Transcripts For CNNW Smerconish 20201121

To get state legislatures, and then the Republican Congress to supplant the will of the people. Its extremely doubtful we ever get that far. Theres no indication the president s efforts to gum up the works by getting alternative electors slated will succeed. He leaned on michigan legislators on friday and is said to be trying to do likewise with pennsylvanians, although pennsylvania lawmakers say they havent received an invitation to the white house. After meeting with the president , the Michigan Senate leader and House Speaker said they would follow the law and normal process. Theres just no basis to do otherwise. The giulianiled press conference on thursday was a fire hose of festivus. The president ial level airing the grievances mixed with denigration of the media. If reference to fraud were a drinking game in giulianis presser we would all have been under the table within ten minutes. Notwithstanding in federal court on tuesday, giuliani acknowledged to a federal judge that his case there was not alleging fraud. Some of the allegations were fantastical. Such as sydney powells comment that the rest was manipulated by antifa, George Soares and hugo chavez. Even Tucker Carlson was alienated by that claim. For example, giuliani said in some areas more votes were cast than there are voters. Well, in michigan and wisconsin, we have overvotes in numerous precincts. 150 . 200 . And 300 . Up to 350 in some places. The source of that information was this affidavit, filed in georgia. Trouble is, as pointed out by power line blog the data mistook michigan for minnesota. Those are all locales in minnesota. Even if the president s lawyers could identify widespread irregularities attributable to malfeasance, giuliani said this is a plan, you would have to be a fool to recognize that. It comes to five steps, voting, tabulation, certification, Electoral College and congressional acceptance. Georgia certified its vote yesterday. Pennsylvania and michigan will do so on monday. The certification process should be insulated from further legal challenge on december 8th. The Electoral College will vote on december 14. Congress will perform its function on january 6th. Each state certification represents a door rapidly closing on the president s prospects. But heres the real danger. Too many people are falling for the president s charade. According to monmouth, three quarters, 77 of trumpbackers say bidens win was due to fraud. According to reuters, 68 of republicans are concerned that the election was rigged. Conservative Kevin Williamson writing in the National Review writes this, this raises questions for conservatives. One of those questions is how long are we going to keep pretending that this madness isnt madness . Another is how long will we continue to pretend whats being broadcast by fox news and tox radio is political commentary rather than the most shameful, irresponsible, unpatriotic kind of sycophantic for profit propaganda . And thirdly what exactly is the benefit for our ideas . And the country making common cause with lunatics and hucksters. To be clear, its not denigrating. The 77 million that voted for trump. Those unwilling to tell the emperor that he has no clothes. That leads me to the survey question. Please go to smerconish. Com this hour and answer this issue, will President Trump ever concede . Joining me now is jessica lebenson, prof of law at Loyola Law School who specializes in election law. How unusual, professor, is all of this . Hugely unusual. Its like if you look at a blue moon and you see a pig flying past it, thats about where we are in terms of american history. We just dont see president s and losing president ial candidates activeliy ltrying to subvert th American Democratic process which is good. Is our system equipped to handle the challenge . Well see, this is such a great question. As with so many things with the Trump Administration were really seeing its a stress test on our system. Sometimes, a stress test on our constitution. Sometimes, a stress test specifically on our electoral systems. And we do see where theyre cracked. We dont expect that a president ial candidate will try and pressure legislatures. So, are we equipped to handle this . We are if the guard rails hold. We are if legislatures, regardless of parts and affiliations say im voting according to state law. If governors, regardless of Party Affiliation say im certifying according to state law. Not according to the Political Party on the number, but according to the popular vote of my state. You know that the Electoral College is constantly under attack. Where would we be in this theyre scenario without the Electoral College . Probably you and i would not be talking because it would be absolutely clear that former Vice President joe biden had won. I believe hell have won by 6 million votes. Part of the problem is the Electoral College. Part of the problem is we didnt know what was going to happen in the Electoral College until too long after election night. That we didnt start counting in some cases like pennsylvania where it became clear what was going to happen until election day. You can change that by state law. One other thing, you can do, state by state, without abolishing the Electoral College you can just say were not doing winner take all anymore. And then you dont waste millions of votes for instance in california where joe biden won by 5 million, you only need one vote. I hear it and i get it because the margin in the popular vote is 6 plus million, if that margin were smaller and there were questions being raised about the vote in particular states, wed be looking at the prospect of a nationwide recount. This is a hypothetical that im offering to you. Its made me realize that the cordoning off, the walling off, that the electoral provides, has some advantage. Absolutely. Weve seen a couple situations where there are advantages to institutions and we used to say this makes no sense. I used to say, its so messy that we dont have any centralization of our elections, that everything is not just 50 states. Because under the constitution, it says states, you determine the time, place, manner and elections. Thats why we have one set of rules in california and another in texas. Its really county by county. Now were seeing that disbursal actually provides protection if, for instance, you have a president ial candidate thats trying to exert pressure and undue influence. The dispersion protecting all of us. A little bit the same with the Electoral College. So, in lay terms when will this be over . Well, it depends on your risk tolerance level. For me, it actually is very, very close to over. We have a couple of deadlines coming up, where people can, if they support Vice President biden they can breathe easier, easier, easier. December 8th is the socalled safe harbor deadline. Thats the deadline under which you said, states have to certify their election results. Six days later, december 16th, the Electoral College actually votes. January 6th, congress, joint session of congress looks and they say, oh, joe biden reached 270. January 20th, noon eastern time, theres the inauguration. The big date coming up will be december 8th. If everything is certified if we fall within that federal safe harbor, i think were incredibly close to done, done, done. And as i said at the outset, apparently the president was unsuccessful in his cajoling if thats what he was seeking to do yesterday with the michigan representatives. But even if hed been successful, michigan is not enough alone to change the trajectory. By my calculation he would have needed two other state legislatures to do likewise and withstand all of the challenges. Am i right . Absolutely right. So, were not looking at an election where were not in the bush v. Gore 2000 election where everything is down to, what, florida, florida, florida. Right. In this case, 3 06 electoral votes you need to flip the election in argue guable lieu. And its not clear you that can play that legal hardball. Its not clear that congress would accept those results. I think its just becoming, you know, if you look in the distance, the possibility that were going to have an election law professor fever dream is getting further and further away. Professor jessica levinson, thank you for your analysis. Thank you. What are your thoughts . Tweet me smerconish. Or go to my facebook page. What do we have, kathryn. From facebook, it wont matter. Those who believe his story will continue to believe the election was stolen no matter what he says now. Bobbie, i dont agree with that. Given credit for the vote he generated in excess of what he had in 2016, i dont think theyre all lockstep, maybe im naive. But the polling data from monmouth, the polling data from reuters, thats in the immediate aftermath when emotions are still raw. Unless there were to be some showing and i cant conceive what that showing would look like but a factual evidential showing. I want to know what you think, answer the survey question this hour, will he ever concede . Still to come, at a press conference that i made reference to, Rudy Giuliani and the president s legal team made wide ranging claims of overvotes, truckloads of uncounted ballots and venezuelan meddling. So, what are the facts . Well get to that. And two highly effective covid vaccines suddenly on the horizon. When the shipments begin, where will they go . And who gets the doses. Ill speak to the chair in charge of those decisions. And Colin Kaepernick is called for the release of a man accused of killing a Philadelphia Police officer in 1981. I happen to have written a book on that case and there are a couple of things i need to say to Colin Kaepernick. Shingles doesnt care. I get as much fresh air as possible. Good for you, but shingles doesnt care. Because 1 in 3 people will get shingles, you need protection. But no matter how healthy you feel, your immune system declines as you age, increasing your risk for getting shingles. So what can protect you . Shingrix protects. 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I watched or listened to the totality of that presser. And i heard the repeated claims that, oh, the Fake News Media wont even talk about it. Im dieing to talk about every one of these assertions because many of them, when you heard them, you thought, wow, thats really problematic if its true. For example, because i want to show you a number of them. There was an allegations that Rudy Giuliani made about people who voted in pittsburgh. Roll it. We have 17,000 provisional ballots cast in pittsburgh . Do you know what a provisional ballot is . Provisional ballot usually happens this wean, 15 of the 17,000 happen this way. You walk in and you say, im here to vote today. Oh, mr. Giuliani, you already voted. I did . I dont remember voting. Oh, yes, you cast an absentee vote. No, i didnt. Yes, you did. No, i didnt. Yes, you did. The allegation is that some big city democratic pall had already voted for mr. Giuliani. What are the facts . Facts are that provisional ballots are a normal part of the election process. They can happen for a number of reasons. Somebody signs in the wrong place. They sign on the wrong line or they didnt get use outer envelope that was required. Different places have different rules. And if you miss, you end up with a provisional ballot. But it doesnt mean that there was fraud. Its more like user error. And the thing that i noticed about this claim about pittsburgh is the number of provisional ballots that are at issue are smaller than joe bidens margin right now in the state. So even if every provisional ballot went for donald trump which is unlikely, it would not change the outcome of the election. Suggesting that provisional ballots are not a normal part of the process, thats just wrong. Another allegation was one of widespread foreign meddling and intervention. Watch this. And actually, seriously going to want me it take seriously the secretary of state michigan . When michigan when michigan when the secretary of state of michigan never bothered to find out that the vote in her state would were being counted in germany by a Venezuelan Company . Were michigan votes being counted in germany by a Venezuelan Company . No, absolutely not. The michigan votes were counted in michigan. By michigan coworkers. This is Something Like is spun out of hope fraud. I dont know why this is just y justified in saying this. The companies at issue that have done a lot of the computerized voting in the country, one in canadian and one is u. S. So, what is he talking jab its not clear at all. But we do know that local michigan officials handled the vote counting. So, i also heard in the presser what i regard as the 2020 version of people were bussed in to vote. In fact, i think that allegation has been made about this election as well. Only this time, the locale was detroit. And it was a truck pulling up that were supposed to be food. But really there were ballots. Here, ill let rudy tell it. They swear to at 4 30 in the morning, a truck pulled up to the Detroit Center where they can counting ballots. The people thought it was food. So they all ran to the truck. It wasnt food. It was thousands and thousands of ballots. I mean, this is the sort of thing, angie, that people hear, and i think they say, holy crap, this whole thing was rigged. Is there any truth to that . This one was the subject of a lawsuit in michigan and its pretty interesting because the judges opinion is online and you can read through it. There was someone who made this assertion, but there were multiple other people who said, i was there. This did not happen. The judge went through all of these affidavits, from people who said there was fraud, and then people who said there werent. And he concluded that there wasnt. The people who were making these allegations of fraud, they didnt have details as to time or place or who was involved. They were just kind of allegations. And then the people rebutting the allegations had details, they had the procedures, they had multiple witnesses. So the judge threw the case out and it was appealed. And the appeal didnt go anywhere either. So, this one, the judge said it was not credible. And we found no reason to think the judge was wrong. Okay. This one i regard as the kitchen sink of allegations. This is giulianis cocounsel sydney powell slowing in soros, anti antifa, aoc, i dont know that they through that. You watch, july get tyoull get. What were uncovering more every day is the massive influence of communist money through venezuela, cuba and likely china with the interference of our elections here in the united states. The dominion voting systems, the Smartmatic Technology software and the software that goes in other computerized voting systems here as well, not just dominion, were created in venezuela, at the direction of hugo chavez to make sure he never lost an election. So, this is the one that caused me to regard this as a fire hose of festivus, for you seinfeld fans. Any shred of truth to any of that . We havent been able to find any. I mean, this is conspiracy thinking at its most extensive. These two companies in question have track records of operating in the united states. They have participated in some of the activities this year to ensure that the voting process was safe and secure. And theyve been inundated with these false claims. Weve looked for connections to these left wing figures. We havent found them. Its just its hard to say where this comes from. Because theres not a shred of evidence to support that hugo chavez had anything to do with the 2020 elections. And as i watched, i kept wondering, okay, if there were this garden variety of irregularities, you know, written lies the inner connection . And mayor giulianis answer was, well, youd be a fool to not understand that there had to be a plan that reached all the way up to joe biden. I guess im that fool. Angie, nice to see you again. Thank you for being here. Thanks. Via social media, what do we have, kathryn . I think this comes from twitter. Why would trumps legal team give the media any evidence for yall to misconstrue and twist it to fit your narrative. Thats what a court of law is for. Well, scott brown, let me give you a concrete answer to that, its because georgia certified its vote yesterday. And michigan and pennsylvania will certificate their vote on monday. Its like here and now, lay it out. I get the argument they may, im sure in some quarters people dont want to hear whatever theyve been able to gather in terms of intelligence. Id love to see it but everything ive looked at and the monitoring ive done of the Court Proceedings so far tells me theres just know there there. At some point, having had opportunity to lay it all out. Its time to move on. I want to reminder you go to my website somers dmerconish. Com. Very simply, will President Trump ever concede . The vaccine could be reaching americans in limited supply until next year. Tough choices will need to be made to determine who gets the first shots. Im about to speak to dr. Jose romero, the cdc doctor in charge of making that call. Hey dak, what if i sleep hot . And i sleep cold . No problem. The new sleep number 360 smart bed is temperature balancing so couples can sleep better together. And it senses your movements and automatically adjusts to keep you comfortable all night. Sleep number. Proven quality sleep. That selling carsarvana, 100 online wouldnt work. But we went to work. Building an experience that lets you shop over 17,000 cars from home. Creating a coast to Coast Network to deliver your car as soon as tomorrow. Recruiting an army of customer advocates to make your experience incredible. And putting you in control of the whole thing with powerful technology. Thats why weve become the nations Fastest Growing retailer. Because our customers love it. See for yourself, at carvana. Com. Hi mr. Charles, we made you dinner. Ahh, thank you ready to eat . Yes i am with sweet potato fries. Eating a falafel wrap doorbell rings thanks splitsies . Oooh. You meant the food, didnt you . Its moving day. And are doing the heavy lifting, jess is busy moving her xfinity internet and tv services. It only takes about a minute. Wait, a minute . But what have you been doing for the last two hours . Delegating . Oh, good one. Move your Xfinity Services without breaking a sweat. Now thats simple, easy, awesome. Xfinity makes moving easy. Go online to transfer your services in about a minute. Get started today. The coronavirus pandemic getting much worse and very quickly. The country has reported 2. 7 million infections since just the beginning of this month. Yesterday was another record for the highest oneday total during the pandemic. More than 195,000 new infections reported. And more than 82,000 people are being treated in hospitals. Its so bad that the cdc has advised americans not to travel for thanksgiving. But will help soon be on the way . Pfizer applied for fda emergency use authorization for its Coronavirus Vaccine. Moderna expected to follow suit soon. If given the green light which could happen around december 10, they could be distributed to states. In the best case scenario, about 40 million americans would get their first dose in december. Their second dose in january. By march, another 110 million doses are promised, thats according to dr. Larry corey who is leading the Coronavirus Vaccine Trials Network in the united states. But nobody can be vaccinated until the Cdc Advisory Committee on immunization practices reviews the data and answers the allimportant question, which groups will get the vaccine first . Joining me now is the chair of that committee is dr. Jose romero, hes also the arkansas secretary of health. Dr. Romero, thanks so much for being here. Who goes first . Thank you for having me. Deliberations are certainly under way at this time. And we have a number of categories of individuals that may go in the first round of vaccinations. Among those are health care providers, individuals in highrisk conditions, individuals living in nursing homes. Our first responders, essential personnel. Individuals over 65 years of age. Those are the groups of individuals that are in there. And right now, the acip and Advisory Committee on immunization pros are deliberating with that to stratify that group of individuals. It sounds fairly straightforward, as i thought this through, sometimes are the calls are in a gray area. For example, if im a custodian in a health care facility, am i regarded as a health care worker, how do you extend the definition . Youre exactly right, if you happen to be in that environment, exposed to patients, youre essential personnel within that institution. Take, for example, someone in the Environmental Services area. They have to turn over those rules very quickly for the emergency room to get the next patient in, so they could be exposed. If youre delivering trays, you could be exposed. You are an individual at risk for acquisition of covid. So the inclusion of Health Care Personnel is writ large. Theyre looking at all institutions within the institution that come in contact or could come in contact with those individuals. And can and are necessary to keep the Health Care System running. Dr. Romero, what youre coming up with are recommendations which, by definition, dont necessarily need to be followed in the states. Is that true . And if so, how concerned are you that some states might go rogue . So, you are correct. So, we make recommendations. And those recommendations are sent to the director of the cdc who in turn then decides if they are appropriate or not. Those recommendations then are sent out, into the states, and there is some there is some wiggle room in there. Weve discussed this. That states may prioritize individuals as they feel important, due to local issues. For the most part, acip recommendations are followed. So, i think that states will adhere to the recommendations, for the most part. Should economic considerations be taken into account as these decisions are being made . In other words, what it be in your opinion, a proper mindset to say, well, this is a vital economy, a vital part of the economy in state x or y. Therefore, to move to the front of the line, those who work meat packing, how about if i give awe concrete example. Would it be fair to say were going to protect our meat packers, at the same time, protecting our elderly . So, meat packers are considered essential personnel. Without them, we dont have food to eat. Independent of the Economic Issues theyre essential for keeping america going for keeping society going. So, we dont really look at the issues of cost. We look at who is going to receive the best impact from the vaccines, from the vaccine delivery. A little bit out of the box, the subject of acquaintance immunization. I was unfamiliar with this until i read a piece by a fellow by the name of Christopher Cox in wired. Put it up on the screen. Heres the idea, to knock out the superspreaders, the ideal target for the vaccine would be somebody with different contacts. Somebody with big multigenerational family, a job that led to a lot of mixing with strangers and a busy social life. How do we find these highly connected individuals across 50 states and 330 Million People . This is where most Public Health officials get stuck. Is there something to trying to identify the people out and about, and active among us, not necessarily health care workers. Not necessarily the elderly or preexisting conditions but theyre in contact with people, therefore, perhaps, they need to be elevated in priority . There may be some benefit in that, but we dont have a lot of data sergeanting that immunizing these individuals would be beneficial to the entire population. The individuals being identified by the acip not just the acip, the National Academy has come out with their recommendations. Were trying to identify those people who are essential for keeping the Health Care System going and providing health care and immunizing those populations that weve identified as a high risk for mortality or mosh br m. I think the focus on highrisk groups at this moment. A quick final question, if i may, the field of dreams question, if you build it, will they come . How worried are you about some folks reluctance to get vax nature vaccinated . Thats a very good question, we know theres some reluctance for accepting the vaccine in some groups, as high as 50 in some surveys. I do want to stress that the issue of safety has been paramount throughout the process, through all of it. Pharmaceutical manufacturers have issued statements about the importance of maintaining safety. The fda will certainly look at saf safety as the paramount factor for licensure. And we will look the asafety. Even as the vaccine has been approved for use, there are systems in place now that will follow for safety signals into the future. So the public should understand that this is a safe vaccine if someone gets this time i mean it when i say its my final question. If someone gets vaccinated, how will we know that . Are you going to have a certificate of some kind . Is there a pin that you get to wear . I mean, it would seem to me there would be access that youll be granted to certain settings that other people will not . Quick final answer, if you can. Yes, so, every person that gets immunized well get a card and get entered into the database. Well be able to follow them, who has been vaccinated and what vaccine they need to receive in the second dose. Dr. Romero, that was great. Thank you, sir. Thank you, sir. Still to come mumia a abujam abujamal, convicted for killing Police Officer david faulkner, many people have defended him and the can latest in Colin Kaepernick. He like many others is misinformed. Ive got a message for him. Thats next. Mumia is 66 years old. Hes a grandfather. Hes an elder with illness. He is a human being that deserves to be free. Free mumia. The expertise that helps keep hospitals clean, is helping keep businesses clean too. Look for the ecolab science certified seal. Are you managing. Using fingersticks . With the new freestyle libre 2 system, a continuous glucose monitor, you can check your glucose with a painless, onesecond scan. 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Serious and sometimes fatal infections, including tuberculosis, and cancers, including lymphoma, have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. Tell your doctor if youve been to areas where certain fungal infections are common and if youve had tb, hepatitis b, are prone to infections, or have flulike symptoms or sores. Dont start humira if you have an infection. Be there for you, and them. Ask your gastroenterologist about humira. With humira, remission is possible. This is a message for Colin Kaepernick. For what its worth, i think you were blackballed from football for exercising your speech, and thats not right. Except in extreme circumstances no man should pay with his livelihood for speaking his mind. And im sure thats why no team has picked you up. Then again, while im a casual fan, im out of the elements when it comes to xs and os of nfl. I see that you called for Immediate Release of this convicted calm kill ed cop kille was framed by the Police Department for the 1991 murder of officer david faulkner. He had no record before he was arrested and framed for the death of a Philadelphia Police officer. Since mean 81, mumia has maintained his innocence. His story has not changed. Mumia was shot, brutalized, arrested and chained to a hospital bed. The first Police Officer assigned to him wrote in the report that the negro male made no comment, as cited in philly mag. Yet 54 days into the investigation, another officer testified that mumia had confessed to the killing. Mumias story has not changed. This is the subject i know a Little Something about. You could say i literally wrote the book. This book. 2008, i coauthored murdered by mumia. With danny faulkners widow maureen. Neither of us accepted any proceeds from the sale of the book. Heres the short version based on trial testimony. On december 9, 1991 at 4 00 a. M. , 25yearold Daniel Faulkner was executed while making what seemed like a routine traffic stop. Faulkner pulled over the brother of Mumia Abujamal wesley foot. He was working as a taxi driver. He saw the police stop from across the street. And four eyewitnesses testified at trial what happened next. Their testimony portrayed a horrific sequence. Abujamal ran across the street, shot officer faulker in in the back and then between the eyes. Upon that final shot, officer faulkner discharged his gun hitting abujamal in the stomach you could say confirming the identity of the executioner. The murder weapon registered to him was next to him on the ground at the murder scene. He purchased at a local Sporting Goods store. Ballistics tests verify that the bullets pound in abujamals gun were the same caliber brand and type agency the fatal bullet removed from officer faulkners brain. Both men taken to a local e. R. Faulkner was dead. Mumia was heard saying by a Security Guard i shot the mfer, and i hope he dies. Maureen, his widow, for reasons that made no sense abujamal has become the idol of rock stars and he is a charismatic character who snowed people with over 40 years of rhetoric and he seems to do so with a new legislation led apparently by Colin Kaepernick. Whenever im educating someone about the case, in addition to what i just told you, i always like to underscore one fact. Abujamals brother william cook, he saw it all. His words to police upon arrival were i aint got nothing to do with it. And he has never testified on his brothers behalf. Let me say that again, the brother of the man convicted of killing the cop has himself never taken the stand to tell a different story. And he was there. In 1982, a multiracial jury heard the case they convicted abujamal and sentenced him to death. For a quarter century, appeals made a mockery of the judicial system. A street was named for him in france. Npr gave him his own radio show. He wrote several books this after all convicted of murdering a philadelphia cop. But at home in philadelphia, abujamal was never able to get broad support. People at home know what happened. In 2011, his death sentence was ultimately overturned on a technicality. Hes currently serving life in jail without parole. He will die a life more civilized than what he gave to danny faulkner. Thank you, mr. Championshkaeper told that youre not doing interviews. You should know that maureen faulkner, his widow, would love to talk to you about the case. Will you take that meeting . Still to come more of the Facebook Comments and the final results of the survey question at smerconish. Com. Will President Trump ever concede . The new Ergo Smart Base from tempurpedic responds to snoring automatically. So no hiding under your pillow. Or opting for the couch. Your best sleep. All night. Every night. This black friday, save up to 500 on Adjustable Mattress sets. 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Lets see the result. 95 say no, of only i put in air quotes 27,000 who voted. Thank you for that. If he doesnt, faced with these facts, i think its because he would rather be perceived as a victim than a loser and i think the victimhood that hes crafting, get ready for this, sets up a better narrative for him in 2024. Mull that over with your turkey. Catherine, what else do we have . From social media, smerconish, not only will trump not concede, but i can anticipate a rally being held during bidens inauguration. Can i Say Something about this . I objected to those democratic members of congress who did not attend the trump inauguration. I remember it so well because i participated in cnns coverage and we sat up above and we looked down and i thought it was atrocious. There are some events that should cause us all to rise above for the sake of the nation. Inaugurations are one of them. The democrats all should have been at trumps inauguration, and guess what, trump should be at biden. 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