have some type of ties to terrorism or threats to national security. that's why it does raise a red flag when you come across anybody from these countries. >> dps tells us that part of the concern about these special interest aliens is the fact their countries don't communicate and share their criminal histories with the united states. dana. >> dana: thank you. you've been doing amazing work. i want to point this out because we showed you earlier there is this shooting of a jewish man on his way to synagogue. basically there has been no -- the mayor doesn't want to say anything. ritchie torres is the democrat of new york, congressman very strongly in support of israel and against anti-semitism. if you burn down ballot boxes with the messages of free gaza in oregon, the local police will act if the motive is unknown. if you commit a hate crime

against a jewish they act as the motive is unknown. it's symptoms of a deeper disease. america desensitized with anti-semitism. >> the police gave no answers, what language did he speak? what did he say? none of them would cop to more what they know so far. it is all coming from the mayor. >> dana: there are new fox polls showing a tight race in the keystone state. the presidential contest is a dead heat in pennsylvania. former president trump ahead by one point among likely voters in a head-to-head match-up 50-495 days before the election. welcome to a new hour of "america's newsroom," i'm dana perino. >> boo, happy halloween to you and you at home. five days. right on, i'm bill hemmer. former president trump turning garbage into gold with his message in green bay after

president biden called his supporters garbage. >> how do you like my garbage truck? it's in honor of kamala la and joe biden. >> the fall out continues. maybe another day talking trash was the white house scrambles to clarify biden. >> dana: elon musk is fighting a lawsuit challenging his million dollar giveaways. philadelphia's top prosecutor calling it an illegal voter lottery. >> i think the filings his office has made are rather transparently political. they want to pull musk off his campaign and into a philadelphia courtroom. musk's argument and company's argument is look, it is not illegal. >> dana: lucas tomlinson at the white house. bryan llenas is philadelphia. any sightings of mr. musk?

>> good morning. this hearing just got started here at 10:00 a.m. and elon musk is not here in person. a judge, though, is set to decide whether or not really that musk's sweepstakes will continue. an effort to help president trump get elected musk and his political action group have been handing out a million dollars a day to one registered voter to signs a pledge to support the first and second amendments. on monday larry krasner filed a lawsuit claiming the sweepstakes is running an illegal lottery violating pennsylvania's consumer protections reading america pac and musk must be stopped immediately. their lottery scheme and unfair and deceptive conduct will harm

philadelphia and others in pennsylvania and tarnish the public's right to a free and fair election. he requested more security for today's hearing claiming he has received many anti-semitic attacks after musk shared a post that said that krasner knows the sweep stake is not illegal but wants a leftist judge to stop it before election day. musk responded with a 100 emoji. the latest legal election battle under way across pennsylvania where fox polls show a tied race among likely voters. both campaigns view pennsylvania as a must-win and everything is being scrutinized. after republicans sued a judge yesterday extended in-person on demand mail in voting until the end of the day friday in bucks county voters complained they were being turned away before the in person 5:00 p.m. deadline on tuesday and democrats are suing an erie county here in

pennsylvania. they claim up to 20,000 voters have not yet received their mail-in ballots and say the post office hasn't been able to account for 1800 other mail ballots. a lot to keep an eye on, dana, when the race was separated by 80,000 votes in 2020. >> dana: the judge has been seated at the bench. elon musk is not there. we'll keep in touch with you, bryan, to find out what happens today. >> bill: the vice president kamala harris trying to distance herself from biden's garbage gaffe the other night making her final pitch to voters in the sun belt in the american southwest. that comment sending the white house into damage control with only five days left on the calendar. live to lucas tomlinson cleaning up the garbage on the north lawn of the white house. good morning. >> with less than a week to go before election day who would have thought we would be talking about garbage and apostrophes. this all began with president

biden speaking on a zoom call to latino supporters on tuesday night. >> president biden: puerto rico and my home state of delaware they're good, decent, honorable people. the only garbage i see floating out there is his supporters. his demonization is unconscionable. >> biden did not attend harris's speech at the ellipse a few hundred yards away from the white house but on the zoom call. the official white house transcript. note the apostrophe on the word supporters. the press secretary responded. >> he was not calling trump supporters garbage and why he wanted to make sure that we put out a statement that clarified what he meant and what he was trying to say. so just want to make that very clear for folks who are watching. >> and now house republicans are calling that transcript a false official record writing, quote, instead of apologizing or

clarifying president biden's words the white house instead sought to change them despite them being recorded on video. by releasing a false transcript of his remarks, white house staff cannot rewrite the words of the president of the united states to be more politically on message. the issue doesn't seem to be going away. we saw former president trump donning the garbage man attire and in the garbage truck and vivek ramaswamy as well. last-minute costume ideas for today on halloween. >> bill: thank you, lucas, nice to sigh at the beeping white house today. >> i can assure you we are not garbage. how dare he say that. looking out i see police officers, teachers, nurses, grand parents, students. i see everyday americans that make this country great.

>> dana: green bay packers legend brett favre at yesterday' trump rally in green bay, wisconsin saying what everyone was thinking after former president trump hitched a ride in a garbage truck. lawrence jones nonce us now. the "new york post" cover. a great cover. trump takes out the trash. you posted they let the billionaire become relatable. well done. >> they did. this is a guy that's not supposed to be relatable to an american. this is the democrats' and they know how to go to the barber shop and mcdonald. they handed him a prize. this is when the race becomes very dangerous because he is having way too much fun. the democrats are angry. that's their message right now. he is on the campaign trail making jokes, talking with his people. this is the real problem. back in 2020 gallup did a poll.

56% of americans said they were better off under donald trump but rejected the personality. joe biden said he would heal the country. the one issue they voted for him on. not better on the economy or secure the border. and he failed it. first he lied to the american people. they asked him what will you be doing when kamala harris is going to be giving this speech? he says i'll be watching it. then in the middle of the speech in front of his laptop and he does this. wasn't even a gaffe. you have the white house press corps, all you have to do is be honest. we know what happened. stop trying to parse the word. say i apologize and got caught up in the moment. joe being joe. sometimes he gets fired up a little bit. instead they insulted us two times. first they were calling us garbage. secondly they saying i didn't mean it that way. >> bill: a big pitch for biden in 2020 is calm the chaos.

now the world is on fire. that's undeniable. you mentioned barber shops. show this poll here. fox news poll shows that biden's share of the african-american vote is 93% four years ago. she is around 81. i don't know if it stays there or not. if you look at the early voting in places like louisiana and georgia and north carolina, the black vote is soft. they can make that up. it is not over. why would it be that way do you think? >> because the men are showing up with their families. we went out there and said look, we want to take care of our families. we're going to the grocery stores and making it hard to provide for our families. we say look, we don't like what is happening in the schools taking over things that should be with the mom and dad. we don't like that. we don't like what's happening at the border. don't like the jobs being taken. she releases a plan talking about weed and other stuff. she doesn't even address the issues. we invited her to a barber shop.

donald trump took us up on the offer. her campaign decides they'll copy the strategy and host barber shop. it wasn't until weeks later she made her way into the barber shop. so again a constituency is saying come talk to us, talk about the issues that matter to us in our communities and talk about our families and how to make life better. she talks about donald trump and shows up in the fourth quarter. that's not a campaign strategy. then when she has this moment to speak to an entire country she picks washington, d.c., the most unrelatable place in the country and talks about donald trump the entire time. you aren't going to win voters that way. you demonized him for ten years. the story about the october surprise. they used it all. they ran out of ammo. that's the problem. you don't cry wolf every single day and think in october you will release something that will change the polls. even the nazi comments and

everything from those respected generals is not working right now because it is already baked in. it is too late to present a message, too, dana. >> dana: are you fired up? >> lawrence: a little bit. i may have had three cups of coffee. >> bill: despite that it might work. if the polls are right tuesday is neck-and-neck and anyone's race. >> i tell you this. if their internals are showing positivity they have are campaigning in places that they should not be campaigning now wasting time now. donald trump is saying i'll be a little bullish, why is he in new mexico and new york city doing a rally? that doesn't speak well. by the way, in the leaked comments when they said they didn't know they were cameras talking with whitmer. openly discussing men. black folks 95% of the folks

vote for democrats. there is no question now that 30%, 25% is up for grabs now. if that happens the election is over. we don't know. we'll see. >> dana: thank you so much for being here. >> bill: thank you. >> dana: and bringing the energy. i love it. let's get to this. historic flooding across southern and eastern spain. 100 people confirmed dead. the latest on the emergency response. >> bill: big hearing underway in the city of brotherly love. the d.a. suing elon musk for giving away millions of dollars to swing state voters. how will it turn out? we'll follow it. >> dana: the election is five days away but legal battles are in full swing. how the supreme court is stepping in. >> courts want to stay out of a lot of things they're thrust into. they are in the problem solving business. the thing with courts is they don't want to be perceived as deciding the election.

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>> bill: the jury is seated in the daniel penny subway choke hold case happening here in new york city. seven women, five men will decide the fate of the marine. it is worth pointing out that most of the jurors say they have either seen or experienced chaos on the subway themselves, all right? these are new yorkers now. opening statements will begin tomorrow. dana. >> dana: election lawsuits are ramping up with five days to go. republicans urging the supreme court to intervene in one case in pennsylvania. david spunt following this in washington today. hi, david. >> the legal challenges continue and will continue in federal courts across the country. several ending up at the supreme court already.

we're waiting on this key supreme court ruling in pennsylvania. the republican party in pennsylvania wants the justices to block a ruling by the state supreme court that requires election boards to count provisional ballots submitted by voters whose mail-in ballots were deemed invalid mailed without secure envelopes, a requirement. yesterday the supreme court gave a win to virginia. for a program seeking to weed out voters not american decisions. they said lawful citizens were removed from the rolls by mistake but the supreme court ruled against the d.o.j. these are the states where there are election-related cases making their way through the system. experts more states to be highlighted getting closer to an after election notice. many are battleground states.

while the supreme court may be getting involved, the justice department is trying hard to stay out of these legal fights for now. the department yesterday sent out a press release touting its policy of not taking overt criminal investigative measures in matters involving alleged ballot fraud until the election in question is over. critics argue that prevents any realtime intervention in credible fraud. bill barr changed the policy in 2020 when he directed u.s. attorneys to investigate potential fraud before certification but after voting ended. right now the policy says nothing the be done until after certification bringing into question does it have a lot of teeth to it? back to you. >> dana: thank you so much. bill, i think you have something more. >> bill: we do. breaking news now. philadelphia said in a courtroom a change a moment ago with regard to this challenge that elon musk and his $1 million voter sweepstakes. he is targeting swing state

voter, pennsylvania is one of them. who sign a petition to support the first and second amendments and respect the u.s. constitution. now the progressive d.a. in philadelphia says the giveaway violates consumer protection laws. want to bring in kerri urbahn. i motion was made to move it to federal court. what happens now? >> so now it's out of the hands of the state court. it is a good conclusion. we have to think about who is going after elon musk right now. larry krasner, he is a self-described progressive prosecutor, one of the first to call himself that backed by george soros, bad blood between soros and musk. musk said soros hates humanity. the second is how larry krasner has run law enforcement in philadelphia. he downgraded all kinds of crimes and made shoplifting

under $5 hundred no longer prosecutable and he removed bail for a number of drug and theft offenses. so one has to wonder if krasner is so low key when it comes to fighting crime in his city, why does he care so much about elon musk's constitutional petition here? it was good to move it to federal court and we'll see what happens from here. >> bill: musk has been doing this for a while. at least several weeks. why just now has it made it before a judge five days before election? >> krasner is the one suing him. that is really my point. larry krasner. i think jonathan turley made this point in the last hour. it feels political and partisan. he is going after elon when he doesn't go after violent criminals in his own town and doing it in a number of swing states already. this is the first lawsuit filed i'm aware of. >> he said america pac and musk

are lulling philadelphia citizens to give up their personal identifying information and make a political pledge for a chance to win $1 million. it's a lottery. krasner is now out of the picture if it's moved to the federal level, is he not? >> lotteries are regulated by the state and d.o.j. sent elon musk a letter warning him what he is doing may run afoul of federal law. it could be interpreted as paying people to vote. which is illegal. he says i'm not doing either of those things. i don't ask people who they register to vote for, just making sure they register and sign a petition where they support the first and second amendments. interesting to see how it shakes out in federal court. a bit of a gray area and an interesting case to watch. >> bill: on virginia, glenn youngkin won at this time yesterday. the supreme court says if you've got people who are non-citizens, they cannot vote.

what happens now in virginia? do they go back crawling into the voter rolls and find others or not? >> those non-citizens voters at issue are off the ballot. you have to remember this case will continue to play out in the lower courts. this just affects the here and now. my understanding is the period that virginia in its following its own rules had already stopped looking at rolls to remove people in the last couple of weeks. the issues no longer apply other than the 1600 non-citizens voters won't count in this particular election. >> bill: a victory for youngkin six days out yesterday. he won. i think it shocked a lot of people. i was looking at the reaction online. check that out. we'll keep you busy. kerri urbahn live in d.c. >> dana: 2024 candidates making their final pitches in north carolina. will the destruction from helene have an impact on voter turnout? also this.

>> dana: even vice president harris admits she is struggling with male votes. is she dropping the ball by not appearing on joe rogan's podcast? we have our panel up next. ♪

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in eight hours. we have that for you. election officials are working overtime to keep the polls open in north carolina while cleanup continues from hurricane helene. mark meredith is live in one of the hardist-hit areas. >> i talked to so many people on the ground that say they're struggling to recover from this disaster. not far from city center you have piles of debris easy to spot. an indication of how much this storm was able to cause so much destruction and restaurants like this one will have to be completely torn down. that's the long-term problem. short term state official eaves have to do what they can to insure 1.4 million people can get out and vote. the state has changed some restrictions for the people that live in the storm zone allowing easier access to get absentee ballot and where to drop it off but concern about the people that live in the 25 counties

impacted to get out to a polling place. the state im posing a new voting tent in some of the more rural com com commune -- communities trying to get the vote. >> trying to find workers to staff it for over 12 hours a day. trying to find those workers just insuring we have them fully staffed can be the most challenging and difficult part. >> north carolina overall seeing strong voter turnout in terms of early voting with more than 3.3 million people casting their ballot. both presidential campaigns were in the state yesterday. we know they will be back before election day. vice president harris will be in charlotte over the weekend. former president trump is planning rallies in greensboro. the former president has a slight lead here in north carolina but within the margin of error. there has been a lot of concern for the republicans about what will happen here in western north carolina, a traditionally

conservative stronghold and if people will have enough time, emergency and patience to make it out to vote. >> dana: it is important for us to be there and not forget they are still going through it. >> bill: we'll watch north carolina on tuesday and pennsylvania also. donald trump and kamala harris are deadlocked. an interesting trend in pennsylvania. polling shows no significant split between men and women. only eight points between them and within the margin of error. want to bring in jessica tarlov and kennedy to talk about this. good morning. we also have this now. show numbers in north carolina and then michigan. he leads among men in north carolina by 11. she leads among women by nine in north carolina. in michigan, he leads among men by 16. she leads with women by 17. do they cancel each other out or not? >> i don't know. the campaign feels bullish how

big the gender gap will be in their favor with female voters and made significant gains with male voters with college degrees. she was up plus six and seven with that demographic and they're feeling good about it. it was tighter in pennsylvania. see how it all bears out on election day but the early vote totals 54% of early voters in america have been women thus far. the question for everyone of these people lying about their vote and the harris poll had it at 23% lying about their votes, are they voting secretly for kamala harris or voting secretly for donald trump? >> dana: this article caught our attention this morning from the "washington post" about women backing abortion referendums and trump. so that's the headline. kennedy, it says republican and independent voters who plan to split their ticket on abortion said they were willing to give trump the benefit of the doubt on the issue with some feeling

reassured by recent promises not to crack down further on abortion. the voters are smart enough to figure this out if they want to. >> yes, they are not voting single issue. that's what the harris campaign is hoping because abortion is for lack of a better term, their trump card and that's what they are playing to women but women are not dumb and they realize that their family comes first. that means the family economy comes first and that's what they will vote on primarily. if they have a choice, there is a split trump household. melania trump has been vocal about her support for a woman's right to choose an abortion of the her husband feels differently but they have certainly moderated their messaging and softened it and come out trump-vance talking about federally funded ivf treatments and divorcing those issues from each other and coming out pro-family. these polls are all weird

because we're hearing about the internal polls from both campaigns and they are both popping corks and that is the shark that's lurking beneath the surface. i wish we had access to that data. everything else is weird like registered voters favor kamala. likely voters favor trump nationally. >> bill: joe rogan won't have the interview with kamala harris and explained why and said she made too many demands. >> you could look at this and say you're being a diva. she had an opportunity to come here when she was in texas. i gave them an open invitation. i said any time. if she is done at 10:00, i'll do it at 9:00 a.m., midnight. if she is up and wants to drink a red bull. >> bill: harris said i will give you one hour and you have to come to me. >> i don't think it -- they made

a calculated decision the joe rogan listener base wasn't worth it to them to go out of their way to do this. she has a jam-packed schedule. it was important for trump and vance to go. they are relying on those kinds of voters. it is interesting about people being smart enough to split on this. last night trump with this quote i'll do things to women whether they like it or not. >> that was taken out of context. he was talking about crime and illegal immigration. >> nikki haley came on with bret baier and said this messaging is not good for women. it will not stand and i hadn't realized that he hadn't contacted her since june. >> bill: that's a different point. >> there is a female on the trump side not getting the same level of attention as going after kamala for losing the male vote on this. >> bill: he was talking about crime and illegal immigration.

>> she is ignoring the independent listeners of joe rogan. those are the kind of voters she needs to target right now and writing them off is bad form. i feel like both campaigns are guilty of it and one of them is going to pay with the presidency and that will be the subject of the postmortem. >> bill: we'll find out tuesday. thank you jessica and kennedy, all right. this now. >> has no character. just the other day he spoke at this rally he said puerto rico a floating island of garbage. the only garbage i see out there is his supporters. >> dana: south carolina senator tim scott will weigh in on this. the dodgers had the world series win. kennedy, look at that. >> bill: we're going to lala

land. ♪

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>> bill: wild night los angeles following a victory in the bronx in new york city. fans celebrating across l.a. after the dodgers win the world series. police had to step in. some looting and violence, hostile crowd setting a city bus on fire. others hit officers with rocks and fireworks. >> dana: why? >> bill: the looters were breaking into stores and boxes and bags of merchandise were car eft away. when have we seen that before? police making several arrests and cleared away the crowd. don't know when the parade will be in los angeles but we'll let you know some day soon. >> dana: lock your doors.

>> rhetoric from the democrats going to backfire? >> i think the democrats have done a very poor job. i think this is worse than deplorables. for joe biden to make that statement. >> dana: the after shocks from president biden's remark calling trump supporters garbageed being felt down ballot. they're fighting for political survival. tim scott from south carolina. i know you would like to add more republicans to your colleagues' list in the senate. >> absolutely. >> dana: we have wisconsin senator tammy baldwin. she does not agree with president biden. let's go to montana. john tester doesn't agree with those comments. ohio, guess what, brown doesn't agree with that and fights for all of them. rosen in nevada strongly

disagrees. this comment by biden seemed to have packed a punch. >> there is no doubt president biden's comments about half of the country being garbage has been a motivating factor to see the kind of turnout we wanted to see as republicans. what they say says more about who they are than it does about who we are. the good news is in every single battleground state we can win if our voters show up at the polls, vote early, vote often, get the job done and we'll have a strong majority in the senate and control the house and donald trump gets four more years. all of that equals great news for our economy, foreign policy and closing the border, excellent news for everyday voters. i'm excited where we are. >> dana: i read this phrase today that democrats are feeling nauseously optimistic meaning that they are looking at the

numbers and stomachs are queasey. i'm curious. you have a sunny disposition and positive outlook. is there an issue you are concerned about that you would highlight? >> apathy is the biggest issue i'm concerned about. let us not get too excited about the numbers. they are heading our direction. we can feel the momentum. president trump is having a great time driving a garbage truck but we need to drive our voters to the polls and make sure every single republican, independent who wants to vote for their future under republican control, we need to get them to the polls. the polls have -- we have to have it. we have to get it done right now and dana the number one issue now we don't need to relax. we all remember 2022 when it should have been a lay-up and we didn't score. >> dana: what happened there? >> let's get this done.

2022 democrats did a better job mobilizing their voters in the last 72 hours. what i've seen this time around is the strongest ground game i've ever seen republicans run across the country. that is great news because the mobilization is necessary and we have the motivation to keep turning out our voters. an example. i was in ohio with bernie moreno yesterday. early voters were behind by about 20% they say. right now we are leading in the early voters. they say we'll lose the mail-in ballots. for the first time in forever they say we're leading in early votes. that means that our turnout machine didn't wait until the last minute. we've been working on the new ways to vote for the last several months and it is creating dividends for our party and hopefully a better future for americans. >> dana: tim scott. great to have you on the show today and i'm sure if the

republicans take back the majority you will likely be the banking committee chairman. big job. great to have you on the show and we'll stay in touch. >> bill: that would be a promotion. key inflation number is out now only days before the election. what it tells voters about rising prices as they consider the best candidate to get inflation under control.

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state polling says about the race at this point five days out. congressman mike mccaul, steve hilton, jason rantz, "the faulkner focus" top of the hour. >> bill: robert downey jr. threatening to spill hollywood. here we go. the oscar winning telling executives to stay away from artificial intelligence technology. stay away from a.i. warning if any of his likeness is being used on screen he will sue and take legal action even after he dies. especially relating to his roles in the marvel universe. >> i'm not worried about them hijacking my character's soul. there are three or four guys and gals who make all the decisions there anyway. they would never do that to me with or without me. i intend to sue all future executives. >> bill: maybe with a.i. you can actually do that.

we'll see. >> dana: he is not wrong to think about it. it is an unstoppable train and you see what's happening in the music industry. it is all out there. i don't blame them. >> bill: see how you do. >> dana: suing hollywood seems like a lot. economy is the top issue in the election. this morning's inflation report as voters' last indicator. fox business with more from the white house. >> this is the federal reserve's favorite inflation rate and down close to their 2% target, 2.1%. the problem is what the federal reserve calls the sticky inflation. the rate of core inflation without food and energy prices, that number is way too high. it went to 2.7 in july and has stayed there at that point not moving. that's with the sticky inflation and prices up 20% since president biden and vice president harris came into office the effect record credit

card debt and why i pushed economic advisor bernstein yesterday. >> you are talking about servicing credit debt. it is almost treading water for a lot of families servicing and pushing that debt along. >> as long as your income is rising relative to your debt, you can service that debt. so that's why the numbers i cited -- >> they aren't getting ahead. >> if you want to look at getting ahead. there are a couple of parts to this. you want -- you are right. you want to be able to service your debt while getting ahead. >> right now economically that's like taking four steps back and two steps forward. voters must decide if the two steps are far enough. president trump says his plan will leap the economy forward. >> they have taken your money, thrown open our borders to terrorists and deadly drugs and death. they are incompetent people. this tuesday is your chance to

stand up and declare you are not going to take it anymore. >> former president trump believes his swing through battleground states will be a good roi, return on investment. it is a razor thin raise you've been talking about it for the person who wants to be at this house behind me next. >> dana: there again, roi. twice in an hour. >> bill: not to be confused with rbi. >> dana: check this out. a group of friends going on a halloween thrill ride. [screaming] >> dana: that's a lot of screaming. sorry about that. they went on a rollercoaster and they won a costume contest. >> bill: well done. what i thought was great, i thought the young folks from billings, montana who dressed up as "the five" was epic.

>> dana: i think i won one more thing because of the kids from billings, montana and thank you for that. that was my one more thing. i get credit for finding it. let's give credit to brendan is the the producer who found it. we're going to be here, "america's newsroom" is live on sunday 9:00 to 11:00 a.m. don't adjust your set. you will adjust your clocks. it is not monday when you see us on sunday at 9:00 a.m. and we'll do election preview and "the five" is also live that day. >> bill: tuesday night the big one starts at 6:00 eastern time with bret and martha. >> dana: how will i get from "the five" to special coverage at 6:00? >> bill: i think we can work it out called a.i. >> dana: okay. harris faulkner is up next. here she is. >> bill: see you tomorrow. >> harris: we begin with this fox news alert. another heavy da