his seat in north carolina makes it out closer to done deal with everyone watching the georgia runoff breezes that will determine the outlook for the united states senate. if the republicans can hang on to both seats, there is no debate. they've got it. if they split, yeah, they still have it. i know it's a couple of variables and issues that we have to consider here. and spend a nolan dressing election year, hasn't it? the latest on what this means right now. >> good afternoon. north carolina knows for sure who is going to be representing them in the senate for the next 50 years. thom tillis declared himself the winner in charlotte. since then, the democrat in this race, cal cunningham was holding out hope that some of these absentee and provisional ballots that were still needing to be counted may give him enough of an edge to keep him in this ra race. ever since tuesday night, we'd seen him leading by 97,000 votes or so. those numbers not changing all that much. there was every day they went by less and less of a chance that cunningham was going to be able to unseat thom tillis in this. there was a tremendous amount of runny spent on this race. both parties putting a lot of time and energy into north carolina. he was only in his first term right now. first term back in 2014 less than 50,000 votes. they certainly saw someone that was vulnerable. cunningham faced a real scandal in the final weeks of his campaign after he admitted to having an inappropriate relationship outside of his marriage. it is unclear how much that may have impacted the final vote. spoke to one woman in charlotte and said i could kill cal cunningham because she feels like he jeopardized his own chances and its rates. they can flip either way likely trying to find issues and find a way to work with a democratic governor here as well as what is going to be happening in washington. it thom tillis, very thankful to be spending another six years in d.c. the republicans were frustrated that this race still had not been called. they had been waiting and waiting for the state board of elections to release these new numbers on the individual counties on the ground here. they also tell us, i just got done speaking to the chairman of the g.o.p. party here. their next stop is georgia. they're gonna be sending volunteers from on the ground here in north carolina just a few miles down the road to another battleground state ahead of the senate contest races early. a lot of republicans are happy to see tom timmons will remain in north carolina for their senate seat. it is unclear what he will do next. >> neil: thank you very much. right now on how this changes things are may be reinforces things as we know. january 5th is looking like a more crucial day than ever. >> this is why joe biden was saying that he wants to get to a tie in the united states senate. that's why those two george's seats and those runoffs on january 5th are so crucial. he could have vice president elect harris break ties in the senate. this is why senate republicans are sticking so close to president trump. they are allowing him to contest races here sticking close to him because they know that that energizes their base going into georgia. here's the senate majority leader mitch mcconnell. >> i think we ought to quit all the hand-wringing and not act like this is extraordinary. >> chuck schumer and says are risking credibility. >> every day that goes by without the republican party acknowledging and accepting the results of the election is another day americans our democracy declines. >> it's hard for the president to prevail. they relays that the president's power eventually evaporates. >> the closer he gets to the exit, the closer we get to january 20th, the more it is going to wane. >> this is why georgia is so important. republicans are using the popularity of the president. he got 71 million votes. he helped republican candidates. that's why they are using him to help stoke the embers here with this election recount here. they believe that that helps them in georgia. >> neil: in georgia, david perdue is in and out of that 50% mark that would indicate, you know, a recount. but if you don't have that, he slips over to 50% purity you don't have to have another election. it would come down to just senator locklear's election. >> that's right. >> this is a very important point. she is fulfilling the unexpired term of johnny isakson. her term will continue whether or not there is a winner declared on fifth. david preview, his term expires at 11:59:59:00 a.m. on january 3rd. that's it is vacant. you beat out at least by one seat total in the united states senate for the first few days of the 170 in congress. >> neil: isn't the issue with the republican argument took out the votes. they took it to another level to say, what we've got now is reagan fraudulent. isn't that what is causing all the discord? not that we are counting but they prejudge the states. >> that is what chuck schumer is talking about. that is why there is some risk for republicans going into this. from georgia, they elected a house member representative elect who is associated herself with qanon. there's a risk at some point whether republicans are going down a wrong road here there's questions about credibility. if they continue to fight that battle where there is no way that they can possibly win. that is a danger for republica republicans. it does get out voters in georgia. they have to do that. vice president mike pence is going to go down a campaign. that's why joe biden is talking about this. if joe biden in fact takes office on the 20th of january, people are going to go back and say, how did he help or hurt in those races in january? in some respects, that's the first referendum in both of those contests on the presiden presidency. >> neil: that's very interesting and very true. i didn't think of that. keeping track of these developments. in atlanta right now with those runoff elections. maybe jonathan just won in the end and play. what are you hearing? >> there's a lot of money going to these races. republicans and democrats spend about $200 million on these senate races going into the general election. they are expected to even top that it going the january 5th runoff. what he was saying about rallying the base by questioning the integrity of the election, that really is coming into play here in georgia. george's two republican senators have closely allied themselves with president trump. without providing details or approve, they are raising questions about the integrity of the georgia election, even calling on the states tops election official to resign. >> they know that they have to keep just faithful and motivated into the lead up to this runoff election. it's going to be all about turnout. they made a calculation that this is the best way to do it. >> challenging senators on largely national issues such as the affordable care act. democratic party organizers believe liberal voters will stay motivated because of joe biden's strong performance in this one south of. >> it is hard to believe in a new south orating now south when every single election you come just as close. lucy and the football. this time, we've made a field goal. >> raised $9.8 million online. just since friday. it will be split between her organization and the two democratic senate races in this state. just an indication of how much interest there is in these highly competitive runoffs in the state of georgia. >> neil: you know, they talk about fraud and things that were rigged in all this. but how can now advocating the republican secretary of state you know, resign? are they claiming that he allowed this to happen? or they oversaw it? or was just a close vote and this is where we stand? the race for president is determined there, -- >> these two senators in their joint statement, the use terms like failure and lack of transparency. but they really didn't offer any details. as far as the integrity of the election, the secretary of state's office says that as with any election, they are likely to find that there are a handful of people who were allowed to vote who shouldn't have voted or people who may not have been qualified to be registered to vote. they say that they will investigate any claim of wrongdoing in this election, but when it comes to this year numbers of any illegal ballots, they say the chances of those numbers being great enough to make a difference in the outcome of election is highly unlikely. >> neil: all right, thank you very, very much. this was perfect timing that wall street wanted to see. it's going to be joe biden assuming office on cherry 2020 if they hold as they are right now. the one for the markets is the notion that the senate would remain a republican control. at that looks likely, so be it. that's why continuing promising news on the vaccine front that carried over today. charles payne is with us. charles, to you first on this. this street is counting on the senate staying in republican hands, right? they out the possibility if they go 0-2 in georgia. then what? >> the first thing that you would be looking at is the trump tax cuts being vulnerable. if you look at all the things that joe biden has on his agenda, the one that he needs or the lowest hanging fruit would be repealing those tax cuts. we need 51 votes in the senate to do it. of course in congress. there are some other things that a lot of the other parts of his agenda. he would need 60 votes to do it including additional stimulus, expanding obamacare, medicare access that you might want to take new carbon taxes, abolishing private prisons, infrastructure. 2-year for college, raising the national minimum wage. there's a lot on his agenda that will be tough to go for. lowest hanging fruit and the thing that most a lot of people at least that i associate with including myself baby leave what is most impactful with the tax cuts even the 51 senators they are. and that went the other way, that a that a lot of what we've seen prior to the pandemic could be unraveled. >> neil: you know, eliza, obviously, it's one thing to keep the boat going, they count going. these were close states. george, pennsylvania included. there's a lot of fuss back and forth about the ballots being counted properly or will eventually be. but by prejudging it as many of the administration has at stake that's audre fraudulent, does it their case? does it seem to -- if it comes back on the boat still show joe biden is going to be the president-elect of the united states, how does that help their cause? >> well, it could rally their bases you guys were talking about earlier. of those senate races in georgia. it's highly unlikely. this year a number of states that biden is leading in and by the margins, it's tied races. these are thousands and thousands of votes. it's pretty unlikely that these lawsuits will be able to change votes in enough states to flip the presidency. the president won in 2016. by margins very similar. it's a very difficult argument to make. at this moment, republicans seem to be -- >> neil: is there a danger by making that argument and final results whatever they are about they are tainted and the president and his people maybe not intentionally but clearly right now early on are questioning the veracity of that, the accuracy of that. we have the recount. he confirms that today they then filed out the president graciously say, joe biden, congratulations, or does it lead to a chill that goes well beyond inauguration day? >> this is very unprecedented. i have no idea what exactly will happen. earlier today, we saw joe biden. he hasn't talked to mitch mcconnell, the majority leader in the senate. they have a relationship. he expressed his optimism that he would talk to mitch mcconnell and republicans would ultimately get on board and be able to work with him. you know, i mean, right now, he's landed enough seats to land well over 270 votes and republicans including their leadership are questioning that. i imagine that makes it difficult to govern going into next year. >> neil: it could be. i always see things in the prism of wall street. if they don't like any uncertainty. they seem to be certain right now that it's going to be certain it's president biden next year without any ill will that the president would be gracious in the event these counts confirm what we already see. so play that out. >> remember after when al gore contested the outcome of that election, the s&p 500 crumbled all the way until it was finally okay. the supreme court came through with it. look at the reaction post election. this time around, president trump asking questions that many of his supporters -- most of them think he should be asking. i think you're right about him galvanizing the base. the people that love president trump love him because he's a fighter. he's an outsider. they feel he was never treated properly. and everything was against him. they want to see him fight. i think ultimately if he does look like he's lost this, bill barr says there's no shenanigans, he will gracefully, you know, handed over and look forward to the next chapter. you arrived. wall street believes that the g.o.p. will win the senate. the best proof of that in the last five days, the number one performing sector, energy. remember, the last debate, joe biden made it pretty clear he's not a fan of fossil fuels. number two, financials. those are other areas. they wanted to tax wall street to death. the worst performing sector of all 11 s&p sectors are utilities where they were supposed to be the biggest winner under the biden administration, because they would funnel trillions of dollars to these utility companies like next area made a big amount of money. wall street has already made it pretty clear where they think everything falls out. >> neil: no surprises. they don't want any surprises. i want to thank you both very, very much. we were up again on the dow jones industrial here. a lot of it has to do with what we saw yesterday with the good news the vaccine news we got out of the likes of pfizer and biotech. there are other key players we will tell you about. this whole election debate over has to be counted and where and what's fraudulent it was reagan all about, the impact it could have got a little bit more -- shall we say from the attorney general of the united states will explore and explain after this. a veteran who honorably served and it's made for her she's serving now we also made usaa for military spouses and their kids become a member. get an insurance quote today. or psoriatic arthritis, little things can become your big moment. that's why there's otezla. otezla is not an injection or a cream. it's a pill that treats differently. for psoriasis, 75% clearer skin is achievable, with reduced redness, thickness, and scaliness of plaques. for psoriatic arthritis, otezla 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any substantial's of voter irregularity. he says while serious allegations should be handled with great care, speculative fanciful or far-fetched claims should not be a basis for initiating federal inquiries. nothing here should be taken as any indication of the department has concluded that voting irregularities have impacted the outcome of any election. now, a week after election day, some states are still left on a votes. not entirely surprising as the united states saw a record numbers of male and ballots. the president and his allies say it's fine, really that he's using this period to accuse state posters of fraud. take a listen to senator mcconnell. >> what it says about america is out until the electoral college votes, anyone who is running for office can exhaust concerns about counting in any court of appropriate jurisdiction. >> democrats like senator dick durbin said the opposite here. they are saying that the president using this time to launch these accusations and investigations really amounts to election interference. this battle is raging on on capitol hill today. >> neil: thank you very much. aat the former doj prosecutor. great to have you back. with the attorney general's involvement, what does that mean? how does he sort of lead this charge over this memo signal where it's going? >> i think it is actually being overstated. if you are already suffering from irritable bars signal from, you're not gonna listen to the nuance of this. the bottom line is that memo that he created they got leaked out basically says, we are going to let you independent u.s. attorneys as senior officials within the doj look into election fraud if you think you have it. you don't have to consult with a public integrity section. he's not prejudging that there's cases to be made or not. he's loosening up the bureaucracy in case there is a big lead. and there's a big when he says in this memo, we don't really want to wait until it is too late to do anything about it. how he's doing is essentially saying, this isn't going to be on a d.c. level, it's good to be something you can pursue in your judgment if you think there's a real case out there. >> neil: his critics evidently jumped him saying he's doing the president's bidding. he's not acting as attorney general. he's acting as a campaign staffer. spake out these folks that they are going to give you that reaction no matter what. there's a lot of people that feel very much against the attorney general. i read the memo a couple of times. i used to be a doj. i was at a u.s. attorney's office before that. i get the vibe. you not dying to involve main justice on every issue. this basically says if you find something that's huge, you are on own, go for it. not wait in line at doj and hope that someone of public integrity authorizes it. i don't think that's a radical proposition. i think that's one that respects the career prosecutors out in office and he gets criticism for her but is not valid. >> neil: the real issue is that account. when they go through the votes and count all the votes, and stuff they can come up as they are doing account, the predictable dead votes that come in and have been in every election. are they significant enough to tip the race this go around? from a legal perspective, it is not just in about counting those ballots, right? what else is involved here to weed out as the administration has said, fraud. >> there's a bunch of layers to this. you have to have evidence that is going to withstand judicial scrutiny. some of these lawsuits are starting to gravitate in that direction like the michigan 78 page complaint has testimonials and declarations of people saying, we backdated ballots. you have a chance if you got sufficient scale like you are making mention out to affect the overall vote. the other challenges are more constitutional like the pennsylvania supreme court creating new rules against a legislature's wishes. that is the type of stuff that i can win back the day and create some sort of remedy all the way up to every vote in pennsylvania based on the conduct of the separation of powers issue and the constitutional violation as opposed to the old fashion sheeting. it is a combination of lawsuits that are out there. they are all going out to be proven up with some level of satisfaction to these courts. but they are not on their faith outrages. there are sworn statements attached to them. >> neil: what would trigger a revote? i've heard that mentioned and more than a couple of states. what would actually trigger that? clear signs of impropriety are falsely submitted ballots? >> i think it's can have to be intentional misconduct and stuff that is not easy to quantify. although it's massive. pennsylvania has the best likelihood of that, because if they didn't segregate late ballots -- and it turns out the late ballots are invalid, then what is the solution? you can't reward the people that refused to segregate them by saying that we can count them. you could drift toward electors making the decision or a revote. this is equitable stuff in court. there's a lot of remedies that are possible. it all starts with sufficient proof and speed. you've got to move quickly. >> neil: we will watch it closely. thank you very, very much. and i move with speed. 38 days, 20 years ago. about there were some stipulations here. the democrats complaining about the fact that republicans were in a rush to get a vote done. the parties and their positions are reversed. but one person has not appeared in the guy who's in the middle of that count and his name was on the ballot. remember joe lieberman? he's next. d why. because our way works great for us! but not for your clients. that's why we're a fiduciary, obligated to put clients first. so, what do you provide? cookie cutter portfolios? nope. we tailor portfolios to our client's needs. but you do sell investments that earn you high commissions, right? we don't have those. so, what's in it 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degree of confidence of the american people in the outcome of the election, there ought to be the opportunity for recounting as much as possible under that timetable. >> the only way the outcome of this collection is going to be widely accepted which is what we need is through the postelection process -- >> vice president gore and i have not as simple and fundamental goal, to ensure a full fair and accurate count of the votes in this election. >> neil: remember that guy, joe lieberman? he wears the vice presidential candidate for 20 years ago. chad nightmare as they called it back then. i caught up with joe liebermann and asked him about the differences this time. he said not really any outside of just waiting to get the vote in. take a look. >> in the last slide of states, specific poles if you will in the presidential election, the vote is very close. it seems to me he's got a right to ask very count. but he raises the expectations on amazon lawyers. and so, in query of a lot of other people including violent supporters if he alleges as he has without any proof so far in court that the election was stolen. if it was, it will report that evidence. >> neil: do you think reports that he is not cooperating or sending out orders to his people not to cooperate in a transition -- there's no need to do that because i'm still fighting for every vote? what do you think about the posture he's taking? >> i'm trying to think back to 2000. my recollection is that gsa, the general services administration which implements the bureaucratic transition and making space available to the incoming president office space. that they did not actually implement the law until al gore conceded on december 12, december 13th after the appeals were all over right to the supreme court. there is no question that it would be -- it would be a big thing for a president trump to do to say i'm not yielding any ground on my claims in court. i think this election was wrongly decided. it needs the courts to act. but i authorize the gsa to go ahead and implement the law and at last there at least be discussion. >> neil: we are a long way from that. as you indicated when over 30 days, 20 years ago. when the accounting is done, senator. i'm wondering if you chose maybe the president didn't pick up more votes than thought in the states in question. but he lost them all. do you think you would be a gracious loser? mick mulvaney said yes, i think you would be to you. >> i took heart from mick mulvaney's call mom yesterday. i certainly hope -- all of us would understand at a very human level why anybody in particular this president would be deeply disappointed not to be reelected. he invested a lot in this. he's very proud. but, you know, there is a comes a point where you've got to acknowledge that more than personal interest or party interest, and the interests country. and once he has his days in court, i hope even if the president disagrees with the court decision, he says, i tried my best. maybe he will say i'm not leaving office. maybe he'll say i'm thinking about running again in 2024. if you will concede in that the transfer of power go forward so that the incoming body -- >> neil: do you think he will run again in 2024? grover cleveland tried and it worked. i remember covering that race. i'm just saying, do you think you would do that? >> i think it may incite him like the right thing to do now. he certainly of a dominant force in the republican party now. somebody else said in 2024, the republican candidate for president will be donald trump or somebody else. donald trump has endorsed beard in four years as a long time. al gore was ready to run again in 2004. he thought about it a while. at the end of 2002, he said that he was not going to run again. that's in the future. for now, i hope the president has his day in court. if he doesn't win -- which i suspect he won't until both the country first and joe says, if you go about concede, at the biden administration come in and begin to work. if there is a lot to do with whatever he wants to do. >> neil: we shall see. it joe lieberman on that. in the middle of an american nightmare that jagged on the better part of two months. what if i told you there could be others? lots of others after this. r dep. it's a dark, lonely place. this is art inspired by real stories of people living with bipolar depression. emptiness. a hopeless struggle. the lows of bipolar depression can disrupt your life and be hard to manage. latuda could make a real difference in your symptoms. latuda was proven to significantly reduce bipolar depression symptoms, and in clinical studies, had no substantial impact on weight. now i'm feeling connected. empowered. latuda is not for everyone. call your doctor about unusual mood changes, behaviors or suicidal thoughts. antidepressants can increase these in children, teens, and young adults. elderly dementia patients on latuda have an increased risk of death or 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months. what do you think? >> very promising. a game changer if we have vaccines starting next year. of course, we can save a lot of lives and weekend go back to normal life as soon as possible. we have to be very vigilant right now it's only about a vaccine coming into the holiday season. >> neil: doctor, what is their rule of thumb for how you distribute it? how does a go to first? is there a protocol for this? >> there is one that the national academy of sciences totaled. it starts with the system and staff. people who are older than 65. essential workers and everybody else in the united states, of course. >> neil: there is always reluctance and people who are anxious about vaccines that many won't take it who should. >> that's a big concern. the latest dates we have shows that only 44% of americans would take a vaccine when it's available. we would like more people to take it of course. that vaccine when it becomes available, the only way it is protected as if a lot of people will take it i will reach herd immunity from the vaccine. >> neil: we will watch very, very closely. good catching up with you on this. all good news if all of these come to fruition here. >> indeed. >> neil: great possibilities. thank you, doctor, very, very much. they are coming out at a time when so many states are experiencing spikes in cases. new jersey, new york. we are saying a lot of shutdowns again a lot of limitations again, a lot of restrictions again. and then there is something that joe biden was commenting on today after this. ixty i.q., a master's in chemical engineering and you're technically a genius... and it appears you're quite the investor. i like to trade. well, td ameritrade has pros ready if you need help, say talking through a new strategy... ... just in case things, you know, get a little rocky? i'm sorry on the upside i think that's waterproof. maybe not... ♪ >> neil: justice amy barrett to work quickly, didn't they? she was hearing arguments challenging obamacare today. how did it all go? let's go to washington with mo more. >> good afternoon to you. it feels that the high court is in favor of keeping the affordable care act in tact chief justice john roberts and justice brett kavanaugh both signaled that they believed that they can stay intact despite getting rid of that controversial individual mandate. it's all about severability. this is that there are legal challenge in the 10-year history of the law. president obama signed into law in march 2010 peered whether they key funding mechanism for the law that image in the individual mandate can be taken away and if the rest of the aca can stay in mandate. some say that is intact. the chief justice made it clear to come he believes the act could survive without that mandate. the trump administration got rid of that penalty in 2017, but they couldn't get rid of the law and tanning that year. arizona senator john mccain famously gave a thumbs down on the senate floor to get rid of that measure. he actually helped save it after the administration wanted to get rid of it. a group of conservative states argued that almost fall into that individual mandate falls. image and justice amy can county barrett actively participated today. it's just her second week sitting on the high court. she had to do things through teleconference because of covid-19. she questioned about the mandate. listen. >> doesn't only really seemed that congress is the one who is injured the individual claims this year? you can't sue congress and say you push the bounds of the men say that forced us to insurance. >> we've sue the united states. it is the united states' law that the individual plaintiffs have to acquire health insurance that the united states inks is good for them. >> just a few hours ago, president-elect joe biden held a conference of why he wants to move forward and keep intact all of obamacare. listen. >> it was created to ensure that families trusted with their worst nightmare of their lives but focused not on money but on the fight that really matters. obamacare is a law that every american should be proud of. >> they just as this will make a decision by june. >> neil: all right, david, thank you very much. are you planning on flying anywhere for thanksgiving? maybe not. they are sticking close to home. apparently the airlines think that you are. boy, how they got some deals for you after this. do you have a life insurance policy you no longer need? now you can sell your policy, even a term policy, for an immediate cash payment. we thought we had planned carefully for our retirement. but we quickly realized that we needed a way to supplement our income. if you have one hundred thousand dollars or more of life insurance you may qualify to sell your policy. don't cancel or let your policy lapse without finding out what it's worth. visit conventrydirect.com to find out if you policy qualifies. or call the number on your screen. coventry direct, redefining insurance. >> neil: i don't know if it was the vaccine news but airline stocks aren't the only thing jumping right now. they are very optimistic that you're going to be flying probably as soon as this thanksgiving, a couple weeks away. susan li, what that says about them in the economy. >> holiday celebrations are likely to be different this year. definitely smaller. hopes of a vaccine might mean a few more travelers this time around. united added 1400 -- predicting bookings for thanksgiving with half buying their tickets less than a month before departure. it's not just united. jetblue adding 25 nonstop flights from new york to florida, puerto rico, the dominican and haiti. some hope that with the vaccine approval before years end, it might be staging a comeback. recovering 10% to 20%. trading in half levels they were before but hopefully things will get better from here and hopefully we can see our families pretty soon. >> neil: all right. things not quite looking the same at disneyland in californ california. kennedy has more. what are they talking about? >> they are talking about keeping the whole thing shut down. it's really sad for people who make their living at the magic kingdom. no doubt had something in the 90s called -- the point is the park and the adjacent sister park, california ventures, they're great because you can spread out. if you have of of the visitors you normally have commutes to have a lot of revenue. people buying trinkets, gear, ears, and turkey legs to snack on. not only makes makes people happy, their children who been longboard by digital learning and also gives the people who work there a few shekels in their pocket. being california it is calming land so disneyland is still shut down. >> neil: arcing with spikes in cases you got to be careful. i don't understand why disneyland can't be doing the exact same thing they are doing at disney world on the other side of the country in orlando. it seems to be working out fine. just to shut it down and keep it and not talk about reopening, it seems extreme. >> the governor of florida likes people and wants them to work. the governor of california wants control over people and of their lives. that's creating a cycle of dependency, inviting millionaires and billionaires to move to places like texas and tennessee which they are doing in droves. it's bad policy. people need to enjoy. they need something to look forward to, trip to disneyland with the pha fam would do it. >> neil: you know that varvara well. i'm sure governors of both states like people. they argue in this case in california i think governor newsom was saying they wanted to address it. they're getting spikes in other cases. new jersey, new york, connecticut. they are revisiting the idea of closing restaurants after 10:00 p.m., no drinking after that point. wondering whether they are setting the stage for something more severe. >> they are in the long-term deficit of these type of productive shutdowns -- protracted shutdowns. the longer you go the harder it is to get back to what we want to do is normal and people feel demoralized because they look at their friends neighbors in other states and they realize that there are governors and mayors who cross people to listen to, mask mandates, to stay 6 feet apart from each other, to bathe the in purell and everything else we know how to do and they are having success doing that. a lot of these places where they have a dim view in human nature, they are seeing spikes and cases. sweetie what's weird, we don't have much time. germany was doing all the right things. the first on masking, separate people, they have spikes. japan has spikes to worry about. they were doing everything right. france, italy. sometimes everything you want to do by the book, you're still looking at spikes. >> you nor they don't have spikes? new zealand and sweden. people there know how to have a good time. >> neil: indeed. look at the time. >> wait, i have five more things. >> neil: i bet you do. thank you very much, kennedy. always great talking to you. she's right, sometimes we overreact. where people have done that, it hasn't helped. weird thing, this virus. here comes "the five." >> dana: hello, everyone. i am dana perino with katie pavlich, juan williams, jesse watters, greg gutfeld. it's 5:00 in new york city and this is "the five." the election fight far from over. attorney general william barr given the green light to the justice department to investigate allegations of voter fraud in the trump campaign is continuing to file legal challenges to election results. that comes as top republicans say that they're supporting the president separates. senator mitch mcconnell thinks that trump is within his right to move forward. >> anyone who's running running for office