Shannon we begin with a fox news alert. After voting ends we follow the latebreaking details on a number of critical undecided races. Ballots are still being counted and the stunning turn of eventss in arizona, deja vu in florida, the biggest races from the midterm elections likely headed for recount. We have the latest details. Jeff flake announces a plan to vote on legislation to protect Robert Mueller. Our power panel is here to weigh in on that and more. The search is on for a motive in deadly mass shooting at a california dance club. We will take you to the scene. You will hear from an eyewitness and we will remember a sweeney row. We will hear from senator tom tell us on the changing vote totals in the races in arizona and florida but Team Coverage marriage the development around the Mueller Investigation but first we go to be event with latebreaking development on the key undecided midterm races and changing numbers. These numbers are updating almost every hour. 8 00 pm out there and still nearly half 1 million ballots to be counted. The league keeps shifting between Martha Mcsorley and kristin nema, she is up by 9000 votes. This is long from over. Q the lawyers or the guys with magnifying glasses. More on that in a mallet. Woke up this morning dreading along and painful process. I have been here before and now im here again. In case you cant tell shes in the dentists chair. We feel your pain. Shes been in close elections before, she won her first by 167 votes. It is not that close in florida yet. Here is the race, rick scott, the sitting governor, less than a 12 45 , 17,000 votes in the number keeps narrowing which triggers emmanuel recount. We look to Broward County, floridas second largest where there are a number of votes. The head of elections says she doesnt know how many uncounted votes. Right now Wilson Nelson won broward by 38 . If nelson keeps that margin of victory and those further declared legal and able to be counted he could be well on his way to those 17,000. And the Broward County election supervisor has a unique history including ruling that she violated the law by destroying ballots in 2016. Rick scott is suing the palm beach and proud county supervisor of elections saying they keep finding ballots days after the polls closed. There are 67 counties in florida. Only these two counties are involved in these shenanigans. There are no other counties, republican or democrat trying to steal this election, still finding ballots. Donald trump tweeted Law Enforcement is looking into another big Corruption Scandal having to do with Election Fraud in broward and palm beach, florida voted for rick scott, current senator bill nelsons spokesman issued this, the goal is to see that all the votes in florida are counted and counted accurately, rick scotts action appears to be politically motivated and born out of desperation. Remember florida 2000 and the guy with a magnifying glass and lawyers arguing over hanging chads. It could get to that point with this race. Nelson has not conceded the senate race. I was transitioning from a lawyer to reporter doing in florida where im from so i remember covering this race. Every hour there was a new court ruling and something was happening. Speaking of concessions andrew gillam, democratic governance race began sort of concession speech the other night but now it looks like he could be getting recount as well. Certainly talking about one. History does not repeat itself in florida but it does rhyme. Al gore called george bush to concede and then took that concession back as things got closer. Right now ron desantis leads gillam by 38,598 votes or 38,484 on the board. It keeps tightening. Less than half a percentage point which triggers a machine recount. Gillam conceded on Election Night but here we go. Every single vote be counted whether it is an absentee vote, whether you voted on election day, whether it is a provisional ballot. We want every vote counted. Reporter commission a harsh tweet about the lawsuits come his state and nelsons are closely tied together. To georgia a little more complicated. You have to win an outright majority or theres a runoff. That is stacy abramss goal. Brian kemp is awfully close to dropping below that 50 margin. How close . Abrams put out a tweet saying she needs 25,626 votes to get a recount. The secretary of States Office says there are 21,000 on official provisional ballots meaning she would have to win more than 100 of the outstanding provisional vote, a tall order considering the most she won any county by is 38 and if this has you feeling a little bit like this guy buckle up. Bush versus gore ended after a month because of the Supreme Court ruling but that is not the case for congressional recount. A two who eight monster decided to thousand 8 minnesota race so here we go. Im not good at math which is why i went to law school. Better to spend the next couple months in florida covering this recount than montana. Shannon thank you so much. Florida living up to its reputation as a battleground state, once again readying for massive recounts. Lets bring in senator tom tellis, vice chair of the National Republican senate committee. Nice to have you with us. As we wait to see the dust settle in the senate a number of seats in contention. Lets start in arizona. We continue to update. At last recount it looked like sinema pulled ahead. What are you watching in arizona . We are continuing to watch the counting of the provisional ballots. Arizona is a different place the way most ballots come through mail. We are hopeful with that election but we are a lot more concerned with south florida. Shannon i went to read one of bill nelson, he was hoping to hold onto his seat and look like a recount is being triggered in florida. His lawyer, mark elias, says this in the tampa bay times. At the end of this process senator nelson is going to prevail. I measured in how i treat what i say when i say this, i mean that. He is within half a percentage point, maybe lower at this point. That is right. We are looking at Broward County, palm beach but quite honestly we are concerned with the methods they are using to collect the votes. We have counties on the panhandle that were hit by a category 5 hurricane that got there votes in on time. Broward county, this is a pattern of behavior. We have our legal team down there and im convinced at the end of the day we will win this one but it will be very close and it will take time because it will go to a recount. Shannon marco rubio from florida, now democrat lawyers are descending on florida. They have been clear they are not here to make sure every vote is counted, they are here to change the results of the election and broward is where they plan to do it. Talk about having our legal team down there but what options do you have at this point . A number of things. We have to see the ballots that were brought forward that were done within the rules of the state of florida. Then we have to go to manual recount and the methodology they use for the manual recount is very timeconsuming. What they will do, because of some irregularities on the ballots, to see if theres any mistakes by the boards of elections, all that will be sorted out, not unlike what they went through in 2000 in the bush gore campaign. We will watch mississippi, the runoff later in the month. The senate is still doing business, a lot of talk about the firing, the resignation of Jeff Sessions. A lot of concern about the mueller russia investigation. Senator jeff flake working with his counterpart on the other side of the hour, the senate could meet next week, and bringing 2644, the independence and integrity asked to a vote on the senate floor after the firing of the ag, do you think Robert Mueller is in danger of being fired at this point, and will the Senate Protect him . I dont think the council is at risk of being removed. President stated he doesnt have any intention of removing mueller. That is a narrative more than anything than anything substantive. And senator flake is planning on moving forward on. I dont think it is necessary to protect mueller but it is a bill that ultimately needs to get past. It will apply to all future president s. He has been clear he does not intend to remove mueller. And still focus on that bill and ultimately get it to the president s desk because of the enduring value of the policy, not because it is necessary for this particular situation. Shannon we will get back to you as those results trickling. Good to see you. Top story tonight, newly empowered Congressional Democrats making a political point of warning the administration against discarding any documents related to the Mueller Investigation apart from Jeff Sessions. Katherine herridge has this update. Reporter Senior Health and Senate Democrats sent letters to the Administration Intelligence agencies and fbi for all records relevant to the special counsel russia investigation. The resignation of attorney general Jeff Sessions, control of the house in january that took aim at the new acting attorney general matt whitaker. I insist the document be preserved in this transition and also demand the recusal of Mister Whitaker who has demonstrated a clear conflict of interest. We may have been more powerless in the past but that is not the case now. Reporter democrats highlighted whitakers july 17th interview about cutting funding for special counsel Robert Mueller. Jeff sessions without. A recess appointment, that attorney general doesnt fire bob mueller but reduces the budget so low the investigation grinds to a halt. Reporter with the president after sessions resignation whitaker oversees the Justice Department and the special counsel russia investigation. March 17th recusal from the probe drove a wedge between himself and the president. There will be an investigation, to obstruct the investigation. Reporter the Justice Department shakeup was about disruption. It is commendable and notable to argue for continuum by having the chief of staff beauty attorney general and their onthejob be the acting attorney general to a permanent replacement to be nominated and keeping in his job as Deputy Attorney general mister rosenstein. Constitutional law experts, to recuse himself based on tv interviews and tweets are without legal merit. A difference whether the lawyers a commentator or an acting attorney general and suggesting he will throw away Legal Training of aspects, is rather unfair. Reporter two senators, jeff flake and democrat chris coons said they will push for a floor vote when the senate convenes next week. Legislation would protect special counsel Robert Mueller. Consideration of the bill required consent of all senators. Who will the president nominate to replace Jeff Sessions and will that person get confirmed . Chris christie who happened to be at the white house today. Pam bondi and South Carolina senator Lindsey Graham met the president today though he doesnt want the job. The power panel is here to weigh in. Dog show in and guy benson and associate editor at real clear politics, welcome to all of you. There are other names along with christine, pam bondi, scott walker, Rudy Giuliani and you mentioned chris kobach who would be a bold pick. He just lost a racing canvas to the democrats. There was a thirdparty candidate as well who took some votes from him but he led the president s unsuccessful Voter Fraud Commission and an ally of the president and several white house officials said on background that he might be under consideration. It is the trump administration, we dont rule out any surprises. Shannon this is an important pick at a time the doj has been so embattled on so many fronts. Pick somebody who is above partisan politics. Restore confidence of the American People in the independence of our legal system, the Justice Department, and dont take somebody who has been mired in electoral politics. It will hurt the country and hurt donald trump. Our president deserves better, the country certainly deserves better. Shannon what do you think of these names. With Chris Christie, Jared Kushner is not a big fan. There is baggage for the first two names, christie and pam bondi. Neither of them will sail through a confirmation process even in a strengthened recovery senate. Lindsey graham is interesting but theres a reason he doesnt want the job. Not because he doesnt like the president. Hes about to become the chairman of the Judiciary Committee and chomping at the bit for the role which is an influential and powerful role. He is highly interested in staying in the senate for that reason. I not sure. I look at those names and i see pitfalls potentially for all of them unless there is someone out there we havent heard about. They are pushing some names on background and Chris Christie was at the white house but we dont have a full picture yet. Shannon not like they havent been thinking what they might do in a contingency plan. They think about it every day. Shannon since Jeff Sessions recuse himself from the russia probe. Another story from last night has to do with the jim acosta back and forth over the video of what happened in the white house. With all that in mind, his press pass is on lockdown from the white house. This is what he said on 360 about making contact are not making contact with the intern who was trying to get the microphone from him. All i can say is i was trying to hang onto the microphone to continue to ask the president questions. I didnt put my hands on her or touch her as alleged. It is unfortunate the white house is saying this. Shannon lets roll the video so people can see it again and i once to review what Sarah Sanders said. We stand by our decision to revoke this individuals pass. We will not tolerate inappropriate behavior clearly documented in this video and she is trying to take the microphone and move to the next person. Theres some touching between the two but this continues to be hotly debated today. Im with britt hume, former white house reporter, they dont have grounds to take his pass away because he was rude and they dont like the substance of his questions. You can disagree with the way conducts himself and his behavior but the idea that the white house put out a doctored video as a reason for jim acosta to have his pass revoked shannon what the white house said is technology to zoom in on what happened but other than that in my view this is kremlinesque and im with ben schapiro, Eric Erickson and john noris. Watch the video. With the audio he is saying excuse me, maam. He is not manhandling this person. It is a trumped up made up reason to revoke his pass and it is absolutely wrong and outrageous with the idea that the white house, the officials of the president of the United States of america would use any doctoring of any video to do something to take away someones First Amendment rights is beyond outrageous. Shannon this is what Gerry Connolly was asked about this said that i believe they had an intern deliberately set up jim acosta. That is pretty clear. Very quickly, nobody looks particularly good in this one. Jim acosta should have sat down, the president was needlessly harsh to him. My attitude is lets move past this, lets restore his press pass and do a restart. We have a lot more important problems to worry about than just what happened when we have really the issues of our wellbeing as a nation at stake. Chris wallace called acosta embarrassing and the showboat. I agree with that. I looked at the video. I did not see him putting his hand on her. There was contact, he was in professional, he was inappropriate but to use that reason, the hands on her thing as an excuse, i dont buy that. Shannon we watch and see. Thank you to our power panel. Good to see all of you. Another deadly shooting this time in california. We go live to Thousand Oaks and talk to young man caught in the crossfire and escaped. We will remember the heroes and victims last night. The new Capital One Savor card. Earn 4 cash back on dining and 4 on entertainment. Now when you go out, you cash in. Whats in your wallet . Shannon 12 people gunned down in a Country Music bar in california and we are learning more about the suspected shooter as investigators look for a motive. Reporter investigators on scene as they comb through evidence peace in this case together. They do not believe that 20yearold suspected shooter, worked with anyone else, they dont have a grasp on his mindset leading up to the mass shooting. Investigators spent the day at the exmarines home taking home several boxes of evidence looking for any clues whether physical, digital or social media helping to understand the suspect. There is also new video recorded by a man who was inside the borderline bar and grill in the assault happened. We want to warn our viewers some might find it disturbing. [gunshots] turn out the door reporter among the 12 victims who died, a veteran Ventura County sheriff sergeant was first to respond, ron helus was a year away from retiring, those who knew him are not surprised it was him who ran inside to help. Authorities tell us the medical examiner could start releasing more names of the victims who died. The father of one of the victims spoke about the unimaginable laws and the other families who lost loved ones. I dont know what to tell the other people, how to console or what to say to the other people going to the same situation i am. I am so sorry for their loss as well. I am speechless and heartbroken. Reporter Law Enforcement confirmed they made prior contacts with the suspected shooter in the past but couldnt elaborate on his medical conditions or he was on any sort of medicine. There was notion about this man suffering from ptsd but the fbi not confirming that detail. Shannon thousands of people gathered all along the route of a hearse carrying sergeant ron helus. Accompanied by a long motorcade, he was shot multiple times. He decided to go in in an attempt to save others lives. Former nypd Intelligence Division officer, tyler spady who was at the bar when the shooting happened, he made it out. Welcome to you both tonight. I wish it was under better circumstances. Tyler, i saw your face and obviously this is incredible the emotional and raw for you. What can you tell us . Hearing it again, the shots, it is a little rattling. It is surreal. I cant believe we are doing this right now. Shannon you talked about being there and seeing the gunman and trying to get away, running over tables, doing anything you could to help others. You said you saw heroes and quoted from the book of john saying greater love has no man in this but to lay down their life for their friends. Is that what you saw in action last night . Yes. There were a lot of heroes. That are not with us anymore. A lot of people that stayed inside the bar even though there was a gunman 20 feet away breaking windows, helping people out, incredible what people were able to do. A place that was very joyful and felt very safe, friends gathered on a regular basis but we have at least one Law Enforcement officer who lost his life running in and telling his wife in a phone call i got to go, i love you but im running in. Radioing, telling others on the outside what he was seeing in the way he described it was horrific. We have a hero on our hands. Heroes take risks and sometimes they are mortal. Law enforcement and especially an active shooter situation like this, they know they are signing up, they know their duty is to run toward the gunfire and try to save lives. I have no doubt there were lives saved today, more people would have been killed had the sheriffs deputy not responded the way he did, to throw the shooter off from what his intent was. It probably bought precious seconds and that could be the difference between life and death and in a postcolumbine environment Law Enforcement knows they have to go in, you cant just set up a perimeter. This officer represented the sheriffs deputy, ron helus represents the best in Law Enforcement across the country and it is a tragedy that he has been lost but also a reminder of what our men and women in uniform do across the country every day. Shannon as you move forward, you had so many friends who were part of your regular family last night, what is your message as you try to get some rest and begin to come to terms with what happened last night . For everybody to come together and remember the heroes that were there last night who did an amazing job, to concentrate on helping people. It is an amazing thing. Shannon the change the way you look at life or see the world having seen this . Not at all. There are a lot of evil people in the world but that is outmatched by the good that we have. You saw people with a gun in their face moving towards the gunman and it is unbelievable. Shannon we are glad you are safe and sound, devastated and heartbroken for everyone who did not make it out, and their families and friends who grieve tonight. Thank you very much, both of you. In the wake of this tragedy we would like to take a moment to tell you more about some of the heroes including Ventura County sheriff sergeant ron helus, 29 year veteran of the police force, he died after being shot multiple times trying to save others as he went there purposely. According to multiple reports, 23yearold justin meek died trying to help others escape, punching out windows and measuring as many people as he could to safety. Victims include the adam housley, 18yearold lena housley. 22yearold cody kaufman said he had plans to join the army. Federal Appeals Court has ruled donald trump cannot immediately end and Obama Era Program which blocks immigrants who are brightest children, from deportation. A 3judge panel of the ninth Circuit Court of appeals kept in place a preliminary injunction blocking the administrations move, no comment from the white house. As the Migrant Caravan pushes north to the southern border there is new action, the administration claiming to roll out a new proposal that will restrict asylum claims. Trace gallagher is here to explain. Reporter lets begin with those most affected by the new asylum measures, the caravan heading to the us border. In the first caravan, an estimated 5000 Central American migrants have arrived in mexico city where most are sheltering in a sports stadium, many planning to continue their trip to the us on foot starting tomorrow, 600 miles to the nearest port of entry, caravan leaders asking the United Nations for buses to transport migrants. Another caravan of 4500 migrants is in what hocker. When and if they arrive there will be new guidelines, donald trump is expected to sign a proclamation invoking Emergency National security powers just like he did for the travel ban in 2017 to limit the number of asylum claims. The way it works is migrants who cross the us border illegally banned from applying asylum. Applications file that legal ports of entry would be accepted. That is a big change from current us and International Policy that allows foreign nationals to surrender themselves anywhere in the us. The problem with this new enforcement measures is potentially thousands of migrants are stuck at ports of entry and the administration does not have an answer where they plan to house those people. On top of that Us ImmigrationDetention Centers are maxed out. It is not like this new policy means we are starting from square one. In the past 5 years the us has seen a 2000 increase in asylum claims. As of 6 days ago, 200,000 asylum cases where pending. That is a backlog of several months. With those delays increasing odds the caravan members will try to cross into the us illegally. Many illegal immigration activists have artie come out opposing the administrations announcement and as soon as the president signed the proclamation we can expect legal challenges to quickly follow. Shannon yes we can. That is why we bring in Fox News Contributor and chief assistant us attorney andrew mccarthy. We have a lot to talk about. Lets start with the executive order we expect to be rolled out, executive action by the president tomorrow. Plenty of reaction already from the Leadership Conference on civil and human rights, no president can change the law for executive action. The country is still governed by laws including those that provide a process for the president and the press to seek refugee or. This is the trump administrations latest attack on immigrants founded on hate and the no phobia. The proposal will not be permitted to go into effect. Your take . The very good thing about Donald Trumps executive order, from the very first when he issued, contrary to some of the orders from the last administration, the 4 corners of trumps executive orders have always been within the limits of constitutional and statutory law and in particular with this executive order that went out today it is pursuant to an act of congress that gives him sleeping authority of the same type the Supreme Court ruled back in june that he had in connection with the socalled travel ban. They like to say trump is governing by executive order. What they forget to say is it is all pursuant to statute which means it is power that Congress Gave them, not power use usurping. This was the basis of the travel ban 3. 0 but they withheld his ability to make these moves with regard to immigration. It says in part when the president finds the entry of any aliens or class of aliens into the us would be detrimental to the interests of the United States he may buy proclamation for such a period as necessary to suspend entry of all aliens of any class of aliens of immigrants were not immigrants or oppose entry of aliens or any restriction he deems appropriate. There has been a lot of talk if youre going to apply for asylum you have to go through port of entry and if you come over the border illegally you are going to be denied the chance to take the asylum route and workers including the aclu say that is not legal, to say you have to go to port of entry. Preposterous to say it is not legal but their theory and saying it is not legal is some interpretation of this International Law and i hate to break the news but in the United States american law applies and the thought that it could be outrageous to tell people that since asylum is a discretionary act by the state and that means the state can put whatever conditions on it that it wants, what you have to do to come into our country is enter legally which means you have to be present in the country legally or you have to come through a port of entry where we can process he rather than come like a mob over an unguarded or spiritually guarded part of the border. It is common sense. Shannon the ninth circuit ruling against the president on wanting to roll back daca, which of these cases goes to the Supreme Court . The executive order will get there but we are at an early stage of that. With the daca case where the ninth circuit opinion is like a bad novel, like a policy paper or shannon personal stories in there. When it doesnt read like that it reads like Homeland Security from the obama administrations memo. I think that will get to the Supreme Court faster because there is a dispute between the daca interpretation in the ninth circuit and the dapa similar order. Shannon this administration is at the Supreme Court to take up daca before the ninth circuit ruling. You and i will talk about it, thank you for stopping in, great to have you. Supreme Court JusticeRuth Bader Ginsburg admitted to the hospital. We have an update on her injuries and recovery after the break. Shannon tonight is supreme co tonight the Supreme Courts oldest member, Ruth Bader Ginsburg, is in a Washington Hospital after breaking several ribs and a fall raising questions how long she plans to stay on her job. Allison barber has been investigating. It is tightly guarded information. Reporter he checked into at Washington University hospital after taking a double in her Office Wednesday evening. The court said she went home after the fall but had is the hospital early this morning after experiencing discomfort. Tests showed she fractured 3 ribs on her left side and was admitted for observation and treatment, the new spark in outpouring of support online, many offering to donate their own ribs. It led to speculation about her future on the nations highest court. She is the oldest justice on the court, she previously shot down rumors about retirement and lined up thoughts of 2020. As long as i do the job, full steam, i will do it. He has also had a fall before. In 2012, leading to fractures, has a history of cardiac stent put in 2014, she has overcome cancer twice including pancreatic cancer. She is tough. Shannon she criticized candidate trump telling the New York Times i cant imagine what the country would be with donald trump as our president. The court, i dont want to contemplate that. He later apologized and issued a statement that Justice Ginsburg called her comments illadvised, the judges should avoid commenting on a candidate for Public Office and said in the future she would be more circumspect. The white house as they hope she has a full and speedy recovery. She has never missed a Supreme Court argument. The court is not expected to hear arguments before november 26th. It seems she has time. Shannon they work from wherever they are, hospital, teaching assignment, always working. She showed up the day after her husband passed away. Her devotion to the court is undeniable. The release of a christian woman on death row sparking fears protests in pakistan. The highest court acquitted her late last month overcharges she insulted the prophet mohammed. The mystery confirms her release which he was offered asylum by several countries but her whereabouts are unknown. A disturbing story affecting one of our own, Tucker Carlson and his family after the break. Shannon Tucker Carlson weighing in tonight on the angry mob that damaged his front door and shannon Tucker Carlson responding to the angry mob the damage to his front door and made angry threats when his wife was there alone. He called them totalitarian in its intent. Media analyst howard kurtz has a story. Trumps proposal would get us closer to the purpose of the 14th amendment and for that he is being denounced nationally is a racist. Reporter two hours before his fox news show last night Tucker Carlson learned nearly 2 dozen antifascist protesters were outside his Washington Home chanting insult and demanding he leave the city. We know where you sleep at night. Reporter the leftwing demonstrators rings carlsons wife and four children and pushed against his front door until it cracked. Carlson told me these were not protesters, they were people who came to threaten my family. Designed to shut people up. Suzanne scott and president j wallace, more Civil National conversation, called the incident reprehensible, violent threats and intimidation tactics are completely unacceptable. The group, smash races in dc, the address of carlsons brother and the daily caller, staged protest against such republicans as senator ted cruz. This is part of a wave of conversations targeting gop lawmakers, Homeland Security chief kirstjen neilsen. And Senate Republican leader rich mcconnell. Why dont you get out of here. Reporter the protests expanded to conservative media figures, some of carlson at liberal critics said his home should be out of bounds. Tucker carlson is a controversial commentator but targeting homes and families breaches the boundaries of free speech. Such harassment could spark counter protest against the left raising the risk that one of these incidents will end badly. Shannon we dont want that for either side. Thanks for digging in. Tucker is on vacation for a couple days. Already planned. Mostwatched, most trusted, most grateful you spent the evening with us. Brian kilmeade in for tucker next. The new Capital One Savor card. Earn 4 cash back on dining and 4 on entertainment. Now when you go out, you cash in. Whats in your wallet . With who we are as people and making everybody feel welcome. Ordering custom ink tshirts has been a really smart decision for our business. I love the custom ink design lab because its really easy to use. They have Customer Service that you can reach anytime. Tshirts help us immediately get a sense of who we are as a group. From the moment clients walk in, theyre able to feel like part of the family. [spokesman] custom ink has hundreds of products for your business and free shipping. Upload your logo or start your design today at customink. Com. [gunshots] heather this is fox and friends first. Happening right now at 4 00 am a fox news alert. You saw that chilling video capturing the moment a night of fun turned into an and thinkable nightmare. What we just learned about the california gunmans troubling past as Police Search for a motive. Here for one purpose, to steal this election, i will fight this all the way an