NYPD officer accused of espionage, wire fraud and lying to investigators
New York City police officer Baimadajie Angwang accused of spying for China.
This is a rush transcript from “Special Report" September 22, 2020. This copy may not be in its final form and may be updated.
BRET BAIER, FOX NEWS ANCHOR: Thanks, Jesse. Good evening, welcome to Washington. I'm Bret Baier.
Breaking tonight, the U.S. has passed a grim milestone eclipsing the 200,000 mark for deaths due to the coronavirus. That's more than any other country has reported in the world.
The race meantime is on to get a vaccine. We have team coverage tonight with breaking news on the push for a vaccine, the economic impact of the coronavirus in the push for more stimulus and we will take you to one country dealing with a major spike in cases.
But first tonight, President Trump has picked up a major win with a commitment from one of his staunchest Republican critics to vote on the president's Supreme Court nominee. Utah Senator Mitt Romney's decision bolsters the Republican effort to confirm a replacement for the late Ruth Bader Ginsburg before the election. Now, just six weeks away, six weeks from today. The president says he will tell us who he intends to nominate Saturday.
Chief White House correspondent John Roberts starts us off tonight live from the North Lawn. Good evening, John.
JOHN ROBERTS, FOX NEWS CHANNEL CHIEF WHITE HOUSE CORRESPONDENT: Bret, good evening to you. It was a relief for President Trump today to find out that he at least has the votes to bring a nominee forward and while it is still unclear at this point, whether a final but the full Senate will take place before Election Day, Republicans will move as quickly as they can to get that done.
(BEGIN VIDEOTAPE)
ROBERTS: The timing for the announcement of President Trump's nominee is likely Saturday afternoon before he leaves for a Pennsylvania campaign rally. President Trump today indicating he has all but made up his mind on who it will be.
DONALD TRUMP, PRESIDENT OF THE UNITED STATES: I would say that I'm very close to making a decision in my own mind and I'm going to reveal it on Saturday.
ROBERTS: Sources tell Fox News the top contender continues to be Judge Amy Coney Barrett of the Seventh Circuit Court of appeals. Also in the running, the Eleventh Circuit's Barbara Lagoa. Judge Joan Larsen of the Sixth Circuit and Fourth Circuit Judge Allison Jones Rushing.
President Trump got good news today when Utah Senator Mitt Romney said he is on board for a vote before the election.
SEN. MITT ROMNEY (R-UT): The decision to proceed with a new nominee is also consistent with history and president and that's where I come out.
ROBERTS: With Senators Cory Gardner and Chuck Grassley also saying they will vote. President Trump has 51 Republicans ready to go forward. The president believes he has the time before Election Day to get it done.
TRUMP: We have nothing but time, especially since we have the support. You know, we have senatorial support. People have come out and I guess we have all of us we're going to need. They're going to be very happy with the candidate.
ROBERTS: Democrats today ramped up their efforts to block the nomination. Chuck Schumer issuing a scathing indictment of Majority Leader Mitch McConnell.
SEN. CHUCK SCHUMER (D-NY): Sadly, leader McConnell has defiled the Senate like no one in this generation. And leader McConnell may very well destroy it.
ROBERTS: From McConnell's view, the Senate will be just executing its constitutional duty.
SEN. MITCH MCCONNELL (R-KY): All of us have pointed out we have an obligation under the Constitution, should we choose to take advantage of it. With the president of the same party as the Senate to advance the nomination and we will certainly do that this year.
ROBERTS: Congresswoman Alexandria Ocasio-Cortez increasingly an influential vote in the Democratic control House, joined Nancy Pelosi saying Democrats must consider all options including impeaching the president. A threat the White House today found laughable.
KAYLEIGH MCENANY, WHITE HOUSE PRESS SECRETARY: Well, first, I mean, to pursue impeachment based on someone executing their lawful duty, their constitutional duty is just preposterous. It shows that they've always viewed impeachment at least in the Nancy Pelosi era as a partisan tool to take down a sitting president to dis-empower the American people who voted to empower President Trump.
(END VIDEOTAPE)
ROBERTS: And this afternoon, Maine Senator Susan Collins a Republican, became the first to President Trump's colleagues to say she will vote no on a nominee if that vote occurs before Election Day. She says the reason for that is because Mitch McConnell refused to consider Merrick Garland, Obama nominee back in 2016 and that he should follow the same rules that he laid down in 2016, Bret.
BAIER: John Roberts live in the North Lawn. John, thanks.
Former Vice President Joe Biden says President Trump should wait on the Supreme Court pick. Biden will not however say whether he would push to add to the number of justices on the Supreme Court if he becomes president. Here's correspondent Peter Doocy.
(BEGIN VIDEOTAPE)
PETER DOOCY, FOX NEWS CHANNEL CORRESPONDENT: Joe Biden stayed home in Delaware today as running mate Kamala Harris hit the campaign trail in Flint, Michigan.
Senator Harris, should Democrats pack the court, the Supreme Court?
That's what some Democratic leaders like Congressman Jerry Nadler and Senator Ed Markey want to do, add seats to the Supreme Court and fill them with liberals. Biden used to stand firmly against the idea.
JOE BIDEN (D), PRESIDENTIAL CANDIDATE: I would not get into court packing.
DOOCY: But now he's tight lipped saying last night, it's a legitimate question. Let me tell you why I'm not going to answer that question because it will shift the focus. That's what he wants.
That non answer says a lot to Senate Majority Leader Mitch McConnell.
MCCONNELL: Former Vice President Biden himself refused to rule out that he might seek the pack the Supreme Court.
DOOCY: But that would require a major change to Senate tradition which Democratic Senator Dianne Feinstein opposes, telling reporters, I don't believe in doing that. I think the filibuster serves a purpose and I think it's part of the Senate that differentiates itself.
Two new polls reveal to under the radar battlegrounds Georgia's likely voters favored Trump by 0.3 percent in an Atlanta Journal-Constitution poll. And Iowa's likely voters are split. 47 apiece for Trump and Biden.
Feels like a lifetime since Bernie Sanders won the Iowa caucus popular vote. Especially since so much of Biden's pitch is, he's not Bernie.
BIDEN: I beat the socialist, that's how I got elected, that's how I got the nomination. Do I look like a socialist?
DOOCY: But do he or Harris want to pack the court. Fox asked the V.P. nominee a second time today in Michigan.
Senator Harris, should Democrats try to pack the court next year?
(END VIDEOTAPE)
DOOCY: We tried, and we will keep asking. Although, if the last two days of campaign events signal anything it's that the Biden brain trust believes other issues are bigger winners for them than the coming Supreme Court fight, especially the economy and COVID-19, Bret.
BAIER: Valiant effort. Peter, thank you.
One week from tonight, Chris Wallace will host the first presidential debate. Chris has announced the list of topics for that event, they are: the Trump and Biden records, the Supreme Court, COVID-19, the economy, racing violence in our cities and the integrity of the election.
You can see the debate next Tuesday at 9:00 p.m. Eastern right here on Fox News Channel. And we'll have SPECIAL REPORT and the special debate coverage of course from the debate hall at the Cleveland Clinic in Ohio.
As we told you a moment ago, the U.S. death toll from the coronavirus pandemic is now above the 200,000 mark. There have been almost 6.9 million confirmed cases in this country. Both of those figures lead the world according to official reporting.
Correspondent Steve Harrigan has details tonight from the home of the CDC in Atlanta. Good evening, Steve.
STEVE HARRIGAN, FOX NEWS CHANNEL CORRESPONDENT: Good evening, Bret. A real debate under way about when a vaccine could be ready for use in the U.S. The Washington Post reporting today that the FDA is going to tighten standards that would make it unlikely that any vaccine could be ready by Election Day.
However, President Trump has been adamant repeating multiple times in recent days that he expects there to be a vaccine ready in the U.S. well before the end of the year.
(BEGIN VIDEO CLIP)
TRUMP: We will distribute a vaccine. We will defeat the virus. We will end the pandemic and we will enter a new era of unprecedented prosperity, cooperation and peace.
(END VIDEO CLIP)
HARRIGAN: That debate takes place on a day of a grim milestone the U.S. passing more than 200,000 dead from the virus. That number is more than the total of combat deaths the U.S. has suffered in its past five wars.
In the meantime, the presidential spokesperson while recognizing the enormity of this number said, without President Trump, the figures could have been much higher.
(BEGIN VIDEO CLIP)
MCENANY: We are looking at the prospect of two million people potentially perishing from the coronavirus in this country. We grieve when even one life is lost. But the fact that we have no -- the fact that we have come nowhere near that number is a testament to this president taking immediate action.
(END VIDEO CLIP)
HARRIGAN: Right now, about 770 Americans are dying each day on average from the virus. And tomorrow, Senate will get a look at the top doctors. Doctor Fauci as well as the head of the CDC and the FDA, they're all coming to the Senate Committee to be grilled by the Senators. They'll be the final grilling before the election. Bret, back to you.
BAIER: Steve Harrigan live in Atlanta. Steve, thanks.
Overseas now, British Prime Minister Boris Johnson says life will not return to normal in the U.K. for at least another six months. Johnson announced new coronavirus restrictions today as cases there have spiked. Senior foreign affairs correspondent Greg Palkot shows us tonight from London.
(BEGIN VIDEOTAPE)
GREG PALKOT, FOX NEWS CHANNEL SENIOR FOREIGN AFFAIRS CORRESPONDENT: COVID- 19 hitting the U.K. again with a vengeance. Officials talking about a doubling of coronavirus cases in hospitalizations, warning of possibly tens of thousands of infections and hundreds of deaths in the months to come unless the country acts.
U.K. Prime Minister Boris Johnson went before Parliament today and spoke on T.V. tonight.
BORIS JOHNSON, BRITISH PRIME MINISTER: We must take action now because a stitch in time saves nine. And this way, we can keep people in work. We can keep our shops and our schools open and we can keep our country moving forward while we work together to suppress the virus.
PALKOT: Among the new measures pubs, bars and restaurants closing earlier, more masks used and more social distancing. Stiffer fines enforced by beefed up policing and maybe even the army.
And after encouraging folks to go back to work, the government is now saying stay home again if you can.
Johnson taking heat from critics for his handling of the virus including a faulty testing program.
KEIR STARMER, LEADER, BRITISH LABOR PARTY: The prime minister has had months to prepare for this, but instead of getting a grip, the government lost control.
PALKOT: The prime minister telling Brits chafing from COVID-19 restrictions, this is not a full lockdown. Schools, shops and offices to some degree remain open. Still the economy and society here had been hit badly in recent months. People are concerned but cautious.
UNIDENTIFIED MALE: The (INAUDIBLE) back slowly to normal.
UNIDENTIFIED FEMALE: Maybe it's our little step in the right direction.
PALKOT: Officials say these measures could stay in place for six months. About the time many say it could take to get a vaccine ready and in circulation.
(END VIDEOTAPE)
PALKOT: Boris Johnson also warned that these COVID-19 measures aren't followed, tougher ones could be put in place. This virus is still tough in all corners of the world, Bret.
BAIER: Greg Palkot in London. Greg, thank you.
We are getting word the president is talking to reporters. When we get that, we will bring it to you here.
Meantime, the effort to get a continuing resolution to avoid a government shutdown hit a speed bump today as top economic officials told Congress the need for a new coronavirus relief bill is greater than ever.
Congressional correspondent Chad Pergram is on Capitol Hill tonight.
(BEGIN VIDEOTAPE)
CHAD PERGRAM, FOX NEWS CHANNEL CONGRESSIONAL CORRESPONDENT: Congress is struggling to get its work done facing a deadline to fund the government. And talks to craft a new coronavirus aid bill were stalled before. But the looming brawl over confirming a new Supreme Court justice sideline any new discussion of a deal.
During the first of three appearances before lawmakers this week, Federal Reserve Chairman Jerome Powell insists need remains.
JEROME POWELL, CHAIRMAN, FEDERAL RESERVE: The path forward will depend on keeping the virus under control and on policies policy actions taken at all levels of government.
PERGRAM: Powell warned lawmakers that the Feds exhausted its tools, slashing interest rates and boosting access to credit. And that's why Congress needs to intervene legislatively, but Congress is stymied by disputes over jobless aid and assistance to state and local governments. There's a divide of $1 trillion between what House Speaker Nancy Pelosi wants and what the Trump administration can support.
Treasury Secretary Steve Mnuchin testified the economy is inching back.
STEVEN MNUCHIN, U.S. TREASURY SECRETARY: America is in the midst to the fastest economic recovery from any crisis in the U.S. The August jobs report showed the economy has gained back 10.6 million jobs since April and nearly 50 percent of all jobs lost to the pandemic.
PERGRAM: But Democrats flag Mnuchin's rosy assessment.
REP. JUAN VARGAS (D-CA): 11 million Americans that are still out of work lost their jobs more than in the financial crisis. So, I don't think that they would agree that we've had this strong recovery.
MNUCHIN: When you close the economy and you re-open it, it is strong but there is still more work to do.
PERGRAM: Lawmakers are trying to avert a shutdown in just eight days, but Republicans balked at the Democrats bill over farm provisions.
MCCONNELL: Hopefully, we'll be able to get that worked out. But it basically is a message to farm country to drop dead.
(END VIDEOTAPE)
PERGRAM: The House of Representatives hopes to vote tonight on a revamped to a continuing resolution to fund the government through December 11th. House Speaker Nancy Pelosi and the Secretary of the Treasury had been talking throughout the day, Bret.
BAIER: Chad Pergram live on Capitol Hill. Chad, thanks
Stocks were up today, the Dow gained 140 the S&P 500 finished ahead 35, the NASDAQ rose 185 today.
Up next, a court appearance for a woman suspected of trying to send poison to the White House. We'll bring you there.
First, here's what some of our Fox affiliates around the country are covering tonight.
Fox 11 in Los Angeles as wildfires scorching its way through brush and timber from the mountains to the desert northeast of Los Angeles is threatening more than a thousand homes. California Governor Gavin Newsom says nearly 19,000 firefighters are battling 27 major blazes around California.
Fox 5 in Atlanta as the Centers for Disease Control and Prevention issues new guidance warning against door to door trick or treating this Halloween. The CDC saying the public should avoid higher risk activities such as giving out treats and crowded indoor costume parties.
And this is a live look from Houston, our affiliate Fox 26 there. The big story there tonight, Beta weakens to a tropical depression as it parks itself over the Texas Coast raising concerns of extensive flooding in Houston and areas further inland. Beta made landfall late Monday as a tropical storm just north of Port O'Connor Texas.
That's tonight's live look "OUTSIDE THE BELTWAY" from SPECIAL REPORT. We'll be right back.
(COMMERCIAL BREAK)
BAIER: President Trump live on the -- on tape right on the South Lawn, telling reporters -- he'll name his Supreme Court nominee, 5:00 p.m. Saturday. Let's listen in.
(BEGIN VIDEOTAPE)
TRUMP: Have a good conference. I've talked to many people -- many people.
UNIDENTIFIED FEMALE: Why haven't you said anything about the U.S. -- why haven't you said anything about the U.S. hitting 200,000 deaths from COVID?
TRUMP: Say again?
UNIDENTIFIED FEMALE: Why haven't you said anything about the U.S. hitting 200,000 deaths from COVID?
TRUMP: Go ahead. Anybody else?
UNIDENTIFIED MALE: Mr. President, could you speak to the grim milestone today of 200,000 deaths to the virus? What do you want to say to the American people?
TRUMP: Well, I think it's a shame. I think if we didn't do it properly and do it right, you'd have 2-1/2 million deaths. If you take a look at alternatives, you could have 2-1/2 million deaths or something thereabouts. You could have a number that would be substantially more.
With all of that being said, we shouldn't have had anybody. And you saw my United Nations speech. China should have stopped it at their border. They should have never let this spread all over the world, and it's a terrible thing. But had we not closed our country down and reopened -- and now, we're doing well in reopening. The stock market is up, all of those things. But I think it's a horrible thing.
But, if we'd not -- if we had not done it right, you could have 2 million, 2-1/2 million, or 3 million. But it's a horrible thing. It should have never ever happened. China let this happen and just remember that.
UNIDENTIFIED MALE: Do you think that we could hit another 200,000-death milestone?
TRUMP: Well, I know this: The original numbers were around 200,000 if you do it right, if you did a good job, and if the public worked along. And if you didn't do it right, you'd be at 2 million, 2-1/2 million. Those were the numbers. But this should've never happened. This should've never come out of China. They should've never let it happen. So, that's it.
UNIDENTIFIED MALE: Are you going to meet with Barbara Lagoa this week on Friday? Or when?
TRUMP: Well, I don't want to talk about who I'm meeting with, but I've spoken to many, and we're getting close to a decision. We're going to be doing it on Saturday, we're going to be meeting on Saturday. A lot of paperwork to do and I think it's going to go very quickly.
UNIDENTIFIED MALE: And then, one of the things that the Democrats are saying is that, if you go ahead with this, it could tear the country apart. What's your reaction to that?
TRUMP: Oh, I don't think so. I -- we need nine justices. You need that. With the unsolicited millions of ballots that they're sending, it's a scam; it's a hoax. Everybody knows that. And the Democrats know it better than anybody else.
So, you're going to need nine justices up there. I think it's going to be very important. Because what they're doing is a hoax, with the ballots. They're sending out tens of millions of ballots, unsolicited -- not where they're being asked, but unsolicited. And that's a hoax, and you're going to need to have nine justices.
So, doing it before the election would be a very good thing because you're going to probably see it. Because what they're doing is trying to sow confusion and everything else.
And, you know, when they talk about Russia, China, and all these others, they will be able to do something here because paper ballots are very simple. Whether they counterfeit them, forge them, do whatever you want. It's a very serious problem.
And the Democrats know what they're doing is wrong, and all they want to do is go forward with it. So, I think you're going to need the nine justices. Also, I have a constitutional obligation to put in nine judges -- so, justices.
So, I think you're going to be very impressed when you see all of them. I mean, they're all great. These are all very talented people, and I think you'll be very impressed by the person chosen. OK? Thank you. Thank you.
(END VIDEOTAPE)
BAIER: President Trump on the South Lawn of the White House on his way to Marine One and a trip to Pennsylvania. The president saying, he will announce his nominee for the Supreme Court vacancy at 5:00 p.m. Eastern Time on Saturday. Something you'll see live on Fox News.
Up next, the president has some tough words for China, and President Putin has an unusual offer for U.N. staffers.
First, "BEYOND OUR BORDERS" tonight. An explosion rocks a Hezbollah stronghold in southern Lebanon, sending thick gray smoke billowing over the village. The cause was not clear, no immediate reports on casualties there.
The European Union summit is postponed for a week because the president of the E.U. council has gone into quarantine after a close collaborator was diagnosed with coronavirus.
The U.S. ambassador to Russia visits an American detained by the Moscow government. Paul Whelan is serving a 16-year sentence for spying. Ambassador John Sullivan says Whelan is in good spirits but should be at home in the U.S. with his family.
Just some of the other stories, "BEYOND OUR BORDERS" tonight. We'll be right back.
(COMMERCIAL BREAK)
BAIER: "BREAKING TONIGHT", a woman suspected of mailing a letter addressed to the White House containing the poison ricin made a court appearance today in Buffalo, New York.
Correspondent Alex Hogan has details tonight. Good evening, Alex.
ALEX HOGAN, FOX NEWS CHANNEL CORRESPONDENT: Good evening, Bret. Pascale Ferrier faces federal charges of threatening the president of the United States. Investigators releasing the image of this Canadian woman, they say, that she mailed-in six ricin-filled letters last week. One of those letters was intended for the White House.
Although it never reached the president, the affidavit says, the Canadian woman called the president an ugly tyrant clown. And write in, "Give up and remove your application for this election. So, I made a special gift for you and make it to -- for you to make a decision. This gift is in this letter. If it doesn't work, I will find better recipe for another poison, or I might use my gun."
The suspect appearing in a Buffalo, New York federal courtroom today with a French translator. Sunday, Customs and Border Protection officers found the suspect trying to enter the U.S., carrying a knife and a gun.
FBI Director Christopher Wray, speaking today about the effort to take her into custody near the Peace Bridge border crossing.
(BEGIN VIDEO CLIP)
CHRISTOPHER WRAY, DIRECTOR, FEDERAL BUREAU OF INVESTIGATION: There is an individual in custody. It's the product of great partnership not just between federal law enforcement here in the U.S., but also with our key partners at the RCMP up in Canada.
(END VIDEO CLIP)
HOGAN: Yesterday, the Royal Canadian Mounted Police, executed a search warrant on a home in Montreal, believed to be connected to the suspect. It's not Ferrier's first arrest here in the U.S. In 2019, police in Texas charged her with unlawfully carrying a weapon and tampering with the government record, and those charges were later dismissed.
Today, the prosecution asking the judge not to release her because they think she is a flight risk. She will be in custody in Buffalo until her next court appearance which is set for Monday. Bret?
BAIER: Alex Hogan in New York. Alex, thanks.
President Trump is demanding the United Nations hold China accountable for the coronavirus pandemic. The president giving a taped address today to the general assembly.
China's president, meantime, says an attempt to politicize the crisis should be rejected. Senior correspondent Eric Shawn is at the U.N. tonight.
(BEGIN VIDEOTAPE)
ANTONIO GUTERRES, UNITED NATIONS SECRETARY-GENERAL: We must do everything to avoid the new cold war.
ERIC SHAWN, FOX NEWS SENIOR CORRESPONDENT: A stark warning to the United States and China from the U.N. Secretary-General at the start of today's nearly all virtual assembly because of the coronavirus.
GUTERRES: Our world cannot afford the future where the two largest economies split the globe in a great fracture.
SHAWN: In a speech he taped Monday, President Trump put the blame for the global pandemic directly on China, calling COVID-19 the "China virus."
DONALD TRUMP, PRESIDENT OF THE UNITED STATES: We have waged a fierce battle against the invisible enemy, the China virus, which has claimed countless lives in 188 countries.
SHAWN: The president accused the WHO of being complicit in the virus's explosion around the world.
TRUMP: The Chinese government and the World Health Organization, which is virtually controlled by China, falsely declared that there was no evidence of human to human transmission. The United Nations must hold China accountable for their actions.
SHAWN: The Chinese U.N. ambassador pushed back against the president's attack.
ZHANG JUN, CHINESE AMBASSADOR TO U.N.: China resolutely rejects the baseless accusation against China.
SHAWN: In his videotaped speech, Chinese President Xi said Beijing has, quote, no intention to fight a cold or hot war with any country, and he said the responsibility for fighting the virus should will rest with the World Health Organization.
XI JINPING, CHINESE PRESIDENT, (through translator): We should follow the guidance of science, give full play to the leading role of the World Health Organization.
SHAWN: Russian President Vladimir Putin also backed the WHO. He claimed Russia has its own vaccine and will share it with U.N. staffers free of charge.
VLADIMIR PUTIN, RUSSIAN PRESIDENT, (through translator): We are ready to share our experience and continue cooperating with all states and international entities, including in supplying the Russian vaccine, which has proved reliable, safe, and effective to other countries.
(END VIDEOTAPE)
SHAWN: Iranian president Hassan Rouhani likened the treatment of his country by the U.S. to that of George Floyd by the Minneapolis Police Department, and French President Emmanuel Macron reiterated his support for the Iranian nuclear deal despite the U.S. withdrawal. Bret?
BAIER: eric Shawn live outside the United Nations. Eric, thanks.
Up next, the effort to prevent another government shutdown runs into some trouble.
(COMMERCIAL BREAK)
BAIER: Republicans will ask the U.S. Supreme Court to review a Pennsylvania state court ruling extending the eligibility date for mail-in ballots. Pennsylvania high court decided last week to push back the state's deadline. The ruling allows ballots postmarked by Election Day to be accepted as long as they arrive within three days of Election Day.
The state of Maine will use ranked choice voting in the November presidential election. That will be a first in the U.S. The Maine Supreme Court ruled today Republican petition drive aimed at rejecting the state law did not get enough signatures. The system allows voters to rank all candidates on the ballot. If no one wins a majority of first-place votes, then there are additional tabulations, aided by computers, in which last last-place finishers are eliminated and votes reallocated based on those supporters second choices. Critics say the complicated system hurts voters who do not understand it.
There's even more uncertainty tonight over the coming Supreme Court term following the death of Justice Ginsburg. Correspondent David Spunt has that part of the story from the Supreme Court.
(BEGIN VIDEOTAPE)
DAVID SPUNT, FOX NEWS CORRESPONDENT: With their courtroom draped in black in remembrance of Justice Ginsburg, the remaining eight justices return for the start of the fall term on October 5th to a court in limbo and an election with a potential pitfall over ballots just week away.
Just two decades ago, in the year 2000, a full quart of nine justices had to rule on Bush v Gore as an anxious nation waited to know who would be president. If a similar situation happened this year and the president's nominee is not yet on the bench, major constitutional and political upheaval may lie ahead for a nation already gripped by a pandemic.
PAUL SMITH, GEORGETOWN LAW CENTER: There was always the possibility with an eight justice court of a four-four ruling, which would be particularly unsatisfying, I think, if it's a ruling involved a postelection case that might have some effect on the outcome.
SPUNT: The court this time could be confronted over whether the count rejected or challenged ballots, the extension of voting deadlines past Election Day, and allegations of voter fraud, with pressure to decide matters quickly and cleanly. In 2000, the justices took six weeks to rule for George W. Bush. Now just one week after the November 3rd election, the court will also hear arguments in favor of dismantling the entire Affordable Care Act, which could leave millions without health care.
Other critical decisions about religious liberty and the power of Congress to subpoena Mueller related documents may end up with a four-four tie.
(END VIDEOTAPE)
SPUNT: If the president gets his way, those scenarios I mention may not even happen. He wants to have someone installed on the court bench before the election. Meanwhile, here at the Supreme Court, for two days the public can come in and honor the memory of Justice Ginsburg. She will lie in repose here at the Supreme Court Wednesday and Thursday, and on Friday she will buy in-state at the U.S. Capitol across the street. Bret?
BAIER: The first woman to do that. David, Spunt live at the Supreme Court, David, thanks.
Some breaking news. We told you earlier that it didn't look like things were heading in the right direction for a continuing resolution up on Capitol Hill, but just in the past few seconds Bloomberg is reporting that there is a deal reached between Democrats and the GOP that includes food aid and farm support. We will check with our own Chad Pergram and see exactly what that looks like. We have heard of deals before, but this one looks promising.
Up next, President Trump picks up a key supporter in his quest to put another justice on the U.S. Supreme Court. We'll get reaction from the panel when we come back.
(COMMERCIAL BREAK)
BAIER: As we just mentioned, breaking tonight, a deal on the continuing resolution. This is to fund the government and avoid a government shutdown. Speaker Nancy Pelosi putting out a statement just seconds ago, after we reported that, "We have reached an agreement with Republicans on a continuing resolution to add nearly $8 billion in desperately needed nutritional assistance for hungry school children," also the funds for farmers. And she goes on to say that this deal is -- they extending a key flexibility for states to lower administration requirements for SNAP and families in the middle of this crisis. Bottom line, a continuing resolution deal.
What has not been dealt with is the coronavirus bill which is still in limbo, and still being negotiated, although it doesn't seem promising.
The big news out of Washington, the pick, the president saying he'll make it on Saturday.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Have you made a decision and you're just going to reveal it on Saturday, or --
DONALD TRUMP, (R) PRESIDENT OF THE UNITED STATES: I would say that I am very close to making a decision in my own mind, and I'm going to reveal it on Saturday. We have a lot of time. We have nothing but time, especially since we have the support. We have senatorial support, people have come out, and I guess we have all the votes we are going to need. They're going to very happy with the candidate. They know most of the candidates anyway. I think they now maybe all of the candidates. And we have great support, great support from the people also.
(END VIDEO CLIP)
BAIER: It's 5:00 p.m. Saturday he told reporters late this afternoon. Let's bring in our panel, Mo Elleithee, executive director of the Georgetown Institute of Politics, Katie Pavlich, news editor at https://urldefense.proofpoint.com/v2/url?u=http-3A__Townhall.com&d=DwICAg&c=cnx1hdOQtepEQkpermZGwQ&r=tgDLkJy54PfJyWJwul3dKe54qGxqO7b7d5vjo7RcZds&m=ZeutMBWRQ2cZdJQ9QD5Mrm7as1SCR_Vx9cXuFT3Z1ac&s=ZOHLyBdo_AyQu2QCB6bMHg9l0ZJRIS5QU6SIJYrl0xQ&e= , and Ben Domenech, publisher of "The Federalist." Ben, your thoughts as really today was about clearing the way. One senator, Mitt Romney, former governor Mitt Romney, said he was going to be OK with voting for the president's nominee. It opened the door to this path that seems inevitable.
BEN DOMENECH, "THE FEDERALIST": This is one of those areas where Republicans, both conservative and folks who are more in the establishment, really do stay united. And all along in talking with the people who are at the center of this discussion, people on the Judiciary Committee, I was hearing all along that they expected Mitt Romney to be a yes, and he confirmed it this morning.
There is no gamesmanship here. There's no handwringing. People want to move forward, and they want to do it, for the most part what I'm hearing from senators is they want to do it with the choice who isn't a stealth candidate, who doesn't have a short record that can't be dealt with in political terms. Instead, would prefer to work with someone who they are familiar with, who is already proven to have steel in their spine, and that's an indication to me that I think Amy Coney Barrett is preferred by a number of the key senators in this case.
BAIER: Yes, Amy Coney Barrett, obviously she's been through vetting before. She is someone that was considered for both the Neil Gorsuch appointment and also the Kavanaugh appointment, and it was rumored that she was being saved for the potential appointment of a Ruth Bader Ginsburg should that happen, Mo. There is not really a way, is there, that Democrats can stop this once those votes are there?
MO ELLEITHEE, EXECUTIVE DIRECTOR, GEORGETOWN INSTITUTE OF POLITICS: Yes, well, look, in politics, it's not over until it's over, right. But I do think it looks like Republicans say they've got the votes. So I would not be surprised if they do move forward. And they kind of have to, don't they? Because they know that if they wait for Election Day, it's potentially a very, very different landscape.
And so I think you're going to hear Democrats continue to lean into this, continue to call on Republicans to wait until after the election, making it uncomfortable for some of those Republican senators who might find themselves either out of a job after Election Day or facing a minority status come January, make it very difficult for them.
The core message, though, that I think you're going to continue to hear from Democrats between now and the vote, and maybe even afterwards, is that Republicans went back on their own standard in order to put someone on the court to vote against the Affordable Care Act in the middle of a pandemic. That I think is the message that they are hoping will get them some leverage -- yes?
BAIER: Let me ask you this. If it was a President Joe Biden and a set of Majority Leader Chuck Schumer, and this appointment, a vacancy came up 46 days, 44 days from an election, don't you think that they would move forward?
ELLEITHEE: Well, I think they never would've changed the standard in the first place back in 2016. The argument that Democrats are making is that the Republicans were the ones who change the standards, that Republicans were the ones -- Merrick Garland was the first nominee to not be given a vote in an election year. They changed that standard, and so they probably would've never changed in the first place. But the Republicans are now changing it in order to strip away the Affordable Care Act.
BAIER: Mitt Romney on this issue.
(BEGIN VIDEO CLIP)
SEN. MITT ROMNEY, (R-UT): In a circumstance where a nominee of a president is from a different party than the Senate, then more than not the Senate does not confirm. On the other hand, when there is a nominee of a part that is in the same party as the Senate, then typically they do confirm.
So the Garland decision was consistent with that, and the decision to proceed now with President Trump's nominee is also consistent with history. I came down on the side of the Constitution and precedent as I've studied it, and make the decision on that basis.
(END VIDEO CLIP)
BAIER: Katie, Mo points to the Affordable Care Act case, and that will come before the court right after Election Day. There are a lot of cases that will come before the court, and politics-wise, Democrats of course will hit on the health care issue.
KATIE PAVLICH, NEWS EDITOR, https://urldefense.proofpoint.com/v2/url?u=http-3A__TOWNHALL.COM&d=DwICAg&c=cnx1hdOQtepEQkpermZGwQ&r=tgDLkJy54PfJyWJwul3dKe54qGxqO7b7d5vjo7RcZds&m=ZeutMBWRQ2cZdJQ9QD5Mrm7as1SCR_Vx9cXuFT3Z1ac&s=6GMXBZKvsTKAJTr5o3qgVqkojY0kSrFnWVuZurKW7y8&e= : Health care is certainly at the top of the minds of voters with a pandemic, and it's been a top issue in elections for years now in terms of health care and Obamacare. But luckily, Republican senators are putting politics aside, as is the president, and doing their constitutional duty to move forward with this nomination.
Democrats are accusing the president and Republicans of a raw power grab, but really they are the ones to blame for putting themselves in this position and being in the position that they are today. If this were really about politics, which it's not, Justice Ginsburg could have retired under President Obama. He could have replaced her with a justice who they saw equally as progressive as they believe that Ginsburg was. And Mitch McConnell was the one who reminded Harry Reid and warned him that changing the rules on judicial nominations would lead to regret.
Democrats don't seem to be doing any kind of self-reflection on how they changed their own standards in order to push through a couple of short-term issues when Harry Reid was in charge, but now are accusing Republicans of simply following precedent in history when it comes to filling this seat. Not to mention, it doesn't help Democrats that they have been threatening to do things like pack the court for years. For them to bring up that threat now really does reek of politics rather than seriousness about debate about a qualified nominee to fill the position.
BAIER: Mo, let me go back to you, and what about the talk about packing the court, about eliminating the filibuster, about even moving forward with impeachment, trying to block the potential filling of this vacancy? Notice that Joe Biden and Kamala Harris have not talked about the vacancy on the trail over the past day-and-a-half. It seems like it's not on brand for them if Joe Biden is pitching himself as the moderate bipartisan consensus candidate to talk about those kinds of things.
ELLEITHEE: Yes, I've heard Joe Biden in the past talk about the need to have conversations about court reform. This isn't the time to do it. This is the time to stick to the precedent that was set that gives every election year nominee -- as I said, it had always been up until Merrick Garland the precedent, and then the Republicans changed it. So we should stick to that, let the voters way, and then go from there. That's his argument. And at the same time pointing out to voters the ramifications of this, not the process ramifications, but the very real ramifications when it comes to issues like civil rights, like health care.
BAIER: Ben, we have crossed this grim milestone as a country of 200,000 deaths tied to the coronavirus. The president was asked as he was getting on Marine One about that. Take a listen.
(BEGIN VIDEO CLIP)
DONALD TRUMP, (R) PRESIDENT OF THE UNITED STATES: Well, I think it's a shame. I think if we didn't do it properly and do it right, you would have 2.5 million deaths. It's a horrible thing, should have never, ever happened. China let this happen, and just remember that.
(END VIDEO CLIP)
BAIER: Expanded on the speech that he gave to the U.N. on tape about blaming China for the coronavirus.
DOMENECH: Yes, and he's obviously going to continue to do that. It's his closing argument that I think we can expect to see in these debates. This is a very interesting moment for the president because, look, he knows that Republican voters tend to glom together and really have an impact when it comes to their reaction to these judicial fights. They view them as culture war issues and situations where they have the edge. I do think that that's going to benefit him in the short term in terms of presenting to the voters have a choice, as opposed to perhaps a referendum on decisions that he made back in March or April, which is what the Biden campaign would vastly prefer.
And to your point about the normalcy dynamic there, I think that's a really difficult situation for Democrats to navigate, particularly if their own base continues to engage in this kind of radicalism and threats of riot and violence and that type of thing in reaction to the president's nomination.
BAIER: All right, well, COVID-19 is one of the debate topics that will be talked about by Chris Wallace, the moderator at the debate, the 29th. We will be there as well. Panel, thank you very much.
When we come back, family priorities.
(COMMERCIAL BREAK)
BAIER: Finally tonight, showing support. Jillian (ph) Ascoto's (ph) grandmother Annie (ph) had not seen most of her family since March due to the coronavirus. The 92-year-old was preparing for a major heart procedure, so family and friends surprised her with a big parade, waving from cars, encouraging signs, a lot of honking going on. She obviously very surprised and happy with this event.
Speaking of events, you are looking live in Pennsylvania. We have the president about ready to make a speech there. You can see it looks like Air Force One, but it's not. It's another plane taking off. But they are in Pennsylvania. The president will land in Moon Township, and he will be speaking to the crowd on the ground. There we go. There they are, waiting for the president to arrive.
Thanks for inviting us into your home tonight. That's it for the SPECIAL REPORT, fair, balanced, and unafraid.
"THE STORY" hosted by Martha MacCallum starts right now.
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