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Blasey ford and support for him already historically low by just plus 6, plus 4, support for him now has fallen off the cliff. the support now sat minus 4 by a 4-point margin, more americans want him not on the court than want him confirmed. every polsa little different. you want the make sure you compare apples to apples when you're comparing polls and seeing the way they change over time. but this is an apples to apples comparison. he has gone from plus 6 to plus 4 to minus 4. and in the history of the nbc poll on supreme court nominee, no nominee has ever had negative support before, ever. ...

Tonight, it really looked like dr. ford's lawyers and the republican chairman of the senate judiciary committee might be on about track to negotiate some sort of mutually agreeable terms under which dr. ford would appear in some way before that committee to discuss her allegation. the fact that those negotiations were under way tonight is publicly known. the written communication from dr. ford's lawyers to the committee which sort of started off those negotiations today, that statement is also publicly known. i'll share that with you in just a second. as of tonight, heading into air time tonig...

Allegation to be substantiated and they found sufficient evidence to bring charges, there is no rule against indicting a supreme court justice. there is not even justice department policy against indicting a supreme court justice the way there is for, say, a president of the united states. wouldn't that be great for the court? senator patrick leahy joins us live next. stay with us. h us -computer, order pizza.

That's it. that's your only chance. deadline's tomorrow morning. as we reported last night, the main sticking point appears to be whether or not republicans in the senate and the white house will allow the normal procedure that is usually followed in cases like this to apply to this case too. i mean, brett kavanaugh is not the first nominee for the supreme court or the first nominee for any other high-ranking senate confirmed position who has gone through the process of confirmation hearings only to see a serious allegation of some personal nature raised against him by a member of the public l...

To the oval office and write the president's speeches. he would also sometimes help lbj choose bombing targets. that's exactly the kind of intimacy that you should not have between a president and a justice. and you certainly should not have a justice on the supreme court feeling such a sense of indebtedness to the president who send him there that he is not going the rule against the president if one day that should be required. >> michael beschloss, nbc news presidential historian. thank you, my friend. it's good to have you here. much appreciated. >> thank you. thank you. >> all right. it's...