Debate commission considers mute button for future encounters

This is a rush transcript from “Special Report” October 1, 2020. This copy may not be in its final form and may be updated.

BRET BAIER, FOX NEWS ANCHOR: I liked your evolution of hair. Thanks, Jesse.

Good evening, welcome to Washington, I'm Bret Baier.

Breaking tonight, President Trump is returning to the White House, he's just returned moments ago after speaking with donors at a fund-raiser in New Jersey, but perceptions of too much talking at the wrong time are at the root of some changes being considered by the Commission on Presidential Debates. That group is said to be thinking about giving the moderator a mute button. The president is insisting that polls show he won the debate and the system is just fine. Chief White House correspondent John Roberts starts us off tonight live on the North Lawn. Good evening, John.

JOHN ROBERTS, FOX NEWS CHIEF WHITE HOUSE CORRESPONDENT: Bret, good evening to you. The president's strategy of these debates is to come out there swinging and be very aggressive in challenging his challenger Joe Biden to make sure that Biden does not make any points without the president quickly stepping into counter him. But some changes being discussed by the Commission on Presidential Debates may challenge the president's ability to do that.

(BEGIN VIDEOTAPE)

ROBERTS: The battle over possible changes to the next two presidential debates continuing to rage today. President Trump tweeting, why would I allow the Debate Commission to change the rules for the second and third debates when I easily won last time?

RNC Chairwoman Ronna McDaniel saying, the Commission should not make any unilateral decisions, adding, why make any changes at all?

RONNA MCDANIEL, CHAIRWOMAN, REPUBLICAN NATIONAL COMMITTEE: They had that in this debate. I mean, I think that -- listen, they came out hot and they went after each other, and these are grown men and they're going to be on the world stage, and they can handle a debate. And I don't think that we need to put parameters and to make sure that it's softer and easier and nicer. They're competing to be president of the United States.

ROBERTS: One of the ideas being floated, giving the moderator a kill button to mute a candidate's mic if they go over time or excessively interrupt their opponent. The president's campaign says it was the Biden camp's idea.

Spokesman Tim Murtaugh saying, the Biden campaign knows their guy had a lousy performance, and so now they're running to the Commission to try to get the rules changed. They can't deny it because the request was made by their lead negotiator in front of plenty of witnesses.

The Biden campaign denied the charge. In a statement, Spokesman Andrew Bates saying, there's as much truth to this as the other week lies the Trump campaign told in advance of the first debate. Before Donald Trump exposed his own record on the pandemic as a failure, told violent white supremacists to standby and cratered.

And the fallout over the standby moment continue to roil today.

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: Proud Boys, stand back and standby.

ROBERTS: Yesterday, President Trump asked again whether he denounced white supremacy.

TRUMP: I've always denounced any form -- any form -- any form of any of that.

ROBERTS: But Senators Tim Scott, Mitch McConnell, Lindsey Graham and others have lingering concerns about the president's thinking.

Today, Fox News asked Press Secretary Kayleigh McEnany if the president definitively and without equivocation denounces white supremacism and the groups it espoused it.

ROBERTS: Does the president denounced white supremacism and groups that espouse it in all the forms?

KAYLEIGH MCENANY, WHITE HOUSE PRESS SECRETARY: This has been answered yesterday by the president himself, the day before by the president himself. On the debate stage, the president was asked this, he said sure three times.

Yesterday, he was point-blank asked, do you denounced white supremacy and he said I've always denounced any form of that.

(END VIDEOTAPE)

ROBERTS: For South Carolina Senator Tim Scott though, the issue appears to have not been resolved at this point. This afternoon, his Press Secretary Sean Smith in a statement to Fox News saying, "Senator Scott communicated his concerns to the White House immediately following the debate, heard from the White House earlier today, and spoke with Mark Meadows recently as well. But nothing in there about the issue being resolved to the senator's satisfaction, Bret.

BAIER: John Roberts live in the North Lawn. John thanks.

Even though Tuesday's debate was hardly considered an artistic success, it apparently was a financial one. Both campaigns are reporting major surges in donations. The Biden team is meanwhile still refusing to discuss one major issue in the race.

Correspondent Peter Doocy is with the Biden campaign tonight in Wilmington, Delaware.

(BEGIN VIDEOTAPE)

PETER DOOCY, FOX NEWS CORRESPONDENT: As the dust settles, Joe Biden is laughing.

JOE BIDEN (D), PRESIDENTIAL CANDIDATE: I had a true unique experience of debating whatever his name was, Donald Trump.

DOOCY: And he's laughing all the way to the bank, raising $31.5 million in the 24 hours after walking off stage at the Cleveland Clinic. Next is Kamala Harris V. Mike Pence.

SEN. KAMALA HARRIS (D-CA), VICE PRESIDENTIAL CANDIDATE: I don't necessarily want to be the fact-checker. At the same time, you know, depending on how far he goes with whatever he does, you know, he's going to have to be accountable for what he says.

DOOCY: Does the Biden-Harris ticket favor expanding the Supreme Court and packing new seats with liberals? Biden was just asked again.

BIDEN: I'm not dodging the question, what I'm doing is staying focused. You know, and I'm not being critical of you at all. I'll give you my word.

DOOCY: He wouldn't say on stage either.

BIDEN: I'm not going to answer the question.

DOOCY: Kamala Harris also evasive.

UNIDENTIFIED MALE: I will respectfully note that you also declined to answer that question with me.

HARRIS: Thanks for the question.

DOOCY: Other Democrats aren't waiting to see if Biden wins to plot out an ambitious progressive agenda.

SEN. CHUCK SCHUMER (D-NY): I would -- believe me, on D.C. and Puerto Rico, particularly if Puerto Rico votes for it, D.C. already has voted for it and wants it. I'd love to make them states. And as for the filibuster, I'm not busting my chops to become majority leader to do very little or nothing.

DOOCY: The Biden campaign is declining comment on threat of a lawsuit by a lawyer for alleged Kenosha shooter Kyle Rittenhouse claiming the campaign video falsely labels him as a white supremacist. Instead, Democrats are focusing their energy on earning support of voters who backed Obama, then Trump.

BIDEN: Well, I think some we can win back. Others, it's about cutting the margins. Even if we just cut the margins it makes a gigantic difference. A gigantic difference.

(END VIDEOTAPE)

DOOCY: The Biden campaign said last month that knocking on doors didn't matter because they were reaching people online and on the phone, but today the Biden campaign tells us they are about to start knocking on doors to reach people who don't pick up, something that Trump campaign has been doing since June, Bret.

BAIER: Peter Doocy in Wilmington, Delaware. Peter, thanks.

There's still no agreement tonight between the White House and the House Democrats on a new relief package for the economic victims of the coronavirus. Chief congressional correspondent Mike Emanuel has an update tonight.

(BEGIN VIDEOTAPE)

MIKE EMANUEL, FOX NEWS HOST: Talks between the Trump administration and House Speaker Nancy Pelosi are closer than they've been in months for a fifth COVID relief bill but that doesn't mean they're close to a deal.

MCENANY: We raised their offer to 1.6 trillion. Among that was 250 billion for state and local, the 250 billion for state and local is the estimated loss because of COVID. And also, there's 150 billion for schools, 50 billion above what Nancy Pelosi asked for.

EMANUEL: Pelosi cut her so-called Heroes Act from $3.4 trillion to 2.2 trillion.

REP. NANCY PELOSI (D-CA): We're hopeful that we can reach agreement because the needs of the American people are so great but there has to be a recognition that it takes money to do that and it takes the right language to make sure it is done right.

EMANUEL: Another complicating factor is many Senate Republicans don't trust Treasury Secretary Steven Mnuchin in the talks with Pelosi, worried he'll give away too much. And Senate Republicans are feeling sticker shock as the price tag goes up.

For example, Mitt Romney telling reporters he won't support it.

SEN. MITT ROMNEY (R-UT): Not likely.

UNIDENTIFIED MALE: Thank you.

UNIDENTIFIED FEMALE: Why is that sir?

ROMNEY: It's too much money.

EMANUEL: On top of the price tag, sources tell Fox News that there's distance between Pelosi and Mnuchin on key areas and pressure from key groups. The airline industry wants to get something done, not to mention restaurants across the country and small businesses needing more assistance. But there's a big difference on funding for state and local governments with Republicans worried it will bail out fiscally irresponsible estates.

The House GOP leader says there's only one person standing in the way of a deal.

REP. KEVIN MCCARTHY (R-CA): If speaker Pelosi is not involved, he'd get it done (INAUDIBLE).

(END VIDEOTAPE)

EMANUEL: House lawmakers are expected to vote on the Democrat's bill this evening. It's not going anywhere, but it could allow lawmakers to go home and campaign while talks here continue, Bret.

BAIER: Mike, thank you.

Joining us now, the Senate Majority Leader Mitch McConnell. Senator, thanks for being here.

SEN. MITCH MCCONNELL (R-KY): Glad to be with you, Bret.

BAIER: The negotiations over a coronavirus bill, possible?

MCCONNELL: Well, I hope so. I've been trying to get an outcome here for quite a while. As you may recall a few weeks ago, I put a rescue package on the floor of the Senate targeting jobs, health care and liability protection and at that point, we couldn't get a single -- the Democrat to vote for it. So, I think what's happened here is we've gotten closer to the election. The spirit of bipartisanship on coronavirus what we had in March and April has largely disappeared.

BAIER: What is your number? The House Democrats are saying they've come down. What is your number? What can you stomach?

MCCONNELL: Well, what I put on the Senate floor three weeks ago was about a half a trillion dollars, narrowly targeted at exactly what the economy needs at this point.

What the speaker did, even after coming down at $4 trillion is throw everything you can imagine into the package, including tax cuts for rich people in California and New York and free health care for illegal immigrants. That sort of thing is not appropriate.

BAIER: So, you sound pretty pessimistic.

MCCONNELL: Look, I'd like to get another rescue package. I think there's more that needs to be done for the economy, but it's important to remember we already know we have a debt the size of our economy for the first time since World War II. This has got to stop unless it's narrowly targeted at the problem.

BAIER: All right, but one more try, if they come down to 1.2, are you -- can you get there?

MCCONNELL: Bret, I'm not going to negotiate with you. The principal negotiations between the president and the speaker of the House, if they can reach an agreement, I'll take a look at it and see whether I can sell that to Senate Republicans.

BAIER: All right, speaking of selling it, have you definitively decided that if Amy Coney Barrett gets out of the Senate Judiciary Committee, let's say October 22nd, as planned, that you will have a vote before election day?

MCCONNELL: Yes, I haven't decided when the vote would occur on the floor, but we do anticipate Judge Barrett coming out of Committee on October 22nd.

I think that's a pretty likely outcome and then we'll decide when to go forward.

BAIER: Well, how much debate time should there be for a lifetime appointment?

MCCONNELL: Well, there's plenty of debate going on in committee, it started today, even without the nominee there. The American people I think really need an opportunity to get to meet and know Judge Barrett that will happen during the Judiciary Committee hearings. We were calling each other hypocrites before. What we need to see is the nominee.

We'll have an opportunity to do that over the next few weeks. She's spectacular and incredible life story, wonderful family, five kids, two adopted kids, one special needs kid. And one of her professors at Notre Dame wrote an op-ed in The Washington Post recently saying, she was the single most brilliant student he'd ever had in all of his years teaching law at Notre Dame.

BAIER: For the election lookers who say how does the Supreme Court nominee Amy Coney Barrett play for these tight Republican races? How do you see it as far as if you get this nominee through, how does it play in those risks?

MCCONNELL: Well, the pending nomination I think is a big asset. I'm happy to put this nominee front and center in my campaign. I'm happy to tell the voters of Kentucky, my opponent would oppose this outstanding nominee. I support her. I think it's an asset in my state and an asset in many, many states around the country.

BAIER: Let's say you don't get it before Election Day. Last question on this and election happens, let's say on your -- from your perspective, optimistically you hold onto the Senate majority, but there will be some senators in your caucus who lose. Is it OK for a lame-duck Senate to vote on a Supreme Court nominee to be a justice?

MCCONNELL: Well, this Republican Senate was elected for a term that ends in January of next year. The president was elected for a four-year term that ends January 20th of next year.

There are no reduced constitutional prerogatives during either of our tenures and in fact, Bret, you'll remember, two years ago when my party actually gained two seats in the Senate while we were losing the House, the biggest issue in the campaign was a Supreme Court nominee, Brett Kavanaugh.

BAIER: How do you describe the debate that happened the other night?

MCCONNELL: Well, it wasn't Lincoln-Douglas, I can tell you that.

BAIER: Does it hurt your Senate folks who are up for election this time?

MCCONNELL: Well, there'll be two more debates and I hope both the candidates will approach the next debate in a little more respectful way.

It'd be a good idea I think to let each of the candidates finish their answers.

But look, they are the candidates, they get to decide how to engage with each other and we've got two more to go and I'm hoping there will be a little better for the American people viewing.

BAIER: Yes, here's how the Hill wrote it. They said, instead of spending Wednesday touting nominee, Amy Coney Barrett, senators -- Republicans Senators spent the day fielding questions about the president's refusal to directly rebuke White House -- white supremacist groups or to commit to a peaceful transfer of power.

Senator Tillis, who's trailing his Democratic opponent in recent polls, declared white supremacy or any organizations that are antagonistic should be condemned 24/7.

Senator Daines, who's in a tough reelection race, quipped, it was a barroom brawl and as we say in Montana, it got a little Western at times.

So, it just takes some days away from the campaigns.

MCCONNELL: Well, with regard to white supremacists, no place to that in America. I, and others, all of my colleagues condemn it in the strongest possible terms. I thank Senator Tim Scott from South Carolina, probably said it better than anyone. We all would be better off immediately condemning white supremacy wherever we hear references to it.

BAIER: If the election does not get decided on November 3rd, and there are some states that are still having problems getting to finding their final number with their electors, how do you think that would look from a congressional perspective?

MCCONNELL: Well, it could happen. I mean, there is no question that how elections are conducted or decided in each of our states. And some states have adopted an approach to this with regard to the counting of mail-in ballot, it could delay the results. It could happen.

Would have to wait to find out who won. But there's nothing that federal government can do about that. If a given state decides to conduct an election in a certain way, that's the way it will be conducted.

In my state, for example, we used to mostly vote in person. This time, there'll be more mail-in voting because of the coronavirus. I accept that as the outcome in my state of how the election is going to be conducted, and I'll adjust my campaign accordingly. Who knows?

I mean, we think this will be settled well before the end of the year no matter, you know, how many states may end up having short-term election disputes. We saw it in 2000, go on for five weeks. But it was settled well and advance of the time for the new president, the new Congress to be sworn in.

BAIER: Senator Mitch McConnell, we appreciate your time.

MCCONNELL: Thank you, Bret.

BAIER: Up next, the federal government gets out of the business of distributing one particular treatment for COVID-19.

First, here is what some of our Fox affiliates around the country are covering tonight. Fox 9 in the Twin Cities, as the Mall of America, says it will open some of its space to local businesses impacted by COVID-19 and civil unrest.

The 5,000 square-foot area will have space for 17 independent shops. It will remain in place until next spring.

Fox 8 in Cleveland, as two men are detained by police after they admit to scaling a fence at progressive field so they could watch the playoff game between the Indians and the Yankees.

Also tonight, Major League Baseball, says it will allow about 12,000 fans into each game of the National League Championship Series and to the World Series. Those games will be played in Arlington, Texas.

And this is a live look from Atlanta, our affiliate Fox 5 down there. The big story there tonight. Jimmy Carter turns 96. He is the longest living former U.S. president. The Carter Center is encouraging people to post a birthday message on its web site.

Happy birthday, President Carter. That's tonight's live look "OUTSIDE THE BELTWAY" from SPECIAL REPORT. We'll be right back.

(COMMERCIAL BREAK)

BAIER: A judge has ruled the Trump administration can move forward with its lawsuit against former national security adviser John Bolton over his tell- all book. The judge has denied a request to dismiss the complaint.

The Justice Department alleges Bolton's book contains classified information. Bolton's lawyers say he worked carefully with the White House to make sure no classified data was included in the book.

Health officials are urging Americans to get a flu vaccine this month as they try to avoid a second epidemic to go along with the coronavirus.

Manufacturers have produced record numbers of doses with as much as 198 million expected in the U.S.

There's new concern tonight, however, over the safety of one of the leading vaccine candidates for the coronavirus. It is now easier for medical facilities to obtain one particular therapy for COVID-19 as well.

Correspondent Jonathan Serrie reports tonight from Atlanta.

(BEGIN VIDEOTAPE)

JONATHAN SERRIE, FOX NEWS CORRESPONDENT: Starting today, U.S. hospitals can purchase Remdesivir without having to go through the federal government.

Health officials say once limited supplies of the emergency treatment have increased to the point, they no longer require federal oversight.

Human trials of AstraZeneca's coronavirus vaccine remain on hold in the U.S. as the FDA expands its investigation into whether a serious illness in a British participant is related to the drug or coincidence.

Sources tell Reuters, federal regulators will compare data from previous studies on similar vaccines by the company's research partner, University of Oxford.

The CDC has extended its no sale order for cruise ships in U.S. waters through October 31st. Federal health officials, say even with reduced passenger capacities, recent outbreaks on ships overseas suggest infections would spread in the U.S. if operations resume prematurely.

Although several positive tests forced the Titans to delay next Sunday's game against the Steelers, the Vikings who played the Titans last weekend plan to go forward against Houston this Sunday, as their players continue to test negative.

NFL venues are exploring high-tech solutions, including disinfectant spraying drones at Mercedes-Benz Stadium, home to the Atlanta Falcons. And at Bank of America Stadium in uptown Charlotte, the Carolina Panthers have deployed a robot that zaps pathogens with ultraviolet light.

MORRIS MILLER, CHIEF EXECUTIVE OFFICER, XENEX DISINFECTION SERVICES: The LightStrike robot is the only device that has been proven to kill SARS-CoV-

2 that causes COVID-19, in two minutes.

(END VIDEOTAPE)

SERRIE: Florida State University is just the latest to cancel spring break.

FSU officials say they want to reduce the chances of students bringing the virus back to campus after returning from vacation. Bret?

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

Stocks were up today. The Dow gained 35, the S&P 500 finished ahead 18. The NASDAQ rose 159.

Up next, U.S. airlines take another massive hit from the coronavirus. We'll explain.

First, "BEYOND OUR BORDERS" tonight. Hong Kong police arrest at least 60 people on suspicion of unauthorized assembly during China's National Day holiday. Crowds gathered on the streets of a popular shopping district, chanting, pro-democracy slogans. Police say those arrested ignored repeated warnings, asking them to disperse.

The Tokyo Stock Exchange plans to resume normal operations Friday. It halted trading for the day due to what it calls a malfunction it's -- in its computer systems. It says there's no indication the outage was the result of hacking or other cybersecurity breaches.

German police say French urban climber Alain Robert, faces a criminal investigation and a fine after scaling one of Frankfurt's tallest buildings. Robert is known as Spider-Man for his daring stunts.

He climbed to the top of a 545-foot high office building in Germany's financial capital, untethered and wearing a silver suit and cowboy boots.

Just some of the other stories "BEYOND OUR BORDERS" tonight. We'll be right back.

(COMMERCIAL BREAK)

BAIER: White House Press Secretary Kelly McEnany, says the administration is still open to standalone legislation to help U.S. airlines weather their financial crisis triggered by the coronavirus pandemic.

American Airlines and United Airlines are beginning furloughs of more than

32,000 workers. Correspondent Casey Stegall reports tonight from Dallas.

(BEGIN VIDEOTAPE)

CASEY STEGALL, FOX NEWS CORRESPONDENT: Navigating the business of air travel in the face of a global pandemic is only getting more turbulent.

EMILY MARSH, FURLOUGHED FLIGHT ATTENDANT: As of now, I've worked my last flight. I am now furloughed and just waiting to see what happens.

STEGALL: Flight attendant Emily Marsh is one of more than 19,000 American Airlines employees who have gotten pink slips this week.

MARSH: I'm losing the job that not only was a job, it was my career.

STEGALL: Similar fates also playing out for at least 13,000 at United Airlines. Delta says it has plans to resume furloughs next month after already trimming more than 18,000 jobs. The shake-up comes after federal funding for airlines through the CARES Act expired at midnight on Tuesday and no new deal or extension has been reached.

KAYLEIGH MCENANY, WHITE HOUSE PRESS SECRETARY: We are willing to look at a plan, legislation that is just clean legislation to protect those airline workers. Nancy Pelosi, rather than playing election partisan politics, should come to the negotiating table.

STEGALL: Though some critics say the airlines have been helped enough, already taking more than $25 billion from the feds last spring.

MIKE DAVIS, SOUTHERN METHODIST UNIVERSITY: Lots and lots and lots of people are suffering because of this virus, and it's not exactly clear why we should look specifically at the airline industry and bail them out.

STEGALL: Airline executives say they will be able to rehire people and reverse course if Washington comes up with a plan.

MARSH: I don't have a plan b right now, so I don't know.

(END VIDEOTAPE)

STEGALL: Despite doing financially well prior to the pandemic, analysts say that airlines spent more than 96 percent of their cash profits on stock buybacks in the last 10 years. Also, air travel is down about 70 percent from this time last year. Bret?

BAIER: Casey Stegall in Dallas. Casey, thanks.

Secretary of State Mike Pompeo is urging the Vatican to condemn violations of religious freedom in China. Pompeo talked with FOX News senior foreign affairs correspondent Amy Kellogg while in Rome.

(BEGIN VIDEO CLIP)

MIKE POMPEO, SECRETARY OF STATE: I know that the Catholic Church, the Vatican, the Holy See all care about these issues deeply. We've urged them to take a stronger view, to express their moral witness against these depredations that are taking place there in China. I was honoring the Catholic Church's power, its capacity for moral good around the world. I believe that deeply, and we urge them to continue to use their persuasive power.

(END VIDEO CLIP)

BAIER: Pope Francis refused a request to meet with Pompeo, citing the Vatican policy not to grant papal audiences during election campaigns. You can see more of Amy's interview at FOX News.

Into night's Focus on Faith, Joe Biden and the Catholic vote. The Democratic presidential nominee mentioned his faith and heritage during Tuesday's debate, but can he really count on fellow Catholics come November? Religion correspondent Lauren Green takes a look tonight.

(BEGIN VIDEOTAPE)

BIDEN: They looked down their nose on people like Irish Catholics like me.

TRUMP: He's against God.

LAUREN GREEN, FOX NEWS CORRESPONDENT: It's a fight for the Catholic vote.

Since 1972, Catholics have sided with the winner of every presidential election, but one, Bush-Gore in 2000.

JOHN CARR, GEORGETOWN UNIVERSITY: I think you can say that a good predictor of who's going to be in the White House in January is who wins the Catholic vote.

GREEN: In this election there is a growing schism between conservative and liberal forces of the faith, which is why one conservative Catholic organization is pouring nearly $10 million into a campaign to reelect Donald Trump.

BRIAN BURCH, CATHOLICVOTE.ORG PRESIDENT: The problem is voters are not voting for someone's personal faith. They're voting for what they will do in public office as a matter of public policy.

GREEN: Brian Burch of CatholicVote.org says despite Biden's Catholic roots, he sees him as an existential threat to the faith's underpinnings. Biden was once staunchly pro-life, but is now swinging hard left with his support for abortion and against the Hyde Amendment, which forbids federal funding of abortion. But for Catholics who are staunch Biden supporters, it's not about policy as much as personal character, at a time when the nation needs healing from months of racial divisiveness and a global pandemic.

CARR: I can't in this election, as much as I am committed to the pro-life cause, say that Donald Trump's pledges outweigh the harm, the damage he has done and can do, especially when you have an alternative who is flawed and who I disagree with, but is a decent human being.

GREEN: According to a recent national FOX News poll, among all likely Catholic voters, Biden-Harris are favored 51 to 48 percent, but among white Catholics, the Trump-Pence team has a 54 to 44 percent advantage.

(END VIDEOTAPE)

GREEN: Tonight, President Trump and Joe Biden will have a chance to reach out to the faithful at the largest Catholic fundraiser, the Al Smith Dinner, which will be a virtual event this year. Of course, the only poll that really matters though is at the ballot box. Bret?

BAIER: That's true. Lauren, thank you.

Up next, the panel on possible changes to the presidential debates, including perhaps a mute button. Keep your button right here.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

JOE BIDEN, (D) PRESIDENTIAL NOMINEE: I'm not dodging the question. What I'm doing is staying focused. If I answer the question, no matter which way I answer it, then that becomes the headline tomorrow. That becomes the headline for the next three days, the presidential nominee says he's going to or not going to do the following, instead of focusing on the violations of the principle of the Constitution that's going on right now.

(END VIDEO CLIP)

BAIER: Joe Biden asked again about whether he's for packing the Supreme Court, in other words, adding justices to the Supreme Court, a big change.

He's essentially saying elect him first and then he will tell you.

Let's bring in our panel, former White House press secretary, Ari Fleischer, Julie Pace is the Washington Bureau Chief for the Associated Press, and "Washington Post" columnist Marc Thiessen. It is interesting, Ari, to hear that answer, or non-answer, again. That's what he said in the debate as well.

ARI FLEISCHER, FORMER WHITE HOUSE PRESS SECRETARY: It's his job. When you're the president, you do make headlines, you do get known for the positions you take. Obviously, he's happy to take positions on taxes, on the environment, on other issues. So what's special about this?

What's special, Bret, is I think we just need to just assume Joe Biden is going to pack the court. Joe Biden is going to support Democrats ending the filibuster, thereby creating a state of D.C., a state of Puerto Rico so they can pack the Senate. If he won't tell us and he won't explicitly say I'm against it and I'll veto it, the only thing a reasonable observer can conclude is he's for it, but he doesn't want to take the heat for saying it.

BAIER: Julie, here's the Senate majority leader earlier in the show about the timing on Judge Barrett.

(BEGIN VIDEO CLIP)

MCCONNELL: This Republican Senate was elected for a term that ends in January of next year. The president was elected for a four-year term that ends January 20th of next year. There are no reduced constitutional prerogatives during either of our tenures.

I haven't decided when they are vote would occur on the floor, but we do anticipate Judge Barrett coming out of committee on October 22nd. I think that's a pretty likely outcome, and then we'll decide when to go forward.

(END VIDEO CLIP)

BAIER: Julie, just reading between the lines there, it sounded like there might be a political benefit, he thinks, to make the vote after the election.

JULIE PACE, WASHINGTON BUREAU CHIEF, ASSOCIATED PRESS: Yes, there are a couple of considerations that McConnell is weighing here. One is he said Barrett will almost certainly come out of committee in time to have a vote before the election, but there are a couple of concerns with that. One is really about some of these vulnerable Republican senators, somebody like a Susan Collins, who yes, she has said she wouldn't vote in favor of a justice before the election. But it's one thing to say it, and it's another thing to have to do it when you're right up against a hard election. And so I think that there is some consideration to giving someone like a Susan Collins, a Cory Gardner, a little bit of space in pushing this beyond the election.

There are risks in doing that, though, particularly if President Trump loses and Democrats take back the Senate. Yes, McConnell said, and he's right, that their terms to extend, but the political dynamics could change.

And there's of course the possibility that we won't know the outcome of the election for some time, particularly if it's quite close.

BAIER: Well, what about that, Marc, a lame duck Senate, let's just -- you could assume the worst of it Republican point of view, that they lose control of the Senate. Maybe Donald Trump loses the election November 3rd.

But he is suggesting that this Senate is all the way to January, and then could approve a lifetime justice on the Supreme Court. Is that going to fly?

MARC THIESSEN, AMERICAN ENTERPRISE INSTITUTE: No, it's not going to fly. I think they have to do it before the election. The president has -- it's the height of legitimacy up until Election Day because he's got a mandate from the voters from the last election. Once the voters go to vote, yes, he is still president, yes, the Senate still has those powers until a new Senate is seated. But if the voters just kicked him out of office and kicked the Republicans out of office, then it really is seen -- the Americans will see it as less legitimate.

They have a mandate now. They need to do it. This is a winning issue for Republicans overall. In 2016, when Donald Trump ran, 26 percent of his voters said the number one issue for them was the Supreme Court. This is a shot in the arm. Victory begets victory. If you get a Supreme Court win the week before the election, that's going to be a shot in the arm to voters.

They're going to go out and they're going to vote Republican to reward the president and say we want more of this.

BAIER: All right, possible debate changes, take a listen to both sides.

(BEGIN VIDEO CLIP)

JASON MILLER, TRUMP CAMPAIGN SENIOR ADVISER: We do not want any changes to what has already been laid out and what has been agreed to. We're looking forward to participating in both the second and third debates. I think the real question is whether or not Joe Biden will actually show up.

REP. NANCY PELOSI (D-CA): People say, well, they should've had a button that turned one microphone off while the other person is speaking. Whatever it is, I think one and done -- one and done.

(END VIDEO CLIP)

BAIER: Speaker Pelosi doesn't want any more debates, but the proposal potentially is to have a mute button. Your thoughts?

FLEISCHER: Terrible idea. I want the candidates to self-mute little more. I don't want anybody external to mute them. It's not appropriate. And any moderator who puts themselves in the position of muting the man running for president, the sitting president, and the former vice president running for president -- think about that person after the debate is over. You muted one candidate 52 times. You only muted the other 30 times. This is not the appropriate way to conduct a debate.

It's up to the candidates. And the candidates are going to either be seen for their merits and their warts. And if they have each, we need to know it as a country. So it's live TV, the candidates on stage have to show America who they are, how they behave, how they speak, and how polite they are. And if you don't think being able to hear a candidate is an important issue, then don't worry about interruptions. If you're like me and you thought that debate was a train wreck because you couldn't hear what people were saying because all they did was talk on top of each other, then you want them to behave better standing on that stage. So self-mute.

BAIER: Julie, this issue may be moot -- not mute, moot, because the next one is a town hall where the candidates are interacting with voters.

PACE: Absolutely. The format of that debate I think may actually act as the biggest change in candida behavior here. It's not just going to be two of them on stage. They are going to have voters with them. And so much of that debate is about how the candidates seem to interact with those voters, particularly when they are taking really personal questions about things going on in these people's lives. And I think both of the candidates will have to take that into consideration. What do you want your posture, your attitude to be when you're literally surrounded by Americans who are bringing pressing questions to you?

BAIER: Yes. And next week the V.P. debate in Utah, we'll be there, tune in.

Up next, Joe Biden and the Catholic vote.

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TRUMP: He's following the radical left agenda -- take away your guns, destroy your Second Amendment, no religion, no anything.

BIDEN: They looked down their nose on people like Irish Catholics like me who grew up a Scranton.

TRUMP: I hold a Bible in front of a church that they tried to burn down the day before, and they say, isn't he a terrible human being?

BIDEN: He came out of his bunker, had the military use tear gas on them so he could walk across to a church and hold up a Bible. And then what happened after that? The bishop of that very church said that it was a disgrace.

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BAIER: Joe Biden in the debate mentioning that he's Irish Catholic. No one saying the Catholic vote is monolithic, but it is important -- 11 of the past 12 elections, the winner had the winner of the Catholic vote as well.

This as the Senate continues to Judge Amy Coney Barrett. Chuck Schumer, the Senate Minority Leader saying about this confirmation process, quote, "Not a single Democrat will make these attacks or make personal religious beliefs an issue." Republicans putting out that Mazie Hirono yesterday saying she is not sure whether her, Barrett's, closely held views can be separated from her ability to make objective, fair decisions. The Republicans inferring religious views.

We're back with our panel. Marc, what about this and the Catholic vote?

THIESSEN: First of all, there really isn't a Catholic vote per se. If you look at the numbers in 2018, about 50 percent of Catholics voted for the Democrats and about 49 percent voted for Republicans, and they tend to split more on issues along party affiliation than church affiliation.

What the difference is between mass-going Catholics, people who go to mass regularly, and those who don't, those mass-going are really much more in line with evangelicals and are indistinguishable from evangelicals on everything except transubstantiation.

But the issue for Catholics in this election is that Joe Biden, if he is elected, will be the first Catholic president in American history who supports taxpayer-funded abortion on demand up until the moment of birth, which is a Democratic orthodoxy. For 47 years he supported the Hyde Amendment. He reversed it in order to get this nomination. That is a scandal for the Catholic Church. The Catholic Church teaches, and it's not an optional view for faithful Catholics, that human life is sacred and the taking of unborn life is a grave moral evil. Joe Biden dissents from that position. And so his candidacy is a scandal for the Catholic Church. And the bishop's silence on this, the fact that they're going to have a Catholic president who rebuts them on the fundamental issue of human life, that's a scandal. Their silence is a scandal.

BAIER: House Speaker Nancy Pelosi holds that same view, Julie. It's interesting to see the Democratic nominee kind of drop in the Irish Catholic into the debate on Tuesday night.

PACE: Yes, look, Biden's Catholic faith is something he has talked about for quite some time. He is a churchgoer, he brings a press pool with him when he goes to church now on Sundays because he's the nominee. So he certainly doesn't hide his faith. And he also has talked pretty openly over the years about this kind of balance between his faith and some of his public positions, particularly about abortion. And it has been a bit of a kind of tortured process, and he is pretty open about that. And I think that he tries to speak to Catholics who have that same internal debate about the teachings of the church and perhaps their own views.

BAIER: Ari, which makes this confirmation process with Judge Barrett all that more potentially precarious this close to an election.

FLEISCHER: Absolutely. If the Democrats at that hearing say anything that makes it appear as if she is not qualified to sit on the Supreme Court because of her faith, because the dogma lives too loudly in her, as Senator Dianne Feinstein said, it's going to put the Democrats in a very uncomfortable position.

We are a very tolerant country, and we understand that one of the things that people have in them that makes them good people is a mix of issues.

It's your ideology, it's your personality, it's your faith, it's your traditions, it's your heritage. All of this goes into making us who we are as individuals. And when someone he says that the religion in you speak steel loudly, we offend. That is an offensive thing to say.

Now, in the public square we don't make rulings based on religion, but we welcome everybody into the public square no matter whether they're religious or irreligious, and that's the line the Democrats have to walk.

So they better stick to ideological attacks, not religious attacks.

BAIER: All right, panel, thank you very much.

When we come back, two stories for the generations.

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BAIER: Finally tonight, from one generation to another.

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BAIER: In a video from her Instagram, Cat Sims gifted her parents a wine bottle with a special surprise. Her father was overwhelmed with emotion when he read the label saying "Drink this for me. You're a grandpa to be."

You see the wine bottle's label had that message and an image of her sonogram. Great news.

As Randy Long cleaned out his garage in Montgomery, Alabama, he found an old bucket of baseballs and donated them to a local batting cage. With that, the 72-year-old left a note of how he used to pitch those same balls to his son and then to his grandson. He hopes the next generation of dads and grandpas will continue that tradition, passing on some good pitches.

From one generation to another.

Thanks for inviting us into your home tonight. That's it for this SPECIAL REPORT, fair, balanced, and unafraid.

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