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Unless we learn all sorts of different things. but they just need 50% or more to set the rules for the trial. so that's why we're talking about four republicans, possibly, maybe, potentially, siding with the democrats on setting of the rules. fundamentally, it's not likely to change the outcome of this. so what's the distinction? why does it matter that they have witnesses? and -- and get evidence versus what mitch mcconnell had initially told fox he wasn't going to do? >> i'm so glad you brought this up. for the public to understand, this is a process in steps. and actually, it could be the m...

Say that with a heavy heart, tomorrow were going to have inconclusive evidence about what actually transpired but in the end, were going have to make a decision and yes this will forever be steeped in doubt, whatever decision we end up making. it sounds to me like he is preparing his watchers for his yes vote this week. >> i don't know, neil. this could go either way. i think some senators, some of these key swing vote senators, lisa murkowski, susan collins, jeff flake, i think they are trying to watch the hearing with an open mind and we just don't know. tomorrow, there's going to be crazy f...

That are really in question, have been from beginning but especially today. sunlen serfaty has that on capitol hill. what's the latest there? >> well, kate, certainly as mitch mcconnell pushes ahead and says he is pushing ahead with an up or down vote some time soon, he said some time in the near future on the senate floor, as he says that, though, it certainly is significant that these key swing vote senators, of course, we talked about them a lot in recent days, like like lisa murkowski, she made a significant statement this morning to my colleague manu raju which is not in line with the res...

Through bad days and so many better days since then, she's been a great wife and inspiring mom. i thank god every day for my family. >> that was july 9th. molly, we're in now mid-september, and my goodness, what a difference a couple of weeks make. >> yeah, you know, it was so striking, as you said, from the very beginning, how aggressive the messaging was, the presentation of judge kavanaugh as a friend to women. and you could certainly understand why that was done, right? the swing vote senators that they're going for are women. the major decision at issue, roe v. wade, is about women's righ...

Grassley. both lawmakers stress the importance of a fair process for the judge. >> i mean it will be done right and try to do what we can for everybody's interest. in the ends, i think this record speaks for itself. as long as it affords this person a chance for confirmation. >> is there anything that could prevent brett kavanaugh? >> well, we're going to go through the process. it gives them an opportunity to meet with everybody that has an open mind. we got a great nominee here i think it deserves bipartisan support. >> meanwhile, it is now shifting to critical swing vote senators, including...