Transcripts For FOXNEWSW The Journal Editorial Report 201809

FOXNEWSW The Journal Editorial Report September 22, 2018

The Committee Gave doctor ford a day to respond to requests for testimony after pushing it off and delaying five times. The lawyer says she has accepted but outcome caveats that attack the committee and the process itself and the letter asks for more negotiations continuing this afternoon. It is not completely done deal. Joining us is chad program, senior capitol hill producer. What do you hear about this acceptance and its impact. Compared to before, doctor ford accept the committee at the request for firsthand knowledge of his Sexual Misconduct. We are having some technical problems, we will get back to you in a moment on the call. Judy miller standing by. Before the headline is completely out there saying she accepted it and absolutely will testimony, it says she does agreed to testify but it has various caveats in it, doctor ford accept the committees request to provide firsttime knowledge of Sexual Misconduct, in many aspects of the proposal provided via email on september 21, 2018, fundamentally inconsistent with a fair and impartial explanation. There is an attack against the committee and disappointed with the league bullying that tainted the bullying that tainted the process. There is another attack, can we set up a time for later this afternoon to continue negotiations, the responding, when you dissect this and analyze the language, we will be there and tell our story. How do you interpret this . Shes leaving herself and her lawyer a large out. If they decide if doctor ford decides the process is unfair she attacked the committee enough so she will have grounds for saying i wanted to, i was willing to, i decided to testify but because we can come to agreement on details i am not going to. This drama is going to continue. We are still talking both sides trying to shape the narrative trying to establish the best possible grounds and perception of their position in the public eye. How will it play out if it does, all sorts of requests from having Brett Kavanaugh testify first, having senators ask questions and having independent councils, women, ask the questions, not have Brett Kavanaugh in the room. What details . I think these are more than details. It is how the process will be perceived. It is just a he said she said or will it be a she said he said depending who goes first. That could very well shape the way people view her allegations. If no one else is permitted to testify that might appear to be a rush for judgment. After all with the annual he anita hill hearings more than 20 people were asked to testify. The process was very different. It is clear that the republicans do not want to have this row of men interrogating a woman who went through a trauma a long time ago but a trauma that is fresh in her mind according to her therapists account two years ago so there are a lot of things all sides are considering but it is quite clear to me that if Brett Kavanaugh is innocent, the public has to hear from her and they have to make their own judgment who is telling the truth. We are not going to get to the bottom of this next week. We are not going to perhaps ever know who is really telling the truth but if she is persuasive, many more questions about what Brett Kavanaugh has told the committee will be raised. A great deal is that steak. He more than believes he is innocent, he says it didnt happen and there is the presumption of innocence in this country. Lets say it does play out the way you say, not like the anita hill hearings we were riveted by with many witnesses, mark judge, refusing to testify, he has no memory of this, cant recall this, does not think Brett Kavanaugh would have such behavior, never seen that from him. What happens if it comes down to he said she said . Unless she brings more evidence or some more substantial evidence, can the country learn by next thursday or will we be back where we are today with everyone looking at each other . I dont think we will be quite where we were today because we will have heard from her, living, breathing human being, a woman who says she was assaulted by a man who may sit on the Supreme Court. I think it is very important that she make her case to the Senate Committee, to the american people, and she be given a chance to do that and if she has character witnesses or corroborating evidence for her allegations it is crucial they be heard as well. I think the rush to judgment doesnt do justice for doctor ford, it doesnt even do Brett Kavanaugh any good because if he has voted in the nomination as approved and he becomes justice, does he want to serve these allegations hanging over his head . We need this reckoning. We need to hear both sides of the story or we wont be where we are today where we just have Washington Post account of what supposedly happened to her. I went to hear it from her. Americans want to hear that and Brett Kavanaugh deserves to hear it and deserves a chance to respond also. What do you think after hearing her and hearing him, the impact on this nomination will be . I cant say. It depends how forceful and credible her testimony as and none of us can know that just as none of us know what happened in that room that night. We may never know that but as someone who has testified and went to jail to protect a source i know memory is the most unreliable of witnesses and for that reason, many people, many courts in this country are not permitting memorybased testimony any longer. The force of her testimony and the credibility of her appearance will determine whether or not americans believe her or Brett Kavanaugh and they in turn will put pressure on their representatives to vote as they see fit. It is impossible to say how this will come out and im not absolutely certain she will testify. As you point out she left a lot of caveats. In the details, it is in the details. If as you pointed out when we started this conversation she does not testify, and blames the committee, the lawyers saying they didnt meet our demands and what is the reaction of that . Some people say why would she demand certain requisites from the Senate Committee when the Senate Committee is running the investigation and questioning. I think this issue, the allegations have become so polarized it will be a response based on partisanship and polarization. Republicans and people who went to see Brett Cavanagh become Justice Cavanagh will believe him and many women and Many Democrats will believe her. The ultimate judge will come and the judgment will come in november during the midterms. If women are angry enough about the way this issue is resolved about the way she is treated, if they feel she is not given due process, they will turn out in large numbers and that could cause a wave the president says doesnt exist. Diane feinstein had the letter for six weeks. According to her doctor for did not want to be named publicly. Why didnt democrats demand a closed door hearing before this was leaked out and became public . Keith ellison is accused of Domestic Abuse and although he denies at the wall street journal says the allegations of sexual abuse can be a politicized weapon. That is a danger here and it is also very dangerous to make say someone makes an allegation that cannot be substantiated because it kind of colors the entire process, it colors and determines the way Justice Cavanagh will be perceived as he sits on the court if his nomination goes through. This is the most extraordinary of situations. This is beyond anita hill. I really do believe in the long run it will be in Brett Kavanaughs interest to have doctor ford testify. If his nomination is pushed through, if republicans can get the votes they need without having substantial democratic support there will always be a cloud hanging over him and i dont think anybody really once that. Republican or democrat who cares about america should not want that. The president is standing by and standing fast, he is denying the allegations, he will strongly deny this. Some have been calling for him to withdraw. Do you think he should . Is that the president no, i dont think he should. That is really up to Brett Kavanaugh. He has denied these allegations, he said they are not true. We need to hear from him also about them. If the allegations are true or he was not honest with the Judiciary Committee in his testimony or in previous confirmation hearings, we need to inquire about that as well. There is a presumption of innocence in this country that has sometimes gotten modeled in this controversy and certainly we would like to see if this would be true. This is not a court of law. In a court of law theres a perception of innocence. Here we are talking about a nomination to the Supreme Court, a lifetime nomination to the Supreme Court. So the bar is much higher. Not as you point out, the court of law presumption of innocence but a public sense of confidence in our judicial system. Thank you for your insight. That is what is at stake here. Thank you for your insight as we continue our coverage throughout the rest of the afternoon. Where the president is staying in reaction to all of this so keep it right here. We are after this short break. Oh oh ozempic® vo people with type 2 diabetes are excited about the potential of onceweekly ozempic®. In a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. Oh under seven . vo and you may lose weight. In the same oneyear study, adults lost on average up to 12 pounds. Oh up to 12 pounds . vo a twoyear study showed that ozempic® does not increase the risk of major cardiovascular events like heart attack, stroke, or death. Oh no increased risk . Ozempic® ozempic® should not be the first medicine for treating diabetes, or for people with type 1 diabetes or diabetic ketoacidosis. Do not share needles or pens. Dont reuse needles. Do not take ozempic® if you have a personal or Family History of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to ozempic®. 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Breaking news on saturday afternoon, the woman accusing Brett Kavanaugh of Sexual Assault 36 years ago is agreeing to testify before the senate Judiciary Committee next week. Doctor Christine Blaseyford is accusing Brett Kavanaugh of Sexual Assault at a High School Party when they were both in their teens, happening in the early 1980s. Ellison barber joins us, where the president is spending the weekend. Any reaction from their . Reporter we are getting a little off the record at what a white house official seems to be suggesting, they are not seeing this offer from doctor fords attorney, something being offered in good faith, and this has been asked to continue negotiations without committing to anything. It is a clever way to push off the vote monday without committing to appear wednesday. When this news first started to break we saw the white house take a softer, more indirect approach, we heard Kellyanne Conway say on fox news doctor ford should not be insulted, she deserves to be heard. The president took a more reserved approach to addressing these allegations. We have seen that change from the white house as donald trump addressed these allegations questioning why the accuser, doctor ford, did not come forward years ago, why her or her parents did not go to the police, and Diane Feinstein held onto this letter. It would have a bigger impact, they see this, the white house, the president said they saw that in his tweet the other day, and effort to resist and obstruct. Reaction from the white house seems to be they do not consider this offer from doctor fords attorney to be done in good faith. It is a clever way to push the vote monday without committing to appear on wednesday. We are working to get more information in regard to this but that is the general view, they think it is a commission to negotiation, not to something specific, which republicans and the Administration Want to see happen. Thank you for that update live from berkeley heights, new jersey. Really expected to testify before the Senate Committee, or a clever way to squeak out of it. Judge Andrew Napolitano is here to dissect the letter, what it means and the potential of the bombshell testimony from both sides as Fox News Channel continues coverage of this controversy. What do you mean its not working out, craig . I just introduced you to my parents. Psst craig and sheila broke up. What, really . Craig and shelia broke up . No, craig . What happened . I dont know. Is she okay . Craig and sheila broke up craig and sheila . As long as Office Gossip travels fast, you can count on geico saving folks money. Craig and sheila broke up what . Fifteen minutes could save you fifteen percent or more on car insurance. Im ready to crush ap english. Im ready to do what no one on my block has done before. Forget that. What no one in the world has done before. All i need access, tools, connections. Highspeed connections. Is the world ready for me . Through internet essentials, comcast has connected more than sixmillion lowincome people to lowcost, highspeed internet at home. Im trying to do some homework here. So theyre ready for anything. Continuing coverage on the Fox News Channel saturday afternoon. In a letter, doctor Christine Blaseyford saying she will testify before the senate Judiciary Committee next week and we dont have the details of everything that has been negotiated. We are told negotiations are still in progress as we speak. Joining us is judge Andrew Napolitano, senior judicial analyst and i want to ask you, do you think that doctor ford will ultimately testify . Judge napolitano good afternoon. Always a pleasure. I do think she will testify. If she does not, she has destroyed her own reputation publicly and totally undermined or effectively undermined the credibility of the allegations against Brett Kavanaugh. As judy miller a few minutes ago on your show so nicely summarized, for better or for worse, we are in a position in our Cultural Society these days where an allegation of this magnitude can be fatal to a human beings career. When cannot effectively make this allegation to a newspaper reporter, well respected writer for the Washington Post and not follow through on it and subjected to a legitimate and fair crossexamination so bottom line, she does testify. There are still a lot of ifs. Will it be public or private, will she go first or will Brett Kavanaugh go first, will she be interrogated by the actual members of the committee. And these are negotiated we speak. And judge napolitano saying this is an act to continue negotiations without committing to anything. And an effort to push the vote without committing to appear wednesday. That is a legitimate inference that can be drawn from that but i dont think theres any magic to the vote on wednesday. For that matter there is no magic to seating Brett Cavanagh on the first monday in october because the court doesnt release opinions until mid or late november. If there are any ties with the court, he participates in the court at the time. I understand the frustration, someone like Brett Kavanaugh for a year and a half, the president promising his candidate will be on by the first monday in october and so has Mitch Mcconnell, the majority letter majority leader of the senate. I dont know if these allegations, however substantial or insubstantial, will interfere with the timetable. Judge napolitano, despite the promises to get this done in a particular amount of time, really the other big he is to get it done before the midterm elections. Do you think anything that happens here, that friend of mine for both sides of the aisle . Judge napolitano absolutely. If his nomination fails or if hes not on courts by the midterm elections a lot of people in my view, even supporters of the president , particularly evangelical protes

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