'Your World' on midterm polls, border crisis

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Democrat lawmaker urges Biden to visit the border as crisis continues

Texas representatives Henry Cuellar, a Democrat, and Tony Gonzales, a Republican, weigh in on the ongoing border surge on 'Your World with Neil Cavuto.'

This is a rush transcript of "Your World with Neil Cavuto" on November 1, 2022. This copy may not be in its final form and may be updated.

NEIL CAVUTO, FOX NEWS ANCHOR: One week out, and we are out in force, in Nevada, Pennsylvania, Georgia, Ohio, Arizona, crucial battleground states all, where the margins for Senate showdowns are thin, razor-thin, and, in Florida where President Biden is campaigning today, but could it be a case of too little, too late?

We have got you covered with Alexandria Hoff in Nevada, Alicia Acuna in Arizona and Rich Edson in Pennsylvania.

We begin in Nevada, where polls are showing that the Senate race between Democrat Catherine Cortez Masto and Republican Adam Laxalt is as close as you can get. I think they call it a dead heat.

Welcome, everybody. I'm Neil Cavuto.

Let's first go to Alexandria Hoff on what she is seeing right now in Nevada -- Alexandria.

ALEXANDRIA HOFF, FOX NEWS CORRESPONDENT: Hi, Neil.

Yes, this thing has gotten a whole lot tighter than a lot of people anticipated at the start. And, this evening, former President Barack Obama will be holding a rally at this high school behind me in North Las Vegas hoping to drum up some support, some enthusiasm among Democratic voters, namely for Senator Catherine Cortez Masto, who has served since 2017.

And she replaced the late Senator Harry Reid, and she is now locked in what you called, Neil, a dead heat, that's what it is, with Republican challenger, Adam Laxalt. The latest New York Times/Siena College poll has the two candidates completely tied at this point.

This morning, Laxalt, who is the state's former attorney general, kicked off his bus tour. And he said this just a short time ago:

(BEGIN VIDEO CLIP)

ADAM LAXALT (R), NEVADA SENATORIAL CANDIDATE: Everything we're experiencing today is a direct result of the policy; $6 gas is not an accident.

(END VIDEO CLIP)

HOFF: Yes, so gas prices hovering around $5 in much of the state, along with inflation, crime, have been major focus points for Republicans.

Democrats continue to stress the issue of abortion here and efforts to bring down costs. Last week, Senator Bernie Sanders also came here to offer his support for Democrats.

(BEGIN VIDEO CLIP)

SEN. BERNIE SANDERS (I-VT): Nevada right in the middle of that fight.

So you guys can play an extraordinary role in American history. Let's elect Catherine. Let's win this election. Let's go forward together.

(CHEERING AND APPLAUSE)

(END VIDEO CLIP)

HOFF: Now, a little bit earlier today, we spoke with one voter who's not a registered Democrat or a Republican. He's nonpartisan, so really he is the most coveted kind of voter at this stage. He submitted his vote early, did so yesterday. And he told us this.

(BEGIN VIDEO CLIP)

SAMUEL WRIGHT, LAS VEGAS RESIDENT: I just had to make that decision yesterday because I'm nonpartisan.

HOFF: Yes.

WRIGHT: And I chose not to vote for either one of them, because I feel that both parties have major problems.

(END VIDEO CLIP)

HOFF: So, probably not what either candidate wants to hear at this point. It is a numbers game.

But it brings up an interesting point. Since 2020, the number of nonpartisan voters registered here in the state grew by 100,000 from 2020 until now, Neil.

CAVUTO: Alexandria, thank you for that. I did not know that, Alexandria Hoff on this.

HOFF: Sure. It's interesting.

CAVUTO: Speaking about nonpartisan or third-party outside candidates, in one state, one just dropped out.

Alicia Acuna has more from Tempe, Arizona -- Alicia.

ALICIA ACUNA, FOX NEWS CORRESPONDENT: That's right. That is significant, Neil. The libertarian candidate did drop out in this race and put his support behind Republican Senate candidate Blake Masters.

Republicans are hoping that that will help Masters in these final days. What Democrats are hoping for is help from former President Obama, who is set to be here tomorrow and hit the stage with incumbent Democratic Senator Mark Kelly and gubernatorial candidate Katie Hobbs to help them in their really tight races.

We have not heard whether President Biden will be here on stage at any time in the coming days. And I asked Senator Kelly about that.

(BEGIN VIDEO CLIP)

ACUNA: Do you want President Biden to come and campaign for you?

SEN. MARK KELLY (D-AZ): Yes, I welcome anybody to come to Arizona at any time, spend time in the state. We have got a lot of issues we're dealing with, water at the top of the list.

ACUNA: There are Democratic candidates who are in tight races who have been accused of avoiding President Biden. Are you one of them?

KELLY: No.

(END VIDEO CLIP)

ACUNA: Obama's appearance here just one of many, as the former president does the heavy lifting for candidates in tight races across the country.

Kelly told us he thinks Obama will help drive turnout. And Democrats are going to need all the help they can get here. Kelly has seen the lead he held over the summer disappear and now, according to the FOX News power rankings is in a toss-up race.

Part of Masters' strategy is to put a lot of energy into tying his opponent to an unpopular president.

(BEGIN VIDEO CLIP)

BLAKE MASTERS (R), ARIZONA SENATORIAL CANDIDATE: He said he'd be independent. I'm going to roll up my sleeves and be an independent voice for Arizona. A lot of people bought that. But then that was campaign Kelly, right? And we have seen D.C. Kelly is a different creature entirely.

(END VIDEO CLIP)

ACUNA: The other super tight race here, Neil, as you know, is the one for governor. And we will continue to watch as mail-in ballots today have the deadline for folks to get them in those mailboxes, Neil.

CAVUTO: So many close races, so little time.

Alicia, thank you very, very much.

Let's move to Pennsylvania right now, the Keystone State, where, of course, some big battles are going on simultaneously.

Rich Edson in Bensalem, Pennsylvania, with the latest.

Hey, rich.

RICH EDSON, FOX NEWS CORRESPONDENT: Hey, good afternoon, Neil.

This is a really, really tight race here, and we're in a swing county, Bucks County. If you look at the two sitting senators that Pennsylvania has, one is a Democrat, one's a Republican, this county voted for the Democrat and the Republican.

You look at the last couple of presidential elections here, within 5 percentage points over those last two. So we talked to voters around here, asked them what they're interested in voting on this year and how they're interested in voting.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The border and immigration and inflation.

UNIDENTIFIED FEMALE: Abortion, that's important to me.

UNIDENTIFIED MALE: I'm always for less government.

(END VIDEO CLIP)

EDSON: Both candidates say they are campaigning in swing counties, just like Bucks County.

Tonight, you have got Dr. Oz. He has a rally at a firehouse here in Bucks County. On voters here in this county, Oz's campaign says that it is gaining steam with Republicans, Democrats and independents. A Fetterman campaign aide pointed out that Fetterman has held rallies in Bucks County before and that the campaign has launched a Republican for Fetterman initiative, trying to get some swing voters or Republican voters to come over to their side.

Another important point here, Neil, you have got going on in this county and all throughout the state, this is the last day right now that you can request those mail-in ballots. You don't request them today, you got to go vote in person in one week. And they're also saying get those ballots in early to avoid any problems they may have again in Pennsylvania -- Neil.

CAVUTO: You got to make sure they have their I's dotted, T's crossed, get it.

All right, Rich Edson, thank you very much in the Keystone state.

David Drucker back with us, The Washington Examiner senior political correspondent.

I'm amazed that a lot of these races, David, have tightened, again, I know, and you have reminded me, depending on the poll, but it's always the momentum. And the view was that, given the economy and recent numbers, and maybe we will see another sign of that after we get word the Fed has just hiked interest rates yet again -- that's expected to happen tomorrow -- that that sentiment, the concern over higher prices and now higher interest rates, will be building as the week ensues.

What do you think?

DAVID DRUCKER, THE WASHINGTON EXAMINER: Well, look, I think the cake is baked, to use the overused cliche, when it comes to the economy and the midterm elections.

The economic numbers are not great. And voters feel worse about them than maybe they are, depending on how you want to look at it. That doesn't mean that voters are wrong, by the way. It just means that, even if you look at growth in the second quarter, even if you look at robust employment, voters broadly do not feel great about the economy.

And whenever you're the incumbent party in the White House, whenever your party is running everything in Congress, or at least you have the votes to run the floor in the House and the Senate, voters are going to hold you accountable. And so I think what we're likely to see is voters go to the polls, whether through early voting or in person next Tuesday, and vote Republicans into office to control the House of Representatives.

And Republicans now have a very good chance of overtaking and controlling the Senate as well. And then, of course, it's the problem you want. But they're going to have to then deal with a lot of these problems, along with President Biden, beginning in January.

CAVUTO: So, David, we're also going to get out other numbers as the week goes on, besides just the likely Federal Reserve hike tomorrow, but, on Friday, a jobs report that should, at least on paper, look good for the president, another 200,000 jobs expected to be added to the economy.

Now, of course, it could be so good that the Federal Reserve could look at that, as you know, and say, oh, we got to keep tightening rates.

But there is this sort of dichotomy going on, the economy itself, which a lot of people are frustrated with, the high prices going to the grocery store, high prices going to the gas station, high prices, and yet a backdrop of pretty powerful jobs, 10.7 million out there that are going begging, that are out there, but no one no one's taking them up on it.

So how does that play out?

DRUCKER: I think we have reached a point in our politics, at least for the time being, where jobs numbers don't matter all that much when it comes to influencing elections.

It's more about how voters feel about the economy. Neil, let's look at some recent history. In 2012, right before the presidential election, there was a really weak jobs report that came out. President Obama was reelected nonetheless. In 2018, the economy was strong all the way around, and yet Republicans lost 40 seats in the House, because voters, especially independent voters, women, suburban voters, were exhausted with President Trump's style of leadership.

And so here we are in 2022. As we have been talking, there is the possibility to point to some solid economic indicators, even as we're dealing with so much friction and stress about the economy in terms of inflation, and I really don't think it's going to matter all that much if the next jobs report looks really good.

There have been some really good jobs report in this fall election season.

CAVUTO: Right.

DRUCKER: It hasn't done the Democrats one bit of good. Their numbers have gone from, hey, it may not be so bad after all to no, it really might be so bad, even as these numbers, some of them have held up.

CAVUTO: But you're not saying the jobs report, it's not a big deal, because, at FOX Business, just to let you know, Dave, we go wall to wall with this stuff.

So, what you clarify...

DRUCKER: No, it matters.

CAVUTO: No, I'm kidding. I'm kidding. Go ahead.

DRUCKER: Neil -- Neil, I used to have a real job.

(LAUGHTER)

DRUCKER: The jobs numbers matter. The economy matters.

CAVUTO: Absolutely.

DRUCKER: It matters to Americans and it matters to the -- to global markets, which have so much to do with where the U.S. is in the world.

I'm talking about an election in one week, just to be clear.

CAVUTO: Understood.

DRUCKER: And I don't see it influencing that election, because I don't think people are in a place where their minds are going to change, even if we have an amazing jobs report, which we really could.

Jobs numbers are very robust.

CAVUTO: Right.

DRUCKER: Economic growth in the second quarter was much better, but people still are where they are when they're thinking about how they're going to vote next week.

CAVUTO: Well, we will cover those jobs numbers Friday morning on FOX Business, which, if you don't get, David, you should demand.

But I guess you already have. You're already on top of it.

(LAUGHTER)

CAVUTO: Always good seeing you, my friend, David Drucker of The Washington Examiner.

The president picks and chooses his political battles or where to go. He's in Florida right now, which does seem a little bit odd, given all the other far more crucial and razor-tight races going on.

That's where you will find our Jacqui Heinrich -- Jacqui.

JACQUI HEINRICH, FOX NEWS CORRESPONDENT: Hey, Neil.

Yes, the latest polling shows neither candidate the president is stumping for today is likely to win their race. So why isn't Biden spending his time in a battleground state? We will tell you right after the break.

(COMMERCIAL BREAK)

CAVUTO: All right, there are a lot of razor-tight battles going on across the country in this midterm election year. Florida, for the time being, just using polls, is not one of them.

But that has not affected the decision the part of the president of the United States to go there to the Sunshine State to do what he can against what seem to be pretty enormous poll odds.

Jacqui Heinrich has more from Miami Gardens, Florida -- Jacqui.

HEINRICH: Neil, good afternoon.

Florida has one of the highest, if not the highest concentrations of senior citizens in the country. So, the president sees Florida as the ideal backdrop for his message that, if Republicans win, they will slash Social Security and Medicare.

Biden's been going around flashing copies of Florida Senator Rick Scott's proposal that would put those entitlement programs up for a vote every five years. And it's had some success, putting the GOP on defense.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: You have paying into Social Security your whole life. You earned it.

Now these guys want to take it away. Who in the hell do they think they are?

SEN. RICK SCOTT (R-FL): I'm going to fight like hell to make sure we preserve Medicare and Social Security.

DANA BASH, CNN: Do you support cutting back on Medicare benefits or reducing Social Security payments in order to keep the program solvent?

SCOTT: No. And I don't know one Republican that does.

(END VIDEO CLIP)

HEINRICH: But Biden's appearance in Florida is widely seen as evidence that he's got limited sway with voters. Neither candidate he's stumping for today is likely to win their race.

Senator Marco Rubio has a strong lead over his Democrat opponent, Congresswoman Val Demings. And Democratic gubernatorial candidate Charlie Crist is trailing Governor Ron DeSantis. Biden's appearing with Crist for a fund-raiser tonight ahead of his DNC rally.

DeSantis' campaign tells FOX Joe Biden may be getting snubbed by Democrats across the country, but one worn-out old donkey can always count on another.

(BEGIN VIDEO CLIP)

SEN. MARCO RUBIO (R-FL): I think he's in Florida, frankly, because they don't want him in Wisconsin. They don't want him in Pennsylvania. They don't want him in Arizona. They don't want him in some of these other places. And he has to go somewhere, because it's embarrassing to have an incumbent president that no one wants campaigning for them.

(END VIDEO CLIP)

HEINRICH: The president's messaging that this election is not a referendum on his party leadership, but a choice, is also a double-edged sword, because it really highlights his weak point and also casts the other side as a worse option.

Democrats, though, are leaning on their sharpest tool in the shed, former President Barack Obama, to go out and clean up in these states where races are close. Today, he is in Nevada, Neil.

CAVUTO: Jacqui Heinrich, thank you very much.

To Don Peebles right now, Peebles Corporation founder and CEO, former Obama fund-raiser, very, very influential man within Democratic circles.

Don, good to have you.

You're a money guy. You look at where money can be well spent on the part of a political party, this president committing himself to Florida. Your thoughts?

R. DONAHUE PEEBLES, CHAIRMAN AND CEO, PEEBLES CORPORATION: Florida is out of reach.

And the fact that he's coming here is indicative of, I guess, unfortunately, that the candidates that want him are in a mode of desperation. And that's unfortunate. I mean, I just don't see a circumstance where Ron DeSantis doesn't win. I think Rubio's race is a little tighter. But he will pull it out.

And I just don't -- I'm puzzled as to why he would come to Florida, which is where I am right now.

CAVUTO: You know, Don, one thing that interests me is that, however gifted a politician Barack Obama is, and that he certainly is, he can't move the needle when he's not on the ballot.

We discovered that in his two midterm elections, where he lost 40 seats the first go-round, and I think it was 14 seats the second time in 2014. So, how much do big party powers and stars move the needle in the first place?

PEEBLES: Very little.

I don't think that voters are going to react to the former president, as much as the Democratic Party would like to see that. They're not going to react to President Biden in a positive way. And I found it very interesting that his people are trying to spin it as not being a referendum on his leadership.

Of course, this election is about a referendum on his leadership. But at the end of the day, the Democratic Party has to start fielding some better candidates. And I think that's what -- one of the problems they're having right now, is that the candidates are not resonating with voters.

And their message is more about scaring people, as opposed to present-day actions or results or what's actually happening in the country. And I think the Republicans are having an edge because they're talking about the key issues that Americans feel are very important. One of those is crime.

CAVUTO: So, Don, let's say, a week from now, the Republicans have run the table. They have gotten the House and the Senate. And I'm wondering what a President Biden does the next day.

In that event, would he pull a Bill Clinton, what he did in '94, when his party was shellacked and lost 54 seats in the House? And would he pivot? Would this president pivot?

PEEBLES: I'm not sure that he is in a position to do that, because the Democratic Party is a different party today than it was when Bill Clinton was president.

He didn't have these Democratic socialists running around the halls of Congress. You didn't have that twist towards socialism and the liberal approach to governing. So I think it would be much more difficult for President Biden to do it.

And then, of course, he doesn't have Bill Clinton's skill set. And leadership in politics has a lot to do with the candidate themselves. And this president is very unpopular. He won because he wasn't Donald Trump, and -- at that moment in time

And I think that that was the challenge in terms of him being able to lead post-election, and we're seeing that now. So I think, when he wakes up, when the Republicans gain control of the Senate, which they are highly likely to do, and have control of the Congress -- of the House, I think he's going to have to figure out what could he get done now, if anything.

CAVUTO: But it's, as you said, a far more progressive or liberal party than it was in either the time of Bill Clinton or, for that matter, you could say Barack Obama.

Could either of those men get elected, get nominated in this party today, the way it is today?

PEEBLES: The way it is today, I think they'd have a challenge.

I think the one thing that would help them is that if they were perceived to be the stronger candidate against a Republican nominee or incumbent that was unpopular, like Trump. And -- but I think -- and I think that the Democrats made the decision with Biden to go moderate, and someone who would work across the aisle.

But he and his vision have been co-opted by the far left in the party.

(CROSSTALK)

CAVUTO: But if he were shellacked, Don, if he were shellacked, let's say, would there be increasing pressure in the party not to see him run again, President Biden?

PEEBLES: Yes, but -- yes, but, I mean, I think there's pressure now.

The problem -- and we have talked about this before -- is how in the world -- if they pass over Biden, who's on deck is Kamala Harris. She's very unpopular, less popular than he is right now. So where do they go? And I think their best candidate, as I said, is not ready to run for president yet. And that's Wes Moore. And I think he's six years out.

So I think the Democratic Party's in trouble, but I don't think...

(CROSSTALK)

CAVUTO: The front-running gubernatorial candidate from Maryland.

PEEBLES: Yes. Yes.

CAVUTO: Young African-American guy, a war hero.

(CROSSTALK)

CAVUTO: So, you might be right. It's open, jump ball at that point, right?

PEEBLES: Yes.

And I think that the Democratic Party right now is paying the price for not looking at grooming more moderate leaders and moderate candidates, and allowing this tug-of-war to pull us to the left. Bernie Sanders has been going around campaigning as well. And he's campaigned in New York, and -- which I don't understand why.

And he's campaigning down in Florida. And, again, I don't understand why. I think he campaigned in Florida when DeSantis ran the first time and helped DeSantis.

CAVUTO: We will watch closely.

Don, thank you very, very much.

Don Peebles, very well connected to the Democratic Party and those who want to see an electable candidate. That's his ultimate goal, electable candidate here. He's not finding it for the time being.

All right, in the meantime, the craziness at the border, and you probably always react the way I do: Why can't we find a Republican and a Democrat to get together on this?

Well, we have found such a thing. They exist, a Republican and a Democrat and what they have to offer to get this thing solved -- after this.

(COMMERCIAL BREAK)

CAVUTO: The man accused of beating Paul Pelosi last week with a hammer is finally going to make an appearance in federal court in San Francisco.

Thank God he had federal charges against him, because, had he not, he'd be out free now -- after this.

(COMMERCIAL BREAK)

CAVUTO: Already, it got pretty rocky at the border, and I mean rocky as in violent, nasty, and now getting increasingly dangerous, including a good number of migrants carrying Venezuelan flags.

It gives you an idea that this is much bigger than Mexico, much bigger than one or two countries. By last count, those who've made their way into this country, 2.5 million-plus, including hundreds of thousands of so-called got-aways, number some 116 countries, reason enough, you would think, to heighten the urgency of this and get something done on a bipartisan basis.

But it's not happening, with the exception of these next two gentlemen.

Texas Congressman Tony Gonzales is here, Republican from the beautiful state of Texas. Also from that same wonderful state is Henry Cuellar, the Democrat. Both are trying to get to the bottom of this and solve it. Easier said than done.

Gentlemen, welcome to both of you.

Congressman Cuellar, if I could begin with you, your concern with the president not too long ago was that he should at least come down and see what's going on. He has not. What do you think of that?

REP. HENRY CUELLAR (D-TX): Yes, absolutely.

I think the president needs to come down to the border and see exactly what we're facing. Tony, Congressman Tony Gonzales, myself, we're working in a bipartisan way. We're both on the Appropriations. We know one thing. The basic premise is, you want to allow the good people, the tourists, the good things to come in, trade.

There's about a million dollars of trade every single minute between the U.S. and Mexico. And then stop the bad people from coming in and the drugs from coming in. That's the balance that Tony has and that I have. And we're trying to find that balance to make sure that we grow and prosper as a country, but still keep our country safe.

CAVUTO: Congressman Gonzales, maybe you could help me with this. What would bring common ground?

Both parties agree there's a mess at the border. Obviously, the devil is in the details. How do you solve that? If you made an overture to fellow Republicans, what would it be?

REP. TONY GONZALES (R-TX): Yes, Neil, thank you for having me...

CAVUTO: Thank you.

GONZALES: ... and my good friend Henry Cuellar on the show.

Right now, we have Border Patrol agents that are getting assaulted every single day. And it's pure chaos along the border. I would remind people the messenger matters. And having members of Congress from both sides of the party that want to solve things is important. And that messenger better not be crazy.

What I appreciate about working with Congressman Henry Cuellar is, he's about solutions. So here's the some of the things that we have done. Here are some of the things that we need to do. Some of the things that him and I have done is, we have worked together to expand Stone Garden. These are funds for sheriffs, law enforcement agents on the border.

Some of the things that we have also done is help increase technology. What are some of the things that we need to do? We have to end catch and release. I'm committed to doing that. I know Henry Cuellar is committed as well. This goes away if there's catch and release. There has to be repercussions for some of these issues.

You don't see a lot of people working together on this issue. This isn't a Democrat or Republican issue. This is an American issue. And we have to come together. I look forward to working with my good friend Henry Cuellar to continue that.

CAVUTO: Congressman Cuellar, on the catch and release thing, it's more difficult right now to find Democrats who will want to do something about than Republicans.

Now, Republicans have their own issues, for example, dealing with the millions of illegals who are in this country and their path to citizenship, if there's one at all beyond the kids of those immigrants. So, I digress.

But where do you see, on the catch and release, Democrats finding a middle ground?

CUELLAR: Well, I can't speak for other Democrats, but I can speak for myself and I can speak for members of Congress like my good friend Tony Gonzales.

We understand that if you don't have repercussions at the border, that is, that you return people back, then it just becomes a speed bump or a little slap on the hand, and people are going to continue coming in large numbers, like we're seeing. You have got to have those repercussions.

And this is what Congressman Tony Gonzales and I are doing. People don't understand. They think that members of Congress don't talk to each other, don't work together, but we're both appropriators. And we're working together to find solutions, the technology. We're adding more moneys for new Border Patrol agents, new CBP, because you have got to be smart on how you address this issue.

For example, most of the drugs for example, meth, 94 percent of the meth will come through ports of entry; 91 percent of the fentanyl comes through ports of entry. And we can go on.

So we got to make sure that we not only talk and support the men and women in green, but also the men and women in blue. And, finally, if you looked at about 50 percent of the 11 to 12 million undocumented aliens that we have, about 50 percent of them are visa overstays.

And, by the way, the number one violator is the country of Canada, just as a point of fact.

CAVUTO: That's interesting. I have heard that as well.

Congressman Gonzales, would Republicans be open -- because they were dead set against when President Biden just stopped building the ball -- the wall. All the materials were there and everything else there. I guess they're just rotting away.

If there were middle ground there, would it be for more electronic action? In other words, is that the start, you think, that Republicans would go for and maybe be open to some of this other stuff that Congressman Cuellar outlined?

GONZALES: Yes, Neil, the start is having the Biden administration just take a phone call, just sit down.

I have jumped up and down and have asked to meet with the president over and over again, just to have a conversation. Like, let's start there. The reality is that the Biden administration is finishing the wall. They won't say it publicly, but they -- they have started to finish the wall. Why? Because it works.

So I think everything should be on the table. But it starts by those that are willing to come to the table and solve this. Like, let's have a discussion. Myself and Congressman Cuellar, we live it every single day.

Our constituents are saying, hey, Tony, I don't care who you work with. End this. Work with the administration. Work with whoever you have to do. This has to end, so Americans who live along the border can get their lives back.

CAVUTO: Yes.

GONZALES: Our lives have been turned upside down.

CAVUTO: Well, I got to hand it to both of you gentlemen. You're moving the ball. You're trying to. You're talking to each other. There's a concept. So, it is possible.

So, gentlemen, I want to thank you both, A, for appearing here, but, more importantly, for what you're doing to try to settle this once and for all.

Tony Gonzales and Henry Cuellar.

In the meantime, I want to take you over to San Francisco. Very soon, we're going to hear the full arraignment or at least the appearance in a federal court of the guy who tried to hammer, some people said his intent was to kill Paul Pelosi.

That's coming up after this.

(COMMERCIAL BREAK)

CAVUTO: All right, the man behind the attack on Paul Pelosi last week is in federal court, or soon will be. I don't know the exact timing right now.

We are in San Francisco. These are federal charges that are going to be handed down, again, in a federal courthouse.

Christina Coleman with more from San Francisco -- Christina.

CHRISTINA COLEMAN, FOX NEWS CORRESPONDENT: Hi, Neil.

Yes, so the suspect is in the courthouse right now waiting to be given his charges for this arraignment. He is waiting in there, waiting for that to happen. Now, authorities say that he admitted to breaking into Pelosi's House early Friday morning with a hammer. Now he faces two federal charges.

He also faces multiple state felony charges -- or state charges, including attempted murder and residential burglary. He faces 13 years to live, if convicted of those felonies.

Now, police a 42-year-old David DePape broke into Pelosi's home early Friday morning, woke him up and demanded to see his wife. Mr. Pelosi still managed to call 911. According to the federal affidavit, DePape told authorities, when police showed up to the house, Pelosi ran and opened the door and grabbed the hammer that he was holding.

Now, police say, when they arrived at the House, they witnessed DePape gain full control of that hammer and swing it into Pelosi's head. And according to police, DePape said that he was going to hold the House speaker hostage and talk to her. And if she were to tell the truth, he would let her go, and, if she lied, he was going to break her kneecaps.

He also told police that he viewed Pelosi as the -- quote -- "leader of the pack of lies told by the Democratic Party." He told police that, by breaking her kneecaps, she would have to be willed into Congress, which would -- quote -- "show the other members of Congress there were consequences to actions."

(BEGIN VIDEO CLIP)

BROOKE JENKINS, SAN FRANCISCO DISTRICT ATTORNEY: It appears as though this was, based on his statements and comments that were made in that house during his encounter with Mr. Pelosi, that this was politically motivated.

(END VIDEO CLIP)

COLEMAN: Authorities determined DePape has been living in the garage of a residence near Berkeley. He's been described by people who reportedly know him as a drug-addicted homeless person who suffers from mental illness.

Also, per an ICE source, DePape is in the U.S. illegally as a longtime visa overstay. Authorities say Mr. Pelosi did not know DePape and that they were the only two in the house at the time of the break-in.

Now, Pelosi is expected to fully recover from his injuries. And the House speaker says it will be a long recovery process -- Neil.

CAVUTO: Christina, thank you for that.

Christina in San Francisco.

Let's go to Bill Daly right now, the former FBI investigator, also Ted Williams, a former D.C. homicide detective, defense attorney.

Gentlemen, one of the things I found interesting is, there are a variety of charges that DePape faces right now, among them, attempted homicide, first- degree burglary, assault with a deadly weapon and elder abuse. And then there are separate federal charges involved here for attempted kidnapping, an assault with intent to retaliate against a federal official by threatening or injuring a family member.

Those are the ones that carry a sentence of up to 50 years in prison. And I'm told, Ted Williams, those federal charges other reasons he is still in a county jail, that, otherwise, if it was local ordinance, he'd be out on bail or just out, period. Am I right? Is that right?

TED WILLIAMS, FOX NEWS CONTRIBUTOR: Well, I think you're certainly accurate under California law that he very well could be out, based upon state charges.

But the attempted kidnapping is the charge that certainly, I think, is going to keep him in jail for some time to come. I will say he's lucky to be alive, because when he raised that hammer, those law enforcement officers could have blasted to smithereens.

CAVUTO: You know, Bill Daly, what do you make of this? There's still so much we don't know about the timeline behind the attack. We do know that Pelosi himself is still in that hospital, still recovering.

It could have been a very, very different story, to Ted's point. Your thoughts?

BILL DALY, FORMER FBI INVESTIGATOR: Yes, Neil.

I mean, it's certainly could have been a very different story if they had not interceded so quickly in that, I mean, and certainly the miracle of that kind of call and immediate response.

We did hear the transcript of the call that Mr. Pelosi made to police. There's some people read into the fact that he said, oh, I have a friend here, et cetera. Somebody under duress, under duress is -- and maybe with someone nearby, wants to kind of tone things down.

And,, that's why he -- when he made that call, which was the call that precipitated police doing kind of a wellness check, because they sensed that something was awry, that's when they interceded and got there very quickly. I mean, it was something out of a movie, where they rolled in and here the two were struggling with a hammer.

CAVUTO: Yes, obviously, DePape had other intentions, Ted, if we're to take him at face value, that he wanted to kneecap Nancy Pelosi, drag her to Capitol Hill.

I mean, it gets pretty morbid, pretty crazy. But that's what we're dealing with. What do you think?

WILLIAMS: Yes, we're dealing with a possibly very disturbed person.

For someone to break into someone's home in the middle of the night, and then to specifically say, "Where's Nancy?" I think that is what is helping the authorities with the attempted kidnapping charge, Neil.

CAVUTO: So, looking at the charges right now, Bill, of course, this occurs with a backdrop where we have very easy, almost way too easy, bail policies in cities across the country.

In San Francisco, a prosecutor was thrown out of office for deemed being too easy. Is this a reminder that, if you have tighter standards, tighter charges, or even a tighter policing of those charges -- and I know it's different in this case, by all means, an attack on a speaker's family member -- that that works, that they get put behind bars and stay behind bars?

DALY: Yes, Neil, you see, a number of these people are recidivists. So they're out there.

And between the time that they're arrested, and there's no bail, and they're waiting for some type of court hearing or the next session to go back to court, they're committing an act. And I think this goes to show you that people who have this type of -- these behaviors are bound or perhaps possible -- possibly recidivists, where they're going to commit these acts when they're out again.

And we have seen that time and time again, whether it's here in New York or whether it's in major cities in Chicago or out in California. And so I think that does send a message. When people are incarcerated and held, depending upon the charges, with bail or perhaps sometimes without bail in jail, it may reduce the opportunity to commit further harm to citizens of that locale.

CAVUTO: All right.

By the way, Ted Williams, we're told this is all over now. The arraignment is done. You mentioned earlier, Ted, that, depending on the degree of the charges actually filed here, that kidnapping one alone could land him in prison for the better part maybe the rest of his life, although he's 42 years old, I believe, but at least a 50-year sentence on that alone.

WILLIAMS: Yes, absolutely.

I think, when you look at the state charges here, the two state charges -- I stand to be corrected -- the two federal charges and the state charges...

CAVUTO: Right.

WILLIAMS: ... this guy is looking at being behind bars for some time to come, for, I would say, perhaps maybe the rest of his life, if they -- if he's convicted of the charges.

CAVUTO: All right, guys, thank you very, very much.

Jenna (ph), you were saying we have an update on it? All right. He pleaded not guilty to these charges and he's being held without bail. That's probably not a big shocker. We will keep you posted on that, give you an update.

Meanwhile, as we're a week away from the big midterm election, what are the battleground states? Some have just become battlegrounds. We're on top of it.

Our Bill Hemmer all over it -- after this.

(COMMERCIAL BREAK)

CAVUTO: All right, a week from today, the voting will be on, in person voting. Already, millions of Americans have already voted in this midterm election year that's getting the attention a presidential election year does.

Our Bill Hemmer is keeping track particularly of this battle for the United States Senate.

And it gets crazier and crazier every day, doesn't it, Bill?

BILL HEMMER, FOX NEWS ANCHOR: Sure does.

Hey, Neil. I see. I just want to give you a little spin here, OK, and give me a sense of who's on offense and who's on defense, where are Republicans spending money, where are Democrats spending money, and ask yourself whether or not it makes sense.

And maybe after the election, this tells us a little bit. Maybe it doesn't. But there's a district up here in New York. It's New York 25. It's Rochester. All right? This should not even be on the board, Neil, OK? La'Ron Singletary is a former police chief. And apparently he's running a pretty good race, because Democrats over the past week have thrown a lot of money into this race.

They set an all-time record for homicides in Rochester, New York. So you know what the issue is there. It's crime, right? Come down here to -- let's go to Pennsylvania, Pittsburgh. This is an urban area, Allegheny County, right along here.

Summer Lee is a progressive. Mike Doyle is a Republican. He wants the seat. Democrats, again, putting money into this district. Why is that? Is Doyle doing better than people thought? Can Republicans win in places like Pittsburgh, PA? The city now, I'm talking about, not the suburbs. Can Republicans win in Rochester, New York?

If they can, Neil, then you come out a little wider and ask yourself what's happening all in here across the entire country come election night?

And then we go to California, and all these races are starting to pop up. Want to take you down to California 26. Julia Brownley is the Democrat. This is just north of L.A. here, OK? Over the last week, Democrats thrown a lot of money in this race, thinking -- and this race has moved now more toward the center, and perhaps she could be in trouble.

And that was something that, even a week ago, Neil, I would argue it wasn't on the radar. And this kind of stuff is popping up every day now. And maybe it means something and maybe not in the end, but follow the money and see who's playing offense and see who's playing defense along the way.

CAVUTO: Just wild.

Bill Hemmer, thank you very, very much, my friend.

Let's go to Gerry Baker, what he makes this, "The Wall Street At Large" with Gerry Baker, a very popular show on FOX Business, which, if you don't get, you should demand. Of course, Gerry has a show on the network. He's already demanded it. It's a waste of time.

But, Gerry, always good to see you.

Bill was alluding to these polls that are showing this moderate to conservative shift that's make getting a race out of races that shouldn't be races. And I'm just wondering what you make of that.

GERRY BAKER, HOST, "WALL STREET JOURNAL AT LARGE": Yes. Neil, thanks very much again for having me on.

And it was interesting to see Bill's map there opening up some parts of the country that are becoming competitive that perhaps weren't expected to be competitive. Look, I think something -- I mean, it does look as though, in the final days of the campaign, we are seeing some quite significant movement towards Republicans.

You're seeing it in some of the polling, The Wall Street Journal poll today is a very marked example of that, a swing to Republicans, ahead now in the generic ballot, big swings in some of the categories of voters, suburban women swinging enormously towards Republicans, I think concern about crime and inflation.

So I think you are seeing this. The interesting thing, though, Neil, it still has to be said, is that even as more and more of those House races become competitive, the Senate picture still looks a little complex and still it doesn't look good as though it's in the bag for Republicans. In fact, there's still a chance Democrats could hold on, as you look at those key races in Pennsylvania, in Arizona and Nevada, in Georgia, in particular.

It's still not clear yet that, despite the Democrat -- the Republicans having a solid lead on the issues across the country and making advances in some of those national polls, those Senate races still seem to be toss-ups.

CAVUTO: You know what's wild too, Gerry?

And you have written about this, but the crime issue, in other words, where there does seem to be some tone-deafness out of some prominent Democrats. Kathy Hochul in New York comes to mind, the governor, who is trying to get elected in her own right, but faces an unusual challenge in this bluest of blue states from Lee Zeldin, where it could be pretty competitive.

He could even win, the first Republican in 20 years. Where is she botching it?

BAKER: Well, you -- I think you hit it on the head there. And thank you again. I have written about it my column today in The Wall Street Journal about denialism on the Democratic side.

This, I think, is the big problem that Democrats have, that, whether it's inflation, they have spent a year, more than a year denying that inflation is a problem. Still doing it. Still saying, no, inflation isn't a problem. The economy's great. Remember, strong as hell, President Biden said just a couple of weeks ago.

Crime, they are basically denying that crime, which is surging in so many cities, that they're denying it's a problem at all. Kathy Hochul, in her debate last week with Lee Zeldin, I think, really what might be one of the pivotal moments of that -- the pivotal moment of that campaign, said -- she was repeatedly pressed by Lee Zeldin to say whether or not she favored putting criminals in jail.

And, at one point, she said, I don't understand why this is so important to you. And it just seemed to me to capture and to lot of people just how much in denial Democrats are, or at least that trying to get us to deny what we see with our own eyes.

I live in New York City, Neil. We know how bad the crime problem was become here. It's up. Thank God it's not where it was 30 years ago. It's true. But it is much, much worse than it was three, four, five years ago. And people know that. They're not stupid.

CAVUTO: Absolutely.

BAKER: They don't like to be told by their leaders that what they see in front of their eyes is not real.

So I think that, whether it's on crime, whether it's on inflation, whether it's on immigration -- they told us for a long time there was no crisis at the border, the border is secure. People see some -- people see the reality. And when the politicians tell them something different, I think they think those politicians are not fit for office.

CAVUTO: Well, we shall see. And a week from now, we will know for sure one way or the other.

Gerry Baker, thank you very much, my friend. Very good seeing you.

All right, we have been following as well this attack on Paul Pelosi a week ago. He is still in the hospital and his alleged assailant has just been arraigned. He's going to have to sit and stew in jail right now. We don't know for how long. He pleaded not guilty to the charges.

Let's get the latest from Claudia Cowan in San Francisco.

Claudia, what have we learned?

CLAUDIA COWAN, FOX NEWS CORRESPONDENT: Hey, Neil.

No cameras allowed, but it was a packed courtroom for this arraignment for David DePape that just wrapped up a few moments ago here behind me at the Hall of Justice. He was wearing an orange jail jumpsuit. He was not shackled. But one of his arms appeared to be in a sling. He was in the hospital as well. He apparently just got out of the hospital this morning.

The details of his injuries are unclear, but he sat quietly in the courtroom as the judge, Diane Northway, retired visiting judge, accepted his plea of not guilty. He faces a number of state charges, including assault with a deadly weapon, elder abuse, burglary and so on. And, of course, the state charges are in addition to several federal charges that were announced yesterday.

And if convicted on all of these charges, Neil, of course, he could spend decades in prison, possibly more, because the assault with a deadly weapon charge carries a possible life prison sentence. So everyone is back in court now on Friday for more legal proceedings, including some arguments about whether he should be allowed to be free on bond.

So we are all back here on Friday. But, for now, the arraignment is over. And we will see what happens next, Neil.

CAVUTO: I would imagine it's unlikely they would free him on bond, right?

COWAN: Yes. I would think that would be very unlikely, yes.

CAVUTO: Got it.

Claudia, thank you very much for that.

Real quick, take a peek at the corner Wall and Broad. We had the Dow down about 79 points. I only say this on Fed meeting eve, when they wrap up that two-day meeting in Washington, where we're expected to see the Federal Reserve raise interest rates again another three-quarters-of-a-point. That is expected tomorrow.

It's all the language and the details we hear from Jerome Powell, the chairman, as to how many more of these are coming. And we're told more are.

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