After him with two members of the Senate Judiciary committee. Republican Lindsay Graham and democrat dick durbin. Plus, trade talks with canada take a tense turn. I think canada very much wants to make the deal and i think will be on a very good for canada if they do and not good at all if they dont. Chris on this Labor Day Weekend, we will discuss what a new master means for americas workers. With the head of the countrys Largest Group of unions, aflcio president Richard Trumka. Only on fox news sunday. Then the twitter and facebook are really treading on troubled territory. Chris we will ask our panel of white house talk of regulating google. For what it claims is political bias in its search service. And our power player of the week. Country music legend dolly parton on giving books to billions of children. There are many things i do. This is nearest and dearest to my heart. Chris all right now on fox news sunday. Hello again from fox news in washington. The big story this week is confirmation hearings for judge Brett Kavanaugh. President Trump Supreme Court nominee that could shift the balance of power on the court for a generation. Brett kavanaugh faces days of tough questioning from the Senate Judiciary committee. But first, the nations long goodbye to senator john mccain. He will be laid to rest and a private ceremony at the u. S. Naval academy in annapolis which meant so much to him. Fox news corresponded peter doocy reports. Reporter lawmakers, loved one and diplomats gathered for a final goodbye to senator john mccain. The world will be lonelier without john mccain. Reporter one of mccains best friends Joe Lieberman told mourners the time mccain asked him to join thegop ticket even though he was a registered democrat. Johns response was direct and really and no thats the point, joe. He said with a certain impatience. You are a democrat, im a republican. We could give our country the bipartisan leadership it needs for a change. Reporter mccains former political rival spoke on his behalf too. In recent years, we talk about that intense. Like football players. Remembering a big game. In the process, rivalry melted away. So much of our politics, our public life, our Public Discourse can seem small. And mean. And petty. John called on us to be bigger than that. Reporter mccains daughter broke from her tear filled tribute more sharply criticized the current president who wasnt invited. The america of john mccain has no need to be made great again because america was always great. [applause] chris joining me now in washington, john mccains good friend senator Lindsay Graham is welcome again to fox news sunday. You are speaking today at the private ceremony at the u. S. Naval academy. First of all, how are you doing and secondly, what will you say . Im doing okay. These things help. Thank you to everybody was called and asked me how im doing. Cindy and the family have helped me. I will say nobody love thea soldier more than john mccain. To have their back, travel where they go. Never let them be forgotten. The public may be tired of this war on terrorism but john mccain never was any had their back any given what they need to win the fight. He was willing to lose a political race but not a war. I will talk about all my travels with the troops and how much they loved john mccain. Chris i have to ask you about the passionate, heartfelt but sometimes angry tribute by megan mccain who took some pretty clear shots at President Trump. Heres a clip. We gather here to him when the passing of american greatness. The real thing. Not cheap rhetoric from men who will never come near the sacrifice he gave so willingly. Nor the opportunistic appropriation of those who lived lives of comfort and privilege while he suffered and served. Chris was that appropriate . Was it fair . If you Say Something bad about megans father, you will know it. She didnt like it. So its okay. Shes grieving. All i can say is theres a lesson to be learned this week about john mccain. Number one, americans appreciate military service. If youve learned nothing this week, you are the fact that john served our country and extraordinary circumstances. It was appreciated by everybody. If you work hard and do your homework and were talking about, people will listen to you. If you pick because its bigger than yourself, you will be remembered. He tried to drain the swamp before it was cool. That you can fight hard and still be respected. If you forgive, people appreciate it. In if you admit to mistakes, your looked at as a stronger man. Thats the formula of john mccain. This was a civics lesson to anybody that wanted to listen. Why do we remember this man . Because of the way he conducted his public life. Chris do you think theres a lesson there for President Trump. Theres a lesson for everybody including President Trump. Everybody makes mistakes you know what youre talking about. Fight hard, forgive and have passion. Strength and kindness are not mutually exclusive. Chris lets turn to your day job and this week youll be spending a lot of time with the Senate Judiciary committee and confirmation hearings for judge Brett Kavanaugh to be conformed on the Supreme Court. First of all, does he have the votes to win confirmation on the court . My believe he will get 55 or higher. If he does well and im sure he will do well. Chris when you say 55, youve got to have 51 republicans with the appointment of mccains replacement. So you are saying as many as four democrats . Well, thats 55. [laughter] im not good at math but i think theres a handful of democrats that will vote for judge Brett Kavanaugh and maybe even more. A lot of people should vote for judge cavanaugh. If youre looking to a republican president to pick a qualified conservative, he would be on the top of anybodys list. Including not just donald trump. Hes the one person i think every republican president would see as the most qualified of their generation. Chris democrats say the confirmation should be delayed until we know whether or not there will be either a criminal prosecution of President Trump or impeachment proceedings against President Trump. Here is senator dick durbin who will be on the program next. We should be withholding this decision on the Supreme Court nominee until the air is cleared. And we know exactly where we stand against this president. Chris given that his former lawyer, Michael Cohen says that candidate trump in 2016 directed him to commit a crime, does senator durbin have a point . It wasnt the point he had when clinton was under investigation. We approved a justice. My democratic friends did not have this view when clinton was president. Chris since you pointed out, i will bring it up in 1994. Clinton is under investigation by an independent counsel in whitewater and he was nominated aStephen Breyer was confirmed. Senator grassley has been very fair. We will have a hearing. Theres no drama. The only drama is those running for president , how will they handle this hearing on the democratic side . We will get this good man confirmed. Chris let me ask you about this question of criminal liability. I want to look at some of Brett Kavanaughs statement on that issue. In 1999, he said the nixon ruling, that president nixon had to turn over the watergate tapes may have been vote, wrongly decided. In 2009 wrote, criminal investigations take the president s focus away from his or her responsibilities to the people. Is there a legitimate concern that justice read cavanaugh if you were faced by a case on the Supreme Court would side with the president against either congress or thecourts . I think youll find someone thats had 308 decisions. You can get a pretty good idea of what he thinks. But the bottom line here is that most people are unsure as to whether or not a president can be indicted a sitting president. Impeachment is a process to remove the president. The criminal liability aspects are very much in debate. I think it will be mainstream in his thinking. He will look at both sides of the issue and decide appropriately. Chris one issue, that prochoice senators on both sides have pressed Brett Kavanaugh on in their meetings with him on capitol hill is abortion. And he reportedly told them that roe v wade is quote, settled law. Is that a Firm Commitment in your view not to overturn roe v wade. And if it is a fun commitment, how can you as a prolife senator support it . I wouldnt vote for anybody that said that every decision of the Supreme Court cannot be revisited. They are revisited through a process. The process of overturning long precedent. This a fourpart test you have to apply. From my point of view, what he will do when that case comes if it ever does. You dont just wake up and say id like to overturn roe v wade. If theres a conflict that makes it to the Supreme Court, he will apply the test of precedent to that decision. Roe v wade and every other president. Chris to make it clear, your thank you dont view his statement to senator collins, that it is settled law means that therefore it cant be reexamined and conceivably overturned . He would be disqualified if you would not listen to both sides of the story and decide accordingly. This idea that roe v wade will be challenged at the state level. There are all kinds of laws. Some may work their way to the Supreme Court. He will give great deference to roe v wade. But it can be overturned like every other decision but that will be up to the facts in the record. Chris senator Lindsay Graham, thank you. Thank you for your time during a tough week in our deepest sympathies on the loss of a dear friend. Joining me now from illinois, another member of the committee that will be questioning Brett Kavanaugh, dick durbin. The number two democrat. Democrats have tried a variety of efforts to upended the confirmation of Brett Kavanaugh but the argument that theres a midterm and that President Trump is under investigation. He wants to see millions of pages of documents from when he was secretary for president george w. Bush. The white house has now invoked executive privilege to withhold 100,000 pages from one Brett Kavanaugh worked for the white house counsel. I think its fair to say that none of that has worked. The question is why is it that democrats have so far been unable to gain any traction against judge Brett Kavanaugh and the public debate . You dont seem to bless. [indiscernible] let me just at the outset before we get into that. I joined with Lindsay Graham, every word he said about john mccain. I respected him so much. Yesterday was a great display of the respective so many people across this country had for this great american. I was lucky enough to be with lindsay and john involved in some very important negotiations on comprehensive immigration reform. Salami just art with Brett Kavanaugh in this way. Hes the most unpopular Supreme Court nominee in the last 40 years. How did he reach that point . So quickly. I think there are a number of reasons. When you look at first and foremost the fact that this president said, im not going to put a man on Supreme Court unless he will overturn roe v wade and the Affordable Care act. The president is never at a loss for words and he was very explicit in terms of what he wanted in a Supreme Court nominee. Those positions may be popular with his base, theyre not popular with theAmerican People. Chris weight, he said he would appoint prolife judges. He never said he asked them on a litmus test about that. I will figure surprised hes the most unpopular. When did we nominate and confirm Supreme Court justices based on Public Opinion polls . Shouldnt be but you started off with the premise that youve never later glove on him. The American People have gone through this nomination and come to the conclusion hes not the right person for the job. Let me go furtherhe comes before us at a time when people are concerned with this president or any president is above the law. Think about his role, cavanaughs role when it came to can start going after president clinton. He was the aggressive prosecutor in that respect. A few years later after working in the Bush White House had a completely reversed decision. Chris let me ask you about that because as Lindsay Graham brought up, in 1994, bill clinton was under investigation by an independent counsel on whitewater. He nominated and the Senate ConfirmsStephen Breyer and that was also in a Midterm Election year. That directly contradicts two of the argument youre making against Brett Kavanaugh. Let me just say i was not a member of the senate when Justice Breyer came before the body. But i will tell you at the time, the investigation was underway. There was no suspicion at that moment that clinton was going to, you have no authority to even question me. It went forward but he was subpoenaed, deposed, tried in the house. And i should say indicted under the impeachment clause and tried in the senate. I was in the senate at that time. Now we have a different situation completely. Theres a serious question as to whether this president , given the opportunity, will end the mueller investigation. Something most republicans and the majority of americans say would be a serious mistake. We asked Brett Kavanaugh what do you think, he said its hands off when it comes to a president when it comes to his term in office. I think thats a mistake and when the major reasons people have misgivings about his nomination. Chris lets look at specific issues but as i pointed out, Brett Kavanaugh has told prochoice senators that he views roe v wade as settled law. He was asked about obamacare, theres a texas case that will try to take it all down because of the fact the individual mandate has been repealed. He said he was skeptical of that. Obviously, these are confirmed commitments. Isnt the real problem senator, that this is aconservative judge. Donald trump went to the country and promised to nominate conservative judges. Originalists who would interpret the constitution as written. Isnt he well within the mainstream, yes conservative, but within the judicial mainstream . You overlook one of the most important elements in his nomination. That is the fact that there has been more concealment of documents concerning his Public Service and his position on issues than ever in the history of the United States. Chris theyve given you half 1 million documents. Let me just make my point here. The assertion of executive privilege by the white house to take 100,000 documents and save the American People will not get a chance to see them as they reflect on his background is the first time in history. This denial of access to documents violates a role we thought was a tradition of the senate under senator sessions and. They are suppressing these documents but if were lucky, we will see six percent of all of the documents that have been produced to reflect on Brett Kavanaughs true position on issues. He is saying and the white house is saying, the American People have no right to know. If hes so proud of his conservative credentials, show us the record. Stand before us. Trust the American People and they will trust you. I would say that to judge Brett Kavanaugh. Chris you will have the opportunity to do that starting on tuesday. Let me just say, they have turned over half 1 million documents and the issue, part of it is, about 3 million documents when he was staff secretary and every document that went to the president went through his desk. Senator dick durbin, thanks for joining us. We look forward to your questioning of judge Brett Kavanaugh starting this week. Thanks chris. Chris up next, we will bring in our sunday group to discuss what to expect from this weeks showdown between the president s Supreme Court pick and senate democrats. Plus, what would you like to after panel about judge Brett Kavanaugh and how his confirmation would change the Supreme Court. Go to twitter, foxnewssunday, and we may use your question on the air. To give you the protein you need with less of the sugar you dont. Ill take that. [cheers] 30 grams of protein and 1 gram of sugar. New ensure