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Testimony. >> how would they prove this alleged assault happened and how much does the burden of proof come into play and it's a congressional hearing and not a criminal trial? >> that's a great question. there's no burden of proof. what this is, whether or not the congressional committee wants to recommend and advise that brett kavanaugh actually gets the supreme court nomination. it's whether or not they believe it. it's a he said,/she said, whether or not her story has been consistent. and her motivation in testify. a lot of people brought into question what her motivation is at this point....

Who has been outspoken about wanting professor ford to testify before the committee before they move ahead in the vote. also, susan collins of maine and lisa murkowski of alaska. they're moderate republicans who have showed that they are at times willing to go against the grain of their party. with the republicans having only a slight advantage in the senate, 51/49, there is a slim margin for error. keep an eye on how they react to the testimony if we see a hearing and how they decide to vote on this nomination moving forward. >> before i let you go, emily, the other big headline. fallout over...

Kavanaugh responded, they've responded and said he denies it. we'll see what he has to say if this hearing happens. i think we can expect him to push back pretty hard on these allegations. >> emily, outside of midterms being one of the main drivers of the nomination, what -- standing by him as opposed to pulling the no, ma'am nation? >> it's a check and balance for the republicans of the white house. they don't want to be overly dismissive of her claims of sexual assault against anyone working for them. but they also want to be defensive and stand behind their supreme court nominee. so they do...

A now report on how they took rod rosenstein suggestion to secretly record the president. the democrats are sending familiar faces to the campaign trail. this morning, whether that strategy could backfire. the senate judiciary committee and attorneys for christine blasey ford reached a tentative agreement for her to testify on thursday and talks will continue today as they try to riern oiron out the conditio her appearance. they call it a delay tactic. they say we a preer no closer to a fair hearing but brett kavanaugh remains redding, willing and eager to testify as soon as possible. judg...

judge kavanaugh plans to defend himself? >> i think what his advisers are trying to do is prepare him for a different kind of hearing and different questioning than he faced the first time around. that mostly focused on his judicial record, his views on various issues of the day. this will be about him and his personal life. they're trying to get him into that mode. this is going to be a very, very different and pretty unprecedented type of setting that he'll face if this hearing does, indeed, happen later in the week. you know, when you look at the comments that he has made, he has vigorou...