Bobby jindal, congressman brian babin. Here is the state of play right now. Were going to break it down with them. Again well break down what the president ed needs to win the white house. We have for you tonight the really bad calls in the media. Were bringing you more on what we have been reporting about the polls. How they were off. Weve got tonight how it was worse than realized is what was going on with the polls. We debate, are the media and the pollsters really that cut off from the country theyre supposed to cover . Well show you the worst calls of this election wacky. The media is cranking up the fear machine. Should you believe it . A reports growing mutiny of democrats against nancy pelosi in order to remove her as House Speaker. Well name for you what media critics say is the biggest loser of the night. It is something that the media has been hammering away at more than a year. Thanks for joining us. Im elizabeth macdonald. The evening edit starts right now. Is. Elizabeth joining me now is jason chaffetz. Former Oversight Committee chair. Great to see you. Congressman chaffetz is with us. The election is still in limbo. Millions of mailin ballots votes delayed the results. Still too close to call in pennsylvania, georgia, North Carolina and nevada. The president would need to take all of those in order to get their 57 Electoral College votes to take back the white house. Do you think he can do it . I think there is a distinct possibility. I also add to that list alaska should have been called a while ago in favor of the president , if you look at this senate numbers, i think as you go into those other states. I think the president will prevail, but i understand it is tight. There will be legal challenges. That is proper. That is right. That is the way to to to solve these issues but the the numbers are certainly pretty good for donald trump that way. Although wisconsin and michigan to have those called in favor of joe biden, thats painful. Elizabeth okay. So biden takes wisconsin by less than 1 , just winning michigan. The Trump Campaign is demanding a recount in wisconsin and is trying to sue to stop counting in michigan before it is called. Also filing a lawsuit in pennsylvania to stop the counting there. They want their monitors in there to watch the tabulation. Former gop republican wisconsin Governor Scott walker, congressman, what did you think of scott walker saying in a tweet bidens lead in wisconsin is just too big. It is so big it will not be overturned in a recount. It is reportedly about 20,000 votes. What do you think of that call by scott walker there . Well, he certainly knows wisconsin being the former governor there. But you know, it is within the margin, within the 1 that they are demanding a recount. I think they should do it. Some of the top line numbers in the sheer number of voters and Voter Participation are very askew, very different than some of the others of the when you look to michigan, i mean weve seen videos, pictures coming out of detroit where poll watchers, and other observers, theyre boarding up the windows so you cant even see what is going on there. That is highly suspicious. In a city that is kind of notorious for some shenanigans. The openness and transparency should be paramount. It is going the other direction. That adds fuel to the fire as to what in the world is actually going on with that count in michigan . Elizabeth interesting. You know, the, weve been covering how the biden campaign, their hopes have been resting on uncounted mailin ballots to give him a surge, to put him over the top. State Election Officials keep saying in these states that those are leaning heavily democratic. Of the estimated total vote in pennsylvania, nearly half, 45 are absentee mailin ballots. The question is, is the math there for joe biden in pennsylvania or is it there for President Trump because joe biden needs i think Something Like 3 4 of the 1. 4 million mailin ballots to be counted in order to wipe out trumps lead there, 675,000 votes . What do you think will happen in pennsylvania . Yeah. When you have, when donald trump has a lead of nearly 700,000 votes and mailin ballots will come in break in such a huge number for joe biden i dont know you can get from here to there. Certainly the democrats have done well at the early mailin balloting but to that number and that surge with so much of the percentage of the vote in pennsylvania, i again think it is highly suspicious. It is why you have legal eagles on the ground on behalf of donald trump there fighting to make sure that there is maximum transparency in a place like philadelphia that is, is again, known for some of its shen begans. Earlier this year one of the Election Officials there in philadelphia was actually charged by the department of justice for trying to fix an election. They have a history of this. Its a recent one. Elizabeth okay. So you know, to your point, is the fight now about this . Are you going to see, are you expecting the Trump Campaign to win a recount in one or more states, that is number one . Also the fight is over this, what is a lawful ballot and what is not . Here is the lay of the land in 28 states, mailin ballots, they have to be postmarked and received by the end of the election day in order for them to count. In 22 states, now, 22 states the ballots can be counted, mailin ballots can be counted if postmarked by election day but counted up to certain days past the election day. So that is nearly half the states now were seeing this. Your thoughts on that . Well, states are the drivers in setting rules, regulations and the laws by which these are governed. Theyre executed by counties. Theyre certified by states. It is not a federal process at this point. The one other it is a tough road for donald trump. He has to run the gamut on georgia, North Carolina, pennsylvania but he also has got to go back at arizona and look at nevada. That is a tough road to do. When you have governor ducey, calm, cool collective customer, governor ducey is a wellrespected person on both sides of the aisle, hey, no, we should be waiting despite what the fox news desk has called, that should give people some paws to say there are hundreds of thousands of votes yet to be counted in arizona. We really dont have exposure what is going on in nevada. So i think there is still optimism on the Trump Campaign side of the ledger. I think if youre joe biden, you are kind of in the drivers seat pulled off michigan and wisconsin. Well see where those lawsuits go. Elizabeth okay. So youre saying, still question marks about arizona. The president does need to run the table on the rest of these four states being pennsylvania, North Carolina, georgia and nevada. Do you, do you think, they can pull it off . What is your, what are your odds there and what are your odds on the president and Trump Campaign taking this fight to the courts and winning . Do you think it will go to the Supreme Court . You have to look at that state by state. Some of those margins are going to be too big to surpass. I think the president clearly has a good lead in georgia. I think thats going to be strong for women. I think what is going on with senator tillis in North Carolina, and the president , North Carolina is good. He winning by hundreds of thousands of votes in pennsylvania. Nevada and arizona, the president is upside down on the vote tally there but there are hundreds of thousands of votes yet to be counted. Particularly there in arizona. Again i would add, the president will also win in alaska. Elizabeth all right. Jason chaffetz. Come back soon. Great to see you. Thanks, liz. Thanks. Elizabeth i have about the way were bringing back on a special guest tomorrow night, scott walker. Governor walker will be with us tomorrow on the evening edit. Were going to talk to him about what he was saying about that uphill battle the president faces with recount in wisconsin. Im going to break it down. Also, coming up, former federal prosecutor jim trusty on the trump and biden teams now telling supporters to buckle up. Court fights are coming over the vote count. So heres the question for you. Will the 2020 race take as long as 2000, 37 days to decide the winner or are we going to know, will we know this week . What is the story there . We will find out. President trump for the good of this nation, this is a very big moment. This is a major fraud on our nation. We want the law to be used in a proper manner. So well be going to the u. S. Supreme court. We want all voting to stop. 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So ridiculous. With paycom, employees enter and manage their own data in a single, easy to use software. Visit paycom. Com, and schedule your demo today. You work hard for your money. Stretched days for it. Juggled life for it. Took charge for it. So care for it. Look after it. Invest with the expertise of j. P. Morgan, either with an advisor or online, through chase. After all, its yours. Chase. Make more of whats yours. Elizabeth okay, lets welcome back to the show, former federal prosecutor jim trusty. He will talk to us about how trump and biden are telling supporters buckle up, prepare for a long drawnout court fight. Jim, great to see you. When will we know the winner . Will there be court fights . People dont want election day to be election month. Do you think there will be court fights over this . There will be but i dont expect it to drag on and on there are a number of practical and philosophical reasons for that. The courts are last group of people that want to resolve national elections. The Supreme Court is not waiting to have the phone ring to decide this election. That is the great irony democrats will probably win because of federalism and judicial conservism. What i mean by that, federal Supreme Court, local courts are not champing the bit as jason stated, voting is state and local one not federal function. That is the irony, federal courts may not want to touch any of this stuff. That is assuming you can build a sufficient record to present a case that goes up on appeal. Elizabeth i hear, you know, it is so interesting what youre saying because the fight is over this, it is, what happened in pennsylvania and North Carolina, for example. That respectively the state court in pennsylvania and the state election board in North Carolina allowed for the delay in counting the votes postmarked ballots for after the election. And you know, the constitutional fight is, is that the state legislatures decide who is, who is an elector and the Electoral College vote set up by the u. S. Constitution. So that is how it ends up in the Supreme Court. You wonder if Justice Barrett will be the fifth vote for that saying its a state legislatures. It is not the courts. Justice roberts and Justice Kagan are saying the courts are there to interpret the state legislatures and state constitutions. It says wonky and weanie, but you see how each state operates and to your point in terms of federalism, it is quite the turn around democrats benefiting from this. What do you think . Look there, is a bunch of practical things that create problems for trumps team as well and one of them is, you have to establish a record, some sort of evidence. You cant be suspicion. A lot of people can say, boy, i hate the way milwaukee, detroit, fully, Fulton County are terming this election but reality you have to have more than suspicion, more than just pointing out unintentional irregularities. You have to show what they call prejudice. You have to show harm to your Campaign Based on intentional irregularities. That is going to be uphill because again i think federalism dictates you let the state decide that. You dont let it bubble up to the Supreme Court unless there is something as outrageous what happened in bush v. Gore with the florida Supreme Court where they overreached. I think its a real hail mary at this point, even ex35 dieted litigation i dont see it siding the election. Elizabeth we this other fight, you know how checks get trapped in the mail, did the vote get trapped in the mail . We have talk of hundreds of thousands of ballots trapped in the postal system. Here is what happened, more than 65 million americans voted using mailin ballots. 27 mailin ballots were not counted of as a certain point yesterday. They flooded in. The post office is hammeredded by wait for it, justice emmet sullivan, the same judge on the general flynn case. Why did you, postal system, blow off my 3 00 deadline for postal inspectors to see if there are problems in the postal system . In pennsylvania, the post office only delivered half of the ballots own time in central pennsylvania, in philadelphia, 48 of the ballots were delivered on time. Were tracking, you know, problems with delays in the postal system for delivering the ballots, for states that counted, for, wait for it, 77 Electoral College votes. Were talking about states including georgia, pennsylvania, North Carolina. So your reaction to how this is going to play out . Well, the judges instincts to worry about the Postal Service may be well born but how he lands himself as kind of the arbiter of all things on this election is kind of amazing to me. You know i think the Postal Services response probably were a little busy to be dealing with you as selfappointed monitor for the u. S. Postal service. Look there is a lot that will be chalked up to kind of institutional shortcomings for things like the Postal Service, that still probably doesnt give rise to a successful lawsuit in either federal court or state court. So we tolerate a lot of negligence. The intentional stuff creates problems. Elizabeth do you think the Trump Campaign can move forward on this front, that the problems also, with the post office is hitting the ballots for the president . I mean, you know, i hear what youre saying about judge sullivan. He said you know, if astronauts can vote from outer space and then weve got the vote trapped in the postal system, do you think that the trump team can make hay with that . I think its a hail mary. Honestly i dont see that having a lot of traction. Not that it is factually untrue. It is fair game what is going on in todays world we should track things cleanly. Should meet deadlines very clearly but the absence of that performance isnt necessarily the type of constitutionalbased violation that lets, lets the courts weigh in and overturn the otherwise valid results. Elizabeth okay. Great to see you. Jim trusty. See you again. Great having you back on . See you, liz. Elizabeth next up, were you given the right information . Were you given the right information about the state of the race, about polls . Coming on next, is how judiciary ranking republican jim jordan. He will take on the really bad calls in the media, like this one, that a blue wave would come crashing over washington. Didnt happen. Look at this, there is another story, a growing mutiny by democrats against nancy pelosi. They want to remove pell as house nancy pelosi as House Speaker and put in another democrat. Jim jordan. We continue to grow our majority, much different every pundit said we would lose average of 15 to 20 seats. We know that is not true. We already have seven seats, with another 11 were winning right now. We see our majority continue to grow. Since pioneering the suv in 1935, the chevy suburban has carried many things. Nothing more important than family. Introducing the most versatile and advanced chevy suburban and tahoe ever. Can you tell me the story again . Every family has their own unique story. Give your family the chance to discover th