and their will be a smooth transition to a second trump administration. we are ready. >> reporter: wednesday november 11th, donald trump's allies standing behind him and his election battle as a nevada poll worker comes forward claiming to have witnessed voter fraud live in washington. aunt for a person of extreme interest in the murder of a longtime houston police sergeant. how the department is supporting the fallen hero's family. we are honoring all those, 95-year-old world war ii veteran

joins us this hour with his incredible story of service and sacrifice which "fox and friends first" starts right now. ♪ freedom don't come free ♪ an american soldier ♪ my brothers and my sisters ♪ shannon: a beautiful song to start the day. this is veterans day. you can see the flat on the left-hand side of the screen. you are watching "fox and friends first" on wednesday morning. >> thank you to all of you veterans out there. donald from selling off on the election as his campaign for javad with lawsuits. >> joe biden is calling for refusal to concede an embarrassment. lucas tomlinson has the war of words in washington. >> despite many world leaders

including some close allies congratulating joe biden on his apparent when the trump campaign refuses to concede. >> i just think it is an embarrassment quite frankly. the only thing -- how can i say this? tactfully? i did get -- will not help the president's legacy. >> the trump campaign file lawsuits in arizona, michigan, nevada, and pennsylvania jewish legal only ballots were counted in georgia was previously dismissed. pennsylvania avenue stop election officer said only 10,000 ballots were received after election day the evening of november 6th, the number was too small to change joe biden's margin of victory, 50,000 ballots left account. in michigan the trump campaign launched affidavits from poll workers in detroit alleging observers couldn't get as close

as they wanted. on capitol hill a democratic house oversight committee announced whistleblower richard hopkins recounted his claim of election fraud in erie county, pennsylvania. nevada poll worker said the opposite. democratic chairman of the judiciary committee slams donald trump's attorney general for pursuing an investigation to election fraud. it is deeply flawed and disturbing, unlikely to open new avenues for the trump campaign but the dangerous and irresponsible impulse pandering to the president's wrist instinct was mike pompeo raised eyebrows for saying the following. >> there will be a smooth transition to a second trump administration. we are ready. the world is watching what is taking place. we will count the votes was when the process of complete, lectures selected, there is a process that lays it out clearly. >> reporter: pompeo walked that back telling bret baer he would make sure whoever is in office

has all the tools available but still didn't say the name joe biden. >> online poll by politico find 70% of republicans don't believe the election was free and fair. marco rubio says that is a problem. >> at the core of our republic legitimacy comes from people's confidence in the elections and right now you have half the country has doubts about the veracity of this election in the process that exists in the law, there is a process in the law that exists after the election before the results are certified, that process has to be allowed to move forward otherwise we are going to have a result that half the country will harvesting elegant account. >> only four republican senators have congratulated joe biden as president-elect.

former acting fbi director andrew mccabe said the agency has many reasons to investigate russian interference in the 2015 election. in front of the senate judiciary committee mccabe so the crossfire hurricane was launched because the bureau had reason to believe donald trump was a, quote, danger to national security, also specifically highlighted the firing of james comey but also admits he would not have signed off on a warrant for carter page. >> the fisa court. >> i find a package that included numerous factual errors. >> reporter: a report by the inspector general concluded the page warrant application filled with mistakes and omitted information. mike lisa's this is bigger than the russia investigation. it is about fixing systemic

issues at the fbi. >> crossfire hurricane, about something much broader. i've been working on trying to shed light on the foreign intelligence surveillance act or fisa as commonly known and the long-term potential for abuse, warrantless surveillance by the us government, this is not okay. we need to scrap fisa and overhaul and reform the fbi. the credibility has been severely diminished by a few bad apples. >> james comey said he's proud of the work but also admitted there were failings. and arrest has been made in the murder of a houston police officer. accused of shooting and killing sean rios. police releasing video of a person of extreme interests.

the man was seen in a parking lot. sergeant rio was a 25-year-old veteran and father of four. 's brothers and blue went to his son's football game wanting to make sure he wasn't alone. tristan scored a touchdown. minneapolis committee narrowly approved extra funding for the city police department. they want to bring in outside reinforcements. they are shortstaffed and need the help. >> we can go back and forth on this but people are dying in our city. we need more resources right now. >> reporter: the measure goes to the full city council on friday. the police chief in detroit joins tucker blasting the defund the police movement calling out hypocrisy in minneapolis.

>> defunding the police is comical and ridiculous. as police chief, police officers you work for the community and the communities that are ravaged by violence let me tell you what the community says, we don't want defunding the police, we want more police, these are in communities that are ravaged by violence. we should get these outsiders and shameful the dialogue about defunding, look at minneapolis, reimagining dismantling the police and crying for more police. hypocrites all of them. hypocrites. >> reporter: later this hour former police officer anthony napolitano said city leaders turning back some police are spineless. he joins us live to explain. republicans take a one seat lead in the battle for senate control after democrat cunningham concedes to tom tillis.

tell us says he is humbled by the victory. three races haven't been called. dan sullivan is leading in alaska. georgia, two senate races headed for runoff. ♪ >> reporter: today donald trump invites mike pence, expected to attend the traditional veterans day ceremony at arlington national cemetery. the tomb of the unknown soldier. the ceremony will be closed to the public, and strict social distancing and face guidelines. it is 9 minutes after the hour the trump campaign filing lawsuits in several states while the biden team could take legal action to force a transition of power. alex where breakdown the case next. this veterans day we honor those who risk their lives for our

freedom including sergeant julian hopkins, during world war ii. army sergeant david gray seen on active duty. >> army warrant officer joseph shields stationed in georgia. thank you for your service. robinhood believes now is the time to do money. without the commission fees. so, you can start investing today wherever you are - even hanging with your dog. so, what are you waiting for? download now and get your first stock on us. robinhood.

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>> it remains the position of the campaign, the week after election day certified as the winner in 0 states. >> and embarrassment. it will not help the president's legacy. jillian: a war of words as joe biden waves legal action as

donald trump refuses to concede until his court battle was fought. >> what is the legal path forward? joining us to help us understand is alex hoyer. appreciate it. let's start with joe biden and his camp. you talk about what they are missing by having a delay, federal funding, ability to meet officials and intelligence agencies at the department but if you go back to 2000 and understanding how long that went, is it too early to have this conversation if joe biden in the campaign wage a legal battle? >> absolutely. i scratched my head, the presidential transition act of 1963 was implemented to help facilitate peaceful and smooth transitions of power but it is noted the administrator should refrain from making a call. it is fair to argue they haven't

certified the results in battleground states but we will see these legal battles play out which the electoral college convenes november 14th so hopefully by then. >> would he have a case? >> it is a very hard case to make in terms of the presidential transition act. we see the actual states certify the results, he would have more leg to stand on, losing states he had. at the same time may be there could be a creative argument by voters saying my fourteenth amendment right to vote isn't being taken into account as i voted for him and there is no transition occurring. especially given tabulations still going on, it is very premature. >> in 2000 the transition happened december 13th.

a lot of lawsuits have been filed on the trump side. break it down and tell us which ones are the most important and if you think the courts will pull in the president's favor? >> what i noticed on monday a federal lawsuit filed in pennsylvania and yesterday a federal lawsuit in michigan. there is an overarching claim the trump campaign is making in each case an equal protection claim, they are saying republican poll observers were treated differently in a number of large cities, philadelphia, pittsburgh, detroit, they are looking at claims in other states, atlanta, georgia, phoenix, arizona, nevada as well.

they have the same claims in a number of battleground states. the problem he is behind in michigan by 146,000 votes was with these types of voter fraud claims you can usually make up a few hundred, a few thousand becoming back from 146,000, he has a closer ability to do that in georgia, arizona where we see him behind joe biden by 12,000 votes. >> the affordable care act, john roberts, brett kavanaugh, they won't strike down the entire aza. >> straightforward case for severability meaning we would excise the mandate and leave the rest of the act in ways. >> hard to argue congress intended the entire act to fail

if the mandate were struck down, when the same congress that lowered the penalties a 0, did not even try to repeal the rest of the act. >> what do you see happening? >> i don't see enough votes to do away with the affordable care act. it could be that they have votes with brett kavanaugh and amy coney barrett, to sever the individual mandate from the rest of the law. expanded medicaid coverage won't be eliminated. the time is 18 after the hour. the majority of trump voters say they voted for the president, most biden voters say they voted against donald trump. kristin tate says the entire election had little to do with the president-elect, joins us to

explain. >> senate republicans closer to keeping their majority after tom tillis wins in north carolina. now allies on georgia. we have the balance of power. ♪ when you switch to xfinity mobile,

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>> republicans gaining another seat in the syllabus senate as tom tillis claims victory in north carolina. allies on georgia were two runoff races will decide the balance of power. what comes next? >> republicans a step closer to retaining the senate majority, north carolina democrat cow

cunningham concedes to senator tom tillis in one of the hardest thought and most expensive races of the year. senator tillis beating cunningham by just under two percentage points, tillis releasing a statement saying i'm incredibly humbled by the chance to serve the people of north carolina in the united states senate for six more years and i pledge to continue keeping my promises and delivering results. north carolina race tipping the balance of power in republicans favor, 39-48. but still two key races set for a runoff in georgia that could determine the senate balance of power. perdue and leffler versus democrats rafael warner. mike pence expected in georgia to give the senators a push. stacy abrams has already raised $6 million for the dems. minority leader chuck schumer hitting on them for calling on the secretary of state to resign. >> they allege the secretary of state did not deliver honest and

transparent elections, stunning charge in the united states of america. the kind of thing you hear about in banana republics and dishonest elections. >> calling for a manual recount in georgia, republicans warn of a radical socialist agenda if they lose. >> earlier this year the secretary of state agreed to send an application for a ballot to every registered voter whether they wanted one or not. >> mitch mcconnell and chuck schumer will retain their leadership roles regardless which way the balance of power leans. jillian: joining us to react, young americans for liberty analyst kristin tate. you just heard marianne's piece. explain what's going on in georgia because that used to be a solidly red state and it is becoming more liberal.

should republicans be concerned? >> republicans can't get too comfortable about georgia. it has rapidly changing demographics, the population growing quickly and massive out-of-state money flowing into senate races. the tom tillis when in north carolina is good news for conservatives because republican control of the senate is all that stands between us and unchecked radical leftism, unified control for democrats could really end america as we know it. there are no limits to what the democrats could do if they had control of the senate, the house and the presidency. what we saw was a repudiation of far left liberalism, republicans over performed but republicans cannot get too comfortable. these races in georgia mean everything and they need to get out the vote because democrats are trying to do the same.

>> we are going to pull up these numbers from our fox news voter analysis and the first one we pull up, this describes your vote for donald trump among trump supporters, 79% of people voted for trump, 21% voted against biden. people's vote for biden among biden supporters, 49% say they voted for biden, 51% of people who voted for biden voted against donald trump. what do those numbers say to you? >> this entire election was about donald trump and little to do with joe biden. most who voted democrat were doing so to vote against trump, not for biden. biden on the campaign trail even when he held rallies hardly anybody showed up. he has no real constituents your passionate supporters, just an empty career politician from

delaware who has been collecting taxpayer-funded texts for decades and keep in mind this is the third time joe biden has run for president. he lost three primaries this year. at the end of february. he only wrapped 14 delegates compared to 45 bernie sanders had at that point, 36 that pete buttigieg had. it was all about their hatred for trump. for republicans it was how much they love trump and it was irrelevant who ran against the president. >> funny how a lot of members of the media, will be goldberg on monday telling republicans to suck it up and accept the election loss although it seems pretty clear to me hillary clinton and her supporters had a tough time doing that for the past four years, thank you so much. still ahead this veterans day world war ii hero shares his story about beating covid-19.

>> positive affect, do what you are told, things will work out. >> he joins us to share his story of service coming up next. ♪ i will be a soldier ♪ i will be a soldier ♪ what i wanted. is this a new buick? i secret santa-ed myself. i shouldn't have. but i have been very good this year. wow! wow! wow! this year, turn black friday into buick friday all month long. now during buick friday, pay no interest for 84 months on most 20-20 buick suv models.

>> the negative attitude about something in effect them. a positive affect, do what you are told, things will work out, have a positive attitude and get with it. >> that positive mindset, 95-year-old world war ii veteran bill kelly, through a battle

with covid-19 when we spoke with him in spring but he's no stranger to tough fight in this veterans day he joins us to share his story of service. it is such an honor to have you on. can you tell us about why you wanted to serve our nation and tell us a little about your service? >> you want to serve your nation until the little about your service. >> why i joined the service? the results of pearl harbor, at pearl harbor, sneak attack, the lead went up north out of the regular shipping lines, people know they are coming and sunday morning december 7th, our

battleships all more, having church services there, and blue up the pacific fleet. fortunately our aircraft carriers and submarines were deployed. it was a sneak attack, japanese, talking about war, that made us just furious. we wanted to get in and straighten that out. if you don't mind my saying so at that time with our pacific fleet decimated there was nothing between the west coast and japan, nothing but ocean, they were very frightened because what is going on? so we did -- battleships from

the atlantic to help us out. before that, we finally got going. >> rose is your granddaughter and helps you translate. can you ask him when you close your eyes at night and think about your time in the service with visually do you see? i think she is translating. >> particularly if i talk about some things that i had seen that i thought i had forgotten, certain things i saw, i got very emotional and had no idea, somehow stuck in my brain to see these marines who had been shot up and this sort of thing and

got to me. i don't dream too much about the war. my great grandkids -- i joined them but mostly i miss my friends. i will be 96 years old come january 1st. most of my buddies are gone but i like to speak to them too. they would like to know what is going on in their minds too. pretty much the same, to defeat japan and hitler and impact our family life. >> and new year's day birthday, very cool to hear. it is important to keep these stories alive. how can we honor veterans on veterans day? rose is helping him out again.

>> the veterans, probably what we had in mind when we were attacked in pearl harbor, that is to maintain, to detect our friends and families, to defend that. from boy scout days on up, we've got the best country in the world in the judiciary, don't want to see people try to destroy that. i am sure the guys who see it the same way wanted to get back home and get this over with, taken care of and get back to

living again but not going to be pushed around, we are tough people. >> thank you for everything you have done, passing the stories along because it is so important the younger generation hears them. thank you for your service and thank you for your translation. what a great family. back to the election the presidential race in arizona tightening, biden is ahead by less than 13,000 votes afternoon numbers from maricopa county overnight, 46,000 ballots still have to be counted. fox news is called arizona for biden. president-elect biden calling on congress to pass a covid-19 relief package, democrats want more, mitch mcconnell is looking for a smaller price tag. >> that snag among us up for months is still there.

i don't think the current situation demands multi-trillion dollar package. it should be highly targeted. >> the whole reports mccall will have a more direct role. a few months ago minneapolis lawmakers wanted to dismantle the police. >> all that money going to the police department, what have we gotten in return? pain, trauma and hurt. >> big money to bring in outside reinforcements. anthony napolitano said they only changed their tune because crime is out of hand.

jillian: welcome back. minneapolis the council narrowly approving extra funding to bring in outside officers to fight the

city's violent crimes spike month after the same city council the lead the country and call city from the police after the death of george floyd. >> all that money going into the police department and what have we gotten in return? pain, trauma and hurt. we will be taking intermediate steps towards ending the mpd, the budget process. jillian: former police officer in chicago alderman joins me to discuss the sudden change. you hear these folks slamming police say they've done nothing for their communities and now minneapolis is paying 500,$000 to import outside officers to help this crime. what is your reaction? >> i hope it is not part of a new phenomenon across the

country where you have city councils slamming police department's, throwing them under the bus and offices quitting early, retiring earlier about taking a job and then you find yourself going through the yellow pages looking for rent a cop's. you could see this was going to happen. there is going to be a spike in crime and then where are the police? crime rates going up. you knew this would happen. todd: if you look at the numbers the spike in crime across the board, arson, assault, homicide, robberies, and they want to reimagine the police department. these are real crimes. what would happen if they fully defund the police department or change the police department in that city? >> why are you not reimagine your secure communities? 73 homicides in the city, why are you not reimagining the communities, putting this on the police, expecting them to be

johnny on the spot, and when you get that, i don't want to turn my back on you in the end. this is the domino effect that you will see across every city. in chicago, 696 homicides, city council talking about that as well. crime keeps going up and you expect more. it is a downhill effect, brutal impetus as well. >> new reports show and ytd retirement surge past 2018 levels. what happens? how do we get police officers to stay in these jobs in cities where they are so desperately needed? >> you have to get by your police officers, as community and city you have to understand the crime is an evil enterprise and bad things are going to

happen, we will get through and fix it as we get along, get better and stronger but you need the police, crime waves will happen through the country because police do not want to be the police because no one will back that up. they want to be the police but they want cities to back them up when they are doing their job. this is one of the toughest jobs in the country. jillian: some inner cities are seeing devastating side effects of what you are talking about. thank you for talking to us today. happy veterans day. a missouri deputy surprises his son after returning home from deployment in afghanistan. the emotional reunion caught on camera.

>> forget the car door, deputy sheriff thomas walking up to his son's window after pulling over the vehicle, tom was deployed in the air force for four months. that is awesome. this veterans day we honor our brief men and women who fight for our freedom. we have three u.s. army veterans on deck. patriotic salute to america next. robinhood believes now is the time to do money.

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>> today we honor brave americans who put their lives on the line for our freedom. joining us is doctor darren porcher, thank you for being here, thank you for your service. >> thanks for having us. >> what does veterans day mean to you? >> we know various members who sacrificed their lives for our democracy and protect our national security and places like iraq and kuwait, americans don't -- are able to experience but definitely something americans should remember americans made this sacrifice, veterans think about those, they made the sacrifice in the american revolutionary war in

iraq and afghanistan and elsewhere. >> what do people know about what it is like to serve our country, about leaving the state, the town, the family you love, what is it like for family members who have a piece of their family overseas? what don't we know? >> first time i stepped on a plane was when i left for boot camp. i came from a small town in florida and for myself being a veteran, in uniform over 7.5 years in iraq and to a half years in afghanistan, kosovo, somalia, and operations command -- the nation's flag on our shoulder.

difficult for families, shedding a tear, one of the hardest men i ever met. and having the opportunity to serve the nation again, the highest honor day have. >> oftentimes, the family that supports active duty members, i came on active-duty in 86, ronald reagan was the president and the majority of senior and ceos had time or tenure in vietnam. with them in the military that was very fulfilling.

for servicemembers, it goes back to that support mechanism, that remains in supporting members, fighting armed conflicts overseas, back into the reentry process in the united states. >> you talk about the battle overseas, there are a lot of battles, we are up against different threats, what do you think is the most important part of our military whether it be at home or overseas? >> against the coronavirus, the national guard was first to go in to containment centers in terms of that.

that is often not thought of that when it comes to health crisis, what it leans on in terms of countering a pandemic. >> talk about terror attacks that see that. talk about the state of our military, where we are, in the next few years. >> it certainly say with budget increases under the president, we are at our strongest point we've been in many years. the veteran that are meant programs, for primary care physicians, for their records, the better and accountability

act allows the military and the veteran community to give better service and better treatment. we are stronger than ever with a lot of lessons the last decade with regards to counterterrorism operations, intelligence gathering, the ability to disseminate attacks from state or nonstate threats. we are at our strongest point, and my hat is off, bill kelly led the way for many of us and paved the way to hand the torch and proud to have surged. >> how do we stay the strongest? >> we stay strongest, backing the military. bolstering the navy and china subsequently equipped the number of ships, we need to do a better

job, bolstering not just personnel but logistics, a greater presence worldwide. >> thank you all, have a great day. >> coming up in the next hour, a fight for accountability. >> i signed a package that included numerous factual errors. >> stunning admission by former fbi deputy director is republicans get to the bottom of the probe. tom fitton, what it means going forward. ♪

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>> there will be a smooth transition to a second trump administration. >> it is an embarrassment quite frankly. >> it is wednesday november 11th. the fight for a fair election, the trump campaign forging ahead with lawsuits as the biden campaign prepares to move into the white house. and the ballot battle goes beyond the white house, runoffs for control of the senate, the latest from the peach state is another critical state went to the gop.