i'm wolf blitzer. i'll be back tomorrow, 5:00 p.m. eastern with a special edition of the "situation room" as president trump announces his u.s. supreme court nomination. thanks very much for watching. "erin burnett outfront" starts "erin burnett outfront" starts right now. -- captions by vitac -- www.vitac.com "outfront" next trump predicting there may be no winner election night casting nought on the ballots and blaming democrats. is he pushing the u.s. closer to a constitutional crisis. breaking news, police facing off with protesters, officers firing flash bangs. we're going to go there live. the president losing his patience with his cdc director. he wants faster break throughs, rosi rosier predictions. at what cost? let's go "outfront." good friday evening. i'm erin burnett. "outfront" tonight, crying wolf? president trump's re-election

strategy is coming down to a baseless claim of fraud and deception. the president of the united states undermining confidence in mail-in voting. >> now, i don't know, you know, with this ballot situation, it's -- you're not going to -- you're not going to see it. november 3rd, the democrats are playing games. you see they found ballots in a waste paper basket. we may end up in a dispute for a long time because that's the way they want it. but we're going to end up winning. that's for sure. >> the president referring specifically to nine pennsylvania ballots that were thrown in the trash. i want to make it clear, we all know every single vote counts and everything must be investigate. but we now need to lay out the facts on this. these ballots were not part of widespread fraud and context is extremely important. nine ballots in a state where 2 million have already voted in this election and 6 million voted in 2016 is context. so, why is the president bringing up nine ballots?

why is his attorney general, the attorney general of the united states with everything else going on in this country -- right, look at louisville. no, he took the time to personally brief the president of the united states on nine ballots. why? because it fuels trump's narrati narrative of a rigged election. he and his allies will take any straw to try to undermine the system. >> i can confirm for you that trump ballots, ballots for the president, were found in pennsylvania. >> they're willing to do anything to cast doubt upon this election or try and get the outcome they want to see. >> so, hearing this, you think, you know, those nine ballots were fraud to hurt trump because that is what they want you to hear. here's what we know. first of all, officials from the county where the ballots were cast say the issue was caused by a quote temporary seasonal independent contractor. this person was on their third day of work helping the elections office. that contractor incorrectly threw the ballots in the trash.

they called it an error, investigated immediately, proving that the system of checks and balances is working to protect the election. the county makes it clear that they did not even know who those ballots were for, which would make the point that fraud doesn't add up because if you don't know who it's for, how is it fraud? it was bill barr's department of justice that took the unprecedented step of not only putting out a press release about nine ballots in pennsylvania that were caught immediately at the local level but also telling us who the balance t los were for. they put out the press release, but not only that, the department of justice had to correct the release saying only 7 of the nine ballots were for trump. so, it's not just bill barr helping trump cast doubt on the election. chief of staff mark meadows jumped from the fray repeating the white house line that trump will accept results from a free and fair election. the president has said if he does not win, it's rigged.

so, meadows went on to attack personally the president's own hand picked fbi director chris wray on this issue. >> your own fbi director says he has seen no evidence of widespread voter fraud by mail or otherwise. >> with due respect to director wrai, he has a hard time finding emails in his own fbi, let alone figuring out if there's any kind of voter fraud. >> i love when somebody starts a sentence with "with all due respect." who doesn't just shut down then. it was very clear because what wray said under oath about voter fraud and mail-in ballots to congress yesterday. >> we have not seen, historically, any kind of coordinated national voter fraud effort in a major election, whether it's by mail or by otherwise.

>> so, that just -- you know, that's the facts. but it is not in line with what president trump has said again and again and again. >> we want to make sure the election is honest, and i'm not sure that it can be. i don't know that it can be with this whole situation, unsolicited ballots. they're unsolicited. millions being sent to everybody. it'll end up being a rigged election. this is just a way to steal the election and everybody knows that. the only way we're going to lose this election is if the election is rigged. remember that. >> that last one is just terrifying. it's unacceptable. trump is dead set, it seems, on making sure that everyone believes the election is rigged. and if that means taking down the man that he picked to lead the fbi, one of this nation's most vital institutions, so be it. doesn't matter to him. this tweet today from one of trump's most ardent supporters, while all this new information

is coming out chris wray has been silent. i've said it before and i'll say it again, it's time for him to resign. to resign? for chris wray to resign for telling us the facts on fraud and voting in this election. it's not like chris wray son his own here making it up. it's not like he's saying something we have not heard from formal officials who have been in positions like his and seen this before and before who also know the facts. >> it would be impossible at scale to alter mail-in ballots. you would have to have millions of people grabbing ballots out of mailboxes and changes them. >> there's no anecdotal or historical evidence that suggests that the kind of potential massive fraud or massive abuse has occurred or will occur in the future. >> and by the way, both worked for republican president george w. bush, another powerful republican, a man who spent his entire career trying to give his

party the advantage in elections has also spoken out on this. here's what he told me. >> i've been part of republican election day operations for the last four decades looking for that very fraud. so far there has been a few smatterings of fraud, but no widespread fraud. >> trump does not want to hear that, so he's going to torch anybody who contradicts him. kaitlan collins is live "outfront" outside the white house. when you look at what happened here with bill barr, this announcement, the press release putting out who the ballots were for which was unprecedented and hasn't been done at the state level, they didn't know, president goes out with the talking points. looks like he's trying to help the president clearly make his case on voter fraud. >> reporter: yaerks even if that wasn't bill barr's intention, that's the way the president and his staff and campaign are using it. we've seen the campaign immediately say it's proof that

democrats are trying to steal the election. you saw the staff undermine the fbi director and the president not commit to a peaceful transmission of power should he lose to joe biden. and suggesting there's more to come even though there's no evidence of that. and it's just these nine discarded military ballots, which of course we know are counted differently because of the way they're sent in than a regular mail-in ballot. but you've got to keep in mind, these are nine ballots and every vote does count. but 6 million people voted in pennsylvania in 2016. so, that's important to note as well. but that's not something that's being mentioned by the white house or the trump campaign or what you said earlier at the beginning of the show, which is that justice department officials don't believe this is intentional fraud. they believe it was improperly trained staff or poor process that led to the nine ballots being discarded. that's not something the president or anyone else inside the white house is mentioning because they know this fits the

narrative the president is trying to sell for months, which is there's widespread voter fraud potentially come november, even though his own fbi official who the president picked to put in that job said there is no evidence of any kind of coordination on that level. despite that, they are still undermining chris wray, someone the president has been increasingly unhappy with. even though his testimony on capitol hill, they're happy to say they don't believe he's right and he should go to north carolina to figure out what's going on. >> thank you. i want to go to a life long president who's endorsed joe biden for president, former secretary of the navy in the george w. bush administration, sean o'keefe. i really appreciate your time, secretary. so, you are a life long republican. you have always backed republican candidates. and now you are doing something different, backing democrat joe biden. what is it about trump that made you make this decision? >> well, thanks for the

opportunity. it's great to be with you. and i believe very firmly in the two-party system that provides alternative views on how to get to the same direction or the same outcome, i should say, of a continuation of this two-century-long-plus democratic experiment we've been in pursuit of. and it's worked. it's worked very successfully. problem is it starts to break down when there isn't a two-party system. and what is evidence t to me an what is disconcerting is that republican values and principles and so forth that i ever associated with the republican view of things isn't really too evident at this stage in the game. there's little in this administration that resembles that. and worse yet, the platform just a month ago basically says there

is no platform. there is no position. you might as well just endorse whatever it is that the decisions from the white house, commander in chief and the president of the united states constitute. that's it. that isn't the same spirited vibrancy that it takes in order to yield collective responsibility. for all those reasons and the fact that, again, i think there's a real difference of how we define what the objective is, it's all about winning at any cost on policy, on issues, on debates, whatever it is, and less about how do you find some way to move the agenda forward -- >> yeah. >> -- to sustain this remarkable democracy. that's not what's happening, and that's not what this administration embraces. in that case i find joe biden to be far more focused on exactly

that objective. >> so, you know, what do you make of the attacks on fbi director christopher wray? he's just come out and spoken the truth, right? it's the facts. it's backed up by anyone who they've been able to find who knows anything about this, including republican who is have made it their career to challenge every vote in every state. what do you make on the attacks of the fbi director? >> this is very worrisome. if you can't rely on the principle federal investigator for law enforcement in the united states to call the investigation as they see it and based on what the investigation tells them, you now start to have citizens who doubt the int i di integrity and doubt the rule of law. that's a cornerstone of whothat.

between that and challenges the intelligence community and every other source about investigative and knowledge as truth is gathered is a really disconcerting situation. it's been going on -- this is the next series of these cases over the past four years. >> so, you know, the president said he won't commit to a peaceful transition of power. he'll support a free and fair election. he says this one will not be that if he loses. how should military leaders respond if the president refuses to concede and tries to involve them in this to support him? >> well, first and foremost, if the president's technique and focus on things is change the subject as quickly as you can. and this is a very effective way to really motivate it by watch this particular objective and set aside the pandemic and any

other issue that we're really responding to as a nation. and instead concentrating on the inference of what he's saying. we said was i'm not going to concede an election until such time as everybody votes. and then he went on to say, and oh, by the way, we'll determine whether that vote is valid or not. and that's far different, you know, i think in many ways than what we could ever establish. and not assuring a transition, i think the republican leadership -- this was one case where the republican leadership and the congress did step up and say, no, we're not going to hear anything other than the direction we've taken for the past 200 years. >> secretary o'keefe, i appreciate your time, and i thank you very much for coming on the show. on the back of the secretary's comments, i want to go to david gergen. david, can you imagine any other president that you have known --

and you've been in nixon administration, just to remind people -- refusing to commit to a peaceful transferal of pow e attacking the fbi director for coming out stating the facts on the most sacred obligation and gift we have in this country, which is our right to choose our leaders? >> well, erin, as you said earlier in the show, for a president of the united states to refuse a pledge for peaceful transfer of power is terrifying. that's what you call it. it's absolutely right. this is unprecedented. no president in over 200 years has tried to block a peaceful transfer of power. it is unprincipled. it violates the constitution not only in its spirits or the words the constitution on january 20th of next year, a new president will be sworn in. it could be trump, whoever wins the election -- whoever loses the election on november 3rd is out if he's in office.

this is also an american -- i went back and looked at ronald reagan's inaugural address in 1981. first paragraph of the address is he praises the peaceful transfer of power. >> yeah. >> reagan says, you know, we may think of this as ordinary, but most nations of the world look upon it as awe miracle. and he praised jimmy carter for a peaceful transferal of power. that's what we've always been. donald trump is way outside the main stream. >> joe biden seems to think what trump is saying is a distraction, telling people don't focus on it. he doesn't mean it. here's what he said when asked what would happen when people take to the streets. >> this is not who we are. no one's going to back you if that were to occur. i think the whole notion of him talking about this, stephanie s to take our eye off the ball.

>> the thing is though, david, is his supporters, trump supporters do listen to him. they back him. we talked to a couple of them yesterday. boris, here, listen to this. >> what are the chances do you think this election might be rigged. >> with the mail-in ballots we don't like, there's been a lot of cheating that's been exposed. the president brought this to our attention. this stuff was going on that nobody knew about and it happens and happens and happens. >> if it shows up that joe biden won, in your opinion, would that be the only way that trump could lose, that it would be a rigged election? is there any way joe biden could win? >> absolutely, i agree with that. there's no way in heck our president is going to lose. there would be a rigged election. there's some type of cheating went on, what have you. i frmly believe that. >> so, that trump voter, trump supporter, that's what he

thinks. direct questions from boris sanchez. so, is joe biden making a mistake by not taking this seriously? >> i think he'll take it seriously tuesday night in the first upcoming election. chris wallace as the moderator, it's certainly going to press trump to talk a pledge and stop beating around the bush and being cute about one way or the other where are we. and i think biden has no choice but to go in hot and heavy. and i imagine he will. i think this debate is crucial to settle this issue. there are a lot of reports and rumors about militias preparing for violence. there are people already in backstages of things who think that violence is going to break out on election night and they're going to be in the thick of it. >> all right. thank you very much david gergen. "outfront" next, the breaking news, there's a tense situation tonight unfolding in louisville. police facing off against

protesters, flash bangs fired just a short time ago. we're going to go to the ground, our reporter is there. plus we are learning president trump intends to nominate judge amy coney barrett to the supreme court. what will kamala harris' strategy be? has the u.s. hit 7 million coronavirus cases, the president is said to be losing patience with the head of his cdc. >> this face mask is more guaranteed to protect me against covid than when i take the covid vaccine. >> i said to him, what's with the mask? a veteran who honorabd and it's made for her she's serving now we made it for all branches and all ranks whether they served one tour or made a career of it. we also made usaa for military spouses and their kids usaa is easy to work with and can save you money on auto, home and renters insurance. become a member today.

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breaking news. these are live pictures out of kentucky. there's been a stand off taking place between protesters and police in louisville, police firing flash bangs during the third straight night of protests amid outrage no officers were charged in the deadly shooting of breonna taylor. a large group of protesters there. shimon prokupecz is there. shimon, you can tell us about these flash bangs. tell us what's happening. >> reporter: yeah, so the protesters were marching along main street. as they approach this intersection here, police lined up preventing protesters from going any further. there was that confrontation. some of the protesters were looking to turn around, to turn

away. then officers came from this direction. that is when the officers from no -- i couldn't tell as to why they started firing those flash bangs. you could hear several of them going off. they were firing them in the air. most of the protesters then ran in the other direction. eventually everyone left. police made a few arrests. again, it's important to note here that the protesters were marching peacefully here, here along the street. many of the residents here were standing on their balconies supporting them. for now they have all dispersed and the police have left as well. erin. >> all right, the beginning of friday night in louisville. i want to go to jason carol who's also there. jason, you were there when the protests started and when breonna taylor's family joined. what did you see? >> reporter: well, exactly, the protests started at jefferson square park with breonna taylor's family and attorneys. they wanted to mauk it clear it

would be a non-violent protest so it doesn't interfere with their message. that's what it was as we marched miles through the streets in louisville to the point where the protesters came along, a line of officers, who again, from our vantage point, we could not understand why, but all of a sudden the flash bangs started going off. some of the crowd started to disperse. then you have this pastor who started the march in the beginning. you were there as everything happened. you were telling people not to panic and not to give the police what they wanted. tell me exactly what happened from your point of view. >> we were non-violent. we were peaceful. we were exercising our constitutional right. we were drawing attention to the injustice of breonna taylor. we were marching down the street and all of a sudden flash bangs. in the crowd, you have children, you have elderly, you have all kinds of people and they shoot flash bangs. and it just -- it shows just how corrupt -- and they box us in. so, we didn't have anywhere to go.

so, it just shows how corrupt lmpd is. and this is at the feet of the mayor. >> erin just so you know, timothy finley organized another large march during the kentucky derby. what is your goal -- >> to draw attention to the fact that daniel cameron, mayor fisher are responsible for no justice in breonna taylor's case. they -- they -- it's ridiculous. >> thank you very much. the goal at this point is to get them back to the park. as you know, the curfew happens at 9:00. he says he wants to get as many of these protesters to a safe place so there are no arrests when curfew kicks in. >> i want to go to charles ramsey, the philadelphia police commissioner and former d.c. police chief. i know you've been foming this every step of the way. when you hear flash bangs being fired as we've heard, what would prompt police to do that? >> well, just listening to your two reporters that are actually

there observing everything that's going on, including the march, it doesn't appear that it was necessary for flash bangs or any other kind of action like that on the part of the police to take place. i have no idea what might have provoked it. the one thing that you don't want to do is agitate a crowd. you have to respond, obviously, if the crowd is becoming unruly and you're starting to get property damage and that sort of thing. then you do have to move in. but my understanding, based on your -- from your two reporters, that was not the case. so, i have no idea why a flash bang or any other kind of munition would have been discharged in a case like this. and if what i'm hearing is true that they were boxed in, which i -- you know, that's something that you don't do. you always give people an avenue to be able to move. >> so, let me just ask you, chief, we've got a curfew here in two hours. this is the third night in a row of prozetests.

it's a friday night. you heard what shimon and jason are seeing on the ground. how fragile is this situation right now? how much concern do you have about it? obviously you've got both sides -- i don't like to refer to it as both sides. but everybody is on edge. >> it's incredibly fragile. the role of the police is to allow people to demonstrate, to der exercise their first amendment right. at the same time you want to make sure there's no property damage or anything like that take place. b but, you know, it's very fragile. remember the police are the focus of the protest. a lot of times there's some third party that they're upset, the government or whatever. now the focus is the police, so you have to be particularly careful with how you handle because it won't take much. not only in louisville but in other cities that need to be

paying attention to this. it is very fragile. you want to get through tonight. hopefully as time goes on things start to simmer down a little bit. but right now it's pretty dog gone tense and it wouldn't take much of a spark to really set it off in a very negative way. >> chief ramsey, thank you very much for your time tonight. >> thank you. next, president trump accusing new york's governor of wanting to put new york at the end of the vaccine list. governor cuomo is going to respond next. president trump intends to nominate amy coney barrett. oh yeah, we gotta take off.

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i'm working to protect immigrants, women, communities of color, and lgbtq people. and i'm making corporations like pg&e and insurance companies play by our rules. we need experienced leadership to wipe away trump's stain on america for good. tonight, president trump losing patience with the head of the cdc, the president's concerns are not over the more than 7 million coronavirus cases or the more than 203,000 americans who have died. instead sources say trump is frustrated his health experts are contradicting him, his rosie prediction on the virus, the whole rounding the corner thing. fauci says it's not true. he wants break throughs, the president does. they're not delivering them.

one official telling morale at the cdc is low as they've ever seen it. dr. reiner director of the cardiac cath lab at gw and george w. bush. dr. reiner, let me just start with you. how long can redfield stay in his position with the public rebukes that we've seen. i mean, you know, when it comes to masks, when it comes to everything? the president obviously wants someone to give him a yes, and redfield's not. >> right. i think dr. redfield is undoubtedly felt that despite the constant undermining of his position over the last several months by the president that his role there as a firewall of sorts was essential. but as we get closer to the election, you wonder if that's going to continue. look, we're not just re-electing a president. we're re-hiring our pandemic

response. and people like dr. redfield who have been marginalized and whose efforts have been countermanded in many ways can tell the public the truth. and it might be time for the director to resign and tell the public to truth because we need to decide on who is going to manage the pandemic going forward. >> so you think that redfield should resign and tell people the pressure he's been under and take a stand here. i mean, i want to be clear on what the president has done, right? he has publicly undercut the cdc director on crucial thing after crucial thing, two of which are vaccines and masks. here he is. >> if you're asking me when is it going to be generally available to the american public so we can begin to take advantage of vaccine to get back to our regular life, i think we're probably looking at

third -- late second quarter, third quarter 2021. >> no, i think he made a mistake when he said that. it's just incorrect information. and i called him, and he didn't tell me that. and i think he got the message maybe confused. >> i might even go so far as to say that this face mask is more guaranteed to protect me against covid than when i take a covid vaccine. >> when i called up robert today, i said to him, what's with the mask? he said, i think i answered that question incorrectly. i think maybe he misunderstood it. >> professor, how much damage does it do when the president so blatantly undermines his head of the cdc on these most crucial issues, vaccines and masks? >> well, and don't forget aerosols that he recently undermined as well, which is absolutely critical for our young children and all of us for that matter. i've also thought of asking my

good friend dr. redfield, isn't it time to resign like dr. reiner just said. but who will come in his stead? another dr. atlas, one that is advocating a policy which would result in millions of americans dying of covid and having no real benefit because this virus keeps coming on back. there is no such thing as herd immunity and herd immunity means 2 to 6 million americans dying. is that who will take his place? is that what we want? so, it's a very tough call for my very good friend, and i do not envy his position. >> i appreciate both of you taking the time. i am sure it is something he's struggling with. >> it's a very tough decision. >> and it would rock -- it would rock the country. it would rock the world if it was a statement he would make. and i see your point as to why you think perhaps he should. thank you very much. i want go to more breaking

news on the vaccine front president trump is threatening to put new york last in line for a vaccine, tweeting, governor andrew cuomo of new york wants to put new york at the end, caps, of the vaccine list, in that he doesn't trust the fda or federal government even though the vaccines are being developed by the finest labs in the world. wish he trusted us on nursing homes. here's the governor of new york. >> frankly i'm not going to trust the federal government's opinion. and i wouldn't recommend to new yorkers based on the federal government's opinion. >> and the new york governor, andrew cuomo joins me now on the phone. so, governor, the president says that, well, that you want to put new york last in the end of the vaccine list because you don't trust the fda. what do you say to the president? >> what a shock, erin burne, th president of the united states threatening someone, threatening

a state, threatening to withhold a vaccine? i'm shocked. look, this is president trump. and what he does is he threatens and he bullies. he is the one, yesterday, who said that the fda was making a political move when dr. han said that he wanted to have outside observers test the vaccine. 52% of the american people say they wouldn't take the vaccine, that they just -- they don't trust the federal government when it comes to this. so, i said new york will review the vaccine and the efficacy itself. i'm not going to say to the people of this state, my state, that they should trust the president on covid. i'm not going to say they should trust the fda or any of these federal agencies, which we know have been politicized by this president almost on a daily

basis. today with the cdc wrr, where h called up -- as he says, he called up dr. redfield to tell him that he didn't like what he was saying thachlt can't do public health because trump wants them to be his political operatives. >> so, i just want to make it clear because it's a huge thing to say and i know many americans share this concern, the concern about the vaccine. you pointed out the numbers. but irsaying you don't trust an fda review, that you think it's so politicized you can't trust the fda when they say there's a covid vaccine, governor? >> the fda said they want to bring in outside observers as part of the process to provide comfort to the american people. trump said he didn't think that was necessary, as if he's an expert on science and public health, and that he might overrule the fda. so, the american people don't

trust the process. i don't trust the process. this is a president who you know calls health officials and tells them what he wants done politically. so, i think it would actually serve the public if they knew there was a bona fide review because you don't want to come out with a vaccine that people are afraid to take. >> 100%. the companies have come out in the unprecedented way and said that they are not going to put anything out that isn't safe. i understand the points you're making, governor. but are you worried you are actually adding to people's unwillingness to take a vaccine and to vaccine fears by saying what you're saying? you just said, quote, i don't trust the process. >> look, the president said it first. he said the fda is making a political move. if the president calls his own fda political, erin, how could you trust the fda when they say the vaccine is good when the

president just said they're political? he appointed them. they work for him. he said they're political. right? that's the president. >> so, then what are you going to do? you have a process to review an approval? >> look, new york, we have some of the best research universities and hospitals on the globe, and we will have them review whatever the fda says and the efficacies and the protocols and the tests that they took. i think that will actually enhance the credibility of the process. you know, it's one thing the drug companies say we won't put out anything that's safe. these are private sector companies. yes, they want to provide a vaccine and they want to do good on public health. but they're private sector companies. they want to get their vaccine out the door. that's why the fda is supposed to be checking it, right, not expediting it. >> thank you very much governor cuomo. next sources telling cnn,

trump intends to pick amy connie barrett. trump won by less than one per seine tanl point. could be rejected there, one of the state's top election officials is "outfront." after all these years it's the ones that got away that haunt me the most. [ squawks ] 'cause you're not like everybody else. that's why liberty mutual customizes your car insurance, so you only pay for what you need. what? oh, i said... uh, this is my floor. nooo! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ women with metastatic webreast cancer,.... ...standing in the struggle. hustling through the hurt. asking for science, not sorrys. our time... ...for more time...

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the unfair money bail system. he, accused of rape. while he, accused of stealing $5. the stanford rapist could afford bail; got out the same day. the senior citizen could not; forced to wait in jail nearly a year. voting yes on prop 25 ends this failed system, replacing it with one based on public safety. because the size of your wallet shouldn't determine whether or not you're in jail. vote yes on prop 25 to end money bail.

tonight president trump intends to nominate judge amy coney barrett to be the new supreme court justice. these sources caution the president could change his mind, but the expectation is that he will announce her nomination at 5:00 p.m. eastern tomorrow. barrett is currently a federal appeals court judge, former clerk for antonin scalia and a favorite among social conservatives. "outfront" now, chief of staff to vice presidential nominee senator kamala harris. i'm glad to see you. so, the biden campaign today announces senator harris is going to be traveling to north carolina on monday where there will be a nominee, we anticipate judge amy coney barrett, to the

supreme court. and senator harris is going to be talking about what's at stake with the nomination. what's her message going to be? >> her message is going to be what it's been for the past few weeks. she's travelled to michigan, pennsylvania, florida. she's excited to be going to north carolina where she's going to make that contrast, that contrast between the leadership of donald trump and the leadership of what a biden/harris administration will look like. look, one of the things that we have to remember and not forget is that right now this president and his administration is in the court trying to take away health care, trying to tear down aca, and that means 20 million americans will not have health care if he succeeds. and that's what she's going to talk about. and all of this is happening, right, he's trying to do this in the middle of a pandemic where more than 200,000 people in this country alone have died. >> so, she's going to talk about the affordable care act, which

of course will be in front of the supreme court. of course, the reason i'm asking this, kareen, is senator harris may be the most watched democrat on the judiciary committee when the confirmation hearings begin. she's a sitting senator. she's going to be in the room. part of what catapulted her to national notice was her hearings when she's been drilling witnesses, like brett kavanaugh, the last supreme court nominee she questioned. she had the most memorable moments like this. >> can you think of any laws that give government power decisions to make about the male body? >> i'm happy to answer a more specific question. >> it was a key moment, that dead pause. are we going osee that sort of questioning from senator harris this time? >> yeah, one of those moments

i'm sure many reasons joe biden selected her to be on the ticket. look, kamala harris is going to fight for the people. she's going to fight for justice. she understands what's at stake with the supreme court justice pick. and so she's going to continue to do that. and here's the thing i have to say, erin. we are less than 40 days until this election. the people should be deciding who the next president is going to be, and they should elect that president. and that president should decide who the nominee is going to be. and that is where we should be we should be allowing the peo e people's voices to be heard before we move forward with this and i want to say to evening listening, to folks really upset about this and do not like the way this process is going, call your senator and then go out and vote. that is how we get to the next phase of this. >> in terms of handling this, right, judge amy coney barrett has had an incredible career.

she is a known judge. at least three judiciary democrats, senators have said they will not meet with her. they won't even meet with the president's nominee. doug jones announcing today the senator, he will vote against whomever the president picks, no matter who it is. will senator harris take that sort of stand? will she meet with amy coney barrett, if she's the nominee? >> we'll see who donald trump nominates tomorrow. i have to tell you, erin, it's not about the name. what voters care about is health care, equal right for equal pay. they care about lgbtq rights, clean air, clean water. that is what matters. we were talking about covid-19 and the pandemic and what donald trump is trying to do right now. one of the things we're learning about is the complications of covid-19 and it potentially becoming a preexisting condition. that is what people care about. they care about if this person is selected, are they still going to have protections for

preexisting conditions? that is what voters care about. >> thank you so much for your time tonight. >> thank you, erin. next, fears mounting in pennsylvania where up to 100,000 votes could be rejected, which is double the marchgin of victo. a top election official is sounding the alarm tonight. i'm happy to give you the tour, i love doing it. hey jay. jay? he helped me set up my watch lists. karl! he took care of my 401k rollover. wow, you call a lot. yeah, well it's my money we're talking about here. help from a team that will exceed your expectations. ♪ eh, not enough fiber... chocolate would be good... snacking should be sweet and simple. the delicious taste of glucerna gives you the sweetness you crave while helping you manage your blood sugar.

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new tonight key swing states with a huge surge for mail in ballots including michigan and pennsylvania. pennsylvania seen 2.2 million ballot requests as of thursday, eight times more than the numbers of votes cast before the 2016 election in that way. pennsylvania is a state president trump won by 44,000 votes, which is less than a percentage point and that is why this is a big deal. top election officials are warning up to 100,000 ballots in that state are at risk of being thrown out, that's more than double the margin of victory last time around. why might these ballots be thrown out? the state supreme court in pennsylvania ruled voters' 3w583w58

ballots like the one in the left must be placed in the middle envelope, the secret envoel hel and then mailing. if you don't have the secrecy envelope, your vote won't count. lisa, you've been sounding the alarm and screaming as loud as you can this could be the biggest issue with the election in your state and that could be the biggest issue for the country overall. why? >> yeah, really. we are sounding the alarm. we appreciate you taking the time to let us sound it on your show. we know that pennsylvania, this is the first time we are able to vote by mail with no excuse. we've seen just in philadelphia county already 290,000 requests for mail in ballots. when you think about that number, and the numbers, you know is likely to increase, it's only the end of september. people are voting for the first time by mail. people have a tendency so not

read instructions. you get your ballot vote on it. you put it in an envelope and put that envelope in another envelo envelope. it's not a normal way to mail letters. we're one of 16 states that require a secrecy envelope or sleeve. the whole thing really has me worked up because we want to make sure we're disenfranchising voters under the cover of law. >> if everything else about the ballot is clean except for the envelope, i understand. i also pointed out the margin that you had that you see happening is double the margin of victory last time around. this is not a small thing. so i know you're going to be doing -- i was talking to your lieutenant governor, this massive campaign to try to get people to be able to do this right. do you think it even going to work and i guess, lisa, i'm also wondering, do you think you know everything? are you sure this is going to be

the biggest issue or are you worried there is something you're not aware of yet that's a problem? >> you know, time will tell. it is a new process. it's all new requests. there is more people voting. it's the busiest election in the cycle. there is much more attention paid to it. we don't know what to expect. when we see things we know are coming down the pike, we have to take responsibility. >> one quick question, i'm short on time but i want to ask you about those nine ballots and now it. >> translator: -- turns out seven were for trump. do you know more about that? do you think we'll see more incidents like that? >> no, i'm sorry, i don't know anything more about that. >> all right. and you did keep it very short. lisa, thank you very much. appreciate your time tonight. i hope that you're sounding the alarm means this does not become a big issue on those ballots. thank you again. >> thank you. >> thanks very much to all of

you for joining us on this friday night. have a good weekend. we'll see you monday. "ac 360" with anderson begins right now. good evening. president trump today continued his assault on mail in voting making a case for which he has no evidence. let's be clear. the burden of proof is on him and his allies and as you'll see, none exist. this lie that the president is pushing, it matters because he's now setting the stage to contest an election based on a claim with no evidence. two days ago, the president was asked a very simple question, would he commit to a peaceful transfer of power if he loses the election? any president can answer that question because any president should be versed in american history and democracy. he would not commit to that however. he said quote, well, we're going to see what happens and doubled down on that the next day. so now we're seeing administration's top spokesperson