fighting back against new objections to the acting attorney general. catherine herridge is here to break down how. senator mike lee weighs in. welcome to "fox news @ night" but, i'm shannon bream in washington. we begin with political fires. in florida, contested races, senate and gubernatorial, still undergoing recount. the thursday deadline looming large along with a number of new lawsuits, not surprising. correspondent phil keating is here to tell us more. >> hi, shannon. up in palm beach county to the north of us, two machines, read recounting machines, have malfunctioned, bringing in mechanics to fix them but reports are palm beach county hs lost a day's worth of its recounting process. this in a county that was already plagued by machines that are old and the prediction that there was no way they would meet the thursday deadline to get this recount done. actually that may not matter. first, live inside the broward county recount subject of the process continues around-the-clock. today, finished recounting all three and a thousand early votes and broward says it's now ahead of schedule. no problem with the deadline. one of the recount races in palm beaches and state house race there appeared republican mike caruso leads democrat jim bonfiglio by 37 votes. the leon county judge, democrat, ruled for jim bonfiglio, giving palm beach county an extra five days to complete their recount races, decision guaranteed to be appealed by republicans. democratic senator bill nelson also filed a new federal lawsuit, wanting the thursday 3:00 p.m. deadline moved until every floridian -- the recount is done, period. rick scott leads nelson by 12,000 votes. scott is not waiting, flying to washington tonight, acting as senator elect for photos and attendant meetings. on twitter, president trump joining the recount fray. "when will bill nelson concede in florida? the characters running broward and palm beach voting will not be able to "find" enough votes, too much spotlight on them now!" nelson and minority leader chuck schumer waited in from washington. >> we will not have a rerun of 2000 when bullying and intimidation ruled and created a rush to judgment so that to this day, many americans believe that election was unfairly decided. that cannot happen again. >> florida's governor's race is also under a recount. republican former congressman ron desantis, a trump endorsee, leads tallahassee's mayor by about 33,000 votes and is expected to win thursday afternoon. inside broward's vote counting room, elections chief brenda snipes spoke on whether she will heed demands that she resign. >> you know, all the emphasis come all the focus on me but i have a great staff who takes on any task in their job is to get it done. regardless to whether i am here or someone else's here, there is an excellent foundation to this office that it really won't matter. >> we can also confirm tonight that snipes has received threats of violence or harm to her it is now being escorted from the office here to home with a sheriff's deputy for her own production. >> shannon: phil, just to confirm what you said, palm beach county which already said we are probably not going to make the deadline for the recount thursday had machines go down tonight, putting them even further behind, at least a day? >> there was machines, they lost a full day. whether that's a total day come we don't know but the superintendent of elections there said they thought they could make the senate race, and complete that by thursday but the other ones, no. now this leon county judge has given them five extra days. >> shannon: thank you very much. to georgia where the governor's race remains in legal limbo. until at least the end of the week. a federal judge is ordering state officials to wait until friday to certify any election results. the judge is ordering steps to preserve some provisional ballots being questioned. republican candidate brian kemp is leading democrat stacey abrams. abrams is trying to keep kemp under 50%. if that happens, it would force a december for runoff. first lady melania trump says deputy national security advisor mira ricardel should be dismissed from her post through the first lady's spokesman saint the first lady believes ricardel no longer deserves the honor of serving in the white house. "wall street journal" reporting the president has cited to remove ricardel. there are reports the tensions between ricardel and other members of the admits ration including white house chief of staff john kelly and defense secretary jim mattis. german chancellor angela merkel is joining her french counterpart emmanuel macron in calls for creating a european army. trump condemned merkel mike ros comments. let's talk about it with fox news contributor richard fowler, fox news political analyst gianno caldwell and fox news contributor katie pavlich. the president went on a tweet storm against emmanuel macron this morning, one said: "emmanuel macron suggests building its own army to protect europe against the u.s., china and russia. but it was germany in world wars one and two. how did that work out for france? they were starting to learn german in paris before the u.s. came along. pay for nato or not!" katie, he stirred it up. >> actually president macron stirred it up first when he decided to take an opportunity that was supposed to be about commemorating the end of world war i where thousands of americans gave their lives and then again in world war ii did the same. there were lots of americans were buried in european soil there. not very many europeans fighting here because they were fighting for our freedoms. just the opposite. president mccarron micron tooke opportunity to's slam president trump rather than be grateful. president trump decided to take the high road, didn't respond during his speech at the cemetery and then came back today and decided to respond on twitter instead. >> shannon: watched him about the accusations the president makes, that there -- the vast majority of nato members are not making the 2% gdp goal. more of them will make it this year than have the past. he talks about the aid and the things the rest of us and renders to these other countries and yet he feels very much the american people are not getting a return on the investment. >> we couldn't have a debate about nato and everyone pay their fair share but we shouldn't be talking bad about our allies. if it wasn't for the french, america wouldn't be a country. the french helped us during the american revolution. if the french never came over, we probably would've lost to the british. when you talk bad about our allies who've been with us from day one, really speaks badly of who we are as a country. we are nothing without our allies and the world leaders, as the world's leading democracy, we have to be the city upon a hill and that means we work with our friends and not against them. we have seen from this president, his america first agenda, is america first sands everybody else. that's not only hurting the rest of the road but it's also hurting america. talking to folks in wisconsin who lost their jobs because harley-davidson moved or the pecan farmers in georgia, and the price of the cons has gone up 47% because of an irresponsible trade war with china. this really hurting the american people and it's hurting some folks in the american economy. >> shannon: other people say they have benefited from the president's decisions. out of things like the paris climate trade agreement, the iran new deal, other things they thought were entanglements the u.s. did not wisely enter. >> quite honestly, i'm surprised to hear that richard disagreed with president obama who said that some of our european allies were free riders for the same reason president trump mentioned they did not pay their fair share. we talk about the 2.0 gdp that these other country should be paying which was a rule established in 2006. we see that 1.18% of those that actually contribute, the u.s. is paying 3.7% gdp for defense. yeah, i find it very interesting that this particular time that the french president is using these moments to ratchet up this particular rhetoric which i know is targeted to president trump when president trump in actuality was voted into office because of his america first policies. this is a very different dynamic and one that the french president should really back off on. >> shannon: it seems like their bromance has taken a hit. they were tight and friendly early on but it seems like me but there's been a split. i want to make sure i get all of you to weigh in on the other big story has awarded its headquarters, split between northern virginia just outside of d.c., new york, and another distribution center in tennessee. this is a look at some of the benefits they got from those local areas courting them. in new york, $1.5 billion in direct subsidies for amazon. virginia, 573 million. also 195 million in and restructure investments. we think they are fixing up metro stations we are all for that. arlington, 23 million in cash. the youngest woman ever elected to commerce, alexandria ocasio-cortez has amazon is a billion-dollar company. the idea that it will receive hundreds of millions of dollars in tax breaks when our subway is crumbling in our communities need more investment, not less, is externally concerning to the residence here. >> she is right about the fact that amazon shouldn't be getting billion dollars in taxable tax subsidies. she is wrong about the idea that because they are getting the tax breaks is the reason the subway system is kremmling. the subway system and infrastructure in general is crumbling because governments aren't managing the money. in new york, they spend a billion dollars on 1 mile of subway tracks because they are over paying union contracts, not getting things done on time from extending contracts without results. i agree with her that we shouldn't be giving, engaging in crony capitalism and giving these companies tax breaks on behalf of taxpayers in the states. i would say that the tax money to these governments are getting for infrastructure has been growing grossly misused and abused which is why we are in a situation where in. >> shannon: i want to get you in. >> i agree with katie on the crony capitalism. the idea that amazon is getting millions and millions of dollars on the backs of taxpayers to build their corporations one thing. i do think we need to invest in our infrastructure, our people, getting people to them from work safely and getting our people affordable housing is one of the easiest ways in the best ways to grow the economy. the on that, it's one of the best ways to prime pump industry. when you have a working transportation system in a city, you're not only growing business but you also bar the people. >> and against corporate welfare, just like my other two colleagues. it's up to the city and the government to reject those offers. they are buying into it for whatever reason. in addition, we talk about the moving of the headquarters or at least adding a second headquarters into d.c. we know exactly where that's coming from. we have the ceo of amazon who really wants to control the policy in d.c. when it comes to technology and we spent about $14 million in lobbying fees fees. this guy put the middle finger up, if you will, with the pending will trade wars. >> shannon: jeff bezos who also owns "the washington post," people think he's doing it just to get under the president scan. panel, thank you. five days after nearly wiping one northern california town completely off the map, the first victims of california's campfire are being identified. tonight's search operations ramping up about 130,000 acres have been burned. the fire is just 35% contained. claudia cowan's life in paradise california tonight. good evening. >> good evening, new figures out tonight and the death toll has risen. crews found the remains of six more victims here today, all found in homes here in paradise. to ramp up the search for any more victims, the county sheriff and coroner's calling in the national guard. >> we put in another order for 100 national guard troops. they will work in conjunction with all of the other assets, resources we have who are searching for human remains. you have ordered those national guard troops because we want to be able to cover as much ground as quickly as we possibly can. then we can be reasonably sure that we have searched the area for human remains. i want to tell you this is a very, very difficult process. there is certainly the unfortunate possibility that even after we have searched in the area, once people get back in there, it's possible that human remains could be found. >> shannon: we have lost claudia. we will check back on the california fires. unfortunately the situation is worsening. white house press corps showdown is heating up. cnn filing a lawsuit following the white house's decision to suspend reporter jim acosta's hard path after a microphone scuffle with the white house intern. what does it say for the president? here is howard kurtz with more. >> cnn is taking action of the white house banned our chief white house correspondent jim acosta. >> cnn's contentious relationship with president trump moved into court today. it's lawsuit came after the white house yanked the credentials of acosta who has a history of lecturing and confronting the president following this clash at a news conference. >> president trump: that's enough. that's enough. that's enough. that's enough. >> pardon me. >> president trump: that's enough. cnn should be ashamed of itself having you working for them. you are a rude, terrible person. >> sarah huckabee sanders called the suit grandstanding. after acosta asked two questions, he physically refused to surrender a white house microphone to an intern so that other reporters might answer questions. and that this wasn't the first time that he acted in a properly. sanders didn't repeat the contention that acosta had laid hands on the intern. the move cast a scene and president jeff zucker, former nbc chief who worked with trump on the apprentice as a press champion. he says that first amendment gives journalists the right to hold officials accountable and ask tough questions. >> asking for emergency relief because every day this pass has been revoked is a first amendment violation. it irreparable harm. >> the suit notes that the president constantly criticizes the network and once tweeted this wrestling video aimed at cnn. white house correspondents association is backing cnn. acosta is a controversial figure viewed by some as a showboat. >> shannon: all right, howard kurtz, thank you very much. critics demanding that the presidents picks ahead of the justice department must go. a lawsuit has been filed in federal court today. key republicans on capitol hill say it's not just that. >> no significant action under whitaker's authority should be taken at the department. >> i don't begets fare for the man to bash him before he even has a chance to find the men's room. >> shannon: what does it mean for the meal or investigation amend word new indictments could come? we will ask senator mike lee of utah right 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"the appointment of what occurs acting attorney general instead of deputy attorney general rosenstein violates the attorney general succession act as well as the appointments wads of the constitution." at a lesser divided over whether president trump has the authority to appoint whitaker as a principal officer who is not senate confirmed. >> yes, within certain limits. however, the question is whether he also qualifies under the constitution and that's a much closer call. >> the justice department is going to take action that affects maryland, it's got to be done in a constitutionally proper way. they don't get to pick who the attorney general's. >> no question the president ad department of justice has confidence in matt whitaker. >> the administration says it's proper. >> he has a full and legal authority under the vacancy reform act of 1998 whereas someone has been a senior official as well as been there for more than 90 days can serve as acting attorney general. >> returning to capitol hill, democrats ramped up the attacks. >> no significant actions under whitaker's authority should be taken at the department. >> the judiciary committee ranking democrat dianne feinstein called for emergency hearings with whitaker and former attorney general jeff sessions. the committee's republican chairman who controls the calendar and those whitaker from iowa politics pointed to the ongoing justice department ethics review. >> doesn't matter what the democrats think. if he's going to that process, it's going to answer that question. >> concerned about the comment that whitaker is made about the miller probe -- mueller probe. >> sources familiar with the process tell fox news the justice department's office of legal counsel plans to issue an opinion defending the whitaker appointment. pushing back strongly against legal analysis for the appointment is unconstitutional. sources said the opinion is expected in the coming days, possibly as early as tomorrow. shannon. >> shannon: catherine herridge, thank you very much. maryland is not the only jurisdiction looking to challenge whitaker's appointment. san francisco is also demanding the white house provide a legal basis for why the president bypassed deputy attorney general rosenstein as we wait, joining me now is republican senator from utah mike lee who sits on the senate judiciary committee where we're going to have more action. i thought of round of nominations today. that's not slowing down. >> we are looking forward to pushing ahead, getting the presidents people confirmed, getting more federal judges confirmed. >> shannon: the left's worst nightmare. senator feinstein i said there's been a record-breaking pace by this administration and she didn't mean up as a compliment. >> i take it as such and i appreciated from senator feinstein. >> shannon: i want to ask you clearly because i consider your constitutional scholar. the idea of matt whitaker, there are opinions all over the place from the conservatives, left, right, but whether his appointment was legit. he reached a decision? >> the office of legal counsel, as catherine herridge mentioned a few minutes ago, is going to issue an opinion. this is going to carry significant weight. we have some of the top legal minds of the entire u.s. government faced in the office of legal counsel. we expect an opinion as soon as tomorrow. i want to take a look at it. my understanding is they've got some very compelling arguments that need to be considered. >> shannon: in the meantime, there are those who are already saying they fear that he's going to be up to no good including congressman adam schiff. he said "whitaker could seek access to the special counsel's plans and evidence including grand jury testimony and would be in a position not just to funnel information to trump and his legal defense team but also to abuse his authority to cripple for and the investigation." most of the objection about him is because of the position he's taken in the past with regard to mueller's investigation. >> the fact that people say this is what he could do, sure, they're all kinds of people in government who could abuse their power. the mere fact that he could shouldn't disqualify him in advance as a matter of moral character from serving this position. i don't really think that's a fair argument to make. just because he could abuse government power, we shouldn't have to assume that he will. >> shannon: do you think the special counsel needs protection because the democrats are talking about linking a measure guaranteeing him protection against being fired by the president or matt whitaker or someone else to a must pass pending bill. spending is going to run out for key government agencies by december 7. >> they are arguing to replicate the previously existing independent counsel, one that operated as a sort of quasi-branch of government. congress made a decision to allow it to expire and didn't put it back in place. but we have within the executive branch of government, chief executive officer, that's the president of the united states. i don't think it's a good idea to create a de facto fourth branch of government which will be doing if you replicated the old independent counsel framework. >> shannon: i want about something that you've been very active on which is the bipartisan push for reform to the justice system. hearing reports that the president may have something to say about this tomorrow. you may have been able to gain his support. you know you have objections from g.o.p. colleague saying it's a bad idea. what can you tell us about where you stand? >> ever since i've been in the senate, been working aggressively across the aisle to come up with a criminal justice reform package they could pass the u.s. congress and be signed into law by the president. i think we are coming very close. we've got an opportunity to reform a federal criminal justice system that's in need of repair. sometimes you end up with a 55 year prison sentence for somebody who sold three dime bag quantities of marijuana. that's a problem. that's something we are trying to fix and we look forward to meeting with the president tomorrow at the white house at 3:30 to discuss it. >> shannon: reports he will have a good conversation with the president, that he's expected to support you. is it about lowering sentences, helping those already behind bars or will be prospective in nature? >> it is both. it deals in some cases with those who are already behind bars. for defocus there is not on addressing their sentences so much as it is getting them ready to reenter society and not reoffend. prospect of leah deals with sentencing reform, so those who have yet to be sentenced, giving judges a little bit more discretion in some cases. but always having to throw the book at them. 55 year minimum mandatory sentence where something lower might be appropriate. >> shannon: let us know how the meeting goes. great to have you. indictments from special counsel robert mueller do any time and as the midterms are mostly over, the president's legal team reportedly ready to let the president answer some of mueller's questions. details ahead. justice ginsburg missed work today. how is she doing? an update when we come back. ♪ the new capital one savor card. earn 4% cash back on dining and 4% on entertainment. now when you go out, you cash in. what's in your wallet? every insurance company tells you they can save you money. save up to 10% when you bundle with esurance. including me, esurance spokesperson dennis quaid. he's a pretty good spokesperson. ehhh. so when i say, "drivers who switched from geico to esurance saved an average of $412," you probably won't believe me. hey, actor lady whose scene was cut. hi. but you can believe this esurance employee, nancy abraham. seriously, send her an email and ask her yourself. no emails... no emails. when insurance is affordable, it's surprisingly painless. back pain can't win. now introducing aleve back and muscle pain. only aleve targets tough pain for up to 12 hours with just one pill. aleve back & muscle. all day strong. all day long. for each job exxonmobil creates, many more are created in the community. because energy touches so many industries, it supports 10 million u.s. jobs. >> shannon: the oldest supreme court justice ruth bader ginsburg was absent from court today after falling and fracturing three ribs last week. the high court convened for routine business. justice ginsburg has yet to miss a single day of oral arguments in her 25 years on the supreme court bench. reports that robert mueller is expected to issue indictments soon. this is the rush investigation gets a new boss, acting attorney general matt whitaker the democrats still are demanding he stepped aside. garrett tenney is looking into what we know about what's next. >> great to be with you. one of the big parts of the investigation are the hacked emails that wikileaks released. investigators want to know if anyone with or close to the trump campaign knew about it ahead of time or helped coordinated. roger stone has been a central figure in that probe. mueller has interviewed several of stone's associates including a former reporter for info wars. in 2016, he told friends he believed they had the emails of john podesta and would release them. he says for the past two months he's cooperated with investigators who believe he had a secret contact with wikileaks and acted as a middleman to share information with roger stone, both of which he denies. on his youtube channel, he said the past week those negotiations blew up and he now believes he walked into a perjury trap. >> i fully anticipate that the next few days i will be indicted by mueller for some form or other of giving false information to the special counsel. i'm going to be criminally charged. this has been one of the most frightening experiences of my life. >> sources close to the president's legal team tell fox news the special counsel probe is winding down. that the wikileaks issue is one of the final pieces. if that's true, legal expert jonathan turley says there's a lot of pressure on mueller to find evidence of direct collusion or coordination rather than simply charges of perjury. ask people if the culmination of this investigation will be someone like stone or corsi, you are walking around shooting the wounded. there still isn't a clear "there" they are, in terms of a central figure doing a criminal act. >> there's been pressure for acting internally internal genr to recuse himself. he is consulting with ethics officials. >> shannon: thank you. catherine herridge reporting tonight that president trump's legal team is close to to questions from special counsel robert mueller. could have them by the end of the week. let's bring intimates legal eagles. former deputy assistant attorney general and john you. welcome. let's start with the news that the written questions could be up by the end of the week. so much back and forth over this. reuters reporting the questions from special counsel robert mueller that trump is repairing to answer relate only to moscow's involvement in the election or not whether trump may have tried to obstruct the russia investigation. harry. >> that's what's being reported and i think it sounds plausible. the one thing is i do not think, notwithstanding the back and forth, that we can see this as the final product. i just think it's very unlikely that mueller would accept written answers and nothing more. you really need to see someone across the table and see their tone et cetera. if these answers do come in at the end of the weekend we've had a lot of sort of false starts in these kinds of accounts from the presidents team. i don't think it means that mueller is done trying to get information from the president. >> shannon: john, the consensus has been to not sit down with mueller. it's clear they don't think it's a good idea although the president said he wants to. >> shannon, i always thought that it was in trump's best interest to sit down with mueller, sit across from the table as harry litman says, and answer the questions. the keel act act is going to be when trump's team hands over the written questions and mueller decides there still needs to be more questions. he's going to have to decide whether to seek a subpoena from a court, grand jury, sorry, to get the president to show up in person. that's why whitaker is so important because the attorney general or the acting attorney general, if he is indeed constitutionally in the office which i don't think he is but if the work, the attorney general could stop a subpoena from issuing and then i think it ends and then mueller has to go with the report. but if they say issue the subpoena, then you have the interview. the president, i think he should sit down. under the constitution, he's the chief law enforcement officer. it sets a bad example for the president of the united states to sit down and answer questions -- refused to sit down and answer questions. >> shannon: folks think some of the players, it's with they've done, it's for statements they've made. weigh in on the idea that maybe if we get indictments go i will be talking about roger stone, may be jerome corsi. if that's as far as mueller goes, you heard professor turley saying it's not impressive. >> well, yes. first of all, you don't know what he's gotten till he brings it out. if he does get to stone, shannon, if it's really clear that stone knew about the wikileaks hacking before it happened, then we really are a half step from the president. whether or not the president testifies, stone, it's clear was in personal contact with him during the campaign. i agree in the sense with professor turley, if it starts there, it seems unsatisfying. on the other hand, it may well be at the president or even of the ultimate recommendations by mueller have to be based on circumstantial evidence, inference, and the like. it's quite possible if stone falls, which i think is very likely, that then the president is in the cross hairs. >> shannon: john, final word. >> i expect mueller will go after corsi and stone but i have to disagree with harry that he is -- the significant figures in the trump campaign. trump is surrounded by all of these kind of grifters, weirdos, conspiracy theorists. just because they are all conspiring and try to prove how important they are, doesn't mean they actually had any real role in the trump campaign. this guy corsi is a conspiracy theorist who thinks president obama wasn't born in the united states, thinks someone else blow up the world trade center on 9/11. these are not central figures in the trump campaign. i expect if mueller gets those scalps, corsi and stone, it still doesn't mean it's going to be enough. to go after the president or justify something like an impeachment. >> shannon: we will see if there's another round of questioning. thank you both. great to have you with us tonight. as we await the results of the final balance of power on capitol hill, the battle over whether nancy pelosi is going to once again to be of the house is getting awkward. across the aisle, paul ryan on his way out, republicans get set to seek their new leadership team tomorrow. chris stirewalt is standing by live to offer analysis. ♪ the best are back. applebee's bigger, bolder grill combos. now that's eatin good in the neighborhood. applebee's bigger, bolder grill combos. once i started looking for it was a no-brainer. i switched to geico and saved hundreds. that's a win. but it's not the only reason i switched. the geico app makes it easy to manage my policy. i can pay my bill, add a new driver, or even file a claim. woo, hey now! that's a win-win. thank you! switch to geico®. it's a win-win. >> shannon: hours for an hour, republicans will elect their new leaders for the upcoming congressional term. trace gallagher is here to break it down. >> there's not many cliffhangers in the g.o.p. leadership shuffle but there's some drama in the battle for house minority leader were california congressmen and current majority leader kevin mccarthy is up against ohio congressman jim jordan. the only needs a simple majority or in this case, 101 votes. analysts say it should be an easy task for kevin mccarthy. new york congressman chris collins thinks mccarthy is the one to fight the good fight against nancy pelosi. listen. >> certainly kevin mccarthy has done a fabulous job as majority leader. it's disappointing we are having an election for minority leader but he's guiding guided our co. >> exports think jim jordan would at most get 60 votes but if jordan loses too badly it will be a rebuke for the house from caucus which jordan founded. separately it appears louisiana congressman steve scalise will become minority whip, wyoming congresswoman liz cheney will likely be the house republican conference chair, and minnesota representative tom ever is a leading contender to run the national republican congressional committee. that is the campaign arm of the g.o.p. house members. south dakota's john thune is widely expected to be the republican whip, that's the g.o.p.'s number two position in the upper chamber. senator thune replaces john cornyn. wyoming senator john barrasso will fill senator thune's current position of the senate republican conference. roy blunt would take over for john barrasso. in the only contested leadership position, iowa senator joni ernst and nebraska senator deb fischer competing to fill roy blunt's spot as vice chair of the senate g.o.p. conference. the committee positions inside the senate, like judiciary and oversight, will be decided -- won't be decided until all the senate races are decided. >> shannon: who knows when that will be. thank you. let's talk about it with fox news politics editor chris stirewalt. and author of "every man a king," including him. let's start with the g.o.p. race. the only thing where there is this challenge, jim jordan and kevin mccarthy. mccarthy has some detractors. saying "we want to be clear that the position of our activists is that if the definition of insanity is doing the same thing over and over again and expecting a different result, then a vote for kevin mccarthy is a vote for insanity." >> and not in a good way. the problem jim jordan has is they have the inverse problem of the democrats. democrats, there are enough democratic votes to block nancy pelosi. maybe. certainly seth mauldin from massachusetts said we have the votes. we can blocker. except for the fact that they can't get behind anybody. they have plenty of distance on the democratic side but no one to step up. on the republican side, they have a guy who stepped up but they don't have enough people who want to follow him to try to block mccarthy. mccarthy is in a position where he's going to benefit from the same cycle that brought paul ryan to the speakership wishes there's going to be a magic window. i have every expectation mccarthy wins tomorrow and that he wins probably shouldn't be that close. if it's close, that's a real. that he should win pretty handily. in the fight will start over the fiscal cliff and the border wall and the shutdown. jordan and company will take paul ryan who will still be the speaker until the third of january, taken to the wallet so you must fund the wall completely. then ryan will do for mccarthy what jon baker did for ryan which is to clean the stables. you cut a deal with democrats and you spend a quadrille you and dollars and you get it all done and so for the next year mccarthy doesn't have to worry about having the same fight again and then that way mccarthy doesn't have to do any of the heavy lifting. >> shannon: he mentioned seth mauldin. i have a tweet from him. he's talking about the new members and others. he says leadership asking new members to make a choice, break your campaign promise that he wouldn't vote for pelosi or stand up to a status quo that will punish you, we've been feeling lots of calls from incumbents. we are the voice of the silent majority who want new leadership and new members. any chance pelosi -- >> very senior, experienced strategist. everyone wants somebody new. basically the democratic leadership team wants someone new but who is that? seth moulton would like to be him. unfortunate for him, portly for him the democratic caucus is divided. people think nancy pelosi is too conservative, to moderate, and people who think she's too liberal. >> shannon: chris stirewalt, good to see you. we'll be right back. his parents and then she'll be his boo forever. oh. there are multiples on the table: one is cash, three are fha, one is .a so what can you do? she's saying a whole lotta people want to buy this house. but you got this! rocket mortgage by quicken loans makes the complex simple. understand the details and get approved in as few as 8 minutes by america's largest mortgage lender. tremfya® is for adults with moderate to severe plaque psoriasis. with tremfya®, you can get clearer. and stay clearer. in fact, most patients who saw 90% clearer skin at 28 weeks stayed clearer through 48 weeks. tremfya® works better than humira® at providing clearer skin, and more patients were symptom free with tremfya®. tremfya® may lower your ability to fight infections and may increase your risk of infections. before treatment, your doctor should check you for infections and tuberculosis. tell your doctor if you have an infection or have symptoms such as: fever, sweats, chills, muscle aches or cough. before starting tremfya® tell your doctor if you plan to or have recently received a vaccine. ask your doctor about tremfya®. tremfya®. because you deserve to stay clearer. janssen wants to help you explore cost support options. >> shannon: his sudden disappearance captured the world's attention weeks going tonight we have disturbing new information relating to the death of saudi journalist jamal khashoggi. senior foreign affairs correspondent greg palkot easier to for lesson. >> it could be as close to a smoking gun as there is in last month's killing at the consulate of journalist jamal khashoggi. according to "the new york times," a security advisor to the saudi crown prince telephones and aid saying tell your boss the deed is done. officials say the killing was approved at the highest level of the saudi government. the foreign secretary discussed it with the saudis. >> the first of is to make sure this proper accountability for the people responsible. >> saudi officials who heard the tape, it's been shared with several countries, claimed that the boss remark is not there. national security visor john bolton says he doesn't believe the crown prince was implicated. new reports point to an ugly death and the saudi hit team, syringes and scissors to be used in the killing. khashoggi's last words allegedly as a bag is put over his head " "i'm suffocating." >> we have been clear that we expect transparency and accountability and the ability that those countries are able to make a speedy determination in terms of what happened to jamal khashoggi. >> the trump administration's mideast policy rides on the crown prince. >> i think they are eager to find a way to impose some accountability on folks around the crown prince and then find a way to move forward. >> in fact, state department spokesperson howard said that actions in place against saudi arabia will not be the end. there will be more. >> shannon: will follow it. greg palkot, thank you very much. most-watched, most trusted, most grateful you spent the evening with us. good night from washington. i am shannon bream. stick around. the one and only tucker carlson. ) so-so pizza? not in this house. 'cause that's no so-so family. that's your family. which is why you didn't grab just any cheese. you picked up new kraft expertly paired mozzarella and parmesan for pizzahyeah! kraft. family greatly. it is tucker carlson up next. ♪ >> tucker: good evening and welcome to "tucker carlson tonight." the latest florida recount, this generation's florida recount is continuing across that state tonight.e the president is alleging fraud in florida, and meanwhile the lawsuit from both sides is gumming up the court. just breaking a moment ago, a florida judge has now ordered that palm beach county be given a five day extension to complete a recount. democrats bill nelson and andrew dgillum were down by a lot a wk ago tonight. now a week later they say they're being robbed. >> sadly, it's become clear that my opponent isn't interested in

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