more wins on the way. >> will democrats lost right now to a woman, a minority, are veteran republicans. it was president trump who expanded it. ♪ anything can happen ♪ anything can happen ♪ anything can ♪ steve: numbers are the still the same as you went to bed last night. joe biden has 264 and president trump 214. still awaiting the results of these battleground states of nevada, georgia, north carolina and pennsylvania. overnight three states got a little better for joe biden and one state got better for president trump. that state is arizona. the big difference is if you were just watching "fox & friends first," in the state of georgia, currently, joe biden now has taken the lead. but a little lead, ainsley. ainsley: you look at pennsylvania where it is very close. steve: that's the number right there joe biden ahead by 917 right now. they are still counting. ainsley: definitely not a referendum on trump. look how many people went out to vote. people on the right are scared about the progressives moving in and changing the direction of this country. people on the left just do not like this president and want to get the progressives in. we are going to talk about in a minute the phone call that the moderate libs are having with the progressives saying tone it down because we almost. steve: phone call or food fight? ainsley: exactly. brian? brian: it's not looking good for the president. he sees a lead of 700,000 dwindle every single hour. a lead in pennsylvania by hundreds of thousands dwindle every single hour and sees arizona and says how he could they possibly call it meaning the ap and our network. obviously the guy competes. you watched him 15 events in the last 72 hours. and he wants to make sure it's on the up and up. that's why there are so many legal stories out there and that's why jonathan turley is coming up in 10 minutes to talk about where there is merit and where there might not be. griff jenkins is live in wilmington, delaware as we await final results from those stays. griff? griff: good morning, brian, ainsley and steve it. is important to point out as we begin this friday with these changes that the race still stands where it was yesterday with biden needing one win to get the magic number 270 and president trump needing to essentially run the table or put arizona back in to play. so let's go right to the race starting with that breaking news down south as you mentioned. biden has just taken a narrow lead by 917 votes with 99% reporting. the race change came as clayton county reported overnight a democrat hasn't carried the peach state since 1992 and bill clinton. and in pennsylvania, biden is gaining. the president leads by .3% with 97% reporting. see on the chart next to me there the president leading now by just over 18,000. dwindling as you point out, brian, out west in nevada, biden up roughly a point leading by 11,000 with 84% reporting. in north carolina, the president up by 1.5. ahead by some 76,000 with 94% reporting. and in arizona, a state fox news has called for biden, he is up with a 1.5. 95% reporting overnight. maricopa county. trump supporters again protesting, shouting, stop the illegal vote. the illegal battle continues four state. the president losing lawsuits in georgia and michigan but advancing in pennsylvania and nevada. the white house last night the president was accusing the democrats of trying to steal the election. >> if you count the legal votes, i easily win. if you count the illegal votes, they can try to steal the election from us. >> meanwhile here in wilmington they continue to prepare a stage and confident joe biden was urging patience. listen. >> democracy sometimes messy. it sometimes requires a little patience as well. we have no doubt that when the count is finished senator harris and i will be declared the winners. so i ask everyone to stay calm. all people to stay calm. the process is working. >> so now we wait and walch with all eyes on georgia. they still have to go to do the counting provisional and military ballots also need to be counted before they have a final number and certify and it's worth pointing out that in the state of georgia under election law, if the margin difference i half a point or less, either candidate can request a recount, but we don't want to get ahead of ourselves right now we are waiting for those final numbers. brian, ainsley, steve? steve: we are indeed, griff. thank you very much. the significance to the state of georgia is the fact that both of those senate races the leader right now in both sides is less than 50%. which means there would be a runoff in both the kelly loeffler and mr. war knock race and john purdue and jon ossoff race as well. potentially the balance of the u.s. senate is hanging in the balance. now, the reason it's taking so long is because in a number of states, the volume from so many people who voted via absentee or mail-in ballot is just a gigantic number. before the election, there were a number of states with republican led legislatures, including pennsylvania, michigan and wisconsin. they were warned. they said, look, you should pass a new rule or law so that you can precanvas. in other words, when you get in all the ballots, you can't necessarily count them right then but you can make sure that they're legitimate. in fact, senator ron johnson in wisconsin warned they needed to pass it before elections day the republicans in those legislatures ainsley and brian did not. ainsley: the president said yesterday he wants openness and transparency. no secret count rooms. pam bondi is in pennsylvania. she was saying the reason we are filing lawsuits we are supposed to be able to watch. our watchers are supposed to be within 6 feet of each ballot so we can see that everything is done on the up and up. nothing nefarious. see said finally we won this lawsuit and they move us 6 feet away and move closer to the ballot being counted but they moved the machines. the voting machines way to the back of the room. so she said it defeats the entire purpose. we are still not 6 feet away. she is arguing there. and then last night when the president was speaking to media outlets, the mainstream media, they cut away from him he started talking about the being so one sided lester holt said we interrupt because the president has made a number of false statements. the president saying every legal vote should be counted and everyone agrees with that if there is any evidence of anything going on legal, we need to investigate every single case. here is kellyanne. >> all this talk about where is the president? how come we haven't heard from him. we have heard from joe biden last night. did he say very much. his campaigning manager is out there saying quote joe biden will be the next president of the united states. that should not be said because we are still counting votes. and just as joe biden telling people to be patient i have been saying that since election night. if they spent three years investigating this president, impeaching this president, we can certainly wait for three hours, three days, three weeks or three months, however long it take force every legal and on time vote to be counted. brian: i understand why the president would come out because when one candidate comes out and says i won and the smallest and biggest election especially the presidency none is bigger in the world. the president doesn't want to be on the sidelines wait a second you haven't won yet we have challenges in x state and we have a challenge in pennsylvania. we have a challenge in arizona. well we have challenges being respond in nevada. he wants to come out and make a speech. what i think the best thing to do would be put the legal mind in nevada, put the best legal person for the trump administration in arizona. put the best legal person forward in pennsylvania. let them get specific. and let the president focus on being president and talk about how he is still confident that he is going to come out on top and ask for the same patience that joe biden is when you come out and make yourself the lawyer, it allows the other networks to pull back and say we're not going to cover his remarks and use the arrogance that just characterized them for the last three and a half years any time the word or the name president trump came up. but it's going to be an interesting day because of what is happening in nevada when jonathan turley there is a lot of merit there. when they decide in june to do a mail-out system that they never done before. that is certainly interesting. and in pennsylvania, philadelphia doesn't have the best track record. that's the problem. that's where the focus is right now. steve: well, and in nevada things are easily provable because if dead people are voting, it's easy to prove somebody is dead. brian: or nonresidents. steve: and nonresidents. you got to be a resident of that state for 30 days. so jonathan turley, talking about the legal stuff coming up in just a minute. first, let's talk a little more about this campaign, the trump campaign putting up a big fight in two of the states as votes continue to slowly be counted as we look live at philly. todd piro joins us from the newsroom to tell us where things are at 6:10 eastern time on this counting the vote friday. >> that's right, steve, ainsley and brian good morning. we will start pennsylvania. a judge there denying the trump campaign's request to stop counting ballots. after they said election officials were not following protocol. this all came after the campaign won an earlier ruling that stated observers could stand within 6 feet of ballot counting. g.o.p. advisers say they were initially kept anywhere from 16 to 100 feet away. >> we have the legal right to be in there. and if they don't have anything to hide, i don't know why they wouldn't want us in there. it's a legal process. it was absurd what they were doing to our poll watchers. we have had no meaningful way to observe the ballot count. >> the city of philadelphia and the pennsylvania democratic party have appealed the ruling to the state supreme court. meantime in nevada, the president's team filing a federal lawsuit claiming illegal votes are being counted. if you haven't been in the state for 30 days, it is illegal to vote. and we are seeing discrepancies all over. >> that's what steve and brian were alluding to earlier votes in both states still being counting this morning. much president maintaining a slim lead in pennsylvania. but joe biden is ahead in nevada. back to you. jillian: thank you, todd. ted cruz made a good point. basically if you are not doing anything wrong. let us watch. let us observe. follow the law. listen to this. >> we have been saying the last three days is outrageous. it is partisan. it is political it is lawless. we have been seeing this pattern across the country but the worse is in philadelphia. not allowing despite clear state law allows them to be there the reasonable you don't want observers there is because you are doing something you don't want to be observed. by throwing the onliers out. by clouding the vote counting in a shroud of darkness, they are setting the stage to potentially steal an election not just from the president but from the over 60 million people across this country who voted for him. >> mollie hemingway said something interesting. she said that people don't trust the election process because you have elite institutions. you have big business. have you big tech that are censoring. big media spepghts the last four years trying to destroy donald trump. and she said so now as a result of all of that the credibility is destroyed. brian: there is something else going on and it's easy to get caught up in the presidential race and not focus on what's happening beneath it. if the republicans hold on to alaska and he has got a substantial lead does senator sullivan. if they are able to hold on thom tillis in north carolina it's going to come down to the two run off election you need 51 if joe biden becomes president two. runoff elections for them to hold control of the senate. what an election that is if susan collins and joni ernst able to mount the kind of come back efforts they were able to have down in the polls and come out and hold onto the into the and only lose net one seat if that is in fact the case. they are likely to win both run off elections. then you look at the house where it looked like nancy pelosi was going to going well into double digits and add to her lead. instead they haven't one grerk congressional seat about to gain more. they are doing self-analysis now because they are stunned by the results the american people gave them. not about trump or biden. they looked at the green new deal, they look at the war on cops. they looked at socialism. and they said this is sickening us. abigail span berger who took eric cantor seat and still not won her election yet has a cia background she said this on a conference call they didn't want leaked out. this lasted for over an hour. listen. >> we lost members who shouldn't have lost. the number one concern people brought it that to me is defunding the police. we need to get back to the basics that brought us across the finish line in 2018. we need to not ever use the word socialist or socialism ever again if we are classifying tuesday as success from a congressional standpoint, we will get [bleep] torn apart in 2022 and excuse the profanity, [bleep] that's the reality. >> outrage. anyone who says nancy pelosi is a great leader she a cartoon character. she tore up the state of the union address. not acknowledging the president. saying she is the caesar ruler of the land that was really made democrats sick and giving kevin mccarthyy slowly and steadily picked some really impressive candidates many of which were women and minorities and mounted a real charge psyche of the country not the party. the thing to emerge from the election. the american people have rejected socialism, the defunding of police. and getting rid of planes and cows, steve. steve: well, brian, it was a 2.5 hour phone call. and nancy pelosi took the brunts of it because the number of the moderate democrats said, look your strategy. brian: sucks. steve: stunk. nancy pelosi disagreed. however, kevin mccarthy, how alluded to a moment ago, said the president president has donh this election. >> i will make you this promise. the house republicans are not standing back. every democrat that lost right now lost to a woman, a minority or veteran republican. we will have more women in the republican house than in the history of america. we will have more minorities. and it was president trump who expanded it. steve: i don't know who told nancy pelosi it was a good idea to do what they did. but going in to the election on november 2nd. their strategy was ultimately according to our analysis we are going to pick up seats 9/11 deep red districts. so far they have lost 7. brian: unbelievable. ainsley: she said this message is a failure. nancy pelosi said no, i don't think so. we won the house. but they lost five seats. and how many times did y'all hear from people out there, constituents, voters that are saying look, we don't like a lot of the things that the president does. steve: defund the police? come on. ainsley: we are not voting for defounding the police. we north voting to get rid of fossil fuel. brian: socialism. ainsley: yeah. the green new deal. so many people said we are so terrified of the direction of this country if kamala harris gets in. if the bernie sanders of the world get in. the aocs get. in and we are going to polls vote against it. brian: add this. they are not done. on the precipice of winning his election in utah. so many others about to win close the gap even more. guess what? now the both republicans and democrats might have to cooperate and compromise instead of rule with an iron fist. i think that is heartening. ainsley: long week search waiting for the weekend wait for all these votes to come in until a decision is made. well, where do the trump campaign's election lawsuits go from here. jonathan turley is here to discuss that coming up next. new advil dual action with acetaminophen fights pain in two ways. advil targets pain at the source... ...while acetaminophen blocks pain signals. the future of pain relief is here. new advil dual action. ythey customize yours lcar insurance. so you only pay for what you need. wow. that will save me lots of money. this game's boring. only pay for what you need. liberty. liberty. liberty. liberty. here? nah. ♪ introducing the all new chevy trailblazer. here? nope. ♪ here. ♪ when the middle of nowhere, is somewhere. the all new chevy trailblazer. making life's journey, just better. the all new chevy trailblazer. there were tsunamis fourtin the world. and once they happened, we were in a major hurry to get to those regions to provide aid and support. it was very humbling to be able to help out all those people. it's my dream now to go into clean energy and whatever the next new fuel source is, that's where i want to be. i want to be on the front lines of implementation. >> we think there is going to be a lot of the litigation because we have so much evidence, so much proof. and it's going to end up perhaps at the highest court in the land. we will see. but we think there will be a lot of litigation because we can't have an election stolen. like this. >> there you have got the president last night talking about talking about how he is moving things to the courts, bringing the latest legal action in the state of nevada. so how does this process work and what happens next? joining us right now is law professor and fox news contributor jonathan turley joining us from as you can see he is actually in the president's front lawn it looks like right now in front of the white house. jonathan, good morning to you. >> good morning. steve: so the president last night demanded that they stop counting the ballots because he said there is fraud. he is talking about lawsuits. he says there is so much evidence as we just heard in that i think at this point we need to see the evidence, right? >> right. i mean, when a president says there is going to be a lot of litigation. all the legal analysts feel warm and tingly. and an angel gets its wings. because, litigation is a blood sport when it comes to elections: i think i'm the only attorney currently not under retainer by one the two campaigns which is why i'm speaking to you today. >> right. >> this can get very intense because real challenges require very close scrutiny of votes. we are not seeing that. what i really want to see is this nevada lawsuit which does raise a systemic allegation ineligible voters people who moved out of the state or people who have deceased. we haven't seen that evidence. until we do they're hunting elephants with daring gears. we need something with a little more of a high caliber if you are going it take down an election result or determination. so, we're waiting for that evidence to come forward. is it possible? of course i it is. i'm not willing to rule it out. i find it odd that everyone is making judgments without actually seeing these filings. if they have evidence of thousands of people voting improperly, that may be a systemic problem not just in nevada but other states. i mean, we are doing something that we haven't done before. we are talking about tens of millions of people voting in a system relying on records that that are really sketchy in terms of addresses and identification. steve: sure. and one of the things that's frustrating is to republican is the fact that it seems like at the 11th hour they threw out all the rules. the signature doesn't have to match there doesn't have to be a postmark and we're going to take it a couple of days after. and that's going forward. when it comes to the state of pennsylvania, the trump team did sue and said there is no transparency because we're not allowed to be close to the counting process. so they moved them within six feet, mr. turley, but then, according to pam bondi, who is one of the onliers, they put the counting machines way in the back where you would need a high powered spectacular to see it it. >> yeah, i am mystified why pennsylvania officials are fighting this particular. it's not the type of thing that will change the result of an election. many courts, in fact, will declare this moot. that's the problem. and that is they can get away with this by finishing the count and then the court just shrugs and says yeah it was a violation and it's moot. it gets to the real concern i think from the trump campaign. we saw this in 2,000. and that it's not whether you win ultimately it's whether you are viewed the winner at the time of certification. in florida, a lot of democrats said months later they thought that actually al gore won that election but it came way too late. we have to get this process started or we will run out of runway. we have a very short period to look at these ballots. and it really hasn't started. steve: also, overnight. the president tweeted out something that has been flagged naturally by twitter. he said that because of the allegations of illegal voting, the u.s. supreme court should decide the election. at what point does the supreme court get involved if at all. >> well, of course the supreme court was involved. it is just that it didn't do anything. it dead locked 4-4 on the pennsylvania question. that is of these late processed ballots. those -- that was part of a change ordered by the court it. seemed to violated the rules by the legislature. chief justice roberts effectively kicked that can down the road. well, it is back. i mean, some of these number ofs still want to have answers on whether the law was changed literally right before we don't know how many ballots are actually in play on that question it would well end up back in pennsylvania there is a lot of work that has to be done and we have to see if any of these have support. if they do yeah a cup of these could be a game changer. >> let's see if that comes together. game changer. we have had about 8 of them so far. jonathan turley we thank you for joining us live from d.c. >> thanks, steve. steve: coming up 6:30. next guest helped flipped a seat from democrat held for 30 years. one of the women heading to washington. congresswoman elect michelle fish balm joins us next. this holiday season, it's all about the bedroom. and with caspers black friday sale, you can save up to 30% and make yours a winter slumberland. the fluffiest down duvet you'll ever feel, soft and light percale sheets, a cool, supportive mattress and plush pillows, even our glow light for better sleep. so go ahead, give the gift of a better bedroom and shop the black friday sale with up to 30% off at casper.com did you try it 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(crowd applauding) therabreath, it's a better mouthwash. at walmart, target and other fine stores. do you know how it feels to live with schizophrenia? i am a good parent. jared? i'm hearing the most awful things, people shouting at me. it's ok. when you live with schizophrenia like us, it can feel like you're living in a different world. you should definitely talk to your doctor and ask about fanapt. ok. fanapt is approved for the treatment of schizophrenia in adults. in clinical trials, fanapt significantly improved symptoms of schizophrenia compared to placebo. cynthia, are you ok? i feel like everyone's out to get me. fanapt may change your heart rhythm which could elevate risk of sudden death. your doctor will consider this when deciding among treatments and may prescribe another medication first or may instruct you to take a smaller dosage of fanapt. remember you're not alone, there is help. call 8557 fanapt jillian: good morning, wick back. we are a fox news alert. fbi alleged plot to attack the pennsylvania convention center where votes are being counted. philadelphia police arrested two armed men near the building. police pulling over a hummer after reportedly receiving a tip about the men driving hundreds of miles from virginia. police are not saying what their intention was but say there is no active threat. the u.s. breaking its own daily record of covid-19 cases for a second straight day. the covid tracking project says more than 116,000 covid-19 cases were reported yesterday. bringing the total to more than 9.5 million cases in the u.s. and the pentagon is denying reports that defense secretary mark esper is planning to step down. nbc first sighted unnamed defense officials who said the secretary drafted a resignation letter hearing he would be pushed out after the elections. the pentagon spokesman jonathan hoffman tweeting coat the nbc story is inaccurate and misleading enem in many ways. to be clear secretary of defense esper has no plans to resign. >> michelle fischbach defeating peterson in the seventh district flipping the seat red after 30 years. the congresswoman elect joins us a record number of conservative women elected to the house this year. look at that total. here to discuss her big win is congresswoman elect michelle fischbach. good to see you this morning. congratulations. >> thank you so much. pleasurable to be with you today. ainsley: why do you think this change occurred in that part of minnesota? i mean, i was reading about congressman peterson, three decade career. chairman of the house agriculture committee. is he in his '70s. what changed. why the change in the western part of minnesota. >> well, you know, it is a conservative district. voted for president trump in 2016. they voted for president trump again this year i really think the important part is we got the message out. we carried the message. we carried the strong conservative message forward. we were able to tell people what collin peterson is all about. he has been able to fly under the radar voting for nancy pelosi and policies. we made sure people understood what he was going for and supporting when he was in washington, d.c. and they were done with it. you know. 14 points. we won by 14 points. people wanted a conservative to represent them in washington, d.c. ainsley: donald trump won by 30 percentage points in 2016 how much did he win this time. >> you know what? you caught me off guard. i don't know the number off the tom of my head. i believe he won 53% of the vote in the seventh district. ainsley: what did you make of all these women that have now won their seats. as of 7:00 p.m. last night. 13 republican women and 8 democratic women. you know, we keep hearing that this is a referendum on trump or it was going to be a blue wave. but trump really expanded the base. >> i think that the republicans did a wonderful job of recruiting strong conservative women. wonderful to see women are able to take that conservative message forward. and i think they do a great job with it. i think that's important that we do that it's always been frustrating to me. lieutenant governor and first woman president of the senate. the democrats have been able to say we are the party of the women. it is really republicans giving women the opportunity and recruiting women and taking that conservative message forward. ainsley: how are you feeling about this presidential race? >> you know, i pray that it will be handled correctly and that president trump will win. because i believe he did win i think that those votes they are just finding votes at this point. ainsley: i am proud to be able to say congresswoman elect another female to represent that area in d.c. congratulations. >> well, thank you so much. i appreciate the time this morning. ainsley: you are welcome. thank you. still ahead. matt schlapp is working wit wore trump campaign on its lawsuit in nevada as the president calls for full transparency with the vote. matt is going to join us live from las vegas with an update coming up next. >> we want every legal vote counted and i want every legal vote counted. we want openness and transparency. find your breaking point. then break it. every emergen-c gives you a potent blend of nutrients so you can emerge your best with emergen-c. you can crush ice, make nismoothies, and do even more. chop salsas, spoon thick smoothie bowls, even power through dough, and never stall. the ninja foodi power pitcher. rethink what a blender can do. but when i started seeing things, i didn't know what was happening... so i kept it in. he started believing things that weren't true. i knew something was wrong... but i didn't say a word. during the course of their disease around 50% of people with parkinson's may experience hallucinations or delusions. but now, doctors are prescribing nuplazid. the only fda approved medicine... proven to significantly reduce hallucinations and delusions related to parkinson's. don't take nuplazid if you are allergic to its ingredients. nuplazid can increase the risk of death in elderly people with dementia-related psychosis and is not for treating symptoms unrelated to parkinson's disease. nuplazid can cause changes in heart rhythm and should not be taken if you have certain abnormal heart rhythms or take other drugs that are known to cause changes in heart rhythm. tell your doctor about any changes in medicines you're taking. the most common side effects are swelling of the arms and legs and confusion. we spoke up and it made all the difference. ask your parkinson's specialist about nuplazid. ♪ >> challenge joe and everybody democrat to clarify they only want legal votes because they talk about votes and i think they should use the word legal. legal votes. we want every legal vote counted and i want every legal vote counted. we want openness and transparency. no secret count rooms no. mystery ballots no. illegal votes being cast after election day. brian: the president lawsuit in michigan wants a recount in wisconsin and i think is he going to get it. in georgia he is watching those votes slip away and wonders if they are the up and up as well as pennsylvania where the foe discuss on pennsylvania and terrible track record as well as arizona. keep your eye on what is happening in nevada where the president said i have a real shot here i only lost it by 2 points. this mail in voting made him uncomfort be in june man is he uncomfortable now. bring in matt schlapp white house political director for george bush and conservative and cut his teeth in 2,000. working for then -- well president hopeful george bush on the election mess in florida. matt, what could you tell us about your approach to the legal fight in nevada? what is the main complaint for republicans? >> the main complaint for republicans is we have broken 250 years of democratic norms would being locked out of the ability to watch out the ballots are being counted. during the florida recount, brian, the both sides the gore side and bush side were allowed to have a witness at every table where ballots were being tab blalted and they could raise objections. both camps agreed that was the right thing to do in a democracy. why isn't joe biden joining with these lawsuits to demand transparency. i will tell you what, brian, if they have nothing to hide, and they are not doing anything improper, they have a funny way of showing it. when you don't have anything to hide, you let the cameras in. in reno, nevada, they are literally livestreaming how every ballot is being tabulated. you can go online and watch it. why can't they get transparency to what's going on in clark county? second of all, there is essentially no signature match. so they have a dirty file where they mailed all these ballots the ballots are returned and envelopes of the ballots returned in that they were mailed were discarded. we can't see any of those envelopes. now the ballots the polluted ballots are in the pile. we don't know what the postmark was. we don't know if they were delivered after the election. this is a disaster. we wouldn't accept these election results if they came from the undeveloped world. with jimmy carter and other americans went to observe elections in other countries, they were allowed into the counting rooms. we are not allowed into the counting rooms in the united states of america. steve: matt, i saw that press event you and ric grenell had yesterday afternoon. we took it live here on the fox news channel and i know rick blamed the harry reid machine for a number of these problems. that was his allegation. but in the lawsuit there in nevada, you want them to stop counting illegal votes. what makes them illegal? >> i think we are getting confused on stopping the counting. what we want to do is make sure there is a witness at the table steve stove just transparency. you would like what they had in florida. >> right. so, steve, can you raise the objection that a ballot came in after election day. you couldn't have a democracy if people could know what the delta was in the tally and then all of a sudden be able to bring new ballots. we also know that there are more people on the voting rolls here than live here. we just laptops and publicly available information found 3,000 people who voted in this election who don't live here this is us going online and use our wits to find out what's going on on the ground. this is a terrible way to run an elections. the presidency hangs in the balance and the american people are shut out of a transparent process. that means that the election results will be questioned by 50% of this country at the time when we are already at each other's neck. they didn't do this during the florida recount which had this democracy and trouble. both sides agree let's have transparency. let's have witnesses in the room. what's happening to the team in philadelphia with pam bondi is unamerican. what's happening here in clark county is unamerican. do your job. why aren't they looking under the hood. why are we sitting around with laptops figuring out why people who shouldn't be voting is voting apght and we are trying to figure out. in nevada you can't unscramble the eggs. we don't know where the envelopes are. we will never be able to track the ballots in the stack because they essentially got rid of the evidence with the envelopes. i am calling on the media please, if you don't think they are doing anything wrong. why can't we get in the room to watch it that's the way we are run our democracy for a couple of centuries. ainsley: matt, i think people would sleep better at night if this is fair. we know nothing nefarious happened. we hear reports like this and you are making it sound like nothing can be done about it? we know -- i know that the g.o.p. lawyers they sent this criminal reference to the doj to bill barr. they are reporting 3062 reports of voter fraud. are those the ballots that you are talking about? >> yes. ainsley. those are the people who voted in this election from publicly available data bases who don't live in nevada. and i think that's done -- i think that's actually a low number. because i think some of the publicly available data bases i think you are going to see this number grow. if we can have transparency in the process. ainsley: nothing can be done about it? >> democrats who run clark county if they want us to accept the results they need to show us all the evidence that this is all on the up and up. right now we are shut out. brian: matt, when are they looking to certify? what is the next legal steps for so people at home know exactly what you guys are going to be up to today? what's your approach to today? >> well, we filed the lawsuit in nevada last night. we hope to get it expedited. you know how this works, brian. it all depends on the judge you get. the judge who views this evidence, shocking evidence is something that they want to take up. i just have to say what the president said yesterday, i have been involved in republican politics a long time. republicans always publicly have a hard time talking about the voter fraud in our big cities but privately we all talk about it. let me ask you this, if a mayor of a big city will allow their town to be burned down and do nothing and call the cops off, if a party will sue nuns and take them to court what's a little voter fraud to make sure you have political power to put these terrible policies in place. if they have done nothing wrong, let us watch. i have five kids. if they are hiding something i tend to think they might be doing something wrong. this is a basic principle of democracy. you won't be able to accept the results. people will question them if they are not allowed to watch the ballots be tabulated. brian: the president had a problem with this in june when they announced it. he had a problem in jersey but not as consequential of a state. when they decide we are going to change our election process, it's all going to be mail-in. he said it's going to be a problem. >> brian, why isn't joe biden, if he wants these results to be accepted, why isn't he joining us in the lawsuits to make sure that there are democrats and republicans -- remember, these are democrat run cities. brian: that's not going to happen. is he not going to do it. >> he is silent and nobody in the media is pressing him to say why are you keeping republicans out of the tab blaght process. brian: chuck todd wants you guys to concede. >> of course he does. he has been wanting us to concede for four years. this has been an attempt to destroy this presidency and delegitimize it from the very beginning. i can't believe this election is going to be the end of this process i is now cutting republicans half this country what should be a legitimate process of tab blaght the votes. i don't think the personal people are going to stand for this. this has to end. ainsley the reason why you can't unscramble the egg is the ballots are in the tally. there are not enough ballot. you can't go back in and say where is joe smith's ballot. brian: the envelopes are in the garbage. >> where are the envelopes, i wish someone in the media would come down here and ask them. steve: lots of questions. we need more answers. matt schlapp joining us today from las vegas. >> thanks, guys. steve: still ahead on this friday telecast. it's friday so geraldo is going to join us and also mollie hemingway and general jack keane are all here. oregon just decriminalized possession of all hard drugs including heroin and meth and cocaine our next guest worked for three different administrations said this is a dangerous mess. everyday you're eating acidic foods; you're constantly weakening that enamel structure. pronamel repair allows more minerals to penetrate deep into the enamel layer and it repairs it. it is pretty phenomenal. >> brian: oregon making history decriminalize hard drugs. 59% to 41%. set to take effect in january. people suffering from addiction are more effectively treated with health services than with criminal punishment. that's part of this whole proposition. the president of smart approaches to marijuana and drug adviser to clinton, bush and obama. kevin, is this a good day for illegal drugs? >> it's a great day if you are a drug dealer and great day if you want to legalize heroin because that will be the next step. they started with marijuana. now they are going to legalize all drugs. this basically takes all the teeth out of getting people treatment. this measure doesn't create one trimentd bed even though touted as treatment over incarceration. a lot of people thought they were voting for treatment. i don't want to be putting people in prison and jails. this doesn't expunge your record if you want a second chance. it's a dream for those who are drug dealers and those who want to basically use with impunity. that's a bad move. brian: just to get some clarity i'm not going to walk into a marijuana shop buy meth or heroin. now i can get aquatic with it on me and not go to jail. >> that's right. if you are 16 you basically will get a card that says if you want to call this hotline for help and pay $100 fine your parents won't even know. literally if you are 15 or 16 years old, the law says you don't have to contact your parents there is no court ordered rehab. great by the right or left. not controversial very effective. they use carrots and sticks to get people the help they need really interesting last night many of your viewers might know the great former congressman jim ramstad a minnesota republican worked with patrick kennedy very closely on addiction and treatment and mental health he said himself that if it wasn't for the fact that he was arrested he would have never gotten the help. brian: i hear a lot. they say they are going to take the marijuana tax revenue and build up facilities what's your reaction to that? they are going to get treatment centers. >> chump change not enough money. the marijuana tax revenue dwindling tiny% of the overall budget it. doesn't create one treatment bed. this is part of a larger movement to legalize all drugs why got to stop that. brian: big magnet for oregon people with drug problems don't want to go to jail show up at doorstep in oregon. >> not about jail. drug court. carrots and sticks. brian: kevin, we are going to monitor this but we actually know where it's heading. appreciate it. thank you for your expertise. >> appreciate. thank you. brian: you are welcome. still ahead geraldo rivera is here. larry elder and mollie hemingway and stuart varney and general jack keane on anything he wants to talk about. non-steroidal anti-inflammatory gel... available over the counter. voltaren is powerful arthritis pain relief in a gel. voltaren. the joy of movement. smells more amazing than ever. flings now so their laundry isn't that the dog's towel? hey, me towel su towel. more gain scent plus oxi boost and febreze in every gain fling. to save you up to 60%. these are all great. and when you get a big deal... ♪ ...you feel like a big deal. ♪ priceline. every trip is a big deal. steve: we are still awaiting results in these battle ground states. griff: that news coming out of georgia is pretty amazing right now joe biden has just taken a narrow lead by 917 votes. >> the secretaries of state, who are obstructing our people from coming in to observe the ballot counting process. >> they can get away with this by finishing the count and the court just shrugs and say yeah, it was a violation but it's moot. >> if they have nothing to hide and not doing anything improper, they have a funny way of showing it. >> we won by historic numbers and the polsters got it knowingly wrong. it was done for suppression reasons. >> these were unreasonable polls but literally done drive donations. ♪ whatever it takes ♪ ♪ i will do whatever it takes ♪ ainsley: just waking up, it is 7:01 on the east coast and i know you want to know, yes. it is still undecided. we do not know who the next president of the united states will be. both are declaring victory or saying that they will win. both were speaking yesterday. the president said he wants openness and transparency and he doesn't want these secret court count rooms there is a big problem in pennsylvania with how close the watchers can be to the folks who are actually counting the ballots. brian: joe biden came out yesterday. i think the president felt compelled to come out. i would love for the president -- he has such great legal people in all these contentious cities including arizona on that list. it is slowly but surely chopping down on the lead of joe biden. leave the legal stuff to the great legal minds and just come out and in 45 seconds tell everybody where you stand. i know, steve, what the president worries about is someone is going to prematurely declare this election and you can't get that horseback in the barn. steve: well, if you look at the totes right next to brian's head. if you are just waking up, the big news is donald trump, who had been leading in georgia once by a big number and now you can see it's turned around and joe biden is actually ahead by 917. but there are still lots more votes to count. all over the place. griff yen constituency is live in delaware. not far from joe biden's place as we await the final results. griff? griff: hey, steve, brian, ainsley good morning to you. big news out of georgia the democrat hasn't carried the peach state since 1992 and bill clinton with those charts of margin differences to my left, let me kind of walk you through the and show you where this race stands. now, the 917 votes in georgia obviously is the big lead with 99% reporting. they are still counting there. that change came overnight when clayton county reported their numbers. but, in pennsylvania, biden also gaining there. the president leading by .3% with 97% reporting. you can see there on that chart the president leading by just over 18,000 votes now. now, out west, in nevada, biden is up roughly a point leading by 11,000. with 84% reporting. and in north carolina, the president up by a 1.5%. ahead by 76,000, with 94% in. now, in arizona, a state fox news has called for biden he is up a point and a half, 90% reporting overnight. in maricopa county can you see here trump supporters again protesting. shouting stop the illegal vote. meanwhile, the legal battles continue on two fronts in four states. the president losing lawsuits in georgia and michigan. but advancing in pennsylvania and nevada. at the white house last night though the president was making a strong case accusing democrats of trying to steal the election. >> if you count the legal votes, i easily win. if you count the illegal votes, they can try to steal the election from us. griff: meanwhile here in wilmington a confident joe biden was urging patience. >> democracy sometimes messy. it sometimes requires a little patience as well. we have no doubt that when the count is finished, senator harris and i will be declared the winners, so i ask everyone to stay calm. all the people to stay calm. the process is working. griff: and they are still counting in georgia and pennsylvania. now there are deadlines next week, next tuesday, thursday, and friday by which these states will have to certify their final numbers. but right now we wait for any update. we will bring them to you as soon as we get them. brian, ainsley, steve? brian: griff, do you know how many votes were gained last night in arizona? have you been able to see that tally? >> no. and i wouldn't want to venture because we're going to get new numbers, brian, on what would be noon eastern, 9:00 a.m. out there in arizona. and that will be the better metric to go by. brian: i see mcsally is also gaining along with the president out in arizona. she is saying hold on, everybody. griff: yeah. we shall see. you know, fox news decision desk standing by their call. the a.p. backing that up. but certainly we are going to be watching those numbers like a hawk all morning. ainsley: all right. thank you so much, griff. grady trimble from our sister network fox business joins us live from philadelphia where ballots are still being counted there hey, grady. >> hey, ainsley they are being counted live look at that vote counts. the president's lead in the state of pennsylvania dwindling as griff mentioned to 18,000 votes with some 163,000 mail-in votes across the state left to tally and new this morning, philadelphia police reportedly thwarted a potential attack on this convention center. police took two armed men into custody nearby. they say the men drove into the city from out of state new a hummer. they did not say what their intentions were. the fbi is now investigating. meanwhile, the trump campaign has filed a slew of lawsuits over the election here and what the rnc calls a win for the campaign. a judge ruled certain ballots lacking voter i.d. info, they have to be separated from other ballots. in another case, the court ordered g.o.p. poll watchers in philadelphia should be allowed closer to the vote count. the trump pain alleges the city is not letting that happen and now the city is challenging that order. >> they are actually appealing which is sort of interesting. i wonder why they would appeal that all we want to do is have people watch as they do the vote tabulations. >> and on this very corner there were dueling protests all day yesterday between anti-trump demonstrators and pro-trump demonstrators. trump has some of his legal staff on the ground here as well. they have been holding press conferences every couple of hours here. the secretary of defense indicatesecretary of state saidy now it's looking like it could happen today. we will keep you posted. back to you. >> thanks so much, grady. a lot of moving parts right now. meanwhile the main contention the president wants is to be able to see what is the problem with being able to see and the disappointment for matt schlapp and others on the trump team should be isn't this something joe biden would want, too? here is matt schlapp he joined us out in nevada fighting for the trump cause there. >> we have broken 250 years of democratic norms. we are locked out of the ability to watch how the ballots are being counted. why isn't joe biden joining with these lawsuits to demand that there is transparency in philadelphia, in pennsylvania, in clark county, one of the most corrupt counties in this country? i will tell you what, brian, if they have nothing to hide, and they are not doing anything improper. they have a funny way of showing it. the presidency hangs in the balance and the american people are shut out of a transparent process. brian: what a lot of people are saying did voters break the line? because when you see that thom tillis is winning in north carolina and the president is still winning there. when you see that purdue is winning in georgia and even though they have to do a runoff, is he just about just barely under 50%, that would basically give the president a lead. did people vote for joe biden and then go down and vote back for republicans? and what about the polls and what about everything else leading up to the election? john mcmclaughlin a polster for the president says the way the polls handled it, that's voter suppression. if you don't think your candidate can win, why vote? and i will just give you an example. the president is supposed to lose by two in florida. he was supposed to lose by two in wisconsin. he was supposed to lose by 17 in wisconsin, i should say on saturday. he was supposed to lose to in ohio was too close to call he won by 6 or 7 votes. he was supposed to get blown out by double figures in michigan by just about every poll. that effects people's mood. man, it's a little cold today. my guy is going to lose anyway. i think i'm going to stay in. steve: that's why he told the "new york post" that. what's interesting is in the run-up to the election, there were polls that, you know, that abc, "the washington post" poll showed the president was behind by 17 points in one state and that ultimately did not prove to be true. as it turns out, the polster that got it the closest to being right was the trafalgar guy who some of the other people in the polster business referred to that's a crazy outlier poll. but he got it right in florida, michigan, wisconsin, and ohio. and had to to say last night with laura on the new mission which seems to be to try to get people to feel a certain way so that that a certain thing happens. watch this. >> the new mission it seems to be to try to affect the entire election from the beginning of the summer when som so many of e crazy senate race polls showed them tight and allowed all this corporate money to flow in the doors. there were so many undecideds or would have naturally been at that point in the election, these were unreasonable polls but they were literally designed to drive donations so that's these war chests would be very big. the people that ought to be most upset ought to be the donors who gave all this money to races that were unwinnable. steve: as it turns out there is a number of people who are still trying to raise money in fact joe biden's team is trying to get money for a legal defense fund in light of the fact that the president and his team are filing lawsuits all over the place. the reason it's taking so long, once again, we mentioned this at the top of the 6:00 hour, the reason it's taken so long to count the votes, is because of the volume, so many people voted by mail. republican legislatures in a number of the states that are currently with the log jams, they had the opportunity, they were warned, you know, you should do something called allow precanvassing. so, if you get an envelope, can you go ahead and check, okay, that signature matches. there is the postmark this will be counted on election day. instead, they decided, you know what? we are not going to do that and that is why it is dragging out. ainsley: especially this year. it feels just -- it's hard on everyone this year because of everything we have been through. steve: we are exhausted. ainsley: i wish they would have done what florida did and every time a vote comes in they count it. i wish the vote counters would have a republican. brian: stop taking breaks. ainsley: watch them count. that vote counter should say okay, signatures match. okay. this is what they did. you will see me putting it in the system. and the democrat and the republican behind them say okay. enter it in the system. that's the way it should work. so that everyone knows that this is fair and square so we can all sleep at night. but now people are drinking more and eating more. everyone is stressed. steve: are you talking about me? ainsley: we are going into the weekend without knowing what's going to happen and it could drag on for another week or two weeks when all of these votes are. in i will say, this it was obvious when the democrats had that conference call yesterday with nancy pelosi. and much of that leaked out. and you had these moderate house democrats saying that socialism thing? that message was a -- that was a failure. and i think what's happening is these democrats are so stunned, these polsters and people in the media that were so anti-trump, stunned at the number of republicans that went out to vote. the number of republicans, the number of women, female new senators and representatives. and i just think the democrats are shocked. they truly believed that america hated trump, these elitists that they hated trump and they would win by a land slide and it was not a blue wave. brian: they spent $350 million and they didn't get what they wanted. so, here's the big thing. we are not done with this election. but when you see who voted for republicans, they become the blue collar party. no longer the elitist party out of touch. they also have made tremendous gains with the hispanic community. and will early reports show major gains in the black community. listen to robert johnson, one of the most successful african-americans in american history, a billionaire and founder of bet. listen. >> i'm not fearful that a trump re-election is going to be an assault on the political cultural social rights of black america. >> do you think that four more years of donald trump is a good thing for the black community? >> i will put it this way, based on if you take the past four years the answer would be yes. i think black americans are getting a little bit tired of delivering huge votes for the democrats and seeing minimal return in terms of economic wealth. joe biden was not an inspiring candidate for many black americans. brian: he was a terrible candidate overall. he barely even worked at it. here's the thing. if the republicans are going to change their party and have success, they had to broaden it out. there is one guy who was called a racist five out of every seven days that did it. it's donald trump. there is one guy that dressed the hispanic community directly in florida specifically. and in puerto rico, they did not run from him. they ran to him. even despite him being critical of that island and the way it's governed and it's donald trump. and it's the republicans that will benefit from it. we saw that in the house today. steve: it could be some time today that they finally are able to figure out who is going to win this thing. then again, it could be tomorrow. it could be next week. stand by though. because if it happens on our watch, you will see it right here on the fox news channel. meanwhile, democrats 14r578ing each other after that blue wave they hopes for. didn't actually wave. the heated capitol hill fight coming up next. - [announcer] meet the ninja foodi air fry oven. make family-sized meals fast. and because it's a ninja foodi, it can do things no other oven can, like flip away. the ninja foodi air fry oven, the oven that crisps and flips away. less oral steroids. taking my treatment at home. nucala is a once-monthly add-on injection for severe eosinophilic asthma. not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection site reactions, back pain, and fatigue. ask your doctor about nucala at home. find your nunormal with nucala. here? nah. ♪ introducing the all new chevy trailblazer. here? nope. ♪ here. ♪ when the middle of nowhere, is somewhere. the all new chevy trailblazer. making life's journey, just better. brian: from pennsylvania to ned the trump campaign is bringing their re-election battle to the court sending legal teams across the country in their demand for transparency you saw we talked to matt schlapp handling nevada. as the votes continue to be counted this morning, where does the fight go from here? let's bring back in george washington university law professor fox news contributor jonathan turley. jonathan, i know we are fanned out unlike in 2,000. fanned out in nevada, pennsylvania and georgia and arizona, should there be a coordination and what shouldn't you do? >> well, first of all, the -- what you should not do is have the president continuing to talk about stealing the election and these specific claims. he has an army of lawyers who are preparing to litigate these questions. he needs to leave it to them. this is undermining their effort. it makes judges less likely to take these issues seriously or approach them aggressively. he needs to just tamp down the rhetoric and focus on the theme that he wants all legal votes to count that's fine and leaf the specifics to his lawyers. brian: right. having said that time does matter i don't want joe biden to sit there and say i saw that network that put me over the top so i'm president elect high five me so it's hard to put that horizon back in the barn. something said that look at nevada again. that's the most ripe for analysis and legal challenge because of people voting from out of state and dead people voting because first time they did mail in ballots. when i only say 6 electoral votes you say this could come back and ripple? >> well, it could. because the question in nevada is systemic problem with mail in voting. relying on voter lists notoriously unreliable and also you have sketchy authentication systems including signature machines that were set at lower levels of discrimination and confirming signatures or changes in state laws that says that the signatures don't match, it doesn't matter. all of those things exist in a variety of states, not just nevada. there was just a criminal referral made to the justice department by the nevada republicans. they are very specific in these 3,000 odd voters that they are identifying as possibly ineligible. brian: right. >> the problem for a court looking at this is what to do when the unknowable becomes the unacceptable. because the way that nevada has preserved the record may make it really impossible to look at these specific votes. so what does a court do if it believes that thousands of votes of ineligible voters may have been counted. that could be where we are heading and it's not just a problem that would be confined in nevada. >> i'm f. i'm looking in nevada and then okay, i got a problem with wisconsin. you know, michigan did the same thing and man there was a lot of mail-in voting in georgia. can you work that? does one judge look at what another state's judge is doing? >> well, what judges do is they look at all their decisions in states to see if there are systemic problems and how those courts handled it. the problem that we are facing is really how do we make the determination because of the way these ballots were handled? is there even a review possible to confirm that only eligible voters did vote. early on in nevada, there was objections to the separation of these envelopes and the discuss carding of envelopediscarding od he pros says. create a problem snrars various states. not that we can to believe one side or the other we could be looking at a very difficult question for judges if they are being asked to confirm that there were not a large number of ineligible votes. we could face a situation where that type of certainty might not be possible. brian: then what? that's exactly right. then what? that would be the most positive outcome. brian: wow, jonathan turley, thanks. appreciate it. incredible. 24 minutes now after the hour. texas sheriff who helped rescue the people of his community hurricane harvey. the sheriff announced his candidacy right here on "fox & friends." this morning is he here to join us. congressman elect will be joining us next. ♪ country ♪ can i get a yes, sir, yes, ma'am. find your rhythm. your happy place. find your breaking point. then break it. every emergen-c gives you a potent blend of nutrients so you can emerge your best with emergen-c. straining, and bloating, again and again. no way. more exercise. more water. and more fiber is the only way to manage it. is it? 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what do the folks there say? what do their constituents say when they hear that agenda especially in texas where fracking and oil is so important? >> no question about it. you know, i was even out spent 2 to 1. but traveling around this district for the past several months talking to the people. the idea, my opponent is about as far left as you can get. you know, he was receiving money from these groups that wanted to defund the police. the people in this district and the great state of texas don't want to hear anything about defunding the police. and to ban fracking, you know you heard vice president biden talk about moving away from oil and gas during his second debate. the i think the people really their ears perked up and said we can't have that in this district. you know, serving as a sheriff here and i have lived here 28 years. i raised my family here, the people knew that i am a committed, dedicated public servant being here for so many years. and what they have done is they have actually rewarded me for my service to this district for the past several years. and it is going to be an honor and a privilege to represent them in washington. ainsley: i know you have quite a career. thank you for your service. i know you rescued people during hurricane harvey. that goes a long way for the folks there in texas who see you out there getting your hands dirty and saving lives. i know you will be excited to watch tv and not see these negative campaign ads about you. we wish you all the best. have a great weekend. >> thank you, got bless you all. ainsley: god bless you, too. democrats are divided after losing big on election night. >> we need to get back to the basics that brought us across the finish line in 2018. we need to not ever use the word socialist or socialism ever again. ainsley: "fox & friends weekend" co-hosts will, jed and pete are here next. ♪ let it roll ♪ down the highway ♪ (coughing) hi susan! honey? yeah? i respect that. but that cough looks pretty bad... try this new robitussin honey severe. the real honey you love... plus, the powerful cough relief you need. mind if i root through your trash? new robitussin honey severe. strong relief for your severe symptoms. strong relief it's so good to see you. you too! so really, how are you? oh well, look! that's what we're both taking right now, fanapt. you know it's really been helping me manage my schizophrenia. i used to hear these terrible voices. loser! you're such a failure. you're so embarrassing. i used to feel like everyone was staring at me. but we're doing much better now, right? yeah. fanapt is approved for the treatment of schizophrenia in adults. in clinical trials, fanapt significantly improved symptoms of schizophrenia compared to placebo. fanapt may change your heart rhythm which could elevate risk of sudden death. your doctor will consider this when deciding among treatments and may prescribe another medication first or may instruct you to take a smaller dosage of fanapt. the good thing to know, is we're not alone. call 8557 fanapt >> shouldn't have lost. the number one concern and things that people brought to me in my district that i barely won was defunding the police. we need to get back to the basics that brought us across the finish line in 2018. we need to not ever use the words socialist or socialism ever again. and if we are classifying tuesday as a success from a congressional standpoint, we will get [bleep] torn apart in 2022. and eggs ciewx the profanity but [bleep] that's the reality. steve: we degree create the brady bunch grid where we will be on the top and we will have the weekend crew on the bottom of the grid in just a moment, so, let's bring in pete and jed and will cain who you will see on the channel over the weekend. good morning to all of you. ainsley: we are working on the brady bunch box. steve: nancy pelosi is going to hold her first post election press conference. and it promises to be a barn burner because we have already heard that leaked phone call that was not supposed to leak where the moderate democrats are attack the super frozens. what were you thinking about this defund the police, socialism and get rid of fracturing stuff? pete: the democrats who they are. we know who they are they are a far left party. those voices saying we can't talk about defund the police and stop fracking please stop saying socialism. that's a dying breed. nancy pelosi is the old guard with the old power of the fundraising and the gavel right now. but she does not represent the heart and soul and base of the far left which with all the votes still being counted by the way networks do not decide elections, the people do. so with votes still being counted, transparency necessary. our president challenging results in places where he wants, you know, the legal votes to count. all of that said, you still saw presidential election defined by the far left. for the democrat party to run away from it is going to be a very challenging task. because that is who they are. they just -- it was exposed. they are not able to hide it anymore. voters saw it. i think that's why so many people also came out for the president way more than 2016. ainsley: do you believe they truly thought americans hated trump, there was going to be a huge referendum and thousand are they waking up shocked after election day and stunned that republicans did so well? >> i think they thought it would be a run away. that was the fantasy land they lived. in polsters lied to them. the media lied to them. they lied to themselves. they don't know any trump supporters. they con descend to them. the republican party and trump supporters came out in droves. now, we will see how the contest ultimately plays out there. was no blue wave and certainly not a referendum for the far left. if anything patriots came to the ballot box and we will see what happens. this is not over. brian: it isn't. and i just love the fact that on the call they said defund the police, the neil those issues killed our members. having everybody walk the plank on unqualified immunity with cops. that hurt our members. no one is taking responsibility for it. let's see if they have the guts to stand up to the madam speaker who has been nothing but the other definition, jedediah of divisive. she thought it was great, i ripped up the state of the union and msnbc wants to book me congratulations. you alienated most of the country. jedediah: you know when i heard in that call from the congresswoman at the beginning and i understand her profanity and frustration, frankly. not just stop saying these things. but stop doing them. that the country is not with you on these particular issues. and i said for a very long time that the defund the police movement was going to be key. i think socialized medicine was also key as people looked at a pandemic and looked at how medicine unfolds in countries that have socialized medicine does not want that for themselves and their families. when you talk about saflted and security having police in your community is not at partisan issue. that an issue that people across the board support. and they know that when trouble strikes at their own home, they need to be able to pick up that phone and call a cop who is going to come help them. so i think the call there you are seeing great division in the democrat party for sure. and the call was saying we need to take a look at what we stand for on these issues that have gone far left. and i think that's what you are seeing in a lot of these races, too, brian. you are looking at republicans picking up seats in the house and senate. even people who support joe biden, and that includes some independence and some republicans wanted that check on joe biden because they were afraid that he would be co-opted by the hard left wing of the party. brian: they don't have the senate yet though. jedediah: kamala harris and aoc. right, exactly. but they are working very hard and you see what's happening in the house and the senate very well may go that way. they wanted a check on that is the point and i think in the house. they have achieved that and that is a concern for democrats that they should look at and say hey, wait a second. why did this happen here? what were people actually saying on these key issues leaning left. steve: will, where are you on this? will. brian: sometimes you say a lot by not speaking. will: i have lost audio. i will let everybody else handle the business. steve: all right. very good. who is coming up this weekend? pete, you start? pete: yes, we will give extra time to will on the weekend. don't worry. you will hear plenty of will. he has great things to say. we have a great lineup. corey lewandowski, david bossie seen him at press conferences across the country. legal challenges have been reported on the weekend. it will continue into election weekend. every morning i turn you guys on you said it this morning the race is still not called. i think tomorrow morning and through the weekends we will be carrying the baton just like you guys. brian: what about on fox nation, pete? pete: fox nation, by the way, we are coming up on veterans day. so we have been consumed with election day. veterans day is coming on the 11th. fox nation has a great special through november 12th. this is through november 12th. if you get a subscription to fox nation we will give a $5 donation fox will to the independence fund which is a fantastic organization which supports catastrophically wounded veterans. i love them. they do great work. also, if you get the patriot plan, which is a one year, two year, or three year deal, i humbly submit you will get a free copy of my new book, modern warriors, real stories from real heroes. honored to write it. 15 of america's greatest heroes in their own words. you will get it for free if you get a year or two or three of fox nation. celebrate vets day by celebrating america. brian: you take your series and put it into the book so able to expand on that. >> series into the book. new show coming out as well. but these stories are amazing, brian. you guys know this and hear them in their own words combats come back. brian: in this generation, that's great. ainsley: you are normally in your office with all the red, white and blue behind you i sea a sea horse. >> undisclosed location. ainsley: little fun fact for the kids the male sea horses have the baby. brian: which aqua man rode on in his tv series. pete: i don't know that. ainsley: okay, guys, have a great night. steve: great night? it's 4:45 in the morning or 7:45. ainsley: this is probably their nighttime they have to go to bed. brian: good night, janice. janice: can we have a drink after this at some point? steve: it sounds like we have been drinking. tell us about the tropical depression? ainsley: it's 5:00 somewhere. steve: yes, indeed. janice: let's do that the weather has not stopped. i know we are talking about elections but we also have the potential for an impact of this named storm ad eta. moving back into the caribbean over cuba and we think impact florida. maybe early next week and then perhaps into the gulf of mexico here are the computer models as we go further out in time. definitely the track showing a cuba landfall. where it goes after that we are a little unsure of but that's why we have to pay close attention to the forecast as we get into the weekends and early next week. unfortunately, tropical season is not over yet. also want to make mention that we have big changes underway across the west. a lot of moisture getting in to the southwest, california, heavy rainfall, and mountain snow. so several systems moving. in we have a change in this weather pattern. and that's going to bring some much needed moisture into this area that had record breaking wildfires this year. there is the rest of your forecast. so we are going to enjoy the fact that we have way above average temperatures and some cases 40 degrees above average. 77 in minneapolis today. 73 in kansas city. 68 here in new york with mostly sunny skies it. has been a beautiful forecast this week for much of the country. but, there are changes coming. all right, steve, ainsley, brian, back to you. steve: thank you very much. brian: get some rest. time to go to bed. meanwhile, coming up straight ahead, the supreme court hears arguments in the hot button case with amy coney barrett on the case. judicial crisis network carrie severino breaks down that case for us next. when i refinanced with sofi, that allowed me to pay off aggressively and save without breaking my back or breaking the bank. ♪ there's so much to take advantage of. like $0 copays on virtual visits... ♪ wow ♪ uh-huh $0 copays on primary care visits and lab tests. ♪ wow ♪ uh-huh plus, $0 copays on hundreds of prescription drugs. ♪ wow ♪ uh-huh unitedhealthcare medicare advantage plans. including the only plans with the aarp name. most plans have a $0 premium. it's time to take advantage. ♪ wow it's time for theraflu hot liquid medicine. powerful relief so you can restore and recover. theraflu hot beats cold. >> good morning, back with a fox news alert. protesters marching nationwide for a third straight night. the lapd sharing this photo of a crowbar and hammers they recovered during an arrest. in new york city police find a bike chain used to choke an officer. the suspect is in custody. an illegal immigrant who murdered a california police officer will spend the rest of his life in prison. paula mendoza pleaded guilty to killing corporal sipg the day after christmas in 2018 after being pulled over for driving drunk. the widow broke down in tears after mendosa's sentencing hearing. >> i am never going to see him go home. is he never going to hold his child. i'm always going to have that empty chair on my dinner table. >> president trump met with corporal singh's family after his death and used the case to push for tougher border security. new york governor andrew cuomo is blaming new york city mayor bill de blasio for democrats losing seats in the state legislature cuomo says de blasio's leadership gave ammo to republicans. listen. >> they ran de blasio's picture all over the state. they will turn new york city nee into new york city looting and crime and homelessness, law and order. that was their message. and it resonated more than it should have. >> several state republican candidates have leads based on ballots but mail in votes have yet to be counted. steve? steve: thank you very much, jillian. it's the first hot button case on the high supreme court for justice amy coney barrett. and conservatives appear to be leaning towards siding with a catholic adoption agency in an lgbtq foster care dispute. let's bring in the president of the judicial crisis network, carrie severino, joins us from the d.c. area. good morning to you, carrie. >> good morning. steve: so tell us, basically, what the case of fulton vs. the city of philadelphia is all about. >> yeah, this involves a catholic foster care placement agency that's been operating in philadelphia for decades. there is now a challenge saying they should not be allowed to because as a matter of their religious beliefs traditional christian teachings on marriage and they do not place children with same sex couples. but what's interesting is even the fact that they are saying we wouldn't be willing to do this at this point even sort of hypothetical as it came up several times in the argument today no same sex couple has ever applied to that agency to get a child placement because there are 30 other agencies in the city who place children and are happy to do so with same sex couples. what came out is it seems to be this is the city almost picking a fight here with a catholic agency. there is no one who has actually been harmed by this case. and what would happen if they are shut down is one agency that places lots of children with loving families would not be able to do so. that would be bad for the children seeking foster care in the philadelphia area. steve: right. okay. and the city of philadelphia says, look, if you are going to do -- provide this service, you cannot discriminate. and that's where this case came from, right? >> exactly there with a r. ways other exemptions religious observance in other areas. they can certainly find a way to have an exemption here. there is a win-win. for some reason the city is not wanting to have a win-win where some agencies will place and some won't. steve: they had the arguments yesterday. from what you heard, and the reporting as well, how do you think the supreme court is going to rule? >> yeah. it looks to me like there is a clear majority. maybe, you know, more than a five justice majority that will say there is a religious exemption right here under the first amendment that the city has to recognize. we even saw some serious questions liberal justices saying hey, no one has ever been denied here. that's a real problem for your case. so i think you could even see it as we often do in religious freedom cases going even further than a bear 5-4 majority or 6-38 majority. agreement across the board that religious freedom rights do have to be respected and we can live even i in obergefell. we will see whether the court agrees with that we have a clear majority of justices including justice barrett on the court. steve: what does that mean for cases going forward on cases like this. >> i think there is room in american society for live and let live for people to be able to express their religious beliefs and whether it's running a foster care agencies or hospitals or many organizations and businesses run by people with religious faith all sorts of religious faith and some of these other laws we can have exemptions and all work together. i think this is an area the court has been very strong on for a while and i think with justice barrett's inclusion it's even stronger in recognizing our freedom of religion. steve: we will see what happens in a couple of months. carrie, thank you very much. >> thanks. steve: all right. straight ahead, final hour of "fox & friends," you have got geraldo, the general, stuart and larry elder. ♪ ♪ singing everything on the radio ♪ even power through dough, and never stall. the ninja foodi power pitcher. rethink what a blender can do. you know, the covid-19 virus has infected millions around the world, but the virus that has infected every human being on the face of the earth is called sin, and the only vaccine against that virus is the blood of jesus christ shed on the cross. will you come to him for healing? 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nah. ♪ introducing the all new chevy trailblazer. here? nope. ♪ here. ♪ when the middle of nowhere, is somewhere. the all new chevy trailblazer. making life's journey, just better. steve: if you're just waking up the big news donald trump who has been leading in georgia and now it's turned around and joe biden is ahead of 917. >> the change came overnight when clayton county reported the numbers. brian: trump campaign sending election battle to the courts. >> we have broken 250 years of democratic norms. we are locked out of the ability to watch how the ballots are being counted. >> talking about tens of millions of people voting in a system relying on records that are really sketchy. >> as of this moment the gop flipped 8gop seats. >> they thought there was going to be a big blue wave. that was false, there was a big red wave. ♪ brian: he's watching in the night, 8:00, 9:00 o'clock. up big in north carolina, up big in georgia, up big in michigan with the lead in wisconsin. here we go again. i got over 300 electoral votes and now with the mail-in ballots coming in, he watches it go away. if you're a supporter of the president, you understand it's gnawing at you. can you imagine being that guy? that's who we saw yesterday, frustrated because we don't know the mail-in ballots, we've never had a volume in mail-in ballots and never had a turnout in the history of our election and in places like florida got us down and gave us the verdict, it's hard to get our hand that georgia and keep stop counting in nevada, keep stop counting in north carolina, taking another week to figure it out and pennsylvania has got a history in which needs some examination. steve: well, the news that is just breaking right now apparently the secretary of state of georgia is going to be having a press conference at 10:00 o'clock this morning, 1030 that is to say. we do not know what the announcement is. you can see the number over by brian, when you went to bed for the most part, unless you went to bed at 4:00 o'clock this morning, the president of the united states was ahead in georgia. now joe biden is leading. it's interesting and if you look at pennsylvania, 18,000. it's the story this morning of milwaukee journal is seeing that the trump campaign is looking for volunteers to call people in pennsylvania and urge them to return their mail-in ballot by tomorrow which is curious. keep in mind, only votes that were cast by election day are legal but in philadelphia and pennsylvania, you've got until friday to get it in, so it sounds like they are trying to shake the tree and see if any other votes will fall out. brian: postmark didn't matter in pennsylvania. they didn't care about the most mark before november 3rd. ainsley: things were so different because of covid and they were mailing them out early, a lot of people didn't want to go to the polls and didn't feel safe. every legal vote should be counted. if there's any evidence of something wrong, illegal, that needs to be investigated on a case-by-case basis and brought forward so the media can report it. griff jenkins live in wilmington, delaware as we await final reports from those states, hey, griff. griff: ainsley, brian and steve, good morning, big news coming out of georgia there. we will see what the secretary of state has to say at 10:30 if biden should go on and win georgia, many will point to his late push in the final days making two stops there in georgia, the last time a democrat made a final week push there was 1992 it was bill clinton and last time a democrat won there. we will have to find out, but you see the margin there to the left me. of course, in georgia, biden just taken that lead by 917 votes with 99% reporting. clayton county made the difference there but there are other counties, savannah like that are holding out, we will find out where the numbers stand, but in pennsylvania, another twist and turn, biden is gaining there. the president leads just by .3% with 97% reporting. you see the president by 18, nevada, leading by 11,000, 84% reporting and in north carolina the president up by a point and a half, 76,000. in arizona, a state fox news has called for biden, biden is up with a point and a half reporting. in maricopa county protestors shouting stop the illegal vote and legal battles continuing as well. the lawsuits on two fronts and the president lost two lawsuits in georgia and michigan but advancing them in pennsylvania and nevada. that's why at the white house last night the president was ramping up his rhetoric accusing democrats of trying to steal the election. listen. >> if you count the legal votes, i easily win. if you count the illegally votes, they can try to steal the election from us. griff: meanwhile here in wilmington, they continue to ready stage as confident joe biden is urging patience, watch. >> democracy is sometimes messy and sometimes requires a little patience as well. we have no doubt that when the count is finished, senator harris and i will be declared the winners. so i ask everyone to stay calm, all the people to stay calm, the process is working. griff: and so we wait and watch. i'm just getting latest information from our atlanta producer down there saying that there's some 2500 provisional ballots in fulton and 1500 cured in another one. we will definitely be, 2, 3, 4 more hours until we have anything. with have prisonnal and military ballots we could be into the weekend trying to figure out where races stand. brian: meanwhile let's bring in geraldo rivera. geraldo, fox news correspondent at large located in ohio. geraldo, first off, of all the legal challenges, i want you to pick the one that you think has the most merit but also inform you that georgia officials are telling us there are 9,000 military ballot that is have yet to be counted for those -- and provisional and for those people who -- ainsley: that could make a huge difference. biden is only ahead 917. brian: most of the military is with the president. geraldo, out of all the legal challenges what intrigues you the most? geraldo: don't blame me, ohio did it for the president, 53 to 45. 53 to 45. this is a state where the pollsters had biden winning by 1 or 2 points in the final polls. it's emblematic. they are partisans, you know, giving wisconsin to biden by 17 points. my goodness, and it turned out to be basically a tie in wisconsin. all across the country you'll find that this was what happened. an absolute partisan voter suppression, polling industry that was in bed with joe biden and delivered teams, you know, with this very unfavorable result for the president of the united states. in terms of the lawsuits, you know, lawsuits are tough in these -- in these situations. a retail lawsuit like what they have in philadelphia where they are trying to get closer to the poll watchers, that's not meaningfully going to change the result. what you need is a lawsuit that goes against a systematic problem, a categorical problem. let's say, for instance, that a judge could find that the mail-in ballots in nevada and by extension throughout the country were unconstitutional or illegal because they violated election law, so all the mail-in ballots, why did we have mail-in ballots because of covid-19, because the governors or the state legislators but usually the governors felt that to mitigate the damage to voters, they would allow the mail-in ballots. but what if this happened? stick with me for a second. what if in philadelphia, atlanta, milwaukee, detroit and vegas they sent out all all of e mail-in ballots and the democratic establishments in those very organized urban areas, then went in and harvested those ballots. they went to this lady and that man and they said you got a mail-in ballot, didn't you? can i help you fill it out? joe biden, joe biden. that's why you're having in the big cities, they have 15,000 outstanding mail-in ballots and 15,000 come back for joe biden. if systemically that was unconstitutional or illegal, then there's a remote possibility the supreme court will ultimately take the case and maybe reverse the results but that is a long shot. we can't pretend or mislead our audience, it appears as of right this second that joe biden is in route to the 46th presidency. having said that, i lament it, it's outrageous, i'm heartbroken and sad for my friends but things look bad. brian: not yet. steve: geraldo, regarding some of the things that are provable, we are all going to have to see the proof as these cases in court. but if you look back to a decision made a week ago today in pennsylvania, you know, election laws are established by the legislature, but it was a court in pennsylvania that said you know what, even though the law says you have to have your ballot in by election day, to the people who counted, they said you know what, we are going to go ahead and ask 3 more days. that is something that could be changed and that is why in pennsylvania they're keeping all those votes over in a different pile. geraldo: it would seem to me, steve, if a vote was not cast by election day to have a judge or a legislature try to change what is the constitutional day, the first tuesday in november, is extremely difficult and maybe there's a challenge there. i'm not sure that that's what's happening in pennsylvania. i'm not sure that they are counting votes that were postmarked on the fourth of november, for example. it would seem to me that if it's postmarked after the third of november, it should not count. they could take a week or 2 weeks. steve: are they checking the postmarks? geraldo: postmark, signatures, but it has -- steve, it has to be something like that. it has to be something systematic, big, a class -- a class of voters who were either empowered or disqualified. but these little retail lawsuits to close, it's like the hanging chad stuff. it's small, it's not enough to reverse -- you have -- even in arizona where i lament that we called that election to early. it was -- to me i was shocked that fox news called it so early. i would have preferred the process to play out. but i see that the president has the margin in arizona. brian: down to 46,000, with 323,000 votes yet to be counted. geraldo: it's so -- you know what the president has done and if you look at what happened in congress where the blue wave never materialized and, indeed, the republicans can challenge nancy pelosi and almost even in the house of representatives, in the united states senate it appears as if the republicans will retain control of the united states senate. even in the worst case from a really point of view, you know, the -- the biden administration will not be able to ram through -- they will not be able to defund police or any of this stuff without any legislation because they will not get any legislation passed. it's going to be a very contentious first couple of years for the biden administration if, indeed, that is the result politically speaking, the president pulled off a miracle with his unlimited energy with his robust optimism, with that final push, if it wasn't for this damn plague, if it wasn't for the damn epidemic, they'll be no doubt that the president would easily have been reelected as it was against every challenge, all the odds, where everyone had him down like in wisconsin by 17 points. here he came, working his heart out, you know, going everywhere, 5 rallies in one day, 20,000 people, 30,000 people, every airport crammed. it's clear that the president's constituents love him. this is a very divided country and what you saw was being defined and 50/50 country and i fear for the elections for the foreseeable future are going to be like this, staying up late at night or the next day or the next week or this lawsuit or that lawsuit. but i again, i come back to the main point, you can't go to the supreme court unless you have a case -- a case that has constitutional implications. i think that, you know, i don't want to be pessimistic, but i'd rather be holding the other guy's hand right now. ainsley: think about how the folks feel that lost a loved one and business during the pandemic and they are republicans and love president trump and they are fearful of losing theway. mollie hemingway put it great, people aren't able to put trust in the election process because big -- you have big business to tell accept joe biden, big tech censoring, you have elite institutions telling us what to do and big media trying to spend the last 4 years to destroy president trump and now their credibility is destroyed. whether or not you agree, i don't know. these are the democrats, post election, they are calling it a family meeting and steve put it earlier, that ended in food fight, moderate house democrats telling the progressives on this call, you need to change your messaging because this is a failure. we do not want progressive and don't ever use the word socialism, listen to this. >> we lost numbers that we shouldn't have lost. the number one concern that people brought to me was defunding the police. we need to get back to the basics that brought us across the finish line in 2018. we need to never use the word socialist or socialism ever again. and if we are classifying tuesday as success in congressional -- excuse the profanity, that's the reality. ainsley: all right, aoc has been tweeting this morning and this is one that she says, geraldo, so the whole progressivism is bad argument, just doesn't have any compelling evidence that i've seen. when it comes to defund and socialism, people need to realize these are racial resentment attacks. you're not going to make that go away. you can make it less effective. what do you say? geraldo: i have always said that aoc whose politics i'm on the opposite side of is still an inspiration to young particularly latinas and for that historic reason i admire her but she's dead wrong about this. she with her eloquently stated positions on the far left does not represent the bulk to have democratic constituency. a part of queens, not all of queens. part of the bronx. queens and part of the bronx, you cannot speak of defunding the police when crime, people are afraid to leave their houses, raped and murdered and shootings double, you the body count, every monday you get the chicago body count, this weekend, 5, 7, 10, 12 were killed. you can't talk about defunding the police. you can't talk about green new deal. what you need to talk about and i think that what has happened here also nancy pelosi stopped the covid-19 second wave of relief checks going to people who are her constituents as well as republicans. brian: got you. geraldo: she stopped it. she we wanted to get a political victory against the president, stick it to him. i think that is the shame of the democratic party. steve: let's see if she changes her tune. she will have a press conference today at 10:45. geraldo, thank you very much, we will see you next week. geraldo: thank you. steve: democrats are demanding defense budget cuts today. general jack keane says that will threaten military and national security and you'll hear it from him next. if your dry eye symptoms keep coming back, inflammation in your eye might be to blame. 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. for members like martin. an air force veteran made of doing what's right, not what's easy. so when a hailstorm hit, usaa reached out before he could even inspect the damage. that's how you do it right. usaa insurance is made just the way martin's family needs it with hassle-free claims, he got paid before his neighbor even got started. because doing right by our members, that's what's right. usaa. what you're made of, we're made for. ♪ usaa your happy place. we're made for. find your breaking point. then break it. every emergen-c gives you a potent blend of nutrients so you can emerge your best with emergen-c. brian: far-left democrats renewing their push to make defense budgets next year. their demands for 10% cut across the board could result 74 billion-dollar loss to the pentagon. can we afford that, can we? let's bring in fox news strategic analyst general jack keane, would that matter 74 billion? jack: oh, my, yes it would. what we are in defense recovery period very much like what happened after the vietnam war and the military was hallowed out and president reagan came in and he began defense recovery period then and that's what this is. we are building up the military to dig us out of the deep hole. if we, in turn, cut the defense budget as dramatic as a 10% cut would mean, that would be about 70 plus billion dollars as you cited every single year for the next 4 to 5 years, that would be devastating. that hallows out the military and halts the recovery and encourages our adversaries to take some risks, brian, and exploit the situation. it would be recipe for disaster. now some good news here. this 10% cut was advocated by the congressional defense reduction caucus. even the fact that something like that exists should be warning to us but the house armed services committee, a democrat, pushed back on it and obviously the republicans in the senate pushed back on it as well. brian: absolutely. we have a list of everything that we spend it on, the impact would be reducing all sizes and capabilities of the defense, would end defense recovery, encourage adversaries like china, like russia, like iran to think we will be vulnerable under a democratic administration which would be problematic. you have an idea if joe biden is elected might be defense secretary? >> well, i think the leading candidate is michelle who worked in the defense department in the obama mechanics -- administration as number 3 person and worked for secretary gates initially. highly-respected politically on both sides of the aisle and military as well. to be quite frank about it, i knew a lot about at the time recommendation that is were going forward to how to deal with afghanistan and iraq because i was somewhat involved as adviser to that and -- and michelle agreed just about every time with our commanders. brian: right. jack: they were opposed by national security staffers that worked for obama. if she's the leading candidate, we don't know if that's what they are going to do. certainly she's out there and she's very qualified. brian: general two more quick topics, vladimir putin suffering from parkinson's, rumors he's on pain killers and getting pressure from his family to step down next year and there's been pushback from daily mail and officials in russia, but they still told us he has a cold and he will be fine. what do you hear? jack: i don't know. i take it that the kremlin, you can't trust the kremlin in terms of what they say. so this is a developing story to be sure. listen, i had a 14-year association with the disease and my late wife had the disease and succumb to it. there's different levels and different symptoms and some people can work with it and others cannot because of the severity because of impact in their lives. brian: let's move onto something else. you find this fascinating and i find it reassuring, the u.s. cyber command operations operated an offensive hit on iran to make sure they did not interfere in our election and you think it's especially noteworthy that general came out and announced this, why? jack: yeah, well, who is he? he's national director of nsa, commander general of cyber command which was formed to protect the united states and also to conduct offensive cyber operations. this is the most secret of our secret agencies and the fact that he's out on election day talking about actions that they took, these are offensive cyber actions taken against the iranians who were trying to undermine our elections largely through the use of emails and disinformation and without getting into any details because they didn't provide them but we can speculate without accuracy we attacked them with cyber and the president admitted this year in washington post that during 2018 elections when the russians were trying to undermine our elections, we conducted an offensive cyber-attack that was very successful. nagazoni admitted that he saw what they were doing and they dealt with it. brian: wow. jack: i think this is significant. this president has authorized our cyber command with new authorities to conduct offensive operations using cyber capability in a way that we have not done before and it's time that we finally got around to fighting back. brian: and we did. and the president did take it serious. general jack keane, always great to see you, thanks so much. jack: great to talk to you, brian. have a good weekend. brian: meanwhile it wasn't a blue wave like many of the left and many had hoped. mollie hemingway on why they don't understand half of at least of america. - [announcer] meet the ninja foodi air fry oven. make family-sized meals fast. and because it's a ninja foodi, it can do things no other oven can, like flip away. the ninja foodi air fry oven, the oven that crisps and flips away. human history also destroyed the lives of thousands of jewish survivors still suffering today. god calls on people who believe in him to act on his word. "comfort ye, comfort my people." especially during this holiday season of hanukkah. when i come here and i sit with lilia i realize what she needs right now is food. these elderly jews are weak and they're sick. they're living on $2 a day this now, is how god's children are living. take this time to send a survival food box to these forgotten jews. the international fellowship of christians and jews urgently need your gift of $25 now to help provide one survival food box with all of the essentials they critically need for their diet for one month. your special holiday gift will provide everything they need to celebrate the miracle of hanukkah. this is the first time in over 70 years that she has anything to do with faith. the communists came and wiped it out. and now we're coming to her and saying, "it's okay to have faith." it's okay to light the hanukkah candles. for just $25, you can help supply the essential foods they desperately need for one month. i just want to encourage all of you to join with yael eckstein and the wonderful work of the international fellowship of christians and jews. god tells us to take care of them, to feed the hungry. and i pray holocaust survivors will be given the basic needs that they so desperately pray for to survive. ainsley: 2020 race to be tighter than expected with record high turnout but one coast of the view has this to say to more than 69 million americans that voted for president trump. >> he is a misogynist and homophobic and mismanaged coronavirus and 50% of america saw all of that and looked the other way and said i'm going to vote for him any way and that is really disheartening because for me that means that you are selfish. ainsley: here to react senior editor of the federalist and fox news contributor mollie hemingway. good morning, mollie. mollie: how are you doing? ainsley: i'm great, why do you think they looked the other way and go to the polls and voted for donald trump? mollie: whats with happened for the last 5 years is that we've had major media basically lie about donald trump and his supporters and at this points the undeniable and has been for many years that these are intentional lies told about donald trump and his supporters and refusal to even try to come to terms with why so many people would support the most successful republican president since ronald reagan. that's -- that is actually based a little bit in his personality. it's based a lot on his policies. these voters and by the way, the voters include unprecedented numbers in percentages from groups that are historically quite hostile to republicans, groups like black people, hispanic people, native americans. the reason why people like these -- the reason people voted for him because they like the policies, they like conservative populism, they like reorienting our foreign policy. and this is something that people like sunny, almost everybody throughout media have refused to think about, instead lie about the successes of this republican president, to hide all of the problems with other candidates, to rig polls for months leading up to election so that it sets a narrative that nobody could possibly like donald trump in wisconsin. you remember, for instance, one poll donald trump would lose wisconsin. most recent poll from the washington post would lose wisconsin by 17 points. that is a race that's down to within 1%. these are intentional manipulations to have narrative. this is not anything based in reality and it's really disappointing to see people like sunny continuing in these false claims even at this point when more than 69 million americans have shown their support for president trump after witnessing his 4 years as president. ainsley: you know, for her to call everyone selfish who voted for president trump, sarah chimed in, isn't what vote is all about, you vote for someone who will do better for you and your family. but republican friends of yours, of mine who voted for president trump would say they voted for him because they do like his policies like you said and this is a referendum on progressivism, it's not selfish, they say they love this country so much they don't want to see it going in that direction. mollie: right, this idea that it's selfish i think actually further misunderstands a lot of what the special relationship is between president trump and his supporters. in president trump, people saw for many people the first time what it is like to have a politician care about you. we definitely had politicians who cared about big business or, you know, very powerful and elite friends. it has been a long time since americans felt that their politician really cared about them and their economic well-being and didn't just care about it, but provided results that showed what it's like to have a politician who cares about the middle class and wage growth and economic growth not for big businesses but for people throughout the country. ainsley: mollie, thank you so much. have a great weekend. october job's report just released. 638,000 jobs added last month. unemployment down 6.9%. stuart varney is going to react next. powerful relief so you can restore and recover. theraflu hot beats cold. brian: fox news alert, october job report released, ainsley. >> 638,000 jobs added last month. more than the 600 expected. steve: down from 7.9% in september. let's bring in stuart varney host of varney & company on fox business. stuart, there's good news in there because we are digging ourselves out of that hole caused by the pandemic. i think at this point we are two-thirds of the way out of the hole. stuart: well, you can put that number anywhere you like, but this is a very strong report. let me draw your attention to that 6.9% unemployment rate. that means that is half the unemployment rate that we saw in april. it was 14.7 in april, it's 6.9% now. that's a very strong comeback and 638,000 new jobs reported, well, add onto that, the 15,000 extra jobs were just counted for august in september. it's a very strong report. unfortunately it lacks political significance because the numbers come after the election. had they come before the election, maybe it would have given president trump an extra shot in the arm. they came afterwards. steve: the president got the big 33% gdp, the big number last week but that really didn't help him. stuart: that's true, you to point out this is definitely a v-shaped recovery. no doubt about it. we went straight down because of the virus and the shutdown, we've got straight back up again now that we are emerging from the lockdown. by the way, steve, ainsley and, brian, i think the numbers today could have been even stronger had it not been for the lockdown restrictions that we are seeing in the big population states of california and new york. we are doing very well on the economy. ainsley: yeah, some people predicted that would end after the election? stuart: what would end, the lockdowns i would like to see the economy open up and i think that's what we will see as the months go forward. brian: pandemic as over a hundred thousand infections a day. this is serious stuff and we have to learn with it. i don't think europe has the answer shutting down all major countries for at least a month, unbelievable. stuart: may i just point out, when you lock down, you're not counting the social cost of all those people cast out of work, kept in maybe nasty situation at home because they can't leave the house, we are not counting that cost and we should, we should. brian: the jobs that will never come back. look at this, wall street euphoria, they think, there's a lot of theyies because -- theories because a the blue wave will not happen if republicans do not hold the senate. without the blue wave wall street loves it, is that what the rise in the dow jones is about? stuart: absolutely, that's precisely what it is about. we now know and pretty sure that the republicans would keep control of the senate, no big tax increase on businesses and no green new deal. wall street wants that. they don't want socialism and when socialism was vanished in the election and it really was, you have a nice rally. look at 401k this morning, you have done very well this past week and extremely well since president trump came to power 4 years ago. if you have a 401k let's say a hundred thousand bucks four years, it's worth 140,000 or 150,000 as of today and you should be happy because the senate stays republican. we may get a stimulus package before the end of the year, so says mitch mcconnell, and the federal reserve will keep on printing dollars like there's no tomorrow. the market is up. steve: you know, that's a sad commentary, stuart, what you just said because, you know, we send people to washington to get stuff done, but if -- if wall street is euphoric because they'll be a democratic president but a republican senate to keep them in check, essentially you're saying gridlock is good for the economy. >> that is precisely true. historically that's being true of wall street, okay. i'm not talking about the impact on everyday americans. i'm talking about the impact on wall street. but one thing that you have to remember here, there's 100 million americans who are investors, they've got a piece of the wall street action through their 401k's, their ira's, college savings, all of those savings in stock usually, they've done extremely well. 100 million americans have a great deal more pension security because of what donald trump did for this stock market. ainsley: i understand why when you give the numbers to make 40 or $50,000 in matter of 4 years. stuart: that's an average. at the minimum 30,000 on a 100 grand. brian: what are you going to have 3 more hours when you go on your show? i feel bad for the varney & company fans. ainsley: you can watch varney & company at the top of the hour on fox business. thank you so much, stuart. brian: stand back, i will toss the janice. stand back. janice: i'm here. hi, happy friday. brian: nice to see you. janice: i'm so glad -- nice to see you too. it's been a beautiful week for much of the country but i have to tell you as we go into the weekend, the tropics are busy and florida might see impact from a tropical system. the gulf coast needs to watch this as well. this is ada, ada was one of our strongest hurricanes that made landfall across nicaragua this week as cat 4, almost category 5, it's weakened but has gone back to warm waters in the caribbean and cross over cuba and florida and the gulf coast and the southeast need to monitor this system as we get into the weekend, as you can see that's the national hurricane track, the red there but then we've got all of the squiggly lines because there's a lot of uncertainty as we go 4 to 5 days out. but the bottom line is, if you live in florida regardless of whether this has an impact, we will see heavy rain as we get into the weekend and early next week especially for south florida and in the gulf coast, again, needs to monitor this. it is november but the season isn't over officially until november 30th and then we are also watching a big pattern change across the west bringing much needed moisture for southern california and towards the desert southwest on the weekend and into early next week. not only moisture but very heavy snow across the mountains. here is your forecast today for much of the country. very warm in some cases 40-degrees above average. so enjoy it. look at that, 75 in chicago, 71 in michigan and 78 in new york with mostly sunny skies, good start to the weekend and we will certainly keep you up to date on ada this weekend. happy friday. ainsley, steve and brian, back to you. steve: straight ahead one new york times columnist stun bid the growing number of minorities who voted for president trump is now blaming white patriotarchy, easy for me to say. [laughter] steve: coming up next sandra: good morning 3 days after election day, updates, georgia, north carolina, pennsylvania coming up. press conference in georgia happening in 10:00 a.m. hour this morning. we will have that for you live plus nancy pelosi holding her first weekly news conference since election day. we will watch for that. when could this race finally be called, that's the question, yroy york, chris wallace, join trace and me as we take you live from america's newsroom top at the hour. ♪ ♪ steve: welcome back, one columnist taking issue with minority voters who backed president trump in the election. the exit polling, charles blow, the writer wrote some people who have been oppressed will stand with oppressors and aspire by proximity. somebody who is not in the proximity and way out in the west coast larry elder. good morning to you, larry. larry: good morning, steve, how are you? steve: i'm doing okay. when you look at the number of people who voted for donald trump and according to fox news voter analysis, president trump got 25% of the nonwhite vote. he also got, i believe, 35% of latino vote which was up from 28% four years ago, how do you explain that? [laughter] larry: i assume he's talking about the republican party and republican party leadership. i met mitch mcconnell. as far as i know mitch mcconnell never owned slave and doesn't have a kkk office. i met kevin mccarthy. kevin mccarthy is not a slave owner and never owned any slaves, we talked abempowerment and choice for urban america. the idea today in 2020 black people are oppressed is absolutely phone sense, racism has never become a more insignificant factor than today. in 2007 before barack obama became president he gave a speech on the anniversary of bloody selma, the incident in bridge. mlk generation has gotten us 90% of the way there. my generation, he said referring to himself as the joshua generation has to get us the 10% of the way there which i thought was reasonable. that was before he got elected let alone reelected president. i'm thinking 10% has been cut just a little bit. in the 50's were asked would you vote for a black president, they said, hell no, fast-forward obama gets elected and gets greater percentage than predecessor 4 years ago and donald trump got smaller percentage of the white vote than mitt romney 4 years ago. the city who voted for donald trump, abilene, texas. abilene texas voted for first black mayor, so if donald trump was sending a dog whistle to his racist supporters apparently they weren't listening. the brookings institutions a left-wing think tank, steve, you need to do 3 things to escape poverty, finish high school, don't have a kid until you get married and get a job. if you look up the work angry in the dictionrary you -- dictionary, you will find him in the dictionary. steve: if you're looking at the score for the presidency of the united states, you will see that in the last couple of minutes while he had been way ahead for a long time, donald trump is now trailing joe biden in the keystone state of pennsylvania. mr. biden has a 5500 point lead as they continue the count and still more to go and as you have noticed throughout our telecast this morning also in the state of georgia, joe biden now has about a thousand point lead as well. ainsley: this also, i'm reading president trump cannot be reelected if he doesn't win pennsylvania 20 electoral votes no matter how many other states he wins. brian: you have a couple of things. if you look at votes, 264, we have arizona, we and ap have arizona in the list. 264, if you add the 20 from pennsylvania, you add the 16 if he holds onto georgia, he's over 300 electoral votes. obviously he only needs 300. that would make null and void the interest in nevada as well as arizona to a degree and what arizona brings to the table and arizona, the president trails 1.5 there. this is significant. keep in mind when it comes to georgia as we announced earlier, part of the ballot collecting 9,000 military ballots that have not been counted yet. they came overseas, some have but the military have not and it's conventional wisdom most polls reveal that he gets most of those votes and that affects georgia. steve: keep in mind, all the numbers that we have on the right-side of the screen that is just the votes so far. the states have not declared them the winners and neither has fox news. in the meantime, you can see why last night in the 6:00 o'clock -- 7:00 o'clock hour that's why the president of the united states went to the briefing room and essentially said, you've got to stop the counting because he, you know, he saw how his lead was dwindling and so he said for a variety of reasons, the president said, stop the counting because of voter fraud and lawsuits. did not provide any information into that but what we do know is, for instance, in pennsylvania, in philadelphia where mr. biden now has a 5600-point lead, his monitors were upset that they were kept so far away from the actual vote counting. remember back in florida in 2000, you had at each table you had the person from the board of election supervisors looking at the votes and then showed it to the republicans, showed it to the democrats and they all signed off on it. this case in pennsylvania this year all of the monitors are kept at a great distance and they were complaining. a judge yesterday said why don't you guys work this out and come up with something and they came to a compromise that they can be 6 feet away and as pam bondi as one of the monitors, we are 6 feet away from the action but the real action is the voting machines and the tabulators and they are in the back of the room and we can't see those, ainsley. ainsley: another win in the president in the courts, the judge said that some of the ballots that were lacking voter id information, they must be set aside in the state of pennsylvania, but, look, this is still close to call, we we wanted to break in and let you know the number is updated and joe biden in the lead in pennsylvania. look at the number to the left of you, the georgia number, brian, plus 918 for biden. but when those military votes come in and they're counted, 9,000 votes, that can make a big difference for -- for president trump and that state. brian: republicans won in one state to count the vote and in other states not to and there's a difference. in nevada in particular, the president is saying, wait a second, you the mail-in votes and we need to examine where they come outside and if they are from dead people. when it comes to stopping the counting the votes not just the deficit shrinking but the supreme court in 4-4 decision kicked it back to lower court that does not enforce the postmarks that the ballots arrived on election day. he said there should be some type of way to check on this to make sure that they're counted because in life votes count but so do deadlines and so he just thinks november 3rd is pretty much agreed upon deadline and even though pennsylvania is changing the rules doesn't mean it's acceptable. on the other side when it comes to arizona, they are down to 46,000, if it becomes a thing and georgia goes back into his column, they are down to 46,000 difference as mcsally also closes in as they begin to count the remaining 325,000 ballots that are left to be counted and 225,000 in the maricopa county. steve: a couple of hours ago the president tweeted out that -- this tweet is censored by tweeter because of allegations of illegal voting, the u.s. supreme court should decide and flagged by twitter. the president had leads in all 4 of those states, now only has a lead in one of them, don't be surprised if there is some sort of movement on behalf of one of the states in the next hour or two to try to declare a winner to have presidency. of course, our decision is take august look at all of the information and they'll weigh in when it's appropriate. ainsley: is there a chance that we could know -- we could have a decision today? steve: absolutely. brian: legal challenges. i'm sure the administration will push back on but it's been one of those days. election day from tuesday that has really not subsided in terms of drama and pushback and a lot of interest here. ainsley: can i quick i will say happy birthday to my 5-year-old. today is her birthday. happy birthday.