Newt Gingrich: Kavanaugh controversy is about 'raw power'

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Newt Gingrich: Kavanaugh controversy is about 'raw power'

On 'Hannity,' Fox News contributor says the Democratic Party is desperate to stop the Supreme Court from being conservative.

This is a rush transcript from "Hannity," September 25, 2018. This copy may not be in its final form and may be updated.

SEAN HANNITY, HOST: Welcome to "Hannity," and we are broadcasting live from Washington, D.C., tonight.

And tonight, the United States of America is at a crossroads. And in 42 days, you, we, the people decide what path this country is going to take.

Now, the Supreme Court showdown surrounding Judge Kavanaugh perfectly encapsulates the stark divide between our two political parties. You have on a hand one, Republicans. They've been advocating for a fair, serious confirmation proceeding with due process and something called up a presumption of innocence.

And on the other hand, you have Democrats, who are leading by mob rule, demanding that Judge Kavanaugh prove his innocence, attempting, of course, to tar and feather the judge in the court of public opinion and using cheap identity politics to shoot down anybody that disagrees with them. Dangerous times.

And coming up, we're going to show you the latest shameful tactics from the left, including yet another example of a conservative getting chased out of a restaurant, this time with his wife, by a left-wing mob. Senator Ted Cruz. We've got the tape.

Plus, we'll have more on the Democrats' blatant double standard surrounding sexual misconduct allegations. For them, too many of them, it's politics. And we'll have all the best moments from the president's speech, a very powerful moment for the United States and the United Nations where he put America first on the world stage.

And finally, the years of apologizing for America, they are done. They are over.

All right. Buckle up, time for our breaking news D.C. swamp opening monologue.

(MUSIC)

HANNITY: It's simple. It's a battle between those who value the core principles of this country and those who only value cheap to political victories.

Now, from day one, Republicans have treated the confirmation process of Judge Kavanaugh with the seriousness it deserves. Democrats, they have not. They've created chaos at Judge Kavanaugh's hearings, interrupting as you saw dozens of times. There were constant outbursts from left-wing protesters, disrupting the proceedings and much more.

Now, just days away from a formal vote after all of the hearings were over and Senator Dianne Feinstein, she drops a bombshell, an allegation from a woman accusing Judge Kavanaugh of sexual misconduct, going back 36 years when they were both in high school. Now Feinstein knew about these allegations since July. She kept them secret.

Now, she kept them secret when she met privately with Judge Kavanaugh. She kept them secret when she questioned Kavanaugh publicly and Feinstein used an allegation of sexual misconduct as a political ploy to delay and disrupt Kavanaugh's confirmation.

Now, despite all of this, to their credit, Republicans have rightly taken these accusations against Judge Kavanaugh seriously, as they should. A public hearing featuring both Kavanaugh and his accuser, Professor Christine Blasey Ford has been set for Thursday. We have news, Ford may not appear. Senator Dianne Feinstein has said she cannot guarantee that she will show up.

Now, apparently, Ford has concerns about the independent female attorney hired to question both Ford and Kavanaugh. Republicans, clearly, are trying to do everything in their power as they have been doing to accommodate Professor Ford. Now, either way, a committee vote on Kavanaugh has been scheduled for this Friday.

And, of course, Judge Kavanaugh has been begging for a chance to clear his name under oath since these charges first became public. He has categorically denied these allegations over and over.

And meanwhile, virtually no evidence is backing up Professor Ford's 36- year-old claim. Now, Ford cannot remember the date or the location of the alleged incident, even the year. The four witnesses Professor Ford listed to corroborate her story, all four of them, denied what she is alleging, all four.

And now, many on the left are demanding that the FBI investigate Ford's allegations that no confirmation vote should take place until the FBI weighs in. Remember, they knew this back in July.

Now, tonight, they should take advice, I can't believe I'm saying this, of crazy uncle Joe Biden. Listen to what he said way back in 1991.

(BEGIN VIDEO CLIP)

JOE BIDEN, FORMER VICE PRESIDENT: The next person that refers to an FBI report as being worth anything obviously doesn't understand anything. FBI explicitly does not in this or any other case reach a conclusion. Period. Period.

(END VIDEO CLIP)

HANNITY: All right. That means the Democrats, now, it's all political. They're not listening to Joe Biden. Due process, the presumption of innocence literally mean nothing to them, especially Delaware Senator Chris Coons. He actually thinks that Judge Kavanaugh has to prove his innocence, I'm not making this up.

Take a look.

(BEGIN VIDEO CLIP)

SEN. CHRIS COONS, D-DEL.: To just dismiss, out of hand, as a shameful smear campaign, strikes me as not what's not appropriate in the instance. It is Judge Kavanaugh who is seeking a lifetime appointment to the Supreme Court and do I think bears the burden of disproving these allegations, rather than Dr. Ford and Ms. Ramirez.

(END VIDEO CLIP)

HANNITY: That's sad.

Now, Senator, remember this the next time you talk about Keith Ellison, yes, the number two guy at the DNC. And Senator Chris Coons, he's not alone. Democrats want a cheap political victory at all costs, even if that means throwing inalienable rights right out the window -- smearing, slander, besmirchment, right out the -- they don't care. Watch this.

(BEGIN VIDEO CLIP)

REP. ADAM SCHIFF, D-CALIF.: The Senate shouldn't simply rely on hearing two conflicting accounts and decide -- well, we are okay with not knowing. We are okay with the fact that we might be putting someone who committed attempted rape on the Supreme Court of the United States.

SEN. KAMALA HARRIS, D-CALIF.: I believe her. Listen, first of all, anybody who comes forward at this point to be prepared to testify in the United States Senate against someone who is being nominated to one of the most powerful positions in the United States government, that takes an extraordinary amount of courage.

SEN. MAIZE HIRONO, D-HAWAII: Not only do women, like Dr. Ford who bravely comes forward, need to be heard but they need to be believed. They need to be believed.

I just want to say to the men in this country: just shut up and step up. Do the right thing.

SEN. RICHARD BLUMENTHAL, D-CONN.: Let me just right at the outset, I believe Dr. Ford. I believe the survivor here. There's every reason to believe her. She has come forward courageously and bravely.

SEN. KIRSTEN GILLIBRAND, D-N.Y.: I believe her. I stand with her. And --

UNIDENTIFIED MALE: Do you hope she shows up on Monday? Do you hope that she testifies?

GILLIBRAND: I don't think she should be bullied into this scenario, where it's a he said/she said. It's a sham hearing. And I don't think she should participate in it.

SEN. CHUCK SCHUMER, D-N.Y., MINORITY LEADER: I believe Professor Ford. I think she is credible. And I think when the investigation is finished and when she testifies and Judge Kavanaugh testifies, I think a majority of senators will find her credible.

(EN VIDEO CLIP)

HANNITY: Men shut up? I believe means no due process, no presumption of innocence.

Judge Kavanaugh is also facing an additional obligation, a totally uncorroborated claim from a woman, her named is Ms. Deborah Ramirez. And she told the "New Yorker" that in the 1980s, again, 34 years ago, Kavanaugh exposed himself when he was a freshman, at a drunken college party at a dorm room at Yale.

And get this, Ramirez herself isn't even totally sure that Kavanaugh was a perpetrator. If you read the New Yorker column, she became, quote, quickly inebriated at the party. She told the "New Yorker", she was, quote, foggy and slurring her words. She even acknowledged that she has significant memory gaps from that evening.

And The New York Times was not able to corroborate her story with anybody, and even said she called people and went to Yale, asking them if they remembered the incident if -- because she did not remember if it was Kavanaugh.

And those who Ramirez listed as witnesses in that case to the incident are all flatly denying here charges. Quote, we can say with confidence that if the incident Debbie alleges ever occurred, we would have seen or heard about it, and we did not. The behavior that she describes would be completely out of character for Brett. In addition, some of us knew Debbie long after Yale. She never described this incident until Brett's Supreme Court nomination was pending.

Also, the New Yorker interviewed Ramirez's best friend at the time of the incident, and she also is denying any knowledge of the claims. Quote: This is a woman I was best friends with. We shared intimate details of our lives, and I was never told the story by her or by anybody else. It never came up. I didn't see it. I never heard of it happening.

Now, The New York Times, they couldn't corroborate the story in any way. They refused to publish the claims as part of their official reporting and they said they spent all last week interviewing dozens of people. They couldn't find one person that could corroborate it.

Now, needless to say, Chairman Grassley will not be calling Ms. Ramirez to testify. Still, despite the lack of evidence, the left, of course, rushing to judgment as they have in so many prior occasions, smearing Judge Kavanaugh, not even wanting to hear his side of it, and rushing to judgment and saying, I believe one person.

This is dangerous for anybody in society, we should all believe, it should not be political. It's not Republican, it's not Democrat, not conservative, not liberal. We should believe in the presumption of innocence but many don't.

Watch this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: This is a monumental defining moment this week when you have someone like Cosby going to prison and in the same breath, having Kavanaugh possibly going to the highest court in the land.

UNIDENTIFIED MALE: Does he want America to believe that the only thing that he did until well into his college years was effectively kiss or French kiss a woman? Is that it would he wants America to believe?

UNIDENTIFIED MALE: And to be honest, that is very much a white male Republican defense. To say, oh, I was a virgin, I could not have potentially sexually assaulted a woman.

UNIDENTIFIED MALE: If they go through a Senate hearing, and it becomes a seat, circus, they push it through, he passes, he's seated on the Supreme Court, there will be, as we said last week, an asterisk next to his name as long as he's there.

(END VIDEO CLIP)

HANNITY: We have Nancy Pelosi. We have Congresswoman Maxine Waters. And then the new face of the Democratic Party, Michael Avenatti, all going on TV, and actually threatening to expose now a gang rape scandal about Judge Kavanaugh.

Now, he's the lead guest on fake news CNN and MSNBC conspiracy TV. They love their Avenatti.

So, just to recap, we have heard from Democrats rushing to judgment. We've heard from many in the mainstream media rushing to judgment. We've even heard from future dinner Democratic presidential candidate Michael Avenatti, yes, again, the now face of the Democratic Party, along with others. And now like sheep following the herd, the left's angry mob is joining the stop Kavanaugh movement.

Now, last night, far left activist, well, they ran into Senator Ted Cruz and his wife, who were just going out to a restaurant right here in the swamp, in Washington, D.C., while mindlessly chanting "we believe survivors." Watch this.

(BEGIN VIDEO CLIP)

ACTIVISTS: We believe survivors! We believe survivors! We believe survivors! We believe survivors!

(INAUDIBLE)

(END VIDEO CLIP)

HANNITY: Now, in the last year, we played it here. We've heard people like Congresswoman Maxine Waters, people like Senator Corey Booker, and years gone by, even Barack Obama, get in their face. Follow them into grocery stores.

What you are seeing and witnessing here is a key part of, what is the Democratic playbook? We've seen these confrontations over and over again. Secretary Kirstjen Nielsen, Sarah Sanders, Pam Bondi, this mob mentality, these tactics of the left are now in full gear 42 days out of an election.

And Senator Ted Cruz's opponent, by the way, as a sidebar, he was just given, oh, four big Pinocchios by "The Washington Post" over statements surrounding his 1998 DUI where he literally left the scene of a DUI accident. It was two times the legal limit, but he denied that ever happened.

Now, if the left truly believe survivors, they might want to focus on the deputy chair of their own party, the Democratic Party, Keith Ellison. His ex-girlfriend has accused him of repeated physical and psychological and emotional abuse, dating back to just a short time ago. Not 36 years ago. He's now running to be the attorney general of the state of Minnesota. He's still the number two guy at the DNC.

And at a debate last week, here's what he had to say about these recent claims. Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Are you confident that no one else will step forward? With any other allegations?

REP. KEITH ELLISON, D-MINN.: Look, you know, in this political environment, you know, I don't know what somebody might cook up, but I can tell you that there is absolutely nobody that I'm aware of who has any sort of -- who is threatening or suggesting or ever made a prior accusation.

(END VIDEO CLIP)

HANNITY: Now, so many of these Democrats I won't give due process to Judge Kavanaugh, they haven't uttered a word about their number two for their party. Now, we may soon learn more about Ellison's treatment of women, previous divorce proceedings may be unsealed. But tonight, Ellison has yet to face an angry mob chanting, we believe survivors. They have yet to be convicted on TV by congressional Democrats, by Senate Democrats. Neither has the California Democratic congressional candidate, he is accused of demanding sex in exchange for campaign funds. He's not being criticized either. Neither is former President Bill Clinton, he's been accused of so many counts of sexual misconduct, including by Juanita Broaddrick, rape.

And here's what she had to say earlier today on my radio program. Take a listen.

(BEGIN AUDIO CLIP)

JUANITA BROADDRICK, CLINTON ACCUSER: Not one of them, even after Henry Hyde said, please, just read this account and this in deposition from this Arkansas woman. And he said, just read it, we're not going to bring her in to the impeachment hearing, but just read what she has to say. None would read it. Not a one.

(END AUDIO CLIP)

HANNITY: We're going to have so much more on this double standard all throughout the show. By the way, and it's sad the rest of the media won't report on this.

We're going to be in Washington, D.C., today and tomorrow, and, of course, Thursday for the upcoming hearing. If it happens, if Professor Ford decides to tell her story, we will listen.

So, while all of this is going on right here on D.C., well, the president, well, he is in New York at the time and literally pushing his America First agenda moving forward with historic success. And today at the U.N., he stood up solidly for America First, in front of the world stage. And I think one of his best speeches to date. Take a listen.

(BEGIN VIDEO CLIP)

PRESIDENT DONALD TRUMP: In less than two years, my administration has accomplished more than almost any administration in the history of our country. America is -- so true. I didn't expect that reaction, but that's okay.

(LAUGHTER)

(APPLAUSE)

America's economy is booming like never before. Since my election, we have added $10 trillion in wealth. The stock market is at an all-time high in history, and jobless claims are at a 50-year low.

(END VIDEO CLIP)

HANNITY: that's a great success for the forgotten men and women that came out to vote in 2016. Are you going to go out and vote and keep the Republicans in Congress so the agenda and success can continue?

Now, some of the world leaders were laughing at America's success. Guess what? It's not a joke. We do have record low unemployment in 14 states. Record low unemployment, African-Americans, Hispanic-Americans, Asian- Americans, 65-year low for women in the workplace in America. Youth unemployment, 55-year low. Four millions fewer people on food stamps, 4 million more Americans working, breaking records in the stock market, consumer confidence hitting an 18 year high.

And now, a blue wave? Well, guess what, tonight, it may not be so certain as the media has been peddling to everybody. Look at this Gallup poll, Republican favorability out today has now hit a seven-year high.

Compare that to Obama's track record. Americans literally spent more on taxes in the years 2013 through 2016 than they did on food and clothing. By the way, the Democrats want their crumbs back.

It's no secret of the president's success. He doesn't go on apology tours. He puts America First and it works. Take a look.

(BEGIN VIDEO CLIP)

TRUMP: America will always choose independence and cooperation over global governance, control, and domination.

I honor the right of every nation in this room to pursue its own customs, beliefs, and traditions. The United States will not tell you how to live or work or worship. We only ask that you honor our sovereignty in a return.

We will not allow our workers to be victimized, our companies to be cheated, and our wealth to be plundered and transferred. America will never apologize for protecting its citizens. We will never surrender America's sovereignty to an unelected, unaccountable, global bureaucracy.

America is governed by Americans. We reject the ideology of globalism, and we embrace the doctrine of patriotism.

(END VIDEO CLIP)

HANNITY: In 42 days, you get to decide if this agenda continues. The choice could not be clearer for the American people. It's the party of identity politics versus the party of America First -- the party of chaos, disruption, versus the party of core principles, values, the Constitution, law and order. The party of big, big government regulations versus the party of economic growth, less burdensome regulations, lower taxes, energy independence, and, yes, protecting our borders.

Forty-two days, your life is going to continue to improve or progress will stop. The fate is in your hands. The choice in November could not be any more clear.

All right. We've got a busy night. We are in Washington, D.C. We are in the swamp.

Newt Gingrich right here on set reacting to our opening monologue as we continue live from Washington. Sara, Gregg, and the latest on Judge Kavanaugh. A lot to get to tonight. Stay with us.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

TRUMP: I think he is a wonderful human being. I mean, I think it's horrible what the Democrats have done. It is a con game they're playing. They are really con artist.

They are trying to convince -- they don't believe it themselves, OK? They know he is a high quality person. They don't believe it.

It's just resist and obstruct. They're playing a con game, and they played very well. They play it actually much better than the Republicans.

(END VIDEO CLIP)

HANNITY: That was the president earlier today talking about the Democrats delay tactics on the Kavanaugh nomination.

In an op-ed on foxnews.com, former Speaker of the House Newt Gingrich, he wrote, quote, if not Judge Kavanaugh, then who? This is the question Republicans need to ask themselves as they prepare for Thursday's Senate judiciary committee hearing.

Joining us now is Newt Gingrich. Don't forget, by the way, his new book, "Trump's America". It's available now, part two of which talks about all the challenges the president will face.

Mr. President -- you look at the fact, Dianne Feinstein had this -- literally have this in July. She didn't bring it up until now. Then the people that Professor Ford mentioned, all of them deny it. And then you've got the "New Yorker" article where Ms. Ramirez admits that she was inebriated very early, slurring her words, gaps in her memory, et cetera.

And then you have the new face of the Democratic Party that says, oh, I'm going to reveal gang rape by -- in the next 48 hours. I don't know what -- what are the American people to think, and so many Democrats rushing to judgment, no presumption of innocence.

NEWT GINGRICH, R-FORMER HOUSE SPEAKER: Look, I think what the American people should think is that you have a Democratic Party so desperate to stop the Supreme Court from becoming conservative, that they are prepared to lie, to smear, to be hysterical, to break Senate rules, to do whatever they have to do.

What you are watching is a party totally desperate, and you've got to put this week in context. I was struck earlier today that Arthur Miller's great play, "The Crucible," which is about the Salem witchcraft trials, actually relates to what's happening to Judge Kavanaugh. What he is being put through is almost like medieval torture.

Somebody shows up 35 years later -- everyone in the audience ought to think about this. Close your eyes for a second and ask what were you doing on June 12th, 35 years ago? The truth is you almost certainly don't know. The fact is this hearing is a farce. There is nothing that Kavanaugh can say which will convince Chuck Schumer to vote for him.

And I think that Dr. Ford has no evidence other than her own word, which is going to count -- they can't provide any witnesses. She can't even tell us, to the best of my knowledge, what was the date, where was the house, who all were there, the people she names all say they weren't there.

At what point is the burden of common sense on the accuser? If it is a burden of common sense, this hearing wouldn't even be held. It's only in the current hyper environment in which Senator Hirono can say, men ought to just shut up. I mean, think about them level of venom in that sentence.

You have an entire effort by the totalitarian left to bludgeon -- you saw it last night, as you reported -- with Senator Cruz and his wife. I mean, what has happened to America when random left wing totalitarians think they can violate private property, trespass in a restaurant, go in and intimidate a citizen who is simply trying to have dinner? And they think they are heroes.

And apparently, the police aren't called, nobody is arrested for trespass, nobody is arrested for intimidation. We are watching a period where what we ought to understand is this is about raw power. And if the left can stop Kavanaugh, we will not get another conservative justice in our lifetime on the Supreme Court.

HANNITY: You talk about his four decades as an exemplary husband, father, friend, judge. There have been over 220 people that have come out and said this guy is a cut above, a gentleman's gentleman. And then I am listening to these lawmakers, many of them, when they say, I believe in the case of Professor Ford, or I believe Ms. Ramirez, what they're really saying is they don't want to hear anything, they don't believe in due process, they don't believe in the presumption of innocence.

And I've got to be honest, how does a lawmaker say he has to prove his innocence? We have had lawmaker say that. Senator Coons said he has to prove his innocence from 40 years ago, 36 years ago.

GINGRICH: Look, there is a whole block of left-wing Democrats whether it's Coons or Schumer or it's a variety of other people on the left. They are hopeless. They have no interest in the truth.

They are involved in a struggle over power. And they've got to pay off their activist base. There is no possibility that they are going to vote for Judge Kavanaugh. But what I'm fascinated with his, let's say, you are the senator from West Virginia or Missouri or Indiana or North Dakota, or Montana, now, you are from an area where there are lots of common sense everyday folks who like Donald Trump, who believe Donald Trump is doing the right thing, who want to have a more conservative court.

Let's say the junior senator from Alabama, do you really want to line up with Chuck Schumer and the left, with Booker and his pathetic portrait of Spartacus? Which has a story and I found particular offensive because he had no idea who Spartacus was.

I think these senators who are from states where there's a lot of common sense and a lot of conservatism, a desire for more conservative judges, we have not heard a single one of them yet and I will be very surprised if we don't have a number of them vote yes.

Remember, when the Clarence Thomas character assassination was underway, 11 Democrats ended up voting yes for Clarence Thomas. And I think we may find all of a sudden, Wednesday or through Thursday that several of these Democrats from Trump states decided in the end. You know, she didn't prove her case, I'm going to vote yes. He deserves to be on the court.

HANNITY: He also has a 40 year track record. I think your observation is right, 42 days in the election, I can tell you that people that I hear from three hours a day on radio that watch the show, they are angry.

Because instinctively, Americans believe in due process, they believe in fundamental fairness, they don't believe in a rush to judgment. We have seen in high-profile cases, Duke Lacrosse, Ferguson, Missouri, Baltimore, Freddie Gray, Trayvon Martin, Cambridge police.

We've seen a lot of rushing to judgment where a lot of the same people have been wrong again and again. But as far as the Republicans go, it seems like it's coming down to four people for that and they have control of this.

That would be Bob Corker, that would be Jeff Flake. I think Susan Collins probably had the best comment of anybody saying, what Dianne Feinstein did was unfair to everybody in this case, and, Lisa Murkowski, I don't know what to expect from any of them tonight.

GINGRICH: Well, I don't either. I mean, I think Thursday is important only in the sense that unless Dr. Ford is overwhelmingly convincing and unless Judge Kavanaugh is overwhelmingly disappointing I suspect all four of the Republicans will end up deciding that there is no case adequate to say no.

At the same time, I believe as I just said, that there are five or six Democrats who were on the bubble who have to go home and explain why they voted with Schumer and why they voted with Warren and why they voted with Booker.

And I think that this could be a very expensive vote in terms of defeating five, or six or seven Democrats because I think the states are going to say to them, you know, there is no proof here that justifies voting no on Judge Kavanaugh.

HANNITY: All right, Mr. Speaker, we appreciate your time. Sorry you couldn't make it here. You are in D.C. but you wouldn't even come see us. We are outside on the capitol is behind us, it's beautiful.

(CROSSTALK)

GINGRICH: All I'm telling you is, Calista had a better offer.

HANNITY: Wow, all right. I don't blame her, I don't blame you. Good choice. Good to see you, sir. Thank you.

All right. When we come back, the latest news out of Washington. Kristin Fisher will join us and we'll have the latest on Judge Kavanaugh. And will the Senate judiciary committee hold a vote on Friday? It looks more and more like they will.

As Hannity continues, we are in the swamp, we are in the sewer, we are in our nation's capital. We'll continue.

(COMMERCIAL BREAK)

HANNITY: All right. Joining us now with the latest breaking news on the status of Judge Kavanaugh's Supreme Court confirmation vote, and that's why we are in D.C., Fox News correspondent, Washington correspondent Kristin Fisher is with us. Kristin, what's the latest?

KRISTIN FISHER, FOX NEWS CORRESPONDENT: Well, Sean, we've got the big hearing on Thursday. A vote is set for Friday and today it's become very clear that President Trump is done playing nice with Judge Kavanaugh's accusers and Senate Democrats.

Today he described their effort to block the confirmation of Supreme Court as a con job. Listen to what he said about the second accuser during a meeting on the sidelines of the U.N. General Assembly.

(BEGIN VIDEO CLIP)

PRESIDENT DONALD TRUMP: The second accuser has nothing, the second accuser doesn't even know the things. Maybe (Inaudible), maybe not. She admits that she was drunk, she admits time lapses. There were time lapses.

(END VIDEO CLIP)

FISHER: Well despite the new allegations and despite this blockbuster hearing with Christine Blasey Ford which is now just a day away, Senate Majority Leader Mitch McConnell remains confident that he can still Kavanaugh confirmed.

But Senate Democrats they're not so sure. Here's Senator Chuck Schumer.

(BEGIN VIDEO CLIP)

SCHUMER: Leader McConnell owes an apology to Dr. Ford, for labeling her allegation as a smear job and he should apologize to her immediately.

(END VIDEO CLIP)

FISHER: And within the last hour we've learned a lot more about the precise format of Thursday's hearing. First off, there will be opening statements from the top Republicans and the Democrat on the committee. Then the accuser, Ford, will give an opening statement with no time limit followed by a five minute round of questions for each senator, then the same for Judge Kavanaugh.

And Sean, the senators will be allowed to turn over questioning to an outside female counsel if they want to. Sean?

HANNITY: All right. Kristin Fisher in the Washington bureau tonight.

And joining us now with more is chief counsel for Judicial Crisis Network, Carrie Severino, and Fox News national security strategist, and by the way I've got the first copy, "Why We Fight." That's coming up, there it is.

SEBASTIAN GORKA, FOX NEWS NATIONAL SECURITY STRATEGIST: You reach the date.

HANNITY: There we go. Thank you for my copy.

You're patriot and this is an important issue. You've been through these fights, we watched Robert Bork. They won. They were six heads. Ted Kennedy, Mr. Chappaquiddick was successful.

We watched what Clarence Thomas went through and the powerful statement he made. He went on to be one of our best justices in modern time. Now we see with Professor Ford and making these allegations, Ms. Ramirez is making their allegations with Judge Kavanaugh. And when I see that nobody corroborates the story and everyone say I believe them and he has to prove his innocence, I'm beginning to wonder what country I live in.

CARRIE SEVERINO, POLICY DIRECTOR, JUDICIAL CRISIS NETWORK: It's been discouraging to see people. Senator Hirono I guess some expect that used to hearing things, crazy things out of her mouth, but Senator Schumer as well.

The leader of the Democratic Party step up and said there is no presumption of innocence. This is America. And this isn't just, they'll say, it's not a -- this is not a criminal hearing.

The reason we have our criminal procedures that we do to protect due process is because of those even more fundamental values. You know, it goes back to Judeo Christian principles whoever -- Jew, Greek and Roman law said you have this kind of presumption. So this is, it is shocking. They are turning all of these--

(CROSSTALK)

HANNITY: It's not shocking to me. Because unfortunately, we don't have moderate Democrats anymore. When they chased out Senator Joe Lieberman, who I happened to know and like him personally a lot. I have known him for many years. We've agreed on foreign policy, we disagree on domestic policy, but always civil and always decent and always kind.

When you kick that person out of your party, and now it's, let's see. Maxine Waters, Nancy Pelosi, and Michael Avenatti?

GORKA: Yes.

HANNITY: That's the party of the Democrats.

GORKA: Yes.

HANNITY: And rush to judgment, no presumption of innocence. For them I think they have now crossed the line because the American people are fair- minded.

GORKA: I think that's absolutely right. I think the crazies have come out of the closet. There are no national Democrats who rein in to Maxine Waters to Avenatti.

If you think about what's happened in the last 48 hours, a man who hadn't had sex in high school is accused of being a gang rape orchestrator?

HANNITY: By the way, Dr. Gorka, why do we have to know this?

GORKA: They lower the Senate confirmation hearing to that level. but Sean, it's a great thing, it's a good thing. Think of the tertiary consequences of what they are doing right now.

I'd like to remind the Democrats, Andrew Breitbart was a liberal until the Clarence Thomas hearings when he saw what the Democrats did back then he became a conservative and created Breitbart.

The American people are waking up to the lack of moral fiber in the whole DNC. That you can do this to Judge Kavanaugh with his record, shows you who they are.

HANNITY: I honestly don't think I could get as many people as him from the last four decades to say that many nice things about me. Over 220.

GORKA: Right.

HANNITY: That's a lot of people from high school, college, law school. For his time serving in the Bush administration. His time serving in the court, law firm.

GORKA: His work at church. His work church, everything.

HANNITY: But that's 40 years of his life.

GORKA: Right.

HANNITY: And nobody -- and you look at these charges and then you look at the lack of corroboration.

SEVERINO: Yes. And it's so frustrating because it didn't have to be this way. I mean, there is and partly because of what we saw to the Thomas-Anita Hill hearing, there are our procedures, and there are procedures that Joe Biden followed.

I mean, when he heard, hey, there's these allegations, he didn't say, this is great, let's save it for the best political moment. He actually handed to the White House and they did investigate it.

And then of course the Senate Democrats leaked it so, I mean, they didn't stay online--

(CROSSTALK)

HANNITY: As a matter, holding this for--

SEVERINO: -- but he said there was a presumption of innocence.

HANNITY: I think to hold this for six weeks.

GORKA: Right.

HANNITY: What is going on here that you wouldn't share with your colleagues, you wouldn't bring up in private meetings, you wouldn't bring it up during the hearings and now you do it at the last minute?

GORKA: In the court of law and the judge can throw that out. If you are holding evidence and then you say after the hearing has been, sorry your honor. Sorry, that's not how it works.

So the fundamental rules, and then compare how the right behaves with a Justice Sotomayor, with a Justice Ruth Bader Ginsburg. We play by the rules, right? They get maximum votes.

HANNITY: They get 92 votes.

GORKA: Ninety votes, 92 votes. And then, when Sean, it's one thing. There's only one reason, he's a conservative. So any weapon is justifiable in the eyes of Democrats.

HANNITY: He's a constitutionalist.

GORKA: Right.

HANNITY: There's a big difference. I don't think this is political. All right. We have four senators. We are watching Corker, Jeff Flake, Main Senator Susan Collins, and Lisa Murkowski. Where are they going?

SEVERINO: Well, I think both Collins and Murkowski, I mean, really all of them have said, they want to make sure this is a fair hearing and opportunity for her speak. She's been given that. And Senator Grassley has said over backwards.

HANNITY: Well, they have been -- Republicans have handled this.

SEVERINO: Yes.

HANNITY: And I even think allowing--

(CROSSTALK)

GORKA: And the president.

HANNITY: -- a woman -- so it's not political, I think it's the right thing to do.

SEVERINO: Yes.

HANNITY: There is no politics here. It's going to be straightforward questioning, professional questioning--

(CROSSTALK)

SEVERINO: Not the circus we saw in the first hearing.

HANNITY: Right.

SEVERINO: Going out of their own to say we're not going to have this bulk (Ph) around of questioning. And a lot of it is in request -- it's her request to the committee, let's not turn this into circus. Amen, we don't want to see that again.

HANNITY: Last word.

GORKA: I think all the viewers need to pray for this good man and his family and to make sure the Democrats don't try to turn into a circus.

(CROSSTALK)

HANNITY: Ray Donovan in Reagan years where do I get to get my good name back? All right. "Why We Fight," when is it out?

GORKA: Two weeks today.

HANNITY: Two weeks from today. Congratulations, great book.

GORKA: Thanks, Sean.

HANNITY: All right. When we come back, we've got a lot of breaking news on the deep state. John Solomon, Sara Carter, new articles out tonight, this is important. That's next as we continue from Washington, D.C. We are glad you're with us.

(COMMERCIAL BREAK)

HANNITY: Today, Sara Carter is out with a brand-new bombshell report. It reads, quote, "Did Australian diplomat, and possibly other foreign allies share intel on Donald Trump?" Full disclosure, the Australian government is not commenting on the story.

Plus, The Hill is also reporting tonight, quote, "Former Bush counsel urging Trump to move ahead on declassifying Russian documents." And also reports that "House Republicans will subpoena DOJ memos from Deputy FBI Director Andrew McCabe."

Joining us now with reaction, Fox News contributor, Sara Carter, investigative reporter. And The Hill's, John Solomon. Good to see you. Let's talk about Downer, your article just out and the importance of it. Because they kind of went step-by-step by step to see, this didn't work. Let's get him on this.

SEVERINO: Yes. So we have Australian ambassador, former Australian Ambassador Alexander Downer who met with George Papadopoulos, we all knew the story. This is what apparently launched the crossfire hurricane investigation by the FBI.

It was Papadopoulos' conversation with him. One of the interesting thing is that, he has been avoiding, he has done interviews, he just did an interview with the BBC last week and at the BBC official asked Downer over and over again.

Did you -- did you record Papadopoulos during your conversation with him? What was going on? Were you reporting information back? He evaded all of those questions and as you know, Sean, they've also said they are not going to comment on this.

HANNITY: Well, is it a fact that we know because we have a Constitution and the 4th Amendment, they farm out surveillance to like, our allies?

CARTER: That's right.

HANNITY: So Great Britain will spy on Americans or maybe Trump and then they will feed it to our intel services?

CARTER: Absolutely. I mean, Sean and I have talked -- John and I have talked about.

(CROSSTALK)

HANNITY: I'm Sean. That's John. John?

JOHN SOLOMON, VICE PRESIDENT, THE HILL: He's the good looking smart guy on there.

HANNITY: Right, right. And that also happened. So let's talk about that.

SOLOMON: I read about that.

HANNITY: But then you have the McCabe subpoena. Then you have the George Soros saying that you bring--

(CROSSTALK)

SOLOMON: I do. Something happened tonight that I wanted to point out. But Trey Gowdy said something the other day on television I found was profound. If we get these FISA documents released, there is going to be a lot of questions for John Brennan. I haven't heard the CIA director in this and almost ever in all the work I've done.

HANNITY: I've heard from my sources that Gowdy doesn't want him out.

SOLOMON: Yes. I don't--

(CROSSTALK)

HANNITY: This is not explosive.

SOLOMON: Gowdy signed a letter asking the president, the 13.

HANNITY: Good.

SOLOMON: He's one of 13 members and he said John Brennan will have some questions to answer when he's done. What if the CIA was lining up our foreign allies to help--

(CROSSTALK)

CARTER: Exactly.

SOLOMON: -- to put a ring around the president and his advisers.

HANNITY: So in other words, farming out.

SOLOMON: Farming out.

HANNITY: Breaking, farming out, breaking, farming out, destroying and shredding our Constitution.

SOLOMON: W know from the president the two allies were concerned that they would be exposed but the--

(CROSSTALK)

HANNITY: The president said that.

SOLOMON: He did.

HANNITY: He said he's getting called, one was Great Britain.

SOLOMON: If this was an American and--

(CROSSTALK)

HANNITY: And it's not about Christopher Steele.

SOLOMON: That's right.

HANNITY: It got to be something else.

SOLOMON: It does.

HANNITY: All right. What about source?

SOLOMON: The Washington Post, the most unlikely they got a delete (Ph) in the last line, because they bury the lead in the last line but David (Inaudible) has a column out tonight says all the Depikaspa reporting we've done on your show is 100 percent accurate.

HANNITY: The Russian oligarch.

SOLOMON: The Russian oligarch and his connections with Steele and Ohr and all the things that we reported. Bruce hr. But at the end he says, by the way, George Soros funded the democracy and integrity project.

Bow that's a project that showed up in Bruce Ohr's note as the successor to Fusion GPS. But the Soros spokesman goes further and says, when we hired the Democracy integrity project we were paying for Fusion GPS to do work. So we now know there's a new funding arc -- a stark money group funding--

(CROSSTALK)

HANNITY: All right. I'm running out of time but let me ask you both this question. We've all talked about how the president needs to reclassify and said unredacted. He hasn't done it. Why does he need to do it in 15 seconds each.

CARTER: It's essential for us to understand the full scope of what happened here. The malfeasance that took place inside the DOJ and FBI--

(CROSSTALK)

HANNITY: Has to do it.

CARTER: He has to do it. Absolutely.

SOLOMON: The president said, I'm worried the FISA court got misled, you don't know until you release those documents. That's his word and we should find that answer.

HANNITY: We know the FISA court was misled. All right. We got to take a break. When we come back, Jimmy Kimmel, you are not going to believe the so-called disturbing creepy joke that he made about Judge Kavanaugh. He's lost his mind. We will play that and, he has an obsession, we'll explain, next.

(COMMERCIAL BREAK)

HANNITY: All right. He's done it again. Creepy Jimmy Kimmel giving us yet another example of his really bizarre, creepy, weird so-called humor, while talking about Judge Kavanaugh.

(BEGIN VIDEO CLIP)

JIMMY KIMMEL, TV HOST: Two thousand sixteen, it was only two years ago, but it was a long two years ago. Obama was our president, and at that point, women still seemed to be kind of OK with men.

So this is before we had Supreme Court justices running around with their (muted) out. I think there is a compromise here. Hear me out of this. So Kavanaugh gets confirmed to the Supreme Court. OK. But in return, we get to cut that pesky penis of his off in front of everyone.

(END VIDEO CLIP)

HANNITY: I've got about an hour worth of tape on this guy, really beyond creepy, but coming on the heels of all of this from Kimmel, are we not surprised? When I have time, I'll be airing that tape.

All right. That's all the time we have left this evening. We will be back both tomorrow night and on Thursday night where all this action is going on. Remember, this show is always fair and balanced; we are not the destroy-Trump media. This is an important week for the country. Hope you'll stay with us. Let not your heart be troubled.

Laura Ingraham, we've invaded her territory in Washington, D.C. today, is live next. Laura?

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