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.

>> martha: you've got what could potentially be, the president says stop the count, democrats in pennsylvania saying stop the count but the reason the democrats are saying it according to this report is that they do not want the others we saw this morning to have come in and be able to stand 6 feet from where the accounting is happening. that is apparently the debate. >> bret: the democrats want to the count to continue, they just don't want the republicans in the room. >> martha: they want to stop the count to remove them from that 6-foot distance from it appears. >> bret: john roberts is standing by the white house, the white house is very engaged. not only count the votes that have been on election day or before which also affects pennsylvania but now about these filings all over in various different states, the case that's happening right now. >> in pennsylvania there was a

conference call this morning from the trump campaign in which they saw this as a very big victory, a judge in pennsylvania allow them to get closer to the people who are actually counting the ballots. they had been allowed into the room previously but they were kept anywhere from 25-100 feet away. they were allowed to use binoculars. but they couldn't get close enough to tell whether or not the people who are opening these ballots were opening up what they call "legally cast ballots" versus "illegally cast ballots." in a press conference at 10:15 philadelphia, it was a big decision, pam bondi expressing to me some skepticism that they'd actually be allowed to go ahead and do it. i'm not sure exactly what the democratic argument is but we have heard reports, not specifically to any party that people were in the room were sort of causing noises that might distract the people who

were looking at the ballots. i'm not sure if that has anything to do with it or the fact that the democratic party just doesn't want republicans so closely scrutinizing these ballots. the case that's being made whether it's in pennsylvania or michigan or now with two lawsuits in nevada, one which falls a line of the pennsylvania lawsuit, they want to get more meaningful access to the ballots and another one in las vegas in which they said we believe that illegal votes are being counted, 10,000 people who are being satisfied for the 30 day residency requirement, they believe votes have been cast in the names of people who are de dead, they say that there's a lot of illegal ballots being cast here. there are a lot of irregularities. do we have our own proof of that? no. we are just telling you what the campaign is saying but again, going back to where we started,

the trump campaign believed this was a very big move on the part of this judge to issue an order to allow campaign officials to get within 6 feet of the poll workers who were the ballot counters looking at these mail-in ballots. so if the democrats do get success in court and push the republicans back again you're going to see this escalate quickly to the pennsylvania supreme court and then from there we could start to get into the federal court system. we should point out that this latest lawsuit filed in nevada just a short time ago, the one to which ric grenell and matt schlapp was speaking was filed in federal district court in clark county which means that that could be on a fast track to the supreme court if they do not get the relief that they are looking for. so these lawsuits are flying fast and furious. just to give you an update, too, from this campaign conference call this morning, they do believe they are still on track

to win arizona and the reason why is the number of votes came in last night, about 68,000 or so put up president trump's total, narrowed to the margin by about 11,000. sorry, getting u my numbers mixd up. so now there are only 68,000 votes separating president trump from former vice president biden and the trump campaign believes that there are still enough votes for president trump to win. one of the reasons why as they say that the percentage of those votes that were breaking to president trump or greater than the number they believe they need to have in order for president trump to prevail. they also believe that despite the fact that there is still some ballots to be counted in philadelphia area that pennsylvania is looking good because they say there are results still outstanding from

trump counties that will offset those. i said before that this is a nail-biter of the most extreme fashion. and it looks like it is going to continue to be that for at least the rest of the day. bret, martha? >> bret: we need a karl rove whiteboard for all the legal stuff that's going on but one of them is the trump campaign and white house going to the supreme court to get them to actually engage on this lawsuit that they kind of punted saying that the ballots could come in after election day dealing specifically with pennsylvania. we are being told, at least bloomberg is reporting that the supreme court is told democrats to file and respond by 5:00 today. any thoughts on where that supreme court case is right now in its iterations? >> you know, i don't know what the status of it is at the supreme court, shannon bream would be a better person to talk

to about that but if the democrats have been told to respond that may be an indication that the supreme court is thinking of doing this. what they basically did prior to the election was they refused to take it up to say look, let's just leave it with the state and broad brush strokes, what happened was that of the state supreme court said that deadline could go ahead despite the fact that pennsylvania state law says that any extension has to be done by the state legislature. so the supreme court just wanted to take a look, the supreme court of the united states wanted to take a look at how that was going to unfold but now that it is unfolding it may be that the supreme court wants to take this up. the basis of the lawsuit is that as it, as we saw in wisconsin, the trump campaign and the republican party wants the deadline to be when the polls close on tuesday night and not allow for this three-day period, three day extension to allow

mail-in ballots that might've been stuck in the mail or whatever on election day to come in so if the supreme court were to rule that the deadline was when the polls closed on election night then all of those mail-in votes that have been trickling in afterwards would be sequestered, set aside and if the supreme court rules it not counted so that could change the vote count as well. >> martha: john, thank you very much, john roberts at the white house. we are going to bring in peter doocy in just a minute but the pennsylvania supreme court according to one report out there has overruled the lower court decision granting the trump campaign closer access to the ballot counters in philadelphia as we were mentioning just moments ago. there is been a pause in all of this as they fight over whether or not they can get 6 feet away to watch all of this process and the biden campaign is weighing in on this as well, let's bring in peter doocy from wilmington with what their responses and what your understanding is about

what's going on right now in philadelphia. >> we are hearing from the biden campaign now and they are making it sound like there are not two sides to this despite what's going on, the republicans versus the democrats in court. a spokesman is saying, bill russo rode this. "we don't care if your observers are 18 feet away or 15 feet away or 6 feet away as long as election officials can do their jobs. they will do their jobs, ballots will be counted. when they are done, we will win. and the "we will win" part was the overall theme of a zoom call we were just on with biden's senior advisors and their internal data and the way they project things and they very confidently said that joe biden will be the next president of the united states and they guessed that president trump is looking at the same numbers and that he must know that he is losing, according to the biden

campaign. what they ran us through, they guess they were going to get a bounce from numbers in nevada that just dropped at the top of the hour. that the lead is going to fluctuate. we do have it that now biden's leads have expanded from 7,000 and change to 12,000 and change in nevada, they might not get any meaningful movement in arizona until tomorrow, they believe they are going to continue closing the gap in pennsylvania and wind up winning their by a sizable margin. they do see georgia as a true toss-up and didn't have any updates on north carolina would yesterday they suggested is leaning towards president trump. they talked about michigan and wisconsin like they are over and done with those dates despite the trump campaign lawyering up and filing challenges in some of those contested areas there. the trump team obviously not done there, because of those challenges, the biden team is going to be tied up in court. they are speaking very dismissively of these trump campaign lawsuits, they said, they are describing the lawsuits

as nothing but noise. that doesn't mean they're not going to fight those with a are trying to round up a bunch of money as they can for the biden fight fund, the biden campaign is also asking voters to remain patient and calm. >> bret: we are trying to remain patient and calm as well. peter doocy in wilmington. this will back and forth counting in philadelphia, eric is standing by, what's the latest? >> the latest is that there was a pause here that's now confirmed, it was brief, election officials telling me that they paused because of that ongoing litigation, the democrats going into the higher court here in pennsylvania to try to block the win that the trump campaign was able to achieve this morning by moving the poll watchers closer to the area where they are voting, as we been reporting, under pennsylvania state law they were restricted to 25 feet away, they can now go to 6 feet away from

the ballots, adhering to social distancing. the democrats opposing that so that caused the pause which was brief, we are told, and that accounting has not resumed. they were counting all through the evening inside the convention center here which is behind me and that counting now has been continuing. meanwhile i did talk to a republican poll watcher who we talked to yesterday, he was complaining about the 25 feet length, he said he needed x-ray vision to see something and now for the ruling this morning i just talked to him and he again said, still, 6 feet is not enough. he believes that they are being kept too far back, that they cannot exactly see what's on the ballots, that it is still a restrictive ruling even though there is social distancing now being involved in this ruling although a federal judge has said that poll watchers are there to do just that, they are to watch, they are observers and they are not, in the judge's

word, to audit, in other words looking at, picking up a valid and seeing who has been voted for on that certain ballot. but as of right now we are told that the accounting has resumed there in philadelphia, it's gone on overnight and that litigation is continuing and if you are a poll watcher, for either the democrat or republican side you have to stay away by at least 6 feet. >> martha: you're saying they have started, they are now counting again? but are those poll watchers on the trump side in the room and at 6 feet at this point? >> we don't have that information at the moment, we are waiting to see. one would presume that they would be. >> martha: the court said said that if they were counting they would be allowed to be within 6 feet. >> that's it. let me stress that this is for both parties, both the democrats

and the republicans to be within 6 feet to observe but you can't see very much from 6 feet, that's one of the arguments of the poll watcher. >> bret: will follow this, eric, thank you very much. breaking news as we head back to get more of it. we want to go to bill hemmer on the billboard, really we are are getting some vote totals coming in. >> in real time, too, this is nevada, this will be expected for about 14 hours now as they just checked in and when they did a lot of this vote, las vegas down here, clark county, that's las vegas, they just clocked in and they are adding more votes to joe biden's lead here so he's up a point, 49.5, 48.5. remember the marker where we started our day was about

7,608,007,608,000 difference ina now it's jumped up to 11,791. you can make the case and if you want to figure out what's going to happen here, i would also make the case here in douglas county you have about 18% of the vote still out as well, it's a strong county for the white house. the problem is, in the state of nevada is this is where you get the bulk of your votes, in clark county and after that dump just a few moments ago joe biden increased his lead. i will pop over to here in georgia, we will do it real time together. when we started our day-to-day the president had a lead of .4% in georgia. here is where it is now, .3% margin. this just came a moment ago, the difference is now 14,250 votes, just poking around some of these counties that again, you have to keep your focus here on the

population center, atlanta and the surrounding areas. there's a small county just south of atlanta, clayton county georgia, this is blue country, deeply blue, deeply democratic and appears to be upwards of 20% of the vote still outstanding in this county alone. i know the margins are small, when it comes to the actual vote itself but in a race like this, looking at a difference of this, they all count. every bit counts as we move through. just to keep a running tally as we move throughout the day, that's the effect between biden and trump in georgia. what's the effect on the senate race as well? so far david purdue is hanging on to the exact percentage that he needs to keep the seat and avoid a runoff, 50.0% by state law there in georgia. you guys are mentioning pennsylvania, coming back out for the presidential map, our

marker this morning was 2.0% for the president. so that's gotten a little closer here now in pennsylvania, pittsburgh is here, philadelphia down here, the vote tallies stopped and then restarted again. our numbers, bryan llenas on the ground there has some numbers but we had an estimate earlier today, in philadelphia alone, about a quarter million votes, 250,000 votes out but joe biden getting about 80% of that would match up with the proportion so far over the past three days, 80/20 biden over trump. going to pick up over 146,000 10 votes, why they feel confident about slowly gaining, slowly gaining a blue advantage in pennsylvania. we will update it as it goes. >> martha: lets us standby

here, 35,000 uncounted mail-in ballots, "new york times" election staff is taking off for administrative work and will not resume count until friday. i can get an answer as to why it says a member of the county elections board. we have some major things happening in different places and we actually point out to people that each one of these counties has their own operation and how they deal with counting the votes so one secretaries of state say we are waiting on so-and-so county, you're dealing with a bunch of bureaucrats and a bunch of different places. >> we knew on election day that there were half a dozen counties in pennsylvania, with ohio end of the southern part of the state, not a lot of people living in those counties when you compare it to places like pittsburgh and philadelphia. we are going to take care of the vote on election day, we are going to worry about counting at

the next day, hold back the vote until at least wednesday. the country is waiting, if you are listening to the gentleman from georgia about two hours ago, he was talking about preserving the process and talking about the election workers, that's not to suggest that we do not take that seriously but it's noon on thursday and the country is waiting so maybe we will get some answers in pittsburgh in a moment. >> martha: we need to know more about why the vote would've stopped for administrative purposes. >> bret: don't stop, just keep going. >> martha: just keep going. we are waiting for a fulton county press conference in georgia, an area we've been waiting for, on election night they had a pipe burst, still waiting for more results from that county. >> bret: let's go to ari fleischer, former white house

press secretary, we've been listening to all of this. are your thoughts on where we are, where were going? >> you asked about a white board to some of the legal situation, i have been to have one. this is how you sum up a legal situation. i've never seen such a thing, you're going to have mayhem for different reasons in different states. let me give one suggestion from a communications point to the republicans. it is far stronger to let the evidence do the speaking instead of the accusation. in other words, it's way better. don't go around saying this judge is a hack, we know their staff, we know there's fraud. in philadelphia's second ward, we know that john smith, who died on september 1st 1999 cast their ballot, we know and walk through the specifics of what was wrong. in nevada where you have the woman come to the microphone and say she tried to vote but they wouldn't let her vote because

they said she already voted, demand the board of elections release the signature that accompanied that vote and match it to hers. this is how you start to convince the public that there is something going on. everybody knows about broad, sweeping generalizations. evidence counts more than accusations. >> martha: i think that's a great point, ari. the woman who spoke out there first, then let it go from there because when people start hearing that there's thousands of people who have voted from out of state who don't actually live in nevada or that their spouses are people who are dead who voted, we need to see some evidence of that, nobody is shying away from a story here. >> bret: were not saying it didn't happen. >> martha: if it happened we need to see some evidence of it so we can dig in and keep reporting it and investigating what's going on there. >> in september i spoke to a top

elections official in nevada, nevada had never done this before in a general election. so they are learning, trying to figure it out. in an nevada primary, democratic primary he told me that 10% of all ballots sent to voters in clark county were sent to wrong addresses and bad addresses, we are trying to fix that but it wasn't fixed because of 10% went to bad addresses that's 170,000 ballots sent to places they should not of been sent, 170,000 actual lives ballots sitting around a lobby, sent to a wrong voter, this is what you have to dig into if you are in nevada. >> harris: you have to follow that up by looking to the situation, did any of those ballots arrive in these counting centers? if so, who filled them out? that's the chain of custody we have to follow on these ballots in order to see if there's a story there. this universal ballot stuff, we

had it in jersey, too. i had one neighbor who got six ballots in his mailbox, he went and distributed them to his neighbors. but it certainly leaves room for error. >> bret: there is a possibility in these paper ballots that there will be thousands of ballots that don't fit what the state law says they have to do, whether it's signatures are ideal or postmarks, should, sounds like the republicans are going to fight on every front, he and a place like georgia where it's not just the presidential election but there's also the purdue race that potentially deals with the balance of power in the u.s. senate, there is a lot of pressure from donors i'm hearing that they get in that game now. >> rules batter, the law is not a suggestion. if the law in one state says no ballots can be received after election day, midnight, no ballots can be received whether

they are all red, all blue, or mixed counties. if it says a signature, not meeting if there is a check if the signature is not proper, if it doesn't count, if it doesn't match the signature on file it doesn't count. you are either a nation of laws or a nation of men who make up the laws as they go along and we are a nation of laws. so rules matter, particularly under stress where rules matter the most, everybody everywhere must follow the rules. >> martha: thank you, great to have you with us this morning or this afternoon. >> bret: will bring in two additional fox news contributo contributors. mollie let me start with you. a number of legal actions of the trump campaign is launching, it is important when we look online, twitter and facebook

that we deal in facts and not fiction but there are concerns that are going to be battled in each one of these states. >> it's always important for people to have confidence in their elections and i think that's particularly true this year, no matter who is declared the eventual winner and you can think about this in terms of what it feels like to be a trump supporter over the last five years, what that experience has been like, where you saw big media basically lose all credibility that they ever had, they did everything in their power to unseat the president whether it was dreaming up false, crazy conspiracy theories, or really pushing the impeachment battle or whatever it may be, you saw big tech pullout all the stops to put their finger on the lever in favor of preferred candidates and against president trump and people who support him and you also saw big corporations take a huge swing to the left, pushing

social justice theories and pouring money in support of biden, the biden campaign was out funded by billions of dollars pending on how you look at this. so then you say to these trump supporter's who have been claiming to be concerned about the problems that could be caused by mail in validating for months, that their concerns were overblown and then when they witness some of these concerns come to fruition, the lack of accountability and in terms of how the votes are going and being told that they can't go in and check on whether these are accurate votes is a very scary situation no matter who is declared the winner. it's very important that people in the media really push for that transparency and accountability so that no matter who is determined to be the winner people can have confidence in this and unfortunately because of the behavior of a lot of the people over the last 45 years, they don't have confidence in the elite authorities. i think it's a very important time for americans.

>> martha: we are looking at today's postelection, still too close to call at this point. a number of questions about how all of this is playing out. what's your big picture take it as you look at the situation 48 hours later? >> my big-picture take is that democrats and of the biden campaign are confident that when every legal ballot is counted across the country including in pennsylvania that joe biden will be the next president and it may take some time but especially in a state like pennsylvania they are confident that they will eventually win. they are also making the point that it's not a coincidence that the states where the trump campaign is suing to stop the votes are the states where trump is currently ahead by projected not to hand up ahead at the end of the day and the seats where the trump campaign is trying to throw out both set of already been counted are states like

michigan in nevada where donald trump is behind so these lawsuits in many ways are political tactics to try and actually do something mollie just reference, give people less confidence in the vote. and a last ditch effort to try to see if there's any way that donald trump can still win. there is a small path, we've talked about but the biden campaign is very confident today. that a lot of this is just political noise and i when we get to the end of counting legal ballots, joe biden will be the next president and will win and some of these swing states that he flipped like michigan and wisconsin by a bigger margin than donald trump did four years ago. that is pretty extraordinary. speed you transparency obviously very important, dead people can't vote, nonresidents can vote end and stump states you can't vote after an election. >> bret: we are awaiting an update from fulton county, georgia, as far as a number of different votes coming in, we

will have an update on georgia, new numbers and nevada. we are following it all as we continue our coverage of democracy 2020 here on fox news channel. ♪

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speech you we are watching the situation in allegheny county, which is pittsburgh and why the votes are not being counted the. what kind of progress is being made on this? what are we hearing is going on over there? >> let me try to sort through this. there are 35,000 mail-in ballots in allegheny county that are outstanding. the reason why the majority of those ballots, 29,000 ballots cannot be counted today because

of a court order involving the fact that 29,000 ballots were sent out incorrectly in allegheny county, they had this issue about three weeks ago, 29,000 mail-in ballots were sent out incorrectly to folks in that county, the judge said that the 29,000 ballots cannot be counted until after friday because friday is the deadline for people to be able to receive mail-in ballots. we know that they are saying they are doing administrative work, the administrative work involves the fact that they have just sit through 29,000 ballots to put one pile of the corrected ballots that were sent in, another pile of people who may have sent in the incorrect ballot and a third pile for people who may have sent a corrected and an incorrect ballots of this was a error from a third party vendor three weeks ago in allegheny county, they misprinted some information and

people got incorrect ballots of the administrative work happening in allegheny county is really about sorting through those ballots and making sure which ballot counts based on the court order. it has nothing to do with the pause in philadelphia regarding what's happening in that convention center, allegheny county is based on that court order, it's a lot going on but i wanted to clear that. >> martha: they are trying to determine whether or not john doe sent in his first ballot that was not a valid one and the second when i was corrected, is that fair? >> the judge said here in the court order issued a couple weeks ago that voters who, if you've got to go ballots, a correct ballot and an incorrect ballot, they're trying to sort through if i voted for biden on the corrected ballot end here, i'm just going to read this because it makes sense.

so essentially of voters who returned only a corrected ballot, for instance, they're only going to count your vote on a correct ballot but if you got correct ballot indent incorrect ballot. i'm trying to get through, it's complicated, 29,000 ballots were sent out incorrectly, we are sorting through -- >> martha: we've got pam bondi in front of the camera in allegheny county, let's look at that. >> the ones that might never be counted. as of today, as of last night, actually, in allegheny county, 675,928 votes have been recorded and put on the state web site. in the mail process of that, 313,072 were done as of last

night. at this point there were approximately 35,000 mail ballots that are to be looked at. in that 35,000 ballots to be looked at, 29,000 ballots have been ordered by federal courts do not be handled until 5:00 on friday. at 5:00 tomorrow they will begin going through that process. we also have another 6800 ballots with other issues, damaged in the mail, cutting the machine process, maybe there wasn't a secrecy on buffalo, dated incorrectly, et cetera, et cetera. those are going to be processed tomorrow by state order. those individuals will be sworn in by the board of elections of

which i am the chair, we will be swearing in the markers of, i can give you an exact number, dozens and dozens of our election workers. sworn in tomorrow morning at 9:00, by state law, all 67 counties are not permitted to swear in their election board members until three days after the election. first day tomorrow morning the election board will be sworn in to look at those 6800 ballots. they will be viewed by the public, by the poll watchers, by all parties that will be there. we want to make sure that every vote is counted.

they have not began to organize postmarked before election day at ballots. that came in and the mail, i don't know that they look at the mail today to see how many have come in today, there are also provisional ballots, the 1320 polling places as they voted on election day that somebody may be applied in the mail and didn't get their mail ballot are for whatever reason showed up and voted provisional. in the spring, the primary we have about 5,000 provisional ballots that were cast, i asked them a you could easily be doubled back for more, between ten and 15,000 but we just don't know. those boxes, the 1323 boxes brought back to the warehouse. what i workers were doing, organizing the tables, bringing

things from the warehouse over to the county office building that this process will begin to take place. there is no day off for the workers in the election board, in fact i have to drag them over today, david has done a great job, but also i county solicitor over at the warehouse. and all members of the county election department and staff working about this, with that opening up to it any now. that's what they opened up in the mail yesterday, yes. they will probably be set aside, start to open those up and

process those. no, all three days that they are allowed, there will be ballots that come in today and ballots a come in tomorrow, take that grouping and set those aside. >> all of that. >> yes, that is correct. >> [inaudible] >> correct. >> how many of those? >> there's no way of knowing that, my guess is it is not a very high percentage, most of those will be counted but i can't say that until the return board starts to go through them. >> it has to be reissued.

the poll numbers should be lower than that, correct? >> i assume that should be correct coming as. >> [indistinct] >> state law requires that three days after the election, not beforehand, that the boards of elections in all 67 counties have a three member board of elections, they will all be swearing in their return boards tomorrow, and then they'll begin that process. the poll workers from all parties and view how the ballots are opened, how the ballots are viewed. that will be happening over at the county office building. the warehouse, i guess it's too big. we are doing it at the warehou warehouse.

>> [indistinct] >> let me ask the solicitor to answer that question. >> you're talking about -- >> bret: that was allegheny county officials talking about how their account is going to be a little bit delayed, it's going to be until friday now that they will get to the remaining part, explaining the issues here. each one of these counties, not just in pennsylvania but in each one of these dates that we are following where the boat differential is very tight is going through a process, some of them are better at it than others. let's bring in our legal panel again, emily, we were talking earlier with andy about the different kinds of legal

challenges but now they are adding up as far as the possibilities in not just one but maybe four, five, six different states. >> that's exactly right and some have commonalities. in pennsylvania and in michigan we saw the trump campaign argue for that meaningful access and we saw today in pennsylvania a temporary halt in ballot counts until that meaningful access was guaranteed and until the g.o.p. activists could enter at the polling stations. i want to point out something for reviewers, judge ruled on a prior pennsylvania case that said look, these guys can be observers but not auditors, he to make they maintained that 6 feet of distance, 6 feet is okay. in pennsylvania obviously we see some lawsuits and if i can point out we just heard mr. fitzgerald from allegheny county and the things he was talking about are already the subject of ongoing action, the 6800 ballots he

talked about, there is a presumption of validity with those in the trump campaign has argued against it as well as the g.o.p., he also mentioned those ballots that are unlawful, that, too, is the subject, you mention provisional ballots, there's another cause of action the g.o.p. has filed that said disqualified voters in pennsylvania that were given provisional ballots to fill out instead, that, too, they argue is invalid and back to the mantra we discussed yesterday, the narrower the margin, the more crucial the litigation is because it actually has the potential to change the outcome. >> martha: we were talking to ari fleischer moments ago and all the things that emily details, all of these districts have rules about how, what constitutes a legal vote. it would have to be signed and postmarked by a certain date,

these are not things that are fluid, these are the rules of each one of these counties so in order to constitute a legal ballots, the ballots must adhere to those rules, right? >> well, yes, but i'm thinking, martha, of the thousand appellate court decisions that start out with a line that says the defendant is entitled to a fair trial but not a perfect trial because there are no perfect trials and there's probably nothing on earth that's probably more regulated than a trial. but mistakes happen and at a certain point when you are analyzing it, you have to look at it in terms of, did so many bad things happen here that we have a critical mass such that we have to just say that this was not, this didn't rise as a process to our due process standard? or is it one of those situations where there were a bunch of mistakes because mistakes happen

but they were dealt with as they happened and they didn't create such a doubt about the process that we have to throw the whole thing out. and along those lines in response to what emily just said which i agree with wholeheartedly, one of the things that you have to remember when you are accumulating all these errors is we don't have a national election. 50 different state elections. so if there's a lot of funky stuff that happens in pennsylvania, that could accumulate into a problem of pennsylvania. i had don't think we should let it bleed over into our consideration of every other state. we are to remember these are 50 different contests and even though different kinds of problems have been in different places, that doesn't mean that e place that we should assume that not even necessarily that that place was so unfair that the election is to be thrown out but i don't think that should bleed

over into what we consider with respect to the other election. >> bret: emily, very quickly, you talked rightly about the legal filings that become more important as the vote difference narrows in these states. there is a possibility, though, with a vast amount of paper ballots that came in that you could be talking about invalid ballots in not only the hundreds but the thousands and some of these cases. >> that's exactly what the trump campaign is arguing in the data where they say that up to 10,000 ballots were cast illegally and were not cast by residents. they also argue a host of other irregularities, up to 18 ballots to one home, a woman showing to vote and told she had already cast her ballot in the lake in addition to their prior actions there so that's one of the many legal arguments and it all goes back to, if the decision is ruled in their favor, will it make a difference in the account

and will that make a difference in the actual election? final quick point, the biden campaign has come out and called these legal actions "pathetic." if there ias an attorney and amf there ever is a chance to persevere in court, you should do so because you preserve your right to have that leak was doinlegalrecourse taken. >> martha: "if you count the legal votes i easily would make this election. if you count the illegal and late votes they can steal this election from us." that's from the president, that is clearly the way that he sees this right now. we've got a number of states that are not called at this point, we are going to get a news conference in fulton county shortly as well, in georgia where they are still waiting for more votes to come in. we will get you a quick break and come back with more,

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will take you to fulton county, officials are giving an update on what is going >> a great example of how we do things be more pleased with the

results could i have ever imagined that fulton county georgia would be at this point in time, at this moment in history what it appears to be with respect to the outcome of the 20/20 presidential election. i'm excited to be here and to think you all for being here with us this afternoon. with that, i'd like to ask richard baron our director of registration and elections to go into more detail about the process of where we are at this point in time. >> good afternoon everyone, good to see everyone here. so far we've come to 145,748 ballots, we will be sending those over shortly. we also will be processing 3600 provisional ballots by tomorrow and if we receive any military

overseas ballots we will do th that. we also have approximately 1200 ballots that were signature mismatches we went to the original voter registration application and so both qualified and we will be doing those this afternoon and then that will conclude all of the absentee process for us. once all of that goes over to our english street warehouse i talk to everyone about the vote review panel. vote review panel once the scans go through, they look at voter intent on any ballots that are flagged. and to determine how the voter wanted to vote. the fulton county republican party and democratic party appoint members to the vote review panel. the other thing i'd like to echo german pitchairman pits, thankse

atlanta hawks. we started working with them in june after the june primary and we've been working with them ever sense. we had a fantastic early voting this time, we voted more than 315,000 early voters and the hawks were a big portion of that. they never had any alliance here, they could process so many voters. i do want to thank the owner of the hawks and all of their staff who were a joy to work with. i also need to think my staff, because they worked tirelessly since the end of probably before march. before that, election was canceled during early voting. and they've been through a lot.

we had 28 covid infections now this year, we lost a member of our staff in the spring, and we had somebody else test positive yesterday. so that was a major challenge for us this year but we were able to come through with this november election even with 25 covid infections in our warehouse and we had a good, solid election day and i can take any questions. or do you want to speak to anything mr. mark >> how many votes still need to be counted? >> we've posted i believe 138,646, that's the number in my head. you go to our website, you can see if that's an accurate numb number. those have been through ballot adjudication so the remainder will go on there.

i got 145,748 i counted on the scanners and there will probably be another 1200 added to that for the vote review panel this afternoon. >> we are getting into fulton county georgia as they talk about what's happening there. >> georgia i think is 13,000, adjusting and it is narrowing. the presidents lead there, 13,539. and fulton county is saying they've got some more votes and that's where the tightening is coming from. >> we are getting to a point where i think so many states are going to be called over perhaps even the next few hours and you look at some of the different scenarios for what that might look like, do we have this what if? >> i think we do, let's put alaska is definitively going to go to donald trump, let's just

put up the electoral college numbers. you see on the side of the screen 264 to 214, the yellow states there. alaska we haven't marked but it's going to go, he'll be up to 17. donald trump basically has to run the cable and get nevada as well and pennsylvania and that's why all these fights are happening, to try to get the count to where the president can pull off the straight flush. but it's easier for joe biden at this hour to win nevada or possibly georgia. >> and they are we should point out still counting votes in arizona, nothing stops after that point they are going to still count those votes and to see what the outcome is in that state. so all of this basically for the biden team if they are able to flip the states that president trump won last time around pennsylvania, georgia, arizona, nevada. nevada he didn't win last time

around. >> we are going to follow it all plus the balance of power in the u.s. senate, at all hangs in the balance. thanks for sticking with us here on fox news, we'll continue coverage throughout the day. >> harris faulkner is up next "outnumbered overtime," we'll see you later. >> harris: we begin with a fox news alert, a cliffhanger in the presidential race as you know as the legal battles now are moving forward. and as we see that situation we are following in several states with our reporters john roberts following me trump campaign and what's happening there. john. >> good afternoon to you, the term campaign putting out a statement under the president's name in the past hour about this whole situation. the president saying "if you count the legal votes i easily count the election. they can steal the election from us." in pennsylvania, a judge ordered that