from the first vote to the critical count. get a breakdown of what's happening starting at 4:00 p.m. eastern next tuesday. the news continues. i want to hand it over to chris for "cuomo prime time". >> brothers and sisters, we're living history once again. it's going to happen on our watch tonight. the supreme court is about to be re-shaped for years to come, decades to come maybe. a 6-3 conservative majority. trump's nominee amy coney barrett just confirmed by the senate. one republican didn't vote, the maine senator susan collins. however, 52-48. obviously the nomination a shoe in and now the justice will be sworn in at the white house one month to the day of her nomination gathering that ultimately turned the white house into a cluster. and despite the fact that once again there is an outbreak of

cases within the white house ranks that they intentionally tried to keep you from knowing about. so are they doubling down by having yet another event like this? well, they seem to be aware of that mistake. and tonight masks are required. so maybe there is a learning curve, and in that move you must ask yourself, if they know enough and obviously they do, they generate the messaging about masks and the science behind them in social distancing, if they know enough politically to make this time different than the last time, why hasn't the president's messaging changed at any of his rallies? why is he okay with so many people still not having masks, still not social distancing? think about that. tonight when this happens at least five members of the vice president's team will have tested positive. right now they're positive. and they are a reflection of

what's happening in this country. covid has never been worse than it is tonight. the daily case counts are at their highest levels ever. and this white house has chosen, even if they are doing it differently and better than the last time, and it is fair to say they are, but to have an event at all in the middle of a pandemic, to crowd together once again, because you can see the seating. they're smart not to light it, by the way, but we'll show it to you. what message does it send? the president's chief of staff told us coronavirus will not be controlled. think about that. they are admitting to you that they don't think they can do anything about coronavirus. now that tells you two things at once. first, it explains why they're not doing anything, why there is no wall mentality, why they're not throwing everything at it, putting their arms around it. trump doesn't think he can win

against covid. so he doesn't want to have the fight. he wants to pretend the fight doesn't exist. secondly, it shows you what their preference is. they'd rather get the judge done. mcconnell would rather get the judge done and we understand why politically in terms of the impact. that will last decades. so mcconnell says no relief bill. it's not going to happen, white house. i'm going to get this done. think about the preference. i'm not saying one matters and one doesn't. but in terms of the emergency, they could have gotten this judge passed. they think they're going to do fine. they think they are going to keep the senate. what about your relief? what about the pain? what about the people in food lines? what about the closed businesses? think about it. instead, this was the priority. and tonight justice clarence thomas will deliver the constitutional oath of office to soon to be justice barrett eight days before an election that the

supreme court could decide if contested. they're still getting ready. it's got a little scene setter from live at the white house. i am correct that masks are required this time? what does it look like? because they didn't light the seats. are people closely seated or observing the mask rule? >> reporter: most people are wearing masks, chris. something we have not seen in this way before. think of the republican convention when there were hundreds of people, over a thousand people out here in chairs that were tightly packed together. and these chairs are actually distanced. you are seeing most people wearing masks. who is here? several republican senators, members of this administration, allies of this administration, cabinet officials as well who were here on the front row we just saw come in, people like elaine chow. so you are seeing different measures taken that were taken one month ago today in that event in the rose garden when the president was announcing he was taking amy coney barrett

where chairs were not distanced. 150 people at that event and very few people wearing a masks. you saw chris cristie, mike lee. mike lee is there tonight. they just cast their votes for this swearing in. so it does look different. but we should know there are hundreds of people out here on the south lawn, at least over 200 chairs we counted earlier in addition to a band being seated on the other side of the south lawn where from i'm standing right now. one question we still do have about attendants is whether or not the vice president mike pence is going to be here. we have not seen the vice president. and of course now here comes everyone else for this swearing in. >> look, the vice president should be quarantining. he's been in close contact with people who have tested positive. there was the question that he would still be campaigning. the optics are terrible. the science is terrible. it's bad practice. so we'll see. we just saw the first lady come out. obviously the applause are for her and the guess is that this will be taking place now shortly

thereafter. we didn't get any kind of indication kaitlyn -- oh, let's listen. ♪ >> ladies and gentlemen, the president of the united states accompanied by -- >> all right. so as we go through the ceremony, we will take you through it. i just want you to listen to what's going on. and now we have another introduction. let's see who comes through the door here. okay. here is judge barrett and the president of the united states and justice clarence thomas who will do the swearing in. now, a very unusual occasion that we're having here right now. it is not unusual for the justice to be sworn in at the white house, but with this kind of pagentry, is this about trump's flair for the dramatic or an overt plollicization of

this position? because that's the way the president has played it even though she was duly nominated and voted on and will now be sworn in. let's listen to what's happening. still applause. okay. so he's going to make some comments. let's listen to a couple of seconds of it. >> this is a momentous day for america, for the united states constitution and for the fair and impartial rule of law. the constitution is the ultimate defense of american liberty, the faithful application of the law is the cornerstone of her republic. that is why as president i have no more solemn obligation and no greater honor than to appoint supreme court justices. on this october evening and it is so beautiful, the first lady and i welcome you to the white house to bear witness to

history. in a few moments, we will proudly swear in the newest member of the united states supreme court, justice amy coney barrett. [ applause ] >> she is one of our nation's most brilliant legal scholars, and she will make an outstanding justice on the highest court in our land. justice barrett's oath will be administered by the court's longest serving member, currently on the bench, a man whose allegiance to the law has the respect and gratitude of all americans, justice clarence thomas. [ applause ]

>> our country owes a great debt of thanks to senator majority leader mitch mcconnell. we appreciate it very much, mitch. thank you. and we are grateful as well to the senate judiciary chairman, lindsey graham. thank you. all right. when the swearing in happens, we'll come back to it. we have dr. sanjay gupta. why? because we are in the middle of a pandemic, and this is what we are watching. dana bash, david axelrod and nina totenberg. certainly in the context of what barrett will represent on this bench going forward. 6-3 majority conservative could

last half a generation if nothing is done to change that. dana, on the reporting side, why this was the right play and to do it this way. we know the words that the president was just reading are not his own. all right? he's tied to the teleprompter because the sentiment is as artificial as the color of his palate. he is not a constitutionalist. he is not somebody who embraces it, but he does embrace a power move, and that's what this was. what are you being told? >> it's what we said earlier. he's embracing power and pagentry and coronavirus be damned. it hurt him and his inner circle tremendously to the point that many of them got this deadly virus. but he -- that's not how he operates. you know this, chris. you have known him for longer than most of us have.

he wants to take this moment and seize it because he understands that this is something that plays well for the people that he has visited just today in pennsylvania and other swing states. the issue, though, is, i will tell you, chris, before coming on with you i checked in with a republican pollster in the field on republican battleground states over the country who said just politically speaking not sure how much this will help because the base is already really excited about him. it is not a brett kavanaugh situation. it is quite different. >> axe is nodding his head in agreement, but this is a deliverable. if you got the relief done, sure, that has more application to people's lives. but this judge is for decades. >> yeah. you're raising two different points. one is the historical meaning of it. this will be a big part of trump's legacy, three supreme court justices who turned the court far to the right. nina knows far better than i about that. but as a matter of pure

politics, i don't think it will have much impact on the election. and frankly, chris, passing a stimulus might have because 72% of americans support that, a majority of republicans. and it is on the story that everyone is talking about now. i think the president welcomed the opportunity to change the subject tonight because the story is not going well for him. but on the major story, which is this raging pandemic, this doesn't have any relevance right now. >> nina totenberg, thank you very much for being with us. the legacy for the president, true. the legacy for the court and for the country, many have much longer roots. what could a judge barrett mean to juris prudence going forward? >> well, i think you're about to look at a court that is more conservative than any court had been in 80 or 90 years dating back to the 1930s. and what that means is that there is going to be a 6-3

majority. that means that even if one of the conservatives flakes off, which they do from time to time. they don't go in lockstep on every issue. but if one of them flakes off, there is still a five justice majority. it also means that chief justice roberts who is, i think it's fair to say, painfully aware of the danger to the courts if the supreme court is viewed as just a partisan institution, if it means that he no longer has the kind of control he had in the last term when he was the fifth vote and could occasionally modify things somewhat. so on questions from -- that range from the right to privacy, and that includes not just abortion but contraception, questions about a death, you know, what can -- what kind of right to privacy do you have in

terms of, for example, deciding that you are not going to have any extraordinary measures to keep you alive? it means in questions of iv fertilization. all of those issues, i think, will be on the table in front of the supreme court eventually. certainly roe v. wade, but many others that most people don't think of as somehow connected to roe v. wade. in addition, there are questions of presidential power. can -- can -- can president trump keep his finances secret from the congress, from a -- from a grand jury investigation? so far the answer has been no, but there are more of those cases the president keeps appealing back to the supreme court on these very issues. and then there are countless other issues that are part of americans' every day lives that they don't think of as liberal

or conservative but may end up very much controlled by a conservative majority on the supreme court. >> now we deal with what we're not discussing. sanjay, as you know, you and i work a lot of the same sources. everybody is baffled that the case explosion has happened this quickly this early in the season, despite what a lot of states have been doing, best efforts to keep it down, and absolutely no response from this white house or the broader administration other than the chief of staff saying we can't control it. your reaction? >> well, you know, when they say that we can't control it, that, you know, the sort of waiving the white flag, i mean, i think it's worse than that, chris, because it's not even so much surrendering to the virus saying we can't control it. i think all along, as we talked about, there has been, even though it's not explicit, there

has been this sort of idea that the herd immunity is sort of the strategy to adopt here, which is not even saying i surrender. it's like saying here's the door. i'm opening it. virus come on in and run amuck through the country, which is a terrible strategy. most of your viewers know that by now, but that could lead to the death of 1.2, 1.5 million people. >> all right. sanjay, let's go to the swearing in. i'll come back to you. here we go. history in the making. >> i, amy coney barrett, solemnly swear that i will support and defend the constitution of the united states. >> against all enemies, foreign and domestic with faith and allegiance to the same. >> that i will bear true faith and allegiance to the same. >> that i take this obligation

freely. >> that i take this obligation freely. >> without any mental reservations. >> without any mental reservations. >> or purpose of evasion. >> or purpose of evasion. >> and that i will well and faithfully discharge. >> and that i will well and faithfully discharge. >> the duties of the office on which i command. >> the duties of the office on which i am about to enter. >> so help me god. >> so help me god. [ applause ] >> there it is. we have a new supreme court justice. the court power structure now goes 6-3 in favor of conservatives, meaning the chief justice roberts, even if he wanted to make an influence better make a friend because even if he doesn't vote with conservatives they still have a 5-4 majority. huge, historic implications. nina totenberg was talking about that and what this could mean. the justice is now making

remarks. >> thank you. thank you all for being here tonight. and thank you, president trump, for selecting me to serve as an associate justice of the united states supreme court. it's a privilege to be asked to serve my country in this office, and i stand here tonight truly honored and humbled. thanks also to the senate for giving its consent to my appointment. i am grateful for the confidence you have expressed in me, and i pledge to you and to the american people that i will discharge my duties to the very best of my ability. this was a rigorous confirmation process, and i thank all of you, especially leader mcconnell and chairman graham, for helping me to navigate it. my heart felt thanks go to the members of the white house staff and department of justice who worked tirelessly to support me

through this process. your stamina is remarkable, and i have been the beneficiary of it. jesse and i are also so grateful to the many people who have supported -- who have supported our family over these last several weeks. through ways both tangible and intangible, you have made this day possible. jesse and i have been truly awe struck by your generosity. i have spent a good amount of time over the last month at the senate, both in meetings with individual senators and in days of hearings before the senate judiciary committee. the confirmation process has made ever clearer to me one of the fundamental differences between the federal judiciary and the united states senate and perhaps the most acute is the rule of policy preferences.

it is the job of a senator to pursue her policy preferences. in fact, it would be a dereliction of duty for her to put policy goals aside. by contrast, it is the job of a judge to resist her policy preferences. it would be a dereliction of duty for her to give into them. federal judges don't stand for election. thus, they have no basis for claiming that their preferences reflect those of the people. this separation of duty from political preference is what makes the judiciary distinct among the three branchs of government. a judge declares independence not only from congress and the president but also from the private beliefs that might

otherwise move her. the judicial oath captures the essence of the judicial duty. the rule of law must always control. my fellow americans, even though we judges don't face elections, we still work for you. it is your constitution that establishes the rule of law and the judicial independence that is so central to it. the oath that i have solemnly taken tonight means at its core that i will do my job without any fear or favor and that i will do so independently of both the political branches and of my own preferences. i love the constitution and the democratic republic that it establishes, and i will devote myself to preserving it.

thank you. [ applause ] >> okay. let's bring back the panel. nina totenberg, those comments are the correct and prefunction toir ones to be made by an arbiter of the constitution. what do we know about this junl that gives confidence or lack thereof in order to keep policy preferences which all too often seem to conform with the party that puts a judge on the bench from being any different than what we have seen in the past? >> well, i guess, you know, there is no supreme court justice, no judge who has a completely unified ideology that always results in uncontradictory answers. so you just heard the newest justice talk about how important it is for congress to make policy choices. well, congress made policy choices in the aca, obamacare and she has indicated in her

writings that she disapproves of the supreme court's analysis of those policy choices and would reach a different conclusion and would strike down at least some aspects of the law. so she's about to, in all lik y ly hood, unless she recuses herself, which i highly doubt be perhaps the deciding vote in the case -- the latest case, which is the third challenge to obamacare. and even the lawyer who represented the challenges to oba obamacare think it is a stretch. >> do you think justice barrett now, justice barrett, made a mistake allowing herself to become part of a political skeptical like this? >> you don't get offered to be a

supreme court justice more than once, and she couldn't very well control the timetable. she conceivably, let's say just for the sake of argument that there is -- that there is a big dispute about the election returns and the case ends up in the supreme court, i suppose she could recuse herself. but then the court might be evenly divided, and that's not good either. >> no. i mean this. she didn't have to be sworn in this way. this is not what we're used to seeing, let alone in the middle of a pandemic. >> and you don't see the chief justice there either. >> right. >> what does that mean? >> unless -- i think that means that, a, he doesn't want to be at a super spreader event or at an event that is quite overtly political. my assumption is he will administer the judicial oath at the court in public or in private in the coming day or days as has happened in the past with other nominee tos to the court. having said that, i don't think

when the president has selected you, his white house fought tooth and nail to get you confirmed that you get to say, no, i'm not going to show up for this. >> we have just never seen a justice be more of a political player in the pagentry of their confirmation or the swearing in as we did tonight. i want to go to sanjay. they've got their justice. it's done. what does this administration need to do tomorrow morning to deal with what's happening in this country, which again, sanjay, i know you are hearing it. i'm hearing it. coast to coast, north to south, east to west, people are worried that they don't have what they need. they don't have community buy in. they don't have capacity and they don't have funding to do what they need to do to stave off the case load and hospitalizations even before the flu hits. >> right. and i think it's really important, chris. and the thing is that at some point i don't know that the sort

of preventive decisions will really be in our hands anymore. what i mean by that is you are starting to see situations where hospitals are becoming increasingly overrun. you seepaso, wisconsin, utah. the governor is tweeting out last week it is not sustainable what's happening here right now. i mean, they've got to break the cycle of transmission, chris. and, you know, the virus is spreading too rapidly and we're going into exponential growth, which means we will look at a line in a few days, maybe a week, which is going to look like it's going straight up, kind of like we're seeing in the european union right now. to your question, chris, it is the same strejs that we have been talking about for some time. it is the universal wearing of mas masks. >> they will give the answer and make your point. they will say sanjay just said it. it is going straight up in

europe also. this is what the virus does. look at europe. >> and there is plenty of places around the world where that is not the case, so it depends. are you going to compare yourself to the worst places or are you going to aspire to be the best. i find it hard to believe the best we could do is be the worst in the world. we saw what does work. in arizona after they lifted the stay at home orders they got into trouble. they had 150% increase in cases. they said we're going to do mask mandates and limit large gatherings. and certain businesses like bars in particular, we're not going to open. it's a hyper local example of a strategy that works. and i bring up a u.s. example because everyone always says, well, that's a different country. you can't do that here. it was three basic things and it made a huge difference, so we need to do that. >> and a republican governor. >> dana is right.

now, dana, thank you for that. the idea that you are a week out and your intention as the incumbent is to not discuss that you were at the worst point and the most pressing crisis in a generation, how does that work? >> it doesn't. it doesn't work. unless your strategy is what the president's strategy is, which is just to turn out every single possible human being who is eligible to vote who likes hearing that we turned the corner even though it's not true, who likes hearing the other guy is going to shut down the government -- the country again, which is not true. and, you know, the idea that he's going to change minds right now, nobody believes that in his own party. so he's double and tripling down on the way that he governed for four years which is really going straight out to people who like him and trying to make sure every one of them vote and it's very much an open question about

whether or not that's enough. >> axe, if you guys came out in the obama administration, david, and said, yeah, we didn't want you to know that this guy got sick and, look, we're not going to be able to control this thing that's devouring the country, that's how it is, you would have been run out of town on a rail by the media. >> we don't have time to discuss all the things that we have done, that they have done. >> i'm saying you are a week away from the election and this is their play, ignore a pandemic? >> let me just say that the math does not work and that's their problem. there aren't enough people that support that. sure, they turn out to the rallies and there are his supporters that support him. but 72% of americans support requiring masks. he is on the wrong side of history here. and i guarantee you that every rational republican who you talked to will say this is not how we wanted to finish this race. this is not what we want to be talking about. but this is what he chooses to

talk about. he has spun things for his whole life. he has said so many times you cannot spin a pandemic. >> even the stock market. >> say again, nina? >> you can't even spin it to the stock market today, either. >> yeah, exactly. the markets are down, which of course is his barometer of how things are going in the country. so i think he's -- i think the dye is cast. this is the way he's going to play his hand and he's already laying the ground work for alibiing for an excuse. the vote is fixed. the vote is rigged. >> right. >> and so on. >> well, look, the stock market is highly reactionary a fear. and, sanjay, there is a lot of fear to go around right now. interestingly, i actually think the president is benefitting from collective fatigue here. the numbers of increase across the country are really frightening. but people have been afraid for a long time, sanjay. what kinds of things do you

think you are going to hear from around the country in just the next week in terms of case growth pretty much everywhere? >> well, i'm pretty focussed on hospitals, chris. >> hospitalization rate. >> i think that's the truest -- hospitalization rates because i think it is a true measure of how significant this is. we are seeing a dip. the numbers are going up. but people are sort of aneuroed to that a bit. what does 86,000 people becoming infected versus 6,000, these are all crazy numbers. the same amount of people were infected in the white house as were infected in the entire country of new zealand over the last 24 hours, so just to give you an idea of how significant that is, the numbers. but you're right, i don't know that people pay attention to it. when you get into a situation which i hope we don't get into, we saw some of this in new york early on where there may not be

enough hospital beds. you're calling because your loved one is having a hard time breathing. there is not one in the region. we will have to take you outside the region to get you to a hospital bed, i think that's going to be very alarming, as it should be, to people. we could avoid that situation but as we just mentioned, it's already happening in some cities across the country. so the hospital numbers, i think, are going to force the issue a bit. and you are going to have hospital directors who are calling their local leaders saying, hey, we're in trouble here. we're talking about not enough beds or local resources. we don't know we can take basic care of the citizens if they start to get sick from the disease. again, most people won't get sick, but if the numbers are as large as they are, the number of people that get sick will increase as well. >> sanjay, thank you very much. dana bash, david axelrod and nina totenberg.

we are living in history. now, the president had said to you earlier, handling the pandemic, one, i do very little differently than i have done. two, i deserve an a plus for the handling of it. frightening, especially where we are today. we just got our grades. we're failing all across this country. why not take on a crisis head-on when you say you are a wartime president and the war is against covid? we have a key player from the trump re-election team, the messaging man tim mur tow next. let's get after it.

are today. let's get after it.

i cannot show you a piece of data or what we look at as a metric for analysis to prove that the pandemic is not getting worse. this goes beyond just raw case counts. you want to look at positivity

rate? no good. what's positivity? what it sounds like, how many cases as a percentage come back positive. it's climbing, which undermines the idea of, well, we only have a lot of cases because we test a lot. that would be true if the rate of positivity stayed the same no matter how much you tested, but it doesn't. it increases. which means the testing isn't the problem. the virus is the problem. hospitalizations very lagging indicator. why? first you get sick. you get tested. then if it gets bad, god forbid, you go into the hospital. record level hospitalization 15 states. and despite what we have heard from the president about a cure, we are nowhere near one, and we see that reflected horribly in the mortality rate. our mortality rate in the united states is worse than peru, spain and ecuador. only ten countries on the planet

are worse. this is the truth a week out from the election. yet, you have a white house chief of staff saying covid, can't control it. have we ever heard an administration quit on a problem? let alone in the heat of crisis? literally trying to hide a second outbreak. this time centered around the vice president. we wish him and his family well. an outbreak so bad that the vp wasn't at his actual job today presiding at the senate like he did for both brett kavanaugh and gorsuch. sure, they took care of their vips at the white house today. not at these rallies.

not at these rallies. why do the rank and file who are lit rlly putting their health on the line not deserve the same met sajing you gave to the fat cats at the white house tonight. let's see if now is the time now that the numbers are at their worse, will we hear something from the trump campaign abiliou the plan to get us through a generational crisis. tim murtaugh, welcome to prime time. obviously there was something about the event, whether it was a health concern or otherwise. he didn't go there. so we'll wait for the installment oath to be given when she's at the court, justice amy coney barrett. so now that that's done, will the campaign take on the worst situation with coronavirus that we've had to date? >> well, i don't know what you have been paying attention to,

chris, but the president has been taking this problem head-on since the very first week of january. that's when the cdc began issuing travel warnings to china and then also screenings at major american airports. and it was by the end of january when the president restricted travel from china which i would point out again was something that joe biden would not have done because he called it fear mongering. if joe biden had been president at that time, we know we would be in a worse situation today in this country as a result of that. i think there needs to be a greater focus on some of the good news, which i don't think you guys spend a whole lot of time talking about. when the president says we turned a corner it is because the fda has approved remdesivir, which is a they are pewter and a very effective at treating this. we are this close to having a vaccine which will be distributed in hundreds of millions of doses and the first ones who will receive the doses will be the most vulnerable in

our community. and if you ask joe biden what would he have done differently from what president trump did, he doesn't have an answer. he can't point to anything. his covid plan is pretty much word for word exactly what president trump has been doing over the course of the last nine months and the approach is different. president trump is optimistic. he wants to reopen the country. joe biden is the candidate of lockdowns. that's not where we should head as a country. >> i got you. i let you make six points there before i cut in. you have to close things down when you are left with no other choice because nothing else is being done and cases are out of control. that's called science. okay? we don't have a choice. nobody wants to shut down. you'd be foolish to have to shut down. everyone is suffering. the question is what kind of suffering are you going to preference? economic suffering that you can recover from or loss of life? now going in reverse order, biden is no different than

trump. >> that's not true at all. >> tim, i let you speak. now you do the same or this will be really short. i promise you that. so in the last debate, the president, the former vp said i would be doing a lot more of coordinating funds to help the schools do what they need to do to open and businesses to do what they need to do to open and work with these communities. the vaccine, you are correct, we will have a vaccine. you will have doses. but not anywhere near close enough for it to be any kind of cure. remdesivir has been approved for people who are in acute distress. my brother, let me tell you this, i hope you never need it. not just that you never get covid, which i hope for you and your family, but that you never need remdesivir because you will be in a state of near pneumonia. you don't want to be there. it is at best a treatment for people who are in extremist.

biden was against the china thing. his campaign says time and time again he was not against the move. he's about being against how the president spoke about it. >> oh, come on. you don't buy that, do you? he said it was xenophobic and fear mongering, chris. your network broke the story about how he reversed it. >> i will give you that biden said he was against it. but i'll give you the point. here's why. if you want to hold down biden for being against that, where the hell has the president been for months of doing nothing additional to help an emerging crisis such that in his own chief of staff today said something i have never heard, tim, and neither have you. we can't control the virus. >> okay. that was a long soliloquy here. >> go ahead, brother. >> your own brother, the governor of new york, said that every time he turned to the administration, the federal

government was there with everything. >> he did not say that. and that is not what happened. >> yes, he absolutely did. >> no. he said i went to the federal government. they helped me with things. they did not help me with everything. they're still not helping. my brother what? >> your brother predicted a ventilator shortage. he said he needed 40,000 ventilators or people would die. that shortage never materialized. >> true. >> because they created the equipment, the ppe, the gowns, the gloves and the ventilators we need. i find it curious, speaking of your brother, you will ask me these self-righteous questions and talk about people taking it seriously. does this look like the couple of guys taking it seriously. you had your brother on joking about the size of the q tip you would need for the size of the test. this president has done everything states have asked

him. >> let's deal with that. that's not true. and you know it -- >> it absolutely is true. he said a hospital shift in new york that they didn't use. >> they didn't need it and thank god they didn't need it. tim, i'm telling you. i will cut you off. you are not going to flood the zone on this show. you took your swing. you missed. that's the best you got, is that my brother didn't take covid seriously? are you kidding yourself, that i made fun with him at a time of such acute distress -- >> the nursing homes. >> first of all, he never said any, and you know that. you know that new york state is 46th out of 50th. but here is what you you know most of all -- >> he's taking responsible. >> you should read it, brother. and let me tell you why. you won't even talk about the president. you want to talk about my brother because you are coming from a place of weakness. you are in the middle of a pandemic. >> no. i want to talk about people turning covid and the coronavirus crisis into a

political weapon, which is what cnn does all day long. >> your president -- >> that's what joe biden and the democrats do. >> tim, you will never drawn me out, brother. it's my show and i'm lout as hell especially when i'm righteous. >> i get the righteousness. >> because spin doesn't cut it on this show, pal. here's why. look at the numbers. this president has said time and time again masks don't matter. time and time again we're rounding the corner. it is going away. any spike that happens, please, we have never been in worse ship. he won't do the testing. he says go back to school. they won't help with schools. >> you are advocating -- what you are doing is advocating a complete and total shutdown. the only actual way to prevent any spread of the coronavirus is to have no human interaction whatsoever. >> not true. >> so are you seriously -- >> not true. >> -- advocating having people being locked in their homes for 12 months, 6 months, 8 months?

in china they welded people's doors shut. president trump wants people to be safe. >> please. look at his rallies. >> we cannot allow yourselves to be locked back into our homes. >> run the video of the rallies today. >> every medical, every health expert said -- >> do what i said. run the video of the rallies today. >> it could cause health problems on its own above and beyond unassociated with what the coronavirus causes. >> that is nonsense. what calls -- >> chris, where i live in virginia -- >> how many weak points do you want to make before i get it? in terms of anxiety and ancillary health effects -- >> you're not sbersed in having an actual conversation. >> come on now. you can do better than this. i have seen you before. >> this is not -- no, this is not an interview, chris. this is a lecture. >> i'll send you a word count. you're the one that lectured me with a picture of my brother and

my, which is very funny. >> i don't think it was that funny. >> i don't think you are a good judge of humor. he's telling people to mock the fact they're putting their own health at risk time and again. this was today, brother, in the middle of a pandemic. >> chris, wait. >> he never said anything different. he's putting people in these positions and he has no plan to do anything better. >> chris -- >> no, i'm about a president sending the right message. i'm about a president sending the right message and giving states what they need to fight a pandemic. >> own apartment building. >> because i did the wrong thing. >> why did you get reprimanded from your apartment building for not wearing a mask? >> because i did the wrong thing. i never broke quarantine. >> everyone knows you broke it. >> i did not. >> and then you came home and you pretended to rise up from your basement like laz russ. >> you want to mock my getting

sick, you can. >> i'm not mocking your getting sick. >> of course you are. of course you are. i never broke quarantine and you know it. >> now you're going to lecture me? >> i'm not lecturing you. look, you want me to be the story. you want me brother to be the story because you can't handle trump. why are we're in sufficient bad shape? >> this had never been seen. the testing regime had to be created from nothing and now we lead the world in testing. >> you do not lead the world in testing. you do not lead the world in testing and the president says testing is the problem. >> the development of the therapeutic. >> the president says testing is the problem. >> joe biden is trying to scare people away from taking the vaccine, chris. >> no, he isn't. he said "i won't trust trump." >> every time he talks about the vaccine, he downplays is --

>> because the president is grossly exaggerating when they'll be ready. >> that is absolutely politicizing -- >> the president says we're and the corner from a cure and that's a material deception. >> you cannot defend that. >> i don't have to defend it. this is about your campaign and what the president has said to do. go ahead. >> well, i missed that last part because you were shouting. >> i'm shouting. this is about the president's campaign. >> every step of the way. yeah, and we reserve the right to talk about our opponent from time to time. >> why do you think i had you on? your good looks? >> that's what i'm attempting to do. joe biden, every step of this way, unburden by the responsibility of leadership, has done nothing from the very beginning except politicize this. he did it with the virus himself -- >> and what has the president done, tim? what has the president done? he held a super -- that was

months ago. >> the private sector and the federal government. >> it is not unprecedented. i gave you a chance to put your arguments in the ether ether. we'll let the people do the fact checksi checksi checking for themselves. how did he use that to scale up testing? tim, i hear your arguments -- >> if you want to be a joe biden surrogate. >> you guys can play that game, can you take a shot at my brother, you can take a shot at me. >> could you have had another podium on stage. >> i respect your effort because that's the game. you want to go at andrew, his legacy will stand for tit was, his action will be judged at the ballot box. i will own any mistake i make because i'm not this president and i'm not in power.

i'll tell you what, brother, in seven days we'll see whether people think he did the right thing on this pandemic. you'll be welcome back because here we walk the walk and talk the talk. take care, tim murtaugh. why do i smile? we're a week out and this is a point of desperation. i'm not going to let people flood the zone on this show with things. i'll step right on them. why? because that's fairness. you want to make fun of my brother and me, go ahead. you want to ask me about what i did wrong and right? i'll talk to you about it. why? i have no interest in dishonesty. this campaign does because they have the worst numbers in this

call pa campaign. the only thing he had was a picture of me and my brother. that q-tip was funny when we needed it. more analysis on where this more analysis on where this campaign you won't see these folks, at the post office

they have businesses to grow customers to care for lives to get home to they use stamps.com print discounted postage for any letter any package any time right from your computer get the services of the post office plus ups at up to 62% off get our special tv offer a 4-week trial plus postage and a digital scale go to stamps.com/save and never go to the post office again the campaign is in the last week, throwing out all the straw men, making it personal. you just had the head of the

campaign for trumps the director for communications. he didn't offer a single thing the president is going to do now to deal with the pandemic. why? they got nothing. but is the pandemic going to be enough? let's get the state of play with the wizard of odds, harry enten right now. >> look, it's pretty simple, chris. that is that joe biden, at least in the national polls, holds a significant lead right now. he's up by nine points. clinton's lead at this point to trump, 4 points. and more than that biden is over 50%, clinton wasn't anywhere close to that. in this year what trump needs to do, he has to take support away from steady, steady. >> the x factor is how big does the pandemic play. they did not have anything like this, thank god, in 2016. this was about hillary's emails.

how big an x factor? >> it's a huge x factor. it's been listed as the most important problem according to gallup the last four, five months. when voters are asked who is better to handle the pandemic, it's joe biden. it's a difficult obstacle for trump to overcome. >> thank you for your patience, brother. and now it's time for d. lemon. >> whoa, that was fast. you know what i'm going to talk about tonight, right? >> i have a good guess. >> why do you bother? i can't. why do you even bother? >> the nature of the show is confrontation of what was relevant. >> i sat there like i don't hear anything, i'm not getting anything. this guy is lying. >> he wasn't lying necessarily. >> yes, he was. >> he was misleading with a lot of inio