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Against judge brett kavanaugh have polarized our nation weeks before the mid-term elections which will decide who controls the congress. we have team fox coverage of breaking news this afternoon. the chief white house correspondent, john roberts is live on the north lawn. first to mike emanuel live on capitol hill. mike? >> shep, good afternoon. a democrat up for re-election in a conservative state, heidi heitkamp of north dakota came out and said she is a no saying "in addition to the concerns about his past conduct last thursday's hearing called into question judge kavanaugh's temperament an...

A.m. it takes 30 minutes to have that roll call vote. they close it at 11:30 and count 30 hours passed that. that would get to 5:00, 6:00 saturday night if the democrats burn all 30 hours. you can make the sunrise in the west if you got unanimous concert. they can move it up or back if all 100 senators agree. what is unknown if the democrats will use their time once it's put in motion sometime tomorrow, shep. >> shepard: these demonstrations not unexpected i guess. >> right, this is a big nomination, tensions are high here. a lot of protesters in the building. i was outside the capitol. they p...

Tonight when he has a political rally at 6:30 local time in rochester, minnesota. the white house not even trying to convince or change the minds of the 46 now 47 with senator heitkamp who said they will vote no on kavanaugh. the president tweeting out earlier today, this is the seventh time the fbi has investigated judge kavanaugh. if we made it 100, wouldn't be good enough for the obstructionist democrats. the white house is mustering its efforts to republican flake, collins and murkowski to vote. they're also working manchin and donnelly. heitkamp is in there but shouldn't be now that she's...

What we will likely hear from democrats is this report wasn't a report at all. it was too limited. is that a fair assessment? >> reporter: because judge kavanaugh and dr. ford were not interviewed by the fbi, that means that this investigation is not credible, and i think you're going to hear more and more democrats making that argument, but of course i think the question is how do senators flake, murkowski and collins feel? do they feel this was a credible investigation. do they feel that the public understands it to be an fbi investigation? i do think that's a real question here. do people, ...

Is a no. joe tester said he'll vote against kavanaugh siting not only allegations but views on the patriot act and quote, thousands of e-mails and calls from montanaens. meanwhile, joe mansion of west virginia has publicly remained undecided but put out a statement backing senator flake's calls for investigation. and democratic senator heidi told reporters at a campaign stop this weekend quote there are a lot of lawyers in america that can sit on the court. i think this idea that there is only one person that can do the job, we all need to recalibrate. those are pretty interesting colts from t...