Rep. Eric Swalwell: I wouldn't hire Judge Kavanaugh
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This is a rush transcript from "The Story," September 28, 2018. This copy may not be in its final form and may be updated.
TRISH REGAN, HOST: Thanks so much, Bret. What a week it has been, and it continues. Breaking tonight, everyone. President Trump reverse his course. Now, siding with the Democrats and ordering the FBI to get to work.
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DONALD TRUMP, PRESIDENT OF THE UNITED STATES: I think it will work out very well for the country. I just want it to work out well for the country. If that happens, I'm happy.
UNIDENTIFIED MALE: Have you thought at all about a replacement for Judge Kavanaugh?
TRUMP: Not even a little bit. Not even a little bit.
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UNIDENTIFIED MALE: What's your message for Murkowski and Collins and holdouts right now?
TRUMP: I have no message. I mean, they have to do what they think is right.
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REGAN: And with that, the confirmation of Brett Kavanaugh still hangs in the balance tonight for, at least, another week. Good evening, everyone. I am Trish Regan, in for Martha MacCallum and this is "The Story."
Confirming Judge Kavanaugh to be on the Supreme Court is going to be a fight right to the finish. Senate Judiciary Democrats making it clear today, they don't want this vote to happen. After several hours of debate to delay, they got a last-second reprieve from Arizona Senator Jeff Flake. Watch.
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SEN. JEFF FLAKE, R-ARIZ., SENATE JUDICIARY COMMITTEE: I think it would be proper to delay the floor vote for up to, but not more than one week in order to let the FBI continue to do an investigation limited in time and scope.
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REGAN: Late this evening, Kavanaugh releasing a statement saying, "Throughout this process, I've been interviewed by the FBI, I've done a number of background calls directly with the Senate. And yesterday, I answered questions under oath about every topic the Senators and their counsel asked me. I've done everything they have requested and will continue to cooperate."
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And just a short time ago, leader Mitch McConnell, saying the majority stands behind Judge Kavanaugh.
SEN. MITCH MCCONNELL, R-KY, SENATE MAJORITY LEADER: The committee has also thoroughly investigated the last-minute allegations that have been brought forward. The evidence that has been produced either fails, fails to corroborate these accusations. Or in fact, supports Judge Kavanaugh's unequivocal denial.
So, this is a nomination that deserves to move forward and that is precisely, Mr. President, what is happening?
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REGAN: Chief National Correspondent Ed Henry is live at the White House with what comes next. Hi, Ed.
ED HENRY, FOX NEWS CHIEF NATIONAL CORRESPONDENT: Trish, great to see you. Over what Mitch McConnell was trying to do there is reassure conservatives are a little upset tonight that this is not moving as quickly as they wanted. They're not going to have votes on the Senate floor until, at least, the middle or later part of next week.
They were hoping to get this done up or down by next Tuesday. It's going to be at least a few days more as the FBI reopens this investigation. That is dangerous for Judge Kavanaugh because as he himself testified yesterday, every day feels like an eternity. And more unverified allegations can come out.
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But on the plus side, this could lock in some yes votes among moderate Democrats and Republicans who have been wavering if the FBI doesn't find anything new, this could mean that they vote for it and actually confirm Kavanaugh.
The risk though, the caveat is Kavanaugh could be confirmed as long as the FBI does not find the evidence to corroborate Dr. Ford's allegations at the urging, as you said of Republican Jeff Flake, the committee has now asked the White House and the president has moved forward on that directing the FBI to conduct this supplemental background investigation that is, "Limited to current credible allegations that must be completed one week from today."
Except that does not seem good enough for Dr. Ford's attorney, Debra Katz, who released a statement a short time ago praising the Senate for moving forward with a thorough investigation. But added there should be no artificial limits as to time or scope should be imposed on this investigation.
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That seems to blow up things a bit, but Dr. Ford's team does not run the Senate, and this FBI probe may move quickly. Kavanaugh's friend, Mark Judge has already said he will cooperate. Democrats have been demanding he testify, even though he is just tonight given the Senate Judiciary panel a new sworn statement saying he has no recollection of that incident from the early 1980s.
The key here is, at least, five moderates say they backed this one-week investigation or delay. So, if the president has now moved forward with this, Kavanaugh would not be guaranteed to get these votes but we likely get the backing of moderate Republicans like Flake, Susan Collins, Murkowski, Democrats Heidi Heitkamp, and Joe Manchin.
They all say they're in favor of this one-week delay. If the FBI doesn't find something new, they very well may vote for the nominee. Democrat Chris Coons worked with Jeff Flake to broker this. This allowed the committee to report it out of the panel with a favorable 11-10 vote the Kavanaugh nomination. But then, pause before it goes to the Senate floor. Watch.
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SEN. LINDSEY GRAHAM, R-SC, SENATE ARMED SERVICES COMMITTEE: You can have the FBI, the CIA, and the Foreign Legion. And they're not going to say any more than you know now.
SEN. CHRIS COONS, D-DELA., SENATE JUDICIARY COMMITTEE: It is my hope and expectation that a report from the FBI will be delivered to the Judiciary Committee members to allow them to further inform their vote.
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HENRY: Now, remember Republican chairman Chuck Grassley, said that Dianne Feinstein sat on that initial letter from Dr. Ford for nearly two months. The FBI could have already looked at this. Remember also that tape from Joe Biden in 1991 saying that FBI background checks might not matter that much because they're very likely to come back with a he-said, she-said and not really come up with a determination of what really happened.
Bottom line, the hope here at the White House among senior officials tonight is that the FBI finds nothing new, it's sort of a good housekeeping seal of approval, and Kavanaugh in the end gets confirmed. We'll see it, Trish.
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REGAN: Ed Henry, thank you so much. I'm looking forward to seeing you Sunday night, 10:00 p.m. Eastern right here on the Fox News Channel. And it's going to be hosting a one-hour Kavanaugh confirmation special. Make sure you tune in.
Now, here to tackle all these latest developments, we have Lisa Boothe, Fox News contributor. Chris Stirewalt, Fox News politics editor. And we have Marie Harf, former State Department spokesperson under President Obama and a Fox News analyst. It's good to see you all.
LISA BOOTHE, FOX NEWS CONTRIBUTOR: Hi, Trish.
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REGAN: Chris, I'm going to start with you. Is there any good in this for
Republicans as they go to midterms?
CHRIS STIREWALT, FOX NEWS POLITICS EDITOR: I think substantial good, maybe. Look, this is a high-wire act and obviously, the concerns the Republicans have that the longer Kavanaugh hangs out there that there will be other claims that it will become more complicated that the cloud will return, that's real.
But let's also understand, they were faced with a very unhappy thing. They were going to have to jam this through quite potentially with Mike Pence having to cast the deciding vote and there would be this cloud.
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They are left again with the chance, something they hope for from the beginning that they would get Democratic votes that it would be bipartisan and that it would go through in a way that was more pleasing to everybody involved. That's what they really want and though this FBI investigation does pose peril for them.
It reintroduces the concept that this might end up as a happy ending story for Republicans rather than just sort of saving, the last man.
REGAN: Yes, and I got what you're saying. I mean, I think there's some danger in a sort of jamming him through if you would when you have so many people on the left. Saying, "Oh, wait a second, why, why are we rushing this?" There is some questions out there that we need answered.
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The other thing to keep in mind, and Lisa, I wonder what you think of this. Is this going to actually galvanize people, get them to the polls? You know, now they've got a reason to go because if this is still lingering as we head into midterms, they're going to be fired up in a way that maybe they -- you know, might not have been otherwise.
BOOTHE: Yes, I mean, what I'm hearing from Republicans is as they're angry. I'm angry, I think Senator Lindsey Graham was right yesterday where this has been a complete unethical sham in these allegations that had been leveled and weaponized by the left against Brett Kavanaugh have been completely baseless.
Zero corroboration, not a single witness who have stepped forward to reiterate or say that these accusers are correct in her accusations and stories. Yet the Left has dragged his name and his family through the mud and is absolutely despicable.
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And I think, Judge Kavanaugh hit the nail on the head yesterday when he said, this isn't about advice and consent for the left on the Senate. This is about search-and-destroy. That's also what calling for an FBI investigation is for, for those on the Left.
What they are hoping is to continue to seek out just like they did with the Deborah Ramirez story. But, as Ronan Farrow the author of The New Yorker piece has said, the Democrats found her. They are going to try to go out and find more baseless uncorroborated stories to try to further ruin Judge Kavanaugh's good name.
And I think it is absolutely despicable and it's going to galvanize so many Republicans who otherwise would have been complacent heading into the midterm election.
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REGAN: Marie, what I don't understand in all of this, is why the Democrats had this information and sat on it. Before you tell me they're protecting her confidentiality, I would argue that in sitting on this, the way they did by not getting this information to the president's office, they actually compromised her confidentiality. They actually threw her to the wolves essentially.
As I watched that hearing yesterday, I felt for both of them. But I thought what has happened here? Why is this woman becoming a political pawn to be used by one party to hurt another?
MARIE HARF, FOX NEWS POLITICAL COMMENTATOR: Well, let's be clear, Trish, everyone is being used here by both parties, OK? Everyone is playing politics, this is a partisan process. I do not know why Dianne Feinstein did not share this letter. She says it's because the woman wanted to remain confidential and I take her at her word.
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The challenge is we are where we are today. And I think Jeff Flake and Lisa Murkowski and Susan Collins realized that the optics of jamming through this nomination may be barely squeaking by when we are forty days for a midterm where --
Look, Lisa talks about Republican women. The numbers were seen from independent women and Democratic women, they are fired up, they are angry at the GOP already. And the -- and the optics of pushing this through, look, one of two things will happen in this week.
The FBI will either come up with evidence, they will find a witness who corroborates your story or they won't. And at the end of the week, we will all be better because we know the FBI has looked into it. And then, he can vote to be confirmed or not.
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I do not understand why the GOP was so set on moving this forward so quickly. If they -- if they had done the investigation two weeks ago --
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REGAN: Well, I think that they're not very trustful. They're not very trustful of the Left right now because I think -- my thinking is you guys had this information and you didn't do anything with.
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HARF: Well, Trish, no one trusts each other.
REGAN: He didn't let us know about it. Why didn't you let us know about it? Because maybe you wanted, maybe you just want it to bring it forward at the 11th hour.
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HARF: Well, Trish.
REGAN: And that is what we are witnessing right now.
HARF: Trish.
REGAN: And I will tell you, Marie. Marie, it was terrible for her, it was terrible for him and most importantly it was terrible for this country. What we saw as a nation yesterday made every single one of us very, very sad. And we shouldn't be in the spot, and it could have been prevented, had Dianne Feinstein done her patriotic duty.
HARF: Or if Chuck Grassley had two weeks ago, when the story first leaked, asked for an FBI investigation. Then, investigation could have been done.
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BOOTHE: Marie, Senator Feinstein could have asked for an FBI investigation. She sat on these allegations for a week. She should --
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HARF: So, could Chuck Grassley have, Lisa.
BOOTHE: Marie, she should have also done it in a private manner and nobody in this country is better off from the modern day in borking from the left of Judge Kavanaugh. There has been irreparable harm done to the political process. Is Senator Lindsey Graham --
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REGAN: Lisa, let -- hang on.
BOOTHE: And Democrat should be ashamed of themselves. It's disgusting.
REGAN: Is the process in this whole thing was darn lousy and very political. But let me go back to the politics of it all as we look forward to midterms with Chris, here. Because as you're saying, this could be the blessing in disguise for Republicans. It might -- it actually be the nail in the coffin for the Democrats.
In other words, now you have a lot of people -- not really a lot of people on the Right, especially if this gets dragged out. In some ways, it might be a kind of a dare, I say. A gift to the Republican Party if this is the issue come midterms. If this is what is going to get people out to vote, are they more likely to go because of this, Chris?
STIREWALT: Well, context and circumstance will matter enormously. Look, if he goes down to vote based on Republicans if the -- we know that more than a half of Republicans in a recent poll that was taken for a PBS NewsHour said that whatever the truth of the allegations were, that the Republicans should go ahead and confirm Kavanaugh, anyway.
So, there is a danger for Republicans that if this falls apart, more than a half of their voters feel like they will have been failed. That no matter what, whatever Kavanaugh did or didn't do --
REGAN: Yes, but the Supreme Court still at stake?
STIREWALT: Well, I understand that their point of view. I know why they think what they think. But, of course, like 70 percent of the country thinks that if he did it, he shouldn't be on the bench. And I'd say that's the preponderance position. But the Republicans would have a base intensity problem if it does fail because they will be punished by those who said, "I don't care what he did, get them on the court." So there's that.
But to your point, if the seat is vacant, that does raise the stakes and it does raise the stakes for Republican voters. If it's -- if it's not filled and the blame is on the Democrats, then, it increases the value of each vote and probably does increase base intensity for Republicans pretty considerable.
REGAN: Crazy, crazy times. I would point out that the president didn't seem to have too much of a problem with this, nor did Lindsey Graham. I wonder if there was a little bit of secret relief on any of their parts just because of how loaded a situation this was.
Anyway, it to be continued, of course. It's good to see you all. Thank you so much for joining us tonight.
BOOTHE: Thank you, Trish.
STIREWALT: You bet.
REGAN: All right, coming up next, everyone. One day, after the hearing that captivated the nation, THE STORY obtains exclusive reaction from American voters as they witnessed the emotional testimony pollster Lee Carter, investigates all of this and she is here to share her results next.
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BRETT KAVANAUGH, UNITED STATES SUPREME COURT NOMINEE: This confirmation process has become a national disgrace. But you have replaced advice and consent with search-and-destroy.
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REGAN: I spent a week with certainly no shortage of news. That's the understatement, right? Beginning of course with Martha's bombshell interview, this terrific interview on Monday where Judge Brett Kavanaugh broke a silence for the very first time on allegations of sexual misconduct. Tonight another exclusive as the story takes the temperature of bipartisan voters on that interview.
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KAVANAUGH: Never saw any such thing, any such thing. I certainly never participate in any such thing but I never saw or heard of any such thing and we were -- I was focused on trying to be number one in my class and being captain of the varsity basketball team, in doing my service projects, going to church.
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REGAN: My next guest conducted that analysis, the very analysis you saw on the screen. Lee Carter is Communications Strategist and President of Maslansky and Partners and she joins me now. What do the lines mean? Walk us through the colors.
LEE CARTER, PRESIDENT, MASLANSKY + PARTNERS: So and you've got Republicans, Independents and Democrats all reacting to the video that they saw. Red is Republican, yellow is Independent, and blue is Democrat. The higher the line the more they're resonating, the lower the line the more viscerally negative people are reacting. If they're right in the middle it's neutral or confused.
REGAN: So what was the sense of voters during that particular interview, during Kavanaugh's talk?
CARTER: So during that interview, what you could see as Republicans is really optimistic. They bought everything that Kavanaugh was saying. They thought that he seemed so earnest, and meek, and kind. They believed his story. Independent, you can see we're willing to give him the benefit of doubt. Democrats you couldn't even see that line growing across the screen because it was so low. They had pretty much said from the very beginning they did not believe what he was putting down. They thought he was guilty before he started talking.
REGAN: So they were willing to listen at all. Let's talk about Dr. Ford. What did you find during her testimony?
CARTER: You know, I found it to be so interesting how people reacted to her because there were a lot of people who were set in stone saying there's no way that she is credible, there's no way that she's going to -- this is all crazy. What we saw is a lot of people listen to her and they said she's credible, she's compelling, and I really got a lot out of listening to her.
REGAN: All right, so let's watch the sound bite that you tested here with the colors.
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CHRISTINE BLASEY FORD, ACCUSER OF BRETT KAVANAUGH: I have been accused of acting out of partisan political motives. Those who say that do not know me. I am an independent person and I am no one's pawn. My motivation in coming forward was to be helpful and to provide facts about how Mr. Kavanagh has actions have damaged my life so that you could take into a serious consideration as you make your decision about how to proceed. It is not my responsibility to determine whether Mr. Kavanaugh deserves to sit on the Supreme Court. My responsibility is to tell you the truth.
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REGAN: I was watching this with you and my comment was what, they're not moving. They're kind of flatlining. So people that are on the left feel one way, people on the right feel another way, and actually interestingly Independents I mean, maybe it moved up a little bit there at the end. It's almost like people's minds are made up.
CARTER: It was very much. When you watched it, it was very much like minds were made up. But the thing that -- when I also had some open-ended questions afterwards. What I did hear from a lot of people and Republicans too even said I believe that something terrible happened to this woman. I believe that she was traumatized. I'm just not sure that it was Brett Kavanaugh. Independent said things like, is it possible that I can believe her and Brett Kavanaugh at the same time. She was so earnest. It seemed so true. People are so confused as to what to believe. Democrats absolutely 100 percent certain that she was telling the truth and that she was telling the truth that this was Brett Kavanaugh.
REGAN: All right, we also have Brett Kavanaugh testifying. Again, let's watch this.
KAVANAUGH: I was not at the party described by Dr. Ford. This confirmation process has become a national disgrace. The Constitution gives the Senate an important role in the confirmation process but you have replaced advice and consent with search-and-destroy.
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REGAN: Thoughts?
CARTER: So you can see here, again, Republicans went off the chart when Kavanaugh was talking. They bought everything he was saying and they said this is absolutely right. Independents not sure, and Democrats you couldn't even see them because they did not believe anything he was saying and they decided if he is guilty.
REGAN: All right, let me go to Lindsey Graham because he gave a very fiery speech if you would there scolding other members of the Senate Judiciary Committee. Let's play that. I'm very curious.
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GRAHAM: If you wanted an FBI investigation, you could have come down to us. What you want to do is destroy this guy's life, hold this seat open and hope you win in 2020. You said that not me. You've got nothing to apologize for. When you see Sotomayor and Kagan, tell them that Lindsey said hello because I voted for them. I would never do to them what you've done to this guy. This is the most unethical sham since I've been in politics and if you really wanted to know the truth, you sure as hell wouldn't have done what you've done to this guy.
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REGAN: I guess that really shows you how divided, right? That we are -- that people just have a view and they're sticking with their view.
CARTER: I would say that this week is evidence that we are more tribal than we ever have been. Republicans there were off the charts. They said, I wish I said this myself because it's everything I'm feeling. Democrats were so angry at him. They thought it was ridiculous and Independents said, how are we here. They told me that when I asked them open-ended question, they said, I blame both sides. I blame the Senate, I blame all politicians for getting us here. We've destroyed two people's lives, two people's families lives and it should never have been playing out this way, and they blame the Senators.
REGAN: Yes, I get it. All right, good to see you.
CARTER: Good to be here.
REGAN: Lee, thank you very much. C0ming up next, everyone, Senator Lindsey Graham, he cannot hide his disgust with Democrats on this one. He says they're all playing politics with Kavanaugh's nomination.
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GRAHAM: What you want to do is destroy this guy's life, hold this seat open and hope you win at 2020. You said that.
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REGAN: Democratic Congressman Eric Swalwell, he is here to respond to that, next.
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GRAHAM: Kavanaugh clerked for Justice Kennedy. Would you have picked him? No. But you lost the election and that does have consequences.
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REGAN: Senator Lindsey Graham sounding off earlier today with a stark reminder for Democrats skewering the opposition for playing politics with Kavanaugh's confirmation and warning there could be a price to pay in the future.
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GRAHAM: Let me tell you my Democratic friends. If this is the new norm, you better watch out for your nominees.
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REGAN: Here now, Democratic Congressman Eric Swalwell of California. Congressman, good to have you.
REP. ERIC SWALWELL, D-CALIFORNIA: Good evening, Trish.
REGAN: What's your reaction to all this?
SWALWELL: Well, I understand that there are political consequences but I don't know if the senator is suggesting that the cost of losing an election is to put on the Supreme Court somebody who has serious allegations against him where there are still questions and asterisks on that nomination. I think the responsible thing to do is to put to bed all of those allegations.
REGAN: Congressman, I hear you on that. But I want to go back to why it is that we didn't know about this earlier. We were just talking with our pollster, Lee, who told us look, Independents are getting fed up with this. They don't -- they blame both sides. They do not like that it got to this point. They didn't think it was fair to Judge Kavanaugh, they didn't think it was fair to Dr. Ford, and I would tell you it wasn't really fair to the country to see that, and it could have been prevented had the Democrats who had this information from Dr. Ford come forward and told our President so that the process could have been more I don't know, comprehensive when they did this investigation, so that at least people would have known about this and it wouldn't have had to play out on national T.V. like it did. How come it didn't?
SWALWELL: Yes, I hear that concern. And I'll just say this, as someone who worked with sexual assault victims as a prosecutor, every victim comes forward or doesn't come forward at all in a different manner. And I guess I was just --
REGAN: But she did come forward. She didn't want to be exposed. She didn't want her identity leaked. She came forward and it was Dianne Feinstein who knew about this. It was her own congresswoman who knew about this. And let's not forget, Congressman, she tried to alert people right? She alerted the Washington Post. She alerted her Congresswoman's office. She sent a letter. She called. She finally spoke to the receptionist. She was trying to get the word out behind the scenes and nobody cared, not until he was named.
SWALWELL: Yes, well, people certainly cared but I would say this. Would you prefer that she never had come forward at all if this was true? I mean, she came forward and once she did, the past is the past and we should take her allegation seriously.
REGAN: Well, you can understand why the Republicans aren't trusting you guys though, right?
SWALWELL: Well, but I would also say this and I've made -- I've made this argument to many juries and you never want to be the defendant on the other side of it. What are the chances that this woman and two other women who have never met each other would come forward with similar allegations? I mean, that's just, it's very unlikely. I mean, it could -- it could be that he is unluckiest person in the world but we certainly should look into it.
(CROSSTALK)
REGAN: Well, I don't know -- I don't what it could be. Hey, anything, right? We start speculating like that it gets--
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SWALWELL: That's why we investigate. That is why we investigate.
REGAN: But I want to ask you about this. Because Kamala Harris had basically washed her hands of the whole situation. And I want your reaction. Let's play it for the viewers.
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SEN. KAMALA HARRIS, D-CALIFORNIA: This is a sham what is going on in there right now. Democrats are not heard. They are pushing through this process. And frankly, the statements yesterday were about bullying the fellow senators. And from top to bottom, this has been about bullies.
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REGAN: I should point out that she did storm out of the session. She was done. She washed her hands of it and she was done and she got out there and she fed that information to the reporters and the cameras.
I would also point out, Congressman, that yesterday, she didn't leave a whole lot of time for Dr. Ford to talk. She just spoke and spoke and spoke about how awful this was and how she believed her and, you know, somehow it's the president's fault. It was grandstanding in a way that frankly was not beneficial to anyone including her. But why is the party like that now?
SWALWELL: Well, Trish, come on, I come from the same district attorney's office. I will say I would have been pretty upset, too. Because right before she walked out they moved to subpoena Mark Judge, the alibi witness for Judge Kavanaugh.
And I don't understand why you wouldn't want to hear from that person and put him under oath just as you put Dr. Ford under oath. Again, I will just say this, Trish. Twenty seven years ago when Anita Hill came forward most people agree that was a disgrace. But 20 witnesses were heard at that hearing. We have actually gone backward when only two witnesses are going to be heard and they are going to put forward the nomination without considering any other evidence.
REGAN: So you think he is lying?
SWALWELL: I wouldn't hire him but I would certainly look more into this.
REGAN: I'm sorry, you wouldn't hire him?
SWALWELL: This is a job interview. Yes, this is a job interview. They are advising and consenting and they're essentially hiring or not hiring Judge Kavanaugh. I'm not determining whether he did this or not. I would just say with this is not the corroboration--
(CROSSTALK)
REGAN: Nor am I. But do you think it's fair that 36 years after something happens that someone's entire career could potentially be destroyed because of some allegations which nobody has any proof over?
SWALWELL: I think the fairest thing for Judge Kavanaugh would be that he took the bench having his name cleared by a thorough FBI investigation. He deserves that.
REGAN: Thank you, congressman.
SWALWELL: My pleasure.
REGAN: Good to talk to you.
SWALWELL: You too.
REGAN: Coming up, everyone, is the DNC, yes, the DNC is the DNC actually ready to say sayonara to Nancy Pelosi? This is real news, folks. And Sean Spicer is here to react to it. We'll see him next.
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REGAN: Nancy Pelosi's fate appears to be in jeopardy. Now the head of the Democratic Party, Tom Perez, dancing questions on why he and the DNC will not endorse the California congresswoman to be the next house speaker if the Democrats win House majority status in the upcoming midterms. Watch.
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TOM PEREZ, CHAIR, DEMOCRATIC NATIONAL COMMITTEE: What I said was it will be up to the House majority--
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UNIDENTIFIED MALE: But you've made -- you have made endorsements in races before you've endorsed the New York governor's race. Like are you not, you're not going to endorse Nancy Pelosi?
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PEREZ: I am so appreciative of Nancy Pelosi and what she has done for the Democratic Party. So I don't have a vote in that race.
UNIDENTIFIED MALE: But you didn't vote in New York and you endorsed in that race?
PEREZ: Well, and I haven't endorsed in any other race, OK? This is a race that is going to be up to the House Democrats in the aftermath. And I hope it will be the House majority Democrats.
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REGAN: All right. Joining me right now is Sean Spicer, former White House press secretary and now senior adviser and the spokesman for America First Action. He's also the author of the new book "The Briefing." Sean, good to see you.
SEAN SPICER, FORMER UNITED STATES WHITE HOUSE PRESS SECRETARY: Good to see you, Trish. Happy Friday.
REGAN: Happy Friday. It seems like Tom Perez is doing everything he could not to say yes, I'll endorse her. We heard a lot of excuses and a lot of reasons but what do you think the real reason why so many Democrats are running away from Nancy Pelosi right now?
SPICER: Look, you are right. This should be a no-brainer. If you are the chair of the DNC you should say I totally support Nancy Pelosi, she has done all this great stuff. And second, I am 100 percent confident that the Democrats will take over the House.
He did neither. And I think that was telling on both counts. I think that speaks to the fact that -- I mean, the idea that Nancy Pelosi from San Francisco isn't progressive enough for the Democratic Party right now and they believe that their ideas are old, and tired, and worn out and not the future of their party speaks volumes for what Tom Perez sees in his own party.
But I also found it very illuminating that when given the opportunity he says he hopes that they take over the House. If you are the chair of the DNC or frankly the chair of the RNC you are supposed to be out there expressing unbelievable confidence in your party's ability to either win or maintain a majority. He did neither.
(CROSSTALK)
REGAN: Maybe he is not good at his job. I think what's interesting here is what you are saying, in other words, they think that she is not the future of the party. I mean, I got to say, like, they might be on to something, right?
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SPICER: Well, it's interesting, I think--
REGAN: I mean, she is talking about how $1,000 is crumbs, yes, she may not have that big future of the party.
SPICER: Yes. I think that look, they recognize the fact that they have gone down this road before and she has taken them, you know, off, out of the majority, multiple times. She is the single greatest gift that the Republican Party has right now. All you have to do to remind people--
(CROSSTALK)
REGAN: They're going to miss her.
SPICER: No, I won't! I'm a big fan of Nancy Pelosi staying in Congress for years to come. She is a great gift for us because I think it's very, very symbolic of what the Democratic Party stands for. Once we explain to people that she would be the speaker, we make that race a binary choice.
America First is out there running ads around the country and supporting candidates that make it very clear that they are going to support President Trump's policies and agenda. And then if we lose the majority, it's Nancy Pelosi and Adam Schiff and Maxine Waters who are going to start taking over the House of Representatives.
And that is a vastly different agenda than Donald Trump and the House Republicans are passing right now, that's benefiting so many Americans from coast to coast.
REGAN: Isn't that true? So, how does Kavanaugh affect all this? How does Kavanaugh affect midterms? How does Kavanaugh affect the future of the Republican Party and the future of this president?
SPICER: That's a very interesting question. I think from a purely political standpoint there's no question that both sides have dug in see this as a very polarizing issue for the side. One that's galvanizing support from right to left.
I think the interesting thing that I find fascinating in terms of the coverage is for all these folks on the left and you saw, you know, not a single question in that clip asked of Tom Perez.
The deputy chair of the DNC Ellison from Minnesota facing very similar charges and all of these folks from the Democratic and the left side have yet to mention the allegations that are leveled against him and why he is still the deputy chair of the DNC.
That is something that I think should be asked of every Democrat and leadership and in rank and file. That if they are going to take this position with respect to Kavanaugh and the accuser, then why isn't it good for their own?
REGAN: And don't forget, it was feminists who backed Bill Clinton when he took advantage of that young woman working as his intern. I mean, the double standard in all of this, Sean, can get kind of--
(CROSSTALK)
SPICER: Well, you know, that was just one of several. And again, look, obviously in everyone of this case there is a presumption of innocence.
But I think if when you look back again, if you are going to talk about the left and the politicalization of what the left is done, then there are serious questions that need to get asked both of Keith Ellison, the deputy chair of DNC, of Bill Clinton and others on the left who have credible allegation against them as well.
And so, it's fascinating I think to see how it's very one-sided in these charges.
REGAN: Sure.
(CROSSTALK)
SPICER: I think all of these women need to be--
REGAN: Politics as usual. All right, Sean.
SPICER: Women need to be taken seriously and credibly.
REGAN: Yes.
SPICER: And I think all of them. Not just on one side.
REGAN: It's good to see you, sir. Thank you.
SPICER: Take care.
REGAN: All right. Coming up next, everyone. Did Hillary Clinton ruin Murphy Brown's comeback or is this a terrible dumb idea from the very start? The ratings are in. And our ladies' night panel cannot wait to respond. Keep it here.
(BEGIN VIDEO CLIP)
HILLARY CLINTON, D-FORMER U.S. SECRETARY OF STATE: E-mails. I do have some experience with emails.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
REGAN: A Fox News alert. Your Facebook account could have been hacked. Tonight, the social networking site is dealing with a massive security breach affecting 50 million users.
Trace Gallagher is live on our west coast newsroom with the late-breaking details. Hey, Trace.
TRACE GALLAGHER, FOX NEWS CORRESPONDENT: Hey, Trish. Facebook says the hackers got access to the system by exploiting the view as feature. That's what you click on when you want to see how your profile looks to the general public.
And once the hackers got into view as, it allowed them to steal Facebook access tokens. Those are digital keys that keep you logged in so you don't have to re-enter your password every time you use Facebook. The access tokens were then used to take over people's accounts. Fifty million of them as you said.
The company says passwords and credit card information was not stolen. But things like names and gender, hometowns were taken.
And here is the big headline. The hack gave the attackers full control of the accounts. Meaning if they took over your account they could send messages, post pictures and notices as if they were you.
Today, Facebook held a couple of news conference calls trying to tamp this down with CEO Mark Zuckerberg acknowledging there is work to be done. Quoting, "We are continuing to improve our defenses and I think that this also underscores that there are just constant attacks from people who are trying to take over accounts or steal information from people in our community."
Zuckerberg went on to say, "There is no indication of who is behind the attack or whether it could be state sponsored."
Remember, earlier in year, Facebook was hacked by Cambridge Analytica. A political sonsulting firm that stole raw data from 87 million Facebook users after that attack Zuckerberg was called before Congress. This time around Facebook says it's working with the FBI and working on better securing its site.
We should note that along with the 50 million users who were hacked, Facebook has also reset access codes to an additional 40 million users. So in all, 90 million people will have to log back in to their accounts before using them. Trish?
REGAN: All right. I hope mine is OK. Trace, thank you very much. And yours, too. Still ahead, Joy Behar's latest outlandish outburst, well, it hits a new low.
(BEGIN VIDEO CLIP)
JOY BEHAR, HOST, ABC: So, it's almost like they worry that all white people are going to lose all of their power. So they don't care if she is lying or she's not lying or he is not lying. They just want to hold on to their power.
(END VIDEO CLIP)
REGAN: Our ladies night panel, they are here and they are going to respond to it all, next.
(COMMERCIAL BREAK)
REGAN: Back to the top story. President Trump ordering the FBI to launch a new investigation in to Judge Kavanaugh's accusations delaying a Senate confirmation vote for at least a week.
But Joy Behar thinks Republicans are trying to jam this thing through and has, well, a rather outlandish theory on this one. I want you to listen.
(BEGIN VIDEO CLIP)
BEHAR: The people on the Republican side it looks like to me, do not want to investigate this any further. They just want to hold on to their power. So it's almost like they are worried that all white people are going to lose all their power, so they don't care if she is lying or she's not lying or he's lying. They just want to hold on to their power. These people who are only interested in retaining white power in this country.
(END VIDEO CLIP)
REGAN: Here for ladies' night. Ladies night on Friday. All right. We got Rachel Campos-Duffy, Susan Li, and Rochelle Ritchie. Good to see all of you, guys. All right, I want to hear from all of you. What is she talking about there? Does she--
(CROSSTALK)
RACHEL CAMPOS-DUFFY, FOX NEWS CONTRIBUTOR: I have no idea.
REGAN: Literally left field. Right?
CAMPOS-DUFFY: White power? I assume she is talking about the Republicans. I don't think she realizes there are a lot of people who are Hispanic like myself, there is a lot of diversity within the party. And by the way, Republicans don't think that much about racial profiling of our party. We think about ideas.
And so, look this is -- this hearing for a lot of Republicans was about the presumption of innocence. Retain that's our constitutional rights. And this was not about holding on to power. And by the way, the election was won by the Republicans. It is the president's purview to put his nominee in place.
REGAN: Susan, I don't know if identity politics has work for the Democrats. I think it would be prudent for them to start moving in another direction where they are more inclusive instead of trying to divide everyone.
SUSAN LI, FOX NEWS CORRESPONDENT: I'll tell you my experience as minority female race didn't even enter my mind when I was listening to the testimony yesterday. It was a man's story, a woman's story and trying to find truth in between.
So taking that sort of segue that's a lot of privilege to make that sort of connect when it's race to a Supreme Court nominee.
REGAN: Do you think it was male/female or it was somehow was--
ROCHELLE RITCHIE, DEMOCRATIC STRATEGIST: I definitely agree. This is my first time hearing this from Joy Behar so I'm very surprised to hear that. But I feel the way as Susan.
I did not see a black/white issue yesterday. What I saw is an assault victim and it's really unfortunate this crime, this very intimate personal, hurtful crime has been used as a political football. And it's very frustrating for me.
I'm tired. I'm drained. It's been emotionally, it's been emotions just spiking across both sides of the aisle. I think a lot of people are feeling it. I mean, we were talking about it in the green room.
LI: We were.
RITCHIE: And it's draining.
REGAN: We all, I mean, last night, I felt sad. I felt sad for everyone. I felt sad for the country. I think you all felt the same. Everyone I talked to felt that way.
(CROSSTALK)
LI: I think a lot of people felt angry, too, though, Trish. A lot of people were angry.
CAMPOS-DUFFY: Frustrated and angry.
REGAN: Yes.
CAMPOS-DUFFY: That this woman did not have to go through the process and nor did Brett Kavanaugh had Senator Feinstein not withheld this information--
(CROSSTALK)
RITCHIE: And I think--
CAMPOS-DUFFY: -- for the FBI.
RITCHIE: Sorry to interrupt you, Rachel. But I think -- I think that is exactly the issue. People need to be upset about the process. This should have been brought forward immediately.
REGAN: I totally agree.
RITCHIE: And they did not -- everyone is arguing, she wanted it to be, you know, confidential. She could have been.
REGAN: I agree.
RITCHIE: They could have had these meetings behind closed doors and protected her identity.
REGAN: Instead they -- you know, if she was victimized back in 1982 she just got victimized all over again by the Democratic Party who used her as a pawn in all of this. I regret that for her and the country and for him.
Let me turn to -- did you ever watch Murphy Brown?
LI: I used to watch it all the time. I actually really liked it back then.
REGAN: So they are trying to reboot it. It debuted and well, they chose to have Hillary Clinton on. Let's say, it didn't do so well. Let's play a clip.
(BEGIN VIDEO CLIP)
CLINTON: For four years I was a secretary. I was a secretary of a very large organization.
UNIDENTIFIED FEMALE: And you have all the requisite skills, computer, email--
(CROSSTALK)
CLINTON: E-mail. I do have some experience with e-mails.
(END VIDEO CLIP)
REGAN: Yes, just a little. Are you surprised that this bombed in the ratings at all, Rachel?
LI: It felt staged to me. Don't you think? It's like a reboot and reboot and a reboot.
REGAN: But it worked for Roseanne, right?
CAMPOS-DUFFY: It did.
LI: But that is '90s. It's like bring in some fresh faces and bring in some minority faces. That's what I--
RITCHIE: Well, one, I never watched Murphy Brown. I had no idea that it was back on television. I can tell you that, you know, although I did support Hillary Clinton I will be very happy when I no longer have to hear her name associated with e-mails ever again. Like, let's just stop it.
CAMPOS-DUFFY: I would say one, on the one hand, laughing about e-mails that jeopardize people's lives is not funny.
LI: Yes.
CAMPOS-DUFFY: On the other hand, she is human. And look, this election was hard on her. And she can finally I think laugh about it. That's progress. That's progress. And it was worth it.
(CROSSTALK)
REGAN: I want you to say why they felt like they had to make this show. They interviewed some of the actress including Candice Bergen. And she just felt compelled. She had to do the show again. Here's why.
(BEGIN VIDEO CLIP)
CANDICE BERGEN, ACTRESS: We had to do something. Get the old gang together. Take on this crazy new world of alternative facts and fake news. It's our civic duty.
(BEGIN VIDEO CLIP)
(CROSSTALK)
REGAN: Maybe dying Murphy Brown there. But you know, the civic duty. We're back to that. Fake news.
LI: That's why the show is not doing well, by the way.
CAMPOS-DUFFY: When you come -- when you do a comedy show with that kind of objective, it just ceases to not be funny. Because half of the country is on the other side.
LI: And I wonder how Hillary Clinton would feel knowing that Obama is her dream guest star not Hillary Clinton.
RITCHIE: I think she might be OK with it. I think she might be OK, as long as it's not Donald Trump, I think she's fine.
REGAN: I just think it's really interesting that it did not do well, yet we saw such a huge response from America for Roseanne. So, not Murphy Brown but Roseanne. Maybe that gives you a sense of where people really are.
RITCHIE: Even though the media tries to outthink it all.
CAMPOS-DUFFY: I just wish we could go back to making sitcoms funny and not political.
REGAN: That would be nice.
(CROSSTALK)
CAMPOS-DUFFY: Wouldn't that be nice. Yes, I do too. It's making (Inaudible).
REGAN: It's good to see you, guys.
CAMPOS-DUFFY: Thank you.
REGAN: And I'm going to see you tomorrow on "Fox & Friends."
CAMPOS-DUFFY: On "Fox & Friends." All right.
REGAN: And you back on Fox.
CAMPOS-DUFFY: And you all over the place.
LI: That's right.
REGAN: Thank you so much. That is "The Story" for this week, everyone. Martha is back with you right here on Monday. Meanwhile, I guess news. Mark your calendars. Starting October 15, I'm moving to primetime on the Fox Business Network. You can catch "Trish Regan Primetime," that would be me. Weekdays at 9 p.m. on FBN right after Lou Dobbs.
And until then you'll see me every day on "The Intelligence Report" at 2 p.m. Eastern. Have a terrific weekend, everyone. Big news week up ahead. In the meantime, Tucker is next.
END
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