Laura Ingraham: The accusers' last act
The longer the Republicans allow Brett Kavanaugh to twist in the wind, the uglier it is going to get.
This is a rush transcript from "The Ingraham Angle," September 26, 2018. This copy may not be in its final form and may be updated.
SEAN HANNITY, FOX NEWS HOST: In 41 days, Rush is right, you have all the power. This is insanity. All right, we'll always be fair and balanced. Let not your heart be troubled. Laura is in the next studio. We'll back in D.C. tomorrow. How are you?
LAURA INGRAHAM, FOX NEWS HOST: Hey, Hannity. I thought you were up in the rain. I thought, you know, you can weather any storm. You're supposed to be up there, and now you're in a cozy studio right next to me.
HANNITY: Why are you being so mean? I just said Laura's next, let not your heart be troubled, she has all the latest, breaking news, don't miss Laura's show, and then you trash me every night. What's up with that?
INGRAHAM: It's just sisterly-brotherly love. That's all. Sean, have a great show tonight.
HANNITY: All right. Have a great show.
INGRAHAM: You're buying the margaritas later, OK. I've got to get ready for tomorrow's hearing.
HANNITY: Yes, ma'am.
INGRAHAM: All right. Welcome to "The Ingraham Angle," everybody. I'm Laura Ingraham, Washington. We're exactly 12 hours away from one of the most anticipated senate hearings in recent memory. Tomorrow morning, Judge Brett Kavanaugh and Dr. Christine Blasey Ford will make their case in front of the senate judiciary committee, and an outside sex crimes prosecutor. Well, we have every angle of this story covered tonight. You do not want to miss a moment. Including, we'll talk to a high school friend of Brett Kavanaugh who is mentioned prominently in the calendar that he submitted from the 1980's to the judiciary committee today. She'll join me in studio. Plus, an examination of a very flimsy polygraph submission by Dr. Ford, as well as some last-minute stall tactics by Democrats that may show them to be less confident than some would assume. What must Kavanaugh accomplish at tomorrow's hearing and how might performance mean more than substance? Raymond Arroyo is here with some seen and unseen insights. But we begin with the accuser's last act. That's the focus of tonight's "Angle."
(BEGIN VIDEO CLIP)
SEN. RICHARD BLUMENTHAL, D—CONN.: I have opposed his nomination. From the beginning. I've opposed it from the beginning. I think the nomination should be withdrawn.
SENATE MINORITY LEADER SCHUMBER, D—N.Y.: I strongly believe Judge Kavanaugh should withdraw from consideration. And the president should withdraw this nomination if Kavanaugh won't do it voluntarily.
HOUSE MINORITY LEADER NANCY PELOSI, D—CALIF.: I join leader Schumer and calling for Judge Kavanaugh to withdraw his name from consideration.
(END VIDEO CLIP)
INGRAHAM: Shocker. We told you this was going to happen. The longer the Republicans allow Brett Kavanaugh to twist in the wind, the more concessions they granted to his last-minute accusers, the uglier it was going to get. You know in musicals, the 11 o'clock number always arrives right on time to close out the show? Well, the 11 o'clock number in the Kavanaugh confirmation saga has arrived.
(DRUM ROLL)
INGRAHAM: Oh, he looks adorable on that stage. So, of course, porn star lawyer, Michael Avenatti, delivers a gift today. He drafted an affidavit in which this woman, Julie Swetnick, claims that Kavanaugh, while a high school student in the early '80s, spiked drinks at house parties to loosen girls' inhibitions, and then essentially groomed them to be gang raped inside rooms. Swetnick further alleges that Kavanaugh was present at one such party in approximately 1982 when she, herself, was gang rape, though she says he didn't take part in it. Swetnick claims that there are witnesses who can vouch for her account. We haven't heard from them yet. Reacting to these outrageous charges, Kavanaugh today said the following, this is ridiculous and from the twilight zone. I don't know who this is and this never happened.
Now this is the third in a series of what certainly appears to be a carefully timed and coordinated smear campaign on Kavanaugh. First, there was Christine Blasey Ford, who's still scheduled, as I said, to testify tomorrow morning before the senate judiciary committee. Exactly no one has corroborated her claims, and the polygraph test that she submitted to the judiciary committee today, it read like it was conducted by Cory Booker. We have more on that in a few moments. Then, from state further left, came social justice advocate Deborah Ramirez, who claimed that Kavanaugh exposed himself to her during their freshman year at Yale. Ramirez, however, may have exposed the holes in her own salacious story by admitting to friends that she couldn't be quite sure if Kavanaugh was, in fact, the guilty party.
Again, there are no corroborating witnesses. Kavanaugh has strenuously denied that it happened. And Ramirez herself admits to being bombed, slurring her words at the time, and she conceded that her memory was, quote, foggy. And then today, we saw a new addition to the playbill, Ms. Swetnick. Now like the other two heroines of the anti-Kavanaugh resistance, her allegations are already getting bad reviews. She says she attended at least ten parties where gang-rapes were taking place. What? She also said that she went back to one such party in approximately 1982 after knowing that these gang rapes were taking place, where then she herself was raped. And it's important to note in 1982, she was a sophomore in college. How many college students do you know who attend high school functions where gang-rapes had previously occurred? None of it makes much sense at all, but this does.
Tonight, we're learning a lot more about Avenatti's new prize, Ms. Swetnick. According to Politico, her ex-boyfriend paints a disturbing picture of her own character. In a phone interview with Politico, he said this about a 2001 injunction, right after I broke up with her, Swetnick, she was threatening my family, threatening my wife, and threatening to do harm to my baby at that time. I know a lot about her. She's not credible at all. He said not at all. Wow. Despite all of that, of course, the media today did what they always do, try to make President Trump out to be the bad guy in all of this. Another choreographed performance.
(BEGIN VIDEO CLIP)
UNINDENTIFIED MALE: If you don't mind come after I'm finished, if Haley or Vivian or one of our female colleagues could go after me, that would be great. I think it would be great if a female.
DONALD TRUMP, PRESIDENT OF THE UNITED STATES OF AMERICA: What does that mean? No, what does that mean?
UNINDENTIFIED MALE: It would be great if a female reporter would ask you a question about this issue. So, if you don't mind.
TRUMP: I wouldn't mind it at all. I wouldn't mind it at all. It wouldn't make any difference to me. See.
UNINDENTIFIED FEMALE: To follow up on a question that a colleague asked as well.
UNINDENTIFIED FEMALE: Let me follow up on Jim's question. Mr. President, let me follow up on Jim's question that I don't think we've got an answer to.
(END VIDEO CLIP)
INGRAHAM: No collusion there. The president, though, he wasn't rattled by the swarm. And he gave his own kind of instant review of these last-minute theatrics.
(BEGIN VIDEO CLIP)
TRUMP: It's a very tough situation for a woman. There's no question about it. I'd like to hear a story. Yeah. Well, we're giving more time. They're going to have a big shot at speaking and making their case. And you know what? I could be persuaded also. I think when you really look at it all, it's not going to change any of the Democrats' minds. They're obstructionists. They're actually con artists because they know how quality this man is and they've destroyed a man's reputation and they want to destroy it even more. And they know it's a big, fat, con job. And they go into a room, and I guarantee you, they laugh like hell at what they pulled off on you and on the public. They laugh like hell.
(END VIDEO CLIP)
INGRAHAM: I thoroughly enjoyed this press conference at the U.N. today. The entire allegation act I think is getting old. The last minute solos are not credible, and the reporter's chorus falling flat. My prediction, after all the hype, after all the bright lights, all of it faded, after we've heard from the left about this Kavanaugh takedown effort, all of it, this production will close out of town, a total flop. And despite all the hysteria, Kavanaugh will finally get the featured role he deserves, and he's prepared for his entire life, a seat on the Supreme Court of the United States. And I have two words, life tenure, and that's the "Angle."
Joining me now on set is Gayle Trotter, the spokesperson for the Judicial Crisis Network, and Sonia Ossorio, president of the National Organization of Women, New York City chapter. It's great to have you both on tonight. I want to start with you, Sonia. We've seen these late in the game drive- by hits on Kavanaugh's character and reputation, so is it not fair to inquire, as Politico did and other news organizations are tonight, about the character and reputation of the accusers?
SONIA OSSORIO, NATIONAL ORGANIZATION FOR WOMEN: The accusers aren't up for a lifetime position on the Supreme Court. We can talk about this all day long amongst us and on every television station, but what we need are experts. We need an investigation. There are so many people that are involved in these circles. That's the only way we're really going to get to the truth. And in terms of what you talked about that there's no corroboration, there absolutely is.
INGRAHAM: Really? What's the corroboration? Let start with the most recent, there some anonymous stuff we'll get to which is laughable. But what I just want to be clarified so everybody can understand, so what you're saying is a woman can make any allegation against a man late in the process like this, with no contemporaneous corroboration, and not be subjected herself to scrutiny for motives or character.
OSSORIO: I think that's already done.
(CROSSTALK)
INGRAHAM: My question is a serious one. You're saying a drive-by hit late in the process, after the confirmation is over, after these allegations have been sat upon, you cannot question him?
OSSORIO: You're calling it a drive-by hit, so I think that's already happening. That their characters are being.
INGRAHAM: But Politico. Is Politico part of the right-wing conspiracy?
OSSORIO: Please. What we need to do is have an investigation.
INGRAHAM: But you're saying anyone who makes an allegation, no matter what, that allegation has to be investigated by the FBI? Are you kidding me?
OSSORIO: When the person is up for the Supreme Court.
INGRAHAM: Any allegation?
OSSORIO: Absolutely.
INGRAHAM: Any allegation. OK, we're making progress.
OSSORIO: Yes.
INGRAHAM: Go ahead.
OSSORIO: We are making some progress.
INGRAHAM: Any allegation.
OSSORIO: I'm so glad.
INGRAHAM: OK, that's feminism today, fantastic.
GAYLE TROTTER, JUDICIAL CRISIS NETWORK SPOKESPERSON: I think the truth is that far left partisans led by Chuck Schumer vowed before Judge Kavanaugh's name was even released that they would stop this confirmation by any means necessary. And we're seeing that these far left partisans think that the means are justified -- the ends are justified by the means and so they're going to do anything, anything to engage in assassination of Judge Kavanaugh's character.
OSSORIO: Ladies, are you suggesting that the Democratic Party or operatives went out and recruited these women, and they sat around the table and they said, OK, now, you're going to say this, and you're going to lie, and I know you've got a life, and a job, and kids, but we're going to blow it all up because.
INGRAHAM: They were calling around. They were calling around. That came out.
TROTTER: Debbie Ramirez was speaking with lawyers for six days until she decided she was sure enough that it was Judge Kavanaugh.
INGRAHAM: Let's read more about this latest accusation, because Michael Avenatti is like the gold standard of credibility. I mean, you can never question -- he's another person you can never question. She filed a sexual harassment complaint against her former employer, this is a New York Times piece tonight, about a decade ago. It was against New York life insurance. OK. Sexual harassment complaint, it's fine. According to people familiar with the matter, representing her in the complaint was the firm run by, wait for it, Debra Katz, the lawyer currently representing Dr. Ford. Is that just a coincidence?
OSSORIO: Who knows? I mean, if she's an expert in workplace sexual harassment -- you know what I think we should be asking is why doesn't Mark Judge -- why is he subpoenaed?
(CROSSTALK)
INGRAHAM: Who cares about Mark Judge. There is no corroboration.
OSSORIO: Oh, my gosh.
INGRAHAM: . for any of this. Where's the corroboration? Give me one contemporaneous witness. All for people in the room.
(CROSSTALK)
INGRAHAM: You want him off the court because of Roe versus Wade, right? This has nothing to do with disqualifications. You probably don't even believe these allegations. You really believe any of these allegations against him?
OSSORIO: You know what I believe? What I believe is I need -- I would like to know the facts. And the only way to get to a fact.
INGRAHAM: You wouldn't support him anyway.
OSSORIO: That's beside the point.
INGRAHAM: You don't care about the facts. You want him off the court.
(CROSSTALK)
OSSORIO: Come on.
INGRAHAM: It's fifth vote on the court and it's Roe versus Wade. And the national organization for women, God bless you, it's about Roe, it's about identity politics, and this is feminism today, no wonder so few women want to identify themselves as feminists because every man -- every man is guilty, they're guilty as charged, your reputation is down the tube.
OSSORIO: You're being so unfair. You know what? You're being unfair.
(CROSSTALK)
INGRAHAM: Really? Because most American women see through these late in the game hit, yes, they do. They're calling B.S. on this and you know it. Let's talk about.
(CROSSTALK)
OSSORIO: You know there's three of us right here in this room. There's four of us. The likelihood that one of us has been sexually assaulted is very much a possibility because those are the statistics.
INGRAHAM: OK. Do you think women?
OSSORIO: Sexual assault is a real problem.
INGRAHAM: I agree. I completely agree, 100 percent.
(CROSSTALK)
TROTTER: You are -- uncorroborated claims. How much does that affect.
OSSORIO: Well, we don't know until we have.
TROTTER: No. We know they're uncorroborated. We don't know where they took place, we don't know when they took place, we do know that people that she -- that they identified, and all of them deny any recollection.
INGRAHAM: Sonia, I have a question for you.
(CROSSTALK)
OSSORIO: She was talking about this in 2012.
(CROSSTALK)
INGRAHAM: One little problem with the therapist. If I hear the therapist thing, I'm going to need a therapist, OK. Where the notes? Where the notes? Guess what, there are no notes. She didn't deliver her notes. You know why? Because I think the therapist was like the ACME therapist. It's a big lie. Lie, lie, lie.
OSSORIO: That's why we need a real investigation.
(CROSSTALK)
INGRAHAM: You know what I want an investigation? I want an investigation of what Brian Fallon, former Hillary Clinton operative, revealed to suckle Kavanaugh. To keep the Supreme Court out of Kavanagh's hands until 2020, out of Trump's hand. He said the following, saving the Supreme Court from Trump's clutches is always involved a very complicated two step. First, block Kavanaugh. Then fight like hell to win back the senate. If Kavanagh drops out, we're halfway there. If Democrats are able to win the senate back, we'll have a path of blocking Trump for picking any of the arch conservatives on his short list. This has been a plan from the very beginning. Debra Katz has been a member of the resistance. George Soros's paws are all over this. They're not busting people into town to play Tiddlywinks. They're busting people into town to smear a good man and that's unfair. And I think it's a disservice to women.
(CROSSTALK)
INGRAHAM: Yes, I do. I've known him for 28 years, thank you very much. And he's a great -- he's not a good man, he's a great man. He's not perfect. Sure he had a few beers. I'm sure all of us had some beers in high school or college. But to say someone has done this with zero corroboration is an outrage.
(CROSSTALK)
OSSORIO: This is why women do not report that actual assault. This is why so few women report it because this is the treatment.
TROTTER: I'm not buying that.
(CROSSTALK)
INGRAHAM: Would you go to a great party -- if you know what happened nine times, would you go back to that same party? What kind of person -- what kind of woman doesn't say, I want to protect my sisters out there? I want to protect the young girls in high school who are being lined up, apparently, to be raped. I'm going to go back to the part, have a beer, and then put myself in jeopardy. That is a woman, we should say.
(CROSSTALK)
TROTTER: What about her lawyer? Any lawyer has a duty of obligation to their client, and she didn't go to law enforcement. So if you think.
(CROSSTALK)
INGRAHAM: Women have to protect other women.
(CROSSTALK)
INGRAHAM: Guys, we're running away. Women have to protect other women. And I think you're right. Sexual assault is really serious. We have to take it seriously. We have to treat it seriously. But it's unfair to men and women.
OSSORIO: Then why are you calling it a drive-by hit?
INGRAHAM: Because it is.
(CROSSTALK)
INGRAHAM: Because they had an entire confirmation process where they could have brought up these allegations, and Dianne sat on them because she knew it would be damaging two days before a vote. Sitting on an allegation. I don't think you would do that.
OSSORIO: Why rush it?
INGRAHAM: All right, guys. We'll let you have the last word.
OSSORIO: Let's have an investigation.
INGRAHAM: All right. We agree that sexual assault is really.
(CROSSTALK)
INGRAHAM: All right. Thanks, you two. Judging by their actions, you would think the Democrats don't really want Dr. Ford to testify. I don't know. As we noted earlier, this afternoon, all the judiciary committee Democrats sent a letter to President Trump telling him to withdraw Kavanaugh's nomination. Then a few hours ago, Dianne Feinstein urged Chairman Grassley to postpone tomorrow's hearing altogether. I predicted that would happen last night. You really can't make this up, folks.
Well, here to analyze it all, former federal prosecutor, Fox News contributor, Andy McCarthy. Andy, for the record, we think sexual assault is a serious problem. I thought it was serious when Juanita Broaddrick said that she was raped by Bill Clinton, and we didn't get a lot of support from feminist back then. I think is important now. But I think what's been done to Brett Kavanaugh is one of the all-time travesties in American politics. It's despicable, it's a disgrace, and he's going to get confirmed, and there's no asterisk next to his name. I'm sorry. No way. Andy? I'm smoking over this. I'm really, really mad about what's happening.
ANDY MCCARTHY, FOX NEWS CONTRIBUTOR: Look, it's going to be like Clarence Thomas all over again. There's no asterisk once he gets on the court, which he richly deserves to be on. If you think about it, Laura, this nominee has more information that has been given to the senate about him, they have more ability to exercise, advise, and consent to make a discriminating appraisal about his qualifications than any nominee in the history of the United States. And what they did here is exactly what you described. They sat on these allegations, they abuse the process, and they were permitted to do it. And the minute that you start to give delay to people who are seeking delay, you get more delay and more problems and that's why we're where we are now.
INGRAHAM: Andy, Avenatti was on with Chris Cuomo tonight on CNN, and he again said he wants an investigation, but then he kind of contradicted himself. Let's listen.
(BEGIN VIDEO CLIP)
MICHAEL AVENATTI, ATTORNEY: We want the FBI involved immediately to vet these allegations, to take interviews with all of the witnesses, including Mark Judge, including Brett Kavanaugh. I don't believe we could take her to the FBI because I don't think the FBI would have jurisdiction over her claims of abuse or sexual -- inappropriate sexual conduct as planned or as stated in the declaration.
(END VIDEO CLIP)
INGRAHAM: I don't think he's gotten enough sleep. I can't follow that logic. Take her to the FBI, can't go to the FBI. I'm not following this. Everyone is hanging on the FBI. Explain, with all the, you know, work you've done in prosecutions in New York, big, big trials, how does this all work?
MCCARTHY: Yeah. This is a background investigation, Laura. It's not a criminal investigation. It's not a counterintelligence investigation like we've been talking about for a couple of years. The FBI ordinarily doesn't have jurisdiction to investigate state law crimes like assault and these kinds of sexual abuses. But what they do is, when the senate has to exercise, advice, and consent, they help that process by venting the candidates and bringing to the senate's attention information that they discovered during the course of that kind of investigation. It's not a full-blown criminal investigation. And a confirmation hearing is not a trial. The idea is, get enough information so that they can make a responsible decision about whether to approve this nomination or not. If they don't think that they can approve it, they shouldn't approve it.
But it's not a trial, and the idea that the FBI can breathe life into an investigation that the state authority themselves wouldn't do because it's so time-barred and so stale, that it would be improper under the U.S constitution. Forget about the state statute of limitations. There's no state that we do this kind of investigation. And the bureau doesn't, by having background investigations, get to do something it wouldn't ordinarily do.
INGRAHAM: It's not going to happen. Andy, thank you so much. We're up against a hard break. Polygraph mania hits Washington. We'll get to it.
(COMMERCIAL BREAK)
INGRAHAM: Oh, goody. Dr. Christine Blasey Ford's legal team finally turned over her polygraph results of the senate judiciary committee. And given what we saw, not sure it's going to help her case much. First the questions consisted of the following. Number one, is any part of your written statement false? Number two, did you make any of it up? That's it. Well, not only was that it, but they didn't asked any specific questions about the specific charges. And further, the statements she submitted had multiple edits and contradictions. For instance, the letter says four boys and a couple of girls were at the party, but her letter to Feinstein says, me and four others were there. Lovely grammar. Even for a scientific polygraph report, this is really lame. It's like ACME polygraph. Here to react is Thomas Mauriello, former polygraph expert at the DOD, and current professor of criminology at the University of Maryland. OK, you've got to unpack this for us because I'm looking at this and I'm no expert. I think, what? It seems like it was done by one of the Democrats on the committee. Tell us, what are the problems here?
THOMAS MAURIELLO, UNIVERSITY OF MARYLAND PROFESSOR: The problem is simple, for the polygraph to be somewhat valid, a polygraph test, it needs to be a single issue test. Now, in the examiner's very first polygraph, he says the examination was to address whether Blasey was physically assaulted by Brett Kavanaugh while attending a small party in Montgomery County, Maryland? That's the question. And that's the question that should have been asked. When he asked a question about the letter, the letter has multiple issues in it. So, when you say, you know, you've been truthful to this letter, well, the letter itself doesn't have any specificity. It says, you know, four boys and a few girls. What's a few mean? So, it's unbelievable. It's unbelievable.
INGRAHAM: Yeah. This was actually raised. This very issue -- Mr. Maurielle was raised tonight on CNN. Let's watch.
(BEGIN VIDEO CLIP)
ANDERSON COOPER, CNN: Professor Ford's written account on what happened, which included in the polygraph report, she claims or says there were four boys and a couple of girls in the party. That is different than what she said in her letter to Senator Feinstein, which is that gathering included her and four others. Is that discrepancy important?
JERRY HANFIN: I don't know what Dr. Ford has said prior. My total communication with Dr. Ford was strictly that hour and a half, two hours in the polygraph. So, I don't know what she had said before. As a former FBI agent, I don't think that's a huge discrepancy.
(END VIDEO CLIP)
INGRAHAM: Not a problem? Is that a discrepancy or not?
MAURIELLO: It is. We also don't know what the polygraph examiner said to Professor Ford prior to that, during the pretest. But the bottom line is the question has to be very specific. And this was a simple thing. Did Brett Kavanaugh sexually assault her? Yes or no? It was a very simple test and he lost it by using the letter as the issue. He calls, you know, the statement the issue. Well, the statement has multiple issues from, you know, the location, how many people were there, whether it was Mark or Brett.
INGRAHAM: So what are you saying? So, Tom, what you're saying is, they needed to go chapter and verse down each allegation to make it somewhat useful. I think we all understand that now. I was just stun by the writing on the handwritten statement. I was like, eighth grade writing. I'm sorry, but I'm stun at that. Well, Tom, we're out of time, but thank you for that analysis. And the latest Hail Mary attempt, Senator Jeff Merkley will announce that he's seeking an injunction in federal court. I howl when I read it. Design to stop a final vote on the Brett Kavanaugh confirmation, asserting an obstruction of his constitutional duty to advised and consent on nominees. Is that even possible? Joining us now, constitutional law attorney, Jonathan Turley, just flew here, ran into the studio, Washington Examiner correspondent, Byron York, both Fox News contributors. Mr. Turley, I'm glad you made it, number one.
JONATHAN TURLEY, FOX NEWS CONTRIBUTOR: Thank you.
INGRAHAM: Talk about that Merkley claim. I know we're going to get to some of the anonymous stuff happening today.
TURLEY: It's completely, utterly meritless. And it won't last very long in court. There are cases that have been dismissed along the same lines that were actually stronger. This one doesn't even reach any level of plausibility for a federal judge. It will be dismissed relatively quickly.
INGRAHAM: He says this is about the documents tonight. He said because our constitutional responsibility is to review the man's record and we can't do it if we're blocked by the White House.
TURLEY: Yeah. The courts don't afford that service. And so, this really doesn't pass that lab test for most judges.
INGRAHAM: Byron, tonight, two more accusations surfaced. On other network they were like, five accusers, making it look like it's a big swarm of coming out. Two anonymous, one, two, Cory Gardner saying a woman and her daughter saw Brett Kavanaugh in '98 outside a restaurant, push a woman in a sexually suggestive way against a wall or something. And then someone -- Rhode Island senator saying something else, with the guy was apparently a nut job. But this is what now is being called an accusation. No name, by the way, return address, on the accusation.
BYRON YORK, FOX NEWS CONTRIBUTOR: The whole issue at the beginning of this, when there was just one accusation against Brett Kavanaugh from Christine Ford, was that it was just one accusation. And when you look at all the notorious Me Too cases, they were all a pattern of behavior. It's not as if Charlie Rose was allege to -- an abusive towards just one woman, or Harvey Weinstein, just one woman, or any of them. They were all a pattern.
They did it over and over and over. And Brett Kavanaugh's defenders were saying, look, you've got just this one. So now you have a number of additional obligations, some of them just beyond flimsy. But it does allow the Democrats to say we have this long line, they must be investigated.
INGRAHAM: Tonight, Elana Schor, who is a Senate Democrat aide, tweeted this out, "Senior Senate Democrat aide tells me" -- tells her, excuse me -- "that there's a concern that the GOP is now releasing anonymous allegations in an effort to make all allegations look frivolous. We are focusing on the ones that have names attached."
So now, Turley, we have Senate Democrats calling the Republicans a false flag allegation with the last two allegations. That's where we are.
TURLEY: It's just getting -- this is all becoming more and more bizarre. The most important thing for the committee to do which it has not done even with the hearting around the corner, is to articulate a standard of review. In fact, the members are saying the very opposite. Tomorrow I have a column in "The Hill" talking about what that standard might be, that they should apply something similar to a clear preponderance of the evidence, something that is higher than just preponderance, lower than beyond a reasonable doubt.
But what worries me is that these members have been really working the airwaves to say, this is all politics, we are not a court of law. And that's too easy. There are two people who are going to have one heck of a day in front of that committee. Their lives, their reputations are at stake. These senators deserve -- they deserve, and these senators should be obligated to afford them some sense of how they're going to review the evidence. That is what we don't have here.
So what worries me is you have the senators saying, I will consider how he views the constitution, and others saying, I just believe her even before I hear her testimony.
INGRAHAM: I saw Mazie Hirono, Byron, said a couple day ago said that his jurisprudence makes it more likely -- I believe she said, paraphrasing -- makes it more likely that he did these things. That was one of the wilder things I've ever heard.
YORK: Yes, she said I believe he is wrong about this or that constitutional doctrine, therefore, I believe that he sexually assaulted a teenage girl in 1982. It made absolutely no sense. As far as the questioning tomorrow, we don't really know about what the prosecutor hired to do this questioning is really going to be saying because a number of the public and members of the committee are kind of afraid to go in front of this issue.
INGRAHAM: I like Beth Wilkinson, Kavanaugh's attorney. She was on SPECIAL REPORT tonight. She was fantastic. I would've liked to have seen her ask some of the questions. But we're looking forward to this tonight. Both of you, thank you so much.
Again, as I said, we are less than 12 hours away from tomorrow's monumental Senate hearing. Raymond Arroyo is here next to tell us how style performance may play a larger role for some than actual substance, and how Hollywood is jumping in on the act. "Seen and Unseen" next.
(COMMERCIAL BREAK)
INGRAHAM: It's time for our "Seen and Unseen" segment where we explore some of the big cultural stories of the day.
Culture meets politics. But what does Brett Kavanaugh have to accomplish at tomorrow's hearing, and how might a style mean more than anything he actually says? Joining us now with more is Raymond Arroyo, Fox News contributor, "New York Times" bestselling author of the "Will Wilder" series. Raymond?
RAYMOND ARROYO, FOX NEWS CONTRIBUTOR: Look, this is not your traditional hearing, this is not an evidentiary trial, or a judicial hearing. This is a credibility contest between Brett Kavanaugh and his accuser, Dr. Ford.
Look, I've consulted and I've shaped speeches, coached people over the years, I was an actor, director. This sensibility, people are going to judge what we see tomorrow on the Hill by emotions and instinct more than content. I watched Martha MacCallum's interview the other day with Brett Kavanaugh. I want to share this with the audience. You watch this, and we'll draw some lessons here that he might need to watch.
(BEGIN VIDEO CLIP)
BRETT KAVANAUGH, SUPREME COURT NOMINEE: I am looking for a fair process, a process where I can defend my integrity, and clear my name. I've never sexually assaulted anyone, not in high school, not ever.
(END VIDEO CLIP)
INGRAHAM: I would not use their language. I would not use the left's accusation, like I'm not a cook, I didn't sexually assault someone. I would just say I didn't do anything approaching that. It's an outrage that my reputation -- I think you've got to bring the juice a little bit. It's too flat.
ARROYO: That's the point. This is a little programmatic. It's a little robotic.
INGRAHAM: But he's not like us. He doesn't do that.
ARROYO: But people are looking for him to be indignant, and at the same time he has to be empathetic toward his accuser. Look at this, this is another difficulty. I hope he doesn't repeat this tomorrow. Watch.
(BEGIN VIDEO CLIP)
KAVANAUGH: All I'm asking for is a fair process where I can be heard.
I've never sexually assaulted anyone in high school or otherwise.
Again, I'm just asking for a fair process where I can be heard and defend my integrity.
I've never sexually assaulted anyone in high school or at any time.
(END VIDEO CLIP)
ARROYO: Repeating the same rehearsed lines will not work. He has to show a little of himself. He has to show a little indignation, and I think grit.
INGRAHAM: He has it.
ARROYO: he demonstrated in one moment with Martha. I want to show you, when she asked about the rape allegations, these gang-rape allegations, he got hot under the collar.
(BEGIN VIDEO CLIP)
KAVANAUGH: That's totally false and outrageous. I've never done anything such thing, known about any such thing. When I was in high school and I went to an all boys Catholic high school, a Jesuit high school, where I was focused on academics and athletics.
(END VIDEO CLIP)
ARROYO: He went on to explain his case. But you saw a little of the grit and fire there.
INGRAHAM: He needs more of that.
ARROYO: The camera picks up the things in between the lines, Laura. That is how we judge people when we see them on TV. That is going to be a big determiner here. It's going to be how do people receive him. It's about character.
INGRAHAM: What about her?
ARROYO: She's got the same bar.
INGRAHAM: She's going to cry. She's going to cry.
ARROYO: We know what they are going to say. The statements have already been released. This is all about objects and theatrics, and I think Democrats are going to try to --
INGRAHAM: They are going to try to put them back --
ARROYO: You bet. And Republicans are going to defer to the other --
INGRAHAM: I know he's a judge so he's not like us. We'd like slice and dice these people. He's more judicious and, frankly, kind.
ARROYO: Now is the moment to show his -- he has got to be saddened by the spectacle of this --
INGRAHAM: Justice Thomas did it right. Justice Thomas was like this is a fraud, this is a high-tech lynching. It was great. That won it for him. If you don't fight for it, then people are like, you don't deserve it. You've got fight like this is your life or --
ARROYO: If these allegations are false, you better be ticked off about it. Hollywood is now taking sides in the Kavanaugh fight in an online sensation that got very little attention this week. A-list stars staged a walkout to show their support --
INGRAHAM: Keep walking.
ARROYO: -- of Kavanaugh accuser Christine Ford. Organized by Time's Up, they were black and they walked out of their workplaces in a silent protest against Kavanaugh. Debra Messing, Kerry Washington, Samantha Bee, all left their workplaces to join this movement, as did Emmy Rossum. This is her recording, her group walked out. She's in a show appropriately called "Shameless." Listen to what she said at the end of this video.
(BEGIN VIDEO CLIP)
EMMY ROSSUM, ACTRESS: Believe women. Thank you!
(END VIDEO CLIP)
ARROYO: Believe women. It was #believewomen all day long.
INGRAHAM: Paula Jones didn't get any believe.
ARROYO: But is gender determinative of truth? What if I said believe men? No, believe men or believe women If their charges are seen as credible and if you are corroborating evidence --
INGRAHAM: I don't even understand that. Anyone women making any charge, the UVA frat rape charges, all of that dismissed.
ARROYO: Why does sex tell us anything about the truthfulness of an account?
INGRAHAM: Because they're bubbleheaded, sorry, celebrities, God bless them, and this is not what they do. So they think they were black, they go out, and it's all cool.
Jimmy Kimmel, what is going on? He's at a big Democratic fundraiser the other night in L.A. where he disposed with any semblance of balance. Watch.
(BEGIN VIDEO CLIP)
JIMMY KIMMEL, LATE NIGHT TALK SHOW HOST: It used to when you're a late night talk show host, the prevailing witness was, don't take a side, it isn't worth it. You lose half your audience. Your job is to stay neural and make fun of everyone. And I'm sure you know this if you flip around the channels, that wisdom no longer prevails. This is an emergency.
(APPLAUSE)
KIMMEL: We need to fight, we need to do everything in our power to repeal and replace Congress.
(END VIDEO CLIP)
ARROYO: Repeal and replace this Congress. He basically said he doesn't give a darn about his audience. He's going to take a political side. You know my Jimmy Kimmel's ratings are at the bottom row? Because of things like this. Why drive your audience away? I liked him so much better when he was helping people win Ben Stein's money. This is not going to go anywhere.
INGRAHAM: Let me just say, there's nothing funny.
ARROYO: He's not a comedian. He was never a comedian.
INGRAHAM: Can we do just holograms of Carson? I want holograms of Johnny Carson and maybe a little early David Letterman. But any of the stuff -- guys, you are not funny.
ARROYO: If you want to get into politics, run for office.
INGRAHAM: Run for office. Come to the table, Jimmy. Come sit right here.
ARROYO: Now we've shown the seen and the unseen.
INGRAHAM: Raymond Arroyo, fantastic.
And Brett Kavanaugh submitted his calendar showing his schedule during the summer of 1982. Very organized. One of the women named numerous times throughout the calendar joins us next with her recollections. Stay right there.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
BETH WILKINSON, ATTORNEY FOR BRETT KAVANAUGH: One of the biggest problems with trying to disprove this as I think people are trying to put the burden on him, is that it's very hard to disprove or even remember exactly what you did 36 years ago. That's one of the reasons why he provided his calendars in response to the Senate Judiciary Committees request for all the documents, so they could at least see what he was doing that summer.
(END VIDEO CLIP)
INGRAHAM: That was Beth Wilkinson, attorney for Brett Kavanaugh, summing up how impossible a task this is, develop an effective defense to charges that don't include a corroborating witness from 36 years ago. Joining us now is someone with firsthand knowledge about these months. Suzanne Matan is listed on my calendar and spent much of the summer of '82 with pals, including Brett Kavanaugh. Suzanne, thanks for being here. First, what was your relationship with Brett? You are listed on June 6th, June 8th, June 9th, June 16th.
(LAUGHTER)
INGRAHAM: It says "Suzanne." I guess that is you on the calendar. Do you remember?
SUZANNE MATAN, HIGH SCHOOL FRIEND OF KAVANAUGH: Yes, that is me. Let's start with the fact that he kept a calendar.
(LAUGHTER)
INGRAHAM: Exactly.
MATAN: In high school, he kept a calendar and still has it today. That just shows his level of organization, diligence. And yes, we were great friends in high school.
INGRAHAM: Do remember seeing "Grease 2" with Brett on June 16th? This is like a time capsule, going back to "Grease 2."
MATAN: Not as great as "Grease One."
(LAUGHTER)
INGRAHAM: OK. What you think about these allegations, these latest allegations from a woman named Julie Swetnick? We found out more about her tonight courtesy of "The New York Times" and "Politico." Very litigious, used the same law firm that Christine Blasey Ford used, Debra Katz's law firm, filing sexual harassment claims, got a settlement, got a restraining order successfully filed against her by her former boyfriend. And now these claims from Avenatti's client, gang-rape, Brett Kavanaugh was liquoring girls up to get them lined up for gang-rape. If that had occurred, you knew him well, would you have heard about something like this?
MATAN: It's impossible and it's outrageous. And it is such a stretch to even like him to her. She was in college while we were in high school. We were a close-knit private school community. She was in a public school 35 minutes away.
INGRAHAM: Gaithersburg High School. So was there any cross-pollination with Gaithersburg High School and you went to Holy Child, it's a great school. He went to prep, Georgetown Prep, did you guys hang out together, run in the same circles?
MATAN: Not at all.
INGRAHAM: I just thought it was weird for a college student to hang out with a bunch of high school students in beach week -- what happened at the beach week? I was always mowing lawns. You guys are the fancy people going to beach week. I didn't even know what beach week was in Glastonbury, Connecticut. So what was going on, a lot of drinking, a lot of partying?
MATAN: Beach week is a tradition that at the end of the school year, we would go to the beach. And Brett's group was there with a chaperone. We were down the road and with a chaperone. And we spent a lot of time hanging out then. And it was actually very heartwarming to see my name in the calendar on that week because I remember it as a time when Brett and I spent a lot of time together and really cemented our relationship as friends.
INGRAHAM: To this day.
MATAN: Yes, to this day.
INGRAHAM: MSNBC was mocking the calendar today, Suzanne. I will play a little clip. Let's watch.
(BEGIN VIDEO CLIP)
STEPHANIE RUHLE, MSNBC HOST: He has yet to say why he wouldn't want an FBI investigation, especially if his whole goal when he was a young man, as he says it, was to win all his varsity basketball games, be number one has in his class, and go to Chapel, and do service projects.
UNIDENTIFIED FEMALE: And also it's not like he is sitting back now. He's put others calendar, right, as proof, which, I don't know what a smoking gun they have in there that they're going to show up, but so far all that calendar shows me is corroboration.
(END VIDEO CLIP)
INGRAHAM: Your thoughts on that? Just sneering. The media bias on this, obviously.
MATAN: Like I said, the fact that he kept the calendar and recorded things, not just about his social life but also about cutting the yard and his interviews with Brown, his interviews with Yale. Went out to dinner with his parents.
INGRAHAM: Did you ever see him purposely try to get girls drunk, loading them up with alcohol to take advantage of them? That's one of the accusations.
MATAN: No. It's impossible. Again, this is a guy that had ambitions back in high school. And he loved his parents, he was respected his mom and wanted to follow in her footsteps. And so he would never do anything to disappoint her or sabotages his dreams.
INGRAHAM: Suzanne, thank you so much. You've been stalwart. Up next, the lessons of the Kavanaugh -- that Kavanaugh can take away from the president's press conference today. Those highlights next. And go on our Facebook page and you will see the letter that Suzanne signed along with a lot of her friends supporting Brett Kavanaugh for tomorrow.
(COMMERCIAL BREAK)
INGRAHAM: I'm still trying to get over beach week. What you see from these past two weeks from the media, many of the Democrats, is a disgraceful spectacle. It's meant to tear down a good man. As he approaches this fight tomorrow, he can take some lessons from how the president took on all comers today.
(BEGIN VIDEO CLIP)
TRUMP: The FBI told us they've investigated Judge Kavanaugh six times, five times, many times over the years. They know him very well. But here there is nothing to investigate from at least one standpoint. They didn't know the location, they didn't know the time, they didn't know the year. They didn't know anything. It is like, where do you go?
UNIDENTIFIED MALE: Are you saying that all three of those women are liars? Is there anything that could be said tomorrow that could cause you to withdraw the nomination? Anything at all?
TRUMP: I won't get into that game. I only tell you this. This is one of the highest quality people that I've ever met.
UNIDENTIFIED MALE: Mr. President.
TRUMP: Go ahead.
UNIDENTIFIED FEMALE: My question, Mr. Trump, you didn't let me ask my question.
TRUMP: You've been asking a question for 10 minutes. Please sit down. Please, go ahead.
UNIDENTIFIED FEMALE: How did those impact your opinions on the allegations?
TRUMP: It does impact my opinion. You know why? Because I've had a lot of false charges made against me.
How about just a couple of more. I could be doing this all day long. I could be doing this all day long. Should we continue for a little while? It doesn't matter to me. A couple of more? I don't care. "New York Times," come on, the failing "New York Times." Stand up. Go ahead.
This is a very big moment for our country because you have a man who is very outstanding but he's got very strong charges against him, probably charges that nobody is going to be able to be able to prove. Someone could some and say 30 years ago, 25 years ago, 10 years ago, five years ago, he did a horrible thing to me. He did this, he did that, he did that. And honestly, it's a very dangerous period in our country. And it's being perpetrated by some very evil people. Some of them are Democrats, I must say, because some of them know that this is just a game that they are playing. It's a con game. It's at the highest level. We are talking about the United States Supreme Court.
(END VIDEO CLIP)
INGRAHAM: My advice to the judge when we come back.
(COMMERCIAL BREAK)
INGRAHAM: Tomorrow is game day for Judge Kavanaugh. I hope he's sleeping. But if he's not, that is your fight. Preserve the truth, your good name, your reputation, take on the frauds on the committee who are trying to twist this process and turn it into something it never should have been, a political circus. Our country will be better off for it. Stand and fight. It's the only way to win this. President Trump tells us that and shows us that every day. I'll see you back here tomorrow night. Shannon Bream and the "Fox News @ Night" team will take it from here with another fantastic show. Shannon.
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