president. president trump expected to name his nominee to replace justice ginsburg on saturday. she is lying in repose at the supreme court today and will be moved to the capitol statuary hall tomorrow, the first woman in history to lie in state at the u.s. capitol. hope to see you back here this time tomorrow. brianna keilar picks up our coverage right now. have a good day. i'm brianna keilar and want to welcome viewers here in the united states and around the world. democracy in america on the brink. the united states president has undermined faith in america's institutions and ideals. he has consistently expressed his admiration of autocrats but now he's threatening to become one. >> will you commit to a peaceful transfer of power after the election? >> i've been complaining very strongly about the ballots and the ballots are a disaster.

>> i understand that but people are rioting. do you in it to making sure that there's a peaceful transferral of power. >> get rid of the ballots an enyou will have a transfer -- there won't be a transfer. there will be a continuation. >> he's testing the boundaries of democracy and encouraging violence. there's no way around it. it's rigged he puts it. also this week trump praised violence against the journalists. they're asking able-bodied people to form election squads which were used to intimidate people of color from voting. trump has dismissed the fact that russians attack this election to hurt joe biden. his cam pane and lies pushed videos of opponents and trump is claiming to override the fda on guidelines to be stricter for a vaccine fueling new fears that

the vaccine is politicized to get him re-elected. hi gives himself an a-plus for failing coronavirus response in the same week we lost the 200,000th american to this disease. trump contradicts the head of cdc on masks and vaccine and proxy on the task force a ra radiologist is also undermining dr. robert redfield. >> the preliminary results in the first round show that a majority of our nation more than 90% of the population remains susceptible. >> i think that dr. redfield misstated something there. >> that's just this week. with less than six weeks until election day, the fbi warned this week that foreign actors will try to spread disinformation on the election outco. what's clear is following the playbook of president trump

and while democratic lawmakers quick to condemn the president's refusal to guarantee a peaceful transfer of power the republicans are pushing back. mcconnell tweeted this, there will be an orderly transition and always has been. cnn senior congressional correspondent manu raju is on capitol hill. i know you were burning up the phone lines to see where lawmakers stand on what the president said. >> reporter: this is really the story of the trump presidency, the president says something or does something very controversial, republicans on capitol hill tend not to engage, don't respond, dodge questions about it but this time the controversy dealing with the pillar of american democracy and weighing in gently and oftentimes not calling out the president by name but reassure the american public there will

be an orderly and peaceful transfer of power if the president loses. republican cornyn said it's not appropriate for the president to say that but i said what will republicans do about it? he didn't want to entertain a hypothetical. the number two republican senator thune told our colleague that republicans would stand up to donald trump if he were not to leave office and lose the elections. but most republicans are not going there and a lot of them are simply deflecting questions and pointing to a comment that hillary clinton made last month in which she suggested that joe biden should never concede to donald trump if he loses. hillary clinton is not running for president now but nevertheless republicans pointing to that as side stepping the questions whether the president should have committed to that orderly transition. take a listen. >> but i think that to overdramatize it is to overdramatize it. >> how? the president said repeatedly

he's not guaranteed to accept the election results and last night made it clear he was not committing to an orderly transition. >> the opponent stated they don't plan to ever concede the election if -- >> hillary clinton is not on the ballot. the president is running for re-election. >> sure. look. the president speaks in very extreme manners occasionally. i didn't find what he said last night to be overly extreme. >> i think the president will accept the result and will make sure it's fair and would ask you the same question i asked manu. hillary clinton said joe biden should not accept the result of the election under any circumstances. ask the same question of every democrat if they think it's a fair election to support the outcome. >> reporter: the president is the candidate. >> manu, how many people have you asked on the democratic side whether or not to support the outcome of the election? >> reporter: she is not --

>> reporter: democrats saying if joe biden were to lose he should concede and nevertheless republicans are suggesting, one senator ben sass said earlier the president says crazy stuff and this is part of it so you see a variety of reaction and some deflection as republicans are faced with these questions about what the president said last night and caused a lot of alarm. brianna? >> manu, thank you so much for that report. the president is trying to cast doubt on an essential part of process, especially this year. mail-in or absentee voting. he is alluding to claims of widespread mail-in ballot fraud. >> the ballots are out of control. you know it. and you know who knows it better than anybody else? the democrats. >> now in michigan, where trump won in 2016 by just .3% or a little over 10,000 votes, the secretary of state, a democrat,

responsible for running the state's election tweeted the ballots are not out of control. our elections are safe, secure and accessible to every eligible citizen thanks to thousands of committed election administrators of both parties who work around the clock to make sure every vote is counted and every word is heard. secretary benson is here now. thank you for being here. >> thank you. >> what concerns do you have about the impact of president trump casting doubt on the electoral process in your state? >> i'm looking at it from the vantage point that the bipartisan election administrators all around the country working overtime to ensure that the ballots are secure and indeed they are. not just in michigan but around the country. we need voters of all backgrounds to know that whoever they cast their vote for their ballot somebody counted and the vote will be secure. >> you expect a record number of

absentee ballots to be cast and need to be postmarked the day before election day as i understand it and could be coming in after election day and then be counted after election day even though they were mailed beforehand. how quickly are you thinking that you will have voted counted? how quickly will we know which way michigan is going? >> we are looking at it from a basic math perspective. we will have probably 3 million ballots or more sent to clerks throughout the state and they cannot begin tabulating until 7:00 a.m. on election day and it is just not physically possible to have those -- those many ballots counted in 13 or 12 hours. they start at 7:00 a.m. and get done when they get done with them and prioritize security and accuracy and efficiency. we have doubled the number of tabulators. we have recruited 20,000 election workers across the state working as hard as they

can to 0 efficiently tabulate those ballots and takes time and estimate it's not until friday when we know the full results and have every ballot tabulated and at the end of the day we prioritize that full tabulation, that accuracy over everything else. >> so you know if you go to friday, if you're going days after election day, the longer the count goes on that plays into the narrative that the president is already setting up which is baseless but it's that the election is rigged. especially in the case of states like yours where the margins are so slim or could be so slim and could change after election night based on what's come in by election night and what you're counting after. how do you deal with that? >> there should be and this is the way democracy works, no winner is declared until every ballot is counted. at the same time we recognize from the minute that the polls close to the minute of the final tabulation there's efforts to

try to sow seeds of doubt among the electorate and others about the sanctity of the vote. we respond with fact and transparency. we'll consistently not just my office but in many other offices because michigan isn't the only state consistently providing information about the progress, being trance paresparent and reg to any element of misinformation in that time period with truth and data and facts until the final votes are tabulated. >> secretary benson, thank you so much for joining us. >> thank you. >> and good luck. you have quite the weeks ahead of you here. my next guest is an author of a timely warning of what could happen if president trump refuses to concede or clouds the outcome of the election. barton galman is behind the cover story for "the atlantic."

but this was a piece that was actually released early online with editor in chief explaining sometimes a story comes along that just can't wait and joined by barton gellman. you write that people including joe biden have misconceived the nature of the threat, fwrramings a threat unthinking. and the you go on to say, quote, the worst case is not that trump rejects the election but uses the power. in your article here in your obertoing you found a concerted effort to do that. tell us about that. >> well, one of the things that surprised me when i started to explore this was the power of the implication. if you start with the premise that president trump is not going to concede defeat, whether or not he's defeated, he has

enormous power to prevent the formation of a decisive outcome. there's no umpire in presidential election, even someone like the secretary we just heard from, there's no umpire who has jurisdiction over the whole problem of who just got elected of president and say the game is over. there's no one to tell the loser he's lost if he's not prepared to concede and a thing that the president can do is to challenge the results. his campaign is working on the apparent presumption that he can't win or is less likely to win if all the votes are counted. he has pre-announced the legal strategy of challenging mail votes and in particular any vote not counted on election night as being fraudulent or rigged or invalid and just a fantasy invented out of old cloth. we have been doing mail-in

ballots securely for decades in this country. >> you say -- >> and -- >> sorry. go on, bart. >> he starts off by challenging them in the world of public opinion, he challenges them in court. he challenges them at the polling places where his watchers have the right to look at every outer envelope from every mailed in ballot and argue, no, that signature doesn't match. that postmark is unreadable. these are the new hanging chads of this election. but he's going to do his best to prevent the votes from being counted. >> you say the postmark will be the hanging chad of 2020. and you also highlight the expiration of the consent decree which was born out of a new jersey governor's race in the '80s where the gop allegedly hired off duty police to be a national ballot security task force that just had the affect

of swim dating voters of color. the president said this. >> we're going to have everything, we will have sheriffs and we will have law enforcement and we are going to have hopefully u.s. attorneys and we're going to have everybody, an attorney general. >> i mean, that's sounding like this volunteer force monitoring elections. what will the effect of that possibly be? >> well, these ballot security task forces and in particular the use of off duty police officers, sheriffs and so forth, they work because they rely on the perfectly reasonable and rational reluctance of people of color to have encounters with members of law enforcement because their expenses with them 0 frightening and so this is the first presidential election in 40 years in which the republican national committee will not be under court supervision and will not be forbidden by courts to do

ballot security measures. so we'll have to see how far they go. beyond that, the president has command of an enormous federal bureaucracy. if he chooses to do so, and if bill barr is willing to write him the check with an assertion of presidential authority he can send people to guard or super vise or seize or impound postal ballots at post offices, for example, or to bring law and order to an unruly city which happens to be key democratic stronghold in a swing state. we don't know what he is capable of doing because he's announced he doesn't intend to let anything happen that causes him to lose the race. if you define a rigged election as any election in which i lose, then you're leaving yourself a

lot of latitude to act. >> yeah. it's a fascinating read, bart. it is very important to read. we really appreciate you joining us to discuss it. thanks. >> thanks for having me. the president claims he could override the fda on the coronavirus vaccine. can he, though? plus, we are now learning that the virus is mutating. and what is that going to mean for all of us? and tensions boiling of. the lack of charges in breonna taylor's death. we'll take you to louisville. this is cnn special live coverage.

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coronavirus infections are

trending in the wrong direction in the u.s. the nation reporting more than 1,000 deaths in a single day for the first time in over a week. nearly 1,100 people tacken from their families, health officials plead with americans not to squander this critical time, these few weeks before flu season to get the number of coronavirus infections down. today, though, 21 states are experiencing an increase in new infections come parred to just last week. almost all in the midwest and the west and then there's this, a new cdc analysis finding young people in the 20s have accounted for more than 20% of the confirmed coronavirus cases from this summer and says nearly 11,000 people may have been exposed on commercial flights. united is offering rapid covid testing specifically to hawaii to help people avoid the state's quarantine rules. the president is now accusing his own government of playing

politics coming approving a coronavirus vaccine and he is threatening to inject himself boo the approval process as regulators consider additional proposals for a more cautious and safe vaccine time line. sources say that the fda is weighing proposals like adding an extra 60 days to the process to increase the monitoring time of patients in the trials. this is a move that would push a vaccine beyond election day and dash the president's political time line. here's what trump said when asked about the stricter qufda guidelines. >> that has to be approved by the white house. that sounds like a political move. >> shouldn't be punished by doing something faster than other people could have done or thought. we have a pandemic. the urgency is the pandemic. not politics. >> are you -- >> extremely political. why would they do this when we come back with the great

results? why would we be delaying it? >> mere hours before the president said this, four of his top health officials pledged to congress that science and science alone would drive the authorization and timeloine of vaccine. the head of the fda choosing not to comment on the president's threat. i want to bring in the director of the center for virology and vaccine research. thank you for joining us to talk about your perspective here. can the white house as you know it override the fda and short circuit the approval process? >> well, thank you. i'm not a regulatory expert so i don't know the legalities of it but what's critical is maintenance of public trust because for a vaccine to be successful in a population level then we need the vaccine to be successful but we also need there to be public trust in the vaccine process and the

regulatory process for people to take it. >> and briefly, these proposals that the fda is weighing, they involve adding 60 days before a vaccine maker applies for an emergency use authorization and the wait has to happen until all the participants get the second shot, the other plan says half of the participants get the second dose. why are those markers important? >> absolutely. so the issue that's at stake here is safety of a vaccine which is the most important part about a vaccine. because if a vaccine is going to be given to millions or billions of people we need it to be extraordinarily safe. what is the bar of safety needed before an emergency use authorization that would be necessary for public use? and i think that in this case the debate is really what is that marker for safety? and just the fact that there are two proposals that have been put

forward essentially means that there is a debate ongoing. how much safety time and safety follow up is really needed to assure the public that the vaccines are safe? >> i want to listen to something that the hhs secretary said today. >> i want to reassure you and the american people, politics will play no role whatsoever in the approval of a vaccine. there are many ind in. >> you are involved in johnson & johnson's vaccine trial that reached phase three with the largest group of any trial, 60,000 par tis pants. what obstacles are standing in your way? >> well, yesterday the nih and j an

j&j announced the trial and we are very much in the early stages of this trial so we will need to recruit a large number of individuals for this trial and then wait for infection end points to occur prior to seeking regulatory approvals. >> okay. sorry, doctor. you wanted to add something? >> yeah. but i absolutely agree that science and science alone needs to dictate the process and that is needed because ultimately we need to have public trust in these vaccines. >> yes. it is so important -- >> a fantastic vaccine that people don't take will fail. >> yeah. the vaccine is important, the vaccination is more important or just as important. doctor, thank you so much. >> thank you very much. the naacp president in louisville will join me live on the unrest in his city over the decision in the breonna taylor case. plus, how one civil rights leader is calling for an

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demands are growing for a kentucky attorney general daniel cameron to release the grand jury transcript in the breonna taylor case. the ag's decision not to charge any of the three officers involved or i should say the grand jury's decision not to do that who engaged directly in the killing has set up protests across the country. more than 100 people were arrested in louisville where two officers were shot during the unrest. the officers are recovering. a suspect is in custody and the city's curfew is in effect. the attorney for taylor's boyfriend echoing the public outcry and questioning the grand jury's decision. >> when you've got a politician summarily justifying that's what a jury does. you don't get to shoot bystanders. it is like wiping out a group of

people saying that guy was pulling a gun on me. you don't get to do that under kentucky law but it is back to the same thing. release the entire file, let everybody see it, be trance parent about it and it will show that the information they presented to the grand jury was simply designed not to charge these officers. >> i want to bring in raul cunningham, the president of the local naacp chapter. i know that you have been trying to process the grand jury's decision and also try to understand maybe exactly what the grand jury was presented with. how's your city coping and do you have any clarity a day later on these outstanding questions? >> no. i have no clarity on anything per ta pertaining to the grand jury. we also want to see the transcript. we also would like to know the

makeup of the grand jury. the racial makeup. the gender makeup. this has not been released and it looks as if it is not going to be released. in terms of how the city and the residents are accepting it, i think i would break it down into two groups. one, i feel sorry for the young activists who have never experienced justice or the dispersement of justice in louisville, cnn. for those of us who have been around a while i want to say we were disappointed but we have seen justice unevenly administered in the city before. and therefore, we have to learn

to cope with it as do the young people. but i do believe we will cope with it and we will hopefully survive. >> jesse jackson warned yesterday that violent protests after this decision would be, quote, a commercial for trump. there were two officers who were shot yesterday, 100 protesters were arrested. do you worry at some point the message could be lost as eyes are trained on the violence that we see at times during peaceful -- there are some peaceful protests and then there is violence and very serious, two officers were shot. is the message being lost? >> i think it may be. we need or we should be

advocating for a peaceful demonstration. the violence has no place in today's society where justice has not been dispersed fairly. i think that those in leadership positions must discourage the violence. but not discourage the demonstration. and we have got to try to get a positive spin on the violence and hopefully we'll use the energy that is going into violence to take it to the polls on november the 3rd.

>> mr. cunningham, thank you so much for being with us. president of the louisville chapter of the naacp. >> thank you. next, why a stunt that the white house just pulled shows they're ignoring millions of americans struggling right now acting like they don't even exist. i'll speak live with a high school teacher who's among hundreds asking the school district to reconsider opening schools next week. more than retired generals and admirals have come out to endorse joe biden including a top general who advised trump. bill assumed his mayo was the best choice. assume nothing. just like the leading brand, kraft real mayo is made with high quality ingredients at a price you can feel good about. no wonder kraft is so good.

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usaa. what you're made of we're made for the president and his administration officials will tell lies, they'll mislead, stretch the truth or spend numbers to make themselves look good. we have established that. right? but this is a new one. larry kudlow, the president's top economic adviser, is pretending that time stopped in 2019. >> i want to show you some more examples of the v-shaped recovery. actually, i can jump in here. this is from the census bureau

report. change in the number of people living in poverty. during president trump's first three years, pre-pandemic. 6.6 million fewer people. 6.6 million fewer people living in poverty. >> what is the number post-pandemic? >> we'll have to wait and see on that. >> more accurate -- >> let me go to the -- under the obama years. 787,000 people moved into poverty. so that's a problem and we have the second chart. >> isn't that an old chart? >> no. this is a brand new -- this stuff just came out. >> what about right now? >> if i may, okay? >> i like accurate information. >> this is the accurate information. this is from the census bureau. >> this is 2020. >> let me just go back into this. >> number of americans living in poverty right now, do you happen to know that answer? >> no. >> you don't know that? you're an economic adviser?

>> right. if you will just stop in it pecking and let me explain. >> i want to know what's happening. >> you should have a history lesson to help you understand. >> nitpicking. wanting answers about the millions of people unemployed or hungry is nitpicking? numbers that don't completely omit a pandemic and a recession and the year of 2020 is ni nitpicking? nearly half of americans say they have serious financial problems right now. 1 out of 3 used up or most of the savings, nearly 1 out of 5 americans struggle to pay the rent and mortgage and black and latino households twice as likely as white families likely to say they're struggling to pay. food bank demand exploded. what larry kudlow is trying to do is back up president trump's claim of the greatest economy ever before the pandemic hit.

now take a look at that because while the economy was doing well it wasn't the best-ever. take the gdp before the pandemic. growth in the president's initial three years 2.5%, barely above the obama administration's and it's below the clinton, reagan and johnson administrations. it is also worth noting that the economy was goosed by president trump's corporate tax cuts and never achieved that 4% annual target he promised. then take jobs, with the pandemic he has the worst jobs record of any president dating back to world war ii but before the pandemic there were nearly 7 million jobs added between inauguration and february of this year. theis a 5% gain. if you measure by percentage, and just totally ignored that this whole year we're in right now never occurred that it ever occurred, that is the 11th best record out of the last 20 presidential terms. the thing is though, yeah, this

year happened. right? this is hardly the first time that kudlow given a questionable assessment. this was what he said in february about the coronavirus. >> we have contained this. i won't say airtight but pretty close to airtight. we have done a good job in the united states. >> well, now more than 200,000 americans are dead and the labor department says about 26 million people claiming some 250i7 of benefits in september but let's see what he said in june when the reality of the pandemic was undeniable. >> there is no second wave coming. it is just, you know, hotspots. they send in cdc teams. we have the testing procedures, the diagnostics. >> well, welcome to the second wave, larry. it wasn't just hotspots in june but it's nearly october and, no, there is no national testing strategy. the cdc just had to reverse

itself on faulty guidance that asymptomatic people don't need to be tested even if they're exposed to someone positive for coronavirus and this from just this week. >> the usa is in a much better position thankfully. we have regained control of the virus. both the cases and the fatalities. >> not even close. it contradicts everything that health experts say and it's an insult to those families to those lost to the virus and those struggling financially. >> go back to school. we can do that. you can social distance. you can getz the temperature taken. you can be tested. you can have distancing. come on. it is not that hard. >> it is hard, lawrence. colleges are now epicenters of the virus, millions of children still not back in school and not just kudlow that pretends the pandemic doesn't exist but congress because they're about

to leave washington for a month without a new covid relief deal. goldman sachs cut the future in half and they're divided. they have the paychecks, though. most of them avoided the virus but they can't bring themselves to compromise to help millions of suffering americans. they bury their heads in the sand. like kudlow to pretend that 2020 didn't happen. well, join the club, buddy. if you can find any room in here. just in, the president's niece mary trump is suing him and siblings for fraud calling it the family way of life. next, a teacher in california where there are some mixed opinions about if it's the right time to send kids back into classrooms. to give you the protein you need with less of the sugar you don't. [grunting noise] i'll take that. woohoo! 30 grams of protein and 1 gram of sugar. ensure max protein. with nutrients to support immune health.

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public schools are set to open partially next week for in-person learning. i want to bring in mccormick, and i want to thank you for coming on to tell us what's going on there. your district is offering parents and students a choice to continue with all have you everual classes and tell us about this. >> correct. and thanks.

i want tattoo say you're a favorite. and my mom's the first time i think this needs to be a time of unity for all educators for parents or anybody. we need to all come together for our students and i had to make the unfortunate decision to choose my family, which is really difficult. i have a special needs son, brady, he's 13. he's blind and nonverbal autistic. came home on oxygen and right

now he would not be -- he would not do well in school. flu season is always frightening and his doctor verified it to the covid would potentially kill him. he won't wear a mask. in fact, he doesn't wear clothes sometimes. i'll look away and he has his swim suit off and i'm like, son, we're not european. it's a difficult situation but i made it because my family is number one and it's really hard. my students and families are our consideration. i had to tell my last class i won't be with them anymore and it's really hard.unpaid at this nt as i understand it? >> correct. >> there are a lot of teachers who are going to to go back 92 classroom. but they have a lot of concerns

about reopening high schools. so, what are the concern said and if you were going back, what are the questions about how to proceed safely and what to do. >> i mean, besides the fame and fortune, um, we have been task with march 13th, when everything went to hel and i spent all summer, i know teachers spent all summer to reconfigure all of their lesson plans. i was skeptical at first and i have classes of seniors of 37. i have all 37. they're working really hard.

online learning is working. and our classrooms too, be honest thermometers right next to the door and asymptomatic students are going to pass right through that. it's not safe. we've been fold that. no reason at all. >> well, mark, i think about certainly your colleagues, you among them. i know this is a really challenging time and i thank you for talking to us about what you're going flu. thank you so much. >> thank you so much, brianna. take care. >> thanks, mark. president trump making it clear he might not honor the

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