gore: mr. hankins, i don't feel good about it, and i think we ought to have a patient's bill of rights to take the medical decisions away from the hmos and give them back to the doctors and nurses. i want to come back and tell you why, but if you will forgive me, i would like to say something right now at the beginning of this debate following on the moment of silence for mel carnahan and randy carnahan and chris sifford. tipper and i were good friends with mel and randy, and i know that all of us here want to extend our sympathy and condolences to jean and the family and to the sifford family. and i would just like to say that this debate in a way is a living tribute to mel carnahan , because he loved the vigorous discussion of ideas in our democracy. he was a fantastic governor of missouri. this state became one of the top five in the nation for health care coverage for children under his leadership. one of the best in advancing all kinds of benefits for children to grow up healthy and strong

gore in 2000?avid: well, it was a once in a generation case where, as i say, from the beginning, there were five members of the court, five republicans, who sort of took the view of the bush team, which was, gee, all of the votes have been counted in florida, and governor bush has won. i said in this story, that is the position president trump is in now, that al gore was in. to say once you have lost, once the votes have been counted and you have lost, it is very hard to go to court and persuade a court that, too essentially, step in, jump in, change the rules, and overturn that result. and it turns out the supreme court was not willing to allow that to continue in 2000, and it would be interesting to see if it happens again, but i think it is the kind of precedent that it was an important, obviously decisive case at the time. i do not think the court is anxious to quickly repeat that experience. ♪ susan: david savage, few people in the country have more experience observing the supreme court then

. ♪ >> divot, savage, is the 20th anniversary of bush versus gore.e ask you, since you have been , toring the supreme court look back at the 2000 election. what we were going through that as compared to what is happening now and also some of the lessons learned. let's start with the court itself. themmembers, and seven of appointed by republican presidents but how did they align ideologically? --it was pretty much a 5-4 pretty much a 5-4 vote. there were several moderate republicans. souter, ruthd ginsburg, and stephen breyer were the four on the left. , but alsoconservative an interesting era. justice kennedy and justice were conservatives and you could not predict them in cases. you say more about chief justice william rehnquist and his approach to leaving the court? >> he had been on the court for a lot of years. he had strong, clear views. i got lunch with them every year. i found him very interesting but he could talk about all sorts of subjects. want to talk about sports or politics, the weather, whatever, he was a person who liked to get out a

gore. mr. savage also discussed election 2020 and the legal challenges that the trump campaign filed after election day. then questions from the prime minister. and then i review from this week's washington journal with the election and the week ahead. ♪ susan: david savage, it's the 20th anniversary of bush v. gore and here we are in the midst of sorting through another close election. we asked you because you've been covering this supreme court since 1986 to come back and look back in time with us at that 2000 election. what we were going through then as comparison to what's happening now and also some of the lessons that were learned. let's start with the court itself in 2000. the rehnquist court. nine members of the court and seven of them have been appointed by republican presidents. but how do they align ideologically? david: it's sort of a 5-4 conservative court. rehnquist was a leader. justice scalia was a prominent figure. it leans right. there were several moderate republicans. john s

gore, trump v. biden.ttle to compare and much, much more to contrast. >> let us be the nation we know we can be, a nation united. >> reporter: it's been four days since president-elect joe biden was projected the winner of one of the most fractious and divisive elections of our lifetimes. >> this is the time to heal in america. >> reporter: and while the president-elect has offered words of comfort, the sitting president and his team continue to question the results, refusing to concede. >> there will be a smooth transition to a second trump administration. >> reporter: since their loss, president trump and his legal teams' latest maneuver, reaching out to republican-controlled state legislatures. in places like pennsylvania and wisconsin. with claims of voting irregularities. >> first of all, obviously you're not going to concede when at least 600,000 ballots are in question. >> reporter: to date there is no evidence of those alleged ballots in question. the trump team has also filed more than a dozen law

if jim baker had been the lawyer for al gore, would al gore lawyer for our gore what al gore have become the president of the united states in the year 2000? david: >> i have great respect did have great respect and continue to for jim baker and his career. let's not forget this part. the gore campaign has litigated the county rules and the supreme court decision on those county rules, to have a recount that would likely have been successful in the state of florida. this case of bush versus gore ultimately went against gore by one vote on the supreme court. i do not really view that as a triumph of mr. baker. i believe that the bush forces benefited from and unforeseen intervention by the united states. david: ben, you are down in florida event. you had a lot of young lawyers helping you. ted cruz was one of them, john roberts, justice cavanaugh was there. amy coney barrett was there. of all of those lawyers, who was the smartest? benjamin: every time, i will answer that jim baker. david: i think that is a politically correct benjamin: they would all agree. david: let's suppose both of y

. >> bulletin, senior gore aide confirms gore withdraws concession. that's bulletin material with a capital b. >> reporter: some elections don't even end on election night. >> about ten minutes ago the vice president did call the governor and retracted his concession. >> we put florida back in the undecided category. >> i think like most people in the country, i went to bed with a scene on my tv showing the vote count in florida. i woke up the next morning, turned on my tv and realized that nothing had changed and we still didn't have a president. >> reporter: moments later, tallahassee attorney got a call from george w. bush's team. a lawsuit had been filed in palm beach county, and bush needed a lawyer. >> good afternoon ladies and gentlemen, i have with me this afternoon mr. barry richard of tallahassee, florida. >> reporter: the recount transfixed the nation. >> if we don't figure out the count on this, we're a banana republic. >> reporter: voters came to know about the butterfly variety. >> some say when they went to select gore, they mistakenly

gore say about this election? this week on "firing line." the year was 2000. all eyes were on the florida recount and those hanging chads. attorney david boies represented al gore. >> until these votes have been counted, this election cannot be over. >> attorney ted olsen represented george w. bush. >> george w. bush has bn certified as the winner of the election in florida. >> the case went to the supreme court and divided the nation. but boies and olsen went on to become friends. even working together on another landmark case. today, the nation is bitterly divided again. >> we want trump out of here! >> and president trump refuses to concede to president-elect joe biden. what do david boies and ted olsen say now? >> "firing line" with margaret hoover. corporate funding provided by -- >> welcome to "firing line." david boies and ted olsen, it's a pleasure to have you here. >> it's great to be here. >> it is indeed. >> david, on january 20th, 2021, who is going to be sworn in as the president of the united states? >> no question, in my mind, that joe biden is

that same day, goring in berlin called kepler of the german embassy in vienna.ersation was transcribed. kepler spoke first. >> we represent the government now. >> yes. you're the government. listen carefully. the following should be sent here. take the notes. the provisional austrian government sends to the german government the urgent request to support it in its task to help prevent bloodshed. for this purpose, it asks the german government to send german troops as soon as possible. >> i'm watching through street. everything has collapsed. he's the only one who stirs power in austria. there are troops across the border today. ♪ ♪ >> the act was written. joining austria to germany and signed by the defendant, goring, frick, and hess. hitler, of course, had said -- >> germany neither intends nor wishes to interfere in the internal affairs of austria, to annex austria. 21st of may, 1935, adolf hitler. >> the curtain fell on act one. but already the nazi conspirators prepared for act two. with this 1938 memorandum from hitler to his high command. >> it is my unalt

for vice president gore and his family. he has a distinguished record to her service as a congressman, a senator, and a vice president. this evening, i received a gracious call from the vice president. we agreed to meet early next week in washington, and we agreed to do our best to heal our country after this hard fought contest. tonight, i want to thank all the thousands of volunteers and campaign workers who worked so hard and might be have. i also salute the vice president and his supporters, for waging a spirited campaign. and i thank him for a call but i know it's difficult to make. lauren i wish to vice president and senator liebermann and their families the very best. i have a lot to be thankful for, tonight. i am thankful for america and thankful that we are able to resolve our electoral differences in a peaceful way. i am thankful to the american people for the great privilege of being able to serve, as your next president. i want to thank our daughters for their love. it they have made texas a better place, and sh

bush and al gore closest in u.s. history. and why our next guest say the outcome of that election paved the way for our current political climate. ♪ some things are good to know. like where to find the cheapest gas in town and which supermarket gives you the most bang for your buck. something else that's good to know? if you have medicare and medicaid, you may be able to get more healthcare benefits through a humana medicare advantage plan. call the number on your screen now and speak to a licensed humana sales agent to see if you qualify. learn about plans that could give you more healthcare benefits than you have today. depending on the plan you choose, you could have your doctor, hospital and prescription drug coverage in one convenient plan from humana, a company with nearly 60 years of experience in the healthcare industry. you'll have lots of doctors and specialists to choose from. and, if you have medicare and medicaid, a humana plan may give you other important benefits. depending on where you live, they could include

gore gore opposed bipartisan reform.nt plan that lets washington bureaucrats interfere with what your doctors prescribe. the gore prescription plan, bureaucrats decide. the bush prescription plan seniors shoes. >> and professor, man it was pointed out that that george w. bush campaign, prescription drugs, has that subliminal message in that, and i will tell you, viewing it, you see the flash, but it's called the rats ad. tell us why drug this is an ad >> about well, so the word bureaucrats, this is an ad about health care, prescription drug plans, and it is not an ad about -- it's an ad attacking, it is positive and negative, but when the bureaucrats comes up on the screen for one third of one second, it is enlarged and says, you just see the last four letter, our atsc, rats, and some of you are somewhere, not anybody connected with the gore campaign saw it and alerted either somebody in the press for the gore campaign that this thing had shown rats for a third of a second and ensued several days long brouhaha over wheth

bush and al gore closest in u.s. history. our next guest say the outcome of that election paved the way for our current political climate. ♪ ♪ it's still warm. ♪ thanks, alice says hi. for some of us, our daily journey is a short one. save 50% when you pay per mile with allstate. pay less, when you drive less. you've never been in better hands. allstate. click or call for a quote today. lexus has been celebrating driveway moments. here's to one more, the lexus december to remember sales event. lease the 2021 is 300 for $339 a month for 36 months and we'll make your first month's payment. experience amazing at your lexus dealer. that's why we've merged with sprint.get more. and we'll make your first month's payment. now it's about to get even better. and as we work to integrate sprint's network, our nationwide 5g keeps getting stronger. with the capacity and coverage to reach more people and places across the country. who says you can't have it all. now is the time for 5g. now is the time to join t-mobile. beautiful. but when

, thank you, al gore."he wants people to believe that this election was fraudulent. he will ultimately, i believe, give some kind of speech, but it won't be a concession speech, it will be accepting the results in a way, but conceding, if he's conceding anything, conceding that the election was stolen from him. he wants to be able to go out to the 70 plus million people that voted for him and say that he's not a loser, that he didn't lose this thing. the only reason why he's leaving the white house is because the presidency was stolen from him. >> jon and leah, thanks again for your time. this is a conversation i know we will continue in the days and weeks to come. thank you both. >> thank you. >> thank you, byron. >>> when we come back, a warm welcome for one little boy deserving a special surprise. especially in these tis.gs off, but some things are too serious to be ignored. if you still have symptoms of crohn's disease or ulcerative colitis even after trying other medications, it may be a sign of damagi

at the same time, this is different from birth versus gore gore itin bush versus was a handful of countiesn south florida and it was clear whichever way that went would determine the presidency. we are a ways away from deciding the votes that may have come in after election day determine the result. in pennsylvania, much less in the country. ciara: exactly. there are a lot of different reasons why a bush versus gore situation is not comparable. in florida in 2000 it was possible for gore to ask for a partial recount. florida changed its law after 2000. other courts learned from bush versus gore that you do not have to take every election challenge that arrives at your front door. there is something called the political questions doctrine, which allows the federal courts to refuse to hear certain disputes about elections because it is not something that has a judicially manageable standard. david: and to editorialize, critically when the constitution has a procedure for resolving comments as it goes to the congress, not the courts. that is my editorializing. thanks to ciara torres-spelliscy

, gore opposed bipartisan reform.on bureaucrats interfere with what your doctors prescribe. the gore prescription plan, an - bureaucrats decide. the bush prescription plan, seniors choose. >> and professor mann, it was pointed out that that george w. bush campaign on prescription g. drugs has a subliminal message in it, in viewing it you see the flash, but it's called the rat's ad. tell us why. -- >> well,l, so the word bureaucrats, this is an add about health care, prescriptiont drug plans and it's not an ad about -- you know, it's an ad attacking -- positive and negative, but when the word bureaucrats comes up on the ed,o screen foru one-third of one second it's enlarged and you just see the last four letters, r-a-t-s, rats.t so some viewer somewhere not anybody connected with the gore campaign saw it and alerted rat" either somebody in the press or the gore campaign that this thing had -- it had shown rats e for a third of a second and ensued, you know, several days' long brouhaha over whether the bush campaign had

gore.as a seriously thin margin. 1800 votes separating al gore and george bush and the florida supreme court that the u.s. supreme court acted. this is a different scenario but this goes to the functioning of state land we see the justices be fairly skeptical of messing with date law when it comes to these questions. >> and the thing is we have seen that conservative justices because they have had so many cases come up with north carolina and pennsylvania. they have asked for emergency injunctions but they say listen the constitution leaves this voting measures to state legislators that a number of these challenges and the supreme court change the state law so that's not the state legislature asking we have allegations of the same thing happening in alabama and north carolina and other places buried their justices acknowledging there could be some issues here that are in violation of the constitution itself. >> that's exactly right and they referred to state legislatures. you're exactly rig

in 200 0 he was on the ticket with al gore when gore conceded the race to george bush. you wrote recently for the "wall street journal" that al gore taught you importance of accepting an adverse outcome for the good of the country. we know now there's the split in the president's family how they should proceed. the first lady, jared kushner reportedly want him to concede while don jr. and eric want their father to fight on. thank you for being with us. how important is it that the president accept the finality of the outcome of this election? >> first, great to be with you. second, what i learned in 2000 and since, a candidate for the presidency, particularly one that looks like he's going to lose, does have his right to take his case to court. that is where we settle conflicts in our country. not in the streets. but at some point you've got to decide it's time for it to end for the good of the country. president trump has made some very strong claims, as you well know about the election being stolen. the time is coming where he and his lawy lawyers are going to ho prov

bush did and frankly just as al gore did and stop this and let us move forward as a country nevada as attorney general called the trump campaign's voting fraud complaint in his state garbage multiple studies over the years have concluded that vote fraud in the u.s. is extraordinary rare in georgia biden's lead is so slim a recount is being planned as we are closing in on a final count we can begin to look toward our next steps with a margin that small there will be likely a recount in georgia pro trump demonstrators continued to protest around the country convinced that foul play was underway it raises the hair on the back of your neck where they're trying to plan where they're planning to go they're going to they're going to steal this election. meanwhile biden supporters celebrated in the streets of several cities it's unclear whether biden will claim. victory in his speech scheduled for later friday but reportedly president trump has refused to even consider drafting a concession speech that's a sign that the legal battles over this election may stretch on for weeks robert oulds al

florida goes for al gore.ally counting the votes are coming up with a different perspective, and so, we are upbeat about things. florida pulled back into the undecided column. in 2000, florida held the key. whoever won the sunshine state would take the presidency. bush wins, headline of the hour, headline of the year. al gore was on his way to make his concession speech, having already phoned his rival, when his team told him to wait. cbs news says now that florida has pulled back. this race is simply too close to call, and until the results of the recount is concluded, and the results in florida become official, our campaign continues. it was the election of the hanging puck, inconclusive ballot papers that held the result of the whole election in the balance. what ended up happening was 36 days of legal, bureaucratic warfare over which ballots were to be counted, and ultimately, this well of litigation ended up at the doorstep of the supreme court. the supreme court eventually ruled for bush, and the rest, a

elections it has backed the democrats bill clinton and barack obama who won twice john kerry and al gore who didn't but pennsylvania still became part of the so-called democratic blue wall but like so many things all of that changed in 2016 pennsylvania flipped red and he just when donald trump beat hillary clinton by less than one percent now we're going to bring up the 26 electoral map to see who did well where and you've got the democrats down in the southeast they did well the other cities in the suburbs the republicans who won in mostly rural areas did pick up some urban centers and then the 3 counties which we've colored in orange who switched from barack obama in 2 elections to donald trump in 2016 a quick look at some demographics for you and more than 80 percent of pennsylvania's voting population is white blue collar voters who have long been the democrats base non-college educated voters who favor donald trump also 10 percent of eligible voters are black and hispanics a little over 5 percent so it will probably come down to do is urban voters in pennsylvania and whether biden

florida goes for al gore. there isa florida goes for al gore.ho want florida. the network has called this thing but the people actually counting the boats are coming up with a different perspective and so, we are upbeat about things. florida pulled back into the undecided column. in 2000, florida held the key, whoever won the sunshine state would take the presidency. bush wins, headline of the hour, headline of the year. al gore was on his way to make his concession speech having a ready phone his rival when his team told him to wait. cbs news says now that florida has pulled back. this race is simply too close to call, and until the results of the recount is concluded, and the results in florida become official, our campaign continues. it was the election of the hanging, inconclusive ballot papers that held the result of the whole election in the balance. 36 days of legal, bureaucratic warfare over which ballots were to be counted, and ultimately, this is well of litigation ended up at the doorstep of the supreme court to. the supreme court eve

yet, al gore found that in the dignity and to pick up the phone and give a very gracious speech.he same from donald trump, but certainly at least to pull his cards away from the table and leave the room and help that transition of power. so many other people are putting their voices in the same camp. tony, can you take us to the front of the telegraph? two stories there, but its president trump, the pressure growing on him to go quietly. members of the family are supposedly also saying they need are supposedly also saying they need a bit of dignity and grace here. his career is dead, but no one has told him. concede, don't concede, no one ca res. him. concede, don't concede, no one cares. go to the inauguration, don't 90, cares. go to the inauguration, don't go, no one cares what you think. he's going to try some... will go nowhere. we just lost you for a minute. let's jump across to caroline. your line isjittering a bit, let's test it quickly. the second story on the daily telegraph, which i think has really shocked a lot of people is what's going on in denmark. this mutated vir

the problem the gore campaign and the supreme court by a 7-2 vote in 2000 said they violated the due constitution because they tried to count different votes different ways from county to county. only asked for a recount in counties that were democratic controlled. they didn't ask for a recount in the panhandle. they wanted that to stay where it was. al gore only wanted democratic votes to be counted. >> dana: and they tried to throw out military ballots. >> they did throw them out. >> dana: anyway, good to hear from the former vice-president. we are focussed on the presidential election as we should be. there was a lot that happened that was good for republicans and that included with a lot of democrats being very upset it looked like the approach that nancy pelosi and chuck schumer had nearly cost them their races. listen to abigail a democrat that won in 2018 in a swing district and almost lost. she is frustrated. listen here. >> [muffled audio]. if we want to talk about funding social service [inaudible]. [muffled audio]. let's talk about what we are for. we should every use the

gore, married 30 years, father of four. prescription drug prices have skyrocketed. mr. bush: every senior love access to prescription drug benefit. >> al gore pushing a big government planned that will let washington bureaucrats interfere with what your doctors provide -- prescribed. prescription plan -- seniors choose. that professor mann, george bush prescription add has a subliminal message. it is called the rat add, tell us why. the word bureaucrats -- this is about health care, prescription drug plans and it's not an ad about -- is not attacking, is positive and negative, but when the word bureaucrats comes up on the screen, for one third of one second is enlarged, you see the last four letters -- rats. , notviewers somewhere anyone connected with the gore campaign, saw it and alerted someone in the press that this thing had shown "rats" for third of a second and there was a several days long brouhaha about whether the bush campaign implement a subliminal message. there are people you will find you will still have a ve

the example of bush v gore. let's talk about the case pending before the supreme court because at the very same wow specific case and i believe there will be other cases brought before courts and they will be adjudicating other cases before the supreme court, how would you imagine that works on this case in pennsylvania maintaining the rule of law, what the governor of pennsylvania did this, what if laws are broken and those that are written into the laws that are to observe the counting and they will testify to that, how do you remedy that? i don't know how. this >> ultimately, and i think senator graham was onto something. you've got to make a hard decision. the cannot lawfully be counted. it's a tough remedy, but that is the remedy. the ballot was illegal, and if it was not properly authorized in signature, wasn't arriving at the correct time in pennsylvania was on election day not three days later, that's what governor wolf data so you have to make that careful assessment ballot by ballot and some ballots wi

bush against al gore r t is going on the ground host option were times he spoke with trump's impeachment nowhere on the president's chances of winning any upcoming legal battle. if you lose is the election by losing pennsylvania there's a strong argument that his lawyers 'd can make that pennsylvania should not count ballots that came in late it's a technical argument but it's the argument that prevailed in bush versus gore and there are already 3 or 4 justices who agree with that argument but it would take a combination of circumstances during the election to bring that case into a posture where you would win in the court so i think it's unlikely he will prevail in the courts but that's his best shot what sort of time scale are we talking about will it be about a month as it was in 2000 with bush and gore i think we'll have a result within weeks not months if pennsylvania becomes a key state then i think it will take months do you think from always had in mind the 300 judges that were appointed under his administration given that he had already been suspecting vote tampering well i thin

for example i mean that went all the way up to the supreme court to talk with us about you know gore's reaction as the one who lost that case for example and you know how high are your hopes that right now in the united states that the democratic process itself will indeed prevail in the end well what i mean my hopes are high that the institutions can prevail but that depends you know right now i mean the difference 2000 is quite clear you didn't have either candidate tweeting you know with their opinions about how the process should go and you had a candidate al gore that accepted the decision by the supreme court and backed down and allowed for peaceful transfer of power that is different and as richard pointed out you know with unrest it's not just that we can expect unrest we have had unrest for the law. months i mean for the last years but especially from last month's if you think of the democratic governor. of michigan where militia were planning to kidnap her and were egged on by the president in a way in in tweets that came after that so these are you know this idea of unrest i

i'll gore married 30 years, father of four fighting for us. >> under clinton gore prescription priceorge bush has a plan. at a prescription drug benefit for medicare. >> every senior will have access to prescription drug benefit. >> al gore al gore opposed bipartisan reform. he's letting bureaucrats interfere with you doctor to prescribe. -- seniors choose. >> professor man, it was pointed out that that george w. bush campaign on prescription drugs as a subliminal message in it. i tell you you see the flash, it's called the rats ad. tell us why? >> the word bureaucrat, it's an ad about health care and prescription drug plans, it's not an ad about sin at attacking it's positive and negative. but when the word bureaucrat comes up on the screen for one third of a second, it's enlarged and it says the last four letters rats. some of you are somewhere that anyone connected with the gore campaign sought and alerted that this thing it had shown rats for a third of a second. and ensued several days long brouhaha of one of the bush campaign had planted a subliminal message into the spot. ther

sort of time scale are we talking about would it be about a month as it was in 2000 with bush and gore i think we'll have a result within weeks not months in pennsylvania becomes a key state then i think it will take months do you think from always had in mind the 300 judges that were appointed under his administration given that he had already been suspecting vote tampering well i think he there are a lot of reasons why he wanted to appoint lots of judges his base wants conservative judges but i think part of the reason may very well have been as a backstop as a protection in the event that he had to take the election to court any president would think in those terms supporters of trump say he shouldn't have given that press conference on the night saying there is fraud and waited a little bit do you think that will affect any court outcome because he was alleging both little fruit even before the election and of course on the night rather than saying this is the state of play at the moment we'll wait and see i don't think that kind of statement affects the courts it was done after th

controversially it cropped up in bush versus gore.ll see if there is interest in the supreme court to revisit the issue. david: give us a sense of the compressed time horizon. it is not just the swearing of the next president, which is specified for january. there is the electoral college. that was part of the impetus for the supreme court last time around. that is why we have an early december deadline. derek: that's right. the electors meet on december 14. that is the dropdead date. before that there is this a farmer deadline on december 8 where congress has indicated a preference for states to resolve their disputes. that safe harbor deadline was important in bush versus gore. the florida supreme court found there was a legislative intent to take advantage and resolve everything by that deadline. that was one thing supreme court attached saying they needed to stop. pennsylvania and some states will get these results. there will be opportunities to file for recount starting next week. if it is narrow and the statutes authorize you t

vhat is exactly what bush bi gore is talking about. it is about a classic case of unequal protection. that is the point. the unassailable equal protection claim" the two plaintiffs. particularly mr. henry, who happens to have done exactly in his county where he was denied the right to vote, what happened in philadelphia where they were given the right. and if the commonwealth -- it is the commonwealth that denies him the right to vote, not the county. >> you don't allege that she personally rejected the plaintiffs votes or had any authority to do so, so could you explain how the secretary of the commonwealth's actions caused lancaster or free of counties to deny the plaintiffs the right to vote? 'sw did secretary bookckvar actions affect these individual voters in lancaster and fayette counties? review ouror, if you motion for temporary injunction, you will see that the secretary -- she is not an elected official and does not have the authority to interpret the law or change the law. periodically, she would put outside, in not all coun

gore. i was a seriously thin margin. 1800 votes separating al gore and george bush and the florida supreme court that the u.s. supreme court acted. this is a different scenario but this goes to the functioning of state land we see the justices be fairly skeptical of messing with date law when it comes to these questions. >> and the thing is we have seen that conservative justices because they have had so many cases come up with north carolina and pennsylvania. they have asked for emergency injunctions but they say listen the constitution leaves this voting measures to state legislators that a number of these challenges and the supreme court change the state law so that's not the state legislature asking we have allegations of the same thing happening in alabama and north carolina and other places buried their justices acknowledging there could be some issues here that are in violation of the constitution itself. >> that's exactly right and they referred to state legislatures. you're exactly

bush did, and as al gore did. >> why hasn't this race been called yet? it's been a couple of days since election day, and to the answer is, this race is just too close, and there's a lot of uncertainty over those male and ballots. at the trump campaign and republicans in the state are waging several different legal battles when they come into the c14, especially the 14,000 that were postmarked on election day but arrived to the voting centers three days later. up until today, the secretary of the commonwealth has said that those are allowed to be counted. if the trump campaign says the deadline extension was done unlawfully, and they don't want these ballots counted as he mentioned a short while ago. scotus has now ordered that all pennsylvania male and ballots received after 8:00 on election day should be segregated, put to the side, but also be secure. if they are counted, they must be counted separately in a different pile. again, those biden supporters, they won every single one of those male and ballots counted. if they believe if they were counted,

bush and al gore that legal battle went on for 37 days before it was finally settled by the supreme court and it was over one state so as these legal challenges go forward here in the united states it's very possible they could drag out for at least 30 days if not even longer because of the fact that so many states are involved but what it really comes down to whether or not judges are even willing to hear these cases even so as of right now joe biden is projected to be the $46.00 president of the united states while seems like it could be a drawn out election season this year ben swan thank you very much for those election updates. donald trump's personal lawyer rudy giuliani has stressed the allegations of fraud will see the election end up in the courts. baeza lawsuit will be brought starting on monday. but the 1st time it was discovered was here in pennsylvania just a couple of days ago. the people you see behind me are just a few of about i'd say 50 to 60 poll watchers. who will all testify that they were uniformly deprived of their right to inspect any single part of the mail in bal

why not do what we allowed al gore to do? and i say we — the system, not george bush.? because i do know that he can start having discussions and cabinet choices and there's a lot he can get done, even if the gsa doesn't let them inside the buildings. that's not a big deal. well, there's no point rehashing it all for the next five minutes, mr kingston. but as i've already explained, the truth is you're not presenting evidence that any judge across the country is taking seriously right now. so there's nothing, there's nothing to pass. it's not there for you. your case doesn't exist. are you saying not a single judge is? because in my home county friday afternoon, judge bass was looking at the case. now, he did not rule in our favour. yeah, absolutely. that's what i'm telling you. but the point is, we need to look at the bigger picture here, because you could argue, and i want to hear your view on this, that if donald trump, with his martyr‘s mentality and his populist message and the notion that he's been robbed of the white house, if he's going to be the shadow that ha

bush against al gore. well, they were jute big differences.that's one that margin in pennsylvania was over $46000.00 votes, so you would have to be able to walk into court with credible evidence that there were well in 46000 ballots. the validity in which part in question i haven't even seen anybody come in with a 100 pieces of evidence of a flaw regularity a 2nd in 2000, the problem was one that everybody acknowledged. it was a expect that leave you signed a ballot, and there were many, many thousands of doubts that had been rejected by the other readers. and a difference was only 537 votes, so that was a big difference from what we're doing with here. ok, so the monitoring doesn't matter so much. what about military ballots that have yet to come in? because, you know, trump says that he wants the troops home from afghanistan by christmas. and biden has been a bit more nuanced about his position on afghanistan. you know that the military ballots could turn over the margins you just talked about. it depends upon the number of military ballots

sort of time scale are we talking about would it be about a month as it was in 2000 with bush and gore i think we'll 'd have a result within weeks not months if pennsylvania becomes a key state then i think it will take months do you think trump always had in mind the 300 judges that were appointed under his administration given that he had already been suspecting vote tampering well i think he there are a lot of reasons why he wanted to appoint lots of judges his base wants conservative judges but i think part of the reason may very well have been as a backstop as a protection in the event that he had to take the election to court any president would think in those terms supporters of trump say he shouldn't have given that press conference on the night saying there is fraud and waited a little bit do you think that will affect any court outcome because he was alleging both before it even before the election and of course on the night rather than saying this is the state of play at the moment we'll wait and see i don't think that kind of statement affects the course it was done at. the

what it really comes down to but also again for that historical context in the one state where al gore contested the election in the year 2000 the counting in that state went on for an additional 37 days who knows how long it will go on here in the u.s. beyond election day if we have multiple lawsuits moving forward again in multiple states well then it seems likely that this election isn't going to be decided in the ballot box but rather in the court room. thank you very much for those election updates. now donald trump's personal lawyer rudy giuliani has stressed the election the allegations of fraud will see the election end up in the courts. lawsuit will be brought starting on monday. but the 1st time it was discovered was here in pennsylvania just a couple of days ago. the people you see behind me are just a few of about i'd say 50 to 60 poll watchers who will all testify that they were uniformly deprived of their right to inspect any single part of the mail in ballots as you know from the very beginning the mail in ballots were a source of some degree of skepticism if not a lot o

off on an election that is visibly felt evidently got problems we need to investigate these as al gore did for 40 days back in the day against george bush in florida we need to do this in all the swing states and donald trump's legal team is up to it and getting it done. well if this election season has proven anything it's certainly that america's in a deeply divided divison of situation right now the population voting almost half and half are biden and trump and now joe biden is calling for unity saying that he'll be the president for all americans but what about his strong rhetoric before the election do you think that the you know biden and ministration would be able to mend the divisions in society. yeah people tend to forget what they said a month ago and just come out with what they think people need to hear now that's traditional in politics in america and everywhere else as the problem with joe biden is he's got ghosts of the zone and shadows chasing him around he's got the laptop from his son hunter biden with the evidence that they are all of him having sold influence to the

he had no interest in facts and sitting there figuring out what was in the minds of al gore or warren christopher. that might have been hard for holbrooke to negotiate in this particular situation and you also have to come back to comment do you have the respect to command your own team? i think that was one of baker's hidden assets always dealing with risk. certainly we had a debate about this word to the closest secretary of state and present orc the closest is secretary of state and president since madison and jefferson? i'm not so sure because i'm not an expert on madison or jefferson. i know that jim baker would have appreciated richard holbrooke as a worthy adversary and a debate partner. that's for sure. he recognizes excellence and by the way women and men he liked to play tennis against the good players and he would have known holbrooke has a good player. >> it's a great thought experiment to think about what it would have been acre versus holbrooke. pickup -- let me ask you he talked about in the end richard holbrooke didn't really know himself. does jim baker know himself?

by the way, the same guy who headed up the gore recount effort in 2000 that lasted 27 days. we forgot about that. here to break it all down, the architect, fox news can ship your karl rove. all right, mr. architect.

gore which we all remember, of course, bush v. gore was happening in one state.s a few hundred votes in the final count between the two, and there were specific allegations about, you know, votes not being counted properly. is it part of the president's problem here that you've got several states he needs to essentially overturn the current voting numbers in several states which are already in terms of thousands of votes, and he's got to find the evidence to do that? it does sound like a pretty tall order. >> it is a tall order, and, you know, with respect to you have to look at this, we don't know what the final count will be yet. but you also have to consider he's in the position that let's say he can flip a state, which is very uphill in terms of litigation. you have to then ask would flipping that state change the outcome. and it may be that he needs to win not just, you know, the court litigations in one state, it could be multiple states. so this is very uphull. but, you know -- uphill. but, you know, it's not a crisis of the regime. we have laws in place f