we're getting ready for event number three. trump coming out at 3:00 in the morning, you got kamala harris coming out yesterday afternoon when we were on at 4:00 and then president biden will come out any moment now. >> dana: so he will give these remarks today at 11:00 a.m. harris faulkner will take you through that and we'll give you to her next. see you tomorrow. >> harris: we begin with this fox news alert. at any moment president biden will address the nation for the first time since the president-elect donald trump had his victory. it was a massive blow to the democratic party. democrats lost the white house, control of the u.s. senate, and they could still fail to win back the majority of the house. some of those races are still too close to call. i'm harris faulkner and you are in "the faulkner focus." after vice president kamala

harris's loss addressed the nation and joe biden said kamala was the first decision i made. the best decision i made. they will continue the fight with purpose, determination and joy. vice president kamala harris then delivered her concession speech. >> in our nation, we owe loyalty not to a president or a party, but to the constitution of the united states. [cheers and applause] while i concede this election, i do not concede the fight that he fueled this campaign. [cheers and applause] >> harris: while the nation got to take that in, some other things were put into motion after. the current president biden called president-elect trump yesterday to congratulate him and he invited trump to the white house to insure a smooth transition. trump's team said they look

forward to that meeting. this is a big moment for a sitting president who watched the dismantling of his own campaign to put his vice president in his place atop the democratic ticket to the white house. i want to bring in some of our members of our election night family for this very important moment. john roberts, america reports anchor, shannon bream, kellyanne conway and joining me by phone martha maccallum. anchor of the story. to put in context you and bret were leading our coverage tuesday night. put into context this moment for joe biden what you think he needs to accomplish and what we might hear. >> good morning, harris, great to be with you. this is a huge moment for someone who has spent his entire life in politics. he ran for president three times. finally achieving that four years ago and now the legacy that he had hoped would continue

with his vice president in office is not to be. that is sort of the headline here but the undercurrents that we're hearing is a lot of friction between the harris and biden camps. i also thought it was very interesting that right after joe biden announced that he was dropping out on july 27th on a sunday afternoon, the very next thing he posted was that he wanted kamala harris as vice president to be the person who took his place on that democratic ticket. and that cut off the conversation about a mini primary. i will always wonder and hopefully we'll learn this through reporting that we'll now start to spill out in a much more wholesome way. he wanted to make sure nobody else could have their thumbprint on whoever was picked to take over. he said this is my vice president, my pick, even though there was always friction

between the two camps even in the white house between the harris and biden camps. and i also wonder if this -- there is some sort of underlying satisfaction for joe biden that this might prove that the only person that could beat trump was him. he is the only person who did it in three runs for donald trump. >> harris: that would be the fact. i don't know what her pushback would be on that or anybody on her behalf. speaking of her behalf, i want to get into this, john roberts. david plouffe who became a big name with barack obama because he was so important in terms of him getting into the white house and doing some of the things that obama wanted to do first. david plouffe was the guy that everybody in the media got to know because he was the first call. what is happening today? can you compare that kind of access to what we were even getting with kamala harris's campaign? >> well plouffe is a very smart

guy and ran a terrific campaign for barack obama and he knows how to butter the bread as it were with the media and get the message out. the obama campaign now did run for a while longer than the harris campaign did. obama was very transparent and detailed policy proposals. made himself available to talk about it. there are two things going on today, harris, to watch for. and one is does biden push back at all on the notion that he is the scapegoat for this campaign? what we're hearing more and more from democrats he stayed in the race too long. he should have gotten out before the primaries to allow robust process to take place. will he push back against that? the other thing is are democrats going to change their message going forward? donald trump was all about donald trump and his policies and what he had done in the past and what he wanted to do for the future. kamala harris's campaign was about how bad a person donald trump was and why would you ever want him running the country? almost 73 million people have

said wait a second, he is the guy i want running the country. why would you run him down like that? there was a fundamental flaw in the democratic and kamala harris campaign rather than touting her policies, rather than explaining in detail as plouffe would do what she would do as president. it was all about this is how bad the other guy is even if you don't like my policies, and even if you don't know much about them we can't allow him to become president and the nation completely rejected that. >> harris: i want to remind anybody tuning in to "the faulkner focus" what we are waiting for. we have learned this morning that president biden will address the nation from the rose garden. so when that happens live, we'll bring it to you. this is an incredibly important moment because for all the things that martha and now john have said, you know, we're just kind of wrapping our arms around. what are the forensics after a close going to look like and what do you do with a man who

won being president and the woman who didn't both still in office together until january as president and vice president? shannon, you are in d.c. your thoughts. >> i have think, too, you have to look at who is the leader of the democrat party moving forward? where do they go? there was a real turnover of leadership in the house when we saw former speaker and steny hoyer and others hand the bat onto the next generation in the house acknowledging they needed to look to the next generation. at the top of the party where do they go? president biden is clearly leaving his time a long legacy as martha talked about. vice president harris doesn't seem to have what it takes to lead this party. the last couple of weeks the very, very popular obamas, former president and first lady were on the trail doing their thing. they don't want to come back and lead the party or babysit the party. they are wildly popular. that is not the role they see for themselves going forward. i'll be interested to see if president biden talks about the future of his party and where

they go. to john's point about people pointing fingers, recrimination of sexism and misogyny and the fact president biden decided to run again. i didn't hear democrats a year ago saying he needs to not run, not good for the party. dean phillips stepped up to say it is a real problem if he runs again. now you have people coming out of the woodwork to say we knew it shouldn't have run. i don't know where they were a year ago. >> harris: you bring up good points about not just looking back but looking forward now. that is my big question. how does all of this come into play inside a white house which martha is giving us the back room dealings that are going on and have been apparently all throughout the presidency and vice presidency. that those two camps, one for harris, one for bidens as the nation's leaders were not getting along? we have a lot to get done before the end of the year and before

january. a couple of wars with huge implications for this country. kellyanne, i come to you in terms of that phone call that we know about with president biden to president-elect donald trump, any thoughts, kellyanne, on what that might tell us in terms of just the timing of it? everybody had to wait for kamala harris and it took her until 4:00 yesterday to do what she was going to do for both her supporters and the nation as a concession speech. >> my view is president biden can and will separate himself more from harris, who had her chance and blew it. this whole talk about gee, if only she had had more time. time was not on her side. she was running out the clock on the lead that wasn't real. she feasted on i'm not biden and not trump and it left open the obvious question, who are you? she couldn't answer that being answered by friendly media trying to get her elected.

noebld was going to push out the black women and have a competitive primary and people should admit that. they wanted to make a deal with biden long ago before he ran for re-election and wanted to say we'll give you the trifecta of life. number one you became president of the united states and ran for president three times. you got rid of donald trump. we will be so grateful to you forever. number three, you can be seen as the guy who stepped aside and graciously helped to elect this nation's first female president of color. they couldn't make that deal with biden because it was her. they new she didn't speak well, didn't work hard. lost 31 people in her office. she told everyone in the biden team you are all keeping your jobs. they're based in delaware, 500 of them. keeps all of them and layers them over a little bit with

obama people. a lot of bad blood there. i think she never really had control of this campaign in the narrative. she couldn't decide if she had really been a part of the biden administration, was she going to do new things. how does the party move party? it ceded itself to donald trump and the republicans as the part of working america and this is the election -- i know you appreciate this more than most. you say it all the time. the election where people stood up and said i'm done with you telling me who i am, what to believe, how to vote based on gender, race, age, socio- economic status and zip code. kamala harris carried women by 7 points, that's almost half of what hillary clinton won among women and she lost, too. so i think there will be a reckoning but not about a candidate, it is about policies. they aren't in touch with america. >> harris: and the people who are behind those policies. do some of those same people

stay engaged going forward. they can see bill hemmer has made it over from anchoring along with dana perino. bill is here and we made space on the boxes for you. can we jump off what kellyanne was talking about and do you leave the same people in place? kellyanne, i did not have the layering detail. if you put obama people on top of the people in delaware and those camps maybe weren't getting along to begin with, you get a caldron there. >> peter doocy said david plouffe erased his platform on x >> harris: his statement was a look at what happened with the race. didn't have anybody's name in it. >> bill: the one thing i would say about this moment here, what is the tone is what i'll be listening for. how gracious is he in defeat? i thought the read-out that

peter doocy gave us yesterday afternoon was important for america, frankly, that is that joe biden invited donald trump to come to the white house long before inauguration. that will happen. when we don't know. i would imagine it happens, you know, within the next days or weeks is my guess. peter didn't have an answer and maybe get a better idea coming up here. but i guess bear in mind joe biden is a couple of days away from saying donald trump and supporters are the kind of people you want to smack in the ass. i don't know what that was all about. caught on the zoom call saying his supporters are garbage. that was just within the last week. so i think the tone is very important. my expectation is that he will hit that correct tone coming up. >> harris: bill, it's interesting. it can get chippy going down the line, right? the person it hurt most in those moments was kamala harris. one of those moments, the garbage comment was on the heels of what was supposed to be her

huge closing argument at the ellipse and much of it about january 6th then being the focus because of the location and all of her words got stepped on by the garbage comments and we kind of go on from there. martha, i want to come back to you and talk a little bit what appears to be a blame game that preceded the election loss for kamala harris on tuesday night. here is some post election flavor from liberal media members and democrats. we'll listen and watch that first. >> i think this was a referendum of cultural resentment in this country. >> i'm not sure how much tim walz contributed to the ticket. >> let's be blunt about it. there were appeals to racism in this campaign and there is racial bias in this country and there is sexism in this country and anybody who thinks that did not in any way impact on the outcome of this race is wrong. >> harris: all right. i will come back to you, bill. martha maccallum is coming to set right now.

i caught her in the gap and i know the audience can see me looking in this direction because i also have guests in studio. just real quickly and again we're waiting for president biden to come forward. this idea that there wasn't maybe some cohesion behind the scenes and the comments made. i argued, i don't know if they cut donald trump the same way they cut kamala harris. they were such a distraction snooty late stretch. >> bill: kellyanne has great insight on this and shared it a moment ago. i think the story is just beginning. the comments from linda lee were quite telling. some of which you played there. they are going to throw some arrows at each other. some are suggesting that joe biden should have gotten out more than a year ago. i never thought that biden even entertained that possibility. i think one of the remarkable things about this campaign,

harris, is that biden went ahead and committed to a debate on the 15th of may and trump jumped on it. now we have this debate in the third week of june that forces him out of the race. had the results been much different on tuesday night, you would be sitting her today saying mr. trump, sir, that was the decision that cost you a second term. >> harris: the do the june 27th debate. >> kamala harris said thank you, we went for it. she was gracious yesterday. i did not hear the word congratulate. but my expectation come inauguration day in january both will be there on the west steps of the capitol. >> harris: that's a lot of time. you talk about getting ready for other big moments. we're awaiting one now. as you can see we have some of our fox family all-stars from election night with me on "the faulkner focus." we will come back in just a moment and take a quick commercial break and await the

white house now doors to open and for president biden to come out of that. he is running a few minutes late and we'll be here with it live when it starts. stay close. because i know so many of you have served our country honorably. one of the benefits that we as a country give you as a veteran is the eligibility for a va loan, for up to 100 percent of your home■s value. if you need cash for your family call newdayusa. with automatic authority from the va we can say yes when banks say no. give us a call. you've got a pepto predicament, ace. you overdid it on the loaded fries and now your gut is in the gutter. undo it with pepto fast melts. so you can keep on rolling. [bowling pins knocked down] when you overdo it, undo it with pepto bismol.

>> harris: we're awaiting president biden to give remarks for the first time since president-elect trump won. senior white house correspondent peter doocy is at the white house. i've been saying to the audience

and guests this hour how important this hour is. we waited so long yesterday to hear from the woman who lost the race tuesday night. >> you can see the marine has his hand on the door to the oval office. this might happen quickly even though we don't have a two-minute warning yet. it will be interesting to hear president biden, though. we know what he was doing on election day. he was watching tv with some long-time aides. we don't know how he was doing. we have seen some reporting over the last few days over the last 36 hours from people close to biden in various outlets that maybe he would have been the stronger candidate against trump. they are starting to put out the word. that is as harris aides are coming out to blame him for unpopular policies that started them in a big hole. the hole that david plouffe tweeted about before he deleted his account on x. also going to be interesting to hear how president biden frames

the next few months because when he dropped out in july he said he still had a lot of work he wanted to do over the next -- until the end of his term. now you have donald trump and his team teeing up executive actions they'll take on day one. the biden team, while promising a transition of power, a smooth transition of power, they have to figure out how to trump-proof all of the stuff that joe biden has done over the last few years. it will be a balancing act, a see-saw where he will say we'll do whatever we can do to help donald trump but also we have the powers of the presidency right now. we control the oval office until january and so it will be very interesting to hear how he does that and i wish that we knew more and that we could share more ahead of time. we didn't get a preview of the remarks today. >> harris: as you are talking about that, the public has been given a little touch in the last

few days of the campaign by now president-elect donald trump what his first priorities day one would be. a lot of it is all about the border. that's a putback of policies that he tried to put into place with executive action and order that biden in his first few days flipped, 94 executive actions and orders. so the border you know is where he will start. how do the two men get together with that transition? one did to to one and the other is about to do it to the other and the people who benefit are the voters and decided which one of those people they would prefer both before, during and after kamala harris. that is a big conversation to have. that's a huge transition. the american public said that's almost equal, almost, not quite, equal with the economy and certainly one of trump's biggest

messages. >> yes. we don't know exactly when president biden is going to host donald trump here at the white house but the timing of it could make it for a very pleasant meeting or a less pleasant meeting. next week joe biden is going to go on the first of possibly a few foreign trips where he is going to try to talk to world leaders about enforcing the biden worldview. ahead of trump's ascendence to the oval office where he and allies think it is an america first diplomacy. it's not something that joe biden just watched the returns and said i have to go to the g20 in south america and talk to the leaders. >> harris: i will cut in here. the marine has opened the door for president joe biden to make his first remarks since his vice president lost the presidential election to donald trump on tuesday night. so as he addresses the nation now, let's watch together. >> harris: good morning, good morning. [applause]

>> president biden: thank you. good to see this cabinet and staff together. [applause] thank you. [cheers and applause] thank you, thank you, thank you, please. thank you, thank you, thank you. it's good to see you all, particularly good to see my granddaughter sitting in the front row here. how are you, honey? for over 200 years, america has carried out the greatest experiment in self-government in the history of the world. that's a fact. the people vote and choose their own leaders and they do it peacefully. we're in a democracy. the will of the people always prevails. yesterday i spoke with

president-elect trump to congratulate him on his victory and i assured him that i would direct my entire administration to work with his team to insure a peaceful and orderly transition. that's what the american people deserve. yesterday i also spoke with vice president harris. she has been a partner and a public servant. she ran an inspiring campaign and everyone got to see something that i learned early on to respect so much, her character. she has a backbone like a ramrod and great, true character. she gave her whole heart and effort and she and her entire team should be proud of the campaign they ran. you know, a struggle for the soul of america since our very founding has always been an ongoing debate and still vital today. i know for some people it's a

time for victory, to state the obvious. for others, it is a time of loss. campaigns are contests, of competing visions. the country chooses one or the other. we accept the choice the country made. i've said many times you can't love your country only when you win. you can't love your neighbor only when you agree. something i hope we can do no matter who you voted for is see each other not as adversaries but as fellow americans. bring down the temperature. i also hope we can lay to rest the question about the integrity of the american electoral system. it is honest, it is fair, and it is transparent. it can be trusted win or lose. we can restore the respect for

all our election workers who busted their necks and took risks at the outset. we should thank them for staffing voting sites, counting the votes, protecting the very integrity of the election. many of them are volunteers who do it simply out of love for their country. and as they did, as they did their duty as citizens, i will do my duty as president. i will fulfill my oath and i will honor the constitution. on january 20th we'll have a peaceful transfer of power here in america. to all our incredible staff, supporters, cabinet members, all the people hanging out with me for the last four years, god love you as my mother would say, thank you so much. you put so much into the past four years. i know it is a difficult time. you are hurting. i hear you and i see you. but don't forget, don't forget

all we accomplished. it has been an historic presidency because of what i and you have done. a presidency for all americans. much of the work we've done is already being felt by the american people. the vast majority that that will be felt over the next ten years. we have legislation we passed that's just only now just really kicking in. we are going to see over a trillion dollars worth of infrastructure work done. changing people's lives in rural communities and communities that are in real difficulty. it takes time to get it done. so much more it will take time. but it is there. the road ahead is clear assuming we sustain it. there is so much -- so much we can get done and will get done based the way the legislation was passed. and it is truly historic.

you know, we are leaving behind the strongest economy in the world. i know people are still hurting. but things are changing rapidly. together we've changed america for the better. now we have 74 days to finish the term. our term. let's make every day count. that's the responsibility we have to the american people. look folks, you all know it, setbacks are unavoidable but giving up is unforgivable. we all get knocked down. but the measure of our character as my dad would say is how quickly we get back up. remember, a defeat does not mean we are defeated. we lost this battle. the america of your dreams is calling for you to get back up.

that's the story of america for over 240 years and counting. it's a story for all of us, not just some of us. the american experiment endures. we will be okay. but we need to stay engaged. we need to keep going. and above all, we need to keep the faith. so proud to have worked with all of you. i really mean it. i sincerely mean it. god bless you all, and god bless america, and may god protect our troops. thank you, thank you, thank you. [applause] [cd applause]

>> harris: there you have it. the current president after the loss by his vice president to be the next president has spoken for the first time since election night. the world waited to hear from kamala until 4:00 p.m. yesterday. she did not do that right away or call donald trump right away. it has been taking some time. then today after all of that reports that this current president, joe biden, would be in the rose garden and also that he had reached out to president-elect donald trump to congratulate him, to talk about the way forward and transition. i want to bring in now. we have so much of our fox family from the election night and fabulous to have everybody here. martha maccallum, bill hemmer,

shannon bream, john roberts, kellyanne conway. john roberts, i will come to you to further this idea of time and transition. what did that accomplish for what's ahead as we look toward donald trump and january 20th, the inauguration? >> first of all you say to the democratic party. we lost, giving up is unacceptable. a call to the party to do some serious self-examination for the future. i notice, though, harris, that more so than i have seen him in the last year, he had a spring in his step when he came out of the oval office and you can kind of think what was going on in his mind that, you know, i didn't lose to donald trump. i'm still 1-0 with trump. you threw me out unser

ceremoniously. in terms of elections, he has never lost to donald trump and something that falls to his vice president. one other point that i wanted to make. in terms of this idea of getting back up when you've been knocked down. the democratic party has to do a lot of work to do that. it wasn't long ago that people suggested the republican party was hopelessly fractured. a donald trump wing of the party and that the republicans might not ever win another election for the rest of history. look what happened. they got the presidency, the senate and they may well get the house as well. you can rebuild. >> harris: martha maccallum has joined us in studio along with bill hemmer. we look straight ahead with the cameras but they're sitting next to me and shannon and kellyanne here, too. martha, i was watching you a little bit while everybody else was watching president biden. the other night you and bret baier had the front row seat to history and you called it.

what did you think of the remarks in the tone and tenor today. >> the thing that stands out the most. i think we all saw he was in a pretty good mood. i also think that since the mantle of the burden of running is lifted off joe biden we have seen him look relieved, i think. i absolutely agree with what john just said that he will go into history saying he was the only person who beat former president trump. i think he is okay with that. the other thing is that he very much wanted to make this point we laid down all these policies that will help people across the country. he said in rural parts of the country he was specific about and in other, you know, corners of america. here is the problem. those places in america voted for donald trump. they did not see the fruits of that. at one point he said he could take ten years for people to see the impact of the legislature and the things we said.

americans said no, we aren't waiting for that. it would have been great for him to talk about a rethink for his party because he knows -- he sees, he is a politician around forever. he knows what went wrong on tuesday night and it's very deep seeded for his party. >> harris: interesting when he was talking about the way forward with the back drop of what peter doocy had just reported seconds before. the staff and team now are tasked in this transition period to try to enforce biden world views. i mean, i guess this is like a huge legacy play. she couldn't point to any of the strong moments of policy, kamala harris, when she was running. he wants to make sure what he did well in his opinion goes forward. >> bill: we were on the air yesterday when kamala harris came out and she didn't use the word congratulate and neither did him or he didn't say much about him yesterday or him her

today. the whole idea having donald trump come to the white house. it's a good idea for america. i am encouraged to see that happening. he said we have the strongest economy in the world. 70% of the people who voted on tuesday told our fox news voter analysis that america is on the wrong track. frankly that's a referendum on the last four years and on his presidency as well as kamala harris's short campaign. with regard to your question, i thought jack keane made an excellent point this morning talking with him this morning and we were wondering about the hot spots in the world. fires now that didn't exist four years ago. he said his biggest challenge is that russia and china and north korea and iran are now allies. >> harris: the enemy of the enemy is my friend is how it works. >> bill: that is your focus and concentration. how you go at that relationship

that's formed is a big riddle right now i think today. >> harris: one thing the trump team has said and hear larry kudlow say it on fox business, you go at it through money. sanctions and trade agreements to put pressures of the veins in that part of the world. the relationship china likes to boast with vietnam. we have a good relationship with vietnam now. look at taiwan, right? shannon, i want to bring you in here and just get the washington, d.c. perspective. being in a cobalt blue state, new jersey for me personally and you lived in new jersey for a while. i think you still do, martha, biden took that state by double digits. kamala harris took it by five points. that's not because every democrat sat home. it is because some of them voted for trump, and they did. and a lot of people just didn't agree with stuff that came out of his mouth that came out of

kamala harris's mouth, meaning biden and they went a different way. new jersey is not as blue as it was, i'll say it that way. what is d.c. like? is it that divided with these lawmakers? can they come together for the people? >> that will be the question as these numbers settle and we find out what is going on with the house and waiting on senate races, too . it will matter to the trump agenda. president biden talked about the fact we got things done. talked about infrastructure. some of this you won't see for years laying the ground work it seemed as if trump has a successful four years to say a lot of that is what we did and laying the foundation for him to be able to do that. but looking forward we'll have to see how much of trump's agenda he can move based on what the house and senate does. already he has the majority in the senate to move things and nominees. that will be very helpful to him in getting started. i do think it was good that president biden did talk about listen, he acknowledged there is

a problem for democrats saying campaigns are about competing visions and the american people did not choose our version of that vision. they did not do that. he also said you don't just love your country when you win or your neighbor when you agree. it sounded like conciliatory language trying to move forward. >> harris: kellyanne, you've often said that the democrats had a facts problem. they also have a relationship problem if their teams behind the scenes are getting along as poorly as axios and others have been reporting and philadelphia democratic chairman bob brady said governor shapiro should have been the pick for kamala harris and he went on to say he never had a conversation with the lady. he talked all about how poor the ground game was in pennsylvania. >> i think this bob brady democratic chairman of the philadelphia party, she has to perform well there and knows she has to perform well to win

pennsylvania and the presidency. instead, the chairman of the party is saying i never met her, b, the last-minute concert with lady gaga and forgive me if i get the celebrities wrong, singers, he said it was an affront to local officials and said there was no, quote, ground game. no presence. then the harris campaign shot back at their own democratic chairman in philadelphia said we knocked on 2 million doors in pennsylvania, 2 million more doors than bob brady knocked on, my goodness. back to relationships. kamala harris had a difficult time separating herself from joe biden. today joe biden had a very easy time separating himself from kamala harris. that i think is the message going forward. jill biden famously said kamala can go blank herself when she was on the bus in the debate and

infuriated jill biden years ago. but today i think joe biden gave her a little pat on the back and then distanced himself. he wants to be seen as a semi effective president who graciously stepped aside. i think that people will treat the bidens eventually the way they treated other people, maybe the carters. years later drummed out of washington after one term and then years later people look at them more benevolently. kamala will be looked at as a loser. the people in the audience are joe biden people standing for their boss and people like anita dunn and podest a were upset. >> harris: i asked my team who was in the audience. i thought mostly media when i

heard the cheering. was today the big moment? surprised when it wrapped so quickly. did he get done what he needed to do, joe biden? >> i think it's the beginning of his long goodbye is my assessment. as bill pointed out it is a good thing he wants president trump, president-elect trump now to come to the white house. these two men have garbage slinging aside and all of this, have a few more things in common than they have all the things that divide them. joe biden wants a good legacy. he knows that a smooth transition is something that will go towards that. they also chatted after both assassination attempts. hopefully that will be the last of those conversations. so it will be interesting to see. i think it is the beginning of a long goodbye. >> harris: thank you bill, martha, john, kellyanne. thank you all very much. peter doocy did great work today as well.

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>> harris: we have seen so much of what the president and others call lawfare against president-elect donald trump. and some of those legal cases against him nearly certain will be dismissed. special counsel jack smith is taking steps to wind down the two federal criminal cases in

play. those were the biggest. and the status of the three pending state cases also up in the air at this point. at the end of the month president-elect trump is set to be sentenced in new york on 34 felony counts related to business fraud on november 26th. critics aren't happy with new york attorney general letitia james. she ran saying she would go after him. why would she stop now? yesterday she said she will be prepared to fight back against any potential revenge by president trump. here is new york governor kathy hochul and attorney general letitia james. >> we'll work with anyone who wants to be a partner. that does not mean we'll accept an agenda from washington that strips away the rights that new yorkers have long enjoyed. >> my office has been preparing for several months because we've been here before. we faced this challenge before

and we used the rule of law to fight back. and we are prepared to fight back once again. >> harris: fox news legal editor kerri urbahn had some reaction to what letitia james just said. >> that was maybe the most distasteful speech i have ever seen a government official give after someone won the american presidency. utter arrogance. it blinds people. arrogance, pride goes before a fall, right? >> harris: an opinion piece arguing hochul, james, both of them put their embarrassing anti-trump agenda over new york's needs. back again with me now shannon bream, fox news chief legal correspondent. let's dig into this. when letitia james said we've been here before and continues on with we will use the rule of law against him, so what does she take exception to? he is the president-elect. will she try to go after him

even though special counsel jack smith can't and has to end his cases? >> there is a lot to unpack there. as you noted she campaigned on going after donald trump. that's been clear from the beginning. so you have those two new york cases still pending there. we'll hear, we think about the stormy daniels hush money case and 34 felony convictions against felony trump will decide and declare next week whether the immunity decision from the supreme court that gave president trump coverage for official acts impacts the new york case at all. if it survives that the sentencing on november 26th. remember that huge civil ruling against president trump for nearly half a billion dollars. that's on appeal. the appeals court decision we're awaiting that. the judges at that level seemed open to the arguments from trump's defense team saying this is outrageous, no real victims. we await that decision. letitia james may want to continue pursuing those cases

and may get overturned on appeal. i took from her she was talking maybe about abortion, trans students in schools, those kinds of things. maybe those are the fights she is looking to. >> harris: it sounds like we've been here before. he is back in office. so is this her chance to take another bite at the apple? she said we'll use the rule of law against him. it was pretty clear. quickly, so if cases are being dismissed, is the goal to get your game in before january 20th? i'm just trying to understand what the calculus is about going after a man who the nation, popular vote and electoral vote, just put in back in office? >> you may be right. this may be about the timeline between now and january 20th. those federal cases are likely to go away. new york has very powerful cases against president trump they may want to milk those for all they're worth. you and i covered the trial in new york with judge merchan. he did not decide in favor of the trump team on almost anything. it is possible he decides to

move ahead with the sentencing. it could come well before january 20th. as well that civil case we wait to hear about. new york authorities may want to press as much as they can before january. >> harris: can you sentence him? would they try to put him someplace, incarcerate him? >> i cannot imagine as -- unlikely judge merchan was to decide anyone. he is a first time offender, elderly offender. anything is possible. the judge has enormous discretion. >> harris: kind of bruise him up a little bit before he takes over politically speaking and using i'm just going to quote letitia james, the rule of law to go against him. all right. let's talk if we can a little bit just about this idea of the weaponization of government. we've heard that so much during the campaign. do you have some words of wisdom for the audience now? because some people who voted

for, others who did not vote against him. one point they agreed it looked like people were going after him. >> stefanik said she actually thinks that is what helped close some margins in new york in trump's favor. a must tighter win. the people of new york felt like there was a political very much taint to the prosecutions against him there in new york. remember what he told us a year and a half ago when he was asked will you get out of the race if you are indicted. he said no. i think people will rally to me if i am and that's what happened. >> harris: great to have you today both at the top with our fox family election night to go over president biden's first words since kamala harris lost to donald trump. i appreciate your time. thank all of you for watching. a big, important moment. the big goodbye from joe biden.

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