of illegals and non-citizens that are there in virginia. thank you, glenn youngkin. but this is happening. we want to make sure that states purge their voter rolls every single year. something that every voter in every state should be pushing for in state legislatures. >> todd: it is a year that ends in an odd number. final pitch to the voters. 10 seconds. >> we have just a few days left. two more days of early voting in south carolina. i'm urging everyone constitution, liberty and freedom and prosperity are on the ballot. >> this is the most consequential election of our lifetime. you have two more days to vote early. we are begging everyone to get out there and vote werely because lines will be long on tuesday. nancy mace, org, chip in 5 bucks. knocking on doors every day and getting it out there. >> todd: thank the strong and intelligent nancy mace first woman to graduate from the citadel. thank you. >> thank you. >> todd: with that, fox and friends begins right now. happy weekend, carley.

>> carley: you too. ♪ ♪ >> ainsley: good morning to you. it's friday. it's 6:00 a.m. it is november 1st. and this is "fox & friends." we only have four more days until election day. and the harris campaign in clean-up move after her will billionaire surrogate mark cuban said. this. >> intelligent women, ever. it's just that simple. >> ainsley: there are a lot of women who disagree and some of them will join us. >> steve: awesome. >> brian: plus, harris looking for star power, enlisting the hem of jlo to rally latino voters. will it work? >> steve: speaking of will it work? will is at work. will cain is having breakfast with friends in battleground, georgia for over half the voters have already cast early ballots. good morning, will. >> lawrence: "fox & friends" begins right now and, remember, mornings are better with

friends. ♪ >> brian: look at that i wasn't sure until chris chulo slowly pulled out with his cam. are a. only four days left until election day. >> ainsley: harris campaign back in damage control this morning's cover of the "new york post" reads say it to their faces. >> steve: a message to mark cuban, the billionaire following these controversial remarks he made on "the view" yesterday about former president trump and who he surrounds himself with. >> donald trump, you never see him around strong, intelligent women, ever. it's just that simple. they are intimidating to him. he doesn't like to be challenged by them. and, you know, nikki haley will call him on his nonsense with reproductive rights and how he sees and treats and talks about women. he just can't have her around. it wouldn't work. >> steve: so, literally, the campaign went from the day before trash talk to talk about

gender. and there was back and forth. ultimately, mark cuban gave the trump campaign a gift and something they seized upon. >> ainsley: so many women that are helping him behind the scenes that support him. mark cuban realized that he tried to walk it back. this is part of his post on social media because it was petty long. he says, number one, i know many strong, intelligent women voting for trump, including in my extended family. i'm certainly not saying female voters are not smarstd, strong and intelligent. number two, i know he has worked with strong, intelligent women like elaine chao, kellyanne, ivanka and many others. >> brian: how about susie wiles. >> ainsley: susie did put something on social media? did you read that i will try to find it. >> brian: while do you that kellyanne conway is the first woman to run a successful presidential campaign. when he had a chance to revamp and made his move, made his move, he called on her. >> the thing about her, too,

when it comes to nikki haley, guess who hired nikki haley? this wasn't a reference to what he was saying about nikki haley and why they not campaigned. they campaigned against each over but they first worked together to the point where if you read nikki haley's book she says i have to report directly to you. and she ended up having a huge problem with the chief of staff kelly as well as mattis. they weren't listening toker had. ended up donald trump had to step in and say you come right to me with any issues because she was strong, willing to take on the marine general, four star general over and over again. i just think out of all the things about president trump, that you could say that you want to challenge him on, i don't think is he vulnerable here. >> lawrence: the huge problem also is that this happened on "the view." a show that's full of women and there was no pushback. is there only one acceptable voice that can be on "the view" or acceptable person is only the person that is anti-trump? you don't hear anything from liz cheney. we know this is not true.

he surrounds himself with people with different points of view and they duke it out. and that should be totally fine. but leading up to the election, it seems like the only woman voice that matters is the democrat woman. >> steve: i got it, susie wiles, who is co-campaign-manager for donald trump. >> ainsley: who works 24/7. she doesn't even take a break because she is trying to get him over the finish line. >> steve: what is extraordinary is she doesn't make public comments ever and she did one on x yesterday. she said mr. cuban she wrote on x needs help identifying the strong and intelligent women surrounding president trump. well, here we are. so, yesterday was all about back and forth with and there is some right there. about gender. >> brian: susie wiles in the green jacket. >> steve: exactly. kamala harris did attack donald trump yesterday claiming he would protect american women whether the women liked it or not. the campaign also pounced on the trump remark that r.f.k. jr. would work on women's health in the administration and the campaign, the harris campaign

amplified both saying both of those things would be bad for women. >> lawrence: he was talking about safety. that made it seem like it was about a reproductive thing when it came to abortion. where the women supported, you know, protections such as being pro-life or not. the comments had nothing to do with that. they know it. but they made it seem like instead it was about safety. >> ainsley: donald trump, his team is going to be in georgia. the women, they are calling this the women's tour. they are going to start in atlanta over the weekend. they are doing that tomorrow. it's featuring lara trump, governor kristi noem, governor sarah huckabee sanders, tulsi gabbard, danica patrick, sage steel, karoline leavitt. karoline leavitt was on "fox & friends first" earlier and she was talking about this. first the democrats said gods and gun, that was obama. then they said basket of deplorables. then they called republicans smelly walmart shoppers and

calling republicans garbage. women surrounding trump are dumb and weak. the they are not strong and intelligent he says. >> steve: mark cuban was talking about nikki haley. there was a story in politico nikki haley remains on standby. if trump needs her to stand up and do something in the final hours she is on board. she says there is no bad blood she wants him to win. he has not picked up the phone yet. apparently they haven't spoken since june. but she is ready to help him. >> brian: she was with dave mccormick yesterday, two days ago. one of the things she said is dave can't win without donald trump and donald trump needs dave mccormick he goes so whatever you think about donald trump, his policies are right. there's a lot of noise. his policies are right. vote for trump and then you will bring dave across the finish line. he was on with brett yesterday. couple things mark cuban as a surrogate is really strong her. i watched the one-on-one interview when they talked for 15 minutes. this airs on his own podcast.

he led harris, you think this and think that he made more sense than harris has made the entire time including her few months as a candidate and a few months and three and a half years as a vice president. there is two things he said that have hurt her. number one, they asked why the border wide open? well, because i think biden and harris have a big heart. terrible. i mean, that's terrible. >> steve: just not practical. >> brian: when he came out here not sure what he was trying to say a schism between nikki haley and donald trump. that's what he did. and this is another time. now, think about this. the surrogate, joe biden, and the surrogate mark co cuban have put the harris campaign on their heels for two straight days and given fuel to donald trump. while the comedian, who never even met donald trump as far as we know, they tried to destroy him. so in the same day they got comedian reflects what donald trump thinks. that lasted a few hours. they go wait a second.

now out comes joe biden with his statement of saying all -- donald trump voters are trash. you can't say on one side of your mouth the comedian speaks for trump and other side of your mouth say president doesn't speak for the vice president. >> lawrence: obamaboros used to run the press shop to. they said please, just stay on message. stop going out there doing your own thing. the problem is, the campaign first doesn't have a message. all anti-trump. and then, number two, the message is going on the attack. it's been so negative. the joy has been gone away. and so i think mark could you cs actually trying to be helpful. he did more damage in the process of doing that. >> brian: it seems to me, lawrence, there is no coaching of the surrogates. >> no. how about a conference call or zoom call and facetime or other different app.s can you use. guys, 8:00 in the morning. this is what is going to be our

message today. bill clinton -- just to paraphrase, i want you to vote for harris just because donald trump's economy was better doesn't mean you can't vote for harris. thanks, bill. appreciate it. >> lawrence: lay up. >> brian: keep up the good work. >> steve: ultimately, as thee new campaign bombs are dropped in the final hours, the question is does it matter? because, down in georgia where will is, about half the people have already voted. and he is there with a bunch of women as well. >> [cheers and applause] >> steve: who are wanting to talk about what we were just talking about. [cheers and applause] >> yeah, steve. by the way, welcome to joe and sam's in watkinsville, georgia. huge turnout as you can see. [cheers] >> will: they were lined up before i got here. it's interesting. i don't know which one of you on the couch said something about coaching and surrogates. my question isn't so much if it's a lack of discipline or revealing of true feelings about the people who they think disagree with them. so, that's what we were talking about. lawrence, you said there is no joy. that's interesting you said that. because that just came up.

i was talking to kerri and her daughter ellery which is my wife's name as well. you were talking about how he wears a safety vest. insult and turns it into something. >> absolutely. he takes this when we were on the way up here and talking about it one man's trash is another man's treasure, you know. how he took what could have been, you know, or was trying to be very negative and made it into such positive thing. and it inspires us and we get together and the more they try to beat him down the more it kind of raises us up. >> will: ellery, was this your idea or your mom's? >> she came up with wearing our knee on vests here. but i wanted to b bee dazzle thm a little bit. >> will: how fun was it when climbinged into the garbage truck. one campaign selling itself at

joy and the other having a good time. mark cuban's comments trump doesn't like to have smart, independent women around him. >> i don't know but i ski a lot of smart independent women here. the thing that bothers me about that commented as a # 1-year teacher is the fact that he is now making comments about the girls that i taught the women in this country that are actually getting involved and wanting to be aware. he is calling them, you know, garbage or stupid that's not okay. >> will: biden calls the entire electorate that doesn't agree with him garbage. cuban says he doesn't have strong women around him. i give him kayleigh mcenany. i give him sarah huckabee sanders. omar coney barrett justice of the united states. in georgia people have already cast their vote. over the 3.2 million in 2020.

over to denise, you have lived here almost your entire life but you are telling me this is the first year have you voted. >> will: why is that. >> this is actually the first year i ever voted. i told my husband i needed to go vote because this year is very important things are not good i always thought georgia being red there wasn't any reasonable for me to vote. >> will: you thought it would stay republican, stay red. >> there wouldn't be any reason. this vote this year is very important. >> will: right. you saw what happened in 2020 and motivated her to come vote. so now we have emmy by the way this is your first time to vote, too? >> yes, sir. >> will: is it your first time you are capable of voting? >> yes, sir. >> will: you are like 18, 19. >> >> yes, sir. >> will: which way are you going to voted, emmy if you don't mind sharing with the entire united states of america? >> donald trump. [cheers]

>> will: why is that? >> not only now does it come down to like just his political views that i do stand with but also protecting our faith and the people around us for like generations to come. i think this vote is very important. >> will: all right. there you go. we will be here all morning long joe and sam's. as you can see a ton of people. we will be talking to you will of a them throughout the morning. [cheers and applause] >> will: for now back to you in new york. >> steve: that looks like a lot of fun. >> ainsley: in the south manners, yes, sir, yes, sir. she said that to you a few times. >> lawrence: talk to brian kilmeade about these manners. >> brian: i'm very respectful. i have trouble -- if you see an adult you knew as a kid do you call them by first name ever? no. >> steve: now would not, mr. kilmeade. >> ainsley: 13 minutes after the top of the hour. this morning we have live team coverage on the campaign trail. we have senior white house correspondent peter doocy. he is in las vegas as democrats are trying to clean up that

other mess when biden called trump supporters garbage. >> lawrence: first, alexis mcadams is live in warren, michigan where trump is set to hold a rally later today. >> yes, sir. we are in warren, michigan here where we are waiting to see the former president coming later this afternoon. we already saw a few cars if you can believe it. it's like 6:00 in the morning. they were here already waiting for the parking lot to open here behind us where is he going to speak in just a matter of hours. this all comes as he has been zoning in and zeroing in on exactly what happened with that garbage truck. it's pretty much gone viral. you think about how much all these candidates and campaigns spend on campaign ads. this didn't cost much to rent a garbage truck. fox news did catch up with the man who was in that garbage truck who said trump looked at him and said hey, can i go for a ride in that? watch. >> our secretary got a phone call and then she came into my office saying there is someone on the phone they want a garbage truck down in green bay. can you do something?

didn't really believe it at first until i picked up the phone and talked to the guy myself. and then i guess after a little conversation, he knew somebody that i knew within the industry down in the area. i went on to our lot, found a nice looking garbage truck and hopped in it and started heading down to green bay. >> that's a good midwest accent there. former president trump is riding in that garbage truck at his rally in green bay, wisconsin. it went viral. this comes after president joe biden suggested that trump supporters were garbage. a comment he has tried to clean up but trump has really seized on. former president trump is out west this week as well. he was campaigning in new mexico and in the key swing state of nevada, okay? holding a rally in henderson where he slammed harris for her economic plans. >> if kamala is reelected, new mexico's economy will be reduced to rubble. you are not going to be drilling oil. there is no more drilling and no more oil. you can forget it. >> harris also holding rallies

in reno and vegas. she made a stop in michigan, too. she was actually where i am right now in warren, michigan on monday, which is a suburb of detroit. she was visiting a union training facility. back out here live, once again that rally doesn't start for quite a few hours. we expect the former president to zone in on manufacturing and also the blue collar vote across michigan. those polls we just released yesterday by fox news shows exactly how close this is tied neck and neck. we don't have many days left. we will send it back to you. >> steve: got four left. all right. thank you very much, ma'am. >> brian: the president little unor author dox going to mexico. the president says i'm going to try to expand the map. 16 minutes after the hour. now senior white house correspondent peter doocy is in las vegas. peter? >> peter: good morning, and we have a story about white house stenographers first time this whole cycle. white house stenographers come with the house. they are not political. some of them have been there

since trump and will be there after biden. they are now as mad as you will ever hear a stenographer on the record that white house officials working for president biden tried to change the meaning of their transcript. so it sounded like the president on that zoom latino was just criticizing a comedian instead of all trump supporters. enough to we have a supervisor from the stenographer's office saying our stenographer transcript included national archives is now different than the version edited and released to the public by press office staff. and amy sands, the director of that department continued: please avoid sharing rushed drafts and excerpts which are subject to review and might create confusion among staff, media and public while our stenography office completes a thorough review process. the white house is not explaining what exactly what happened here. just to say the president confirmed in his tweet on tuesday evening that he was

addressing the hateful rhetoric from the comedian at trump's madison square garden rally. that was reflected in the transcript. and they are getting some help keeping msg top of mind from jlo. >> at madison square garden, he reminded us who he really is and how he really feels. it wasn't just puerto ricans who were offended that day. it was every latino in this country. humanity and everyone of decent character. >> peter: the harris campaign keeps losing control of news cycles because of this garbage comment and the clean-up and white house staff apparently trying to change the meaning of somebody who has watched the clip could hear with their own ears. it looks like it's becoming a classic d.c. case of the cover-up being worse than the crime. and the crime was pretty

politically bad. back to you. >> brian: peter, just to underline you do think this is as angry as the stenographers have been ever in the white house? would you back that up? do you have a second source? >> peter: foxconn firms the stenographers never hear them say anything. they are always just sitting like two feet away from the president with a long microphone and recorder and now they are going on the record and also, the stenographer's office apparently has a leak. >> brian: when stenographers go. >> ainsley: we are picturing the grandmother angrier. >> brian: all in a line. >> peter: probably all in a line. there is a stenographer next to the stenographer with a mic to make sure they got it right. check their notes. >> this is a serious issue. >> steve: it is. >> peter: we have seen when it comes to the white house staff giving stuff to the national archives, they want to have everything and it has to be exactly right. the stenographers are there for

a reason. so the political appointees cannot come in and just try to change the historical record and that is what they are very gently but accusing the white house of doing. >> steve: peter, in is an exclusive. >> peter: everybody heard the clip. >> steve: did you. you went to las vegas to tell us about the stenographer whistleblower case. this is really big. >> brian: very typical. >> peter: it's big. it's big. >> steve: it's big. >> ainsley: thank you so much. hand it over to carley who has the headlines. >> carley: stenographers and courtroom sketch artists they don't get enough attention. >> brian: on this show they do. >> carley: from this day forward they will get their due attention. >> ainsley: add that to the record. >> carley: please do. a shooting in downtown orlando leavitwo people dead and six moe hurt. a 17-year-old suspect is in

custody and previously arrested for grand theft last year. they do not believe there are any other suspects at this time. happening today, the illegal migrant accused of killing georgia nursing student laken riley on the university of georgia campus is expected in court. in today's pre-trial hearing. the defense is hoping to convince the judge to throw out certain evidence ahead of the jury trial, including the suspect's cell phone data. the testimony from a witness who performed d.n.a. testing on riley's autopsy jose ibarra faces a 10-count indictment including malice murder. jury selection starts on november 13th. elon musk's mom is speaking out on her son's ability as executive and addressing critic's concerns that elon won't be able to cut government spending if president trump makes it back to the white house. >> i think more than 2 trillion, i think he was just being modest. look what he has done twitter to

x. it's incredible. and of course tesla was idiotic to do. we heard it's idiotic. spacex was idiotic. and how is he doing now? i have set in on a full-day meeting with him at spacex. the engineers come in a different group every hour and they saying what's happening and what they -- the ideas they have and they listen to elon's ideas and they are all so excited because they have a ceo who will listen to them or give them permission to make a change. same with tesla. >> carley: she feels at home after switching from the democratic party to the republican party. those your headlines, guys. >> brian: what a great guest. >> brian: here is my sketch while you were talking. there you go. sketch artists are going respect on this show. lawrence lawrence who is that supposed to be.

>> brian: carley. >> lawrence: this is not carley. >> carley: i saw you looking. what is behind me? >> brian: i was taking down. this is my interpretation. >> carley: made me nervous. you are not an artist. [laughter] i appreciate it. >> brian: i didn't have enough time. >> carley: can i hang out in my office. >> carley: i will need a sign. >> ainsley: were you very uncomfortable? trying to read the headlines and you are staring at her the whole time. >> brian: the problem is those were my notes. >> ainsley: thank you, carley. you heard from female voters in georgia with will. what does one of the strong intelligent women in trump's own white house think of mark cuban's insult? >> mark cuban, did you know that we had more women on senior staff, working moms than any other white house in the history of this country? for a party that can't even define what a woman is, shame on you. ♪

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>> brian: fox news alert. opening statements in daniel penny's trial will begin. chanley painter has a preview. >> we are expecting the prosecution and the defense to paint very different pictures of what happened on that new york subway in 2023, once opening statements get underway later this morning. prosecutors are expected to say daniel penny used excessive

force against jordan neely, a subway performer, they say. struggled with homelessness and mental illness. court documents say neeley was shouting and acting erratically when penny, a former marine, pinned him to the ground and held him in a chokehold for several minutes. penny's defense is expected to tell the jury the 26-year-old acted out of concern for others' safety. it will be up to a jury of seven women and five men to decide what happened. the 12, along with four alternates were selected after 8 days of questioning where many said they ride the subway and have witnessed outbursts on trains on the eve of the trial the judge handed down a key ruling that will now allow prosecutors to reveal to the jury that neeley was unarmed at the time of the incident. the defense tried to keep that out. and this trial is expected to last six weeks. penny could face up to 19 years if convicted. ainsley? >> ainsley: all right. thank you so much, chanley. harris campaign surrogate mark cuban dishing out this insult. >> donald trump, you never see

him around strong, intelligent women. ever. it's just that simple. they are intimidating to him. he doesn't like to be challenged by them. >> ainsley: well now prominent republican women like our next guests are putting mark cuban in his place. former desk policy director under president trump and founder and ceo of america first policy institute. brook rollings joins you now. good morning to you, brook. >> good morning, ainsley. >> ainsley: were you offended when you first heard the original commented? >> i just want to thank mark cuban, ainsley. here's the thing. i have been trying for years to tell people what an amazing boss donald trump was. how we had more women in our senior team than any other white house, republican or democrat in the history of the country. >> ainsley: that's amazing. >> that he elevated and honored and respected women on his team, unlike anyone i have ever worked with or before, before or since. mark cuban opened the door.

and we just drove the garbage truck right through. let's wake up, america. and not let the left define us the way that they have been trying to. it's crazy. >> ainsley: what was your reaction when he realized that he had really made a mistake and put on social media in part i know he has worked with strong women like elaine chao, ivanka, kellyanne and others. >> i thought it was too little too late. when you think about what is he representing the surrogate the surrogates that he is for that set of beliefs on his side of the aisle. boys playing in girls sports. putting tampons in six grade boys bathrooms. having drag shows and transgender awareness hours for elementary school. what they stand for and what they believe is not where america is today so when he came out, they are in full panic mode, i think, on the other side.

i think from calling our side nazis to garbage to now calling women dumb and unintelligent and weak around donald trump almost is the last straw for 100 million women in this country. >> ainsley: trump's campaign wants kamala harris to, quote: immediately condemn cuban's remarks. do you think she will do that or should she? >> well, she should if she were running a good sort of, you know, effective campaign which i think is a huge question mark right now if i were i should. we america votes on tuesday we have a record number of men and women who have already voted. those going to the polls on tuesday in my home state of texas. those who are voting today. they know what they're voting for it. is a binary choice. are you better off today than you were four years ago? do you want someone in the white house who will protect and honor and serve and make this country safer and stronger and more prosperous again?

or do you want someone who after four years has the worst record arguably in history on the economy, on the border, on foreign wars and i think we know where we are. it's a great point where we are in this country and what mark cuban said yesterday puts exclamation point on august of it. >> ainsley: brooke, thank you for being with thus morning. >> you as well. great to be on with you. >> ainsley: you as well. have a good weekend. over half of georgia voters have already cast their ballot. over half: will is bringing us the feeling on the ground in the speech state and he has some breakfast. ♪ let those tailgates down [cheers] ♪ ♪ it's a small town throw down ♪

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sunday so don't forget to set your clocks back an hour. >> set your clocks forward all back. absolutely my friend. especially since we are working on sunday you and me and everybody. let's take a look at it. we have the risk for severe storage this weekend as millions of folks are going to be heading to the polls for early voting and, of course, we will be talking about election voting on tuesday. but the severe risk will expand from texas all the way up towards the midwest and the mississippi valley as we get into monday. so here's your election day tuesday forecast. if you are voting on tuesday, or planning to do so. we do have widespread snow in the mountains across the northwest and the rockies. and then a front that could bring the potential for stronger storms on tuesday. definitely as we head into the weekend something to watch for. the tropics still active. several areas to watch here. most importantly the one that we think moves into the gulf of mexico develops in the bay of

campeche over the next few days. this is also something we will also have to monitor. fox weather.com for all of your election forecast details. lawrence, over to you. >> lawrence: i love that emphasis on election. >> janice: election. >> lawrence: thanks, janice. more than 6.3 million voters in the swing state of georgia have already cast their ballot in the county. 60% of the voters have voted early. that's where we find will cain this morning. what's up, brother. [cheers and applause] >> will: hey, what's up, lawrence? now that you say that, you know, how am i going to do this segment? let's just do this right now. you saw how many people have already early voted in georgia. let me just ask everybody if you have early voted would you raise your hand? [cheers] >> will: i mean, is that 100 percent? wait, because if you haven't yet voted but you plan to do it on election day, will you raise your hand? i just want to see. look at the difference. look at the difference, lawrence on how many people have already

banked their vote. let me introduce you to payton. peyton already voted and it will be her first time voting. so you just turned 18 three months ago. why was it so important for you to vote for you when you turned 18. >> it's important to me because as women have fought for the right to vote for so long. as a young woman people expect to you vote for kamala harris because you are a woman. i just looked at myself and the value of this country and how it's been over the past administration, and i do not think our country can maintain four more years of this. and i look back to how it was under the trump administration, and that's how it should be. if you look at yourself now and ask yourself, is your life better and are you in a better stance the past four years than you were the four years under trump? i don't think anybody can answer yes to that question. [cheers and applause] >> will: i take it you voted for donald trump. let's do this. mark cuban said that donald trump doesn't like strong, independent smart women around him. he doesn't like to be challenged. i'm going to ask people can you

think of anybody who works around or for or is around donald trump in his life how would describe as strong or independent really quick? who is one? >> alina habba, i love her. alina habba. any others? >> kellyanne. >> kellyanne conway. >> will: i don't know if it gets any stronger than kellyanne conway. by the way, tate, also first time voter turned 18. >> yes, sir. >> are you excited? >> yes, sir i want my little sister to be safe and i want the deport all the illegals back and make the country better again. >> will: there we go. there you have it. first time voters. i think we can rattle off. hey, mark cuban i think people can rattle off smart, strong independent women around donald trump. i think lawrence as you have seen, everybody has already banked their vote. by the way there is another one. our first lady, melania trump. there is another one. ivanka. they are still ratling off

names. >> lawrence: that first young lady. >> tulsi gabbard. >> will: wait, wait what did you say? >> sarah huckabee sanders, we love her. >> will: they keep coming up with names, lawrence. >> lawrence: we can keep doing this all day, will. thanks, brother. so the ballot battle, the legal challenge is already starting in key swing states. we're going to discuss it, next. ♪ i'm in a hurry to get things done ♪ i rush and rush until life's no fun ♪ all i really gotta do is live and die ♪ but i'm in a hurry and don'twi know whyth ♪ ess, and swelling where injected, muscle pain, tiredness, headache, shivering, fever, and upset stomach.

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♪ >> steve: well, today, president biden back out on the trail. heading to philadelphia to make a pitch to unions. but his outreach in battleground, pennsylvania is not considered an official campaign visit. oh, boy. meanwhile, early voting in bucks county, pennsylvania remains open until the close of business today, after the trump campaign filed a lawsuit. bryan llenas is live in doylestown, pennsylvania to bring us up to date on this friday. hey, bryan. >> bryan: hey, steve, good morning. in pennsylvania you have until 8:00 p.m. on election night to turn in your mail in ballot. here in bucks county voters have until 5:00 p.m. to take part in what is called on demand mail-in

voting. apply, fill out and turn in your mail-in ballot all in one visit. this in person mail voting ended tuesday across the commonwealth. it was extended here in bucks county after republicans sued following complaints that voters were being turned away earlier than the posted hours. democratic governor josh shapiro last night down played the concerns. >> our system is run by republican and democratic clerks of elections in our 67 counties. it's overseen by my secretary of state. bret, who is a republican. we will, again, have a free and fair safe and secure election. >> we spent time with new york congresswoman elise stefanik as she door-knocked for trump right here in philadelphia suburbs targeting jewish voters. >> do you believe that the jewish vote could be the difference maker in pennsylvania? >> it is going to be. i think not only in pennsylvania, but also in some

key congressional districts. we were talking about new york state. if you look that significant shift among the electorate, they see the lack of support from today's democrat party and kamala harris' failure to stand by israel. >> president biden is visiting philadelphia today to talk about how he saved pensions for union workers. he will notably be alone. the last time he campaigned alongside vp harris was two months ago. steve? >> steve: look at that all right, bryan, thank you very much with just four days in the election, voter related cases across the country being brought before judges. right now awaiting a crucial ruling from the supreme court on the provisional ballot counting in pennsylvania. here to explain is former u.s. attorney for the southern district of new york and fox news contributor andy mccarthy. hey, andy, good morning. >> steve, how are you? >> steve: in september there was a special election around philly. as it turns out some of the ballots that were returned were

not done directly. and so this fight that's going on right now is looking to make sure the republicans want to make sure that the democrats follow all the rules, particularly about deadlines for provisional ballots. >> yeah, that's exactly right. they want to make sure the rules don't get changed at the last minute. i think the wisdom in this is that if you want to get courts involved in these election litigation, it's everywhere easier to get them involved preelection when the issue on the table is what are the rules that we're going to operate by? if this thing, steve, if it goes over -- after election day and it becomes post election, then you are kind of asking the court to get involved in who won, which is like the last place the courts want to be. so that's the reason we have this plethora of cases, including the one in pennsylvania. >> steve: exactly. at issue was essentially the other court that ruled on it, the commonwealth court said,

essentially, that if somebody did put the wrong date on, that should not be thrown out. it was unconstitutional. so now the supreme court is going to get involved. i want to ask you real briefly about elon musk has been having that million dollars give away where, you know what, you sign his petition for free speech and stuff like that. this also, in front of a court, but now the judge has said, do you know what? i'm not going to rule. we're going to let the supreme court rule on it and, andy, that's not going to happen any time before the election. >> no, of course it's not. but i have to say i admire this because it's kind of clever. they are calling it a voting initiative but it's really not. all he is requiring is the people are registered to vote. so there is no requirement to be in the contest that you vote. and, otherwise, it's a promotion, a constitutional liberties. so i think elon has the lawyers tied up in knots and the courts tied up in knots. he really hasn't done something that technically is a voting

sort of contest. and, therefore, i think they don't feel like they can put a glove on him right now. >> steve: well, and he has got the money. he can hire a bunch of lawyers. andy, ultimately though it's better -- and we see cases all across the country. it's better that we talk about them now. >> yes. >> steve: sunshine. let's take a look at the problems now before the final vote on tuesday that way people can feel confident whatever the number is that's the number. >> right. that's exactly right. you know, look. august the noise now is appropriate. it's a very fraught time. but our history is that the number of things that actually go wrong is small compared to the margins of victory. so, hopefully when we get past tuesday, all this noise will just kind of evaporate and won't be all that important. >> steve: right. the other thing is because every state gets to figure out how they do their counting, for the balloting and stuff like that. it's a patchwork.

every state has got different rules and that's why it's a little confusing. >> yeah. i think that's right. the thick is we want to make sure we know what the rules are. you know, you don't want them changing the rules in the seventh inning. so, everybody needs to have their eyes open about exactly what is allowed and importantly who is allowed to make the rules and who is not allowed to change them at the last minute. and if we have that set and it's a fair fight, then i think, you know, people should feel good about that. >> steve: all right. let's see what happens. andy, thanks for getting up early and doing the lawyer thing. thank you, sir. all right, governor brian kemp, the great state of georgia, is joining will cain live at our battleground diner. ♪

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