Skip to main content

tv   All In With Chris Hayes  MSNBC  November 10, 2018 5:00pm-6:00pm PST

5:00 pm
that fact. its "hardball" for now. thanks for being with us. tonight on all in. >> whoa! i didn't know what happened. >> bombshell reporting from the "the wall street journal." >> when it comes time for the financing which will be -- >> what financing? >> tonight, the new report that the president of the united states himself directed a criminal conspiracy to help get himself elected. >> we'll have to pay cash. >> no, no, no. >> then, i can tell you matt whitaker's a great guy. i know matt whitaker. >> the president caught pretending he doesn't know the man he appointed to oversee the mueller. >> matt whitaker, i don't know matt whitaker. >> and the growing bipartisan fears over what matt whitaker is up to. >> do you want him to rein in robert mueller? >> what a stupid question? >> all that and the fight to count all the votes in florida.
5:01 pm
>> let's count every vote, and let's bring it home. >> a brand-new vote count in arizona and stacy abrams campaign manager on her fight to force a runoff. >> we believe our chance for a stronger georgia is just within reach. >> when all in starts right now. good evening from new york, i'm chris hayes. there is palpable panic and desperation emanating for the president of the united states from his enables in the republican party as well. in a possible dry run for 2020, trump and his allies are now making unhinged claims of electoral fraud despite a total lack of evidence. his effort to short circuit the vote counting in florida, arizona and georgia seems to be a rear guard attempt to thwart possibly democratic victories in the wake of a midterm election that looks with each passing hour more and more like a democratic blowout. much more on the ongoing races later in the show including the absolutely crazy situation developing in florida and the
5:02 pm
increasingly good news for democrats coming out of arizona where the lead for kyrsten sinema has been growing. with his back against the wall, trump's attempt to replace jeff sessions at the justice department with a lackey appears to be blowing up in his face. with each day bringing new and wildly damaging headlines including the revelation, the fbi is currently investigating the company where he was an advisory board member, momentum has been building against acting attorney general matt whitaker with the backlash reporting prompting concern at the white house. then there's today's huge news from the "the wall street journal" concerning this lie from the president. >> did you know about the $130,000 payment to stormy daniels? >> no. >> then why did michael cohen make it? >> you have to ask michael. he's my attorney and you'll have to ask michael. >> do you know where he got the
5:03 pm
money to make that payment? >> i don't know. >> no idea. nothing to do with it, no. well it appears that trump didn't just know about the payment, it appears he directed it and there's reportedly proof of that. a blockbuster report published today from the journal reveals that trump played a central role in the hush payments to both stormy daniels and karen mcdo mcdougal and federal prosecutors have evidence of campaign finance laws violation. one of the crimes that michael cohen pleaded guilty to in federal court was making those hush money payments in violation of federal campaign law. he said under oath in that court that the president himself directed those illegal payments and now we know the prosecutors have evidence to back him up. and that crime, and that's what it was, it was a crime, it was material to the president's victory. in fact, crucially, it was one of two different criminal
5:04 pm
conspiracies designed to get president trump elected, one involving russia, which is resulted in at least 28 guilty plea pleas or indictments so far and one involving the hush money in which the president is now directly implicated. with me now is "the wall street journal" reporter rebecca davis o'brien. incredible reporting. >> thank you. >> so, okay. how involved, according to your reporting and according to the evidence your reporting suggests, how involved was the president in the hush money payments? >> as you mentioned just to step back for a second, when michael cohen stands up in federal court and says he does it at the direction of the candidate, we all say that's donald trump and we spent the last few weeks, months trying to figure out what at the direction of donald trump looks like. as we've reported and people kind of widely know, donald trump is very careful with his money, so it wouldn't be totally surprising if he was aware of how money was directed -- >> these are six figure sums and
5:05 pm
the idea that checks are just being written and donald trump who is notoriously stingy is like, whatever. >> right. how can we figure out what exactly that meant when michael cohen said that in court? it looks like from the very early stages of his campaign he was, mr. trump was concerned about he and his advisers concerned about potential women coming forward and he reached out to his friend david pecker in august 2015 and the rest is outlined in our story is history. >> what you outline in the story is beginning with the meeting with david pecker saying what can you do for me, he was at the center of the efforts to direct hush money to keep women quiet. >> we say that he was aware of or direct participant in and briefed on all of those -- all these various -- the arrangements as they came together. >> well, let me ask you this. what evidence, according to your reporting, does the southern district of new york which has a case against michael cohen -- he's pleaded guilty, what evidence do they have of this? >> we don't know all the evidence, but its -- our article
5:06 pm
includes one detail which is even before michael cohen pleaded guilty, they had what was at one point an 80 page draft indictment that included more information about what mr. trump was -- what his role was. we know that going into that guilty plea they had that tape in which michael cohen and donald trump were discussing the payments or buying the karen mcdougal story and since the plea, michael cohen has we report has been speaking to them and presumably opening up a little bit more as we reported, telling a little bit more about the background of those payments. >> let me just play to remind people about the tape because the interaction shows they're talking about this. take a listen to the tape. >> i need to open up a company for the transfer of all of that info regarding our friend david, you know, so that -- i'm going to do that right away. i've actually come up. >> give it to me. >> i've spoken to allen
5:07 pm
weisselberg about how to set the whole thing up, when it comes to the financing -- >> what financing? >> we'll have to pay -- >> pay with cash -- >> no, no, no. >> that's the discussion. i think its important for legal purposes, one of the things michael cohen pleaded guilty to in federal court was a criminal violation of campaign law because that was an illegal donation made to the trump campaign, correct? >> in kind campaign contribution. >> so potentially if donald trump weren't the president of the united states, if he were the campaign manager and told michael cohen to do that there's potential legally liability to instructed the person to do that? >> even if donald trump weren't president, there's a question of state of mind. i'm not the legal expert here, but there's definitely a question of, you know, michael cohen and now we know the prosecutors have sort of suggested -- or not suggested said more strongly that the president of the united states may have been committed a crime.
5:08 pm
>> yes. >> i have to be careful. >> you are, but just so people are clear, great reporting and thank you. >> thank you so much. with me now the is jamie raskin of maryland, also a member of the oversight committee. democrats are just about to take the gavel in january and just won this big victory want to be very careful. there's a story in "the wall street journal" that suggests strongly there's evidence the president helps committee a federal crime. >> that's right. well, just to underscore what you start off with, we want to get back to the business of the american people and we want to deal with all of the crisis that are engulfing american now like the crisis of gun violence, the decay of our infrastructure and so on and we're putting that first. having said that, obviously we cannot ignore crimes that are taking place at the highest levels of government. chris, there's only two parts of federal campaign finance law that are really left. one is a ban on direct corporate
5:09 pm
contributions to federal campaigns and the other is a limit of $2,700 for individual contributions. those $130,000 payments, tens of thousands of dollars going to the president's mistresses from either corporations or individuals completely violate the campaign finance laws and this reporting suggested the president was directly involved. that is a federal crime. that's a felony for the president to or for anybody to be involved in deliberately circumventing the campaign finance laws and we have every indication that that's what's taking place. i suppose the question of fact will be the president saying, well, i was trying to protect my marriage if it ever got down to it versus i was trying to advance my campaign. that's a question of fact that a judge or a jury would have to determine, but it is of relevance here that the president used to brag frequently of his affairs and, you know, various row
5:10 pm
manhattanic entanglements while he was married in the press. he didn't make much of an effort to cover them up until he was running for president and it was right in the heat of the campaign that they directed the money -- when the hush payments were being made. >> weeks before the campaign and i think that's part of the fact -- sort of the factual record that made it difficult for michael cohen to avoid a guilty plea on precisely this question. he has pleaded guilty and stipulated that this was an illegal campaign donation. >> right so -- you know, in the -- in trump's crimes maybe this isn't the top five but its probably in the top ten and its something that americans have got to take very seriously -- >> just to be clear, you're on the judiciary committee. i know that, you know, the president's done a lot of stuff and he's done a lot of awful stuff and maybe done a lot of legal stuff. there's evidence here of the president's involvement in committing the crime and you're on the committee that starts
5:11 pm
impeachment proceeding which is the only recourse for the president being a criminal? >> that's right. this would be the clearly number one offense we'd be dealing with. its an extraordinary crime -- >> it pertains materially to his victory in the election. it doesn't -- its not just some random thing he did it. he did it in the days of election. he won by 77,000 votes across three states. >> understand that what we have here is a concealment of campaign payments. it was in effects an in kind campaign contribution that went from this corporation to the mistresses in order to purchase their silence to basically cover-up their stories and to nullify the political impact of them. the prosecutions been brought on the exact same theory before. it was brought against john edwards in his campaign and this is the exact same thing, except i think there's even a much more dramatic and vivid paper trail here of what actually took
5:12 pm
place. >> final question, if in fact the president did this, let's stipulate that he did, is it a high crime and misdemeanor in the context of the constitution? >> well, again, you've got to look in the context of everything that was taking place in the campaign, but i would think that deliberate violations of federal campaign finance laws that have been in place for decades that were well understood could constitute a high crime and misdemeanor, an assault against the rule of law and assault on democracy. >> all right. thanks for being with me. >> you bet. joining me now for more on where things stand, matt miller former spokesperson for the department of justice. let me start with you about sdny. you worked there? >> yes. >> i don't want to read too much into this story coming out now, but it does strike me that matt whitaker takes over the department of justice. sdny has an active investigation
5:13 pm
and apparently has some goods and its not an accident that we're learning about this now as they may be worried about what the new acting attorney general is going to do? >> by leaking this, this is some sort of a safeguard that if this investigation gets tanked or shut down that at least in the court of public opinion the information is out there. i think its unlikely that the prosecutors themselves were the ones that were actually leaking the stuff about this investigation. these are pros. they deal with this type of high sensitive investigations all the time. i really can't imagine that this kind of leak is coming from the southern district. >> matt, what do you think about this -- we've talked a lot about the mueller investigation with respect to matt whitaker. we know his thoughts on that and today is a reminder there's another investigation happening separate and parallel to the mueller investigation into criminal activities surrounding the president that's already gotten some guilty pleas in the southern district. how insulated is that from the whims of the new acting attorney general? >> it really depends what he tries to do whether he wants to
5:14 pm
reach into the southern district of new york and give them direct orders under this. i will tell you sdny did not earn the nickname sovereign district of new york for no reason. they like to function sometimes as they are -- as if they are completely independent from the rest of the justice department and u.s. attorneys, i think a lot of people miss this. they don't have to get approval from superiors at the justice department to bring indictments. they will often brief them on big cases but if there's any office that's known for not doing that, for giving you a heads up at the last moment, its sdny. i would think they would already have been very sensitive with dealing with main justice on this case. the removal of the attorney general and his replacement by someone that's obviously a political stooge there to protect the president. there's not a lot of debate about that at this point. i think they're very careful especially sense for the purposes of this investigation, the u.s. attorney who's a political appointee of the president is recused and its being overseen by a career official who i think will be very careful, will try to move on his own and to the question
5:15 pm
you asked, i doubt -- i tend to agree that it probably wasn't the prosecutors that leaked at this point, but if they start to feel they're being leaned on by doj in an inappropriate way, you'll see a repeat of the comey example where there will be a lot of memos written and a lot of leaks to the press. >> on the law, on the subject of the law, i want to ask you a question i was asking rebecca a moment ago, if this was the campaign manager and not the president of the united states, a normal dude, and you had these facts, would that person be facing criminal exposure? >> assuming that you had the facts and the witnesses that can support them -- exactly. absolutely. we know they're the type of charges that would be brought because they charged michael cohen with these types of crimes. absolutely. i think we can maybe safely assume that they are not gearing up to indict the president -- if this was somebody who was not the president who had committed similar type of crimes, absolutely, this office would 100% be bringing these types of charges. they are aggressive and they
5:16 pm
are, you know, apolitical. this is an office that charges people from both sides of the aisle without any regard to political party. they are, you know, aggressive, but only when they have the evidence to back it up. so if the facts were there, i would absolutely think they would be bringing these charges. >> matt, all of this is happening in the context of just the sheer insanity of matt whitaker being the acting attorney general of the united states. we have a story today, the story today, the fbi has an open criminal investigation into like the scam operation that was shut down by the ftc that bilked people millions of dollars that he was on the advisory board of. this is the chief law enforcement officer of the united states of america. >> yeah. its absurd. not only -- its not just a problem that he was on the board of this company, but he actually used his position as a former u.s. attorney to try to threaten a customer of that company who was trying to blow the whistle and threatened to go to the better business bureau. there's this email now in the public record.
5:17 pm
you can go down the list of all the reasons why matt whitaker shouldn't be attorney general, views completely outside the mainstream, this record with basically a scam company that was shut down bill the ftc and obviously the biggest ones is that its clear that the president skipped the deputy attorney general, the solicitor general, the senate confirmed heads of the national security division, you can go down the list and put this person in place is because of his documented public hostility to the mueller case. now to get to what that means for sdny i go back to the point that people there will be watching this very closely, will be very nervous and they will be making decisions in the coming weeks that if i don't technically have to go to main justice for anything, i'm not going to and the last question i really have is, what is the end game look like for them? is it some joint report with rear-view mirror that goes to congress? is it a grand jury report? we don't know the answer to that but i'm sure they're the answers thinking through since they can't indict the president. >> all right, rebecca and matt, thank you both for being with me. coming up, much more on the
5:18 pm
growing bipartisan fears for president trump's pick for acting attorney general. the president pretending he's never even met the man. is matt whitaker in trouble? that's next. you've got a good record and liberty mutual won't hold a grudge by raising your rates over one mistake. you hear that, karen? liberty mutual doesn't hold grudges. how mature of them! for drivers with accident forgiveness, liberty mutual won't raise their rates because of their first accident. liberty mutual insurance. liberty. liberty. liberty. liberty. ♪
5:19 pm
when your blanket's freshness fades before the binge-watching begins... that's when you know, it's half-washed. next time, add downy fabric conditioner for freshness that lasts through next week's finale. downy and it's done.
5:20 pm
[ready forngs ] christmas? no, it's way too early to be annoyed by christmas. you just need some holiday spirit! that's it! this feud just went mobile. with xfinity xfi you get the best wifi experience at home. and with xfinity mobile, you get the best wireless coverage for your phone.'re about to find out! you don't even know where i live... hello! see the grinch in theaters
5:21 pm
by saying "get grinch tickets" into your xfinity x1 voice remote. a guy just dropped this off. he-he-he-he. . today after a 48 hour barrage of criticism of his pick to be acting attorney general, donald trump claimed he had not talked to matthew whitaker about the mueller investigation. >> have you talked with matt whitaker at all about the mueller probe? >> i didn't speak to matt whitaker about it. i don't know matt whitaker. matt whitaker has a great reputation and that's what i wanted. >> okay. there are three factual statements made there. i didn't talk to him about
5:22 pm
mueller. i don't know matt whitaker and he has a great reputation. two of the three are provably false. matt whitaker zdoes not have a great reputation. they said quote he's an fin fool. he's spent so much time trying to suck up to the president to get here. whitaker was on the advisory board accused of scamming millions from customers, a customer that is still actively being investigated by the fbi according to the "the wall street journal." that alone should disqualify whitaker from leading the justice department. as for trump not knowing him, let's check in with "fox and friends" when president trump called in a few weeks ago and steve doocy asked him about this when he was thinking about replacing sessions with whitaker. >> anything to that story? >> well, i never talk about that but i can tell you matt whitaker's a great guy. i know matt whitaker, but i
5:23 pm
never talk about conversations that i had. >> wait, what? for clarification, let's just play what the president said today and what he said a few weeks back ago back-to-back. >> i didn't speak to matt whitaker about it. i don't know matt whitaker. i mean i know matt whitaker. >> i mean i know matt whitaker. >> i don't know matt whitaker. >> i mean, i know matt whitaker. >> 18 attorneys general called on whitaker to recuse himself. massachusetts attorney general laura healey. so what is the case that you lay out in the letter, why write this letter to the attorney general? >> chris, i just think its really important that as prosecutors we step forward and state what i think is evident to the american public and that is, we need a justice department that the public can trust and can rely on. this isn't a partisan issue, this isn't a matter of democracy and the rule of law and if matthew whitaker was installed
5:24 pm
to interfere or impede the mueller investigation, that's illegal and it sure sounds like obstruction of justice. and they're basic -- beyond that, chris, there are basic rules around the ethics that govern prosecutorial conduct and he is way over the line and absolutely should not only be recusing himself, but i think based on what we've learned today, you know, the deputy ag should be appointed again in charge and there should be a process in place for the appointment of an acting attorney general. >> is your objection based on just the appearance of imappropriate based on public record of statements he's made? is that enough? >> absolutely. our job is really to guard the impartiality, the integrity of rules. that is why we came together as the chief law enforcement officials in our states as prosecutors who understand those obligations to say, this is so wrong. its so wrong and as a matter of
5:25 pm
rule of law, its so important in terms of the public trust here. this needs to be called out and called for what it is. >> there's a growing chorus of folks, some people who are at the justice department both liberals and conservatives saying that this appointment actually isn't even constitutional, its not legal because the attorney generals a principal officer in the view of the constitution and the senate has not offered its advice and consent because he has not been senate approved. there's a bunch of people making this argument. you're someone in the position that could do something about that. i wonder what you think of that argument. >> i think those are absolutely correct arguments and i think they point out what is so wrong with this. it is illegal, its unconstitutional and you know as with so many things we've seen from this president, we're facing a situation that just hasn't occurred before. let's just remember, there is no precedent for appointing an acting attorney general who's never been vetted or confirmed
5:26 pm
by the senate. we're in foreign territory right now. a as prosecutors, we need to be clear about what the law requires and what the obligations of the attorney general are. the attorney general is not the president's personal lawyer. it runs the department of justice on behalf of the american public and to the extent there's been interference that not only is possibly an obstruction of justice, chris, but it raises serious legal and constitutional questions. as ags, we have to take whatever action is necessary, but my hope is that with the growing consensus around this issue, matt whitaker steps down, deputy attorney general steps in and is in charge and we can be on to a process of vetting and properly appointing an acting attorney general. >> all right, thank you very much. >> good to be with you, chris. still ahead, the republican fight to stop counting votes. stop counting votes in the florida election continues as democrats draw even closer.
5:27 pm
we'll show you why rick scott and ron desantis are getting nervous with two people that know exactly what's happening in florida. its confusing. next. super emma just about sleeps in her cape. but when we realized she was battling sensitive skin. we switched to tide pods free & gentle. it's gentle on her skin and out cleans the other free and clear detergent. dermatologist recommended. it's got to be tide. [sneezing] ♪ you don't want to cancel your plans. [sneezing] cancel your cold. the 1-pill power of new advil multi-symptom cold & flu knocks out your worst symptoms.
5:28 pm
cancel your cold, not your plans. new advil multi-symptom cold & flu. at, we can't guarantee you'll good at that water jet thingy... but we can guarantee the best price on this hotel. or any accommodation, from homes to yurts.
5:29 pm booking.yeah i'm a musician about to embark on a concert tour,r. with the majority of which will be down south. atlantic city? the deep south. this thanksgiving... in the deep south, there's gonna be problems. when you see me worried... tony. you'll know if i'm worried. how about some quiet time. it's amazing you said that, my wife used to say that all the time. their journey inspired an unexpected friendship. i don't think i ever met anyone with your appetite. [ laughing ]
5:30 pm
republicans from the president on down are united in their attempt to stop counting votes in florida senate and gubernatorial elections before the final tally. donald trump today echoing the baseless claims of florida governor and senate candidate rick scott who accused election staff with no evidence of fraud, even talked about getting law enforcement involved, even while
5:31 pm
votes are still being counted. right now, scott is ahead of senator bill nelson by just 15,000 votes. here to explain exactly what is going on in florida, democratic strategist and florida elections expert steve shale and mitchell berger, a former senior adviser. steve, let me start with you, where are we right now? there's a deadline tomorrow, right, for all the counties to report their totals, is that right? >> so 62 counties in florida have reported their totals -- 60 counties. seven to go. they got till noon tomorrow. the state will certify preliminary results that will not include the overseas and absentees which could have another week to come in. at that point the secretary of state will order a recount, machine recount first. that will begin on sunday. >> let me stop you there, because you said there are seven counties, so its not just broward county that's not yet reported? >> correct. there's seven counties that are still yet to report that are finishing up basically provisionals, four of them actually went for senator
5:32 pm
nelson, three for governor scott. they ranged from the northern part of the state all the way down to broward county, so a few more to go. >> they've been focusing a lot on broward county as if they're the crazy outlier and what the hell are they doing down there? >> yeah. that's right. this morning, for example, there were 37 and as mitchell can get in to, it is a process here. most of these counties get through election day on the wednesday, they go through the vote by mail ballots they get on election day and broward they got 18,000 which came in the day of the election and that process has to work itself through and provisional ballots. this process hasn't worked well in the 24 hour news cycle. there is a process. counties are meeting it and by noon tomorrow will know where things are. >> you were a lawyer for the derm party down there during this. what do you think of the governor's allegations of criminal activity and fraud and the president and everyone saying that the broward county officials are stealing this election without evidence?
5:33 pm
>> this is no different -- its "rocky ii," except, "rocky ii" is not as good as "rocky i." its the same thing that occurred in 2000. it is always an attempt to place the process into question as opposed to honoring the vote and that only occurs because they don't wish to have people vote or have votes counted. >> but, i hear both of you saying like there's a process and this is like bush v. gore, they won that back at that time because they did like win the war of the news cycle and they sent a bunch of people in khakis to riot outside vote offices. >> if that's how you wish to run a democracy, that's, you know -- then that's great. rule of law or rule of force. rule of law's a much better way to run a constitutional republic then, intimidating people and having people be -- be forced --
5:34 pm
they tried to do the same thing today in broward county as the brooks brothers riot. they tried to have people storm the supervisor of elections office. this is not the way to run the world's greatest constitutional republic, obviously. >> so what do you expect happens next, steve? there's going to be reporting tomorrow and then that will be sort of like the prefinal count without overseas and military ballots? >> correct. tomorrow will have three statewide elections that will fall under the recount process. we'll begin -- every ballot is run through the scanner again. ballots that have issues will be set aside. at the end of that process, we'll count again and see where we are. any race that is under the quarter of a point which will be the both the senate race and agriculture race, they'll go back and inspect all those overvotes and undervotes and there's issues in broward with the ballot, we're not sure if
5:35 pm
the machines not counting. we'll get a chance to see what those look like and we'll have a better idea if they can change or not. >> mitchell, there's this undervote problem. there's this very weird anomaly in broward county, 3.7% of voters voted for governor and not senate. that doesn't happen anywhere else in the state as you can see in that graphic. what is your sense of what -- what caused that? >> it seems that the optical scanner didn't pick up the senate race, so by running the ballots back through the machine or counting them by hand, we will see what happened in the senate race for those votes -- >> so you think that's -- that is a situation of a scanner malfunction, that could be as many as $30,000 votes? that's a lot of votes. >> right, its a scanner -- its a ballot design issue coupled with a scanner malfunction. its if you took the sat test and
5:36 pm
the scanner didn't see the last five questions that you -- that you did, so that what's -- >> let me ask you this, steve. again, as the full fuselage of right wing fury is brought down from the president to trump tv on down, are you just -- are you confident that like that won't get to anyone and the process will play out and we'll actually know what the actual votes are? >> chris, as you know, i've been trying to beat down conspiracy theories on twitter all day and its frustrating. all we're doing here is putting a questionable legitimacy of the election. i can't defend the broward supervisor elections communication process. they've not done a good job of where things are and that's created a space for this. the reality is, there's a process. we're in the middle of it. there's seven counties that have to finish. we'll know where we stand on at noon tomorrow and most importantly, this recount is going to give both sides what
5:37 pm
they need in terms of feeling like this is legitimate. if we don't go through this process, everybody's going to feel like this thing was rigged. we need the recount, frankly, to give folks confidence in our system. >> thank you so much for that. coming up, the campaign chair for stacy abrams on that campaign's fight to force a runoff joins me next. (burke) fender-biter. seen it, covered it. we know a thing or two because we've seen a thing or two.
5:38 pm
♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ opportunity is everywhere. like here. where you can explore the world knowing you can always find your way home.
5:39 pm
discover.o. i like your card, but i'm absolutely not paying an annual fee. discover has no annual fees. really? yeah. we just don't believe in them. oh nice. you would not believe how long i've been rehearsing that. no annual fee on any card. only from discover. on the new sleep number 360 smart bed. it senses your movement and automatically adjusts to keep you both comfortable. and now, the queen sleep number 360 c4 smart bed is only $1299 - save $400.
5:40 pm
plus, 36-month financing. ends monday. (burke) seen it, covered it. we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ . three days after the election we still have no winner in georgia's race for governor and a fight is raging over making sure every vote is counted. republican brian kemp currently has 50.3% of the vote and he's declared victory but democrat stacy abrams's campaign says there are enough votes still outstanding to potentially bring that number under the 50% needed to avoid a runoff. kemp resigned from his post as secretary of state yesterday following a lawsuit.
5:41 pm
secretary of state kemp oversaw an electoral system notorious for implementing measures making it harder to vote including purging more than 1.4 million voters from the rolls and putting 53,000 registrations on hold right before the deadline to register for the midterms. for more on how the abrams is fighting to get a runoff election, i'm joined by the campaign manager for stacey abrams. first, where do things stand right now? >> thank you for having me, chris. i want to just start by saying that from the beginning of this campaign, we premised our entire operation on that every single vote mattered and that the millions of george georgiaiians not participating, that we had a candidate and a cause worth fighting for and voting for. nearly 4 million georgians have cast a ballot and the former
5:42 pm
secretary of state oversaw his own election and his last act as secretary of state was using that taxpayer funded position to issue a press release to declare himself the victor, today in georgia on my way here, chris, my team briefed me on their efforts this week. my large field campaign, our lawyers, our volunteers have been diligently going into each of the 159 counties in the state of georgia, working with elections officials and voters to collect stories and data, to find out how many ballots or outstanding, to find out how many remain to be counted in this race, and that number is exactly -- i want to give you the exact number, is 30,823 and this is a minimum number of outstanding ballots. that does not include -- >> let me stop you there. i just want to understand what's going on. you're saying there's 30,823
5:43 pm
outstanding ballots that you have determined through your personal campaign staff going to each county and talking to electoral officials, is there any official tally from the state or from the counties reporting what the outstanding ballots are? >> currently on the secretary of state's websites, it reports that there are approximately 21,000 outstanding provisional ballots. there is no list associated with those numbers. it is just a number broken down by county. here's the reality. each one of the 159 counties has a handwritten paper list of voters who cast an emergency paper ballot or provisional ballot. so our team, because the secretary of state has refused to make that data public, has been literally going in and taking pictures and making copies of these handwritten lists that were collected in
5:44 pm
precincts across the state on election day and they've tallied those numbers up, along with data analysis that we have done on outstanding early votes and mail ballots and our current best guess is that there are at least 30,800 outstanding ballots. this does not include the military and overseas ballots that in georgia had to be received by the end of today. that number i gave you does not yet include those numbers and it doesn't include potentially other hundreds and thousands of provisionals that are stacked up in a corner or data glitches. we have seen an unbelievable number of irregularities and problems voting that are directly linked to brian kemp's horrible election administration, with 16-year-old machines that were breaking down throughout early vote, breaking down throughout election day and that's why we had over four and a half hour waits in -- on
5:45 pm
election day mainly in democratic precincts. i can't even tell you. friday night the last day of early vote, after we had the obama rally, stacey and i raced across town to a mall in south dekalb county where voters had been lined up for over three hours, the mall was dark, chris. it was shutting down and there was a line of folks woven throughout that mall. i talked to women who were there with their toddlers, fathers there with their teenagers cued up in this line waiting to cast their ballot because there weren't enough machines or enough paper. this is outrageous. and brian kemp literally his consultants and the taxpayer funded folks at the secretary of state's office issue a press release and expect us to take that at face value after he has attempt after attempt after
5:46 pm
attempt to suppress the votes. so we are outrage the and we'll fight for every single vote. >> we'll check back in with you as you do that. thank you for joining me. >> thank you so much, chris. coming up, following major losses on election night, the president is acting out in furious desperation. u.s. it's america's most popular street name. but allstate agents know that's where the similarity stops. if you're on park street in reno, nevada, the high winds of the washoe zephyr could damage your siding. and that's very different than living on park ave in sheboygan, wisconsin, where ice dams could cause water damage. but no matter what park you live on, one of 10,000 local allstate agents knows yours. now that you know the truth, are you in good hands? let's do an ad of a man eating free waffles at comfort inn. they taste like victory because he always gets the lowest price on our rooms, guaranteed, when he books direct at or just say, badda book. badda boom. book now at
5:47 pm
5:48 pm
5:49 pm
. at this very moment, votes are still being counted in the arizona senate race as elections officials process all the mail-in ballots. right now democratic kyrsten sinema has a lead of 20,000 votes over martha mcsally and there's a growing sense of both parties that kyrsten sinema could win the seat which is currently held by jeff flake. republicans are desperate to stop that. the president said accused arizona out of nowhere and with no real reason of electoral corruption and also nonsensically floated an idea of an entirely new election which is not how any of this works.
5:50 pm
a sort of compromise about how to go forward. there was least one arizona republican that's not on board with the party's attempt to squash the vote. easy gop. i am one of those mail-in ballots. i was under the saying this. coming up, from arizona to florida the blue wave the house's increasingly eradict dangerous reaction to losing on tuesday, next. erous reaction to tuesday, next. (music throughout)
5:51 pm
howdoing great dad!r does this thing got? looking good babe! are you filming. at, we can't guarantee you'll be any good at that water jet thingy... but we can guarantee the best price on a hotel, like this one. or any home, boat, treehouse, yurt, whatever. get the best price on homes, hotels and so much more., booking.yeah yes. it's a targeted medicine proven to help prevent severe asthma attacks, and lower oral steroid use.
5:52 pm
about 50% of people with severe asthma have too many cells called eosinophils in their lungs. fasenra™ is designed to work with the body to target and remove eosinophils. fasenra™ is an add-on injection for people 12 and up with severe eosinophilic asthma. don't use fasenra™ for sudden breathing problems or other problems caused by eosinophils. fasenra™ may cause headache, sore throat, and allergic reactions. get help right away if you have swelling of your face, mouth, and tongue, or trouble breathing. don't stop your asthma treatments unless your doctor tells you to. tell your doctor if your asthma worsens or if you have a parasitic infection. fasenra™ is a targeted treatment for eosinophilic asthma. that's important. ask an asthma specialist about fasenra™.
5:53 pm
so a and as if thatyour brwasn't bad enough,tals it. now your insurance won't replace it outright because of depreciation. if your insurance won't replace your car, what good is it? you'd be better off just taking your money and throwing it right into the harbor. i'm regret that. with new car replacement, if your brand-new car gets totaled, liberty mutual will pay the entire value plus depreciation. liberty mutual insurance. ♪ liberty. liberty. liberty. liberty. ♪ this week, donald trump lost a big national election for the
5:54 pm
very first time and he's reacting in a wildly dangerous fashion, watching systematic assault on every independent authority outside of himself, associates and supporters. from the doctor video that started on the website that white press serkt sanders tweeted out. to a blatant tack on the justice department, firing jeff sessions, putting in whit acker. donald trump is acting like a man who is cornered and dangerous.whittacker. donald trump is acting like a man who is cornered and dangerous. there are many weeks in which the president acts in a strange and unhinged fashion it's the assaults on basic pillars of democracy this week seem extremely acute. what do you make of it. >> i think we seen the first day after the press conference is
5:55 pm
this is a president that has convinced himself that tuesday gave him a mandate and he won or is it a president who is in panic mode. as each day passes this appears to be a president in panic mode. from his acosta, from his comments at the press conference, to the white house lawn, to the sfiering of jeff sessions and what we're seeing with matt whittacker this is a president whether they won or loss on tuesday this is a barn-burner for him now. i expect he will engage in the recount or the election in arizona. this say president who is now woulding to go full throttle and will take time to figure out exactly what his motivation is. >> i saw a coalition, a lot of pro tests widespread across the country about the firing of jeff sessions. and independence of judiciary
5:56 pm
why did you cross the red line. >> his firing of sessions and putting in whittacker who is clearly a loyalallist who said he will not recuse himself which is clearly why he was chosen but who said he doesn't believe in the mueller investigation. that's a red line for us. one thing, we've been really doing this for a long time, getting ready for this moment, we had more than 400,000 people sign up months ago with over a thousand events all across the country and we were just waiting, we knew what donald trump was going to do, he's very predict bel and unpredictable in the same way and he crossed that line and we launched it with a thousand events across the country with well over a hundred thousand people showing up. people are speaking their minds. they're not tired. they're ready. that's why we saw this voting
5:57 pm
blue wave because people wanted to have a check on this administration. >> david, how dangerous. i'm always two minds about the president's tweet, at one level this is horrifying, the other is, he's the guy at the bar. to your mind, how dangerous is the under mining of the electoral system that he and marco rubio and others in the republican party seem engaged in in florida. >> thank you for that question because it's very subtle. here's why it's so important to have this conversation, trump and rubio and scott elect fraud understand what's happening, they are taking legitimate concerns about timeliness and competence about supervisors in elections and con flating that with allegations of criminal fraud which they have no evidence. . i would say if you have evidence of fraud, put up, or shut up. because what you're doing is
5:58 pm
under mining what say fair counting, not a recount, a fair counting of every ballot that has been cast. this is the problem. this is the trump-element in the republican party. what we saw from rick scott last night is disgusting how donald trump has turned this republican party and i believe turned marco rubio and rick scott at the same time. >> what is your thoughts on providing constraints in president's actions in anti-democratic action in this parallelous moment. >> i think the beauty what happened on tuesday is it changed the win we had on winning back the house and other wibs across the country is that we now have a check on this administration and also it will change the trajectory of trump's presidency. that's what's important. we just have to continue to push congress and continue to let them know that we have their back an that they need to be an over sight on this president and
5:59 pm
also they need to do their constitutional duty and there's so much more fight to be had. . two months is like six years away. so we have to continue to push and be out there and continue to fight. >> yeah that gap between the election and the actual vesting of power is a perilous one we're in right now and a lot of people are concerned what happens in that gap between with the president acting in that gap. thank you both. >> thanks. >> before we go exciting news. next weekend we'll be recording our first ever live episode of our podcast, with my special guest tawny ozzie coats. ne sunday in brooklyn. find all of the details on our facebook page. we're hoping this is a first of many, so, stick around. that is all for this evening, rachael good evening. >> have a spectacular weekend.
6:00 pm
my friends. >> you too. >> thanks for joining us on this hour. it's friday. friday's are often a little nutty. this is one of those friday nights so this different kinds of big news stories are happening all at once. nearly a quarter million people have been evacuated ought off their homes because of fires. included in densy populated california. places like paradise, california, in the sierra footballs was completely overwhelmed with fire with terrifying speed. five people have died while trapped in their cars