pennsylvania go without having looking at every single ballot. it's shameful that the boards of elections here in pennsylvania thinks they do not have permission to listen to a judge's order. what has america come to? this judge has ordered us inside to review the process and the board of elections and you remember sheriff said no. so what do we do? we go get relief by the federal government to make sure every legal vote is counted. thank you very much. we believe every legal should be counted and we're going to make sure every vote is looked at. thank you guys efrment.

>> jesse: those are members of the team wrapping up a press conference. i'm jesse waters and katie pavlich, juan williams, dana perino and greg gutfeld. this is "the five." the fight for 270 still on. several key states remain up for grabs. you just heard from the trump team. now we're awaiting a news conference from the pennsylvania secretary state on election results in that state, which is still undecided. also still too close to call are nevada, north carolina and georgia as the results continue to roll, the legal battle over them is ramping up. joe biden speaking about 30 minutes ago. he's confident he will come out on top. >> no doubt when the count is finishes, senator harris and i will be the winners. so i ask the people to stay

calm. the process is working. the count is being completed. we'll know very soon. >> jesse: the trump campaign unleashing a blizzard of lawsuits in these key states. let's check in with john roberts. john? >> good afternoon to you. we have a lot of press conferences from the trump campaign going on today. that one from corey lewandowski and pam bondi. another one with doug collins at 6:00 p.m. we had one in arizona. david bossey leading that one. the news out of phoenix, the trump cam still believes, firmly confident that they have the votes to win it when everything is counted. there's 417,000 ballots according to the campaign left to count. the current split is 68,000 between the president and joe biden. after tonight's ballot count dump, they expect the president will be within 40,000 votes open

joe biden. there will be another 325,000 ballots left to go. they believe they have the numbers and the percentages for the president to per vail. less to what david bossey said a short time ago. >> even today, there's hundreds of thousands of votes. i can tell you it's trending in the direction of. donald trump. >> in the current trends continue as we have seen because we follow the science, president trump will overtake joe biden and we're going to win. >> that was not david bossie in a red dress. that was the arizona republican chair woman. in nevada, they filed a federal lawsuit this afternoon. the complaint from if the -- the trump campaign is people that no longer reside in the silver state cast ballots and ballots cast in the name of

people that are deceased. they'll provide a lost of those votes to local law enforcement authorities. nevada very tight. there's still more vote coming in later on tonight. now back to where we were at the top of the hour here in case you just tuned in. earlier today, a judge in pennsylvania ordered the local county elections board to allow republican ochers to get in to where the votes are being counted and get within six feet of the tables so the republican observers can take a look to see whether or not those votes yes valid. when pam body and corey lewandowski and their team came in, they moved the goal posts. listen to what they said. >> we cannot count the votes properly. what is happening is they have moved the barrier up to six feet

but they took away the ballot machines. your legal vote must be tabulated. they're not doing that. >> the sheriff of your county are not enforce a court order what are you hiding? open up the doors. let us in. let us six feet away so that we can have a free and fair election. >> as you heard pam body and corey lewandowski say, they're going to federal court to seek relief. now jesse, wrapping up, pennsylvania and how that is looking for the president, there's still according to the secretary of state 340,000 votes yet to be counted. the president currently leads by 97,000. but there's still 92,000 votes in heavily democratic philadelphia county that have jet to be counted. the president does have a lot of outstanding ballots as well in counties that skew republican. one thing that you can say safely about pennsylvania, it is going to be close and so is georgia.

if the president doesn't get pennsylvania or doesn't get georgia, he will likely not matter anymore. >> jesse: thanks, john. greg, as john said, the key is pennsylvania. if he doesn't get pennsylvania, his path is shot. there's just a lot of upset people watching on television. you hear that republican poll watchers are being prohibited from monitoring the count rooms in philadelphia. then you know, it's really sad that that is happening and shouldn't be happening. >> greg: yeah. i'm not sure if this is a first world or third world country. i'm thinking, who made this bed? let's say it's not anything going on. just mere incompetence. the democrats for four years have said that trump is an apocalyptic threat to our nation, to our species. he has to go. that will elevate suspicious among everybody else that likes trump that there will be fraud. if you're that emotionally

invested in getting rid of somebody and especially the hard left that are emotionally invested in politics, they're going to do anything that they can. they will cheat. your suspicions are valid. if they think he's hitler, cheating is justified. so you hear about the ballot dumps going on, emphasis on dump, you think imagine watching the super bowl and suddenly, you know, the cowboys or the patriots find extra points in the locker room. they disappear on the scoreboard. you are like a little suspicious even if -- even if the fraud is inconsequenti inconsequential, you understand why people are suspicious. i would say the media or the democrats, you cannot -- you cannot criticize voters for feeling this way. you can't mock them or laugh at them. you spent four years shouting

election fraud with this dossier. so they have real evidence by your behavior. the fact is, you know, voters have a right to be skeptical after what you have done to them. you put them through hell for four years. give them a week or two to figure out what is going on before you call it a conspiracy theory. they're only acting as a reaction to your behavior. >> jesse: katie, nobody specifically is on this show at least accusing anybody of committing fraud. all you're saying is, show us there isn't any fraud. when you say show us the count room and they say no, you're locked out, that raises a lot of suspicious in a city that has a history of chicanery when it comes to elections. >> yeah, going to election day, you lad the attorney general of pennsylvania that will oversee the litigation here saying there's no way president trump can win. philadelphia is the notorious

for voter fraud. there was an elections judge in may of 2020 that was convicted for taking bribes, changing ballots and certifying false election results. and then the lack of transparency with the poll watching. when it comes to elections, especially in a swing state like pennsylvania at a time we're in now, transparency is everything. you have to show everybody what you're doing. the idea that democrats are trying to keep republicans from actually seeing what is on these ballots by continually pushing them back while other precincts have poll counters with biden and harris masks, of course there's questions. it's legitimate for them to be asking questions. >> jesse: juan, why did the biden team sue and appeal the order to prevent republican poll watchers to get access to the count rooms? >> i think it's obvious that if you're counting ballots, you're

involved in a month says. it's laborious and it's sacred. you don't want people there making it to some kind of political show and disrupting that process. that would make it very difficult to do. >> jesse: but they haven't disrupted anything. >> i find this so troubling. voting and the voting process, there's no evidence of fraud. none. after the last election 2016, president trump said oh, he didn't lose the popular vote. he just said there was too many fraudulent votes. he established a commission, jesse. the commission couldn't find any fraud. even today there was a woman -- >> jesse: and you lock the door -- >> hang on. let me finish. there was a woman that was being used by the right to say here's a woman in nevada that said she wanted to vote. she couldn't vote. so what happened? guess what? the electors found the woman and say wait a second. we have a ballot with your

signature on it, right? guess what? she didn't challenge it. in other words, she was making stuff up. you guys want to use her as a tool. >> jesse: i'm not talking about that. move on. i'm going to use my cookie analogy. so when my daughter goes into her room and looks the door and i say knock knock, do you have any cookies? there? she says no. i said can i come in? no, you're not allowed to come in. something tells me she has a cookie. >> there might be a difference with children and -- >> view i don't know been to an eagles game? >> i have never end why the republican state legislature in pennsylvania pass add law that said you could not count mail-in ballots until election day. this could have been done. this could have been finished. this would not be happening in the wake of trying to get to

270. i'm sure they think they have good reasons. hard to understand what they were. >> jesse: both sides are at fault because the process is suspect in the state that could hand joe biden the white house. >> greg: what happened to russian interference? wasn't that a big deal? we talked about russian interference two weeks ago. the democrats are still talking about russian interference. i know we have to go. >> what does it do with this? >> greg: exactly. you're no longer talking about it. >> they may have done propaganda. republicans -- >> greg: we shouldn't be talking about it. >> trump is losing. >> jesse: no one is undermine ago public faith more than democrats shutting out legally allowable poll watchers. more to come as the presidency hangs in the balance. we're awaiting a news conference from the pennsylvania secretary of state on results in the battleground. the latest next. ♪

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>> dana: we're waiting for a news conference on pennsylvania's secretary of state for results in that battleground. it was several states with thin margins. let's check in with bill hemmer. >> i'll fly you around the map. starting out in arizona. we called this the other night. the trump team thinks they're going to flip this state. could have more votes. stand by on that. we don't believe we'll see anything out of nevada until tomorrow morning, late morning in our time in new york. so you're down to 11,000 votes that separate biden and trump here. come over here to the east coast. georgia, this is where you stand at the moment. i've been watching this all day. getting tighter by the moment. .9 to .7 and .2% that separate donald trump and joe biden. in pennsylvania, very interesting.

i'll tell you, i told neil last hours, we started working this earlier today, 10:00 a.m. east coast time. the difference between biden and trump at that point was 700,000 votes. check that out. that is not correct. it was 700,000 outstanding votes across the state. that's right. went down below 700,000. the difference at 10:00 a.m. was 135,000. went to 115,000.right now just dropped again. had been 95,000 and then 5,000 votes more just came in. so it goes to 90,000 which leaves you with a 1.4 percentage points lead for the president in pennsylvania. here's philadelphia. a lot of votes out there. heard john roberts. i was told the number is higher for outstanding votes. joe biden is getting 80% of them. just bop around these counties in southeastern p.a. bucks county very close. you have 8,000 vote difference there. montgomery county, 130,000

difference. chester county, 50,000. might as well complete the play, right? delaware county 71,000 difference. so we'll see here. through the course of the night and now and to tomorrow, very clear focus on what is happening in southeastern p.a., dana. >> thank you, bill. we appreciate it. awaiting for the press conference that the secretary of state from pennsylvania has called. we will bring that to you as soon as it starts. katie, we knew that pennsylvania was the place, right? that's why both candidates were heavily focused there. >> katie: president trump visited pennsylvania many times. we thought the results in ohio would give us an indication. so far it's that way in western pennsylvania but in philadelphia, a but strong hold. it's a battleground state. that's why both candidates focus so much there. don't forget though, the biden campaign saying that they did

not have to win pennsylvania for their path to 270. as they may win nevada, arizona is still out in terms of we've called it but the numbers are still coming in. pennsylvania has been the focus for a long time for a reason. >> dana: any other thoughts on philadelphia, jesse? >> jesse: yeah. i want to speak from the heart. i grew up in philadelphia. this is the city where they had black panthers with billy clubs outside polling locations. this is where they hand out street money on election day. katie brought up voter fraud. a just got popped. i want to know if what is going on in philly is on the up and up. you can't do that if they prohibit poll workers for legal access to the count rooms. if everything is fine, open the doors. it's very suspicious. now you'll have 80 million americans not believing in the integrity of the election in philadelphia, this is a secretary of state in

philadelphia that is tweeting nasty stuff about donald trump. the a.g. in philly is going on rachel maddow in prime time announcing there's no way donald trump can win. donald trump, i think he polled 18% of black male voters. you're saying he's getting crushed by these margins in philadelphia? you're saying joe biden turned out more people than barack obama? some of the stuff is just -- i want to believe that it's fine, but just the fact that the department of justice, the civil rights division hasn't gone in there and enforced the court order to allow access to the count rooms. you'll have this whole lead by donald trump chewed away behind crooked closed doors in the dark of night? we don't know what is going on there. juan is laughing. even he should be ashamed of himself. what is happening there is a disgrace.

republican leaders should actually speak up and say, what is going on in philadelphia is undemocratic, it's not transparent and we want to have faith in the process. right now there's no faith. no faith in the process. >> juan: there's nothing nefarious -- >> jesse: why lock the doors, juan? >> juan: what you have is proper care in counting ballots. if you heard from miss perino, it was a republican legislature that said don't count -- >> jesse: i'm talking about the poll watchers, juan. >> juan: let me finish. i let you rant. >> jesse: it was from the heart. >> >> juan: from my heart, if republicans said count these absentee mail-in ballots before, it would have given people enough time. >> jesse: i'm tell you from my brain, you don't count in dark rooms -- >> juan: as you guys keep saying, philadelphia is so dirty, donald trump and his election fraud commission would have raised a ruckus. they found zip.

>> jesse: they prosecuted a judge for falsifying -- >> juan: the trump campaign in addition to throwing up all that ugliness -- >> dana: all right. we told you about the secretary of state in pennsylvania has a news conference. it's started. let's go to that now. >> hundreds of thousands of ballots have been counted so far today. we're in very good shape. but there's still still some to count. so they're working incredibly hard and will keep counting into the evening. you know, stay tuned. so let's see. we've been in very close with all 67 counties to make sure that they're reporting as regularly as possible. all of you, everybody around the country, around the state are eagerly awaiting and i can tell you the counties are, too. they're really taking their time, making sure that every single voter in the commonwealth who has cast their ballot is

having the ballots accurately and securely counted. so you know, as you know, we're going to keep counting. military and overseas ballots are coming in. they will continue to be accepted through next tuesday. there are obviously provisional ballots that will have too be counted as well after the initial round of ballots. and you know, i think whatever the outcomes are, i can tell you that i'm so proud so work with the 67 counties and the election officials that are just doing an amazing job, getting these counted accurately and securely. so i'm happy i think with that to take your questions. yes? >> the integrity of the election has been questioned quite a bit the past several days. seems to be intensifying now. the final states that we're waiting to hear from. what is your message to the

people of pennsylvania and the people of the country and the way things work in pennsylvania? so as we've been talking about for months, pennsylvanians have more choices on how they have been able to vote this year than they've ever had in the history of the commonwealth. no matter how they voted, what is critical here is that we have very strong processes in place that makes sure that that voting integrity and security are constantly followed by every county in the state. so for example, we talked about -- i think it was yesterday voting by mail in pennsylvania. so the process, though it's new under act 77 that we can all vote by mail, it's the processes that we've used nor decades for absentee voting. so voters have to checked against voteser records and databases to make sure they're qualified voters to make sure they are who they say they are.

they cast their ballot's and checkeded again when the ball lot is received that they're an approved voter. very secure. there's really like the strength of the integrity of this vote is really unparalleled. same when you vote in person. you have to be registered. you go in. you sign in the book. all of these things are tracked. the voting systems and our databases. make sure that no voter can cast more than one vote. it literally has a hard stop. should anybody even try. and the counties again, as i've talked about, the amazing county election officials, they take this so seriously. they're such professionals. i can say no matter how you chose to vote and so many pennsylvanians have and looks like it's going to be great turnout when we finalize the numbers, that every method is incredibly safe and secure.

>> you said if i understand correctly, there's enough results coming in tonight for the presidential race and who the winner will be. can you put a finer point on it, how long -- what makes you say that? >> so the counties are continuing to count. that makes an impact -- so you know, the final results are not certified until 20 days after the election. i want to be clear. we want to see who the winner is. the further apart that is, the easier it is to tell. it's very close in pennsylvania. there's no question. so that means it's going to take longer to actually see who the winner is. i can tell you there's several hundred thousand ballots remaining to be counted. you can track that, what

counties that it remains in. look at our website. you'll see how we get to the conclusion. you know, either way, i want to be clear, that these are just the mail-in and absentee votes and in-person votes. you know, huge, huge majority of the in-person votes have been counted. we're in a good place with the mail-in and absentee ballots but not there yet. and then there's provisional ballots and so forth. the closeter race is, the longer it takes. what i've said all along is that the overwhelming majority of ballots will be counted by friday. i still think that we're ahead of schedule and -- because it's a close race, it's not quite clear yet who the winner is. so yes. >> you mentioned provisional ballots a couple times. how many of those have been cast

statewide? of those, how many have been counted and reported? >> so very few have been counted because that usually happens following the counting of the other ballots. so usually -- counties are not going to start that until after they finished with the others generally. so we don't know yet. we've been reaching out to the counties. somebody asked me about provisional ballot numbers and numbers of ballots arriving after election day. so provisional ballots, i think we've heard from maybe 2/3s of the counties. so i don't have a firm number yet. as soon as we do, we'll report those numbers. >> can you give me your best estimate? >> the provisional ballots? it's still early yet. let's touch base again after i have more than the number that i have so far. >> no guesstimate at all? >> it doesn't -- the context

matters. right? so if i tell you a number that reflects 41 counties, it could not -- could not be reflective of the whole because it matters which counties they are. we'll circle back with you. yes. you. sorry. >> i know that you stand by the integrity of the election so far. have you or any of the counties investigated any specific allegations of voter fraud? >> no. i mean, i'm not aware of any. i would say you probably heard some weeks ago that there was a gentleman in lucerne county that tried to apply for a ballot for his deceased mother. i don't know if you heard that. that was several weeks ago. that was the only indent that i'm aware of in this year. yeah. yes, sir. >> i know that you said a minute ago that you guys have counted the vast majority of the in-person election day votes. can you give us a more specific sense of how many of those are

outstanding? is it fewer than the remaining mail-in votes? >> go to our website and the supplemental dashboard. if you look at the pie chart. night be 99% are counted. whether it's 99 or 98.5, go to the dashboard and it will tell you. >> dana: >> what more beyond the mail-in ballots? >> a tiny fraction of precincts that are not counted yet. a very small number. yes. >> the outstanding mail-in ballots, does that include counties -- have all counties segregated what came in after election day? >> right. the ballots that have been counted so far are the ones that came in by november 3. so all the counties are going to be segregating that came in after 8:00 p.m. november 3 through 5:00 p.m. on november 6.

yes. >> there's seven precincts in allegheny county that are not recording anything yet. that includes election day in-person ballots. do you know what is going on there? >> no, i don't. i'll check with them afterwards. i mean, i know what is going on in the others. but not those seven precincts. we'll reach out to them. yes? >> do you know how many mail-in ballots are in route? >> we know how many are in route? no. i can tell you that the numbers that have come in so far are a tiny fraction of what came in after the primary. so i don't think -- usually based on historical numbers you get the most ballots the day after election day and dwindles from there. i don't expect it to be

significant. >> do you know how many mail-in ballots were surrendered on november 3? >> not yet. because the voter declarations had to be signed. they'll be able to be track the provisional ballot voters, the ones that didn't surrender their ballots that will take some time. thank you. yes. >> have you taken any special safety precautions and should the county workers that are doing the counting be concerned about their safety? >> so by safety, you mean from the outside world or -- >> physical safety, yes. >> you know, the counties really have -- are in the best position to assess that. as you might imagine, we have a great commonwealth. a lot of diversity from very rural counties to urban counties. it's really not a one size fits

all assessment. we talk to the counties and issue guidance and directives on security of, you know, the voting systems and the locations and you know all of those things. i think the physical security of the staff i would defer to the counties on. >> what about you and your staff? taken any special precautions? >> yes. we have security. we make sure where our operations are are secure and safe. thank you. yes. >> i was going to ask you about the later on ballots, if you have any kind of idea of how many there are. facing these questions, i get a sense you don't know. you told cnn it was from zero in some counties to hundreds in others. can you be a little bit more -- yeah. it's again, it's a lower -- it's significantly lower number than we thought. we've heard from -- i apologize.

i forget how many counties. it's not a full picture yet. it's a much less significant number. it's like a fraction of what we saw in the primaries. we saw 60,000 in the three days no lowing the primary. it's not going to be anywhere near that. is so once i have the full -- again, i think i have maybe 2/3s of a county. so i want to make sure before i give -- what i said is true. it's been -- there's some counties that got zero the day following and some that got in the hundreds, maybe 500. that's the range that i have now. i don't want to give and overall picture until i make sure i have every county in. thanks. it's smaller. >> if i can double back on mail-ins. uncounted mail-ins. you said there were several hundred outstanding. we've heard varying numbers on that. can you put a finer point on that at all? what kind 0 figure we're looking

at? >> go to the website. go to the dashboard. it's constantly changing. as soon as i give a number, they get updated and different. it's a moving target. >> what the last number that you were aware of? >> in the 350,000 range. again, as soon as i said that, you're going to go to the dashboard and it's going to say it's lower than that. >> thank you for indulging me. >> so results in lancaster county were showing an amount well above the amount requested. nearly double the amount returned. can you explain why that happened and if that was county specific? >> i'm sorry. can you repeat? >> sure. in lancaster county on election night specifically, it was showing respects for mail-in ballots that was well above the amount returned and the amounted requested. can you explain how that happened? >> you know, i can't remember

lancaster county specifically. lancaster i'm thinking probably had to do -- they're one of the two counties that have hard voting systems. each voting system vendor has the way they translate with the data has worked differently. as you know, this dashboard and the website, it's the first year that we broke out provision al ballots and mail in person. some of the reporting, if the county's files were not done perfectly, it might merge to the categories, might put things in the wrong category. so we've been working on all of those quirks. like i know for example, york was off or the awhile. that is corrected. that may explained what was going on if lancaster. most of it is the way the county sent us the files. the data was not in the right

place. >> and is there a way that you can check it? >> it's fixed on the website. you can also -- i mean, i think i said this prior to these. you can always go to the county websites. you can look and see, it's an easy way to double-check. >> secretary, some tweets have surfaced admittedly from a couple years ago. your tweets suggesting negative things about donald trump. what do you say to people that jeez, you're the person overseeing the election and you have partisan views on it. what is your response to that? >> my response is. these were four years ago. at the time was not in the administration. i was not in any public service. i was a private citizen, a personal twitter account. so you know, to that and then when i became secretary of state, i took an oath to defend

the constitution of the commonwealth of pennsylvania and the united states. partisan politics have no place in the pennsylvania department of state or any county elections office for that matter. i mean, we work for voting rights and for effective election administration. i can tell you that i will do everything in my power to make sure that every voter, every candidate and every party have access to a fair, free, safe and secure election. i don't care what their background is. i don't care what my background have. that is what we do at the department of state. thank you. >> dana: that was the press conference that we waited on. i don't feel like there was a lot of information there. there's something on the ground that can help out. that is eric shawn. er eric, what did you get from what he said from that? >> the most important words,

they tuned. there was a lot of speculation that the state would announce the final results. it's not happening yesterday. we heard 200,000 or so ballots still to be counted. i'm here at the philadelphia convention center. inside they're continuing to count those ballots. they have about 91,000 ballots here in philadelphia for this city still to go. we're certainly going to be going on this through tomorrow if not perhaps through the weekend. this comes as the trump administration has launched two separate lawsuits. there's a lot of confusion here tonight about one of them. within the last hour, we learned that the trump campaign has launched a lawsuit claiming that the philadelphia board of elections has not allowed their poll watchers inside. the lawsuit claims that trump republican poll watchers have been barred from seeing this first hand themselves. that appears not to be true. i have interviewed for two days

now a gop trump activist that is a canvasser that has been inside this building. a source tells me that right now, right as we're speaking there are canvassers of both parties, a democrat and republican inside there right now watching the counting. although there is an interesting point about what can you see? let me show you a photograph, this is the view. this is the exact point of view that a poll watcher sees. this is taken by gop activist brian mccalfery. brian was angry about this. they were barred from 25 feet away. the judge ruled they could go to six feet. the city board of elections appealing that. this is the view of what a republican poll watcher is and has seen inside that room which seems to be conflict completely with the trump campaign lawsuit

and trump claims that their poll watchers are not allowed in this room. earlier today, brian told me how angry he was that he couldn't even get closer. here he is. >> i would like the judge to come here and define six feet for me. because we cannot see them. even though they have moved the desks up, i don't have a tape measure but i'm going to tell the public, it's 25 feet and we can't see anything. >> the president also last night tweeted that "they won't allow legal observers." that is not true. that's not a true statement. there are legal observers here. you just saw one with brian. we'll see how this plays out. there's a 7:00 p.m. federal court hearing. we'll see what the trump campaign brings to that court hearing and what the philadelphia board of election says and answer to that and see if not, that perhaps they are right and that their poll watchers have been barred from

where they think the poll watchers should be. so that should play out in 90 minutes from now in philadelphia in federal court. back to you. >> dana: sounds like it's rush hour there. thanks, eric. jesse, the secretary of state, i was surprised. why would you have this press conference to say we're working on it? eric shawn said that this might take through the weekend. >> jesse: what a mess, dana. it's sad. we should have found out on election night. if you scare the voting public about covid-19 to the point where they're so terrified that they can't walk to a polling station with a mask on and submit their ballot, you're just going to send out tens of thousands of ballots in the countryside and then you're going to see how many you need after the early vote and after the election day vote comes in and then you count them in a room where you're not going to have sufficient oversight. could you guys see anything that was going on from that picture of the poll watcher?

you're supposed to have eyes on the ballot to see if there's postage there, two how it is opened, whether it's a naked ballot or not and whether the signatures match and four, whether anything is interfered with while the vote is processed. that's impossible to do from that vantage point. it's corrupt. everybody knows it and it needs to be addressed. all republicans throughout the country should stand up and say that. >> juan: yeah, you want to encourage people to protest a legitimate -- >> jesse: nobody is protesting -- >> juan: the lady is doing her job. you want people to be over her shoulder -- >> jesse: six feet, juan. it's a court order. it says six feet. don't that look like six feet? >> juan: let me tell you the news that has you in this rage. the new is that -- >> jesse: i'm not in a rage. >> juan: with fox news having called arizona, with the president needing to sweep the rest of the states to have any chance and of course with joe biden doing very well in nevada, it looks like he has a very

strong chance of becoming president of the united states within a day or two. >> jesse: so if that's the case, let them watch the count rooms. >> juan: you rage because you have nothing to say. nothing to say except -- >> jesse: if he's doing so well in pennsylvania, why can't it be watched? >> juan: jesse, why don't we let crowds into this -- >> jesse: it's a lawyer, juan. it's a lawyer. it's not a crowd. >> juan: let the secretary of state -- >> jesse: let the poll watchers do their job -- >> juan: they do. eric shawn just told you. it's not true that they're not in there. they're in there. >> katie: obviously this morning there was a problem. the trump campaign issued a lawsuit that the judge in the court ruled in they favor on. if you're in the room watching but you continue see the count, that is a problem. according to the campaign, that is still the issue and they are -- they posted video back and forths with the local attorneys saying you can't come in yet. we're evaluating what the court

order is. the campaign pushing back saying why don't you understand what the court ruling is. so obviously there was an issue with access. you had in michigan where our reporters were reporting, matt finn was posting video of this, asking questions why does this happen, papering over windows in michigan when they were asking for access to watch the counting. so again, president trump might lose this thing. the campaign says he is still in pennsylvania, he can still win arizona. the fact is the numbers are tough for both candidates. they both have to make up a gap in both places. the fact is that just because the end result might be a win or loss for the president doesn't question questions about the process because especially pennsylvania will determine the future of the presidency for the rest of the country and the rest of the country has serious questions about the process and they deserve answers about a lack of transparency, why the lawsuits are happening what is the outcome and why local

officials apparently aren't enforcing a judge's order as of earlier today. >> dana: in less than -- in about hour an 13 minutes, the trump campaign will be back in court if philly seeking an answer. greg, in georgia, it's .2% between the two candidates. >> greg: you know what? you know who can help right now? hunter biden. no, no. he's a really good poll watcher. >> jesse: where is hunter? >> greg: an excellent poll watcher. a reminder to everybody -- >> juan: can you serve drinks now? i need a drink now. >> greg: lighten it up. just remember that after the 2016 election, there were a lot of democrat leaders urging people to hit the streets. maxine waters, remember what she said. it was about getting in people's faces. so i would be -- i'm not so much worried or concerned about what is going on with these protesters and whatnot. i do think that it is time for a change. i mean, we're a first world

country. we automate so many things. if robots can flip burgers, they can count ball lots. you don't have to stand six feet from robots to do the counting. that's where we're headed. i just want to mention, that i'm optimistic about what will happen. we keep thinking about what is next. remember how much donald trump accomplished within four years. okay? this was probably one of the most consequential political phenomenons that we've ever seen. whether you hate him or love him or somewhere in between, you got 200 federal judges. you got three supreme court justices, you got middle east peace plans. he brought in the appeal of the republican party to blue collar and black voters. let's hope the republicans capitalize on that. you know what? this is something that the left just should be thanking him for. he didn't start a single war. he kept you up at night with

tweets. the good news is, this guy did a lot. even better news is he's going nowhere. so even if he loses this election, i said this yesterday and people laughed, but trust me, 2024, he's going to be the nominee. i'll be in my early 40s. so i consider being the vp. i'm not sure how i feel about it. i think that barring any health issues, he will be back. the fact that he doesn't drink means he's not going to change. if you're a trump supporter, you have to feel good. you won. he broke the system. he broke the mold. he broke the media. he broke the pollsters. he broke the entire political machinery. nothing is ever going to be the same. you're never going to see the same thing after trump unless it's trump. >> juan: so he broke america. >> dana: american is not broken. >> greg: never gets broken. >> juan: he breaks apart trust in our country, trust in our

election process. you wait -- >> greg: you're the king of the russian collusion. four years he spread lies. save it. >> juan: you said maxine waters goes to the street. that excuses the fact -- >> greg: you know what happened? they looted, burned. >> juan: she said we have to have security. she has to have personal security just to count votes. you got these people screaming at people counting votes? >> dana: okay. all right. we have news, breaking in my ear. it is that president trump will be making a statement at 6:30 p.m. tonight. that's in about 39 minutes if i'm doing my math correctly. >> greg: it's think it's about his v.p. choice for go 2024. >> dana: you'll do a great job. >> greg: thanks so much. >> dana: much more to come on the 2020 race. stay with "the five." ♪ ♪ limu emu and doug.

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♪ >> time now for one more thing. juan williams. >> you know everybody loves jesse's feeding frenzy segment. well, today it, i'm jumping on the jesse bandwagon with food news. take a look at this. >> doughnut. >> that's right. international doughnut day, so the five staff brought doughnuts and for every last one of us, even the ladies who don't eat doughnuts. but do you know that every culture in the world, every culture, loves to eat fried dough? i can understand why because it's one of my favorite treats and for all of you with political anxiety majestic, that's you. the vote count that's going on in philadelphia, i think it's time for you to have a sugar

high. >> stress eating. >> comfort food, katie. >> juan, you can jump on my food train any day. >> you're a gentleman. >> all right. big news in the world of waters. intended as, waters world season ten drops on fox nation. everybody loves it. i used to love it. >> season ten? >> season ten on fox nation. here's a little sneak peek. >> what should i wear for my halloween custom? >> you could be a newscaster. >> the three wise men brought three gifts for baby jesus. what were they? >> some bread. >> baby jesus loves the bread. and we hear he likes doughnuts too buried >> eat that doughnut. okay, i have always been terrified to go whale watching. i don't like to be -- i respect what's underneath the water. take a look at what happened to

these kayakers out on the california coast when this whale jumps up and gets them in his mouth, okay? and then spits them back out. all right? they were almost swallowed, these two women. i told my husband i would never go whale watching, i do not want to do this out on the ocean. i respect -- >> they weren't in the mouth. >> yes, sir! they got scooped up. and then out. i mean, come on. thankfully they were fine and i get back to the car and they were like that was cool. >> i can't believe the whale watchers got access to the body of water. ththe biden people wouldn't let them in. >> [laughs] >> if you're a biblical story like i? >> jonah and the whale. >> i thought it was real until i was like 12. [laughter] >> well, maybe that was jonah. >> i do think it has happen. >> let's go to greg on his biblical -- >> yes, let's do this. ♪ get rid of that chart on the

right. no charts there. my favorite cocktail has three ingredients. one, a bush baby, two, slow-motion, and three, a leap. look at this fellow. look at this finesse, this athletic prowess in the way he lands is absolutely beautiful. look at that. if i could watch this for days, and i have a feeling i probably will. because, i don't know why. it's just something to watch. >> very cute. >> bush baby. >> katie. >> this is very cool, the army museum enterprises getting rid of 500,000 plus historical items, look at artifacts from its collection over the next five years. it's going to give them away to other museums, veterans organizations, national parks, educational institutions and the chance to back their own piece of history. and if there's leftovers, they're willing to open it up to the american public, which is great because they are available and probably going to sign up for one.

>> they are available you say. >> there is extra. >> i might need more than one. >> going to philly. >> that's it for us. we will see you back here tomorrow, special coverage of the election with bret baier, martha maccallum is next. >> next! is a good musical >> bret: welcome to new york, this is fox news continuing coverage of democracy 2020, i'm bret baier. >> martha: and i martha maccallum. breaking tonight, we are waiting for the president to speak over the course of this evening, about a half an hour from now. it's going to be the first time we'd seen him since the wee hours of wednesday morning. >> bret: this as joe biden is still six electoral college votes away from the presidency as the ballot count continues in a handful of key states, almost two full days after the closing of the polls. biden sits on the precipice of victory while president trump and his army of attorneys filed legal challenges in several of those states. the biting camp saying the prt