[clamoring] >> relax, relax, relax! >> laura: a white man says all >> a white man says all live matter and black lives rather pummels him with a bat. that is biden's america. fox news at night take it from here with shannon bream next. >> thursday november 5th, more ballots being counted in key battleground states of donald trump's supporters protest outside and election center in arizona overnight as the state calls for biden. >> even when the votes are all in and counted we may be far from finished. >> it says to me this is a concerted effort of the crooks that run the democrat party. we are not going to let them get away with it. >> from campaign launching legal battles that could wind up in the supreme court.

>> election and certainty sparking unrest from new york to denver. the coast-to-coast chaos. >> "fox and friends first" starts right now. a lot of people wondering which way it is going to go. majority of people are waking up not surprised, we still don't have an answer. todd: this could last sometime. we just don't know. jillian: you are watching "fox and friends first" on thursday morning. todd: allies on the undecided battleground states where votes are still being counted. jillian: joe biden has 264 electoral votes, donald trump with 214, reminder, 270 is the number.

>> griff jenkins in delaware as the president's teamed years up for a legal fight. you haven't moved. >> that's right. both candidates see a path to victory. one is closer. for biden it is simply win any of the undecideds and he gets the magic number, but for donald trump he needs a combination of all of this, some of them plus arizona where he believes he has indeed won but they are just releasing the election results showing biden maintains a lead over trump by just over four points with 80% precincts reporting their ballots. let's go to the race boards and show you in nevada biden leads by barely half a point. in georgia donald trump leads by half a point.

in north carolina trump leads by a point and a half and in pennsylvania trump is leading by more than 2 and a half points. the president has lawsuits in 3 states, michigan, georgia and pennsylvania and in arizona trump supporters are protesting and demanding to watch ballot counting. in pennsylvania the governor yesterday told was slamming the president's lawsuits. >> the trump campaign filed a lawsuit to stop the counting of ballots in pennsylvania. that is simply wrong. it goes against the most basic principles of our democracy. these attempts to subvert the democratic process are disgraceful. >> the president's attorney rudy giuliani firing back. >> not a single republican has been able to look at any of these ballots. they could be from mars, they could be from the democratic national committee. >> here in wilmington we did briefly yesterday afternoon see joe biden, he came out and

expressed confidence he will win this. here's what he had to say. >> i am confident we will emerge victorious. this will not be my victory alone or our victory alone. it will be a victory for the american people, for our democracy, for america and there will be no blue states and red states when we win. just the united states of america. >> reporter: finally the deadline for ballot counting in pennsylvania, november 10th, in nevada it is november 12th, next thursday, north carolina and georgia the thirteenth but we may get some results today, georgia is close, two counties outstanding of a may have them and we will learn those results later today. todd: thank you. jillian: senior advisor corey lewandowski said the polls were

wildly wrong going into election day and they see opportunities in arizona and pennsylvania. take a look. >> we feel good about our numbers in arizona. we have seen our steady increase. if you remember eight or nine days ago one of the major networks, losing the state of wisconsin by 17 points, such a fallacy, they said we would lose florida by 6 points and he won by 5, in ohio by two, we won by eight. this president outperformed every single time and here in pennsylvania, philadelphia, we see the president continuing to hold a massive insurmountable lead and that is why when they finish county in philadelphia donald trump will win the state. >> is a closer look at before states that will return the strategy, john thomas, let's start with where we stand over all. we know this by now but as a reminder, the race is 270, biden

at 264 currently under the fox news decision does numbers, trump had 2, 14. what happens for trump to pull this out starting with pennsylvania? >> he has to hold pennsylvania. that much is clear. pennsylvania is one of trump's strongest states was he wasn't expected to hold, started with a dominant lead, he seems to be able to maintain that lead. the trump campaign has got to make sure every ballot especially the late mail in ballots are real. we've got to verify the integrity of those ballots, hang on to pennsylvania no matter what. >> let's go to nevada so this is obviously a big state people are watching, they've been closely watching, 6 electoral votes up for grabs in nevada and you can see joe biden with the lead, muslim one. if joe biden ends up winning nevada this thing could be over. >> that is right.

if he wins nevada this thing probably is over. however trump with every single data dump seems to be narrowing that lead. we need to watch nevada closely, this might be a make or break state for trump. >> georgia, 16 electoral votes in play and it is close. what is the state of play in georgia in terms of the 2% but hasn't come in? >> still looking good for trump in georgia, another must win state, trump has to hold georgia. so far it is looking like a decent hold for trump. >> what about north carolina? 15 electoral votes up for grabs, 94% in at this point. donald trump does have the lead in north carolina. do you think it stays red? >> i do. i think he holds north carolina, not too worried about this one

but he's got to hold north carolina if he wants to hold because this coalition, to have a shot at getting 270. >>'s key states hang in the balance molly hemingway slams the media for hyping up a biden blowout that didn't happen. >> the last plausible time that you could say news organizations needed to reflect on their failures was in november of 2016 when they learned this lesson that time and responded to this realization that they had completely failed in coverage of that campaign and understanding the right half of the country by getting far far worse. i don't anticipate they will get better in the lead up to the selection shows a lot of what they did was intentional. these polls were offset by such a great amount, not all polls, media polls were off but there were a few pollsters who got things right which shows that it was possible to look at this race accurately but the media

narrative that this was an impossible win for donald trump, the senate going to the democrats, democrats would gain more seats in the house, strengthen their majority, every part of that was wrong. todd: frustration remains over the polls, the number of votes already counted is staggering, joe biden won the most votes of any us president of candidates with 72 million, donald trump not far behind, 68.5. >> reporter: election process taking a chaotic turn across the country overnight. [crowd chanting] jillian: 60 people were arrested after protesters clashed with police, the nypd posting photos of weapons confiscated during the unrest including fireworks turned into dangerous explosives. in portland police declare a riot as fires started in the streets, one officer was hit by a molotov cocktail.

in denver eight people arrested for fighting with police, smashing store windows and setting off fireworks. todd: a live look at fox news headquarters in new york city, the all-time record for most-watched election night coverage in cable news history. 14 million viewers tuning in on tuesday, nielsen says cnn came in second with 9 million followed by msnbc and abc. >> the president's team gearing up for a ballot fight. >> this is among one of the most anti-democratic things i have ever seen or encountered. >> what does the trump campaign having each state? next. nobody nobody ♪ ♪

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todd: the trump campaign launching postelection lawsuits alleging improper ballot counting in key battleground states and supreme court intervention not off the table. >> this is one of the most anti-democratic things i have ever seen or encountered, this is going on all over the country. not a single republican has been able to look at any of these mail-in ballots, they could be from mars or from the democratic national committee. >> former chairman of the republican party joins me now. right now trump campaign has actions pending in pennsylvania, michigan and georgia, using the word action, these are not necessarily lawsuits but regardless what their label layout the trump campaign's arguments? >> there is two things going on. they want to make sure the laws that existed at the time the

election occurred were equally applied and they want to make sure that they have access to view the count equally as well, you saw in michigan where they haven't he -- 3 democrats -- i want to note that overnight i went to bed at 1:00 am our time in california and i was in each of these counties in wisconsin looking at their voting rates and i was convinced trump couldn't because in wisconsin and now we find out, this is the second element and what is important, all the votes that occurred allegedly occurred in wisconsin, can any of those be thrown out, what we saw was the data errors they are talking about, hundreds of thousands of

votes suddenly appear between michigan and wisconsin and when i look at those counties those rates didn't exist. i was awakened at 4:00 am by a friend in new jersey saying what happened in wisconsin, where did these votes come from, they call it a data error which resulted in these huge jumps in biden's amount. they want to throw out individual and lots of votes and that is where the key will be. >> there is an action in michigan to address that with the recount that is currently in the air in wisconsin addressing the concerns you just mentioned. >> maybe because i think there was this ballot harvesting. you have an 80% rate in michigan, wisconsin. that doesn't exist in american politics. in wisconsin the voting rate was 66% four years ago jumped 21%. in milwaukee county it jumped 30% alone, dramatic increases in rates. if these were moved in in the

middle of the night and in the stack with everything else recounting it wouldn't necessarily address that. there are many issues of concern but these huge data errors may not be discoverable. todd: the president threatening to go to the supreme court. >> we want the law to be used in a proper manner so we will be going to the us supreme court. we want all voting to stop. we don't want them to find any ballots at 4:00 in the morning and add them to the list. >> supreme court not typically a court of first impression. do you see any of these battles anywhere on the map optimally ending up at the supreme court weeks, days, months down the line? >> more like weeks, i expect this to extend.

what they want when they said stop the voting, in pennsylvania this threat of ballots coming in without postmarks, no way to know when those are being ushered in so i expect this to drag out in a number of states, you might see this in arizona and i have been shadow band and flagged on facebook as well because i am putting out this information, they are trying to kill people from letting not letting us know that this is going on but also people reporting. >> a fascinating situation we're in and we felt something like this could happen but here it is, here we go. we appreciate your insight, thanks. jillian: election coverage continues all morning, hundreds of thousands of ballots waiting to be counted in pennsylvania. when could we get a result from the keystone state? >> fred keller joins us on the state of that race next.

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>> you can to take time to count the votes. we are going to win pennsylvania. >> a victory in pennsylvania. this is not based on gut or feel but en masse. >> both presidential campaign think they will claim the keystone state with hundreds of thousands of ballots still to count. the deadline for mail in ballots is friday. >> fred keller, thank you for being here. let's break this down. you saw in the graphic the

president is in pennsylvania by 164,000 votes. the department of state says there are 763,000 mail in ballots still to be counted. if you break it down in the bigger areas in pennsylvania, pittsburgh specifically, they have 43,000 in allegheny county, in philadelphia they have 120,000 ballots to be counted, philadelphia very democratic, do you think pennsylvania will stay red? >> i think the, willfully in the paper for the president, there are other counties that have ballots to count, there are areas that will be more heavily for the president and those ballots would help the president. todd: why is there such a delay when states like florida that are big can get their act together on election night? what is the problem in pennsylvania and a lot of the northeast states? >> i can't speak for any other state but in pennsylvania, we had a county that have a lot of mail in ballots, they were able

to process them and what our governor has to answer is if he wants to make sure every ballot is counted why he is refusing to let people watch the process. there is been a lot of talk. todd: we have a freeze? getting a little choppy. >> let's listen to what governor tom wolf had to say and see if we can get this problem solved. >> the trump campaign filed a lawsuit to stop counting ballots in pennsylvania, these attempt to subvert the democratic process are simply disgraceful. we are going to fight every single attempt to disenfranchise voters. >> we may have you back, you heard what the governor had to say in pennsylvania. ultimately what do you think plays out in the next day and coming weeks in pennsylvania.

>> if the governor wants to make sure all votes are counted accurately he should have no objection to having them observed and have people watch what is happening in the open rather than wanting to do things as he has done them for the past several weeks when it comes to the election law, that is make his own rules without the input of the legislature and the commonwealth. >> we will be watching your state, your commonwealth, thanks so much. >> now to this, twitter and facebook flag several posts from donald trump's team for prematurely declaring victory in pennsylvania including white house press secretary kayleigh mcenany and eric trump, twitter label four of the president's tweets as misleading, democrats calling to suspend the president's account including gerry connolly. todd: the biden campaign launching a website about the election being too close to

call, features only a homepage the transition team is preparing at full speed for a biden harris administration. jillian: donald trump gained black voters in some states. what is behind that bump? >> we have a look at the increase in support next.

>> all eyes on the battleground states that are still being counted. >> so biden has 264 electoral l votes. donald trump is 214. the magic number 270. >> the president's campaign lawyers demand a recount, joe biden winning the badger state by 0.7%. the former vice president winning michigan by 2 and a half%. jillian: voter analysis revealed

donald from and more black voter support in some states compared to 2060. todd: here is figaro. numbers on screen, 8% from support 2020 among black voters, up 2% from 2016 when donald trump had six. why? >> reporter: what it shows is black voters are not monolithic. there are lots of opportunities for republicans to peel off vote and it is moving forward, republicans have to look at how the party drastically changed, democrats believed this would be a landslide. it is not. we still have four states out the need to be county, arizona, pennsylvania, georgia, north carolina. i hate to speculate how things will come out but it is a very close race. one or 2% of black voters or any demographic can make a difference so that is something

the democratic party has to pay close attention to moving forward with the midterms and 2024. jillian: what do you think of hispanic voters? the president made -- compared to 2015 where he had 28% support, 25% of support, people talking about hispanic supporting parts of florida. >> i lived in florida, in orlando. i consider that my political stomping ground. i know florida better than any state and florida has always had a very diverse group of folks. that is not a place for you can so everybody in one group of people and think you will figure it out. bernie sanders learned that during the midterms, he did well with the hispanic vote in california but did not do well in florida. that is another demographic that cannot be stereotyped as always one way, look at cuban-americans in florida, they are not in line

with socialism period. those are the things they have to look at moving forward. how do you reach out to these demographics, how do you spend money with these demographics, look at project lincoln, president lincoln spent $40 million to recruit republicans still on board with donald trump, that money should have been invested when we look at florida and all the other states, could have used resources, the democrat party has always done a poor job supporting democrat candidates in florida ballot down. i'm not telling you what i heard, i am telling you what i know. >> looking at the nation based on these results it is clear the democrat party is infighting between the far progressive left and the more moderate in the middle. here's what the progressive left was talking about before the election. >> we organize our people to make sure biden becomes the most progressive president. >> we need to come together and create the kind of nation you

and i know that we can become. >> you can likely push joe biden in a more progressive direction. >> there is a oc. does this election, the results we saw in the house, the results we are seeing in the senate, does that push nancy pelosi to say i got to keep the squad in check or i'm going to lose the house, not just a few seats, i'm going to lose the house in 2022? >> no, absolutely. joe biden is a moderate. he won't be pushing more to the left. if anything this is shown he was able to win the election without the progressive vote because they did not vote for joe biden whatever anybody says. this gives him more the ability to stand and say folks want to be centerleft, let's look at the country, completely divided over more people voted now in this election than in the last 100

years and it is not because they want to centerleft candidate. there were policies people supported, $15 an hour did pass in florida but overall florida is not a progressive state so progressives will still be fighting, they are locked and loaded looking for their next items to push but certainly won't be pushing joe biden. that is for sure. jillian: thank you for your insight. >> fox news alert. thousands take to the streets demanding every vote be counted. jillian: the chaos that erupted overnight. >> police clashed with a mob of demonstrators across the country last night, new york 60 people were arrested. they appear to be peaceful but it took a nasty turn. here's how it started. protesters chanted every vote counts, count the vote, listen.

[crowd chanting] >> that went on for a while but eventually got under control, they started shouting anti-police chance and yelling and cursing at diners after raising a joe biden campaigns i was one person spit in a police officer's facing the police chief was punched in the face. nypd constant -- confiscating weapons during the confrontation. in portland right was declared at the national guard was activated. officials say the guard was activated due to widespread violence. 10 people were arrested according to police. one person was found with a rifle and loaded magazine. protesters in chicago and minneapolis blocked traffic and demonstrators moved through those cities and in philly the protests were twofull, crowds were calling for democratic justice after officials released body camera footage on the police shooting of walter wallace junior. >> put that down.

>> let me clarify, that was racial justice, that was what i was talking about. 1000 people marched in the protest holding black lives matter and every vote counts signs. until the two officers involved in the shooting in handcuffs, it will go to the mayor for as long as it takes and you will, quote, be uncomfortable. you will hear our voices and there were a handful of protests in maricopa county and watch those ballots be counted and fiery protests. jillian: a hearing reasons about postal service delay dealing mail-in ballots, lewis dejoy could be ordered to testify. they will search for ballots by tuesday afternoon.

that showed 300,000 had not been scanned and delivered. the agency says it wasn't possible to meet that deadline and most of them were delivered on time. they found 13 ballots in pennsylvania, 815 in texas and delivered them. >> mitch mcconnell ready to return to washington and getting covid-19 believe deal done. mcconnell says the country needs another rescue package before the end of the year. >> the coronavirus is not gone. we've got it worse than we had it in the spring. when we get back, hopefully with a more cooperative situation than we had. >> nancy pelosi and mcconnell have to work together to pass a spending bill. otherwise government will shut down.

>> reporter: the supreme court is expected to side with the catholic social services agency in a dispute over foster care. the agency says the city of philadelphia won't work with them over its refusal to certify same-sex couples as foster parents, philadelphia says it is not allowed discrimination under its contract with faster programs. will be the first major case heard by justice amy connie barrett. >> new jersey governor side one of the strictest bands on plastic bags into law. it been single use paperbacks, styrofoam and plastic straws. former visas will reduce pollution for businesses, repeat violators could be fined $5,000. plastic straw and goes into effect next year. the others was started in may of 2022. >> two kayakers nearly swallowed by a back whale. a terrifying moment caught on camera. watch this. >> oh, bleep. the women's kayak, they were thrown in the water in california.

the second boater, this angle of the incredible thing. of the kayakers came to the rescue. no injuries reported so i can say this because no injuries were reported. i thought whales were vegetarians. jillian: i can't believe that video. >> gop poll watchers in detroit left out in the cold. the chaotic confrontation. >> not so blue wave for congress like many had predicted as nancy pelosi may have to fight to keep her role as house speaker. carley shimkus live with the balance of power next. ♪ why can't we be friends ♪ why can't we be friends ♪ if you have medicare, listen up.

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crowds banging on windows and chanting and support of the president, the center was at maximum capacity and republicans and democrats have reached their limits of people allowed inside. greg jarrett lays out the legal battle in the great lakes state. >> michigan is a perfect example. keeping people away, 33, 50 feet, 100 feet away. a poll watcher has to be able to watch and under the law they are entitled to what is called meaningful access. 100 feet away you can't see anything so it is meaningless and so these lawsuits have been filed to force the state of michigan to allow these poll watchers because that distance you cannot see the vote, you cannot see the ballot, you can't see the signature, you can't see the tabulation, you can't see the postmark on the ballot. jillian: an impact on the

presidential result, legal challenge could sway the senate race in michigan. congress will likely remain split, the senate expected to stay in republican hands with both parties losing seats. >> democrats on track to have the majority cut down by 5 seats. carley shimkus with a result of how it will shape dc going forward. carley: the dust is not settled but it is clear democrats failed to deliver the blue wave they had eagerly anticipated. democrats needed to pick up four seats to gain control of the senate, they have gained two, colorado and arizona. republicans flipped and alabama senate seat in their favor. many vulnerable republicans beat the odds and disprove the poll numbers in a surprising victory, republican senator susan collins was able to ward off or democratic challenger into north carolina republican senator tom tillis is declared victory but democrat cow cunningham is waiting for every vote to be counted before conceding this race was a win for democrats in

michigan as fox news project gary peters will win reelection but republican challenger john james isn't convinced which is campaign accusing local officials of election interference telling fox news there were all kinds of chicanery including battles that came in in the middle of the night. republicans gaining 5 house seats so far shrinking the democrat majority, a situation no one thought possible. >> reporter: every pundit said we would lose 15 to 20 seats. the opposite happened. america is going to be more reflective in congress of the republican party that we have ever had at any given time. >> reporter: one lawmaker who declined to be named told politico the situation in the house is a, quote, dumpster fire for democrats. nancy pelosi writing a letter to colleagues saying while it has been a challenging election all of our candidates made us proud. it is clear both sides are trying to find their

silverlining but republicans should be happy with how they shaped up in these congressional races. >> democrats keep hold of the house, jim jordan says republicans picked up some key seats and democratic infighting could be key to push a republican agenda forward. >> conventional wisdom was donald trump was supposed to get beat in a landslide, the u.s. senate was supposed to go to democrats and we were going to lose a bunch of seats. we are picking up seats because we ran a number of great candidates, good conservative women candidates and we are picking up seats in the house. overall when you look at that picture based on what the conventional wisdom was prior to the election, as the inviting goes with the democrats i hope they keep it up because the more they are infighting the less they will go after your rights, your liberties and your freedoms. >> don't go anywhere, you will meet one of the newly elected congressman who flipped a democrat seat to republican, carlos jimenez of florida joins us next hour.

jillian: many americans curbing their election anxiety by stress shopping. according to adobe analytics online sales topped $2 billion on election day. >> shoppers just as eager to buy before election day spending $2.2 billion on monday. online sales expected to reach a total of 16 million by saturday. >> i was not. >> some americans turned to food and booze instead. i will not follow-up the question with that. apprise near me and liquor near me were among top election day searches, pizza and chinese food taking top spot on tuesday. jillian: the top pollster - voters legalize recreational marijuana. >> comes as a shock, you think if you are into that stuff you would know by now but was what i know. jillian: 13 until the top of the our, pennsylvania congressional candidate kathy barnett refusing

to concede. todd: the republican suing over what she believes is vote by mail fraud. she joins us on the legal fight next. it's moving day. and while her friends

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>> good morning, welcome back. allies on pennsylvania as lawsuits begin to pilot. montgomery county, close philadelphia suburb gop congressional candidate kathy barnett suing the district for allegedly pre-canvassing mail-in ballots prior to election day. she want so-called cured ballots thrown out. good to see you here. >> thank you for having me. jillian: let's look at the results as they stand right now,

you have just over 41%. the question is the votes in question at this point that you are questioning, are they enough to give you the lead or are you doing this only out of principle? >> i'm doing this, one, because i believe every vote matters and we have several thousand votes that have not been counted. we have a number of provisional ballots that have not been touched whatsoever. i also filed a lawsuit because we have a voter integrity issue here in pennsylvania specifically in my district, it is the right thing to do. when my team was finally allowed access into the area where the ballots, the mail-in ballots were being held immediately upon entry in that particular room, filled with several thousand ballots that were just sitting there in the hallway and secured

in addition to a number of other things that were taking place that gave us great forests so we did what we felt was necessary and that was filing a particular lawsuit but this is so much bigger than win or lose for me personally. there is an integrity issue. this is where the voters, the voters will win in the we will protect the integrity of how we do voting in pennsylvania. jillian: the pennsylvania the part of state website, i looked at the numbers for montgomery county, there are still numbers to be counted at this point. according to the latest update

mail-in ballots remaining at 32,000 so that's the latest update. this is what the montgomery county attorney says, quote, the election code is not meant to be a trap or trick voters into losing their vote, it gives counties the authority and discretion to administer the election law. it's a complicated process. at the end of the day i think people sitting at home watching this just wants to know that their vote counted and at this point how do you think that can be insured everywhere? >> every legal vote should count. what we saw on tuesday all across our nation is a tale of two elections, we had the election that took place on tuesday and we saw the results of that which i beat my opponent hands down and secured more votes than the president showing my american message had a crossover effect but we had another election that took place and that's the election that took place over almost 30 days which is utterly ludicrous. i have no idea how we as americans have allowed the greatest nation to the equivalent of afghanistan with progressive liberals looking a whole lot like the taliban and. this should not be as ugly as it has been, not knowing who our elected officials are.

jillian: keep us updated on your race and we will follow it and see what happens. >> i fact check to this story because it seemed odd to me but we go. say hello to the newest canine in chief, the kentucky town of rabbit hash elected wilbur, mayor. the election is part of a community fundraiser, wilbur taking home the political prize. a donkey, a rooster in a human as well. comments pouring in, paul writing on twitter this is the story we all need right now. nathan tweeting he will sniff out corruption and another user posting i feel triggered by this because i fully believe the only animal that should have any wilbur is a cute pig. rabbit hash is a town. coming up in the next hour of

"fox and friends first," pollsters that run, we carter joins us on why so many predictions once again missed the mark. jillian: donald trump's team demanding wisconsin recount in a better state and says there should be a redo, she joins us live. ♪ here? nah. ♪ introducing the all new chevy trailblazer. here? nope. ♪

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jillian: it is thursday november 5th, still no winner in the race for the white house, hinging on four battleground states was a legal miss looms as the president's team file lawsuits that could land in the supreme court. todd: election protests descended the chaos with call to count every vote. "fox and friends first" continues right now. ♪ oh baby ♪ why don't you just meet me in the middle ♪ jillian: if there is a middle right now. todd: tying the media to politics, aaron marx is a perfect combination of urban and rural to bring the country together, a country gal