country that has provided the most prosperity, most freedom and most tolerance in the history of the world. >> dana: i knew you could do it and it wasn't even at 1.5 speed. ben shapiro, thank you. thank you for joining us, everyone. john roberts, i'm going to get over to you. i know you have karl rove coming up. >> john: we do, good old friend of yours. great interview with dr. jill biden today. fox news alert, we are waiting for an update from north carolina's governor, and a mobile home park in the state, we will monitor the governor's announcement and bring you the latest. the storm now barreling up the east coast, forecasters are warning a possible life-threatening flooding in some cities. a full report on all that in just a minute. john roberts in for bill hemmer this afternoon, top white house officials back on capitol hill today for talks on another coronavirus relief bill. president trump saying he is

considering taking executive action with congress in a stalemate. the white house blaming democrats for the delay. >> chief of staff mark meadows, secretary of treasury steve mnuchin have been on the hill many, many days now trying to get this deal worked out but it is democrats, nancy pelosi, chuck schumer making an absolute mockery of this process. rather than coming towards us into a clean extension of unemployment insurance, they are moving beyond what their initial request was. >> john: we are waiting from a possible update from both sides. in the meantime, kristin fisher live from the north lot of the white house, good afternoon. >> good afternoon, john. this is becoming an almost daily occurrence for the top negotiators. mark meadows in the treasury secretary, steve mnuchin, but today president trump stayed over here at the white house, hosted a big bill signing ceremony in the east room for the great american outdoors act,

while the top republican and democrat in the senate traded barbs and you know, given the amount of money involved and the amount of americans impacted, i asked the white house press secretary during the briefing why president trump is not more personally involved or at least more visible in these negotiations and here's what she said. >> well, he is through his chief of staff and through the secretary of the treasury, he is regularly updated. the democrats are being fundamentally unserious, they've offered no concessions, they've offered no plans, if anything they are moving the opposite way. the president has had a very narrow, specific focus right now, extending unemployment insurance, making sure americans don't get evicted. >> if congress, republicans and democrats cannot cut a deal, president trump is now threatening you not unilateral action, attempting to take executive action to stop two things, payroll tax collection and evictions took fire last

month, john. >> john: what updates did we get on the white house coronavirus plan? >> we had the briefing from the white house press secretary, we will get another briefing from president trump at about 530 this afternoon. this big interview with axios last night, president trump says he believes his administration is doing all that it can to fight the coronavirus pandemic. about one thing that he has repeatedly shot down is this idea of a nationwide lockdown and two days ago, the president of the minneapolis federal reserve bank said that in order for there to be any real, robust economic rebound here in the united states, he believed there needed to be a nationwide lockdown for about a month to six weeks about the white house press secretary said today that she did not see something like that happening, did not think president trump whatever come close to signing off on something like that. >> not considering a national lockdown. what he is encouraging his mitigation efforts like wearing

a mask which is patriotic, like social distancing and engaging in these really common sense, safe measures to safely reopen and avoid the health consequences of a lockdown. >> from one briefing to the next, we've got president trump stepping up to that same podium at about 5:30, you know how these kinds of days go better than anybody else here in the white house. >> john: you are going to be scrambling for "special report," no question about that. kristin, thanks. >> joe is a moderate and that doesn't mean that his ideas aren't progressive and bold and forward thinking. but he is not someone who is left, he's not someone who is right, he's a moderate and that's who he's always been. >> john: former second lady on jill biden on fox news channel last hour responding to republican k claims that joe biden is just a tool for the radical left. a revealing interview this afternoon, peter. >> it was, john.

joe biden's here in wilmington at home going over the finalists to be a heartbeat away from the presidency and we just learned he's almost there. >> we are close. he's close, he's got to make the final decision. >> joe biden doesn't have any public events or private events today even though he told donors last night, we are going to keep campaigning as aggressively as possible. biden also said to fund-raisers, donors last night that every race he runs he assumes he is losing and never assumes he is winning but right now he is leading most national and a battleground state polls end of the team a staff to battleground states including texas. the next thing we know about in person is his acceptance speech at the milwaukee convention in less than two weeks. the trump campaign has been trying to pressure biden to

agree to an extra debate and an early debate. dr. jill biden did say this afternoon that joe will be there but the biden campaign says no more than three. "joe looks forward to debating donald trump on the dates and locations chosen by the presidential commission. we are still waiting for donald trump to agree to as much." the president did flirt with the idea of skipping the presidential debates but the campaign told us today he will also be there and he looks forward to debating biden. john? >> john: we will see if it happens. peter doocy. let's bring in fox news and you're better karl rove, carl, good afternoon to you, it looks like joe biden and his campaign are going to be doing some virtual campaigning in the battleground state of ohio over the next week, real clear polits average has got him up about 2.3 points which is about where it was in 2016 and the president went on to win by eight points.

what do you expect to happen this year? >> i think this is part of a deliberate strategy of the biden campaign to look at the board is broadening and they've got opportunities in states that lean red. they announced they were buying tv ads, they were buying tv ads in ohio, not in the markets of the states that make up the majority of the population but in the fifth and seventh largest markets in the state. roughly 500,000 so-called television households by comparison, 3.6, 3.7 million in the three largest markets. they did the same thing in texas, in texas they went out and said they were going to buy tv ads in texas, spent $75,000 in tv ads, that's it for thousands of 1 cent per voter that they are spending on texas tv. today they announced that they

are going to deploy six staffers in texas rate i know state representative campaigns in texas that have more than six staffers but it's a smart move on their part because with the polls looking good for them, why not try to get inside the mind of your opponent and put them off balance by saying, we are going hard for areas that are likely to be republican and try to force them into making a mistake but i think it's a ploy, i don't think it's real. >> john: something definitely on the mind of president trump is this idea of expanded mail-in voting particularly since nevada's governor signed a bill that would pass an emergency session to send out mass mail ballots to everyone who is on the voter roll. it what the president told jonathan swan from axios about the idea of mail-in voting. >> because of the china virus, we are supposed to stay home, send millions of ballots all over the country, millions and millions. you could have a case where the selection won't be decided on the evening of november 3rd.

this election could be decided two months later. >> john: the democratic narrative that the president's attacks against male and voting are unfounded, are they? >> well, you've got to distinguish, mail in voting has been a part of the american election process for over a century but with the president is objecting to is, for example what we just saw in nevada, nevada approves sending a ballot. not an application but a ballot to everybody on the voter list. this includes over 200,000 people in clark county, nevada, las vegas, the biggest county in the state, that the democrat election chief says are inactive voters and that the post office has already told them don't live at that address anymore, they did this during the primary, mailed out over his objection, the county commissioner ordered them to mail, they spent have a hundred thousand dollars and those ballots came back in. what happens, now they put that into state law that this will happen, that everybody on the voter registration list whether

they voted in recent elections like the last six or eight years or not gets a ballot. where that happens we are going to see the potential for fraud and the other issue is, look, it requires systems, it requires equipment, it requires training, it requires people, it requires procedures in order to handle a mammoth number of mail-in ballots. the state of washington took five years in order to move from a traditional election day election to a mail-in system and we are trying to get it done in a matter of months and we saw what happened in new york, we are nearly two months after the new york primaries and we still have two congressional races up in the air because they haven't finished counting the ballots. democrats face a problem with this because mail-in ballots traditionally have a much larger number of rejections, the signatures don't match, the ballots are messed up some of the ballots arrived late so the more the democrats are putting their emphasis on mail-in ballots, potentially they could be dealing themselves a problem by causing people that might otherwise show up on election day to miss, vote by mail.

>> john: a judge in new york just ordered ballots that are not postmarked or mailed in late to be counted so a lot of this is on the fly. great to see this afternoon, things are joining us. >> thank you, john. >> john: tropical isaias already deadly and taking aim. legislators trying to get action on coronavirus relief. plus... look at that. a massive explosion rocking beirut. what we are learning about that blast. it coming up next. ♪ cranky-pated: a bad mood related to a sluggish gut. miralax is different. it works naturally with the water in your body to unblock your gut.

free your gut, and your mood will follow. ♪ yeah, it's time for grilled cheese. ♪ ♪ after we make grilled cheese, ♪ ♪ then we're eating grilled cheese. ♪ ♪ because it's time. ♪ yeah. ♪ time for grilled cheese. fallen even lower.low mortgage rates have now ♪ yeah. by refinancing at newday you can save $3000 a year every year. with their va streamline refi, there is no income verification, no appraisal, no out of pocket costs and no va paperwork for you. you can start the process right over the phone. refi now and cut $3000 a year off your mortgage payments. loans can close in as little as 30 days.

sixty-two thousand seven hundred and ten dollars and thirty-one cents. sofi allowed me to refinance all of my loans

to one low interest rate and an affordable monthly payment. and i just feel like there's an end in sight now and that my debt doesn't define me anymore. ♪ sofi is helping me get my money right. ♪ >> john: north carolina governor roy cooper speaking after isaias has made landfall there, a tornado hit a mobile home park and killed at least two people in the northeastern part of the state. he says he's spoken with the president about getting some federal aid there. tropical storms isaias racing up the east coast, bringing the threat of tornadoes and flash floods, the storm ripped through north carolina, now taking aim at major cities in the northeast including new york city, covering streets with water in philadelphia, stranding cars

they are, forecasters with the national hurricane center reporting 75-mile-an-hour wind gusts in new jersey. meteorologist adam klotz tracking it all but first, alex hogan reporting live from the east river in new york city. alex? >> john, we've seen these gusting winds of rain on and off throughout the day in the street behind me, seeing some downed trees, branches, any unsecured trash. right here we can see these large flood barriers that have been set up here in the city. of course this is one of the hardest hit areas back in sandy in 2012 so just as a precaution in the city is putting all of this into place. right now we are not seeing as much rain as we were just about an hour ago. still, the mayor is saying, we can't be too safe. >> obviously something that we are very, very concerned about based on what we know now, heavy rain expected, very high winds. >> we may see 1-2 feet above

ground from this storm and because of the wind we will also see significant wave action that will bring more water into these areas. >> the national weather service is urging drivers to stay off of flooded roads and reminding them that half of flood-related drownings happen when a vehicle is in floodwater. along with heavy rain and storm surges, be 16 is also sending tornadoes. tornado watches are in effect in delaware, new jersey, new york, and connecticut. power outages in the tri-state area topping 1 million by the afternoon. sending public transit off course. crews will continue to monitor floods at subway and train stops. new york and new jersey could see 2-4 inches of rain. >> hopefully, and this is our best-case scenario, today will be just a washout and tomorrow we will be back to summer sun but in the meantime we hope for the best and prepare for the worst and please, folks, stay in

and stay safe. >> we are learning here in new york city have one possible death related to this storm and again, we are watching the storm move further north tonight, expected to move along towards maine. so some of those areas also that far northeast seeing a potential storm warnings, tornado warnings in effect until 9:00 p.m. tonight. john? >> thanks, alex. let's bring in meteorologist adam klotz, a glancing blow here in washington, d.c., bunch of rain, little bit of wind but the sun is shining and it looks like you're almost through it in new york. >> john, you're absolutely right, we really are close to almost through this, everything here highlighted in the big red box are still areas where you are seeing tornado watch is in place. you can tell with all the heavy rain, activity, new york city on the backside of the system at this point, anything popping up here in the pink box is a

tornado warning storm on the ground, the hartford, connecticut, area currently a spot where there is at least a severe thunderstorm getting a little bit of rotation paired we can continue to see that for the next couple of hours though i think new york city proper is in the clear. this is going to be the path as we head through the evening, running through upstate new york and you're going to see this across a large area in new england, very heavy rain, wind still at 65 miles an hour and of course a lot of moisture with it so flooding could still be an issue, northern pennsylvania through new york into portions of new england, all spots where you can see 4-6 inches of rain, the kind of thing that folks saw back across portions of the mid atlantic the motion of the storm, as you see we get going by ten, 11:00 p.m. almost completely out of the united states, may be lingering in northern maine and continues to track a little farther up into canada so maybe, john, another 2-3 inches of rain but it does seem like the biggest cities have now seen the worst of this, a couple more hours and

it will be completely out of the continental united states. >> john: you get up there in the green mountains and there's a possibility for a lot of flash flooding, i imagines a people have to be careful up there. >> any time you get inland and those are still the spots where we have three heaven 4 inches of rain to come so we could still see some flooding before the day is over. >> john: adam, thanks so much, keep an eye on it. i will speak to the superintendent of one of the largest school districts in the nation who says it is not yet time to reopen the classrooms. new york city's health commissioner calling it quits? that's ahead. ♪ they'll be coming by to ask simple questions that inform how billions in federal funds are spent on local services every year for the next decade. time is running out. shape your future. start here at 2020census.gov. webut you can't lose sight of your own well-being especially if you have a serious chronic medical condition. at aetna, we're always here to help you focus on your health. because it's always time for care.

come on in, we're open. ♪ all we do is hand you the bag. simple. done. we adapt and we change. you know, you just figure it out. we've just been finding a way to keep on pushing. ♪

we live with at&t and we are awell past the honeocupado tom. at&t, what's this i hear about you advertising a 100% fiber network? only like a fraction of my customers can get that. that's it?!? you have such a glass half-empty attitude. the glass is more than half-empty!

you need to relax tom. oh! tom, you need a little tom time. a little tt. stop living with at&t. xfinity delivers gig speeds to more homes than anyone. >> the primary consideration should always be the safety, the health, and the welfare of the children as well as the teachers and the secondary effects for

spreading with regard to the parents and other family membe members. >> john: dr. anthony fauci warning about the risks of reopening schools in some areas. we've already seen reports of students and teachers testing positive for the virus as some schools reopen in the south and the midwest but president trump pushing to get kids back in the classroom, tweeting simply "open the schools." let's bring in the superintendent of a miami-dade county public schools in south florida, one of the nation's largest school districts. he says the south florida is not ready for students to return to the classroom. good to see this afternoon. president trump and many proponents of getting students back into class say that young children don't either contract the virus are transmitted at the same rate as older children or adults to and the younger children are the ones who benefit the least from online learning so it's important, it's imperative you get them back in the schools. what you say? >> good afternoon, john. i agree, myself and my 18,000

teachers are anxiously awaiting the data welcome kids back into the educational process but we need to listen to what dr. fauci is saying it, what dr. birx said recently and what we witnessed last week in georgia, even though children appear to not be as susceptible to severe symptoms as a result of this virus, they certainly can pass it on, particularly children between the ages of ten and 18 to older adults. look, i believe in returning and restarting the schooling process. what we did in miami-dade is actually start the schooling process online august 31st but within a month resume the actual physical in-school process. >> john: let me ask you this question, what do you expect is going to happen between august 31st and october 5th that might allow you to get kids back in school that won't happen between now and august 31st? >> very good question.

right now we have a two week trend of positivity for covid-19, around 17% even though it has been declining. yesterday's data for positivity was at 13.7% so that is a good indicator that by the end of september we may be at a point, in a position where the health conditions in miami-dade may be appropriate within the range to welcome students and adults back to the school facilities safely. we are using metrics, criteria as declared by experts in medicine and public health as well. >> john: so i'm wondering what your plans are going to be if you open up again and maybe it's a sometime in september, maybe it's october the 5th or a little bit after that, if you get some infections in schools because there are school districts across the country who have opened only to close back down a couple days later after there were some infections that popped up. how will you handle that?

to lost in for a moment, we will see if he comes back at all. looks like we've lost him. one of the other issues, of course, is what are the legal liabilities of schools and other businesses and things as well if they do reopen and to some either children, teachers, staff members or employees come down with coronavirus trade we appear to have lost the superintendent but as you saw, miami will be starting with 100% online learning on the 31st of august, hoping to move to in-person five day a week learning by october the 5th. we will see if they can do it. we will keep an eye on it. a massive blast rocking beirut but what caused it? plus, top democrats meeting again with white house officials about coronavirus relief. we will have a live report on where the talks stand as millions of americans struggle. ♪

l budgets. if the senate doesn't act, it will mean painful cuts to essential public services across america. fewer teachers and nurses, longer response times, dirtier streets. but some say our states should just go bankrupt. text fund to 237-263 to tell congress to fund our essential public services. afscme is responsible for the content of this ad.

(combative yelling) he used to have bad breath. now, he uses a capful of therabreath fresh breath oral rinse to keep his breath smelling great, all day long. (combative yelling) therabreath, it's a better mouthwash. at walmart, target and other fine stores. little things can become your big moment. that's why there's otezla. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable.

don't use if you're allergic to otezla. it may cause severe diarrhea, nausea or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines, and if you're pregnant or planning to be. otezla. show more of you. today's record low mortgages rates have dropped even lower. and if you're pregnant or planning to be. use your va benefits now at newday and save $250 a month -- $3000 a year. the va streamline refi lets you shortcut the refinance process. there's no appraisal or income verification, and you don't have to spend a single dollar out of pocket. one call to newday can save you $3000 a year.

♪ >> john: bottom of the hour headlines for you now, new york city mayor bill de blasio replacing the health commissioner as the city fights to keep the coronavirus from surging again. primary care physician in the city's public health system will take over the job. a massive explosion in beirut today, lebanon's health minister says more than 25 people are dead and 2500 injured. some people still buried under debris. people reported seeing windows and doors blown out and giant mushroom cloud above the city, some said they felt a giant shock wave, comparing it to a nuclear blast. no word on the cause of the explosion but the prime minister said it happened at a dangerous warehouse that was storing high explosives confiscated off the ship. he is promising those responsible will pay the price. the blast was felt as far away as cyprus.

flooding moves over the east coast, reports of power outages in new jersey, the storm made landfall in north carolina, two people were killed and more than a dozen injured when a tornado destroyed several mobile homes. three people are still missing. top democrats meeting with white house officials as congress remained the lock on the next round of coronavirus relief. chuck schumer saying talks are finally making progress. some lawmakers are expressing their doubts. meanwhile, millions of americans are no longer receiving unemployment benefits and countless people are facing eviction. congressional correspondent chad pergram watching it all on capitol hill. chad, any movement in the talks today? >> not much so far, they are starting that meeting right now and they have been meeting every day for about a week and a half now without a lot to show for it and that's the starting to concern a lot of people here on capitol hill. notably, lisa murkowski, a republican senator from alaska.

>> i've been talking to members on the other side of the aisle about what we might do as individual members to help facilitate a little more progress. we don't have answers for people right now that i really worried so we are going to keep working. >> part of the problem is republicans can't come together in the senate on the plan, any final agreement would need democratic votes to clear a filibuster. that's why democrats like the minority leader chuck schumer aren't moving. >> the republican leader is so tied in a knot by his own caucus and his president that all he can do is give "alice in wonderland" partisan speeches. all he can do is threaten for a sham votes that will not pass and will not answer the anguished cries for help that are coming from so many of our fellow americans. >> senate majority leader mitch mcconnell said he didn't think there would be what he termed "a

kumbaya moment in these talks." >> i don't think we're going to have a total consensus in this round. the atmosphere is much more partisan then it was back in march and april. that much closer to the electi election. >> big divides remain here on unemployment insurance, democrats are pushing for money for schools and also for the postal service but going into the talks today the senate minority leader chuck schumer said they had narrowed the gap a little bit on about five or six issues, john. >> john: five or 6 out of 12 or 14 issues. any way out of this stalemate? >> they have to fund the government at the end of september and there is some chatter that they might try to put together a mega omni bill to try to fund the government, three, four, $5 trillion, something that they because you absolutely, unequivocally could not have the government shut down during a pandemic so you might blend these bills together, something for coronavirus and something to fund the government.

>> john: chad pergram this afternoon, thanks so much. let's bring in republican senator shelley moore to of west virginia, we've heard little bits of incremental progress, what are you hearing? >> i'm hearing exactly that, i know the negotiations are continuing now at 3:30, the chief of staff mark meadows and the treasury secretary meeting with speaker pelosi and chuck schumer, they were at our lunch today, mark meadows and steve mnuchin, they said they are still very far apart but they are working hard at it, i tend to always be overly optimistic but we have to do something, a lot of people are hurting and a lot of people are expecting us to throw those partisan differences aside and reach an agreement. >> john: it's been said if you are a pessimist things usually go better than you expect them to, the republican read on the democrats as they are happy to talk but they're not interested in making a deal, is that your sense of it? >> disappointing to me was last week when one of our members,

martha mcsally offered a week extension of the $600 extra benefit on unemployment just to get us to the point where we could allay the fears of people who are now disconnected from that and you know, the democrats wouldn't play, they rejected it and walked away and that was very disappointing because that tells me it's more about the talking point. we are going to keep moving forward, this is beyond republican and democrat political scoring points, these are people who are unemployed, many of them through no fault of their own, we got to work together, we have to get our schools open but we have to focus on what we really need to do. not all of the extraneous things we see in speaker pelosi's bill. >> john: one of the big sticking points is this enhanced unemployment paid why not just re-up until the end of the year? it may be a disincentive for some people to go back to work but we've also seen stories of people who may work at a hotel or a bar or something to make a lot of money on tips and they

don't get the unemployment insurance for the tips so this is really helping them pay the bills. i know there's a lot of opposition to it among your senate republican colleagues but why not just re-up it for the rest of the year? >> i think you have to look at what's good for the long-term and good for reopening the economy, getting people back to work, getting the kids in day care and i think when you see the $600 extra a week benefit was meant to be a four-month temporary and i think we ought to ratchet it down, maybe not to $200 like his and our bill, maybe down, senator romney has an interesting proposal where it goes down $100 a month because eventually people need to get back to work and many of our small businesses cannot open because of the enticement of that $600 extra a week. some people absolute we have no choice and we need to help them and we have been helping them and will continue to do so. >> john: the president is threatening unilateral action of congress can't come up with anything, is that something you would support? >> i'm not sure how he does that, quite frankly.

>> john: i don't think he is, either. >> i think it's much better coming from us, the representatives of all the people who are affected, we've done this, this is our fourth cares package. it's just a matter of prioritizing, figuring out where we want to go, getting schools open, getting the vaccine out, getting help to our small businesses. helping those who can't help themselves where that's where we need to go. >> john: the president said yesterday that if he does take unilateral action, one things he may potentially do is stop collecting payroll tax. the idea of a payroll tax didn't fly among his or public and colleagues in the senate, do you think it's a good idea for him to float it now? >> personally i like the idea of individual assistance because i think it does help more immediately for those people who might be facing eviction, who can't pay their rent, can't purchase their food. it worked three or four months ago and you could see it steady the ship a bit, that's a direction i think we would prefer to take it and you're right, there hasn't been a whole

appetite for the payroll tax because we don't think it gives you enough of an impact as we are looking at this unsteadiness that we see. >> john: i mean, if you were a betting woman what would you say the over/under r on to my getting a deal's? >> we are not going to get anything this week, hopefully next week we can reach a conclusion. i would prefer that over a big mega bill that chad was talking about because there i think you lose the focus of where you really need to zero in on. >> john: exactly and i know you are introducing an amendment with some specificity on mental health and substance abuse so we will keep watching that. west virginia senator, one of the members of the squad facing a primary rematch and it could come down to mail-in ballots paid what it could tell us about the main event in november, plus former assistant u.s. attorney andy mccarthy on the potential legal challenges nevada faces

over its new mail in voting plan. stay close. ♪ all of us are raising funds for one goal: a world without alzheimer's and all other dementia. because this disease isn't waiting, neither are you. go to alz dot org slash walk. did you know liberty mutual customizes your car insurance ta-da! so you only pay for what you need? given my unique lifestyle, that'd be perfect! let me grab a pen and some paper. know what? i'm gonna switch now. just need my desk... my chair... and my phone. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

get your glow back. start running again with a boost of b vitamins and energy from green tea. new dunkin' refreshers. order ahead via the dunkin' app for a contactless way to order and pay. america runs on dunkin'.

♪ >> john: five states holding primary elections today, include washington, kansas, missouri and the battleground states of arizona and michigan. in michigan officials say they anticipate at allay and getting the results because of issues with absentee ballots. live from new york, brian? >> john, good afternoon. michigan secretary of state says more than 1.5 million absentee ballots have been submitted. that is a state record and to put that in perspective, that shatters the previous record of 1.3 million absentee ballots that were submitted back in 2016. with this surge there are some concerns about the postal

service's ability to handle all of this mail. after reports with just days to go before today' elections, soms never even got their ballot. michigan says they've been in regular contact with the postal service which says they have prioritized absentee ballots to make sure they are not sitting someplace overnight. that being said, the secretary of state says to expect delays in tonight's election results. "because absentee ballots take longer to count given the verification process to authenticate them as well as the physical work to open and prepare them for running them through the tabulator and that work can't begin until election day. there will naturally be delays. according to michigan law, all ballots must be submitted by 8:00 p.m. officials are recommending that voters actually drop off their absentee ballots today if they must in person. that huge surge in absentee ballots has made for a pretty easy day at the polls.

>> it was like any other voting atmosphere, just less busy and yeah, they did a great job keeping everything up. >> i was very surprised, i expected long lines but i think we are waiting for the next one, the november 3rd, that's when it's really going to be long. >> the most high-profile michigan race is in the 13th district, representative rashida tlaib is in a tight match against brenda jones, the detroit city council president and former u.s. representative. an outspoken critic of president trump is also the most vulnerable of losing her seat of the four congresswomen that make up the so-called "squad." she won in 2018 by less than 1,000 votes. bottom line though, john, lots of ice tonight on michigan and other states as to whether or not these absentee ballots and any potential difficulties could be a precursor for what we could

expect in november. >> john: you can bet the one person who will be watching as the guy at 1600 pennsylvania avenue. if you got the problems and michigan were something, how about this? a federal judge in new york city ordering state officials to account more than 1,000 mail-in ballots that have been disqualified because of postmark issues. these are for a primary six weeks ago. let's bring in andy mccarthy, former assistant u.s. attorney and a fox news contributor. this judge has now ordered ballots that either were not postmarked or arrived after election day to be counted. is this a harbinger of what we could see in november? >> yeah, i think all of it is, john. all of the nightmare scenario in it, the inability of the post office because it's not only overwrought because of financial problems, it's not

designed for this mission. you have a government bureaucracy that's been suddenly thrust on it, responsibility for an election and you have of this system where they don't postmark all the mail which turns out to be very important to election integrity. so you have more mail in ballots than you're used to having. an agency that's not really equipped or designed to deal with it and now with just a small amount of what we are going to be dealing with in november, almost a negligible statistical amount dealing with six weeks of delays. >> john: one of the most surprising things in new york in the 12th congressional district race is some people didn't get their absentee ballots until election day. the president is threatening to sue the state of nevada over this new law that we jammed through an emergency session that is going to mass mail out

ballots. is that a fight he can win? >> i don't think so. we will have to obviously see how creative the lawyers are and how open the courts are but i ran a u.s. attorney's office, john, for a number of years. what you are surprised by every november is, in point of fact, the federal government has very little control over elections. it really state procedures, the law that applies to them is state law and it's up to the states how to conduct them so i'd be very surprised if the president gets to them. you can respond to it with litigation at that point but to stop a state from performing the elections as long as it comports with the baseline constitutional requirements, i don't give him much chance of success on that. >> john: it's interesting that the president is praising

florida's absentee ballot system after a long legal challenge, up with collection system is safe and secure, tried-and-true, florida's voting system has been cleaned up. in florida i encourage all to request a ballot and vote by mail." seems to be a big difference for the president between requesting a ballad and this mass mailing thing, do you think that he is trying to set the stage here or the groundwork for a legal challenge in the november 3rd election if it doesn't go his way? >> oh, yeah, i don't think there's any question and i wouldn't limit this just to the president, i would expect that it has become unfortunately a ritual in our election that both sides are going to have battalions of lawyers ready to hop into any battleground state where the legal challenge might make a difference. but sure, i think he's laying the groundwork for that. >> john: wow, could make bush v. gore look like little league.

gunshots erupting at a party in a swanky home in los angeles. what police are saying about the deadly shooting coming up next. i am robert strickler. i've been involved in communications in the media for 45 years. i've been taking prevagen on a regular basis for at least eight years. for me, the greatest benefit over the years has been that prevagen seems to help me recall things and also think more clearly. and i enthusiastically recommend prevagen. it has helped me an awful lot.

prevagen. healthier brain. better life. yea, that look of pure terror... ...no, no, the smile... ...and that second right before the first tear comes... ...what?! pizza on a bagel-we can all agree with that. do you want a hug? is a friendly neighbor. they'll be coming by to ask simple questions that inform how billions in federal funds are spent on local services every year for the next decade. time is running out. shape your future. start here at 2020census.gov.

>> ♪ >> ♪ >> a shooting in a crowded mansion party killing a woman this morning at beverly crest in an upscale los angeles neighborhood. at least two other people were injured. the shooting appears to be gang related. jonathan hunt reporting live from los angeles. >> this was a big party. perhaps as many of a couple of hundred people present. it was against all the rules currently in place because of coronavirus here in los angeles county. but it went ahead anyway. as you can plainly see here. when police were called in the early evening they showed up and handed out a few citations to cars but determined noise levels were okay and didn't shut the

party down. it went on with more and more people coming in and out. some recording the scene on their phone. after one in the morning this happened. >> [gunfire]. >> they are shooting now. >> [screaming]. >> [bleep]. >> [shouting]. >> [bleep]. >> they are shooting, man. >> during that intense burst of gunfire, several people were injured. one a 35-year-old woman died. police say their investigation is on-going. listen. >> they will gather any type of evidence and surveillance video and any social media video. it's treated as a gang related

homicide. >> whether police should have shutdown the party early for breaking the coronavirus gathering rules, the lieutenant said the lapd is not enforcing those rules because it's really hard. he asked, how can i do that? >> only in l.a. 3 men rescued from a tiny pacific island after writing a sign in the sand. they were missing for 3 days. searchers spotted the sign. they veered off course and ran out of fuel. all three men are safe and healthy. 2 great white sharks off cape cod, massachusetts. spotted off-shore. this shows is recent shark sightings in the area. the beach was closed after an

earlier sighting so no swimmers were in the water at that time. wow! i am john roberts in for bill hemmer. "your world with neil cavuto" is next. >> ♪ >> neil: thank you. we are monitoring developments on capitol hill and a real storm barrelling up the east coast that has close to 2 million americans without power. no signs that can be fixed or righted any time soon. we are on top of the record winds and the tornado watches in effect in the northeastern states. the drama for the moment is the status of that stimulus measure which could include upwards of a thrillion to 3.5 trillion dollars to keep the coronavirus economy from collapsing. right now, republicans are arguing over unemployment benefits and how generous to