GOP Unity Concerns; Your Identity at Risk; Ruth Bader Ginsburg on the Anthem Protests; Sports Updates - Part 2



the Anthem Protests; Sports Updates - Part 2>

Napolitano, Cheryl Casone; Jared Max>

Protests; Sports; Supreme Court>

BARTIROMO: Right. So, is this resonating with voters? I mean, do people see this and say, OK, I now understand better what's going on behind the scenes in the Clinton.

NAPOLITANO: I think it has two effects. I think it reinforces the views of those who believe that Hillary Clinton is utterly unworthy of trust. And it also goes right over the eyes of people who are sick and tired of hearing about e-mails.


NAPOLITANO: So, is there a net change in the vote, probably minuscule and probably not even measurable.

ANTHONY SCARAMUCCI, FOX NEWS CHANNEL CONTRIBUTOR: You're a strict constitutionalists, am I correct?

NAPOLITANO: You can argue that, I'm in the libertarian side.

BARTIROMO: You can argue that.

SCARAMUCCI: What is your reaction then to the media collusion with the Clinton campaign and the media -- the mainstream media now becoming an organization of the state as supposedly the fourth (ph) state?

NAPOLITANO: Well, it's very dangerous, Anthony, for the media to be colluding with any campaign and for the media to be colluding with the government -- particularly dangerous for the media to be colluding with the government.

Now, let's face it. Most of our colleagues in the media do not share the views of those of us at this table and in this building. And they are repelled by Donald Trump and will do everything they can to get him elected and some people here feel the opposite. They repelled Hillary Clinton and will do whatever they can to get her elected. But some of these e-mails are showing a depth and breadth of collusion which is extraordinary. For example, the collusion between the Clinton campaign and the Democrats on the Benghazi committee was a little bit of an eye-opener for me.

I guess I shouldn't have been surprised by it but I was shocked that its directness, its depth and how far back into history it goes.

SCARAMUCCI: Threat to the republic?

NAPOLITANO: Not yet but in that direction.

DAGEN MCDOWELL, FOX BUSINESS ANCHOR: But let me raise this issue though because -- everyone talks about the mainstream media but more than ever in our history, people have other options to get their news. That the mainstream media is so much less powerful than it was even 10 years ago because of Twitter, because of Facebook, because of all the social media platforms and the way for people to communicate information with one another.


BARTIROMO: But they're also in the tank.

NAPOLITANO: Agreed. And look at.

MCDOWELL: Not on Facebook, they're not -- I mean.

NAPOLITANO: Look at how easy it is.

MCDOWELL: I mean, the company is but not the people.

NAPOLITANO: . for someone to get a message out there by passing the mainstream media. I mean, one of the main reasons, the mainstream media is not what it used to be, it's because of us. They pick (ph) because of what has happened here in the past 20 years as an alternative voice. But you're right about Facebook and Twitter.

Some of us that are blessed with a large following can just hit a couple of keys and have and audience that's bigger than what some of our competition at our cable channels can be.

BARTIROMO: OK, but what I was saying was like, you know, there are reports and the speculation that, you know, Google rearranges the search answer so that you don't have those many negative things about Hillary Clinton and you have all these negative stuff about Donald Trump. So when I say to you, they're also in the tank, I don't know. I'm also questioning social media too. I mean, you know.

NAPOLITANO: This is back to what Anthony said. Now Google is not the government. If Google does something like that, that's an act of fraud. It was probably not measurable. So I don't know if you get anywhere suing, it might affect their shareholder value or it might affect their customer- based but this is not the government thinking with information. This is a private corporation, albeit a huge one but I've difficult avoiding but I can't avoid the most I want.

ORTAGUS: Can I ask you about the Supreme Court now, because we hear Donald Trump talking a lot about how the next president gets determine who will be on the Supreme Court. So, what positions do you expect to be indicated (ph) if any was in the next four years? And are there any landmark decisions that will make a crucial difference between Hillary Clinton presidency?

NAPOLITANO: OK, very good question. I don't know the answer on landmark decisions. Mrs. Clinton said the other night she would like to see citizens united, that's the Supreme Court opinion that elects any two or three people, combine their assets, could be a labor union, could be a think tank, could be a corporation. She wants to see that (inaudible). She wants to see Obergefell, that's the same-sex marriage decision not touched. She wants to see Roe versus Wade not touched.

Donald Trump has spoken on both sides of same-sex marriage but he has also said he wants to see Roe versus Wade reduced an impact so that the states can address it. There's still just Scalia's vacancy. We don't know what could happen in November after the election if the.

ORTAGUS: Well, December, the Senate could also do -- confirm him in December, right, during the lame-duck session?

NAPOLITANO: Yes. But remember, the confirmation is not the same as going on. President Obama, if Mrs. Clinton wins could very well say, sorry what I put you through Judge Garland, but we're going to wait for president elect Clinton. On the other hand, if Donald Trump is elected, he will get to replace Justice Scalia and probably Justice Kennedy -- I'm just saying this because of age -- and probably Justice Ginsburg.

Stated differently, the next president of the United States will be like FDR and Nixon, the two presidents in the past 75 years who have had more of an opportunity to change the ideology of the court than any other president.

BARTIROMO: By the way, we just got a tweet from John Herley (ph). He says, guys, Facebook centers deletes anti-Hillary Clinton post information. It happened to me, just throwing out (ph). Thank you for your tweet because our viewers like to engage. It brings up this Donald Trump comments at the other debate just the other night. He doubled down on his threat to put Hillary Clinton in jail if he's elected to a special prosecutor. Listen to this. I want to get your reaction.


TRUMP: If I win we are going to appoint a special prosecutor. Because we cannot allow this to happen to our country, we can't. We are like a third- world nation.


BARTIROMO: Legal issues here, judge?

NAPOLITANO: Well, I thought it was unseemly for one presidential candidate to threaten the opponent with jail. There are more effective ways to do that. He doesn't need a special prosecutor. If he's so determined that she's guilty and listen, I've argued as effectively as I can that the evidence of guilty is overwhelming and in the public domain than a special prosecutor is not needed. And just tell attorney general reopen the investigation and present it to a grand jury. Special prosecutor is dangerous for him. Just special prosecutor has its own budget, its own FBI agents and no limitations go after anybody.

SCARAMUCCI: He's making a different argument. He just have to be clumsy with the way he's making it. He's talking about submersion of the rule of law where one person becomes above the rule of law, judge.

NAPOLITANO: No question.

SCARAMUCCI: You know what the risk is to the republic to that.

BARTIROMO: That's right.

NAPOLITANO: Yes. There's no question, but that the rule of law was subverted here. I can tell you of FBI agents, field-level FBI agents who actually did this investigation or almost in revolt. They don't want to lose their jobs. They don't want to lose their pensions, but almost in revolt over the decisions by Director Comey and essentially Attorney- General Lynch.

ORTAGUS: And let's not forget this current administration used the IRS to go after conservative groups.


ORTAGUS: And so, that's a pit of hypocrisy here.

BARTIROMO: You're actually right and that is just enraging, it's just horrible. Judge, good to see you.


BARTIROMO: Thank you so much. Judge Napolitano there. Coming up next, a mixed-up that could give consumers more than just the wrong flavor. Why Turkey Hill is recalling its ice cream, that's next.

And then the kind of pop losing his record to another artist. We will tell you who is rocking up the American Music Award's nominations, back in a minute.


BARTIROMO: Welcome back. We're watching Takata. Cheryl is in Takata flanging (ph) in Japan. Her show with the details and the other headlines, good morning Cheryl.

CHERYL CASONE, FOX BUSINESS NETWORK ANCHOR: Yeah, good morning Maria. Well, Takata tumbling more than 7 percent there after the Wall Street Journal reported Friday that the airbag makers considering falling for bankruptcy here in the United States. And that's just a reaction to the news today since Japanese markets were closed yesterday Monday.

Now bankruptcy falling have seen is one way for Takata to attract an outside investor. The company face a huge cost Takata global recall of millions of potentially fall of the airbags. More than a dozens debts worldwide have been linked to those airbags and the safety problem with Takata airbags.

Well, Turkey Hill issuing a recall for its Dutch chocolate ice cream. The product actually contains rocky road ice cream which has almond and egg ingredients inside of it that could trigger food allergies especially in kids. The 48 ounce containers mislabeled as chocolate all do have the lid corrected, reading rocky road. We should say, that they were likely -- they're likely out in stores in Utah and California.

Meanwhile, Nestle is recalling some of its drumstick ice cream containers because of possible contamination of listeria. Now, the recall effects for drumstick club 16-count variety pack and the 24-count vanilla pack is large bag. So, they were likely sold at Costco, Bj's and Sam's clubs.

And then finally this, the Canadian rapper Drake, he is the guy to beat of this year's American Music Awards. He received 13 nominations this year beating Michael Jackson's old record of 11 on the categories. The rapper could win are Artist of the Year, Favorite Album. Maria, the awards are going to be handed out on November 20th. Drake is great when you need him for exercise and motivation (inaudible).

BARTIROMO: Congrats Drake. Thank you so much, Cheryl. Coming up, Supreme Court Justice Ginsburg, sounding off on Colin Kaepernick's protest of the National Anthem. What she thinks of his actions coming next. Stay with us.


BARTIROMO: All right, well ratings are in and the ratings for Sunday night's debate were down. That that does mean "Sunday Night Football" did any better. Fox News Headlines sports reporter, Jared Max now with the story. Jared, good morning to you.

JARED MAX, FOX NEWS HEADLINES SPORTS REPORTER: Good morning Maria. Sunday night's game between the Green Bay Packers and the New York Giants. Two of the NFL is more consistent attractive draws drew only a 10.2 rating for NBC which is the lowest rating for any "Sunday Night Football" game in three years. No debate about it. NFL ratings are down. Audience for the Packers-Giants game 22 percent smaller than the Sunday night game for week five last season. The first four weeks Sunday night ratings down 13 percent.

Lot to talk about locker room talk, since Sunday's presidential debate, did you hear with Hillary Clinton said in response to Donald Trump's off news statement?


CLINTON: They've been saying, no, that's not what happens in our locker room. I just happen to think that our athletes and our coaches know a lot more about what happens in locker rooms than Donald Trump.


MAX: Dumb, dumb is how U.S. Supreme Court Justice Ruth Bader Ginsburg describes athletes who protest the National Anthem. In an interview with Katie Couric, Justice Ginsburg said, I think it's really dumb of them. Would I arrest them for doing it? No, I think its dumb and disrespectful. I would point out how ridiculous is seems to me to do section act.

Monday Night Football in Charlotte, the defending NFC champion Carolina Panthers failed 1 and 4. They lose on this last-second field-goal 01:02 year 17-14. There's Cam Newton sat out with a concussion.

Baseball. San Francisco Giants had won nine straight games facing playoff elimination down two games. They're not against the Cubs. Their 5-3 leader race in the lightening (ph) on this Kris Bryant home run but no panic. In the Giants, fast forward 13 thinning (ph). Joe Panik, five hours and 4 minutes after the game began, ends it with this RBI doubled the Giants win 6-5, force the game another four coming up today.

One team in position is sweet last night did sell. The Cleveland Indians advanced to the American League Championships series of a 4-3 win against the Boston Red Sox and returned out to be the final game in the career of Big Papi David Ortiz. Why is he retiring? You wonder with these numbers in.

Tiger Woods has said that he's not going to take part in the safe way open. He has delayed his return to Golf. Tiger says that his health is good but his game is not where it needs to be, so the Safeway Out of the Safeway Open.

SCARAMUCCI: Do you think the attendance or the ratings being down at the NFLs related to Colin Kaepernick?

MAX: Just a little bit. A little bit. I think it might be people who might be on the fence and saying, you know when I've had it. We have more choices than ever before to watch, what's going to consume our time. I think that has a lot to do with it. And also, may be an oversaturation in the NFL.

Monday Night Football used to be a special event because it was the only non-Sunday game. So now we have sometimes a Sunday morning game in London and then the 1:00 games, 4:00 games and the later game on Eastern Time and then Monday night. It's a lot of.

BARTIROMO: And Thursday night.

MAX: There's a lot of football.

BARTIROMO: I don't like to see the Supreme Court getting political at all, but I agree with Ginsburg.

SCARAMUCCI: Yeah. I think we're all.

BARTIROMO: I mean, he's -- it's disrespectful.

SCARAMUCCI: I'm not Jerry Jones saying, hey, you are a performer on my stage, you're going to stand or you're going to get off of the team.


MAX: Yeah, that was impressive (ph). Yeah, I think we're all in unison. I over seeing less and less of it. I think that there's less media coverage of it.

BARTIMORO: We're just talking about tapes.

UNIDENTIFIED FEMALE: Stop (inaudible) or yet.

BARTIMORO: And news cycle who was co-opted by somebody else. What's wrong with the Panthers?

MAX: I don't know. Last, I didn't have Cam Newton but he hasn't been able to get it done this season. He's been knocked around so much. You wondered bad karma, I don't know from losing that Super Bowl and I don't really believe that.

BARTIROMO: Did you say bad karma, really?

MAX: Yeah. I don't really believe with that. You know, Cam Newton made some people not so happy during the Super Bowl and after the Super Bowl.

MCDOWELL: Thinking of bad karma, may be that's what wrong with Tiger Woods.


MCDOWELL: I'm not talking about running around on his wife, I'm talking about ban (ph) and notoriously bad tipper all these years.


MCDOWELL: He's -- Tiger was this one of the worst tippers in professional sports.

BARTIROMO: That's horrible.

MCDOWELL: Yeah. Bad tipper.

MAX: Yesterday.

MCDOWELL: May be not recently, may be he's trying to get some karma back.

MAX: Forty-one odds yesterday on Tiger. He was going to be paired with baseball body (ph) Phil Mickelson. He put 41 odds for Tiger to win this event. There were only eight golfers who had better odds. He's ranked 767th in the world.


MAX: And 41 odds -- well, I guess if you put your bet on Tiger Woods you're getting your money back because he's not going to be.

BARTIROMO: When did he go away? When did.

UNIDENTIFIED FEMALE: Is this (inaudible)?

BARTIROMO: Yeah. When his -- because it seems like his career is over, whether he is.

MAX: I don't think so. I don't think so. I think we're going to see him probably within may be a month or two. He'll be on the Golf of course. He says his game is not ready yet, that his health is OK. He had back surgery last September and October. He hasn't played competitively since August of last year.

BARTIROMO: So, more than a year.

MAX: It's more than a year. And his world ranking, you know, about 683 weeks, I think he was number one. And when he played his last tournament, he was 547. He's dropped over 500 -- over 200 spots even since last year.

SCARAMUCCI: Giants or Cubs.

MAX: Cubbies. Cubbies. They were -- that was a resilient team. Joe Panik is terrific, Fordham University product.

BARTIROMO: You had to drop that one, didn't you?

MAX: Well, you know, it's a local thing or, you know, a lot of people -- I'm sure they're people in here, you know, who went to school with Joe Panik or something.

BARTIROMO: Hey, how about Red Sox?

MAX: Too bad it's over for David Ortiz, all those numbers. We've never seen anything like this when a player put up MVP like numbers and said, OK, that's it. And you wondered the next couple months, this David Ortiz say may be should I come back like they ask Alex Rodriguez on the Fox Sports broadcast the other day for the NFL. Alex, are you retired? It was like pulling teeth to get him to say, yes, I'm retired even though he we actually retired basically, even though never officially. But David Ortiz says that's it and I don't know how you go back and you're worried because all those gifts -- how do you give those gifts back with everybody rolled out for you on red carpet.

BARTIROMO: True. Wow, good sports today. Jared, thank you.

MAX: Exciting times.

BARTIROMO: Exciting times, that's right. We going to get to business as well.

MAX: Given credit for (inaudible), yeah.

BARTIROMO: Alcoa kicking off the third quarter earning season. Double mess (ph) reporting an adjusted EPS of 32 cents, compared to an estimate of 35 cents a share, revenue of 5.2 billion missing the estimate there as well which was for 5.3 billion. So Anthony Scaramucci, this is first of third quarter earnings that we're going to see and it's a mess, what does this mean to guidance going forward? What kind of quarter are you expecting?

SCARAMUCCI: OK. So we had a 34 cents, still a miss off the consensus of 35, but I like the stock long-term Maria, because this conference call is going to be about the break up of the company in increasing the return on investment of both sides of that company. And I also think that no matter who next president is, the sorts of industrials are going to do well going into 2017.

BARTIROMO: But it's a mining story and the mining area has been battered.

SCARAMUCCI: Which is another reason why I like it because at the end of the day, companies like this have been oversold, it's going to 1.14 dividend yield. To me this is the type of stuff you have to do in the mortgage. Look for things that are underperforming that you know management is correcting the situation.

BARTIROMO: OK. Real quick on banks. Let's got the banks out Friday. And broadly speaking, Dagen, we're not expecting a big quarter for business, right? I mean, we are expecting that profits are going to turn at some point, but it's been -- the business sector has been the weak spot.

MCDOWELL: Part of it is, also the Federal Reserve in terms of the banking earnings because you need the higher point, frankly, higher interest rates to help interest margin that's part of it. And also, I think that you are going to see -- I mean, these banks broadly are going to be under fire. Thanks to Wells Fargo and the follow-ups with John Stumpf ahead and then Deutsche Bank too.

ORTAGUS: Especially in the Hillary Clinton presidency if there's a democrat senate. I mean, the stuff with Elizabeth Warren and Hillary Clinton have promises early to Dodd-Frank increasing regulation, it's going to be tough for the banking.

MCDOWELL: Given the amount of money that HRC has taken from then entire financial industry -- may be they might lock (ph) out she does jack-all.

BARTIROMO: Well, we'll see what happens Friday with the banks gets well of, you know, Deutsche, GPM, among others Friday.

Next hour, Hillary Clinton's new strategy to win over families, stay with us.


BARTIROMO: Welcome back. Good Tuesday morning. Everybody, thanks for joining us. I'm Maria Bartiromo, it is Tuesday, October 11th. Your top stories right now 8:00 a.m. on the East coast.

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