doses could be administered within days. >> president trump, as you know, is not focused on the raging pandemic. he has not been for a very long time. instead, he's very focused on trying to overturn the results of an election he lost in a landslide. the president joined a lawsuit brought by the texas attorney general asking the supreme court to invalidate millions of valid votes in battleground states. 17 republican-led states have now joined in support of that case. the texas ag is reportedly under federal investigation. he'll be at the white house today. we'll have more on that later. >> we'll begin with the breaking news on the pandemic. joining us now, dr. sanjay gupta. sanjay, more than 3,100 deaths. we are at this record number and i think what should truly scare people this morning is there is every reason to believe that number will go up and will not go down for some time. this is a dire moment in this pandemic. >> yeah, unfortunately, john, you know, you're right. it was -- it's a dire moment, it's a predictable moment. i think people have been saying this for some time, that these couple of months were going to be the worst months in all of this. we are two weeks, today, exactly, from thanksgiving. it is around this time that we start to see that surge in hospitalizations and, you know, we've been seeing that already. it was already going up. you're going to add this surge now on top of it. we're probably in the throws of it. then a week or so, maub two weeks later is when we typically see the death rates increasing. so one week from two weeks to now. they're already increasing. so, again, you apply the surge on top of that. i hate to speak in such dire terms, but it is the truth, and then we're goinging to into the winter holidays, and we may see some of that surge, you know, amplified even greater. that's the real concern here. so, you know, lots of excitement. today is a big day. a day that very few people would have predicted happening this early, in terms of an fda advisory committee meeting. but at the same time, as you point out, it's layered on top of numbers that are truly becoming awful. icus that don't have any beds right now. where doctors, nurses are looking at themselves in the morning and saying, what are we going to do if another patient comes in who needs intensive care. do we move a patient out, somehow try to find another space, do we turn regular care floors into icu floors? are we using other buildings as surge capacity. these are real decisions that are happening right now. >> at least rudy giuliani was able to take a hospital bed with mild symptoms, as he has described them. but sanjay, i know that you have looked into how this rollout is going to happen. if today, two hours from now, if the fda approves this for emergency use authorization, as expected, what happens next? so let's take a look at your reportin reporting. >> it was the shot seen around the world. 90-year-old margaret keenan, the first woman in the united kingdom, in the world, to receive an authorized covid-19 vaccine. >> all done! >> it had been 286 days since the first patient in the united states died. and now finally, a signal of hope. >> pfizer and biontech have admitted. >> reporter: up until now, the only real information about how the vaccines were working were coming from the companies themselves. >> 90% is a game changer. >> reporter: but the world is now watching as this vaccine is being rolled out in realtime, with all of the excitement, but also the concerns. >> we want to make sure that any vaccine that comes out in america has the full gold standard stamp of approval of the fda career people. >> the data was submitted three days earlier to the fda versus to the uk regulatory authorities. why is it? >> if we don't do our job to reassure and ensure the safety and efficacy of the vaccine to the american people, then we're going to contribute to vaccine hesitancy. >> we look at the actual adverse event reports, the bad spelling errors that are made by physicians. >> peter marks is the director of the fda center for evaluation and research, leading the fda team reviewing the data of about 44,000 pfizer trial volunteers. half on placebo, half on actual vaccine. their findings so far, similar to what we've heard from pfizer itself. >> they had 95% effectiveness across a wide range of individuals. >> since november 20th, fda scientists have pored over tens of thousands of pages of data, down to the level of the individual participants' medical records. now more than 20 scientists and committee members collectively known as the advisory committee will review all the data. yes, for effectiveness, but equally important, how did the vaccine fare among people of different ages, different races, and different medical conditions? >> we're going to look at underrepresented minorities. we're going to look at the elderly, young folks, pregnant women, folks with underlying immunodeficien immunodeficiencies, immunoproblems. that's part of the entire package that we'll present to the vaccine advisory committee. >> but after the first dose, there is a lot a fair amount of protection. it was 52.4%, roughly. a lot lower, but better than the 50% that the fda originally required. does it make sense to you to take the 40 million projected doses by the end of the year and give all of those as first doses to people? >> we considered that, sanjay. and we decided that it would be more prudent not to do that. namely, to get the real total degree of protection, not the 52%, but the 95% after the second dose. >> these are the kinds of questions the advisory group will ask. to help determine who the vaccine will be authorized for. and then the group will vote. their vote doesn't bind the fda, but the agency usually does follow their lead. the goal, to have 60 to 70% of the country vaccinated to achieve herd immunity and protect our communities from this virus, which is why this meeting will be repeated again next week as the fda considers the equally promising vaccine candidate from moderna. and again, to consider other vaccines, like that from johnson & johnson and oxford's astrazeneca. all of it to get to this point. for all americans and eventually all the citizens of the world. >> it's about nine hours worth of committee meetings today. they're going to be publicly streamed so people can watch this. i'm certainly going to be watching it, looking for not only whether or not this is looking towards an emergency use authorization, but also, are there certain people who the committee is going to recommend not take the vaccine. people under the age of 16, pregnant women, people who are immunocompromised. we've heard about that from the fda commissioner. and also, you know, if people have been infected recently with the cyrus, should they also be getting the vaccine? these are real questions that the committee will try to address and hopefully will make some sense as the vaccine starts to get rolled out. >> and i know you'll be watching it closely. it is a key moment. i will say, though, in terms of what impact this will all have on where we are today, sanjay. i spoke to dr. fauci on monday. you spoke to him repeatedly over the last few days. one of the questions i asked him is, when would the vaccine have an impact on reducing the mortality we're seeing, an impact on this huge number of deaths that we're seeing? and the answer is not soon, right? >> right. i mean, hathat's the thing. you've got to think about the vaccine as having massive impact, but in a more delayed sort of way. i think there's sort of benchmarks, if you look at the modeling, when you get to about 30% of the country vaccinated, you start to see some significant impact. but the majority of the impact on the vaccine, probably not until we get to that 60 to 70% number of the country being vaccinated. you talk to dr. fauci, but this is how he put it to me. >> let's say we get 75%, 80% of the population vaccinated. if we do that, i believe if we do it efficiently enough over the second quarter of 2021, by the time we get to the end of the summer, ie, the third quarter, we may actually have enough herd immunity protecting our society that as we get to the end of 2021, we could approach very much some degree of normality that is close to where we were before. >> knnow, one point i want to me just quickly, it's a nuanced point, but it has to do with masks. and we keep saying, look, even after the vaccine rolls out, people will have to wear masks. part of the reason why is for a very tangible one. and that is that what we know about this vaccine right now is that it helps prevent the illness and the symptoms of covid-19. it is not clear that this vaccine actually helps prevent infection, okay? so think about it. you got vaccinated, you think, i'm good to go. you could still be carrying the virus, you could still potentially transmit the virus. so that's why masks are going to be recommended for a while, until enough people are vaccinated that they're not going to get sick, even if the virus continues to spread. and that's sort of how the flu vaccine works as well. it more dramatic lally prevents illness than it does infection. that's likely to be the case with this as well. >> how about those home test kits for covid. did the fda just approve an over-the-counter version for this? >> that's exactly right. the big difference here is that it's over-the-counter now home test kit. the previous ones, you could get home test kits that had been authorized under emergency use, but you had to do a telehealth sort of visit, get a prescription, whatever the case may be. now it's over the counter. you can send the results in, you've got to send the samples in, collect the samples yourself at home, and you get the results back. so it's becoming more autonomous in terms of actually how these results and how people are getting their test results in the home. ideally, you would like to get to the point where you can get the sample, you run the sample, everything at home, no machine required, no lab required, anything. and we could get to that point. you know, many people have talked about the idea of doing regular, even daily home antigen sort of testing. so this is a big move, to be able to have an over the counter test like this from lab corps. but hopefully these tests will continue to improve. >> deutso you know how much it costs? >> i didn't see the cost. but it's -- i'll check that out. >> i'm just wondering, because i know at one time they were like $150, which is great, but obviously, it's prohibitive to do that very often and for some people. and so this just sounds to me like it could be a game changer, you know? if you knew if you were carrying around the virus. >> absolutely. and you remember, you've got to have these costs under some sort of control. the abbott test, they specifically, you know, priced that at $5 per test for that very reason, alisyn. >> sanjay, thank you very much. we'll talk to you again in a little bit. obviously, there's a lot going on, both good and frankly horrifying this morning in this pandemic. so president trump in public trying to overturn the results of the election. even tweeted yesterday one word. overturn! so it's not subtle. he's not hiding this. but, but the person on the screen there, she may not be -- >> there's three people -- which one do you mean? >> the one on the left. well, all three. three for three here. cnn has learned that the president's family is making plans now for a future outside the white house. beginning the process, frankly, of moving out. brand-new cnn reporting, next. it's been a tough year. and now with q4 wrapping up, the north pole has to be feeling the heat. it's okay santa, let's workflow it. workflow it...? 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>> i don't know. what are the signs there? that was in 2016. but it's representative, john, i don't think the moral gymnastics that ted cruz has done over the last four years has spruced anyone anymore. cruz will argue the case if it gets to the court, which it won't. but it's the silence, still. mitt romney, john cornyn have come out and said this is absurd. but mitch mcconnell hasn't. still, kevin mccarthy hasn't. still, there are 40 republican senators who are still silent on this, as the president has filed this absurd, legally offensive case now before the supreme court. explain. >> well, john, first of all, i think we need to give ted cruz credit. every word that he said in that clip you played is true about donald trump. but the irony of it is that it was ted cruz saying that. because we all remember, when ted cruz came to the senate, his colleagues quickly came to loathe him, because he was so cynical and so shameless that he would make outlandish claims on the senate floor. we're going to get rid of obamacare, if we just have enough guts and courage to do so. his colleagues knew that couldn't be done. barack obama was president and it simply wasn't going to happen. but he pressed them and pressed them and pressed them in order to generate pressure to further his political ambitions from the republican base. then he ran for president with that as his -- on his resume. and he encountered someone more shameless, more cynical, more persuasive than he was. and it enraged him. he tried to pretend during the campaign that he liked donald trump. and then by the end, when he was defeated, he was enraged by the fact that he lost to donald trump and he went off as he did on that clip that you played. and what's happened in the four years since is, he couldn't do anything about it, he still has the same ambition that he had in 2016. and so what he's decided to do, like much of the rest of the party, is accommodate dronald trump, go along with him to the point that this president, who insulted his wife, said blasphemous, ridiculous things about his father and jfk's assassination, he's saying he's going to take up this argument. it is a clown you shall argument, it's a cynical argument, ted cruz is a smart guy, he understands that. but for the purpose of his ambition, he's going to do it. and what it underscores is, anybody who actually believes that the clownish claims in that suit, there's something wrong with them. and president trump, he's saying these things privately, as well as publicly. it's not just lying in public to fleece people out of their money, and he's been doing some of that. but he seems to believe this privately. so we have a president of the united states, there's something wrong with them, he cannot accept the defeat. mary trump, his niece, told us during her book this summer that he has the emotional maturity of a small child. he is doing this, the entire republican party, almost the entire republican party. either because they are scared of him or because going along with him serves their purposes, is basically silent and then you've got tens of millions of people in the republican party, who because of the silence of elected officials, because of what trump is saying, because of what a cynical conservative media is saying, believe things that are not true. and that's where the country has landed right now. >> isn't senator cruz going to be miffed when president trump runs again in 2024? but speaking of the president's family, abby, they seem to be making plans for after january 20th, even if president trump isn't. here's the new cnn reporting. first lady melania trump has begun overseeing shipments of family furniture and art to mar-a-lago, where they will move in january. people familiar with the matter told cnn, his daughter and son-in-law both senior advisers of the white house, are in the process of purchasing bay front property in florida. what do they know that president trump doesn't know? >> well, everyone around this president is making plans for what's going to happen after january 20th. and frankly, president trump knows that he's lost this election and that he'll be moving out of the white house. you know, the first lady, melania trump is planning on going back to florida. they are in the process of envatienvat i renovating their quarters at mar-a-lago. jared and ivanka are buying a property in florida, they're doing work on other properties in an effort to prepare themselves for the future. people within the white house are searching for jobs, because that's what they have to do if they want to be employed after january 20th. you're even seeing people like the press secretary, kayleigh mcenany, effectively auditions for her post-white house job while appearing every single night on cable news, while not briefing the media, which is what taxpayers are paying her to do. everyone in the white house and around the white house are moving on and even president trump in his own mind is moving on. he said just a few days ago, that he didn't know what the next administration would be. that was a tacit administration that there is going to be a biden administration. it's not convenient for him to acknowledge that right now, because he's in the process of raising money for his political future, but he knows that that is what is coming. and he's acting that way. he's saying it and his family is saying it, and everything is just you know, just really an effort to fundraise. that is really what this has all boiled down to. >> on the subject of family, john harwood. hunter biden, the son of president-elect joe biden acknowledged yesterday that he has been contacted by investigators as part of this investigation into his business dealings. it seems to have something to do with his taxes. this was a story really first reported by our own evan perez and pamela brown, who had some great reporting on this. there are a lot of layers to this, including the fact that it was begun in 2018. including the fact that the details of it did not leak out during the election, as they are not supposed to by justice department guidelines, but here we are now with the incoming president-elect, his son is under, apparently, federal investigation. what kind of position does that put the president-elect in this morning? >> well, it's a sad position, as a father, but if, in fact, as we believe, these investigations are being conducted by career officials, that they've been going on for some time, and they're legitimate, they will go forward and we'll see what they turn up. it's obvious that, you know, hunter biden has had a rough go in life, in many different ways. and it's also obvious that he has been trying to get by, by making money off of his name. the fact that his father's prominent in politics, that's an uncomfortable thing for any politician to have their child in that position. and if he did something wrong with respect to his taxes, we're going to find out and i would expect that joe biden and his attorney general would not interfere in that process. but we're just going to have to let it play out and see what it comes up with. >> i'll expect to see what happens in the coming days. john harwood and abby phillip, thank you so much for being with us. all right. there is a big debate in a small town over wearing masks, as the united states just underwent its deadliest day of the pandemic, to date. my husband and i have never eaten healthier. shingles doesn't care. i logged 10,000 steps today. shingles doesn't care. i get as much fresh air as possible. good for you, but shingles doesn't care. because 1 in 3 people will get shingles, you need protection. but no matter how healthy you feel, your immune system declines as you age, increasing your risk for getting shingles. so what can protect you? 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>> well, you know, initially, it felt like it was met with quite a bit of resistance. but as it turned out, i think that once the idea of masking was introduced, i think that then people came forward and said, this is something that we need to do. the hospital system, the university, the school system, we had a lot of entities in our community who stepped forward and said, this is something that we definitely need to pursue, because like you said, we had lost so many important people in our community. it was interesting, because by the middle of november, our community, our county was 11th in the nation per capita for positive coronavirus cases. and so, we had really hit a point where it was difficult to deny the need for taking some mitigation measures. >> and i should just mention, you're a conservative republican. and the only reason that that even warrants mentioning is because this has become somehow a political statement and a political battle. and you know, the governor of your state has basically suggested that it's some sort of badge of honor or sign of freedom not to wear a mask. and so, what was your reaction to that? >> well, i mean, you know, we're all about personal freedoms. and of course i believe in the bill of rights and all of the freedoms that we've been granted, but you know, i do think that there is a time that we have to step back and re-evaluate and say, is what we're doing working? and, you know, i, kristi noem has significantly said, i trust the people of the state of south dakota to do the right thing, but as we saw our case numbers rising, i think there just became a time when it was a point where we needed to say, okay, can we just stay the course and not do anything, or is this the time that we need to step in and maybe do some things that will start to curtail the cases that are so rapidly increasing in our state. >> i mean, the problem with that logic of hers is that not everybody does the right thing. that's why we have drunk driving laws in this country. and so, when you found your way early to believing that a mask mandate was important, were the people of mitchell, your town, were they wearing masks in public? >> it was -- you know, it's very divided. this is the most divisive issue i've ever encountered in my time on the council. and so, you would go to the grocery store and i think article on, there was probably 50/50. i'm so proud to say that since we have instituted the mask mandate, it is unusual to see people not wearing a mask. and the results of that mask mandate have been phenomenal and we have seen -- we have gone from being the tenth worst in the top ten cities in south dakota to being the third best in terms of cases per capita. so the mask mandate is definitely working. and we do see a lot of, most people, i would say, are wearing the masks. and there will always be those who buck the system, but i'm pleased with the response from our community. >> i mean, it's just remarkable how well it's working. and hopefully that message will spread, so people can see, there's actual proof of its effectiveness. but i know that you had to deal with some disparaging remarks from, you know, the city council president, kevin mccartel, who said, you don't see the grocery stores putting mandatory masks in. nobody would go to them. they would lose business. what does he say now? >> i think that kevin probably still is not in favor of a mask mandate. however, at our council meetings, he's wearing them. so, you know, i think that the important thing is that we're able to come together at the end of the day and work together on this. so -- but, yeah, he still probably would vote against it. i'm sure he would vote against a mask mandate. so, yeah, i don't know. i don't know even how to respond to that. i can't speak for him, i guess. >> no, i understand. you have fought against, you know, obviously, fellow republicans, fellow conservatives and the proof is in the health of your town now versus what it was. so susan tjarks, thank you very much for explaining to us what's happening on the ground? >> thank you so much. >> president trump calls what you're about to see fake. it's a hospital, stretched so thin it's been forced to open an overflow wing in a parking garage. our cameras are going to take you inside there, next. d'shea: i live in south jamaica, queens, born and raised. i'm a doordasher, i'm a momma with a special needs child, she is the love of my life. doordash provides so much flexibility. if something happens with her, where i need to be home, i can just log out and just say "okay, my family needs me." i don't have to answer to nobody. i don't want to be nobody's employee. i do what i want, i'm independent. independent lady. that's what i like about it. to syour body needs routine. system, centrum helps your immune defenses every day, with vitamin c, d and zinc. season, after season. ace your immune support, with centrum. dear 2020, you had your time. 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>> so, my worst day of this pandemic was actually the day i posted the tweet, thanking my teammates. i had just finished a seven-day stretch in the intensive care unit. there had been patient after patient after patient who was not surviving this illness. >> reporter: the tweet he sent was a simple selfie, showing off their new covid-19 wing. that wing set up in the hospital parking garage. that fact seemed to set president trump off, who retweeted a tweet calling it fake and a scam. that unleashed the twitter trolls. >> i was sad and devastated and and i was angry. >> reporter: devastated and angry, because all of the hard work being done by his colleagues inside this parking garage hospital every single day, from the food staff to the ceo. >> this is not fake. this is as real as it gets. >> reporter: the idea was conceived and executed months ago, but during this covid surge, patients are now parked in these spaces instead of cars. >> reporter: the number of coronavirus cases in wausau county, nevada, that this hospital services has exploded. this week, there are actually ten times the number of covid-19 cases than there were just a couple of months ago. so the hospital had to do whatever it takes to find more bed space. so here we are, on floor "g" of the parking garage. >> it was scary, you know, we don't expect to go to work and be working out of a parking garage. we've made it a hospital. so we don't even consider it a garage anymore. >> reporter: did you ever think that in america, they would have to treat people in a parking lot? >> i apologize for what i'm going to say. when they started building these, i laugh. >> reporter: making a dusty, dirty parking garage into a sanitary space seemed laughable. but then, she ended up hospitalized here. >> people don't realize how bad this is. the pain i feel, the not being able to breathe, that's one of the worst things that i ever could experience in my life. >> reporter: a few days later, her husband of 35 years was also hospitalized with covid. >> and i thought, you know, she's going to die. >> reporter: after spending days in isolation with no visitation, they found each other again, parked just four beds apart in the parking garage. >> he coughs at nighttime. i can hear him. and if i yell, he can hear me. he knows that i'm still alive. >> i think we lost sara sidner there. what a report. the imagery of sara walking through a parking garage now being used as a hospital. and the thought of that husband and the wife who had been separated, as sara put it in a line that i'm not going to forget for some time, they were parked four space away from each other. that's where we are. >> i mean, you and i can talk about the numbers every morning, as we do, but one piece like that, from sara or our correspondents brings it home in an emotional way that the numbers don't. >> and there are people calling that fake. i'm sorry, there are people calling that fake. those people are in a parking garage trying to get better right now. it is desperately real. >> we want to take a moment now to remember some of the nearly 290,000 american lives lost to coronavirus. jay welches of tennessee was a former firefighter, emt, and sheriff's deputy who volunteered as a little league umpire and a peewee football coach. friends remember him for his kind heart, his sense of humor, and his willingness to help others. jay was 69. 37-year-old melinda rolling was a beloved music and arts teacher from indiana. colleagues say every student wanted to be in her class. family members say melinda avoided a trip to the hospital, because she was not sure her insurance would cover the costs. in georgia, family, friends, and former colleagues are mourning the death of the state's former chief justice, george parly. initial to his family, justice carlie loved two things, the georgia bulldogs and the court. he was a stickler for protocol and was known for always appearing in public properly attired, as he said, in a coat and tie. justice carly was 82 years old. we'll be right back. ♪ the only thing a disaster can't destroy is hope. donate now at redcross.org inflammation in your eye might be to blame.ck, looks like a great day for achy, burning eyes over-the-counter eye drops typically work by lubricating your eyes and may provide temporary relief. ha! these drops probably won't touch me. xiidra works differently, targeting inflammation that can cause dry eye disease. what is that? xiidra, noooo! it can provide lasting relief. xiidra is the only fda approved treatment specifically for the signs and symptoms of dry eye disease. one drop in each eye, twice a day. don't use if you're allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. don't touch container tip to your eye or any surface. after using xiidra, wait 15 minutes before reinserting contacts. got any room in your eye? talk to an eye doctor about twice-daily xiidra. i prefer you didn't! xiidra. not today, dry eye. see yourself. welcome back to the mirror. and know you're not alone because this. come on jessie one more. is the reflection of an unstoppable community in the mirror. this afternoon president trump will host the attorney general from the state of texas and others attorneys generals who are trying to join with him to overthrow the results of the presidential election. joining us now is republican election lawyer and cnn contributor ben ginsburg. ben, thanks so much for being with us. this is a case filed by the attorney general of texas, ken paxton, the president has joined it. it is trying to get the supreme court to throw out the results of the elections in michigan, wisconsin, georgia and pennsylvania. before we get into some of the details of this case i just want to ask you in a general sense, were you a law professor, what grade would you give to the legal arguments of this case? >> well, i think it's a solid f. there are -- there are many, many things wrong with it. just for starters, it asks the supreme court of the united states to disenfranchise 20 million american voters. they are not likely to want to do that. and the supreme court, i think, won't even take up the case because there are two basic provisions of the constitution that it violates. first of all, that states have the right to set the time, place and manner for their own elections. that does not mean the texas attorney general gets to tell michigan how to run its elections. and secondly, the constitution says that the electoral college must meet on the same date throughout the country and basically this suit asks for a delay in the meeting of the electoral college in the four states. >> so, professor, it sounds like what you're saying is that the problem, the main problem with this case is the constitution, which is a somewhat large problem when you're trying to get it before the supreme court. let me just read you article 2, section 1, because you brought up the constitution here. the constitution is murky on some things when it comes to the election and electoral college, it's crystal clear on who gets to decide how states work. each state should apply in such a manner as the legislature thereof may direct, a number of electors. so what rights does the constitution grant texas in determining how michigan, wisconsin, georgia and pennsylvania pick their electors? >> none. there may be a provision of the constitution called the hope and the prayer clause that these folks are reading into it, but there's nothing in the document. >> and, again, as you say, the supreme court, how will this be received there? what is the process over the next few days? >> the court has asked for briefing from the four states to be turned in today. the court can then take it up and undoubtedly the full court will take it up. they usually meet in a conference on fridays so they might hear it tomorrow. my guess is they will want to deal with this before monday, which is the date that the electoral college does meet in each of the states. i think this case is likely to get something similar to what the justices said about the pennsylvania case brought by a trump supporter, it was a one-line dismissal, the most elegant and decisive way to get rid of a frivolous case. >> so you think this will happen. again, today is thursday, monday is when the electors meet in each state, mandated by the constitution, written into law in the electoral count act, you think the court will basically dismiss this or refuse to hear it before monday? >> yeah, i do. >> and then what? and then what? from this president who refuses to give up no matter what, and then what? >> well, i think the number of options are severely limited. the electoral college in each state will send its results to the senate, to the congress of the united states. that happens by december 23rd. each of the states has already certified its elections, so once the supreme court deals with the texas case, that's done. the only hope left where you might see some theatrics but not substance is january 6 when the congress does deal with the electoral college certificates. >> and i'm glad you brought that up because it is theatrics not substance. january 6, it goes to the full congress, and they count. their only role honestly is to just count the votes out loud but because of this law passed in 1886 or something. >> '87. >> '87, i'm sorry, i get a f, too. if one senator and one member of the house objects then they go vote on those objections, but both chambers need to agree on that objection. so ron johnson and jim jordan can spin their wheels right now, but what's the likelihood of a democratic house and a senate with mitt romney, lisa murkowski, susan collins, john cornyn basically saying they would want to overturn the results of the election? >> i think the chances are none. and what is it is again goes to trying to stir up stuff and never admit defeat, which last time i checked is not a constitutional principle. >> that's such a good point. basically what you're saying is this is not about the law. this is so far past the law at this point, it's about political arguments and it's about emotion and really trying to stir people up right now. talk about ken paxton very briefly. the associated press and others have reported that he's under federal investigation for political favors and some have asked could he be doing this to try to get a federal pardon, a pardon from the president of the united states? is that something that could happen? >> well, you know, you've got two parties who would appear to have a common goal. the president has made clear he's looking to grant pardons, ken paxton feels like he is auditioning to get a pardon by the way he's written this complaint. i mean, his actions have historical inaccuracies in it, as does the president's motion to intervene in this. it's inaccurate on the law. all these cases that they complain of they have already been litigated in the lower courts, they were losers, each and every one of them, and so each action that seems to be taken here is just repeating the notion of the president and his campaign is a loser, which is kind of a mystery to me because he's very brand conscious and the brand he likes the least is being a loser, but he's sure not a winner in any of these cases. >> i'm going to have to say the president's own legal filing which says the country is more divided than it's been at any time since the election of 1860, i was stunned, stunned they brought up the election of 1860 comparing this to that because as you know the reason that was controversial was because abraham lincoln won. so the trump legal team has associated itself with the losing side in that election, that's not the side you want to be on historically for a ton of reasons. ben ginsburg. >> no. >> go ahead. >> i think they're trying to make it into a self-fulfilling prophecy, dividing the country, which is the sad part. >> it's sad and it's terrifying given where we are right now. ben ginsburg, thanks so much for being with us, i appreciate as always the education. so we could know today when the first coronavirus vaccines will be available to the united states. "new day" continues right now. we are in a totally unprecedented health crisis in this country. health care workers are exhausted, hospitals are totally full. >> daily reported deaths skyrocketing. >> i'm ready to get that vaccine. the food and drug administration has the most extraordinary track record of vaccine safety. the federal government is saying that 2.9 million doses will be in that initial shipment, but we're learning from states that that will not be enough. president trump is sounding more detached from the reality of the pandemic. cries for help in the election. >> i can't believe what i am seeing in our country. these leaders are morally and ethically bankrupt. >> announcer: this is "new day" with alisyn camerota and john berman. we want to welcome our viewers in the united states and all around the world. this is "new day." and we begin with breaking news. wednesday was the deadliest day of the coronavirus pandemic in america. 3,124 deaths reported in the u.s. yesterday. that single-day total is more than the number of people killed on 9/11, it's more than hurricane maria and katrina and the pearl harbor attack. the

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