The fight next. Griff and the pandemic rules forces the broncos deep into the bench as the league shuts down facilities today. Jillian Fox Friends First starts right now. Cant hurt me now. Cant feel the pain. Jillian a live look at capitol hill there. If youre just waking up, its time to wake up the food coma. Its monday morning. How was your weekend . Griff it was great. I love that shot of d. C. Ive been here since 1993. I never stop being inspired. How was your weekend, carley . Carley very good. Im carley shimkus, in for jillian mele. Griff im griff jenkins, in for todd piro. President trump says the fbi and doj are missing in action in responding to alleged voter fraud. He promises his legal team will continue to fight in an exclusion itch intervieexclusivh Maria Bartiromo. Im going to use 125 of my energy. Ive got the best Supreme Court advocates, lawyers, that want to argue the case if it gets there. But they said its very hard to get a case up there. We have tremendous we have hundreds and hundreds of affidavits. Carley the former director of the Cyber Security sounding off on how it was a Fair Election. The proof is in the l ballots. The recounts are consistent with the initial count and to me, thats further evidence. , thatsconfirmation that thes used in the 2020 election performed as expected and the American People should have 100 confidence in their vote. Griff but President Trump weighing in on twitter saying that 60 minutes, quote, never asked us for a comment about their ridiculous onesided story on Election Security which is an international joke. Adding the 2020 election was, quote, probably our least secure ever. As the battle over Election Fraud heats up, republican congressman matt gates seas the president faces a tough legal fight because the legal ballots are mixed in with the rest of them. The main legal problem for the trump people is that illegal ballots are comingled with larger universes of ballots. You can prove there is fraud as to some ballots but if the fraudulent ballots are mixed into a larger pool its difficult to obtain remedies from the courts to exclude the entire pool of polluted ballots. Griff the president says he hopes there is a path to victory. Maria joins us on the exclusive interview with President Trump next hour. Carley tonight, president elect joe biden is set to receive his first intelligence briefing. Picks include Kate Bettingfield as communications director, jen socky as press secretary, Senior AdvisorSimone Sanders as chief spokeswoman for Kamala Harris and campaign ad all of this comes as joe biden fractured his foot while playing with his dog. He was seen leaving his xray appointment sunday evening. Doctors say he will likely require a walking boot for several weeks. President trump tweeting, quote, get well soon. Assume you are infected, that warning coming from Top Health Experts as millions of americans traveled home for thanksgiving. Griff this as coronavirus hospitalizations hit a new high in the u. S. Ashley strohmier joins us live as doctors say the worst is yet to come. Good morning, ashley. Reporter good morning. That warning coming from dr. Anthony fauci following a weekend of travel for millions of americans for the thanksgiving holiday. We may see a surge upon a surge. We dont want to frighten people but thats just the reality. We said that these things would happen as we got into the cold weather and as we began traveling and theyve happened. Its going to happen again. Reporter Top Health Officials warning americans seemingly saying were on the cusp of what could be one of the deadliest winters. Listen. If your family traveled, you have to assume that you are exposed and you became infected and you really need to get tested in the next week. Reporter birx recommending for those families who traveled to wear a mask indoors to lower the chance of spreading the virus to the most vulnerable. With christmas and new years right around the corner, they say to expect more restrictions. Were going to have to make decisions as a nation, state, city and family, were going to have to do the kinds of restrictions of things we would like to have done, particularly in this holiday season, because were entering into whats really a precarious situation. Reporter and in the meantime, pfizer and moderna are days away from a possible vaccine approval. The first batch of vaccines landed in chicago over the weekend, despite positive results, dr. Fauci says it will be months before School Age Kids can get the green light for vaccinations. The nations Largest School district is reopening, new york citys mayor, bill de blasio, changing course weeks after shutting schools down. A lot of parents weve heard your voice, loud and clear, you want schools back open. Were going to ask everyone to be a part of that, everyone to participate, to make it work. Reporter preschool and Elementary Schools will be the first to reopen, followed by district 75 schools. Students and parents must sign testing consent forms and 20 of students and staff will be randomly tested each week. Still ahead, dr. Jeanette nesheiwat will join us to weigh in on the latest coronavirus numbers and vaccine development. On tuesday, the cdc will meet to determine who gets the vaccination first. Back to you. Carley very important stuff coming down the pipeline, thank you. Griff new jersey governor, phil murphy, refusing to rule out a second statewide shutdown to stop covid19. Im not id say possible, but it has to stay on the table. I dont anticipate it. I sure as heck dont want to go that route, god willing we dont have to. Griff he admits theres a lot of fatigue with the virus. His comments came hours after demonstrators gathered outside his home to protest his restrictions. New jersey has reported 329,000 cases and nearly 17,000 deaths. Carley meantime, arkansas governor, republican Asa Hutchinson says he is doing all he can to avoid a shutdown in his state while still implementing some measures to stop the spread. Listen. Thats the last thing that we want to do and particularly shutting down a business that has worked hard for the last eight months to comply with every Public Health directive, that to me is just fundamentally wrong to say youre out of business now and your workers are unemployed, particularly whenever theres not any cares act relief package anymore. We want to be smart about it and so we did put 11 00 p. M. Curfew on bars and restaurants, trying to break up the late night crowds. But at the same time, we dont want to overly restrict our businesses that are doing a good job out there, because that just makes the problem worse. Carley in california, a new stay at home order takes effect today in la county where San Francisco moved its most restrictive purple tier, forces gyms and churches to move outside and limiting capacity in retail stores. Griff a violent weekend in chicago leaves nine dead amid 37 people shot, a 14yearold boy is among the victims. He is said to be in fair condition. Police data shows 53 increase in shootings and killings compared to this time last year. And a suspect is arrested after a nearly nine hour long standoff with police and s. W. A. T. Teams an officer and two others were shot in minnesota, just south of minneapolis. Police say the suspect sustained injuries while randomly firing a high powered rifle from inside an apartment complex. 130 residents had to be evacuated while others were told to shelter in place. The injured officer was released from the hospital. Carley georgias runoff races are ramping up. Republican senator Kelly Loeffler explains whats at stake if democrats win. They would fundamentally and radically change america for the worse. We are not going to let that happen. We are the firewall to socialism, to stopping socialism in america, right here in georgia and were going to do that. Carley Democrat John ossoff claims a republican led senate will block efforts for the Biden Administration. We all know whats going to happen if mcconnell holds the senate. He will try to do to biden and harris, just like he tried to do to president obama. It will be paralysis, partisan trench warfare. Carley ossoff will take on purdue while loeffler faces off against raphael warnock. Meantime, the march for trump bus tour kicks off in florida, starting two weeks of rallies you across battleground states held by the president s supporters who say theyre demanding election integrity. Carley the tour will visit a total of 18 states with two rallies in georgia and South Carolina today. It is set to end december 12th in washington, d. C. How about that. Griff well be following that. Still ahead, President Trump ripping the russia probe, suggesting a new tactic to get to the bottom of it. Its an embarrassment to our country. All over the world theyre talking about it. And yeah, i would consider a special prosecutor. Carley so what could a special prosecutor do and what consequences could people like comey and mccabe face . Well ask constitutional law expert, mark smith, next. Were not allowed to put in our proof. They say you dont have standing. I would like to file one nice, big, beautiful lawsuit, with tremendous proof. We have hundreds and hundreds of affidavits. As president of the United States, i dont have standing. What kind of a court system is this . Carley President Trump slamming the courts as his legal team vows to appeal their failed legal challenges, all the way to the Supreme Court. Griff joining us to react, constitutional law expert, mark smith. Mark, thanks for getting up early on a monday with us. Lets dive right in to the president s criticisms about the courts. It appears that while there are no shortage of allegations and affidavits that the Trump Legal Team has at their disposal, they have yet to turn it into actual admissible evidence, hence the court cases are not going in their direction. You know, its actually interesting that i think the courts have been a little unfair to the president s legal team in the following sense. If you think about it for the moment, the legal attacks by the president are on these county and state officials and on these processes at the local level. Who has the evidence if something went wrong or something wasnt counted properly or of accounted for . The people or the systems that have this evidence that the president needs are the same people that he is suing. So its a little unfair really for these courts to say to President Trump, you need to have all this evidence when the reality is that the people with the evidence is not donald trump, its the people he is suing. So it seems to be the proper approach for the courts is to really order the defendants, the county election officials, the state h election officials, thid Party Vendors that may have been involved with the elections, they should be required to turn over relevant evidence to President Trump. Right now, the courts are saying to donald trump, look, you have to prove all this, you have to put on all this evidence and prove all this stuff rapidly, and yet at the same time a lot of the evidence you need is not in your control, its in the control of the people youre suing so its been a little bit unfair to the president i think in this regard. Carley you know, President Trump is alleging individual cases of voter fraud like dead people voting, hes also saying that republican poll watchers werent able to properly watch the vote count. Hes also saying that some election workers cured or fixed democrat votes but didnt do the same thing for republicans and then hes got the allegations on dominion as well. These are all individual cases. But now hes saying that he wants to form one big, giant lawsuit. Is that something that he can do and would that be a benefit to him . Well, it probably would not be helpful because the reality is that every state sends electors to the Electoral College on december 14th. You really have to go state by state to prove your case if you think something was wrong because remember, the state laws and rules that govern how an election is run, lets say in georgia, are different rules than those that would run the same election in, like, wisconsin. So its really not possible of to sue over all these different states, all at once, because again, the rules of the road are different from state to state. So thats why the president really has to go state to state to state and prove his case in each of these relevant states and, again, he should be allowed to do so and, again, he has to go fast. Griff before we run out of time i want to quickly ask you, the president also in the interview with maria floating the idea of a special prosecutor in addition to durham to probe the origins of the russia investigation. What do you make of that . Im guessing if joe biden is ultimately declared the president , on december 14th, it will be very difficult for the attorney general to appoint a special prosecutor to investigate the incoming administration. I think that would be legally difficult. Doesnt mean it cant be tried. At the end of the day its about a conflict of interest and if joe biden maybe you could look to a special counsel but at that point President Trump would be out of office. Carley the clock aappears to be ticking on a variety of fronts and you made that point very clear and very well said. Thank you for joining us. We appreciate it. Griff thank you, mark. Thank you. Carley still ahead, a new york city pub declares itself an autonomous zone to stay open of. They join us live with their message to city leaders next. To anyone thinks were doing it because we want to make money, there is right and wrong, and what is happening is wrong. Its down to the wire, the teams been working around the clock. Weve had to rethink our whole approach. Were going to give togetherness. Logistically, its been a nightmare. Im not sure its going to work. Itll work. I didnt know you were listening. Carley good morning. Welcome back. A Staten Island pub in a coronavirus hot spot declares its own autonomous zone as a final resort to save their business. The state slapped max public house with fines and suspended their Liquor License but coowners keith and dan say they are not backing down and they join me live now. Good morning, guys. Good morning. Good morning. Carley so you have declared your own autonomous zone, taking a page out of seattles playbook. You say you are not shutting your doors. Why are you doing this . Weve had a really tough time throughout all of this. In the beginning, with the first shutdowns in march, we did everything to make it work. We couldnt afford to have anybody in here. We adapted to just takeout and delivery. We pumped as much food as we could in and out of the kitchen with just us. And did every single regulation that they asked us to do, you adapted as much as we could, and this point our backs are completely against the wall. There was nothing left. Carley okay. So your bar is in what is considered an orange zone which means no indoor dining, takeout, delivery and limited outdoor dining. Youve been hit with a lot of fines. Your Liquor License was also taken away. How are you dealing with that . Our kind of motto right now is business as usual. Because we feel as though we understand the virus is happening and its a real thing, but we do know how to operate our business in a safe manner and we just cant close again. Theres no other option. And we feel as if theres other businesses that are allowed to stay open and they have a ton of people Walking Around these places and why should we not be allowed to operate in a safe manner . And at this point we cant close down. Carley yeah, you know, keith, i know a lot of people think you guys are doing the right thing, that everybody has a right to be able to make a living and do it in a safe way. But then there are critics who would say that everybody also those play by the rules and were all in this together and we all have to keep each other safe and look out for each other, from a health standpoint. So what would you say to those critics . Well, you say to those critics then why is everybody allowed to cram themselves into a target or a best buy or into the mall or any other large company, Big Corporation companies, and theyre there running shoulder to shoulder with each other and everything like that, but my establishment all of a sudden is somehow seems to be the only place that somebody is able to contact corona . As if like we dont know how it is to put Safety Measures in there so everybody can end up being safe . And basically the rules that they have put in place are unconstitutional. For months, the whole entire food and Beverage Industry wanted to work with the government to end up helping them, were the professionals when it comes to this that we could have worked with them, hand in hand, to end up finding a better solution than just being lazy and saying this side of the block you cant hope open and that side of the block you can open. Carley also of, keith, i want to ask you how you business has been. Do you think you guys will be able to weather this storm . Right now, i really dont know. Its very scary still. With them taking suspending the Liquor License and the health depart