Sean Hannity slams the left's attacks on Judge Amy Coney Barrett

Sept. 25, 2020 – This is a rush transcript from “Hannity" September 25, 2020. This copy may not be in its final form and may be updated.

SEAN HANNITY, FOX NEWS HOST: All right. It's 9:00 p.m. on the East Coast.

It is 6:00 p.m. on the West Coast, as we begin with FOX News on a busy Friday night. FOX News alert.

Welcome to "Hannity."

Sources are now telling FOX News that President Trump is planning to nominate Circuit Court Judge Amy Coney Barrett to the U.S. Supreme Court.

We are expecting the formal announcement tomorrow at 5:00 p.m. Eastern Time.

I don't know Amy Coney Barrett personally, but when you look at her record and her own life, it is beyond impressive. I hope she is ready for the repulsive viciousness that is about to become her and her family's world.

Sad.

Just brace yourselves. Democrats, they're already attacking her for everything she has ever said, everything she has ever done in her entire life, including her religion, her deeply held faith in God. Now, I hope I'm wrong, but get ready for Bork, Thomas, Kavanaugh, we'll call this, 4.0.

More later in the show tonight.

And also at this hour on this Friday night, President Trump is set to speak any moment at a massive rally this time in Newport News, Virginia, where new polls are suggesting the race there, like all over the country, is tightening. The president is aggressively crisscrossing the country on the campaign trail, all the while maintaining his official duties and campaigning.

His opponent, well, bunker Joe, is holed up in his basement bunker, spending almost all of his time trying to memorize those lines for next Tuesday and the debate that takes place.

I'm going to tell you what I think is going on, just my own opinion, see if you agree or not.

Plus, we'll take you live to the rally throughout the hour but we are monitoring multiple breaking news stories. We do have a lot to cover, and we'll get it all in.

We want to begin tonight as we are monitoring the ground in multiple locations around the country, far left riots continue to rage. Hours ago, police in Louisville surrounded protesters in an attempt to clear the streets ahead of the 9:00 p.m., now just two minutes old.

Here's a small sample of what the police were having to deal with. Want to be a cop? Take a look.

(VIDEO CLIP PLAYS)

HANNITY: Any of you, you ask yourself, do you want to be a police officer today? My advice if you are a police officer, if you have reached the retirement age, my strong advice would be for you to retire and get your pension and get your health care that you've earned.

If you are close to retirement, well, you're going to have to stick it out to get the mention you worked so hard for but don't take unnecessary risks, especially if your police department doesn't support you. If you're new to the profession and you're trained -- well, you might want to look for a state and a jurisdiction that supports and wants to hire and will support trained professionals. Or begin the process of transitioning to a safer career.

Now, as a former Seattle Police Chief Carmen Best said when she resigned, this is about the lack of safety, the lack of security, the lack of the respect for police. We saw it again this week. Two officers shot in Louisville.

Now we saw this last night. We witnessed more shocking scenes from around the country. Look at your screen. This is the moment rioters in Los Angeles. Oh, you know, Kamala Harris praised $150 million cut to the LAPD.

This is where they attempted to block in a vehicle, a Prius with two of their own vehicles and rip that driver out of the car. Thankfully he or she was able to get away in a scene all too reminiscent of what happened to Reginald Denny in a beating in the 1992 riots.

Now, this was just one was violent incident. What is another night of the far lift mayhem across the country. Let's take a look.

(VIDEO CLIP PLAYS)

HANNITY: Thousands of cops injured since the beginning of this madness. We have what? Over 50 dead throughout the year this year. Tonight, Americans are bracing for more riots as the far left so-called demonstrators with ulterior motives continue to rage after dark. Notice we don't hear anything about COVID or masses when you are protesting or rioting or part of the anarchists.

Now, we have witnessed this week in and week out, many of these people, they don't care about truth, they don't care about justice. They don't care about the facts of any of the issues or the case surrounding in this particular case in Louisville, Breonna Taylor.

This week many protesters demanded that all three officers involved in the tragic shooting death be locked up and charged with first degree murder.

Grand jury only needed nine out of 12 to indict. They were given every option. They disagreed. They looked at the option. Every option presented to them and presented by the prosecutors.

The jury, well, they indicted one officer, two of counts of wanton endangerment, class "D" felony. The other two officers who did discharge their weapons were not indicted. According to the Kentucky attorney general, and their investigation, their actions were justified.

Keep in mind the officers returned fire after getting shot at by Breonna Taylor's new boyfriend, not the old boyfriend that they had been surveilling.

One of them was Sergeant Jonathan Mattingly got hit in the leg. We have body cam footage of the events that transpired moments after Mattingly was shot. Take a look. Do you want to be a cop? Look.

(VIDEO CLIP PLAYS)

HANNITY: Police in the cities run by Democrats for decades and blue states run by the Democrats for decades, they are facing these types of the horrible situations every day. Kamala Harris, Joe Biden redirect funds defund the police. The police become the enemy.

Oh, the Bolshevik Bernie manifesto, no bail. That hasn't worked well in New York. 99.9 percent of our law enforcement officers, they are there, they do this job. It's their calling in life. They want to protect and serve. They are willing to put lives at risk.

You know, like the 9/11 cops and the cops that walked across the ball field the day that Steve Scalise was shot up. They do it day after day, week after week, the 99 percent with honor, professionalism, bravery.

For many on the left, none of that matters. They will get if your grill.

They will get in your face -- rocks, bricks, bottles, let's see, Molotov cocktails, canes, hockey sticks, knives and guns. They simply want to burn the system to the ground as a CNN commentator made comments this week.

We have more coming up later in the show. But, first, here with -- well, let's -- the latest, let's turn to the likely nomination of Judge Amy Coney Barrett. Joining us with that on the ground, though, first in Louisville is our own Mike Tobin.

Mike, what is going on there tonight?

MIKE TOBIN, FOX NEWS CORRESPONDENT: Well, something they're doing right now is they chant just -- no justice, no peace. They're implementing a technique that they started last night or I guess repeating what they did last night. They've gone here to the Cavalry Episcopal Church and the parking lot in between that and the First Unitarian Church.

And I can show you what they're doing. Essentially what they're doing now is we've gone past the curfew time is they're seeking sanctuary in the parking lot of the church.

In reality, what they are doing is creating a dynamic where the police show up here and start enforcing the curfew. It's going to create a lot of the bad visuals and a lot of bad PR for the police. The way it worked out last night, police surrounded the whole block. They kept them here. They negotiated with a few people who represented the demonstrators. And ultimately allowed them to leave along a few prescribed routes and disperse after the protest after without being arrested, although there were a few arrests last night.

Now, earlier tonight, there were a few interactions with police. Just about 7:00, the demonstrators were told to stick to the sidewalks. They didn't stick to the sidewalks. The demonstration was declared unlawful.

Police showed up in riot gear. I call it light riot gear, batons at the ready, riot shields, things of that nature. And a couple of flash cam bangs, two, said according to the police. Flash bangs were used to disperse the crowd.

It was effective in the short term. The crowd did disperse and the numbers went down. But then they gathered up and they started marching again. They went back to Jefferson Square where a lot of the demonstrations have been headquartered, started marching again. And now, we are about five or ten minutes past the curfew they have gathered in the parking lot, and we'll see how this develops tonight. The number right now is about 150, Sean.

HANNITY: All right. Mike Tobin, we'll go back to you throughout the evening. Thank you for being on the ground for us.

Joining us now, he is on the ground in New York City, specifically marching with the protesters on the Brooklyn Bridge. Our very own Lawrence Jones, our 2020 political correspondent, investigative reporter.

LJ, we've given you a lot easier assignments, not easy out there.

LAWRENCE JONES, FOX NEWS CONTRIBUTOR: Good evening, Sean. It's been mostly peaceful.

As you know, we're on the Brooklyn Bridge right now. You can see protesters are sitting down about a half a mile ago before they got on the bridge, organizers told protesters, if you go to the left, then you got to be prepared to be arrested. If you go to the right, then that's the pedestrian way and you'll be safe on that side.

But protesters that are sitting down here, they say they're here for Breonna Taylor and they are prepared to be arrested. Right now as you can see, Sean, they are sitting right in the middle of the bridge right now.

We don't know what's going to happen, Sean, but we'll stay out here give you the latest..

We've been in contact with our police sources, to see what's going on on their side of the story. We'll give you the latest. We'll continue to follow with them for the rest of the night.

HANNITY: And, of course, Lawrence, if any of them are arrested, New York has their all new no-bail policy, they'll be back out on the street and they can rejoin the effort, can't they?

JONES: That's correct, Sean. That's part of the new bail reform effort from the D.A.'s office, as well as from the attorney general. If they are arrested tonight, they will probably make bail.

HANNITY: All right. Lawrence Jones on the ground, be safe first, Lawrence.

Thank you.

And we'll be monitoring throughout the evening. Anything breaks, we'll come right to it.

We turn now to the impending Supreme Court nomination. We start with a little background on Judge Amy Coney Barrett. She's the mother of seven, including two adopted children from the country of Haiti. She is a practicing Catholic, just like Joe Biden and Nancy Pelosi.

She has embarked on a successful and impressive career as an attorney, as a professor and as a judge. If confirmed, she will be the youngest person on the bench. She will be the fifth woman ever to serve on the U.S. Supreme Court.

Judge Barrett is known as a textualist, one who values the meaning of the U.S. Constitution. That would include things like the First and Second Amendment.

She has argued in favor of gun rights, as is in the Constitution, including for those who have been convicted of nonviolent crimes. She is also a strong defender of due process and the presumption of innocence.

Now, on the issue of abortion, in spite of the lies the left will tell you, Judge Barrett has been described as personally pro-life but has expressed doubts that Roe v. Wade will ever be overturned.

Again, she is an originalist. She believes in precedent and she has said so.

She believes in co-equal branches of government. She believes in the concept the separation of powers. She is not an activist jurist. She is not trying to write or recreate settle law and she will not legislate from the bench.

And despite what you will hear which will be a lot of lies predictably from Democrats, Judge Barrett has never directly ruled on any abortion case. She did once argue in favor of judges recusing themselves for conscience issues or religious reasons surrounding important cases like the death penalty -- in other words, issues of conscience. I thought that mattered to people on the left.

Judge Barrett is extraordinarily well-qualified. She is extremely smart, educated with a lot of experience, extremely impressive individual, professional on every level. She is a constitutionalist that means the left will and is already vilifying her.

Now, they want you to believe and they will want you to believe she's an extremist monster who is unfit to serve. They will lie. They will smear.

They will slander. That is who they are. That is what they do.

Yahoo News, they published an article. It reads, quote: This is Amy Coney Barrett, the potential RBG replacement who hates your uterus. That's a lie.

"Reuters" openly wondered if this was the beginning of the handmaid's tale, quote, U.S. Supreme Court candidate's religious community under scrutiny.

And "Reuters" was only one of many outlets that attempted to use the dystopian handmaid's tale to smear Barrett's Catholic faith.

Does anyone question Joe Biden's faith? No. Anyone question Nancy Pelosi's faith? No, and by the way, nor should they, nor should anyone. That is between them, their conscience, their church and their personal belief in God. It's nobody's business.

It happens to be a fact that they are at odds with, quote, church doctrine on many issues. That's none of our business.

Now, still "Newsweek" published the basis attack against justice or Judge Barrett. So did several other so-called news organizations.

The attacks on Judge Barrett's character didn't stop there. This is the beginning of -- well, a month from hell for her and her family.

Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: So I think the stakes of this nomination are very clear.

If it is, in fact, Barrett, she is someone who will implement Donald Trump's agenda across the board.

UNIDENTIFIED FEMALE: Forty-eight-year-old Barrett is a mother of seven who has won over religious conservatives for having anti-abortion views.

UNIDENTIFIED MALE: But in some ways, she would be the polar opposite of Ruth Bader Ginsburg because she's a pretty clear opponent of abortion, and that may be a key point for the president. He'll want to nominate somebody who is determined to overturn Roe v. Wade.

SEN. CHUCK SCHUMER (D-NY): There's civil rights and labor union rights and gay rights and women's rights, the right to choose. Roe v. Wade could be undone by a court this extreme.

(END VIDEO CLIP)

HANNITY: No, she said she believes in precedent. As a matter of fact, the president is talking about it right now.

Let's dip into Newport News, Virginia.

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: -- only for the political reasons. It's not your fault.

You know who's fault is it? It's China's fault. That's whose fault it is.

That's whose fault it is.

But, you know, it's an amazing thing because the Democrats are saying, well, it's the end of a term and because -- you know, we have a lot of time left. Think of this. If it were them, don't forget, we don't have to do it by the election but it should be really able. That will be a great victory.

Going into the election with the biggest of all victories. You know, they say, the biggest thing you can do is the appointment of judges, especially the appointment of the Supreme Court justices. That's a single biggest thing a president can do, because it sets the tone of the country for 40 years, 50 years. I mean, a long time.

So, we're going to be announcing somebody great. I just think you know, I watched -- the great thing about Air Force One, there are more televisions on that plane than any plane. They got them in every room. And you open up for a closet, you want a shirt, oh, there's a television.

I am watching the Democrats saying how terrible it we are appointing -- we have the right, we won the election, right? Then we have the right. We won the election.

(APPLAUSE)

And we have a lot of time. And if they were in opposition, they would do the same thing. Maybe they would just do it more rapidly, OK? More rapidly.

So, tomorrow, I think, is a big day, 5:00 tomorrow at the White House.

We're going to be naming the nominee. Hopefully, it will be on the court for 50 years, 5-0.

(APPLAUSE)

Be on there for 50 years.

The only thing I can tell you for sure it will be a woman. Is that OK?

(CHEERS AND APPLAUSE)

Does anybody have any objections to that, please?

CROWD: No!

TRUMP: Please raise your hand. A lot of cowards out there. Look at you men.

There is not one man here who has the guts to raise your hand? Not one.

If given the power, the radical left will pack the Supreme Court with extremists who will strike the words "under God" from the Pledge of Allegiance as they did twice.

(BOOS)

I heard their pledge of the allegiance, they had it in their caucus. I'm watching. I said, oh, they made a mistake. I said to the first lady, darling, they made a mistake. They left the words "under God" out.

Then I heard it a second time and they made the same mistake. I said, this is strange. This is like guys on the Mueller team that clean their phones, right? Thirty-one phones.

(BOOS)

And they said, oh, we made a mistake. They all made the exact same mistake.

The odds of that are a billion to 1, right?

Oh, they got caught. Did you see what is going on? Oh, they got caught.

I feel sorry. That's a -- that's a shame. Yeah. They should be. I tell you.

They should be.

They are crooked people. They are crooked people. So they cleaned up their phones.

Hillary Clinton took the phones and smashed them. She took 33,000 e-mails and deleted them after Congress requested them. I think they are looking at that, too. I think so. I think so.

(APPLAUSE)

Can you imagine? I have a friend. He's very smart. Rich guy. Made a lot of money. But he's a very street wise guy.

He said, you know, you've been under investigation by the thieves, and they're smart. They just weren't smart when they all used the same method to clean the phones. That wasn't smart, you know, at least put a little bit

-- 31 different phones. Like what is it? Twenty-one people, 31 phones.

But that's okay. That's okay. That's only -- that's only illegal.

But this friend of mine said, you know, they've gone through everything.

They've gone through your taxes. They've gone through your financials.

They've gone through everything.

You have to be the most honest guy in the world. And they come up, no collusion. Oh, they want -- if they found, if they found anything.

No, it's a bad group of people headed by Robert Mueller. Bad group of people.

(BOOS)

Who wanted the job at the FBI but he lied to Congress. He said he didn't say that, but he did. He did. We have all the proof. He is in the same group, you know?

But they are actually in worst shape. Because at least with Mueller, you can say he probably didn't know what the hell he was doing. Sort of like Joe Biden. I figure about the same. Does that make sense? Does anybody understood?

How would you like to, you are getting a divorce or something and you say, I got to be represented by Bob Mueller. Do you think so? You saw his performance in Congress, right?

I want to be represented by Bob Mueller? No. The same thing. How can we have Joe Biden representing this country?

(BOOS)

And, you know, he is on the lid. You know, the lid, right? The lid is when they say we will put a lid on it. So I guess it means what it's supposed -- I have no idea.

It's a lid. But it's an expression. And every day, early in the morning, they say, Joe, Joe -- I mean, Joe Biden, sleepy Joe, he's put a lid on it.

Sir, Biden has put a lid on it. What does that mean? That means he is not working today. This guy takes more days off.

You have to have a president that is going to work his ass off in this country.

(CHEERS)

You need energy. You need a very energetic president.

They said, how do you think he's going to do in the debate? I think good.

He's been doing it for 47 years. I think he's going to do good, I think.

And one thing we know if he does just okay, just okay, they're going to say

-- the fake news, they're going to say, it was the single greatest debate performance in history. It was unbelievable, far better than Winston Churchill in his prime. Winston Churchill was nothing compared to sleepy Joe.

So, you know that. If he finishes the debate -- if he finishes, which I think he will. He might even do well. But if he does well, they're going to say, it's the greatest debate -- they have it already written.

They have a couple of scenarios. If he does really poorly, they're going to say he wasn't bad. He wasn't bad. If he does modestly well, like he did against Bernie, they were sort of even. If he does like that, they will say it was the greatest performance in history.

But with your vote, I will preserve our Constitution and ensure law and order.

(CHEERS AND APPLAUSE)

Joe Biden is weak. He surrendered his party to the flag-burners, the rioters, the antipolice anarchists, the radicals, all these guys running around, these Democrat-run cities and states. Look at it. Ten out of ten.

We could fix up Portland so fast. They have to invite us. I want to be invited in to that one. We would fix that one like we did Minneapolis. We would fix that up in less than a half an hour.

Remember, Minneapolis. They were -- I mean, the problem is they invited us in two weeks. By the time they invited, there were a lot of flames behind them.

Remember the reporter standing there. "This is a peaceful protest."

And behind them, you have blocks and it look like Berlin during the war.

Didn't it? I never saw anything -- this is the craziest thing. It's a peaceful performance.

But what we did, we said it's a peaceful protest, and we don't call these rallies anymore, because in Dem states like where you have a governor who is a Democrat.

(BOOS)

You're not allowed to go to church. You're not allowed to go to a restaurant. You're not allowed to go to your friend's house.

You can't move from your house unless you are related to the governor. Then you can do whatever the hell you want.

You can't do anything. You can't do anything, unless, of course, it's a peaceful protest. OK?

And so, what we do is we call these peaceful protests, we're getting big crowds, 25,000, 30,000, 35,000. There is more enthusiasm now than there was four years ago because we've done a good job, right? There is more now.

(CHEERS AND APPLAUSE)

Now, we have more enthusiasm now than we did. You know, it's interesting.

Don't forget four years ago, I did a nice job. I was successful. I had a great television show, "The Apprentice." It was great.

People got to know me a little bit. I said, let me run -- from the time, the first hour that we came down the escalator. The first lady and I down the escalator, her with a white dress, right? It's a very famous escalator right now. People go take pictures of the escalator.

But we came down the escalator. We were in first place, right? We never went -- I never left center stage, right? And that's based on the poll numbers.

If you're the number one poller, and I said, look, I want an odd number. I don't want an even number because -- what are you talking about? Because that means two people are in center and that's not fair. So, I want an odd number.

We were in center stage. But we've done a good job. What happened is I came and I said I was going to cut your taxes. We gave you the biggest tax decrease in history, right?

(APPLAUSE)

I said I was going to cut regulations and we were going to have an incredible economy. Regulations were probably even more important than the tax cuts, OK? If you want to know the truth.

You ask the businesspeople, the great ones. They will tell you if they have a choice they will take the regulation cuts. And we still have a ways to go with that.

But we did that. We rebuilt the military. We added Space Force. What we have done is far more, far more -- right to try. How about right to try? I never talked about that. I never talked about it.

We knocked out 100 percent of the ISIS caliphate, right?

(CHEERS AND APPLAUSE)

We achieved energy independence. And we've done it while protecting our very pristine environment, by the way.

And earlier this month, oh, you're going to be so happy. Virginia and North Carolina, c'mon. North Carolina, you're going to be so happy. You're going to be cheering like crazy because I think you like this.

But about a month ago, I signed an order prohibiting offshore drilling on the Florida, Georgia and South Carolina coast, right? Right?

(APPLAUSE)

And because I happen to like this state a lot, I said, what about Virginia?

What about North Carolina? And somebody said, I don't know. I don't know if they like it. I said I think they like it.

So I'm extending the moratorium to North Carolina and Virginia. OK?

(CHEERS AND APPLAUSE)

And if you want to have oil rigs out there, just let me know. We'll take that off. I can understand that, too. I can understand that, too, but I think you want it.

So we're extending it to Virginia. We're extending it to North Carolina, up the coast. And we're not going to have any problems like can be had, all right? So, I think you like that.

If you don't like it, you're going to let me know. I'm going to change it -

- I can change things very easily.

We built the greatest economy in the history of the world and now we're quickly doing it again.

So, I did all of these things. And in doing all of these things, you said the second time well, now, this is actually a much easier campaign in a way.

The only problem is I've been tarred with this horrible witch hunt for four years. I didn't do it!

(BOOS)

So think of it. What would my numbers be, if I didn't go through almost four years of a Russian witch hunt --

HANNITY: We'll check back in with the president and his rally in Newport News, Virginia.

We do have a lot of breaking news, though, this Friday night.

Back to the issue of Amy Coney Barrett. We expect the announcement at 5:00 p.m. Eastern tomorrow. The president mentioned and confirmed at the White House.

And we need to remind people of something very, very important. It's called our Constitution, Article VI, Clause 3. Our Constitution reads: No religious test shall ever be required as a qualification to any office or public trust under the United States.

Of course, the Democrats don't seem to care about the Constitution, do they? As the president was just discussing. You need to hear Dianne Feinstein and her vicious attack against Judge Barrett and her faith during the Circuit Court of Appeals confirmation she had a few short years ago.

Listen.

(BEGIN VIDEO CLIP)

SEN. DIANNE FEINSTEIN (D-CA): I think whatever a religion is, it has its own dogma. The law is totally different. And I think in your case, professor, when we read your speeches, the conclusion one draws is the dogma lives loudly within you. And that is of concern.

(END VIDEO CLIP)

HANNITY: What about Joe Biden's dogma? Radicalism. His Bolshevik Bernie and Biden manifesto?

What about Nancy Pelosi's extremism? We can -- we can impeach the president every day of the week.

By the way, what you saw there, we'll call that a preview of coming attractions. Buckle up, the Democrats about to drag the country once again through hell.

All right. Here to weigh in on the process is the Arkansas Senator Tom Cotton.

Senator, we know it's coming. We just went through it with Justice Kavanaugh. Seems like yesterday. What they did to Judge Bork, the smears, the lies, the slander. What they did to Clarence Thomas was beyond repulsive.

Senator, can you hear me? I don't think Senator Cotton --

SEN. TOM COTTON (R-AR): Yes, Sean.

(CROSSTALK)

HANNITY: OK, go ahead, sir.

COTTON: Yeah, Sean.

So, first, I don't want to get ahead of the president. He nominates and we provide advice and consent. But if your reporting is correct, I can just tell you, I'm thrilled with his nomination.

There's going to be a near unanimous support among Republicans in the Senate and I think the American people are going to be deeply proud of Judge Barrett.

She's proven herself an outstanding judge in just the last three years on the Court of Appeals. And as you pointed out, she went through a very tough confirmation hearing in which the Democrats attacked her for her faith, which is part of a pattern of Democrats attacking judges for their faith, whether it's Dianne Feinstein saying that dogma lives loudly within her or Kamala Harris attacking another nominee for belonging to the Knights of Columbus.

You saw what they did to Brett Kavanaugh. I imagine it's only going to be worse for Judge Barrett. But I know that she'll stand up with resolve and she is going to make the American people proud not only over these next few weeks for her confirmation but for the years and years of service she would have before her on the Supreme Court.

HANNITY: Do you expect this will happen before the election? The timetable Lindsey Graham laid out would be before the election.

COTTON: Yes, Sean. I see no reason why we wouldn't. The Senate has confirmed justices in that amount of time before.

And remember, we just confirmed Judge Barrett fewer than three years ago.

So there's not that much more to review. She's written just a few dozen opinions. I've already reviewed them all. Any other senator can do that as well.

She's been fully vetted. We had this vote just three years ago to the Court of Appeals. It was a bipartisan vote with Democrats supporting her as well.

So I believe that we'll move forward without delay. I think this confirmation will be prompt and it will happen next month.

HANNITY: And nobody did that to Elena Kagan or Justice Sotomayor or Justice Ginsburg for that matter.

Senator Cotton, thank you for being with us this Friday night. We appreciate it.

Here for their quick take, author of the bestseller, "Guilt by Accusation", a Harvard professor, Alan Dershowitz, FOX News legal analyst, two bestsellers in his own right, number one bestsellers, Gregg Jarrett is with us.

You're more of a Democrat. I don't -- I don't think you had a problem with Justice Sotomayor or Justice Kagan or Justice Ruth Bader Ginsburg or Justice Breyer for that matter, Professor Dershowitz. I can't think of an instance comparable to Kavanaugh, Thomas and Robert Bork that Republicans have ever treated the Democratic nominee the way the way they treat Republican nominees.

ALAN DERSHOWITZ, HARVARD PROFESSOR: Well, I sure hope they don't try to impose a religious test on Judge Barrett. That would be clearly unconstitutional. A person's faith shouldn't be called dogma.

HANNITY: Amen.

DERSHOWITZ: It should be called faith and belief in God. They can't really probe her personal church attendance where she goes.

What they can ask her is whether or not her views on abortion will in any way influence her decisions and Justice Scalia wrote about that. She's written about it. When do you recuse yourself?

If you have to render a decision that violates your deeply held faith, do you have to recuse yourself? I hope that's the level of conversation that we have -- serious, academic conversation.

(CROSSTALK)

HANNITY: By the way, Professor, she's already answered that question.

DERSHOWITZ: -- Feinstein, but she'll be asked again and she'll be probed.

But I have to tell you, the Democrats will make the mistake. If they keep Senator Feinstein as asking the questions, what the Democrats should do if they're smart is hire a really good liberal Democrat lawyer to conduct the investigation at a high level in which she can be pressed on some of her answers, that's fair.

HANNITY: Professor --

DERSHOWITZ: But none of this in the gutter stuff, none of this Kavanaugh stuff --

HANNITY: Professor --

DERSHOWITZ: -- that has to be ruled out.

HANNITY: After what they did to Kavanaugh, count me in the pessimistic column here, on that part. I will get to back to you, and Gregg Jarrett.

DERSHOWITZ: Well, I am, too, but I'm just aspiring.

HANNITY: No, I agree. You just take the high road. It's this -- there are different judicial philosophies.

DERSHOWITZ: Yeah.

HANNITY: Let's go -- the president is talking about Joe Biden now. Let's dip in.

TRUMP: Stupid -- you have to have some pride. You can't go. But the way they treated him so badly, you can't do that. But they're going to destroy the suburbs.

You know, I keep hearing about suburban women like you, right, suburban women. Well, I just ended a regulation that would have allowed projects in your -- do you mind having a project next to your house, you're beautiful -

- you live in a beautiful house, right? Happily married, beautiful kids, everything perfect, the American dream, right?

Do you mind having a project built next door?

Yeah, she sets she minds.

You know who minds? Everybody minds.

I just don't think anybody knows that we did this. I really don't. I don't think anybody knows.

And they're going to change the zoning that allows them to build projects in the suburbs. So the guys came to me, I said, I want to end that. They came, sir, we're all set. We're going to really bring it back.

I said, no, I didn't say bring it back, I said I wanted it ended. Well, that's not so easy. I said, I want it ended. I don't want it. I don't want it.

And we terminated it, so you can live happily ever after -- if you vote for Trump, if you don't vote for Trump, you can forget it because they will put

-- you know, who's in charge of it? Cory Booker, Senator Cory Booker, he's another beauty.

(BOOS)

He was Elizabeth -- if you really take, you had Elizabeth Warren, you had Cory Booker and you had Kamala -- you know, if you pronounce her name wrong, she goes crazy. Kamala, like a comma, it's like a comma. She's like a comma.

And, by the way, nobody treated sleepy Joe worse than his vice-presidential pick. I brilliantly said, he'll never pick Kamala because he got treated -- he got called a racist, he got called xenophobic, which he didn't know what that meant, he got called all sorts of things, right?

And so, I said, no, obviously, he's not going to be he picked her. I couldn't believe it. But I think that's good. We like our Mike Pence. We like Mike Pence.

(CHEERS AND APPLAUSE)

And she's rated further left than Bernie Sanders. I thought he was the most left in the -- he's not actually even in the party. He's sort of like an independent. Nobody ever used to say that but he's like an independent.

But she's rated further left than Crazy Bernie, and this is what you want?

I don't think so.

Just so you understand, if -- and then she calls it the Harris administration, along with just like you're naming a movie the producing credits, right? In the Harris administration, along with Vice President Biden -- no, no, no, he's heading up the ticket. But then he said the same thing, he put her name first.

I've never done that, I love Mike, but I've never said, Mike Pence and Donald Trump. I always say Trump, because you know what, you got to know that. You're the president.

He doesn't know that he's in first position. He doesn't know it. He doesn't know it. He forgot he, forgot.

Hey, look, you're entitled to a mistake every once in a while. It was strange that they did it almost in the same hour, though, right? It was like one on top of another.

Give free health care -- they want to give free health care to illegal aliens and indoctrinate your children with poisonous anti-American lies in school. We don't like that.

(BOOS)

To combat the toxic left and you see what it is, it's toxic. Left-wing propaganda in our schools -- I announced last week that we are launching a new pro-American lesson plan for students called the 1776 Commission.

HANNITY: We're going to come back to the president, but we have a ton of breaking news. We want to first get final comments.

We heard from Professor Dershowitz. Now, I want to hear from Greg Garrett and what are we going to expect. Twenty-nine times, as you know, Greg Jarrett, sitting presidents have had vacancies on the Supreme Court. All 29 times, those presidents have filled those seats when the president of one party has a majority in the Senate and the same party while 17 of those vacancies were filled.

When it is the Senate majority of another party, only one of the ten were filled in that case. So it shouldn't surprise anybody that this is this is the precedence that we're going to hear so much about in the days to come.

GREGG JARRETT, FOX NEWS LEGAL ANALYST: Oh, absolutely, and in fact, six U.S. presidents actually appointed Supreme Court nominees, Sean, after they lost their re-election bid and before their successor the winner took office.

So the president has every constitutional right to do what he's doing, so does the U.S. Senate.

And having picked a woman, I think, you know, Donald Trump has insulated the nominee from the cavanier (ph) like -- Kavanaugh like smears that took place over sexual assault.

But make no mistake about it, if it's Amy Coney Barrett, she'll be attacked on everything from immigration to abortion and especially her religion. And I was happy to see former Senator Joe Lieberman say, attacking someone's faith as a nominee is really un-American, it's not only that. It's unconstitutional, as you point out a violation of the Article Six of the U.S. Constitution.

Not that Dianne Feinstein who's not a lawyer has ever read the Constitution. If she did, she clearly didn't comprehend it.

So it will be an attack on Amy Coney Barrett, but she is the kind of person articulate and poised and intelligent who can well handle it.

HANNITY: All right, Professor Dershowitz, thank you.

DERSHOWITZ: We need a serious confirmation process, yes.

HANNITY: Professor, I hope you're right. I know you would do it seriously and you have -- you and I have different judicial philosophies. I'm more on the camp of Scalia and Thomas.

Interesting, though, Scalia, Thomas and Ruth Bader Ginsburg got along famously with such ideological differences.

You and I --

(CROSSTALK)

DERSHOWITZ: -- got along with Scalia very well and yeah, yeah.

HANNITY: Brilliant juries.

DERSHOWITZ: We have to get along and we have to have -- yes, and we have to have reasonable arguments and debates there are good questions to be asked, but not about religion.

Remember, they did it to Brandeis. They try to keep him off the court because he was Jewish. Those days hopefully are in our past forever.

HANNITY: I -- it didn't sound like Dianne Feinstein the last time.

From your lips, Professor, we agree on that as -- we've been agreeing more lately. You coming around, I think I've hand-tied you over the years a little bit.

DERSHOWITZ: I'm worried. I'm getting --

(CROSSTALK)

HANNITY: It's not helping you with the Martha's Vineyard crowd, I know that. Anyway, thank you for being with us.

DERSHOWITZ: No.

HANNITY: All right. Now, we do have other news. The president is introducing local officials now we'll get back to his speech. But it is clear that he is following through on his commitment to empower African American communities, the president unveiling a whopping billion plan for black America.

Now, this plan offers new programs for African-American entrepreneurs, promises to secure more lending for African-American-owned businesses and also designates hate groups like the KKK, Antifa or Antifa depending on your pronunciation as a terrorist organization, both of them.

Sadly, so-called activists on the left care more about scoring cheap political points and dividing the country and actually improving circumstances for the forgotten men and the forgotten women across this country.

Earlier today, for example, you know, the look at the Women's March co- founder, remember we talked about her, Tamika Mallory, went on a vile tirade against the Kentucky African American Republican attorney general.

It's one of many vile attacks that he's taken on this week. Watch this.

(BEGIN VIDEO CLIP)

TAMIKA MALLORY, ACTIVIST: Thought about him saying he's a black man I thought about the ships that went into Fort Monroe and Jamestown with our people on them over 400 years ago, and how there were also black men on those ships that were responsible for bringing our people over here.

Daniel Cameron is no different than the sellout (EXPLETIVE DELETED) that sold our people into slavery.

(END VIDEO CLIP)

HANNITY: Well, from the peaceful left.

Now, thankfully, other prominent African American figures, they are standing up and speaking out, calling out the new extreme left, anti-police agenda.

Let's listen to NBA legend Charles Barkley last night. He couldn't be more right. Take a watch.

(BEGIN VIDEO CLIP)

CHARLES BARKLEY, NBA LEGEND: You know who ain't going to defund the cops, white neighborhoods and rich neighborhoods. So that notion they keep saying that, I'm like, wait a minute, we just going to leave who -- who are black people are supposed to call, Ghostbusters? When we have crime in our neighborhoods?

We need police reform. But like I say, white people, especially rich white people, they're always going to have cop. So we need to stop that defund or abolish the cops crap.

(END VIDEO CLIP)

HANNITY: Actually, police reform -- well, that wasn't Barack. That wasn't Joe Biden. That wasn't even, you know, the person that ended chokeholds unless your life is in jeopardy, that would be police reform under Donald Trump. Criminal justice reform to end disparate sentencing among races, that was Donald Trump too.

Opportunity zones, that wasn't Barack or Joe. That was Donald Trump.

Opportunity Zones, that was Donald Trump. Record low unemployment for every minority group in the country, that too was Donald J. Trump and not Barack and not Joe.

Four thousand homicides in the eight years Joe and Barack were president, vice president and four thousand homicides in one city, Chicago, Barack's home city. They did nothing. They barely mentioned it. Nearly twenty thousand people shot in that eight-year period.

Here with reaction all of this, former NYPD commissioner, I just call him commissioner, he's a friend of mine, Bernie Kerik, along with civil rights attorney, @TheLeoTerrell, Leo 2.0, as his hat says.

Leo, you're a civil rights attorney. You see these despicable attacks against the attorney general of Kentucky. He presented that jury with every possible option, including capital murder. In other words, the death penalty.

The jury was given the evidence. You need nine of 12 jurors, the defense doesn't put on any case before a grand jury to get an indictment, you need nine 9 of 12. If you can't get 9 of 12 for a charge, you're not going to get 12 of 12 for a conviction, are you, Leo?

LEO TERRELL, CIVIL RIGHTS ATTORNEY: Absolutely not. You know, I'm a lawyer, I've been doing civil rights, police misconduct cases for 30 years. And the grand jury and the district and the attorney general got it right.

But I have to say this, Sean. That woman who made those racist comments, could you imagine if a Republican said that? She questioned Daniel Cameron's blackness and analogized to slavery and Charles Barkley's getting all this blowback?

The racist party is the Democrats. If you don't agree with them on their blackness issue, you're thrown off the plantation. I'm glad I'm thrown off.

But they are not arguing about any progress.

Donald Trump announced today a $500 billion economic plan for black Americans, outlaw -- calling the Klan a domestic terrorist group, along with Antifa.

I would challenge any Democrat to match Donald Trump's accomplishments and say we've topped this.

This president is the most proactive president we have ever had. He's not trying to remedy problem. He's trying to move black people ahead of the game, and this is amazing.

But the Democrats -- all they want to do is burn and loot. Donald Trump wants ownership and control for black American employment.

HANNITY: Well, can we also bring up the fact that Joe praised the former Klansmen Robert KKK Byrd?

TERRELL: Yes.

HANNITY: The guy that filibustered the Civil Rights Act, was against the Voting Rights Act, and then partnered in the late `70s to stop the integration of public schools because he said he didn't want his kids growing up school --

TERRELL: Racial jungle.

HANNITY: Racial jungles.

All right, Bernie, we'll get to you. The president's talking about Biden right now and the deep state. Let's listen in.

TRUMP: -- he was bad to me. Now, he's great to me.

He said, hey, would you rather have a nice guy that doesn't do anything or a horrible human being like Trump that gets it done? They all say, I'd rather have the horrible human -- I'm not a horrible human. I'm a nicer guy.

I always get very offended when they say about like -- well, maybe people don't like him, but he gets everything done. I think people like me, but I do get it done.

(CHEERS AND APPLAUSE)

More than any administration ever in three and a half years, first three and a half years.

CROWD CHANTING: We love Trump! We love Trump! We love Trump! We love Trump!

We love Trump!

TRUMP: I'll tell you -- that is so nice. That is so nice.

The first just talk about the seating. We're going to don't worry about the justice will get her seat, don't worry about that, and that's a nice -- that's right.

But, you know, they say -- these people said, they've never heard a political campaign where a big audience says, we love Trump or the candidate. I've never heard it. I've never heard it.

(CHEERS)

It's true. I've never heard it for Ronald Reagan and I like Ronald Reagan but I've never heard it, and they've never heard it. Nobody's ever heard it.

Who says that? But I love you too. I really do. I do.

(CHEERS AND APPLAUSE)

And we're getting it done.

No, they've never heard that chant. I've never heard it and it started about two weeks ago. I've never heard it even before.

But again before --

CROWD CHANTING: We love Trump! We love Trump! We love Trump! We love Trump!

We love Trump!

TRUMP: I want to thank you. It's really nice.

And we've got to go out and we've got to really work hard, and we've got to watch this ballot scam, because they are scamming us. OK? They are scamming us.

And then they say, he doesn't want to turn over government. Of course, I do. But it's got to be a fair election.

You know, see, that's another scam. They don't mention anything about ballots. I say, got to be a fair election, when they're losing ballots all over the place. When they're losing ballots that just happen to be Trump ballots.

You know in Virginia, did you hear? In a very Democrat area, they sent two ballots to thousands of people, a thousand or thousands of people. It just came out over the wires. So people in the Democrat area got two ballots instead of one.

This is -- they had eight ballots in a wastepaper basket. Military ballots that all for Trump. Everyone was for Trump.

And they were in a wastepaper basket. They were thrown away. Somebody saw them. They had many, many ballots thrown in a river some place. I don't know the state.

These are just a few of them. Then go back earlier. Go back to the Democrat primaries. Go back to the great state. Iowa. I love Iowa.

We are going to win Iowa big -- big, big, big. We won it last time by 11 points. We're going to win it big. With ethanol and what I have done for them, with the $28 billion for the farmers, and that includes you. That includes tobacco. That includes a lot of things, but it includes your farmers.

But you go back to their primaries. Go back to the primary, the Iowa --

HANNITY: All right. The president going off-script a lot tonight. You can tell.

Bernie Kerik, you see what is happening in terms of the law and order.

Kamala Harris praised the $150 million cut to the LAPD. Joe Biden is on record, redirect funding to the police. Joe Biden is on record. Police become the enemy.

They didn't even mention the violence in American cities. We've had, what, over 3,000 police officers just from the time this all began. We have nearly 50 dead cops this year. We had assassination attempt in L.A.

It's getting worse. I don't know how a billion-dollar cuts are going to work with the NYPD. You were the commissioner. It doesn't sound good to me.

BERNIE KERIK, FORMER NYPD COMMISSIONER: No, it's not good, Sean. And, you know, nobody is talking about Kamala Harris, you know, purposefully, intentionally getting people to donate money to a fund that bails out rioters that were involved in arson and murder.

HANNITY: This is in Minneapolis.

KERIK: In Minneapolis.

Nobody is talking about Joe Biden having 13 or 14 of his staff members bailing people out of jail for attacking cops.

And I want to touch on Charles Barkley for one second, Sean. Charles Barkley was attacked because he told the truth.

Charles Barkley, I can take his argument one step further. You know who doesn't want us to defund the police? The real leadership in the black communities. You know why? Because they know if they lose the police, their violence, their murder rate, their shootings, their violent crime goes sky high.

We saw it in New York City. We dropped the murder rate by 80 percent in the black community. We dropped violent crime by 65 percent under Giuliani.

I know how to do it. I know it can get done. The problem is you have the Democratic leaders today in these cities. And in the states that just will not do the job they are supposed to do.

HANNITY: Hey, Bernie, you can't pursue happiness if you don't have law and ordinary and safety, security. Every American deserves that.

KERIK: That's right.

HANNITY: You and Rudy did it.

KERIK: Sean, listen, Rudy used to say one thing to everybody. Nobody wants to visit, live, work or go to school in a place where they're not safe, where mothers are putting kids to bed in bathtubs at night afraid of random gunfire.

We have to stop the violence in these cities. The only way to do that is vote out the Democrat leaders that are there today.

TERRELL: Amen. The number one obligation of every civilized society is protecting the society. And these extremist group and Bernie is absolutely correct. They are going after the black and white officers.

In Louisville two officers were shot -- one black, one white. These extremists don't care. They just want total chaos.

And Democrats have been tricked, because they think they are working with these guys. These are just chaotic and they're extremists and they want to destroy the country. Period.

HANNITY: All right. Thank you, both.

We're going to get back to the president in just a moment.

Nancy Pelosi earlier today saying that Biden shouldn't even be debating.

Now we also have Joe Biden earlier today resurface video from 2016, ripping the U.S. troops, calling them stupid bastards and slow. Let's run that tape just found tonight.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: You earlier suggested that Biden shouldn't debate. Do you still feel that way?

REP., NANCY PELOSI (D-CA): I do. And not that I don't think he will be excellent. I just think that the president has no fidelity to factor truth.

He and his henchmen are a danger with their comments, a danger to our democracy. So, I don't want to give him -- why bother?

(END VIDEO CLIP)

HANNITY: Let's throw to the tape I was referring to, that Biden said this in front of troops

(BEGIN VIDEO CLIP)

JOE BIDEN (D), PRESIDENTIAL NOMINEE: And I'd like you to know notwithstanding (INAUDIBLE). One, I have married Jill, and two (INAUDIBLE)

Clap for that, you stupid bastards.

(APPLAUSE)

BIDEN: (INAUDIBLE) dull bunch. Must be slow here, man.

(END VIDEO CLIP)

HANNITY: Here with the reaction, Salem nationally syndicated radio host, Larry Elder, former White House chief of staff Reince Priebus.

Look, let's look towards Tuesday, the debate. Here's what I think is happening. I think Joe Biden now, they are resetting his clock, which is why we won't see him until Tuesday.

But that, they want the key, strongest cognitive hour of the day to be 9:00 p.m. Eastern, for Tuesday night. Maybe up -- this is just a total theory.

I'm pulling it out. It's just "Hannity" theory. No proof, no evidence. This is the opinion part of the program for idiots in liberal mob.

OK. Now, I think he is practicing probably. They are trying to get him to memorize five points per topic. They've probably given him two attack lines per topic to try and bludgeon Donald Trump.

Am I wrong?

REINCE PRIEBUS, FORMER WHITE HOUSE CHIEF OF STAFF: I don't think you are wrong about the tactics at all. The expectations for Joe Biden now are so low. It shouldn't be. He has been in office for 47 years.

But you know, the president is the incumbent. There is always an extra burden on the incumbent. That is where the first debate, Sean, is so important.

But what the president has got to do is similar to what you outlined. But he's got to answer the question, take half the time to talk about what his own accomplishments and then he's got to throw it back and pivot, pivot back to Joe Biden within half of the time.

So if you're talking foreign policy, the president has got to talk about moving the capital from Tel Aviv to Jerusalem, Middle East peace, Baghdadi, Soleimani, North Korea, USMCA.

HANNITY: Can't hear.

PRIEBUS: Then pivot back to ISIS. And pivot back to ISIS. Pivot back to the fact that it was a mess when Barack Obama was in office and Joe Biden. And the one accomplishment they had in killing Bin Laden, Joe Biden wasn't even on board.

And then when you talk about race, you talk about First Step, HBCUs, Opportunity Zones and then pivot -- pivot back to Joe Biden, `94 crime bill.

HANNITY: He's probably going to have to answer --

PRIEBUS: Did very little for the black community.

HANNITY: He's going to have to answer -- what does that -- OK, he's going to answer - ask the questions that Joe Biden never answered. He will have to do the job of everybody in this debate, while he's got a chance.

Joe, do you regret what you said about race? Hey, Joe, do you regret saying the travel ban a was xenophobic?

All right. Larry, stay right there, the president is talking about this now. Let's deep in.

TRUMP: Judges including court of appeals, and now, we're going to have three Supreme Court judges. Their minds are blowing, their minds.

You know, you've had many presidents never had one Supreme Court judge.

We're going to have three.

Of all people -- that's a record -- of all people to get three Supreme Court justices in one administration, in one term. They are going crazy.

They are saying, darling, tell me this is not happening.

But you'll see it tomorrow at 5:00. With the help of the incredible workers of Newport News, and Norfolk naval shipyard, we will build 355. We are going to have a Navy again of 355 ships. That's what we need. That's been depleted.

And they are already being built. We've got -- we've got a few big ones.

Beauties being built, including aircraft carriers.

Biden will slash military funding and ship --

HANNITY: By the way, obviously a big issue of building ships in Newport News.

Quickly, Larry, I like your take. You are a talk show host and you debate for a living. What would you tell the president in terms of -- he's not notoriously -- I argue the rallies are preparing him. He knows the subject matter like the back of his hand. What most people don't know, probably 70 percent of the speeches is ad libbed.

That is not from the teleprompter. I can tell you from -- because I talked to the teleprompter operators. It's the hardest job working on this show or on his, you know, on his campaign.

But what do you advise him on the debates? Larry Elder, you are a good debater.

LARRY ELDER, SALEM RADIO HOST: Well, if I were advising President Trump, I would tell him that Joe Biden's support is black support. If he loses black support, he is done.

So, I would concentrate on the lies Joe Biden has told to get the black support. He's lied and said NAACP has endorsed him in his campaigns. They endorsed him in zero campaigns.

He lied and said he was arrested trying to visit Nelson Mandela. He did not get arrested trying to visit Nelson Mandela. And for 30 years, he's been talking about his civil rights record, claiming he's gone to black churches and to organize protest against the segregationists at restaurants, in movie theaters in Wilmington, Delaware, zero evidence he's done any of this.

So, he's been lying for decades about his civil rights record. And he's gotten a pass. I think a lot of black people who watch CNN and MSNBC are unaware of these lies. Donald Trump ought to talk about that, and black people might be offended at how condescending and stupid he thinks that they really are.

HANNITY: Polls show -- and he set record low unemployment for ever demographic, Biden and Obama didn't do that, or criminal justice reform, or police reform, or helping historically black colleges or opportunity zones, or was his big announcement today.

The polls show the president has dramatically increased his support among Hispanic Americans and African-Americans. Will that translate into votes?

ELDER: You are talking to me, I say absolutely. The number one issue facing the inner city are this decline in the quality of the public schools. You got 13 high schools in Baltimore with zero percent of kids are math proficient, another half a dozen were only 1 percent is. And Donald Trump and Betsy DeVos want to give urban parents, that polls show want choice, choice.

You know who doesn't want the choice? White parents living in a suburbs that wouldn't put their kids in an inner city school on a bet.

HANNITY: All right. We're going to give the final 30 seconds to our friend Reince Priebus.

Last word, Reince.

PRIEBUS: Well, I couldn't agree more with what Larry and what you said. The president is going to be on the attack. He's got to be detailed. He's got to be stern. He's got to be -- he's got to put Joe Biden on his heels.

Be presidential. But exactly what Larry Elder just said -- detailed on the attack, and ask the tough questions, just as you just outlined. I think that's going to make a big difference on Tuesday night.

I don't think Joe Biden is going to be able to handle it. But I think President Trump is going to have to be detailed, on the attack, pivoting back to Joe Biden every time.

HANNITY: All right. Good advice from both of you. Thank you both.

All right. This hour flies by.

All right. Thank you so much for being with us.

Unfortunately, that is all the time we have left this evening. It's going to be a busy weekend, 5:00 Eastern tomorrow, the FOX News Channel will carry the president's announcement believed to be Amy Coney Barrett.

"Live Free or Die: America, the World on the Brink", if you haven't gotten a copy, 40 percent off on Amazon.

Have a great weekend.

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