>> watch the president's lawyer's press conference, america deserves a challenge to trust in the election system. keep the faith, have a great saturday. "cavuto" let the count go on and on and on. we are focusing on developments going through state by state, as things stand here is where we are on the alleged oral vote count. joe biden is 6 electoral votes away, he would have to run the table to get another four year lease on the white house. let's get a read from david fund who is following developments at the white house.

we begin with david at the white house. >> reporter: the president tweeting several times about alleged fraud, there is no proof right now that there is any fraud with ballot counting. our sources say donald trump has no intentions to concede this race at this time and plans to continue through the courts as long as possible. i want to put up a full-screen, you see four of the president's tweets blocked by twitter, flagged as potential misinformation. he's talking about ballot counting and alluding to fraud, when twitter flagged his first presidential tweet, it happened frequently. this will continue to be counted in philadelphia where the president is alleging that fraud and corruption but his team has yet to show a specific instance of that fraud.

republicans and democrats have been allowed inside to watch vote counting specifically in pennsylvania and other states. samuel alito ordered ballots received after 8:00 pm on election day in pennsylvania be segregated, locking them down for the time being. it is likely they will be counted but this keeps the late ones separate. normally trump friendly wall street journal editorial page with an op-ed that says mister trump hates to lose and no doubt will fight to the end but will serve himself and his country best by honoring america's democratic tradition and leaving office with dignity. we have confirmed white house chief of staff mark meadows tested positive for covid-19. we have video of him on monday in scranton seen without a mask. and some instance high fiveing supporters, not adhering to

social distancing guidelines put forward by the cdc, with the president at campaign headquarters on election day in the east room overnight at 2:30 in the morning, both times he was not wearing a mask. he is infrequent contact with members of the administration including the president, we wish him well. neil: griff jenkins, we had a big opportunity for joe biden to make a big opening statement, one or 2 states would be called, none were but sounded like a victory speech. >> they were hoping it would come and it is only one more state and biden will get the magic number, the president continues to file lawsuits after lawsuit. the biden legal team is keeping their hearts close to their chest in terms of their strategy but they are continuing to raise funds. the one thing they are really

doing is exercising their patience. let's show you, biden leading in three of four battleground states. in georgia officials said a recount is possible in the last few hours, biden has increased his lead from 4000 to over 7000. in pennsylvania more than doubled his lead to 28,000 and in nevada where he has been leading, ahead by 22,000. biden sees a clear path to victory. as they wait for the call that never came, at the chase center behind me he has a mandate from the american people. watch. >> record number of americans of all races, faiths, religions chose change over more of the same giving us a mandate for action. >> reporter: i can tell you

they are not waiting, forming a transition team. ted kaufman who served with former vice president biden for two years, do we have any cabinet names? no potential names yet but they are here in the buildings behind me and the secret service has it locked down. maybe those states that put biden over the top today, we assume we will see him as well is senator harris on stage behind us but for now it is wait and watch. neil: any of those states with six electoral votes would be enough to put joe biden at 270 electoral votes, the minimum he needs to become president-elect of the united states. the count in pennsylvania getting the most scrutiny, the biggest electoral tie at 20 votes. they have a separate pile for those ballots coming in after election day, the pennsylvania

supreme court allowed that, that wasn't very fair the way they were doing that, the supreme court did not interfere in that. let's get the latest from the city of brotherly love in philadelphia. >> let me start with the president's tweets, legal observers refused admittance, illegal votes were illegally received after 8:00 pm tuesday, changing the result in pennsylvania. that is not true. it is not true republican observers have not been allowed in here. there are republican observers, they've been here since the count started on tuesday. they are living breathing human beings, i talked to several of them and they are standing alongside democratic counterparts. the issue is how far are they from the ballots? originally 25 feet from the

ballots. a federal judge has ruled they are here to watch and observe, not audit and ask for those supposedly legal votes, the president referenced, those votes have not been polled as illegal, the county has resumed this morning, 20,000 or so mail in ballots as well as absentee ballots and military ballots, the deadline is on tuesday night. as for the claim that the gop observers are blocked the lawyers for the campaign in federal court admitted -- about the trump campaign, their counsel admitted after questions from the court they had several representatives in the room, as observers in the convention center, 15 in the room when the case was heard this evening.

they are using illegal votes, the top republican leaders in the state, majority leader of the senate and gop house speaker where they both dismissed the president's claims of voter fraud. >> no knowledge of voter fraud or misdeeds in the process, to select. >> that was in reference to the fact that some counties were able to fix the ballots. other counties have not so that is inconsistent. a lot more about this issue, rudy giuliani has a news conference, we will hear a lot more about the president's claims. neil: looks like it is so close a recount would automatically

be served up. >> reporter: a recount would come if it is half of one% difference. that automatically kicks in. the trump campaign will demand a recount, the commonwealth leaders demanded a state audit, that would seem to be a sensible way to assure everyone about the credibility of the election in pennsylvania. todd: 1 we will monitor what rudy giuliani will have to say. it seems like déjà vu all over again, the drama 20 years ago, parties are playing different roles, they are wasting their time. every vote must count, the opposite the parties took two decades ago.

>> our goal is to defend the integrity of the election. >> the integrity of our democracy. >> we will file suit in pennsylvania. a shame we have to do that. less than we wanted to do, lasting my father wanted to do but this is rampant corruption and can't happen. >> we are here because to get lawful votes tabulated -- >> why do we care about the rest of the vote? it is about the integrity of this election and as mayor giuliani said every vote must be counted fairly. >> the legitimacy of any president if elected will be impaired unless the american people understand there has been a full and fair count. >> we deserve better and are not leaving until then. >> the importance of getting it right outweighs the importance of rushing to judgment.

>> it does seem we changed positions on this, 20 years ago, that tells you about the divisive nature of this process but the count goes on. kenneth starr on whether this is opening old wounds or the political views of this ought to be expected. each party's stance was limited to one state, we are talking half a dozen but what do you think? >> we have to get the facts. to their credit 20 years ago, the gore campaign folks said we are just trying to get the facts. the shoe was on the other foot and the president is rightly saying let's find out what happened. this is bound to happen in a close election. landslides you don't worry about as much. you should be aware of the

concern of integrity of the election process. facts, facts, facts, justice brandeis's famous advice to his law clerks, don't give me your theories. to those with lots of opinions, thank you for your opinion, you have a right in a free society to express them but let's be children of life and not children of darkness, don't try to hide anything, bring it all out into the open. statements that have been made we know of no fraud that can't be right. i've got stories right here in texas, texas went for the president. i know an instance where a widow cast a vote for her dead husband. the dead spouse, that's a tragedy, should never receive a ballot. he had been deceased. we have criminal charges in texas against the healthcare worker who filled them about

for 127 of her clients. let's get the facts. will this be outcome determinative? i don't know. i can't blame the president for being so frustrated because look at all the contraindications, namely the democrats lost so many house votes, house seats and the senate appears to be being held, not just held, those being challenged like lindsey graham and mitch mcconnell with $100 million thrown against them won by decisive margins so the president was not only not a drag on the ballot he was obviously helpful to many house republicans. final point, where are the problems? the problems are in the big

cities and the big cities, detroit, all due respect, great city, philadelphia, great city, have a history of questionable practices when it comes to vote counting. please don't say count every vote. please say count every lawful votes, quality assurances so that we have an evidence-based election as opposed to a rhetoric based election that may be hiding questionable practices or worse. neil: is it risky for the president to claim fraudulence and all that without knowing if it is substantial enough to tip things? >> the president is the president and he has a first amendment right and obviously for the reasons i just stated he has got to be very upset about the fact that he can carry the house of representatives wave and somehow loses the election, where does he lose the election?

in the big cities where there has been a history. in philadelphia we heard this beautiful comment everything is a okay. the point, it got lost in the report just now. guess what, you can't see it. neil: we are going to go to a quick break, how this is falling out including in georgia. usaa. what you're made, we're made for. usaa

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neil: atlanta, georgia, who knew that state with the battleground and continues to be? 98% plus of the vote in the one can be declared a winner yet. it will trigger a recount. where do we stand? >> the race is still too close to call, 14,000 provisional ballots being processed and awaiting a final tally on military and overseas ballots

that had to be postmarked by election day, but not until close of business yesterday. the trump campaign and state gop looking at investigations into still unproven allegations of voting irregularities but georgia's top election official who is a republican trump supporter says his office is ensuring the process is fair and accurate. >> with a margin that small there will be likely a recount in georgia. interest in our election goes beyond our borders. the final tally in georgia by this point has huge implications for the entire country. >> reporter: not just the presidential race in play. both us senators face january runoff against democratic challengers. those races could affect the balance of power in washington.

>> makes a big difference who wins the two states, if democrats win the two seats chuck schumer will be the majority leader. the majority leader gets to decide what the agenda is. >> reporter: why the runoff? georgia law requires a candidate to get at least a 50% plus one majority to win an election out right. i got a great question from a viewer asking could that hold of the presidential race? the answer is no. georgia law makes one exception, presidential races are exempt. whoever gets the most number of votes in the presidential race will win georgia's 16 electoral college points but we don't know who is winning. it is too close.

neil: through a week of confusion and not knowing who the leader of the free world will be for the next four years, you would think markets would be tortuous. soaring this week. one of the best election weeks we have seen in the better part of a generation. why is that? something to do with split governance. - [narrator] this is joe.

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- therabreath, it's a better mouthwash. - [narrator] at walmart, target and other fine stores. neil: a few new at the beginning of the week we still wouldn't know who the next president would be by the end of the week you would think markets would have tanked, you would be wrong, they have all advanced.

the biggest gain we've seen since 1932, that was then. very different, what do we make of market that are coming back. the strategy, fox news contributor, it shouldn't happen. you can understand what is happening. it looks like it will stand republican control. president-elect biden, some things that market sometimes don't like. what is going on? >> it is interesting you mention 1932. that was the bottom coming out of the depression and during that presidency after that election you have a lot of stimulus contributing to recovery at the time but things went south in 1937 but i digress.

our parties have gone to extremes. populism i can't say that all-time high but it is at a high. the wealth gap says occurred since the end of the financial crisis. the divide -- divided government is beneficial because you don't swing the pendulum too far. i think people forget that markets are anticipatory, they priced in a contested election so far in advance by the time we arrived with a contested election traders rethinking the next repricing with divided government. neil: it looks good the senate stays under republican control, not a definite, you have these runoff elections in georgia, still don't have a definite yes or no on north carolina or the alaska race, not a done deal. looking like republicans maintain control. what if they don't?

what then? >> the simple calculus was a divided government, markets went up. the simple analysis, is too simple. we have a contested election but markets are reacting more like there will be a president biden. if the senate were to end up in a deadlock under president biden, it would give president biden the opportunity to enact the agenda market people who don't like higher taxes are concerned about. we could see higher taxes. bill: one thing that is interesting as a backdrop of

this, a strong unemployment report, the unemployment rate under 7%, and what is coming out, eight of ten, play the quarter we are in or the new quarter of the new year. >> the thing that is important, it then makes sense. some people are losing their benefits after 26 weeks and are transferring to the extended unemployment benefits brought on by the cares act. the thing that is going, we have a recovery in that spot. the thing that keeps us going, the economy is doing so well we don't need it, there's a record amount of debt service that has to occur, that will way on liquidity moving forward and you have a percentage of people getting left behind, 10 million

in this country employed in february but not now. the further those people suffer, the more costs the system, the unemployment never was surprisingly good news. >> 3 days in a row of 100,000 new cases seem significant enough to conclude we need restrictions, governor phil murphy, to be quietly set aside. >> that is what francis said. becomes more likely, significant new stimulus measures from congress no matter who wins the election if biden wins, certain republican senators like lindsey graham indicated they're willing to work with him and if donald trump were to be reelected, we

would get election nastiness and he would continue to have divided government and even still they would come together for a stimulus package that is badly needed because of the pandemic not getting better quickly and a vaccine did not miraculously arrive in time for the election. neil: it did not but hope springs eternal, maybe before the end of the year. very impressive market performance, these guys are optimistic that the election will subside. it is usually the case, doesn't mean it is always the case. keep an eye on battleground states, recounts going on. in detroit, michigan, we will get an update on the state, ready to call for joe biden, close enough right now, a recount could happen and it is

not all that it appears. we are on top of that and also on top of waiting for a state to be calls. any of them, any single one of them could make joe biden the next president of the united states. more after this. our retirement plan with voya gives us confidence... ...so we can spend a bit today, knowing we're prepared for tomorrow. wow, do you think you overdid it maybe? overdid what? well planned, well invested, well protected. voya. be confident to and through retirement. some things are good to know. like where to find the cheapest gas in town and which supermarket gives you the most bang for your buck. something

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neil: of all the states we are watching nevada, enough for joe biden if he were to pick up a win to be on his way to winning a four year lease on the white house but it is close, very close and the acrimony on both sides when you look at clark county, that includes las vegas, you understand why both parties are on tender hooks. let go to jonathan hunt about what is at stake. >> reporter: we are expecting another number of vote counts to be released in the next 90 minutes or so. if they follow the pattern of the last couple days it does not bode well for the trump campaign. 90% of the outstanding votes to be counted are from clark

county, heavily democratic and each count that has been released so far has seen joe biden increase his lead. that lead sits as more than 22,000. if the pattern continues a lot of political observers say there is no way back for donald trump. in a further blow to the trump campaign they failed in their legal fight to get some relief yesterday. when this federal lawsuit on thursday, acting director of national intelligence, they were providing scant evidence of widespread problem, that was the view the judge took in place yesterday.

the republican lawyers offered one example of the ballot that had been stolen. the judge pointed out to real registers, they talked to the woman and the signature did match the signature, and that went out the window. the republicans offered one example, being able to adequately observe the accounting of the votes. the judge said that's not enough. what do you want me to do? allow anybody in the world to go in, be six feet away, here everything and see everything? not possible. the public interest is not in favor of disrupting completion

of the process and counting of the ballots. and revisiting with more evidence. they will have something more compelling, if they get a judge to listen. given the margin in favor of joe biden seems to be increasing every single day. neil: brute fraud instead of malfeasance or stupidity, has to be a significant amount to potentially change the outcome. the judge in this case, other sweeping examples. so far we see none of this. >> reporter: look at one meety part of the republican claim

the wasn't hurting course yesterday but they claim they came out with 3062 votes cast by people they say are not residents in nevada, first of all you have to take away going through the list. a bunch of those our military personnel. they have every right if there's active-duty elsewhere. if you take those out, then you take out-of-state students, they have the legal right to vote as residents of nevada and that dwindles down. the lead is 22,000 and heading upward. a judge would say this has to be material and make a

difference given the numbers we are seeing in the republicans whatever they say, nowhere near offering that kind of evidence at this time. neil: they are giving an update. focusing on michigan, they are ready to call for joe biden but republicans claiming a number of problems, and the votes for biden was premature. the republican chair already set a technical glitch might have caused thousands of republican votes to be cast as democrats. we don't know the detail of what they are talking about. debbie dingell in michigan, good to have you. do you know anything about this? that there was a glitch, a significant one that could have caused some ballots, democrats rather than republican?

>> good to be with you. i am of the school we need to take the time to make sure every vote counts, every vote matters. it is great to see increased numbers on both sides but turned out this year, but also a lot of claims are being made to undercut people's confidence in the outcome, the integrity of the election outcome. there have been a lot of things said that are not true that have been proven not to be true. we have to be very very careful of all these allegations, nobody has seen -- neil: i understand that but do you know anything about these ballots that might have been miscast? an error with the machinery, i don't know. thousands of ballots obviously given the tightness a race could be a significant

development. >> one of the things that happened on election day, dearborn, my hometown got a ton of phone calls and emails of people warning people there was a glitch in the ballots and if they wanted to vote for joe biden they should vote for donald trump. i don't know the facts. but i think we have to be careful with allegations so we don't undermine people's confidence. neil: the count goes on, joe biden was saying let that count go on but it did give the appearance claiming victory. do you think of any of these states goes for him down to nevada with 6 electoral votes if he reaches 270 that he should form a cabinet or would that be too soon? >> see what networks do if people declare he is the

president-elect, to do a transition. it has been clear, one of the first things he would do, see us have a covid-19 plan. i am somebody telling everybody take a deep breath and let's not be judgmental. the country is still divided. people -- union voters who we thought would vote for democrats still voted for donald trump. we need to ask why? what are we not doing right? we have to bring us all together. neil: the biden campaign says the president has to be forced out of the white house if he won't accept the results. they don't exactly practice what they preach. >> reporter: from -- neil: from both sides. >> i read it in vanity fair. let's take a deep breath and

not put kerosene on, let's wait and see what the results are not undermine confidence or the integrity of it. neil: we will see how it plays out. a number of states will make an updated count.

bill: so many close states north carolina among them, still not called for the 16 electoral votes. mark meredith with the latest. >> reporter: slowly but surely north carolina working its way through absentee and provisional ballots. where we are in charlotte officials meant to begin the process. in mecklenburg county we were there as they went through

absentee ballots that were received since election day. one of them is once they are approved how this will impact all the results from the state's 100 counties. the latest numbers which have not been updated since friday morning show official have to work for 99,000 absentee ballots outstanding meaning alice that were sent out but not necessarily returned before election day. officials admit the poll number will be a lot less than that but they could still decide who wins north carolina's 15 electoral votes. donald trump continues to lead joe biden by 76,000 votes. it could impact the senate race in the state with republican tom tois leading cal cunningham. he has not conceded this race even though tillis season self the winner, declared himself the winner at his supporters that his victory party tuesday night on election night. senior republicans in the tar heel state are frustrated this process is taking so long. the way state law works in north carolina, likely we will not see any major updates on

final numbers until thursday or friday of next week. neil: are you kidding me? it gets better and better. on that senate race before we go to a break, 48-48 for republicans and democrats. republicans -- two georgia runoffs could determine things but not until next month, into january and the north carolina senate race too close to call and alaska is a close call. even though a lot of people assume republicans will hold on to the senate it is not give me. it looks good but is not a gimme, stay with us. we are watching.

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bill: it is remarkable when we look at the electoral ballots, it is dependent on half a dozen key battleground states and if you look at half of those could decide if any of them go for joe biden it is over, he's next president of the united states. we are focusing on those states. >> no doubt the trump campaign and biden campaigns are focusing on arizona, nevada, and pennsylvania, and one or 3 counties in each of those days. arizona, the fox news decision desk called that for joe biden but the difference is 27,963 votes.

that lead for joe biden is narrowing. the focus is maricopa county, a blue county were biden is leading the latest numbers we saw 173 ballots are left, 92,000 are in maricopa county. some of those ballots were provisional but dropped off on election day. those are believed to break for donald trump. let's take a quick look at nevada because this is close even though it has 6 electoral votes it could call the race for joe biden. he is leading 49.8%. the difference is 22,657 votes with 87% of them in. here we are watching clark county. 53.7% leading for biden, 90% of the votes come from there and that is why this is so important. finally i will take a quick look at pennsylvania with its 20 electoral votes. it is so close, 0.4 percentage

points. we can see a recount, the difference only 28,877 votes. philadelphia county right here believed to break for biden with the mail in votes is in focus. neil: automatically to your point no matter what you think of that what about recounts? once we settle that whether any news organizations make the call most will hold off. >> a lot of questions. neil: it keeps going and going. we are expecting the trump forces, they claimed fraudulent activity going on in a couple states. we will get the latest on their concerns from the philadelphia area and an update on how these counts are going and what is going on in georgia, nevada, north carolina and even alaska.

normally achievers republicans but electoral votes up for grabs. no official calls on any of this. following this we don't want to jump into that contest yet. 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 with hassle-free claims, he got paid before his neighbor even got started. ...

>> all right. hurry up and wait. that's where we stand right now to find out who the next president of the united states will be. so far neither joe biden nor donald trump has 270 electoral votes that would be necessary to be claimed the next leader of the free world here. it could happen today with any one of these half dozen or so states with the electoral votes that could change the complexion of the debate here. no one is making a call on the states in question. president trump has been saying

let the legal process play itself out and lawyers on both sides begin to gather to see what happens next. we've got both sides covered right now, beginning with david spunt at the house on how that process is going and what the president of the united states is doing. david. >> well, members of the president's legal team will hold a news conference in philadelphia in about 30 minutes giving the latest update from their perspective. the president won't be there because he's at his golf club in northern virginia. just about 15 minutes ago he tweeted i won the election by a lot and twitter flagged and an also flagged four other tweets that they've deemed about misleading about the election and battle ballot counting this morning. we have not seen any evidence of fraud, but many people are looking at pennsylvania, specifically philadelphia. the counting will continue this morning and this afternoon where the president is alleging that voter fraud and corruption took place. now, the republicans and

democrats have both been allowed inside to watch vote counting in pennsylvania. my colleague eric shawn has said this, he's seen this. the normally trump friendly wall street journal editorial page out with a new op-ed. as for fraud, the trump campaign will have to prove it in court. it won't be enough to say that philadelphia is corrupt if it is, and the mayor jim kenny yesterday unloading on president trump, listen here, neil. >> i think what the president need to do is frankly put his big boy pants on, he needs to acknowledge the fact that he lost and he needs to congratulate the winner just as jimmy carter did, and george bush did and frankly as al gore did. >> to be completely fair nobody has won the state of pennsylvania, it has not been declared yet.

mayor kenny is saying that president trump needs to congratulate. no one has officially won pennsylvania. president trump and his team looking at michigan, nevada, arizona and one more thing out of the white house, chief of staff mark meadows contracted coronavirus, covid-19. he was seen several times last week at campaign events before election day and on election day without a mask. and we're doing he's doing okay. >> philadelphia mayor should realize that al gore did not concede until 28 days-- >> it wasn't right away. >> and he's an arbiter to this process and to dismiss the count going on to say that joe biden has won is a bit premature. i have a question to ask you regarding the president's tweet where he's won by a lot. where is he, what is he basing that on? i'm missing, he's trailing by

millions in the popular vote and right now trailing in the electoral vote, so what is the a lot? >> i've reached out and maybe we'll hear back 11:30 a.m., 25 minutes here from rudy giuliani the head of the president's legal team in philadelphia. this is something that the president immediately, when he tweeted this out. immediately when he was tweeting out other things about mail-in ballots, about alleged and i do say alleged fraud just about two hours ago, twitter immediately flagged it. i wish i could give you an answer, but we don't have an answer for what he may be speaking about, neil. >> i didn't mean to put you on the spot. i want to know where he got there. >> you bet. neil: thank you. i want to go to bryan llenas in harrisville, pennsylvania. when they go through the process, hullabaloo, the

separate box, separate area for these coming in after election day. where are we on this whole process? >> yeah, that's a good point. the legal process here in pennsylvania is unfolding and i expect we'll hear more from rudy giuliani, the president's lawyer in a half hour. to start off the tweets that you and david spunt were talking about, flagged by twitter as misleading, did include false allegations of widespread voter fraud in philadelphia, in the convention center where they're being counted. poll observers were allowed republican and democrat were allowed inside. the judge in pennsylvania found that they could move a little closer to the mail-in ballot counting. they were 25 feet away. they could be brought in six feet away. that's on that issue. on the issue of the late mail-in ballots, that's really what is at the heart of the biggest legal challenge,

perhaps, here in pennsylvania. the president claims that there have been tens of thousands of, what he called illegal votes that were cast after the 8 p.m. deadline on election day and in the three days after. the reality is, that under pennsylvania law, those late mail-in ballots, as long as they were sent by election day and arrive on friday at 5 p.m. are legal. pennsylvania supreme court said that it is legal. they ruled that there should be a deadline extension. now, it's true that the president and republicans believe that there should not be a three-day mail-in ballot extension and they, in fact, believe that ruling is unconstitutional and it could go to the u.s. supreme court. they have not decided yet if they're going to take up that case, but as a practical matter those votes casted in those three days after the election are legal, and do count and we reached out to the secretary of state, who had this statement about these late mail-in ballots. how are they segregating them? she said this, quote, the counties are counting

segregated ballots and will maintain a separate count of these ballots internally, but they are included in the overall totals that are publicly displayed. yesterday the supreme court justice alito ruled, he issued an order saying that all of the counties in specifically must abide by the state guidelines, they must segregate and separate and count the ballots that arrive late in anticipation of possible litigation in the u.s. supreme court. what justice alito did yesterday was just to reaffirm what has been a state guideline, that the counties must do this. republicans were claiming that there were like 25 counties that were not following this guideline, justice alito put out the order that they must. we shall see where this goes, but as of right now, we simply do not know, neil, how many mail-in ballots have been cast late. and that could make all the difference, but frankly, the secretary of state in this state, in pennsylvania says, that she does not believe that

that final tally of the segregated late mail-in ballots will alter the trajectory of this race. that's where we stand right now, you know, we'll see. >> so just to be clear, if this did go all the way and all of a sudden they petition the supreme court and say, all right, we don't think these are valid, and they were thrown out, would it-- a, we don't know how many we're talking about here, but would it alter the outcome one way or the other? we don't know. >> yeah, we don't know. we simply don't know because nobody has given us the final number of how many late mail-in ballots are, president trump won pennsylvania by 44,000 votes. when this count is finally done in pennsylvania, which, by the way, could be done today, but likely not because military and absentee ballots still have to be counted and the deadline is tuesday. we'll have a better idea how many there are exactly and the question is, will that number be more than the margin of victory for whoever is leading at the time. and if it is, then, if the u.s.

supreme court decides to take up the case, then if they decide to involume date those late mail-in ballots, then it could very well affect this race, but we're simply not there yet. because right now under the law those late mail-in ballots are legal. >> all right, thank you, my friend, very, very much. bryan llenas following from harrisburg. and i want to go to the former u.s. assistant attorney. the claim of fraud or suspicious activity on the part of the democrats handling some of the recounts, not all. but in georgia, the party and apparatus, run by republicans. but there was an interesting view as andrew expressed here on the part of the president that i'm winning by a lot and i got a lot more votes. doesn't that fuel concern that he is perpetuating a falsity? >> it certainly raises that concern, neil, because it's not an assertion that's supported by evidence at this point.

and it's also, we're at a point in the process where convincing the voters is no longer the issue. so if there is fraud, ne they'l have an opportunity to prove it, but they have to go into court and prove it and i must say, if i were a judge, even if i were sympathetic to the concern about fraud, and even if i looked around and i saw a lot of potential for fraud, it would alarm me that the well was being poisoned. so i think the best thing at this point for the president to do is let the process work itself out, presumably he's going to court because he thinks that a court is a legitimate proper place to get this litigated. so, at this point carping about it from the outside, i don't see how that's helpful although i see a lot of ways, it's not helpful. >> so when a judge throws something like that out and it goes to a higher court.

is the pressure even more on, in this case, the trump campaign to prove its point or if this were to go to the supreme court, wouldn't the supreme court similarly dismiss it without proof of wide scale fraud? >> well, there are a bunch of cases, we have to be mindful that we have 50 state elections, not one single election and the case in philadelphia or pennsylvania that the last report was about actually is already before the supreme court. the reason that justice alito was ruling on it last night is because there's a pending petition before the supreme court to review that case and with due respect, it isn't clear that the ballots that were filed were submitted from november 4th to november 6th are legitimate and legal and valid. the state court did allow that, but the whole issue in the case is that under pennsylvania state law, all the votes had to

be submitted and final on or above 8 p.m. on november 3rd. that's state law and under the constitution, it's for the state legislatures, not the court, to decide the rules under which elections take place. so the whole issue in pennsylvania is whether it was unlawful for the state supreme court to extend the deadline. that said, we could be, as you pointed out, i think at the end of the last interview, we could be fighting over an empty bag in a sense because if there aren't enough votes over that three-day period to affect the outcome of the election, then it's really much ado about nothing. neil: interesting. andrew mccarthy, thank you, former u.s. attorney weighing in on these multiple and to his point, multiple upon multiple legal battles going on in a number of states and cities. for example, there's a difference between what they're filing on the trump campaign versus all of pennsylvania. so, that's confusing.

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(harold) and real snow all the way from switzerland. (betsy) hmmhm... gonna be tough to top. ♪ (betsy) well played. (vo) add some thrill to your wish list. at the season of audi sales event. get exceptional offers now. >> all right, it's not a done deal yet. the balance of power of the u.s. united states looks like it's close as can being, 48 democrats, 48 republicans, a couple of races are looking good for the republicans here, but i should stress in georgia they will have runoff races two of them. but when all is said and done it might come down to what

happened in alabama, where tommy tupperville, the coach, over the senator. picking up a seat, not seeming possible from before. the senator-elect tommy tupperville. glad to have you. >> you do know this is college football saturday in the south. neil: i do, i do. and we have mixed emotions in the cavuto high school, my son is a freshman at clemson, while he admires you, he curses you. good for you. let me ask you, coach, if you can about the race itself and what determined, if the confusion. obviously you welcome more coming into a senate with a republican majority as is the case now and not a democratic one, as some argue could be. how does it change your thinking, depending on who is in control? >> well, obviously it's going to be close. you know, when i got into this

race, two years ago, i just did a grass roots campaign and stuck with my game plan the whole time knowing that our race could define the majority of the u.s. senate and so be it, it's almost turned out that, but now georgia's, they've got to come through for us and you know, i don't know how it will go, but a lot of campaigning and i'll go campaign and help raise money and do everything we possibly can do to win the majority. neil: do you find it odd, i know the president was a big backer of yours and you of him, and it translated that he was influential in deciding a lot of key races, maybe yours, republicans picking up some seats in the house, but so far, i stress, so far, not for himself. do you find that odd? >> well, we knew it was going to be close and it will always be close, republican or democrat, for the presidential race, there's so many votes

that are included. but you know, when i started watching how some of these battleground states were going to mail-in ballots we knew there would be a good possibility if we win this, we are going to have to win it outright early. we've got a modern country, a lot of technology and we've always had great races, you know, for the senate, for our county races, but also for the presidential race and one time in my lifetime, i guess the george bush in 2000 we went past election day because of some chads that were considered maybe not right or wrong, but you know, going in this situation with the mail-in ballots, i know the president probably knew this and we all knew it as president trump supporters that, going to win this we would have to win it outright and too close to call and we're into counting ballots a week later. tough for us who are trump fans and republicans. we are he not going to give up yet.

we'll see what happens. neil: the president has claimed, coach, that there's fraud lens going on here, that he's actually winning by a lot. i'm not sure of the numbers he's looking at, but it's perfectly understandable in a close race to be passionate about their point of view, but does there come a point that you think that if joe biden were to win even one or several, as it seems given his lead right now for the president to concede? >> well, i think, neil, the american people want every vote counted that's eligible to be voted and we've gotten ourselves in a bind, mail-in ballot, where they're coming from, who signed it, who sent it in and it's a mess and we want the right thing to happen for this seat obviously for the president of the united states, whoever he is, to be properly elected, but there's so much controversy right now. i, as a senator-elect, have

heard a little about what's going on, but you really don't know. you really don't know what's happened or what's going to happen. how many lawsuits. we'd like to get it over with, people from other countries probably looking at us going what's happened to the united states of america, they're in m turmoil like we are, we can't elect properly. and i hope it goes in front me have, obviously we need kind of adjustment to what we're doing and how we're doing it and it might need to be federally regulated, but let's get this over with. did it the right way, get the person that the people elected for, have every vote counted and see what happens. neil: the pandemic, i'd like to touch on that. and i don't know how it's going in alabama, it was spri spiking but on the college football level affected a number of teams. they're back at it, but it's going to lead to a confusing

end of season and with moore and other teams, i don't know if they've been affected like the others, seeing spikes in cases, whether it's worrisome as you take over the united states senate, there could be a crisis. >> it very well could be, we don't know the future of this virus. i talked with our governor here a couple of days ago, governor ivey and we've got a lot of cases here, our hospitals are filling up, we've got a problem and how long it's going to last, i don't know. we need to go by the protocol, but, neil, we're a country of freedom and people love their freedom and we need to be able to handle ourselves instead of being told what to do. we should have learned the last six, seven eight months, how to

handle ourselves. but it's now going from the cities to the rural area. it's a tossup. neil: thank you. i think even some clemson fans are happy for your success, coach. best of luck on that. we'll give you an update on counts on some key states that we'll be getting right after this. juggled life for it. took charge for it. so care for it. look after it. invest with the expertise of j.p. morgan, either with an advisor or online, through chase. after all, it's yours. chase. make more of what's yours.

>> all right, welcome back, everybody, following for and waiting for a number of pressers and studies that have been conducted that has no less than the president of the united states no matter the final result it was influenced by polls so favored joe biden that a lot of trump supporters didn't bother to show up. is there any truth to that? let's go to frank luntz? >> i think that the polls were biased, i think they were wrong. i think cnn in particular has

some explaining to do, their final survey had joe biden beating donald trump by 12 points the weekend before the election. there was a washington post poll that had biden winning by 17 points in wisconsin and he ended up winning by a point. so there's a lot of explaining why the polls were inaccurate. in terms of having an impact on voters, no way. absolutely no way. every human being who could walk, drive, drag themselves to the polls, came out and voted this time. we had lines for weeks and everybody participated. i agree with half of that statement and i strongly disagree with the other half. neil: now the legal battle still ensuing in all of these states. do you think they're going to make a difference? in other words, do you think there's enough there to tip the vote that right now is so close in so many of people? >> and this happens every election cycle.

it was close four years ago and close before that. our job is to be as accurate as we can be, as precise as they can be. the states are within 1% most up for grabs, but in the end you have to be able to show concrete evidence and the fact is, you have to be able to show more evidence that goes beyond the difference. so, if there's a 1,000 vote gap, it's not enough to them to come to the judges and say here is 100 votes and here is an example of 100 miscalculated votes, that's not enough. you have to go beyond the amount and i don't see that that's-- it doesn't seem possible at this point. neil: so what do you do, frank. i'm not trying to second guess news organizations, our own included, make a call on a state or what looks like too close to call situation. when does the math get prohibitive, lets -- let's say the math, even if he won the remaining votes, he

would be behind the eight ball n pennsylvania 0.5% of the vote. when it gets beyond that and there's not enough votes to be counted and then too far. i want to compliment you and bret baier, you've done a great job looking straight into the cameras telling audiences what they need to do, being factual and precise not being swayed by any kind of political bias, that you've done exactly what you were supposed to do in this process and you should be complimented because some of your colleagues at other news outlets have not done that. so, neil, you've done it perfectly. neil: i just wanted you to continue the compliment. in all seriousness, let me step back over, what lesson we're learning here. when the president refers to the fact that he's winning by a lot and even as other news organizations season trends and say it's over, i'm just wondering what gives you caution here? what are we missing?

all news organizations that maybe were not respecting or maybe we have to hold off? what would it be? >> i'm looking at where the votes come from. i'm looking at whether they were cast on election day or before because i know the difference is there, and i'm looking at past history. three different calculations i'm making when all three of them indicate the outcome is going to be the same, even then i'm skeptical, still careful, but, for example, arizona, i'm not absolutely convinced that joe biden-- i think he is going to win, but i'm not absolutely convinced in arizona. i am convinced in pennsylvania, i am convinced that the vote is now too far, and based on where the votes are left to be counted joe biden is going to win pennsylvania. neil: and other news organizations are declaring that he has won pennsylvania and over the top, and hence the president-elect. we're not comfortable doing that. i'm not judging them any more than i'm judging the algorithms and folks used to calculate

these numbers. and if he is and a lot of the states go beyond too close to call, the pressure does increase on donald trump, does it not? i felt 20 years ago with al gore, he was behind the eight ball, always the guy trailing technically all albeit, and he was always in the this is wrong camp and i'm going to prove it and is different than the guys in the lead. >> donald trump has the right and has the right to challenge the vote. counting are these accurate votes. one it's become clear orteither side. then you accept the results, that's what we do, and in fact the poison in politics started in the year 2000 when some democrats did not accept the election of george w. bush and i remember that, i was there, i with as in florida when that

happened and i thought, this is wrong. this is going to do damage. now we're 20 years later, the trump voters have every right and should pursue every legal means possible but if the decision is made then you accept the results. neil: all right. thank you very much, frank, we'll see what happens. i want to go to this pittsburgh event. other organizations are saying it's a moot point in pennsylvania that it appears that joe biden has won. we're not ready to make that call ourselves. let's go to pittsburgh and get the latest. >> yes, yes. >> how many provisional are there? >> there are approximately 17,000. >> that's-- i'm sorry, he's trying to get to the -- he will be back as soon as we have another update. neil: didn't get much of an update and i came into late. i don't know exactly what transpired there. close as it is in the keystone

state, other news organizations are pouncing on the gap between the two candidates right now enough to say that joe biden has won that state and in winning that state he has the amount of electoral votes to be the next president of the united states. we at fox have not made that call so we still see joe biden at 264, shy of the 170 he will need. but we're monitoring this and we're on top of this and we will have more after this. stay with us.

. kristin:. all right, you're hearing a little hollering from joe biden camp that a number of news organizations called pennsylvania for him and others are contemplating the same, but they have not as of yet. it depends how do you that. but without getting into the weeds right here. with a victory in which one of the remaining states which are called, that would do it for joe biden, but it's not official no matter what a camp says or who makes a call unless it's certified that's not a done deal. that's clear to what we experienced 20 years ago ongoing calls whether al gore or george bush won that state. and we're waiting on that and waiting in philadelphia for some remarks from pam bondi and also about ongoing legal, how

pennsylvania is going with the count and would like lie be a recall that would make some of these premature and following other states some of which had been called, arizona by this news organization and the associated press for joe biden now that that vote is narrowing considerably. kevin corke with the latest from there and where the various counts are standing right now. kevin. >> all quiet outside the state capitol here, neil, as you can well imagine, but that's in very sharp contrast to what we've seen over at maricopa county election center the past several days and nights where thousands of americans have gathered. many of them in support of the president as they continue to question not just the vote count here in the great state of arizona, but frankly the vote count all over the country. let me take you to those pictures as i show you not just what's been happening there, to sort of set the mood the

contrast between then and what we expect to be a relatively calm day here, as we now take you inside the numbers. here is warrior we stand at the moment. joe biden leading the president 49.6 to 48.8, the president still closing the gap, about 45,000 ballots outstanding here in maricopa, about 120,000 outstanding with, well within the recount margins for the moment here in arizona. while biden is leading a race that our decision desk did call on election night. backers of the president say it's not over. there have been folks questioning whether or not sharpies used during balloting somehow made their ballots invalid. well, maricopa county's election department says that's just not so. >> so, we did test different types of ink, different types of pens, different types of markers and the sharpies we had at the vote centers. the election workers have been

working here long hard hours. >> and unless there be any question how the president feels not just the race in the grand canyon state, but he's taken to twitter a brief tweet and he said, i quote, i won this election by a lot. there is expected to be a forensic analysis of the vote counts here in arizona, not a surprise. we'll keep an eye on that, as well as the rally coming up today at 2 eastern. back to you. neil: anything that that particular state's count that is changing things or looking that it could be a call that would switch back to the president in that particular state? >> all right. i apologize for that. we've lost him here. again, now almost 40 minutes after the hour, we're keeping track of these various developments and a number of news organizations seized on

developments in the keystone state that have some, but not all calling the state, thereby extension, this presidential race to joe biden. that he is now amassed enough electoral votes to be named the next president of the united states. let's go to bret baier, martha mccallum. >> the fox news decision desk can now project that former vice-president joe biden will win pennsylvania and nevada putting him over the 270 vets he needs to be the protection president of the united states. >> president trump said said i will never stop fighting for you and the nation, will not have another term the path is clear for the new president

elect. >> the states will need to certify the vote in the middle of a pandemic. almost 150 million americans voted and joe biden and kamala harris will receive the most votes of any presidential ticket ever. >> senator kamala harris will be the first woman and the first woman of color to become vice-president. united states. president trump garnered five and a half million nor votes than he did in 2020 than he did in 2016. and closed the gap in the final days after barn storming the nation. whether he choose toss concede or decides to wait until these legal challenges play out is yet to be seen. >> this is a moment, this is a moment that had been a long time coming. joe biden running for president, this is his third time. the third time is the charm, for former vice-president joe biden. 47th vice-president, he becomes the 46th president and now is

president-elect. we begin with bill hemmer at the billboard. once that's all officially certified, bill. >> and a late good morning to both of you on this saturday morning, just a tick before noon eastern time. joe biden at 290, donald trump at 214, what was breaking overnight and broken so far today. not a lot in nevada, but some breaking here in pennsylvania. with the vice-president taking half point lead. 49.7 over 49.2 to donald trump. state law in pennsylvania requires a recount. if you're at .5% or less, and that's where we are. so perhaps you get a recount, maybe you do not if the lead for joe biden continues to grow. a day break earlier today, this marker right here, the difference, 34,458. at day break, that was 28,800. we just had another dump from pittsburgh, pittsburgh is here

in allegheny county in the western part of the state that was able to give joe biden more of an edge. he's getting 60% of that late mail ballot count and he added to his numbers a short time ago. here in philadelphia we'll see how this goes throughout the day, guys we have been talking for days now about how you win elections in pennsylvania. if you're a republican, you have to keep the margins lower in philadelphia and lower in pittsburgh. if you're a democrat you have to drive those numbers up. joe biden has done that in the year 2020. philadelphia, these collar counties here, is a very good example. bucks county, pennsylvania. why is this so significant? it's a bellwether county. it's been razor tight for the past several elections, in 2016 here is where it was, on the margin, .5%. 2012, very close with barack obama on the ballot, about a point winner in that county. now in 2020, you see what joe biden and the democrats have done. they've increased his margins

in locations like bucks county, the suburbs south side of philadelphia. i'll pop around to montgomery county. you see the difference of the margin biden, 2 over one. chester county not as impressive as montgomery, but still very good for the blue team. delaware county you see meets his numbers yet again. democrats knew if they were going to win pennsylvania and its 20 electoral votes and take that state back from donald trump and the republicans, this is where they were going to do it and over here in pittsburgh, they were going to do it there as well. there were three counties in pennsylvania that donald trump flipped from barack obama's day in 2012 to 2016. here on the map, they're barely perceptib perceptible. here, northampton and erie county. watch it now in 2020 it's blue and so is this. it's a blue collar area right along lake erie. this was sought after by both

campaigns and the moment joe biden outperforming donald trump by a percentage point. that's not to say that the republicans did not do well at finding their voters and turning them out. all over the map you can find locations throughout the rural parts of pennsylvania and you can see where republicans did very well in finding their voters, getting them to the polls, or getting them the vote early. i think the significance of 2020, bret and martha, will be found how the democratic party capitalized on mail-in ballots. they knew where their voters were, they got them to the post office, they got them to the mail and got them to return those ballots. that was an aggressive part of the dnc and they were successful there in pennsylvania. a quick look at nevada it's early out in nevada. this is our starting number, 22,657. we have now called the 6 electoral votes for nevada joe biden holds a two point lead in the 6 electoral votes from

nevada in combination with pennsylvania puts him over the top comfortably at 290. bret, martha. >> thank you, bill hemmer. >> we said from the beginning that joe biden as a candidate was not hillary clinton and he's outperforming and will get the most votes and will become the 46th president of the united states. please stay tuned to fox news channel and this fox station for continuing coverage of this story. i'm bret bare with martha mccallum in new york. >> all right, bill, we were heading back and we were saying that joe biden is a different candidate. he managed to hold that blue wall, and he managed to do something hillary clinton could not in part because that campaign he ran really dealt with not only the coronavirus and we should point out the pandemic was a huge part of this race, but also that he ran on empathy and his life story. he's dealing with loss, his first wife and daughter killed

in 1972, his son beau killed in 2015, and he said character was on the ballot and he seemed to touch some of those voters in those places that hillary clinton didn't. >> yeah, one of the things i just want to mention here is how different these two campaigns were. joe biden was criticized throughout the course of this campaign for campaigning from his basement. we were in the middle of covid. his campaign recognized that in a way that was die metrically opposed to the way the president was barn storming the country, packing in crowds at the rallies and yet, appears that one of the main themes here is that the american people by this margin wanted something calmer, something quieter and something reassuring from -- that joe biden was presenting to them in the course of this election and

bill, you've been watching these counties. we know there's still a lot of outstanding votes, that's something that a lot of viewers are concerned about as they look at this board and they look at this call. what would you say? >> i would say after your at the moment where we are, we have millions and millions of votes already tallied. martha, there may be changes at the edges, but not overall substantially and bret, you mentioned joe biden. two weeks from yesterday he'll turn 78 when he's sworn in in late january he'll be a commander-in-chief at the age of 78 and he will have achieved something that he has sought back to, from decades prior. he has tried to get this office numerous times and this year he was successful in the upper midwest. i would point to wisconsin and minnesota. those are two states that donald trump won in 2016, stunned the democratic party, stunned hillary clinton, and now with pennsylvania, you talk about the blue wall. this is the area they were trying to shore up that area in

the upper midwest. can we go back for a moment here and just think about where we have been the past 10 months. i want to show you guys something here on the map. here are the results from iowa. in the first week of february, joe biden finished fourth in the iowa caucus. that is remarkable. >> new hampshire's more remarkable. >> i'm going to show that you in a moment. >> you think about national politics, guys, how long we have been watching this. if you finish out of third place in iowa, your campaign with the republican and democrat was dead in the water and here is what happened, bret. we went toward new hampshire, and this was the result for sanders over buttigieg. joe biden finished fifth. he left the state before the votes were even tallied in the new hampshire primary. then we move down toward the end of the month and we went down here to south carolina.

this is pre-covid times now and this is what joe biden did to resurrect his campaign and kiev it alive and where he is tonight, the president-elect of the united states. kristin:. >> thanks, bell. >> let's go with john roberts with the team. >> good afternoon to you, and the trump campaign just put out a statement that i had on my phone here and lost it and now got it back again. you wonder where president trump is going to go with all of this, is this going to concede or is he going to fight on? let me just read you this, it's a lengthy statement from the president, in anticipation that this was going to happen today. the president out at his golf club at sterling likely watching this unfold. the statement reads we all know why joe biden is rushing to falsely post as the winner and media allies are trying so hard to help him. they don't want the truth to be exposed the simple fact is this election is far from over. joe biden has not been certified the winner of any states let alone any of the highly contested states headed for mandatory recounts or

states where our campaign has valid and legitimate legal challenges, that could determine the ultimate victor. in pennsylvania, for example, our legal observers were not permitted meaningful access to watch the counting process. legal votes decide who is president not the news media. now, here is the key part of this statement, and where we are going from here. beginning monday our campaign will start prosecuting our case in court to ensure election laws are fully upheld and the rightful winner is seated. the american people are entitled to an honest election that means counting all legal ballots and not counting illegal ballots the only way to assure the public has full confidence in our election, it's shocking that the biden campaign refuse toss agree with that and wants ballots counted whether they're ineligible-- only a party engaged in wrongdoing would unlawfully keep observers out of the count

room and block the court to access, and what is biden hiding i will not rest until the american people have the vote count they deserve and-- >> what the president is saying it doesn't matter if pennsylvania and nevada are called for joe biden or that he has 270 plus electoral votes. the president does not intend on conceding, in fact, beginning next week, he plans on fighting. >> i am told by sources that the president is trying to beef up his legal team he's taking a look at the legal team and need the sort of legal team that president bush had in 2000 by the recounts led by james baker. the case argued at the supreme court by ted olson who went on to become solicitor general of the united states. one of the people that they are looking forward, i am told is the former attorney general in the bush administration, michael mukasey. i reached out to mukasey to see

if he had been approached by the trump campaign. i got a no comment, not a yes, not a no. and they're looking at the states and trying to put together a top-notch legal team to fight the battles going forward. the next big, big, big part of this election is december 14th when the electors get together and announce the president of the united states. in the initial, joe biden looks like the president-elect, but a lot of playing field when they meet on december 14th. they'll fight tooth and nail and exclude ballots after the polls closed we saw sam alito from the supreme court that those ballots need to be sequestered. there were other starts where they came in and north carolina, i don't think the president cares about that because it looks like he's going to win that state, but

other states where ballots came in after polls closed on election night. the trump campaign it going to do everything it can to exclude those ballots and do everything it can in recounts and exclude other ballots, ballots potentially that were cured, ballots where signatures didn't match. so there's a lot of ground to cover between now and december 14th when those electors meet that the trump campaign believes it can mount a challenge to what we're seeing in the initial vote count here. do they have a chance to do it? unknown. when you look at florida, with the narrow margin between bush and gore, we may not get there. we'll see. >> okay. >> john roberts at the white house, thanks, we'll head back, obviously, that projection is a projection and they'll fight in court. court. >> the fox news decision desk can now project that former vice-president joe biden will win pennsylvania and nevada putting him over the 270

electoral votes needed to become the 46th president of the united states. >> donald trump, the 45th president of the united states vowed not to concede. legal challenges will ensue over the course of monday and beyond. we'll see what happens. >> keep it here on these stations. now, we're headed back to peter doocy. he's headed out in wilmington, delaware, and we have an update from the biden campaign, a statement from the biden campaign on that call, peter. >> bret and marsha, it's a statement from the president-elect. allow me to read it, 60 seconds, i'm honored and humbled that the people of america have placed in me in the face of unprecedented obstacles, a record number of americans voted proving once again that democracy beats deep in the heart of america. with the campaign poefr it's time to put the anger and harsh rhetoric behind us and came together as a nation and come

together and u neat and heal, we're the united states of america and nothing we can't do together. the former vice-president is at home 15 minutes away, the parking lot has become a secured secret service perimeter since tuesday afternoon, thought tuesday, wednesday, thursday, friday might be able to come for a victory celebration. it appears that's now possible and we don't expect to see him until later on this evening. it's set up like a drive-in, last night they screened a couple hundred cars ready to come in and wound up not letting anybody in and put the vice-president inside, the former vice-president and now that he's the president-elect he's got this celebration planned, 47 years to the day from when he first became a united states-- when he first launched his initial senatorial campaign in delaware. back to you. >> peter let me ask one they think, is -- we don't have the

timing on when they're going to come out. when they're going to address people. >> no, we don't. and we would expect based on the way that it's set up with kind of a light show and fireworks, that it's not going to be until later on this evening. and as for what's going on here right now, it's unlike announcements of this magnitude in the past where there would be a hotel ballroom filled with people cheering because we're not inside the hotel, we're outside the hotel and walking in the parking lot to get to the camera, you hear a few people honking their horns, some scattered cheers of people who can get close enough or honestly the a parking spot because of the secret service perimeter. it's going to be a couple of hours, we would expect more tour y curious locals trying to get a look and now the former vp who has a speech to right.

i'm sorry, former vp -- the president-elect. >> and in wilmington, delaware, this election still the balance of power in washington that a president biden will have to deal with, is still hanging in the balance with two-georgia runoffs that will be january 5th. and there you see the possibility of democrats picking up races. we expect to call alaska and north carolina eventually for the republican, but if democrats were able to pull off two surprises, which is highly unlikely in a place like georgia, but if they were they would control all three branches of government. the white house, the house, and the senate. >> and the outcome of that senate race is going to set the stage and the tone for how much joe biden can achieve as president, and how much pressure he would get from the left. we remember the bernie sanders comment with the squad, who everybody has become very familiar with over recent years, so, the tug and the push

and pull in terms of what kind of presidency joe biden would have and what would be on his agenda is sort of where we are going to begin to think and to turn our attention right now. >> we should say that this is pretty-- this moment is pretty astonishing. i mean, the president is saying i am not giving up. i'm going to fight. and he has every right in every courtroom. this projection the statement is right that the media doesn't give the presidency it's the voters and just projections don't make it official. he has every right to go into consumers. we just haven't seen all of the case that is going to be made to changingings, why the projections are made. they still have to be certified by all of these states and that happens starting at the end of this month. >> yeah, it's a mathematical assessment on the votes that have been cast and the numbers and where they fall, that is how you make these projections.

that's how these news desks, decision desks, make these projections and that's where we are right now, but the certification comes in mid december and the president has said he will not concede. in fact, he tweeted, i won this election by a lot. >> stand by. >> fox news decision desk can now project that former vice-president joe biden will be elected the 46th president of the united states. and know you with that projection news that the president will continue to fight saying he will not concede and will fight this legal battle in consumers across the country. standing by with us now the host of fox news sunday, chris wallace, your thoughts on this projection and where we are in this unique part and time in history? >> well, first of all, i'll vividly remember in 1980 when he way covering