Brit Hume on political danger of Democrats’ aggressive criticism of Judge Barrett

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Brit Hume on political danger of Democrats’ aggressive criticism of Judge Barrett

Fox News senior political analyst Brit Hume joins 'Special Report' to weigh in on Democrats' attacks on Supreme Court nominee Amy Coney Barrett.

This is a rush transcript from “Special Report” September 28, 2020. This copy may not be in its final form and may be updated.

Good evening, I'm Bret Baier.

We are coming to you tonight live for the first time from inside the debate hall at the Sheila and Eric Samson Pavilion on the campus of the Cleveland Clinic at Case Western Reserve University. This is the site of tomorrow night's first presidential debate between President Trump and Democratic nominee Joe Biden.

Breaking tonight, it's been called -- being called a game changer at the White House. President Trump announcing the deployment of 150 million new rapid point of care tests across the country.

President also dealing with a bombshell report about his tax history as he prepares for the debate here coming up in 27 hours. We will have extensive coverage of the run up to this event throughout SPECIAL REPORT tonight.

Let's begin though with chief White House correspondent John Roberts live here in Cleveland. Good evening, John.

JOHN ROBERTS, FOX NEWS CHANNEL CHIEF WHITE HOUSE CORRESPONDENT: Bret, good evening to you. Given this stakes in this election and the partisan divide in the United States, this will likely count as one of the most important debates in history, a chance for undecided voters to finally see President Trump and Joe Biden side by side on the same stage and take the measure of the candidates.

(BEGIN VIDEOTAPE)

ROBERTS: With the pandemic expected to be a top issue in tomorrow night's debate, President Trump today use the bully pulpit of the presidency to get a leg up on his opponent in the Rose Garden taking new steps to deploy rapid coronavirus tests.

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: 50 million tests will go to protect the most vulnerable communities.

ROBERTS: The President announcing the federal government will be sending at no charge 10s of millions of tests to states with a recommendation they be used to test teachers and students to help get schools open.

TRUMP: The support my administration is providing would allow every state to on a very regular basis test every teacher who needs it.

ROBERTS: President Trump did not take any questions in the Rose Garden, which would have certainly focused on an explosive report in the New York Times about the President's taxes.

The Times writing that in 10 to the last 15 years, the president paid no federal income tax. And in 2016 and 2017, he paid only $750.

At a briefing yesterday, the president dismissing the report.

TRUMP: It's fake news. It's totally fake news.

ROBERTS: The Times claims to have obtained thousands of pages of data that went into the president's tax returns. President Trump pushing back today tweeting that he was being attacked with illegally obtained information and only bad intent. Adding, I paid many millions of dollars in taxes, but was entitled like everyone else to depreciation and tax credits.

While the Times says it paints a far different picture of President Trump's finances than what he has suggested, there is no indication of any wrongdoing. And the reporting does back up the president's assertions he first made four years ago that his taxes are indeed under audit.

TRUMP: I don't mind releasing. I'm under a routine audit and it will be released and as soon as the audits finished.

ROBERTS: The reaction from Democrats today indicated the issue will likely come up in tomorrow's debate.

In a statement, House Speaker Nancy Pelosi saying it is a sign of President Trump's disdain for America's working families that he has spent years abusing the tax code while passing a GOP tax scam for the rich that gives

83 percent of the benefits to the wealthiest one percent.

President Trump has been doing some debate prep with former New Jersey Governor Chris Christie and Rudy Giuliani, who both helped him prepare in 2016.

The President again pushing the unfounded notion that Joe Biden may be using drugs to help boost his mental acuity, repeating his demand, they both submit to a drug test.

After Biden dismissed the idea of a drug test, President Trump tweeting, Joe Biden just announced that he will not agree to a drug test. Gee, I wonder why.

(END VIDEOTAPE)

ROBERTS: Over the past several months, President Trump has ultimately tried to lower and then raise the bar on expectations for Joe Biden. For his part, Biden tomorrow night will try to poke holes in the president's competence. And almost surely will use this new tax return issue as a way of portraying President Trump as not the champion of the middle class he claims to be, Bret.

BAIER: More on this with the panel in just a bit, John, thank you. We will talk live with Vice President Mike Pence about the debate during tomorrow's SPECIAL REPORT 6:00 Eastern.

The Biden campaign meantime wasting no time in trying to capitalize on the tech story. And it gives Biden another arrow in his quiver as he prepares for tomorrow night's debate right here. Correspondent Peter Doocy reports also from Cleveland.

(BEGIN VIDEOTAPE)

PETER DOOCY, FOX NEWS CHANNEL CORRESPONDENT: Joe Biden says tomorrow he's going to do something.

JOE BIDEN (D), PRESIDENTIAL CANDIDATE: Just tell the truth.

DOOCY: That the opponent in his last one on one debate that was a problem.

BIDEN: Look, here's the deal --

SEN. BERNIE SANDERS (D-VT): You're an honest guy, why won't you just tell the truth here? We all make mistakes.

BIDEN: And I am telling the truth.

DOOCY: Six months later, Biden is bracing himself for Trump.

BIDEN: My guess is it's going to be a straight attack. They're going to be mostly personal.

DOOCY: A hint of what's coming when Biden goes on offense, this online ad, comparing blue collar income tax bills with Trump's.

The Democratic nominee had no public events today and hasn't visited a swing state since last Wednesday's trip to North Carolina. We're running mate Kamala Harris just stopped.

SEN. KAMALA HARRIS (D-CA), VICE PRESIDENTIAL NOMINEE: President Trump and his party and Judge Barrett will overturn the Affordable Care Act, and they won't stop there.

DOOCY: Her Senate office and the campaign are keeping quiet about whether or not Harris will meet with Amy Coney Barrett, as Joe Biden implores Senate Republicans to wait and let the elections winner fill the vacant Ginsburg seat.

BIDEN: The voters in my view are not going to stand for this abuse of power.

DOOCY: Biden won't consent to the performance enhancing drug test, President Trump is calling for. An official explains Vice President Biden intends to deliver his debate answers in words. If the President thinks his best case is made in urine he can have at it.

And he's going to try to stay in his own lane, ignoring news update questions about things like court packing.

BIDEN: What I'm not going to do is play the Trump game, which is a good game he plays.

DOOCY: He doesn't have to play the game of the candidate who gave him the hardest time during the primaries either, his running mate.

UNIDENTIFIED FEMALE: Who threw the best shade during the Democratic primary debates? You got to pick one.

HARRIS: Beside myself.

(END VIDEOTAPE)

DOOCY: Today, Harris also tried to refer to the late Justice Ginsburg as the notorious RBG but she slipped and referred instead to the late rapper, Notorious B.I.G. It sounds like a gaffe.

But the rapper, and tomorrow night's moderator share the same name, Christopher Wallace. So maybe she just had debate on the brain, Bret.

BAIER: Wow. There you go, fun facts from Peter. Thank you.

White House officials are describing the campaign to confirm Judge Amy Coney Barrett to the U.S. Supreme Court in aggressive terms. Correspondent David Spunt reports tonight on the coming political battle over the president's nominee.

(BEGIN VIDEOTAPE)

TRUMP: I further urge all members of the other side of the aisle to provide Judge Barrett with a respectful and dignified hearing that she deserves.

And frankly, that our country deserves.

DAVID SPUNT, FOX NEWS CHANNEL CORRESPONDENT: A request from the President of the United States to Senate Democrats. A group loudly sounding the alarm.

SEN. CHUCK SCHUMER (D-NY): I believe, first, that the whole process has been illegitimate. I will not meet with her.

SPUNT: Senate Democratic sources tell Fox News, they plan to grill Barrett on executive power with respect to the president, election integrity and health care.

One week after the election, the Supreme Court justices potentially with Barrett on the bench will hear arguments about the future of the Affordable Care Act.

In the past, Barrett criticized the ACA, slamming fellow conservative Chief Justice John Roberts. Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute, she wrote in 2017.

Republicans are moving at a rapid clip to get buried seated on the nation's highest court. Judiciary Chairman Lindsey Graham will meet with Barrett Tuesday and plans to begin her hearings October 12. Two weeks from today.

SEN. LINDSEY GRAHAM (R-SC): More than half of the Supreme Court justices who've had hearings were done within 16 days or less.

SPUNT: And Graham has the full backing of the White House where staffers are mounting an aggressive strategy to get Barrett confirmed.

White House Counsel Pat Cipollone and Chief of Staff Mark Meadows are expected to help Barrett navigate her way through the confirmation process on the Hill, leaving Democrats with few options.

SEN. DICK DURBIN (D-IL): We can slow it down perhaps a matter of hours, maybe days at the most. But we can't stop the outcome.

(END VIDEOTAPE)

SPUNT: The President hopes to have Barrett on the bench before the election, as any election disputes could end up at the front door of this building behind me. The Supreme Court begins its fall term one week from today, Bret.

BAIER: David Spunt outside of the Supreme Court. David, thank you. Let's bring our expanded panel early. Fox News senior political analyst Brit Hume. Former Tennessee Congressman Harold Ford, Jr., currently the chairman of RX Saver. Kimberley Strassel, a member of the editorial board at the Wall Street Journal, and Chris Stirewalt, politics editor here at Fox News.

Brit, I want to start with the confirmation process. Is there political danger in Democrats not meeting with Judge Barrett, perhaps if Kamala Harris doesn't meet with her?

BRIT HUME, FOX NEWS CHANNEL SENIOR POLITICAL ANALYST: I don't know that there's that. I think the only danger I can see to Democrats is if they are so aggressive in their questioning of her or their approach to her and their criticism of her, that it seems that she's being unfairly treated.

If they are so aggressive in their questioning of her or their approach to her and their criticism of her that it seems that she's being unfairly treated. There was a great deal of outrage in the country about it, about the treatment of Brett Kavanaugh when he was up for confirmation. And that was as you recall, a bitterly contentious affair. One of the worst such events we've seen in terms of just the level of vitriol it was flown about.

And I think there's probably some Democrats who were wary of that, but make no mistake about it, Brett, if some charge, some issue is discovered that can be used against her. Democrats are going to come after her on it hard, as hard as they can because (INAUDIBLE) Brett Kavanaugh was a nominated to replace a center right -- basically a centrist swing vote on that court.

This is entirely different, Ruth Bader Ginsburg was the captain of the -- of the course liberal wing. And this is a Conservative jurists being appointed to take her place. So, the resistance to her, if they can find a way to do it, is likely to be just as great if not even greater.

BAIER: Harold, Chris Wallace, one of his topics here at the debate for tomorrow night is the Supreme Court. We've talked about the process. We've talked about the polls where people say that they should wait until the election, but the Republicans are moving forward.

With the political way forward here, it seems like Democrats are going down the ACA road, the Obamacare case that is yet to come.

HAROLD FORD JR., CHAIRMAN, OF RX SAVER: Well, thanks for having me on tonight. I think the ACA road is a smart road to go down. I think asking Judge Barrett who is eminently qualified, there's not been a justice or nominee Supreme Court who hasn't been qualified. In my lifetime, if that matters, I look back through history, there are difference is that people may have with them.

I think for Judge Barrett, her biggest challenge is just the timing. Her qualifications are unquestioned. Now, she should be as very direct and probing questions about where she stands on COVID insurance for small business owners, she should be as very serious and direct courses about where she stands about privacy for small business owners. And for that matter, middle class consumers, the middle-class homeowners. She should be asked about reproductive rights. But I think Democrats should take the time to meet with her, should take the time to understand.

And I do agree with Brit, and he in a big, big regard. If something explosive or something we don't know emerges, she will have to answer those questions and I might add rightly so. And she likely we'll be able to answer them. But I know the White House is probably hoping it doesn't emerge because that would push this nomination or at least consideration for vote pass Election Day.

BAIER: All right, Chris Stirewalt, the other story that's getting a lot of traction is the New York Times. They came out obviously two days before this debate, long concealed record show Trump's chronic losses and years of tax avoidance. Here is Donald Trump as a candidate and Donald Trump now on the issue of taxes, take a listen.

(BEGIN VIDEO CLIP)

HILLARY CLINTON, FORMER DEMOCRATIC PRESIDENTIAL CANDIDATE: These paid nothing in federal taxes because the only years that anybody's ever seen, were a couple of years when he had to turn them over to state authorities when he was trying to get a casino license and they showed, he didn't pay any federal income tax. So --

TRUMP: That makes me smart.

UNIDENTIFIED MALE: There's a New York Times story that came out about an hour ago that says that when you came to the White House, you were paying about $750 a year in federal income tax.

TRUMP: Totally fake news. No, actually, I paid tax but -- and you'll see that as soon as my tax returns. It's under audit.

(END VIDEO CLIP)

BAIER: One of the things that the story pointed out is that it is in fact under audit. Chris, it's going to come up at the debate tomorrow night, your thoughts on this story and how it plays.

CHRIS STIREWALT, FOX NEWS CHANNEL POLITICS EDITOR: It's not just under audit, the Times says the $100 million is on the line for Trump. It could be a bank breaker for him according to the story.

Trump's in a difficult position because on the one hand, he says totally fake news. But also, then he has to say it was illegally gotten. And it can't be both illegally gotten and fake, I don't think.

So, that's a pickle and certainly Joe Biden is going to love having a specific number. You think about the challenge where Hillary Clinton, he's paying virtually nothing. He's paying no taxes. $750 is a concrete number, the Biden campaign moving to that ad, moving to those stickers, embracing that concept, puts a number on it.

But I got to tell you, I cannot imagine that there were very many voters who would see this or understand these receive reporting about it, and have their minds changed.

Four years ago, Donald Trump was an unknown commodity in a lot of ways.

He's a known commodity in every way now and I just don't see this as moving a lot of votes.

BAIER: Kimberly?

KIMBERLEY STRASSEL, MEMBER OF THE EDITORIAL BOARD, WALL STREET JOURNAL:

Well, look, here's one of my problems with that Times story. I mean, I've been a big fan of Donald Trump putting out his records. But this has been a bit of a journalistic mess.

I mean, part of it is context to somebody who looks at things like this, the Times said they had all of these records. Why don't you just put out a chart that explains exactly what he paid each year, instead of -- you know, a paragraph with a number here and a number there, which seems designed to paint a very grim picture, but doesn't give you the full context.

And there's also just a lot of financial illiteracy in it as well and that

-- you know, there's moments where they conflate revenue and income, there's times when they talk about tax avoidance when it's actually tax compliance.

The problem I have with this is I didn't really get that good of a picture in the end about what this actually says about Donald Trump's taxes. So, it makes a lot of headlines, but I'm not sure we have the real story here.

BAIER: Brit, today, the president said that not only are they getting out a

150 million point of care tests, the 15 minute tests, but he says there are four vaccines now in the final trials, and once the FDA gives the green light they within 24 hours are going to put out millions of vials of vaccine. Does that help in his case before this debate tomorrow on coronavirus, which Joe Biden is definitely going to attack him on?

HUME: Well, it certainly would help if the -- if there was a vaccine out there and people were getting it. It would help if these -- you know, point of care tests were widely distributed and people were able quickly to be tested in a way that wasn't terribly uncomfortable and where the results didn't take ages to come back. All that's gotten better, I know.

The President has a kind of a defensible case on his handling of the coronavirus pandemic, but his handling of it, his articulation of his case.

You know, going back to all those news conferences where he was kind of all over the place and full of braggadocio about all the things he was doing, I don't think went over very well, which accounts I think for the fact that people don't think he's done a good job on this. And it's a big issue and is going to remain one at least through the election. And he's got to deal with that. And I guess he's -- you know, these announcements he's making, he's trying his best. It would help him if some of these things were actually out there on the ground and people were feeling it.

BAIER: Yes, we've got 20 seconds Herald, final thoughts.

FORD JR.: Look, tomorrow night, Chris Wallace who I understand now is also has a name that Biggie Smalls had from young Mr. Doocy. (INAUDIBLE) I think will help frame the weight of that public digest things and I think the candidate that first is able to identify and articulate a vision for economic future and a health future will be the one that emerges as the victor tomorrow. Be a lot to watch, and a lot to digest.

BAIER: And a little known fact, Notorious B.I.G., an inductee to the Rock and Roll Hall of Fame here in Cleveland this year. OK panelist, we'll see a bit later.

Up next, the trouble between two members of the President's Coronavirus Task Force. As we head to break and throughout the show, we will take you around Cleveland, we start by looking at a local sandwich shop frequented by local and national politicians.

(BEGIN VIDEOTAPE)

BAIER: Slyman's Restaurant has been here in Cleveland since 1964, known for its massive corned beef sandwiches. And they've had politicians from both sides of the aisle, come through this door.

You had George W. Bush, Vice President Biden. It's kind of an establishment for the corned beef industry?

WASSIM MAHFOUZ, GENERAL MANAGER, SLYMAN'S RESTAURANT: It's a blessing to have different famous people. I mean, the highest office in the whole -- in the country come here and have a sandwich. Bush was here. Biden was here. I mean, that's great. We're very blessed.

BAIER: What's the biggest concern for you as a business right now?

MAHFOUZ: We're just hoping the economy gets better, the virus goes away and things get back to normal. We're open inside and have people come back with their normal life to go back to normal.

BAIER: I mean, you're still working hard. I see these lines out here.

MAHFOUZ: Yes, just our business is less than before due to the fact -- you know, the virus and all that stuff. So, we're still blessed was supposed to be better. It could be all better. Just do our business. You know, butter and bread, and go home and take care of our families.

BAIER: SPECIAL REPORT from Cleveland continues after this.

(END VIDEOTAPE)

BAIER: Welcome back inside the debate hall. Florida police and campaign officials say President Trump's former campaign manager Brad Parscale has been hospitalized after he threatened to harm himself. Police officers say they talked to Parscale out of his Fort Lauderdale home Sunday.

As you can see in this video, they eventually forcibly taken to the ground after his wife called police to say that he had multiple firearms and was threatening to hurt himself.

Parscale was demoted from the campaign's manager post in July. He remained part of the campaign helping to run its digital operation.

Stocks jumped today following the first four week losing streak in more than a year. The Dow gaining 410, the S&P 500 rose 53. The NASDAQ finished ahead 200 for today.

As we told you earlier, President Trump is launching an initiative to get rapid coronavirus tests to schools and nursing homes among other places around the country. Today's briefing came amid a flurry of COVID news, including a first positive test among National Football League players and the ongoing disputes over whether students should be in the classroom or learn it from home. Correspondent Jonathan Serrie has tonight's wrap up from the CDC home of Atlanta.

(BEGIN VIDEOTAPE)

ADM. BRETT GIROIR, U.S. PUBLIC HEALTH SERVICE: One, two, three, four, five.

JONATHAN SERRIE, FOX NEWS CHANNEL CORRESPONDENT: It was show and tell in the White House Rose Garden with Admiral Brett Giroir demonstrating how the new coronavirus tests going out beginning this week will reduce result wait times that once took days.

GIROIR: And you wait 15 minutes and that is the test. It really could not be easier than this.

SERRIE: NBC News reports it overheard CDC Director Robert Redfield on a commercial plane phone a colleague to express concern that new Coronavirus Taskforce Member Dr. Scott Atlas was giving the president misleading information on a range of issues.

The CDC says NBC heard only one side of the private conversation, but acknowledged in a written statement. Positions on three issues, the value of wearing a mask, youth COVID-19 infections, and where we are currently with herd immunity are the positions that Dr. Redfield has different positions on than Dr. Atlas. The doctors agree on many other issues.

Dr. Atlas fired back at criticism telling Fox News, the way I advise the president is perfectly consistent with the most appropriate strategy for dealing with this pandemic.

With the U.S. reporting more than 40,000 new cases per day, the nation is far from Dr. Anthony Fauci's goal of reducing the figure to 10,000 before cold weather drives more people indoors.

DR. ANTHONY FAUCI, DIRECTOR, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

DISEASES: We're not in a good place with regards to what I had said back then, because as we get into the fall and the winter, you really want the level of community spread to be as low as you possibly get it.

SERRIE: After two delays, New York City schools plan to resume in-person classes this week. Florida's education commissioner has ordered Miami Dade County Public Schools to reopen by October 5th. overruling the local school board's plans to postpone in-person learning until the 21st.

(END VIDEOTAPE)

SERRIE: And Atlanta Falcons cornerback A.J. Terrell was placed on the reserved COVID-19 list after he reportedly tested positive. He is the first NFL player to miss a game this season because of the coronavirus, Bret.

BAIER: Jonathan Serrie in Atlanta. Jonathan, thank you.

Up next, why the verification of mail-in voting will be so different from place to place around the country, we'll explain.

First, here's what some of our Fox affiliates around the country are covering tonight. WDRB in Louisville as former Louisville Metro Police Detective Brett Hankison pleads not guilty to three counts of wanton endangerment. A grand jury indicted him -- you may remember, for firing into the home of Breonna Taylor's neighbors. Hankison was one of three undercover narcotics detectives involved in the raid that killed Taylor.

The other two have not been charged with any crime.

Q13 Fox in Seattle as the police chief there says unlawful and criminal behavior will not be tolerated. That statement comes after another violent weekend in that city.

Windows smashed at City Hall and the Columbia Tower and rioters left a trail of destruction in other parts of the Seattle downtown area.

And this is a live look at San Francisco from Fox to the big story there tonight. Authorities in Napa County issue additional mandatory evacuations over a fast-moving fire that started early Sunday morning near St. Helena.

There's no containment yet of that inferno that has burned through 11,000 acres. No injuries have been reported. Cal Fire says almost 2300 structures are threatened.

That's tonight's live look outside the Beltway from SPECIAL REPORT. We are outside the Beltway too. And as we had to break, a look at a memorial for the 20th President of the United States.

(BEGIN VIDEO CLIP)

BAIER: Ohio is actually known as the mother of presidents. Why is that?

Because seven presidents were actually born in this state, Grant, Hayes, Garfield, Harrison, Taft, McKinley and Harding.

This is Lake View Cemetery. And this is the memorial for the 20th President of the United States, President Garfield.

He actually only served 100 days in office; he was assassinated in 1881.

But he wanted to be buried back in his home state of Ohio.

SPECIAL REPORT from Cleveland continues after this.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

BAIER:  Less than 27 hours to that stage being active.

A federal appeals court, meantime, saying Wisconsin ballots are due before polls close on Election Day in order for them to count. That ruling overturns a lower court decision allowing state election officials to count ballots received up to six days later as long as they are postmarked by November 3rd. But the issue of when to count mail-in ballots starts well before Election Day. National correspondent William La Jeunesse explains.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE:  We asked for a hardcopy of the registration application so that we could see the signature.

WILLIAM LA JEUNESSE, FOX NEWS NATIONAL CORRESPONDENT:  Verifying mail-in votes -- the problem this year, experts say, is volume.

MATTHEW WEIL, BIPARTISAN POLICY CENTER:  There are a lot of state laws that do not reflect reality.

LA JEUNESSE:  Here's why. It's time-consuming. A ballot arrives -- is the voter registered? The address accurate? Does the signature match the one on file? Envelopes must be sliced open, ballots removed, sorted, put in a box.

It's one thing we just five percent vote by mail, but this year because of COVID, some states expect up to 50 percent, yet many don't even begin counting until election night.

WEIL:  About half of the problems tend to be with the voter signature or the signature of a witness. The earlier states are able to process the ballot and to do signature matching and verification, the more time they will have to get back to those voters who may have made an error.

LA JEUNESSE:  These states begin processing ballots the moment they arrive, allowing for quick reporting. Others begin verification about a week before Election Day. But these states, which include multiple battlegrounds, don't process ballots until Election Day, meaning a final count could take weeks.

WENDY UNDERHILL, NATIONAL STATE LEGISLATURES CONFERENCE:  Early processing does lead to earlier results being released.

LA JEUNESSE:  Reform groups wanted laws amended for early processing. Some states did, others did not.

UNDERHILL:  The phrase my mother would have used is don't change horses in the middle of a stream.

(END VIDEOTAPE)

LA JEUNESSE:  Since many are voting by mail for the first time, also expect a lot of rejected ballots, that means legal fights. So early verification could help. But others argue, or fear, that partisans will release those vote totals early, and that's a different election nightmare. Bret?

BAIER:  Big story to follow. William, thank you.

Republican leaders in Pennsylvania are asking the U.S. Supreme Court to intervene after the state supreme court ruled some ballots can be received and counted in the days after the national election. The GOP is asking for a stay of the state supreme court's decision. Republicans allege the court rewrote the state's law governing federal elections and violated, therefore, the U.S. Constitution.

U.S. Commerce Secretary Wilbur Ross says the 2020 Census will end October 5th despite a federal judge's ruling last week that the head count should continue through the end of October. That's according to a tweet posted on the Census Bureau's website moments ago.

Up next, the panel rejoins me to preview tomorrow's big debate right here.

First, beyond our borders tonight. The administration signals it could close its diplomatic mission in Baghdad if measures are not taken to control rogue armed elements responsible for a recent spate of attacks against U.S. and other interests in Iraq. A U.S. official says a clear warning has been given to both Iraq's president and the prime minister, but that it was not an imminent ultimatum.

Armenian and Azerbaijani forces are fighting over a disputed separatist region. Hostilities broke out Sunday with both sides blaming each other for resuming the deadly attacks. That reportedly also wounded scores of people.

We'll follow that one.

Just some of the other stories beyond our borders tonight. As we had to break, we visit another Cleveland landmark.

(BEGIN VIDEO CLIP)

BAIER:  Have you ever heard that Ohio is the birthplace of rock and roll?

Why is that? Actually, it was a DJ here in Cleveland that started using that term, rock and roll, to describe the new genre of music. Then this became the Rock and Roll Hall of Fame and Museum right here on the shores of Lake Erie. Every year, artists, performers added to the ranks here. This year Notorious B.I.G., Depeche Mode, the Doobie Brothers, and Whitney Houston among the inductees. SPECIAL REPORT rocks on after this.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

DONALD TRUMP, (R) PRESIDENT OF THE UNITED STATES:  I'm willing to take a drug test. I think he should too. People say he was on performance- enhancing drugs. He was OK. I mean, he wasn't great, but he wasn't terrible. He was OK. A far cry from the way he -- you know what I'm saying.

If you look at some of those debates, I said there's no way he can continue.

JOE BIDEN, (D) PRESIDENTIAL NOMINEE:  He doesn't know how to debate the facts because he's not that smart. He doesn't know that many facts. He doesn't know much about foreign policy. He doesn't know much about domestic policy. He doesn't know much about the detail. It will be mostly personal attacks and lies, but I think the American people are on to him.

(END VIDEO CLIP)

BAIER:  Both candidates setting the table for the big debate tomorrow night on the stage behind me, this is the national Real Clear Politics average of polls, the recent polls, has Joe Biden up about 6.8, 6.9 percent. This race has been relatively stable in about this area, key battlegrounds getting a little tighter.

We're back with our panel, Harold Ford, Jr., Kimberley Strassel, and Chris Stirewalt still with us. Kimberley, can what happens on the stage behind me tomorrow night change the trajectory or dynamic in this race significantly?

KIMBERLEY STRASSEL, WALL STREET JOURNAL:  I think it could potentially. I think it would have to be a pretty big moment. Look, people talk a lot about how presidents, sitting presidents, often first debates aren't their best. Then sometimes they come back in the second and the third a little bit better prepared. The people are talking about Joe Biden and the risk to him of having a moment up there, and the president certainly, you saw him highlighting that by talking about a drug test.

I think, though, I think given the degree to which people are dug in, I think it could be difficult, though, to have some major, major thing. It would have to be pretty huge. Right now, I think it would be more along the edges. And again, we're going to have two more debates to go after this for people to have another shot at the apple.

BAIER:  Chris?

CHRIS STIREWALT, FOX NEWS POLITICAL EDITOR:  If these politicians war on drugs, I guess it would explain a lot. There would be a more rational explanation for American politics today.

(LAUGHTER)

STIREWALT:  Look, the reality here is for Republicans, for Trump, for a long time they were like, yes, yes, yes, when we get to the debates we'll just obliterate Biden and he'll be dad and it won't matter. He doesn't even know he's alive, blah, blah, blah. And then one day, like paying your taxes or turning in your term paper or whatever else, we arrived. And so now Republicans have worked really hard to lower the expectations and lower the expectations and lower the expectations.

I don't know that they've hit reverse enough for all these things. I know this -- if Joe Biden goes out there and is sentient, upright, and gets through it without a meltdown, then people will say good enough, and the race will probably move on. So Trump needs to get him into a place where he screws up, and that probably involves making him mad, talking about his son, talking about his family, accusing him of corruption, et cetera, et cetera.

BAIER:  Well, apparently you can't ask the Biden campaign or members of the Biden team anything about past gaffes. Take a listen.

(BEGIN VIDEO CLIP)

JAKE TAPPER, CNN ANCHOR:  Your husband has been known to make the occasional gaffe.

JILL BIDEN, JOE BIDEN'S WIFE:  You can't even go there. After Donald Trump, you cannot even say the word "gaffe."

TAPPER:  I can't even say the word "gaffe"?

JILL BIDEN:  No.

TAPPER:  But -- 

JILL BIDEN:  No. No. Done. It's gone.

TAPPER:  The gaffe issue was over because --

JILL BIDEN:  Over. So over.

(END VIDEO CLIP)

BAIER:  And it was over there. Harold, what do you think?

HAROLD FORD JR. (D) FORMER TENNESSEE REPRESENTATIVE:  So, I think tomorrow

-- I would differ little bit. In Kimberley's paper today, there was an article that said that 70 percent of the country says that this debate won't impact them, which means that 30 percent believe or suggest that it might. I think that number is high when you think about how we suggest and surmise in political circles about how many people may be undecided or could be moved.

Two -- I wish that editorial page in the "Wall Street Journal," which I think may be the most powerful, would ask for Donald Trump just to relieve of all of this conversation and just release his tax returns. We'll have to wait and see if he does that.

I don't disagree with the general principle Chris made about where we go and what the reaction may be tomorrow. We need to hear from both of these candidates. If Biden is thrown off by Trump, if Trump is able to do and take some of the personal shots, it may impact Biden.

But again, I end where I started earlier tonight, whoever lays out an economic vision, whoever lays out a health care vision -- and Kimberley, I didn't mean to cut you off. I just think whomever does that first and most effectively, they will emerge with, I think, the most support and most credibility in perhaps winning the debate tomorrow night.

BAIER:  That is interesting.

STRASSEL:  So I just have to -- 

BAIER:  The debate strategy going in, Kimberley -- go ahead.

STRASSEL:  Just, I will send him all 20 of our editorials calling on Donald Trump to release his tax returns.

FORD:  I'm a slow Democrat, Kimberley. I apologize. I'll take your word. I hope he does release his taxes.

(LAUGHTER)

BAIER:  The strategy, Kimberley, very quickly, is either talking to each other here on the stage behind me and getting kind of those moments back and forth, or are the strategy going in, are you talking to the American people to say what your presidency is going to look like?

STRASSEL:  That will be the wisest course for both of them to do that, OK.

But I don't think, unfortunately, that is going to be what happens in this debate. I think Donald Trump is going to have a very hard time not going after Biden, his family, his son, his finances, son's finances. And I think Biden is going to have a very difficult time making a positive agenda because we haven't seen one from him so far. It's all about Donald Trump, his handling of the coronavirus, supposedly his problems with corruption.

So good idea, I just don't think we'll see it.

BAIER:  Chris, I've got 10 seconds. What's happening? You're doing something during the debate?

STIREWALT:  We are going to make it better for people to watch you. If people tune in at 8:00 eastern, there will be a code that they can scan on their television with their phone or whatever doohickey they've got that will take them into a two screen experience where they can get facts, trivia, they can vote, and they can get a live chat going on between me and the pride of the buckeye state where you are, Chad Pergram.

(LAUGHTER)

BAIER:  We are high-tech nowadays. Panel, thank you very much.

STIREWALT:  I'll tell you what.

BAIER:  I appreciate it.

Up next, a trip down memory lane, looking at presidential debates since the 1960s. And as we had to break, we take a trip into Cleveland.

(BEGIN VIDEO CLIP)

BAIER:  Here in downtown Cleveland it's clear there's a mix of voters, some of them want to talk to us, some of them don't. Ohio is again a swing state. It has been for many elections. Last time Donald Trump beat Hillary Clinton here by almost nine points, the most since 1988. This time, it looks like it's going to be closer.

TOM ROSS, VOTER:  Well, I just can't see how well Joe Biden is going to hold up in a live debate, because I don't believe he can.

IDEAL CURTIS, VOTER:  My mind is made up. I'm sorry, I have no confidence in Biden. I just feel it's been so long there, hasn't done anything, and now he's very, how is a nice way to say incoherent? And Trump, he has his issues, but my life is better because Trump has been in office.

O. BREWER, VOTER:  For me, I think the best choice between the two right now is Biden from the national standpoint.

BAIER:  So you're saying the debate really want affect the matter what happens?

BREWER:  Not really, because for the both of them, they are two candidates whose viewpoints in terms of the major issues are rather clear. And so when it comes to that, those things aren't going to change it.

DEBBIE YOUNG, VOTER:  I don't think Biden can hold up to a debate. I don't think he's sharp enough anymore. And it'd be interesting.

BAIER:  Yes. So if he shows up kind of gets through it, will it change your mind?

YOUNG:  No.

(END VIDEOTAPE)

BAIER:  SPECIAL REPORT from Cleveland continues after this.

(COMMERCIAL BREAK)

BAIER:  Let's get some insight into tomorrow night's debate and the history of such events. Here's correspondent Jacqui Heinrich.

JACQUI HEINRICH, FOX NEWS CORRESPONDENT:  There will be COVID tests, there will be social distancing, but there will also be a live audience, albeit a small one, at Tuesday's face-off between President Trump and former Vice President Joe Biden, making what may be the most familiar element of an election changed by the pandemic.

For one of these White House hopefuls, that's a factor unseen for months.

Biden strictly following public health guidelines, hasn't addressed a crowd since March. Trump resumed his rallies after just three months. But presidential debates are made for the home audience and have been since

1960 when John F. Kennedy and Richard Nixon brought the first presidential debate to the screen.

RICHARD NIXON, FORMER U.S. PRESIDENT:  The things that Senator Kennedy has said, many of us can agree with.

HEINRICH:  Some say it cost Nixon the election, refusing makeup, appearing gaunt and sweating heavily under lights, he never appeared at ease next to the young senator who had taken time to prepare with the studio heads. But Nixon wouldn't be the only candidate to lose his lead after hairy performance.

GERALD FORD, FORMER U.S. PRESIDENT:  There is no Soviet domination of eastern Europe and there never will be under a Ford administration.

HEINRICH:  President Ford's infamous gaffe denying the Iron Curtain sent his national security advisor to "The New York Times" with a clarification too late to save his reelection. But just as debates can break a campaign, they can also help make one.

RONALD REAGAN, FORMER U.S. PRESIDENT:  The red light went on.

HEINRICH:  Ronald Reagan deflected age concerns with a wisecrack, making even his opponent chuckle.

REAGAN:  I am not going to exploit for political purposes my opponent's youth and inexperience.

(LAUGHTER)

HEINRICH:  An art of dismissal later also employed by George Bush without so much as a word.

GEORGE W. BUSH, FORMER U.S. PRESIDENT:  But can he get things done?

(LAUGHTER)

BUSH:  And I believe I can.

HEINRICH:  When Al Gore tried to intimidate him.

HILLARY CLINTON, (D) FORMER PRESIDENTIAL CANDIDATE:  And I'm going to fix it.

HEINRICH:  Although body language can make headlines, sometimes the unconventional wins. President Trump's disruptor image was so relished by his base in the 2016 primaries --

DONALD TRUMP, (R) PRESIDENT OF THE UNITED STATES:  Nobody has more respect for women than I do, nobody. Nobody has more --

UNIDENTIFIED MALE:  Please, everybody.

HEINRICH:  It left little room for shock in the debate.

TRUMP:  Because you'd be in jail.

UNIDENTIFIED FEMALE:  Secretary Clinton --

(APPLAUSE)

HEINRICH:  And after four years in front of a firing squad of reporters, Trump has become adept at selling his message in almost any scenario, establishing high expectations for himself and a comparatively low bar for

--

TRUMP:  Sleepy Joe Biden.

(APPLAUSE)

HEINRICH:  Biden is no stranger to the debate stage, now in his third presidential run, and he's been shaking off this image for years.

UNIDENTIFIED MALE:  Biden is a gaffe machine. Can you reassure voters in this country that you would have the discipline you would need on the world stage, senator?

JOE BIDEN, (D) PRESIDENTIAL NOMINEE:  Yes.

(LAUGHTER)

HEINRICH:  His last face-off with a Republican was well received.

BIDEN:  With all due respect, that's a bunch of malarkey.

HEINRICH:  And while that was eight years ago, the former vice president surprised critics in Democratic primary debates.

(END VIDEOTAPE)

HEINRICH:  Since locking up the nomination, Biden has taken relatively few reporter questions, and unlike President Trump, he rejected early chances to sit with our moderator, Chris Wallace, for an interview. Bret?

BAIER:  Jacqui, thank you. We've asked him here as well.

Some final thoughts when we come back.

(COMMERCIAL BREAK)

BAIER:  Breaking tonight, we are hearing from the Democratic vice president on nominee in Raleigh, North Carolina, speaking about Judge Amy Coney Barrett and the confirmation process. We're being told that she told reporters that she will meet with the judge. She is on the Senate Judiciary Committee, and that would be different than Senator Chuck Schumer and the others who have said they are not going to meet with Judge Barrett. We'll see where that goes.

Thanks for inviting us into your home tonight. That's it for the SPECIAL REPORT, fair, balanced, and unafraid. Tomorrow from 6:00 to 8:00, it will be SPECIAL REPORT and "THE STORY" together. I will be alongside Martha MacCallum right here.

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