>> we still don't know, will we know today if we do we'll have all of it for you tomorrow. >> have a good day. >> stay within yourself. >> so long, everybody. [chanting] >> sandra: emotions running high after election day. america is still awaiting the final results as to who wins the white house. joe biden now standing at 264 electoral votes on the map. president trump 214. 270 wins the presidency. i'm sandra smith. >> trace: on we go. i'm trace gallagher. the race is hinging on the battleground states of georgia, nevada, north carolina, and

pennsylvania. all four still too close to call as officials work to count a record number of mail-in ballots. meantime the trump campaign is suing to stop the counting of votes in several key states including pennsylvania. the president's team accuses officials there of a lack of transparency. the biden campaign is calling for patience saying the democratic process must not be disrupted. this as both sides dig in for what could be a long legal battle. >> we're going to win pennsylvania but they're trying to cheat us out of it. they know it's their only path to victory. >> i'm not here to declare that we've won, but i am here to report when the count is finished we believe we will be the winners. with all the votes counted. >> sandra: folks team coverage for you this morning dan henninger standing by with analysis. jonathan serrie in atlanta and

we begin with peter doocy reporting live from wilmington, delaware. what is joe biden doing today? >> good morning. we were just alerted by the press pool that's traveling inside joe biden's bubble this week that he is going to have some kind of a movement in a few hours. we don't know what it is or where he is going. there is going to be some opportunity to see him potentially hear from him mid afternoon. right now he is at home here in wilmington about 20 minutes away from where the victory setup remains untouched. it sounds like he is getting ready to come back and use it. >> only three presidential campaigns in the past have defeated an incumbent president. when it's finished, god willing, we'll be the fourth. >> biden's campaign is sending out emails asking for donations to the biden fight fund to bank roll democratic lawyers for fights that could go to the

supreme court. they're confident they will prevail. they told us on a conference call they say georgia remains a toss-up. north carolina leans trump but remaining states should be called for them and soon. the trump campaign is asking people for money for a legal fund sending out to states that remain too close to call. we expect to see rick grinnell to pop up in nevada to pursue legal action, michigan and wisconsin as well. the centerpiece of their strategy to wrestle the results back in their favor is pennsylvania. >> we're going to file suit in pennsylvania. it is a shame that we have to do that. it's the last thing we wanted to do and my father wanted to do but this is rampant corruption and it can't happen. >> something very uncommon, yesterday we did not see president trump on camera after his 3:00 a.m. press conference. we don't know if we will see him again later on today. but we do expect to see biden.

sandra. >> sandra: peter doocy, thank you. >> trace: meantime we're waiting for more results out of nevada. the last possible state for president trump to flip from a 2016 loss to a 2020 win. our chief correspondent jonathan hunt is live in las vegas. what would a nevada win mean for either candidate? >> it could quite simply mean winning or losing the presidency, trace. when you take a look at the way the fox decision desk has the numbers right now 264 electoral college votes for joe biden. so he is six short of the magical number of 270. how many electoral college votes does nevada have? six. if the fox decision desk feels comfortable calling it later today then that would put joe biden over the edge. doesn't it seem appropriate given the year we've all lived through that in 2020 the

gambling capital of the world could actually have the last word on who becomes the president? at the moment, though, here in nevada it is a very close race as they continue to count the votes. joe biden leads by what is in relative terms a minuscule 7,600 votes. and already the trump team are setting up to claim that some of those votes are quite simply in their eyes illegal. a former attorney general here in nevada and the co-chair of the trump campaign made that argument on fox last night. listen here. >> we don't know how many bad voters there are in this giant stack. we also know that there are likely to be dead voters. we know there are likely to be people that have moved out of las vegas. but their ballots were still cast. we're looking into all of it.

>> now at 11:30 eastern time today, rick grinnell, another trump loyalist, former acting director of national intelligence, is going to hold a press conference right here in las vegas at which he will apparently make the claim that at least 10,000 votes here were cast by people who no longer live in nevada. the trump campaign setting up for a legal challenge immediately here in nevada. now, so far those claims i have to say are evidence-free and officials here have said they have not seen any signs of widespread fraud. the secretary of state here in nevada saying the counting of ballots in nevada is proceeding at the expected pace. the timeline for counting ballots in nevada comes from the legislative process, this process dictates that all properly received ballots will

continue to be counted for up to nine days after the election. it is going to be a busy day here, trace. first of all 11:30 eastern we get the trump details of the trump lawsuit from rick grinnell. then around noon eastern we're due to get a -- what should be a pretty big dump of new numbers, which may give us a very good idea of whether nevada is going towards biden or towards trump. trace. >> trace: very busy hour in nevada. jonathan hunt live out there. thank you. election protests erupted across the country overnight. nearly 60 people were arrested in new york city after protests turned violent. demonstrators fought with police and set fires in the streets. a similar scene in denver. protestors smashed store fronts and set off fireworks.

11 arrested there. in portland oregon a riot was declared. the governor deployed the national guard to help restore order there. >> sandra: for more on this let's bring in dan henninger, the deputy editor of the "wall street journal" opinion page. paths to victory for both candidates considering the electoral map at this hour two days after election day. 264 votes have gone to joe biden thus far. 214 to president trump. you have the battlegrounds are left. four open in the -- on this map. for the sake of alaska not called yet but leaning towards president trump give those three to the president. that brings them to 217. dan the very clear path to victory at this point for joe biden would be to secure a victory in the state of nevada. that brings him to the 270 threshold spot on at 270.

interesting to point out that congressional district in nebraska comes into play because that one electoral vote went to joe biden there. if i clear that board and show how the president still has a path to victory here, if i color in again alaska, but give those four outstanding pennsylvania, north carolina, georgia, battleground states to the president, he has to secure victory in all four of those that are left and puts him over the threshold to 274. dan, this is where things stand this morning. >> they sure are. and basically, sandra, what we're all talking about here is the theory of the election. the way the numbers add up. but against that there is the practicality of the unique election of 2020. in which you have difficulty counting ballots and it was inevitable in my mind in any of these close states either side would contest them.

here you have the spectacle we've watched for the last several days, alaska's vote is still not finished. florida finished its voting very quickly and yet a state like alaska nowhere near as populated as florida or some of these other states still can't come up with a final vote? so whether it was north carolina, georgia, nevada, arizona, they are all very close. you don't have people mostly showing up on election day. a torrent of mail-in ballots which was unprecedented. we knew it was unprecedented. we shouldn't be surprised that we'll have fights over these very closely-contested elections in places like nevada, arizona, north carolina and wisconsin. >> sandra: to that point you bring up the north carolina results 94% of the vote is in to show just how close things are. 73,000 votes you look at the total in for joe biden and president trump divides them. as we await the final call in

that state, a lot of this could come down, dan, to the state of nevada where we knew that we were not going to get any additional reporting from that state per our election desk until today. so we'll see what happens. it could be the next state called. 75% of the vote in. you have the blue counties that we've been watching, clark county, you have reno, las vegas. those counties go heavily to joe biden. we're waiting on some of those more rural counties, 70% to donald trump in one county, heavily leaning towards president trump. we'll see where the count comes in. that being said i'll put this up on the screen, the "wall street journal" editorial board this morning. trump and biden go to election overtime. no one should claim premature victory as the counting and legal challenges play out. do you see that happening, dan? >> yeah, i think we do have to wait for the legal -- the legal challenges are inevitable and

what we have here at this point is not merely the credibility of the electoral process but the credibility of the legal process and the rule of law. these judges and probably going to go up to the supreme court in cases like pennsylvania, are going to have to rule on the fine details of the election systems that these officials have set up. i do not think election officials should be able to set up rules and laws on the fly. there should be distinctions made. the judicial system is going to have to make those distinctions and we should respect and try to preserve the rule of law as this goes forward but we should not be the least bit shocked or surprised it will end up in the courts in these states. >> sandra: leading up to this election we talked so much about how the pandemic was such a central focus for so many of these states and both candidates on the issues. the president's handling of it and the former vice president joe biden really hammering the president on his handling of it.

but you in your new op-ed this morning, put that on the screen on voting issues related to covid. an interesting angle. you say the covid-19 pandemic gave joe biden an issue to run on and gave us the mail-in vote fiasco. we're in this mess for one reason the covid-19 pandemic. if it hadn't been for covid it would have been a normal election with donald trump's policy record producing a second term. that is an interesting angle to all of this because that is why we saw so many changes and why two days after the election day you are making the point we don't know who the next president is. >> that's right, sandra. i think i'll hold to that. look what happened the surprising event out of this election is that the republicans are likely to hold the senate, they made gains in the house of representatives and making gains in legislative state houses around the country. nobody expected that. obviously the voting for the

republicans was going to be very strong. the one issue joe biden had running against donald trump was his early handling of the coronavirus. obviously it troubled a lot of people. because of the panic over the coronavirus and covid-19, we instituted mail-in voting. a procedure that is unique. we never tried it before. many of us we talked on this program, you guys talked about it, we knew there were going to be problems. the postal service said there would be problems. they didn't do anything about it. we've just waltzed into enormous mess and probably end up with the courts having to decide how it came out. >> sandra: somebody saying how come florida got it so right? florida learned their lesson back in 2000 and made changes. dan henninger, great piece this morning. thank you so much. and keep it on fox news as we await the final results of this historic presidential election. our special coverage continues with bret baier and martha

maccallum beginning at 11:00 a.m. on the fox news channel this morning. >> trace: the fight in battleground wisconsin as the trump campaign calls for a recount. sean duffy weighs in on that just ahead. >> it is something that is obviously legal and people have the right to demand a recount and if that happens we'll be patient and we have great people at the elections commission that will supervise that process. use a single hr software? nope.

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>> trace: the trump campaign now demanding a recount in wisconsin as current vote totals show the president trailing joe biden by about 20,000 votes with 99% of the ballots reported. let's bring in former wisconsin gop congressman and fox news contributor sean duffy. always good to see you. there have been some reports of voting irregularities in your state. the trump campaign and some others have pointed to this, they say poll workers quoting here corrected or added information to the ballot itself. we estimate that 15 to 20% of absentee ballots in milwaukee county were tainted in this manner. these accusations haven't been validated but i guess for the sake of argument it is worth

taking a second look at all these ballots. your thoughts. >> absolutely, trace. the trump campaign is smart to do this and also in wisconsin usually we have about 68 to 70% voter turnout in races like this. it appears that there was an 89% voter turnout in tuesday's election. incredibly high and begs some questions as to what happened there. there could be reasoning for what happened in wisconsin. we could have had -- we have same day registration in our state so we could have had 500 or 600,000 people register on tuesday to vote. that could explain it away. the trump campaign is smart to go through a ballot count with our electors and an opportunity, trace, to actually subpoena witnesses and documents. so we can look and see what happened in places like milwaukee and dane county. we have some precincts more ballots cast than people registered to vote. that's a telltale sign that something is fishy in the

electorate. >> just to clear it up. the 89% number so we have balance and clarity. they have been stating it. the state is saying they're doing different math. they're dividing the number of people who voted by registered voter. what the state does is divide number of people who voted by total voting age people. that's where the discrepancy comes in. again, we have not confirmed those numbers are what they are. that's what the state is saying about this. wisconsin's top election official says there is no opportunity to add additional votes to the tally because you have to make sure that everybody is registered to vote. but they have a lawful absentee request on file or that they signed the poll book where they showed their photo i.d. there is no opportunity to count a ballot that did not go through that incredibly meticulous process. then you have former governor scott walker tweeting the

following here. after a recount in 2011, race for wisconsin supreme court there was a swing of 300 votes. after a recount in 2016 presidential race in donald trump numbers went up about 131. in all it makes this kind of a heavy lift as far as the recount goes in your state. >> so as we do the recount, trace, i think it's hard to say we'll find trump ballots that were counted for biden. that did not probably happen in our state. that's why you see these small numbers in recounts. but i do think the campaign will have a chance to go back and look at whether there were -- these were legitimate votes. we didn't have dead people voting or people who moved out of the state or university students who are no longer in our states that went home because the university conducting classes by zoom. those can move numbers if there was fraud in that space. actually moving ballots, that is pretty unlikely and i think governor walker is right on that. >> trace: what i hear you

saying the recount thing is not so much to get more votes for the president. it is really to kind of shine a light. to put some skepticism on the entire process, is that fair? >> i think we want to look at the electors and see whether they followed procedure. answer questions in a recount. in milwaukee they'll have to answer questions where the votes came from and i think it's important we go through that process. it was probably fair and legitimate and probably answers. to ask the questions when you have a race so close. the totals were decided by .6% in our state. 20,000 votes. we should ask and should look. i think the trump campaign is spot on to do this and we should have an answer hopefully in two weeks what happened in our state. >> trace: a second look will happen. good to see you as always. thank you. >> sandra: now with control of the house and senate likely staying the same, is there any hope for a new stimulus deal? we'll also look at the market

reaction two days after election day. maria bartiromo will weigh in just ahead plus there's this. >> time consuming process, we're trying to make sure every ballot is counted and we expect to be here. we're bringing in more fresh people. we've had people here all day. >> sandra: votes still being counted in battleground georgia. but the trump team is now raising concerns about that process. a live report on the lawsuit that the campaign has now filed against that state next. alright, everyone, we made it.

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president remain contested. >> sandra: the u.s. topping a record of covid-19 cases. more than 100,000 positive cases were reported yesterday. download the fox news app. take a picture of the code at the bottom of your screen to get started. >> trace: meantime the race tightening in georgia this morning. president trump and joe biden separated by less than a half percentage point there. as the final votes are tallied the trump campaign has filed a lawsuit against the state asking a judge to let them insure that absentee ballots are being properly counted. jonathan serrie is live in atlanta. good morning. what's the lawsuit seeking exactly? >> good morning to you, trace. similar to lawsuits the administration -- campaign is filing against other states. essentially demanding better access for election observers at processing sites and sights where they are tabulating the votes.

i should point out here at this processing site set up in fulton county, georgia. we've seen plenty of observers representing both democrat and republican campaigns. here in fulton county election workers originally had hoped to finish processing all of the ballots overnight. but they ended up working through the night and they continue into this morning because these are physical mail-in ballots. the procedure for recording them is labor-intensive. >> the cutters and extractors have to cut through two envelopes. you run through it twice. then it goes over to the flatteners. that's a manual process over there. >> early this morning neighboring decal be county completed its count including more than 47,000 ballots cast in person on election day, more

than 195,000 advance ballots and more than 127,000 mail-in absentee ballots. although georgia trends republican, democrats are holding onto hope because these counties still counting ballots are in the metro atlanta areas representing urban areas of the metro area which generally favor democrats, trace. >> trace: jonathan, thank you. >> sandra: wall street rallying despite there being no clear winner yet for the race to the white house. up 409 points the dow at this moment. this marks one of the biggest three-day gains since early june that we've seen so far on election week. let's bring in maria bartiromo host of mornings with maria. there has been a rally that is happening right around election day here after that big sell-off in october. so what is the market pricing in and telling us considering markets look out to the future?

>> yeah, you would think, sandra, that uncertainty has markets lower but the truth is what wall street is expecting is a divided government and divided governments are always a positive for markets and what they mean in this particular case is that the biden/bernie sanders unity task force will not be able to materialize. that's the bottom line here. if you look at the real specifics here you talk about no tax increases of 4.3 trillion getting through the senate. no overturn of the filibuster. no filibuster repeal. no green new deal, $100 trillion dollar sending program. no public option. it's a positive. you see money move into stocks. with republicans holding the senate investors think even if joe biden wins the presidency he won't be able to get through some of these progressive ideas.

we could see some business get done during the lame duck session. >> sandra: when it comes to getting done on stimulus mitch mcconnell is hopeful that we could see something happen. watch. >> clearly the coronavirus is not gone. in fact, we've got it worse now than in the spring. that's job one when we get back. hopefully with a more cooperative situation than we had. >> sandra: any truth to that? you think this means there is new hope for a stimulus package to get done, maria? >> yes, i do. i think it will be a lot smaerl than what we've been discussing. but there is a feeling that we'll see the paycheck protection plan get fired up. that would be a positive for restaurants, commercial real estate industries and others. that's one thing investors are counting on. but when you talk about this

directed, targeted program. you are talking about something $800 billion, $900 billion, not the $2 trillion we were talking about earlier. you are also getting speculation in joe biden were to win that the biden administration would work with treasury to take more risk on the main street loan programs as well. that would sort of be a backup to the stimulus. yes, there is definitely conversations happening that we will see something happen in the lame duck session and longer term maybe an infrastructure package could get done as well. >> sandra: any other time i would be talking to you and putting a number like this on the screen new weekly jobless claims out, 751,000. that is historically no doubt about it still a very high number but that number did edge lower. we're in a pandemic and we know this is still a tough economic recovery. but what does that tell us about where we are in that recovery? >> well, it tells us that we certainly have perhaps seen the

worst and we are back in growth mode but we're still very much talking about people out there who are hurting. and claiming unemployment benefits and that's why the conversation around stimulus will not go away until we actually see movement there. don't forget we have the jobs numbers out tomorrow from the labor department. we expect similar numbers. expectation is for 600,000 jobs created in the month of october. that's what's priced into the market now. again indicating we have passed a corner, perhaps have seen the worst. we saw 33% gdp number last week but we're still in a period of hurt for many people and definitely need to see continued signs that things are getting better, sandra. >> sandra: dow up 435 points on this thursday morning. great to see you, maria. >> trace: we still don't know who our next president will be. it is coming down to a few key battleground states. how suburban women in those states could make all the difference next.

plus how maine senator susan collins managed to keep her seat after a serious challenge in a very tight race against democrat sarah gideon. >> i will serve you with all my heart. i will work hard for you each and every day.

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>> trace: senator susan collins won reelection in maine yesterday defeating the challenger in a tight race. the republican faced backlash from some in her state for her moderate positions. her victory is key for republicans trying to insure the party maintains control of the senate. >> sandra: fox news voter analysis shows biden winning crucial battles in these suburbs with the race to 270 hinging on just a few key states. suburban women are playing a huge role in the election so far as we predicted helping give the former vice president

a big lead nationally with the president among women. let's bring in brad blakeman and leslie marshall. good morning. leslie, i say as predicted because just about every prediction heading into this we knew female vote would be crucial to the outcome of this election. what are we seeing on that front so far when it comes to both candidates? >> well look, donald trump certainly has lost women since 2016. but i can't put it all on the president. since 1980 women have just been election cycle after election cycle moving to the democratic party. what i think happened this time in 2020 is that it really came down to issues like covid and healthcare. women are caretakers typically and the number of women voting compared to men. you just have to look at that percentage. 91 to 92% of african-american

women or women of color that voted for biden. i think one of the things the president did that was very wrong is he had some antiquated remarks like getting their husbands back to work, attacking female moderators or well respected female journalists like lesley stahl. >> sandra: we know president trump campaigned hard for suburban women. will you please like me. here is the fox news voter analysis on the national suburban women vote. biden 59% to donald trump earning 40% as far as that shows. what did you think of the ultimate turnout based on how hard he campaigned? >> look, with donald trump it's always a battle between rhetoric and results. you might not like what he says but you should very much like if you are a woman what he has done, his record. who he surroends himself with

and gives position to. extension of childcare, family leave. historic 75-year unemployment rates for women, whether it's law and order, whether it's keeping the peace or withdrawing our troops. if you look at his record and especially with regard to women issues that are concerning them, then he should be running away with it because the alternative for women should be unthinkable. you know, obamacare is destined for failure and the one size fits all of universal healthcare system is not going to be any better for women than it will be for anybody else. when government controls things they the end not to do it well and so i think that again if you look at the president's record on women's issues and other things, suburban women i don't care where you are, city, suburban, rural, you should be satisfied with what donald

trump has delivered because promises made were promises kept especially for women. >> sandra: michigan congresswoman debbie dingle made it clear she believes female turnout is what put biden over the top in her state. listen. >> i have been out there talking to people. i've been looking at the numbers. women came out and made a difference in far larger numbers than they did four years ago. when all the votes are counted and every single person across the country a methodical, calm, pure way joe biden will win. >> sandra: eventually both campaigns will look back and really dig into the details and see what, if anything, they should have done differently. but is this what led to victory for joe biden in that state? >> i think very possibly. look, you have to remember over 50% of michigan people love their governor. president trump had made a lot

of attacks on their governor who happens to be a woman. women don't like that. as a woman i don't like the attacks on women. something else that came up is another very conservative judge seated on the bench when a majority of women, even if they're pro-life, want roe v. wade to stay put. i think that brought out some women. we saw a lot of first-time voters not just in michigan but in other states. a lot of women, younger women especially registered to vote for the first time. so women -- >> sandra: what i don't hear you mentioning is the economy. we know pocket book issues are essential for the female boat. >> if there aren't lessons learned we made historic inroads in hispanic and african-american voting, we need to expand that and we have to have lessons learned and if you don't learn a lesson shame on you. we need to understand where our

deficits are and work on them. >> sandra: we'll leave it there. thank you to both of you. appreciate your time this morning. >> trace: president trump defying the critics again. why some republicans fear that he would be a drag on congressional races and it does not appear to be panning out. we'll look at where things stand right now plus the trump campaign filing a lawsuit in a key battleground state laying the ground work for a potential supreme court fight. we'll talk to former assistant u.s. attorney andy mccarthy just ahead. >> in wisconsin mysteriously at 4:00 in the morning about 120,000 ballots appeared. we have no idea if they really are ballots. this is the way they intend to win. an air force veteran made of doing what's right, not what's easy. so when a hailstorm hit, usaa reached out before he could even inspect the damage. that's how you do it right. usaa insurance is made just the way martin's family needs it

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now contesting ballot counts in several states including pennsylvania as the campaign is suing to overturn a supreme court decision allowing ballots received after tuesday to continue to be counted there as long as they are postmarked by november 3. the president on election night vowing a supreme court challenge over how some states are handling ballots. former assistant u.s. attorney andy mccarthy calling the president's quote a legal blunder and he joins us now and also a fox news contributor. in that piece we should start off by saying the wee hours blunder. you write the political part of the election is at an end. the president can do no more at this point to persuade voters. if we're headed into a litigation phase he should leave public statements to his capable lawyers. this is not a situation where he or the country will be well served by his penchant to wing it in an incendiary way. expand on that if you would.

>> here is the field that they're playing on, trace. the part of the election where you convince the electorate to vote for you is done. and that -- all those votes are in a box and being counted and it will come out however it comes out. to the extent that he wants to litigate what votes should count and which ones should be inspected and whether there has been fraud the audience now isn't the electorate, it's the court. in particular with the supreme court, you are looking at a tribunal that if we take a step back for the last three weeks it has shown again and again that it doesn't want anywhere near this election. it has really tried to resist getting involved in the pennsylvania case. so i think for the president to say things that are provocative at this point only strengthens the hand of the contingent on the court that doesn't want any part of the case.

and what has to happen now is the court has to get a compelling legal argument that they need to take this case and straighten out what the rules are about which votes should count. that's a straight, calm, compelling legal argument. and turning up the heat politically does not help persuade the judges and actually probably does help the judges who don't want to take the case. remember, the supreme court does not have to take cases. it is in charge of its own docket. >> trace: going back jonathan turley agrees with you. he went on about the president's rant but went on to say this, watch. >> we don't have evidence of widespread fraud in pennsylvania. we do have irregularities in various states. we do have laws that were changed shortly before the election. pennsylvania has a serious issue in terms of those laws being changed shortly before the election.

>> trace: the addendum you sent out to us and i want to make sure we have this right for the pennsylvania lawsuit that possibly go could back to the supreme court. we don't know if the trump campaign can actually join that case and two, if i've got this right, like you say there might not be an appetite in the supreme court to take on this case. >> yeah. well, i think as far as the campaign is concerned, trace, they certainly have the court's attention because the justices did last night issue an order directing the respondents in that case, the democratic party and secretary of state of pennsylvania to respond by close of business today to president trump's campaign's motion to enter the case as a party. so that doesn't reach the merits of the case, but obviously the court is not ignoring this case. they want to get a response by tonight and they realize that i guess if they are going to touch it at all, this is an

exigent circumstance and they have to get on with it. >> trace: thank you, sir. >> sandra: we are still waiting on final results from four key battleground states at this hour. a biden win in any of them would put him over the top. we will take a spin on the touch screen. look at the electoral map and break things down on each side's path to victory. ♪ ♪

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>> sandra: handful of swing states still undecided at this hour with millions of votes yet to be counted in this race. president trump is facing an uphill battle planning legal action as democrat joe biden closes in on the 270 electoral votes needed to claim victory. welcome to a new hour o," i'm sandra smith. >> trace: i'm trace gallagher. it is not over until it's over. you've heard it before two days after election day and neither candidate has the votes yet to win. former vice president biden is behind in pennsylvania but closing the gap as mail-in ballots are being counted. president trump is ahead by a razor thin margin in georgia with less than 100,000 votes left to count. >> sandra: the race the too close to call in north carolina. the deadline to receive absentee ballots had been extended to november 12th.

>> trace: demonstrators in los angeles chanting count every vote as we wait for the latest results in nevada. >> what we have left now is to process provisional ballots, electronic ballots sent to overseas voters and those processed for disabled voters, and also some special ballots for new residents. >> sandra: we have fox team coverage. john roberts at the white house, mike tobin in wisconsin, eric shawn in pennsylvania. james freeman standing by. chief white house correspondent john roberts starts us off with an update an team trump. what's the campaign saying about the state of the race this morning? a press conference has been announced on behalf of the campaign. >> a couple of press conferences. apologies for not looking into the camera. i was checking some information. the trump campaign is saying that it won pennsylvania, 10:15

this morning there will be a press conference and we'll be watching for that. pam bondi saying fox business a short time ago an appellate judge entered and order saying we're to be immediately let into the convention center with six-foot distancing of all aspects of that vote counting effective immediately so that we can observe those votes being counted. this was a big sticking point for the trump campaign that they were being kept across the room. they were being allowed to look through binoculars at what the vote counters were doing but not in any meaningful way being let near the ballot to check to see whether they were valid or not. as they declare victory in pennsylvania, that has yet to be determined. we should point out. the lead that the president has has been narrowing significantly. the numbers in arizona are narrowing and beginning to narrow in the president's favor. the president picked up 11,000 votes.

there are 68,000 votes that separate him from joe biden. and the trump campaign believes that there are still enough outstanding votes to put the president over the top. listen to what ronna mcdaniel said earlier today. >> we do, arizona still has a significant amount of ballots that are out. they were election day or close to election day ballots where the president had a significant margin and pennsylvania. so we feel like there is absolutely still a path and we are going to fight in these states where we're seeing voting irregularities. in michigan they put up boards so we couldn't watch. >> the president saying stop the count. the trump campaign filed a number of lawsuits, one in michigan and pennsylvania to stop the vote counting until republican observers are given meaningful access and that's what pam bondi and corey

lewandowski. the president says stop the count. on the other hand saying our lawyers have asked for meaningful access. what good does that do? the damage has already been done to the integrity of the system and the presidential election itself. this is what should be discussed. the other thing the trump campaign is doing in pennsylvania is joining an existing suit at the supreme court that would eliminate the three-day extension to count mail-in votes. the trump campaign saying we have won pennsylvania. they aren't going to take it away from us by bringing in ballots later than november 3. supreme court hasn't said whether or not it will take up this suit. with the trump campaign intervening that may add the pressure. sandra. >> sandra: john, can you tell us more about the nevada lawsuit that the campaign is going forward with this morning? >> all right. let me stop my head from spinning and see if i can nail that one down for you. in nevada there will be another lawsuit filed. not one to stop the count.

a lawsuit to make sure no illegal votes are counted. the trump campaign insists there are as many and perhaps more than 10,000 votes that were cast by people who were no longer living in the silver state. we'll hear more about that one at 11:30 eastern time today. rick grinnell will be leading a news conference to tell us what's going on there. that's all i have for now, sandra. >> sandra: you're doing great. hang in there john roberts live at the white house. >> trace: the trump campaign is filing a lawsuit in pennsylvania among its reasons it's demanding better access for observers to locations where the ballots are still being counted. karl rove says experience has taught him the importance of oversight in this process. >> i've been through this twice in philadelphia and twice in wayne county. you have to have lawyers, you have to have poll watchers and you have to treat it seriously because i don't believe there is massive fraud where millions of votes are being taken but i think there is a problem in the big cities where you better be

looking at them or something bad may happen. >> trace: eric shawn live in philadelphia. good morning to you. >> good morning. let me pick up with what pam bondi said. appellate court judge ruled in favor of the trump campaign. at the convention center the poll watchers both sides have been kept 25 feet away from the video that we see of the opening of the ballots. one republican complained to me about that. that is a win. they can go within six feet social distancing. this race has gone from the counting room to the courtroom landing in the courtroom here in philadelphia. >> i don't care if you are superman with x-ray vision you can't see 25 feet away whether that person checked off biden or trump. nobody telling us explaining what's going on. it is like okay, just sit down. >> that's a poll watcher,

republican poll watcher here to monitor the vote. he told me he couldn't see a thing from being 25 feet away. his democrat counterparts also restricted from that. apparently because of that new ruling in the last hour they will be able to get closer to the vote counting when those ballots are opened. but a federal judge has said that observers are here to observe. they are not to audit the vote. we're looking live now at that counting that is continuing. pennsylvania democratic governor tom wolf had harsh words for the trump campaign and the lawsuits they're filing here in pennsylvania. he says the process is transparent and honest and he slammed the trump moves. >> these attempts to subvert the democratic process are simply disgraceful. we are going to fight every single attempt to disenfranchise voters. we will continue to administer free and fair elections in

pennsylvania. let me be clear, in pennsylvania, every vote is going to count. >> the president tweeted that here in pennsylvania, quote, they won't allow legal observers. that certainly is not true. there is a time-honored legal accepted process for those observers to monitor the vote here. now they can do it closer from 25 to 6 feet. trace, back to you. >> trace: eric, thank you. >> sandra: what are the most likely paths to victory on each side? fox news contributor james freeman is here. member of the "wall street journal" editorial board. good morning. important to let everybody know where things stand as far as what has been called and what is still open as far as battleground states. i fill in alaska red. that hasn't been called but it is leaning towards president trump, a state he secured those three electoral votes four years ago. here is the screen considering

that. 217 to president trump. 264 to joe biden. in the gray are the four battleground states yet to be called. all joe biden would need to claim victory for 270 electoral votes is win nevada. that would bring him to an even 270 on this map. however, if i open up the screen and look at a path to victory for donald trump, james, i'll bring you in on this as i color in red, he would need all four of those outstanding battlegrounds, nevada would then put him over the edge 271 if he indeed were able to secure victory in georgia, north carolina, and pennsylvania. is that a likely scenario or is that a narrow path for the president at this point? >> well, you mentioned pennsylvania, north carolina, georgia. obviously some litigation in some of these places but currently the president is ahead in the count in all three of those states. so i think certainly he would

think he has a reasonable chance to prevail. nevada, mr. biden ahead in the count there. we should note also the trump campaign has noted that arizona count tightening. moving in their favor. not as close as nevada. but if it's a possibility that mr. trump ends up pulling it out there in arizona, despite expectations, then he wouldn't need nevada. but yeah, he pretty much just about needs to run the table, president trump does, to complete the victory here. >> sandra: it's a great point, of course. we have called arizona for joe biden but you reference the vote totals. might as well show them. 88% of the votes have come in there. the difference 68,390 votes. the president now tallies over

1.4 million votes in that state. but to your point about nevada, because you know they are particular about the way that's said, i bring this up, james, because i want to zone in on a couple of the counties that we're watching such as humboldt county at this point. donald trump does have a pretty decisive victory so far in that county but we're still waiting for more reporting from this state. 75% there. you head over to this county, high voter turnout in both of these red counties in that state. but james, something that we were noting, 77.2% goes to president trump in this county. if you compare that to that county back in 2016, he is still behind where he led in some of those counties four years ago. so what more can you tell us about nevada and what we're learning about that state at this hour? >> well, i think it's another one of those states that maybe

we in the media industry ought to be very careful about making predictions because this is a state that people kind of saw as really trending democrat and i think trump's strength in that state this year is stronger than expected. you could say that about a lot of places in terms of polling predictions. but he obviously does seem to have run stronger particularly among the hispanic population in various places around the country. i think i'm sort of loath to make predictions. but what you see in the numbers is a very tight race so far and obviously we'll have to see how the count goes and as you said, i think a lot of people despite predictions want to see what the final tally is in arizona and a lot of these places. we should mention we're assuming with all of this that the biden -- that mr. biden ends up -- that he has won

michigan and wisconsin. we should note there that there is a legal challenge in michigan on behalf of the trump campaign in terms of the process and observing the vote counts, etc. and of course there will be a recount in wisconsin. so those look like biden states but let's see how it plays out. >> sandra: i brought up clark county, las vegas watching this state as we'll get more reporting from nevada as the day goes on. and you do look at joe biden leading there 52.9% of the vote and again you can't compare it to hillary clinton's lead back in 2016. she led that county by a greater margin. so just some of the things that we can read as we look further into nevada because this could be the decisive state in all of this. i bring back the entire map, james, to point out when we do that path to victory for joe biden to 270, if he is able to claim victory in nevada, that put nebraska, that

congressional nebraska in play. the one electoral vote going to biden could make all the difference. >> it absolutely could. just on your las vegas area point, a lot of hospitality workers obviously there and a lot of people who probably are not really enthusiastic about shutdowns. so i think you wonder if those closing moments of the race where president trump drew the clear distinction between mr. biden being open to more shut downs and mr. trump saying i'm the reopening and revival candidate might have made a difference. we'll see in that area around las vegas where people really so many of them depend on tourism and travel and hospitality industry. >> sandra: james, i have the screen back up to remind everybody 264 to 214. we await more data at this point. from the trump campaign they're about to hold a press conference and bring pam bondi

in here. what is the strategy going to be? the tweet from the president stop the count. how do you see this going forward in the hours that lie ahead? >> well, we just heard that they did win a judicial decision in terms of allowing better monitoring or observation of the counting. i think this is -- these are legal questions but also a political issue. how long do people tolerate it and say let's just -- say enough of the litigation? i think the fact he has won a round gives more strength to his argument that there may be procedural issues here and so we'll see how it plays out and he will get his day in court. >> sandra: as we show the live counting still going on. pennsylvania, 87% of the vote total in. the difference now just over

135,000 votes. so we are awaiting more data, more reporting to come in as the day goes on. james freeman. thank you. fox news is your election source. special coverage kicks off next hour with bret baier and martha maccallum. the latest information on the ballot count in the battleground states. that will begin right here at 11:00 a.m. eastern time on the fox news channel. hard to believe here we are two days -- maybe not. maybe this is where we expected to be. two days later no decisive victory for either candidate. >> trace: the president said after vote that came in after election day will not be counted. that's what you have this fight in pennsylvania and the supreme court has not decided whether they will take that case back again. right now votes that come in after election day are being counted. >> sandra: we know there will be this press conference with pam bondi. there is also going to be a phone call with the campaign manager from the trump campaign bill stepien a short time from

now. >> trace: the pr war is as important as the legal vote. the fight to make sure every ballot is legal. how the courts could end up deciding the winner is next. >> they aren't going to steal this election. this election is decided by the people. it's still warm. ♪ thanks, alice says hi. for some of us, our daily journey is a short one. save 50% when you pay per mile with allstate. pay less, when you drive less. you've never been in better hands. allstate. click or call for a quote today. balanced nutrition for strength and energy. whoo-hoo! great tasting ensure with 9 grams of protein, 27 vitamins and minerals,

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>> this is a concerted effort of the crooks that run the democrat party. and you know these big city -- are crooked. you know that. 20 years, 30 years, 40 years, 100 years of one party rule leads to corruption. of all kinds. voter fraud is one of the biggest because that's how you keep your power. we're not going to let them get away with it. >> trace: the trump campaign filing lawsuits in multiple states to make sure every vote that's counted is legal. case in point pennsylvania where the counting continues. another round of results expected any moment. we're expecting to hear from the trump campaign shortly. let's bring in alex vogel. recount lawyer for bush/cheney and counsel for the republican national committee. just a short time ago the

president tweeted any vote that came in after election day will not be counted. of course, that's what we're talking about here because they are counting those votes in pennsylvania. in your estimation these lawsuits going forward in pennsylvania and in georgia and in michigan and now this one that is rising up in nevada, do they stand and do they have a case? >> they're important. let me break it down this way. there is really three different pieces to this. there is the recount request in places like wisconsin, which that's totally normal and any campaign within the required margin can and should do so. then there are the operational challenges and lawsuits like the observers. then there are the structural arguments. the structural cases should ballots be counted that came in after a deadline. can deadlines be changed? those are the ones to watch. they have the ability not just to move a single vote or two but large blocks of votes.

look, the reality is there is a legitimate conversation going on which is now making its way through the courts. the supreme court has punted on it once over whether or not they can change the rules. one of the challenges is in the rhetoric. i don't think it should be around stopping the count per se. as long as those ballots are segregated but it is important that happens and the campaign asserts its rights because the reality is if they don't and those ballots are all mixed in it gets very hard to unwind later on. >> trace: just so we're clear on this when you talk about changing the rules, what they're saying in pennsylvania, the allegation is that the republican-controlled legislature in that state set the guidelines for the election and then the election board and democratic governor change that. a lot of legal minds said you can't just come in and change what the legislature has set in place. that's what they are hoping the supreme court will take up again sometime in the next few days, right? >> that's correct.

it is a relatively narrow issue around who has the authority to do it. one of the things that is important here is in a lot of these places like pennsylvania, they really opened themselves up to this kind of legal vulnerability by talking about and now trying to change some of those rules. >> trace: there has always been this question. you talked about these other aspects of lawsuits. there have been some questions about transparency as well in pennsylvania, specifically letting, you know, republicans watch the process. here is a pennsylvania congressman who is fred keller. listen to him and i'll get your response. >> he should have no objection to having it observed and have people watch what's happening in the open rather than wanting to do things as he has done them for the past several weeks when it comes to election law, that is make his own rules without the input of the people's house, being the legislature and the commonwealth. >> trace: when he says he, he

is talking about the governor, tom wolf. >> transparency is really important and a key feature of our democracy. one of the things that government needs to do is make sure that people have confidence in the process and you do that by allowing people to observe not just-not just rupt by just observing. when i see windows being covered or fights whether or not one side's observers are being removed it is unfortunate and calls into question what is actually happening. so i do think those are places and we've seen this this morning already. one court has already ruled in the trump campaign's favor in that regard. transparency is our friend here. i think all sides would be wise to open the window, so to speak. >> trace: great information. thank you, sir, appreciate it. >> thank you. >> sandra: a live look now in philadelphia where a press conference is about to begin. the trump campaign announced about 15 minutes before this

was actually happening that it would be holding a press conference there in philadelphia with former florida attorney general pam bondi as you can see in the center of your screen there and campaign senior advisor corey lewandowski screen left. this is now beginning. let's listen. >> they gave an order allowing immediate access to our team to observe the voting process. immediate access. so our team of 15 people will be let in right now to observe the vote counting process. this is very important because as you know, they have turned away 30 to 100 feet. they had a guy in there wearing a badge not a law enforcement officer keeping people away. this is not a matter of secretary of state or superviseor of elections. the u.s. constitution and under

the pennsylvania constitution the legislature has the right to make these laws. they must be followed. we plan on entering that building right now and observing the voting process. if there is one illegal vote that is cast, this takes away from the great men and women of pennsylvania who came out to vote legally. thank you very much. corey lewandowski. >> democracy dice in darkness. this is the opportunity to shed light on what is going on inside the building. our observers will be six feet behind people counting the votes. this is a win that cast a legal ballot in the state of pennsylvania. we'll go in here right now and start watching what's going on. no from 30 feet away or 100 feet away, from six feet away. this is a win. what you will see is the democrats are going to try to stop this from happening. they will appeal this decision. they don't want the american people to know what's going on

when in here. time to go in and put light on is what happening. thank you for being here, guys. >> whether you're a democrat or republican all these folks across the street you should be allowed to know that your vote is processed. that's why this is so important for all parties involved. thank you. we will get our people going through. >> sandra: pam bondi holding a court order saying that they are now going to enter that building. we are planning to enter that building right now saying they have received a court notice that they can now enter the building and observe the mail-in ballot processing that is happening. they have been fighting for this. corey lewandowski making the case as well on the part of the trump campaign and they will now head in according to the trump campaign. >> trace: not to say there is nefarious activity going on within the counting of these ballots. i don't think that's the allegation. what they want to do is want

the transparency and make sure there is nothing ill advised that is being and going on in these ballot -- in these counting places and that's the process here. the bigger question is, will they get their wish as the president tweeted earlier to stop the votes being counted after election day. that may go back to the supreme court. the supreme court has not decided if it will take that up. that is the key question because that will be the pivotal part if this comes down to a few votes. >> sandra: appeared she was getting downed out a little bit there. we'll continue to monitor the situation. joe biden is the apparent winner in the state of wisconsin. the trump campaign says it will fight for a recount. brand-new reaction from wisconsin's republican party chairman next as we also hear from the state's governor. >> the trump campaign wants to have a recall. they'll have a recall. they have that right. we'll get that done and move forward.

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♪ [ beeping ] [ engine revs ] ♪ uh, you know there's a 30-minute limit, right? tell that to the rain. [ beeping ] for those who were born to ride, there's progressive. >> trace: joe biden is projected to win wisconsin with a razor thin margin of victory. he is holding onto a narrow lead of just over 20,000 votes looking to pick up the crucial swing state and its 10 electoral votes. the trump campaign is asking for a recount as biden predicts the final tally will be in his favor. andrew hint is the chairman of the wisconsin republican party. he will join us but first mike tobin in milwaukee. what's expected to happen where you are this morning?

>> the canvassing is just getting underway right now as it is all across the state. important to note this is not a result of the demand for a recount. this is will certify the election. it will happen this time with a great deal of attention. as you have the wisconsin -- administrator of the wisconsin board of elections and dim democratic governor of wisconsin pushing back at president trump's criticism of the integrity of the wisconsin voting process. >> our elections officials work so hard and for the president of the united states, without any data to support him, to talk in that way about our elections officials and our clerks and our volunteers and our national guard. >> the canvassing board consists of a county clerk and

two other members. must be opposing party participating. the county clerk is republican. one member is republican. third must be a democrat. a long and tedious process that needs to be completed by november 17th. here in milwaukee county they'll get it at the deadline. enough time for the state board to certify the election. historically these recounts, canvassing do find voter irregularities but move the needle only a little bit. in 2016 when the clinton campaign demanded a recount they found 131 votes in favor of donald trump. trace. >> trace: mike, thank you. >> sandra: let's bring in the wisconsin republican party chairman. good morning to you. give us an update on where things stand. we obviously just saw the press conference with pam bondi and corey lewandowski holding up a court order and entering the building and what happens next? >> well here in wisconsin we want to make sure that we have

an accurate vote. we want to make sure that we have an integrity to the process. the president got 1.6 million votes here in wisconsin just over that. the most votes a republican in this state has ever gotten. we got 200,000 more than he did in 2016. so it was a monumental effort by the president's campaign and the rnc and chairwoman and the republican party of wisconsin. we want to make sure it's accurate th. canvas is the first step in that process. >> sandra: more from the wisconsin governor tony evers on the recount. listen. >> it is something that is obviously legal and people have the right to demand a recount and if that happens we will be patient and we have great people at the elections commission that will supervise that process. >> sandra: scott walker says

having eefpg out in the 2011 race for the supreme court there was a swing of 300 votes. after the presidential race in 2016, 20,000 is a high hurdle. #election 2020. what is your expectation from this? >> well, that's why the canvas is so important. the first step in that we're really checking to make sure that the number of ballots match the poll book. we want to make sure that the tabulations were done correctly. that is where you could see some substantial difference. we didn't see those in past elections as governor walker mentioned but that's the first step right now. as they are doing that, we are meeting with our election day observers, going over their notes and their team everything they witnessed and everything we worked through during the day on election day. we're hearing reports of no photo i.d.s.

hearing reports of poll workers telling voters to vote for the candidate with a b in his name. these are the things that we're putting together right now as they are doing a canvas we're looking for those systemic issues that may change the outcome of the election. >> sandra: did you expect that we would be here two days after election day? >> i always knew this race was going to be close in wisconsin. i mean, we had the voter suppression polls out there. the abc poll saying that joe biden was up 17 points in wisconsin. it was ridiculous. the marquette poll here in wisconsin had the president down by five. we knew based on the energy, the enthusiasm, our numbers that this ways ras going to be close. we anticipated a close race. we built our legal teams out as a result of that. we made sure to have the most robust election day operation that we have ever had in the state of wisconsin with resources from the rnc. we always have a robust process but we had more resources this

time. we're ready for it and make sure that this vote is accurate and hopefully we will reelect the president this year. >> sandra: appreciate your time this morning. thank you. >> trace: post election rally. the dow is surging even though we don't have an election winner. what's fueling the rise in stocks? charles payne on deck with some insight next. veterans: you know mortgage rates have fallen to

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the annual enrollment period is here. the time to choose your coverage... >> sandra: georgia state officials an update from atlanta. >> clayton county 7,408. cobb county approximately 700. floyd county 682. forsythe county 4,713. fulton county 11,200. gwinnett county 7300. harris county 3,641. lawrence county 1,797. putnam county 1,552. taylor county 456. for a total right now of approximately just over 60,000 votes. the anticipation is we'll continue to go through the process throughout the day and

into the evening if necessary. i know there are a lot -- fulton county being one of those to process these as they have knocked their numbers down to 11,200. we anticipate getting through this process today. one of the reasons that our friends in chatham county take longer. their voter registration is separate from elections division and they handle different sides of the absentee ballots and the reporting process. one of the things that held them up. i anticipate getting the majority of the 17,000 in today as well. so with that i want to thank you all for being here and answer any questions. we'll start with justin over here. >> can you explain to us why that number seems to be such a moving target, the number of absentee ballots? >> as i said earlier, all the ballots have come in by 7:00 p.m. on election day had to be logged in. now at the same time they are making reports on the other side. so they are drawn from let's say there are 10,000 ballots.

they report 2,000 ballots. they add 1,000 and you have 9,000 ballots. the number of potential votes will grow and change. what we're seeing now that number stops growing. 250,000 yesterday about this time to 60,000 today. [inaudible question] >> several things that work on the system. the biggest one is we have paper ballots. a record of what has occurred here. any questions you can go back to do an audit and recount. in many places everything is open to the public. we have poll watchers. in places like fulton county they placed a monitor. we had investigators about how the ballots would be handled and move forward. it is frustrating. time when everybody else is

done you are just like florida has more to count than we do. it doesn't matter as much. we have a much smaller margin and we are oef aware of the fact. the county election officials feel the pressure and they understand and they're working hard. my hats are off to them to be under this level of scrutiny. they are all doing extremely well. and these are 159 election directors and employees here to do the job of protecting democracy. when you go to talk to them they think about that. they think about the votes of every person in this room and around the country. these are people that are not involved in voter fraud. these people are not involved in voter suppression. i'm telling you they are doing their jobs every day as hard and we thank them for it and work with them to make sure every legal, lawful ballot is counted. >> can you tell us the criteria -- what makes you look at and

-- [inaudible]. >> the exact criteria defined in the state election board rule. it will be decided probably after we get the county certification or not long before. secretary is the one who gets to make that decision. i won't speak for him here. >> >> you have to look at the rules. i won't be be able to answer that. [inaudible question] >> it's a lawsuit that we handle at the county level. it may only affect 50 ballots. their legal counsel will give them the advice they need to get through the process. >> after the 60,000 absentee

ballots are counted -- [inaudible]. >> we are working with the counties to try to get a full understanding how many provisionals might be available. mr. fowler makes a good point the election is not over just in absentee ballots. the overseas military ballots posted by tuesday and they are ballots that need to be verified by friday. if you have an absentee ballot missing a signature you have until frye -- friday to cure those. it's why for the last two months we have said it will be wednesday or thursday before we knew the answer. so yes. [inaudible question]

>> any report we get of any kind of irregularity we look into. if necessary we'll investigate. [inaudible question] >> i can't say for certain now. i know we have reports around several things. i don't know around voter fraud. that's a broad term. i need a more specific question. we'll try to give you an answer to that. [inaudible question] >> nothing that i've heard about a corrupt scanner. >> sandra: you've been listening to an update from georgia. the secretary of state's office. that is not the secretary of state himself. that's the coo of the state office there. 60,000 georgia ballots still uncounted according to the georgia secretary of state's office. remember trump has been leading there by just over 18,000 votes. this is key especially in areas

like fulton county which lean heavily democrat. we watch the details. >> trace: if you do the math on that. 60,000 left to be ballots. joe biden would need plus 60% of the votes to catch up with the president. >> sandra: we'll take a quick break as the news continues to change on this election 2020. we'll be right back. urance for veterans like martin. when a hailstorm hit, he needed his insurance to get it done right, right away. usaa. what you're made of, we're made for. usaa ♪

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>> trace: the dow surging today as we await election results from key swing states. let's look at the big board right now. you see the dow up 614 points. second today in a row with good gains. charles payne joins us now. doesn't look like the markets appear to be rattled by this

uncertainty at all, charles. >> the market is cheered by one thing that they feel 99.9% certain. that the blue wave did not materialize. that if there is a president joe biden he will not have a mandate for the more aggressive promises that he made on the campaign trail and that if the gop does control the senate we could see where the tax cuts that propelled this economy won't be changed too much. the market loves it. not just up since the election. it is up big every day this week. i should say yesterday was the best post election session in the history of the stock market. >> sandra: what is the market watching for as we know that there are still four key battleground states that have not been called in this race for the white house, charles? i mean, is there going to be a dramatic reaction when there is a decided winner? >> i think what the market is telling us and then some of the more nuanced things, sandra

like the so-called fear index which has come down dramatically is that although the white house is certainly asking the right questions, looking for the right opportunities to challenge where they can, i don't think right now the stock market believes there will be a protracted battle. if all the votes are counted and once they're all counted and the ones that count, count. when they get a final tally i think the market feels like it will be a typical, peaceful transition of power or president trump reinaugurated. the market is okay right there. the senate was the key because obviously wall street loves president trump's pro-business agenda but the ability to unravel it is what a lot of folks were afraid of. last week the conventional wisdom was we would have a blue wave. stock market took it on the chin. a lot of people took profits on them because they didn't want to pay higher taxes on the profits next year.

>> trace: the question becomes the vote count will be happening in the next day or so, right? we should have all of that solved. the question becomes the legal battles. the legal battles could drag on for a while. the trump campaign is saying we have 2 1/2 months to work this out. what happens if this becomes a protracted battle in the legal sense? does the market get more skittish then? >> i'm not sure. the market has a way of assessing the probabilities. again, you know, i think we have to wait for some of the counts and see what happened overnight in arizona. we just heard from georgia. yeah, north carolina eventually will update. i think we have to wait to see. in the meantime there is something happening today -- today that could send it higher. the federal reserve have a two-day meeting. started it late because of coinciding with the direction. jerome powell at 2:30 will be

speaking. the last time he spoke he didn't say what wall street wanted the market fell apart. now the notion there will be less stimulus coming out of d.c. wall street wants to hear the federal reserve be very aggressive. i should point out this morning the bank of england also added more liquidity into the system. and unemployment benefits. >> sandra: i don't have a buzzer. you can't say that. >> it's amazing here is the thing, sandra. we know it's ironic, this week edition of barron's has jerome powell is the king. it can create trillions out of thin air. if he says the right thing today this rally is just beginning. if he says the wrong thing we could give most of it up today. >> sandra: the put the stock market rally in context, the

s&p 500, the nasdaq, they're within 2% of record territory right now. dow jones within 4% of report territory. it is amazing to wash this market is so resilient. >> so resilient but so is this country and so is the economic data. almost every day something comes in better than expected. yesterday we had a services survey. next year our service industry will be completely back. there is a lot of optimism that doesn't get reported but in the data and the numbers and powering the market higher. >> sandra: big jobs report out tomorrow of course as well. charles, thank you. >> trace: great to see you, thank you for that. great stuff and great information. you look at this in georgia. he is right. we'll have georgia very soon. they think it will be counted in the next hour or so. 61,000 absentee ballots to count. 18,000 lead by the president. joe biden will need 63% of those to catch up to the president. >> sandra: waiting on new hampshire is close, georgia as

well. nevada could ultimately decide the election. here we go. noon hour on the east coast. great to be with you. >> here is bret and martha to pick it up from here. have a great day. >> the trump team about to file a second lawsuit in the battleground of nevada. a state that could decide the entire presidential election with its results expected sometime maybe today. we're watching that vote closely. this as another still undecided state, georgia, just released a new round of vote totals. we have that. pennsylvania gets ready to do the same. welcome to our special coverage of the 2020 election. i'm bret baier >> i'm martha maccallum. joe biden is closing in on 270,

just six electoral votes away which is the exact number nevada has. the president is not out of it yet. he has a much narrower path as we have discussed a lot and there are still several states that are not in. lots of lawsuits, lots of decisions to be made out there. he stands at 214. while the former vice president is not declaring victory yet the trump team has taken a number of legal actions. more coming every day in terms of these suits including one just minutes from now coming in nevada. >> those counts are continuing in all the states. let's get a sense of where we are on the map. bill hemmer is standing by the board. hold on, team coverage. peter doocy in wilmington, delaware and jonathan hunt in las vegas, and john roberts kicks us off tonight. good morning, john. >> i know there is time

compression. it is not night just yet. we're only noon but it will soon be night, no question about that. we'll get to what's going on in nevada in a second. first of all the president weighing in on all this a few minutes ago saying any vote that came in after election day will not be counted. what the president is referring to there is his campaign intervening in a suit that's before the supreme court of the united states right now regarding pennsylvania's three-day extension to count mail-in ballots. if the supreme court were to weigh in and it did not the first time. if it were to weigh in and say no ballots after 8:00 p.m. election night that could change things around a bit in pennsylvania and also refers to a lawsuit they filed in georgia yesterday after saying that an observer in chatham county saw an election official counting ballots received after the 7:00 p.m. deadline. the trump campaign wants all late arriving ballots to be sequestered and removed from

the count. what's going on in nevada. there will be a press conference that rick grinnell will be hosting at 11:30. they will announce a lawsuit there. not stopping the county, it is to insure that only legal votes are counted and that illegal votes are not counted. the trump campaign insists that there are as many as maybe even more than 10,000 votes that were cast by people who do no longer live in the state of nevada. they also insist that ballots were cast under the names of people who are dead. the suit is being filed in district court which may make a speedier path to the supreme court. the supreme court is under no obligation as they were to pennsylvania to take up the case. now in pennsylvania an appellate court ordered that trump campaign election observers can get closer than they were in the past couple days to people counting the votes so the trump election observers can get a closer look

whether the ballots look appropriate. corey lewandowski and former attorney general of florida pam bondi held a news conference last hour. >> this is the opportunity to shed light what's going on inside this building. our observers want to make sure every person's vote counts. this is a win for every person that cast a legal ballot in the state of with a. >> democrat or republican you should be allowed. >> difficult to hear because of counter protestors there in philadelphia. i spoke with pam bondi before she gave that news conference and even though they have a court order to >> now to arizona where a number of votes are still out. the president picking up 11,000 volkswagen overnight t. margin now narrowing to 69,000 between

him and joe biden. the trump campaign continuing to insist that they do have the votes there in arizona to push him over the top when all is said and done. but, of course, as you talk about with martha over the next couple of hours there are new problems that seem to be arising for the president in georgia and in pennsylvania. even though the trump campaign said yesterday we've won pennsylvania. so this one will be a nail biter, as if it wasn't. i think it will be an elbow biter soon. chew my arm off all the way to there. >> the biden campaign is projecting confidence as well. the former vice president now on the brink of 270 electoral votes. peter doocy has more from wilmington, delaware this morning. we love that parking lot. we know it well. >> we do. i have oef -- i've got a spot just over there. the press pool today has been called. joe biden will be on the move shortly. interesting over the last 24 hours to see how the campaign is trying to round up cash for

all of these legal challenges to hire lawyers and court fees and all that. here is an email blast that went out. we the people will not be silenced or bullied. we the people will not surrender. that's why we launched the biden fight fund to count every vote and asking if you'll chip in $25 to protect us. the campaign will host a conference call about the state of the race as they see it. yesterday's conference call a senior advisor claimed biden had already won the election and they were getting ready to fight to defend the result. biden hasn't gotten that far yet. talking about how proud he is of projections that they'll receive any ticket in american history. harris was in wilmington for biden's remarks yesterday. she didn't say anything. she left the messaging to the man who believes that he is about to be the president elect.

>> only three presidential campaigns in the past have defeated an incumbent president. when it's finished, god willing, we'll be the fourth. >> tuesday night stage from the election night party remains set up and sealed off protected by the secret service. it is not clear if or when biden might come back to use it. >> all right. peter, thank you. >> frozen moment in parking lot time waiting for conclusion as the rest of america is. the current vote margins in these key states. in georgia the president is up by about 18,144 votes. let's take a look at pennsylvania where president trump leads by 135,000. that margin was ahigh as 600,000. narrowing as cities come in. in nevada very close. former vice president biden is up by 7,647 votes there. north carolina president trump

is up by 76,000 votes. still waiting for calls on those states. bill hemmer is here to break it down back at the board. never leaves. bill, give us a sense. >> he was rairg to go earlier. >> i saw something here. this is really going to be something else. this is georgia right now. the republican fighting for reelection needs to get 50.0% of the vote to avoid a runoff. look where he is right now in the state of georgia. i'll come back to that and let you know the balance of power in senate. you guys know the significance of it and get a runoff in january. why don't we start at the baseline. you guys mentioned the critical states. let me run through as of 10:00 east coast time now in the 11:00 a.m. hour this is roughly our estimates in these various states. starting in georgia.

.4 difference between the president and joe biden. a .4% lead. statewide there are 91,000 votes outstanding. and the difference there as martha just mentioned about 18,000 votes. we also believe of the 90,000 estimate statewide 62,000 are here in some of the democratic hot beds of georgia, atlanta, fulton county and possibly decab county. you have a split joe biden 2 to 1 votes here in fulton county. we believe there are 16,000 votes outstanding roughly in fulton county. we have an update about 30 minutes ago. we believe there are roughly about maybe some 28,000 votes in decal *b county as well. those are breaking toward joe biden's favor. in pennsylvania this is where we think the race is at the moment. about a 2 point lead for the

president. shrinking a little bit overnight. we think there are 700,000 outstanding votes statewide and joe biden trails at the moment by 135,000. so just in the past hour that came from 143,000 votes down, a decrease of 7,000 and here is where it gets interesting. philadelphia and where democrats win in this state. history shows it. hillary clinton had 84% of the vote in 2016. as of this year, as of this hour, we believe with joe biden with -- let me punch out of that to make sure i'm in the right spot. 140,000 vote deficit, philadelphia has about 250,000 votes outstanding. at the moment, joe biden is getting as you can see eight out of 10 of those votes. if that continues at that rate he is going to pick up 146,000 which would give him a slight

lead in philadelphia. then we'll see how the rest of the state fills in. the trump campaign still maintains you have a lot of rural votes that can help offset that. we'll see when we tabulate this up whether or not it's still the case today. we've got time for nevada. just let you know what we get noon eastern time is when the secretary of state gives us the latest information. we thought we would get this yesterday afternoon. then we thought we would get it last night. it has been pushed to today. see how many votes come out when that happens. the state of the race. joe biden has about a -- now a .4% lead on the president -- sorry, apologies. it's early. math is not my strong suit when i'm doing it live. .7% lead for joe biden. 167,000 statewide votes outstanding. this is clark county, this is las vegas, reno, so clark county we believe there are

about 120,000 votes outstanding and joe biden so far has been getting about 53% of those votes. back in 2016 here is where hillary clinton did in clark county. in 2020 the president is doing better at the margins here. las vegas has been hit hard by the economy, covid and the lockdowns. the trump campaign is making a case a lot of people are getting ballots that don't live there anymore. in arizona there is a lot of dispute given our call from the other night. we are standing by it and this is where it stands at the moment. you've got 2.4 percentage point lead for joe biden. we think there are 280,000 votes outstanding. the president trails by about 68,000 votes. this is phoenix, tucson down here. this is where you get the mother lode in the state of arizona. the coin of the realm really. these voters were breaking for

joe biden the other night. gave our decision team an inclination what was happening. joe biden with about 140,000 estimate votes outstanding in maricopa county. joe biden has been getting about 51% of those. the trump team is still saying they are in the game here. i can tell you last night at 9:00, 10:00 here watching this board we got a batch of votes that came in. the president picked up 70,000 votes. this is the margin in maricopa at the moment and the margin statewide in arizona as well. i just mention that senate race because there will be a bit of a shift now in the focus to the balance of power eventually if and when this presidential race is decided. here is where we are. democrats at 48, republicans at 48. we believe dan sullivan, alaska has a clear lead here 2-1. race hasn't yet been called. we believe that will be a pickup for republicans.

this is thom tillis to check in today. these numbers haven't changed from last night about a 2 point lead for thom tillis. if he holds onto that it would give you the margin of plus 50 for republicans in the u.s. senate. here is where it gets really interesting, guys. georgia has two senate races. we know one is going to a runoff january 5th. the other one is real close to being the same situation. we'll watch whether or not david perdue can hold off his challenger here. the margin to avoid the runoff you have to be at this number and percentage. right now what i told you about the democratic blue counties that still have yet to check in with some votes we'll see whether or not perdue can maintain the advantage. if he does it goes to 51. if he doesn't, both of these senate races now will go to a runoff two months from today. if the balance of power in congress is still hanging out there two months from today as

i told laura late last night i bet a buck these will be the most expensive senate campaigns in the history of the country by a mile. and that will determine the outcome for who controls the senate. >> i want to stay there for a second. eight out of the 10 most expensive races ever happened in 2020. it would have been if you get two of those runoffs they will put hundreds of millionss of downs down there. there is a lot of pressure ton national senate -- republican senate committee to get in the game on challenging and looking at paper ballots in georgia to make sure from their point of view that david perdue gets above the 50% threshold and doesn't need to go to a runoff insuring that even if they lose one they hold onto the senate control. they think that thom tillis is in a point where we'll eventually call that and our

people are saying it is heading that way at least the vote they're looking at now. the balance of power people on wall street are saying one of the reasons the market is just going up is because the prospect of a gop senate changes the dynamic with how a possible joe biden president would deal with taxes and supreme court and everything else. >> not the mention the possibility of adding puerto rico and d.c. which would change the dynamic of the senate completely. wall street likes that potential for a split power in the you white house. >> where is the rest of the vote in georgia? >> well, good question. we don't know. with mail ballots we don't know. we know what the margins are now and getting smaller by the hour, that's clear. i would also point out you guys mentioned this near the top. this was the game, right? 270. arizona is still blue and joe biden is hanging out here waiting on nevada that will

come in in 44 minutes. what does that vote look like? how many more ballots are out there with an 8,000 vote. 7600 vote margin you make a call on something like that. if you do that, you go from 264 to 270. that could possibly happen at noon eastern time. we think the president will win alaska. if the president can fight and hang on. do you keep it red? if you do you're 233. you mention the tillis race. it seems to be i've looked at the numbers for two days now. the vote in north carolina hasn't moved. let's keep it red for now. and now you are at 248 and you are waiting on nevada and waiting on this thing here in pennsylvania. is that days away? is that weeks away? the legal challenges that drag on through the courts? we were talking december 12th we need to certify the vote for the electors in washington,

d.c.? i think that's right on the calendar. if you can pull this off in pennsylvania you are knocking on the door of 268 and then it's either this or that, under that scenario or he runs the table or it's this. >> let's put up the four states really that we're watching and the vote difference. you see that on the screen. this really gives you a sense, bill, of how close it is in these various states especially in some place like pennsylvania where we see the vote from philadelphia and the democratic counties coming in. georgia at 18,000 votes. nevada 7600. north carolina 76,000. seems like north carolina is separating a bit. but that is the vote difference in each one of these four states. it really gives you a sense as we modify that throughout the day as the count comes in we'll put this graphic up to show

people how close it is. thanks so much. in minutes the trump campaign is expected to announce they're filing a second lawsuit in nevada demanding that state count every legal vote. trey gowdy joins us straight ahead. >> the trump campaign can go up to six feet instead of 25 feet in pennsylvania. we'll take a look at what the state's democratic governor firing back in pennsylvania is coming up next. veterans, record low mortgage rates have now fallen even lower. by refinancing at newday you can save $3000 a year every year. with their va streamline refi,

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>> martha: back with a fox news alert. pennsylvania's governor tom wolf is blasting the trump campaign and condemning its efforts to stop ballot counting in that key battleground state. president trump and joe biden are currently neck-and-neck there separated by just 2 percentage points. we're live in harrisburg. there are court decisions that the trump team wants to delay

this for before the count continues there. what kind of progress is being made in that really important state this morning? >> yeah, martha. good afternoon. the bottom line is despite these efforts to temporarily halt the counting in philadelphia and elsewhere here in pennsylvania by the trump campaign the counting continues and we just got an update on the number of mail-in ballots that remain. remember some 2.6 million ballots were returned by voters here in pennsylvania and they say right now we have 581,000 mail-in ballots that remain to be counted. so there are about 70 something percent done. the overwhelming majority of these ballots are expected to be counted by the end of today. that's what the secretary of state has said. in fact yesterday she said state was ahead of schedule. the reason why the biden campaign is feeling confident right now is the majority of these mail-in ballots are in

democratic strongholds. those counties in and around philadelphia like bucks county and montgomery and allegany county around pittsburgh. there are some 35,000 ballots that need to be counted there. there are some 100,000 ballots that still need to be counted in philadelphia. right now the mail-in ballots are breaking for biden at about 7 out of 10 of the mail-in ballots are breaking for biden in this election and why they think once these are all counted they will be in a decent position. the bottom line, martha, you have a lot of legal challenges here as you've said. the florida attorney general pam bondi spoke today. they have allowed the trump campaign to enter the philadelphia convention center. those poll watchers to be within six feet of the counting. they claimed that the philadelphia convention center was keeping them as far back as 100 feet away from the counting. this was pam bondi earlier

today with stuart bonde. >> we'll be said. in the red counties they are oef allowed to observe within six feet of all aspects. we're allowed 15 people going in there are allowed to watch the ballots being counted. >> the trump campaign also challenging the issue the deadlines for absentee ballots for those who need to provide identification. the secretary of state has extended the deadline in which voters can provide missing proof of identification for absentee ballot by three days. the trump campaign challenging that. the biggest legal battle is really about that three-day mail-in ballots. how many ballots out there were delivered after election night at 8:00 p.m. and before 5:00 p.m. on friday? those ballots are being counted and they are being separated because obviously they believe in case this goes to litigation and i just -- we have to stress

that in pennsylvania, president trump won this state by 44,000 votes in 2016. every vote is going to matter in this race. right now we have some 580,000 mail-in ballots that are outstanding. provisional ballots that will also be counted and we have the military absentee ballots that will be counted. so again it is tough to say but again the biden campaign feeling pretty good about their chances. i will say one thing about the poll watchers. they are not the end all, be all with security here in terms of watching the process. we were there and seeing it. two poll watchers one from each party can't be on top of the county. they can observe and challenge things in good faith. the process there are bar codes and thousands on every ballot there are thousands of county and election employees trained to count and look at the signatures.

surveillance cameras and a whole process. >> martha: thank you very much. we know the campaign manager said they believe they will win pennsylvania in the end and we continue to get the numbers, 580,000 ballots still outstanding in the state of pennsylvania. >> bret: in a few minutes we expect to hear from former acting director of national intelligence rick grinnell and the trump campaign about a new lawsuit of ballot counting in nevada. it's one of several lawsuits the trump team has filed across a handful of states over the past couple of days. the yellow is where they have filed. let's bring in trey gowdy former house oversight committee chairman and your thoughts on the trump campaign's efforts, the different avenues they are going down here on the count, and the president's tweet about stopping the count as far as when it came to pennsylvania or at least votes that came in after election day.

>> you know, bret, i think you put your finger on precisely the right word. there is this battle of competing mantras. one is count every vote. the other mantra you used the word lawful, count every lawful vote. it is confusing for your viewers, our constitution allows the state to set the rules. the rules themselves have to be constitutional. they have to be set by the state legislatures. they have to be applied and then they have to be applied equally. the litigation in pennsylvania, that's who set the rules? the pennsylvania legislature didn't allow for this three-day grace period. that was the pennsylvania supreme court. and our u.s. supreme court court punted on it. in nevada it's different and in georgia it's a different. who sets the rules? are the rules constitutional themselves? and then are they being applied fairly? that's what the litigation will be around. >> martha: trey, as you pointed out the supreme court punted on it the first time around and said if we need to revisit this

issue we will. the battle between the state legislature, who wanted to not have that three-day extended period and the state supreme court which are elected officials, elected judges mostly democrat in pennsylvania is still going on. so do you think that the supreme court will want to weigh in on this at this point? do you agree that they should stop counting those after the fact ballots that come? >> the supreme court doesn't have to weigh in at all. i think people think they will particularly in pennsylvania. they don't have to. there is no original jurisdiction in election law and gets back to the pennsylvania state legislature. think about it, martha. what is more predictable than election day? we knew 150 years ago we were going to have an election on tuesday. so the pennsylvania legislature knew we were going to have an election and knew we were in the midst of a pandemic.

yet they did not allow for ballots to come in after election day. so how does the pennsylvania supreme court get to kind of overrule the legislature? i think it's a clear legal analysis but we don't know if the u.s. supreme court takes it. there is no obligation they will. >> bret: the president is tweeting that his campaign will legally challenge all of the recent biden claimed states. they'll be legally challenged by us for voter fraud and state election fraud. plenty of proof. just check out the media. we'll win, america first. i don't know that we have seen the proof of voter fraud in any of these states yet. there are allegations, there is talk on twitter and facebook and everything else but have we seen proof of voter fraud at this point? and how long do you think this process is going to last? >> i have not seen the proof

and i think we need to stay away from broad nationwide fraud. these are individual states with individual rules and you could be in compliance in this state but not in compliance in another state. i think president trump and any candidate has a responsibility and a right, a responsibility first to make sure that the vote is reliable. if president trump loses his supporters need to know the rules were followed. you have a responsibility and a right to make sure every lawful vote is cast. i'm an evidence person. it has to be proven to me by a certain quantum of evidence. i need more than a press conference alleging widespread fraud. sometimes there are errors and sometimes there is systemic fraud and what you have in pennsylvania which contrasting rules. if you are in pennsylvania what are you supposed to do, not count votes even though your own supreme court said it was okay to do so?

which makes it really, really infuriating that the u.s. supreme court kind of tried to duck and hide. they need to show a little more courage on this and tell the pennsylvania supreme court you know what? that's not your job to set election law. the constitution says legislature if you want to run for that you can but you ran for the supreme court. >> martha: that will be kicked around for some time, their decision to punt on that from the supreme court. i want to get before we let you go your big picture take on what we've seen happen in congress. very different picture than what was anticipated. it looks like the senate will hold gop. we still are waiting for the final outcome there. you have new republican members of the house including 12 women republican members of the house. >> yeah, who would have thought that. if you read "politico" kevin mccarthy is on his way out and he does the impossible and picks up seats with other help. i think the american people

like divided government. if joe biden wins i think it will be with the bare minimum electoral votes needed. i think he will get 270, the bare minimum the american people will not give him a senate so he won't get the cabinet that he may have dreamed for. certainly not going to get the green new deal. not going to get d.c. or puerto rico or pack the court. americans like checks and balances. nancy pelosi, jerry nadler and adam schiff spent four years pursuing their agenda in the house and they were repudiated. they lost seats which no one thought was possible other than kevin mccarthy. it would be nice for everyone to take a step back and say maybe americans don't want this transformative change on either side. maybe they like a more nuanced -- let's keep things going but in a better direction but say no to the transformative changed that is being advocated

on both sides. >> martha: fox news alert for you. any minute now president trump and his campaign are expected to announce a lawsuit in nevada claiming that at least 10,000 people who voted in that state no longer live there. we'll see what the evidence is of that as jonathan hunt joins us live in north las vegas with the latest now. good morning, jonathan. >> good morning. within the next 30 minutes two major developments due to unfold here. just across to my left we're expecting the former acting director of national intelligence trump loyalist rick grinnell to announce that lawsuit. at the heart of it will be the claim that some 10,000 votes were cast by people who no longer reside in the state of nevada. then 30 minutes or so later we are expecting an update from the election center behind me here on the numbers and the biden campaign has just said in a briefing that they expect to

get a significant bump when those numbers are announced. where does it stand right now? the numbers we have now show joe biden with a very slim lead of just around 7,600 votes. so that obviously shows you why the trump figure of these allegedly illegal 10,000 votes is so important. we have not seen or heard from the trump team of any evidence where they found these 10,000 votes or how they know that they exist. they have not given us any of that detail yet. but last night a former attorney general here in the state of nevada and the co-chair of the trump campaign previewed potential challenges on tucker. listen here. >> we don't know how many bad voters there are in this giant stack. we also know that there are likely to be dead voters. we know there are likely to be people that have moved out of

las vegas. but their ballots were still cast. so we're looking into all of this. >> now again, martha, we have not been given any evidence to back up this claim of 10,000 non-resident votes as yet. the lawsuit itself also important to point out hasn't yet been filed. we're told by rick grinnell it will be filed at some point later today. in the meantime the counting of the votes in the building behind me and many like it across the state of nevada goes on and the secretary of state says the counting of ballots in nevada is proceeding at the expected pace and timeline for counting ballots comes from the legislatively approved process and dictates that all properly received ballots will continue to be counted for up to nine days after the election. why is nevada so important? well, according to the fox news numbers at the moment, vice

president joe biden has 264 electoral college votes. he needs to get to 270. even i can do the math. that means six more electoral college votes. how many does nevada have? exactly six. >> martha: the news conference is getting underway. let's listen in. >> mail-in ballots and despite the fact that there are examples of thousands of ballots being mailed across this valley in trash cans and apartment buildings, people getting as many as 18 ballots to their homes, we knew these rules were unclean and we were told that signatures would save us from all fraud. but to date we still have not been able to observe these signatures or meaningfully challenge a single mail-in ballot out of hundreds of thousands cast. we firmly believe that there

are many voters in this group of mail-in people that are not proper voters. in the last many days, we have received reports of many irregularities across the valley. we believe that there are dead voters that have been counted. we are also confident that there are thousands of people whose votes have been counted that have moved out of clark county in -- during the pandemic. today we have a voter bill stokey who was denied access to vote. she showed up to vote and she was told someone had already cast her ballot and she was denied the opportunity to vote. we are filing in federal district court here in las vegas, we're asking for

emergency relief, tro and injunctive relief and we're asking the judge due to all of these irregularities to stop the counting of improper votes. thank you. >> the courts of nevada -- the reality is that transparency is not political. >> your name? >> ballots are not automatically legal votes until they are checked. we are not being allowed to check. the harry reid machine recklessly dru ballots into the mail and now we cannot check whether or not there are non-residents, which we have evidence publicly available evidence that you all in the media should be also looking at.

publicly available information that non-residents have voted. there is a 30-day residency requirement in the state of nevada. if you haven't been in the state for 30 days, it is illegal to vote. recorders have a responsibility. the fact is we're filing this federal lawsuit to protect legal voters. it is unacceptable in this country to have illegal votes counted and that is what is happening in the state of nevada. we've asked clark county for answers. they have no answers. they continue to count illegal votes. that is unacceptable and it is giving legal people a sense that the system is corrupt.

we have to have a system where legal votes are cast but the harry reid machine has done is throw out recklessly ballots and now they don't want us to check those ballots. and we're seeing discrepancies all over. we are asking clark county to give us answers. all of your questions about the details are legitimate questions and they should be asked of clark county because the clark county officials are silent. they are not giving us any answers and they continue to count these illegal votes. ballots versus legal votes. that's what we're talking about. it is unacceptable in this country. the presidency is literally in

the -- you are here to take in information, okay? >> what is your name? >> thank you all for turning out. thank you all for turning out. the presidency hangs in the balance. what the fundamental principle is here is that we want to be able to make sure that the counting that occurs and that the results that happen can be respected by every american voter across this land and truly across the world. if you are not allowed in to see the process, both sides and all of you in the media so that there is transparency. so that there is meaningful observing of these ballots, that calls into question what those results will be. the idea in this country -- the idea in america that we would somehow reduce or limit the ability to have basic insurance that a ballot is a legal ballot.

that it's an acceptable ballot. the person who voted, we took minimal steps to make sure there was a signature match for instance. those types of guarantees need to be in the process. so we have to understand that what is going on in nevada impacts what is going on all across this country, which is the american people want to have confidence in the results that are coming out of nevada. that will occur when we can make a case why every ballot is an acceptable compliant ballot. >> what is your name? >> you want to introduce these two or have them introduce themselves. these are individuals who have stories of discrepancies. if you want to state your name and briefly what happened. we won't take any questions. just step up. >> my name is jill stokey.

i went to vote. in years past i always voted in person. this time they mailed out the ballots and somebody took my ballot. they also took the ballot of my roommate. i was told by the interviewer from channel 8 and i said can people do this? he said yes, you are the first. thank you. >> spell your name, stokke. >> good morning. i want to give my account what happened. i was here for quite a bit and was here with members of the trump campaign and came in a media capacity to obtain content information on election

night and unfortunately was stereotyped in that regard. you can take from that what you may. i was not able to get any access by any means. got a little bit sort of aggressive is the word and the question was asked at 1:30 in the morning why are you here? my response was it's election night and that's why we're here and you are counting ballots. it was unique because they said they had an hour and a half left of to do. >> martha: we've been listening to a number of folks on the ground. rick grinnell, the former attorney general of nevada and matt schlapp was also speaking out as they try to crack down on what's going on on the ground there. joining us now is andy mccarthy former assistant u.s. attorney. we're hearing things that would be problematic if they are actually -- if they actually

happened. people who are deceased voting in nevada. people who don't live in nevada being able to vote and you just heard from this woman who said she went to vote and told she already voted. the same thing happened to her roommate, that their ballots were taken by somebody. obviously we need to see actual evidence of these things, right? >> yeah. listening to that, martha, i'm thinking the best way to think about this is that there is always two levels. one is potential versus actual. so one of the reasons for example we've been concerned about pennsylvania is they have a system that the court as you described before ordered that potentially enables some fraud because they don't require post mark and as a result you could get post mark -- unpostmarked ballots. it doesn't mean it will happen but gets your antennas up

because there is a potential for it. you have to sort out what's the potential for fraud versus what actual incidences of fraud do you have? then there is a second level which is very important with elections, which is actual versus does it make a difference? so the way i've tried to describe this to people is an election is very different from a criminal prosecution. if i accused you of a $10 million fraud and we got to court and i was only able to prove a $50,000 fraud i would still convict you and you would still have all the consequences of a felony conviction. elections don't work that way. so even if you are able to prove a number of instances of really heinous fraud but it turns out that you can prove that happened 100 times and the margin of victory in the election is 20,000 votes, you

have some very unfortunate situations but it doesn't affect the outcome of the election. >> bret: let's put up the states we're watching and the difference of the votes. you make a good point about the separation of these states that we're watching especially in nevada you've got 7600 with the difference they're talking about 10,000, they say, andy, of deceased voters who voted but they didn't put forward as martha mentioned one of these people who was dead and yet is on the rolls now. so it's the evidence versus the allegation. and we're not saying by show us the evidence that there aren't problems. and there aren't reasons to move forward with recanvassing or recounts or questions of paper ballots. but the evidence is what you need to see is i'm gathering from what you're saying. >> yeah. i think, bret, also in terms of people's expectations of how

this gets resolved, there is two different kinds of problems, right? problems of law and problems of fact. so when we talk about the pennsylvania situation, that is a straight legal question, right? under the constitution either the state court has the power to countermaned what the state legislature has done or it does than. judges can deliberate over that and answer it. when you talk about proving factual fraud you have to prove it with concrete evidence. and you don't even probably get -- >> bret: the other argument you are making is the transparency part of these battles, that is legitimate 100 percent when they fight in the courts to say we need a republican observer to watch these battles, we're hearing in philadelphia that there may be an effort on the democratic side to despite what

we heard from pam bondi and the republicans about the observers in the ballot count having access in pennsylvania. we're getting word that there may be a stoppage of the count until they work this out. transparency is one thing. fraud and evidence of fraud is another, andy. >> yeah. that's right, bret. you know, at a certain point there is a critical mass of incident where a court has to say this whole thing may be illegitimate and i have to impute -- there is such a systemic pattern of fraud that i have to impute fraud to even the things where fraud hasn't been proved yet. on the other hand, you know, this is a very human process. so if it turns out that there is some suspicious behavior but when you look under the hood it turns out people made the usual kinds of mistakes you would make, you try to correct those but it doesn't make you think the whole system has to be thrown out. >> martha: you also point out that then after all of that,

you have to figure out whether or not it could be consequential. looking at the vote totals. you have 4,000 separating georgia right now. 8,000 separating nevada right now. if you can find this evidence, which they are working on, of discep -- discrepancies you have to prove that it makes a difference. >> in some places you won't get in the ballpark unless you can show it could make a difference. for example, the supreme court may be sitting back right now in connection with pennsylvania saying okay, well maybe what they did was illegal and okay, maybe they will able to show there were instances of fraud. if it turns out it was only really a trickle relatively speaking of votes that came in in that three-day extension period and the margin of victory is many times that, the

court may just say we just don't need to get involved in this because even if everything they say is true it wouldn't change the outcome of the election. >> bret: we were talking before this election and heading into it about possible foreign actors and while they couldn't likely affect any of the vote according to the u.s. intelligence officials, they could stir up trouble. now we're in this very vulnerable stage as a country where foreign actors potentially could stir up trouble by putting stuff out online that looks really good and looks like this is the deal and suddenly people get really worked up about it. whereas it might not be true. >> this is always a problem and in a free society what we have to hope, bret, is that is just a drop in the ocean of communication and that people learn to basically kick the tires a little bit before they get too spun up on everything

that they see. that's why i think it would really have been helpful and still be helpful if the people who are at the leadership of both of the campaigns here would express a little bit of confidence in the legitimacy of the process and the checks that are involved. after all, the trump campaign is going to court, right? so they must implicitly think that ultimately that's not a rigged system because otherwise why would you try to exploit it? >> bret: the president just tweeted there is massive fraud. >> he also said he is going to court. he is not saying it's hopeless and the country is gone. i'm going to court to get redress. let's calm down and see what happens when they go to court. >> martha: it is his right to do and the recounts are absolutely within their rights to do. today is thursday, i think. i think it's thursday, a couple days away from the actual

election and incumbent on all of us to push for transparency and report these stories and get evidence where there is evidence of the situations that we're hearing about. such as what we heard in nevada to take everybody through this step-by-step and the numbers and keep a close eye on these numbers. >> bret: it's about the math. >> martha: thank you. >> bret: thanks, andy. >> thanks. >> bret: all right. we'll take a quick break here. we're awaiting some new vote totals coming in from georgia, north carolina, nevada. in fact nevada could come in about five to 10 minutes and we'll head back out there. remember that spread was 7600 votes and the trump campaign is now filing a lawsuit there. all eyes on pennsylvania. the governor there tom wolf will hold a news conference later this afternoon. he is expected to bring us up to date on that state's general election count. we'll have all that news coming up. >> martha: be right back. this message is for spouses of veterans with a va loan.

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>> bret: welcome back. as we get to 12 noon on the east coast, almost, we want to give you an update about pennsylvania as we look at the vote total, it has been narrowing as the account has come in, 118,000 different with

president trump up, some of the account has been happening in philadelphia but now we are getting word from a report that democrats have gone to the pennsylvania supreme court to appeal the case that the g.o.p. said they won in philadelphia to have republican observers watch the counter that's happening in philadelphia. we are being told by these reports that a judge has stopped the account in philadelphia to hear the sides in this case. again, if this is accurate, we are going to get bryan llenas to see what he knows in philadelphia. it would mean the democrats are saying you cannot have the republican observers watching the account in philadelphia. we been watchin talking about to sides about the cases on transparency and having access to see that account happening and then the cases that actually allege fraud. this is about just watching the count happen.