Florida by 3. 4 . He said that he would have won the election legally right now Vice President biden leads President Trump in the total votes counted by 3. 9 million he said he will not allow the corruption to steal the election there is no indication of any corruption to steal the election and no evidence thereof has been offered. He said that they dont want anyone watching as they count the ballots. This is categoric false in each case observers are allowed from both sides of the political aisle to watch the county the counting happen he said that they are trying to commit election fraud. Categorically false. In the state of georgia, the secretary of state was asked if there had been any voter fraud investigations of yet and the secretary of state in the state of georgia said, there have been no complaints of voter fraud by democrats or republicans and as a result, there have been no investigations of voter fraud. The truth is the count continues. The vote ended at different times as set by law and structure in states and counties across the nation on election day, tuesday, november 3rd the vote stopped and the counting began in some cases, ballots were allowed by mailin as long as postmarked by the end of the day on november 3rd to be counted for a few more days, pennsylvania, the republican controlled state created rules that allowed for the voting the counting to continue through friday of this week. So until tomorrow. No votes are being allowed after november the 3rd in some states they have to arrive by november the 3rd but allegations of voter fraud, allegations of trying to steal the election, none of that is true not one word eamon javers is with us from washington eamon, i guess it was 3 00 in the morning yesterday after an all night, after Election Night he came to the podium and issued a series of false statements then hes issuing a series of false statements now yeah, shep, what were looking at tonight is a president of the United States attacking the credibility of a free and Fair Election in the United States of america its not something that any american has witnessed before as the president is now leaving the Briefing Room. I can tell you that one of the arguments that the president made in sort of suggesting that there was some fraud here was this idea he said its amazing how the mailin ballots are so onesided. Well, the president there ignoring the fact, completely walking past the fact that he spent weeks of time arguing that mailin ballots were dangerous, that his supporters should not send their ballots in through the mail, that that was not an acceptable way to vote and urging people to vote in person saying that was the only legitimate way to vote so people who supported trump did that after he made that argument. People who supported biden by and large were wary of covid and decided to mail their ballots in, so thats the reason that the mailin ballots are overwhelmingly biden not anything else. The president throwing that out there, in fact, as an argument for why theres buy dwas in the counting process and ignoring his own role in setting that up in the first place weve just never seen anything like this in american tryst and interesting to see what the reaction s one of the things can i tell you weve been getting new data during the course of the day today in all of these battleground states that are still hanging fire five states out there, still hanging in the balance new count in pennsylvania, new count in georgia, the balance in georgia is tightening tonight. They were down to 9,000 votes earlier. Theyre less than that, im told now, that state is a traditionally red state. The president here tonight listing a long list of his accomplishments and he did have many in this election. He won florida, he won ohio. He won a number of other states by convincing margins, but the state of georgia is in play for democrats right now which indicates that republicans are having trouble there holding on to a historically very red seat. This is a situation that the president is in, hes now declared victory in this election, shep and hes out here tonight in the Briefing Room of the white house talking to america and the world and saying that hes been dealt with unfairly. One thing to note, shep, not at his side today for these comments was the Vice President mike pence, shep i was going to ask you about that mike pence was nowhere to be found. The lawyers that hes been using throughout the day are from his inner circle rudy giuliani, jay sekulow, pam bondi and other, but it was our understanding he was trying to recute other lawyers for these legal challenge, by the way, the only legal challenge that cnbc is aware of that has been passed is that one about distance from the poll viewing of Allegheny County, pennsylvania the rest of them, correct me if im wrong, have all been reje rejected or are still in the work. Michigan and georgia rejected today as the president was arguing in various fronts today, but lawyers im sorry, the courts in those states saying theres just not enough evidence of what youre saying in court you have to present evidence theres been some illegal activity here, some wrongdoing in order to make them go you cant simply File Lawsuits so the Trump Campaign is really struggling and it comes after a day when we saw the president s sons venting on twitter their frustration, enormous frustration in the Republican Party and in particular the potential republican candidates in 2024 who are sort of wading g in the wings how come theyre not doing enough now they are frustrated this president is not seeing sort of a rally around the leader effect among fellow republicans and we saw an interesting defection today as we look at the White House PressBriefing Room tonight. Everybody remembers sean spicer, the president s first press secretary. Spicer who has been a loyal supporter of the president since being fired by him came out today and said that he doesnt see any evidence of voter fraud out there despite what the president has been arguing today and we just saw him argue in the Briefing Room. Spicer saying, you know, you just cant throw an allegation like that without specific evidence and urging the president if he has any to provide any evidence for that. Eamon, well back to you. So why all the distractions . And why, frankly as just documented all of the misstatements . Well, there is a wave as he discussed, but its not coming his way. The margins are razor thin across the board right now were watching pennsylvania very closely and i want to show you this. The secretary of state said we could know the winner tonight in the state of pennsylvania. If Vice President biden wins the commonwealth of pennsylvania, this is over ill show you where we are now im no kornacki but ive learned to work it this is pennsylvania this is philadelphia county. Lets go to pennsylvania itself. Talk me through this, folks. I know how to do that. Pennsylvania, here we go this is pennsylvania right now thats for the presidency and now pennsylvania too close to call still. President trumps lead has now gone down to 73,609. Lets look at some counties here this is philadelphia county. 87 of the vote is in and you can see the margin here. So whats left to get in here . 13 of the vote. Throughout the afternoon in all of the counties across pennsylvania, as these mailin ballots have been coming in because thats what were down too, mailin ballots, the Vice President , Vice President biden has been winning by about 70 with every drop of ballots and were expecting more throughout the night. This is philadelphia county. We still have a lot to come in you saw it just updated again and if he wins by 70 this all of these counties, thats philadelphia county, this is delaware county. You can see 85 in there heres bucks county, still 8 more percent to go there this is montgomery county, 95 in the fact of the matter is if the trends continue, if the trends continue, this date this commonwealth could very well go to Vice President biden. Lets look at arizona now. Arizona is another state that weve been watching and to get to that i think i double click here well get there. This is arizona. Statewide, 86 in. Vice President Biden is winning by 65,000 votes. Arizona is one that as you know some have called, we have not, because the data isnt there to support it arizona could go either way and thats why the nbc news decision desk has decided that fornow its too close to call now lets take a look at the state of georgia in the state of georgia, here are the numbers now. The president is now winning by 3,635 votes. Every time there is an update from the state of georgia, it gets closer and closer we still have 2 to go were still waiting on these look at the area around savannah 95 here but the president has a clear historic lead throughout all of this in addition, here in liberty county, 99 in now and the area around augusta, georgia, same thing. You can see where there are pockets where there is still a lot theres still a lot of votes to come in dekalb county, georgia, atlanta, is one of them and heres another in Fulton County, georgia. Many more votes to be counted in the state of georgia now, lets look at the state of nevada in nevada, the statewide poll has 89 of all of the votes in, have been biden is leading here and here in washo kobe bryant, 94 of the vote in, expecting more tonight they say there are 189,000 ballots left, 09 in heavily democratic clark county. Thats las vegas and 88 are in Vice President biden has a lead here and because these are mailin ballots, thats expected to continue. Now, lets look at North CarolinaNorth Carolina has another week and i think they have a full screen of North Carolina to show you. Theres another week to go in North Carolina because of delays itll be november the 13th before the rest before the full tranche of votes come in from the state of North Carolina so one week from today President Trump has made his stance clear, stop the count he tweeted that in all caps just this morning his lawyers keeping up their legal blitz suing to halt ballot counting in states that could tip the election in bidens favor. Its been tense outside ballot counting sites the president s supporters facing off with Vice President bidens supporters one side chanting count every vote and the other side, stop the count. I dont need to back up because its my right. This is my right [ crowd chanting ] corruption. These people dont know what theyre talking about. What are you talking about . Where did you guys come from gentleman. The Trump Campaign made claims without any evidence to support them of voter fraud. You heard it just a moment ago nbc news correspondent Jacob Soboroff demanded proof. Mr. Grenell, acting gnism, where is the evidence of the fraud . You havent presented any evidence of fraud. Where is the evidence they presented no evidence of fraud. So were live on msnbc you said thousands of illegitimate ballots thousands of illegitimate ballots. Where are they. Jacob speaking to craig melvin on our Sister Network msnbc. That was in clark county, nevada the facts, there are no reports of voter fraud in clark county, nevada then theres pennsylvania where the secretary of state said now 100 minutes ago that there has not been one complaint of voter fraud in pennsylvania. No accusations and no investigations we have reporters in key states across the country as the results come in. First to Geoff Bennett at biden headquarters Vice President biden is urging both sides to stay calm and let the process play out reporter thats right, shep. Good evening when we spoke around this time yesterday i was telling you how the mood was one of cautious optimism at this hour this evening they believe victory is imminent best expressed by the candidate himself in remarks he delivered earlier today. Take a look. We have no doubt that when the count is finished senator harris and i will be declared the winners. So i ask everyone to stay calm, all the people to stay calm. The process is working the count is being completed reporter so joe biden there urging calm and the reason why his campaign feels as if he is on good footing is because of all of the data that they are seeing in those states that you just ticked through. They are claiming arizona even though to be clear nbc news, cnbc has not projected that state. They are looking at the vote to come in nevada they feel good about that and pennsylvania, the word earlier today is that they expect by the end of the day and they hope that day is today that pennsylvania will fall to joe biden, elected democrat there in that state tells mike memoli was to celebrate but get ready to work because a lot of work lie as head. Geoff, thanks very much it would be helpful to speak live with the secretary of state of the state of arizona. Because the accusation is in of widespread voter fraud there and well do that right after this announcer live from cnbc headquarters, the news with shepard smith. Continuing coverage of the vote the aftermath and overtime and the count most specifically. Look at the state of arizona now. In the state of arizona, theyre still counting and they will continue to count. Vice President Biden now leads by the numbers you see on your screen and they are working to get the rest of the votes counted in the valley of the sun. Lets drill down here. Lets bring in katie hobbs shes the secretary of state in arizona. Good to see you, maam thank you. Hi. The accusation today from rick grenell from the Trump Campaign, former director of national intelligence, former ambassador of widespread voter fraud speaking specifically to your area. How would you respond to that . There is actually there is absolutely no merit to any claims of widespread astronauter fraud and it is not something we have experienced here. Has one arizonan even one complained to the secretary of States Office or anyone else about voting fraud were actually being flooded with calls and emails right now and i havent had a chance to look at all of them. To your knowledge. Yeah to, my knowledge, we dont have any specific reports of anything specific you have monitors at all of your polling locations, correct . Theyre allowed its up to the county parties to send them and so i dont know that they were at every single one but theyre absolutely allowed. But your poll workers would report such things if they were complained to about them, correct . Oh, absolutely. Absolutely poll workers, their job is to maintain the integrity of the election at each polling site. Theyre such an important part of the process and they are employees who are hired by the counties and theyre required to uphold the laws in terms of elections. There are accusations people are allowed to vote after the polls closed was there one vote cast after the polls closed in your state if somebody is in line at the time that the polls close, if theyre waiting to vote and polls close at 7 00 p. M. , they are allowed to stay in line and cast their ballot if theyre in line when the polls close. I cant confirm that did or didnt happen because i dont know but it is allowed under law and thats the case in most states youve made these appearances on television quite frequently i personally as a matter of opinion here think thats probably a good thing for the people to hear clarity from those in charge ms. Hobbs, what is it like to hear this from the president of the United States on the work you do. Honestly as an election official its really frustrating and it makes our job harder. Secretaries of state and other Election Officials have a responsibility to ensure the integrity of our elections and not only do that but maintain the Publics Trust and confidence in the systems and in this important Democratic Institution and it makes our job so much harder when people like the president are saying who dont even know anything about how these processes work and is frankly just making things up and people believe him and so it just makes our job that much harder. Simokatie hobbs, thanks for r late count when do you believe the count for the day and then into totality may be completed . Is it possible to estimate such a thing . Yes, so Maricopa County is the bulk of where the ballots are, around 300,000 for the state or Maricopa County they are updating their vote totals every day at 7 00 p. M. Arizona time so well see that in a couple of hours and then they said theyll do that every day until theyre done they told us today that they expect to get through the bulk of those ballots this weekend. Katie hobbs, all the best to you and your people working so hard we thank you thank you so much election analysis now, a look at some of the close key states, larry sabato is back with us,ability director of the university of virginia, center for politics and wanted to focus on a few states and we will. You witnessed what all the rest of us never in my 30year career have i ever interrupted a president of the United States and weve held back from doing so over and over and overs while others have but if any other human being were using our platform of influence to lie to our viewers, we would stop them. And, frankly, enough is enough i wonder how you felt about that display. I agree 100 with what you did. I was watching and i have to say President Trump over the years has had a number of untruthful disgraceful performances this is right at the top completely disgraceful, undermining the american electoral system and helping our foe, not our friends, so, you know, hell have to answer that in history but you did exactly the right thing. It should have been done all along beginning in 2016 during the campaign you know, larry, there are rules with the white house that have always stood since you dont interrupt the president. We dont put lower thirds, we dont put banners at the bottom of the screen when the president talks. If he talks about something, we dont cover him with video the president gets you dont put his name and his title at the bottom like you do with everyone else. There are special rules for the president because the presidency is to be respected and revered no matter who youre for or against, doesnt matter, you respect it and those are our ways those are the norms in television the norms are all gone yeah. Well, and the norms in Government Politics are gone too. Thats not just Donald Trumps fault. But he certainly has contributed to it and as far as respect goes, as a classroom teacher, i know that no matter what your position is and no matter what youre owed because of that position, you have to earn your own respect by what you do and say. And thats where donald trump has failed miserably as a professor at one of, you know, the most respected centers for politics in our country, how do you convey this to your students i convey it just honestly and say that this is an exceptional president , that you can call him a fluke if you want to but hes in office, he got four years, and the things that he has done and said have not been representative of the things that other president s have done and said in difficult circumstances. My god, you know, Richard Nixon was ousted from office and he did and said some things that were unfortunate but he didnt do these kind of things. Weve had other president s, jimmy carter, george h. W. Bush, gerald ford, they accepted their defeats, they werent happy about it they certainly expressed that to their family and friends, but they knew that it was their responsibility to accept the verdict of the people and that is what donald trump is denying. Look, everybody can see whats unfolding here everybody. And we know whats happening in the states, perfectly legitimate just like secretary hobbs said the counting is going on because every vote cast deserves to be counted and then the facts will be apparent to everyone and its up to us as citizens, were important too. Its up to us as citizens to accept the fact and insist that the facts be respected certainly with respect to the electoral process. Were going to continue with the truth, the facts and the news in just a moment. Could you stay through a commercial, a quick one . Sure. Okay. Because heres what we want to do the counting is on in georgia. And when doing the math, this is a data house, theyve run the statistics if the pattern continues which is held throughout the day, this night, georgia will go to the democrats. And i want to drill down into the numbers and the counties with larry sabato and we will when the news continues after this alright, i brought in ensure max protein to give you the protein you need with less of the sugar you dont. [grunting noise] ill take that. Woohoo 30 grams of protein and 1 gram of sugar. Ensure max protein. With nutrients to support immune health. You can go your own way go your own way your wireless. Your rules. Only Xfinity Mobile lets you choose shared data, unlimited or a mix of each. And switch anytime so you only pay for the data you need. Switch and save hundreds on your wireless bill. Plus, get 300 off when you buy the Samsung Galaxy note20 ultra 5g. Learn more at your local xfinity store today. All eyes on pennsylvania as President Trumps lead there continues to slip. Frank holland is in philly where theyre still counting frank, to you. Reporter yeah, shep, tonight they are still counting but at the last count 87 of pennsylvanias counts have been counted. The Trump Campaign takes legal action to try to stop the counting of those legal ballots altogether and aiming for its representatives to have more access to the ballot counting and it also wants to stop the counting of mailin ballots received after election day here in pennsylvania. So a lot of legal action there by the Trump Campaign. Now, that litigation temporarily halted mailin ballots and their counting the city appealed and resumed the count. Waiting on the corrs to make a final decision on that matter. And as all this legal wrangling continues, the city has in the most recent tally from the state counted 273,000 mailin ballots and has 84,000 remaining that are expected to be largely for joe biden. Now, that 84,000 number is ticking lower every minute, every second but still it is a very key number because President Trump holes a very slim lead here in the keystone state ahead by less than 64,000 votes and that continues to shrink after all the mailin ballots received by 8 00 p. M. On election day are counted the secretary of state says the counting is ahead of schedule and she estimates it will be completed sometime on friday again, that is an estimate so after that is all counted the state will count mailin ballots received by 8 00 p. M. On election day and ap. M. On friday the postelection ballots are kept separate in the meantime, and they will again be counted after all the ballots that are received by election day have been counted shep Frank Holland in philly, back to him as breaking news warrants now, for some analysis back to larry sabato who is with us from the university of Virginia Center for politics. On pennsylvania youve seen the trend today. What are you seeing . Well, the trend is very favorable to joe biden i think the president still has enough of a lead, tens of thousands of votes so that we should be very careful youre being careful nbc is being careful i hope others are as well. Theres a big gap there, it can be closed with whats remaining outside and, remember, all votes have to be counted what do we say every election. All votes matter all votes must be counted. And people have forgotten already, i guess, why there are so many mailin ballots. Theres this thing called a pandemic and many people decided to vote early to make sure their vote got there particularly with the problems in the post office, thats why theres such an overload of mailed ballots they have to be counted. Laws were changed to make it easier in some states to both cast a mailin ballot and have it counted all is legitimate. In fact, you could say it was very much called for all right, larry, stay with us i want to go to other states so theres pennsylvania. Thats the updated numbers as the numbers change well report the change to you. Lets go to georgia. The president s lead has plunged to just 3400 votes as the votes come in from heavily democratic areas like Fulton County which is the home of atlanta, were still waiting for choates from chatham county, the city of savannah and another democratic stronghold. Another metro area that could tip the race to biden. Cnbcs Contessa Brewer is in alma, georgia, con tested. The president s lead there is razor thin reporter i think we could come up with other words than razor thin so incredibly close. Just 0. 07 separating trump and biden after new ballot counts were released at the top of the hour while the president has dominated these Rural Counties absentee ballots keep shrinking his lead 24 hours later he led by 23,000 votes as the democratic dominated metro area saw them processed as you mentioned 3635 separate the two and when the remaining ones are processed we may not have official totals. They have to go through provisional ballots. Cured ballots where they had discrepancies and were resolved and overseas military ballots and have ten days from election day. Further, if a candidate wins by less than half a percent he can demand a recount so you can see where thats heading. Also by the way, georgia may hold the keys to control of the Senate Candidates there need to get 50 of the vote for face off in a runoff well we know that will happen in one race where Raphael Warnock will face off with Kelly Loeffler they would be held on january 59 we may not know who gets control of the senate until after the new congress is sworn in thanks, contessa. Back to larry. Georgia, you know, what does it look like to you clearly, the odds heavily favor joe biden winning those 16 electoral votes. Could something happen could we hit pockets of trump votes in even blue territory theoretically it could come on, 3,000 and some votes . I think its obvious to everybody that georgia is probably going for biden and, you know, things are closing in on donald trump and the decision cant announce it till its there. Once its there well have a president elect. Nevada and well be back around 190,000 ballots remain uncounted in nevada. Nbc news has that race too close to call. Joe biden is leading by about 11,000 votes 11,000 votes separate the two kate rogers is live in reno, nevada why is the counting there, kate, taking so long reporter well, shep, youre not the only one asking. Local Election Officials have been taking heat over the pace of counting but should know this is the first time in the States History theyve this universal mailin voting were here in Washoe County and they say theyve been inundated with such a high volume and may be a bit slower going but shes proud, the pace is about what was to be expected and most of the votes have been counted but theyre still working through mailin ballots postmarked before election day. It is a different story, though, 450 miles south of here in clark county, home to las vegas, where we heard from registrar joe gloria who said they spent today counting 51,000 votes and we should expect those results tomorrow there are still 63,000 votes in clark county that have to be verified before they can be counted. There are still mailin ballots that are on the way. Officials are not sure how many to expect there. Then youve got 60,000 provisional ballots and not done here, 2100 ballots in the cure possess, about 44,000 i. D. Required ballots all have to process. The Trump Campaign looking to make up ground in this tightly contested state in any way they can. Today they held a News Conference threatening to file a federal lawsuit claiming of tens of thousands of nonresidents voting in the state. I asked Washoe County registrar deanna spicula about that. We have a provision to cast a ballot for people who have moved into the state and werent eligible to receive a full ballot because theyve been here resided here less than 30 days so they werent newly eligible to be able to cast a full ballot in the state so we do have some of those ballots that will be casting but, again, its probably under 50 that we will have to cast but, again, those are not nonresidents those are new residents. Yes, exactly. Reporter here in washoe, they are Live Streaming the entire ballot counting process. Kate, theres a Trump Campaign lawsuit there is there any movement on that in nevada reporter so, there is the one over the nonresident allegations but then, shep, there is also a second one, the lawsuit that the Trump Campaign is an effort to stop clark county from using a signature verification machine and in a filing to the Nevada Supreme Court today late in the afternoon the Trump Campaign said they are willing to drop the lawsuit, that would be in exchange for increased access to a ballot processing site the state democratic party, though, has not agreed to those terms just yet back over to you kate, thank you very much. Larry sabato, nevada, a similar story or whats your read there . Very similar. The biden lead has gone up from about 8,000 to 11,000 plus one of the very best analysts in nevada, maybe the best is john ralston, had a relationship from time to time with nbc. He has said that biden will win nevada it wont even be particularly close and i defer to his judgment big picture, the president talks about the polls. He calls them suppression polls. Theres no evidence of that and really no real accusations of that outside of the president himself. But the polls were a mess. Yes, oh, theres no question about that ive said many times im glad im not a pollster and ive been criticizing them for a long time and especially now this is the second election in a row, i dont even know how they fix it at this point they had four years to work on it larry sabato, good luck thank you. Ill see you in the next hour. Thank you, shep. All right, so the legal challenges that are out there. Is there merit to any of them . You know, theyve slowed down the count. Theyve stopped the count repeatedly the president tweeted, stop the count. And then he tweeted stop the fraud. He stopped tweeting. 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Woman now is the time to ask your dermatologist about skyrizi. Balanced nutrition for strength and energy. Whoohoo great tasting ensure with 9 grams of protein, 27 vitamins and minerals, and nutrients to support immune health. The vote and were watching the count and should there be a change of significance anywhere in the country that theyre counting well break out of this and go to it immediately. For now though the lawsuits. At least a half dozen lawsuits have been filed and counting the campaign, the president s campaign targeting michigan, pennsylvania, georgia and nevada but some cases have already been thrown out a judge in michigan denied a request to stop the ballot counting completely. A judge in georgia rejected claims that ballots were being mixed up cnbcs scott cohn. What is the strategy and are any sticking reporter you know, its mixed and well get into what that strategy is by the way im in North Carolina this seems to be the only state of those not called states that doesnt have an active lawsuit yet but they seem to be laying the groundwork for it a short time ago the head of the state Republican Party talking about the count that resumes next week at the absentee and provisional ballots alleging again without evidence that the state board of elections is hiding evidence the emphasis is on the states where they are counting. Look at nevada and you heard a little bit about that, the main suit there unveiled with lots of fanfare. We dont know if its filed but the allegation is that theyre counting ballots that were sent to nonresidents, even dead people, again, no evidence cited by the campaign and would love to get an eye on that. 10,000 fraudulents ballot, they say, about the size of joe bidens margin at that time. Even if they could somehow identify every ballot in nevada and get all of them thrown out, its not clear whether this suit or any of the others could affect the final outcome generally speaking you dont have candidates who come in to stop the actual counting of votes. You wait until the votes are counted then you make arguments about why there are sort of infirmities in the count reporter but that may not be the immediate strategy and this is where we get into that strategy remember 2000, bush versus gore, anybody that was close to that and i was in nashville covering the Gore Campaign for cnbc that year the air went out of everything as soon as the network started calling the race for george w. Bush at that 270 electoral votes. It changes the entire dynamic so the immediate concern for the Trump Campaign may be to just slow things down that explains the suits in pennsylvania where they have tried successfully briefly to halt the count in philadelphia over the issue of observers. That count back up again, but the Trump Administration, Trump Campaign i should say is trying to go back and get thatstopped again so everything is about slowing things down and then theres the court of Public Opinion and the more this drags out the more that gets loud and raucous and nasty. Youve seen the protests and just about every place that they are counting the votes and also on social media. Facebook shutting down a group with some 360,000 members called stop the steal saying that that may be aimed at delegitimizing the election process and perhaps inciting violence. If you want to know whether all of this is real, both campaigns now launching Fundraising Efforts to pay for the legal challenges to follow shep. Scott cohn live for us, cnbcs own caroline polisi. Caroline, any youve looked through these lawsuits does one of them have merit . Well, as i said last night, you know, we did see in Allegheny County, we did see that the court had some sympathy for the gop position which was look, the word observe actually means observe, see it with your own eyes, however, shep, i would just say that it doesnt really make that much of a difference, you know theyre making sort of a mountain out of a mole hill. Its a patchwork legal strategy that were seeing across the board here at least in bush v. Gore each side could be consistent but in this case trump has lawsuits arguing inconsistent positions across the country so in one case hes saying stop the votes and in another hes saying recount so, you know, he lacks like a legitimate argument when you undercut your argument in various places across the country so, you know, whether or not there is merit i dont think its really going to matter in a big way two were tossed already today and the one you were talking about referenced how close the observers could be that was in Allegheny County and they let them get a little closer and that was that thats right. Shep you know, the Trump Administration or campaign would have you believe theres this widespread voter fraud going on. Well, time after time court after court has thrown out these cases because the way it works, shep, is not you dont get a presumption of voter fraud and then the states have to prove that there wasnt voter fraud. There is a presumption in this country that our elections are fair just as a federal judge will tell any defendant youre not entitled to a perfect trial. Youre entitled to a fair trial. Same thing with the electoral system you know, things arent going to be perfect not every single ballot is going to be perfect. Things will get through the cracks but on the whole it is fair and that is what we know on the whole based on Empirical Data in terms of voter fraud there is no widescale threat to this election. Lets lift the veil a little bit on these lawsuits. First of all, the Vice President was not with the president at that speech today. Secondly, the lawyers who were filing these lawsuits, jay sekulow who many of you may know from television, rudy giuliani, whom everybody has come to know, and a couple of others including pam bondi who is a president supporter from florida, the big name lawyers who would represent a president in such a matter, our sources tell us they called and they said no theres the fact is, shep, you cant be a lawyer and maintain your integrity and argue baseless arguments. Thats kind of a foundational principle of the trade and so, you know, i just frankly think that nobody is willing to put their reputation on the line making really these ridiculous arguments. Honestly i cant follow what hes trying to argue legally hes throwing around terps voter suppression, voter fraud, its very odd, you know, were in the midst of a Global Pandemic he seems not to acknowledge that situation. That is why were seeing unprecedented amounts of vote by mail states chose to allow its citizens not to have to choose between their health and actually casting a vote. Exercising their right to vote and thats why were seeing so many mailin ballots there isnt a red wave it is a red mirage thats the way the states are counting, inperson votes first and then the mailin ballots now, President Trump may be upset because the mailin ballots arent for him but he dissuaded his voters from voting that way its illogical obviously it makes sense the gaps will close when they start counting the mailin ballots nothing is new here. Nothing has changed. There really is he doesnt have a leg to stand on. There was no james baker today. No james baker nice to see you, caroline. I want to show, we communicate internally here with research and all the departments of data and i want to show you what ive just gotten from the guy who heads our research it says this is what a close election looks like. This is percentages, percentage differences as they stand right now. Can you get any closer georgia, trump plus 0. 1, bide plus 0. 1 North Carolina trump, plus 1. 4 arizona, biden plus 2. Michigan, biden plus 12. 6. This is as close as it gets. And all of the trends are away from the republicans and toward the democrats. No opinion, just facts this is trending left. The vote, the count and the battle for the white house, it hasnt been boring but, man, theres a stress level, isnt there well get a statement from the Biden Campaign and well watch as they count the vote as one does after we cast vote when the wsonnune cties we all get together and support each other. Thats the nature of humanity. It has encouraged other people to take the time for each other. brad apartmentsdotcom makes easier than ever. W home woman 1 how hot do you think it is . woman 2 a million. Its so hot the bugs cant even sleep. If only we had a c. Im so happy. brad apartmentsdotcom. The most popular place to find a place. There will be a lame duck session of congress no matter who is the president leaders of both Political Parties agree America Needs a coronavirus disaster bill. Theyve said so for months and theyve done othing. Ylan mui with more on the negotiations. Reporter senators are scheduled to return to work on monday the house will come back a week later and one thing they absolutely have to do. [ crowd chanting ] reporter is fund the government right now it runs out of money on december 11st so lawmakers have to pass a bill just to keep the lights on. That is must pass legislation but it could open the door to a bigger bill, like another Coronavirus Relief package both republicans and democrats had said they want to go back to the negotiating table after the election but exactly how soon after the Election SenateMajority Leader Mitch Mcconnell now says he wants to pass something before the end of the year and today i talked to a Top Republican in the house, congressman kevin brady to get a sense of where that chamber stands and said hed be open to combine it with a bill to fund the government he wants to see another round of Small Business loans and help for the airlines and travel, more money for schools and hospitals. But he wasnt so sure about mcconnells suggestion that there could be funding for state and local governments, brady said theres still a lot of money left over and what has been sent hasnt trickled down to rural areas and, of course, we also have to see how the election might change the political calculus for democrats. House Speaker Nancy Pelosi had said she would like to reach a deal during the lame duck session of congress so that she could hand over a clean slate to joe biden if he wins the white house. Shep. Ylan, thank you. The stock market is on track. Get this, for its best week since the month of april and sales are revving at General Motors thats whats topping cnbcs on the money. The automakers earnings twice what analysts were expecting business up sharply in the United States and in canada. Those are gms two largest markets. Driving results, strong truck and suv sales, prices up due to high demand. Cost cuts at the company whoever wins the white house will have to deal with americas unemployment problem 751,000 people applied for jobless benefits for the first time last week, a slight dip from the prior week but still at historic highs the fed chair Jerome Powell said it will take a while for the job market to get back to where it was before the pandemic struck buying a home . Youre in luck Mortgage Rates are at a record low for the 12th time this year. A 30year fixed. Look at this 2. 78 . Cheap loans driving the Housing Market which is on fire. On wall street the dow up 542. For the week already up 1886 the s p up 67, the nasdaq up a whopping 300 today the week has been incredible the dow and the s p logged four Straight Days of gains of 1 or more thats the longest such win streak since, get this, 1982 senior year in high school wow im old as methuselah. The Biden Campaign released a statement following the president s comments that we aired in part at the top of this news hour. What is the biden camp saying now . Yeah, shep, they put out this statement. It is short and sweet and say the president s remarks tonight were desperate, baseless and a sure sign hes losing. At this point we are not expecting to hear anything further from the former Vice President of the United States but they are calling the president s remarks tonight desperate, baseless and a sign that hes losing, shep eamon, thanks very much lets take one look very quickly at the state of at pennsylvania because in pennsylvania theyre counting and they had said they would be giving periodic updates. Now theyre sort of coming in whenever they come in. We can tell you the lead has decreased and that everything is moving in the way of Vice President biden. Those are the latest numbers and as you can see in pennsylvania, he has now taken a lead. 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The truck adds 10 pounds. In the arms. Okay. Transfer your Service Online in a few easy steps. Now thats simple, easy, awesome. Transfer your service in minutes, making moving with xfinity a breeze. Visit xfinity. Com moving today. The vote and now the count its 8 00 on the east coast, 5 00 p. M. On the west coast. Im shepherd smith at cnbc global headquarters. And this is the over time. The identifiable count is on and the president s lead is shrinking in georgia and pennsylvania lets begin with the state of georgia. 16 electoral votes and the margin is getting very, very slim heres georgia and heres the difference. The difference between the two candidates is now 3,486