as we've been telling you, the pennsylvania supreme court has tossed out a claim by the republican congressmanlly arguing that pennsylvania state law permits no-excuse mail voting violated the state constitution. tonight the state's high court said, no, it does not. the president's cases are being dismissed by judges across the country as battleground states are already certifying their results. here's nbc justice correspondent pete williams. >> reporter: the trump campaign and republican candidates have filed three dozen lawsuits in six states since election day, but so far they've succeeded in getting a total of only about 600 votes thrown out. all those in pennsylvania, most involved in a close legislative race, not the presidential election. but the story here isn't just the numbers. judges have been strongly critical in their rulings, rejecting these claims by saying they're based on rumor, speculation, or a misunderstanding of how the process works. here's some examples. the campaign's federal case in georgia was tossed out by judge steven grimberg. he was actually appointed just last ye

supreme court justices who i think would believe it was improper for the pennsylvania supreme court todo that. but that's, you know, that's only if it's really close in pennsylvania, but you can't rule it out. >> and in fact, i believe the court left it so those late-arriving ballots would be segregated in the event that the court took up that issue. but i know there was a little confusion around the table about that. i think -- rich, i'm sure you're familiar with it, i think you're a lawyer, too, that the ballots have to either be postmarked election day and can arrive no later than friday or there just has to be no evidence that they were sent after election day. so the bottom line is you cannot send a ballot after election day under any ruling of the court and expect it to be counted. correct? >> right. i'm not a lawyer but my understanding -- >> well, i just appointed you one. >> i don't know whether that's an honor or an insult. but some of the potentially prepaid envelopes don't have a postmark. pennsylvania said we're going to presume that they were sent prior to the election, u

supreme court could marshal 5 votes to say oh it's the state legislature that has the final word not the pennsylvania supreme court as to how the votes ought to be tabulated and counted ok remember this that in the u.s. supreme court you need 4 out 9 justices simply didn't get a case heard it's not clear that you could marshal that 4 votes amy komi barrett who has not participated in any of these election cases and was nominated and confirmed just before election day ok has not indicated whether she my recuse herself because of the socio in with president bush i mean excuse me president trump so close the after her confirmation moreover in all of the supreme court's cases the most number of justices who've ever voiced sympathy for the view of mr alito is 3 and 3 as far short of the majority of 5 that you need so i think even in pennsylvania again which is not a question of voter fraud that you are very unlikely to get the u.s. supreme court to enter scene and there's a last point to be made as well on. the voters in pennsylvania relied upon the pennsylvania supreme court decision in casting their mai

by the way, and the pennsylvania supreme court said you can't do under pennsylvania law. but common sense, your honor, will say that you can't do it. based on this complaint. can you imagine anybody understanding a court order canceling 680,000 -- 1.2 million votes? based on nothing? can you -- the idea of that we're being asked to do that, honestly, your honor, i'm in court a lot, it is disgraceful that we would be asked to do that. whatever.not -- that's it. woo talk about standing, we don't know anything that's in this complaint. i just looked through all of them. and fundamental about this. nd that is this. is complaint is at its core, at its essence, a small complaint about a certain kind of procedure that the secretary says is available to counties. a limited procedure that if -- that if the ballot wasn't completely -- come in and sign it, and then we'll put you into the system for canvass. how did that come about as a matter of state law? here's how it comes about. for the tate law there is an activity that happens, mr. giuliani idn't -- that activity is that e -- s

now you have this other court case that the president and his personal lawyer, rudy giuliani argued in pennsylvania and that's the one they're looking at to take to the supreme court, and that tries to do the same thing but, again, a judge in that case on friday said that there was no evidence whatsoever that the legal team had been able to put forward to show there was fraud, and it was a pretty scathing opinion from this judge who was nominated by president trump in 2017, and so you have a chorus of individuals from the secretary of state who is a republican in georgia to the judge in pennsylvania, multiple judges, who are saying there's no evidence here and yet you have the president and his legal team saying there is evidence, the president was tweeting again yesterday after this latest pennsylvania decision saying that there is widespread fraud and people are just ignoring it but they haven't put it forward in court and this is more than 2 dozen cases the president and his legal team have brought have been dismissed. this is the latest. the legal path just keeps getting narrower yet the president continues to say he's going to fight. >>> let's head over

>> reporter: while the pennsylvania supreme court granted him bail, his conviction stood. nied his request to remove judge brinkley from his case. and in june 2018 judge brinkley denied meek mill's appeal asking her to overturn his 2008 conviction. >> you're still on bail? >> yeah. >> so do you feel free, truly free? >> no, i don't feel free. i ain't feel free since i caught this case at the age of 19. i'm 30 now. and me, i just -- i pray. i believe god is my first lawyer. i always believed that. i don't feel free at all. >> how do you explain why your case has become so important? >> i was a public figure. i'm a rapper. i inspire -- a lot of people don't know the history, i inspire a lot of these young children. like my brand is dream chasers. it's about chasing your dreams, no matter what you do in life. no matter what color your race is, where you come from, everyone goes to sleep at night and has a dream and has something they want -- aspire to be. and this is the same thing that thousands of other minorities are going through on a daily basis. they just don't have the

the pennsylvania supreme court has been very clear on this. nnsylvania has been very clear on how they insure that to happen. by the way the trump campaign has known this process for weeks. this is not new. so when partisan hackery comes out to try to undermine the counting of the vote, i hold no value in what they're saying because we know that every vote is being counted. we know that things are being double-checked and that independent observers are participating and even more importantly, different groups of people double-check these counts. so, you know, just ginning up -- neil: ethan, what they're saying that different groups people aren't doing that i don't know who is right. there is really no adequate polices of this. now i do remember distinctly in palm beach county 20 years ago, that is big issue. who is overseeing this? who is standing in the room? it got to be its own legal challenge but are you concerned or at all in doubt, especially as this race tightens up, if it is close enough there could be a recount anyway? >> i think anyti

pennsylvania republicans, the trump campaign and ten attorneys general from red states have petitioned the u.s. supreme court them to take this case up. under pennsylvania's act 77, mail ballots must arrive by 8:00 p.m. on november 3rd to count. pennsylvania's supreme court bypassed the legislature and extended the deadline by three days, which meant as long as mail ballots were postmarked by november 3rd and arrived by 5:00 p.m. november 6th, the account. republicans argue the extension is unconstitutional. pennsylvania's department of state estimates approximately 10,000 ballots arrived within this three day extension. even if the u.s. supreme court decided that all of these votes are invalid, it's not enough to overcome biden's lead, which is over 49,700. and the lead is growing as 45,000 mail ballots are still being counted. republicans are also eyeing provisional ballots. there are some 94,000 provisional ballots, four times more than in 2016. provisional ballots are cast by voters whose eligibility is in question in this year, it included voters who requested a mail-in ballot within decided they wanted

election took place it went to the supreme court the supreme court said because of the narrowness of time it would not allow the motion by the republican committee in pennsylvania so it pushed it back to the court and allowed to the counting of votes after election day to go ahead but 3 of the justices on the supreme court at that point said it's something they may have to revisit and indeed now the trump campaign has petitioned the supreme court the supreme court has now sent a letter to the pennsylvania secretary of state instructing her to respond to the trump campaign's requirement to be added as a successful petitioner by 10 pm tomorrow night now whether this is significant or not we'll see basically it would open up that case again in the pennsylvania supreme court should the tram campaign succeed. in its attempt to be put on as a petitioner so it could indeed go back to the supreme court at some stage however and this must be stressed there is a legal position here so which is very very important in this and was mentioned in the original supreme court decision and that's called reliance interest basically that is a legal concept that the supreme court is

and broad brush strokes, what happened was that of the state supreme court said that deadline could go ahead despite the fact that pennsylvania state law says that any extension has to be done by the state legislature. so the supreme court just wanted to take a look, the supreme court of the united states wanted to take a look at how that was going to unfold but now that it is unfolding it may be that the supreme court wants to take this up. the basis of the lawsuit is that as it, as we saw in wisconsin, the trump campaign and the republican party wants the deadline to be when the polls close on tuesday night and not allow for this three-day period, three day extension to allow mail-in ballots that might've been stuck in the mail or whatever on election day to come in so if the supreme court were to rule that the deadline was when the polls closed on election night then all of those mail-in votes that have been trickling in afterwards would be sequestered, set aside and if the supreme court rules it not counted so that could change the vote count as well. >> martha: john, thank you very much, john roberts at the white house.

to start, the pennsylvania supreme court granted a three-day extension for late arriving ballots. usurping the authority of the state legislator and contradicting the u.s. constitution. which clearly states the times times, places and manner of holding elections shall be prescribed in each state by the legislature thereof. these constitutional authorities are not fair-weathered laws. despite the challenges posed by the pandemic. the highly irregular actions of the pennsylvania supreme court resulted in the unlawful counting of over 10,000 ballots that arrived after the statutory required time of 8:00 p.m. on election day. nobody disputes this. mitigating an accurate ballot count and at the same time fueling great distrust in the process. second, there are serious disputes over how individual mail-in ballots with technical errors were handled across the commonwealth. pennsylvania's state law dictates that mail-in ballots must be signed, dated, and included in a secrecy envelope and that ballots that are missing required information and/or signatures should be disqualified or at a m

the trump campaign is also channeling the pennsylvania supreme court -- channeling the pennsylvania -allenging the pennsylvania supreme court decision that required mail-in ballots be counted up to three days after the election. noted constitutional attorney kenneth starr says that ruling is a constitutional travesty. >> to count every vote may be a crime. it a may even be a crime under federal law. it's definitely a crime under state law. if that is, and here's the keyword, an illegal ballot. and it's shameful that vice president biden's people and the vice president himself are saying count every vote and selling a lot of t-shirts. that is a potential and an invitation for absolute lawlessness. lou: lawlessness seems to have been a precondition for this election. supreme court justice samuel alito ordered all county election boards in pennsylvania to keep those late mail-in ballots separate from others while legal challenges make their way to the full supreme court. a record start today as the wall street just boomed. the dow jones industrials rallied an extraordinary 800 points. th

today, the pennsylvania supreme court ruled that republican observers in philadelphia were given properess under state law to view vote counting. it's the latest in a string of legal defeats for president trump, and his last-ditch effort to challenge results in states that he's lost. here's cbs' major garrett. >> reporter: in the three times he's spoken publicly since election day... >> there has been a lot of shenanigans. it's a corrupt system. >> reporter: ...president trump has offered a string of falsehoods. >> this is a major fraud on our nation. if you count the legal votes, i easily win. frankly, we did win this election. >> reporter: his more than 400 tweets over the last two weeks are mostly false claims of fraud or that he won an election he clearly lost. more than a dozen lawsuits brought by president trump's campaign or sympathetic republicans, alleging election irregularities or worse, have been unsuccessful. >> every single legal vote that has been cast and reported has been upheld by the courts in every single piece of litigation nationwide so far. >> reporter: the pennsy

but the supreme court of the commonwealth of pennsylvania and the supreme court has disregarded the constitution making the decision in the domain of the pennsylvania legislator. a reasonmay be there's the secretary of state keeps substituting her will for that of the legislature in a completely unconstitutional fashion. perhaps she has motive. she shows her partisan hatred tweeting this, using the title card president before the word trump disputes office of the presidency. we see where her motive stands. a mere survey shows voters in blue counties were giving -- given certain privileges like voters and drive counties were not afforded. the equal protection clause requires uniform standards but democrat election officials created disparities dependent on where citizens lived and where they voted in the states. some counties set up satellite offices for backdoor early voting where some other counties did not. some counties allowed pre-canvassing. voters in some counties were allowed to cure their ballots were as voters and other counties were not. what pennsylvania has done is provide a case stu

here's the problem with the pennsylvania supreme court, it is deeply partisan, we saw that in terms of the pennsylvania supreme court's response to governor wolf who violated the american constitution. shame on him, it was fashioned right there in philadelphia. but shame on him for riding roughshod over what the legislature had determined. the deeply divided vote went along with it. so it's only a hope, i hope the pennsylvania supreme court -- >> harris: real quickly, regardless of all that will go on are we going to see all of the votes counted and then the legalities come out? or are the concerns that some are expressing that the vote counting could stop before we know exactly what the totals were? how does that work legally? >> ken: it's going to depend on the each state, each state has the right to determine these things. so we just have to monitor, listen to people like joe to say here is the law and i'm following the law. when they aren't following the law such as allowing observers, that's when alarm should go off. >> harris: i should add the biden campaign has reportedly said t

let me ask you about the pennsylvania supreme court court. it officially rejected trump's lawsuit against the mail-in ballots. what is the significance of this particular and final ruling? >> yeah, this is basically the end of the road in pennsylvania. this lawsuit was brought by republican representative mike kelly and seven other republican plaintiffs and essentially sought to invalidate more than 2.5 million mail-in ballots. and the pennsylvania supreme court unanimously rejected this request from the plaintiffs and said that if they had an issue with this, they should have filed a legal challenge a year ago when the procedures were first put into place. we had one judge saying that it was very clear that this lawsuit was brought because after two elections that already used the mail-in voting process, republicans saw a result that they didn't like and that is why they were bringing this lawsuit. and just because you don't like something doesn't mean that you have the legal standing to challenge it. >> and that's exactly what they said in t

courts. the latest defeat in the state of pennsylvania. the supreme court ruling against the allies this evening. yesterday we saw the latest blow against the president to have millions of votes thrown out essentially. happened by a trump appointed judge. this is judge sta fannos bibos. he wrote this. calling an election unfair does not make it so. charges require specific allegations and then proof. we have neither here. the campaign's claims have no merit. and the president's campaign is also coming up short as it relates to recounts. the president's campaign paid $3 million to have a recount conducted until two counties in wisconsin. milwaukee county one of those two certified their numbers. jiefd came up ahead with a net gain of 132 votes in a county he had already overwhelmingly won in the 20 o 21 election. how long does the president keep up this attempt to overturn the election and delegitimate highs president-elect joe biden. in that federal case in the state of pennsylvania, the president faces the prospect that the conservative majority supr

a clarification, two democratic officials told us here that the pennsylvania supreme court had overturned a commonwealth court, the appeals court here, the ruling about the trump observers being able to be inside and watch that count, and that is not correct, according to a spokesman from the supreme court, they say they have not taken action yet on that case, so a clarification there, we wanted to correct that right away. >>> president trump, meanwhile, ramping up his twitter attacks on joe biden's vote gains in key battleground states. he's not been seen in public since his 2:00 a.m. election into the appearance. ashley parker, white house reporter for "the washington post," peter baker, white house correspondent for "the new york times," and ben rhodes, former deputy national security adviser to president obama. ashley, what's happening behind the scenes at the white house? we haven't seen the president since 3:00 yesterday morning. >> we haven't. in talking to people just before election day, the president had in some ways come to grips with his own political mortality, as it were, th

court justices on the pennsylvania supreme court may have violatedir own oath by not upholding the u.s. constitution in that sense. and so, our position is to actually have the supreme court weigh in and basically help resolve this dispute, and basically allow the votes to be counted based upon the way the pennsylvania general assembly set the rules. >> martha: so, would not invalidate anything that came in after 8:00 on election night? >> well, that would. a simple reading of the text would tell you that all ballots -- the pennsylvania assembly was very clear in this, martha. this is not a very complicated or twisted law. anybody could read it and understand, the ballots must be in by 8:00 p.m. so, that would mean any ballot received after 8:00 p.m. would be voided. it would be like you going to the polls and showing up at 8:30. they won't let you in to vote. why couldn't they? you can make an argument, i got late, stuck in traffic, but that is with the rule is. >> martha: absolutely come at it sets up a dual system where you have mail-in ballots wi

pursue it or obama appointee and left wing rogue justices as you have the majority on the supreme court of pennsylvaniast like you have in 2000 the supreme court of florida. what other kinds of cases constitutional cases are being brought. very serious cases. under article 2 section 1 clause 2 with the united states supreme court associate already reached down into pennsylvania twice. and ordered them to protect certain ballots incase case rules may be unconstitutional what am i talking about? article 2 section 1 clause 2 of the united states constitution. each state shall appoint in such manner as the legislature. they specifically say the legislature. you won't find that in many places of the constitution. where they're specific about that. the legislature there have made a direct equal to number of senators and representatives to which the state may be entitled in congress in other words the state lelgtture makes election laws and i can tell you from my own research, way, by back -- there's no way the framers of the constitution or the ratification convention would have approved this constitution if

, justice of the supreme court called on the court to accelerate the case and he said the constitution says the state legislature sets all the rules and pennsylvaniaannot and has to be overruled. >> shannon: leslie, what about that? there's a number of states that have gone or organizations within the states that have gone to the supreme court and said that's the deal. only the state legislatures are the one that gets us at the policies. they point to governors and other bodies outside the legislatures and others that are tweaking election laws in the state. only the state legislature is supposed to be making those changes. that does affect which ballots are considered legit and should be counted. >> absolutely. there's a couple of problems here. when you have so many people interfering in the sense with the process, it really contributes to voter turnout. we have seen it in the past, why do people not vote? they don't feel their coat demand vote counts and if you say in the state your ballot has to be postmarked by the state even if it gets and later, the state of pennsylvania, well, people officially during a pandemic hopefully never again, you

that is what the general assembly, the legislation in pennsylvania decided appear at a supreme courtecided no, i think we will give him three days. but if you can give them three, you can give them seven and then you can give them 12th and all of a sudden you are in december and you have no idea where those electoral votes are going. there is a difference between unlawful and irresponsible. air responsible, the voters have to do something about that. unlawful is why we have courts. >> harris: all right my want to move on. that might apply to more than nevada. i don't know that was interesting. real quickly pennsylvania and where we are there. larger, much larger than nevada population, obviously, and they are counting very quickly. but there is a legality that they have been talking about certain ballots. explain it to us and what do you think will happen next there. >> right, so the constitution says, your state legislatures can set the election rules. they were very clear. state legislatures. the pennsylvania legislature said ballots received by mail by this time on election day wi

pennsylvania, they too are seeking an emergency action by the state court to block the certification of election results while there lawsuit makes its way through the legal process, all of that while the pennsylvania supremert decided tonight that 12000 absentee ballots that missed information on their outer envelopes, like a date or a signature while the pennsylvania supreme court decided those ballots should all count. that was decided a couple of hours ago. lou: thank you very much, very interesting court in pennsylvania it does not seem to matter what the rules are, everything goes. thank you so much for being with us. in michigan state legislators hold a hearing into election irregularities this coming wednesday, fox news correspondent garrett tenney with the latest. >> that hearing is likely part of an ongoing investigation the gop controlled state legislator shortly after the election looking into allegations that the election process was mishandled. that process took another step forward just a few minutes ago when the state board of canvassers voted to certify the election results cementing joe biden's victory in the state, the board which is comprised of two democrats and two republicans voted t

determines a law passed last year by republican led legislature, and just coming in now, the pennsylvania supreme courtinst the trump campaign. pennsylvania supreme court saying all of those ballots count. >> bill: okay brian. thank you. fox news contributor andy mccarthy will sort through all of this. we have you on because you speak english and a lot of the stuff. that's investment match between the harm alleged and the remedy sought and that's the key line. explain what that's about. >> what they are asking for is to invalidate basically 7 million votes. what they are showing is that you may have a handful of -- a relative handful of violations here and there and what the court is saying, >> bill: so you have two claims about being disenfranchised but to claims equals to votes and doesn't get you anywhere near 80,000. that's what the mismatched was in the remedy sought. >> that is right, there are three different things going on. the two voters and that remedy would be to the 7 million and as a judge says as much as 7 million. the trump campaign says biden leads by about 81 or 83,000 votes, so in or

>> under pennsylvania supreme court which is currently the law, as long as it is no affirmatived that it was pose mark ed markedoff november 3 as long as received by november 6 at 5:00 p.m. it will be counted. >> it is my understanding the website shows 18 counties with zero percent mail-in balanceslots counted. >> sometimes counties are uploading on their own would be sites and vice president transmitted file to the department of state because they have their own local races. if you see any -- this is what we will doing today. go the county website and it is a great way to tunneldouble check but we'll follow up to say make sure you get us files. because we had for the first time a web site that would itemize the mail-in from the in person ballots from provisional some of the counties when they uploaded the results it merged the two types into one and they formatted it wrong so we are working through that to make sure the actual at because of ballots are right. >> there's a largeer than speck number -- >> it may be it is not uploaded to department of state website yet. i urge you to c

supreme court like bush v gore in 2000. in another legal blow to the president's strategy, the pennsylvania supreme court, the state supreme court last night ruled against a small group of republicans including pennsylvania congressman mike kelly and a congressional candidate named sean parnell, they wanted to stop the certification of the state's votes and overturn a pennsylvania law that allowed no excuse mail-in voting, meaning anybody could request a mail-in ballot without an excuse. the attorney general from pennsylvania, josh shapiro, preyed the pennsylvania supreme court ruling, says it's a victory for those republicans that voted for the freedom elections. georgia, another state that president trump has been criticizing heavily, he says he regrets today endorsing brian kemp, arguing kemp has not gotten involved on his behalf. arthel: thanks, david. >> reporter: thank you. >>> this election was rigged. this election was a total fraud and it continues to be as they hide. and the problem we have, we go to judges and people don't want to get involved. eric eric: that is president trump claiming massive voter fraud this

or their obama appointees or left-wing robed justices as you have the majority on the supreme court of pennsylvanialike you had in florida in 2000 on the supreme court of florida. what other kinds of cases, constitutional cases are being brought, very serious cases under article two section one clause two. with the united states up in court associative justice sam alito has already reached into pennsylvania twice and ordered them to protect certain ballots in case the court rules that what the pennsylvania supreme court did may be unconstitutional but what am i talking about? article two, section one, clause two of the united states constitution. each state shall appoint, in such manner as the legislator, specifically say the legislator. you won't find that many places in the constitution where they specific about that but the legislator there may direct a number of electors equal to whole number of senators and are presented gives to which the state may be entitled in the congress. in other words, the state legislator makes election laws and i can tell you for my own research way, way back there i

>> that's a very good question and the first instance it falls to the pennsylvania courts and the pennsylvania supreme court, but there are federal issues involved here and, indeed, there was an order by federal judge emmitt sullivan that will also become an issue in pennsylvania, ordering a sweep of the usps to look for absentee ballots. now, i have just heard that usps says they have complied with the order but has not revealed what the results are. and so there's an instance in which a federal judge has been willing to get involved and there were problems with the compliance with the order, which could generate more federal action so, it really depends whether or not the courts think there is a federal legal issue here with the pennsylvania case, despite the changing composition of the court, i really would be surprised if the supreme court decided to step in on this issue. as we know from 2000, the court was very willing to step in to halt a recount, but i think a recount is quite different from getting involved and whether or not votes should be counted in the first place when those -- that vote

, is that was approved under the pennsylvania constitution in the pennsylvania supreme courtwhy the pennsylvania supreme court decision still stands. a number of the cases are different in procederal posture and the facts. pennsylvania is different for that reason. but i'm confident that the votes will be counted. i realize that the republicans in pennsylvania want to continue to relitigate it, i think they will fail. >> bob bower, thank you for being with us on an all important night. the next few days will be spoken about for decades to come. we will be right back. >> it's a pleasure, thank you. i had saved up some money and found the home of my dreams but the home of my dreams needed some work. sofi was the first lender that even offered a personal loan. and i didn't even know that was an option. the personal loan let us renovate our single family house into a multi-unit home. and i get to live in this beautiful house with this beautiful kitchen and it's all thanks to sofi. now every bath fitter bathbath fis installed quickly, with this beautiful kitchen safely, and beauti

referring to there is his campaign intervening in a suit that's before the supreme court of the united states right now regarding pennsylvania'ssupreme court were to weigh in and it did not the first time. if it were to weigh in and say no ballots after 8:00 p.m. election night that could change things around a bit in pennsylvania and also refers to a lawsuit they filed in georgia yesterday after saying that an observer in chatham county saw an election official counting ballots received after the 7:00 p.m. deadline. the trump campaign wants all late arriving ballots to be sequestered and removed from the count. what's going on in nevada. there will be a press conference that rick grinnell will be hosting at 11:30. they will announce a lawsuit there. not stopping the county, it is to insure that only legal votes are counted and that illegal votes are not counted. the trump campaign insists that there are as many as maybe even more than 10,000 votes that were cast by people who do no longer live in the state of nevada. they also insist that ballots were cast under the names of people who are dead. the suit is being filed in dis

now, notably, she did not participate in that key supreme court ruling on the pennsylvania supreme court ruling upholding the pennsylvania court ruling that they could take three more days to count votes that had -- ballots that were mailed in and postmarked by election day. but she said not that she was recusing herself. she said, because i have not had time to read in on these briefs. >> you can only use that so many times. >> because the republicans had challenged it too quickly. as pete williams was pointing out at the time, if they had waited until she was confirmed to make their application, but they jumped the gun. and she said, i haven't had time to read in. but she has not said she's going to recuse herself. she certainly could now say that any application to the court in the next couple of days is something that she will have as much time to read in on as the others. >> i think the word really is premature because the fact of the matter is we don't know who won this election. we don't know. donald trump may well have passed the 270. joe biden might as well. the votes have to be

it comes as pennsylvania supreme court rejects the trump campaign lawsuits over philadelphia electionbservers. griff jenkins live in washington as joe biden announces more white house hires. >> reporter: so much to unpack but it happened again in georgia. in fayette county, another county 2755 votes were not tally after yesterday's report that floyd county, miss 2600 votes on election night. the director of election operations in georgia explains what happened. >> a slightly different situation from floyd. these were scanned vote on memory card, inboxes, and scan votes. >> unclear how many votes are for donald trump in fayette county and it appears there is yet another county. kayleigh mcenany had this to say. >> reporting that in a third county in georgia in walton county they have found the same issue. a memory card that was not registered and these votes favorite donald trump. what is going on? every american should be concerned. >> georgia's secretary of state says the final count his deadline is tonight, unlikely to overturn the results in the president's favor, he says trump mig

>> on saturday, pennsylvania supreme court threw out at lawsuit filed by republican congressman mike to halt certification of president elect biden's win. >> the transition is what is important. the words of president trump are not quite as significant. >> president trump is claiming that foreign leaders are calling him and telling him it's the most messed up election they have seen. but the white house has not released a read out of any call with any foreign leader since the election. and almost every u.s. ally has called joe biden to congratulate him. >> the "cbs overnight news" will be right back. ♪ >>> this is the "cbs overnight news." >>> tonight the president elect is back in wilmington after the thanksgiving break. that's where we find nicole and nicole, mr. biden is not commenting on the president's claims today, but he is making news, what happened? >> well, jamie late today we learned that president elect joe biden got checked out by a doctor. he slipped while paying with his daughter majima -- his dog major and twisted his ankle. they say that he is being examined by a doc

court today. mylene, this was a ruling from the pennsylvania state supreme court and 52 decision. the judges there ruled that the trump campaign's claim had no merit. the complaint had been that republican poll watchers had been kept out of these rooms where ballots are being counted. well, the judges ruled that simply wasn't the case. and the fact that the local election board of the city of philadelphia treated pool watchers, republican party of the democratic party in exactly the same way, and was in fact in compliance with state law. now almost simultaneously, as this decision came down, the campaign was making the very same argument in a different venue in a federal court also in pennsylvania alleging the same complaint. and in fact, the person making, the argument in that instance was president own attorney rudy giuliani. and he told the federal judge in that case that the pennsylvania vote quote, stole the election. now that we have this ruling that is against the trump campaign from the state court. well, certainly that doesn't give much confidence to this federal case goi

this time in the pennsylvania supreme court. the keystone state top bench ruled that there was nothing that required ballot observers to stand within six feet has been argued. this undercuts what the president was saying on twitter, that they were being unfairly discriminated against and in pennsylvania where biden won by thousands of votes should be invalidated. >>> now to senator lindsey graham who has found himself embroiled in controversy after an apparent intent to cast doubt on the election or to overturn it. the south carolina republican and trump loyalist says he called election officials in nevada, arizona, about procedures of mail-in ballots. listen to brad raffensperger talk about how the call from senator graham unfolded. >> just an implication to look hard and see how many ballots you can throw out. i think they're looking at that as part of the court case. >> senator graham calls raffensperger's statement ridiculous. a staffer who was on that call confirmed raffensperger's version to cnn yesterday. graham said he w

his administration suffered a setback, as the pennsylvania supreme court rejected a republican lawsuit targeting mail-in ballots. that was just a day after trump appointed federal judge, rejected the campaign's request to not declare biden the winner in the state. all the court battles that's taken place, the president doesn't seem too stressed out about it, at least not on the course in northern virginia. carol lee has the details. good morning to you. what's the next move for this administration and this fight? >> they say they're going to fight this all the way to the supreme court. let's step back and look at what happened here. this is a major stepback for the trump legal effort. it comes on top from the third court of adeels, which issued a decision on friday. it was a scathing decision, saying there was no evidence here. and if you're going to make the allegations you can't just say them. you have to back it up. the president's narrow path for legal options just got significantly narrower. we're hearing they intend to fight on and take this from the supreme court. and it's not c

state but there is one case that has got some traction the trump campaign had asked the pennsylvania supreme court to be allowed to join a case against the pennsylvania secretary of state as a intervention as a petitioner now the supreme court has actually instructed the secretary of state in pennsylvania to respond to the trunk campaign's request by 10 pm thursday evening so the supreme court getting involved albeit in a limited way at this particular point but that is the only case in which we've seen the trump campaign gain traction in terms of its legal challenges in a number of areas mike hammer in wilmington delaware thanks for the update turn let's cross over to complete health at our white house correspondent watching events unfold for from the white house obviously the trouble monitoring events across those crucial states that are still counting the votes but they're also not accepting the results as they stand. that's absolutely right and the challenge is is to really keep the momentum going we're getting a sense that there is a growing realisation that this is starting to have a bit if

the supreme court is allowing pennsylvania and north carolina for now to count ballots received after election day, but the high court could still hear the pennsylvania case after the election -- and it could decide who wins the presidey.nc we will speak to mother jones' ari berman. then we look at big tech's role in the election as senate republicans accuse social media companies of favoring democrats. but is that true? >> if anything,e see ma sorts of thnology platforms throughout the past four years supporting the trump agenda and a conservative agenda. millions plunged into pandemic poverty, the senate has adjourned before passing another stimulus bill. we will look at the spike in hunger across united states. >> these families are basically living like on a ticking time bomb when this starts up again, how they're going to pay their rent. amy: all that and more, coming up. welcome to democracy now!, democracynow.org, the quarantine report. i'm amy goodman. the united states recorded more than 80,000 new coronavirus infections wednesday and over 1000 new deaths as the white house c

the latest defeat coming in that pennsylvania supreme court this evening. but yesterday, there was also a defeat in the third circuit court of appeals, also in the state of pennsylvania, as the trump campaign was attempting to desert fie the results of that election, essentially throwing out millions of ballots. the blow came from a trump appointed judge, writing for the third circuit court of appeals. he said calling an election unfair does not make it so. charges require specific allegations, and then proof. we have neither here. the campaign's claims have no merit, he writes. that was, again, the latest in a series of scathing rebukes that the president and his allies have faced in the courts, and the president is also facing defeat as it relates to recounts in key battleground states. as he was claiming today there was widespread fraud in wisconsin, talking about illegal votes, despite a total lack of evidence, his campaign had paid for a recount, $3 million paid to have recounts in two key counties in the state of wisconsin. and milwaukee county just ce

in pennsylvania said we don't care about the law. these are elected democrats on the supreme courtn pennsylvania. they invented out of thin air their own law. they are not lawmakers. they are justices. they said we will start counting ballots that are received on wednesday, thursday and friday. well, that's not what the law says. republicans went to the u.s. supreme court and said this is wrong. it's unconstitutional. fix it. thanks to chief justice john roberts who sided with the liberals they refused to take up the case not once but twice. they did keep the case pending. today the trump campaign filed a motion to intervene in the pending case. will the supreme court take it up? my guess is they will continue to try to avoid and delay. all of this sean, could have been avoided if the u.s. supreme court had stepped in and said justices of the pennsylvania supreme court, you are not lawmakers, you are judges. do your job. do not usurp the authority of the legislature. >> sean: thanks for the update. last night is yet another repudiation of the pollsters. the fake news media mob miss