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I was just blown away what i saw with my own two eyes. The first thing i saw him do was gun down the girl behind the front counter and i saw it happen clear as day. I dont think i will ever forget that. The only thing going through my head the entire time was get out. You got to get out and get safe. A group of last nights survivors have now escaped death twice. Some who made it out of borderline bar and grill alive were at the route 91 festival in las vegas last year where a man shooting into the ground from a hotel room murdered 58 people. Authorities confirm the gunman in the shooting is dead. They believe he killed himself. Among the lives he took before he did that though was a sheriffs deputy. One of the first responders. Sergeant ron helus was a Police Officer for 29 years. He was just one year away from retireme retirement. He was shot and killed as he entered the building. He leaves behind a wife and son. He was a hard working, dedicated sheriffs sergeant. He was totally committed. He gave his all and tonight, as i told his wife, he died a hero because he went in to save lives to save other people. Throughout the hour and throughout last hour, officers escorted helus through the streets of Thousand Oaks where thousands of people lined to watch. Families are waiting to hear about their loved ones with chris jansing. A chris, i want to start with you. We know the number dead. We are hearing that families are being notified at this hour. What can you tell us . Reporter the note any indication p notification process has ge begun. Its almost unimaginable the depths of pain. Begun. Its almost unimaginable the depths of pain. We heard from the local counsel man who happens to be a minister. There was a lot of crying going on. We had the father of Cody Kauffman and his fatherinlaw come out. They learned their beloved who was just 22 years old, getting ready to go into the military, was among one of the victims. I talked to him last night before he headed out the door. First thing i said was a dont drink and drive. Last thing i said was son, i love you. That was the last thing i said. The companionship my son had with his oir tther two brothers. This is going to crush those two boys. This is not going to be easy for very long time. I just want him to know that he is going to be missed. Reporter very difficult to watch. We just saw what we believe is another family going inside the thousands oaks team center and their faces said everything. He had two little brothers. Six and eight years old. The dad said he will have to take them to church to have pastors help in letting them know that the big brother that they idolized was no longer going to be coming home. He had been looking forward to his step mom having her baby because he didnt have a little sister and that baby is due at the end of this month. Both his mom and step mom were inside that building in the way that his dad described it, jasons mom, they were so shattered, they couldnt even speak. Well see that scene play out again and again and again. Theres so many people in this community. The fourth Safest Community statistically in the country. They put out a call for blood as people have been showing up wanting to know what they could do. Jason showed incredible virtue in way because he was asked about the shooter. He said i dont want to talk about him but i feel sor ry for his parents. It is just terrible watching that. It seems like the stats dont matter. Doesnt matter how safe your town is. Doesnt matter if youre in place of worship or a yoga studio. Someone comes in with a gun, bad things happen. What youre look at right now are live pictures of the coro r coroners office. This is where offeicers have lined up to give their final salute to their brother to officer helus. You see these remarkable images and you see them of people lining the street to pay tribute. People lining the streets, common people, to salute a body. To salute a hero. Theyre especially poignant when you go out west and you have a long drive from one place to the other. Not only do you see people lining the streets but you see people standing on the overpass watching as the cars drive by the freeway. Its going be an emotional day there in hthousands oaks. It will be an emotional few weeks at thousands oaks. There were a number of wounded as well. What can you tell us about the status of their injuries . Reporter we know theres other victims here inside the medical center. I want to address what you and i both said. Sergeant helus body left that hospital in that procession just over an hour ago. You almost never see the type of outpouring of support on the streets of not only Los Angeles County but the county to the west like were seeing today. People lining the 101 freeway for dozens of miles. He went into that bar and grill and took incoming fire along with the two other california Highway Patrol officers that undoubtedly when you talked to Law Enforcement officials saved the lives of other people inside. He could not save every one but he drew fire from this shooter in way that allowed other people to escape. Not only that, they tried to get him out of there. His brothers and sisters in Law Enforcement as quickly as possible. They put him into a patrol vehicle, Sergeant Helus. They didnt wait for an ambulance. He was pronounced dead. Its a bizarre feeling out here in Southern California today. One that we feel far too often, 12 days ago in pittsburgh. What almost seems like regularly. What feels different, i suppose, today is the way that people have come out while they are still victims inside this hospital, while there are still bodies that are being looked at by the medical examiner, including Sergeant Helus now. It was College Country night at this bar. It wasnt a bartha w that was f with people just over 21 the there were High School Students there. Can you tell us about who was there and what country was about. Reporter 18 and 19yearolds. I heard from a colleague of ours that his daughter frequents that bar. You have people that were drinking because they were allowed to be there. Line dancing. A survivor picked up another one of his friends and drove her over here with a broken arm. Were not talking about just College Students drinking. Were talking about young kids that were there just to have a good time. This place was massive. Kids from colleges all throughout the south land were there to hang out and participate and have a good time. Sergeant helus is one of the many victims. What are we learning about the shooter . The last question, what could have caused him to do this is the one remaining question that we have. We know that ian long purchased this weapon in august of 2016 at a gun store. We know that weapon, the glock 21 was purchased legally. What is in question from a legal standpoint is that extended magazine. They would allow him to have more ammunition, to be able to fire and do what he did last night and create this terrible tragedy. That something that Law Enforcement will look into. How he may have purchased that and where that may have come from as far as any future prosecution or anything that could have come out of this. You mention the motive, was this a dispute that led him to this bar . Was there somebody inside of that bar he had a dispute with . Was this a random act . Thats something thats still under investigation. The sheriff addressed this this morning saying they responded to this persons home before. They are looking into ptsd. Any sort of ptsd he may have. Could have have been something that led him to this point. Theres a number of people, military people that suffer with ptsd. Thats not necessarily something that drives them to violence. It manifests itself in many different ways. Thats something that will have to be looked at at this point. We know the. 45 caliber is something that size of a bullet is something more and more law unforcement agencies are using because it has tremendous stopping power. Eunforcement age because it has tremendous stopping power. Nforcement agenc because it has tremendous stopping power. For a group of kids in a bar or group of College People that are in a bar, its something that will cause a tremendous amount of damage when they are hit by that at close range. I cant imagine how scary that could have been. Did he have an extended magazine . He did. Whether or not he reloaded multiple times, thats something he need to do reporting on and you need to look into. That extended magazine in california is not legal. That would need to be looked at. Normally you have to use the magazine that comes with or is fitted for that particular model of a weapon which would have a certain capacity by having that extended magazine. You would have additional ammunition without reloading. 12 days ago, another white man went into a synagogue and killed a bun ch of people. This is a white man who has gone sb into a bar and killed a bun mp bunch of people. I cant help but put that up against what the president said about the caravan when we have a real problem at home thats not been addressed by this administration. We have a serious problem in this country. In the last two weeks kentucky, down in florida, we have the bomb maker. Synagogue shooting in pittsburgh. Tallahassee and now in california. What consistently keeps coming up is silly excuses from the white house about how this would have been prevented if we had armed guards. You had Law Enforcement officer respond right ie waway. You had security and talking about undercover Law Enforcement or off duty Law Enforcement inside the premises. You cannot secure every place in america against this sort of a threat. When we go and look back in terms of how we have proliferated weapons and who we allow to have them, this person was not surprising from people in neighborhood. The l. A. Times was reporting it wasnt surprised that ian long was the perpetrator in this case. He was the man who knew how to use the gun. Hes been in the marines. L. A. Times report he been to afghanistan and deployed there. This is somebody with skills. With high powered weapon that can go in and execute. He has surprise when he shows nup tup in the place. Even if Law Enforcement knows about the individual, they have no means how do teal wio deal w this. How do you deal with haweapons the hands of someone like this . Whats the solution . I think a couple of things. One is universal background checks. The second one is frequency versus impact. Many are known or concerns about them. Lets put this in a different context. Imagine this was an al qaeda or isis oriented attack that was inspired. We would be freaking out right now about why this person had a gun. Why were they allowed to do this. Think back to the boston bombings. Why didnt Law Enforcement do anything. We treat it completely different when its a one offshooting. We treat it differently when your skin is a certain color. Thats pretty clear. Its based on demographics. Its based on how people treat this in terms of a one off. Its ridiculous. Many of these indicators are the same whether its mass shooting, extremist ie taattack or direct inspired. Here in this case in just two weeks weve had four incidents that had major significance. Im sure many more that i dont know about. We have done nothing to address it. The president will say all of these places have armed guards. That does not account for surprise. It doesnt account for skilled shooters and that have the offensive. Thats right. Thank you so much. Still ahead this hour, is the president s appointment of an acting attorney general unconstitutional . What can democrats do about it, if anything . Right after this break, what do we know about Robert Muellers new boss . Were getting back to politics. S were getting back to politics ive never had Fried Chicken in my life. You people love the Fried Chicken. You have a very narrow assessment of me tony. Yeah right. Im good. So shark invented duo clean. While deep cleaning carpets, the added soft brush roll picks up large particles, gives floors a polished look, and fearlessly devours piles. Duo clean technology, corded and cordfree. Gimme one minute. And ill tell you some important things to know about medicare. First, it doesnt pay for everything. Say this pizza is your part b medical expenses. This much about 80 medicare will pay for. Whats left, you have to pay for that. Thats where an aarp Medicare Supplement insurance plan, insured by Unitedhealthcare Insurance Company comes in. This type of plan helps pay some of what medicare doesnt. And these are the only plans to carry the aarp endorsement for meeting their high standards of quality and service. To request your free decision guide call now or go online at aarpmedicaresupplement. Com. With this type of plan, youll have the freedom to choose any doctor who accepts medicare patients. And when you travel, your plan will go with you anywhere in the country. Whew call or go online and find out more. Whew after a scratch so small rocket you could fix it with a pen. How about using that pen to sign up for new insurance instead . For drivers with accident forgiveness, Liberty Mutual wont raise their rates because of their first accident. Liberty. Liberty. Liberty. Liberty. [ready forngs ] christmas . No, its way too early to be annoyed by christmas. You just need some holiday spirit thats it this feud just went mobile. With xfinity xfi you get the best wifi experience at home. And with xfinity mobile, you get the best wireless coverage for your phone. Youre about to find out you dont even know where i live. Hello see the grinch in theaters by saying get grinch tickets into your xfinity x1 voice remote. A guy just dropped this off. Hehehehe. After months of speculation, President Trump has fired attorney general Jeff Sessions. Happened in this hour just yesterday. He immediately replaced him with matthew whittaker. Now the acting ag is officially in charge of the russia investigation as of yesterday afternoon. Hes been pretty clear about how kneels about it. Before he was ag sessions chief of staff in that office. He wrote in 2017 that the Mueller Investigation has quote, gone too far. He referred to mueller and his team as a lynch mob and floated a plan to choke off funds to the special counsels officer. He explicitly articulated that plan on cnn. I could see a scenario where Jeff Sessions is replaced with an poappointment and that attory general just reduces the budget so low his investigation grinds to a halt. Our big question is, what happens to the Mueller Investigation under President Trumps acting attorney general. Joining me now nbc news justice and National Security reporter julia aimsley and betsy woodruff. Ladies you have been following the special counsel investigation now for quite some time reporting on the ins and outs. The question of what happens if sessions were to be fired has been floated a number of times. We know he has been fired. Hes been replaced by partisan. Not replaced by the Deputy Attorney general who is Rod Rosenstein. Julia, whats going to happen to muellers investigation . What does this mean for the investigation Going Forward . S youre right to call him a partisan. A number of people say its clear where his loyalties lie. Thats been apparent since he came into the position as chief of staff. Theres a number of things he could do that could have a direct impact on this investigation. He could decide whether or not to make that report that bob mueller will write public. Whether or not you and i and the public get to see what those results are on obstruction, on collusion, all these Big Questions that we have been trying to get to the bottom of for over a year. He could also decide whether or not to stand up to the white house or to congress on whether or not to declassify certain documents. We have seen Rod Rosenstein do that in the past. Its not clear that whittaker would have the same backbone. He could cut muellers knees out by curtailing resources. That could be funding. That could not allow him to go down a certain path in his investiga investigating. That could be a more subtle way that could slowly bring it to a halt. Those are the words whittaker used. Hes already outlined that st strategy before. How do the career employees feel about this . They have known if this did not go to Rod Rosenstein after the firing of sessions, if he was not put in that acting position, that would spell a number of problems for the Mueller Investigation and really sour the Justice Department especially when they see that their boss, the president , is making that kind of decision. It would have the appearance of an ethics conflict. Its on whittaker himself to go to those ethics consultants. He could go to those inside the doj or office of government ethics. Its incumbent upon him to do that. A number of people says he has no plans to do that. He fully intends to toke over the mueller probe. There are questions about whether or not he can be independent not only from what hes said in the past about this investigation but the relationships he has with those being investigated. Sam clovis has come up. They became friends when they ran unsuccessfully when they ran for the gop nomination in iowa senate in 2014. Say he gets an opinion from somebody in the Ethics Office saying you really shouldnt be a part of this. Are we going to find out their opinion on that or could whittaker bury that and is there any recourse . Those ethics opinions are not automatically made public. Its possible that someone in that office could potentially leak such an opinion. Its possible that reporters could acquire any such opinion through a freedom of information act request. The important thing to remember about the way they handle these not so complicated ethical issues is the ethics attorneys dont have veto power over what the Political Leadership does. The etsichics add viervisers wo able to order him to take a step back. I was asked this last night by a group of people and i didnt have a good answer for them. We noticed when ever mueller had an indictment, what we have seen is Rod Rosenstein go to the podium and announce the indictment and lay it out. If theres an indictment that mueller has tomorrow, today, the next week, are we still going to see that same procedure happen . Its certainly possible but its unlikely that whittaker will want to present himself as the new face or defender of the mueller probe. Its a good question. We dont know the answer to that right now. Its likely to depend on what kind of indictments that mueller is interested in bringing. I would be a bit surprised to see whittaker present himself as the defender and vocal face of that indictment. However, were mueller to indict foreignen nationals as we has multiple times over the course of the last year, its more likely that Political Leadership at Justice Department, including whittaker, would be willing and able to come forward and sort of put on and come forward. Thats a great point. It goes beyond just a press conference. It would go to court. This person, the role whittaker is stepping into has to defend the actions of the special counsel in court. What will happen when you have someone who is such a loyalist in that position. Its going to be really tricky one. Well see that play out across the board. Well see how long hes in this position and whether or not this administration nominates somebody new with any sort of expediency. Then who that person is and whether the Senate Confirms them. Remember the senate just added gop senators. Thats probably a likelier bet than before. Thank you so mump fch. The firing of Jeff Sessions has left an open partisan in charge of the Justice Department. Come january when democrats take control of the house they plan to do something about it. The expected chairs of the house intelligence and judiciary committees as well as likely speaker has been critical of whittaker. What can the democrats do . Ken, you cover this and the intelligence committees in congress. The democrats will have control of the ones in the house. What can they do . They will be able to oversee the Mueller Investigation in the sense of knowing and learning if, for example, mr. Whittaker is blocking certain key investigative steps. Congress will learn about that and may want to make that information public. They are going to conduct their own russia investigation. The republicans on the House Intelligence Committee wrapped up their investigation in march and concluded there had been no collusion. Democrats have been continuing to investigate and call witnesses very quietly. Come january theyll have subpoena power. The ability to legally compel people to come before their committee and testify under oath and also the ability to force the Trump Administration and private citizens to turn over documents. Thats a crucial tool. They will be able to conduct a parallel investigation along with Robert Mueller and the role is to make this information public. Public pressure to sway political leaders. The democrats have already told the Trump Administration to preserve documents on the firing of Jeff Sessions. What might they find in those documents . What are they looking for . What do you know . That goes back to the first role which is oversight on this whole process of how Jeff Sessions was forced out and whether or not anything inappropriate happened. No doubt Robert Mueller is interested in that question. Commentators have been suggesting this act could amount to obstruction of justice in plain sight. House democrats are interested in that. Why was whittaker put in this role instead of Rod Rosenstein. The only thing House Democrats can do is get that information to the public and hope there will be enough out rage to prompt action. Mueller and the Justice Department are the people that can bring indictments and put people in prison. Congress cant do that. Thank you very much. Professor, its great to have you. You said today or yesterday, i believe, that the appointment of whittaker is illegal. Why do you believe that . The fundamental reason is the u. S. Constitution in article 2 section 2 clause 2 makes it absolutely clear that a principal officer of the united states, that is something who exercises enough power so hes answerable only to the president cannot be appointmented ju appo president but must be appointed pursuant to the advice and consent of the senate. The president has no power to circumvent that. The president and in fact Matt Whittaker have been among the people who have argued that james comeys replacement, Robert Mueller needed Senate Confirmation and couldnt be appointed the way he was. Thats not true about mueller because mueller has a boss below the president. Muellers boss is rosenstein. They are now trying to make muellers boss a guy who was illegally appointed. I think when the democrats take over the house they should disregard everything that this pretender to the position of attorney general tries to do. Hes not senate confirmed. That makes his appointment unconstitutional. It shouldnt get lost in technical details. Your opinion is shared by Kelly Ann Conways husband. He wrote an oped about that today in the new york times. When you say democrats should ignore whittaker, what do you mean by that and how do they do that . What i mean is, the way they do it is pick up the phone and ask Robert Mueller to come over to the hill and testify under oath to all of his findings except for the things that are classified. Unlike what happens if mueller decides formally to present a report to congress, needing the con se consent of a supervisor. He doesnt need the consent to comply with a subpoena. Unlike a subpoena to cabinet members under trump which they might resist and then they would have to go to court and might get a judge who has a very expansive view of executive privilege, this kind of request, subpoena, if it has to become one, is one that mueller would have no reason to resist. If fact theres this guy lording it over him who is not mealegal appointed say i dont want you to go over there would be irrelevant. Are you concerned about the firing of Jeff Sessions . The president has the authority to fire whoever he wants in his own administration. Are there limits to that and would the firing of Jeff Sessions potentially be within one of those limits or outside of those limits . I think its a violation of the limits. The president can fire anyone who wants who serves at his pleasure. Thats what makes Jeff Sessions a principal officer. He answers only to the president. If the president uses one of his powers corruptly to cover up his own kcriminality and thats whats going won the president s displeasure with Jeff Sessions then thats an abuse of power and that enters impeachment territory. It seems from the beginning when he said i dont think Jeff Sessions should have recused himself even though the rules of the department of justice told him he should because he was involved in the campaign he would otherwise be supervising the investigation of, i dont think he should recuse himself and he make it transparent. The reason is he wanted someone in that position who would shields him, protect him from the investigation. In other words, obstruct the investigation. The installation of whittaker is unconstitutional as well as a violation of the federal vacancy reform act and the removal of sessions, which was only covered with a thin fig leaf of resignation. It was a firing. The removal was itself part of a pattern of obstruction of justice. We are witnessing a slow motion constitutional crisis. I hope the constitution manages to stand up to the stress test that is being imposed on it. Joe manchin who just got reelected in West Virginia said the same thing. I think were on the verge of a constitutional crisis. I think its a big mistake to let Jeff Sessions go. I understand the Mueller Investigation is wrapping up. You ought to have a team in place to wrap it up so theres no questions. Professor, thank you so much for being here. Thanks. Up next, the flips just keep oncoming. Flips just keep oncoming shaquem get in here. Take your razor, yup. Alright, up and down, never side to side, shaquem. You got it . Come on, get back. Quem, you a second behind your brother, stay focused. Cant nobody beat you, cant nobody beat you. Hard work baby, it gonna pay off. You got this. With the one hundred and fortyfirst pick, the Seattle Seahawks select. Alright, you got it, shaquem. Alright, let me see. Discover. O. I like your card, but im absolutely not paying an annual fee. Discover has no annual fees. Really . Yeah. We just dont believe in them. Oh nice. You would not believe how long ive been rehearsing that. No annual fee on any card. Only from discover. And everyone ive ever opioloved away from me. Thing everything. I blew my ankle out and i got prescribed pain pills by my doctor. If making my detox public is gonna help somebody im all for it. I just wish i wouldve had a warning. Today three more house seats flipped from red to blue. Democrats gained the house has increased to 31 seats. You remember that district between that race well lucy has unseated her. Thats also three more women who are headed to washington. That is only part of the story. Democrats picked up 7 governorships. 323 state legislature seats and six legislative chambers. Thats a really big deal. Thanks so much for joining me. Lets talk about what we saw today with these continued flips for the house for democrats. How does this play out and what does this mean for, in your opinion, for republicans across the country. When you look at the races in the macro, its a huge success for democrats. Theres lot of people that want to see some checks and balances. Thats why democrats were able to seize control of the house. When you think about investigations you have have i Elijah Cummings chairing oversight. We have seen as evidenced by his behavior yesterday and some of the things he said with Jeff Sessions resigning, this is a huge deal for democrats across the country. I also think you cant ignore the role that race played in midterm elections. Based on some of the rhetoric we have seen come out of white house there were people who decided diversity is needed to congress. As you see gop shrinking is becoming increasingly older and more of a white male party, i think the counter balance theyll have trouble reconciling with one of the most diverse congresses this country has seen. Youve got native americans coming to congress. Iana pressley who will be the first black woman to represent boston in congress. I think all of those things matter to people. On the right a lot of issues that resonate with people on the right were cultural war. I think these things cast a wide net of influence. Well see how it plays out once we knsee the new congress in january. On the dpgop side, a korean woman was elected out of california. Marsha blackburn to be a senator. First time a woman ever comes out of tennessee. Its a big deal across the board. Rick tyler, in looking at the state legislature, the governorships, we dont focus so much on it because we look so nationally. If democrats are able, and they were, to take over state legislatures, how does that affect things Going Forward. What sort of influence and control will they have . Its very dramatic because as you say rgs , we focussed on elections and who gets elected. They come from the state legislature. These are the benches that the party ies have to draw. I think this is much more than the republicans had a bad election cycle. The republicans drew a great map by lottery. A third of the senate is elected every two years and the republicans drew a ter rrific m. They were on offense and the democrats were on defense which explained why the republicans picked up seats. We lost over 300 state legislatures. What is happening is i dont think this is just a one time bad election. This is a generational realignment. Whats happening is white, affluent, educated voters have joined with mie nnorities and voting democratic. That will be difficult for the Republican Party to reverse. They chose a road in nominated donald trump to be their party leader, that road is a dead end. It leads to permanent minority status as a party. Thats where the party is going. Its not going to be able to reverse itself. We will continue to see these trends for the Republican Party. Thank you very much. Appreciate it. The georgia governors race remains too close to call. Republican brie brian kemp is ditching his day job any way. I ditching his day job any way ditching his day job any way. Ans ditching his day job any way comfort. What we deliver by delivering. Discover card. I justis this for real . Match, yep. We match all the cash back new cardmembers earn at the end of their first year, automatically. Whoo i got my money hard to contain yourself, isnt it . Uh huh let it go whoo get a dollarfordollar match at the end of your first year. Only from discover. About medicare and supplemental insurance. Medicare is great, but it doesnt cover everything only about 80 of your part b medicare costs, which means you may have to pay for the rest. Thats where Medicare Supplement insurance comes in to help pay for some of what medicare doesnt. Learn how an aarp Medicare Supplement insurance plan, insured by United Healthcare Insurance Company might be the right choice for you. 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One if youre turning 65, you may be eligible for medicare but it only covers about 80 of your Medicare Part b costs. A Medicare Supplement plan may help pay for some of the rest. Two this type of plan allows you to keep your doctor as long as he or she accepts medicare patients. And three these are the only Medicare Supplement plans endorsed by aarp. Learn more about why you should choose an aarp Medicare Supplement plan. Call today for a free guide. That skills like teamwork, attention to detail, and Customer Service are critical to business success. The kind of skills, that work for you. There are still a number of key mid term races that are too close to call. In florida, nbc news can report that votes in the governors race between andrew governors race between Andrew Gillum and ron desantis has reached the point 5 margin, that is within the range for a recount. But gillum has already conceded. At this point, that will not change. Well update you if that does. In arizona, republican Martha Mcsally and democrat Kyrsten Sinema are nearly neck and neck in the battle for the senate seat there. The state is working to tally more than 600,000 ballots that have yet to be counted. And in georgias gubernatorial contest, the race between brian kemp and Stacey Abrams is also too close to call. This morning, though, kemp resigned as secretary of state and declared victory, saying he needs to begin his transition to the states top office. Abrams has not yet conceded. Yoing joining me, the reporter behind that story whos been following this race from the ground, Atlanta Journal constitutions greg bluestein. You all know him because hes been on this show a number of times since the past week and a half since weve been covering this race. So take us through whats happening right now. You have brian kemp, whos resigned that office. Hes declared victory. Hes already trying to move through with the transition. But at the same time, absentee ballots and other ballots down there in georgia, they dont get they have until 5 00 tomorrow to get into the board of elections office, the registrars office, and they dont get certified now until tuesday. So democrats are saying down there that this is a bit premature on brian kemps part and that they still have the possibility of the getting within the margin for a recount or potentially a runoff. Exactly, brian kemp leads by about 65,000 votes, but theres a more narrow margin for abrams to get to runoff, which would be in december, she needs to have about 25,000 more votes. Right now, thats about the same number of ballots still outstanding. Theres about 3,000 or so absentee ballots that we know about and 21,000 or so other provisional ballots. Those are ballots where people maybe had problems with their photo i. D. S or other problems when they went to vote. They get a provisional ballot and have a couple of days to show their information. So there are about 24,000 other ballots out there that we know about. And abrams says theres still ballots that we dont know about. There may be other absentee ballots that we dont know about and military ballots coming from overseas that have yet to be counted. So she says shes not going to concede until every single one of those ballots have been counted for. And they filed lawsuits . Yes, this morning they unveiled their litigation team, which is filing its first lawsuit in dougherty county, a deep blue county in southwest georgia that was ravaged by hurricane michael. They say they need more time to count for absentee ballot extensions in that area because of all of the hurricanerelated damage there. And theyre also hinting at more litigation coming from what they call some interesting irregularities in other counties. We dont know what those are yet, but expect them to file a wrath of litigation. I think this phase of this postelection battle really will shift to the courtroom. I was talking to somebody in the kemp camp earlier today and they were saying that what the abrams camp is doing is theyre just trying to move the goalpost. They say that they need to get started on the transition, because theyve got to get up and running quickly. They also say that when youre looking at provisional ballots, only 50 of them in the past, usually go on to be validated, to be certified. So that it is mathematically impossible for Stacey Abrams to get within that margin right now. Yeah, thats exactly their narrative. That she has no chance of getting to this margin. And so let him start transitioning. And theyre also worried that this is going to sort of undermine their legitimacy Going Forward, theres a special sessions in georgia next week, and of course, if he ends up being the victor, when hes inaugurated in january, theyre worried about this continuing to dog them. And thats my he showed up today with governor diehl, who heartily endorsed him as the governorelect. And theres a string of elected officials in georgia who have also used the same moniker, governorelect. They say this race is over and its mathematically impossible for Stacey Abrams to have a chance of getting there. When do we know one way or the other . Tuesday . I dont think its even tuesday. We might see a National Media call then once these elections are certified, but i dont expect Stacey Abrams to concede until if she is, indeed, concede, until all of those ballots are counted. Shes staked her campaign on letting the people vote, with on Voting Rights and voting access and ballot access. And theyve made it very clear, theyre going to work until all of those ballots are counted. Greg bluestein, good to see you, even if its over a satellite. Thank you very much. Youve got to come back down here. Thanks. Absolutely. And coming up next, why could things get interesting tonight when the clock strikes 5 00 . One more thing is next. One more thing is next tallyfy packaging for restaurants. And weve grown substantially. So i switched to the spark cash card from capital one. I earn unlimited 2 cash back on everything i buy. And last year, i earned 36,000 in cash back. Thats right, 36,000. Which i used to offer Health Insurance to my employees. My unlimited 2 cash back is more than just a perk, its our healthcare. Can i say it . Whats in your wallet . I couldnt catch my breath. It was the last song of the night. It felt like my heart was skipping beats. They said i had afib. Whats afib . I knew that meant i was at a greater risk of stroke. I needed answers. My doctor and i chose xarelto® to help keep me protected from a stroke. Oncedaily xarelto®, a latestgeneration blood thinner significantly lowers the risk of stroke in people with afib not caused by a heart valve problem. Warfarin interferes with at least 6 of your bodys natural bloodclotting factors. Xarelto® is selective, targeting just one critical factor. For afib patients well managed on warfarin, there is limited information on how xarelto® compares in reducing the risk of stroke. Dont stop taking xarelto® without talking to your doctor, as this may increase your risk of stroke. While taking, you may bruise more easily, or take longer for bleeding to stop. Xarelto® can cause serious, and in rare cases, fatal bleeding. It may increase your risk of bleeding if you take certain medicines. Get help right away for unexpected bleeding or unusual bruising. Do not take xarelto® if you have an artificial heart valve or abnormal bleeding. Before starting, tell your doctor about all planned medical or dental procedures and any kidney or liver problems. Learn all you can to help protect yourself from a stroke. Talk to your doctor about xarelto®. You see clear skin. Cosentyx can help people with moderate to Severe Plaque Psoriasis find clear skin that can last. Dont use if youre allergic to cosentyx. Before starting, get checked for tuberculosis. An increased risk of infections and lowered ability to fight them may occur. Tell your doctor about an infection or symptoms, if your inflammatory bowel disease symptoms develop or worsen, or if youve had a vaccine or plan to. Serious allergic reactions may occur. How sexy are these elbows . Ask your dermatologist about cosentyx. One more thing before we go, expect to see protests tonight calling for the protection of the Mueller Investigation. A network of activist groups called nobody is above the law have organized nearly 1,000 Rapid Response demonstrations, calling for the independence of the special counsel. The network has been waiting and watching the president s actions for weeks. They say in hopes of never having to protest. But yesterday they pressed their red button. They say the line was crossed. Let me mix all of my metaphors for you. Theyve gone nuclear. I guess when Jeff Sessions was ousted as attorney general. Tonights protests will call for congress to hold the Administration Accountable and for acting attorney general Matt Whitaker to step aside as supervisor of muellers team. So tonight at 5 00 p. M. , your time, no matter where you are in the country, the group is calling for you to take nonviolent, peaceful action. At least one protest is planned in every single state, all 50 of them, and the troierritories, t. Two in puerto rico and at least one in the virgin islands. I like the to be the one in the virgin islands, ali. Noot bt bad, right. Thatll wrap things up for this hour. Thanks, friend. It doesnt matter how safe your community is, it can happen anywhere. That was the devastating reminder from Ventura County sheriff geoff dean who briefed reporters on an alltoofamiliar tragedy that plagues this country. 10 injured, 12 killed and america is once again in mourning, this time for the victims of a mass shooting inside the border timeline bar grill in Thousand Oaks, california, during a College Country night. I talked about to him last night before he headed out the door. First thing i said was please dont drink and drive. Last thing i said was, son, i love you. Cody was the big brother that my kids need. I have a daughter coming on the 29th of this month that he was so excited to have his first sister. And not now shell never

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