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tv   New Day With Alisyn Camerota and John Berman  CNN  October 28, 2020 2:59am-4:00am PDT

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>> covid, you turn on the news. covid. covid. you know when they'll stop talking about it so much? november 4th! >> he's showing up at these reckless rallies, and not only is he spreading misinformation, he's also spreading the virus. >> this country is now averaging about 70,000 new infections every day. >> we cannot keep up. we are struggling with the constant and unending rise in cases. >> announcer: this is "new day" with alisyn camerota and john berman. >> welcome to our viewers in the united states and all around the world. this is "new day." it's wednesday, october 28th. it is 6:00 here in new york. and as of this moment, you have seven full days left to cast your ballot, including today. one week from now, it is quite possible we will not yet know who won the election, and that's okay. what's not okay, where the nation is likely to be with the pandemic by then. in the last seven days, more than half a million americans have tested positive. that's a record. the u.s. is now averaging nearly
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72,000 cases a day. it is getting worse. it is the opposite of ending the pandemic. 40 states are seeing cases increase. there's never been as much orange and red on this map. it is getting worse. it is the hoept of eopposite ofe pandemic. 14 states with new hospitalizations, 985 new deaths reported overnight. deaths are rising in 27 states. you can see, it is getting worse. it is the opposite of ending the pandemic. but in a feat of mind-blowing dishonesty and orwellian-level propaganda, the white house science policy office lists ending the pandemic as one of what it calls the top accomplishments of the president's first term. they haven't ended anything. >> the president, meanwhile, continues to hold large rallies in hot spot states like wisconsin, where virus cases and deaths have exploded. former president obama will be at a drive-in rally in florida.
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he was, blasting president trump for giving up on the pandemic. joe biden will be off the trail today, in delaware, but is expected to speak on coronavirus and health care. kamala harris campaigns in arizona, as does president trump, holding two rallies there. vice president pence will make stops in wisconsin and michigan. more than 68 million americans have already cast their votes. that's more than half of the total votes in 2016. so let's begin our coverage with cnn's arlette saenz. she is live in atlanta. arlette? >> alisyn and john, good morning. with less than a book to go until the election, joe biden campaigned here in georgia, a state a democrat hasn't won since bill clinton back in 1992. today, biden is back in delaware, where he will receive a briefing on covid-19, from public health experts, which biden has said would guide his coronavirus response if he's elected president.
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meanwhile, president trump canvassed the midwest, including south in michigan and wisconsin, but as the president and his administration claimed they've ended the pandemic, the realities in hospitals and communities there paint a very different more. >> reporter: with the countdown to the election quickly winding down, former vice president joe biden made two stops in georgia, looking to flip the traditionally republican state blue, with a message of unity. >> something's happening here in georgia and across america! people have different races, backgrounds, democrats, republicans, independents. they're coming together to transcend the old divides and show it's possible. >> reporter: while in florida, former president barack obama launched another attack against president trump's handling of the coronavirus pandemic. >> and what's his closing argument?
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that people are too focused on covid. he said this at one of his rallies. covid, covid, covid, he's complaining. he's jealous of covid's media coverage. >> reporter: and president trump was apparently watching it in realtime, complaining about his predecessor's comments in the tweet, and to supporters, at a campaign rally in wisconsin. ignoring social distancing guidelines against holding large gatherings, as new coronavirus cases reach record levels across the united states. >> obama has no crowd. we have the opposite. we have so many people. they don't like it. >> reporter: on his three-state tour of michigan, wisconsin and nebraska. >> i have to say, i'm working my ass off here. >> reporter: trump looked to appeal to suburban women voters. >> so i'm saving suburbia, i'm getting your kids back to school. we're getting your husbands back to work. a and everybody wants it. >> reporter: and insisted the coronavirus crisis would soon be
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over, the same day the white house claimed it ended the pandemic despite nearly half a million americans testing positive for covid-19 in just the last week. >> right now, it's covid, covid, covid, no matter what happens. covid, covid. no, we're rounding the turn. we're rounding that beautiful turn and it's going to be very good. >> reporter: biden accusing the president of giving up on fighting the coronavirus. >> we can and we will control this virus. as president, i will never wave the white flag of surrender. imagine where we would be today with a president who practiced social distancing instead of holding super spreader events. >> reporter: while trump targets swing states and looks to hang on to those he won in 2016, the biden campaign is aiming beyond traditionally blue and battleground states, both trump and biden's running mate, kamala harris, will hold dueling events in arizona later today. >> joe and i feel very strongly. nobody is supposed to vote for us. we need to earn their vote.
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and that's why we are traveling around the country. >> reporter: now, vice president mike pence will hold rallies in michigan and wisconsin today, and we will see joe biden next on the campaign trail tomorrow in florida, one of those critically important battleground states that always has very tight races. the biden campaign putting quite a bit of emphasis there, sending president obama in twice this week. and there's still the possibility that biden and obama could appear together in those waning days before the election. alisyn? >> arlette, thank you very much. so overnight, the u.s. reporting more than 73,000 new coronavirus cases. that is the fourth highest day ever. 14 states reported record hospitalizations on tuesday, including wisconsin, where hospitals are close to capacity. wisconsin is also reporting a record number of deaths and new cases. cnn's adrienne broaddus is live at a field hospital in wisconsin
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with more. what's happening on the ground there? >> reporter: the top message from the governor here is clear, stay home now if you want to enjoy your family later. not only in wisconsin, but across the state, hospitalizations continue to climb and so do new cases. a warning from wisconsin's governor. >> there's no way to sugar coat it. we are facing an urgent crisis, and there is an imminent risk to you, your family members, your friends, your neighbors, and the people you care about. >> reporter: wisconsin seeing more than 5,000 new coronavirus cases on tuesday and a positivity rate of 28%. the state also recording its highest number of hospitalized coronavirus patients with the governor saying, icu beds are at 87% capacity. this field hospital in the state started accepting patients last week, due to that limited space. >> right now, we cannot keep up.
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we are struggling with the constant and unended rise in cases, just as everyone else in the state is. >> reporter: this comes as the country recorded more than 73,000 new infections and has reported more than half a million cases over the past week. 40 states have seen an increase in new cases over the last week. and 14 saw record hospitalizations on tuesday. >> even though testing is up, this is a real increase in cases. we know that not only because the case numbers are up and we can calculate that, but we know that hospitalizations are going up. we are tenuous now. we really have to reengage the public health measures that we know works, or those hospitalizations can go up substantially. >> reporter: throughout the rest of the midwest, the situation remains alarming. illinois reported 4,000 cases on tuesday. chicago reported a seven-day rolling average of nearly 800
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cases per day. and an average positivity rate over 7%. starting friday, indoor dining in bars and restaurants in the city will be suspended and gatherings will be limited to no more than 25 people. and in ohio, hospitalizations are rising, prompting this warning from the governor. >> we have no indication that we've plateaued out at all. if we don't fight this battle county by county, city by city, village by village, if we do not fight in that way, we will, one way or the other, be shut down. and we will be shut down because the spread will be so bad. >> reporter: this field hospital is on the state fairgrounds. they've treated five people so far, but doctors here say they have the capacity to treat more, up to 500. and daily, we hear from health experts. they tell us how many people have died across the state.
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but sometimes hearing isn't enough. some people need to see. and the mayor of milwaukee has created this dynamic visual representation. take a look. this lawn holds 600 empty chairs. each chair represents one person who has died in this county from covid-19. john? >> chilling. just chilling. adrienne broaddus for us. and obviously, this has a huge health impact and a political impact as well. a new poll out moments ago, which we'll get to in just a moment. so stand by for that. in the meantime, the los angeles dodgers won their first world series in 32 years. but -- and if this isn't a microcosm of the current situation in the country, i don't know what is -- one of their star players was pulled from the game after a positive coronavirus test. andy scholes joins us now with the very latest. andy? >> good morning, john. so major league baseball finishing this world series just in time.
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they hadn't had a player test positive for covid-19 during the entire post-season, but it happened to one of the dodgers' star players on the night they clinched the world series title. third baseman justin turner had to leave this game in the eighth inning after major league baseball learned he had tested positive in the latest round of testing. espn's jeff passen reports they got the results of monday's tests in the second inning and those came back inconclusive. samples taken from tuesday then arrived and were run. sources telling espn those showed up positive. the dodgers were leading 3-1 when turner left the game in the eighth. then that final out to clinch the title. cory seger was the world series mvp. dodgers' champs for the first time since 1988. turner tweeting after the game that he is asymptomatic and couldn't believe he couldn't be out there to celebrate with his guys. now turner did eventually return
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to the field wearing a mask. he hugged some of his teammates and sat next to his manager, dave roberts, for a team vote. he even took off his mask several times during that photo op. dodgers baseball of operations friedman said the entire team would be tested once they got back to that hotel. and he said, not sure when the team will be able to fly back to los angeles, of course, waiting for those results. >> congratulations to the dodgers and lomooky betts and w hope justin turner stays wale. so a brand-new poll out of wisconsin just released with some eye-popping numbers, but more than anything, it shows the political impact that the coronavirus is having. we'll bring you the numbers and tell you what it means, next. m. okay, you're all set up. thanks! that was my business gi, this one's casual. get set up right with a live bookkeeper with intuit quickbooks.
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brand-new this morning, abc and "the washington post" just released a new poll from the state of wisconsin, a key swing state that donald trump won in 2016, and in the state of wisconsin, this poll shows joe biden with a 17-point lead. that is statistically significant, to say the least. now, this may be a bit of an outlier, but it does tell us a couple of things. number one, joe biden's lead certainly isn't shrinking. if anything, it appears to be growing. number two, we are seeing the impact of the coronavirus pandemic directly here, because cases are exploding in the state of wisconsin. joining us now, cnn senior washington correspondent, jeff zeleny, who has been following president trump who just finished a rally overnight in nebraska and arlette saenz is with us, as well. jeff, this abc news poll will get a lot of attention this morning. 17 points is an extraordinary spread and probably a bit of an outlier, but inside this poll, voters in wisconsin disapprove of the president's handling of
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the pandemic by 20 points. they favor joe biden on addressing the pandemic by 20 points and wisconsin is a state where cases are exploding and it's also a state where the president went yesterday. and the vice president is going today. and i think it reframes this entire notion of presidential travel during a coronavirus pandemic. what do you see here? >> john, it absolutely does. and the biden campaign and the former vice president himself have been happy to draw this contrast with the trump campaign in terms of how they are campaigning in the final week here. not holding big rallies, not holding big events. and that is exactly what the president did in salem, wisconsin, just yesterday. you know, there's no question wisconsin is a critical piece of the president's march to 270. he needs wisconsin, as well. it's part of the blue wall with michigan and pennsylvania. and these states generally act if not in unison, at least in like-minded ways.
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i'm agreeing with you, i think the numbers here -- let's not focus on the fact that this is a 17-point race in that new abc news/"washington post" poll. there's no one either side who probably believes that margin is true. but what this is telling us that people are indeed concerned about the coronavirus. they are living it every day in their lives. this is not some abstract thing, although the president says that every campaign stop, you know, it's moving forward, we're rounding the corner from this. people know that's not true, because they are seeing this. they know people who are getting sick or dying. so this is the dynamic now going into the next six days of this campaign and it is a worrisome trend for the trump campaign, no doubt. >> arlette, what do you see in this poll? and is this, do you think, people's personal experience, as jeff was saying, or has the biden campaign done some effective messaging on this? >> i think this in part reflects the messaging that the biden campaign has really stuck to for
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the past few months. it backs up their belief that the coronavirus pandemic is the defining issue of this campaign. you haven't heard joe biden waiver from that messaging throughout the course of this pandemic. and as you guys mentioned, that poll says that voters in wisconsin disapprove of president trump's handling of the coronavirus pandemic by 20 points, but it's the opposite for joe biden. 20 people support the way that he would respond to the of coronavirus by 20 points. you're kind of seeing their messaging get some backup by a poll like this, as biden has continually stressed over the course of this campaign that the president has mishandled the coronavirus pandemic, that biden arguing that he is going to listen to the public health experts, if he's elected. and they've really made this the central focus of the campaign, dating back to march. not just in this closing week, they have kept to this message and it is something that they
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are hoping will pay off, as voters have very real concerns about the pandemic in their lives. >> so, jeff zeleny, again, i mean, i think this isn't about the lead, it's about the pandemic. let me just read you one more graph of this poll. it says, 63% of registered voters in wisconsin are very or somewhat worried that they or someone in their immediate family may catch the coronavirus. 7% say it's already happened. likely voters who were worried about catching the virus support biden overwhelmingly, 75 to 22%. that's what voters who are in the middle of it think about the pandemic right now. and the messaging from the trump campaign to the white house is bragging about ending the pandemic. if we can put this up on the screen so people can see it, this comes from the white house science policy office, where they list as one of the accomplishments of the first term, ending the pandemic. that is laughable. it's offensive. it's orwellian in its level of
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propaganda. and as a campaign message in a state where the coronavirus is out of control, you can see it backfiring. i know you were in nebraska right on the border with iowa. you saw the president's rally overnight there. talk to us about the messaging he's sending about the pandemic. and also, frankly, what happened after the rally last night. >> john, it's the same type of message here. the president is trying to will this to be true, trying to will this virus to be over. but the reality is, it's not. so it doesn't matter if his supporters are wearing masks, most of whom decided against it. it doesn't matter if those at his rally believe him. the vast population does not believe him. some don't blame him, some will vote on the economy or on other issues, entirely. but what the trump campaign has failed to do is to change the subject, because the subject is something they're living with in their daily lives. here at this rally in nebraska last evening, where the president is coming to chase a
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single electoral vote. that's how narrow he believes this math is, he was simply talking as though the coronavirus is over. well, here in nebraska and in iowa, across the river from here, they have seen record numbers of cases, week after week after week. so this is happening everywhere the president is going. it was extraordinary, after the rally, the president was gone for about an hour and a half or so, thousands of the president's supporters were stranded on streets, waiting to be taken away in buss. you know, most of them didn't have masks on and then they were getting on to crowded buses here. it shows how these events can, indeed, be dangerous. yes, they're having these rallies outside, but that's convenient only for the person flying in on air force one. it's not convenient for the all the other people who are packed in there for hours and hours. that was certainly striking here. but we'll see it again today as the president is traveling out west, he has note chang changed
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strategy. >> and joe biden and barack obama will appear together this weekend. we'll talk about that a little bit later in the broadcast. jeff, arlette, thank you very much. so, from the first votes to the critical count, understand what's happening in your state across the country. cnn's special coverage of election night in america begins tuesday at 4:00 p.m. eastern time. so the number of americans hospitalized for coronavirus has soared by 50% in just the last movant. 40 states seeing cases rise this morning. we have more on where this is headed, next. (burke) deep-sea driving, i see... (customer) something like that... (burke) well, here's something else: with your farmer's policy perk, new car replacement, you can get a new one. (customer) that is something else. (burke) get a whole lot of something with farmers policy perks.
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this morning, 40 states are seeing coronavirus cases increase. that's a number we have not seen since the start of the pandemic. on tuesday, the u.s. saw more
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than 73,000 new cases. in the past week alone, half a million new cases were reported here and that's a record. 14 states seeing record hospitalizations. joining us now with what this trend means, where we're going, cnn political analyst, margaret talev. she's a politics and white house editor at ox yoaxios. and william haseltine, a former harvard medical school professor. great to have both of you. professor haseltine, i mean, look. what more can we say? we're seeing all of this sea of orange on the screen in terms of where cases are going. this is what was predicted. it's happening before our eyes. it's not getting better. every day, we have record-setting cases and there are some states where hospitals are near capacity. what's next? >> well, what's next is more of the same, but worse. i think many of us see these
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daily rates going to 100,000 plus. and if we don't have strong central government action to help the states, it could go well above 100,000 a day. and this is a really difficult situation. because, that means more people getting sick, more people going to the hospital. and eventually, many more people dying. the other thing that we've learned, is that this is the third wave is different from the previous two. the majority of people who are infected and now the great majority of people even getting sick are under 50 years old. in massachusetts, 54% of those people who are now infected are under the age of 50. and even a number of people, like 12, 13%, from 0 to 19, this is a different epidemic. in addition, we've also learned something a little bit disturbing about those people who survive serious illness. about 40% of those now have a lupus-like disease. that means autoimmunity.
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that means they're susceptible to other diseases and they have lifelong issues, because this virus triggers autoimmunity in about 40% of those people who do survive serious disease. so we're in a lot of trouble right now. >> we're in a lot of trouble right now, professor haseltine, says, it is getting worse. we could see 100,000 cases soon, margaret. and that's the environment where the white house science policy office puts out this list of what they call accomplishments and one of them is headline -- >> number one. >> number one on this list is ending the covid-19 pandemic. they say from the outset of the covid-19 pandemic, the administration has taken decisive action to engage soo s scientists, et cetera, et cetera, et cetera. as i said, it's beyond laughable. it is the opposite of true. it is the literal opposite of true. the pandemic is getting markedly worse by the minute. just listen to wisconsin governor tony evers.
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>> there's no way to sugar coat it. we are facing an imminent crisis. there is risk to you, your family members, your neighbors and the people you care about. >> so margaret, the politics of this absurd suggestion, o orwellian suggestion that they're ending the pandemic, to an extent, it seems to be backfiring. >> john, take a look at wisconsin, of course where the president was and where the vice president is going to be today. just yesterday, more than 5,200 cases reported. you're talking about hundreds of people in icu beds there. in the last month, that's accounted for half of the cases that they've had since the start. so it is in that environment that you have thousands of people, many of them not wearing masks, gathered together in stadium. a lot of them are young adults, who may be college students. a lot of them are children, so speaks to that other trend that you were talking about there. there is some polling,
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democratic groups have been touting this polling, which suggests that it's possible that this could be backfiring on president trump as political issue. you know, we'll see about that. obviously, there's separate public health implications. and we do this weekly poll with ipsos to measure the pandemic and how americans are perceiving it. and what we learned yesterday from our latest wave of polling is that they -- we asked americans about several groups, how do you think your local and state government is handling it? has it gotten better or worse since march in terms of the ability to handle it? how about your employer, how about your businesses? every measure, people said that that group's handling had improved in terms of how to handle the coronavirus, except the federal government, where there was a 20 percentage-point deficit. people saying -- and they're not talking about the cdc, they're talking about the political arm of the federal government, saying, the federal government under the trump administration has actually gotten demonstrably
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worse than it was back in those early days of march and april, in terms of the ability to manage this and to handle it and help people. >> that is remarkably consistent, because, john, that abc poll that just came out, also a 20% deficit in terms of the president's handling versus joe biden in that one. so professor haseltine, i'm so interested in what you just told us about the third wave and how it is distinct from the others. the fact that now the majority of people are 50 years old or under, does that mean that the death -- the mortality rate is going down, also? is there some good news that younger people -- that it's hitting younger people rather than older people? >> well, it's very mixed news, because younger people are not immune. one of the other things that we're now learning is that predispositions are complex, if you're beobese and young, you he a problem. if you have any disposition for a lower interferon level, and
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that is inherited and it's also acquired, you have a higher probability of having a very serious consequence and even dying. so it is hitting younger people. on average, they're not as sensitive as older people, but that doesn't mean the disease burden overall isn't increasing. the long-term impact of this pandemic is rising as many, many more cases appear. the relative resistance of young people is compensated for in terms of the health impact by the very large increase in the number of those young people getting infected. and it's young people, not old people, who are filling up the hospitals right now. >> there were 985 new deaths reported overnight. that number is now rising again. it is the opposite of ending the pandemic. the pandemic is surging in america right now. professor haseltine, thank you. margaret talev, thank you very much.
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other news this morning, the family of a black man who was shot and killed by philadelphia police is speaking out as we learn new details about the deadly encounter. we have a live report, next. experience helps you navigate what comes next. at university of phoenix, relevant life experience and eligible transfer credits can help you earn your degree faster and for less. see how much you can save at robinwithout the commission degfees. so, you can start. investing today wherever you are - even hanging with your dog. so, what are you waiting for? download now and get your first stock on us. robinhood.
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we have new details about the shooting death of 27-year-old walter wallace jr., who was killed by philadelphia police this week after reportedly walking towards them with a knife. wallace's family says he was experiencing a mental health crisis and that they had called for an ambulance, not police intervention. cnn's brynn gingras is live in philadelphia with more. brynn? >> reporter: yeah, alisyn, good
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morning. there are so many concerning questions in the words of the district attorney, the mayor, the police commissioner of philadelphia this morning, especially when you look at that video that has been widely circulated. now, we want to show you that video and you can see walter wallace has a knife in his hand. we're going to pause the video before we actually see the shots fired by two officers and we learned yesterday, there was a total of 14 shots fired. now, what you can't see in that video is wallace's mother crying out to her son to drop the knife, as were police, and also crying out to police to not shoot her son. a lot of emotion on that scene that isn't actually visible on that video, but we have learned from the family who tells cnn that they called an ambulance for help, saying their son was going through a bipolar episode and that they just wanted some de-escalation tactics. and that's one of the questions so many people are asking, even this morning, as why weren't those tactics in place?
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why did those two officers not have tasers on their toolbelt, as we learned from the police department? now, we also learned from this investigation that both of those officers did have body cameras on them. that the cameras were rolling and that is information that is going to be gleaned as part of two separate investigations that are ongoing this morning, one with the district attorney's office, separate from the internal one that's happening in the police department. but the family of walter wallace, 27 years old. they say he wanted to be a rap artist and they say they want his name to be heard. they don't want it to be connected to any violence that has broken out in the city really for the past two nights. and they are calling for calm. but again, another night, a second night, it was anything but calm here in philadelphia. i can tell you that we were part of protests on the west side of the city, west philadelphia, where police flooded that area, because that's where there was looting, concerns, incidents happening the night before. well, people really took some
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advantage and there was thousands of looters that attacked a different part of the city. that's not to say, alisyn, that there were no peaceful protests. we were part of one where they chanted walter wallace's name, calling for peace and change. and i will tell you that now the national guard is coming into the city to help for any future unrest. alisyn? >> it's just horrible on so many levels. i mean, the family called the police for help. and then all of this unfolded. brynn, thank you very much. we'll continue to cover it throughout the program. one week from now, the morning after election day, we may not know who won the presidential race. we have new details on when key states are expected to report their results. that's next. did you know you can go to to customizes your car insurance so you only pay for what you need? really? i didn't-- aah! ok. i'm on vibrate. aaah! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ thresponds to snoringse from automatically.
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all right. we are watching this very closely in the gulf of mexico. that is hurricane zeta right now. it is churning, it's strengthened back to a category 1 storm overnight. it is headed toward the gulf coast. and at this point, expected to
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make landfall as a category 2 hurricane, some time later today. this is the fifth named storm to hit the region. there is concern about storm surge, all the way from mobile bay and some people are suggesting even all the way to pontchartrain depending on the path of this storm. again, we're watching it very closely. so pennsylvania may be the most crucial swing state in the country right now. we have new information for you on how they will count their votes starting on november 3rd. that's next. zuckerberg: i really just care about building something that my
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girls are gonna grow up and be proud of me for. reporter: facebook ceo mark zuckerberg admits a "operational mistake" after the company failed to take down a page promoting vigilante events in kenosha.
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the complaint says one of the 6 main suspects, adam fox, live streamed a video on a private facebook group. zuckerberg: i go home and just ask, "will my girls be proud of what i did today?"
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as of this morning, more than 68 million votes have already been cast. that is more than half of the total 2016 vote. some states do not even start counting ballots until election day, meaning that it could take days for a winner to be declared. cnn's kristen holmes joins us now with new details on how votes could be counted in pennsylvania, which is a whole another wrinkle, kristen. >> good morning, alisyn. yeah, so we've long said that there will likely not be results on election night given the unprecedented nature of this election, and that's particularly crew in the critical swing state of pennsylvania, because they are not allowed to open, process, count, any of their more than 1 million mail-in ballots until 7:00 a.m. on election day. and it's not an easy process, it's getting through multiple envelopes, scanning, processing. so now we are hearing that there are different ways that
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different counties will actually count those mail-in ballots. for example, in philadelphia, in some of the larger counties, they're going to start counting those mail-in ballots at 7:00 a.m. that way when the polls close at 8:00 p.m., they have tens of thousands of ballots counted and they will have at least some results before they get to those in-person results and a later wave of mail-in ballots. some of these critical swing counties like erie county, cumberland county, they're telling us they may not start counting mail-in ballots until after the polls close, or even later. some of them saying they might not start counting mail-in ballots until the next day. i want to note something important. based on the election officials that i have spoken to, these decisions that are being made, many of them are to avoid any sort of allegation of impropriety. whether it be votes not being cast fast enough or counted fast enough, excuse me, or whether it be looking to skewed, based on who they count first. things to keep in mind, again, that these election officials are working diligently behind the scenes to make sure every single vote counts.
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>> one thing that's also important, there have been people pushing to begin processing those ballots before election day. republicans in the pennsylvania legislature have blocked that. they don't want this system to get started any earlier. think about that, kristen holmes, thank you very much for being with us. joining us now is cnn contributor, ben ginsburg. he is the preeminent republican election lawyer over the last three 20 years. also with us, cnn analyst jessica huseman. she is the preeminent election lawyer in america right now. not really a reporter, i should say -- >> or lawyer. >> reporting for propublica. so we have an esteemed panel with us today. ben, i just want the facts here. i don't want to play the ridiculous bs that the president is saying about ballots that arrive in time and might need to be counted after election day. i want to hear from you, as someone who has the scars, what is the truth about counting ballots after election day? >> the truth is that the count
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is never completed on election day. that even if you get a preliminary count out of a jurisdiction, there still is an elaborate verification process that does take a number of days. each state has a particularly specific canvas in which each count from each jurisdiction, each machine is looked at again and retabulated. and it takes several days to do. always has, always will. >> i do want to play the ridiculous bs the trump -- that the president is saying. >> oh, good. >> jessica, i'll give this one to you, because president trump doesn't seem to understand what ben just said. and he believes, or at least, peddles that everything has to be in by election night. so, for instance, he tweeted this week, big problems and discrepancies with mail-in ballots all over the usa. no evidence, does he offer.
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must have final total on november 3rd. so that's not true legally, it's not true historically, but what does it tell us about what the president and his team are therefore planning? >> you know, i think that they are trying to spread enough misinformation to suggest that they might file a lawsuit or cause other chaos on election night, if we don't know results when we traditionally do. and i continue to be stunned after reporting on this exact subject for four years, how little elected officials know about the system that elected them. and so i think that he's just showing more of his ignorance on election administration policies, and setting america up for a little bit of confusion and chaos, as polls close. >> the reason i actually don't like, for the record, reading the nonsense, is it creates this notion that there are two sides to this. and this is one of those things there aren't two sides to. there are, as ben ginsburg said,
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one factual basis here about how ballots have always been counted. and i don't know that it serves the purpose to let someone say something that is so blatantly false here. ben, a lot of other interesting things are happening in terms of the courts and laws right now in michigan. there was an effort to keep guns away from polling places. now a judge there has ruled that you can't ban guns from polling places. the legal issues surrounding this, sir? >> well, there is a state law that does allow open carry. and the judge says at the end of the day that that state law rules. you know, there's a tie-in in the trump rhetoric that we were just talking about, which is, you have to understand that it isn't clear that the president does, that it is not a federal election system. that, in fact, each state and each jurisdiction has control over its own elections. so there may be something like a michigan gun law that goes into effect, but at the same time, how a state counts its ballots
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is a matter of state law. you just can't say from the federal level, i'm worried about fraud, therefore anything that comes in later doesn't count. each state has its law that says that those ballots do count, or that you can carry guns into a polling place or not. >> and just so that you understand my thinking of playing the bs, is because if we were just going to have people say truthful things on this show and not allow false statements, our show would be five minutes. >> and the president is winning. >> but we fact check. that's what we do. >> it presents this issue where you get the claim out there. and all we want is the claim out there. it floats out there. and enough people hear it and don't -- >> and then ben ginsburg shoots it down. they clarify for everybody listening exactly what the rules are. ben, this is why you need to be a mediator still to this day. >> he's an election lawyer, not a divorce lawyer. >> okay, good point. >> thank you for making that clarification. >> jessica, what about this
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pennsylvania thing? the fact that erie and cumberland counties are not going to start the mail-in drop-off ballots until that night at 7:00 -- election night at 7:00 p.m.? that might be the preponderance of the voting. why are they doing that? >> you know, it's simply a matter of time. and a matter of this county has decided that these ballots can get counted in a reasonable amount of time. i think that there isn't a clerk in america that wants their county to be the last to call in their state, so i think that we should assume that county election administrators are doing the best that they can. but if we're being fair, they've been given very few resources by which to do that. the state has not really meaningfully increased the amount of time that they have to process and count absentee ballots. and all of that has to happen on the same day that they're holding an in-person election. so you know, the number of election volunteers is finite. and you have to work with what you have.
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>> jessica huseman, ben ginsburg, thank you for being part of this family. >> doing double duty. >> we appreciate both of your time. it's great to see both of you. thank you. "new day" continues right now. >> announcer: this is "new day" with alisyn camerota and john berman. >> and we want to welcome our viewers in the united states and all around the world. this is "new day." election day, just six days away. and we are setting a record in terms of early voting and in terms of a surge in coronavirus. more than 73,000 new cases just yesterday. in the last week, a new record of more than half a million americans have tested positive. 40 states are seeing cases rise. that's another record. and 14 states reporting their highest level of hospitalizations. some are near capacity. the virus spread in wisconsin is prompting the governor there to warn residents of an urgent crisis and imminent risk to families. >> the


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