McEnany accuses New York Times of 'hit job' with Trump taxes report
White House press secretary contrasts the records of President Trump and Joe Biden on 'The Story'
This is a rush transcript from “The Story with Martha MacCallum" September 28, 2020. This copy may not be in its final form and may be updated.
MACCALLUM: So, good evening, everybody, I'm MarthaMacCallum, live in a rainy Cleveland, Ohio, tonight, which is, of course, the site of the first presidentialdebate. We are now just over 24 hours away.
Reports from the inner circles of both camps that came out today say that the Biden camps hoping to avoid anything that might spark his temper or tendency toward defensiveness. While Politico describes some on the Trump team as worried that the president may have set the bar too low for his opponent with repeated attacks on his age and his acumen. So, in moments, we will ask White House Press Secretary Kayleigh McEnany. She is on theteam helping the president prepare for tomorrow night. She's also working on the confirmation ofJudge Amy Coney Barrett, which some are already calling a knife fight.
Here is what some of that team - what that team isup against in the efforts to stall the process.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: The ability to move forward with whatever strategy, whether that's impeachment. Those are decisions that will be made by leadership.
REP. NANCY PELOSI (D-CA): We have our options. We have arrows in our quiver that I'm not about to discuss right now.
REP. ALEXANDRIA OCASIO-CORTEZ (D-NY): Wemust commit to allowing and to considering and to utilizing every single procedural tool available to us again to buy that time.
(END VIDEO CLIP)
MACCALLUM: So, later tonight, we'll be speaking with a group of suburban women voters, obviously areally important group of voters in Ohio and across the nation, some of them are liberals, some conservatives, some independents. And we asked them a lot of things. One of the things that we did ask them for was their reaction to the timing of thepresident's nomination. Watch this.
(BEGIN VIDEO CLIP)
MACCALLUM: Would you rather that the president waited until after?
UNIDENTIFIED FEMALE: Yes, I think we should have waited until after the election.
MACCALLUM: Do you agree?
UNIDENTIFIED FEMALE: I know that fill the seat--
UNIDENTIFIED FEMALE: I don't think. I don't agree.
MACCALLUM: The timing was OK.
UNIDENTIFIED FEMALE: Constitutionally, we needed to do it.
UNIDENTIFIED FEMALE: We could have waited, and we should have waited because if Trump wins, then he has every right to put forth that candidate.
(END VIDEO CLIP)
MACCALLUM: More from them later in the show tonight. Plus, Judge Amy Coney Barrett's sister will join us exclusively. She will respond to the brutal attacks on her sister's record, religion, and ability to serve on the Supreme Court, being a mother ofseven children. Lots to get to tonight.
So, we begin with Kayleigh McEnany. Kayleigh, thank you very much. Good to have you here tonight.
KAYLEIGH MCENANY, WHITE HOUSE PRESS SECRETARY: Thank you, Martha.
MACCALLUM: So, I know the president and you have basically said, the president gets preparation every single day, he takes a lot of questions. A lot of those questions are pretty aggressive, but the debateenvironment is a little bit different. You're up there with your opponent in this presidential race and amoderator who is analyzing obviously things you've said in the past and sort of holding your feet to thefire on that. Is there any concern that he hasn't done enough prep?
MCENANY: Now, the president has done enough preparation. As he noted yesterday, he was with Governor Chris Christie, Mayor Rudy Giuliani, and others. So, he has had some sessions to prep, but really and we lean very hard on this, you can have better preparation than taking the most hostile ofquestions from the White House press corps each and every day, multiple cases and oftentimes on theway to the plane, on the back from the plane, in thepress briefing room. But he has done some additional press and he is ready to go for tomorrow.
MACCALLUM: Sure. How many sessions would you say has he done with Rudy Giuliani and Chris Christie, just for example?
MCENANY: I don't want to get into the exact number, but he has had a few sessions with them and he's ready to go.
MACCALLUM: OK, with regard to the Biden camp and how they're preparing and what they expect. This is Joe Biden just the other day on what he expects.
Let's watch.
(BEGIN VIDEO CLIP)
JOE BIDEN (D) PRESIDENTIAL NOMINEE: How to do.
(END VIDEO CLIP)
MACCALLUM: I think we just lost that. If we have it, you guys let me know, but here's what he said. He said, my guess is that it will be just straight attack. They're going to be mostly personal. It's the only thing he knows how to do. He doesn't know how todebate the facts because he's not that smart. Your reaction to that, Kayleigh?
MCENANY: Yes. What a ridiculous statement. It will be a comparison. Look at the comparison between the previous eight years and the last four years.
You had eight years of Obama-Biden, where you had 300,000 veterans who were on a waiting list, who died waiting for care versus a president who came inand fix the VA.
You had the slowest economic recovery since World War II under Obama-Biden on track to the hottest economic recovery we are seeing now in modern history. It is a contrast. This president has three and a half years of the results to stand on. That nowincludes Middle East peace and he will be making that case.
MACCALLUM: So, with regard to this tax story, TheNew York Times, which I know you and the president have said is a fake news story, that the tax attorney on Garten came out and said that he didn't believe that - he said there were a lot of inaccuracies, I believe as well the way you put it in the story. TheBiden team didn't waste any time jumping on that story, though. This is just a little slice of a new ad that they have out there.
(VIDEO PLAYING)
MACCALLUM: So, I don't think you could see that, but you could hear it. So, basically it says registered nurse pays about $10,000 in taxes and that's the firstimage. And then it dissolves to President Trump and it says paid $750. Your thoughts on that because I'msure we're going to hear more about that tomorrow night.
MCENANY: Yes. So, the president's attorney came out and said the president has paid tens of million dollars in personal taxes over 10 years and millions, since 2015 since he declared his candidacy. But what you have is a president who has proactively donated his salary to the U.S. Treasury.
And meanwhile, you have news that broke just last week from the Senate, Hunter Biden getting $3.5 million while his dad is vice president. So, there's avery clear contrast. The president gives to the U.S. Treasury while Russia gives to Hunter Biden.
MACCALLUM: Is there any consideration to release some of those documents showing those tens ofmillion dollars in tax payments to make that point ina very clear and undisputable way?
MCENANY: The president is not going to take part in a New York Times hit job. The New York Times did this, notably just days before the debate in 2016. Here they go again. Also noteworthy in the New York Times story as they say, there's no Russia-Trump connection that they found in these records they allegedly had. This from the same publication that won a Pulitzer on fake Russia collusion.
MACCALLUM: All right. Let's talk a little bit about theAmy Coney Barrett decision and the defense of her which I know the president has said they're going to launch a very fierce defense. Is there any - I'm sure you have been vetting all that you can and lookinginto any potential surprises. I don't think anyone expects a surprise, that is of the nature of what happened to Bret Kavanaugh. But are there any concerns or things that you have found that you think might be an issue and anything you want to get in front of?
MCENANY: No, because Amy Coney Barrett has asterling reputation and graduating number one inher class at Notre Dame, you have Laurence Tribe, aLeft leaning Harvard law professor who has come out and said she is fit for the job. You have people on both sides of the aisles who have noted this inthe legal community, but notably in the partisan community of Senate Democrats.
You don't have any Senate Democrats stepping up, putting politics aside and agreeing with Laurence Tribe, among others, that she is extremely qualified, a mother of seven remarkable reputation, and she isa sterling candidate that should be approved. But make no mistake, Democrats will engage in partisan gimmickry.
MACCALLUM: We expect those hearings to get underway mid-October. Kayleigh, thank you very much. Good to have you here tonight. Thank you.
MCENANY: Thank you, Martha.
MACCALLUM: So, just ahead tonight, we have astory exclusive with Megan Edwards. She's the sister of the Supreme Court nominee, Amy Coney Barrett, speaking out about the recent attacks on her sister's faith and her family.
We'll talk to her about that.
Also, tonight, we will speak with a group ofsuburban women here in Ohio.
Talk to them about the election, what their neighbors think, what their friends think, which way they think this whole thing is going to go. As thecandidates try to win over the vote of these women. Just 36 days to go back in Cleveland right after this.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: A lot of the Trump signs have been taken in our city.
They're being removed. And the conservatives aren't reciprocating that for Biden signs.
(CROSSTALK)
UNIDENTIFIED FEMALE: And Columbus, Ohio.
UNIDENTIFIED FEMALE: And in Cleveland.
MACCALLUM: You think that's not true?
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
BIDEN: This administration believes they found aloophole in the tragedy of Justice Ginsburg's death. They see an opportunity to overturn the Affordable Care Act on their way out the door.
(END VIDEO CLIP)
MACCALLUM: So, expect to hear that line of attack quite a bit from Vice President Joe Biden and his supporters in the days and weeks to come. It is thesame argument, really, that was used by Democrats in the midterms in
2018 when they successfully flipped control of theHouse. So, politically, they see it as a very useful tool in the election cycle and we are likely to hear a lot about it. It's also being used in this situation against a Supreme Court nominee, Judge Amy Coney Barrett.
So far, at least two out of the 10 Democrats on theSenate Judiciary Committee, Senator Mazie Hirono and Senator Richard Blumenthal, say that they're not going to meet with Judge Barrett. Do the private meetings that you've seen happen over the courseof history in their offices for these confirmation hearings? And Senator Blumenthal called it an illegitimate sham process.
Democrat Senator Chris Coons also sits on theHouse, on the Senate Judiciary Committee, and joins me now. Senator, thank you for being here.
Good to have you here tonight.
SEN. CHRIS COONS (D-DE): It's always good to be on with you, Martha. We've got a lot to talk about tonight.
MACCALLUM: We sure do. So, what do you think about them saying that they won't meet with her? And I understand that you do plan to meet with her.
COONS: Yes, Martha, look, we're in the middle of apandemic, so whether I'll meet with her in-person or talk with her by phone, I think that's part of thenormal process of considering a nominee. But this isnot normal timing. We're just 36 days out from apresidential election and we should not be having this rushed process. We should have the time to consider Judge Barrett's writings, her opinions, things that she said as a law professor so that wereally can weigh her nomination.
MACCALLUM: She was just confirmed a couple ofyears ago by a decent margin.
So, it's not as if you're starting from scratch. And wehave seen these sorts of processes take place in thetimeframe that we do have, correct?
COONS: That's right. But there is no precedent inour history for the Senate confirming a presidentialnominee to a Supreme Court vacancy this close to an election, where I'll remind you, more than half ofthe American states have already started voting. 27 states have folks. More than a million votes have already been cast in the presidential election. That's why I think it'd be more appropriate for the voters to choose the next president, the next president to choose Justice Ginsburg's successor.
MACCALLUM: Well, some of the polls definitely agree with you and some of the folks that we spoke here within Ohio agree with you as well. I'm curious, I would imagine that then Senator Hirono and Senator Blumenthal would probably not - they would also not ask questions at the hearing, I would imagine, given that they don't seem to have any questions for her, if they don't want to even do theinitial meeting--
COONS: Well, I'm sure they have questions for - Martha, speaking for myself, I certainly intend to question her. I questioned her in her previous hearing, and I think Judge Barrett, who's got astrong record of teaching at an admirable university, a beautiful family. That's not what's at issue here. What's at issue is her judicial philosophy, her policies.
And so, I look forward to questioning her about that.
President Trump, before he chose her, said that he would only pick someone for the Supreme Court who would overturn the Affordable Care Act. And as you know, that's on the docket of the court just aweek after the election.
So, if she's newly confirmed, she will be joining theSupreme Court to hear that important landmark case. And she has previously criticized the decision by which Chief Justice Roberts upheld theconstitutionality of the Affordable Care Act.
MACCALLUM: Right. But as you know that they thepresident said they didn't discuss how she would decide on any cases. And given her history and her writings, I would find it very, very unusual if they had discussed any specific cases or how she would decide on them, since they're not before her yet.
The other thing that I would just mention is that thecase that you just referred to with regard to Justice Roberts was looking at the health care bill in a very different light. It was not - it was all in one piece at that point. Now, the individual mandate has been dropped out and the case that they're about to hear has to do with severability, whether or not the rest of the law still stands, having had that part removed.
And typically, a conservative jurist is likely to lean on the side of allowing the rest of the law to stand, justgiven the history of how conservatives have tended to judge that sort of case. Of course, I can't say how she would at this point.
COONS: Well, it'd be a great surprise if she actually upheld the Affordable Care Act, great, because that would leave in place protections for the 100 million Americans who have pre-existing conditions, the 7 million more who've been infected in this out ofcontrol pandemic and thus have a new pre-existing condition.
And Martha, as you well know, Justice Ginsburg dedicated her life to fighting for gender equality. And one of the key provisions of the Affordable Care Act prohibits insurance companies from discriminating against women for being women. It's hard to believe, but insurance companies have in thepast charged women more just for being women have treated pregnancy as a pre-existing condition. That's something the ACA bans. And that's why I think it's so important that it's on the ballot and it's on the docket of the Supreme Court.
MACCALLUM: Now, well, I think most Americans would probably agree that that would be unjust. Thank you very much, Senator Coons. Good to see you tonight. Thanks for your time as always.
COONS: Thank you, Martha.
MACCALLUM: So, coming up, Megan Edwards, sister of Supreme Court nominee Amy Coney Barrett joins us exclusively. Coming up next.
(BEGIN VIDEO CLIP)
DONALD TRUMP, PRESIDENT, UNITED STATES OFAMERICA: We have noticed some comments made in the media about my incredibly qualified nominee, Amy. The New York Times said her religion is not consistent with American values.
She's Catholic. That covers a lot of people. That's avery disgraceful thing to say.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
TRUMP: On the religious situation with Amy, I thought we settled this 60 years ago with theelection of John F. Kennedy, but seriously, they're going after her Catholicism. I will stand with her, fight with her, and we will make sure that these attacks stop.
(END VIDEO CLIP)
MACCALLUM: Ahead of the brewing confirmation battle on Capitol Hill, Supreme Court pick Amy Coney Barrett has come under some intense criticism and even mockery for convictions outside of her judicial record, including having to do with her family and her faith.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: We'll all be saying this name alot, I'm sure, because she's (inaudible) sorry, but Amy Coney Barrett, Catholic, really Catholic, I mean, really, really Catholic, like speaking in tongues.
(END VIDEO CLIP)
MACCALLUM: Boy, that sounds like a horrible thing to be. Megan Edwards joins me, sister of Amy Coney Barrett. Megan, thank you so much for being here tonight. It's great to have you with us.
MEGAN EDWARDS, SISTER OF AMY CONEY BARRETT: Thank you. It's my pleasure.
MACCALLUM: I can't imagine, when you're thinking of your sister, what goes through your body? I'mpicturing it would be like selling a bolt going through me if someone said this about my sister that she is - you heard his phrase blank nuts and that she is Catholic, Catholic, Catholic, as if it was aswear word.
EDWARDS: I mean, people are entitled to their opinions, but I think what's important for people to know is that, yes, Amy is a person of faith. She prays every day. She and her family go to church together. But I think it's also important to realize that peopleall across America also are people of faith and also go to church.
And to me, I think this is a non-issue. She's been very clear that she will be able to do her job and will apply the Constitution, how it is, and not in part her own opinions and her own beliefs.
MACCALLUM: Yes, there's another person who basically said that the fact that she adopted two children from Haiti, and we all had the great experience of seeing her beautiful family and theRose Garden the other day on TV. And this professor at Boston University said, white colonizers adopted black children. They civilized these savage children in the superior ways of white people while using them as props in their life long pictures of denial while cutting the biological parents of these children out of the picture of humanity, knowing your sister and knowing her family and your niece and nephew who were at the White House the other day. What do you think when you hear that?
EDWARDS: I think if people knew Amy and knew thesister that I know, they would just see love. Her family is the most important thing to her. She - her work life, her home life everything is so that her children know that they are important. She as amatter of fact, when her husband gave a speech at her investiture to the Seventh Circuit, I'm pretty sure the quote said, Amy, no one can out love Amy. And that is what she does with her family.
She wakes up early in the morning to get her work done so that she can bake a cake for her children's birthday. And I'm not talking about any little cake.
I mean, her kids have requested--
MACCALLUM: You're making everybody feel really--
EDWARDS: Yes. She spent hours--
MACCALLUM: Across America are like, oh, my gosh, good for her.
EDWARDS: Yes.
MACCALLUM: What can you tell us about those two children, your niece and nephew and what brought Amy and her husband Jesse to the decision to adopt those beautiful children?
EDWARDS: I honestly have to say that to know her family is to just love everyone; I think really there's nothing different about any of their children except in their own personalities. And they each have their own special place in the family. As for her reasons for adopting, I think that's a question for her. I think family is a family, no matter who's in it and who makes it up. And she needs to be the one to explain what she feels is important in her family.
What I can say is that all of my nieces and nephews, not only Amy's, but all of the others also are all part of our family. And our family is one that's huge. It is. It's big. It's loud, but it's full of love.
MACCALLUM: One of the things that comes up isthe family's affiliation with the group known as People of Praise. Can you explain to people who may have seen this Newsweek article that said that People of Praise was what The Handmaid's Tale was based on? And then at the bottom of the article, they put an asterisk which said, actually, no, this isnot the group that this book and movie were based on. It should have been enough to take that piece completely off their website. But it wasn't. So, I'd love to hear, in your own words, growing up affiliated with this organization, what's it like?
What do they do? What do they stand for?
EDWARDS: It's a group of people who come together to pray, to support each other and to love one another. They have backyard barbecues. Here inNew Orleans they might've had a crawfish boil. Actually, I think I remember a pig roast at one time also.
But they just are there to be with one another and to support each other through the difficult life events, loss of a job, death in the family, and illness, and also to share in the joyful things, the birth of ababy. And in my experience, there have been numerous times, even as an adult, that the members of the people of praise, who I will call my friends, even, have been at my side during joyful moments in my life and also difficult times.
I think these are just regular people who have regular jobs just like you, just like me, who just want to have a deeper faith. They are just my friends. They are no different than anyone else in America.
MACCALLUM: So, you know, how do you feel, and how does Amy feel sort of knowing -- or how do you feel as a sister I guess is the most fair question, knowing that she is going to go through this process, which we have seen in recent history be sobrutal, you know, how does that make you feel as her sister?
EDWARDS: Protective, of course. But I think if anybody can --
MACCALLUM: Of course.
EDWARDS: -- handle it with poise and grace, it's Amy. She has always been a person of strength and love and poise and I think for her to have thecourage to put herself out there in front of thecountry, frankly the world, and have her own personal beliefs examined and criticized, I admire her. I mean, there's just no better person for the job.
MACCALLUM: All right. Megan Edwards, thank you, we really appreciate you coming in tonight.
EDWARDS: Thank you for having me.
MACCALLUM: And good to meet you. Thank you very much.
EDWARDS: Thank you.
MACCALLUM: Thank you, Megan.
EDWARDS: You too.
MACCALLUM: Take care.
EDWARDS: Ba-bye.
MACCALLUM: So, coming up, we've got more from the site of tomorrow's presidential debate inCleveland, Ohio, after this.
(BEGIN VIDEOTAPE)
MACCALLUM: You heard so much about the shift inwomen's vote in America, so we went out to thesuburbs in North Olmsted, Ohio in Cuyahoga County to talk to the women who could be make or break in this must win state. As democracy 2020 continues right after this.
(END VIDEOTAPE)
(COMMERCIAL BREAK)
MACCALLUM: So, we are coming to you from thebattleground state of Ohio, the site, rainy, rainy sitetonight of the first presidential debate between President Donald Trump and former Vice President Joe Biden, we expected to clear up by then. It's astate that President Trump won by eight comfortable margin -- points margin back in 2016 and Biden's edge here is just three points in thecurrent Real Clear politics average of polls.
It jumps to 15, the gap, among women voters in thestate of Ohio according to the latest Quinnipiac poll and with talk of suburban women tipping the scales perhaps in these rust belt states, we thought it would be a good idea to sit down with some ofthem and speak with them in the town of North Olmsted Ohio, that's Cuyahoga County, which you always hear a lot about on election night. We got their thoughts, with just five weeks to go.
(BEGIN VIDEOTAPE)
MACCALLUM: Are you undecided about what you're thinking this time?
Colleen, do want to start?
COLLEEN, OHIO STAY AT HOME MOM: Sure. I'mColleen and I have three kids, eight and under. And I'm pretty decided this time about who I want to vote for. I'm choosing Trump this time and it's different because I wanted -- I chose Gary Johnson last time.
And so, just observing him over the last four years, particularly this year during corona and watching him observing that currently has change my vote but I'm looking forward to the debates because you just never know when you get that piece ofinformation that might change your mind.
MACCALLUM: What is the biggest thing that's guiding your vote right now?
ASHLIE CASE SLETVOLD, OHIO ATTORNEY: Sure. I'mAshlie Case Sletvold. I'm from Solon, Ohio. I have three kids, seven and under.
MACCALLUM: You're busy.
SLETVOLD: True story.
MACCALLUM: Are you teaching them at home?
SLETVOLD: Yes, we are. We've been virtual and weare about to transition to a homeschool, full homeschool.
MACCALLUM: And is that a new choice since this whole thing happen?
SLETVOLD: It is. You know, we like the idea of public schools. We moved to the best school district in thestate for a reason, but at this point, I know theteachers are working their very hardest to provide the best environment that they can for these kids to learn in. But six hours on the screen or learning inperson with a mask on is not for my little ones. But for me, the single thing I want to see the most inthis election is a return to a sense of dignity and respect among the people that we elect to do thepeople's business.
MACCALLUM: So, Kathy, what do you think about that, about the tenor of politics and how does it affect the way you look at President Trump or Joe Biden?
KATHY LEKIC, OHIO STAY AT HOME MOM: Well, I think it's definitely evolved into something that wehaven't seen before. I will be honest. In thebeginning, Trump was not my first choice for 2016. I was a little hesitant because I wasn't -- the way he had to had been interacting with the other Republican candidates -- but I did vote for him.
His policy, the things he's been doing have been great for the country. Up until the pandemic, we -- he had turned the economy around. In all honesty I feel like it's a situation that's been blown out ofproportion and it's being used for political agenda.
MACCALLUM: Does anyone else feel that way?
COLLEEN: I do.
MACCALLUM: You do?
COLLEEN: Yes.
MACCALLUM: You think it's been used for politics?
COLLEEN: I think so. They cases are being hyped but it's clear the deaths are going down, whichmatters to me.
MACCALLUM: I read in the comments that you gave us, that you started out as a Republican but nowyou've drifted more towards the Democrat side inyour thinking about it.
DEBORAH BOSNER, OHIO STAY AT HOME MOM: Yes, I grew up -- my name is Deborah and I have one son. And I'm from Columbus, Ohio. And I grew up extremely in a strongly Republican, conservative family and I have a lot of conservative values, absolutely, but this election for me is really about values. You know, I view the national response to thevirus as categorically terrible. I've been thrilled with the Republican leadership in Ohio.
MACCALLUM: What's it like, when you talk to your friends about the election.
JOLENE AUSTIN, OHIO STAY AT HOME MOM: I'mCollen Austin. I have three children. I'm from Carmel, Ohio. And I have decided once again that Trump will be receiving my vote.
When we talk about the differences -- yes, a lot ofmy friends -- we have very different thoughts on politics. Interesting living in the city that I do, it isusually a blue city only. Everything a person that's inpolitics is a Democrat in our city. I ran as aRepublican. It was quite interesting.
But in 2016 they chose Trump for the first time in 50 years. I really feel now it looks like they are going to go for Trump again. We have -- I've never seen somany signs and so many billboards. But it's getting -- it's getting very heated. It's getting very ugly.
A lot of people in my area who have Trump signs intheir front yard have received letters in the mail saying you out a bull's-eye on your house and it's ugly.
MACCALLUM: If I ask you -- you know, separate from who you want to win or who you want to vote for, do you think that Joe Biden will win in your town?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED FEMALE: Absolutely.
SLETVOLD: I think it will be Trump. I've seen more Trump signs.
AUSTIN: I think it's going to be Trump but it's going to be super, super tight.
LEKIC: I've seen a lot of Biden signs. I know that alot of the Trump signs have been taken in our city.
MACCALLUM: Yes.
LEKIC: They are being removed. And you know, theconservatives aren't reciprocating that for Biden signs.
BOSNER: That's untrue in Columbus, Ohio. And inCleveland.
MACCALLUM: You think that's not true?
SLETVOLD: That's not true. I mean, I've seen anumber of, you know, Facebook videos of friends and loved ones posting photos of their burnt to theground Biden signs, black lives matter signs.
MACCALLUM: Let me just get your thoughts on thelaw and order issue, is that important to you?
AUSTIN: It is very important, extremely.
MACCALLUM: Extremely important to you.
AUSTIN: I'm worried. We had -- we lost two Cleveland police officers within 12 hours of each other. On the internet, we are watching people say well, that's just too bad, that's collateral damage. They need to hear us.
OK. I am fully aware of that but when they aresaying -- we're just letting cities burn and riots -- these protests, when they say 94 percent of them are peaceful, that's correct. What about the 6 percent that aren't, that are causing hundreds ofmillions of dollars in damages, lost businesses?
People are dying.
SLETVOLD: I agree we shouldn't lump the 6 percent, if that's the right number of rioters and with thepeaceful protests in the same way I don't think weshould lump the majority -- you know, vast majority of good police officers in with the bad apples. Butthe rest of the cliche is still there, what did the bad apples due to the bunch? So, it's important to deal with police misconduct in a way that's effective.
MACCALLUM: Before we wrap up, I want to ask about the Supreme Court.
AUSTIN: I think she's going to do a great job. I'mexcited. I'm very nervous that we're doing this soclose to an election though.
MACCALLUM: Would you rather that the president waited until after?
AUSTIN: Honestly, and this will get a lot ofconservatives upset, yes, I think we should have waited until after the election.
MACCALLUM: Do you agree?
AUSTIN: I know that these people are screaming to see --
(CROSSTALK)
MACCALLUM: We should have waited?
COLLEEN: I don't agree.
UNIDENTIFIED FEMALE: I don't think --
MACCALLUM: The timing was OK?
COLLEEN: Constitutionally we needed to do it.
UNIDENTIFIED FEMALE: Yes.
MACCALLUM: Kathy, what do you think?
LEKIC: He's in office for four years and if the roles had been reversed, the Democrats would have done that.
BOSNER: I don't blame President Trump for putting forth a nominee. That is certainly in his, you know, his right to do so. I do think it was wrong of theSenate to be willing to review it. You know, you know, we are so close to one election.
Because if Trump wins, then he has every right to put forth that candidate and it should be a very easy nomination process, but if he doesn't, you know, this is something that will change the Supreme Court for decades.
SLETVOLD: I'm very concerned about her track record as a severe social conservative, very extreme. This is not something who represent the center ofwhere Americans are in terms of their thoughts.
MACCALLUM: Why? Why do you see her that way?
SLETVOLD: Familiar with her jurisprudence, and I mean, even just dissenting opinion.
MACCALLUM: Show of hands, who will vote by mail? In person?
LEKIC: In person.
MACCALLUM: Because you like to vote in person?
LEKIC: Because I want to make sure my vote counts.
MACCALLUM: You want to make sure.
BOSNER: I'm getting my absentee ballot and will drop it at the Cuyahoga County drop box.
MACCALLUM: OK. Great. Well, thank you so much to all of you. It's been great talking to you and I appreciate you airing all of your views. Thank you very much.
(END VIDEOTAPE)
MACCALLUM: So interesting. There's going to be more of that on social media that I'll post if you want to see the rest of it.
Coming up, Joe Biden was off the trail today, focusing on the debate doing his preparation. His running mate Kamala Harris serves up a scathing critic of President Trump's, quote, "act of raw power." Mike Davis, who led the brass knuckle fight to confirm Justice Kavanaugh joins me next.
(BEGIN VIDEO CLIP)
SEN. KAMALA HARRIS (D-CA), VICE PRESIDENTIALCANDIDATE: Do you agree that it is possible for men to both be friends with some women? And treat other women badly? Did you watch Dr. Ford's testimony?
BRETT KAVANAUGH, ASSOCIATE JUSTICE, UNITED STATES SUPREME COURT: I did not. I plan to --
HARRIS: Thank you.
KAVANAUGH: I plan to.
HARRIS: Thank you.
(END VIDEO CLIP)
MACCALLUM: So, we are just about a day away nowfrom the first presidential debate, one day and one hour. Joe Biden focusing on his final preparations, we're told as running mate and Senate judiciary committee member Kamala Harris slams President Trump with -- for forging ahead with the process. And Newsweek declares, quote, "Amy Coney Barrett versus Kamala Harris is the real vice-presidentialdebate."
Correspondent Jacqui Heinrich has THE STORY for us tonight from Cleveland.
Hi, Jacqui.
JACQUI HEINRICH, FOX NEWS CORRESPONDENT: Good evening, Martha. Well, Senator Kamala Harris zeroed in on what Judge Barrett's nomination would mean for women's issues in a way that we have not seen Joe Biden do, but Biden and Harris linked thevacancy to healthcare, Biden pointing out Barrett previously criticized the Supreme Court's decision to uphold the Affordable Care Act and claiming her confirmation could mean the end of guaranteed insurance coverage for people with pre-existing conditions, with consequences amplified by apandemic.
But Harris went straight for the wedge issue Biden left largely out of the conversation, women's reproductive rights. Saying Judge Barrett has a long record opposing abortion and her principles areessentially a slap in the face to the late liberal icon Justice Ginsburg.
(BEGIN VIDEO CLIP)
HARRIS: There is no other issue that so disrespects and dishonors the work of Justice Ginsburg's life than on doing the seminal decision in the court's history that made it clear a woman has a right to make decisions about her own body.
(END VIDEO CLIP)
HEINRICH: Harris echoed Biden's attacks on President Trump or disregarding Justice Ginsburg's final wish that she not be replaced until after theelection. Also rebuking Senate Republicans for pushing forward with the confirmation process with the election underway and calling it part of an obsessive effort to overturn the Affordable Care Act driven by a blind rage towards President Obama.
(BEGIN VIDEO CLIP)
HARRIS: We are in the middle of an election, but President Trump and his party don't care. They justwant to jam's nomination through. It's called raw power.
(END VIDEO CLIP)
HEINRICH: It all served as a preview to what wecould see from Harris as she has pulled from thecampaign trail to question Judge Barrett before theSenate judiciary committee which offers its recommendations before the full vote.
Tonight, Harris said she would be part of that process, she says she hasn't made a decision one way or the other on whether she would meet with Judge Barrett, but she expects that will happen.
It will be the first-time a vice presidential candidate is both a Senator and a member of the committee and remember, she also raised her profile considerably during the questioning of thepresident 's last Supreme Court nominee, Justice Brett Kavanaugh. Martha.
MACCALLUM: Jacqui, thank you very much, Jacqui Heinrich behind us here in Cleveland, Ohio.
So, my next guest is a former law clerk to justice Neil Gorsuch who now works to confirm President Trump's judicial nominee as president of the Article III Project, Mike Davis joins me. Mike, good to see you tonight.
Thanks for being here.
MIKE DAVIS, PRESIDENT, ARTICLE III PROJECT: Thank you for having me.
MACCALLUM: So, what's your response to Jacqui's report just listening to Senator Harris, she says that she will likely arrange to meet with Judge Barrett and be part of this process, what do you say?
DAVIS: I welcome it. She is a United States senator, she's still a senator. She's had attendance problems the entire time that she's been in the Senate because she's been running for president since about day one, but as we saw with Justice Kavanaugh's confirmation hearing, she is a gift to Republicans.
She's the one who interrupted judiciary chairman Chuck Grassley, my former boss, within eight seconds of the first hearing before Michael Avenatti brought the serial gang rape allegations against Justice Kavanaugh. She's the one who went down -- she brought up a conspiracy theory that Judge Kavanaugh -- then-Judge Kavanaugh conspired with some lawyer, a New Jersey law firm regarding theMueller probe.
She has gone after judicial nominees like inNebraska, federal judge for being part of theKnights of Columbus, a men's -- a Catholic men's charitable organization, so the more we can get Kamala Harris involved --
MACCALLUM: That's true.
DAVIS -- with this confirmation hearing, the better it is for Republicans.
MACCALLUM: Yes. She suggested that that was aproblem because it's an all- male organization and she had a problem with the Knights of Columbus.
You know, with regard to the argument that's being made on ACA, I spoke with Senator Chris Coons earlier tonight. He said that the president has made it clear that he would not choose a justice who would -- who would not support -- the overturning of ACA.
Has the president ever said that? And to your understanding -- I was -- you know, it's my understanding that they did not discuss any specific cases when Judge Barrett met with President Trump. What's your reaction to that?
DAVIS: It's just fearmongering by the Democrats. They do this on Roe versus Wade, they are doing it on the Affordable Care Act, Obamacare. It's fearmongering. She -- Judge Barrett is a judge right now in the seventh circuit. She's been there for three years. She's been a Notre Dame law professor for 18 years. She has impeccable credentials.
She has integrity, and she's not going to go promise the President of the United States or any senator ina back room how she's going to vote on particular cases in exchange for their nomination or their confirmation vote. That would be unethical and it's just absurd that the Democrats are suggesting it.
MACCALLUM: All right, Mike, we are out of time, we're going to leave it there but we'll talk again soon. Thank you very much. Good to have you here tonight.
DAVIS: Thank you for having me.
MACCALLUM: More of THE STORY coming up next.
(COMMERCIAL BREAK)
MACCALLUM: That is THE STORY of Monday, September 28th, 2020. We'll see you back here tomorrow night when Bret Baier and I co-anchor therun up to the debate starting at 6 o'clock. And then we'll head into the debate hall with Chris Wallace interviewing the president and Joe Biden. We'll see you tomorrow night. Have a great night.
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