Devin Nunes: You're watching the collapse of the US Senate

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Devin Nunes: You're watching the collapse of the US Senate

Trump takes aim at Senators Booker and Feinstein over the Kavanaugh confirmation process; Rep. Devin Nunes weighs in on 'Justice with Judge Jeanine.'

This is a rush transcript from "Justice with Judge Jeanine," September 29, 2018. This copy may not be in its final form and may be updated.

JEANINE PIRRO, HOST: Breaking tonight, President Trump stands strong amid the Kavanaugh controversy with a rousing rally in West Virginia. Hello and welcome to "Justice," I'm Jeanine Pirro.
Thanks for being with us tonight. And thanks to all of you for once again making "Justice" number one last weekend and "Liars, Leakers, & Liberals" is still on the New York Times bestsellers list.

And we're going to hear from the President in a moment on a wide range of topics at his campaign style rally in West Virginia that only just finished up. Plus, my take on the Brett Kavanaugh situation in tonight's "Opening Statement" is just moment away.

And then I'll be joined live here in New York in a "Justice" exclusive by House Intel Commission Chairman, Republican Devin Nunes, as well as conservative commentator, Michelle Malkin; and NRA TV host Dan Bongino and more.

But first, you watched it here live, the President of the United States fired up a packed crowd in Wheeling, West Virginia in another raucous rally taking on his opponents and touting a long list of accomplishments. Here are some of the highlights.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: But a vote for Judge Kavanaugh is also a vote to reject the ruthless, and outrageous tactics of the Democratic Party. Mean obstructionists, mean resisters. For the last 18 months, Democrats have spent every minute trying to overturn the results of the last election. We had one of the great - we had one of the great - everyday, it's like a job.

It's like part of your job description. Get up and fight them. Honestly, the Democrats are a disgrace. They are. They are a disgrace.

[Cheers and Applause]

TRUMP: And the number one enabler of the Democrats is the fake news media right back there.

When I say and come out with very, very strong statements about media, I'm talking about the fake news media. They are truly an enemy of the people. The fake news - enemy of the people. They really are. They are so bad. You don't even get it. You'd think they'd like low taxes. You'd think they like a strong military. No crime, strong borders. They don't. They don't.

This November 6th, you have a chance to reject these disgraceful political hacks. But you can only do it - you have got to vote Republican. I mean, we have good people. They have been taken so far left where Pocahontas is now considered a conservative in the Democratic Party.

She is like a conservative person. Pocahontas. Elizabeth Warren, she is considered like a conservative person. These people - they have gone crazy. They have gone loco. How about Cory Booker. Did you watch the performance? He ran Newark, New Jersey into the ground and now, he wants to be President, right? What was the moment he said he had?

I don't think so. I think we'd take Kirk Douglas in his prime, don't we agree?

(END VIDEO CLIP)

PIRRO: Yes. More from the President's rally throughout the hour. But first my open. Is it just a he said-she said? Is it really that simple? And why is this now in the hands of the FBI? Why? Because the establishment of Republicans have buckled, caved and bowed to the Democrats or should I say demon rats. That's what I said, demon rats.

The spectacle I saw this week was one of the most of pathetic, disheartening, saddest displays to which this nation has ever stood witness. It was for all intents and purposes a crucifixion of a man who has led the kind of exemplary life few of us can mirror.

Now, you already know I was a felony court judge. I had been both a prosecutor and then the DA. Sex crimes and crimes against women and children were my crusade. I assessed whether cases should go forward, whether the accused should be charged and convicted and if so, as a judge what the sentence should be.

No one sympathizes more than I when it comes to women who are the silent victims of crimes. I created the first domestic violence unit in the nation which was the Department of Justice pilot program.

Christine Blasey Ford is a lovely lady who is credible and I believe something happened to her. But she is in over her head and she is being used. No matter how many indelible hippocampus brain comparisons she made. She couldn't remember the fundamentals -- whose house it was, where it was, when the party was, how she got to the house or how she got home -- she waits 36 years not telling her mother, a friend, a high school counselor or anyone before now.

If Ford said no one was there, that it was just she and Kavanaugh or it was just he and she alone in the parking lot, then it's a true he said-she said. But once she chose to say there were four people there, it's a they said. Yet all four of they said something happened. They weren't there. They don't know what she is talking about. Now what does that tell you about Ford's memory? If they weren't there, is it possible Kavanaugh wasn't there either?

Now crucial here is Ford's therapy visit in 2012. For the first time in three decades, she says she mentioned Kavanaugh's name. If true, why was the name Kavanaugh not in the therapist notes. And why would Ford's lawyers withhold those therapist notes, at least the part that referred to this alleged event? Why was Ford so evasive when questioned by the prosecutor on this issue? Why did her attorneys interfere with her answering in her testimony on this point? Were methods used to help her recall whatever traumatic event occurred?

If a rape victim undergoes hypnosis, sometime prior to testimony, for the purpose of refreshing her memory of the incident, the court and jury is entitled to know. Because of the risk of confabulation of recent events like television, newspapers that impact one's memory, it is not a reliable means of refreshing one's recollection.

Ford's attorneys said she was afraid to fly and had to drive across the country. Yes, we now know she was never told the committee was willing to come to her. We find out she is not afraid to fly. The woman has flown all over the country and the world, the South Pacific and Hawaii. But move all of that out of the way. What we are dealing with here is hypocrisy, not who is right and wrong, who's guilty and who's innocent. This is about people desperate to win at all costs.

Take a man and his family down, no problem. It's the battle of the hypocrites. Jeff Flake is the perfect example. He says after the hearing he's going to vote for Kavanaugh. But the man buckles after two women scream at him while preventing his elevator door from closing.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Look at me when I'm talking to you. You are telling me that my vote doesn't matter. What happened to me doesn't matter.

(END VIDEO CLIP)

PIRRO: What happened to me doesn't matter? Of course, it matters. But what does your abuse have to do with Brett Kavanaugh? Hundreds of thousands of women have been abused in this country. Take your anger out on the person who abused you. Go to court, convict him, send him to jail, spit on him, I don't care. But don't you dare blame Brett Kavanaugh for your victimization.

Only when Jeff Flake is dumb enough, weak enough to not even get it. And Cory Booker, the wannabe Spartacus has the gall to stand up and criticize a man who has literally an altar boy on the politics of sexual assault. The ultimate hypocrite, Booker admits groping another young woman when he was 15. Why aren't we going after him? And that genius Senator Mazie Hirono who allegedly graduated from high school, either skipped the presumption of innocence class or she is willing to throw it all away for her political gain.

And Mazie, your hypocrisy knows no bounds. When you have the nerve to say the Republicans - the Republicans have tossed out the rules, you are the one who declared Kavanaugh guilty before hearing any testimony simply because it was a woman who was the accuser and you all men shut up.

And you're willing to openly say conservatives are simply not entitled to the presumption of innocence? Who are you? But my favorite, Dianne Feinstein. Madame, you don't deserve to be in the United States Senate. And no one can believe anything you have to say.

(BEGIN VIDEO CLIP)

DIANNE FEINSTEIN, US SENATOR, CALIFORNIA, DEMOCRAT: Each of these allegations should be investigated by the FBI.

(END VIDEO CLIP)

PIRRO: Two days ago, you called for an FBI investigation. What a shock? Why didn't you ask for it in July when you got the Ford letter? You didn't ask for it because you're a hypocrite. No, like a Cheshire cat, you sat on it to inflict the most damage at the most damaging time possible.

Ford - Christine Ford didn't want to be exposed. But, no, you had other plans. Your plan was to leak it. You actually gave Ford the name of the Democrat attorney. Poor Dr. Ford, this woman doesn't know she was nothing more than a puppet on the string of Democratic politics.

Dianne, where is your integrity? You and everyone in the Senate know how this should have been handled. Confidentially. The FBI should have been involved before until it's done. No one has respect for you.

But In the end, Lindsey Graham said it best.

(BEGIN VIDEO CLIP)

LINDSEY GRAHAM, US SENATOR, SOUTH CAROLINA, REPUBLICAN: There is no way to investigate something that happened 35 years ago when you can't tell the month, the location. So this is not about get together truth.

(END VIDEO CLIP)

PIRRO: That's the "Opening Statement." If you like my opening statements, you will love my new book, New York Times number one bestseller "Liars, Leakers and Liberals," which I shamelessly try to advance on this show. I am looking at Congressman Devin Nunes joining me now in a "Justice" exclusive to discuss the open, as well as the president's rally tonight, the Kavanaugh nomination and so much more. We have a lot to get to as California Ccongressman, House Intel Committee Chairman Devin Nunes. Good evening, Congressman, Mr. Chairman, It's a pleasure to have you in New York.

DEVIN NUNES, HOUSE INTEL COMMITTEE CHAIRMAN: It's nice to be here with you, thank you.

PIRRO: Thank you so much. All right, I want to go right to what the president was saying. He had a lot to say about the letter that was leaked on Dr. Ford. The one that Feinstein had. Let's take a look at this sound for a second.

(END VIDEO CLIP)

TRUMP: Remember, Dianne Feinstein. Did you leak?

[Booing]

TRUMP: Remember her answer? Did you leak the document? "Uh, uh, what? No. Uh, no. I didn't leak. Uh, well, wait, one minute. Did we leak? No, no, we didn't leak."

(END VIDEO CLIP)

PIRRO: Your take on that.

NUNES: What you are seeing is the collapse of institutions in this country. It's really, really concerning. When you take a Supreme Court justice and you have senators talking about high school yearbooks, you are watching the collapse of the Senate, a collapse of the republic. It's a really, really dangerous place we are in.

PIRRO: What about Feinstein and her role. You and I both know, and I don't have time to go through it for all the viewers, but all this stuff is supposed to be handled. She questioned him. The Senate knew everything - had the opportunity. Why?

NUNES: Well, there's your answer. Of course she had a responsibility to share that with Republicans. And second, she should have made sure that the FBI knew about that if they were doing an additional background check.

PIRRO: Is there a kickback for her? Is there a political kickback for her before she releases it to Chairman Grassley, the Senate judiciary, she gets a lawyer for the woman.

NUNES: Right, well, loko, Judge Kavanaugh actually said it best. And I think every American should go back and look at his testimony. Probably skip the questions that the senators were asking, but his testimony was amazing. Every American should watch it. Because he talked about the scheme that they all had working together. It was clear that you had outside groups funding an attack on him. And they knew, I guarantee you, many outside groups knew that they were going to drop this bomb because it was their last-second chance to try to stop Kavanaugh from becoming a Supreme Court justice.

And then of course, that happens and you have got all kind of other accusations and God only knows what's going to come out in the next week here.

PIRRO: And you know, the whole idea of the insistence that the FBI investigate. I mean, if the first six FBI investigations didn't indicate anything, how is this one going to be a better one?

NUNES: Well, I don't even know where the FBI would start, right? Because they can - she gave her testimony, so I doubt there is any more than that. All the people have sworn which would be a crime if it were a lie.

PIRRO: Right, even if they go back on what they said ...

NUNES: They go back on their word. So you have no witnesses, you don't know the location. How do you even start to investigate this?

PIRRO: And you know, she hasn't even asked the Maryland police for which apparently, there is no statute of limitations, to investigate it. What do you think of that?

NUNES: Well, because how will the police investigate it? No one can investigate this.

PIRRO: But she doesn't want it investigated.

NUNES: Supposedly, she didn't want her name out there in the public.

PIRRO: Okay, she didn't.

NUNES: But look, there is a whole group of people that are coordinating this effort both inside the Senate with the Democrats and on the outside with the left wing groups with the media tailing right behind.

PIRRO: What about Flake? What's going to happen with Heidi Heitkamp, Murkowski and Collins? What are they going to do?

NUNES: I believe that the senators that are in the red states, I think, if they don't vote to confirm Kavanaugh, I think they are going to be in big trouble in this election. Because one thing that's happened, Republicans are happy with the economy. I mean, every American should be happy with the economy, right? But what you are seeing is that finally, Republicans are waking up that this resistance movement - everybody thought this was a joke like some kind of term out of the "Star Wars," but they are starting to see now because of the situation that Judge Kavanaugh is in, what many of us have been dealing with for the last two years.

PIRRO: Okay, all right, and Congressman Nunes is going to stay right here. There's more to get to. I want to know where we are in the FISA warrant investigation? When are we going to see accountability from people in law enforcement and the deep state? We're going to get answers from House Intel Chairman when "Justice" rolls on in a moment.

Plus more on the Kavanaugh controversial as Dan Bongino and Chris Hahn watched the hearings, just like the rest of us. They're ready to have at it on the panel, and conservative commentator Michelle Malkin joins me live to discuss Kavanaugh, the accuser and more. We are back in a moment.

(BEGIN VIDEO CLIP)

TRUMP: The entire nation has witnessed the shameless conduct of the Democratic Party. They are willing to throw away every standard of decency, justice, fairness and due process to get their way. They don't care how they get it. You see it happening before your eyes. I think it's actually an incredible thing that's happening. And I just hope you don't sit home because bad things will happen if you sit home.

(END VIDEO CLIP)

PIRRO: President Trump doubles down on the Democrats in tonight's rally in West Virginia. And one of those Republicans running is House Intel Chairman Devin Nunes who is back with me here in New York in part two of this live "Justice" exclusive.

Chairman Nunes, you really were the topic of a lot of the headlines, a lot of the discussion on television as it related to the memo related to the investigation of the FISA warrant. The president last week or the week before said he was going to declassify the information relating to that. And I must tell you personally, everyone I talk to across the country wants this declassified. He was with it, declassify it, no redaction. All of a sudden, he said I'm going to give it to the Inspector General. What happened?

NUNES: I'm guessing that many people that don't want this out went to the White House and had a sheeting and told the president a lot of things that weren't true, like things about scaring - our allies don't want this out, which is a ridiculous statement. I mean, how would the allies even know what's in a FISA warrant?

So I think the president got a little spooked on this. Then he turns it over so he is going to have the IG look at it. But we've worked so hard to get this information out to the American people. We want full transparency here on all the matters. So there's 20 pages of the rest of the content of the FISA that we want out, and what this is so important is because this gets to the insurance policy that remember Strzok and Page were talking about? We believe this was the insurance policy, okay, the content that's left.

You also have people who are saying, "Oh, they're really bad stuff." It really wasn't the dossier, it wasn't the dossier that was used, the Chris Steele dossier and it wasn't the fake news stories, it was really all that stuff that's behind the redactions. Okay, so it's not true what's behind those redactions, the American people do need to know about.

PIRRO: All right, so let's say that - they are worried about sources and methods in national security. That stuff didn't come out. I mean, that's simple to do. But I wonder, is this connected to Rod Rosenstein? He's fired or he's not fired. There is a meeting, there is not a meeting. Is this about Rosenstein applying leverage of some sort? Because It seems to me, he's the one who is going to fall when this is exposed.

NUNES: Well, he signed the last renewal of the FISA. So, really, I don't even know why he would be even involved in this process. I mean, he should not be advising the President on this because he signed the last FISA. We in Congress - everybody in Congress, the Speaker, the leader, the whip, the whole Intelligence Committee, nearly every Republican has called for these documents to be declassified.

PIRRO: And the President did change his mind.

NUNES: He changed his mind. So my - if Rosenstein was involved in that process, I mean that should be an immediate, immediate dismissal of whatever happened in that meeting because remember every time we've tried, we've moved to get things declassified, what do they say? They say that we are going to - we are going to ruin national security. And what happens every time? The information comes out and it makes the Department of Justice, FBI and all the Clinton campaign people and Fusion GPS, they all look bad.

PIRRO: You found massive abuse. Now that it's been forwarded to the Inspector General, he has done an investigation on Comey and McCabe and honestly, I'm not impressed to be honest with you. I mean, good for him, but there is nothing that comes of this.

All right, I mean, I could have impaneled a grand jury to indict McCabe without the Inspector General giving me a 500-page report. All right, so what is the IG doing?

NUNES: Look, the IG is fine. It's great.

PIRRO: He is doing fine, who cares?

NUNES: But we are a separate branch of government. We created the Department of Justice. We have every right to see that information. We have decided that the American people need to see this information. The President wants the American people to see the information. So how is it possible that this can be held up?

And I think all they are trying to do is stall until after the midterms. I've always believed this, but we are right at the end, right? We have got 20 pages of the content, which is the insurance policy. We have the Bruce Ohr 302s, right? Which are the reports.

PIRRO: Right.

NUNES: So, remember this is Bruce Ohr's wife who was working for Fusion GPS which essentially is working for the Clinton campaign as this was being funneled into the FBI to open up and start and investigate the Trump campaign. So why would we still be here nearly a month away from the elections and we still can't get transparency out to the American people? So the president has got to do something.

PIRRO: Well, you know, I've heard he watches the show. So we'll see.

NUNES: And that, too. I've seen him live on this show. All in.

PIRRO: Congressman ...

NUNES: He's eating up the whole show.

PIRRO: Congressman, thank you so much for being here. It's an honor to have you here in our studio.

And a law enforcement expert still on deck with a closer look at the testimony of Brett Kavanaugh's accuser. And next, we all watched the same hearing this week, but you can bet, Chris Hahn and Dan Bongino came away with very different takes. The panel does battle as "Justice" rolls on in just a moment. Don't even think about missing these two or three ...

MARIANNE RAFFERTY, CORRESPONDENT, FOX NEWS: Live from "America's News Headquarters, " I'm Marianne Rafferty. The Securities and Exchange Commission fining Tesla and its CEO Elon Musk $20 million each. The SEC says Musk and the company committed securities fraud alleging that Musk misled investors when he tweeted he would be taking the company private in early August. The SEC also requiring that Musk step down as Chairman of the company, but he will remain CEO.

And Senator Elizabeth Warren hinting at a Presidential run in 2020. The senior Massachusetts senator made the announcement earlier today at a town hall in Holy Oak, Massachusetts. Take a listen.

(BEGIN VIDEO CLIP)

ELIZABETH WARREN, US SENATOR, MASSACHUSETTS, DEMOCRAT: I am interested. I will take a hard look at running for president.

(END VIDEO CLIP)

RAFERRTY: I'm Marianne Rafferty. Now back to "Justice With Judge Jeanine."

(BEGIN VIDEO CLIP)

TRUMP: The Democratic Party. When you say Democratic Party, that's wrong. There is no name. Democratic Party. That's a great name. They should probably change the name if you think about it. They're not calling them the Democratic Party. The Democratic Party is radical socialism - Venezuela - and open borders. It's now called to me, you've never heard this before. The Party of Crime. It's a party of crime. It's what it is.

(END VIDEO CLIP)

PIRRO: President Trump taking shots at the left at a rousing rally in West Virginia tonight. Joining me now, my favorite political panel NRA host, Dan Bongino - TV host; and Chris Hahn, radio talk show host. Thanks guys for being here.

All right, so the Party of Crime, now, Dan Bongino, why would the President call the Democrats the party of crime?

DAN BONGINO, HOST, NRA TV: Well, because they are. In the last few years, what have we witnessed from the Democratic Party up on the hill? We've witnessed the spying - you just has had Congressman Nunes on a spying scandal with the weaponization of the intelligence community to take down their political opponents.

You've see democrats openly advocating for open borders and uncontrolled immigration to the country despite any crime consequences. And now, we've seen them become not only the party of crime, Judge, but the party of character assassination, too as they try to take down Judge Kavanaugh - a dedicated public servant in what was an abomination of a week for the Democrats. I'm disgusted for them.

PIRRO: A lot of us are. Go ahead, Chris.

CHRIS HAHN, RADIO TALK SHOW HOST: You can call it whatever you want, in January, you will be calling them the majority party. And they will be calling Paul Manafort, Michael Cohen, Gates, Flynn - and we'll see how the party of crime is because it seems to me that there's been a lot of crime going on, and now, they've got a justice that doesn't have the temperament. Lies about little things because even if he is saying ...

PIRRO: What is he lying about? Wait a minute. Chris, what is he lying about?

HAHN: ... Renate - okay, let's just start with the Renate alumnus ...

PIRRO: Wait a minute, are we going to be using a yearbook? A high school year book to trash a guy going into this. Chris, I want to see your yearbook.

HAHN: I'm not, Judge. Hold on. I'm not going to use his yearbook. I'm using his testimony from Thursday where he lied about the meanings were in his yearbook.

(CROSSTALK)

PIRRO: Do you know more about the meaning his yearbook than he does?

HAHN: Yes.

PIRRO: You do?

HAHN: I do. Renate does, the other people who were mentioned in that yearbook. It was all in the New York Times story and it's - look, it's a reference to a movie, "The Animal House," and I think it's time that ...

PIRRO: Okay, what are you talking about, Chris? Say it fast. Reference to animal house. He admitted they were animal house fans.

HAHN: Renate alumnus has a similar reference used in that movie. Yes, go ahead.

BONGINO: Chris, listen, man, generally you are a pretty good guy. But I'm being dead serious with you now, this is disgusting. Now, don't laugh. This isn't funny. Don't be a smart ass. This isn't funny. This guy is a dedicated public servant. Be quiet, I let you talk. Now, you let me talk. You are impugning the character of a good man. On a national cable television show, you are impugning the character of a good man just like everybody else.

Hey, hey, pipe down. I let you talk, and say the ridiculous absurdities. You are obligated to let me respond. You have disgraced yourself doing this and throwing yourself in with this disgusting episode this week. This is a father, this is a dedicated public servant, this is a basketball coach and this is someone's son. You have absolutely zero evidence what you are saying right now is true. Wait. Pther than the fact you watched animal house 20 years ago. I'm disgusted. You should be embarrassed and you should apologize right now.

HAHN: I watched it last night. Why lie about Ralph Club biggest contributor and say it was stomach. Nobody would write that on a yearbook. Come on, Dan. You know better than that.

PIRRO: You know what, Chris ...

(CROSSTALK)

BONGINO: How do you know that?

HAHN: He lied about little things. He lied about little things, his character is not good for the court and he's going to be pulled by the end of the week anyway. Don't you worry. Don't worry.

BONGINO: I can't believe - I really can't believe this is happening right now.

HAHN: There are other conservatives you can put on the bench and you will get your pick. But not this.

PIRRO: You know what, your party, Chris. Dan, hang on. You're party, they're like Cheshire cats sitting on all of this information, saying to themselves, if we can't stop him now, we'll bring in three women. You want to trash him, I was good to Christine Blasey Ford. I believe something happened to her, and she is being used by you demon rats. All of you are using her and you want to say this guy is liar because of his yearbook and animal house, you sound like a fool.

HAHN: Well, look, he did lie.

PIRRO: He lied about what?

HAHN: ... in that alumni, he lied about Ralph Club. He lied about ...

PIRRO: What is Ralph Club. What is it, Dan? What is Ralph Club? What is it?

BONGINO: Judge, listen ...

HAHN: Dan, tell her what Ralph Club is. Dan, please tell her.

PIRRO: Wait a minute . Guys, stop. Both of you stop. What is it, Chris. You tell me. What is it?

HAHN: It's a club of people throwing up for overdrinking ...

PIRRO: Oh, big deal. Big deal. They talk about flatulence and they talk about throwing up, were you always an adult before you allegedly got to be an adult?

HAHN: He lied about it. Judge ...

PIRRO: All right, go ahead, Dan. Hit it.

BONGINO: Chris, here's the difference between me and you, I am not a liar and when I am wrong and I don't know, I'd admit it. Just admit you have absolutely no idea what Judge Kavanaugh meant when he wrote Ralph Club in his book. You can't. You're just lying because you want an innocent man down because your party right now is evil. They're running out of bad ideas, I think they're just now bad people. I am sorry. You're on the wrong side of the moral arch of history. You should be embarrassed. You should tweet out an apology to everybody watching this show tonight with this disgraceful appearance.

(CROSSTALK)

PIRRO: Do you think Dianne Feinstein was right in leaking this things out and lying and then saying, you know what? Oh, I don't know, my staff didn't leak it? You didn't ask anyone? No. Oh, did you leak it no? We didn't leak it. I mean, come on. How naive are you?

HAHN: No, look, I think that she should have given this information to the President the minute she got it and maybe he wouldn't have nominated this guy. This guy is going to be a problem. And it begins on the court. He is still going to be a problem.

PIRRO: The American people are going to answer you in the November election.

HAHN: Yes, they will.

PIRRO: Chris Hahn and Dan Bongino. Thank you. Outrageous. I've got to tell you, I don't know if you were in tears, but a lot of people including me were in tears. Next, more on Brett Kavanaugh and his accuser's testimony. Michelle Malkin joins me live in a moment. Don't miss it.

It was the testimony that gripped much of the nation this week. President Trump's nominee to the highest court in the land and the woman accusing him of decades' old attempted assault. Let's talk more about it with conservative commentator, Michelle Malkin.

All right, Michelle, I understand you were listening to the interview with Bongino and Hahn. What's your take on that?

MICHELLE MALKIN, CONSERVATIVE COMMENTATOR: Yes, well, there was a lot of talk about Ralph Clubs and the attack on Judge Kavanaugh and his character not only by Mr. Hahn, but the entire resistance movement in the beltway swamp, in Hollywood, and academia. It makes me wants to Ralph, okay, and I am especially ashamed, Judge of so many women who should know better. Women who know men, who have been falsely accused of exactly the crimes of crimes that Judge Kavanaugh has been accused of.

And they know what it's like to fight for five, 10, 15, 20 years to clear innocent men's names. The thing is that, and you are a veteran of the criminal justice system. And you have seen so many times, Judge, people lie. People are capable of lying about all sorts of things. And so this idea that accuser, Christine Blasey Ford seems sincere, of course, to anyone who is a veteran of the criminal justice system knows, you can sincerely seem that you are telling the truth when you are lying through your teeth and that's something that nobody wants to talk about these days.

PIRRO: Well, you know what, I have to tell you, Michelle, I mean, I listened to her and I believe something happened to her, I really do, but I think her memory is so repressed and I want to know why all of a sudden now. But I said that in my open. This was worse than Bourque. This was worse than Clarence Thomas. Why is it that Republicans are always at the end of the most of vicious, brutal attacks? And now people like Flake are buckling to let's do an FBI investigation as if after six, they are going to become geniuses and figure out something more on the seventh.

MALKIN: It's a disgrace. I wish that last week would have ended on the high note of Lindsey Graham finally saying what needed to be said. I wish that his words had penetrated the clouded mind of Jeff Flake, which rhymes with snake. It is no surprise that we had him act the way that he has acted. Essentially, he has become the enabler of the resistance movement.

Look, the left is acting exactly the way it has telegraphed it would act. They are doing their jobs, and it was the job of the Senate Republicans to do their job, support their President and this nominee because what is at stake in the Supreme Court are literally life and death matters. And here we have Jeff Flake folding like a stack of cards. It's a disgrace, Judge.

PIRRO: You know, I have to tell you, I mean, it's just additional delay and delay and delay. And Michelle, I'm out in this a lot of times talking about this tonight, but the show is so packed, I felt terrible for Kavanaugh, for his wife, for his mother.

I mean, you are not a serial predator for one year and then, for the next 35 years you don't touch a woman. I mean, and no one is genius enough to find all three women who have repressed memory, who won't say a word for 35 years. They are saying this predator picked three women who'd shut for three years. Are you kidding?

MALKIN: Yes, I think much more needs to be investigated about the machinations behind how each and every one of these accusers suddenly appeared, and what the plot and conspiracy, yes, I will call that that was between Senator Feinstein's office, the judiciary committee staffers, "The New Yorker" and prosecutors like the one here in Colorado. I mean, that Debra Ramirez case raises a lot of eyebrows, the providence of that.

PIRRO: All right, Michelle Malkin, thanks so much for joining us.

MALKIN: You bet.

PIRRO: A law enforcement expert joins me live next for a closer look at this week's testimony and what we can expect in the investigation is next. First, more from the President tonight in West Virginia.

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TRUMP: We built a lot of wall already and fixed a lot of walls, but we're getting it. It's not the easiest thing because the Democrats know it's the thing we really want. It's very much of a signature, it's a big part of what we talk about. They get in the way. I know it for a fact. They said we can't -- we'll get things that are actually military. $700 billion and $716 billion. We get that. A wall is a tiny thing by comparison, but they want to fight that wall for political purposes. But we are building it. And I love this, we are going to finish it. We'll get it finished.

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PIRRO: Over the past week or two, you may have found yourself asking questions about how someone can make an accusation about another person over an incident nearly 40 years ago without any evidence or corroboration.

I brought in an expert to talk about the Kavanaugh case and I am joined now via Skype by Onondaga New York District Attorney, former President of the National DA Association and a dear friend of mine for many years when were DAs together, all right, Billy, would I be correct and we don't have a lot of time in assuming that you and your office have interviewed and prosecuted tens of thousands, if not more sex crimes victims.

WILLIAM FITZPATRICK, ONONDAGA NEW YORK DISTRICT ATTORNEY: Very fair to say. I've have been a prosecutor for almost 40 years, so very fair to say.

PIRRO: Okay, good. Now, you watched the testimony of Christine Blasey Ford, would you have filed charges on her behalf?

FITZPATRICK: No, ethical prosecutor could possibly bring a case because of the lack of specificity as to the time, date and location and the defendant is entitled to know all of those things by constitutional law.

PIRRO: All right, okay, so that in itself, I call it the who, what, where, and how. But that is a prohibitor. All right, so now, we hear this prosecutor come in. You and I have tried many cases. You certainly more than I at this point. I didn't like her. I didn't like her approach, I didn't like her behavior. What do you think?

FITZPATRICK: Well, I happen to be very fond of Rachel and I'm very, very close friends with her boss. But with that said, what I would have focused on would be the visit to the therapist in 2012 by Dr. Ford.

People are struggling with this conundrum, Judge, how can two people be so credible when one of them demonstrably has to be lying. The answer may very well be that neither one of them are lying. That what happened in that therapist office is that a memory was recovered by some means, possibly hypnosis as you suggested in your "Opening Statement" and that makes it absolutely inadmissible both in the state of New York and in the state of Maryland and then, frankly, most of states in the union.

The reason being, that hypnosis can often cause co confabulation, the creation of a false memory that the affiant, the declarant, the victim firmly believes is true. Now, you and I both agree, something happened to Dr. Ford. We can't say when it happened. But I was very, very troubled by not pinpointing how is it that she is able to identify Brett Kavanaugh as her attacker.

PIRRO: And now that she has done it, and the resistance on the part of the attorneys to allow the Senate to look at the notes with the therapist, the lie detector test before everything was revealed gives me the sense that there was a whole plan here. I don't have you on to discuss that, but more the reality that there are people out there who are honest in their claims but just can't be specific enough.

FITZPATRICK: Yes, I mean, I prosecuted the lead case in New York 35 years ago. A woman was brutally raped. For months and months, we were so frustrated, she couldn't identify her assailant. We finally went to hypnosis and she was able to identify her assailant and he was convicted and that case was reversed. Fortunately, he was convicted again, but the Court of Appeals said, look, it's just not reliable. You can't cross- examine someone effectively who absolutely believes they are telling the truth and that's only as a result of false memory that was created by hypnosis.

PIRRO: And you think that that is a probability here?

FITZPATRICK: I think it's a good possibility. I would be much more suspicious and much more favorable to that possibility if the lawyers for Dr. Ford not agree to release those therapist notes. At the very least, they should be given to a third party to neutrally examine.

PIRRO: Bill Fitzpatrick, DA, thanks so much. We'll be right back

FITZPATRICK: Thank you, Judge.

PIRRO: Finally, tonight the president talked about the party of crime. If you want to read more about the party of crime, get a copy of my new book, "Liars, Leakers and Liberals: The Case against the Anti-Trump Conspiracy," number one New York Times best seller and you can get your copy at Amazon and Barnes & Noble. Now, go to it now.

Anyway, remember, you never have to miss "Justice" if you can't watch, just set your DVR.

I was at Liberty University this week and next weekend I'm going to show you a lot of great video from there. Thanks for watching. I'm Jeanine Pirro, advocating for truth, justice and the American way. Greg Gutfeld is coming up. See you next Saturday.

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