watching the best hour of your day. i'm wearing tomato. follow me @kennedy nation. e-mail, kennedy fbn@foxbusiness.com. and tomorrow night on the show, it's a big one dr. drew pinsky, mark water. it's about to get good and loud. good might. us. lou: good evening, our top stories california raging wildfires, wildfire in northern part of the state is now deadliest in california history. 42 people confirmed dead, over 200 are missing. thousands of firefighters working around the clock battling the blazes that are still only 30% contained, president trump offered his condolences as well as whatever federal aid is necessary for victims of the wildfires. >> we mourn the lives of voice lost, we pray for the victims.

and there are more victims than anyone would think possible. i want to thank the firefighters and fema and first responders for their en credible courage. lou: in florida, recounts underway in races for senate and governor, republican candidate rick scott and ron desantis have most votes as of now. radical dims in broward and palm beach counties are trying to create what seems confusion over vote tallies, we take unlatest with congressman andy big, charlie hurt, and eric eggers. will join us. and we'll discuss just how much fraud is at work in those two infamous counties. also left wing legal lunacy, maryland attorney general attacking president trump's acting attorney general matthew whitaker, while cnn is filed a lawsuit again the white house.

in so doing misstates facts of jim acosta incident, and misreading law while ignoring acosta's outrageous behavior and conduct at a president at press conference, we take it up with greg jared, gina lou laden. death toll rising in california as wildfires continue to char thousands of acres of land, building homes, building and leaves nothing but rubble and ashes in some places. search crews look for more than 200 missing people, blame for fire pinned on major utility. our correspondent with report from paradise, california. reporter: we need time and patience, and persevere an paradise will rebuild, a promise from the mayor. >> i have seen these on tv

before, and it will be one neighborhood. but in our town it is the whole town, 90% of the residentses, there is nothing. >> this is heartbreaking to drive through paradise and see the level of destruction. reporter: 6500 homes, including that the mayor and fire chief. >> my family lost their home, my parent, my grandmother. reporter: coroner teams are expanding search and recovery effort adding 150 more people and setting up military type-morgue tents, many victims were burned beyond recognition, and dna samples will be needed to identify remains, families and friends those misses are not giving up hope, they continue to search on-line, and at evacuation centers. >> my husband aunt lives in magalia, we can't find any information about her.

reporter: those who made it out alive living at fairground and retail store parking lots are thankful they have escaped with their lives. >> it is rough, on emotional level having good stir its, we'll rebuild one day. but it has been tough. reporter: spot fires continue to pop up in southern california. where woolsey fire has scorched over 90,000 acre, destroying some 400 homes and businesses, malibu residence paul was one of lucky ones. >> i am fortunate, my neighbor saved my house, they were up all night long, hearing propane tanks and houses going up, a horrific scene. reporter: interior secretary ryan zinke will visit communities affected by wildfire, he will be here in butte county tomorrow and southern california thursday. investigation continues to the cause of the wildfires, and whether utility companies played any role. lou. lou: claudia thank you.

a remarkable two week in u.s. crude oil market has been 12 straight days, of decline for crude oil prices, price of west texas intermediate plummeted over 7%. and declining 17% over past 12 sessions, crude oil now lowest level in a year. >> gas prices have increased 12 cents a gallon from this time last year from 2.56 to 2 po 2.6. >> croa vote counts are moving d in florida and georgia, where major midterm races are still undecided. in florida heavily democratic counties palm beach and broward, the dimms keep finding ways to ad votes, a strange phenomenon, in palm beach county, florida circuit judge, a democrat will reportedly rule recounts

deadline be extended to november 20 that is 5 days later than official deadline. thursday was the original deadline. and broward county, superare visor of elect brenda snipes said she is confident her county will meet the thursdays deadline. in georgia two obama acoined federal court judges ruled if favor of stacey abrams she tries to ensure republican brian kemp falls below 50% threshold that would force a run off, kemp holds a 50.3% level of vote. >> tomorrow judge, barred georgia secretary of state office from certifying results on wednesday's original deadline, ruling certification could not come before friday, and federal judge lee martin may rule that georgia populous and heavily democratic county

violated civil right act by rejecting absentee ballots that either had an incorrect birth year or none at all. >> and joining me now to take up the florida recount and whether county officials there will be able to do their jobs. eric eggers, research director the government accountability institute, and also author of terrific book "fraud, how the left plans to steal the next elect," eric, good to you have. whether is going on in broad and palm beach county, folks on air scratching their head. as they describe it. >> we discussed it in august, it is as we feared. dr. brenda snipes has a terrible

track record in broward county of making sure that law is upheld, and only legal votes are counted, already, we center seen an admission in this elect cycle we know that illegal votes will count as part of governor race, and senate race, because she blended the illegal votes with legal votes, that is par for the course of her, a track record of allowing illegal votes. to count. she destroyed val o -- ballots, and you are right, this is back it future for dr. snipes. lou: senator rubio, is as there is a straight forward strategy at work. both broward and palm beach counties, an effort on part of those elect super visors to delay vote count with assistant of judges, democratic judges,er who democratically appointed judges to help them do so in

order to count votes particularly absentee ballots that are posted after 7:00 p.m. electtion day. >> absentee ballots are most problematic type of voting. in palm beach county, a talk about in book, you have dozens of documented instances of voter fraud, that was turned to state attorney, there was no -- there were no charges filed, i think that larger point is, if these counties in palm beach and broward, heavily democratic, if they are this bad at following the law and counting votes, how good do you think they were at preventing illegal votes from being cast and making a difference? lou: ar another question, what n the republicans do about it? attorney general pam bundy is

watch -- launched an investigation, this seems very much a case of too little too late. what can actually be done to make the vote to restore integrity of the electoral process in florida. >> well, that is a great question. at-this-point, it might be too late to restore confidence in the int integrity of election in florida. lou: i should be careful, saying broward and palm beach counties, they are the center, the focus what looks to be a very fraudulent effort in part of some to disenfranchize legal votes. >> well, that is key point, because i think most people would agree anything that devalues true weight of an honest vote should be counted at votvoter fraud. 108 attempts to taft two ballots

in miami-dade, they want not count, and lawyers for andrew gillum and bill nelson that objected to exclusion of illegal immigrant casting ballots. the va canvases board found, we need as many eyes on this. that is a good thing that has come from this recount debacle. lou: as result of a judge's order to make sure original position of the supervisor of elections no one would be able to watch the tally, one of the most remarkable things of many in this count and recount in broward and palm beach counties. great to see you, eric thank you. >> eric eggers, author of "fraud" we recommend it to you. >> up next, president trump said bill nelson needs to concede in florida, but dems and national left wing media, they think

otherwise. >> president trump and governor scott seem dead set against counting every vote. >> fear is being ratcheted up by president, echoed by rick scott. >> president of united states and another high ranking national officials saying, foundation of this whole thing in america, voting process, itself is corrupt. >> that is bigger and i think much more destructive way to approach your criticism. >> in georgia and florida. in across the country, where our right to vote is being family undermined. lou: wow. we'll have that and more right after break. fox legal analyst gregg jarrett fox legal analyst gregg jarrett is joining me, stay with if you're waiting patiently for a liver transplant, it could cost you your life. it's time to get out of line with upmc.

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congratulations. thank you. how many kids? my two. his three. along with two dogs and jake, our new parrot. that is quite the family. quite a lot of colleges to pay for though. a lot of colleges. you get any financial advice? yeah, but i'm pretty sure it's the same plan they sold me before. well your situation's totally changed now. right, right. how 'bout a plan that works for 5 kids, 2 dogs and jake over here? that would be great. that would be great. that okay with you, jake? get a portfolio that works for you now and as your needs change from td ameritrade investment management. lou: radical dim senator gilibrand said she has been called from above to fight back against president trump. >> i travel state and country, i saw the response and effect of hate that donald trump has put into this country over last two years, it called me personal to fight as hard as i can to restore that moral compass. lou: wow.

she may be having something of a religious experiencing, perhaps a masai -- he says that president trump's appointment of whitaker, is illegal. let's find out, is it or not? my next guest, well he is here to set gilibrand straight on the law, gregg jarrett, fox legal analyst, great to see you. >> great to see. >> gillibrand, also holding forth on the law, i would rather for -- it from you. all wags have a view, is that appointment legal or not. >> absolutely legal and valid. congress authorized the president when it passed in 1998 federal vacanty reform act.

says that he can name someone temporarily to head a department if that person that been there at least 90 days. through previous 365. whitaker qualify, u.s. supreme court said in u.s. versus eaten, that does not violate the advise and consent reversion of constitution it is a temporary position. lou: open and shut, no room for legal rattling? >> now you have state of maryland. who thinks that they should have -- >> i don't get that one. they are running the federal government? >> they want it to be rod rosenstein, they filed a lawsuit in front of a liberal maryland judge. this is forum shocking, an obama appointing judge, why maryland, because rod rosenstein is from maryland. he was u.s. attorney there. they ignore that rod rosenstein has most egregious conflict of

interest of all. lou: why doesn't someone slap them down legally, why does it get off the ground? they have no standing. this is just ignorance, on part of maryland attorney general. >> one thing about american system of justice, is anyone can file a lawsuit, there should be consequences. lou: that is the attorney general that is not just anyone. there demerits -- >> there should be a law, there are consequences if you file a frivolous lawsuit. lou: let's talk about serious lawsuit, cnn suing white house over jim acosta. the language of this thing is is amazing, they misstate the facts of the case, and ignore acosta's egregious conduct in a presidential press conference. and you know, just goes on. they have no concept -- >> i read that lawsuit, factualy

it is a pack of lies, that is jeff zucker, don't let facts get in way of a good story, his mantra. everyone in cnn is embracing it they claim his constitutional right of free speech is abridged, it not, being at white house is a privilege not a constitutional right, if you are a reporter you follow certain rules, he did not follow those rules, therefore his credentials were revoked. it is simple as that. lou: just another instance of fake news but fake law? >> it is a little bit of both. it not a surprise it comes from jeff zucker, cnn. lou: thank you so much gregg jarrett. >> my pleasure. lou: hop pope francis warned yesterday. he must have assumed they knew

little about. pontiff urging act dem to do all they can to assist in irk minceg crisis of climate change and nuclear menace. getting more media attention what pope ordered to be ignore, telling u.s. catholic bishop to ignore church sexual abuse crisis. holy seed does not want bishop to address the issue until next year. vote in tonight's poll, do you believe every american should support border security to protect citizens from criminal illegal immigrants, terrorists, cartels and deadly drugs and violent? cast your vote on twitter. >> follow me on twitter, @loudobbs. >> and up next, president trump ripping, ripping french president macron. tweeting, the problem is emanuel

suffered from a low approval rating in france, 26%, and unemployment rate of almost 10%, he was just trying to get on to another subject, there is no country more nationalist than france. very proud people. and rightfull rightfully so. we'll take up that and more after the break. washington times charlie hurt will join me here next. (vo) 'twas the night before christmas

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lou: cnn suing trump administration to restore hard past for jim acosta alleging trump administration violated first and 5th amendment in revoking his hard pass. sarah sanders calls it more grandstanding from cnn. >> joining plea to discuss -- me now to discuss grandstanding and more, charlie hurt, washington time opinion editor, fox

business contributor. great to see you, start with that lawsuit, i saw a problem with facts. they talked about revoking his credentials, they did not, they revoked his hard pass. and talk about first amendment rights of a fellow who just sort of blathers on rather than getting to a question. >> you know, nobody more than jim acosta himself has turned that position of covering white house into a position to make statements and sort of you know pose for camera and ask these sort of absurd questions. basically try to make the evening news himself. my big question about whether or not this is some infringement on free speech, is suddenly white house less transparent now that jim acover the acosta is not re. the answer is no. it is just as transparent, and always been most tran person

white house we've seen in modern time, second question, is jim acosta being muzzled? prevented from you know, his exercise of free speech in public? absolutely not, he could go on cnn, say all he wants to, i have a hard time with this. lou: you think that cnn would give him his own show. because, they obviously like him a great deal. i am certainly does not need to be basks in president's limelight to just attract a large audience, he should show us what he can do on his son. own. >> i think this cnn viewers love him. lou: everyone loves jim acosta. >> it comes to one thing that is no, he wants to heckle president, and stan there and he is not looking to get information from the president, he is there to try to stir up -- my favorite time he stood up,

and declared that the president was somehow refusing to answer questions from women, ridiculous. but, he then, asked the president to ask one of his female colleagues to let them ask a question, then goes ahead, and hogs the interview, and ask one of his questions, why did he not sit down and hand microphone to his colleague? >> you would have thought he would have been gallant and done that. unselfish move, i was surprised he it not offer. turn to the elections and role of federal judges particularly obama-appointed judges and democratic judges in florida. it seems they are being somewhat helpful to the democratic cause, i think that may be appearance, but what is your perception? >> down in broward county there just no way of you know -- when

a county simply cannot at end of the night tell you how many people voted in the election. that is a simple question and answer. most basic question you should be able to answer, over course of next 12 to 48 hours they added 100 thousan,000 votes that materialized out of thin air. to me that raises serious, serious questions, i don't flame republicans for being skeptical this not first time, it has been going on for years. lou: which raises question, why weren't republicans watching the folks who demonstrated they bear watching. >> great point. lou: charlie hurt thank you. >> thank you. lou: up next, a new delay in florida election result, latest when we continue. stay with us.

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lou: as we've been telling you there are more delays in florida recount, palm beach county been given an extra 5 days to produce their results, despite that extension, republicans rick scott and ron desantis moving ahead with their open plans, our correspondent doug with latest. reporter: in sign of confident, rick scott is flying to

washington plans to attend senate republican leadership votes tomorrow, too soon to say well he and nelson cross paths but they continue with crosswords, nelson with chuck schumer repeating his mantra, every vote must count. >> sadly it is clear my component is not interested in making sure that every lawful vote is counted. he has thrown around words like, voter fraud. with no proof. reporter: schumer suggests that state mandated deadlines to be eliminated. >> more time that passes, better things look for democrats. reporter: same reasons that governor scott's team filed 6 lawsuits today, intended to the stem flood o of late contested vote, most from proud and palm beach county. >> we have a trust issue in this country, a trust issue in this

process. and we need to do something now before it is too late. reporter: pressure continues to build on broward and palm beach supervisor of election. president tweeting when will bill nelson concede in florida, characters runs voting will not be able to find enough votes too much spotlight on them now. >> a day after jeb bush called for snipes be removed, she hinted at removing herself while compliments herself for a job well done. >> time to move to let someone else provide a credible elect you shoulelectionproduct. >> miami harold has been deluged with absentee voter calls, creating of ballots not arriving, arriving late, returned elost in mail. >> while that lays out,

unofficial winner in governor race, ron desantis is setting up a transition was on the office in state capital, today, lawyers for nelson campaign filed a lawsuit in federal court. a supreme courts ma spokesman fr governor scott said that supreme court affirmed such deadlines. lou: thank you doug. purpose to note one florida race and recount received little attention. it race for state agriculture commissioner, republican matt caldwell looked like he defeated democrat nikki freed on election night, but after days of counting, freed took lead from caldwell and has lead of 5326 votes, some say that dems are trying to steal this election by the way difference in margin is

.07%. to steal the election, most of all because it turns ought agriculture commissioner in florida controls concealed weapon permits and there is a lot of interest in that fact. our next guest, on capitol hill, get his first look at what will be democratic majority in the house. come january, jim jordan, in key race for republican minority leader, tomorrow. joining me now, congressman andy bigs of arizona. member of house judiciary committee and house freedom caucus, welcome back to circumstances that change. let's start with what is going on in both florida and georgia, at least in florida, we have a recount for two important jobs. your reacted to there? >> well, from what i have seen

numbers can't be overcome without tampering, statistic lyric,rick scott new senator, an desantis new governor, they will do recount, i can tell you, someone experienced recount there is not enough momentum, they should be soon to be safely eensconced in their new positio. lou: tomorrow, jim jordan versus kevin mccarthy. was majority leader, and under speaker ryan. how is that going to turn out? what are your thoughts? >> i think will be fairly close. jim has done a great job, characterizing this as what i think it is, it is you can either keep on same course, and hope for a different result for change course, and most fundamental aspect we'll build a

wall, we want to do all we promised to to whether attack budget deficit, to repeal obamacare, straight up. these are things this are critical. lou: they are all things as you well know that speaker ryan, and his leadership team, lead by kevin mccarthy refused to do, that is fund the wall to stand up for this president and his agenda. and by the way, or raise money he should have that he didn't. and whether republican leadership committee or the house you know congressional republican campaign committee. whatever it is, i mean it was a mess going into midterms. and you know, i don't know how that revolves in slo vote tomor. >> you know that is what we'll see, i am behind jim, i think we thiede -- we need to make a change. lou: a lot of changes.

>> yes, we're in minority now, that is something i don't know many of us anticipated, i didn't. and if we'll fight back on this -- by the way, democrat view this as a war. we view it as a process, we have to stop that mentality, there will come in try to emass cue late what me have accomplishings. they will try to impeach the president, and impeach brett kavanaugh. lou: if you 9 not successful in process, i think jim jordan has been right, do what you told your constituents you would do, it has been straight forward, opposite of the sad -- era of speaker ryan. >> if you keep your promises, it is real easy, people know any they like those promises or not,

we promised a bunch of stuff we have not quite delivered, as you know. >> the ryan votes on obamacare. he should be embarrassed and ashamed. he is not, he is a globalist, he is auditioning for his next job, someone on, can stree ktreat wia very obedience employees, i don't know. jim jordan is necessary it seems to me to republican conference, it should be a no brai a no-bra. it concerns me of late. >> yes, you know, let's think about it. jim is clear on this like, my position has been, if we come in instead of repeal obamacare, on january 3, 2017, that is first day we got sworn in. and senate they were in disarray. i think we could have passed it out, that would have changed the

entire narrative of this these twos, that is what you have to change is narrative, we lost trust in many respects of people who voted for us. ale across the country for agenda we said we would do, so we video to get -- we have to get it back, best way to elect someone like jim jordan, firmly involved and beliefs in this. lou: you don't think that pathway back to republican majority in house is to take better way agenda and wave it in front of the republican voters of any state? >> better way to do what you promised. which is repeal of obamacare, build a wall, been the budget, pro life issues, these are what we promised, and we did okay on tax reform, but we have more to do, so much more. lou: congressman andy big gs. >> thank you, lou. >> on wall street, today, stock closed lower, dow down 101.

>> volume on big board picking up 4 billion shares, gold, gold down, 4 straight sessions and dollar at highest level in almost a year and a half. listen to my reports 3 times a day coast-to-coast on salem radio network. >> up next. report out there is a staff shake up coming in white house, we take up that and more with our panel after the quick messages. stay with us. we'll be right back. today... back pain can't win. now introducing aleve back and muscle pain. only aleve targets tough pain for up to 12 hours with just one pill. aleve back & muscle. all day strong. all day long.

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lou: some reports about white house, likely fake news, president trump's rising frustration with white house chief of staff, john kelly and homeland security secretary neil nielsen is rising still. in addition top deputy to national security advisor john bolton. mirra is in some jeopardy because of clashes with first lady me melania trump and her staff, i find that latter one amazing, stephanie grisham,

saying that mira no longer deserves honor of working in white house. that sounds like a signifconproblem if her understanding of power is limited she would take on president's wife, maybe sh she didn't belong in national security. certainly not trump white house. we'll see what happens, joining to us take up this, and possible high level changes, following midterms, niger and gina louden as well. author of terrific book, mad politics. we recommend to you. great to see you both. gina, how could someone involved in national security, not understand power to the degree they would work hard not to offense the first lady?

>> i can't imagine that you would want to ofeng offend the t lady, and the first lady seems someone with a high level of tolerance for people who are critical or are bombastic in a myriad of forms, and so i am a little bit surprised by this story, but i think that the left sort of of leaps on these stories of intrigue, this is a president who works people 20 hours a day, we know this, we should not be surprised after midterm they are going to be some changes. lou: some changes, in particular when the first lady chief of staff releases a statement saying someone does not deliver to be in white house, that is above usual reportadge of fake news. >> absolutely, i think ricard el is gone, i think it is foolish

on her part to from what i understand, squabble was over seating on the plane to africa when first lady went to africa, that is absurd. and it is notwide to ge wise toa fight with first lady of united states, kelly has been rumored to wants to leave, and trumpments him out, i'm not sure how drew tha true that is, kelln a stable force. if he decides to go, because of just timing, that is fine, but i think his tenure was solid with a great deal of stability and normalcy to white house. regardless of personality connections, that might have existed, it seemed to have worked well for this administration. nielsen, i think there is more to that rumor, a lot of folk perhaps you, lou, certainly an

coulter and others had doubt about nielsen being homeland security secretary and strong on immigration and building the wall. been expressed and reported that president has been frustrated with her lack of aggression in dealing with illegal immigration problem, those rumors may be true. and. it not unusual that there be turn over. lou: nothing, but all of the reporting today was worthy of note, gina. you know palm beach, and palm beach and broward counties they arable could -- ac acting like history. what do you think? >> i was at the palm beach county today, i will be at broward county tomorrow morning, my husband has been official watching of it, so i am quite -- i know more about this lou than

i ever wanted to know. there is a lot of fraud that takes place before the ballots hit. right, before they are actually ale in this massive warehouse that we're looking at. in this massive warehouse, you should know that republicans are cordoned off by super visor of election to a tiny second, not allowed to be in any other part with ballots sit, when they come back out, to be counted, or be evaluated, it makes you wonder where they have been. lou: who is a low -- who is putting up with a board of elections this that would do that? i am sure republican party has some high powered attorneys there. >> they do. lou: they control the governor ost office, why not move in take control of this, why would -- nieniger why would anyone put up

with that. >> i don't understand how the heck snipes got accounted but -- appointed. and after getting smacked down by several judges for mixing legitimate provisional ballots with illegitimate. lou: destroying ballots. >> how did this lady keep her position, how the heck is she in this position. >> let me answer that, governor rick scott who chose not to do anything. >> that is unfortunate. there wer tremendous hurricane. that hit several parts of florida, somehow they were able to get in all their bale ballot. lou: that is one of matt gaetz

great tweets, talking about counties with hurricanes and no problem hitting deadline. >> great to see you both. >> thank you too, thank you. lou: thank you. >> well up next, a trump appointed judge ordering white house to respond to that be on - lawsuit from cnn, what is going lawsuit from cnn, what is going on with

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lou: our poll question last night. we asked you if every american should be a nationalist, a patriot and believe in the american way. 96% of you said yes and i couldn't agree with you more. cnn filing a lawsuit against the trump administration. now the judge scheduling a hearing for tomorrow on whether to restore a hard pass top jim acosta. >> being at the white house is a privilege, not a constitutional right. if you are a reporter you have to follow certain rules. he didn't follow those rules, and therefore, his credentials were revoked. lou: the judge who made that ruling was appointed by president trump. a key vote takes place tomorrow

to vote on a leader. you can guess which fella we are pulling for. ron app mcdaniel is among our guests tomorrow as is matt gaetz. trish: chaos reigning in florida. less than 48 hours the final tally must be submitted, as we hear calls grow louder and louder for brenda snipes, the elections supervisor with an apparent history of destroying votes to resign. the migrants from the original caravan are just miles from san diego,