us. i'm dana perino. i will see you on the five. >> bill: as i say dana, i hope you get a drumstick. see you at 5:00. thanks. ♪ >> bill: a good monday afternoon, i'm bill hemmer and election drama playing out this afternoon. we are watching it in battleground michigan where 7,000 people are watching a live feed that usually has hardly anyone. will they certify the boat? that's a question. at the moment, the state canvas board is meeting brother to certify the election of results, heavy to and it's been reported that one republican may vote against the certification saying he needs "all the facts. garrett kenny talks about the

election live from chicago. >> both republicans would need to vote against this for the certification to be stopped but right now it's not clear that's going to happen. they are currently working their way through the nearly 800 people that have lined up virtually for public comment in the head of the norman schlegel is one of the republicans from the board and there are indications that he may vote against certification which is something michigan secretary of state maintains is not an opti option. >> the line is very clear and the role of the state canvas or is under the law is very clear. there is no legal authority under state law to do anything other than confirm this election results. >> this afternoon mr. siegel has root repeatedly questioned that assertion and suggested in an audit could be conducted stating a recount can't happen until the election results have been

certified. both republicans would need to vote against this. the other republican on the board has repeatedly suggested that the board has no other option but it does not have powers to investigate the allegations of voter fraud that have been raised. that would suggest that we are headed to certification eventually at some point this afternoon, whenever they worked their way through the comments. however that does not mean the fight over michigan's 16 electoral votes is over. as i mentioned, once that certification happens, it opens a door for either the trump campaign or the g.o.p., by a formal request for either a recount or an audit to be completed and that's something they've been requesting for the last couple of weeks. >> bill: gets all 2020. >> i believe that law enforcement officer violates

his or her constitutional duty. i don't consider them a law enforcement officer. because you don't have the right to pick laws that you think you will enforce and you don't enforce laws that you don't agree with. right? that's not a law enforcement officer. that's a dictator. >> bill: that is new york governor andrew cuomo speaking about chefs who say they will not enforce restrictions on covid gatherings on turkey day. meanwhile a third pharmaceutical company with a promising update, astrazeneca announcing its vaccine is up to 90% effective and that would be three now. the demand for covid testing is increasing ahead of thanksgiving and lines are getting longer. casey stegall is live at attacks comic testing site in dallas, texas.

>> the medical practice that's running the drive insight said they were so slanted that they had to temporarily relocate to this parking lot because it can accommodate so many more people. then whether they want the rapid tests, that information is written on their car windows in this one location alone processing close to 800 tests a day, which doubled in the last month. similar in long lines, also insights across a country like this one in the denver area. many folks say they are doing this so they can feel more at ease for thanksgiving with our family. >> we are just making sure that we are covid free. >> i think it's been great, even

though the line is two hours long, it's nice to get it out of the way and have it be free. >> liens, liens, lines. a look at the scene outside of dodger stadium in los angeles over the weekend. lines literally wrapped for miles as people waited in line to be tested for covid-19. if folks do not have insurance, most locations do these tests for a free and then they are reimbursed later by the federal government. >> bill: thank you. back to the breaking news now, the latest on potential covid vaccines, laura ingle reports in long island outside of new york city. this is good news, laura. >> it certainly is good news. about a third vaccine getting ready for approval, unfortunately it comes as the bad news roles on about the spike in cases that are happening not just here but

nationwide. but that is amazing. the astrazeneca news coming out to the drug administration advisory committee set a date of september 10th to discuss pfizer's request for emergency use authorization for developing the vaccine. that's in addition to drugmaker madrona also awaiting approval for its vaccine candidates. if all goes well with the fda approvals, immunization could start happening by mid-december. he adds that 70% of the american population would need to be immunized to allow for true herd immunity which would take until may of 2021 if that many people did in fact participate. here in new york governor cuomo announced he restrictions in some zip codes where cases are spiking adding the state will open an emergency covid

treatment facility on staten island where cases have not tripled. we set up a number of emergency facilities in the spring, thank god we didn't need them. javits we did use for about 2,000 people. this was a planned emergency facility in the spring and we didn't use it. now, we need it. >> despite warnings from health officials not to travel the thanksgiving weekend getaway, it's ramping up with th tsa reporting more than half a million passengers showing up to airports. so we know the case is me where very well be going up and hopefully the vaccine come sooner rather than later. >> bill: let's bring in david osmond. way to have you back. what are you seeing out there as you watch all this? >> first of all i'm seeing 3 million americans who have

traveled against the wishes of a lot of these authoritarian leaders that want them to stay under lockdown. 3 million from friday to monday went on their thanksgiving day vacation. i don't know whether they are going to a place with more than ten people in a room or not but the fact is that this is the land of the free, bill. americans see the therapeutics for the covid, the vaccines coming online and they see the hypocrisy of those who make the rules, not following the rules most blatantly by governor newsom i think. but by a lot of the governor of new jersey is doing the same thing. this is significant economically and of course but those states that have the severe lockdowns not surprisingly are the states with the highest unemployment rate. new york and california have an unemployment

of below seven, but there are also questions about whether they work medically. americans are taking that plays comic phrase, land of the free, and going with it. >> bill: i know a lot of people want to spend time with family and friends and they are making the effort that is required to give them more assurance and that's why they are waiting in those lines. you see it in every state across the country. this weekend, and today. >> you also see a lot of tragedies. in the last hour dana how to report on the food shelters, food distributors, and how a lot of these people who have never had to take food before are now forced to because of the desperate situation of the economies in which they live. this is a nation of 50 states,

each state has enormous authority on its own to make the rules whether it's for lockdown or open economies and again those people suffering the most are those who live in a state with lockdowns. there are authorities there is say they need these lockdowns to combat the rise in virus cases but you see those long lines of cars and you wonder how much the increased testing has to do with the new cases. >> bill: that's a great point. by the way, your timing is perfect. "the wall street journal" is now reporting that janet yellen will be joe biden's pick for treasury. you've heard about this? >> she was the odds on favorite. if jamie dimon comes through with the business community, that's an academic who spent their whole life in academia or public service.

that's what we've seen in the trump administration where you have a private-sector person person as president and he tends to prefer private sector people. that could lead to an economy that is not as vibrant, janet yellen is a lifelong academic/public servant, and it's no surprise. she's done some things that are very progressive that will please the progressives in her party, and it's not a big surprise. >> bill: would put you on the spot and you passed. the dow was up about 400 points. it's nice to see david osmond as we watch the dow climbed 380 plus. and americans all across the country lining up with these covid tests before turkey day.

his vaccine relief around the corner? alex azar as my guest and a few moments and we will talk about that and warm and critics calling out hypocrisy. a protest erupting in l.a. over at governor newsom's covid curfew. governor cuomo has held the 111 pandemic briefings in eight months. we will tell you why that has earned him an international emmy. yep. it's moe and mark on a monday. still to come. four years clear. real people with psoriasis look and feel better with cosentyx. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor about an infection or symptoms, if your inflammatory bowel disease symptoms develop or worsen, or if you've had a vaccine or plan to. serious allergic reactions may occur. learn more at cosentyx.com.

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>> bill: secretary mike pompeo arranged a secret meeting in saudi arabia this weekend. it would have been the first meeting between intimate not yahoo and the saudi competence. benjamin netanyahu and also not commenting. as you know the u.s. has helped negotiate many agreements between israel and other sunni-arab countries in the year 2020 alone. lap "wall street journal" reporting that president-elect joe biden will pick janet yellen for treasury secretary. she has a long resume and peter doocy is live in wilmington, there delaware. good afternoon, is this much of a surprise? let's start there. >> it sounded like all signs pointed to this being a possibility, so not a humongous surprise. this is a progressive groups that have come out to say in the last few days it would satisfy progressives as well as

moderates. this is the job that elizabeth warren, and she thought that she would be a good fit for treasury-secretary and according to "the wall street journal" report, that's not going to happen. at least not as biden's first treasury secretary. but it might comic it might be john kerry, somebody who earlier in the primary season when he was out for biden, he talked about getting the country onto wartime footing to fight climate change and know he has been tasked to coordinate the $2 trillion bite and claimant plan for a job that, for the first time will get a seat at the table in the national security council room. biden is rate promising to join the paris client comic climate accord, but he just got scratches the surface. he's also getting widespread praise in the party from moderates and progressives for nominating tony blink and to be secretary of state. but one member of the so-called

squad in congress rashida tlaib said that blank and is a good pick "so long as he doesn't suppress my first amendment rights to speak out against benjamin netanyahu is a racist policies." the palestinian people deserve equality and justice. biden is trying to make history with these picks. the first woman avril haynes worked at the cia, the nfc end in congress. and the first ever latino and first-ever immigrant nominated to be director of dhs will be alejandra mae arcus once led the response to the got and ebola. biden hinted over the last few months that he might task a republican or two to join his administration but we have not seen that and he still has not met with the top republican in the senate, mitch mcconnell. although the transition is saying that he would right now, they are at a theater nearby with the big zooms green and they are talking to a few dozen

mayors. sp1 let's see how much we can dig into this. if john kerry is back on the climate sorry, he has said we will get back into. have they told you how roughly they plan on doing that and achieving that? >> something else as they start to put these puzzle pieces together, it's not just john kerry in terms of restoring things that were in place when obama was the president or hillary clinton and john kerry were in charge of the department of states. one of hillary clinton's top deputies jake sullivan is going to be the national security advisor under a president biden. and so they are getting together along with tony lincoln, who was a close advisor while the iran nuclear deal was going down at the paris climate accords are being signed and being joined so they are getting a lot of the same people who were there the

first time to very quickly restore it to the way that they think things were better four years ago or four and a half years ago. >> bill: the mirror, new york, l.a. and atlanta, what's a message on that call here? >> the messages basically they are trying to talk to people about what's going on specifically with covid-19 because they have no connection still with the decision-makers in washington, d.c., with the federal officials because the gsa has not said joe biden won, here are the federal dollars in resources set aside to help you with the transition. so instead they are going to these big cities, what's working for you and what's not, just so they have some idea about what to expect and what might be available or what might work for them in two months. >> bill: thank you peter. nice to see you in a windy wilmington, delaware. more breaking news now, a

showdown over pennsylvania and the trump campaign appealing to the latest certification of the election results. that deadline is today. we will tell you in a moment what has happened before the judge, andy mccarthy is here to explain it all to us. and it would you call the cops on your neighbor over covid restrictions? in one state that's exactly what the governor wants you to do. or there is jail time. details in a moment. musical physica♪ without having to verify your income, without getting your home appraised, and without spending one dollar out of pocket to get it done. it is the quickest and easiest refi they've ever offered. to high quality computer science and stem education. ♪

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>> bill: a breaking news in pennsylvania were today is the deadline to certify election results, the state supreme court has rejected the trump campaign appeal after a federal judge's decision to toss out the lawsuit. biden leads in that state by about 50,000 votes, bryan llenas with us this afternoon.

>> the trump campaign and republicans are trying to block results of the same time, 67 counties are trying to certify their results in pennsylvania and the certification in allegheny county took place this morning, home to pittsburgh. the board of elections voting 2-1 to certify their results there. there are two lawsuits to keep an eye on in the keystone state. today the third circuit agreed to expedite a trump campaign appeal after a federal judge tossed out a lawsuit attempting to block the certification of results over the weekend. in his opinion judge matthew brand wrote that the case by rudy giuliani was speculative, accusations unsupported by evidence. they asked the court to disenfranchise over 7 million voters and a plaintiff with quinn, formatively armed with corruption.

the campaign is asking the appeals court to amended complaint heard by another district judge and in the meantime they are asking the court of appeals to stop the certification of the results until this is all sorted out. in a second lawsuit today, a group of republicans asked the state courts for an emergency injunction to stop the certification of votes immediately until the courts can determine the merits of the lawsuit. the court determines a law passed last year by republican led legislature, and just coming in now, the pennsylvania supreme court ruled against the trump campaign. pennsylvania supreme court saying all of those ballots count. >> bill: okay brian. thank you. fox news contributor andy mccarthy will sort

through all of this. we have you on because you speak english and a lot of the stuff. that's investment match between the harm alleged and the remedy sought and that's the key line. explain what that's about. >> what they are asking for is to invalidate basically 7 million votes. what they are showing is that you may have a handful of -- a relative handful of violations here and there and what the court is saying, >> bill: so you have two claims about being disenfranchised but to claims equals to votes and doesn't get you anywhere near 80,000. that's what the mismatched was

in the remedy sought. >> that is right, there are three different things going on. the two voters and that remedy would be to the 7 million and as a judge says as much as 7 million. the trump campaign says biden leads by about 81 or 83,000 votes, so in order to get in the ballpark you have to show that you have the chance of overcoming that lead and so far they haven't. >> bill: it's of today is the certification in pennsylvania. the republicans have -- there is a canvas board. we can report at least one of the republicans is not yet willing t to go forward with the certification. if that happens, where would

that go next in michigan? >> if it's a 3-1 vote, you will just lose. i think the thing here is, there is a good for even if you think you need an audit, there's a good case for voting to certify because of the state is saying is, we can't go forward with the audit to make sure the voting procedures were proper until there is something to audit which has to be the certified election results. so i imagine what will happen is they will decide to go ahead and certify with the idea that then they try to push the state to do the audit promptly and in the meantime you will get lawsuits directed at the certifying -- mike -- >> bill: i think the government there in michigan has ultimate authority, she could step in at some point. right? >> under the constitution, the state legislature has ultimate authority and under the law of michigan and probably would be the governor in the

administration because they have been delegated a lot of power by michigan's legislature, but ultimately again, it's going to come down to, is what you are able to prove when you're trying to challenge something, doesn't even get you in the ballpark given how broad the lead is? i think in michigan is something like 155,000 votes. >> bill: i thank you, andy. nice to see you today and we will see later in the week. critics claiming covid hypocrisy by governors from coast-to-coast. they are in the streets of california protesting the covid curfew as a governor is quarantined after attending a controversial gathering about a week ago. in new york, the governor upping the ante on new thanksgiving restrictions after accepting an international emmy for his leadership. mel and mark have a lot to say about that and they weigh in on

this, coming up next. >> i'm just asking, pause for a moment and do a determination of the risk-benefit within your family group. then when you make your decision, that's your decision. no one is forcing anything on you but it's worth considering. ♪

>> bill: at california governor gavin newsom says that he and his family are in quarantine after being exposed to covid. he says they have all tested negative so far. hope the new nightly quote curfew covers most of the state and william la jeunesse has experienced it live in l.a. >> the curfew means that everyone must stay home from 10:00 p.m. until 5:00 a.m., essential workers exempted. protesters fight that curfew in sacramento and chico and at agencies say that they will not enforce the curfew because of other priorities like crime, a

lack of resources or because it's unenforceable. >> they make sense, they have the science and data to back it up but that's something to be considered absolutely. but what doesn't make sense -- common sense is what people will believe and so far i haven't seen much of that. >> a similar response in oregon where governor kate brown ordered a two-week freeze on gatherings. no more than six people from two unrelated households at any one place or any one time, indoors or out. if you witness any neighbors violating the rule, call police. >> obviously for the last eight months i have been asking oregonians to follow the letter and spirit of the law and we have not chosen to engage law enforcement at this point in time. unfortunately, we have no other option. >> several police agencies said they will not enforce the war. however if someone calls in and says my neighbor has ten people

over at their house, we are not coming says stuart roberts. he said he can't think of another time when he has been asked to take on such a regulatory role with political implications. he says police don't have the discretion when asked about the 10% limit in new york. >> bill: i want to bring in marc thiessen, and both are fox news contributor's. we got a lot to chew on here. and we've got 30 minutes to do it. mark, call the cops. if you call the cops a violation could face up to 30 days in jail and a fine of $1,250. how is that going to go over? >> unbelievable. let's just say from the beginning everyone should be responsible. social distance, where mass, don't gathering large crowds but that's the decision people have to make themselves. the idea of having police and

neighbors calling police is totalitarian. they say they don't want to bring cuban style socialism to america but that's exactly what this is. yet these committees in defense of the revolution who basically are committees of neighbors who snitched on neighbors and refer them to the state authorities. so what governor brown is essentially doing is asking people to form committees in defense of the resolution to snitch on their neighbors that they are having thanksgiving turkey. that would make fidel castro proud. >> bill: sorry i have to interrupt you. but some folks need a higher fence. >> what governor brown is saying is be smart, stay home. don't gathering large groups. in governor brown's and the only one saying that, public health officials are saying that. two things can be true at the exact same time. thank god there is a light at the end of the tunnel. there are multiple vaccines that

are very close to getting out into the market that we are soon going to be able to start accessing. we may not get there fully until next summer, that's number one. number two, right now things are getting worse. more people are getting infected, more hospitalizations. why put ourselves in worse risk when we are so close? when it's there in our grasp? that's what these governors are struggling with, that's what these governors are grappling with. you can sit here and try to play political politics with this over democratic governors and whether or not they are being socialist but what we should all be saying is what you said there's start. let's be smart, let's be safe, let's do the right thing, wear masks and don't gathering large groups. >> that's a good message, i don't know if they will be out counting cards in the driveway. andrew cuomo accepted an international emmy for his press conference. here are the total number of

deaths in new york, 34,319 in the empire state of which so many retrace to nursing homes. he gets an enemy. >> his success story is a work of fiction. as you pointed out, 25% of all the fatalities. he could have sent them to the field hospital where the javits center, could have sent them to the usns comfort or the naval medical ship but he refused to do that, he sent them to nursing homes. also one of the big sources of spread in new york was a new york subway system and he didn't start sanitizing the subway until may. the pandemic that he failed to control in new york exceeded the entire nation and the reason why this is in very large part.

the the fact that he's going to get an enemy or selling books, why stop here. how about a nobel prize for medicine? >> i actually think the enemy is pretty dumb and the reason why i do is because when they put out the statement, when the emmy committee put out their statement they said he has created this whole brand-new television show with characters and plot lines. what frustrates me is the emmy committee would belittle the important work that was being done. i give a governor cuomo a lot of credit for those briefings he's held day in and day out. around the country, he was on the front end of this crisis and was dealing with it in real time and there were some mistakes made absolutely. he was informing the public in a

way that we weren't getting from the white house or more other places and that was life and death and relegation for a television show type thing, i thought that was cheap and all of this. >> bill: thanks so much for your time today. more developments on fighting covid to come at the feds giving emergency approval to the antibody drug that president trump took and helps heal him in three days' time. and a promising breakthrough in another potential vaccine. secretary alex azar is live right after this.

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>> bill: the nfl implement and what it calls intensive coronavirus to call as cases continue to rise across country. under the new rules masks are

required in team facilities, meetings must be held virtually unless in the locker rooms are outdoors and limited to 15 minutes. jim, good afternoon. author of the brand-new book called talking to goats. i want to ask about that in a moment. first on the nfl. a lot of people didn't think the season would happen, but it's happening every week. what do you think -- how do you think they are doing so far? >> they've been doing very well. bill, we have some breaking news. multiple positive covid-19 tests at the ravens, their facilities are is now shut down. they play thursday night against the steelers, j.k. dobbins who played for snaps and others have reportedly tested positive so this is not a good develop meant. >> bill: that's news that i was not aware of so that could trickle throughout and then we will see the effect of that. when you think about college football, often times we have

seen games postponed, some happen and a lot of them do not but i come back to the thought that a lot of people didn't even think the season would be possible. how do you view it? is it faux football knowing that teams are not at full strength? >> everyone is being dealt the same hand, there is a pandemic going on now in the national football league, they have postponed some games and move some games but as of now they have not lost any games in the schedule. they've made some protocols that have been put in place within masks and what they are doing now in virtual meetings only income they cannot gather, and now going forward they have altered the schedule proactively so they have to change things it they allow more teams into the playoffs if they lose a week. up until now they've been very good with the guidelines and very lucky. >> bill: congratulations on the book "tell me what i don't

know" about the greatest of all time. pick one. >> you talk about muhammad ali, he was the greatest of all time. and look at how and now it's taken off. ll cool j kind of modernized it after muhammad ali left the ring and wrote a rap song, and now lots of people are goats in a sport and we have lots of great players who can put the acronym on their name or toward their name and it's a roving kind of definition. muhammad ali, if you look back at what he did, the greatest moment that i ever saw bill was the moment that he lit the torch in atlanta. and there before the grace of god go i. he served up there with parkinson's disease with all that grace and all that cult comic courage and reminded us of what he did not only in the ring but outside the ring. >> bill: great story, i was

there that night and i can still feel the chills. i hope to see you in person sometime soon, congratulations on the book. >> thank you, bill. >> bill: thank you, jim. back in a moment. music anmusical♪ it customizes our home insurance so we only pay for what we need! and what did you get, mike? i got a bike. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

♪ >> bill: a big headline over , we could hit herd immunity by the month of may as we get more promising news and a third vaccine candidate, up to 90% effective, three players on the field at the end of decemb of december. mr. secretary, thank you for your time and good afternoon. it's 2020, we hope to see you anyouand person. are you there? >> sorry, our studio went down. >> bill: there is an important news, i want to make sure we get you on.

what about the claim of herd immunity, what would that mean? >> it is possible thanks to operation warp speed and the vaccines we keep developing. the vaccine, 95% effectiveness. we would hope to start vaccinating. johnson & johnson vaccine, that all soap could be coming in the near term depending on clinical trial. we will have a net vaccine for every american and that is what you want to do towards getting the vaccine induced herd immunity. a string of important news, we approve the antibody cocktail over the weekend, the one the president got is shipping tomorrow. we have astrazeneca showing promising results. my plea to your viewers, we are seeing all this great news,

please be careful over thanksgiving. >> bill: that's a good strong message, but their 70% herd immunity in may. if you are to translate that, does that mean we are close to normal life again? >> absolutely. we have a realistic shot at getting back to normal life as we get into the spring of next year thanks to the vaccination program. >> bill: i'm looking at the testing lines and they're everywhere. people are getting ready for thanksgiving. you see the lines around christmas time, hanukkah. do we get used to moments like this in a parking lot in california? >> it's unusual. we have over 20 million tests in the month of november and 70 million are rapid are rapid point-of-care tests. we are seeing people come in to get tested for thanksgiving. people have to understand, a

negative test is not your golden ticket. a means at that very moment the test is showing you to be negative. you still have to be intensely careful about your behaviors, even with a negative test. wash your hands, watch your distance and wear face coverin coverings. >> bill: two more questions. regeneron, you mentioned that a moment ago. tell us what is moving on this that would allow the fast track? >> we saw good initial trial results, just like we saw from the antibody. we authorize that over the weekend and tomorrow 30,000 doses will ship ed will get 80,000 out, trying to prevent people who are at risk of severe complications from having to be hospitalized. >> bill: that is the antibody. if you're sick you take this and you stand a pretty good chance of getting better. >> that is the home.

if you get sick, a positive test and you are at risk of severe complications, let's say you have diabetes, talk to your doctor about getting on the therapy. >> bill: noted. thank you for your time. congratulations to you and everybody. it's amazing stuff, don't you think. you think about the amount of human power that has gone into this. >> it is unprecedented, the history of pharmaceutical development. they call it staggeringly impressive and you know how painful that must've been for them to say. >> bill: thank you sir. hope to see your face next time. thank you. some news breaking from "the wall street journal," a big announcement to be the next treasury secretary? we will watch that. significantly down more than a

third, 33% of business is down. they will need a bailout as we well. giving back a little about what we gained. we'll see you tomorrow, 3:00 p.m. eastern. here is neil. ♪ >> neil: so many vaccines and so little time, but we want to kick things off. if at first you don't succeed, the recount and count again. right now the development on a fast-moving political picture that has an increasing number of republicans saying, enough already. we will also speak with the georgia secretary. what he has been getting, the present of the united states, including the senate in that state. so much is going on.