Questions about race that is elected republican senators or house members on the same ballots overseen by the same poll workers and the same secretaries of state. The Justice Department top elections crime prosecutor resigned in protest after bill barr told attorneys to investigate to investigate any allegations of irregularities in the vote. As each day goes by president elect bidens Transition Team says it is losing valuable time. The camp is considering legal action if the Trump Administration continues to stall. There are many had a headlines to get to this morning. Lets begin with evan perez on the top doj prosecutor resigning in protest. I think its important aswe look at this memo from barr what it said, im quoting, investigations may be conducted if there are clear and apparently credible allegations of irregularities, important word, that if true could potentially impact the outcome of a federal election in an individual state. Saying you can investigate any irregularities but does still have to meet the standard of potentially overturning things. Is that right . Thats right. I mean, the interesting thing about this memo is that you dont have to tell prosecutors that they should be looking into vote fraud claims. This is something that is routine, part of their job under every administration. So the interesting thing about sending this memo as it did, it comes after days and days during which the Trump Campaign and the lawyers were having press conferences, filing some of these frivolous lawsuits claiming that there was widespread massive fraud that cost the president the election, when they have had theyve presented no proof of that. So what appears to be happening from this memo that bill barr sent yesterday was giving the green light to prosecutors who want to take action, perhaps bring charges, before states certify the elections and thats the reason why Richard Pilger who is the top vote fraud prosecutor here in this building, jim, thats why he sent an email last night to his colleagues saying he was resigning, he was passing on the memo from the attorney general and took the opportunity to say that it was abrogating a 40 year policy of not interfering in the process before states certified their results. Thats the key difference here in this memo. I will read you just a part of what bill barr says in his own memo, it says, quote, while most allegations of purported election misconduct are of such a scale that they would not impact the outcome of an election and thus investigation can appropriately be deferred, that is not always the case. You see what the attorney general seems to be doing is raising the spectre that any of these recounts, any of these allegations of fraud that are being brought forth are going to change what is really over 100,000 votes, right, that separate the two candidates right now over several states. Evan, the prosecutor that resigned, citing 40 years of precedent, led what is known as the election crimes section, right . And what barr did here is something that would normally always have to go through that section for a green light, right . Right. Exactly. And i think thats thats a very big reason why he resigned. Normally if prosecutors want to take action like this its not necessarily prohibited, what they do is they have to go through the process, go upstairs in this building to get permission from the Public Integrity section which oversees all of these types of investigations and what bill barr says in his new memo is that you dont have to do that. And what this opens the door, poppy, to is the fact that, you know, obviously theres 93 u. S. Prosecutors, u. S. Attorneys in this country and it gives a green light to one of them who is willing to put their careers, their public reputations on the line to go ahead and file Something Like this in the coming weeks before states have a chance to certify their elections. Their Election Results. And thereby give the president and his Campaign Something to hang their hat on which they so far dont have to try to make these claims that the election was stolen. Again, there is no proof of that, no information that any of these allegations will overturn tuns of thousands of votes that make the difference between these two candidates in several states. It doesnt give state legislatures something to hang their hat on, whatever the basis and therefore not certify. Listen, its remarkable. Evan perez, thanks very much. Lets go to the president elect and there is a president elect to his transition fight. Jessica dean is tracking the new pressure now coming from joe bidens team. Jessica, weve heard the prospect of legal action by the biden team. What specifically is that . Well, at this point were still waiting to find out exactly how they would do that, jim and poppy. Look, they are facing a far more contentious battle than they thought they would have to endure once this was all said and done. Joe biden himself telling his allies over the weekend he wanted to give republicans and President Trump some time to accept the results of this election, but now here we are on tuesday and the General Services administration, which is responsible for whats called ascertainment, its essentially validating that joe biden is the president elect, has so far refused to do that and instead is comparing this election to the 2000 election and specifically florida where bush and gore were deadlocked there. Thats triggered some worry in the biden team. Let me read you a quick statement from one biden official, they said, this is not 2000 by any stretch. That involved one state that had a 500 vote plus margin that had a number of different lines of contention of ballots that would have altered the outcome of that election and therefore the entire Electoral College vote. The biden Transition Team making the case this is actually nothing like that. Whats at stake here is because they havent ascertained this election so far, the official transition process has not been triggered. Poppy and jim, as you said, that has implications for national security, for what theyre trying to do with the coronavirus pandemic, theyre not allowed to get access to the funds that they need to run the transition process. Joe biden not getting his daily security highly classified security briefings. Intelligence briefings. All of this coming together and now they know that theyre going to have to put intense pressure on that and that could be in the form of a legal battle. So we will have to see what today brings and the next day. Wow. Potentially another legal battle on something that has such big implications for how this country operates. Jess, thanks for the reporting. The other turmoil in the administration is the defense secretary mark esper is out. Fired by the president. And it may not stop there. Lets get to our john harwood he joins us this morning at the white house. Good morning to you, john. So now there are questions about the fate of gina haspel and fbi director Christopher Wray. What we know, poppy, is that these two officials, gina haspel and Christopher Wray have upset the president for the same reason that mark esper upset the president , they have resisted his attempts to corrupt their agencies to his personal benefit. So no one will be surprised if five minutes from now or five hours from now the president tweets that he has fired those officials. We know after the impeachment trial he purged a series of officials who had told the truth about his conduct. Hes already started doing that in the u. S. Government right now. Aside from mark esper he has fired a utility regulator who had called for renewable energy, he has fired a climate official who had talked about the seriousness of climate change. He has fired the person and head in charge of the Nuclear Weapons stockpile. The president is transactional. We dont know if he is getting some benefit from those actions or whether that is just a fit of peak, but what we do know is that this president while he is stewing in the white house, embarrassed by his ee connection defeat, trying to resist it and get the Republican Party to stand behind him, he is determined to break important parts of the u. S. Government on his way out of office and hes already started. John harwood, thanks very much. With us is larry sabato and carrie cordaro. Thanks to both of you guys, its good to have you on this morning. Larry, if i could begin with you, i dont want to over or understate whats happening here and how it might affect the election. On the one hand im curious what these investigations could do to state legislatures certifying the results because all states theyve chosen to choose their electors by popular vote. Thats baked in. But can conceivably open Justice Department investigations give them legal cause to somehow not certify or is that a fools errand . Well, i dont think its a question of legality, jim, i think its a question of political preference. Legislatures do what they want to do, they have independent elected authority to do that. It would of course be incredibly controversial and i would assume in the long run cost some of them their elected positions, but for the short term if theyre looking for a reason to overturn the popular will, the frightening part of this is it might work. I personally dont think it will because it is so outrageous, its beyond outrageous. We dont just have a close winner here. We have somebody who when all the votes are counted is going to be well over 5 million vote majority here. Not to mention a substantial Electoral College majority. So this is this is going well beyond what any state has ever considered other than the Republican Legislature in florida in 2000. If there had been a total deadlock the Republican Legislature had been discussing sending the republican electoral slate to congress. Carrie, you were a senior official at the Justice Department and i just wonder what you make of bill barrs memo saying you are free to investigate this stuff, despite the margins that larry is so rightly talking about here. Could you just speak to the significance of him doing that. Sure. Poppy, weve heard a lot throughout the Trump Presidency about the institutions. Are our Institutions Holding up . Can they push back . Can they withstand the political pressure that the president places on them . Because throughout his presidency he has overtly indicated a desire to use the Justice Department in particular to achieve his political objectives. So what this is is this is the attorney general allowing the Justice Department to appear as if it is assisting the president politically. I agree with larry that as a practical matter it will not likely change the actual outcome, but what the attorney general has done is he has reversed what is the norm, what is the policy of the Justice Department, which is that it would not take an investigative step that could impact the outcome of an election during the course of the election being resolved. So thats the difference. He has said that there have been to be substantial allegations, but the fact that he has changed that policy and it has caused a senior election doj management person to relinquish their management position indicates that he has he is causing the appearance of politicization. Its not the first time, right, where folks in very senior positions in the Justice Department have resigned as a result of his decisions. Larry, i just want to dig down a little bit deeper on this, again, just gaming this out. Lets say that legislatures which we have seen do some pretty remarkable things already, if they were to attempt to do that, to in effect overrule the popular vote in their state and send a Trump Victory, certified Trump Victory as opposed to a biden one as reflected in the popular vote, that would, i imagine, be challenged in the Supreme Court, right, and on what basis would the Supreme Court judge that, right . I mean, is there a constitutional right to change the rules at this stage of the game . Well, as always, jim, it will be up to the nine members of the Supreme Court and we all know that President Trump has three appointees on the court and the conservatives have a 63 majority. Thats not to say they will vote along party lines, although bush v. Gore isnt encouraging. That 54 decision pretty much went according to party lines and it became apparent in the years after bush v. Gore that at least some of the members of the court were clearly rooting for the candidate of their party. So, you know, they used to say the Supreme Court reads the election returns. Well, if they do then theres no chance at all that biden will lose because he won convincingly. But the question is do they still read the election returns and do they care . So good to have you both. Larry, carrie, thank you very much. A fierce fight in georgia as two Republican Senate candidates are calling for the republican secretary of state to resign after he said there was no evidence of voter fraud. Also dr. Anthony fauci says, quote, help is on the way with pfizers announcement of a promising Coronavirus Vaccine. There are some key challenges, though, and we will talk about them. Moments from now another big Supreme Court case, the court will hear arguments on the future of obamacare, health care for tens of millions of americans now hangs in the balance. Something to watch. Before discovering nexium 24hr to treat her frequent heartburn, marie could only imagine enjoying freshly squeezed orange juice. Now no fruit is forbidden. Nexium 24hr stops acid before it starts for allday, allnight protection. Can you imagine 24 hours without heartburn . Ithe first full prescriptionis pstrength nonsteroidal antiinflammatory gel. Available over the counter. Voltaren is powerful arthritis pain relief in a gel. Voltaren. The joy of movement. This morning the nations top Infectious Disease dr. Anthony fauci says it is, quote, very likely that people could start taking a Coronavirus Vaccine by the end of this year. This follows drug giant pfizers announcement that its vaccine appears to be more than 90 effective. Lets get straight to our senior medical correspondent Elizabeth Cohen with the latest. Good morning. Good morning, poppy. Lets talk next steps as jim just said this looks like a very effective vaccine so what happens next . Well, first data will have to be sent to the food and Drug Administration and we will see if they approve it and theres good reason to think that they would give it emergency use authorization, but then comes, well, then comes the hard part. States will have to administer the distribution of this vaccine and you might think, well, i get a flu shot every year, thats no big deal, you go to your pharmacy or doctors office. It is not going to work that way because this is the most fragile vaccine in use in the united states. Lets take a look at exactly what i mean by fragile. So this is a vaccine pfizers vaccine, that has to be kept at minus 75 degrees centigrade, the equivalent of 103 degrees fahrenhe fahrenheit. That is 50 degrees colder than any vaccine currently in use in the united states. Doctors offices and pharmacies do not have freezers that go anywhere close to that low. So weve been speaking with state Health Officials and they said that they feel overwhelmed and daunted by the prospect of distributing this vaccine because it is so fragile. One state official telling me she was on a webinar where she was being given all of the state officials were being given instructions on how to handle this vaccine, store it and all of that and she texted a friend who was on the call and said how are we going to do this . And that colleague just sent back an exploding head emoji. Jim, poppy. Yikes. Sometimes emojis say it all, thanks very much. Right. Exactly. Joining us now is dr. Mark mcclellin director of the Duke Margolis center for Health Policy and former commissioner of the fda. Its very good to have you. The headlines are good out of pfizer, right, and its an independent body that uncovered the data, looked at it and said here is where we are at. Are there any red flags for you, though . Not that im seeing so far, poppy. As you just heard, there will be some challenges with distributing the vaccine but even before that we need to make sure it really works so the data that pfizer talked about needs to be put together with more data on the safety of the vaccine, they will follow people who were in the trial for the next few weeks to see how that goes. It will go to the fda, there will be an independent review with public participation. So a chance for the public to see exactly whats there before that approval comes. So all very promising and youre right, it is going to be a challenging administration problem, but id rather have that kind of problem than no treatments available. There is a lot of work going on to get refrigerated trucks and distribution in place so that the highest risk people could potentially start getting vaccinated by the end of the year. So there are other vaccines in the pipeline that are making progress, too, for instance, moderna, the one done in conjunction with the nih which dont remember that degree of care, refrigeration, et cetera. I wonder assuming this happens, it looks like it will, there is more than one option out there over the next several months what will that mean in terms of distribution . Will it be up to you and me which vaccine we take or whats available . How will that work out . Well, jim, so the good news for pfizers vaccine is probably good news for a lot of other vaccines, they all work against the same part of the virus, this spike protein, so moderna will have a similar readout probably in the next few weeks, if it has similar results it could also be available soon. It requires cold storage, too, not as cold as pfizer. Both of those are socalled rna vaccines and they are working on technologies to make it more stable, that will probably take some time, but that does mean a significant number of doses of vaccines possibly by early 2021 if not the end of this year, two more vaccines, johnson johnson, astrazeneca, also theyre a different type of platform but also target the same part of the virus, those could be available in the first part of 2021, the Second Quarter of 2021 as well. Gradually youre going to see more availability of vaccines that are probably a little bit easier to use and gradually more and more americans will get vaccinated, but it is going to take a matter of months. In the meantime we need to keep paying attention to all the steps that we know work, like masks and distancing. Totally. Dont let your guard down now because youre feeling hopeful about a vaccine coming. Let me ask you, doctor, the head of the Mayo Clinics Vaccine Research Group on this trial made an important point, i think, and that is that he said we still dont know what this means for groups that they didnt study in this pfizer trial, like children, like pregnant women, like highly immunocompromised folks and the eldest of the elderly. Yeah. So does that mean that none of those people can take this vaccine . Children definitely wont be part of the first rounds of vaccines, probably all the way through the first half of next year. They were not studied at all. But there were a lot of people in the trials who were older, who had obesity or other conditions that we know place people at risk. There were a lot of individuals even in extreme ages included. We need to look very closely at the data that comes out. It is possible that some of the vaccines may have a better profile in some groups than others and some people may not be able to mount as good of a response, but, poppy, one other people also approved for emergency use yesterday a man made version of antibodies works on the same principle that treatment which is starting to be available now could actually help infected people from those very compromised groups. Okay. What. Dr. Mcclellin, does the next several months look like, right, before the vaccine is widely available because the numbers are going up, sadly, remarkably and quick. What does it look like and what do folks need to do . We are in the midst of some very worrisome trends where the vaccines have r. Not going to make a difference, they are not going to be impactful on this surge. Hopefully by later in december or january it will protect a few people at higher risk thats not going to give us immunity. We need to rely on now masks and distancing. You are seeing not a National Lockdown but many cities and regions having to take more extreme steps to restrict businesses, restrict travel and people are doing it, too, as they see Health Care Systems getting hit really hard. I do think that other treatment i mentioned, the man made antibodies if we can make them available, they are not easy to use, require a special infusion, but that can help prevent hospitalizations in people who are at risk of serious complications from covid after they get infected. Remember thats what President Trump received, governor Chris Christie as well. So we can start making those available. That would help a bit. There are more tests available that could be done, but weve got some hard work to do before vaccines are going to make a difference over the next few months. Listen to Chris Christie, right . He went to the icu and he said the lesson he learned was wear the mask, right . Wear the mask. Even with these treatments and the prospect of a vaccine that rule remains hard and desk. Doctor, thanks so much. Good to be with you. Georgias republican secretary of state is pushing back against calls for his resignation from fellow gop members in the states republican senators. Both lawmakers whose races appear to be headed for a runoff in january are citing alleged failures in the election process without providing any proof. We are also moments away from the opening bell on wall street. You see mixed open there among futures, global stocks thrall yeed yesterday pete ring out this morning, many major indices inching up as investors weigh promising news about Pfizers Covid vaccine. We will keep a close eye on this. Stay right here. Sales are down from last quarter but we are hoping things will pick up by q3. Yeah. Uh. Boss doug . Sorry about that. Umm. What. Its. Um. Boss you alright . [sigh] [ding] never settle with power e trade. 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Well, if you havent heard there is a fierce battle in georgia, not only for those two senate seats, but about the republican secretary of state, he is not stepping down this morning, this is after the states two republican senators looking to be reelected called on him to resign. Senators Kelly Loeffler and david perdue calling the election an embarrassment for the state, but why . The loss, they have not failed to offer a single example of fraud or illegal voting which the secretary of state, again, a republican has said very publicly there is no evidence of. Joining us now is sunlen serfaty. Sunlen, you have fierce races coming up in january in which the balance of power in the senate hangs, so you have that dynamic here. Are they targeting the republican secretary of state for political benefit or do they actually want him removed . Reporter so many fascinating dynamics on display here in georgia and certainly highlights just how fierce georgia will be over the next few months. The fact that you have these republican senators calling for the republican secretary of state to resign. Now, those senators are claiming allegations of fraud, they really have been blasting the election process in georgia, but note flably they are not offeri single shred of evidence of fraud. The secretary of state said i am not going anywhere, in a statement he said earlier today senators loeffler and perdue called for my resignation. Let me start by saying this is not going to happen. The voters of georgia hired me and the voters will be the one to fire me. As secretary of state i will continue to fight every day to ensure Fair Elections in georgia, that every legal vote counts and that illegal votes do not count. Of course, these runoff races are on track to be january 5th of next year and the stakes could not be higher. If democrats win both of these seats you have a potential for democrats to retake control of the senate. Of course, 50 50 split thats assuming that Vice President elect Kamala Harris casts a tiebreaking vote in the senate. Enormous stakes, a lot of fascinating political dynamics and these two republican senators of course, jim, taking a page from President Trumps playbook, blasting the Election Results and election process in a state where of course they did not get the results right now that theyd like. That line from the statement that is not going to happen from the secretary of state notable. Sunlen serfaty on the hill, thanks very much. The president ial race in georgia is one of several contests that we are watching. Still too close to be called formally. Lets bring in cnns senior political analyst john avalon. John, in a few of these battleground states race still too close to call but the margins have been widening in some, not in others. Tell us where we stand. We have georgia on our mind, lets take a look at the latest numbers out of georgia. This race is really tight, were talking. 2 separating them, around 12,000 total votes, but 99 reporting and that means yesterday joe biden added to his vote total just 745 votes. So this thing is narrowing down but biden definitely seems in a solid lead. Lets pivot over to arizona where all eyes have been on maricopa county. This is an area you see. 4 separating them, 14,000 votes, but donald trump has been making gains. Biden was down, donald trump was up 2,385 votes just since yesterday afternoon. We are at 98 reporting there. Weve got 62,000 votes still outstanding in arizona. All right. Now lets go down to pennsylvania because thats been the big kahuna in this race, republicans making legal challenges but right now you see weve got. 7 separating and joe biden leading by 45,000 votes. Why does that matter . Because trump won the state by 44,000 last time around so he has exceeded that total. You see weve got 98 reporting, we have around 53,000 ballots still out and that is very significant but, again, this race has been called even though republicans are trying to stop the counting or stop the certification as it were. John avalon, thank you. Count every vote. Thats right. Thats what theyre doing. We appreciate it. Thanks, guys. The future of obamacare, the Affordable Care act, and health care for millions of americans it hangs in the balance today because today is the day that the Supreme Court hears arguments and that happens in just a few minutes. We will tell you why it matters to you next. children laughing music swells dog barking music fades exhales experience the power of sanctuary at the lincoln wish list sales event. Sign and drive off in a new lincoln with zero down, zero due at signing, and a complimentary first months payment. We started by making the cloud easier to manage. But we didnt stop there. We made a cloud flexible enough to adapt to any size business. No matter what it does, or how it changes. And we kept going. So you only pay for what you use. Because at dell technologies, we stop. At nothing. Because at dell technologies, listen to what every strain. Every twistoof and every backache is telling you you cannot do this. Pain says you cant. Advil says you can. Okay. Moments from now the Supreme Court hears arguments on the future of obamacare and here is exactly what is at stake. Right. Why does it matter to you . Politics aside, this is analysis from the slightly left of center urban institute. If the aca is overturned here is what they say will happen, an additional 21 Million People would not have health insurance, 15. 5 million more people would not have Health Coverage through medicaid or through the Childrens HealthInsurance Program or chip, that helps low income americans and disabled people get Children Health care, and all of this is happening in the middle of a pandemic which access to health care is more important than ever, on the economic front the study shows that overturning the aca could have a huge impact on the economy, they project the demand for uncompensated care would rise by 58 billion. With us now is joan miscupic. The justices are hearing the arguments today over the phone which is unique to this time on such a pivotal case. What is the central question here . Sure. Good morning, poppy. Those stakes couldnt be higher as you have just laid them out. The question is whether this law that was passed in 2010 is now invalid because of an amendment that congress adopted in 2017 that zeroed out the tax penalty for the individual insurance mandate. That mandate is not each enforced anymore because of the zero penalty so the really crucial question, poppy, is whether if one part of this law is flawed does it sink the entire thousand plus page law that involved medicaid, keeping children on their parents insurance policies until theyre 26, all sorts of coverage for people with preexisting conditions like cancer and epilepsy, should one potentially flawed provision bring down the whole law . Thats whats at stake now in round three of this challenge to obamacare. Okay. So famously the chief Justice John Roberts provided the swing vote upholding obamacare the last time this went to the highest court, of course, the courts composition has changed now, 63 conservative majority. We ask you with difficulty to read the tea leaves here about where the justices may or may not stand. Do we have do you, oh, great wise one, have a sense . Well, let me just say that four justices who upheld the law in 2012 and 2015 are still there, so they need at least one of the new trump appointees, Justice Barrett, kavanaugh or gorsuch. Both Justice Kavanaugh and Justice Barrett to an extent have suggested that they might think that you dont have to sink this entire law if this one part is invalid. Again, they could john roberts at this very tumultuous time in america is going to try not just to get a majority this time but i suspect he will try to pick off at least two other votes so that its 6approximate or 72 to uphold it. Jim, i really do think that the court is going to try to figure out a way to uphold it. Wow. Because this challenge is actually very weak. Very weak in terms of go ahead, poppy. I was just going to say on that issue, it is interesting and arent there two key questions, is there even standing by these attorneys general who have brought it, can they even show harm, right, because theres been no tax implication since thats gone, and b, severability. Havent there been conservative justices that say you can sever off part of a law and keep intact the rest. It sounds like a stodgy principle but its the key to this case and chief Justice John Roberts and Justice Kavanaugh both wrote last session, last summer, that if theres a part of a law that is flawed constitutionally, what you do is you use in the chief justices words a scalpel not a bulldozer to remove that part. Justice kavanaugh said that the severability question, as i said, a stodgy word but an important word here, it shouldnt mean a game of gotcha against congress. If congress messes up in one way or another and thats yet to be shown whether that 2017 amendment really does really is unconstitutional, whether that should bring down this entire law that has managed to survive two other challenges and ten years so far in america. Just very briefly because we have to go, joan, but how quickly do we expect a decision or do we know . Both times before when these cases have been heard we didnt hear until june, i expect sometime early in 2021 we will know the results of this third big challenge, jim. Gotcha. Okay. So patience. Joan biskupic, thanks very much. Thank you. El pasos twoweek shutdown is set to end tomorrow but as texas moves closer to one million Coronavirus Infections and the death rate sadly spikes there there is a good chance the shutdown will be extended. A live report from el paso next. Renew active. Only from unitedhealthcare. 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Now the state of texas is fighting that order, fighting to block that order, i should say, along with a few local businesses here as well. Saying there are other ways to go about slowing down the spread. But to show how significantly impacted el paso is, they have more than 27,000 active cases of coronavirus here. When you compare that with the population, thats one in every 30 people here has covid19 currently. Jim, poppy . One in every 30, thats a number hard to wrap your head around. We appreciate you being on the ground reporting there. Thank you very much. Ahead for us, attorney general william barr is joining a growing number of republican lawmakers who are not only buying but amplifying the president s efforts to delegitimize the results of the election. The impact, thats ahead. Your experience matters. At university of phoenix, students with relevant Life Experience and eligible transfer credits save on average 11k and 1 year off their undergrad degree. 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Get 5g included and save up to 400 dollars a year on the network rated 1 in customer satisfaction. Its your wireless. Your rules. Only with xfinity mobile. Top of the hour, good morning, everyone im poppy harlow. Im jim sciutto. Think theres a lot of news out there . Well, in addition to everything weve been talking about, the future of obamacare hangs in the balance. Right now the Supreme Court is beginning to hear oral arguments on the future of the Affordable Care act. This could impact tens of millions of americans. We are watching for any updates from the court. Also this morning a defiant President Trump is throwing the transition into deeper chaos. Pushing to fight an election that he lost. But its the nation that is losing now. Putting the safety of the country on the line. Still, Top Republican leaders are standing by the president for the most part, and the attorney general, bill barr, is telling Justice Department