Together our administration in the white house and reviewing who were going to pick for the cabinet positions, and nothing is going to stop that. And so im confident that the fact that theyre not willing to acknowledge we won at this point is not much consequence in our planning and what were able to do between now and january 20th. Those remarks coming as President Trump continues to undermine the legitimacy of the entire electoral process and delay the transition of power. While the president keeps making false claims about voter fraud, Top Republican leaders are enabling him. Senate Majority Leader Mitch Mcconnell will not acknowledge president elect bidens victory. You heard him yesterday saying trump is 100 within his rights to challenge the results, and just this morning senator mcconnell went further saying there is no cause for alarm, and if there is a new administration, he said the transition will happen at the appropriate time. Just to add on to that this afternoon, secretary of state mike pompeo just told reporters when he was asked if the secretary of state would cooperate with the biden transition. Were ready. The world is watching whats taking place. Were going to count all the votes. When the process is complete, there will be electors selected. There is a constitution that lays it out pretty clearly. You heard him, a smooth transition to a second Trump Administration, and the president is also getting support from his attorney bill barr, once again misrepresenting justice after he claimed substantial voter fraud. In wilmington, delaware, in addition to that embarrassing line from him about trump, the other line that struck me was how he was asked about all these republicans who werent acknowledging his win. Their response . They wont. What do you make of that . Reporter what president elect joe biden was trying to do here was lower the temperature a little bit and trying to make the case that he can still move forward with what he needs to do during this transition period. Hes trying to show that hes not affected by the fact that the president wont concede or that the ascertainment for his transition isnt being granted to him at this point. He strictly wants to make it clear that there are still things he can move forward with in this transition process. You also heard him talk about his calls with foreign leaders, like hes already starting to conduct, telling them that america is back and america is ready to work with them. But you heard these comments from biden where he called the president s decision so far not to concede, he warned that its an embarrassment, warned that it could tarnish his legacy. But overall, he was really just trying to strike a lower tone when it comes to these questions about whether his transition can fully operate. And, in fact, just a short while ago, his Transition Team announced the Agency Review team that will eventually go forward into the different departments and agencies to ease the transition process. One way theyre kind of getting around to the ascertainment aspect not yet being granted to them is by having these agency teams already ready to go. Theyre going to start by talking to former Agency Leaders and experts, and then once that ascertainment has been granted, those teams can go into the federal agencies and determine where things stand and what needs to be done. So the biden transition is really trying to make it clear that they still can move forward with their work despite this ascertainment not occurring and despite the president not yet conceding the election. Of course, joe biden wants the president to concede so they can fully operate, but at this moment, hes really trying to lower the temperature in all of this, brooke. I think your point is so spot on. He ended by saying, we can pull the country out of the bitter politics weve seen over the last couple years. Arlette, thank you very much. Lets get the white house perspective on all of this. Lets go to the white house for how the Trump Administration is responding to this. Boris is there live for us. Boris, what are you hearing from the team today . Reporter much of the same thing, brooke. The president is stalling, hes dragging his feet. According to sources who spoke with cnn across Government Agencies, he has put out the word through his staff that Government Agencies are not to cooperate in any way with the biden team on a transition that would install joe biden, the president elect, as commander in chief. The president has also let federal agencies know that he doesnt want them to do anything that would even imply that joe biden won last weeks election. So throu as for where the president s head is at, we havent seen him since last thursday when he took the podium and spouted nonsense about how he is the legitimate winner of the election. He has been very vocal on twitter. But weve heard from sources that the president has noted that biden himself has taken on a much more public profile and appearing more president ial, doing these briefings and speeches and also fielding calls from World Leaders that trump does not get along with, congratulating him on becoming president elect. One final note i wanted to point to, brooke, within the last hour or so, we heard from colleague manu raju who learned that Vice President mike pence in his lunch with senators was presenting his details of the lawsuits being filed by the campaign and their allegations of voter fraud. No evidence that there was voter fraud, but hes presenting it to them, and at least one republican senator, john kennedy of louisiana, said although his presentation was very impressive, he says he doesnt know if it will be enough to overturn the results of the election, brooke. We talked to several lawyers saying they really dont have teeth. Boris sanchez, we will continue following that. Thank you. Lets discuss all of the above with legal analyst andy honig and also jackie kucinich. Jackie, lets start with you. Listening to president elect biden, trying to lower the temperature, says hes ready for the transition and republicans will work with him. What do you make of this now . Reporter thats very consistent. He said the same thing when he was running for president two weeks ago. Hes remaining calm, not letting himself be rattled by some of the tactics of the Trump Administration. He wont give him access to transition funds. Some of the pillars they are setting up independent of whether or not the Trump Administration allows them to do so officially. Even secretary of state mike pompeos lighthearted tactics over at the state department, he laughed. Hes projecting this, im calm, this is going to happen. And also, i have to say one of the other things he talked about is republicans coming around. I think you would have perhaps some democrats say that might not happen. However, his message of, just wait, its going to work itself out really seemed to be throughout that entire press conference. It just goes to listening to the democratic senator chris combs saying, hey, can you pass on the congratulations to the president elect, you just cant say that publicly yet. Lets talk about bill barr telling federal prosecutors to look into those unsubstantiated claims of voter fraud. A, is this normal for the justice department, and b, how real are the ags threats . Brooke, certainly not normal. Watching the press conference just now really drove this home to me. What bill barr is doing is dangerous. It is dangerous. Heres why. We have people across this country who are legitimately concerned about whether we will have a peaceful transition of power. I hear it from our viewers, i hear it from friends. You can see it in the questions that were just posed to the president elect. Are we going to have a smooth transition of power . The answer is yes. I mean, joe biden said they will. Hes right. Our constitutional processes are too strong, our laws are too strong. They will overcome all of this resistance. So we are going to have a smooth transition of power. The other problem they have is they have no evidence whatsoever. I look at these lawsuits, they are flimsier than the paper its written on. There is no proof of anything. Mike pence said one smart thing and oidiotic. He said, were going to have a transition of power. So eventually well get hip to the fact that he will be the president and they will be working with him. Jackie, im just wondering if you think of the Mitch Mcconnells, you think of the bill barr, they are enabling the president and his baseless claims. Is it fear . Is it keeping the momentum going because of the control of the senate, these two special elections in georgia . Why do you think theyre doing this . Well, the president is still the head of the republican party, and even when he leaves office, he still will be a major force in the republican party. I think several of these people are looking down the line and looking at their political future or the political future of their republican conference and dont want to be the one who looks like they deserted the president in the time that, you know, he needed them to enable him the most. Why not . He lost. He did lose. Youre absolutely right. But the president but this president values loyalty and people keeping in line more than anything else. And the people that voted for the president , which were millions and millions of people, are watching. These Republican Leaders are still very much in power and how theyre handling and how theyre treating, because thats what the president cares about, this president on his way out, whether or not he is ready to go. Youre right. And its such a great reminder for everyone. 71 Million People voted for President Trump. Ellie, i want to ask you about the issue with the ascertainment. You just heard the president elect there himself say he doesnt need the legal action when it comes to getting what he needs. Is that fair . I mean, he needs classified information, this could be detrimental to national security. Where do you stand on this . I totally understand where the president elect is coming from. He thinks this battle will up the temperature and hes trying to keep everyone cool. Ultimately, though, this is not a trivial matter. Were four days behind the transition. There are many questions about our security, our military, our justice apparatus. I think the president elect will see how this goes on a bit longer, but if he continues being denied access to information, he should go to court. Democratic senator chris coons was on air this morning. He was talking about how hes hearing something very different from his republican colleagues on the hill behind the scenes. Here he was. Bluntly they accept they call me to say congratulations, please convey my well wishes to the president elect, but i cant say that publicly yet. So these are conversations best kept private. When will they be able to say it out loud, jackie, to your point a second ago . Will it be until after the Electoral College meets middecember, will it be january 20th, Inauguration Day . How long . I think it varies whether or not someone is in cycle next election. But to your point, weve seen this throughout the Trump Administration, right, where republicans are expressing concerns and the like behind closed doors and not in front of the cameras because they dont want to incur the wrath of the president and his supporters. Jackie kucinich, elle honig, thank you very much. Scientists say were about to enter corona hell as cases surge. And the Supreme Court today hearing arguments over the Affordable Care act this morning and the attorneys insisting it should be struck down. Got some real pushback from got some real pushback from conservative justices. Youre watching cnn. Im brooke baldwin. Well be right back. But now a friend. Still an electric car. Just more electrifying. Still a night out. But everything fits in. Still hard work. Just a little easier. Still a legend. Just more legendary. Chevrolet. Making lifes journey, just better. Chevrolet. 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Reporter america is helded helded in the wrong direction regarding covid19. Cases rising in 49 states. Cases topping 1,000 cases a day in the last week. Theyre letting their guard down. Theyre starting to get together, and as it gets colder, well see more still. 32 states seeing their highest 7day average for new cases, among them, ohio. Were seeing cases far beyond anyone thought could happen. It wouldnt surprise me if over the next weeks we see 2,000 cases a day. Monday saw the largest increase in people hospitalized since early july. The total number nationwide nearing the april peak. 17 states reporting record hospitalizations, including utah, where the governor declared a state of emergency and issued a statewide mask mandate. Nebraskas new restrictions, including rules on masks, start wednesday, and idaho. We continue to have 50plus patients with covid in the hospital, and just for a reference point, back in september, we were having maybe ten, or even less sometimes, patients in the hospital with covid. Reporter as more people are hospitalized with severe illness, the number of deaths also rises. In el paso, texas, hospitals have reached the brink, adding four mobiles to the six already in place. Now ready to extend a twoweek lockdown. They are driving home the point that even in a vaccine is made available in the coming weeks, it wont be enough to stop this dangerous surge without additional measures. What we need to rely on now is masks and distancing. Weve got some hard work to do before anything will make a difference over the next few months. Reporter to give you a sense of just how much and how quickly coronavirus cases are rising nearly everywhere, if you look at the five states with the lowest 7day covid test Positivity Rate, even in places that are doing well, on friday all five were still under 2 positivity. Yesterday just one was over 2 , but today four out of the five have surpassed that 2 positivity number. Its something thats raising real concerns here in new york city where the Positivity Rate stands at 2. 5 . If it reaches 7 , that means schools will go to Remote Learning and more restrictions will have to come back. Were all kind of bracing for this winter, arent we . Athena jones, thank you for the update there in new york. Coming up, i will speak to one of 30 members who says its time for the president to concede. And the georgia secretary of state rebewkes the call by georgia gop senators to concede. Resign. Ght in all of us that cannot be extinguished. 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The holidays are made with philly. 31 former republican lawmakers are calling on President Trump to concede the election, writing this joint statement about the threat that his allegations impose to our democracy, writing, quote, we believe the statements by President Trump alleging fraud in the election are efforts to undermine the legitimacy of the election and are unacceptable. Every vote should be counted and the final outcome. One of them who signed the letter is susan molinari. Welcome. Thank you to for having me. Its nice to be with you. So why did you sign the letter . First of all, President Trump warned as early as august that the only way this election will be lost is if theres fraud. He kept saying throughout the election it will be rigged. If i lose this, it will be rigged. No confirmation of any irregular ballots and confirmation by some leaders of republicans in all these states that if he continues to push, and push to a lot of people in the United States, that this is an illegitimate election. The president elect and Vice President elect said they were moo moving ahead and this isnt going to stop us. The danger to our democracy is that people accept an election, and the ag, the state department, wthey say, lets jut wait and see. There a there is no organization with this. You have the two special election runoffs in georgia that will determine control of the u. S. Senate, and understandably, republicans dont want to do anything to take away what theyre getting from conservative, so you have x saying he should concede the results, that leaves trump tweeting and could hurt the party at this critical time, congresswoman. And i think thats whats happening. I think thats what behind mr. Mcconnells statement, such as they were over the last few days. We all need the president to concede right now. The president elect talked about the best legacy is to let these other elected officials go, have a peaceful transition and accept the election results. It is for the basis of the future of the United States at a time when we are experiencing higher covid cases that weve had since the pandemic hit. We cannot afford to be divided anymore, and all this does, playing this out until the 11th hour, is continuing to divide us. Congressman molinari, have you sent any notes . Have you backpedalled with anyone on the hill to say, stand up . Its interesting, iaeven whe we were putting together the list of republicans, almost everyone said, im with you but i cant get out there. And to that you say what . You know, look, im not in office anymore, so we just have to live with our own conscience. Im totally at peace having worked for someone with the qualities of dignity and character of president elect joe biden, and im personally at peace right now saying out loud that what i think the president of the United States is doing is undermining our democracy. The key phrase there is you arent in office. Everyone has a conscience, right, but you feel free to speak aloud just about how youre feeling and for all the news weve been hearing from Mitch Mcconnell and bill barr and now mike pompeo saying, almost jokingly, any transition will be with the Trump Administration. What do you think it will take . Will it take biden getting an Inauguration Day . Hopefully there will be a certain point. But i have to say, look, there are elected officials that have to go back and serve their constituents. A lot of them supported donald trump. You also have the attorney general and secretary of defense who are totally out of place getting involved in such a political, political arena. Because the secretary of defense got fired yesterday. I know what you were thinking. Congresswoman susan molinari, its been a long last week. Thank you so much. Thanks so much, brooke. Thank you. Coming up here next on cnn, the votes still being counted in georgia where tensions between republicans are flaring. The magic wall is next. Okay, give it a try. Between wisdom and curiosity, theres a bridge. Between ideas and inspiration, trauma and treatment. Gained a couple of more pounds. Thats good for the babies. Between the moments that make us who we are, and keeping them safe, private and secure, theres webex. Beautiful. And a yoga mat, to stay zen now, im gonna just buy a bike for him rakuten cash back on the stuff all in my home. I shop on rakuten. Rakuten breaking news out of North Carolina where republican senator thom tillis has won reelection defeating cal cunni cunningham. He said this. I just called thom tillis and congratulated him for winning another run in the senate. The voters have spoken and i accept their decision. Lets talk georgia now. A close race there has republicans attacking their own. Secretary of state brad rathlin rathlinrathlin rathlinsberger has refused to step down. They do not like how hes handled this. With me david chalian. David, where do things stand . Take a look at those georgia signal light races, first of all. Just to remind folks, david perdue got 49 poipt 7 and jon ossoff got 47. 9 . Senator loeffler edged out collins so she goes into the senate with warnock, and control of the senate hangs in the balance, brooke. Well look for that early january. Lets go to pennsylvania that weve been watching all weekend. Theyre still counting the votes. How is pennsylvania shaping up . Take look at where things stand in pennsylvania right now. Joe biden has a healthy lead, 59. 5 49. 7 to 49 . In 2016 donald trump won by 3,322 votes. Joe biden is still more than that. What happens if joe biden takes both arizona and georgia . In arizona, where he leads now, you can see it is shrinking. Joe biden thinks he can hold onto that 14,733vote lead. Donald trump wants to make sure there all the votes get counted because hes been commidiminish that biden lead. In georgia, 49. 5 to 49. 2 . That is within the margin to ask for a recount, and they said they will do that as soon as they certify the vote there. This is a recount. Ive never seen a recount, brooke, that overturns a lead of 12,061 votes, but that may be where its headed. He has 306 electoral votes. Thats where donald trump ended up in 2016. He called that a substantial victory back then. David challe kbrian at the m wall. Thank you very much. Key witnesses saying the Affordable Care act could survive the republicans attempt to dismantle it. Limu emu doug you know limu, after all these years its the ones that got away that haunt me the most. [ squawks ] cause youre not like everybody else. Thats why Liberty Mutual customizes your Car Insurance, so you only pay for what you need. What . Oh, i said. Uh, this is my floor. Nooo only pay for what you need. Liberty. Liberty. Liberty. Liberty. The future of obamacare is on the line once again. Supreme court heard arguments whether to invalidate the Affordable Care act and take Health Care Away from millions of americans during a pandemic. Today at least a few conservative justices had opposition of striking down the laul. Chief Justice John Roberts said that provision may be severable from the rest of the law. Cnn Supreme Court reporter is with me now. What do you make of what we heard this morning . Brooke, what you just played was really key because that john roberts saying, look, even if one provision gets struck down like the individual mandated or another, the entire sprawling 900page law will not be struck down, he said, and critically, Justice Brett kavanaugh seemed to also agree with him. Let me take you back to see why that was so important. Because, remember, it was back in 2012 and it was roberts who upheld the law under the taxing power but five years later, congress moved in and they brought that tax down to zero. So long time critics, republicans and the Trump Administration, they rushed to court and said, look, you just got rid of the legal underpinning of the law. We think the entire thing should fall. That would mean provisions that protect people with preexisting conditions, that expand medicaid and seems like roberts and kavanaugh and probably the liberals on the court and maybe more didnt seem to be going in that direct today, brooke. That is huge on day one. Quickly. The newest justice on the court amy coney barrett, what did she contribute today . Right. She did speak up. She also looked at Congress Intent in 2017 because none of us head headlines that congress had just struck down the Affordable Care act so they kind of looked at that and questioned whether that had been the intent way back there. That suggests that maybe she is with roberts and kavanaugh but its really hard to tell how a case will come out after oral arguments. This could be weeks, if not months away, from a decision. Thank you. We want to get you back to breaking news. President elect joe biden slamming President Trump for refusing to accept defeat and calling it, quote, an embarrassment. While insisting the transition is well under way. Thats next. Ity of phoenix, students with relevant Life Experience and eligible transfer credits save on average 11k and 1 year off their undergrad degree. See how much you can save. Im szasz. 11k and 1 year off their undergrad degree. [norm] and we live in columbia, missouri. We do consulting, but we also write. [szasz] we take care of ourselves constantly; its important. We walk three to five times a week, a couple miles at a time. Weve both been taking prevagen for a little more than 11 years now. After about 30 days of taking it, we noticed clarity that we didnt notice before. Its still helping me. I still notice a difference. Prevagen. Healthier brain. Better life. Tech every customer has their own safelite story. This couple was on a camping trip. When their windshield got a chip. They drove to safelite for a sameday repair. And with their insurance, it was no cost to them. Woman really . Tech thats service you can trust. Singers safelite repair, safelite replace. Announcer this is cnn breaking news. Welcome to the lead. Im jake tapper. Breaking news today. President elect joe biden this afternoon, says outgoing President Trumps refusal to concede the election is, quote, an embarrassment. Biden said he is moving with or without trump as health and the Republican Senate is mildly intimidated by trumps top allies are enabling President Trumps denial of the reality. President elect biden took calls today from the leaders of germany, france, ireland, and the uk but the calls were not patched through the u. S. State department as traditionally would happen because the Trump Administration is still refusing to allow the transition process to begin. This is not necessarily just a matter of letting the president s legal remedies play out in courts. Some members of the Trump Administration are signaling that they are unwilling to accept