Will Dems' Kavanaugh impeachment threats go anywhere?

This is a rush transcript from "Your World," October 8, 2018. This copy may not be in its final form and may be updated.

NEIL CAVUTO, HOST: You are looking live at Latham, New York, Upstate New York, about 40 miles west of Albany, New York, a little bit more than two miles northwest of Manhattan, where we are trying to come to grips with how it was 20 people were killed in a limo accident, including two pedestrians.

This is the deadliest transportation disaster to hit the United States in nine years. Normally, when you look at casualties of that degree, you are thinking a plane crash. It is the worst accident we have had in American history since a plane crash in Buffalo, New York, some nine years ago.

When NTSB officials take to the microphone to explain what the heck happened here and how a group of people who were gathered trying to do the safe and right thing in a limo, so they wouldn't endanger themselves or anyone else, are now dead.

In the meantime, all attention tonight on the president of the United States, as he ceremonially swears in his choice for the U.S. Supreme Court.  And he says he's looking forward to it.

(BEGIN VIDEO CLIP)

PRESIDENT DONALD TRUMP: We will perform the swearing-in tonight at 7:00 p.m. at the White House. That's a -- very exciting.

So I leave here and I go home and I swear in a man who will be a truly great United States Supreme Court justice. That's going to be my honor.

(END VIDEO CLIP)

CAVUTO: And it will be a big event at 7:00 p.m. Eastern time, now about three hours from now.

Of course, FOX News will be carrying that.

John Roberts, though, the real detail is Justice Kavanaugh is a justice now, and he is already doing some work, right?

JOHN ROBERTS, FOX NEWS CHIEF WHITE HOUSE CORRESPONDENT: Yes.

He went right to work in his chambers on Sunday getting ready for the upcoming week, Neil. You don't want to miss a beat when you have got a job that important.

The president down there Orlando today for the International Association of Chiefs of Police Convention, an enthusiastic reception there, an appreciation for the confirmation of Justice Kavanaugh.

But the president clearly showing that the political wounds of this are not going to heal anytime soon. The president very, very critical of the Democrats for the way that they handled the confirmation process. Listen here.

(BEGIN VIDEO CLIP)

TRUMP: It was very, very unfair what happened to him, false charges, false accusations, horrible statements that were totally untrue, that he knew nothing about, frankly, terms that he probably never heard in his life.

He was this, he was that. He never even heard of these terms. It was a disgraceful situation brought about by people that are evil. And he toughed it out.

(END VIDEO CLIP)

ROBERTS: Both Republicans and Democrats think they can gain some political advantage from what happened with the confirmation of Judge -- Justice -- I keep telling them Judge -- Justice Kavanaugh.

President Trump believes that there is in renewed intensity among Republican voters to get out to the polls on November 6, but some Democrats are saying, well, listen, give us control of the House and we will reopen the investigation into Judge Kavanaugh's background and perhaps even pursue impeachment proceedings against him.

That doesn't sit well with the president, had some very angry words to say about that on the South Lawn of the White House as he was leaving for Orlando.

The president also brought along a guest with him aboard Air Force One, none other than the embattled Deputy Attorney General Rod Rosenstein. The president's coming down the steps there off of Air Force One, soon to be followed by Rod Rosenstein, who was with Chief of Staff John Kelly.

There you see the two of them coming down the steps. Just two-and-a-half weeks ago, it looked like Rosenstein might be headed for the trash heap, but the president has had a conversation with him aboard Air Force One, and on the way to Orlando this morning told us he's gotten to know Rod Rosenstein and understands him a little more than he did in the past.

Listen here.

(BEGIN VIDEO CLIP)

TRUMP: I didn't know Rod before. But I have gotten to know him, and I get along very well with him.

(END VIDEO CLIP)

ROBERTS: Now, don't forget Rod Rosenstein was reported to have, via The New York Times, tried to garner support to remove the president by using the 25th Amendment last year, even suggested that he might wear a wire to get some -- some of the goods on him.

But Rosenstein has vigorously denied those accusations, Neil. And it looks like he is not headed for the scrap heap, that the president says he's not going to fire him. So, I expect that Rosenstein will be around at least until the end of the Mueller investigation. And we will see after that.

CAVUTO: And I remember distinctly, young man, how you took the odds and didn't think he was going to be fired when that wasn't the consensus view.  So...

ROBERTS: And did you take that bet? I can't remember.

CAVUTO: Oh, no, I don't know anything about that.

(LAUGHTER)

CAVUTO: I just know that you were right.

All right, so thank you, John, very, very much, John Roberts.

ROBERTS: All right. You bet.

CAVUTO: All right, let's get the political read from all of these crosscurrents right now with some folks who are looking at some polls showing a narrowing in terms of who should take over Congress between Democrats and Republicans.

With us now, Nan Hayworth with the Independent Women's Forum, Democratic strategist Adrienne Elrod, and GOP fund-raiser Noelle Nikpour.

Noelle, the argument has been all of a sudden advantage Republicans, but you could argue that could go differently depending on the body you're talking about, whether it's the House or the Senate, right?

NOELLE NIKPOUR, REPUBLICAN FUND-RAISER: Well, yes, Neil, you're right.

And I look at a couple of things. One of the things that I have noticed on the Republican side since the Kavanaugh trials have been the uptick in small donors. And I deal with the major bundlers and the major donors.

But one of the things is these small donors are telling me is the fact that when the small donor gives money in little increments, $20, $50, $100, you can count on them to vote, you can count on them to be very active, and that is where the momentum and the groundswell is coming.

So I really think that nobody really knows who is going to come out -- come out on the top of the heap here. But what I am noticing...

(CROSSTALK)

CAVUTO: I assumed you guys did.

(CROSSTALK)

CAVUTO: No, see, that's where I made a mistake. I assumed you guys did.

(LAUGHTER)

CAVUTO: Adrienne, you could argue right now that it's going to be harder obviously to disrupt the momentum Democrats at least assume they have going in to the House races, a little more problematic for the Senate.

But how do you see this galvanizing what we're told at least from the Democratic side is the women vote?

ADRIENNE ELROD, FORMER STRATEGIC COMMUNICATIONS DIRECTOR, HILLARY FOR AMERICA: Well, we have got a lot of attributes in our favor right now on the Democratic side.

First of all, you have got a lot of angry and upset women out there in America right now, including independents and some moderate Republicans, who have already made it clear that they plan to vote with a Democrat in some of these very close House districts.

CAVUTO: Are they that monolithic? They group -- obviously, there are a lot of other women who have sons or others who worry about this.

Is it that monolithic as it might have been, let's say, back in '91 Anita Hill?

ELROD: You know, I don't have numbers in front of me compared to '91.

But what I do know is that, when you look at 2016, the white suburban college-educated women vote, that bloc of voters, that was a very key bloc in 2016. It's going to be a very key vote now for Democrats.

Hillary Clinton, unfortunately, didn't get enough of those votes in 2016.

(CROSSTALK)

CAVUTO: The president won that vote, not -- not that specific, but women in general, right?

ELROD: Correct. Correct.

He -- well, he did. He did. And so that vote is swinging back toward Democrats now.

CAVUTO: OK.

ELROD: A lot of -- a lot of those voters are disappointed in the way the president has governed. They're not happy with the direction our country is going and they...

CAVUTO: Really? They're not happy with the economy and all that stuff?  All right. Well, all right.

(CROSSTALK)

ELROD: Well, they're not -- they're not happy with the conduct of and the candor of the commander in chief.

(CROSSTALK)

CAVUTO: I do -- and I will come back to you.

ELROD: OK.

CAVUTO: But, Nan, I want to get your sense of who benefits in this. There were a lot of people who are upset with the way the judge was treated and they -- but on the Democratic side, I'm hearing today they're upset the way the doctor was treated, his accuser.

So I -- I'm just curious how you think it all washes out.

NAN HAYWORTH, INDEPENDENT WOMEN'S FORUM: Yes.

Neil, having served in a swing district in Congress, it really does come down to the composition of these districts on the ground. The Senate map favors Republicans for a lot of reasons. And they have a lot of good tailwinds, as Noelle pointed out.

I think lot of these suburban districts, I think what Republicans need to do is emphasize to suburban women that countering accusations that were completely unfounded toward Judge Kavanaugh, now justice, doesn't equate in any way with disregarding women, with disrespecting women, nor indeed with compassion for victims.

And I would like to point out that it was GOP women in the House of Representatives who led the sexual assault survivors rights bill that was signed into law by President Obama, passed by both Republicans, House and Senate, in 2016.

Republicans have women's interests and every citizen's interests at their hearts.

CAVUTO: All right. I don't mean to interrupt you there.

But this NTSB presser on this horrific limo over the weekend, they're just taking the microphone now. Let's dip into that in Upstate New York.

(JOINED IN PROGRESS)

CAVUTO: All right, you heard that.

These are New York State Police updating on this accident just 40 miles west of Albany, New York, that claimed 20 lives. We are waiting for the NTSB to come up here. And when they resume, we will be going back there.

Much has been said of this limousine company, Prestige Limousine, that had repeatedly failed motor vehicle inspections. We are also told that those who were in the limo has repeatedly been texting to friends or family members.

One limo crash victim apparently just minutes before the crash had texted that the car was, in her words, in terrible condition. We're hearing conflicting reports as well that this wasn't supposed to be the vehicle that they were going to use, that they were going to use something akin to a bus for this winery tour, and ultimately settled on this vehicle, again, that had failed multiple inspections.

We are learning a little bit more about the 20 victims, without giving away on names that were relating to -- ascertain to authorities right now -- 18 were in that vehicle, including the driver. There was a husband and a wife, of course, celebrating her 30th birthday, and her three sisters, as well as another couple recently married, and a young cousin, they were all adults, but they were all very, very young.

We're learning that two pedestrians were killed because they were along the path of this vehicle as it came careening through that stop sign in speeds in excess of 60 miles per hour.

The irony of all of this cannot be lost upon those thinking do the right thing if you're going to go out and you're going to have a good time, to play it safe, have someone else do the driving. They did all of that.

And now questions about all of this -- after this.

(COMMERCIAL BREAK)

CAVUTO: All right, he's already on the court. But that doesn't mean that Brett Kavanaugh is, in the eyes of some Democrats, going to stay on the court.

A number leading efforts, especially if they gain the majority in the House, to begin impeachment proceedings against him.

C. Boyden Gray is the former White House counsel for Ronald Reagan and George Herbert Walker Bush, an expert in all these matters.

I don't see where that would go, but where do you think they would go?

C. BOYDEN GRAY, FORMER WHITE HOUSE COUNSEL: I don't see where it go either.

You can impeach, and that's like an indictment. But the trial is in the Senate. It takes two-thirds to convict. It's really impossible to see how you get two-thirds of the vote now, and especially if the Republicans pick up a seat or two, which is entirely possible.

So I don't see where it goes, except more embarrassment, more harm to the court. And if the intention is a media war against the legitimacy of the Supreme Court, that is really -- that is really dangerous, in my view.

CAVUTO: Now, you dealt with this in the days of Clarence Thomas in the capacity as being an adviser to him. And he always had like a target on him. And I'm wondering, did that ever dissipate after those controversial hearings? He was approved 52-48, in a Democratic Senate, we might point out.

But it was tooth and nail, the whole battle. And there were promises, much like in this case, to make him a marked man.

GRAY: Well, I don't think it works.

And remember he got 11 Democratic votes.

(CROSSTALK)

CAVUTO: You're absolutely right.

GRAY: This wasn't a partisan thing.

I think he suffered something of a cloud for a few years, but he's now one of the most respected members of the court. He's known by Democratic scholars, as well as Republican -- or conservative, if you will, has been one of the leaders as the court. He's the go-to man often when they can't remember what they decided 15 years earlier in a particular case.

He's adored by his colleagues. And he's one of the most fun people to be with. And he's very, very fun, even though he doesn't talk when he's on the court.

(LAUGHTER)

CAVUTO: That's right. I forgot about that.

One of the things I have heard about trying to pursue impeachment is that Judge Kavanaugh perjured himself. And then -- and I'm not a lawyer, an expert on these things, like you are. But I started digging into this, find out, well, where and how would he have perjured himself?

And apparently it would center on the degree to which he might have minimized how often he got drunk in high school. And I'm thinking to myself, boy, are you kidding me?

What would did make of that?

GRAY: Well, my gosh, I thank God I'm never going to be questioned about my drinking in high school and college.

(LAUGHTER)

CAVUTO: Don't go there. We don't want to open a can of worms.

GRAY: I mean...

CAVUTO: But that's really what it comes down to, that that is where he wasn't very honest or forthcoming about something he was doing in high school.

GRAY: Well, I got the impression, listening to the hearings, without the commentary, that he likes beer and he drank a lot. That's -- that -- I never any different view.

He liked to drink. And that happens to people in college and it happens to people in high school. And most of us grow out of it. But I can't say that I wouldn't be in the same pickle he is in if I were in his shoes, because I can't -- I can't make a relative judgment about my own drinking when I was in college.

And I did some things that I regret today and wouldn't do again, and have done everything to make sure that my -- my one daughter doesn't do, hasn't done.

CAVUTO: I see a method to this -- and, again, no legal expertise. That's why I'm happy to have you here -- but that he did -- and create doubts about his authenticity under oath, and that he might have misstated or minimized the potential that he could have blacked out or just fallen asleep after heavy drinking, thereby making possible the claims of Dr. Ford.

So, I know what they're getting at here. But it does seem a stretch and maybe a dangerous precedent to use that as precedent in future Supreme Court picks, and that we will go that far back and ask those type of questions.

GRAY: I think that's a very dangerous route to take.

And if they do that, they open up -- they take a risk that I wouldn't take if I were they. They open up Blasey herself to the same kind of scrutiny . And I'm not sure she comes out so well if she's put under the spotlight the way they might do to him.

So what's needed by the country is some sort of, all right, congratulations, guys, you won, let bygones be bygones. We will see you in court on another day. And let's -- let's accept this outcome and get together, because the court is one of the prized crown jewels of our electorate system.

CAVUTO: Fair enough.

C. Boyden Gray, thank you very much.

All right, want to switch to Upstate New York, and now it's the NTSB'S turn to try to get behind what the heck prompted one of the worst transportation accidents we have seen in nearly a decade; 20 are now dead. And now the NTSB is asking the questions.

(JOINED IN PROGRESS)

CAVUTO: All right, it's a striking event, when you have the NTSB explaining what was a limousine accident that killed 20 people, 18 in the vehicle, two pedestrians on the ground.

This is the biggest accident to hit the United States since 2009, with the Colgan Air flight disaster in Buffalo that killed 50 people . And there's so much they do not know.

What we do is, those who gathered in this vehicle were out for a winery tour. They included four sisters, two brothers, three young couples. And the whole idea was to be safe in case they invite too much.

Then, all of a sudden, reports of a screeching halt, going 60 miles an hour a ravine. Conflicting reports you might have seen from the NTSB that there was no stopping at all, that it could have just gone right into this ravine. Autopsies are ongoing.

What is unknown at this point is how any of this happened and how an otherwise beautiful day, it occurred, and 20 lives have been snuffed out.  So much we don't know. All their families are asking is, how could it have happened?

Back after this.

(COMMERCIAL BREAK)

CAVUTO: All right, the president has arrived back in Washington. He was in Orlando, Florida, today, a law enforcement community annual convention.

And he was there with Governor Rick Scott, who's dealing with yet another hurricane about to hit his state. He had already asked the president, has Governor Scott, for emergency relief ahead of this thing even hitting ground. We're talking about Hurricane Michael, I believe a Category 2 storm right now.

It could get worse.

Adam Klotz has been following it -- Adam.

ADAM KLOTZ, FOX NEWS METEOROLOGIST: Yes, you're absolutely right.

This one is likely going to get worse, probably intensifying up to a Category 3. It is still sitting at a Category 1, and is going to be intensifying, at least forecasted here, within the next couple of hours.  So we're not too far off on that.

The advisories are already in place across the Panhandle, as we're looking from Pensa -- or Pensacola through Panama City over to the Big Bend, all spots where hurricane watches in place means those hurricane conditions are heading that way, from a Category 1 likely tonight up to a Category 2, but getting up to a Category 3.

That is now Wednesday at 8:00 a.m., so just off the coast. That's when winds are getting up to 120 miles an hour as it gets closer and closer to working its way onshore. You need 80-degree temperatures to kind of fuel these things.

Well, we're looking at Gulf temperatures currently closer to 85 degrees.  So the heat is there. It's going to allow this to continue to pick up.  Now, there is a little bit of indecision still in the model. This is a run of all the models and each one of these lines would be the center of the storm, several taking you over towards Pensacola, others getting you farther off towards the east closer to getting over towards Panama City or even farther east, Apalachicola, all spots where you could see the center of this.

But it's going to cover a wide area before it's all said and done. And you will see it here with the winds. This is the wind field. And, remember, the hurricane-force winds up to 120 miles an hour. There's your center of circulation right there. And it could be covering a large area here of the entire Panhandle, with at least some tropical-force-type winds.

It's going to hit. It's going to continue to move. It's not going to be a Hurricane Florence situation. You remember Florence sat there and spun and spun and spun just off the coast. This one's going to hit and keep moving.

Now, you're still going to see rain, still going to see flooding, likely some heavier spots, eight to 12 inches, not the 40 inches, though, Neil, that we saw with Florence. But I think this is probably going to be a bigger wind impact than we saw with Florence. This is also probably going to bring more storm surge then we saw with Florence either.

CAVUTO: All right, Adam, thank you very, very much, Adam Klotz following all these developments.

Again, as I stressed, the president was talking about this storm and bracing Floridians for whatever help they needed they would get, and that their governor has already asked for a state of emergency aid before this thing even hits land. And, apparently, the president has granted him that.

So we're keeping a close eye on that.

The president, also, while he was in Florida today, was talking up the midterm elections. And he believes that the treatment of Brett Kavanaugh is going to be a deal-changer here, and this consensus that's forming that Democrats have all to gain and Republicans all to lose isn't going to measure up.

Now, there are conflicting views on that and different opinions on that.

And that's why we send our Connell McShane out across the country into some of these key battleground states, chief among them, Texas. Yes, you heard me right, Texas. It's kind of a battleground right now.

Hey, Connell. How is it looking there?

CONNELL MCSHANE, FOX NEWS CORRESPONDENT: Hey.

Well, no Democrat, as you know, Neil, has won here statewide since 1994.  But this Congressman Beto O'Rourke, the Democrat from El Paso, has a lot of energy around his campaign. We were at one of his college campus rallies earlier today. And I will tell you, he really packs in the young people.

The key, though, will be taking that group not especially known for turning out to vote and getting them to the polls in a month. So when I caught up with him today after the rally, that's what I asked him, how he plans to do it.

(BEGIN VIDEO CLIP)

REP. BETO O'ROURKE, D-TEXAS, SENATORIAL CANDIDATE: I don't know. I have never asked somebody who's come to an event of ours their party affiliation, never limited it to one party over another.

I'm interested in representing all Texans. And I think all Texans know that this is a defining moment of truth for this country. And whether it's the next Supreme Court justice nomination, whether it's moving from least insured in the country to leading the way on universal health care, or getting behind our public school teachers, it's the issues that are most important to them and their lives that will drive the turnout in this election, not party and not the differences that in other years would otherwise divide us.

So, I feel really good about this state coming together right now.

(END VIDEO CLIP)

MCSHANE: Yes, he feels really good about it, but Senator Cruz tells me he does as well.

And even with all the talk about how close this race is, Cruz is upset so the average of the polls from RealClearPolitics.

So when I caught up with him today, he seemed to tell me that there's a momentum shift that he is focused on in his favor here the last couple of weeks. Take a listen

(BEGIN VIDEO CLIP)

SEN. TED CRUZ, R-TEXAS: Our economy is booming. We have got nationally -- you saw just this week the lowest unemployment rate since 1969.

QUESTION: Right. That's why I'm surprised it's even a close race here.

CRUZ: Well, but the danger is that politics can be strange.

Success can breed complacency. The danger in this race is that, if a West Texas oil field worker, his job is going great, is focused on going to work and going to church and taking care of his kids, and when Election Day comes along, the urgency may not be there, and he or she stays home.

And that's how you lose the election. Anger is a motivator. When people are ticked off, they're certain to come and vote.

(END VIDEO CLIP)

MCSHANE: And Cruz says the difference now, Neil, is they are.

The Republicans, he says, are angry, angry at Senate Democrats over the Kavanaugh confirmation process. He says that's adding a lot of energy to his campaign. We will see if he's right here in about a month.

CAVUTO: All right, Connell McShane in Texas.

In the meantime, let's get the read on what's at stake a couple hours from now.

He is already a Supreme Court associate justice, but the president will ceremonially -- ceremonially -- say that five times fast -- be swearing in his choice, Brett Kavanaugh, to be on the Supreme Court. And after a raucous fight, he is going to certainly hold this moment, as is no doubt Mr. Kavanaugh.

Axios reporter Stef Kight on what's at stake.

They obviously did want this ceremonial event, Stef, and they're going to get. The president has argued, this is going to work to our benefit, referring to Republicans. Is that true?

STEF KIGHT, AXIOS: I think we have already seen Republican just see more enthusiasm going forward from this nomination.

There are Republican voters who are angry at Democrats for the way that Brett Kavanaugh was treated, and they see this as a big win for the president.

And I think Mitch -- Mitch McConnell and Donald Trump are very aware of the fact that this is a really big moment for Republicans and comes at a very crucial time heading into the midterms. And I think we're going to see the president and Mitch McConnell continue to keep Kavanaugh in the news, continue to talk about how great an accomplishment this is, and how long- lasting of an accomplishment this is for the Republican Party.

CAVUTO: How's it resonating with women, Stef?

We're told that the Democrats are going to try hard, and they don't have to try hard, because they say there's already passion among women who feel that Dr. Ford was treated poorly, and that it's going to galvanize female voters, just like it did back in '92 after the Clarence Thomas hearings the years before?

KIGHT: I think we definitely need to keep an eye on the women voters, especially suburban, college-educated women, who are always a crucial vote when it comes to any election.

CAVUTO: But is it a given that they're going to be a lock and as disenfranchised and angry as they were with Anita Hill? I mean, that seems to be a monolithic sort of a statement about women that all go one way.

KIGHT: Well, absolutely.

I don't think every single women -- woman who votes is going to feel angry about the fact that Brett Kavanaugh has been -- is now going to be on the Supreme Court. But I do think there are a lot of women who did believe Dr. Ford's testimony and did think that Dr. Ford was mistreated.

I think there -- we have seen over the past several years this MeToo movement come forward. And I think to pretend that that is nothing isn't - - isn't wise.

So, again, I think there are women who have sons and husbands who they're concerned about, and they're coming from that angle, and they think that this has actually been a step backwards.

CAVUTO: All right.

KIGHT: But I do believe that there could be issues with Republicans as well.

CAVUTO: We shall see.

Stef, thank you for your patience with all the breaking news, Stef Kight of Axios in our Washington bureau here.

Again, that is coming up about two hours from now, where the president will finally be able to say to Brett Kavanaugh, you are on the high court.  Welcome.

"The Five" is now.

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