think that a lot of us just talking to our friends and colleagues have seen that, too. Well, i guess what any trump supporter would tell you is that this has been an Election Year like no other. And august kinds of things have happened and we have all, myself included, been wrong before. So i guess that gives them something to hope for. Yeah. And i wouldnt disagree with them at all that this has been a weird cycle. So we will see 10 days from now. We will be there on election night. Chris, thanks very much for doing. This nice to see you. Todays wikileaks email dump raises serious questions about how former president bill clinton and his aids generated millions of dollars for both the Clinton Foundation and the clinton family. Personally. Fox news chief National Correspondent ed henry has the story. While the shear number of wikileaks emails has made it hard for allegations of paytoplay at the Clinton Foundation to break through with voters the more emails wikileaks releases, the more lines between the Clinton Foundation, the secretary of States Office and the clintons personal finances they all get blurred. Tonight, there are fresh signs republicans may have hit paydirt, literally, with a damaging email about former president bill clinton lining his box cold, hard cash. Just today we read about clinton confident doug brand, bragging that he had funneled tens of millions of dollars to bill through the foundation donations, paid speeches, and consulting contracts. Donald trump is referring to this long memo which details the complex relationship between the Clinton Foundation and their moneymaking operation. Sip nicly dubbed bill clinton inc. Not but donald trump you but by former clinton confidante doug band. He alleged that the former president was cashing. In he charged there was a strategy to steer donors for the Clinton Foundation to hire clinton for speeches and consulting contracts. A 2011 memo revealing the plan, quote, yielded more than 30 million for him personally with 66 million to be paid out later. The exclusive new email perhaps shedding light on why Hillary Clinton pivoted to the good work the foundation does around the world when pressed at the third and final president ial debate. Why isnt it what mr. Trump calls paytoplay . Well, everything i did as secretary of state was in furtherance of our countrys interests and our values. Band wrote the memo after Chelsea Clinton blew the whistle on allegations that his Consulting Company was making money off of access to her father. Bands defense . Bill clinton did it too. Alleging in another email from a previous Wikileaks Dump the foundation literally had about 500 conflicts of interest. Such as a top official owning a large amount of stock in goldman saks, which is a major spans sore of the clinton global initiative. Thank you very much. Band further alleged the former president was collecting money from at least three sponsors of cgi and had accepted large personal gifts as well. The clinton camp is still refusing to even acknowledge the authenticity of the wikileaks emails but bands company is confirming tonight that he wrote that memo and its accurate. And theyre insisting the Company Never received any financial benefit from working with the charity. Ed, thank you. Those wikileaks disclosures have brought into focus once more the fact that the clintons payment very rich in a very short time. For more on this we turn to our nightly Political Panel, nina easton journalist at fortune magazine, Molly Hemingway Senior Editor at the federalist. Molly, your thoughts about this. This get this out in the open and on the table again at a key moment in the campaign. This memo makes explicit what we have known for a long time is that the clintons have leveraged their foundation for personal profit and that the foundation has always been sort of window cressing that helps explain why wealthy people both foreign and domestic in the clinton orbit it would seem unseemly to have a president or expresident lobbiying on your behalf. Dom together on a miss prompt and employ doug band to resolve some dispute with your Chemical Company in kuwait and need a friend in the state department. Thats cinergy and means everyone is working well together. This makes it more explicit. What happens was some of these people who give to the foundation o or encourage have bill clinton make a speech for some staggering fee and before you know it the clintons are racking up quite a significant fortune and not a very big period of time. In the short time. Had the clinton mind set that i think bill would use his power and influence as a way to raise a lot of money for this foundation. It doesnt just doop Little Things it helps earthquake victims in haiti. It helps farmers in africa. Helps on the h. I. V. Aids front. That was the mind set. Its a real foundation, we get that. What these memos show is that there was a personal gain of in the order of tens of millions of dollars to bill clinton. The other thing it shows and kind embellishes on is these octopus type relationships you that referred to, molly. And doug band at the center of this. The one by the way who comes out the best in all of these is Chelsea Clinton. How so . Well, she accused doug band of trying to profit off of the foundation and tries to her father. And she did so and she wanted more corporate governor mans rules around the foundation and he called her and returned a spoiled brat. That may be so but the one thing she didnt call her father and her mother on the extent to which they were profiting from the foundation . Right. Doug band, wu know, he get called on that at least he wrote a memo blowing a whistle on some of this. Chelsea gets credit, perhaps, for calling him out. But nobody called out mom and dad. No, they didnt. But, you know, its clear that doug band and Chelsea Clinton are real loggerheads and she saw doug band as building his Consulting Firm and getting wealthy based on running the foundation and ties. Because she was suggesting that money shouldnt have gone to doug band but to mom and pop. Molly . Whats ceefl is they dont have to deny guilt as far as muddying the waters. The clintons are experts at muddying the waters. Everything looks very complicated. You can have some legitimacy for what you are doing and keeps them held accountable. This is going to be ongoing issue. This is an issue people should keep on looking at. The Clinton Foundation isnt going to go away when bill becomes, if he does, first laddie as he first described it and presumably his speechmaking may continue. And the emails are going to keep coming out and there is going to be investigations in congress. Battled instrum meant. Mill stone if elected. Thats why there was so much pressure around clinton clt es keep the good work going. Shut it down and make it a nonissue. And they have kind of they tempered it and made it smaller and taken their roles out it but its still there. Nina and molly dont go away. News of double digit premium heims have gone into attack on election day. Listen. Real change begins with immediately repealing and replacing obamacare. Its just been announced that americans are going to experience another massive double digit hike in obamacare. You see that. [crowd boos] including premiums like in the great state of arizona where theyre going to go up at 116 . Even bill clinton admitted that obamacare is, quote, the craziest thing in the world. Where people wind up paying their premiums which double and their coverage is cut in half. Remember the name jonathan gruber, the architect of obamacare . He said they could pass obamacare. He didnt know he was being recorded. He said they could pass obamacare because the stupidity of the American Voter will allow it to take place. Peter barnes, senior washington correspondent for the Fox Business Network is here with the rate hikes in the key swing state of pennsylvania. Hi, peter. Hi, brit. This swing state has the second highest projected increase for premiums in the obamacare exchanges. 20 electoral votes there. So critical and the jump of 53 would be for the silver plan more than double the average for most people in other states nationally. Now, the numbers of insurers participating in obamacare there is falling from 13 percent to 8 . Use guilty numbers from the administration. A 27yearold keystone voter will see his or her average premium in the silver plan jump from 213 a month to 327 a month or from about 2500 bucks a year to 4,000 a year. It will be different amounts for different voters and families and the plans they choose, of course, but the trnd is clear. But this is before government subi subsidies which we need to point out which the Administration Says could take care of most increases for most consumers. And here is that architect jonathan gruber, are a tech on obamacare because of that. Obamacare is not imploding. The main goal was two fold. Cover uninsured. 20 million largest expansion in american history. The other is to break broken insurance markets. Deny people because they were sick our had been sick. Because they are sick itsnot mean its the law is working as described. Critical question could this be a pocketbook issue that makes a difference in which way these voters vote and which way the state goes this year, brit. And as the numbers guy, i think the ape is maybe there are just over 400,000 people in pennsylvania who purchased obamacare this year, the government says. Right now Hillary Clinton is up 5 in the average of the latest polls in pennsylvania by real clear politics. Com and based on the turnout in the last two elections, that is about 300,000 votes. Now, obviously not all those 400,000 obamacare customers in pennsylvania are voters. They are kids and some who may not vote. They are not going to necessarily take it out on her but they cant help her. Say couple hundred thousand of them this might be a pocketbook issue and those votes could be up for grabs. So, whether or not the state goes for trump or clinton could come down to just how much pain these voters feel financially. Theyre just learning of this, right . They are. This comes down to these subsidies and they are mainly tax credits. Lets take that 27yearold obamacare customer in pennsylvania who is making 25,000 a year last for this year theyre getting that person, him or her is getting about 110 in tax credits. The Administration Says that next year that tax credit would go up to 185 bucks. That doesnt cover the increase. That doesnt cover the whole cost of the increase. Would cover for that example 65 of the 110. Still be about 50 bucks out of pocket. Other subsidies cover that as well. Additional question of course had when you are paying more you are not getting a lower deductible. Your deductible remains high. Part of this depends on the plan that you choose. Silver plan whats the deduct tillable roughly on that. I think its about i have had here. I brought all my paper. Its several thousand dollars. Its like 4,000. A lot of people reasonably healthy they are paying this because they basically have to because they get hit in the form of higher taxes because thats the penalty. And for most expenses they have got to pay it out of their pocket because they are under the deductible. Right. Effectively these people are at aing a lot of money but not getting much back in insurance. For this 27yearold the penalty 2700 bucks this year. If they have to pay all that money out of their own pocket. Got it. However, there are, again, subsidies qualify they could cut their expenses down we will see how it all works out. Thank you. President obamas weekend of golf with tiger woods, remember that . Cost taxpayers more than 3. 6 million. That outing was back in 2013 at a florida resort. A new Government Accountability Office Report the expenses incurred by the departments of the defense and Homeland Security during that weekend get away. The audit shows the air force 1 operation at 200,000. The golf trip required military transport plane total Pentagon Spending 2. 8 million. Homeland security spent 180,000 for secret service. Of the audit revealed that was requested by republican senator john barrasso. New york city john de blasio shut down a new york city game for an hour so his plane could land in a public park. Police were ordered to clear the baseball field and ready it for the mayors chopper landing. The landing was abruptly cancelled after the parents complained to the nypd. Taking it up to harlem because traffic was backed up. So far no comment from the mayors office. Democratic National Committee is suing the republican National Committee accusing the rnc of violating an agreement to not intimidate voters. That agreement row districts the republicans ability to question voters at polls and thereby allegedly discourage them from casting ballots. The dnc is asking the judge to block the rnc from engaging in such activity. Appears to be a reaction to Donald Trumps claims that the election is rigged and that his supporters should keep an eye on the polls in certain places. Federal government workers are giving big money to the Clinton Campaign. According to an analysis by the hill newspaper of the roughly 2 million that federal workers have spent on president ial politics, about 1. 9 million on or about 95 went to clintons campaign. Several of the agencies analyzed including the state department which clinton was once led, of course, 99 of contributions going to clinton and employees of the Justice Department investigated, of course, clintons private email server gave clinton 97 of their donations. And donald trump is about to take the stage right now in the key swings state of ohio. We will check in with both the trump and Clinton Campaigns next. Also, senator ted cruz has a warning about the Supreme Court if Hillary Clinton is elected president. Thats coming up, too. The Liberty Mutual app with coverage compass™ makes it easy to know what youre covered for and what youre not. Liberty stands with you™. Liberty mutual insurance. Remember when you said men are supeyeah. Ivers . Yeah, then howd i get this. Allstate safe driving bonus check . Only allstate sends you a bonus check for every six months youre accident free. Silence. Its good to be in, good hands. Donald trump is in the critical state of ohio which no republican has ever won the white house without winning. Fox News Campaign carl cammeron is live inside that trump rally is that is about to begin out in geneva, ohio. Hello, carl, can you hear me . I can brit. Thanks for asking. Its loud and trump is not here yet. Is he running a little bit late. This will be his third havent of the day. All rallies today. He has been remarkably disciplined sticking to the teleprompter. Not a lot of deviations. Not a lot of outbursts sticking to the message. He has done once again obamacare must be repealed pointing to the premium hikes expected next year. He has called Hillary Clinton corrupt. And at one point he was joking at his second event, the one that just ended a little while ago. Weighs about an hour and a half late to it he was clearly being sarcastic why dontee just call off the election and give it to trump. Some of the press has reported that and not pointed out that he was being sarcastic and joking with the crowd. This speaks to what trump says is the media bias. And its clearly resonating with voter, too. The Associated Press has done a poll in the last couple days. They say a total of 87 of Trump Supporters believe that the media is biased against trump. Now, you would expect that perhaps, from his supporters who hear him say it all the time. Even a third of Hillary Clinton supporters believe that trump is not getting fair treatment by the press. And the a. P. When they aggregate the numbers they say literally 56 of likely voters think that trump is being treated with biased media coverage. So, fair and balanced, he was joking, so, folks, when you read about it tomorrow or you see it on tv, he was clearly making a joke about this. Its something that he actually said back during the Iowa Caucuses as well. Trump has arrived on his Closing Argument and it is a combination of his contract with the American Voter, which is essentially a compilation of all of his policy proposals and this attack, which he is getting real traction on, saying that the obamacare premium spike proves that it need to be done away with. And Hillary Clinton, who used to call it hillary care when she was pitching bigcare rn the clinton administration, should be xed out of the competition because of it is he going to be a little bit late here. Also worth noting that the size of the venues of trumps crowds have been considerably smaller. This place is going to have several thousand people in it. Dont get me wrong. As he hits more and more rallies and does these otrs, the lions outside have been really tough. And the weather was rather fowl here in ohio. A lot of folks glad to get. In 12 days he recognizes ohio has got to be a big showing. Okay, carl, thanks very much. In the battleground state in North Carolina Michelle Obama joined Hillary Clinton for the first time on the campaign trail. Fox news correspondent Jennifer Griffin is live in winston, salem, South Carolina where both men excuse me, both women spoke earlier today. Jennifer, hello. Hi, brit. Well, the Clinton Campaign calls North Carolina the check mate state. They believe that if they can win the states 15 electoral votes that they can stop donald trump. That is why they called in one of the democratic partys top sur gats who has the highest ratings in the party. They are calling her their secret weapon to make the Closing Argument as to why Hillary Clinton should be the next president. She has more experience and exposure to the presidency than any candidate in our lifetime. Yes, more than barack, more than bill, so, she is absolutely ready to be commander in chief on day one and, yes, she happens to be a woman. [cheers] Michelle Obama and Hillary Clinton were not always close. After the hard fought 2008 campaign, with the nasty rhetoric from the republican candidate, Donald Trumps questioning where barack obama was born and his controversial statements about women have made them allies. And if people wonder, yes, Hillary Clinton is my friend. She has been a friend to me and barack and maliyah and sasha. Every election is about the future. And this one is about whether we build on the progress weve made the legacy that president obama has built, or rip it away and go backwards. Clinton stopped by an early voting station here in North Carolina after leaving the rally. Her largest yet. In person early voting in North Carolina started last monday. The Campaign Says 881,000 votes have already been cast. And latinos have r. Voting at a rate 44 higher than in 2012. Clinton also stopped by historically black college just a little while ago, North Carolina at t in greensboro where about 2,000 students were celebrating homecoming. Earlier today, Michelle Obama reminded people just how close the election in North Carolina was in 2008. Barack won North Carolina by about 14,000 votes. Which sounds like a lot. But when you break that number down, the difference between winning and losing this state was a little over 2 votes per precinct. Each of you could swing an entire precinct and win this election for hillary. President obama lost North Carolina in 2012. Even though the democrats held their convention here. Right now, the polls show a dead heat here in North Carolina. Back to you, brit. Okay. Jennifer, thanks very much. Next up, should the media and others be protecting an accuser who made false gang rape accusations at the university of virginia . Tucker carlson is here to talk about that next. Lower than td ameritrade, schwab, and etrade, you realize the smartest investing idea isnt just what you invest in, but who you invest with. Theno one surface. Out there. The smartest investing idea no one speed. No one way of driving on each and every road. But there is one car that can conquer them all, the mercedesbenz cclass. Five driving modes let you customize the steering, shift points, and suspension to fit the mood youre in. And the road youre on. The 2016 cclass. Lease the c300 for 369 a month at your local mercedesbenz dealer. With another new flavor you never saw coming. Grilled, glazed korean bbq shrimp. And try as much as you want of flavors like new parmesan peppercorn shrimp. Just come in before it ends. A defamation suit growing out discredited Rolling Stone magazine story gang rain in virginia is on trial. One surprising aspect of the case is that the woman pseudonym jacque who falsely claimed to be raped has yet to be identified publicly. The university, the police, and the news media have all declined to publish name under policies intended to protect assault victims. But should such protections extend to false accusers. Here to join me to talk about this is Tucker Carlson fox Friends Weekend and uvm parent. Im a uvn graduate. One of the best. Thank you for saying that. What would you tell me about this woman having not yet been after now its universally accepted. Yes it is. No rape filed. No charges have been filed. Police think believe its false. One of the charges you understand the genesis of it hard to think of a horrifying crime of sexual assault. You dont want to add insult to injury and hurt the person who may have experience dollars that. Observed, as a journalist you cant take sides. You have to follow the prescription of our justice system. What were seeing on the screen thats the house in charlottesville where this alleged rape was supposed to have occurred at a party. And it turned out, of course, that there was no party at that Fraternity House the weekend that was identified as the one where it happened. And that is one of the first reasons why this story began to fall apart. That tells us everything you need to know about the question you just asked. We know exactly the name of the fraternity. Alleged to be the site of this rape. We know the names of the people in the fraternity. We dont know the name of the accuser. We have in effect the Washington Post continues in effect to take sides in this case even though they know is that she stallsly acaused them that fraternity you are looking at right there was defaced. Its members were threatened. Defamed as well. Defamed and physically defaced and defamed and yet it turns out they were completely in the. The school itself passed a series of restrictions against fraternities and kept this in place even when they were fawlsz. Making policy because of a movie or saw when its not true. Its a falsehood. Acted to the story with outrage not that it was false but indignation about the rape culture that is widely believed on the american left in particular to be pervasive at universities. Right. And she enacted a series of restrictions that you pointed out that would you cant think of how she would have reacted differently had the story proven to be true. Whats so sorriesome. She is acting out of a preexisting agenda she doesnt like the greek system. To use the false story as pretext for restricting fraternities is sending a very clear message to the students at the school. The purpose to be there educate them learn key life lesson the lesson she is illustrating to them adults, people in charge are irrational. Irrational thing to do. We learned the story didnt have. We dont punish the person who made up the story. Libel. We are punishing you because she alleged did something even though we now know you didnt. Thats crazy. On top of that the university of virginia has a just rye li renowned honor system. Yes. Its not nearly as strict as it was when i was a student there more than 50 years ago in which case any offense you are gone. It is now surrounded with all kinds of legal procedures and protections and so on for the accused that didnt used to exist. And when i was there, boy, did it work. I mean, your check was good anywhere. Your word was good everywhere. I dont think thats quite as true as it is now. Although they still talk about it the first thing that would have happened to someone back when i was there who made a false accusation against a fellow student like that or students like that would be they would be up out on their butts because of an honor violation. Right. Their name might not have been revealed in that circumstance either. They would be gone. I understand that jackie socalled has left the university but im not aware that the university was. The university is violating the honor code its abetting dishonesty, pecketting the person who died and punishing the people about whom she lied. The school itself is revealing itself to be corrupt and dishonest. Again, these are kids are watching. This they are internalizing this lesson. The people in charge lie and the rest of us have to go along with it thats just the wrong lesson. You put this case together with the duke lacrosse case which turned out to be a hoax as well. You would think that this notion that the universities in america are in crisis in part because of a rape culture said to be pervasive that that notion would subside. It seems not to have. No, its accelerated. What i find striking about this is that the press who have collaborated in effect with these lies have not paused to ask themselves how did we find ourselves in a position of repeating untruths . In a company if there is a scandal, everywhere stops, there is independent investigation. The same is true in the military. If you lose a battle you ask yourself why and determine so you dont do it again. The press keeps going. So we printed a piece thats untrue, hurt other peoples lives, whatever, we will keep going. If they havent been sued, they wouldnt have done anything about it there has to be some selfpolicing in the media or else we are wholly unaccountable. People see that. They should. That lawsuit was filed by University Dean whose job it was to deal with these cases who has alleged in the article to have mistreated this fake victim and she is suing to try to get her name back. We will see how that turns out. Thanks, tucker. Thanks a lot. Senator ted cruz has an idea for the future of the Supreme Court. We will take a look at that next with correspondent Shannon Bream. Stay with us. Uniquely designed for the driven. Introducing the firstever infiniti qx30 crossover. Visit your local infiniti retailer today. Infiniti. Empower the drive. Itsanyone ever haveady occasional constipation, diarrhea, gas or bloating . [ simultaneously ] she does. Help defend against those digestive issues. Take Phillips Colon Health probiotic caps daily with three types of good bacteria. 400 likes . Wow phillips. Be good to your gut. If ynows the time to get your ducks in a row. To learn about medicare, and the options you have. 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Only one egg good enough for my family. Because why have ordinary when you can have the best. Egglands best. The only egg that gives you so much more better taste. Better nutrition. Better eggs. Perhaps the one thing that worries most about a Hillary Clinton victory is the Supreme Court perhaps one and perhaps a series of nominations. One senator knows a way to stop that from happening. Fox news Legal Correspondent Shannon Bream reports. I think when we talk about the Supreme Court, it really raises the central issue in this election, namely what kind of country are we going to be . As Senate Republicans consider the possibility of a clinton presidency, some like texas senator ted cruz are bris ling at the prospect of clintons potential Supreme Court nominee. We ever one liberal Supreme Court justice away from a radical five justice leftwing majority. Some of those republican senators including cruz are refusing to rule out permanent gridlock on clintons nominations. Cruz told reporters, quote, there will be plenty of time for debate on that issue. There is long historical precedent for Supreme Court with fewer justices. Its true that the number of justices on the Supreme Court has changed over time. And the constitution does not require the current nine justice Supreme Court. Cruz also pointed to Justin Steven breyers week that the court seems to be functioning just fine with only 8 seats filled. The mechanics works about the same. You know the court, when it began, at the time of the constitutions writing had six members. Cruz isnt alone. Arizona senator john mccain made similar remarks in an interview on a philadelphia radio show. I promise you, that we will we will be united against any Supreme Court nominee that Hillary Clinton, if she were president , would put up. Senate republicans appear split on that approach. Mccain staff issued a statement that walked back his comments. His fellow senator jeff flake shot down approach telling politico, quote, there are enough people here who do not see it as the senates proper role to hold somebody indefinitely. Thank you m chairman. Senate republicans have a history of breaking ranks on Supreme Court nominees. Five republican senators voted for president obamas nominee elena kagan. Nine republicans voted for sonia sotomayor. Even though Republican Leadership pledged to hold off on judge Merrick Garland. Some including flake insist they should take a different course. We ought to look at this nomination in a lame duck session in november. I would rather have a less liberal nominee likemaker garland than a nominee that Hillary Clinton, if she were president , would put forward. Any prospect of a longterm delay on clinton nominees would require Senate Republicans to not only hold but also keep their majority throughout clintons potential presidency. If they do, Outgoing Senate minority leader harry reid has already suggested that Senate Democrats could confirm nominees through a, quote, nuclear option. Such a move would prevent a filibuster and render a republican minority powerless. Shannon, thank you. And what kind of Supreme Court would Hillary Clinton like to see . She gave a big hint recently but its not gotten much attention. We will discuss that next. You can run an errand. music playing push it real good. announcer vo or you can take a joyride. Bye bye, errands, we sing out loud here. Siriusxm. Road happy. announcer vo you can sit in traffic. Or you can crack up. man on radio but if it isnt refreshing. announcer vo sorry traffic, we laugh til it hurts. Siriusxm. Road happy. We cant go back to the years of devastating cuts to public education. So vote yes on prop 55. Prop 55 prevents 4 billion in new education cuts, without raising taxes on anyone, and with strict accountability. Budget forecasts show if we dont pass prop 55 big cuts that hurt our kids are coming, and california will suffer budget deficits all over again. So vote yes on 55. Because it helps our children thrive. Last weeks final president ial debate about the Supreme Court has been widely over looked. Here is how answered Chris Wallaces final question. I feel strongly that the Supreme Court needs to side on the american people. Not on the side of the powerful corporations and the wealthy. Is that what the Supreme Court ought to be doing. Nightly Political Panel is back. Molly hemingway editor at the federalist. Nina. In terms of political rhetoric; stock liberal democrat, her idea of politics. What she is saying though is that the court should take a side. It has to do with the courts. Its only going to feed the critics who say that she really doesnt care about imposing a constitutional standard on judgments that she really wants to go in with an agenda. By the way, the other piece of that quote was she said i want justices who will uphold roe v. Wade and will overturn citizens vs. United. Now, in my day it used to be that would be called a litmus test. They were forbidden at one time. They were forbidden when it came to Supreme Court justices. And i think now she has kind of reraised it. On the other hand, sounds like the republicans in the senate if they indeed control the senate are not going to let her move on anybody. We heard that but go ahead, molly. I think this is actually a very troubling indication that she does not have a good constitutional understanding of what the purpose of the Supreme Court is. Just a couple blocks from here is the Supreme Court. As you enter in big letters at the top it says equal justice under the law that is the purpose of the court to make sure we are a nation of laws u not men and live under selfgoverned very constitutional people. Whether you are wealthy or poor. Powerful or powerless, white, black, male, female, that is not the thing that we use to decide whether you are on the right side of the law or not. We have laws and we apply them universally. And equally for all people. So when she says that its that the purpose of the court is to go against wealthy people, that is a very deeply troubling thing. And even more so since the big concern with Hillary Clintons political career is that she has not been held, that she is above the law. That she has not been held to the standards of the law. Its something that i think people should really Pay Attention to. There was a time as you suggested earlier when if you were talking about a potential justice of the Supreme Court, and you suggested that the that justice should tilt to one side or the other or should favor one group over another that argument was not acceptable. But it seems now to be standard. You have to be very careful about that. Particularly on issues like abortion. You have to be extremely careful both as the as a president nominating and as the supporters and, of course, as the nominee for a Supreme Court justice. And so thats why, of course, we have Supreme Court justices who have like Merrick Garland who is up now before the obamanom knee who is before the senate who have a very vague background. You have no idea where he stands specifically on these kinds of issues. Part of the problem is the court itself though. The court has been making so many decisions where they are not even pretending to root them in the constitution or feeling of various justices. Not surprising for a lot of people the composition of the court is the main determinant for who they are voting for. The court should be on the side of the common man. Everybody is supposed to be equal, right . Yes. But more than that, too. When she mentioned Citizens United we cannot forget that was a decision specifically about whether americans have the right to criticize Hillary Clinton. So when she says she is against that ruling, thats something that very much is in her own interest and not the common man. Thank you. We have a fox news alert coming up here. Governor mike pences airplane has slid off the runway at new Yorks Laguardia airport. Everyone is okay. Dan gallow our fox news producer was on the plane and he joins us on the phone. Dan, what happened . Hey, brit. I guess probably 7 minutes ago we landed. And it was a the craziest landing anybody on this plane has ever experienced. It seemed like the brakes were being jammed on fort duration of the landing. What did you feel . Well, it felt like the brakes were being jammed on the entire time. The plane seemed to be sliding off the one direction. Its hard to see out the window because its raining right now and the window is covered in rain. But the smell of burning rubber was obvious the entire time and by the time we finally stopped, apparently we were in the grass. And everybody is okay . Everybody seems to be fine. No injuries or anything. Governor pence came back probably within a minute or two of landing and asked if everybody was fine and he seemed to be fine. He said they saw mud on the windows at the front of the plane. Right now there are emergency vehicles that seem to be approaching our plane here. We got a shot of it and all kinds of blinking lights and looks like a pretty watery situation there dan, im glad youre well. I have a feeling you will be on that plane a while longer tonight. Stay safe. Appreciate it. More on the record straight ahead. [ girl laughs ] on the road again like a band of gypsies we go down the highway [ beetle horn honks ] no matter which passat you choose, you get more standard features, for less than you expected. Hurry in and lease the 2017 passat s for just 199 a month. Time now for another round of viewer speed back from twitter. Rick said, quote, you have the number one show in america for the number of viewers who died during your broadcast. But used to call please keep the feedback coming, folks. We really like hearing from you. Tweet me brit hume or email at foxnews. Com. Thats about it for tonight. Stay tuned for the Oreilly Factor. Bill will talk with donald trump. In the meantime we leave you as always with our political quote of the day which comes from the late writer, editor and skeptic h. L. Lincoln who says quote that the democracy is a theory that the Common People know what they want and deserve to get it good and hard. We will be back here tomorrow evening 7 p. M. Eastern. I mean Oreilly Factor is coming up next. Leave you pictures of the plane governor pence was on evacuated. Good night. Good night. The Oreilly Factor is on. Tonight i am happy. In fact, im thrilled to talk about the Clinton Foundation because it is a world renowned charity. Now, more information from the hackers shows that the Clinton Foundation is a sophisticated multimilliondollar business as well as the charitable concern. Talking points has the facts tonight. Our campaign is about change, optimism, and the future. Donald trump enters the no spin zone for an extensive interview. Does he still believe the upcoming election is rigged . That and other questions will be put to him. What do you think the most important issue is facing the country . Equal rights. You know, feminism, thats very important nowadays are you just