tonight the people of new hampshire chose to put new hampshire first. a few minutes ago, scott brown called to concede and wish me well. scott brown ran a vigorous race, and i wish him and gail and their family all the best. i am so proud to once again be able to represent the people of new hampshire in the united states senate. [cheers and applause] thank you. i promise you i will work with anyone in the senate -- democrat, republican, independent -- to get things done, to help new hampshire's working families and our small businesses. with the new term you have given me, i will fight to make sure that students can refinance their student loans. >> thank you! >> i will fight for a smart energy policy that focuses on efficiency and new energy technology. to end our reliance on oil and coal and fossil fuels. i will fight for a minimum wage -- [cheers and applause] that ensures that no one working 40 hours a week is stuck living in poverty. and i will fight for equal pay for equal work for women. [cheers and applause] i will fight for smart, serious, national security policies that keep us safe. >> thank you. >> and i will always fight for a woman's right to make her own host -- and as i have said many times in months, ieeks and will never stop fighting to make sure that everyone in new hampshire has access to wally, affordable health care -- to quality, affordable health care. thank you. thank you. now i have a lot of twhank yous tonight, and i want to start with thanking my family. my husband billy -- >> [crowd chanting "billy"] >> my daughter stephanie, her husband, greg. stacy, her husband ryan. molly and hugh. and all my seven grandchildren, but only three of them are here. have ellie, anna, and a.j. as i know everyone here knows because you have seen them all out on the campaign trail, this campaign truly was a family affair. when the going got tough, they kept my spirits up, and you know, they are sort of a competitive bunch. [laughter] so they competed for who did the best tweets, who had the best facebook postings, and who got the most votes at the end of the day. thank you. thank you to all of you. i love you all. i also have to thank my spectacular campaign manager. >> [crowd chanting "mike"] boy, did he run a great operation? and thank you for leading such a great tempe and staff and thank you to my senate chief of staff to all of my senate staff, to all of the coordinated campaign, to all of you who worked so hard, thank you. thank you. and to all of you volunteers here and watching at home tonight, thank you for sacrificing your time, for all of the hours and days and weeks, and for many of you months that you worked sacrificing your time to help keep new hampshire moving forward. that you stood by me through thick and thin means more than you will ever know. i am so grateful. thank you. and congratulations to our wonderful governor, maggie hassan. [cheers and applause] >> [crowd chanting "maggie"] you to all of the candidates up and down the ticket, to the winners and losers tonight, for everything you have done to make our democracy stronger. tomorrow we get back to work, back to our regular lives, but tonight, tonight let's celebrate. thank you. thank you all. thank you to the wonderful people of new hampshire. thank you. thank you all. [cheers and applause] >> the oregonian reports that despite a campaign in which his office, his fiancée, and his own moral compass were criticized, governor john kitzhaber won last night defeating incumbent dennis richardson. thanked supporters from the hilton in downtown portland. republicans added more than they needed six seats to their ranks to take over the democratic senates, but the sixth seat was in north carolina where thom tillis defeated the incumbent, senator kay hagan. here is thom tillis speaking in charlotte. danceverybody gets to only in america l as all going down on an freeway newlyweds in the back of a limousine a banker's.on and or daughter all they want is everything she came out here to be an actress he was a singer in a band ♪ >> thank you all. late, but i don't know about you all -- i have got a little bit of energy right now. you all did it. you did it. i get to take a break off the campaign trail, now you to change a bit because i am thom tillis and i am the next united states senator -- [cheers and applause] but i want to make absolutely certain that every single one of becausel calls me thom you are a friend -- >> yes, we are! >> this victory is not my victory. this victory is our victory. our victory. you know, if you take a look and all of the negative ads against st any senate candidate in the country, $111 million -- we do not bend, we won. [cheers and applause] i tell you what, though, i am sure you have been watching the ads, but there was something very important that also had to happen tonight, and we have swept this nation with a majority so somehow i think senator reid is going to have a different office assignments come january. i think at the end of the day, i think the reason i spent all that money is they looked in north carolina, they knew what we had here. we had hundreds and hundreds of volunteers absolutely committed, knocking on doors, doing what we had to do to win. that is why i am standing here before you. now, i will tell you -- i received a call both from sean hall and from senator hagan. i want to thank senator hagan for her service. i also want to thank her for her gracious offer to make sure we do what america does best, and that is to affect a smooth transition of power over the next couple of months. you know, i tell you, taking that phone call -- it is very difficult. the challenges of campaigning are very difficult, and i really appreciate senator hagan's statement ship, manner in which we had toded in which do, not just occupying the seat but this is your seats, and this is a seat i will take to washington and make sure i never forget where i came from. now, i had a somebody asked me, how on earth was i so calm with all of these attacks and things, they said you seem to get more annoyed when a panthers lose than all of these attacks, and i have been annoyed a lot, but it is mainly the path there's. -- the panthers. it is because i knew that we were right. north that we all in carolinians want elected officials to go to washington and get something done, fulfill their promises, and you all know that we are going to continue the tradition that we have done here in north carolina. up there andto go excites more out of our leaders and fulfill our promises, and we are going to make this country great again. >> [crowd chanting "usa!"] >> i see a few people around the room, but when i think about transitions and elections, i see one gentleman in the center, reverend mark harris, who was in the primary with us. i am not really sure -- i also want to thank heather grant, she traveled all over the state, her and her husband, michael, helping us. we overcame a lot of adversity, and here we are with the americaity to just make great again, and the reason that i believe we can do it is because we will have leaders in washington now that believe that great when wee let americans make america great, not government. when we stop accepting this idea that people want to be provided for by government -- the problem with that is the only way a government can provide you with something is to take away from someone else. there is only one thing government can give you that does not come at the expense of anyone else, and that is freedom. we need to free the american america greatake again. we need to free the american people up to make it an economic superpower, a military an energy, and superpower. these are things we are going to go to washington and do. i know my communications people are going -- thom tillis is completely off script because i am not reading the teleprompter. i will leave that up to president obama. do -- whatoing to i'm going to do is listen to you , and i am going to go to washington and next year i am going to come back and i am going to go across the state to the towns and counties that i have been to, i'm going to thank all of those who voted for me and i am going to go those that did not vote with us and i will convince them that maybe they should give us a chance to make this nation great again and get back on track. ladies and gentlemen, i cannot thank you enough. there are a lot of people in his room but if i made eye contact with you i would probably get teary-eyed, so i am not looking this way. what i do have to do is i have to thank my wife susan. >> [crowd chanting "susan"] >> i have also got to thank my son and my daughter. i mean, they are to people that i can always rely on to take a look at some of those negative attack ads and we just laugh at them. [laughter] we did. lindsay and ryan. [cheers and applause] i havehave to tell you got two brothers and two of my sisters here, i have one sister was not able to make it, and it was wonderful to have them volunteer this week and also have the most special mother who is here, my mom, margie tillis. that is typical mom, but if you're on facebook, go out and do a friend request for margie tillis. [laughter] you will not be disappointed because my mom has been taken care of this family forever, and she has been taking care of her senateo, during this race. but ladies and gentlemen, i want to tell you all you are an extension of our family. there are a lot of people who have been a part of my campaigns as i ran for town commissioner. they are people who've worked hard and the difficulty of a primary and we can back together, and there are people today -- i went around the poles, and you could see they invested emotionally in it, wondering if we were going to pull it off. well, we pulled it off -- because of you. [cheers and applause] heart, ibottom of my want to tell you how much susan and i and my entire family appreciate what you have done because i really do believe that through your effort, through your prayers, through your financial support, through the ground games, through doorknocking, that you all are literally a part of a historic moment in this nation's history, and i want to thank you. to speak muching longer. i'm going to get around and try to shake a few hands, but i do not know if i can do selfies with everybody today, but we will be back, and again, thank you all, god bless you, god bless this great nation. thank you. ♪ >> republican u.s. senate candidate sam sullivan appeared to grab an insurmountable lead over mark begich with 97% of alaska's precincts reporting with 427 of 441 precinct , but thesullivan led race was the costliest campaign in a state's history with more than $50 million spent by the two major candidates. we will have more election the hourt the top of on "washington journal," where we will take your calls and tweets about the races at 7:00 a.m. eastern here on c-span. then the republican national committee will give their analysis of midterms including comments by rnc chair writes previous -- reince pribus. >> the 2015 c sent student cam video competition is underway, open to all middle and high school students to create a five minute to seven minutes dr. memory on the theme of the three branches on you showing how the policies, law, or action by the executive, legislative, or judicial branch of the government has affected you or your community. the prizes total $100,000. for a list of rules and how to get started, go to studentcam.org. >> joni ernst defeated democratic congressman bruce braley to take the seat held by retiring five term senator tom harkin. the first teamow all senator in iowa history, spoke to reporters from her headquarters in west illinois. >> thank you. thank you, oh, my goodness, thank you, iowa! oh, my. much for being here on this special evening. just a few minutes ago, i got off the phone with bruce braley, and -- no. i congratulated him on running a phenomenal campaign. he was a worthy opponent. , and he worthy opponent was willing to sacrifice to what he thought was right. we did not agree on much, but i anyone who do admire is willing to stand up and fight for what they believe in. [cheers and applause] iowa, we did it. we did it [captioning performed by the national captioning institute, it! thank you. tois a long way from red oak washington. from the biscuit line at hardee's to te united states senatehe -- to the united states senate, but thanks to all of you. we are heading to washington. and we are going to make them's squeal. thank you. thank you. this morning, i was voting in bright oak, and as i looked that this isiced about as different as you can get from washington, d.c. in washington, politicians are more interested in talking than doing. they ignore problems hoping they ,ill go away, but you know what isis is not just going to go .way the most $18 trillion of national debt is not just going to go away. struggles or notches going to go away, and our problems are not just going to go away on their own. becausean overcome them this is the greatest nation in the history of mankind, and there is nothing we can't achieve. we are going to do this, but to get there it starts with new leadership. and that is what iowa has voted for today. we talked a lot in this campaign about iowa values -- honesty, service, and hard work. knowing the value of a dollar and not to waste it. these are the values that our parents and grandparents have taught us. these are the values that my -- that my mother taught notn raining mornings, with a lecture or a book, but with plastic bread bags. only hadgrowing up i one good pair of shoes, so on those rainy schooldays, my mom was slip plastic bread bags over my shoes to keep them clean and dry. you know what i am talking about. thank you. and you know what? it was not high fashion, but i was never embarrassed, and it worked. and it worked. high-fashion, and i was not embarrassed because every day when it rained, and i got on the school bus, there rows ofs and rows and other kids just like me with plastic bread bags tied to their feet. these were the sons and daughters of hard-working iowans, and our parents did not have much, but what they did have they worked very hard for. simply,ght us to live not to waste, and to help our neighbors. and they taught us to thank god every day that we live in this special place that we call iowa. you. thank you. thank you. time what me all the my favorite part of the campaign has been. -- nothingnk tonight -- nothing is going to beat tonight, but before tonight, my favorite part of the campaign iowa statehrough the fair, and believe me, i hugged my way through the iowa state fair. and if you got within five feet of me, it was probably because i was trying to hug you. itove the state fair because truly is a celebration of what is best about iowa. our agriculture, our manufacturing come out technology, our community, and our family. that is who we are, and that is the iowa way. and our iowa way is working, and it is not luck or an accident. it is because we have the greatest people, and we have the and lieutenantor governor of any state in the nation. [cheers and applause] here in iowa, we understand that america's greatness does not come from its government, but it does come from our people. yes. and look at the result. look at the result. in the last four years, we have lowered taxes, reduce job killing rules and regulations, and we have balanced our budget every single year. yes, thank you. created up to 150,000 new, good paying jobs while personal income is growing at the fourth fastest rate in the united states. that is the iowa way. now let's look at what they are doing in washington. higher taxes, more spending, more debt, and the slowest economic recovery since the great depression. but tonight we are taking the iowa way all the way to washington. thank you. thank you. and let me tell you exactly what that means to me. iowans to knowt what is best for iweb more than bureaucrats in washington, d.c. owa more than bureaucrats in washington, d.c. it means keeping taxes low, cutting red tape so that businesses can grow and invest. it means preserving and protecting social security and medicare, not just for today's seniors but for future generations to come, and it inns keeping america strong the world because the world is a safer place when america is the strongest nation in it. and it means fighting. it means fighting every day for the men and women who wear our nation's uniform and the veterans who have worn it in the past. they have sacrificed so much and risked everything to protect our freedoms. they deserve better than what they are getting from washington today. and i can tell you when i go to senate, i states an will make sure that they get what they earn as they deserve. there are so many people that i want to think tonight, and first i need to start with my family. they have been there, they have sacrificed so much during this family --ycle, and, family, i love you all so very much. thank you for being here for me. i also want to thank all of my many, many, many wonderful supporters who are always willing to lend a helping hand and pray for me and my family, and i have so many of you here that have known me for my entire life, many of you. and again i want to thank you there, alwaysng being supportive, and helping me on this incredible journey from montgomery county all the way to washington, d.c. thank you so much. and lastly, i do want to thank who votedns today for my opponent. i plan to work day and night to earn your trust and confidence in the years to come, so thank you. thank you. in closing, i do want to say something about this incredible country that all of us call home. as they say, only in america. here in the fields of iowa, our grandparents worked and dreamed of a better life for their children. many, like mine, had very little to call their own, but they were determined to give their children a chance to succeed, and so they did. and because they did, they gave an ordinary iowan extraordinary opportunities, opportunities that they could only dream of. and in the senate, that is the kind of america that i'm going to fight for every single day here and everything will day. -- every single day. every single day. thank you. thank you very much. an america where no matter who your parents are, what neighborhood you grew up in, you have the chance to succeed. an america where it does not matter who you know, all that matters is how hard you work and what you can do, and working together, that is the america that we are going to build. that we are going to build. and with your help, we can change direction and take the iowa way all the way to washington, d.c. god bless all of you. god bless the state of iowa. god bless these great united states of america. thank you so much. [katy perry "roar"] ♪ >> we will have more election results starting in about 20 minutes from now on "washington journal," and we will take your calls, facebook comments, and tweets about the senate and house and governor's races starting at 7:00 a.m. eastern here on c-span. hosts theal journal day after conference this morning with a series of discussions on election results, the makeup of the new congress, and the influence of lobbyists, plus a keynote from charlie cook of the cook political report. live coverage at 8:30 a.m. eastern on c-span2. later today, the result of an election poll of 5000 latino voters. live coverage of the national press club, this is from the latino victory project and the national council of la raza at 12:30 p.m. eastern. student canc-span copy edition is underway open to all middle and high school students to create a documentary on a theme the three branches and you showing how a policy, law, or action by the executive, legislative, or judicial branch of the federal government has affected you or your government. 200 cash prizes for students and teachers totaling 100,000 dollars. for a list of rules and how to get started, go to studentcam.org. the -- here are just a few of the comments we received from our viewers. >> i'm calling regarding a bruce fineaw of preus regarding the war powers act or do was quite interesting to watch the legal debate and also the proposition that in the begin of any war, the president of theultimate hearsay ability to go to war. >> i would like to commend c-span2 for airing the risers onn from the greece and the military. informationlent that gave depth to the dynamic andand nuances and the reality, for instance, that posttraumatic stress disorder can climb up and can be resolved if you continue to try very as interventions. tvi think american history on c-span is one of the best programs. i wish we could do it more than once a week. >> continue to let us know what you think about the programs you are watching. at 202-626-3400 or e-mail us at comments@c-span.org. or send us a tweet @cspan #comments. join the conversation -- like us on facebook, follow us on twitter. >> the headline in the washington post -- a republican wave. gop dominates midterms, takes control of senate done . republicans taking control the u.s. senate after a bitter campaign, which anger at by earlyn gridlock, wednesday, republican candidates had won at least 10 of the 13 closely contested senate races. and a victory in the kentucky senate race, mitch mcconnell is set to be the junior leader of the senate appeared here is his victory speech from louisville. [cheers and applause] >> are you having a good time? on a night like tonight, i feel grateful above all else, and for me that gratitude starts with the people of kentucky. they put their trust and confidence in me for a long time, and i want to thank them tonight. i work hard to bring your concerns to washington, and i will not let up. every election is a job interview. in this case a very long one. [laughter] vision with you, you shared your stories and your concerns with me, he at one complaint has stood out above all the rest, especially in recent weeks, so i would like to make an announcement that i think will be very welcome news to many of you -- no more campaign commercials. the tv executives may not like it, but enough is enough, right? a little while ago i spoke with my opponent, secretary grimes ran a spirited campaign. she earned a lot of votes, and she earned my respect. to take onot of guts a race like this. because of the business we are in, it also meant she would take some heat. i admire her willingness to step into the arena and fight as hard as she did. we need more people who are willing to do that, not fewer. she deserves a lot of credit for it. this was certainly a hard-fought contest. [cheers and applause] i have been so proud, so proud to have my wife beside me every step of the way. elaine told me early on she was not ready to have me sitting around the house working on my resume. [laughter] andshe has gone above beyond to prevent that. she has been the most valuable player on our team, and i am so blessed to have her in my life and by my side. and to my campaign manager josh holmes -- [cheers and applause] my friends, he pitched a perfect game. thank you, josh. of course, there are so many others i could thank. they know who they are. , for you, everyone of you giving so much of yourselves to this race. nobody has been blessed with a better team than i have had over the years, and i want to thank them all. my thoughts also turned back tonight to two other people who are not here but to whom my own a great deal. my parents. i learned a lot from them both. from my dad, a combat veteran of world war ii, i learned an abiding love of this country and all that it represents, not only to those of us who were fortunate enough to be born here , but to so many others around the world. i learned the value of perseverance and got an enduring lesson as she helped me overcome a frightening bout with polio as a child. in many ways, my folks were just like any other parents of their generation. they were optimists. they believed in america. without a trace of cynicism, they transmitted the central promise of this country on to me to promise that every generation will lead the next one -- leave the next one a little better off than the one before. this is a compact that every generation of americans have made with the one that followed it, and through civil wars and depressions and world wars and strife, we have always made good on it. but as i have traveled through kentucky over the past year, i have since doubts. surenly folks are not so that that compact will survive if we continue down the road that we have been on. they are hungry for new leadership. they want a reason to be hopeful. above all, they want some reassurance that people that run the government are actually on their side. [cheers and applause] so tonight, i pledge you this, whether you are a coal miner in eastern kentucky who cannot find work or a mom who does not understand why the government just took her family's health insurance, i have heard your concerns. i have made them my own. you will be heard in washington. [cheers and applause] and look, when you get right down to it, that is what this campaign was really all about. it was not about me or my opponent. government that people no longer trust to carry out its most basic duties, to keep them safe, to protect the border, to provide dignified and quality care for our veterans. a government that cannot be trusted to do the basic things because it is too busy focusing on things they should not be focused on it all. a government that is too busy imposing its view of the world on people who do not share that view. too many and washington have forgotten that their job is to serve, so tomorrow, the papers race."y "i won this [cheers and applause] but the truth is, the truth is tonight we begin another one, one that is far more important than mine, and that is a race to turn this country around. [cheers and applause] to restore hope and confidence and optimism to this commonwealth and across this nation of ours. do not change after tonight. i do not expect the president to wake up tomorrow and do the world any differently than he did when he woke up this morning. he knows i won't, either. but look, we do have an obligation to work together on issues where we can agree. duty to dohave a that. just because we have a two-party system does not mean we have to be in perpetual conflict. i think i have shown that to be true at critical times in the past. i hope the president gives me the chance to show it again. we can and much that should do for the good of all americans. kentuckians are tired of a government that only seems to work when it is working against them, and they are also tired of hearing that those of us who fight for them in washington are somehow the problem. dr. noelonored to have hunter with me tonight. you have all gotten an opportunity to get to know her. what next ordinary woman. dr. hunter was determined to get her daughter back against all odds, and she did it. when all was said and done, she achieved something else that a lot of people said was even more seemkable -- she made me more warm and cuddly. [laughter] [cheers and applause] you know, over the past year, a lot of people from outside the state have tried to tell kentuckians what motivates me to do what i do. say, butm have their here is the truth -- to anyone who says nothing ever gets done in washington, here is my five-word answer -- "tell that to noelle hunter." this woman is the reason i run. she is the reason i do what i do in washington or do we can make a difference, and we do every single day. we are proud of that in my office and as i have traveled across the state, i have become acutely reminded of something else the government can do. tocan do terrible damage families and communities. i have seen the hurt in people's eyes. it breaks your heart to see the pain that distant planners and federal agencies are causing to so many in our state, and if you me,an elected official like it hardens your resolve to do something about it. [cheers and applause] for too long, this in administration is try to tell the american people what to do -- what is good for them and then blame somebody else when their policies did not work out. tonight, kentucky rejected that approach. [cheers and applause] tonight, kentuckians said -- we can do better as a nation. said -- we can have real change in washington. real change. intendt is just what i to deliver. so friends, tonight turns a corner, and the future i see is a bright one. that withhave seen the current crowd in washington is offering is making us weaker both at home and abroad. they have had enough. you know, there is an old saying that it's often tribute it to winston churchill that i am reminded of. here is what he said about us, about americans. he said -- you know the americans, they always do the right thing. after they have tried everything else first. [laughter] friends, this extremity and big government has lasted long enough. infriends, this experiment big government has lasted long enough. it is time to go in a new direction! [cheers and applause] it is time to turn this country around! and i will not let you down. thank you so much. [cheers and applause] >> [crowd chanting "mitch"] >> ♪ that old man that old man spent his life working off the land ♪ ["made in america" by toby playing] >> c-span's live coverage of election 2014 continues with results and your calls. here's a look at where we stand at 7:00 a.m. eastern time this morning in the senate. the democrats have 53 seats. republicans, 45. overnight, that has switched. 43 for the democrats. 52 for republicans. there are still three undecided races. ,n the house of representatives 233-190 in favor of republicans.
?lse to leave and there appear i apologize. that is the word. throughout the day, you can conversation on c-span or our twitter feed as well. .itch mcconnell 2:50 p.m. eastern time, the live here on c-span. mitch mcconnell is a presumptive new majority leader of the u.s. senate and he's both, as did his allison, they both spoke last night. we want to show you the concession and victory speeches from last night. [cheering] >> are you having a good time? [applause] , we areht like tonight grateful, above all else. for me, the gratitude starts with people of kentucky. [applause] they have put their trust and confidence in me for a long time. i want to thank them tonight. i work hard to bring your concerns to washington and i will not let up. [applause] you know, every election is a job interview. in this cake, a very long one. [laughter] i have shared my vision with you. shared your stories and concerns with me. one complaint has stood out above all the rest, especially in recent weeks. anould like to make announcement i think will be welcome news to many of you. no more campaign commercials. [applause] lifev executives may not -- like it, but enough enough. a little while ago, i spoke with my opponent. she earned a lot of votes and my respect. to run on a lot of guts a reason this. it also meant she was get some heat. i admire her willingness to step into the arena and fight as hard as she did. we need more people who are willing to do that and not fewer. she deserves a lot of credit for it. this was certainly a hard-fought contest. [applause] i have been so proud to have my wife the hot desk beside me every step of the way. -- my wife beside me every step of the way. [applause] know, she told me early on she was not ready to have me sitting around the house working on my resume. [laughter] she has gone big -- above and beyond to prevent that. i am blessed to have her in my life and by my side. [applause] to my campaign manager, josh holmes -- [applause] my friend, he pitched a perfect game. thank you, josh. of course, there are so many others i could think. they know who they are. of you, forveryone giving so much of your cells to the race. nobody has been blessed with a better team than i have had over the years there and i want to thank them all. my thoughts also turn back tonight to two other people who are not here, but to whom i owe a great ale. my parents. both,ned a lot from them from my dad, a combat veteran from world war ii, i learned a love of this country and all it represents, not only for those of us fortunate to be born here, but so many others around the world. my mom, i learned the value of perseverance and got an enduring lesson. she helps me overcome a frightening bout with polio as a child. in many ways, my folks were just of theirother parents generation. optimists. they believed in america. without a trace of cynicism, they transmitted essential product -- essential promise to me. next one better off than the one before. this is the compact that every generation of americans have a with the ones that followed us. through civil war and depressions and world war and strife, we always made good on it. as i have traveled through , suddenly, folks are not so sure that compact will survive, if we continue down the road we have been on. they are hungry for new leadership. they want a reason to be hopeful and they want reassurance that the government is actually on their side. [applause] tonight, i played you this. whether you are a coal miner in eastern kentucky who cannot find work, or a mom who does not understand why the government just took away her family's health insurance might hurt your concerns. i made to my own. you will be heard in washington. [applause] , when you get right down to it, that is what the campaign was really all about. it was not about me or my opponent. it was the tablet -- about a government people no longer basicto carry his most duties, to keep them safe and protect the border and provide dignified and quality care for our veterans. a government who cannot be trusted to do the basic things because they're focused on things they should not be focused on at all. a government too busy imposing its view on the world to people who do not share that view. too many in washington have forgotten their job is to serve. tomorrow, papers will say that i won the race. the truth is tonight, we begin another one. one that is far more important than my. that is a race to turn this country around. [applause] hope and confidence and optimism across this nation of ours. some things do not change after tonight. the president to wake up tomorrow and view the world a differently than when he woke up this money. he knows i will not either. but look. we have an obligation to work together on issues where we can agree. we have a duty to do that. just because we have a two-party system, does not mean we have to be in perpetual conflict. i have shown that to be true at critical times in the past. i hope the president gives me the chance to show it again. there is so much we can and should do for the good of all americans. kentuckians are tired of americans who always seem to work when it is working against them there it they are tired of hearing those of us who fight for them in washington are somehow the problem. i am honored to have dr. noel hunter with me tonight. [applause] all gotten an opportunity to get to know her. what an extraordinary woman. dr. hunter was determined to get her daughter back and against all odds, she did it. when all was said and done, she achieved something else a lot of evils that was the more remarkable. she made me seem all warm and cuddly. [laughter] [applause] ofr the past year, a lot people from outside the state have tried to tell kentuckians what motivates me to do what i do. i let them have their say. but here's the truth. to anyone who says nothing ever gets done in washington, here is my five word answer. tell that to noel hunter. [applause] this woman is the reason i run. she is the reason i do what i do in washington. we can make a difference and we do every single day. we are proud of that in my office here at and yet, as i have traveled across the state, i have become acutely reminded of something else the government can do. damage toterrible families and communities. i have seen the hurt in people's eyes and the mountains. it breaks your heart to see the agencies are causing tomb so many in our state. and elected official like me, it hardens your resolve to do something about it. [applause] too long, this administration has tried to tell the american people what is good for them. blame somebody else when the policies did not work out. tonight, kentucky rejected that approach. [applause] tonight, kentuckians said, we can do better as a nation. tonight, they said we could have real change in washington, real change. [applause] and that is just what i intend to deliver. friends tonight, we turn the corner. the future i see is a bright one. americans have seen what the current crowd in washington is offering is making us weaker both home and abroad. they have had enough. [applause] you know, there is an old saying often should it too was in church so that i am reminded of. here's what he said about us, about americans. he said, the americans, they always do the right thing. after they tried everything else first. [laughter] this experiment in big government lasted long enough. [applause] it is time to go in a new direction. [applause] it is time to turn this country around. [applause] i will not let you down. thank you so much. [applause] ♪ >> ♪ mild man living life off the land dirty hands in a clean soul it breaks his heart seeing foreign cars filled with fuel that is in hours and wearing hot and we didn't row he's got the red, white, blue flying high on the farm on his left arm spend a little more in the store for a tag in the back that says usa he won't buy nothing that he can't fix the wd-40 and a craftsman wrench he ain't prejudice, he's just a made in america new lenses life but she's that wife that decorates on the fourth of july but says, every day is independence day she's golden rule, teaches school, some folks say it isn't cool but she says the pledge of allegiance anyway he's got the red, white, blue flying high on the farm tattoo on his left arm spend a little more in the store for a tag in the back that says usa he won't buy nothing that he can't fix with wd-40 and a craftsman wrench he ain't prejudice, he's just made in america born in the heartland a family of king james and uncle sam he's got the red, white, blue ♪ [applause] [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org] [captions copyright national cable satellite corp. 2014] [applause] >> allison, allison, allison. >> thank you very much. a months ago, we began journey to send a message that washington is just not working for kentucky, that we want to actually put the people of this state first, instead of partisan politics. along the journey, we showed the nation what the commonwealth is truly capable of -- capable of, breaking world records here in fundraising,th our leading the nation with our work to build a grassroots organization unlike any the commonwealth has ever seen, 16 offices, 6000 volunteers, and momentum to northern kentucky. possible.ade this was made possible because of an amazing husband, an amazing family, my fellow constitutional officers, governor collins, governor brown, governor jones, governor patton, and, importantly, the deputy -- dedicated staff and each and every one of you. [applause] tonight cannot bring us the result we had hoped for. fight for you,he it was worth it. i will continue to fight for the commonwealth of kentucky each and every day. [applause] my hope is that the message has been sent to congress that we need to work to increase the minimum wage, to close the gender pay gap, and to bring good, paint jobs back to the commonwealth of kentucky. this journey, this fight was for each and every one of you. to keepork my hardest the amazing organization we have fighttogether intact to for a brighter and better future. we deserve that. [applause] i want to thank the hundreds of thousands of kentuckians who made it out to vote today. you have your voice heard. that is what democracy is all about. to each and every one of you that cast a ballot in the selection, i will continue to work for you and together, we will rebuild a brighter future for the commonwealth of kentucky. thank you very much. [laughter] [applause] [applause] >> mitch mcconnell wins the race by a large margin there and is now the presumptive senate leader for the congress. we continue with reaction to campaign 2014 and a result yesterday in our election. we continue our phone lines with your comments for democrats. republicans, -- make sure you mute your television or radio when calling in, and you can also join us on twitter and c-span. we continue our coverage here throughout the day with notable events coming up today live. aboutst want to tell you the briefing with the chairman of the republican national committee coming up today at noon. we will have that live or you. mitch mcconnell is winning his race in kentucky and the presumptive senate leader now for congress. he holds for elections at 2:00 p.m. eastern. tosident obama with reaction winter elections and news conference. all of that live coming up here on c-span. on c-span2 coverage with other observations on yesterday's election. check out our website for schedule information. there are a couple of races still outstanding close to the washington area of virginia, facing election with the former chairman of the republican national committee. understanding marx warner will be holding some sort of conference later today. we will bring more information on that when it is available. we learned louisiana, as expected, will go to a runoff a month from now between the incumbent senator and one of her republican opponents, congressman bill cassidy. that will be held in early december. been to alaska, where all of the votes are in. we want to show you what it looks like three in the senate race. reporting and a 49% .ead, over 45% for mark let's go over to colorado for the governor's race between the and the republican. you may have seen earlier on washington journal, that tweet from the denver post. they called the race for the governor. i do not think the associated press has so far. we will keep you posted on that. a big night for republicans in the senate and statehouses across the country. 12 or 14 seats. more of the concession and victories beaches coming up in just a bit. let's continue to hear from you and go to colorado. chris is in colorado springs. have they officially called the race? >> i believe it is yet to be called. it was like the governor will take the ticket again, even though i voted for mike and then the democrats running and the unchallenged republicans. i wanted to mention we here in is aado feel like this move to target colorado to bring in the pipeline and affect our infrastructure and commonwealth structures. >> you're talking about the keystone pipeline? >> i am. aalso wanted to wish beautiful morning and remind everyone that rosalynn carter, the first lady, works to stop foot people in mental hospitals around the world. helped tocarter mitigate pes in 30 countries. that is my only criticism is that jimmy carter is not mitigating the peace process in the middle east. >> in colorado yesterday, a pickup for republicans with the representative winning the senate seat. is marietta. leon the republican line. what about the senate race in georgia? >> it was great and i think voting is the second most important thing any american should do. these people who complain about voter fraud and just fingerprint the people and be done with it. you go vote and everybody is supposed to vote. we will vote and only vote once. >> there was concern in georgia yesterday about people who do not know where their polling places were. how did that play out? >> it played out well as far as i know. >> here is dawson springs, kentucky. chuck is on our independent line. would he think about the senate race? >> mitch mcconnell is who i voted for. it is amazing to me listening to the different people, and there it it amazes me how forgetful we are. in 2008, when president obama democratic, he had control and they virtually have nothing done besides the bills no one read before they voted on it. i do not understand why anybody is even -- it should not even be something youe on do not read, and have time to read it, it amazes me how forgetful our country is. presidentepublican that abolished slavery and it that republican congress sent the civil rights those who lyndon johnson. republicans have not done a good letting people know the history of what really happened. everyone talks about how republicans will do away with social security in all of this. republicanshave the had a majority, and the social security state there and nobody ever touched it. they tried to mess with it. anybody who messes with it automatically becomes vilified. they do away with that stuff, because that is the only way to -- only thing democrats have to run on. republicans have not expressed what they want to do either. they want to cut taxes and i think that is a good deal. the fact of the matter is, they do not us pressed they want to do and it makes it look like they do not have any ideas, because they want to go back to the same way the cut was just health-care was, and i thought it was fine before. i was in this shape for a long time, that my wife did not have any health insurance. >> we will let you go there with your comments. we appreciate the comments. in kentucky, we will hear what mitch mcconnell x in the road ahead. congress comes back a week from today to begin the lame duck session as they wrap up is this for the 113th. mitch mcconnell, the presumptive leader of the u.s. senate. his new, just news conference coming up today. live on c-span. sanford, north carolina. our democratic slime, go ahead. that is not joanne. we will you on hold. this is joanne. hello. >> good morning. >> how are you? less all right. i am glad things worked out like the lord wanted it to work out and not like we wanted it to. the main ring is that we put our votes in and ask the lord to bless the rest. we have to keep encouraging our young people to vote because their vote matters. life is a ballgame and it is all how you play the game. do not participate, you do not expect to win. much prayer and much promise, it will be for the year out for all of god's people. we are grateful for all the candidates that one. we need to keep them in our prayers that the lord will bless them for the united states and the world. >> we appreciate it. a tweak from the hill about harry reid's plan. let's go to arkansas, republican line. this is tommy. the turn out there? >> it was wonderful. i think arkansas spoke. they are tired of the democrats not doing what they said. when you do not talk about the issues, that is not the way to do it. back on the get right side of the road. we will get some things done. i think the republicans will president, if you will work. he is a dictator. he will not work with anybody. he never takes blame for anything. when i'm wrong, i apologize. he has never done that. here was blames everyone else and i do not think it is right. and the one with the final vote -- vote for obama care, he did not like it and we got rid of him. now we have a republican governor and we will now get some things done. >> congressman tom cotton, one of the seven republican with winners last night in the u.s., taking the seat in arkansas by a vote of 67%. pushing republicans to at least 52 in the u.s. and it. campaign 2014o and election day. let's go to those victories each is in arkansas for last night -- victory speeches in arkansas for last night. [applause] [applause] >> thank you. thank you. thank you everyone. how about that win? well, i think it was one we all hoped for and it acted, but perhaps a little earlier and bigger than any of us would have expected. thank all of you for being here and thank you for your support. most important, i want to thank you, the people of arkansas. i am humbled by your confidence. it is an honor. every election is about a choice. a choice for the people. in this election, the people had a choice between two lays of governing and living. is a choice about the equal rights that god granted us, that the declaration proclaims and the constitution protects. [applause] choice to live as a free people to govern ourselves freely under the greatest constitution in history. [applause] the people of arkansas tonight have made their choice. we have again chosen constitutional self-government, which allows each of us to flourish according to his abilities and industry, to live with the blessings of religious liberty. under law, and social our government rather than be controlled by it. [applause] throughout this campaign, arkansans have told me they are ready for america to again be a great, strong, and prosperous country. we reject the pessimism and defeat is an inherent in the other way of governing. role ofaucratic presumed elites. the other form of government now consumes a nearly half the fruits of all of our labors and david. it in shoes on private life. every community in every business, every school and every person, gives unwanted instructions from unaccountable and unelected elites. this other form of government always wants to help, but is always lingering. [applause] constantly speaks to aid, but constantly ends up straining. a material security by choosing these other forms of government, but under it, there is no true security for anyone. government big enough to grant everything is big enough to take away everything. in this campaign, i contended if we choose this form of government, we will spend so much trying to make us all the same that we will all be impoverished and elevate presumed elites are there still. country will be too poor to defend itself from entities that multiply abroad, to protect our borders and provide opportunity for citizens, and to sluggish to provide work for the able. choiceknow decline is a and we have resoundingly rejected it. [applause] arkansans are a free people and tonight, i have chosen a free government that is limited in scope and confident in its rightful duties. we chose a government that aids students without taking away their freedom or everyone else's freedom in the process. arkansans have chosen a government that protects all the things we hold dear and in common. the national rights, the national defense, a system of free enterprise build from private property rights, not special privileges. to think our minds and pray our prayers and raise our kids according to our faith and conscience. [applause] to do these things does not require a relentlessly centralizing, bureaucratic administration of supposedly leads. it requires the exact opposite, constitutional self-government. that is the choice we face. this election was not so much about mark pryor or me, but about you and about how we choose to govern and live as a people. tonight, i received a gracious call from senator pryor. i commend him for it you're at it campaign. along with every other arkansan, i thank him and his family for their years of service to our wonderful state. [applause] senator pryor and his family will be in my family's is prayers, as i know they will be in yours. i also want to thank everyone who made this night possible. my whole team, for whom the hours were very long, but the pay was very low. [laughter] but these great young people did not work for me. they work for you. and the people of arkansas. [applause] to all our wonderful volunteers all around the states, who work in these last hours, days, weekends, weeks, months, wonderful women like betty and and and so many others. [applause] and so many others who worked so hard and sacrificially for our campaign. the people who supported me not just in this campaign, but over the course of my entire life, and i take you, the people of arkansas, for now distilling on me the privilege to serve you. i recognize not everyone voted for me tonight. but the season for campaigning has ended. now, we begin the serious work of governing to improve the lives of all of our people in every sage -- stage in life. democrat, republican, and everyone else. [applause] while i am a proud republican, you elected me to represent arkansas in the united states senate. it is arkansas i will represent. [applause] tonight, this victory belongs to you, the citizens of arkansas, to all of the families struggling to make ends meet. to the workers and businesses just barely holding on, to the young and the old who dream and still believe america is the greatest country on earth, where all things are possible. i will work to make that dream a reality again for each of you. i will not forget it was you who elected me to the senate and it is you whom i will listen every day. [applause] of course, none of you will agree with every vote i cast where every word i the, but i've have, i- but as i lacked in my judgment and unbiased opinion and asked in my reasoning frankly. we may on occasion disagree, but i firmly hope i will never disappoint. i know many of you are cynical about our politics today. deadly, with much good cause. i will not fondness -- promise to your -- to heal the planet, but i will promise to act with integrity and principle and use politics as an instrument unitas and not a weapon to divide us. [applause] us and not a weapon to divide us. [applause] together, i hope we can turn that cynicism into a healthy skepticism that recognizes men are not angels, and yet also appeals to the better angels of our nature. i served you before in distant lands. my heart is filled with gratitude for them, my old battle buddies. sister,arents and my who have loved and supported me, and for my wife, anna, whose love sustains me and completes may. [applause] and for our beloved country, whose promise i will always cherish. whose blessings i will never forget, and whose call i will ed.ays he especially tonight, my heart is filled with gratitude for you for allowing me to fill that call again. god bless you. [applause] ♪ ♪ ♪ ♪ [applause] >> thank you. thank you. thank you. thank you so much. thank you. let me start by just saying, to god be the glory. i believe that. is ineve god's hand everything that happens in this election is no different. 12 years ago, the people of arkansas gave me the greatest privilege of my life, to represent them in the united states senate. those years were filled with hardships and difficult decisions. words, the most severe economic downturn in my lifetime, and exploding national debt, to name a few. but also those years included a lot of good things. bringing our men and women home from distant lands, and, even though it has been slower than i would have wished and a lot of us would have liked, and american economy poised to grow and be stronger than ever. i believe in our constructor might believe in america. the biggest and most serious problem we are facing in our nation today is the dysfunction of our political system in washington. we have incredible potential. but we will not reach it unless starts to work again for all of us. [applause] if we're going to continue to be the greatest nation on earth, we must work together. a future united is much brighter than a future divided. tonight, the people have spoken. i just called tom cotton to graduate -- to congratulate him on his victory. i wish him the best as he takes his seat on the senate floor. i want you to know he will be in my prayers. that is part of ticking off the red and blue jersey. [applause] we all need to help him do his job. confess, thank you -- [applause] >> we love you, mark. [applause] confess that i have some sadness tonight. i will miss waking up everyday to go to work for the people of arkansas. as one chapter of my life closes, another begins. uncertain, and exciting. i know god will direct my steps to whatever he has planned for me. i leave this stage, i have to thank a few people. first, joy, who has been with me every step of the way. [applause] and my two children. come on up here. [applause] and of course, my wonderful and my two brothers, you all come up here. my two others. -- brothers. but also, a great campaign team and my incredible, official staff. past and present. thank you. and all of my many supporters across this state who believed in me and carried me through the campaign. thank you and god bless you and god bless arkansas and god bless the united states of america, thank you. [applause] ♪ ♪ ♪ ♪ >> a concession speech from mark pryor, the democratic incumbent in arkansas who loses to congressman tom cotton, northwest arkansas in that senate race by a percentage of 57-39. a look from the associated press on how the votes ruled out in the state of arkansas. you can look at the map turning red in arkansas and the eastern part of the state in literal -- little rock and north of little rock, the democratic part. from arkansasr will be tom cotton. still on the map are three undetermined or undecided states to three senate races are still out there and those will be virginia, louisiana, and alaska. map, thelook at the vote so far in virginia, senator warner with a slim lead over the republican national committee chair. going to louisiana will be going to a runoff and her challenger, bill cassidy, she has 42% of the vote, but that is a state where you have to get 50% of the vote or it goes to a runoff. she faces two republicans, one of them being bill cassidy. we see that runoff, december 6, i believe. alaska, where it appears most of the vote is tallied, showing the republican incumbent dan sullivan in the lead with 49% of the vote to 45% from mark is. begich you know thet reaction yesterday up to the election vote. coverage at noon eastern today of the republican national committee chair briefing reporters on the race and the elections yesterday. we will have that live for you. at 2:00 p.m. eastern, mitch mcconnell will speak to reporters. we will hear from president obama at the white house this afternoon at 2:50 eastern. all of that is live here on c-span and c-span radio. we continue to take your calls. for republicans -- your tweets are welcome as well. let's hear from indianapolis. welcome, sherry. go ahead. all thet to thank people allowing me to speak today. congratulations to all the winners. i am sorry for all the losers, because we're really not all losers. this is about uniting america. i hope there will be a change. i think americans feel it does not matter anymore. i think democrats have lost and we did not get out there and campaign enough. we need to get out to special places like colorado where they felt they were left out and i feel like me, personally, i could have done more to maybe get this out. it is important to vote. it is as important an even more important now than it ever was in the past. i want to thank my uncle because he showed me this is the process and it is about working together and hopefully, the republican senate will do that work and we will agree to meet in the middle somewhere. independent our line. thank you for the call. louisiana. who did you vote for yesterday, if you want to share that with s? >> i see she won by 42%. the republicans won by a landslide. i do not understand how that happened. , thedid not do anything do-nothing party for the last eight years. that is big in the business. how the american people wanted, so be it. klesko louisiana race going to a runoff because none of the candidates got 50% of the vote. to the louisiana race on twitter. matters arunoff still great deal to republicans. a face a tough senate map in 2016 and need to pad their numbers as much as possible. -- louisiana will be an expensive test for parties. a reaction from viewers on twitter. we'll get to that in a minute. get back to the call speer the republican line, hello, there. hello? go ahead. you are on the air. >> i would like to say congratulations to all the american people for voting republican. we know at this time, the obama government is not really in the right direction of security. i hope these people will do what is right. may god bless all of them. -next up is that he in west virginia. there is a new senator in west virginia, senator elect capital. go ahead. from peter's town, west virginia. go ahead. >> west virginia made history. i would like to see more news coverage on it. we elected the first mormon to the u.s. senate and we took the house the first time in 80 years . our senate is split 17-17 for the first time in the history of the state, and we beat congressman rahal, who has , for afor 38 years newcomer by a tremendous amount. you know, we are in a small state and we have a wonderful united states senator. i am a registered republican and i have the highest respect for him. but west virginia really made history for the republicans. >> shelley winning 69% of the vote. she was one of seven republican pickups. 52 is the number so far in the 114thjority in the majority. randy is on our democrats line. how did things turn out in your eyes? >> good. i voted for hogan and i was happy to see it turn out. i am a democrat but was tired of all of the spending and the borrowing that we were doing. so i decided to switch party allegiance this time and go with republicans. a lot of people -- >> a lot of people were surprised by that are the number in talked about the spending. what other issues with her in maryland that toward the republican candidate? >> we were talking about $32 million in money that we did improve old rundown buildings. i don't think we we don't e money that have to drive our economy deeper into debt. for your call randy. the associated press is talking about how the republicans are poised to pick seats and reliable democratic areas like maryland. let's go to burn in new york -- vern in new york sarah on the independent line. >> i was listening to fox news were weeks ago and they talking about politics. the guy interviewed by bill marr said, you don't think that people will remember a half ago what happened? people in america forget. people forget in your eyes? > > the republicans almost the states over the edge. drugs that could ouse not. is pam hines calling. no surprise to back is was a giant step for all people. the money that keeps adding up will be taken away from our people. the is going to fail. wealthiest y for the what e people. this is they voted for and this is what they are going to get. >> next up, alan from moose lake minnesota. wonderful day a in america. it actually gave people a chance to say, we have had enough of taxes and controlled by democrats taking and our life away want republicans to actually not get along with democrats to take control and reverse all of the taxation and all of the controls and all that we have m lost. we don't want them to say we are going to be your friends now. we really hope that they and d what we've said actually do something. but i'm and actually do something. but i'm very saddened to hear that minnesota did not swing that way with republicans as it should have. unfortunately in this straight we have a huge influx of welfare voters who -- >> it looks like in minnesota he is be reelected as senator there. >> thank you for having me on your show. it is a great day in illinois. this gridlock with the thugs and the machine in all over or a hard and the state, and t-1 and what a day it is here. lot fully he has promised a of things but even if he just accomplished the half of them we would be in better shape. >> you are in illinois. what like to see done? reform for one reform for one o thing. we are so far in debt that we need to lower taxes. he wanted and thank heavens he did. we have been thought of as having a thug type government. >> let's hear from ohio on the independent line. i would just like to try to get the american people to rememberhow poorly the war in iraq was fought to end how it has pushed our deficit. the american military should have been over there fighting and we had blackwater and it was a ridiculous war. people died were injured and that included the iraqi people. not to mention war was a lie. the american public was tied to it before going into iraq. i want the american people to look at and which y has lied party has done something for the actual people instead of money winning this election. cleared the little guy is not quite to have a now and the republicans -- taxed unions, and the unions, and all i can say is that the unions need to fight back. >> what you think about the your senate government race? it is ready fair. folks really ese are half-and-half. you have all the s and positives way through. for the most part is split in half. i be even ey're going to more issues regarding everything back to how it used to be. >> sounds like colorado is a bit split in half as well collecting any republican senator and it appears that democratic governor will stay. >> i am not a democrat. i think to the fair ans thing in winning, but i'm not all of o agree with their taxes. basically this is obama. this against democrat and republican thing, it is a vote against obama and will be a gridlock no matter what. appreciate your call. more responses coming up on facebook and twitter, with coming up coverage later today. but is go now to colorado where the incumbent was just over 56% of the vote will be speaking with cory gardner. evening again colorado republicans. it is a privilege next troduce to you the united states sen. for the state of colorado, cory gardner. quick question for anybody here from uma?tonight we shook up the shook up the senate. your message was heard nevada to pennsylvania avenue. as republicans in used to we've gotten the saying, why until the next have news for e i election has finally happened. a few minutes i spoke with sen. udal and thanked him for his incredible sacrifice and commitment to public service in the name of colorado a better place, in the name of working together for a smoother transition nine months ago in boulder i stood before you to accept nomination for united states sen. it was there that we recognize the great challenges that face to get to the state, saying then that we have signed up to be tip of the spear, the vanguard of the movement that sweeping our nation to break down gridlock and change the composition of washington dc. we have indeed reached at and have realized success of that movement. voters in that state have their and are not red, they are not blue, they are clear in their mission to washington dc to get the job out of the way. to work to fix the washington is out of step, and at a time. today colorado became the the balance of power. it is a government that can solve big problems because the government has the courage to unite voices that, while they may not have voted with the victor recognize the need solutions and uncommon notion in washington, the solutions don't have to do with party and politics but rather with you,the people of colorado. i'm convinced that we won this election because we asked to lift their eyes great rocky mountain horizon to look ahead to a future that is brighter in our is forever r state an ever hopeful attitude all of us are here tonight because we believe there's something exceptional but our state and our nation. we believe in courageous ideas the power of optimism, the power of the american story electioneering but enduring, to be better tomorrow than we are today. i say we can nation's problems together, that together we can economy, tronger increased energy independence, protect our incredible tonight ent, because the people of colorado have sent a message that what is happening in washington is not working and must stop. leaders not stop at the status quo and think they deserve a pat on the back. this is not a message against republicans are democrats but a warning against those who fail to act on our nation's greatest challenges. over 200 years ago people came to this great nation wondering became who we are. how of this ragtag nation farmers and planters feet nation on this earth. and it was because each and every one of us has a passion fries and to rise, be better, to imagine a great nation and great economy, a nation that rises. thanks to made this made possible and thanks to my family. we let's make sure that leave this country forward. god great state of colorado. >> thank you all. i think i speak for everybody on the that we love say you. you are phenomenal. i just called congressman gardner to him. he was that i s. i told him would instruct my team to work make a smooth transition. i told him that job rado governors the best in the world. i thought about abe lincoln and his famous that about the boy stubbed his toe, and said it hurts too much to laugh but he too big to cry. i do respect the will of the voters here in the state of colorado but i about my dad who, remember f you may the the election, and said voters have spoken, the blankety-blanks. i want to say it been a privilege to serve for the last six years and in i wish congress gardner the best. we truly live greatest state in the nation. and that means so much to me to represent that in the u.s. n senate. my wife and constant always on maggie has been my life. children tess and to are the reason i chose enter public service. their love and their inspiration is always supported me during the times and the bad. my and james i and brad here. many of you know that we lost our brother randy asked happy that he and his wonderful children are here with us tonight. conscience lways the of our family. face to say that he would say what i was thinking. but he used to think ought to be thinking. and he was the smartest and most principled known. in many r ways this campaign has been dedicated to his memory. i also thank my incredible they . the tireless work do. i have had the great fortune to work with some of the most talented and people the water me. want to single out my chief of staff and state director. also want to pay special to my campaign manager two jennifer mber ritter. they build this campaign from the ground up. i could not have run this race their counsel and patience. they need when they were on board that they signing up for something big, the grit and determination have made this possible. it was ballot written on the but it is a campaign that was built because of all the supporters and friends that we've had the fortune to have. we had seven a half thousand part of his s as maggie in short, put it, we did democracy. am a mountain climber. and you all know that i've said over and over again as they approach this campaign is that it was the biggest and man tonight ever faced. -- mountain i have ever faced. a few summers ago i skied to summit of pikes peak. i be there all alone. the place where america felt iful was written. i and instead of . seeing that as a division between the red and the communities i saw the red and white and blue as a whole, which is what makes our nation the greatest in the world. the great egner, western writer, challenged us that match mmunities our scenery. that day i realized what he meant. my helped raised six kids, played for the denver nuggets, congress for the man decades. he admired a called bill rogers, who was the stewart of his time. he said that we are all here for just a short time before we get a few laughs, be the best you can, live your you lose whenever your head. as long as i've had the privilege to serve people of colorado i've always felt that i've come out ahead. tonight is no exception. maybe first amended friday we will be going back to work to communities match our scenery. the greatest us vilege of my night as sen. of colorado. thank you very much. >> another pickup for the republicans last night and that they went in the u.s. senate. that is mark udall of colorado concession speech last night. here are how the numbers lost to cory e gardner 45% versus 49%. in the has just s race which been called john hickenlooper remains as governor with a challenge from bob beauprez. we continue to take your comments and calls here on reaction to election day. numbers on the screen. as can join us on twitter well at c-span. just reminder several news conferences that we will cover todayin just over half an hour. on thank you for having me the republican line. i have pres. obama gainst him his color. i have seen as a socialist. in fact right somebody supporting else for president. i think this is a referendum on going too far with socialism in this country. it is dying around the and people see that. i'm just hoping that we can strike of happy accord between safety net that works capitalism have its way, because we had better get a global economy now. that is really all i have to say. on our democrats line from philadelphia. >> i hope rick scott does not for anything but anyway, i i have been that watching and listening to the callers on c-span and there few concerns that heard ones that i've only one admit that this was a vote i do st pres. obama, and of ieve that it is because his color and it has been this way for the last six years. willing to is not admit that is lying to him or caller . you had a earlier who said he could not pres. er anything that in his six years and a few things i thought of top of my head were on him wage for employees, and the increase in businesses. s for early on obama created a seniors e service for obama phone. bed except unemployment, democrats to expend any more, and we know about obama care. >> what would you like to see get done between congress and the white house? >> how much time do we have? >> i would like to see would ation reform. i not use see republicans the border as an excuse. people need to look at that just to see how much border security we now have that we never had before-. that is the truly like to uld see. the minimum wage and would like to see increase as well. passed minimum wage increases. could be go to boston where they have a new governor coming into on the usetts. john is you pendence time. what by charlie e wind over martha coakley? >> i am an independent and parties in the past. generalist i am surprised the democrats even gave martha a second chance after disastrous campaign a few years ago against scott brown. shoot another horrible campaign here. i think she over d her incompetence kind of again. i'm shocked that she was able to stay in office for so long. but i think charlie baker one ran a calmer, cooler, collected campaign. i'm a young voter and i know that a people have gotten excited about his candidacy. he pretty well in boston as opposed to some of the more conservative parts of massachusetts, so i think it's massachusetts r if martha coakley would have it is a ould if disaster. >> thank you for the call john. about vious caller asked the minimum wage. here is how played out in alaska. --paula is pablo on the republican line. we have is that we have a republican governor who cannot work with the rest of the government and that is are not getting done. now we have a government coming in that is republican and today i want to say about new republicans coming in, i think we did change because we need a balance, is that we need some realistic suggestions for the economy. i would also like to see something done with immigration. it is a big problem but it is really have it. people are here. i would like to see a we have hoover dams, we have the great wall of to na. we need something separate the two. this would be the greatest thing ever built we have the engineers. when that is finished then we stays and who goes. on our democrats line. like to see some honest conversation about that. these politicians both but both 'm a democrat are guilty,they come on and say this is why everything is great. i will take a republican why tion and tell you everything is great. this would jobs in the ns of states. the republicans never say we do not have the infrastructure to do it. there is closer we have preset demand. who knows it 50 years we might need it, it's too close to call. >> in virginia mark warner has a very slim lead over the challenger ed gillespie. the associated press says 99% of precincts were reported. this is howell, michigan. about the ling election results. i guess what to comment on is the washington bureaucrats to what has just happened. if you look at the exit polling reason was the e economy. we cannot grow the economy by distributing wealth raising the minimum wage. that is in no way going to grow an economy. the only is to grown economy create jobs and obamacare, many of the republicans came up ervatives that the number that as one issue, because the cost of health care has so skyrocketed waiting for the mandates implemented to see will not appening, create jobs. swallow these and administrations have hurt job creation and my hope is that the washington bureaucrats step outside of washington and realize that the american people want change. >> i appreciate your calls and more comments will be coming up on c-span is the cover postelection coverage. the republican national committee will be covered at noon today eastern time. in kansas a close race as you looking at st by overwhelming number of republicans. amount see just a small they are ndependence, in green. also in kansas the was that governor brownback gets a second term. >> i told my opponent that he good and honorable wish him the best. now having said that, it was a good conversation folks, i did we did it t that way. kansas. you did it. we said for months that the road to a republican majority in the united states senate led through kansas and we did it, i don't think there's any question that the eyes of the nation were on kansas and still are on kansas today. the was counting on us to help deliver a republican majority to the senate and we delivered. you for your vote. i thank you for your work. i you for your support. and your friendship and your you are all family to now ould like introduce mine by very special this is about family, yours and mine. this is of course my wife frankie who was on the campaign trail. my son david, my daughter ashley also my other mpaign trail. daughter and my grandchildren. and my youngest, miles. who me, some years ago. thank you kansas, has truly been a privilege and an honor to serve our great state to i am deeply humbled continue that service. tonight kansas stood up and said of the great dog -- gridlock, enough of the maneuvers of harry reid, enough of the intrusive government. we made a stand for kansas and a american values, our children and their future. and we made a stand for republican values. you made a standardized it with is time for ut action and this main is ready -- marine is ready to lead that charge. is a tough election, a hard-fought election, and i orders loud ching i d clear. i will be bold. will be conservative. and i will be constructive. i promise will get things done. we will do great things nation and for kansas. we begin by unleashing the power of the american economy because business power of good governance, not an adversary. we will free job creators from stifling regulation of demonstration. will reform the level the playing field so that businesses up and down main street of kansas can grow and thrive again. now i am to be the next chairman of the agriculture committee. once again i have had the be a chairman for our farmers and ranchers. our farmers and ranchers feed a troubled and hungry world and deserve to be treated with dignity and respect. you can trust that i will bring common sense and respect back to farm country. our men and women in uniform and their lives to secure protect our freedoms. they deserve nothing less than our full faith and backing. we will renew the bond between those and those who serve. i will be a marine. and i will never stop fighting for our military and our military families the name of national security performance and the performance of individual basis i will fight to keep arkansas military bases bases kansas military at the ready. finally our families deserve better. are senior citizens deserve better. our moms deserve better. our children and our unborn deserve better. you know the greatest nation on for those in vide need. we can provide a safety net and we should. but we must ever-growing system of entitlements. greatness is of freedom and of ortunity, not independence and entitlement. if we are to remain the land of the free and home of the brave, we must not fall into the regulations f more and more benefits. our children should not have to pay for it. americans are losing faith in the government because they powerless to change anything. the endless bickering confirms the worst fears that even their elected leaders are powerless. notion. we will restore faith in our government government's a faith in you. that they can start returning to the founding principles of our constitution. our values, our prosperity, and on you. we depend will do great things. tonight, as always with a a start of e will be has turned, he tide the era of the obama-reid gridlock is over. god's good elp and grace, we took the hill. let's at is and gentlemen get to work. let's get our country back. thank you. thank you very much. i could expected a greater welcome. 10 minutes ago i called it sen. roberts and him on his ed a very cordial conversation. senator knows that kansas is deeply a part of my future and his future. he to actually work together and i said i would enjoy the opportunity and he could not have been more gracious. so congratulations to sen. roberts. i have to say that when civil i started this process we it would be difficult would face tough competition. what has been surprises greatest of is how wonderful our friends and people we have never met and volunteers have have given of themselves, they say we realize you are out here on of a man they want to a limb with you. it is something i am eternally grateful for and i have to say to all of you who are here tonight and those who could not be here, there are too many to name them individually but i cannot be i am right ul that now, for all the help and caring just the sheer love and compassion for civil -- i were shown by summary so many of you. said thank you for that. has been the greatest privilege of my life to be able to travel the state of kansas issues to kansas about that matter to them. to have them so gracious and warm and they travel the state. and again i cannot say enough about the voters of of kansas the people and how genuinely privileged i part of this be a process. i also have to say that while --won oberts one tonight we cannot lose ran against sen. the rts, we run against whole washington establishment. sent from a very strong message not have been clearer. you cannot go to washington hide behind your party label you have to go there and get stuff done. that is the message that you helped me send today. if you think about where we came from where we are today it is absolutely amazing that with everything aligned against us until 30 minutes ago we believe there was a chance that we would fundamentally change washington and i believe we did. >> my firm hope and belief is also that we sent a message to other aspiring independents out that this could be done. voters are with you. while we not get it done today i we did that what sparked a fuse that allows under independence of essays to step forward and say, enough of a for the anship, and fighting, enough with the go out k, we need to there and support americans not one party or another. as a look around the stream i realize how genuinely blessed sybille and i are. not only do we have many wonderful lifelong but i see many faces that we have now over the last months who i know think are and g to lifelong friends, i am grateful for that. if someone asks me, if you could do it all over again what would say, not to i absolutely not, this has been the greatest thrill of my life and i'm so excited to be here today with you. this is not the end of anything beginning, so thank you. to thank you all for everything you have done to a message to washington. i am firmly convinced that what we have done here in kansas, and what we are doing here tonight is great art of something for this country, start the renewal of america and i thank you for that. democrats picked up 53 seats and republicans 45. there are undecided seats in virginia, illinois and alaska. you updated on that. here is the current look the u.s. house. 234 with to 161 cans as opposed four democrats. for those who calls just to let you know they in a few minutes. we expect to take you live to remove the congressional committee to hear from the chairman of the committee. that will be coming up live here in washington. also here in louisville kentucky will hear from mitch mcconnell the incoming senate majority leader. i just want to let you know to from the reaction democratic side. we will take you to that site in just a few minutes. >> i'm calling you from the golden state of california.my comment, i have two quick i need to say, with to the republicans winning so many seats, i just food for ive them some thought with respect to our deficit and the men and women still in harm's way. that label does not apply. when women over there. that is the premise we should all be operating from with to pres. barack obama. a lot of feel there's racism but with respect to him, blatant disrespect for him what or his office, and really appalls me is that his mother and his grandparents a lot of issues.'s we have a lot of work to do. but are all ember we americans and women women are duty they step up without labels. from the oing to hear at 2 pm shortly eastern, and on c-span radio. a couple more calls as we wait to hear. >> i have a few comments. i hear the race card being cold. i feel that's a mistake. i feel the president's actions are why this vote has come out the way it has come out, and i hope the republican party steps up to the plate and puts our country back on track. -- there'sour north a call from north carolina, another state with a new incoming senator, thom tillis. what do you think about that? >> i'm sorry -- i think it's a bad day for north carolina. i think people who love their social security are going to be sadly disappointed at what he is going to try to do too it. i hate that americans and especially north carolinians haven't gotten the fact that when george bush left office, stock market was around 8000, now it's been-- consistently around 15,000, 16,000. gas prices are at a very low two dollars 80 five cents, and i do believe once republicans take office, the interest rate is now too climb from 3% 8%. gas prices arear going to be up to four dollars or two years. and there are going to be great cutbacks in social security. i hate that people forget that -- the good rings obama did i have a niece that is able to get help for cancer because of the affordable care act, which prevents insurance companies eliminating your ability to get insurance because you have cancer. >> ok, now that republicans are coming in, two more years in the obama presidency, what is the number one issue you think the president and congress have to get done? >> well, i just think that the number one issue is for us to and stopof war spending money. if republicans could pay a 50% tax under dwight eisenhower, the top 1% can pay a lot more to be a member of this country, and there needs to be a limit to jobs that can go overseas and come back here and fill -- and make a big profit and not pay their fair share of the taxes. i think there's too much corporate welfare, and that needs to be addressed, but i'm sure it won't because those people spend millions and millions to get this election. >> we appreciate your input as we wait to hear from the chairman of the republican national committee. you are looking live at the campaign committee headquarters in washington as we wait to hear from the chairman and also the head of the republican national -- national republican campaign committee, greg walden, congressman walden. ourranada hills, independent line. >> thank you. i've been trying to call you guys for a couple of years now, but thank god i got through. was going to talk about a few things other people do not talk about. one, i am very disappointed in this government that we have here. i am from europe. but i love america, and i'm happy to be here as an american, but -- >> got to let you go there. the news conference is getting under way. thank you for your call. >> this is a great day for the country. i want to start by saying thank you. thank you to the voters for putting your trust in the republican party. thanks you to our volunteers and supporters that made last night possible, and thank you to our incredible staff here in washington, d c, and across the country, including our data spot on lastre night. we had a decisive win in the senate. it was a clear defeat for harry 's dysfunctional leadership. his refusal to allow votes in the senate and order to protect incumbents backfired and actually insured their defeat. , we will add to our majority when we win louisiana. in the senate, it was a night of important first. the first female combat veteran in the senate and the first woman in congress from iowa. tom cotton will be the youngest member of the senate. theley more capital will be first woman elected to the senate from west virginia. becomes the first african-american elected to both the house and the senate. in the house, we do not know exactly how big the majority will be, but it will be a majority bigger than most of us have seen in our lifetimes. wins inroud to see utah, texas, and new york, where the youngest woman ever elected to congress, and i will let greg talk about house games that were unbelievably historic. in the governor's race, americans affirmed their leadership of republican governors, and in the bluest of blue states, they rejected democrats in maryland, massachusetts, and in illinois. even the president's home state where he campaigned vigorously elected a republican. that is how big this victory really is. finally, republicans captured many of the state legislative chambers, including the nevada senate, and the assembly, the west virginia house, the minnesota house, the new mexico house, the colorado's in it, and the new hampshire house. we'll have the largest number of republican chambers and state legislative seats held in history, so it was a historic night at every single level. this was all about a direct obama agenda.he as all of you know, president obama said very clearly that his policies were on the ballot, and voters were very clear in return -- they want nothing to do with the policies of barack obama and hillary clinton. up and down the ballot, these were the president's candidates. these were the clintons' candidates, and they lost. remember hillary clinton , wherened in kentucky democrats lost by over 15 points. hillary went to iowa, and joni ernst won by more than eight points. hillary could not even save the democrat in the massachusetts governor's race. we won in red states. we won in blue states, and we one in purple states. we won because our policies resonated with the electorate. our ground game mobilize voters, and our candidates connected with the american people. we fundamentally changed our strategy to expand the electorate and build permanent communities. in we made a strategic decision to prioritize low propensity voters , and we invested in a new data-driven ground game. the results speak for themselves. we one with our new strategy, at we beat the other side their own game. i want to congratulate all of our candidates and our partners appear with me today. moran, who didn't unbelievably great job with the nrsc, our great partners over there, and congressman walden, who has overseen one of the biggest historic gains in the history of the house has done a fabulous job, and we would not be here today without the our sisterfrom committees and the work that they have done. i also want to give a shout out to former rnc staff who had a good night winning their own elections. barbara comstock in virginia, tim griffin in arkansas, a least a phonic in new york, leslie race.ge in arkansas's ag it has been a good night. at this point, i want to introduce governor luis fortuno yo. thank you. >> as the chairman previously stated, it was a historic night for the republican party, and i will talk about how historic it was at the state level. it was a reaffirmation of the policies that republicans across the country are implementing at the state level. to actually say and announce this morning that republicans are at an all-time republican high at the state level, both in the number of chambers and number of seats that we control. i will go into more detail right away. actually, the voters across the country in blue states and red states, purple states, spoke very clearly that they want the republicans are implementing across the board, and actually, i will add that our success has to do mostly on the one hand with the politics they are implementing and two, that arecandidates espousing those policies. we made a special effort to recruit and get elected more diverse and female candidates across the country, and we also broke some ceilings -- glass ceilings there. night, there last all-time republican high was 64 chambers. that was back in 1920. now, republicans will hold a of chambersty across the country somewhere between 67 and 69 chambers. numbers are still pouring in, so we will have more details later on. we appear to be on track as well republicanand all high of 4001 republican states seats held back in 1928. the nevadap actually senate, nevada assembly with virginia house, minnesota house, colorado senate, new mexico and we are ine, the race for the main senate and the colorado house, which both are too close to call at this moment. in the west virginia senate, we have split control, 17 each. majorities in states like california and -- actuallyd with had tremendous success last night. i would also like to talk about the fact that -- i want to commend our chairman and the other two chairs for the work they did. we are winning across the country also at the state level. showe expanding the map to our pathway to victory in more than one way in years to come. i will go into that right away. actually, by expanding our majorities in all competitive great lakes states -- all 64 electoral votes -- if you add that to the 20 12th romney states, that equals 270 states -- if you add that to the 2012 romney states. i would like to add one more thing -- we are electing a fully diverse group of candidates, and both a superhave majority project and a right women right now program. as a result of this programs, on the one hand, we identified and 240 four new, diverse candidates across the country and 550 eight new female candidates across the country as , and that means we are well haver way, and we will numbers later this week to a record number of diverse and female republicans at the statehouses across the country. some of these candidates actually have made a difference. in the west virginia house, in the colorado senate, in a pennsylvania house, in the florida house, in the nevada assembly, in the new mexico house, the new york senate, and the nevada senate. nugentfornia, janet helped to end the super majority the democrats had. finally, voters elected at least 12 statewide female lieutenant governor's and secretaries of state last night and five diverse statewide elected officials on the republican side . , and include john sanchez many more. we elected a among them the only african-american lieutenant governor from either party across the country. we elected last night optimistic candidates that promote policies that are favored by voters to create jobs, get america growing and moving ahead again, more location and more opportunity for everyone, and i am proud of our team for the excellent job that they did as well as our candidate. with that, i pass it on to chairman walden. >> thank you for the great work the rnc has done three or congratulations on a great night , and a great tie. the old carpenter song "we've only just begun," and we have just begun. the republican party is back with the youth, with diversity, with women, and we've got a long way to go, and we've made great danes. if you look at the house races versus the senate, we were predominantly in blue territory. these were blue districts we were competing in, and we won because we had really good, talented candidates. that republicans in those districts nominated. we worked with them closely. barack obama passage agenda was on the ballot. it was a referendum. it is historic in its nature. greaterck to a majority than any of us have seen in our lifetime. we have still not counted martha mcsally's race yet. she is up 37 votes or something, but with the votes coming in, we think she will likely gain votes this time and become the first inbat fighter pilot woman american history to also become a member of congress. , we think we will add to the number we have on the board right now, and there are a playe of other seats in that are too close to call. it was a huge night, and a store tonight, but we also know we have to do to work doing the governing. our party ultimately will be measured by how we govern, and that is what americans elected us to do, and we are eager to get to that work. with that, i will turn it over to my friend and colleague from kansas, the jet woman who brought us a republican-controlled senate, jerry moran. -- the gentleman who brought us a republican-controlled senate. >> thank you so much for the success that we all had, but especially for the hope for all of us as we went to the 2014 election. recruited great candidates to one. we educated and trained them in their efforts to succeed, and they succeeded. there is a clear message to republicans in the future, that who our candidates are matter, and they need to be people who are capable of appealing to the voters in the state in which .hey are seeking to represent i am so encouraged by what has transpired so far. we anxiously await the outcome of alaska, but it appears very be a newt there will republican senator from that state, and i will tell you that we spent the morning gearing up for the runoff to occur in --isiana on to simmer six december 6. we will take nothing for granted in louisiana, and it will be front and center for the and rsc as we engage now for a little less than the next month. when it comes to governing, we are already at work and have republicannths as senators having the conversation that if the american people trust us one more time to be a majority, what would that mean? the messages that i take from last night's election as far as senate races is really two fold -- one is that the president, as he indicated -- his policies were on the voters' minds. they were given the opportunity to confirm, to ratify those policies or to reject them, and there is a clear message is this clear message that in many instances, those policies are not popular with the american people. what that says to me when people ask if we are willing to reach out to the president and find common ground -- we certainly are, but it also means that the president has now seen that has -- the popularity of his programs is not there, and therefore, it is incumbent upon the president of the united dates to work with members of congress to find a different solution to the problems and challenges our country faces. secondly, and equally important in my view, is the message that we are so tired of the inability of the united states senate to function. there ought to be the debate that historically has happened in the united states senate. every senator ought to have the opportunity to present their views, to argue and debate on behalf of their constituency, and ultimately, votes will be curried. what i think americans see from the united states senate -- they have seen a certainly in the years i have been a member of the united eights senate, is a place in which that is not the option, and the leader, senator reid, that we were not going to do anything. in fact, he told me my first conversation with senator reid after being elected to the united states senate that i just needed to understand we were not going to do anything. "we aren't going to do anything until after the next election." the problem with that plan is that after the next election, there's always another election, and i think there is a second clear message from the american people when it comes to the united states senate -- we reject that kind of leadership that says we're not going to do anything. it is now incumbent upon us as republican senators and the majority in the united states senate to demonstrate that we have the capability of working together as republicans but also working together with our democrat colleagues to find solutions to the country's problems. it's important to us to do that the 2016ly, for elections, including the next set of senate elections. it is important for us to do that in the political sense for the 2016 residential race, but much more importantly than the politics of 20 16, it is important for the united states thete to function for benefit of the american people, and i look forward to working with all my colleagues, all 99 other colleagues to a comp list that, and i would say our candidates, which we brag about so much -- there is not a candidate who ran in last night's election who wants to come here and do nothing. they want to come here, work together, solve problems, and move the country in a different direction than where we have been going, but to make certain that the future is bright for american citizens. thank you very much. >> all right, let me take some questions. yes? >> i have related questions for the congressman and for the senator. related to last night, you several new women that were elected, but it's a fairly small number of new .epublican women are you satisfied with results from last night? >> first of all, i will say the that women coming in, very talented group. they will help us grow, the women members we have, in the next cycle. we have only just begun. there's a lot of work to do to diversify our party, to grow our party, but if you think about it, we have just won seats from maine to american samoa. .e may pick up san diego we are making big progress, but we have to continue to always work at it. we have to focus on recruiting good women candidates to run, helping them get into office, and we are committed to that fully, so we are building that up. you mentioned after the next election, there is always another election. 2015f the senators up in .re swing states do you feel there's a danger of overreach coming forward? republicans went right after , would that be an overreach? >> assuming i made myself clear in my comments, when i attended to convey is that the message delivered to us was that we expect to have policies put in place that the american people support, and we expect to work together to accomplish that. i think that means those kinds of things -- we would start with what i would say is very much the basics. statesut the united senate of biting by the law that says we will pass a budget by april 15? how about the normal things that used to happen in congress in which we would pass them 12 appropriation bills to fill in the blanks. opportunity tot demonstrate that we can govern and set the stage for a successful 2016. >> in lame-duck years, you'll have some very serious questions to deal with -- funding the government. do you think some factions in your party might be energized to say that we need to get the jump on obama before he gets to the lame-duck? do you think it is an issue if they ask for more money for ebola or isis or whatever else? >> i think there is a desire on the part of the united states senate, republican members of the united states senate that would do things that are necessary to govern the country in the lame-duck session, but that issues that are not required to be determined now, not required to be determined in a lame-duck session should be considered by new members of congress, the ones that the voters just elected. i think you will see us doing the things that are necessary to operate the government -- certainly, the appropriations bill is one that would be front and center. i cannot imagine republicans would not be supportive of providing the necessary money, for example, to combat ebola in west africa as well as in the united states. a potential nomination for attorney general of the president decides to put that forward with his majority before the new congress. >> this question seems irrelevant to me, no offense intended, but when the rules were changed, republicans do not have much to say about the confirmation of executive officers with only 51 votes are .equired >> [inaudible] at this question because i am the ranking republican on the appropriations subcommittee. we have grappled with the issue in my tenure in that capacity. we have worked our way through those issues before. i think at the moment, this issue is one for the house of representatives, not the senate. we have been able to pass within our committee and agreement to reach an agreement in regard to the labor age funding bill, and the question is what is the status of what the house may do with this issue? at the moment, a very theoretical circumstance when it comes to us. i know that hal rogers is toking with barbara mikulski address those issues. it's one we will address when we know what the facts are. >> [inaudible] what should middle america, the american public expect? access toaries, more higher education, more access to health care, or more trickle-down economics? >> i think the point is we are going to break through the gridlock and grow american jobs. the american economy has not recovered as any of us would have wanted. we have been in this recession, we are kind of coming out of it, but i'll tell you what -- there dead hands a government regulation trying to shut down people in my part of the world. agriculture, small business. you have rate increase is coming under obamacare and small businesses. i'm sure you have heard about it. 30% to 70%. these are all real, live issues. i was a small business person with my wife. i know what this stuff does to the bottom line. you will to grow jobs, increase pay, you've got to get several governments out of the way where it is not needed. think about the 20,000 american jobs we could start tomorrow if we approve the keystone pipeline. most of those are trade union jobs. they pay pretty well. that's two years of digging ditch, building pipeline, putting american workers to work. that is not trickle-down economics. that's real life jobs. they matter, they count, and they will make a difference and americans lives. be any white not democrats in congress from the deep south. what do you make of that gecko >> southern voters are speaking. i think again, it is an issue involving the president's policies that were on the ballot this time. we want to grow diversity, though. african-american republicans elected in texas. were going to do our best to bring all americans together, to do the right thing for all americans. growing jobs is good regardless of your party or your locale. getting government out of the .ay there's a lot of stuff we can do in this country. bring us together, unite us, can america on track. i wonder what i'm going to hear from all of you about what wheel came off last night, and that is how americans are feeling right now -- insecure about their economic future. insecure about disease. here is what fred upton is going to launch -- has launched. diseases,rtisan, 7000 500 cures, we can do better than that. there are some exciting things out there, but government always seems to be in the way. we want to move forward to make healthier lives, better jobs, good economy. all those things are measurable. you all measure us on a, but they need to be done. they need to be done. >> [inaudible] we hear some rumblings already from conservatives and -- in both chambers who think there should be a corrective effort against the white house. what would your message the -- be or how you get republicans in congress on the same page? >> for one thing, i think it is really incumbent on republicans to really take a step back and think about what just happened last night. what happened last night is that the american people were given a choice to either accept the policies of the democrat party and the president or reject them, and they wholeheartedly rejected those policies. at the same time, what's really interesting about what happened last night is when people were given the choice to continue or take on the policies of conservative republicans like scott walker, rick snyder, bruce rauner, rick >> it was not just a rejection of barack obama. it valleys embrace of the of conservative government so i that was really necessary combat the president to of capitol hill, look through harry reid's desk. i get through the 300 bills are there and get through work. it don't have to just capitulate. the voice of american people has been very loud and clear. they are not buying what the president is selling. would anything otherwise just be wrong. you measured the earlier, whatever's components the, the republican party passing some kind of immigration reform, the 20 14th se of elections. we have immigration reform, what is your message to who won last night, against immigration reform? >> this a situation either take a few steps back. you get republicans talking about serious immigration reform. the idea of a serious immigration reform is alive, both biters need to look at it. since the president has continuously applied to many country about his intentions for the immigration reform. he is the one thing and another. nothing on d immigration reform. he then threatened the country with an illegal action. he got into trouble coming into the midterm, pull back on that promise. then because other people get upset. he used people as pods congenitally for five years. is unify the ne country against anything that the president wants to do on immigration reform, because people don't trust him. he has also unified the country we cannot get at anywhere on immigration reform unless people are completely secure in the borders. like a s at times talking point, the president's has solidified the view that we cannot get very far can secure the borders. >> do you think it is possible to get the tax reform through congress? one comment on that, while thing that people need t is that you do not the president's signature to set the parameters. paul ryan in the senate on the same page i think you could the a budget, it only president to do that. >> i think tax reform is a great opportunity for the senate and the congress to come together. has attempted to pursue, a trap y felt into the same that we republicans, and he as democrats face the same conditions. what the ot matter committee does. i think there is still a huge opportunityfor the senate to ground on tax of the it is a matter process changing. country's economy, people's jobs demand that reform. probably the n up for airman, teaming the senate we can get their bright agreement. one budget in six years they have passed. now we have a partner to get the agreement. you can tax and spending issues. tax reform and return rs jobs generate of cash overseas, that you can and solve another problem that is the construction. pull these ays to things together. generates revenue. >> what about the other side of the point? >> all of these issues can be dealt with in a budget process. thank you. the republican national committee, the senate and house committee speaking to reporters in washington on the wind yesterday. the big when yesterday for the republicans. from the washington post writing a little bit how that terms of the in senate. the republicans gain control of the senate on wednesday. with the new authority, the going to n leaders are ramp up the one mistress and. except from both chambers in the future. that is when the washington post. live with a ou briefing, more on the way with c-span, with mitch mcconnell. leader in ng minority the senate. he will speak at 2 pm eastern. i have followed we will expect to hear from as an obama. all out here on c-span. we continue to take your well, and the reaction of the election yesterday for republicans is to 2585 3881. independent 225853882. also get us on twitter. send us a twit with your thoughts on the elections. we're going to hear all mitch for the l and his plans next congress. in next couple days. he spoke in mmer washington and brin said that what he said was a freeman the american enterprise institute. and to want to show you a he was bit of what looking for. you have all had a lot about corporate versions. the verses are just symptoms. a much symptoms of deeper problem. nobody understands that. people pair counted hundreds of dollars so they can lower the tax bills. over the years francis of changes have been made on taxes. mostly for the benefit of those who are well-connected. fussing over a debit, when the road is full of potholes. make a pro family, make the race for every american. allow people to get taxes and two sheets of paper. 90% of american people could from two sheets of paper. we do this. of the biggest reasons, that jobs aren't moving overseas. from builder house to save for college for the kids. it is a spending problem. we have spent more than we have brought in for last year's. people get on me, comparing apples to oranges. in your own this home? of course you were not. could anybody run a west net a -- business this way? of course not. we cannot do this in the it is bad ew because for our children. robbing them of the benefit they will never see. the question is, it's who? baby boomers like me, 17,000 this week, 3 1/2 million this year. our entitlement programs, for most of us retiring at the same time, were not designed for most of us living beyond 80. these programs are important to tens of millions of americans. they need to be fixed and put in a sustainable path. we can in fact do that. to reform legal system. the suit anybody in america for any reason they want. we'll pay azy, and for it. spent more per person living, two and have more than any industrial country in the world. only shop in premiums, the shop on everything we buy. we have lost competence. they have to be reasonable standards, and reasonable limits. loss as an he example. about teresting thing this, is that frank was passed and the bail outs. nobody has failed to do that. the compliant cast are very hitting. for those small banks, small business loans and family you have more uncertainty, and going money into compliance, access to credit goes down. is the last thing that we need right now. other countries have been more collaborative process to decide when there is a problem. two how to address that problem. the result is if they have few regulations. have a more meaningful. cost of ot drive of the making business. even if we did that for things. i don't think we can maximise potential. with the rather find a way to more for america's kids. to meet a more guy than me. some of these figures are very depressing. students do school not graduate, one at a five. graduate, e who did one in five, and the going to start college. only 30% of 12th graders above proficiency in reading. only 26% were above proficient in maths. we are not educating enough america's kids. every state was required to adopt standards. frankly is there. the bad news is too many children still don't learn, many because the gutter struggling schools. things we have done was create the first federal funded private school in america, with scholarship programs. is succeeding beyond anybody's highest expectations. 97% of these kids go through high school. approval rating from parents. while will we not go ahead and start expanding those programs? to find better schools. there are other things we can do on the education. we're going to have a growing economy. we need workers and we cannot have workers who don't have a decent education in america. hear from the o speaker before the house senate. back to the calls, reminder that clock we will hear from mitch mcconnell. she covers for politico. republican she beat in december. request from a viewer, where loves victory speech on c-span' utah miele love is the first black female republican in congress. second bid for congress, after failing by a slim two years ago. despite having met rightly at the top of the ticket. she set up the rays leaving congress after 14 years. democrat in a pitch. let's get back to calls. kevin on democrats line. i voted for democrats and the elections yesterday. i was e thing, when television, the republican majority they did about securing the border. how it's talk about is obama's fault, how we have to secure the border. now they can to have the majority in the senate, i they ht it was funny, now money he majority and the to do that, they're not talking about doing it. issue t do you think the there in iowa? >> it was a close race. helped itary background a little bit. there ngressional races, that put in -- t are a the military health little bit. (inaudible) did y reid in the senate not do anything. >> that is one of seven seas republicans picked up in the u.s. senate. next up, we are in california in the independent line. this is tina ou in michigan. my concern is immigration. with a one to school degree for immigration reform. i just wonder if the to ublicans are going change, and how they're going correct heir plans to control. also, you were talking about a friend . i have came over can, they here illegally -- i don't know, he s very excited because knows that everybody that are illegals are getting the dream act, getting free books and free education. my son and daughter are still paying the college education. here is oakland california. was kind of appalled. with@behind his head, showing that combative position that the republicans were taking. >> what did it say in the sign? >> it said stop obama. you want elections widely have to come out so violently. this country needs to work it seemed to indicate to come was to present ddo hem, hat in hand, and whatever they say. way or the , my highway. people that i of -- the other pect thing, how do people consistently vote against their own interest. >> give me an example of people voting against their own interest. >> here in california, we voted a higher minimum wage. but the republicans have consistently refused to even the national ing minimum wage. against their own interest. >> thanks for your comments. we continue to get reactions for the midterm elections. republicans picking up seven seats in the senate. republicans gaining 13 seats. it took awhile for the results to come in. she won by 52 to 48%. let's take a look at the speeches. (cheers) thank you new hampshire. tonight, the people of new to put new how and hampshire -- ago, scott brown called to wish me well. he won a vigourous race and i his family the best. proud to once again, be able to represent the people of new hampshire in the united states. thank you. i promise you i will work with anybody in the senate, democrats and republicans and independents to get things done new hampshire working families. with the new term you have me i will fight so students can refinance their student loan. i will fight for a energy policy that focuses on and new energy technology. our reliance on oil. i will fight for a minimum wage. that ensures that nobody 40 hours a week is stuck living in poverty. and i will fight for equal pay for equal work for women. serious ight ffor national security policy that will keep us safe. fight for women's right to take her own decisions. and as i have said many times last weeks and months, i will never stop fighting to make sure that everybody in new hampshire has access to quality and affordable health care. thank you. i have a lot of thank you's. i want to start by thanking my family, my husband willie. my daughter, stephanie and her husband greg. and her husband ryan. molly and hugh. and almost 7 grandchildren, but of them are here. anna and aj. you have seen them through the campaign. was a ampaign truly family affair. when the going got tough, they kept my spirits up, and you know, they are sort of a competitive bunch. [laughter] so they competed for who did the best tweets, who had the best facebook postings, and who got the most votes at the end of the day. [applause] thank you. thank you to all of you. i love you all. [cheers] i also have to thank my spectacular campaign manager mike vlacich. >> [crowd chanting "mike"] boy, did he run a great operation? >> and thank you to all of the candidates up and down the ticket, to the winners and losers tonight, for everything you have done to make our democracy stronger. tomorrow we get back to work, back to our regular lives, but tonight, tonight let's celebrate. thank you. thank you all. thank you to the wonderful people of new hampshire. thank you. thank you all. [cheers and applause] [applause] thank you, very, very much. thank you very much. it's great to see everybody here and i appreciate you waiting around and want to congratulate frank and marylander and walled for their efforts. [applause] and thank you very much, you and i have waged a great campaign and i could not have asked for a better ally. and friends to see it through. we stood strong and fought. even a defeat. andve got no business politics unless you respect the judgment of the people. if you run for office, you have to be able to take it either way and i accept the decision of the voters and i have already offered mike sincerest congratulations and good wishes to senator shaheen. from the very outset of this campaign, i decided to run a race that we all can be proud of. that has always been my standard. i want to walk away with no regrets and that's what i'm doing. that's how it is this time, i've kept my word and fought claim and i would not trade that for anything. [applause] i cannot pretend that feelings of gratitude don't come easy at a moment like this but i know how much i have to grateful for. i was born here and as a new candidate for office here, i am so very, very thankful for the people who were willing to come out and help give me a shot and give us an opportunity to try to make a better state. that is the spirit of new hampshire. it's lucky and i feel lucky. i feel like a lucky man to live in this great state and call it home. [applause] and of course, of course i am especially indebted to many people that are here. i am looking at each and every one of you. as soon as the count is final, we will know the exact number. one of the reasons we were delaying is that it was up and down and all around. there is still about 45,000 votes to come in. but it's clear that the area itself that are coming and will not make up the votes we need. it's always an honor, it's always an honor when people choose to check your name at the ballot box. it's an honor to try to serve each and every one of you. you have each made great efforts to move our state forward and try to make it a better state to live in. it is a live free or die experience. i am also asking a lot of folks to work for months and months in an uphill campaign whether it is on the staff or volunteering in the field. how could i not give my best in this campaign after everything that each and everyone of you have done? [applause] we had an outstanding team and i am proud of each and every one of them. so i want to give you a round of applause, everybody, thank you. [applause] i will be looking for you this summer. the one thing i am so grateful for above everything else is the most important thing for me, my family. i want to thank each and everyone of my family members standing here -- [applause] i want to give a shout out to araina who is studying for finals. i want to tell her we love her and miss her. let me say that every journey where ever it leads is better because i can share them -- those wonderful expenses with the people behind me. my friends, it looks like it is a good night for america. it looks like the senate has changed over to republican hands. [applause] and regardless of what happens here tonight, i have one thing that has come true -- harry reid is the minority leader. applause]nd [chanting go scott go] let me just say -- listen, i want to say thank you very, very much. it was an honor to carry the flag and i thank you for the privilege of being the nominee. i will just say that we have better days because the senators turn republican, the houses republican and i am hopeful the president will come back and try to put our country's interest first and be a uniter instead of a divider. i want to say thank you and i want to come down and say hi to everybody. god bless and have a wonderful fall, winter, summer, christmas. you get it, thank you very much. [cheers and applause] >> former massachusetts senator scott brown losing the race in to senator shaheen who retains that democratic seat and his speech last night in new hampshire. we continue to take your comments and tweets, reaction to election day. these are the phone numbers -- the republicans pick up seven seats. there are three seats remaining, three races yet undecided so let's go first to virginia were barely 12,000 votes separates the incumbent democrat mark withr and ed gillespie 2555 precincts out of 2557 reporting. still some boats out there, that race is not been called. for aana has been called recount or a runoff election, rather, because neither of the marydates, the incumbent landrieu nor bill cassidy, the congressman republican got 50% of the vote. there runoff race will be one month from now. to alaska, this race is more clear. and sullivan appears four points ahead of the incumbent mark begich. but the associated press has not yet called that race. once they do, we will let you know and so for that race has yet to be called. onto the virginia race, before we get to your calls -- there is a piece today in "the national journal" he writes -- one are led by fewer than 7000 votes or cera .6% from a narrow margin enough that ed gillespie would be entitled to ask for a recount if he chooses. no word yet on whether he will or not. article says 17,000 votes and it's now 12,000 separating mark warner and ed gillespie. we will keep you posted as refund of more information. let's go to your calls and hear first from erin in oak park, illinois. guest: i am an illinois republican. one of the things people don't know about us is that we end up voting for democrats as well. my point is that i think the people running usually rely on people voting straight democrat or republican. my question is, do you think this election is more of a reaction against strict ideologies and more of rejection of the one or the other, the fact that more voters would vote for democrats and republicans? host: what do you think? guest: i think so. especially in illinois where we finally have a republican governor. i think he ended up taking a lot more of the black vote because black leaders came out and supported him. that was really rare over here. i don't know how it is in other states. host: we appreciate your call. palmetto, florida. caller: i'm calling from florida and i am amazed that the --ublicans are not discussing the iraq war. they don't mention nothing but obama. i just thank it's very nasty the weight they call him a liar. i don't know how they are raising their children. you hear all the stuff on television. how can you say you are raising your children to be respectable children? i never heard such talk about people. host: some of these comments are reflected on twitter -- kentucky, stephanie on the abandoned line -- on the independent line. caller: i'm calling from new york, not kentucky. i noticed a couple of things. i agree with the previous color that it would be nice to have a little respect and civility restored. in this election, i noticed we were inundated on incredible that with political ads were so many that became ineffective. also, we had a very good local congressman who lost his seat and i think it was because he had a huge national push to oust him. i felt a bit resentful that politics that should be local were kind of hijacked by national interests. by the way, before i was an independent, i was a republican for many years but i am independent now. should the republicans handle this power carefully and try to do a better job than has been done in the past. i don't think they should read too much into this. it's not necessarily an endorsement of their message it's more people who are really hurting and fed up. representativeur -- what was the race where you are living? caller: it is suffolk county, long island and tim bishop lost by quantum margin to his competitor. i think he had done a good job for long island but i think there is a very heavy campaign that seemed to be really not just local. i think he is a decent guy so i really hope he takes is in a good direction. the money that was poured into this election seemed more and i have noticed in years past. host: by all accounts, the most money ever spent on certainly a congressional campaign in 2014. muncie, new york, our gop line -- caller: i wanted to make some comments on this election. i would like to say i am happy to see the republicans get in. i would like to say that i think it's time republicans, democrats, and president obama get together and stop fighting against each other. let's get the job done. let's get america back to what it was when it was first founded. there are no precepts or values left in this nation anymore. everyone is out to lie and cheat and talk against the other guy. after the previous color, a lot of money was put in but i don't think she realized how much money obama raised for the democratic party. it was quite a bit of money on that side, too. they could've gotten in just as well as the republicans. you know what? i don't want to look at the republicans or the democrats. i have had enough of the parties. get together, let's get our nation turned back in the right direction. let's get rid of the deficit we have. let's get our people working. let's help our american citizens. i have a young son-in-law dying of als. know what an american family can get for help and support in this nation? a big fat zero. you have allowed $2000 in your savings account but you have to -- even your insurance policies need help. i think that's an outrage and we can have everybody coming over the border illegally and they can get everything pronto for free. host: we have more comments on the way in republicans picked up seven seats in the u.s. senate with three still undecided. virginia, louisiana, and alaska and in georgia last night, big win for david purdue, businessman from georgia against the daughter of sam nunn and he wins by 53-45 and here are those speeches from last night. >> georgia once somebody to fight for them. we are committed to go to washington and fight for you, not for special interest and the insiders in washington, but you. [loud cheers and applause] georgians want us to fight for their constitutional rights, for the right to life, the value of life. we will listen to the people here at home and act accordingly. they want a senator who is not a to special interests. when he to bring a sense of urgency to washington. the thing we've heard more than anything else is that washington is broken. and it's affecting our lives. we don't want to leave this world to our kids without trying to make it better. most importantly, georgians want good paying jobs. we have got to get this economy going. we have to resolve our tax problem. right now, saxby chambliss is handing the baton over to me. i am going to fight. for the fair tax. [cheers and applause] i never imagined that bonnie and i would be standing here. we are the most unlikely people to be doing this. we felt this was something we could do to make a difference. tonight, we start a new journey. this has been an extraordinary 18 months. when i called my cousin and -- the x governor and said you need to run, he said, i've been paroled. you need to think about it. we thought about it. we started the journey with your help and some great professional help and we took our message around the state. it resonated and it worked. because it was sincere. more importantly, it was from your heart. that is what the people of this country -- that is what they are hearing tonight. i want to remind you, tonight we start a new journey, to set a new course for america. this race was always bigger than me, always bigger than georgia. we have to do this for our kids and grandkids. i do not want to be a member of the first generation in the history of our country that has to tell my kids and grandkids that i'm leaving you -- starting -- a world worse off. starting tonight, we are going to change that. with your help. [applause] tomorrow morning, my commitment to you -- at about 5:00, my first day starts as a senator. i'm very proud. to be up tomorrow morning. i'm going to roll my sleeves up and get to work like i've done all my life. my entire career, that's all i've ever done. we have always worked as an underdog, just like in this campaign. i need each of you to help me do it. [applause] just because we had an election -- [applause] sua usa usa usa >> i thought it was something i was saying. what a great night. i'm telling you, i have chilled bones. we have got to work hard. you just can't believe what i'm about to tell you. just because we had an election -- seriously, this journey is just starting. and now we know we have a majority in the u.s. senate where we will move those 300 [inaudible] [applause] from the bottom of my heart, i want to thank georgia for trusting me with this unbelievable responsibility. i take it very seriously. johnny and saxby chambliss great heroes of georgia. [applause] i will work hard to earn your trust over the next six years. i will work every day to turn your trust into results. i want to thank each and every candidate in this long road to get here. and we had a few. in the primary. i want to thank michelle nunn for running a strong campaign. she should be proud of their effort. to her supporters, i mentioned to her tonight, i wanted her to convey my congratulations. they fought hard and they believe in what they believed. that is our system. we have to engage -- [applause] i will not give up my values but i'm going to washington to get something done. [applause] i want to thank -- for those who voted for her amanda swafford, i welcome you to join us in trying to make a better place for our kids and grandkids. [cheers and applause] my commitment to everyone of you -- bonnie and i will give you everything we have to represent every individual in this state. this is the greatest state in the country. we can lead this country back in the direction it ought to be headed. [cheers and applause] very quickly -- i would be remiss without thanking congressman jack kingston. he epitomizes -- [cheers and applause] please -- after 30 years of public service in the state of georgia. he backed me in this election and he has worked very hard to get us to this point. jack, wherever you are, i want to say thank you to you. god bless you. [cheers and applause] congressman paul broun, derek grayson, we had a ball, didn't we? it was a hard-fought battle. these are great individuals, great americans. i want to thank them for all they did in this process. but guys, i want to thank the thousands of volunteers. i've never been through this. we couldn't do it without the volunteers, the donors. some of you got the calls last year. the first words out of your mouth were, david, what are you thinking? [laughter] but you hung in there and stepped up for us and our staff. the job you guys have done over the last year and a half is beyond belief. thank you, god bless you. [applause] lastly, i'm going to get this out, to my bonnie, she is a rock -- [cheers and applause] she is better at this than i am. i want to thank my son and our grandsons for putting up with this. i have been an absent father, absent grandfather, because we were on a mission. with your help, we did it. i want to thank you for all of your confidence. this is not about me. i don't even think it is about georgia. i think it is about our country. we have an opportunity and you have to stay involved. you have to hold me and our elected officials accountable. i want to tell you right now that with your help and god's will, we will change the direction of our country. we will be able to tell our kids, we are leaving you a world that are off. -- better off. then our parents left us. i'm so proud to be an american. i love my country, i love my state. we will make georgia and america of the best ways on earth. -- the best place on earth for our kids and grandkids. thank you all. [cheers and applause] >> we have reminded people of what a two-party system looks like, and a civic dialogue. we have lifted up and advocated issues that matter to people in this country. whether it is raising minimum wage, pay equity for women, bipartisan immigration reform, these are just a few of the issues that are at stake. whether it is making sure our young people have an affordable and clear pathway to college, or whether it is universal access, these are issues that will continue to be lifted up. i am very proud to have stood side-by-side in this campaign with thousands of georgians who have worked so hard. some of your hands may be blistered from putting in all those yard signs. your voices may be horse from doing all that shouting and talking and telling people how important this race is. i know you have been walking a lot of neighborhoods. you could not have worked harder. [applause] we have exceeded every expectation of what was possible in this race. just about 15 months ago, all of the political pundits said georgia was not in play and we put georgia in play. [cheers and applause] we have built a foundation now that needs to be cultivated. we need to work on it to broaden our reach. we want to remind people that elections make a difference. we change people's lives, we change communities, we change our nation, we change our world when we vote. we have reminded people of that and we want to keep reminding people of that. we make choices about how to care for our sick, how to care for our environment, our elderly. these are the choices we want to continue to lift up in the future. as we go forward. i hope that we have reminded georgia also that we can and should have leadership that represents and looks like our state. [applause] during the course of the campaign, i met with a wonderful group of pakistani and indian doctors and they told me it was the first time that anybody had reached out to them to engage them in this process. when i left, they said you have given us hope and you have given us inspiration. [applause] you all did that. started out this election saying i was optimistic about america and i have never been more optimistic than i am right of today after 15 months seeing the extraordinary idealism, commitment, and passion of georgians. i was reminded time and time again of our georgia state motto i you have heard me say it -- had seen it embodied in our georgia civics -- wisdom and justice and moderation. tonight, more than anything, i want to thank you all to the staff and thousands of people who have worked so hard on this campaign come up for the future heir stake him out for the future of our country, for your commitment and your dedication. each one of you here has given so much, your talents, your resources and a lot of sleepless nights and an unrelenting commitment. i am so grateful to have walked this path with you to be fighting for something that transcends us all and will continue to work towards. myant to say a few things to family. otherwise, it it would be out of control the number of people i would have to thank. i want to thank my parents who are here. [applause] they have taught me the importance of public service. been -- my father every single day of the campaign trail, i would hear a story of someone who he made a difference for. he is a great exemplar of what matters. in-service. [applause] he has been a role model and a great advisor throughout my life. my mother whose fierce determination, whose tireless work ethic and unyielding support has sustained me through out this race. ron, [applause] says, my very wonderful and long-suffering husband. [laughter] i want to thank elizabeth and vincent who are here somewhere. [applause] they have traveled to stay with me. they have seen the ordinary goodness of georgians and the beauty of the state. i think in about 20 years, they will thank me for this campaign experience. [laughter] also in 20 years, i think there will be young women like elizabeth who will take for granted that we have equal representation of women in congress. [applause] and equal pay as well. [applause] >> georgia democrat michelle nunn losing that race to david perdue by a percentage of 53% of the vote. republicans picked up seven seats come a three still to be determined. coming up on c-span, we continue our campaign 2014 postelection coverage hearing from you and your thoughts on the election yesterday. this is how to contact us -- coming up in about 25 minutes, we will take you live to louisville, kentucky to hear from incoming senate majority leader mitch mcconnell, his days conference.. the associated press reports that the senator says he is warning president obama the congress will push back at the exit unilaterally on immigration. we will also hear from the president this afternoon, his news conference scheduled for 2:50 p.m. eastern we will have that live here on c-span and on c-span radio. we will continue to take your phone calls and comments. it is also reported that president obama announced early today, proposing $6.2 billion for additional a bowler response. in terms -- in terms for additional -- ebola response. the hill is looking at the changes that will happen in leadership in terms of the chairs of the committees. this is the headline of a piece -- he said he will become chairman of the senate environment and public works committee. in his speech, he accused president obama being antagonistic towards oil, natural gas and coal. they are writing about lisa murkowski of alaska gearing up to take control of the senate energy and natural resources committee as the balance of scherrer shifts to republicans next year. the house and senate are back next week for the beginning of the lame duck session, a week from now, 2 p.m., next wednesday, november 12. let's return to your phone calls, texas, on the republican line. caller: thank you for letting me speak. i wanted to say god bless of all and i am so proud of my fellow americans who to getout at the polls their voice heard, to issue the pink slips that needed to be issued. there was a time i was a democrat. i've got to say that i left the party. i did not like the way that they were trampling the constitution, taking the values away from the families and the states. government needs to just get out of the picture and let the states and people start taking control of the things they need to take control of. to sayhave come together we want a change, not the change that was said they were going to give us and did not but a real change for america. it used to be a great nation. i and the rest of them believed that it can be again. i know that everybody that has been elected whether they are democrats or republicans, everybody that was voted into this election into office is going to go up there and going to do a good job. they see that the future of america is at stake and that order and peace needs to be restored and everybody needs to have love in their heart for each other and be there together to make the nation great. i have note doubt in my mind that we are going to move forward and make it a great nation again. host: that's valerie in texas with a big win their for their he attorney general greg abbott beating wendy davis. that was 59% to 39%. fairbanks, alaska, tom on the independent line. a pretty close race in the senate there. have they called it? caller: if you're talking about the dan sullivan race, that's over as far as i'm concerned. i believe that he won. am i not right? for: we are waiting confirmation. i believe the percentage was 49% for dan sullivan and 45 are sent per mark begich. is that still holding? caller: that's what i thought, i'm sorry. i'm being premature. having dan represent us in the senate [indiscernible] not just in health care but foreign policy, you name it. help bring good stuff forward. host: what made him win in alaska? caller: i think the fact that he has actually been a military that always person , not justschool secondary school but primary and middle school. ands an advocate for school afterschool like college and technical colleges and stuff like that. is biggest separating thing truth and transparency by comes to discussing the issues of health care in one not. he iss what gave him -- not trying to hide anything. he is trying to focus on the solution and not the problem. host: all right, let's go to fort lauderdale. democrats line. caller: let me ask you something -- are all the votes in an fort lauderdale? host: what did you ask? caller: are all the votes in an fort lauderdale? host: according to the associated press, the precincts have been counted. marijuana?n on host: i didn't catch other half of your question. i will let you go there. we are having trouble hearing you. this is william in colorado springs on the republican line, go ahead. caller: how are you doing? been a lifelong, 65 years old republican since i could first but when i came back from vietnam. 100% disabled veteran. , numberremely happy one, that we will get rid of harry reid and we will see the nation start to move forward again. number two is that we are going to be able to stop obama with these unconstitutional executive decisions and put into place his people who have no experience, who have no right to be there. on his choiceit of who he thinks is the best person that will support him. hopefully, we can get rid of the attorney general holder. he says he quit but he will not quit until obama can replace him. that theled pink republicans have finally stepped up and decided that they are going to do something now. concerned, maybe veterans will get a better shot. maybe the v.a. will stop making excuses about all of these 22 suicides per day i have been reading about on fox news. and c-span reported it and maybe now we will get an opportunity to get some care to those of us that need it. like i said, i am a 100% disabled vietnam veteran and dealing with this since i was 18 years old and i am now 65. host: we appreciate you calling in. more calls and comments coming up. william was going from colorado springs and they did call the colorado governor's race. john hickenlooper retained his position. the race that tip the scales last night was in north carolina. state house speaker thom tillis beat the incumbent kay hagan. here the victory and concession speeches from last night in north carolina. ♪ ♪ >> thank you all. i know it is late, but i don't know about you all -- i have got a little bit of energy right now. [applause] you all did it. you did it. i get to take a break off the campaign trail. you have to introduce yourself and ask for the vote and now i can change a bit because i am thom tillis and i am the next united states senator -- [cheers and applause] but i want to make absolutely certain that every single one of you still calls me thom because you are a friend -- >> yes, we are! >> this victory is not my victory. this victory is our victory. our victory. [applause] you know, if you take a look and all of the negative ads against me and against any senate candidate in the country, $111 million -- we do not bend, we won. [cheers and applause] i tell you what, though, i am sure you have been watching the ads, but there was something very important that also had to happen tonight, and we have swept this nation with a compelling majority so somehow i think senator reid is going to have a different office assignments come january. [applause] i think at the end of the day, i think the reason i spent all that money is they looked in north carolina, they knew what we had here. we had hundreds and hundreds of volunteers absolutely committed, knocking on doors, doing what we had to do to win. that is why i am standing here before you. you refused to lose. [applause] now, i will tell you -- i received a call both from sean hall and from senator hagan. i want to thank senator hagan for her service. i also want to thank her for her gracious offer to make sure we do what america does best, and that is to affect a smooth transition of power over the next couple of months. [applause] you know, i tell you, taking that phone call -- it is very difficult. the challenges of campaigning are very difficult, and i really appreciate senator hagan's statement ship, manner in which she proceeded in which we had to do, not just occupying the seat but this is your seats, and this is a seat i will take to washington and make sure i never forget where i came from. [applause] now, i had a somebody asked me, how on earth was i so calm with all of these attacks and things, they said you seem to get more annoyed when a panthers lose than all of these attacks, and i have been annoyed a lot, but it is mainly the panthers. it is because i knew that we were right. [laughter] i knew that we all in north carolinians want elected officials to go to washington and get something done, fulfill their promises, and you all know that we are going to continue the tradition that we have done here in north carolina. we are going to go up there and excites more out of our leaders -- and expect more of our leaders and fulfill our promises, and we are going to make this country great again. [applause] >> [crowd chanting "usa!"] >> i see a few people around the room, but when i think about transitions and elections, i see one gentleman in the center, reverend mark harris, who was in the primary with us. [applause] i am not really sure -- i also want to thank heather grant, she traveled all over the state, her and her husband, michael, helping us. [applause] we overcame a lot of adversity, and here we are with the opportunity to just make america great again, and the reason that i believe we can do it is because we will have leaders in washington now that believe that america is made great when we let americans make america great, not government. when we stop accepting this idea that people want to be provided for by government -- the problem with that is the only way a government can provide you with something is to take away from someone else. there is only one thing government can give you that does not come at the expense of anyone else, and that is freedom. we need to free the american people up to make america great again. [applause] we need to free the american people up to make it an economic superpower, a military superpower, and an energy superpower. these are things we are going to go to washington and do. i know my communications people are going -- "thom tillis is completely off script," because i am not reading the teleprompter. [laughter] i will leave that up to president obama. [applause] what i am going to do -- what i'm going to do is listen to you, and i am going to go to washington and next year i am going to come back and i am going to go across the state to the towns and counties that i have been to, i'm going to thank all of those who voted for me and i am going to go those that did not vote with us and i will convince them that maybe they should give us a chance to make this nation great again and get back on track. ladies and gentlemen, i cannot thank you enough. there are a lot of people in his room but if i made eye contact with you i would probably get teary-eyed, so i am not looking this way. [laughter] [applause] what i do have to do is i have to thank my wife susan. >> [crowd chanting "susan"] >> i have also got to thank my son and my daughter. i mean, they are to people that i can always rely on to take a look at some of those negative attack ads and we just laugh at them. [laughter] we did. lindsay and ryan. [cheers and applause] i also have to tell you i have got two brothers and two of my sisters here, i have one sister was not able to make it, and it was wonderful to have them volunteer this week and also have the most special mother who is here, my mom, margie tillis. [applause] that is typical mom, but if you're on facebook, go out and do a friend request for margie tillis. [laughter] you will not be disappointed because my mom has been taking care of this family forever, and she has been taking care of her son, too, during this senate race. but ladies and gentlemen, i want to tell you all you are an extension of our family. there are a lot of people who have been a part of my campaigns as i ran for town commissioner. they are people who've worked hard and the difficulty of a primary and we can back together, and there are people today -- they went around the polls, and you could see they were so emotionally invested in it, wondering if we were going to pull it off. well, we pulled it off -- because of you. [cheers and applause] from the bottom of my heart, i want to tell you how much susan and i and my entire family appreciate what you have done because i really do believe that through your effort, through your prayers, through your financial support, through the ground games, through doorknocking, that you all are literally a part of a historic moment in this nation's history, and i want to thank you. so i am not going to speak much longer. i'm going to get around and try to shake a few hands, but i do not know if i can do selfies with everybody today, but we will be back. and again, thank you all. god bless you. god bless this great nation. thank you. [applause] [applause] >> a. hey. hello everybody. it is so good to see you, thank you so much for being here. thank you. [applause] thank you so much for your friendship. thank you for being here tonight. i just called speaker tell us to congratulate him and tell him we will work with him during this transition period. i first want to thank my fabulous husband chip. [applause] it's been one of the greatest blessings in my life to have chip with me by my side standing with me as we really work for the values we hold dear in north carolina. chip, thanks for your unending support. [applause] also i want to thank my kids. they are absolutely the best and my baby grandson, harrison. and another one that's on the way. [applause] these kids are going to hear some great stories, fond stories. i want to thank each and everyone of you, all of you here tonight, so many people across north carolina our supporters our volunteers and our incredible staff. [applause] please know that i consider each of you a friend. thank you for standing with me during this campaign. it's been a long couple of years. none of it would have been possible without the long hours knockingf you logged, on doors, making all of those phone calls, making sure that people all across our state could have their voice heard. you were not just any with me, you are standing with working families all across north carolina. those are the families that i have worked to represent my six years in the u.s. senate. and those are the families that still need a voice. [applause] this campaign has ended but our work to improve the lives of north carolinians and to build an economy that works for everyone is not over. in north carolina, i know everybody in this room knows, we code, the land of the long leaf pine and in that state post we say -- say it with me -- here is to the land of the long leaf pine. the summer land where the sun doesn't shine where the wheat grow strong and the strong growth great here's to down-home, the old north state. i have done my very best to give north carolina the opportunity for every north carolinian to grow both strong and great. because that's what our state-- [applause] state is really all about. it has been such an honor to hear your stories, your dreams, and your hopes. i will always be grateful for the trust that you place in me and for the chance to serve our great state. ll, it has been fabulous and what an incredible family, state, staff, supporters we have all across this great state. all of our volunteers -- so many of you out there. every one of you should be right up here on stage with me tonight. god bless you. we are going to continue to make north carolina give everybody an opportunity to grow strong and great. god bless you and god bless the state of north carolina. thank you. [applause] thank you very much. ♪ host: guest the democratic incumbe kay hagan losing last night. she lost her house speaker thom 47% in one of the seven seas that switches to the republican party giving senate republicans the majority in the 114 congress. in just a couple of minutes, we'll take you live to louisville to hear from the incoming majority leader, mitch mcconnell. he will have a news conference with reporters gathered there in louisville and we will have it for . we are not sure about speaker banners plans but we expect some sort of news conference in the coming days. the speaker and other leadership are invited to the white house on friday to chat with president obama. speaker john boehner boehner tweeted different things including this -- he's got a lot to crow about. republicans in the house picked up 13 seats there. we want to give you a visual reference of how the house races look. this is tough for those of you on radio but much of the center of the country is already with some exceptions on the coast, in deep south texas, and up through illinois, wisconsin, and into minnesota. it was a big republican win last night in the house as well. we are waiting for mitch mcconnell so let's go back to your comments and calls. roy is in columbus, mississippi, thank you for waiting. democrat line, go ahead. caller: yes, sir, i watched the elections. i'm kind of sad and right now. i congratulate the republicans. how you can vote against your own interests. rains, they blame obama, if it storms, they blame obama. i'm a democrat and have voted republican they blame everything on obama, but everything is not his fault. i'm 61 years old. i have been through this. where i could not go to restaurants to eat. but god bless the democrats. they are the ones that will save this country. they're are the ones that saved this country. i appreciate you all for taking my call. int: here is christine springfield, the state capitol of illinois which will get a new report and governor. not a verym political person. i was not until this election. i have lost faith. host: you have lost faith in government? caller: on both sides. i do not choose a candidate because i want this or that. . choose them because of them what they stand for. what kind of person they are. the promises they make. election, all i heard is the blame game. it needs to stop. doing that andop fix this country. stop fighting with each other. stop fighting for their party. start fighting for the people. this is a country for the people, by the people. pointing needs to quit the finger and playing the blame game. people in this country need to be informed. everybody is pointing the finger about the gas prices. i got informed because i had to know for sure. they were not worse during bush. they were worse for one year. it is the government possible. government's fault i hea. level, whattate does it mean? caller: he is the lesser of two evils. i have watched the things he has done. he appeared to think that we are all stupid. we are not smart enough to see what you are doing. driving the state into the ground. host: we appreciate your comments this afternoon. winning the race over pat quinn. the new governor of illinois. washington is next. independents line. bowser --etting merle a reamuriel bowser. caller: congratulations to the republican personalities that one. -- that won. tax it comes to spending my withrs, i did not agree barack obama asking congress for $6.7 trillion budget to go down to the border to prevent illegal aliens from coming across. yet, veterans in this great nation could not even get a wheelchair. services.get appointments to see a doctor. i read many of those waiting for physically. expired while they were waiting for an appointment to see a doctor. that should never happen in america. two, i think the republican least give to at autonomy to the district of columbia. you want less intervention from government? so do we. we have a right. we deserve a right to have the economy to spend our own text dollars -- tax dollars the way we see fit. everyone else does it. why not us? why do we have to continually depend on congress to say a ornate in regards to our budget situation? host: one of those things could be the initiative approved yesterday. one of four states voting to the decriminalization of marijuana. one of congress acts against that? here comes mitch mcconnell. thank you for your calls. [applause] >> good afternoon, everyone. i would like to introduce the president of the university, who is here. jim, thank you for joining us today. [applause] you may recognize these youngsters over here. they are in a scholarship program that worked with university over the last 20 years. the best and brightest program for the students inside kentucky. can each year. -- 10 each year. they are here today to witness -- i think the voters were saying yesterday couple of things. they are not satisfied with the direction of the administration. at the same time, i heard a lot of discussion about dysfunction in washington. a lot of people will believe just because you have divided government, that does not mean that you don't come push anything. earlier today, i got a call from the president. also from senator reid and the speaker. and ted cruz, two men. too.d ted cruz, all of them have the view that we ought to see what areas of agreement there are and see if we can make some progress for the country. remind peopleto that divided government is not unusual in this country. we have had it frequently. maybe more often than not since world war ii. when the american people choose divided government, it does not y don't want us to do anything. they want us to look for areas of agreement. reagan never had the house in eight years. can think of at least for significant things done. reagan saved social security for a generation. the last copperheads of tax reform. we have to do that again. bill clinton and the republicans balance the budget for three years in a row. viewve to start with the that maybe there are some things we can agree on to make progress in the country. from institutional point of view, the senate needs to be fixed. january,speech back in not widely covered, probably should not have been widely covered, but a lot of people in the senate paid a lot of attention to it. the senate does not do anything. we don't even vote. the handicap of trying to ask plane the people of alaska why they had not had a rollcall vote on the floor for an amendment. the first thing i need to do is get the senate back to normal. that means working more. i don't think we have any votes on friday in anyone's memory. it means opening the senate up so that mms are permitted on both sides. -- amendments are permitted on both sides. it means the burning of midnight oil to reach a conclusion. i can remember the way we used to get bills finished was for to take up aleader particular bill on monday and they finish it. you have to mean. it's amazing what would happen on midnight on thursday. people who are very aggressive on tuesday morning were awfully anxious to leave friday morning. commitments would go away and bills were passed. amendments would go away and bills were passed. committees should be relevant again. you have both democrats and republicans interested in seeing it passed. constituency moving forward. having said that, there are differences. be voting oninly things as well that we think the administration is not fond of. they seem to have had no interest in doing anything serious on the energy front. we have not had an energy bill in seven near spirit people think of the keystone pipeline. that is only part of it. -- energy bill in seven years. people think of the keystone pipeline. that is only part of it. energy independence and employment connected with keystone are stunning. there are going to be areas of disagreement, but that is not unusual. with that, let me just open it to the floor. >> [indiscernible] guest: the senate was the problem. not the house. over 300 pieces of legislation on a bipartisan basis and nothing was done with them in the senate. the american people have changed the senate. we have an obligation to change the behavior of the senate and begin to function again. that does not guarantee the president is going to agree with everything we do. we are going to work and actually passed legislation. by threeen called prominent democrats since last night. prominent democrats. they are anxious to be relevant again. they are anxious for committee work to be respected. they are anxious to be able to offer and limits on the floor of the senate and get votes. amendments on the floor of the senate and get votes. the presidents have a right to veto. something the president has not had to do. he has be towed two bills and sixers. vetoed two bills in six years. that is how you cure gridlock. >> [indiscernible] what are a couple of specific examples you think you can work with this president on? >> trade agreements. we were talking about that before i came over here. most of his parties unenthusiastic about international trade. we think it is good for america. i have a lot of members who believe that international trade agreements are a winner for america. the president and i discussed that before i came over here. i think he is interested in moving forward. aid send us a trade agreement. he's interested in doing tax reform. we know having the highest corporate tax rate in the industrialized world is a job exporter. what's exporting jobs as having the highest corporate tax rate in the industrialized world. he is interested in that issue and we are, to bank. -- we are, too. bedo you believe he will voting by his own party? >> there is only one democrat that counts. the president. joe biden and i negotiated the fiscal cliff deal at the end of 2012, the thing i wanted most and i thought would be the most important for kentucky was a $5 million per person state tax exemption. a lot of people who have family farms and small businesses look like they're worth a lot of money. they are not. if you are lucky enough to have children who want to continue the farm or continue the small business, you cannot get it down to them because of the estate tax in the country. exemption that a 99% of the small businesses from having to be sold. the leader of the democrats in the house made it quite clear to me that that was in the final deal. house democrats would not vote for. was in the final deal and only 15 house democrats voted against it and only three senate democrats. the democrats who counts is the .resident of the united states democrats in congress will support whatever he agrees to do. that was a perfect example of exactly what i'm talking about. we were very much inclined to support president bush as well. when you have the white house, the most important member of your party is the person in the white house. see whether we can work with the president. we will find out. >> [indiscernible] can you talk about how you think a united republican congress would have the ability to send -- president bills >> i'm not sure that he will sign everything. we will function. we are. we are going to pass legislation. some of it he may not like. we are going to function. this gridlock and dysfunction can be ended. it can be ended by having a senate that actually works. >> [indiscernible] >> to veto pen is a pretty big thing. the president of the united states can be to legislation. he is a player. that is the way our system works. senatea paula said the -- senator paul said the senate usehat other powers can you to slow down the affordable care act? >> it is no secret that everyone of my members things obamacare was a huge legislative mistake. healthfouled up the insurance market and put states in a deep hole in terms of medicaid expansion. if i had the ability, i would get rid of it. it is also true that he is still there. we will be discussing how to go forward on this issue when we get back. i will say this, for sure, there are pieces of it that are deeply unpopular with the american people. the medical device tax has exported an enormous number of jobs. the loss of the 40 hour work mistake. big that ought to be restored. the individual mandate, people hate it. be addressingl that issue in a variety of different ways. you are going to be -- regardless of what happens, you will still be short votes in the senate. a number of blue state republicans are up for reelection in 2016. how realistic -- should it be a reality check for your base on how far you go pushing a conservative agenda? we will find out. it takes 60 votes to do a lot of things in the senate. there are things we can do with 51 votes. a budget is an extremely important thing. the president does not sign the budget. it is within our ability and within our power to sign more appropriation bills. there is no secret that i and most of my members think the bureaucratic strangulate and of -- strangulation of our economy is a huge factor in the slow growth we have experienced. it is reasonable to assume that we will use the power of the purse to push back against this overactive bureaucracy. we have a huge example of that here in this state with the war on coal. not authorized by congress. cap and trade cannot get the votes to pass. they had huge majorities in the house and senate and could not pass cap and trade. there is widespread opposition to that. look for us to go after those things through the spending process which is our best tool in our governmental system. we will see how we do. >> in the debt ceiling fight, you told me it was a hostage not worth shooting, but a hostage worth holding for ransom. the debt ceiling is coming up sometime in the spring. are we going to have another moment there were are those sorts of crises going to end? >> there will be no government shutdown. >> [indiscernible] one of the issues i don't believe you mentioned is immigration. we expect he will move forward with some sort of action. what with the republican response be? >> i think the president choosing to do a lot of things unilaterally on immigration would be a big mistake. it's an issue that most of my members want to address. it's like waving a red flag in bull to say i will do it on my own. the president has done that with obamacare and immigration and threaten to do it again. i think it poisons the well. for the opportunity to address a very important domestic issue. . would not do that you >> you have worked with the president for a number of years now. what is your sense having abouted to him today what he is going to do? youthat be achieved between and the president? the relationship i've had with the president has always been cordial. i think that's my attitude about this is trust. the american people have spoken. the have given us divided government. the question for both the president and the speaker and myself and our members is what are you going to do with it? weant to look for areas can agree on. there probably are some. that's what we will be talking about in the next few weeks. that you promised there will not be another government shutdown? >> we will not be shutting them down the government. we are going to a lunch on friday. do you have any concern about members of your conference who might want to run for president? how will you handle that? >> i know a lot of people who want to run for president. is, theell them all best day you will have will the day before you announce. it is short of being in combat and being shot at with real bullets, nothing is harder than running for president. unless it's running for reelection in the senate. with people'slem ambitions. i serve anybody with a bunch of class presidents. they are all ambitious or they would not be where they are. elbowsf folks with sharp and big egos. troubled by ambition. i think we can accommodate that and still make progress for the country. >> [indiscernible] >> you're asking me a lot of hypotheticals. that a been suggested republican senate would bring ess to anation proc grinding halt. what are your thoughts on rolling back the nuclear option? >> i have said to my members going back to november 13 when the trigger was pulled and the rules of the senate were broken that is something we ought to address if we are given the majority. we have been given the majority and we will address it. i'm going to discuss that with our colleagues. it is a big issue. largely lost on the general public. the most significant thing about what the majority leader decided to do was break the rules of the senate which requires 57 votes to change the rules of the senate. by overruling the parliamentarian who said you cannot do that with 51. mistake inge, huge my view. it is hard to unring a bell. the have now established a precedent. a big issue and a big discussion we are going to have in the coming months. >> how was your call with senator cruz? >> he congratulated me on my election. with thepressed margin. i was pretty happy about it, myself. we had a good, from the conversation. >> [indiscernible] >> we have all kinds of people in the 54 member senate. we will see where we are at the end of the vote. it was a very cordial conversation. i appreciated the call. >> [indiscernible] >> he called to congratulate me on my election. i'm not talking about that. he's a pretty independent guy. he will announce what he will do. >> that is twice now that there would not be a default. would you insist on cuts to correspond with any -- >> we have the opportunity to pass a budget. which has to do with how much you are going to spend. we have other mechanisms that were unavailable to us with the previous configuration of the government. i think that is a pretty important tool. >> can you talk about your phone call with harry reid? you have had the most acrimonious relationship. >> we have had some spirited debates on the floor of the senate about the way the place was being run. but we do not have an acrimonious relationship, personally. what was your question? >> what was that conversation like? are you two going to be working better together? >> he called, having been a leader himself, he called to complement me on what a skillful campaign we ran. he paid close attention to it. as many of us have discussed before, that has been the new paradigm. campaign ifal level you are a leader of the senate. perry said he had followed it very closely. and complement and me on a campaign will run. >> [indiscernible] [laughter] >> i did not get involved the last time. i don't intend to this time. >> [indiscernible] can you talk about foreign policy? concernnk the immediate in the health area is the ebola crisis. what, if anything, the administration will do on the financial side. the authorization to help the syrian rebels, we insisted on that terminating at the end of this year so we could have a new discussion with the administration about where the administration sees the battle against isis. that is one of the things the president mentioned today will be on his agenda. and whatare recommendations he may have to make about going forward. >> [indiscernible] can you talk about how much of a window use yourself having passed next next year? year'save to finish this in first. harry reid is still the majority leader. the media discussion we will be having this immediate discussion will be having -- there are a number of things that have been put off. >> [indiscernible] >> we will be talking about whether to do a cr nominee or the tax extender package. there are a number of things that have stacked up. i think i have said it before and i will say it again. the senate has not been doing anything. there is a lot of unfinished business sitting there. some of which is advantageous to get out of the way. democrats may want to do it and we may want to do it. in order to clear off some of the necessary work. frank? about dodd the banking committee will be taking a look at dodd frank. i have called it obamacare for banks. the big guys are doing just fine under not frank. -- under dodd frank. the banking committee is going to want to take a look at how much damage it has done to the little guys who have nothing to do with the meltdown. i would be surprised of the banking committee is not going to take a look at it. he said after 2010 were surprised that president obama did not shift more towards the center. this he have irresponsibility to do that now -- as he have the responsibility to do that now? so because you cannot do anything without a presidential signature. the veto pen is a pretty powerful tool. both reagan and clinton are good examples of accepting the government you have rather than fantasizing about the government you wish you had. what they had. reagan never had the house and clinton never had the house or senate. the president has a choice. because of the strength of the veto pen, he can stand the current course he is on. just be towing any effort we make to push back against what he is doing. say, let's see if there are some areas of agreement. i mentioned a couple of think are the big and important issues. trade and tax reform. we will see. >> [indiscernible] there? ready to meet him i'm pretty familiar with our conference, including the new members coming in. the vast majority of them don't they should come to washington to fight all the time. is not theernment reason to do nothing. divided government has been pretty productive. the vast majority of my members would rather make progress on ehings they think th country needs to be dealt with the not. the president is the most important player. the obvious constitutional advantage she has. it will require his complicity to do that. -- advantage he has. he has been prevented from having to do that by the dysfunctional senate. have a is going to congress that is going to be more challenging for him. the choice is really his. i'm hoping he will decide to move to the center. did ted cruz pledged his support to you? one week from tomorrow, i will be elected majority leader to the senate. [applause] mitch mcconnell one has race yesterday against alison grimes. more importantly, his party gains control of the u.s. senate , gaining at least seven seats in the u.s. senate, making mitch mcconnell the presented, likely incoming majority leader. he's meeting supporters as he leaves the news conference. nearly half hour news conference with mitch mcconnell talking about things that need to get done, both during the lame-duck and with the 114th congress. he said let me be clear, there will be no government shutdown and no default on the national t.b he was asked about his run for majority leader, seeming confident about the support. here is an endorsement from his --tucky colleague angus king holding a press conference at 3:30 two announces plans going forward. we will keep you posted on any news of that. writes about the west virginia senator possibly switching over to the republican side. he has no plans to switch parties following last night's sweep. we are still waiting to hear from senator angus king of maine. the news conference this afternoon with angus king at 3:30 eastern. thatll let you know president obama will speak to reporters here in about 15 minutes or so. we will take you live to the white house for that. plenty of time for your phone calls and comments. you can tweet us or log onto facebook for your comments there. look at our campaign 2014, 1 of the many graphics. back to your calls. let's hear from mississippi on our public in line. -- republican line. caller: i want to thank you for the opportunity to add my two cents. i'm a biracial republican. volunteer to bridge the gap between different parties, trying to move this situation forward. we have some pressing issues. this nation -- stop pressing the idea of the grand old party. our party is being represented by these hot button issues we re with no facts to back it up. we are facing global warming as a reality. we just went through a hurricane in a while back. we are contemplating the issue of insurance. with no real solutions. was held washington accountable for the oil spill. both people try to hide those issues. thate that we understand we are one nation. it will serve our best interests to become united in the growth and investment of this nation. we should be in a better position than we are now. groundhe leaves on the -- the big issues are term limits, political corruption. taking the money out of politics. the hot button issues that are being thrown away so often and destroying the ties we make with other organizations -- i want to thank you for the job you guys do in dealing with the issues of many people. i feel for you, honestly and sincerely. i've been watching for many years. talked -- if we talked as americans instead of individuals, we would be in a position to show the world. host: thank you. let's hear from indiana. deborah on our democrats line. good afternoon. thank you for taking my call. just wanted to address something that was stated a bit before senator mcconnell's speech. touching on a couple of things that this election has brought to the surface. veteran and the spouse of a 100% disabled veteran, we were hoping that things were going to change with the election. regardless, that is not going to happen until a couple of things take place within our country. one of those being campaign-finance reform. rich white men are able to throw money into elections, those of us that are not white rich men will not have our voices heard. we really need to do a better job as a nation to educate our voters regarding the process of our electoral process. how legislation comes about weird our president does not have the authority that most of these ad campaigns shout about as it president obama were a dictator and his will alone was what got us into the current political system to where it is. .here there is so disharmony from day one, the republicans decided they were going to do everything they could to disrupt president obama's agenda as far for hisersonal goals political career. unfortunately, he cannot do it on his own. without help from congress, he -- he was a lame-duck his first term. host: thank you for your calls and comments. we will hear from the president in about 20 minutes -- 10 minutes. a live look at the east room of the white house. president obama will speak on the results of the midterm election. we showed you mitch mcconnell live a short while ago. we also heard earlier today from the head of the republican national committee and the heads of the campaign committees. here's a bit of what rights previous had to say -- >> they want nothing to do with the policies of barack obama and hillary clinton. up and down the ballot, these were the president's candidates, the clinton candidates. and they lost. remember hillary clinton campaigned in kentucky. grimes lost by over 15 points. then hillary went to iowa and joni ernst one by more than eight points. hillary cannot even say the democrat in massachusetts. we won in red states and blue states and purple states. we won because our policies resonated with the electorate. our ground game mobilized voters and our candidates connected with the american people. after the growth and opportunity project, we fundamentally changed our strategy to expand the electorate and build permanent relationships and committees. we made a strategic decision to prioritize low propensity voters. the results speak for themselves. we won with our new strategy and we beat the other side at their own game. the rnc chairman from earlier today. reaction to the election results available on www.c-span.org. rollcall tweeting this afternoon about who may take over this positions. -- those positions. a bit more on that rollcall article. roger wicker is joining dean heller in the race to chair the national republican senatorial for the 2016 cycle to we are waiting to hear from president obama in five minutes or so. .ack to your calls your reaction to election 2014. ellicott city, maryland. . tyler, go ahead. i want to thank you for providing this extremely important public service. i was raised externally conservative. i switched to liberal for a bit. i've been all over the place. 22 and i work for minimum wage with a college degree. it is not a great place to be. the time i have observed politics in washington, it seems like -- there are red people and blue people. at the end of the day, they all and are all kind of the same. have we had immigration reform? has the tax code been reformed? note -- a senator $403,000 from oil and gas. -- iestion to this represent us and centers, are they working for us or for other interests? he does not matter whether bush is an office or obama is in office. they're working for themselves. indicative of an out of touch ruling class. severe divisions between the haves and have-nots in this country. host: couple of comments on twitter. this one from melissa larry hogan winning in maryland. david writes and from rich -- mitch mcconnell said he spoke to president obama this that hen and mentioned and other congressional leaders invited to the white house for what is likely to be a working lunch on friday. live to the white house in five minutes or so. this is patrick in arlington, virginia. republican line. caller: thank you, c-span. i wanted to congratulate the republicans on their win and aassure that republicans have freedom agenda, not a conservative agenda. it's for all americans. one of the things i picked up on is conference with mcconnell that ted cruz was not taken out of context. he just refused to comment on whether or not he's going to vote for mcconnell. fox news has taken that way out of context. there are five quick points. a freedom agenda starting with tax reform. possibly an opt out for the next generation on social security. energy reform. take the handcuffs off and realize the vast amount of natural resources americans have in putting americans back to work. health care reform. commerce, interstate trade. the more competition, the lower the cost. when you have more supply, the cost of that supply goes down. is, for a vast minority of workers. we ought to be talking about quality pay with employer tax incentives. fifth, immigration reform. 130ink you would find million of us can trace our roots to ellis island. i don't think that is a great way forward. with a actually left off $5 trillion debt. bush left with another $5 trillion debt. now, under obama, we have added a trillion dollars in just six years. it is time to really in the government and get back to our freedom as americans once again. ed $8der obama, we have aidedd trillion in just six years. host: must do items on capitol returnight when members -- a weight when members return one week from today. this is valerie in lafayette, indiana. democrats line. caller: good afternoon. soundconnell tried to real conciliatory. i don't really trust him. i don't trust any of them at this point. , late spring is when you see things for what they really are. right now, you have a schizophrenic republican party. that is all i have to say. host: here is atlanta, georgia. in the . -- independent line. what do you think of the senate race with david purdue winning? caller: i'm actually glad. as long as he actually goes and get something done. like the color before, i'm a 22-year-old millennial. i was watching the speaker. before, i'm aller 22-year-old millennial. i think we could get a lot accomplished. host: larry is next up in jacksonville as we await president obama speaking to reporters and others in the east room of the white house. afternoon.d my hats off to c-span. you guys provide a great service to this country. thank you for much. -- thank you very much. now that we have a republican-controlled senate and republican-controlled house, let's see some action. maybe we can get that to the committees for a vote. truly that is the answer to our -- thank you very much. the items on mitch mcconnell's list we talked about a lot of different things. if you missed the comments from earlier, we heard from conservatives in washington. trolley cook and others at the national journal. -- charlie cook and others at the national journal. you can find that online at www.c-span.org. nikki is up next in connecticut. caller: thanks a lot for taking my call. registeredmployed democrat for over 40 years. not real happy with the turnout in connecticut. we have no republican representation at all. back in 2006, i supported the kerry campaign and said what the .eck and my biggest to enemies were nancy pelosi and harry reid. obama scares the heck out of me because it seems like he wants to force everything down my throat. i don't feel like i have any representation. i'm very happy the republicans have control of both the house and the senate. i hope they get some things done. i'm giving them another chance. i have no representation in connecticut. all i can do is depend on them to do things for me. the only other thing i have to say is most of the people who voted for obama and the democrats are they give mes. they say you don't get anything free unless you take something away from someone else. for me, i'm looking for a job. looking for jobs to be created. i'm looking for things to be sensible and responsible. i hope they get some things done. these guys made some great speeches. i hope they are going to go down there and get some things accomplished. i'm glad they got rid of harry reid. one more point i want to make is, a lot of times republicans did propose bills to harry reid and he held back. no one knows what the republicans actually did propose that could have been good for our country. host: mickey calling from connecticut. still in connecticut, waiting for president obama, we go to east hartford. david on the republican line. caller: hello. thank you for c-span. i just voted the party line yesterday and i did not win. that's ok. it's really good to hear mitch mcconnell saying that we will and a break on th syria step back. thanks for c-span. host: the president's chief of staff standing there as we wait for the president to come out and speak. independent line. caller: thank you very much. sees sad and nauseating to a nation that cannot respect the commander-in-chief. everything barack obama has put in place or attempted to put in place has come up against opposition from the public and party. -- republican party. politicians and and take manipulate things. unfortunately, we put our money in god we trust in the last thing we do is incorporate god and their actions or ways concerning the nation. this man look out for the people. we are going to have people working to support us, they have to be in a condition -- nobody saw that. as with in florida when the ballots disappeared, watergate and nobody was accountable, we energy and nothing is being done because they are all politicians. at what point do people stop looking at the color of our president and support him as our commander-in-chief? it gives other nations the right to disrespect, dishonor and degrade us as a people. host: rick scott barely winning in florida. for charlie crist. waiting to hear from president obama. large crowd gathered in the east room of the white house. we will have it live on c-span and c-span radio when it starts. another call from connecticut. nick, go ahead. our you there? we will try nora in indiana. a couple minutes here. really happy with the way david purdue came across. he has the right attitude about everything. mentioned god is several times. relying on god for all that we should do for the nation. that in god we trust should stay on the money. we should be able to pray and speak with god in our schools. that is all i have to say. host: we will stop it there temporarily and stay here live in the east room. the president is a couple of minutes way. ,fter the president's comments we will open up phone lines once again for your reaction. the conversation continues online. ladies and gentlemen, the president of the united states. >> good afternoon, everybody. have a seat. today, i had a chance to speak with john boehner and congratulated mitch mcconnell on becoming the next senate majority leader. i told them both that i look forward to finishing up this business and then working together for the next two years to advance american business. look forward to the prospect of working together. i look forward to hosting the entire republican and democratic leadership at the white house on friday to chart a new course forward. republicans had a good night. they deserve credit for their campaigns. i will leave it to all of you that's what stands out to me is the american people send a message. one they have sent for several elections. they expect the people they elect to work as hard as they do and expect us to focus on their ambitions and not ours. they want us to get the job done. all of us in both parties have a responsibility to address that sentiment. still, as president, i have a unique response ability to try to make this town work. i hear. i have a unique response ability to try to make this town work. i hear you. mored to give americans reason to feel that the ground is stable beneath their feet. the future is secure. there is a path for young people to succeed. and folks here in washington are concerned about them. i plan on spending every moment of the next two years doing my job the best i can to keep this country safe and make sure that more americans share in its progresstry made real since the crisis six years ago. the fact is more americans are working. unemployment has come down. more americans have health insurance. grown.turing has our deficits have shrunk. our dependences on foreign oil is down as are gas prices. our graduation rates are up. businesses aren't just creating jobs at the fattest pace since the 1990's our economy is outpacing most of the world. but we just got to keep at it until every american feels the of a growing economy where it matters most, and that is in their own lives. obviously much of this will take action from congress. i'm eager to work with the new congress to make the next two years a is productive as possible. ideas not whether they are from democrats or republicans but whether they work for the american people. that is not to say that we won't disagree over some issues that passionate about, we will. ingress will pass some bills cannot sign. i'm pretty sure i'll take some congresshat some in will not like. that is natural. that is how a dem acy works. will find ways to work on broad where there is commitment among the american people. idea. offer my i will offer areas where you can can respond together to economic needs. take one example. we all agree on the need to jobs to pay well. jobsparties have been for recreating the infrastructure. roads, bridges, ports, waterways. can hone in on a way to pay for it through tax reform that loopholes and -- closes loopholes. we could also work together to grow our exports and open new manufacturers to goodsore american made through the rest of the world. we share the same aspirations and i wasung people encouraged that this year republicans agreed to earlyments that expanded childhood education. i think we have a chance to do more on that front. ideas toome common help more young people afford college and graduate without crippling debt so they have the freedom to fill the good jobs of tomorrow and buy their first homes and start a family. and in the five states where a minimum wage increase is on the ballot voters went 5-5 to increase it. about 325,000 americans a raise in states where republican candidates prevailed. so that should give us new reason to get it done for with a national increase in the minimum wage. so those are some areas where i we have some real opportunities to cop rate and cooperate. cop rat i'm eager to hear republican ideas for what they think we can together the next couple ofyears. there is still business that needs attention this year. there are things we can work on before the congress wraps up for the holidays. i'm sub smitting a request for funding to ensure that doctors, troops havend resources that he need to combat the spread of ebola in africa in crows our preparedness for future cases here at home. engaging will begin congress over a new authorization to use military isil.against the world needs to know we are united behind this effort and women of our military deserve our clear and unified support. third, back in september congress passed short-term legislation to keep the operating open and into december. five weekscongress first base rest ofa budget for the the fiscal year. companies are steadily creating jobs which they are we inject any new uncertainty no the world and the american economy. is time for ust to take care of business. there are things this country has to do that can't wait another two years or another four years. there are plans the country has to put in place for our future. and the truth is i'm optimistic about our future. i have good reason to be. americans across the country who are determined and big hearted and ask what they never give up. and overcome obstacles. every singleire me day. so, the fact is i still believe what i said when i was first elected six years ago last night. plastered across the tv screens today and for all cynics who say otherwise. i believe we are more then a collection of red and blue states. we are the united states. and whether it is immigration or climate change or making sure our kids are going to the best possible schools to making sure communities are creating jobs, whether it is of terrorhe spread and disease, to opening up doors of opportunity to everybody who willing to work hard and take responsibility, the united do.es has big things to we can and we will make progress if we do it together. work look forward to the ahead. so with that, let me take some questions. that our team got my withand we will start julie at associate press. >> thank you, mr. president. you said during this election that why your name wasn't on the ballot your policies were. and despite the optimism that expressing here, last was a dive stating night for your party. do you feel a responsibility to recali bait your agenda and what changes do you need to make to voters the concerns that expressed with your administration? >> well, as i said in my opening marks -- remarks, the american people overwhelmingly this town doesn't work well and it is not atentive their needs. as president, they rightly hold mow accountable to do more to it work properly. elected by it who is everybody, not just from a particularstate or a district and they want me to push hard to close some of these through some of the gridlock and get stuff done. so the most important thing i do is just get stuff done and help congress get some things done. aagai agenda items, julie, if you look as i just mentioned a minimum wage increase, for example, that is something i talked about a lot during the pin where voters had a chance to vote directly on that item they voted for it. and so i think it would be hard to suggest that people aren't supportive of it. know that the surveys consistently say they want to see that happen. to find areass where the agenda that i put believe willhat i help strengthen the middle class and crowiate more ladders -- ladders of opportunity into the middle also makemprove our schools and college more affordable to young people and milwaukee sure that we are grow -- and make sure growing faster as an economy, the eis to make sure that -- the key is to make sure the ideas that i have where with the idea thats that the republicans have. there will be some ideas that i got that i think the evidence backs up would be good for the economy. republicans disagree. they are not going to support those ideas but i will keep on for them because i think they are the right thing for the country to do. there are going to be some that they have got that they believe that will improve thatconomy or create jobs from my perspective isn't going to help middle class families their economic situation. so i probably won't support i do think there will be areas where we do agree on in from structure. on infrastructure and making sure that we are boosting myrican exports and part of task then is to reach out to republicans, make sure that i'm listening to them. i'm looking forward to them putting forward a very specific in terms of when they would like to accomplish. compare notes in terms of what i'm looking at and what they are looking at. get started on those things where we agree. even if we don't agree 100%, get started on those things where we agree 70%, 80%, 90%. and if we can do that and build and improve how washington,rk in then i think that is going to give the american people a confidence that in fact their government is looking after them. [inaudible question from the gallery] >> julie, i think -- every single day i'm looking for how we do what we need to do better. whether that is delivering basic services, the government provides to the american people, is our capacity to work with congress so that they are passing legislation, whether it is how we communicate with the american people about what is, weorities and vision are constantly asking ourselves questions about you know how do make sure that we are doing a better job. that is not going to stop. fory election is a moment for reflection and i think that everybody in the white house is going to look and say all right, what do we need to do differently. arethe principles that we fighting for the things that motivate me every single day and my staff every single day, those things aren't going to change. there will be a consistent focus morew do we deliver opportunity to more people in the country. how do we grow the economy faster. people backt more to work. and i maybe have a naive that if we continue to focus on the american people or not on our own ambitions image or various concerns like that at end of the day when i look back i will be able aretay the american people better off than they were before i was president. and that is my most important goal. so, but the other thing i just want to emphasize is i have said before and i want to reiterate it, if there are ideas that the republicans have that i have confidence will make things ordinary americans, the fact that the republicans suggesting it as opposed to a democrat, that will be me.levant to mow. i want to see what works. some things like rebuilding the infrastructure or early childhood education that we know works. i'm hoping that the kind of attitude and approach that mitch mcconnell and john boehner expressed their desire to get finds done allows us to some common ground. jeff mason? mr. president. in 2010 you called the results of the mid term election a shellacking. what do you call this? and can you give us an update on your feelings about the executive order and result in the aftermath of the election? affect yourction plans to release it? is it likely to come out before duck session is over the scope you reduce to just a million people? >> as i said in the opening no doubt that the republicans had a good night. we will make sure when we do is out to mitch mcconnell and john boehner who are now running both chambers in congress and find out what their hope is that my they have got some specific things they want to do that things thatith some we want to get done. what is most important to the theican people right now, resounding message not just of this election but basically the last several is get stuff done. the nextry about election. don't worry about party affiliation. our concerns. i'm aabout the fact that single mom and at the end of the month it is hard for me to pay haveills in part because i these huge childcare costs. worry about the forecast that i'm a young -- worry about the fact that i'm a young person to go to college but i'm worried about taking $50,000 a year out in debt and i don't will pay that back. do worry about the fact tame' a construction worker who has been working all my life and there is should beon work that done but for some reason projects are stalled. if we are thinking about those folks i think we will hopefully some stuff done. in terms of immigration i have consistently said it is my preference to see congress act comprehensive immigration reform bill that would wouldthen our borders, streamline our legal immigration system so that it works where attracting the best and brightest from around the world and that we give an folks who live here in many cases for a very kids who arey have u.s. citizens, but aren't properly documented. give them a chance to pay their back taxes, get in the back of line but get through a process that allows them to get legal. bipartisan basis passed a good bill. it wasn't perfect. it wasn't exactly what i wanted but it was a sound, smart piece that really would greatly improve not just our but ourion system economy and would improve conditions here in the united states. and make sure that american born aren't undercut by workers who are undocumented and aren't always paid a fair wage a consequence employers who are breaking the rules are able to undercut folks who are the right thing. we got a bipartisan bill out of the senate. i asked john boehner at that can we pass this through the house? there is a majority of votes in passed?e to get this and speaker boehner i think was itcere about wanting to pass but had difficulty over the last year trying to get it done. he finally told me he wasn't going to call it up this isr, what i indicated to him i feel obliged to do everything my executivey with niemann authority to make sure that we systemeep on making the worse, but that whatever taketive actions that i will be replaced and by action -- actions byby congress. that is a commitment i made not the american people and obeys and evangelical community enforcement folks and everybody who has looked at this thinks that we need immigration reform. that is a commitment that i made boehner i would act in the absence of action by congress. before the end of the year we going to take whatever lawful actions that i can take improve theve will functioning of our immigration system that will allow us to resources tonal the border where i think the majority of americans have the deepest concern. and at the same time i will be reaching out to both mitch john boehner and other republican and democratic leaders to find out how it is they want to proceed. and if they want to get a bill done, whether it is during the i'm eageror next year to see what they have to offer. what i'm not going to do is just wait. it is fair to say that i have shown a lot of patience and tried to work on a bipartisan basis as much as possible. keep on doingto so. but in the meantime, let's figure out what we can do lawfully through executive actions to improve the functioning of the existing system. want to get into the details of, it i suspect that when i announce that executive withn it will be reporting be e detail and i'm sure there will questions. follow-up chris jansen? >> thank you, mr. president. to follow up on a couple of things and start with immigration. and are you concerned that if executive order on immigration before the end of the year it will scuttle betever chances there may for there to be some sort of compromise on the issues that about?ked unhappyder given the eelector ate why they publish the republicans versus the democrats by far? >> when it comes to the analysis, that is your job. what is also true is i am the the united states and understandably people are greater ask for accountability and more responsibility from me than from in this town. appropriately so. and i welcome that. commitment that i will make to the american people and the way i have troyed to contact myself throughout this -- myself throughout this presidency is i will wake up doing mygle day absolute best to deliver for them. there are areas where we have progress. i think economically i can look thatand there is no doubt on almost every measure we are better off economically than we when i took office. but what is also true is there is still a lot of notings out there that -- folks out there who are anxious and hurting and having trouble making ends meet worried about their children's future and it is my confidence them some that this town can work to some of those worries that folks have. and we haven't done a good convincing them of that and i understand that. have been watching washington over the last two, four years what they have seen arguing and a lot of gridlock but not a lot of leastte actions at legislatively that have made a difference in their lives. and so we have got to make sure a better job. a better job. and i'm committed to doing that. on immigration, i know that concerns have been expressed if you do something through executive actions even if it is authorities that that will make it harder to pass immigration reform. have to remind everybody, i have heard that argument now of years.le this is an issue i actually done in my first term and we didn't see legislative action. in my second term i paid it legislative priority. we got good work done by a senators andoup of it froze up in the house. i think that the best way if gettinge serious about immigration reform done is go ahead and passing the bill. it to my desk. and then the executive actions away. take go they are superseded by the law has passed. and i will engage any member of congress who is interested in can shapew we legislation that will be a significant improvement over the system. but, what we can't do is just keep on waiting. there is a cost to waiting. is a cost to our economy. resources are misallocated. when thish somehow of unaccompanied children cropped up during the summer, there was folks who perceived this as a major crisis in our immigration system. is that those numbers have now come down and they are approximately where they were a year ago or two years ago or a year before that. realt did identify a problem in a certain portion of the border where you got to get resources. but, those resources may be misallocated separating families right now that most of us, most probably weuld say would rather have them just pay their back taxes, pay a fine, english, get to the back of the line but we will give you a pathway where you can be legal country. so where i have got executive do that we should get started on that. but i want to emphasize once again, if in fact republican to see an want wants immigration bill passed they now to pass it andty hopefully engaging with me and democrats in both the house and senate it is a bill that i can sign because it addresses the real concerns that are out this. and the sooner they do it from my perspective, the better. johnathan carl? mr. president. mitch mcconnell has been the republican leader for six years you have been president. his office tells me that he has one met with you one on six or tollways throug tollwaye year pored. as somebody who came to washington promising to end the par sanship, it was a so little to develop relationships with the republicans in congress? that every day i'm are there some thingsky do better. ha i will keep on asking every single day. the fact is that most of my most ofs with members my interactions with congress cordial and constructive. often times we haven't been able to get what is discussed in a meeting through -- through caucuses in the house and the senate to deliver a bill. news is that now mitch mcconnell and john boehner are from the same party. i think they can come together and decide what their agenda is. majoritiesufficient to make real progress on some of issues. and you know, i'm certainly going to be spending a lot more with them now because that is the only way that we will be done.o get some stuff and i take them at their word produce. want to are in the majority. they node to (their agenda. i need to put forth my best ideas. i think the american people will be able to watch us and they are paying attention to see when or not we are serious about actually compromising and being constructive. my commitment to them, and i said this when i spoke to them, anywhere where we can find common ground i'm eager to pursue it. >> are you going to have the drink with mitch mcconnell that houseked up at the white dinner? >> i would enjoy having some bourbon with mitch mcconnell. i don't know what his preferred but -- my interactions with mitch mcconnell. verys always been straightforward with me. to his credit, he has never made promise that he couldn't deliver and he knows the legislative process well. obviously knows his caucus well. he has always given me i think realistic assessments of what he can get through his caucus and what he can't. think we can have a relationship. >> bill manning. you, mr. president. another deadline coming up is november 24tors by have to figure out if they will aach a deal with iran on nuclear agreement. i'm interested what your current perspective is on how the going?tions are also, if it is your feeling that implementhe power to any type of agreement that is reached without any action from congress? then also wanted to wickly touch on the aumf. of the a codification limits that you put in place for the mission up to this point? forhat should we be looking on that when you send it to the hill? thank you. will bemf, the leaders coming here on friday. just theed group, not four leaders but a larger group who all have an interest in the issues we are discussing today. to invitetually going lloyd austin the cencom commander to make a presentation how our fight against isil is proceeding. questionsk to answer and assure that congress is fully briefed on when we are doing there. with respect to the aumf, we already had conversations with members of both parties in idea is tod the right-size and update whatever providestion congress to suit the current fight rather fights.vious 2001, after the heart d.n.a. 9/11 we had agtragedy of specific set of mixes that we had to -- of missions that we aumf wasnduct and the designed to pursue those missions. with respect to iraq there was a specific aumf. we now have a different type of enemy. the strategy is different, how with iraq and other gulf countries and the coalition that has to be structured differently so it makes sense for us to make the authorization from congress reflects when we oureive to be not just strategy over the next two or three months but our strategy forward. and it will be a process of listening to members of congress us presenting what we think needs to be the set of we have.es that and i'm confident we will be able to get that done. just be a process of us getting it started now. into the nextver congress. of the, because unprecedented sanctions that we put in place that really did a crippling effect on iran's economy, they have come to the table and they have negotiated seriously around providinproviding assurances thy developing a nuclear weapon for the first time and abided by the interim rules. we have been able to freeze their program, in some cases reduce the stockpile of nuclear had that thematerial that theyy in hand and the discussions and the negotiations have been constructive. the international community has and cohesive. even countries where we have differences like russia have with us and have worked with us cooperatively in trying ways to make sure that we can verify and have confidence going forward that doesn't have the capacity a nuclear weapon that could not only threaten friends israel trigger a nuclear arms race in the region could over the long-term potentially threaten us. whether we can can actually get have to finde will out over the next three to four weeks. we have presented to them a allow themhat would to meet their peaceful energy in fact what their leadership says that they don't a nuclear weapon if that is in fact true they have an avenue here to provide assurance to the world and in a progressive step-by-step verifiable way out from underet cantions so that they re-enter as full fledged members of the international community. own politics their and will is a long tradition of mistrust between the two countries and there is a sizeable portion of the cut itsl elite that can teeth on antiamericannism and convenient to blame america for every ill that is, and whether they can manage to say yes to what clearly would be better for iran, better for the region, and openr for the world, is an question. we'll find out over the next several weeks. >> sir, if the -- on whether or not you have power unilaterally sanctions to implement an agreement? >> there are a series of sanctions. multilateral, u.n. sanctions, imposeds that have been by us, this administration think it is and i different for each of those areas. but i don't want to put the cart before the horse. to do is see if we, in fact, have a deal. if we do have a deal that i have confidence will prevent iran from getting a a nuclear weapon and that we can convince the the public will prevent iran from getting a weapon, then it will be time to engage in congress and i think we will be able to mix a strong argument -- make a strong argument to congress this is the best way to avoid a nuclear iran. it will be more effective than alternatives we would take including military action. i would rather have no deal than a bad deal. don't want to do is lift sanctions and provide iran but not have the verifiable mechanisms to make upe that they don't break and produce a nuclear weapon. henry? i missed you guys. i haven't done this in awhile. >> i missed you. thank you, mr. president. i haven't heard you -- i haven't a specific thing during the news conference that you would do differently. it a fewbeen asked different ways. i understand you said you are going to roach out. doublingke you are down on the same policies and approach you had for six years. pull a page from the clinton playbook and admit you have to make a much more for the shift in course last two years? and on isis, it was a pretty in the last few days with it appearing the syrian rebels routed, gitmo detainees who rejoined the battlefield helping isis and is theerror groups report. moi questiomy question is, are ? >> i think it is too early to say whether we are "winning" at the outsetaid l campaign, this is going to be a long-term plan to solidify the iraqi government, to solidify their security forces, to make sure that in air cover that they have the capacity to run a ground game that pushes isil back from some of the territories that they had taken, a strongave international coalition that we have now built but that they are providing the training, providing the equipment, providing the are necessary for iraqis to fight on behalf of their territory. what i also said what that complicated and that is not going to be solved soon.me our focus in syria is not to solve the entire syria rather to isolate the areas in which isil can there is no doubt that because of the extraordinary bravery of our men thewomen in uniform and precision of our pilots and strikes that have taken place isil is in a more vulnerable position and it is more difficult for them to than it was previously. there is a specific issue about trying to get a moderate opposition in syria that can onve as a partner with us the ground. that has always been the hard getrt piece of business to done. there are a lot of opposition groups from syria along a from radical jo jihadists our are enemies to folks who believe in democracy and everything in between. they fight among each other. they are fighting the regime. and what we are trying to do is to find a core group that we can work with that we have confidence in that we vetted can help in -- that can help in regaining territory from ultimately serve as a responsible party to sit at eventual political negotiations that are probably future.s off in the that has always been difficult. as you know, one of the debates consistently been should the provideministration more support to the opposition? could that have averted some of problems taking place in syria? and as i have said before, part the challenge is, it as messy situation. it is not a situation where we unified single effectived effective robased et reliable -- let me answer the question, ed. going toat we are continue to test is can we get a effective cohesive moderate opposition. but that is not the sole measure whether we are quote, unquote, winning or not. focus, ed, here is to drive isil out of iraq. syriaat we are doing in is first and foremost in service isil's capacity to resupply and send troops and then run back over the syrian eventually re-establish a border between syria so that slowly iraq regains control of its territory.d its that is our number one mission. that is our number one focus. what ise aspects of going on in syria that we have got to. >> deal with in order to reduce deal with. -- got to deal with. kurds in kobane, that is not just because we are trying to solve a syria problem. is also because it gives us an opportunity to further weaken isil so meet our number one mission which is iraq. things to do differently, i guess, ed, the asking is onere actually i think i have answered. asking about askingel, if you are is about position on issues or what have you, then it is probably premature because i want to hear what -- about the -- >> ed, what i would like to do is to hear from the republicans find out what it is that they would like to see happen. and what i'm committing to is making sure that i am open to issues with them on the that where they think that there is going to be cooperation. now, that isn't a change because i suggested to them before that where they think there is area of cooperation i would like to some things done. but the fact that they now chambers of congress i think means that perhaps they have more that they can pass their agenda and get a bill on my desk. that negotiations end morerhaps being a little real because they have larger in theies for example house and may be to get some things through their caucuses they couldn't before. but the bottom line to the people want to know that up -- and that i'm going to myeat here today is that number one goal, because i'm not running again, i'm not on the furtheri don't have any political aspirations -- my is just togoal deliver as much as i can for the american people in the last two years. and wherever i see an matter how large or how small to make it a little kid to woul go to college. make it a little more likely finding a goods paying job. make it a little more likely that somebody has high wall qualityhealthcare. even if i'm not getting a whole in gettingterested we can getgislation passed that adds up to improved and improve future for the american people. sam stein? >> thank you, mr. president. elections,he congressional republicans are pushing for major reforms to the healthcare act. can you tell us what specific ideas you are ruling out? have the election results calculus on reforming the law? and how confident heading into enrollment period? and have you settled on a nominee to replace attorney eric holder? and if so, who is it? >> you want to spread out your bit, tonigh don't you? you don't want it all in just one big bang. on the attorney general we a outstanding candidates we are taking a look at now and in due course i will have an will bement and you there, sam, when it is announced. will findent that we somebody who is well qualified and will elicit the confidence of the american people and will by the senate. on healthcare, there are certainly some lines i'm going draw. repeal of the law. i won't sign. awayts that would take healthcare from the 10 million who now have it and the millions who are eligible to get it we are not going to support. there may be recommendations that republicans changes that would of thene the structure law and you know i will be very andst with them about that say look, the law doesn't work oryou pull out that piece that piece. on the other hand, what i have law that has is no ever been passed that is perfect. contentious nature in which it was passed in the are places there where if i were just drafting a own we would have made those changes back then and certainly as we have been implementing there are some other areas where we think we better.ven so, you know, if in fact one of items on mitch mcconnell's john boehner's agenda is to make responsible changes to the affordable care act to better i'm going to be very open and receptive to ideas. those but what i will remind them is despite all of the contention we now know that the law works. you have got millions of people who have health insurance who d.n.a. sequence havdidn't have . have state hass have expanded -- states that have whonded medicaid to folks did not have it before including republican governors who concluded this is a good deal their state. and despite some of the previous as we have, even people in the affordable care act and given security ofthe health insurance, healthcare inflation has gone down every law passed since the so that we now have the lowest uncrease in healthcare costs in 50 years. saving us about $180 billion in reduced overall to the federal government and the medicare program. so we are i think really proud of the work that has been done, but there is no doubt that there are areas where we can improve it. seeingll look forward to when a list they have of improvements. mandate one ofal the lines you can't cross? >> the individual mandate is a because the cross concept borrowed from massachusetts from a law opponentd by a former understoodtt romney that if you are providing health therance to people through private marketplace then you thatgot to make sure people can't game the system and just wait until they get sick before they try to go and buy health insurance. people't ensure that with preexisting conditions can get health insurance unless you while you are healthy before you need it you have to get insurance. are hardship exemptions. some folks who even with the providedsubsidies still can't afford it but that is a central component of the law. in terms of enrollment, we will do some additional announcements days to come.the starting in the middle of this month, people can sign up again. a number ofe are people who the first time around in parthe sidelines because of our screwups on healthcare.gov. that is one area, ed, by the way, is very particular. sure theally making well befores super the next open enrollment period. trippin triplend checking it. a lot of people who maybe notially thought we are sure how this works, let's wait and see they will have an opportunity now to sign up and has been terrific is to insurersore private have come into the marketplace so that there is greater markets allin more the country. the premiums that have come in that are available to people and the choices that are available better than a lot of people i think had predicted. so the law is working. that doesn't mean it can't be improved. garrett? >> thank you, mr. president. us, allow me miss to humbly suggest we do this every week. >> we might. who knows? i'm having a great time. >> let me go back to immigration. moments before you walked out here, sir, mitch mcconnell said, in fact use if you your executive authority to legalize a certain number of of undocumented workers it would poison the wealth and would be like waving a red flag a bull. of do you not believe that is the considered opinion of the new republican majority in the house and senate? and do you also not believe what they have said in the aftermath last night's results that the verdict rendered by voters should stop you or prevent you this action because it was a sub text in many of the campaigns? i will is can you a couple of specifics. republicans haven't made it a mystery -- write all these down? >> you are familiar with these. keystone xcel pipeline. repeal the medical device tax as part of the mechanism to the affordable care reformingpatriate by the corporate tax code without taxhing the individual code. to use your words are any of those three lines you will not also deal with what you perceive to be republican about immigration? >> i think, major, i answered the with question on immigration. i have no doubt that there will who arerepublicans angered or frustrated by any executive action that i may take. folks, i just have to say, who are also deeply opposed immigration reform. in any form. beingocked the house from bill.o pass a bipartisan i have said before that i johnlly believe that boehner is sincere about wanting to get immigration reform passed. year i held for a off taking any action beyond what we had already done for the so-called dream kids, and did i could to give him space and room to get something done. and what i also said at the time was if, in fact, congress, if congress could not get something done that i would take inther executive actions order to make the system work that anynderstanding bill that they pass will supplant the executive actions that i take. reemphasize this, major. if, in fact, there is a great eagerness on the part of republicans to tackle a broken immigration system, then they every opportunity to do it. my executive actions not only do from passing am -- that superseeds supersupersedes those actions but should be a sure for them to get something ton. i'm prepared to engage them every step of the way with their ideas. we should have further broad-based debate among the american people. as i said before, i do think the the episode with unaccompanied children changed a lot of attitudes. what may also change a lot of attitudes is when the ablic now realizes that was temporary and isolated event and that, in fact, we have fewer illegal immigrants coming in yearsthan we did five awould, 10 years ago or 20 years ago but that what we also have system that is not serving our economy well. so -- >> republicans who say the reelection was a referendum at least in part on your intentions forse executive authority immigration. >> as i said before, i don't want to try to read the tea leaves on election results. what i am going to try to do is presidents to make sure that i'm advancing what i think is for the country. and here is an opportunity where administrativey authorities, executive lawfully try to make improvements on the exiting system, understand -- existing system, understanding that that is not going to fix the entire problem and we are much better and pass ao ahead comprehensive bill. and i hope that the republicans really want to get it passed. they do, they will have a lot of cooperation from me. onlet me just tick off -- in depinthere is an process.ndependent it is moving forward. i have given prime ministerrers parameters inw -- terms of how i think about it. is it going to create jobs and reduce gas prices that have been coming down? going to be on net something that doesn't increase climate change that we have to grapple with? there is a pending case before a nebraska judge about some of the process is moving forward and i will gather up the facts. will note while this debate about canadian oil has been in mind this is canadian oil, this isn't u.s. oil, while the debate has been raging, we have seen that some of the biggest increases in oil production and american natural gas production in our history. are closer to energy independence than we have ever been before or at least as we have been in decades. importing less foreign oil than we produce for the time in a very long time. we have got 100 year supplant of natural gas -- supply of natural gas that if we responsibly tap puts us in the strongest position when it comes industrializedy country around the world. if you -- when i travel to asia europe, their biggest envy is the incredible homegrown u.s. energy production and is producing jobs attracting manufacturing because locating here means you have got lower energy costs. so our energy sector is booming. engage happy to republicans with additional ideas for how we can enhance that. our cleanote that energy production is booming as well. so keystone i just consider as one small aspect of a broader is really positive for the american people. let's see. okay. medical device tax. already, i have answered the question, we are going to take a look at whatever ideas -- let me take a look comprehensively at the ideas that they present. let's give them time to tell me -- i would rather hear it than from you. major, you know, conceivably i just cancel my meeting on friday because i heard everything from you. rather let mitch mcconnell -- i would rather hear mcconnell and john boehner what ideas they would like to pursue and we will have with them onn that. on repatriation i said in my opening remarks there is an opportunity for us to do a tax reform package that is good for business, good for jobs and can financelly infrastructure development here in the united states. the devil is in the details. wally, it is something -- conceptually it is where we may have score lap and i'm interested in pursuing ideas that can put to work right now on roads and bridges and waterways and better air traffic control system if we had one by laysay we could reduce tee 30%,out -- delays by reduce fuel costs and hopefully that would translate into cheaper airline tickets. will is all kinds of work we can do on the infrastructure. this may be one mechanism that republicans are comfortable in financing those kinds of efforts. so that will be part of the discussion that i think we are thenred for on friday and in the weeks to come leading congress.ew whew. major works me, man. acosta? >> thank you, mr. president. i know you don't want to read leaves, but it is a fact that your party rejected you in and large theyy did not want you out on the campaign trail in these key battleground states. you account for that and your aides have said that this is the fourth quarter of your administration. but i don't know if you saw the morning talk shows, but there potentialal candidates for 2016 who were out there already. is the clock ticking? are you running out of time? how much time do you have left? and what do you make of the you are now a lame duck? after theraditionally last mid term of the two-term presidency since i can't run is the label that apply.s here is what i tell my team. week and i this last told them this, this morning. this incredible privilege of being in charge of the most important organization on earth. the u.s. government. military. and everything that we do for the world. be there is a lot of work to done to make government work better. safer. americans to make opportunity available to more people. for us to be able to have a positive influence in every of the globe the way we are doing right now in west africa. and i'm going to squeeze every last little bit of opportunity to help make this world a better place over these last two years. and some of that is going to be administratively. and you know, simple things like how do we make customer service in every agency? are there things that we can do to streamline how our veterans access care? are there better ways that we businesses understand the programs that are available to them to promote their business or exports? whole bunch of stuff to do on that front, and as i going tore, there is be opportunities to work with democrats and republicans on done.l hill to get laws and if you look at the history every president those last two years all kinds of stuff happens. in some cases, of that we couldn't precinct -- stuff that we couldn't predict. pretty thing i'm confident about, jim, is i'm going to be busy for the next two years. the one thing that i want the american people to be confident about is that every will be filling up my time how i canfigure out make their lives better and if i'm doing that at end of moi mysidency i will -- of presidency i will say we played the fourth quarter well and we theed the game well and only difference between i guess politics is that the only score that matters is do, notsomebody else how you did? and that is the score i'm keeping. able to look be back and say are more people working? better?r bank accounts are more kids going to college? is housing improved? financial system more stable? are younger kids getting a better education. do we have greater energy independence? is the environment cleaner? have weedon something about change? have we dealt with an ongoing terrorist threat and bring about stability around the world. and those things, every day i've got an opportunity to make a difference on those fronts. i wouldn't be satisfied as long as i'm meeting somebody who doesn't have a job and wants one. i'm not going to be satisfied as long as there's a kid who writes me a letter and says i got $60,000 worth of debt and i don't know how to pay it back. and the american people aren't satisfied, so i want to do everything i can to deliver for them. >> how about democrats? the fact that they've won in battle ground states [inaudible]? >> listen. i have think as some of you saw when i was out on the campaign trail, i love campaigning. i love talking to ordinary people, i love listens to their stories. i love shaking hands and getting hugs and just seeing the process of democracy and citizenship manifest itself during an election. but i'm also a practical guy and ultimately every candidate out there had to make their own decisions about what they ought would be most help helpful for them, and i want to make sure that i'm respectful of their particular region or state or congressional district. if it was more helpful for them for me to be behind the scenes, i'm happy to do it. i don't have -- i'll let other people analyze that. but what i will emphasize is that one of the nice things about being in the sixth year of your presidency is you've seen a lot of ups and downs and you've gotten more than your fair share of attention. and, i know, i've had the lime light and i've -- there have been times where the request for my appearances were endless. there have been times where politically we were down and it all kind of evens out, which is why what's most important, i think, is keeping your eye on the ball, and that is, are you actually getting some good done. scott orsley, last question. >> thank you, mr. president. you mentioned that where your policies actually were on the ballot, they did better than members of your party, often? does that signal some short coming in your part or on the party's part of flaming this election and demonstrating to the american public what the democratic party stands for? >> you know, i do think that one area where i know we're constantly experimenting and trying to do better is just making sure that people know exactly what it is that we're trying to accomplish and what we have accomplished in clear ways that people can -- that understand how it affects them, and i think the minimum wage, i talked about a lot on the campaign trail, but, you know, 'm not sure it penetrated well enough to make a difference. part of what i also think we've got to look at is that two-thirds of the people who are eligible to vote and just didn't vote. one of the things that i'm very proud of in 2008 and 2012 when i ran for office is we got people involved who hadn't been involved before. we got folks to vote who hadn't voted before, particularly young people, and that was part of the promise and the excitement was if you get involved, if you participate, if you embrace that sense of citizenship, then and not ange, and -- just in an abstract way but they change in concrete ways. somebody gets a job or health care who didn't have it before. or a student can afford to go to college who couldn't afford it before. and sustaining that, especially in midterm elections has proven difficult, sustaining that sense of if you get involved, you know, then -- and if you vote, then there's going to be big change out there. and partly, i think, when they look at washington, they say, nothing's working, it's not making a difference and there's just a constant slough of bad news, -- news coming over the tv screen, then you can understand how folks would get disencouraged. but -- discouraged. but it's my job to figure this the wayest i can and if we are talking about issues isn't working, then i'm going to try some different things. if the way that we're approaching the republicans in congress isn't working, you know, i'm going to try different things, whether it's having a drink mitch mcconnell or letting john boehner beat me again at golf or, you know, what will -- what -- more weekly press conferences. i don't know if that would be effective, but whatever -- whatever i think might make a difference many this, you know, i'm going to be trying out up until my last day inoffs. -- in office. but i'll close with what i said in my opening statement. i am really optimistic about america. i know that runs counter to the current mood. but when you look at the facts, our economy is stronger than just about anybody's, our energy production is better than just bout anybody's, we slashed our deficit by more than half, more people have health insurance, our businesses have the strongest balance sheets that our ve had in decades, young people are just in crediblely talented and gifted. more of them are graduating from high school and going on to college. more women are getting degrees and entering into the work force , and one part of the reason i love campaigning, you travel around the country, folks are just good. they're smart and they're hard working. they're not always paying a lot of attention on washington. sometimes they've given up on washington, but their impulses are not sharply partisan or idea logical. they're really practically good, generous people. so -- and we continue to be a magnet for the best and brightest from all around the world. we have all the best cards relative to every other country on earth. our armed fors, you talk to them -- i had a chance this morning just caught some of the -- our health service that is operating in liberia, and the amount of hope and professionalism that they've brought has galvanized the entire country and has built -- they built a platform effectively for other countries to start coming in and we've seen real progress in fighting the disease in countries that just a month or a month and a half ago was just desperate and had no hope. so all that makes me optimistic. and my job over the next couple of years is to do some practical concrete things as much as possible with congress. if not possible with congress, on my own, to show people why we should be confident and to give people a sense of progress and a sense of hope. that doesn't mean there aren't going to be ongoing nagging problems that are stubborn and can't be solved overnight. probably the biggest one is de spite economic growth, wages have not gone up. that's a long-term trend we've seen for ten, twenty or thirty years. the essence of the american dream is are your kids doing better than you. i think we need to make sure that incomes and wages go up. minimum wage in those five states was a good start, but i think more than anything, what i want to communicate over these next two years is the promise . d possibility of america is just -- this is just an extraordinary country and our democracy is messy and it's diverse and we're big. there's times when you're a politician you're disappointed with election results. but maybe i'm just getting older. i don't know. it doesn't make me mopey. it energizes me because it means that democracy's working and people in america were restless and impatient and we want to get things done and even when things are going good, we want them to do better and that's why this is the greatest country on earth. that's why i'm so privileged to have a chance to be presidents for the next couple of years. all right? thank you, everybody. >> one day after president obama's party suffers a significant setback both on capitol hill and states across the country, the president speaking to reporters for over an hour talking about some of his hopes during the lame duck session. the congress returns to session one week from today. wrapping up a couple of loose ends. on the senate things, republicans pickling up seven seats so far. n the house, 13 seats. while that mystery's been involved he had a news conference this afternoon. sen angus king will continue to caucus with the democrats. there are three senate races that are still outstanding. virginia, louisiana -- that will go to a runoff because neither candidate received 50% of the vote -- and alaska where the race has still not been called. dan sullivan, the republican with 49% of the vote and the 45 me bent mark begich with percent. the begich released a statement that said -- >> and one more note on the house side. you heard president obama being asked about the keystone pipeline. wu69 biggest component was congressman lee terry of nebraska. he has lost his race. he lost to democrat brad ashford and the percentage was 49 to 46 prs. the associated press says democrats have won a u.s. house seat in nebraska for the first time since 1992. representative terry conceded this afternoon to ashford. that's just in from the associated press. we will continue to bring you all of the reaction today from senator mitch mcconnell, from the rnc, the news conference with president obama and other coverage tonight on c-span. one of the events we'll cover will be speaker boehner. he's holding a news conference scheduled for 1:15 eastern. that will be here on c-span and likely c-span radio as well. coming up, we want to show you the half-hour news conference with mitch mcconnell, the republican leader and likely majority leader in the senate from livel. this is about a half an hour. [applause] 6 >> good afternoon, everyone. i'd like to introduce dr. ramsey, the president of university who is here. jim, thank you for joining us today. [applause] and you may recognize these youngsters over here. they're in a scholarship program that worked on with the university over the last 20 years. good to see you. it's the best and brightest program for the students inside kentucky, not nonresidents. ten each year. nd they're here today to witness what we may talk about. let me make a couple of observations. i think the what the voters were saying yesterday was a couple of things. number one, they're obviously not satisfied with the direction of the administration, but at the same time i heard a lot of discussion about dysfunction in washington. i think there are a lot of people who believe that just because you have divided government doesn't mean you don't accomplish anything. earlier today i got a call from the president, also from senator reid and the speaker and ted cruz, too. which i thought you'd be interested in. all of whom i think have the view that we ought to see what areas of agreement there are and see if we can make some progress for the country. i would like to remind people that divided government is not unusual this country. we've had it frequently. i think even more often than not since world war ii when the american people choose divided government, i don't think it means they don't want us to do anything. i think it means they want us to look for areas of agreement. reagan never had the house in eight years. clinton didn't have the house or the senate for six of his eight years. i can think of at least four fairly significant things done. reagan and tip o'neal saved social security for a generation, did the last comprehensive tax reform. we need to do that again. bill clinton and the republicans did well for reform and actually balanced the budget for three years in a row. i think we ought to start with the view that maybe there are some things we can agree on to make progress in the country. from an institutional point of view, the senate needs to be fixed. i made a speech back in january, not widely covered, probably shouldn't have been widely covered, but a lot of people inside the senate paid a lot of attention to it. the senate in 2 last few years basically doesn't do anything. we don't even vote. senator beg itch who bhaveb defeated yesterday had the handicap of trying to explain to the people of alaska why in six years, he hadn't had a roll call on the floor on an amendment. the first thing i need to do is get the senate back to normal. that means working more i don't think we've had any votes on friday in anybody's memory. it means opening 2 senate up so that amendments are permitted on both sides and it means occasionally burning the midnight oil in order to reach a conclusion. i can remember the way we used to get bills finished was for the majority leader to announce on monday we're taking up a particular bill and we were going to finish it, finish it thursday night, friday morning, or saturday, but you have to finish it. it's amazing what happened on midnight thursday. people who were very aggressive on tuesday morning were awfully anxious to leave friday morning and almts would go away and bills would pass. another thing that will sound astonishing to all of you, the committee need to be rellvant again. if you've got both democrats and republicans who are interested n seeing it pass, a bipartisan extinguish wednesdayy for moving forward. for having said that, there are differences. and we will certainly be voting on things as well that we think the administration is not fonled of. they seem to have had no interest, for example, in doing anything serious on the energy front. we haven't had an energy bill in seven years when you say energy these days, people think of the keystone pipeline, but that's only part of it. we need to embrace the energy revolution that's going on in our country, promote it. it's huge livan day juss to america -- hugey ativan day yuss to america. the employment figures connected with keystone are stunning if we would just get going. there's certainly going to be areas of disagreement, but that's not unusual going back to the founding of the country. so where that, let me throw it open and -- >> [inaudible] tell us based on what the message of the voters was, many say they want to see gridlock end. what can we do and can you ensure the gridlock will end under your leadership? >> the senate it was problem, not the senate. the american people have changed the senate. so i think we have an obligation to change the behavior of the senate and to begin to function again. that doesn't guarantee that the president is going to agree with everything we do, but we're going to go back to work and actually pass legislation. i've, by the way, been called by three prominent democrats since last night, prominent democrats. they're anxious to be relevant again. you know, they're ankles for committee work to -- anxious for committee work to be respected. they're anxious to vote on things on the floor. that's the way you get rid of gridlock. it doesn't guarantee you have a presidential signature on everything. presidents do have the right to veto. i think he's vetoed two little bills in the first three years. the last four years, the current majority, he never got anything that he didn't like. that's how you cure gridlock. jeff. >> after all this, how can the american people believe you, believe -- >> they demonstrate it. >> [inaudible]. we have to -- i'm sorry. >> what are a couple of things you think you can wrk with the president on? >> trade agreements. the president and i were just talking about that right before i came over here. most of his party is unenthusiastic about international trade. we think it's good for america. and so i've got a lot of members who believe that international trade agreements are a winner for america. and the president and i discussed that right before i came over here. and i think he's interested in moving forward. i said, accepted us trade agreements. we're anxious to take a look at them. the president's indicated he's interested in doing tax reform. we all know, having the highest corporate tax rate in the industrialized world is a job exporter. all this talk about job exportation, exporting jobs is having the highest corporate tax rate in the industrialized world. he's interested in that issue and we are, too so those are two very significant areas of potential agreement. >> [inaudible] work with you or you believe that he will be [inaudible] by his own party to do it? >> there's only one democrat who counts, the president. let me illustrate the point. when gentlemen biden and i negotiated the fiscal cliff deal in 2012. the thing i thought would be the most important thing for kentucky was a state tax exemption. a lot of people who have family farms and small businesses look like they're worth a lot of money, but they really aren't. if you're lucky enough to have children who want to continue to farm or continue the small business, you can't get it down to them -- you could not in the st because of the estate tax exemption. we could save 99% of the farms in my state from having to be sold. the leader of the democrats in the house made it quite clear to me that if that was in the final deal, house democrats wouldn't vote for it. i thanked her. it was in the final deal and only 15 house democrats voted against it and only three senate democrats. the point i'm making is the democrat who counts is the president of the united states. democrats in congress will support whatever he agrees to do. that was a perfect example of exactly what i'm talking about. so -- and we were very much inclined to support president bush as well. this is not unusual when you have the white house, the most important member of your party is the person in the white house. so we'll see whether we can work with the president. i hope so. that's what he says and we'll find out. david. >> thank you. senator mcconnell, except for a few deals you've worked out, mainly with vice president biden, the president and congress republicans don't have a good track record of working things out. can you talk about how you think a united republican congress possibly will have the ability to send the president a bill or force the veto might altar the dynamic? >> i'm not sure he's going to sign everything, but we're going to function. we are. we're going to pass legislatings , some of it he may not like, but we're going to function. this gridlock and dysfunction can be ended. it can be ended by having a cincinnati actually -- that actually works. >> [inaudible] forced negotiation with the white house might be fruitful as opposed to the way it's been so far? >> well, i mean, the veto pen is a pretty big thing. the president of the united states can deliver the members to vote for a deal he makes or he can beat the legislation. he's important. that's the way it works. >> yesterday senator paul said the senate will be sending bill after bill to the president to ree peel obama care. seems like the president is likely to veto that. what other forms can you use to slow down -- >> it's no secret that every one of my members, thinks that obama care was a huge legislative mistake. it has fouled up the health insurance market, put states in a deep hole in terms of their ability to finance it years from now. if i had the abilities, i'd get rid of it. obviously, it's also true that he's still there. we'll be discussing how to go forward on this issue when we get back. i will say this for sure. there are pieces of it that are deeply, deeply unpopular with the american people. the medical device tax, which is exported enormous number of jobs, the loss of the 40-hour workweek, big, big mistake. that ought to be restored. the individual mandate. people hate it. i think we will be addressing that issue in a variety of different ways. >> senator mcconnell, you're -- as you know -- >> tell us what happened in the -- regardless of what happened in the election, you have a diverse conference including a number of blue state republics who are up for re-election in 2016. should this be a reality check for your base on how far you can go on pushing a conservative agenda in the new congress? >> well, we'll find out. what you state is stating the obvious, that the it takes 60 votes to do a lot of things in the senate. some things we can do with 351 votes. the budget. the president does not sign the budget. that determines how much we're going to spend. i think it's been our power to pass more appropriation bills that fund the government. there is no zhreat i and most of my members think that the bureaucratic strangulation of our economy is a real -- is a huge factor in the slow growth that we've experienced after the deep recession of 2008. so i think it's reasonable to assume that we will use the power of the purse to try to push back against this over active bureaucracy. and of course we have a huge example of that here in this state with the war on coal. not authorized by congress. couldn't get the strotes pass when our friends on the other side own the place. they have huge majorities in the house and senate, they couldn't pass the cap and trade. i think the president is going to try to do that. you can look at those kind of tools through the spending in our governmental system. >> [inaudible]. >> we'll see how we do. ok. >> in the debt sealing fight, afterward you told me that it was a hostage not worth shooting, but it was a hostage worth withholding for ransom. the debt sealing is coming up sometime in the spring, this summer. are we going to have another brinksmanship moment there? >> there will be no government shutdowns and no default on the national debt. let me make clear. >> [inaudible]. >> one thing you've mentioned is immigration. we expect that the president will move forward with some sort of action on -- executive action in this area. what will the republican response be and would you pass a republican immigration plan? >> i think the president in choosing to do things unilaterally on immigration would be a big mistake. it's an issue that most of my embers want to address legislatively, and it's like waving a red flag in front of a bull to say, if you guys don't do what i want, i'm going to do it on my own, and the president's done that on obama care. he's done done it on immigration and threatening to do it again. i hope he won't do that, because well.k it poisons the >> [inaudible]. >> i wouldn't do that to you. >> could you tell us a little bit more about -- >> you obviously have worked with the president for a none of years now. you've had communications with him sometimes cordial, sometimes not so cordial. what do you sense, having talked to him today, about his mood, what he's willing to do. everybody talks about tip o'neal and reagan. that was a wonderful camelot moment with with bipartisan ship. can you achieve that? >> the relationship 50eu6 had with the president was always cordial. there's no penalty problem or anything like that. i think my attitude about this at this point is trust but verify leafments see. the american people -- let's see. the american people have spoken. they've given us divided government. the question for both the president and the speaker and myself and the members is what are you going to do with it. i've said i want to first look for i want to work on some areas we agree on. >> you promise there were not big government shutdown. >> he will not be shutting down the government or defaulting on the national debt. >> do have any concerns about those numbers that might want to run for president, like to step outside of your leadership. how will you handle them? i know a lot of people that want to run for president. the bestll them all is day you have will be the day before you announce. short of being in combat and being shot at, there isn't anything harder than running for president unless it is running for reelection. i have no problems with people's in aions, i am serving body with a bunch of class presidents. they are all ambitious or they would not be where they are. a lot of folks with sharp elbows and big elbows. troubled by ambition and i think we can accommodate that and still make progress for the country. codes even if it goes against your goals? >> you are asking me a. >> it has been rejected that the republican senate would ring this to a grinding halt. how do you expect to handle the president's combination, many very important one still lingering. what are your thoughts are rolling back the nuclear option? >> to a job the second issue. >> that is something we ought to address. address.a bi thatost important thing the majority leader decided to do which was to break the senate to change the rules of the senate. the parliamentarian has said you cannot do that. huge mistake in my view , it is hard to unring a bell, they have now established a precedent. a biga big issue and discussion that we will have in the coming months. >> he is calling to congratulate me on my election and was impressed with the margin. i was pretty happy about it myself. we had a good friendly conversation. do you believe that it will be more difficult for you to have a responsible government? let's we have a whole bunch of people in the 54 member senate. >> it was a very cordial conversation, i appreciated the call. >> he called to congratulate me on my election. he's a pretty independent guy. i think he will announce what he will do. >> he said twice that it would not be default but would you insist on because that correspond with any debt ceiling increase the way that john boehner? >> we have the opportunity now to pass a budget, which has to do with how you will spend. you have other mechanisms that were unavailable to us with the previous configuration of government. i think that that is a pretty important tool. your phonetalk about call with harry reid, you have had the most acrimonious relationship. you said, the open acrimonious relationship with any two leaders. >> we have had some spirited debates about the way the places being run. but, we don't have an acrimonious relationship personally. what was your conversation -- ?hat was your question > your conversation like? >> called actually to complement skilled campaign we ran. he obviously paid very close attention to it. that seems to be the new paradigm since daschle was defeated, you get a presidential level campaign if you are leader of the senate. harry followed it very closely. on a campaignd me well run. you return the favor to him in 2016? >> i did not get involved the last time he was up and i don't tend to be involved this time. >> and you talk about what your objectives will be as the senate majority leader? >> well, the immediate concern is,he health there obviously the ebola crisis. with regard to the authorization to help the syrian rebels him as you know, we insisted terminating at the end of this .ear that is one of the things that the president mentioned today that will be on the agenda friday. >> we have to finish this year's session first. i think the media discussion we will be having is what should we try to wrap up during the lame-duck. there are number of things that we will beut off talking about whether to do a tax extender package. there are number of things that have sort of stacked up and i think i've said it before, i will say it again. the senate hadn't been doing anything. there is a whole lot of unfinished business sitting there. some of which, it might be advantageous to get out of the way. democrats may want to do it, we may want to do it, in order to clear off some of the necessary work that has been undone in a this functional senate. -- in a dysfunctional senate. the banking committee is certainly will be taking a look at dodd frank. have called the obamacare for banks. the big guys are doing just fine , the committee bankers are struggling. committee the banking will look at how much damage it little guys that had nothing to do with the banking meltdown. >> you are surprised that president obama did not shift more towards the center. does he have a responsibility to do that now and e.g. communicate with him in the phone call? >> you cannot really do anything without a presidential signature. several of you have mentioned it. the veto pen is a pretty powerful tool and i think both reagan and clinton are good examples of accepting the government you have rather than fantasizing about the government you wish you had. in other words, they don't but they had. reagan never had the house. president has got a choice, because of the strength of the veto pen, he could stay on the current course he is on. telling any effort we make to push back against what he's doing and having the people that work for him do his bidding say, let's see if there are some areas of agreement. i have mentioned a couple that i think are pretty big and important issues that i think we have potential areas of agreement. trade and tax reform. we will see. >> are you ready to meet him there? how would you prevent members from yanking you back? >> i am pretty familiar with our conference including the new members coming in. don'tst majority of them feel that they were sent to washington to just fight all the time. as i've said repeatedly here, avided government is not reason to do nothing. in fact, it has been pretty productive. i think the vast majority of my members would rather make progress on things that they think the country needs to be dealt with them not. but, in our system, the president is the most important the obviousse of constitutional advantage he has and it would require his complicity to do that. and he has been protected from having to do that the last four years by the dysfunctional senate which doesn't pass anything, doesn't send him anything that he doesn't like. now, he will have a congress that will be more challenging for him but the choice is really his. i'm hoping that he will decide to move to the center. >> ted cruz declined whether he would say he would support you for majority leader. did he pledges support to you? >> let me make a prediction for tomorrow, ifrom will be elected majority of the senate. tanks, everyone. thanks, everyone. [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org] [captions copyright national cable satellite corp. 2014] the three outstanding senate races is in virginia where there reports of voting machines malfunctioning. this caused issues for voters in precincts in virginia. the republican party of virginia wrote a letter to the department of elections on tuesday stating that there were problems with some of the electronic voting touchscreens in at least four different districts. louisiana, and alaska. senate races to be determined. at noon eastern today, the republican national committee and othere priebus campaign committee chairs. greg walden and the senatorial committee chair reached reporters on the gop when yesterday. big nightght was a for republicans and this is a great day for the country. i want to start by saying thank you, thank you to the voters for putting your trust in the republican party. a key to our volunteers and supporters that made last night possible. thank you to our incredible staff here in washington, d.c. and across the country including our data team who were spot on last night. we had a decisive win in the senate, it was a clear defeat for harry reid's dysfunctional leadership. his refusal to allow votes in the senate in order to protect incumbents backfired and actually insured their defeat. next month, we're going to add to our majority when we win louisiana. in the senate, it was a night of important first. joni ernst becomes the first female combat veteran in the senate and the first woman in congress from iowa. tom cotton will be the youngest , shelley the senate moore capital will be the first woman elected to the senate from west virginia. tim scott the comes the first african-american elected to both the house and senate. in the house, we don't know how big the majority will be but it will be a majority bigger than most of us have seen in our lifetimes. we are proud to see me a love when in utah, will love in texas. and in new york, the youngest woman ever elected to congress. those let greg talk about games that are unbelievable historic. americans affirmed their leadership of republican governors. in the bluest of blue states, they rejected democrats in maryland, massachusetts him and in illinois. even the president's home state where he campaigned vigorously elected a republican. that is how big this victory really is. finally, the state house, republicans captured many of the state legislative chambers including the nevada senate and the assembly, the west virginia house, the minnesota house, the new mexico house, the colorado senate, and the new hampshire house. we have the largest number of republican chambers seats held in history, so it was a historic night. about a direct .ejection of the obama agenda as all of you know, president obama said clearly that his policies were on the ballot and voters were very clear in return. they want nothing to do with the policies of barack obama and hillary clinton. these were the president's candidates. and they lost. remember hillary clinton? the crimes lost by over 15 points. hillary cannot even say the democrat in the massachusetts governor's race. we won in red states, we one in blue states, we one in purple states. we want because our policies resonated with the electorate, our ground game mobilize voters, and al qaeda is connected with the american people. and our candidates connected with the american people. decision to to to prioritize low propensity voters. we one with our new strategy and we need the other side at their own game. i want to congratulate all of our candidates and our partners up here with me today. senator moran who did an unbelievably great job with the mrsc. boyd rutherford in the maryland the tenant race. >> it was a historic night for the republican party and i will talk about how historic it was at the state level. it was actually a reaffirmation. they are implemented at the state level. had announcedhat that this morning that atublicans at an all-time the state level, both in the number of chambers and the number of seats that we control going into more detail right away. voters across the country, blue states and red states, purple states spoke very clearly that they want the policies that republicans are implemented across the board. this has one hand to do it the policies that they are implementing and the candidates espousing those policies. we made a special effort to recruit and get elected more diverse and female candidates across the country and we also broke some ceilings there. before last night, the old-time republican high was 64 chambers and that was back in 1920. now, republicans will hold a across theity country, somewhere between 67-69 chambers, the numbers are still pouring in so we will have more details later on. we appear to be on track to eclipse an all republican high of 4001 republican state legislative seats held back in 1928. actually in nevada senate, the nevada assembly, west virginia house, minnesota house, colorado senate, new mexico house, new hampshire house, and we are ahead in the race for the main senate and the colorado house which both are too close to call. the west virginia senate, we have's live control of 17 each. majorities in states like california, maryland. formede newly initiative, we had tremendous success last night. i would also like to talk about the fact and i want to commend our chairman, the other two chairs for the work they did. we are winning across the country also at the state level and we are asked bending the map to victory in more than one way in years to come. by expanding our majority in all competitive great lakes states, that whole 64 electoral votes, if you add that to the 2012 -- we states that he was did extremely well out in the west. i would like to add one more thing. we are electing a fully diverse group of candidates. they identified and helped 244 new diverse candidates across .he country some of these candidates actually have made a difference. in west virginia, the west virginia house. -- in the colorado senate. kerry lewis in the pennsylvania house. in thea seaman and virginia house. -- in the new york senate. and becky harris and the nevada senate. to andfornia, -- help did the senate super majority democrats had. least 12s elected at governors andle secretary of state. that will include john sanchez, boyd rutherford, and diana durham. we elected the only african-american the tenant of and are from either party. they were favored by voters to great job, get america growing and moving ahead again. more choice in education, more opportunities for everyone. >> a great night and a great tie. we ran a ducks offense at the house. what you heard my colleagues talk about is how the republican party is back, we are back with youth, we are back with adversity, we are back with women and we have a long way to go, but we have made great gains. if you look at the house races versus the senate, we were predominately in blue territory. these were believed districts we were competing in and we won. we had good talented candidates at the republicans in those districts nominated. barack obama's agenda was on the ballot, it was a referendum, it is a storage in its nature. we are as big as a majority as any of us have seen. as i stand before you, we have race not counted martha -- yet. she is up 37 votes or something. we think that she will likely votes this time and become the first combat fighter pilot toan in american history and also become a member of congress. california, we think doug ose he will win that seat and add to the number we have on the board right now and there are a couple of other seats in play in california that are too close to call. it was a huge night. we also know we have to get to work doing the governing peace. our party will be measured by how we govern and that is what americans have elected us to do and we are eager to get to that work. i will handed over to my colleague jerry grant. >> thank you very much, congratulations on your success. mr. chairman, thank you for the success that we all had come especially for the health that you provided all of us as we went into the 2014 election. we recruited and encouraged great candidates to one. those candidates did run. we educated and trained them in their efforts to succeed and they succeeded. there is a clear message to republicans in the future of who our candidates are matter and they need to be people who are capable of appealing to the voters in the state in which they are seeking to represent. so encouraged by what has transpired so far, we actually a way to the outcome of alaska but it appears very clear that there will be a new republican senator from that state and i would tell you that we spent the morning gearing up for the runoff to occur in louisiana on december the sixth. we will take nothing for granted in louisiana and it will be front and center for the and rsc as we engage now for a little bit less than the next month. i think when it comes to governing, we are already at work and have been for months as republican senators have in the conversation that if the american people trust us one more time to be a majority, what would that mean? the messages that i take from last night election as far as senate races is really twofold. one is that the president, as he indicated, his policies are on the voters minds, they were given the opportunity to confirm, to ratify those policies or to reject them and there is a clear message that in many instances those policies are not popular with the american people. what this says to me when people say are you willing to reach out and find common ground, we certainly are but means the president, he has now seen the popularity of his programs is not there and therefore it is incumbent upon the president of the united states to work with members of congress to find a different solution to the problems and challenges our country faces. secondly and equally important in my view is the message that voters sent, we are so tired of the inability of the u.s. senate to function. there will be debate that happens. they had the ability to argue and debate. think what americans see from the senate, i've been a member of the senate. made by the was leader. he told me my first conversation with senator reid that i needed to understand that we weren't going to do anything, we are not going to do anything until after the next election. the problem with that is that .fter the next election there is a second clear message that we american people reject that kind of leadership that says we are not going to do anything. it is now incumbent upon us as republican senators in the majority to demonstrate that we have the capability of working together as republicans but also working together with our democratic colleagues to find solutions to the country's problems. it is important for us to do that politically, for the 2016 elections including the next set of senate elections. it's important for us to do that in the 2016 presidential race. much more poorly than the politics of 2016, it is important for the united states senate to function for the benefit of the american people, and i look forward to working with all of my colleagues to accomplish that. our candidates, that we brag about so much, there is not a candidate who ran last night who wants to come here and do nothing.
>> there's a darkness that's ate work here. >> you believe nick hillary yob killed your boy?lled y >> yes. >> people call me a murderer. pl i'm 100% innocent. >> you could have heard a pin c drop in that courtroom. ♪ >> reporter: potsdam. way upstate new york. a small speck on the map on the road to the canadian border. >> that they like to joke up there that there's more cows than people, and i don't think o they're joking. >> reporter: in this sleepy place, with a main street from the 1950s, you'd think nothing happens that could possibly interest the outside world.tere but an epic story has unfolded e here. a murder case for sure, but so much more than that. it's a little bit "fargo."'s a >> it is a little bit "fargo." >> jesse mckinley, a reporter for the "new york times," was drawn to it.dr >> it's got a small town. it's got love triangles. it's got fated love. and those elements for a writer are irresistible. >> reporter: the woman in the middle of it all, tandy cyrus. >> a very pretty woman in a tow where pretty women stand out.err >> reporter: one of her lovers stood out too, nick hillary, asu a black man in a predominantly white town. >> you still have people who ous will not accept interracial ll t relationship.lation >> reporter: what happened between tandy and nick would tia the balance in a political campaign, give rise to a controversial lawsuit, and lure high-profile, big city attorneys to confront each other in a murder trial that attracted national attention. >> this has become a story thata kind of echoes beyond st.nd o lawrence county, and even beyond new york. >> reporter: except, when you drill down, it's as local as ito gets, all about a small-town boy. this one. 12-year-old garrett phillips, e- tandy's son. garrett was a blur of a kid, perpetually set on fast-forwarda according to his mom. >> he was very energetic. he wa always on the go. always had to have something to do. >> reporter: people here orte remember him tearing around town on his ripstick, a little bit ir skateboard, a little bit snowboard, all hip action and or balance.lance. there goes garrett sidewalk-surfing his way home ik 2011. did you think, "wow, my kid is really an awesome little athlete"?hlete" >> yes. soccer, lacrosse, football, er, hockey. he was very good at everything. >> reporter: his bedroom wall -- a poster shrine to his sports heroes, including new england patriots quarterback tom brady. >> he's never really inside. wasn't much for video games. >> reporter: so it's got to be pitch black before he's ready to come in for the night? >> yes.tepi >> reporter: but when he was rp still a toddler, garrett was dealt a devastating blow. the death of his father, robbie. >> garrett was nine months old when his dad had a brain aneurysm that ruptured.eurysm and then he was 2 when robbie passed away. >> reporter: tandy, a single rp mom, picked up the pieces as pc best she could. she studied at the police academy but eventually gave up law enforcement for a job in a credit union, where she became a loan officer. she also had a brief marriage, which gave garrett a kid ich ga brother, aaron.her, did garrett like to mess with dr him? >> all the time.ll t >> reporter: he liked to play er jokes a little bit, didn't he?s >> yes.es april fools was his favorite da of the year. >> reporter: then tandy moved in with a sheriff's deputy named john jones but it didn't last. how did the breakup go? >> not well.hn j at one point she said that john shoved her during an argument, and that that was the last straw in that relationship. >> reporter: so in 2010 tandy was alone again, making ends meet by moonlighting as a bartender in a joint on potsdam's main drag. that's when nick hillary walked in and pulled up a stool. so he's just a customer who comes in? >> yes. he's he came in on evenings after hem was done work and coaching. >> reporter: they came from different worlds. she was local, the frozen north. he was from lush jamaica. what's a happy memory from jamaica for you, nick? >> going to the rivers. goi just swimming all day. coming back home. mom has a great home-cooked mea waiting for you. i mean, you -- that's a an, fantastic day. >> reporter: he moved to brooklyn as a teenager and founn his niche as a soccer star, s ni earning a scholarship to nyu. but the kid from jamaica was still searching, so he ditched school for the army, just as the first gulf war was winding down. >> i said, "let me serve a greater purpose for a while."gre >> reporter: three years in the army, all stateside, forced nick to grow up, and now he was ready for college. soccer was his ticket to st.er w lawrence university near the wrn canadian border. here's a jamaican guy used to swim all day in the rivers and a you're going to be in fields of snow for six months a year? >> exactly. exactly. you know, but in the summertimew it brings me back, right back to jamaica again. >> reporter: weirdly, had you found something in upstate new o york that worked out very well for you, a good fit? >> yeah.rk tha yeah. it sure was. >> reporter: he felt most epor comfortable on the soccer field, where his respectful teammates i gave him a nickname. him >> nick was the general. he was a leader.as a the general. >> reporter: so that was a tip r of the hat both to his career as a vet -- a >> yeah, absolutely. yeah, >> reporter: but also his traits as a person. as >> yeah, his leadership traits , for sure.r su i mean it fit him to a tee. >> reporter: in 1999 nick led st. lawrence to an undefeated .r season and a national on a championship, cementing bonds oh friendship that remain tight ndh today. >> just great person on and off the field. a great role model.eat >> yeah, he was our brother.eah, he was our big brother. was >> reporter: he was the glue that kept us all together.that k he brought us together. he arranged dinners at his house.house. he cooked for the whole team. >> is that the rasta pasta nights? i >> the rasta pasta.s thhe r absolutely.lute i mean, it was a staple of who n we were as a group. >> reporter: after the championship season and graduation, nick kept leading.ai he became a coach and, in 2009, landed a plum job, head soccer coach at clarkson, just minutes from his alma mater. life was good. it got even better when nick, a father of three who'd drifted from his kids' mother, met tands at that bar. him drinking guinness and diagramming plays on a cocktaila napkin.pkin what do you think the attractio was, tandy? >> conversation was just -- it e was easy. >> the one thing that i liked about tandy, she had goals and ambition. >> reporter: things between the two heated up quickly, as theset e-mails attest.ils from nick, "i miss you millions. have a great work day." a g from tandy, "i can't wait to get home to you. i ly."ly." i love you. they were sharing a house, blending families, and going on vacations as a couple. nick took her to jamaica. but as they say in the islands, it wasn't a cool breeze being an interracial couple in potsdam, c which is over 90% white. and, he said, it was particularly hard on garrett, rl tandy's boy. >> garrett was being teased at school because his mom is dating a black man. >> reporter: so he's getting rr schoolyard aggravation, huh? >> exactly. >> reporter: but whatever tensions garrett was feeling, io didn't keep him from his sports. they were always a welcome distraction. even on the fateful afternoon of october 24th, 2011. >> he was playing basketball e a with his friends in the gym. but i had got upset with him i because he knew the rule was he had to go home and do his homework first. >> reporter: do your homework and then go play with your palsk >> right.an>> rig so i made him go home. >> reporter: garrett blasted home on his ripstick on what seemed like a nothing-special, rain-dreary monday in potsdam, d where community safety was a given.give so no worries he'd be home first, home alone.t, h what could possibly go wrong? as it turned out, a lot. >> potsdam police. >> reporter: a little after 5:00 p.m., a neighbor called police. >> hi. i live in an apartment house and the folks next to us, i thought i heard screaming like "no" and "help" a couple of times.elp" a so i knocked on their door, and i heard the lock click. >> reporter: coming up -- what had happened in that apartment?p >> they get the key. they they open the door.ey ope and they go inside.they >> potsdam rescue.otsd need an ambulance. an >> someone had been in my som apartment. >> i had no idea what had happened.apppen >> reporter: when "dateline" epr continues. valspar signature holds up to common stains and cleans up easy. discover what's possible at lowe's. we waste up to 20 gallons of water every time we pre-rinse let's skip the rinse. new finish quantum with activeblu technology, designed to clean without pre-rinsing. switch to finish and skip the rinse to save water. ♪ >> reporter: that october monday in 2011, garrett phillips was supposed to be the first one home to his second-floor apartment at 100 market street. he apparently arrived just before 5:00 pm. >> it's on a very busy street. market street is basically the -- >> reporter: right off the main drag. >> right, it is the main drag. it's a kind of rundown apartment building. >> reporter: sean hall and marissa vogel, engaged then and now married, didn't know tandy cyrus or her sons, but they were very familiar with the boys-will-be-boys activities across the hall. >> you could hear running or roughhousing sometimes, or something rolling down the hallway like a skateboard. >> reporter: but that afternoon, as sean and marissa were watching the drama "dexter" on tv, the sounds coming from next door were different, scary different. >> i heard a loud crash, and after that it was silence for a few seconds, and then in a low voice i heard what sounded like moaning, "help," "ow," or "no." >> at that moment i didn't think it was two little boys roughhousing anymore. it felt more dangerous. it felt wrong. >> reporter: concerned, marissa walked down the hallway and listened in. >> i knocked on the door and waited a moment, and then i definitely heard a click, like a lock. i had the feeling that there was somebody on the other side of that door. >> reporter: she called potsdam pd. >> i live in 3a, and they live across the hall. it just made me a little nervous that i thought i heard yelling and then i knocked to see if they're okay and then it was silent. i'm sorry if it's not anything. it was a weird situation that it makes me uncomfortable. >> okay. i'll have somebody check on it. >> reporter: a patrol officer arrived at the second-floor apartment around 5:15 pm. no one answered his knock, so he waited for the building manager to bring a key. >> the patrolman hears what he thinks is footsteps moving inside. >> reporter: inside? >> inside the apartment. and then they get the key. they open the door. and they go inside. >> reporter: everything appeared to be in order. the living room was tidy, garrett's stuff all in place. ripstick propped against a wall. backpack in the corner. >> they walk to the back. they turn the corner there, and then they find garrett. he's lying there. they think at first he's sleeping. perhaps he's fallen. perhaps he's knocked himself out. but at that point he's pretty much in physical distress. >> potsdam rescue. need an ambulance to respond to 100 market street, apartment 4 and expedite. patrol on scene beginning cpr. >> reporter: the patrol officer called in the distressing details. >> unresponsive male. no pulse. the mother is tandy cyrus. >> isn't she john jones' ex-girlfriend? >> reporter: jones was a sheriff's deputy, so police knew tandy and tracked her down. she raced to the canton-potsdam hospital. >> and garrett's in a very bad way in the hospital. >> yes. >> reporter: what has happened? is there any information about this? >> when i got there, the doctor told me that he was in full cardiac arrest when they brought him in. but i had no idea what had happened. and couldn't understand how my 12-year-old had a heart attack. >> reporter: did you think at first that maybe this had something to do with his dad's problem? maybe there was something genetic, aneurysm or something that had happened to him? >> i honestly was in shock. and couldn't wrap my head around anything. >> reporter: and i don't really want to take you back there. but you're there when he finally gives up? >> yes. >> reporter: they can't bring him back. >> no. >> reporter: how awful for you. garrett phillips, unstoppable in life, was dead at age 12. what happens in the next few hours, tandy? >> it was kind of a blur. we were at the hospital for a while. we got sent home. and i slept in aaron's room with him. >> reporter: at the hospital tandy had been joined by some of the men in her life, her ex-husband casey collins and john jones, the sheriff's deputy. but no one notified nick hillary. turns out, he and tandy had split up the month before and he was no longer in her loop. so lieutenant mark murray of the potsdam pd called nick. >> mr. hillary speaking. >> it's mark murray of the potsdam police department. we had an incident occur this evening and we'd like to speak with you in regards to it. >> reporter: minutes later, lt. murray and two other investigators were at nick's door, a courtesy notification, they said. >> it's, "we're gonna reach out to all the people who are connected to this kid. what do they know? do they know anything about where he was or who he might have been with?" >> reporter: attorney tom mortati represents the potsdam police. >> so mr. hillary, we have some bad news for you. >> yes. you know, mr. hillary expresses shock, "i can't believe this," "oh my goodness," puts his hands on his head. >> reporter: nick hillary says he remembers the moment well. >> i'm still broken up over the situation. he has lived with me. how could i not be affected by what has happened to garrett? >> reporter: nick wasn't dating tandy anymore and he told police he hadn't been in her apartment since she moved in two months earlier. the officers didn't stay long. an autopsy was scheduled for the next day, but police didn't wait for the results to reveal their suspicions to tandy. >> reporter: when was it that you started to get this awful news that there might be foul play? >> the next morning. >> reporter: how'd that happen? >> we'd gone down to the police station. and that's when they had made a comment that someone had been in my apartment. >> reporter: somehow, garrett's made it home and there's somebody there or follows him or something happens and he's attacked. >> yes. >> reporter: is it now a homicide investigation? >> yes. >> coming up -- >> this is a crime that does not happen in a place like this. >> a small town in fear. >> is there a break-in maniac out there? >> yeah, someone who is going to kill again? >> an urgent hunt for suspects begins. >> who are the people connected to his life? >> tandy's partners and husbands? >> absolutely. >> when "dateline" continues. try new align digestive de-stress. it combines align's probiotic with ashwagandha to help soothe occasional digestive upsets, plus stress that can make them worse. align digestive de-stress. from the pros in digestive health. chances are you have some qhere are a couple answers... lysol disinfectant spray and disinfecting wipes together can be used on over 100 surfaces. and kill up to 99.9% of viruses and bacteria. unfortunately, we can't answer every question you have right now. lysol. what it takes to protect. >> reporter: october 2011. halloween was less than a week away, but the good folks of potsdam, young and old, were learning that a monster had arrived early. a child killer was in their midst. >> can you tell me if it was an adult that hurt him or -- >> we don't -- >> or children? you don't know? >> we don't know. it's still under investigation. >> reporter: news this bad traveled fast in a town where so many people knew the emts, the nurses and docs at the hospital, the cops. lieutenant mark murray is a life-long potsdam resident. >> at the hospital someone said he looked like he had been beat up. or he had -- he had injuries on his body. >> the boy had a rug burn on his knee. what's that tell you? >> the injuries on the knees indicated, along with other injuries, that there was a significant struggle. it was a violent struggle. this boy fought for his life. >> what do you think it is? like a choke hold? or hands -- fingers around the neck, or what? >> it's a combination of being sat upon and -- and smothered and asphyxiated. so it was a long process. it wasn't an instant death. >> reporter: a chilling headline summed it up -- "boy's death is ruled a homicide: police tell family 12-year-old garrett phillips was strangled; no suspects listed." >> from every indication this was a very tense scene. this is a crime that does not happen in a place like this. >> is there a break-in maniac out there? >> yeah. >> an intruder who kills children? >> absolutely. is there someone who is going to kill again, god forbid? >> reporter: in the vacuum of hard information, rumor took flight. >> is it true about some guy riding around on a bicycle molesting children? >> that one i haven't heard. hang on, though. >> reporter: but in the fog, a story that was gaining traction early on, an unsubstantiated report that garrett had been killed by one or more kids. attorney for the potsdam police, tom mortati. >> who was he with recently? did he have any issues with other kids? you know, who was he playing with that afternoon? >> reporter: calls continued coming in to the police hotline, townspeople begging for reassurance. from a school principal -- >> we're meeting with our staff right now. the news said that our student had died last night, was possibly beaten to death by another youth. >> reporter: back at the crime scene, police were beginning to pick up clues that suggested another possibility -- that the killer had to be an adult. >> the police kind of descend en masse and one of the things they see is that in a back bedroom there's a window that apparently has been pushed outward. the screen is ajar. >> so whoever's in there has to leave. and there's only one way out. and that's the second-story window. there's no fire escape. you're kind of up off the ground. >> reporter: the developing theory was that when a cop knocked at the door that window became the killer's only exit. police surmised that only a fit adult, not a kid, could make such a dangerous leap. >> there's kind of a shed structure beneath the window. >> yeah, about ten feet down. not an easy jump. >> reporter: a cracked tile was a big clue that the killer ricocheted off the shed on his way down to the ground, where police picked up another clue. >> they find a skid, kind of a gash in the -- in the grass below. and keep in mind it was a little bit muddy down there. >> so this is describing whoever the intruder was's exit from the property. >> yeah. what -- basically what they're arguing is that he jumped out of the window down to the shed, off the shed into the grass, and ran off. >> reporter: police wondered if the killer had injured himself on the way down, possibly limping away from the crime scene. but no one reported seeing someone flee. so police combed the area looking for fingerprints, shoeprints, dna. evidence was collected and sent to the crime lab. meanwhile, investigators began talking to those who knew garrett best. >> who were the people connected to his life? >> so tandy's partners and husbands. >> absolutely. yep. >> reporter: the list included ex-husband casey collins, former boyfriend john jones, and her most recent ex-lover, nick hillary. collins and jones had been with tandy at the hospital, and they even sat next to her during her interview at the potsdam p.d. the next morning. john jones is to tandy's left, holding her hand. casey collins was quickly eliminated as a suspect, because he had a solid alibi that placed him nowhere near garrett's apartment at 5:00 p.m. on october 24th. but john jones, the local sheriff's deputy, got a deeper look. >> so it's early hours, but something might be going on with john jones. you just don't know what it is, huh? >> potentially, yes. >> reporter: he told police he got home about 5:00, and he lives just two blocks from garrett's apartment. police say this is jones on a very grainy security video, across the street from where garrett passed on his skate ride home. in a police interview room, jones was asked to roll up his shirt and pants to check for possible wounds and a leg injury. meanwhile, tandy was talking to police, and she had some thoughts. strong thoughts. coming up -- >> they had asked if there was anybody i could think of that would want to hurt garrett, and there was only one person that came to mind. >> the chief of police there in potsdam indicated to another investigator that they had a pretty hot suspect and that they were lining up whatever evidence they could to try to make an arrest. >> when "dateline" continues. es it's not just fund fees that matter. fund taxes matter too. every time a fund manager sells a stock it triggers a tax liability for you. and the higher the turnover the more you have to pay in taxes every year. and here's the worst part, because of high turnover, you actually might have to pay taxes even if the fund itself loses money. that's why you want to own low turnover funds whenever possible. the less you pay in fund fees, the less you pay in taxes, the more wealth you can accumulate... i'm frances rivera with the hour's top stories. coronavirus cases spiked. for the fourth day in a row, florida reported 10,000 new cases. this record comes as the state surpassed 200,000 new cases today. nhl commissioner said the league and players have announced rules for protocol. if fully approved, the nhl season could resume by late july. now back to "dateline." >> reporter: tandy cyrus had lost her 12-year-old son. now she had to pull herself together to talk to the potsdam police. >> did they ask you who could possibly have something in for little garrett? >> yes. >> what'd you say? >> nick. >> reporter: nick hillary, the soccer coach, her most recent ex-boyfriend. >> there seems to be some discussion, who would want to harm garrett. and the name nick is raised. early on, it sounds like. >> the name nick was raised almost instantaneously, from -- from most indications. and whether or not that was justified or not, of course, is at the heart of the case. >> reporter: the videotape of tandy's interview with police is difficult to hear. but when she talked to "dateline," she described a different side of "the general," the nickname adoring teammates gave nick in his glory days. she came to believe it reflected a more controlling nature, and that's what she was telling the cops. >> he was very regimented. everything. his day started and ended with his planner. >> like 9:30 tomorrow morning i'm going to be doing thus and such and at 11:00 i'm going to be doing this? >> yes. very structured. >> did he bring that into your life and into the family? >> he tried. >> he tried. >> it wasn't well received. >> reporter: especially not by garrett, a spontaneous, ants-in-the-pants kid. but according to tandy, nick was increasingly acting the drill instructor with both the boy and his mother. >> if i didn't get garrett under control or get him on a more strict schedule, then when he got older i wasn't gonna be able to control him. he was all about control. >> was that too much? was he asking you too much? >> very much so. that's not how i am. that's not how my kids were. and he wanted them to change. >> reporter: tandy said nick's inflexibility brought it all crashing down. she said garrett had told her about one incident with one of nick's children. >> there was kind of an argument between garrett and his daughter that turned into an argument between the two of us. he took his daughter's side and obviously i took garrett's side. and i chose my son. >> reporter: as tensions escalated, and with nick out of town, tandy had a heart-to-heart with garrett. he didn't hold back. >> he didn't like being in the same house with nick and his kids. and he just -- he wasn't happy. >> reporter: that was it. tandy told nick she was moving out. then, according to tandy, it was nick's turn to be unhappy. >> there was an argument. he told me that i was letting garrett make my decisions for me. and he was standing in front of the doorway blocking me. and he picked me up and carried me away from the door. and wouldn't let me leave. >> was that a scary moment? >> it was. >> was that a side of nick you hadn't seen to that point? >> yes. he ended up putting me down. and he just -- he put his hands up and stepped back. and i left. >> reporter: tandy says soon after that incident occurred she and her two boys moved into that second-floor apartment at 100 market street, and nick helped them move. >> we'd ended up having a couple different conversations. you know, trying to make it work. but living in separate households. and i had talked to garrett. and he said he was okay with it. he just didn't want to live in the same house with him. >> reporter: but according to tandy, nick wasn't okay with the new living arrangements. >> he showed up at my apartment in the middle of the night. >> middle of the night? >> uh-huh. >> while you're asleep, and then -- >> yes. because he had a key. >> where is he? you're -- you're -- you're in the bed -- >> i woke up and he was standing in my bedroom. >> reporter: that was it, the final straw in what tandy saw as nick's scary transformation. >> i was angry. so i told him that. that made me want my key back. i didn't want him to have a key anymore. >> when you give a girlfriend a key back, that's really the end of it. that's -- >> right. >> reporter: over and out. it was september. garrett had one month to live. the unwelcome drop-in, as well as tandy's other stories about nick made police suspicious. but what to make of her account? >> she tells a story about looking up from her bed in the middle of the night, midnight or later, and there's nick. >> that's what she says. that is not a substantiated account. that is her -- her saying that this happened. >> reporter: investigators started knocking on doors all over potsdam to get the lowdown on nick. tandy's side didn't pull any punches. attorney for the potsdam p.d., tom mortati -- >> family, friends, relatives. they all immediately thought, "well, there's only one person that we can think of that might do something to garrett," and that was nick hillary. >> that he has reason to have a grudge against garrett, what, for breaking up this relationship? >> essentially, yeah. >> still wants to be with the mom? >> yep. >> reporter: tandy's parents gave statements to police. her mother wrote -- "he kept telling me it was tandy's fault they broke up" and that "garrett was a factor." >> nick had gone to her parents to basically lobby them to "help -- help me get back in tandy's good graces. i'm good for garrett. i'm good for her." you know, help them see the light. >> reporter: as investigators continued targeting nick, they say they still had the other ex-boyfriend, fellow cop john jones, on their radar. >> he provided a dna swab, fingerprints, let us photograph his shirt up and his pants up, and -- pretty much, "whatever you need me to do, i'll do it." >> reporter: besides his eagerness to cooperate, police say his timeline -- with corroborating security video -- checked out. he's seen walking his dog around 5:13, about the time the officer arrived at garrett's apartment. >> i'm sorry, but nobody goes over to somebody's house to strangle somebody with their dog and then jumps out the window with their dog. >> reporter: so police dropped jones as a suspect. and even though tandy had had a bad break-up with jones, she told police garrett and jones were very close. >> what about john jones? >> absolutely not. >> wasn't possible? >> no. >> reporter: for tandy, it always was nick, and only nick, in the frame for the crime. police would continue investigating, but by day two pressure seemed to be mounting for a quick resolution. >> even the next morning, the chief of police there in potsdam indicated to another investigator that they had a pretty hot suspect, and that they were lining up whatever evidence they could to try to make an arrest. >> reporter: that conversation was recorded by the potsdam p.d., a routine procedure for calls in an out of the department. >> we got a 12-year-old that's lost his life. we got to lock somebody up. >> and we have a strong suspect at this point. um, and uh, we're just trying to get all of the ammunition against him at this point we can. >> reporter: so 24 hours after the murder, lt. mark murray, working his first homicide as lead investigator, went to observe nick on the sideline at clarkson's soccer game against suny-potsdam. remember, police believed the killer may have sustained a leg injury jumping from that second-floor window. would nick be limping? coming up -- >> were you aware the cops were running a camera on you as you coached the team? >> i had no idea. >> reporter: coach hillary -- secretly taped. did you think you saw a hitch in his gait? >> definitely. i put it in my search warrant affidavit. i observed a significant limp. >> and strongly questioned. >> am i a suspect in this thing? >> a man was treated like an animal and that's not allowed in the united states. >> when "dateline" continues. too early... or too late. or make me feel like i'm not really "there." talk to your doctor, and call 844-234-2424. valspar signature ♪ holds up to common stains and cleans up easy. discover what's possible at lowe's. >> reporter: not long after garrett phillips had been strangled, his mother told investigators nick hillary is your killer. and now police were urgently investigating the soccer coach. the night after the murder, a team led by lt. mark murray aimed a video camera at nick, as he prowled the sidelines while coaching a soccer game. they were looking for a limp, which would match their theory that the killer may have been injured leaping from that second-story window. >> the police had interviewed some other individuals at this point, and he's known to be an active guy on the sidelines. he's not doing that here. >> reporter: after videotaping nick throughout the game, police were convinced they saw what they came to see. did you think you saw a hitch in his gait that night? >> definitely. i put it in my search warrant affidavit. i observed the significant limp when he went off at halftime, i observed what i observed to be a limp. >> reporter: were you aware that the cops were running a camera on you as you coached the team? >> i had no idea. >> reporter: nick said he was focused on beating cross-town rival suny-potsdam, a big game. >> you're gonna be seeing these guys around town. this is a game that we must win. >> reporter: he said he had nothing to do with garrett's death so he had no reason to think he was a suspect that night, or the next morning, when police asked him to come down to the potsdam pd and help their investigation. for what purpose? >> to see if i could identify a list of garrett's friends. >> are any of the kids in his grade monsters compared to him? or no? >> reporter: but then the conversation veered away from the list and kids. >> i mean you're here to help me with something i'm clueless about. >> so i'm clueless about it as well. >> reporter: nick seemed surprised by the cops' line of questioning. >> the questions i am being asked right now is not the questions i come down here to answer. >> what we would like to do is eliminate you as being part of this whole thing. >> am i a suspect in this thing? >> no. we -- what we would like to do -- we know -- >> you're using the word eliminate. it's a big word. >> everybody's a suspect to us. this whole town's a suspect. >> reporter: nick now realized he was being accused. he shut down. >> what time was practice on monday? do you remember? >> i have no comment. >> no comments on when practice was? >> reporter: jesse mckinley covered the story for "the new york times." >> i think at that point his argument would be "i was scared. this was a scary situation. i seemed to be being singled out for a crime that i didn't commit." >> reporter: but lieutenant murray had a different take. he believed nick was not cooperating and for no good reason. >> he said, "no comment." and i remember thinking to myself, you know, everyone else here is giving us any information, whether it's relevant or not. if the roles were reversed, i would be doing anything in my power to help figure out what happened to garrett. >> you have the right to remain silent. >> reporter: nick was then read his miranda rights. >> the two officers got up and barred the door, told me that i'm not allowed to leave. >> reporter: but you hadn't been arrested? >> was never arrested, i'm being held against my will. >> reporter: police were zeroing in on nick, and they were asking tough questions to his assistant coach, ian fairlie, at the same time. fairlie told them he had seen nick shortly after 5:00 p.m. the afternoon of the murder and he was acting normally. >> and this was supposedly ten minutes after he'd strangled someone to death. >> you're not trying to cover for him, right? i mean i know you guys are buddies, but -- >> no, i'm trying to be as honest as i can. >> all right. i'm going to be honest with you. it kind of looks like he did it. i don't know if you believe me or not, like if you believe he's capable of something like that. >> i don't think he would be capable of something like that. i mean actually i absolutely don't believe he would be capable of something like that. >> reporter: meanwhile, nick had asked for a lawyer. he was detained but still hadn't been arrested. police took his phone, wallet and car while they were waiting for a judge to sign a search warrant. for a proud army vet and prominent member of the college community, nick said his treatment was humiliating. >> they took my clothes. >> reporter: took pictures of you naked? >> as the day i was born. >> reporter: looking for what, scratches, cut marks? >> only they would know. >> reporter: so how long did this day last? >> seems like an eternity. >> reporter: then, after about nine hours inside, police released him. >> this was from early in the mornings till about after 5:00 when i was released in a hazmat suit. >> reporter: you didn't get your clothes back? >> nothing. didn't have keys to go into my apartment, didn't have my wallet with any kind of identification if i should get stopped in the street to identify who i am. it's an inhumane way to be treated. >> reporter: the next day he felt branded in his own community. >> and there was a big spread in the newspaper clearly stating that the police had questioned me. >> reporter: realizing he was the prime suspect and perhaps the only suspect, nick started to fight back with the help of a good friend who happened to be a lawyer, former teammate mani tafari. >> yeah, this was tunnel vision. the powers that be that wanted to get mr. hillary for this always had that intention. >> reporter: nick told us that he wasn't at garrett's apartment that day. and he denied the accusations tandy had made to police. >> saying that there was bad blood between you and garrett. >> that's very, very shocking and surprising. >> reporter: did you ever have a butt head moment with him, nick? >> no. >> reporter: an issue of "do the homework," or do the chores? >> no. no. >> reporter: october 2011. how were things with you and tandy? >> things were great between tandy and i. >> reporter: but not boyfriend-girlfriend? >> but not boyfriend and girlfriend. >> reporter: did you want to get back with tandy? >> no. >> reporter: did you have a key to her house still? >> no, i didn't. >> reporter: and by this point, nick and his lawyer had also seen that sideline video police had shot of nick the night after the murder. to them it was eye-opening. they said it didn't show what police said it did, a "significant limp." >> that turned out to be untrue. >> reporter: watch as nick strides off the field at halftime. he doesn't appear to be limping at all. >> i had no limp. i was myself that night on the sideline with the exception of a heavy heart because of what had happened to garrett. >> reporter: and like the soccer champions they were, nick and mani were not only playing defense, they went on offense too, blasting police for what nick says they did to him at the station. >> a man was treated like an animal, and that's not allowed in the united states. >> reporter: so they vowed to sue the village of potsdam and its police department for violating nick's civil rights. >> we live in a country where when rights are violated citizens can stay silent and continue to have those rights violated, or you can stand up. >> reporter: coming up -- a startling new videotape clue. garrett on his way home. and whose suv was that seeming to follow him? >> is that nick hillary in his car in that parking lot? >> reporter: when "dateline" continues. from the firstloving touch. everything that touches your baby should be this comforting. that's why pampers, the #1 pediatrician recommended brand, wraps your baby in breathable softness to help keep their skin dry & healthy. so every touch is as comforting as the first. pampers. the #1 pediatrician recommended brand. 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[ laughter ] bundle, bundle, bundle. -my kids would love that. -yeah. reporter: a little boy was dead, and potsdam was in mourning. schools emptied out for a memorial service for garrett phillips, that sixth-grader so exuberant in his 12 years of life. then, later that week, the funeral at this church. for his mother, tandy, it was all a blur. >> i remember being at the church. i remember being at the funeral home. it's just a lot of people. >> reporter: garrett was laid to rest in the nearby town where his mother grew up. he's buried next to the father he barely knew. >> reporter: is it true you buried him with the ripstick? >> yes. >> reporter: that was mom's decision? what do you think that says about who that little boy was? >> you know, that and his lacrosse stick were his most prized possessions. so i wanted him to have them. >> reporter: she said goodbye to her boy, but now, as police continued to zero in on nick hillary, she hoped to get answers for him. >> reporter: did you know that they had brought nick in for questioning? >> yes. >> reporter: do you think there's gonna be an arrest at that point, tandy? >> i had thought there was going to be one very quickly. >> reporter: but nick hillary was just as adamant he was an innocent man, hounded, he claims, by a blinkered rush-to-judgement investigation that didn't turn up any evidence because he didn't do it. >> reporter: why did they believe that you were their person of interest? >> i wish i knew. >> reporter: police were trying to make a case against him, though in the months that followed search warrants on nick's home, phone, and car yielded nothing. forensics came back and did not match nick for hair or fibers. techs did find fingerprints around that pushed-out window, but they matched no one known to the case. and the imprint in the slushy grass below? useless. even initial tests on dna scrapings taken beneath the boy's fingernail proved inconclusive. and what's more, two people were vouching for nick's whereabouts around the time of the murder. >> i was with my -- my daughter and my assistant coach during this time period. >> reporter: so they are what they call in criminal investigations your alibi witnesses? >> exactly. >> reporter: nick's teenaged daughter would say in a deposition that her dad was with her at their apartment here on leroy street from 5:00 to 5:15 p.m. assistant coach fairlie said nick came to his house here on garden street around 5:21. their accounts would seem to make it impossible for nick to have been here on market street about 5:00 p.m. when garrett was being attacked. >> there were no arrests. there was no grand jury. there's no indictments. there's nothing. they really were kind of at -- at their wits' end in a sense. >> reporter: police did pull up security video around potsdam, and they noticed a car that looked like nick's honda crv, creeping through the high school parking lot around the time garrett was to skate by. but the camera shots were too far away to i.d. plates or the driver. despite the continuing lack of hard physical evidence against him, in the court of public opinion, nick was a marked man. >> being out and about in the community, fingers are being pointed. conversations are being whispered. people will drive past our house and call me a murderer. my house has been egged. >> that's something he maintains to this day. that he has been made a pariah in that community which he felt a part of. >> reporter: this black male being singled out in this most white part of the world. >> absolutely. and i think to some extent nick's case fits into that narrative of a black man falsely accused. >> reporter: but unlike the stalled criminal investigation, nick's lawyer mani tafari was moving ahead with the civil lawsuit against lieutenant murray and the potsdam police. a suit filed for detaining nick all day without arresting him, and allegedly degrading him by taking photographs of him naked. >> mr. hillary could have held his head down and ran away. he believes in civil rights. he believes in his rights as a man. and he's gonna stand up for those rights. >> i did not violate his rights in any way, shape, or form. i executed a lawful search warrant of his person while he was at our station. >> reporter: lieutenant murray and the potsdam police department deny the allegations in the civil suit. and potsdam's insurance company hired tom mortati to defend the police. believing that the best defense is a good offense, mortati decided to turn the tables on nick and his lawyer. >> reporter: so what's your strategy? >> to prove that nick killed garrett phillips. >> reporter: and therefore, your clients, the cops, were justified in doing everything they did that he thought was a deprivation of his rights. >> bottom line, yes. >> reporter: a preliminary step in these cases, before the lawsuit is actually filed, is a proceeding called a 50-h hearing in which the defense attorney, in this case tom, gets to question the plaintiff, nick hillary. >> reporter: does he have to answer? >> no. he can assert his fifth amendment privilege. >> reporter: april 2012. tom purposely picked a non-descript conference room in potsdam's municipal building for nick's deposition. he chose not to videotape it. >> i wanted to keep it low-key. 'cause in the event he's talking, i want him to keep talking. >> reporter: how did it go? >> well, mr. hillary was talking. >> reporter: tom's main goal was to get nick to admit that he was in the car seen on that security camera video. up until then police had suspicions, but no proof. >> unlike the movies, you can't zoom in on the license plate or let's -- let's zoom in on the guy's eyeglasses and "oh, that's -- that's so-and-so behind the wheel." it doesn't work that way. so the number one question at that time was, "is that nick hillary in his car in that parking lot?" >> reporter: so tom asked a series of questions and, to his surprise, nick readily answered them. "mr. hillary, at any point on october 24th of 2011, were you at potsdam high school? yes. how did you get there? i drove. did you drive the honda? yes. and why was nick at the high school on that rainy day? he said it was to watch a soccer game. but notice the yellow school bus, it's blocking his view. >> his vision of the soccer field's obscured by a giant yellow school bus, the concession stand and the stands next to the field. you can't see the soccer field. >> reporter: coming up -- an admission under oath. >> and he didn't take the fifth, and the police are ecstatic with what we've got. >> reporter: and -- >> it was the thing i had prayed for. >> reporter: make way for a new d.a. >> she was going to do everything she could to bring justice for garrett. >> reporter: exactly what would that be? >> i was alarmed a little bit. >> reporter: when "dateline" continues. valspar signature holds up to common stains and cleans up easy. discover what's possible at lowe's. all the way out here just for a blurry photo of me. oh, that's a good one. wait, what's that? 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>> i don't know if i can say it on camera. just the level of frustration is -- there's no words really. >> reporter: out of frustration and sorrow, garrett's family, ly led by his uncle brian, put up "justice for garrett" signs alln over the county. the message from a smiling garrett was both subtle and direct -- do the right thing. >> brian was very close with his brother robbie, garrett's dad. so we lost robbie.e. and then losing garrett the way that we did, brian's never stopped. >> he wouldn't let this become a cold case.co >> never. >> reporter: and then in 2013 mary rain, a former cop and public defender, decided to run for district attorney. >> politics has raised its head here. >> absolutely. and her prime campaign theme if you will is there's a murderer running around and nobody's done anything about it. >> the only thing i would promise is that would be my top agenda as soon as i got into office. so i spoke with tandy the next day and we talked for about two hours. >> you didn't promise her results. you promised her your professional interest. >> exactly. i promised her i would put a lot of work and energy into it. >> reporter: tandy took to the stump to campaign for mary.am >> she was interested in your case? >> yes. >> passionate about it? >> very. she was going to do everything she could to bring justice for garrett. >> reporter: ten days before election day, mary knew she still had ground to make up if she had any hope of becoming the new d.a.l >> and you needed something. >> you know, help from up above, that never hurts. >> reporter: she calls it her "campaign miracle."ou n >> i was in church one morning. i sat there and i said, "you know god, i need some help." >> reporter: and help came that same day, when according to tandy the incumbent d.a., whileu out campaigning, unwittingly walked up to her house. >> she had no idea that she was doorbelling -- >> well, she looked -- - -- the mother of the boy. h >> yeah, she saw my sign in the, in the yard. and she was trying to change their minds or their opinions to vote for her. and then she realized where she was. and she left. >> reporter: tandy was incensedn because she says the d.a. refused an invitation to speak with her, and instead just walked away. tandy took to facebook to vent -- "someone just paid a visit to my house that left me feeling like my family is very unimportant!" >> how did it feel to hit send? >> good and a little scary. i'm not the type to rant on facebook. i generally stay away from the -- the drama side of it. but i was angry. >> and once i read that facebook post, i thought, "who does that?" and i immediately private-messaged tandy, and i said, "this just makes me cry." and she said, "there is no crying." but that's hard to get past. >> reporter: tandy let mary re-post the incident to her facebook friends, and from there it went viral. >> it was the thing i had prayed for. >> reporter: a big news splash in the county. >> kind of a political stumble. you know, it makes nicole duve look like she didn't have a handle on things. that if she didn't even know where the victim's mother lived, how could she find the victim's killer? >> reporter: on election night the voters spoke. mary rain came from behind to win the d.a.'s job 52% to 48%. the two potsdam voters with perhaps the greatest rooting interest in the outcome had opposite reactions. >> i felt relief. i felt like something was finally going to happen. >> i was alarmed a little bit, not surprised. >> reporter: the new d.a., as promised, immediately plunged into this confounding case, and she'd soon get lucky again and come up with something her predecessor never had, the prime suspect under oath but this time on video. coming up -- nick hillary's hazy memory. >> i can't recall. >> i cannot recall. >> i cannot recall. >> if people remember why they broke up with their high school girlfriend, you can't remember why this relationship broke up? >> investigators wanted to knowk did he have something to hide? >> can you describe for me your relationship with garrett up until the point you and ms. cyrus broke up? did garrett like you? >> he never said he disliked mek >> when "dateline" continues. ...what...what did i say? gecko? i said gecko? aw... for over 75 year...(laughs. but still trying to keep it contained) director's voice: keep it together. i'm good. i'm good. for over 75...(uncontrollable laughter). what are you doing there? stop making me laugh. vo: geico. saving people money for over seventy-five years. gecko: don't look at me. don't look at me. our bargain detergent couldn't keep up. with us... turns out it's mostly water. so, we switched back to tide. one wash, stains are gone. daughter: slurping don't pay for water. pay for clean. it's got to be tide. reporter: mary rain took office as the county's new d.a. in january 2014, and the first file she cracked open, as she had promised in the campaign, was the garrett phillips case. >> and i'm disheartened to see a folder, a lone folder, sitting in the office, which is about this thick. and i realize this is a murder investigation. it's deficient. >> reporter: but the file was about to get a huge addition. tom mortati was just weeks away from putting nick hillary under oath again in the civil lawsuit nick brought against police. >> i prayed, honestly, for some guidance and to -- to just to be able to do my job and to help in whatever way that i can. >> reporter: this time lieutenant murray and his chief, who both happen to be defendants in the lawsuit, would be sitting in on the deposition, taking notes for their criminal investigation. and nick would be on video. >> reporter: how are you gonna advance your story? what's the strategy? >> well, i want him to reaffirm all of the things that he's previously told me under oath. >> reporter: "yes, that is my car. i'm driving it." >> right. i want him to be saying it on camera because the whole purpose of videotaping this had nothing to do with the civil case at all. this is totally about -- this video is going to be played in front of a grand jury someday and a criminal jury someday. >> reporter: acting as de facto prosecutor, tom would be mary rain's best chance to get justice for garrett. >> good morning, mr. hillary. >> reporter: tom, heard off camera, asked the questions. nick hillary's attorney, mani tafari, also off camera, was raising objections to protect an appeal. still nick did go on to answer almost everything. >> at some point did that relationship that you had with miss cyrus end? >> objection. relevance. >> yes. >> reporter: but when the questions turned personal, nick seemed to get a case of amnesia. >> did you approach ms. cyrus and discuss with her the possibility of breaking up? >> i cannot recall. >> did miss cyrus ever discuss with you her two boys' relationship with you as a basis for ending the relationship? >> i cannot recall. >> if she had told you that that's why she wanted to end the -- the relationship, is that something you think you would have remembered? >> objection. >> i cannot recall. >> people remember why they broke up with their high school girlfriend. you know, you can't remember why this relationship with a woman you lived with for seven or eight months broke up? >> reporter: tandy had said she broke up with nick because garrett hated his rules. and this is the heart of the theory of motivation in this crime. >> exactly. >> reporter: that garrett is dead because nick hillary believes that he was an obstacle in the way of him ever being with tandy, that the boy had caused the breakup. >> right. it goes to motive. it goes to what's his underlying state of mind. >> can you describe for me your relationship with garrett up until the point in time where you and miss cyrus broke up? >> objection. relevance. >> we had a positive relationship. >> do you know if garrett liked you? >> he never said he disliked me. >> reporter: tom also probed nick about his behavior after tandy moved out. >> did you ever show up in ms. cyrus's apartment in the late evening hours letting yourself in on your own? >> no. >> if ms. cyrus has provided a sworn deposition to the police indicating that that did in fact occur, was she lying when she gave that testimony? >> yes. >> reporter: police had a theory that the killer was injured in the escape leap, and they claimed they had video of nick limping at the soccer game the next night. when tom asked him about it, nick admitted he had injured his ankle but said it happened before garrett was killed. >> mr. hillary, at any point prior to october 24th of 2011, did you suffer an injury to either one of your lower legs? >> objection. relevance. >> yes. >> can you tell me the circumstances under which that occurred? >> i was moving furniture around in my new apartment. >> approximately when did that occur? >> objection. relevance. >> i cannot recall. >> what kind of piece of furniture was it? >> objection. relevance. >> i cannot recall. >> did you trip over the piece of furniture, or drop something on you or something else? >> objection. relevance, asked and answered. >> i cannot recall. >> reporter: mani tafari maintains nick's ankle injury had no connection to the crime or the crime scene. >> if there were abrasions, we should have some dna that's linking mr. hillary to this. and we do not. >> reporter: as in the first deposition, tom asked nick to describe his route home on the day of garrett's murder. but this time, nick suggested that if he turned left it would have been to visit his assistant coach. >> typically if i make a left out the parking lot, i would be checking in with my assistant coach who lived on garden street, which is what i would normally do. >> is that what you did that afternoon? >> i cannot recall. >> you don't recall whether or not you stopped in to mr. fairlie's apartment on garden street that afternoon? >> that is correct. >> and i interrupt him and say, "well, wait a minute, you've already told me previously under oath a year and a half ago you didn't go anywhere else." >> you didn't make any stops anywhere on your way between leaving potsdam high school and going to your apartment that afternoon. do you recall giving that testimony at your 50-h examination? >> if that's what i said, that's what i said. >> if you turned left out of the parking lot to go home to your apartment, what route did you take? >> objection. >> i cannot recall. >> reporter: when it was over, tom mortati had a gift for the new d.a., mary rain, more than six hours of nick on tape, under oath. everything he said. everything he couldn't recall. so rare from a prime suspect who was not talking to police. >> i've always described this as the o.j. case backwards. you know, in o.j. you had a criminal trial and then there was a civil case. and here it -- the exact opposite happened. >> reporter: you have regrets about going the civil route in the midst of this criminal case? >> i regret that mr. hillary was targeted due to his race. and i have no control over that. that is the only regret i have in this entire situation. >> reporter: d.a. rain, who had campaigned on getting "justice for garrett," now believed she had enough evidence to take to a grand jury. but in a perplexing case that still had gaping holes, no dna, no forensics, no eyewitnesses, this road to indictment would hit an unexpected pothole. coming up -- a bold new strategy. >> you take samples of dna that previously would have been cast aside and attempt to make sense of them. >> reporter: prosecutors wondered, could nick's dna really be at the crime scene after all? when "dateline" continues.ue s. [♪] are you currently using a whitening toothpaste, but not seeing results? try crest 3d whitestrips. its enamel-safe formula lifts and removes stains to provide 100% noticeably whiter teeth or your money back. try crest 3d whitestrips. i'm frances rivera with the hour's top stories. the coronavirus continued to spike across the u.s. this holiday weekend. for a fourth day in a row florida reported over 10,000 new confirmed cases. this record comes as the state surpassed 200,000 cases earlier today. nhl commissioner bill daly announced that the league and its players have reached an agreement on protocols for training camp in games. if fully approved the nhl season could resume by late july. now back to "dateline." may 2014. 2 1/2 years after garrett phillips skated home for the last time, d.a. mary rain was finally putting the case before a grand jury. her key piece of evidence? >> if i make a left out the parking lot -- >> reporter: nick hillary's own words from his video deposition for his lawsuit against the potsdam police. no one can talk about grand jury arguments but the civil deposition, safe to say, was very important. >> extremely important. we couldn't have put him in the places where he put himself. >> reporter: on may 15th nick hillary was indicted and arrested. >> 100% innocent. >> reporter: charged with second degree murder, he was led away in handcuffs by lead investigator mark murray. >> reporter: no ruckus? no to-do? >> no ruckus, no to-do. just us walking nick into the station. >> reporter: nothing, however, has been ordinary in this extraordinary case. five months later, a judge threw out that indictment on the grounds of prosecutorial misconduct. >> the judge in the case decides that mary rain acted inappropriately. that she injected opinion. that she obviously was not pursuing justice per se but was pursuing nick. >> reporter: the judge read transcripts of the proceedings and determined that the d.a. bullied nick's daughter, an alibi witness, asking her the same question 13 times. >> it's cross-examination. there was no bullying. he's not there. he doesn't know my tone of voice. so he's surmising something that just didn't occur. >> reporter: mary rain had taken a legal roundhouse blow to the chin, but she got up to fight again. there was no question you were going to re-file it? >> absolutely no question at all. >> reporter: using the same evidence, but toning it down, the d.a. won another indictment, and this one stuck. tandy felt finally vindicated. you believe nick hillary killed your boy? >> yes. >> reporter: for what reason, tandy? >> i mean, for whatever reason, he did not like my son. he was a problem for him. he was in his way. >> reporter: meanwhile, nick hillary was gearing up for his biggest match ever. his very freedom was at stake. >> i have stated that since day one, i'm 100% innocent. >> reporter: nick's old friends and supporters had helped him make bail, although in potsdam he faced visible reminders of the strong feelings against him at every turn. lawn signs are everywhere in your town, "justice for garrett." what do you think? they're everywhere. >> they're everywhere. i mean, for my own sanity, i have told myself "justice for garrett" sign is a good thing because i need justice for garrett. >> reporter: but justice of any kind was grinding slowly. and the case was attracting attention. two legal heavyweights from new york city joined nick's team. norman siegel, a civil rights lawyer, and earl ward, a celebrated criminal defense attorney. >> for people like that to be involved in the case shows you that the case is echoing beyond. >> reporter: is this shaping up as another test of racial justice in the criminal justice system? >> i think for the defense team they don't believe that nick did this and they think he's being railroaded. and they feel that part of that has to do with his race. i think for mary rain and the prosecution team that is the last thing that they want. they want this to be a murder trial. and they want this to be about a 12-year-old boy who lost his life at the hands of a killer. >> reporter: nick's supporters, including his former teammates, remained adamant that their friend was innocent. >> it's not possible. i mean he's just -- he's such a caring and compassionate, loving person. he's been around kids his entire life. >> reporter: even on the worst day of his life, something happened, you can't get there, huh? >> not a chance. >> reporter: these teammates are among countless friends and supporters behind the website "truth for nick hillary." they dipped into their pockets and helped fund his defense and also paid his everyday bills once he was fired as soccer coach after his arrest. and you're now putting your money where your sentiments are? >> uh, yeah, all these guys are. >> yeah, we've had hundreds of people on the donation site itself contribute whatever they can. >> reporter: a trial date was set for september 2016. nick's teammates would stand by him in open court. so it's the championship season again. >> this is -- >> reporter: this is more than a ring now. >> this is more than a ring. you know, this is, this is -- this is life and death. >> reporter: but first, both sides braced for a summertime fight that could tilt the balance. it was over dna. did it exist? was it nick's? and whatever it was, was it even admissible? no hair, tissue or fingerprint belonging to nick was found at the crime scene. and testing on that tiny mix of dna under one of garrett's fingernails had been inconclusive. >> the initial sampling of this, the initial testing of this, showed that it could neither include nor exclude nick hillary. >> reporter: so with traditional dna chemistry not implicating nick, prosecutors opted for something revolutionary, a new kind of computer-driven dna analysis, from a company in new zealand. >> whereby you take samples of dna that previously would have been cast aside because they were too small, they were too difficult to analyze properly. you take those samples and attempt to make sense of them using a computer algorithm. >> reporter: prosecutors said the new tests came back a match for nick. not so fast, argued the defense. too unorthodox. too unreliable. >> after every reputable, organization or testing sites told them, look, there's nothing connecting this guy, they went to a different continent, to new zealand to try to get something to stick. and it didn't stick. >> reporter: in the end, the judge agreed with the defense. pretrial he ruled that the prosecution could not use the newfangled dna analysis. a major setback. do you still have a case, absent that science? >> we still can do it based on the other evidence that we have. >> reporter: to be determined, as they say, setting the stage for nick hillary to, at last, have his day in court. the trial, finally, was about to get underway. >> i think that it has taken so long to find justice for garrett, as it were, that this has become one of those stories that people will talk about for a very long time, regardless of how the verdict turns out. >> reporter: coming up -- >> i will continue to fight until i don't have anything left inside of me to fight. >> reporter: nick and tandy face to face. you're going to be going up to the stand, and inside the rail will be nick hillary. are you ready for that moment? >> i am. >> reporter: the showdown begins. >> every single fact in this case points to him. >> i'm 100% innocent of the accusations that i'm facing. >> you could have heard a pin drop in that courtroom. >> when "dateline" continues. ♪ ♪ no matter how you stay fit keep it light with light & fit's rainbow of delightful, protein-packed flavors. ♪ ♪ we waste up to 20 gallons of water every time we pre-rinse let's skip the rinse. new finish quantum with activeblu technology, designed to clean without pre-rinsing. switch to finish and skip the rinse to save water. wherelove...feels the same. truths are universal joy... is a joint expression, and health... is an essential need for all. yet with so much we share, there's one thing we don't: around our world, millions live in places with little to no access to hospitals. at mercy ships, we've made it our mission to change this. you can join us by calling or going online now... just $19 a month is all it takes to help our volunteer doctors and nurses embark on floating hospitals. to heal the lives of others. to uphold the truth that love is indeed universal. and a healthy family iseverything. call the number on your screen or go to mercyships dot org your gift of $19 a month will save and transform lives. give today so we collaborate ♪ ocean spray works with nature every day to farm in a sustainable way >> reporter: five long years after garrett phillips was killed, the case of new york state v. nick hillary went to trial. nick and tandy, former lovers, would be together in the same courtroom. you're going to be going up to the stand. and inside the rail will be nick hillary. are you ready for that moment? >> i am. >> reporter: as tandy readied to face her ex-boyfriend in court, nick came face to face with the possibility of a conviction. then you'll be given another jumpsuit, put in a van and taken away. >> i would fight and i will continue to fight until i don't have anything left inside of me to fight just the same way i'm fighting right now. >> reporter: the trial was shaping up as a battle between seasoned, successful attorneys. the venerable team of earl ward and norman siegel for the defense. for the state, d.a. mary rain asked bill fitzpatrick, a renowned prosecutor from another county, to take the lead in court. so you bring in fitzpatrick from down in syracuse for what reason? >> well, bill fitzpatrick has over 75 homicide prosecutions himself. he's been a prosecutor for over 24 years, and i've been a prosecutor for over two. >> reporter: almost immediately, a courtroom bombshell. ten jurors had been quickly selected, all white, when nick and his defense team made a shocking announcement. they were opting for a bench trial, letting judge felix catena decide nick's future. "new york times" reporter jesse mckinley. >> i think their calculation was, "we're better off going with a legal mind, someone that knows the law." >> reporter: so they're arguing it to the judge? he will be the judge and the jury in this? >> absolutely. [ gavel ] >> good morning, everybody. please be seated. mr. fitzpatrick, your opening statement. >> thank you very much, your honor. >> reporter: bill fitzpatrick laid out the state's case, painting a portrait of nick hillary as a scorned lover and a liar. he said nick's own words from his video deposition given under oath would nail him. >> the only reason he has to lie is because he was killing garrett. >> reporter: but longtime civil rights attorney siegel said nick is an innocent man and could prove he was home at the exact time garrett was being attacked. >> you can't be in two places at the same time. and nick hillary went home. >> reporter: it was all part of a rush to judgment by police, argued siegel. >> there is naturally a cry for justice. a cry for someone to be held accountable. but it must be the right person. nick hillary is not the right person. >> reporter: after opening arguments, cameras were removed for all testimony. the prosecution called the victim's mother to the stand as its lead-off witness. tandy told the judge what she'd told us, that nick was unhappy about her breaking up their relationship. >> she was absolutely cool as a cucumber. she rarely let emotion get to her. she was a very controlled, very competent witness. >> reporter: and she testified about the times, she said, nick let himself into her apartment uninvited. >> i was getting very annoyed with the fact that he wouldn't leave me alone. >> he obsessed about the breakup. >> reporter: next, the prosecution presented evidence that garrett died from a choke hold, a ghastly combination of strangulation and asphyxiation. rug burns on garrett's legs and red marks on his neck pointed to a desperate struggle. it was a crime of passion, insisted fitzpatrick, pointing to nick as the only person hostile to garrett. >> this is somebody that chokes the life with a high degree of hatred of a 12-year-old boy. >> reporter: he talks about an amicable breakup. >> it was not amicable at that point, because he was not happy. tandy was amicable, but he was not. he was very, very angry. >> reporter: prosecutors used video to try to prove their case, a one-two punch of nick hillary on camera. they played for the judge the security video of nick's honda in the high school parking lot, as they saw it, stalking garrett. >> that's the most important witness in this case. a neutral camera sitting on top of a school. >> reporter: the state also presented that critical video of nick, under oath, from his deposition in his civil case. >> something happens, which i will affectionately refer to as the gift that keeps on giving. that person is telling lies, frankly too numerous to catalogue. >> reporter: one lie, according to the state, involved nick's damaged ankle. remember, during his deposition nick said he hurt it before garrett's death. >> mr. hillary, at any point prior to october 24th of 2011, did you suffer an injury to either one of your lower legs? >> objection, relevance. >> yes. >> can you tell me the circumstances under which that occurred? >> i was moving furniture around in my new apartment. >> reporter: prosecutors attacked that story when the medical examiner took the stand. he commented on photos police took of nick's ankle just two days after garrett was killed. >> his ankle is swollen. it's got a very fresh cut. dr. sikirica, our m.e., said the cut is 24 to 48 hours old. >> reporter: a fresh cut, prosecutors theorized, caused by nick's desperate escape leap from garrett's second floor apartment. and then what prosecutors called another lie, the big one at the heart of their case, when nick talked about where he went after driving out of the school parking lot just minutes before garrett was choked to death. >> according to him, at least a dozen times under oath, "i went straight home back to my daughter. straight home." >> you went straight home after you left the potsdam high school that afternoon, correct? >> yes. >> reporter: straight home would have meant turning right. but nick turned left just like garrett. prosecutors laid it out with dramatic flair. here was nick, under oath, caught in a lie confirmed by the video. >> mr. hillary doesn't turn right. he turns left because he's hunting garrett phillips. >> reporter: maybe the prosecution's best evidence is this videotape, the journey to the field to look at the soccer team. >> yeah. prosecution says it's their most conclusive piece of evidence. >> reporter: rainy day in potsdam. the last few minutes of garrett's life. >> yes. and when they were playing that tape, which is about five minutes long in that courtroom, you could have heard a pin drop. >> reporter: the state argued that when nick wasn't lying he had very suspicious lapses in memory about the day garrett was killed, a convenient forgetfulness, said prosecutors, highlighted by three simple words. >> i cannot recall. >> i cannot recall. >> i cannot recall. >> watch him as he answers "i cannot recall" without even the slightest reflection or effort to try to recall. >> if you start to take these things in sum, in toto, that you have a guy who is not telling the truth. you have a guy that does not have an ironclad alibi. >> and the proof is beyond compelling. it approaches mathematical certainty. every single fact in this case points to him. and at some point coincidences stop being coincidences and they start being proof of guilt. >> reporter: it was a circumstantial case, but prosecutors were confident. now the defense would get its turn and they would aggressively make the case in court that nick hillary had been making for himself from day one. >> i'm 100% innocent of the accusations that i'm facing. >> coming up -- >> you searched his house twice. what did you find? nothing. you searched his car, what did you find? nothing. you searched his office. what did you find? nothing. >> no evidence, no case? >> this theory is simply not credible on its face. >> the defense comes on strong. >> nick hillary is not a murderer. >> when "dateline" continues. and you know cheap leaky diapers are an amateur move. you need luvs pro-level protection. luvs. parent like a pro. valspar signature ♪ holds up to common stains and cleans up easy. discover what's possible at lowe's. chances are you have some qhere are a couple answers... lysol disinfectant spray and disinfecting wipes together can be used on over 100 surfaces. and kill up to 99.9% of viruses and bacteria. unfortunately, we can't answer every question you have right now. lysol. what it takes to protect. protect your pet with the #1 name in flea and tick protection. frontline plus. trusted by vets for nearly 20 years. don't bring that mess around here, evan! whoo! don't do it. don't you dare. i don't think so! [ sighs ] it's okay, big fella. we're gonna get through this together. [ baseball bat cracks ] nice rip, robbie. ♪ raaah! when you bundle home and auto insurance through progressive, you get more than just a big discount. i'm gonna need you to leave. you get relentless protection. [ baseball bat cracks ] you get relentless protection. are you currently using a whitening toothpaste, but not seeing results? try crest 3d whitestrips. its enamel-safe formula lifts and removes stains to provide 100% noticeably whiter teeth or your money back. try crest 3d whitestrips. >> reporter: nick hillary's high-powered legal team of norman siegel and earl ward began their defense by aggressively cross-examining the prosecution's witnesses, starting with tandy cyrus. the defense now acknowledged nick had in fact visited tandy twice in her new apartment, but they got tandy to admit those visits weren't so scary after all. >> those two episodes, prosecutors tried to portray as some type of nefarious behavior on nick's part. but tandy made it clear that these episodes were nothing more than an inconvenience. she testified that on one occasion they slept together. >> reporter: the defense's argument, tandy's break-up with nick was hardly the drama she made it out to be. >> they tried to portray it as if nick was this, you know, demon, this -- this awful person who snuck into this woman's bedroom, as i said on my summation, like something out of a horror movie, and hovered above her in the dark as if he was about to do something, you know, evil. when during the cross-examination it came out that that wasn't the case. >> reporter: and tandy and other family members also conceded that nick had never laid a hand on garrett while they lived together. >> there was nothing between the two that could be considered hatred. nothing between the two that would lead or could lead to murder. >> they have kind of picked away at the prosecution's witnesses enough, it would seem, for them to try to create reasonable doubt, which is all they want to do. that's the game. they want -- >> reporter: reasonable doubt? >> reasonable doubt wins their case. >> nick hillary is not a murderer. he is not a violent man. violence is inconsistent with who he is and what he has done in his life. >> reporter: now the defense started to paint a different picture of nick hillary -- not the man accused of a heinous crime but the army vet, adored soccer captain, and loving father who could never ever harm a 12-year-old, let alone kill him. >> he's been around kids his entire life. i've seen him interact with 12-year-olds constantly. >> reporter: brendan murphy, the goalie on nick's championship soccer team, was one of the character witnesses who testified about the nick he knew. >> he was always there to pick me up and never blame me. and never, you know, yelled at me or made me feel bad about letting a goal in. >> reporter: and his lawyers dismissed the prosecution's suggested motive that he killed for revenge. >> this theory is simply not credible on its face. >> there has always been this question as to what this would possibly gain for him. what would be the upside of hurting this kid? >> reporter: the defense's biggest point was very simple -- there was no physical evidence, none, linking nick hillary to the crime. >> there was no hair. there were no fibers. there was no fingerprints linking nick to this crime. >> reporter: and there was testimony from investigators about those unknown fingerprints that were found around that pushed-out window screen. >> you have to ask yourself whose print was on that window. whose print was on the window that that perpetrator climbed out of to escape the building? again, it wasn't nick hillary's. >> reporter: in an unusual move, the defense called to the stand mark murray, the lead cop on the case, getting him to admit his nearly five-year investigation had failed to turn up any physical evidence against nick in any place. >> brought him forward and said, you searched his house twice. what did you find?" nothing. you searched his car. what did you find? nothing. you searched his office two times. what did you find? nothing. >> reporter: which made it clear, the defense argued, that police had tunnel vision, starting with the night of the murder, when lieutenant murray and two state cops came to nick's house. >> within hours, as you've heard, i was targeted. would it be fair to say there's a rush to judgment? yes. >> i cannot recall. >> reporter: the most damning prosecution evidence against nick had been those videotapes. first, his deposition in the civil suit. >> i cannot recall. >> reporter: the defense argued that his inability to answer questions then was just a memory lapse, nothing more. >> the statements he made at that deposition were made 27 months after the death of garrett phillips. it is true he often said "i can't recall." but does that make him a murderer? >> reporter: and as for the state's centerpiece evidence -- that security camera video where nick appeared to follow garrett out of the high school parking lot, it didn't actually show much of anything, argued the defense. >> the prosecution wants you to make much of this video. but the prosecution wants you to jump to conclusions. >> reporter: the camera doesn't record the end of this. >> yeah. there is no videotape that exists anywhere that shows nick hillary pulling up to 100 market street, getting out of his car and walking up those stairs. >> reporter: nick's assertion that he went to his home -- and not garrett's -- was bolstered at trial by two alibi witnesses. >> the focus was to show that nick was somewhere else from the period of 5:00 to at least 5:23 and have two alibi witnesses that would hold up. >> reporter: the first was assistant soccer coach ian fairlie. he testified that nick stopped by his house at 5:21 pm., about 20 minutes after garrett was attacked, according to police estimates. >> reporter: did fairlie stick to his guns, to his same story he's told over and over? >> absolutely. and said, as he said to me and other people, that that afternoon when nick hillary walked in that apartment, he wasn't limping, he wasn't sweating, he didn't seem discombobulated, he didn't seem upset. he just seemed like the same old guy. >> reporter: but it was shanna kay hillary, nick's daughter, whose testimony would be make-or-break. she testified he was with her, at their house, in the critical time period of 5:00 to 5:15 p.m. which is the same time young garrett was losing that struggle for his life. >> judge, there is nothing about shanna kay's testimony that was false. she is a strong witness and she is reasonable doubt. >> reporter: in cross-examination prosecutor bill fitzpatrick went after nick's daughter with gusto. and got her to admit she didn't remember very much else about that day except for the time her dad was home. >> it will all come down to whether or not the judge believes whether nick was where he said he was. >> reporter: which is the gamble nick had taken when he waived a jury trial. his fate would soon be in the hands of one man, judge catena would decide. >> coming up -- >> i'm never going to have my son back. >> my family and i have been living underneath this cloud. >> we're talking murder two. we're talking 25 years to life. >> reporter: the judge's verdict. what would it be? when "dateline" continues. instead of trying to decide "should i invest in stocks or not?" meaning, "are stocks going to rise or not?", let's instead stop looking at the investments, which we can't control, and let's now look at our goals, which we can control. in other words, we only want to take as much risk as is necessary to achieve our goals. we need to protect the money that's there. and that says you should be investing in... we're talking murder two. you know, we're talking 25 years to life. this is not shoplifting. this is a very serious charge. >> reporter: the awful question before the court was this -- had nick hillary choked the life out of a 12-year-old boy? >> he's been lying about it ever since. >> reporter: lead prosecutor bill fitzpatrick had thundered outrage during his closing argument, channeling the emotion of tandy and her family. >> garrett phillips wasn't killed by someone passing through town who hates little boys. he was killed by nick hillary. he wanted to be 12 years old and not be dictated to. and that cost him his life. >> convicting someone because -- >> reporter: the defense team had spent three weeks arguing there was simply no evidence against nick. >> i know, judge, that you'll get it right. i know, judge, that after considering all the evidence in this case you will find mr. hillary not guilty. >> reporter: the defense had wagered an unusual high stakes gamble bypassing a jury and asking the judge to decide. judge and jury in one man, felix catena. a week went by with no decision, an excruciating wait for both sides. then the judge called everyone back to the courthouse to hear his verdict. for 42-year old nick hillary and his unwavering legion of "truth for nick hillary" supporters, it had been a five-year long slog to clear his name. >> we've been here since day one supporting nick and, you know, staying in his corner. we're not going to stop standing by him now. >> reporter: for tandy cyrus, cocooned in a huddle of supportive friends and family, the agonizing wait with all its fits and starts, was finally over. the moment was at hand. >> as to the charge of murder in the second degree as charged in the indictment, the defendant, oral nicholas hillary, is found not guilty. [ applause ] >> reporter: not guilty. a quick burst of applause and a cry from nick's side of the room. >> thank you, jesus. >> reporter: garrett's uncle shouted out in nick's direction, "karma will get you." nick hugged his attorneys, then dissolved in a flood of tears. tandy, a bundle of nerves while waiting for the verdict, was inconsolable. >> reporter: d.a. mary rain said she was devastated, and spoke of tandy's pain. >> i just simply expressed my condolences. and that was about it. and she said, "i know you guys tried." >> reporter: tom mortati, the attorney for the potsdam police, addressed the issue of race, which had been hanging over the case from the start. >> race had nothing to do with this investigation. and if any of you actually had an opportunity to meet with some of the investigators involved, you'd know that. but i can tell you, affirmatively, that race had nothing to do with this from the get-go. >> reporter: defense attorney earl ward. >> there is a family that, even after five years, still grieves. so we're not oblivious to that. but nick hillary did not kill garrett phillips. nick hillary is an innocent man. >> love you, man, all right? >> reporter: just a few hours after the verdict, nick told us he felt a sense of relief, but would feel the scars of his ordeal for years to come. >> i'm very happy. don't get me wrong. but for five years my family and i have been living underneath this cloud. and the focus right now is to start putting this in the rearview mirror. >> reporter: maybe the people in potsdam will try, too, to put this case behind them. but it won't be easy. nick's civil suit against the police is still pending. and small towns don't pivot so easily to normal after an epic drama like this one. >> this case has had a lot of the great elements of fiction. and at the heart of it you have this terrible, terrible tragedy, which is the death of a child. >> reporter: and that raw hurt never goes away. not to a mother with a broken heart. >> i have pictures in my head that will never go away. i had to watch as people tried to resuscitate my son and failed. i'm never going to have my son back. >> had he lived, had he gotten extra years, who do you think he would have been? >> still the fun-loving kid that he was. and joking and teasing. and i think he would be looking to have a very bright future somewhere as an athlete. >> reporter: but the boy is buried now with the artifacts of his brief childhood, including that ripstik. garrett exits forever frame left. the mystery surrounding his killing still abides. ♪ this sunday, a growing pandemic. >> we can't be under any illusion that this virus is going to go away on its own. >> more than 50,000 new cases a day. >> i would not be surprised if we go up to 100,000 a day if this does not turn around. >> states shutting down, reversing or delaying reopenings. >> we've gone through hell. the last thing we want to do is go through hell again. >> president trump says the virus is being handled. >> i think that at some point that's going to sort of just disappear, i hope. >> and focuses instead on the culture wars. >> they are determined to tear
>> people call me a murderer. i'm 100% innocent. >> you could have heard a pin drop in that courtroom. ♪ ♪ >> potsdam. way upstate new york. a small speck on the map on the road to the canadian border. >> that they like to joke up there that there's more cows than people, and i don't think they're joking. >> in this sleepy place, with a main street from the 1950s, you'd think nothing happens that could possibly interest the outside world. but an epic story has unfolded here. a murder case for sure, but so much more than that. it's a little bit "fargo." >> it is a little bit "fargo." >> jesse mckinley, a reporter for the "new york times," was drawn to it. >> it's got a small town. it's got love triangles. it's got fated love. and those elements for a writer are irresistible. >> the woman in the middle of it all, tandy cyrus. >> a very pretty woman in a town where pretty women stand out. >> one of her lovers stood out too, nick hillary, as a black man in a predominantly white town. >> you still have people who will not accept interracial relationship. >> what happened between tandy and nick would tip the balance in a political campaign, give rise to a controversial lawsuit, and lure high-profile, big city attorneys to confront each other in a murder trial that attracted national attention. >> this has become a story that kind of echoes beyond st. lawrence county, and even beyond new york. >> except, when you drill down, it's as local as it gets, all about a small-town boy. this one. 12-year-old garrett phillips, tandy's son. garrett was a blur of a kid, perpetually set on fast-forward, according to his mom. >> he was very energetic. always on the go. always had to have something to do. >> people here remember him tearing around town on his ripstick, a little bit skateboard, a little bit snowboard, all hip action and balance. there goes garrett sidewalk-surfing his way home in 2011. did you think,"wow, my kid is really an awesome little athlete? >> yes. soccer, lacrosse, football, hockey. he was very good at everything. >> his bedroom wall -- a poster shrine to his sports heroes, including new england patriots quarterback tom brady. >> he's never really inside. wasn't much for video games. >> so it's got to be pitch black before he's ready to come in for the night? >> yes. >> but when he was still a toddler, garrett was dealt a devastating blow. the death of his father, robbie. >> garrett was nine months old when his dad had a brain aneurysm that ruptured. and then he was 2 when robbie passed away. >> tandy, a single mom, picked up the pieces as best she could. she studied at the police academy but eventually gave up law enforcement for a job in a credit union, where she became a loan officer. she also had a brief marriage, which gave garrett a kid brother, aaron. did garrett like to mess with him? >> all the time. >> he liked to play jokes a little bit, didn't he? >> yes. april fools was his favorite day of the year. >> then tandy moved in with a sheriff's deputy named john jones but it didn't last. how did the breakup go? >> not well. at one point she said that john shoved her during an argument, and that that was the last straw in that relationship. >> so in 2010 tandy was alone again, making ends meet by moonlighting as a bartender in a joint on potsdam's main drag. that's when nick hillary walked in and pulled up a stool. so he's just a customer who comes in? >> yes. he came in on evenings after he was done work and coaching. >> they came from different worlds. she was local, the frozen north. he was from lush jamaica. what's a happy memory from jamaica for you, nick? >> going to the rivers. just swimming all day. coming back home. mom has a great home-cooked meal waiting for you. i mean, you -- that's a fantastic day. >> he moved to brooklyn as a teenager and found his niche as a soccer star, earning a scholarship to nyu. but the kid from jamaica was still searching, so he ditched school for the army, just as the first gulf war was winding down. >> i said, let me serve a greater purpose for a while. >> three years in the army, all stateside, forced nick to grow up, and now he was ready for college. soccer was his ticket to st. lawrence university near the canadian border. here's a jamaican guy used to swim all day in the rivers and you're going to be in fields of snow for six months a year? >> exactly. exactly. you know, but in the summertime it brings me back, right back to jamaica again. >> weirdly, had you found something in upstate new york that worked out very well for you, a good fit? >> yeah. it sure was. >> he felt most comfortable on the soccer field, where his respectful teammates gave him a nickname. >> nick was the general. he was a leader. the general. >> so that was a tip of the hat both to his career as a vet -- >> yeah, absolutely. >> but also his traits as a person. >> yeah, his leadership traits for sure. i mean it fit him to a tee. >> in 1999 nick led st. lawrence to an undefeated season and a national championship, cementing bonds of friendship that remain tight today. >> just great person on and off the field. a great role model. >> yeah, he was our brother. he was our big brother. >> he was the glue that kept us all together. he brought us together. he arranged dinners at his house. he cooked for the whole team. >> is that the rasta pasta nights? >> the rasta pasta. absolutely. i mean, it was a staple of who we were as a group. >> after the championship season and graduation, nick kept leading. he became a coach and, in 2009, landed a plum job, head soccer coach at clarkson, just minutes from his alma mater. life was good. it got even better when nick, a father of three who'd drifted from his kids' mother, met tandy at that bar. him drinking guinness and diagramming plays on a cocktail napkin. what do you think the attraction was, tandy? >> conversation was just -- it was easy. >> the one thing that i liked about tandy, she had goals and ambition. >> things between the two heated up quickly, as these e-mails attest. from nick, i miss you millions. have a great work day. from tandy, i can't wait to get home to you. i love you. they were sharing a house, blending families, and going on vacations as a couple. nick took her to jamaica. but as they say in the islands, it wasn't a cool breeze being an interracial couple in potsdam, which is over 90% white. and, he said, it was particularly hard on garrett, tandy's boy. >> garrett was being teased at school because his mom is dating a black man. >> so he's getting schoolyard aggravation, huh? >> exactly. >> but whatever tensions garrett was feeling, it didn't keep him from his sports. they were always a welcome distraction. even on the fateful afternoon of october 24th, 2011. >> he was playing basketball with his friends in the gym. but i had got upset with him because he knew the rule was he had to go home and do his homework first. >> do your homework and then go play with your pals? >> right. so i made him go home. >> garrett blasted home on his ripstick on what seemed like a nothing-special, rain-dreary monday in potsdam, where community safety was a given. so no worries he'd be home first, home alone. what could possibly go wrong? as it turned out, a lot. >> potsdam police. >> a little after 5:00 p.m., a neighbor called police. >> hi. i live in an apartment house and the folks next to us, i thought i heard screaming like "no" and "help" a couple of times. so i knocked on their door, and i heard the lock click. >> coming up -- what had happened in that apartment? >> they get the key. they open the door. and they go inside. >> potsdam rescue. need an ambulance. >> someone had been in my apartment. >> i had no idea what had happened. >> when "dateline" continues. ♪ you must go and i must bide ♪ but come ye back when su-- mom, dad. why's jamie here? it's sunday. sunday sing along. and he helped us get a home and auto bundle. he's been our insurance guy for five years now. he makes us feel like we're worth protecting. 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>> inside the apartment. and then they get the key. they open the door. and they go inside. >> everything appeared to be in order. the living room was tidy, garrett's stuff all in place. ripstick propped against a wall. backpack in the corner. >> they walk to the back. they turn the corner there, and then they find garrett. he's lying there. they think at first he's sleeping. perhaps he's fallen. perhaps he's knocked himself out. but at that point he's pretty much in physical distress. >> potsdam rescue. need an ambulance to respond to 100 market street, apartment 4 and expedite. patrol on scene beginning cpr. >> the patrol officer called in the distressing details. >> unresponsive male. no pulse. the mother is tandy cyrus. >> isn't she john jones' ex-girlfriend? >> jones was a sheriff's deputy, so police knew tandy and tracked her down. she raced to the canton-potsdam hospital. >> and garrett's in a very bad way in the hospital. >> yes. >> what has happened? is there any information about this? >> when i got there, the doctor told me that he was in full cardiac arrest when they brought him in. but i had no idea what had happened. and couldn't understand how my 12-year-old had a heart attack. >> did you think at first that maybe this had something to do with his dad's problem? maybe there was something genetic, aneurysm or something that had happened to him? >> i honestly was in shock. and couldn't wrap my head around anything. >> and i don't really want to take you back there. but you're there when he finally gives up? >> yes. >> they can't bring him back. >> no. >> how awful for you. garrett phillips, unstoppable in life, was dead at age 12. what happens in the next few hours, tandy? >> it was kind of a blur. we were at the hospital for a while. we got sent home. and i slept in aaron's room with him. >> at the hospital tandy had been joined by some of the men in her life, her ex-husband casey collins and john jones, the sheriff's deputy. but no one notified nick hillary. turns out, he and tandy had split up the month before and he was no longer in her loop. so lieutenant mark murray of the potsdam pd called nick. >> mr. hillary speaking. >> it's mark murray of the potsdam police department. we had an incident occur this evening and we'd like to speak with you in regards to it. >> minutes later, lt. murray and two other investigators were at nick's door, a courtesy notification, they said. >> it's, we're going to reach out to all the people who are connected to this kid. what do they know? do they know anything about where he was or who he might have been with? >> attorney tom mortati represents the potsdam police. >> so mr. hillary, we have some bad news for you. >> yes. you know, mr. hillary expresses shock, i can't believe this, oh my goodness, puts his hands on his head. >> nick hillary says he remembers the moment well. >> i'm still broken up over the situation. he has lived with me. how could i not be affected by what has happened to garrett? >> nick wasn't dating tandy anymore and he told police he hadn't been in her apartment since she moved in two months earlier. the officers didn't stay long. an autopsy was scheduled for the next day, but police didn't wait for the results to reveal their suspicions to tandy. >> when was it that you started to get this awful news that there might be foul play? >> the next morning. >> how'd that happen? >> we'd gone down to the police station. and that's when they had made a comment that someone had been in my apartment. >> somehow, garrett's made it home and there's somebody there or follows him or something happens and he's attacked. >> yes. >> is it now a homicide investigation? >> yes. >> coming up -- >> this is a crime that does not happen in a place like this. >> a small town in fear. >> is there a break-in maniac out there? >> yeah, someone who is going to kill again? >> an urgent hunt for suspects begins. >> who are the people connected to his life? >> tandy's partners and husbands? >> absolutely. >> when "dateline" continues. nano-silver technology... ...in boomer face masks. certified 99.99% antimicrobial and helps block fine particles, repel moist droplets, and kill bacteria... protecting both you... and others. get the best protection for you. nano-silver face masks. available at boomer naturals, cvs stores & cvs.com. hi, i'm frankie thompson. the best dressed assistant locker room manager in the league. i'm here to help you protect your clothes from getting damaged in the wash. nah! that's why i use new downy defy. it helps stop stretching, fading, and fuzzing. that's what's up! we have an assistant locker room manager? help protect your clothes with new downy defy damage. to show up... ...for the sweet. the hectic. the tender. the tense. and the fiery. but for many, migraine keeps them... ...from saying... ..."i am here." we aim to change that... ...with... ...aimovig, a preventive treatment... ... for migraine in adults. one dose... ...once a month... ...is proven to reduce monthly migraine days. for some, by half or more. don't take aimovig if you're allergic to it. allergic reactions like rash or swelling can happen hours to days after use. severe constipation can happen. sometimes with serious complications. high blood pressure can happen or worsen with aimovig. common side effects include injection site reactions and constipation. it doesn't matter what each day brings. so long as you can say... ... i am here. aim... ...to be there more. talk to your doctor about aimovig. ♪ i got it all from you ♪ i'm always pushing through ♪ i know we'll make it to the finish line ♪ ♪ i know you're waiting on the other side ♪ ♪ i'm like you on-demand glucose monitoring. because they're always on. another life-changing technology from abbott. so you don't wait for life. you live it. >> october 2011. halloween was less than a week away, but the good folks of potsdam, young and old, were learning that a monster had arrived early. a child killer was in their midst. >> can you tell me if it was an adult that hurt him or -- >> we don't -- >> or children? you don't know? >> we don't know. it's still under investigation. >> news this bad traveled fast in a town where so many people knew the emts, the nurses and docs at the hospital, the cops. lieutenant mark murray is a life-long potsdam resident. >> at the hospital someone said he looked like he had been beat up. or he had -- he had injuries on his body. >> the boy had a rug burn on his knee. what's that tell you? >> the injuries on the knees indicated, along with other injuries, that there was a significant struggle. it was a violent struggle. this boy fought for his life. >> what do you think it is? like a choke hold? or hands -- fingers around the neck, or what? >> it's a combination of being sat upon and -- and smothered and asphyxiated. so it was a long process. it wasn't an instant death. >> a chilling headline summed it up -- "boy's death is ruled a homicide: police tell family 12-year-old garrett phillips was strangled; no suspects listed." >> from every indication this was a very tense scene. this is a crime that does not happen in a place like this. >> is there a break-in maniac out there? >> yeah. >> an intruder who kills children? >> absolutely. is there someone who is going to kill again, god forbid? >> in the vacuum of hard information, rumor took flight. >> is it true about some guy riding around on a bicycle molesting children? >> that one i haven't heard. hang on, though. >> but in the fog, a story that was gaining traction early on, an unsubstantiated report that garrett had been killed by one or more kids. attorney for the potsdam police, tom mortati. >> who was he with recently? did he have any issues with other kids? you know, who was he playing with that afternoon? >> calls continued coming in to the police hotline, townspeople begging for reassurance. from a school principal -- >> we're meeting with our staff right now. the news said that our student had died last night, was possibly beaten to death by another youth. >> back at the crime scene, police were beginning to pick up clues that suggested another possibility -- that the killer had to be an adult. >> the police kind of descend en masse and one of the things they see is that in a back bedroom there's a window that apparently has been pushed outward. the screen is ajar. >> so whoever's in there has to leave. and there's only one way out. and that's the second-story window. there's no fire escape. you're kind of up off the ground. >> the developing theory was that when a cop knocked at the door that window became the killer's only exit. police surmised that only a fit adult, not a kid, could make such a dangerous leap. >> there's kind of a shed structure beneath the window. >> yeah, about ten feet down. not an easy jump. >> a cracked tile was a big clue that the killer ricocheted off the shed on his way down to the ground, where police picked up another clue. >> they find a skid, kind of a gash in the -- in the grass below. and keep in mind it was a little bit muddy down there. >> so this is describing whoever the intruder was's exit from the property. >> yeah. what -- basically what they're arguing is that he jumped out of the window down to the shed, off the shed into the grass, and ran off. >> police wondered if the killer had injured himself on the way down, possibly limping away from the crime scene. but no one reported seeing someone flee. so police combed the area looking for fingerprints, shoeprints, dna. evidence was collected and sent to the crime lab. meanwhile, investigators began talking to those who knew garrett best. >> who were the people connected to his life? >> so tandy's partners and husbands. >> absolutely. yep. >> the list included ex-husband casey collins, former boyfriend john jones, and her most recent ex-lover, nick hillary. collins and jones had been with tandy at the hospital, and they even sat next to her during her interview at the potsdam p.d. the next morning. john jones is to tandy's left, holding her hand. casey collins was quickly eliminated as a suspect, because he had a solid alibi that placed him nowhere near garrett's apartment at 5:00 p.m. on october 24th. but john jones, the local sheriff's deputy, got a deeper look. >> so it's early hours, but something might be going on with john jones. you just don't know what it is, huh? >> potentially, yes. >> he told police he got home about 5:00, and he lives just two blocks from garrett's apartment. police say this is jones on a very grainy security video, across the street from where garrett passed on his skate ride home. in a police interview room, jones was asked to roll up his shirt and pants to check for possible wounds and a leg injury. meanwhile, tandy was talking to police, and she had some thoughts. strong thoughts. coming up -- >> they had asked if there was anybody i could think of that would want to hurt garrett, and there was only one person that came to mind. >> the chief of police there in potsdam indicated to another investigator that they had a pretty hot suspect and that they were lining up whatever evidence they could to try to make an arrest. >> when "dateline" continues. hey! yeah!? i switched to geico and got more! more savings on car insurance!? they helped with homeowners, too! ok! plus motorcycle, boat and rv insurance! geico's got you covered! like a blanket! houston? you seeing this? geico. expect great savings and a whole lot more. supreme court rejected the texas late to over turn the election victory in four states. saying it lacked standing to pursue the case. the electoral college meets monday to formally elect biden. the fda authorized pfizer coronavirus vaccine for emergency use. paving the way for millions of vulnerable americans to be vaccinated in the coming days. a major milestone in the pandemic that killed 295,000 people. now back to "dateline." >> tandy cyrus had lost her 12-year-old son. now she had to pull herself together to talk to the potsdam police. >> did they ask you who could possibly have something in for little garrett? >> yes. >> what'd you say? >> nick. >> nick hillary, the soccer coach, her most recent ex-boyfriend. >> there seems to be some discussion, who would want to harm garrett. and the name nick is raised. early on, it sounds like. >> the name nick was raised almost instantaneously, from -- from most indications. and whether or not that was justified or not, of course, is at the heart of the case. >> the videotape of tandy's interview with police is difficult to hear. but when she talked to "dateline," she described a different side of "the general," the nickname adoring teammates gave nick in his glory days. she came to believe it reflected a more controlling nature, and that's what she was telling the cops. >> he was very regimented. everything. his day started and ended with his planner. >> like 9:30 tomorrow morning i'm going to be doing thus and such and at 11:00 i'm going to be doing this? >> yes. very structured. >> did he bring that into your life and into the family? >> he tried. >> he tried. >> it wasn't well received. >> especially not by garrett, a spontaneous, ants-in-the-pants kid. but according to tandy, nick was increasingly acting the drill instructor with both the boy and his mother. >> if i didn't get garrett under control or get him on a more strict schedule, then when he got older i wasn't going to be able to control him. he was all about control. >> was that too much? was he asking you too much? >> very much so. that's not how i am. that's not how my kids were. and he wanted them to change. >> tandy said nick's inflexibility brought it all crashing down. she said garrett had told her about one incident with one of nick's children. >> there was kind of an argument between garrett and his daughter that turned into an argument between the two of us. he took his daughter's side and obviously i took garrett's side. and i chose my son. >> as tensions escalated, and with nick out of town, tandy had a heart-to-heart with garrett. he didn't hold back. >> he didn't like being in the same house with nick and his kids. and he just -- he wasn't happy. >> that was it. tandy told nick she was moving out. then, according to tandy, it was nick's turn to be unhappy. >> there was an argument. he told me that i was letting garrett make my decisions for me. and he was standing in front of the doorway blocking me. and he picked me up and carried me away from the door. and wouldn't let me leave. >> was that a scary moment? >> it was. >> was that a side of nick you hadn't seen to that point? >> yes. he ended up putting me down. and he just -- he put his hands up and stepped back. and i left. >> tandy says soon after that incident occurred she and her two boys moved into that second-floor apartment at 100 market street, and nick helped them move. >> we'd ended up having a couple different conversations. you know, trying to make it work. but living in separate households. and i had talked to garrett. and he said he was okay with it. he just didn't want to live in the same house with him. >> but according to tandy, nick wasn't okay with the new living arrangements. >> he showed up at my apartment in the middle of the night. >> middle of the night? >> uh-huh. >> while you're asleep, and then -- >> yes. because he had a key. >> where is he? you're -- you're -- you're in the bed -- >> i woke up and he was standing in my bedroom. >> that was it, the final straw in what tandy saw as nick's scary transformation. >> i was angry. so i told him that. that made me want my key back. i didn't want him to have a key anymore. >> when you give a girlfriend a key back, that's really the end of it. that's -- >> right. >> over and out. it was september. garrett had one month to live. the unwelcome drop-in, as well as tandy's other stories about nick made police suspicious. but what to make of her account? >> she tells a story about looking up from her bed in the middle of the night, midnight or later, and there's nick. >> that's what she says. that is not a substantiated account. that is her -- her saying that this happened. >> investigators started knocking on doors all over potsdam to get the lowdown on nick. tandy's side didn't pull any punches. attorney for the potsdam p.d., tom mortati -- >> family, friends, relatives. they all immediately thought, well, there's only one person that we can think of that might do something to garrett, and that was nick hillary. >> that he has reason to have a grudge against garrett, what, for breaking up this relationship? >> essentially, yeah. >> still wants to be with the mom? >> yep. >> tandy's parents gave statements to police. her mother wrote -- he kept telling me it was tandy's fault they broke up and that garrett was a factor. >> nick had gone to her parents to basically lobby them to help -- help me get back in tandy's good graces. i'm good for garrett. i'm good for her. you know, help them see the light. >> as investigators continued targeting nick, they say they still had the other ex-boyfriend, fellow cop john jones, on their radar. >> he provided a dna swab, fingerprints, let us photograph his shirt up and his pants up, and -- pretty much, whatever you need me to do, i'll do it. >> besides his eagerness to cooperate, police say his timeline -- with corroborating security video -- checked out. he's seen walking his dog around 5:13, about the time the officer arrived at garrett's apartment. >> i'm sorry, but nobody goes over to somebody's house to strangle somebody with their dog and then jumps out the window with their dog. >> so police dropped jones as a suspect. and even though tandy had had a bad break-up with jones, she told police garrett and jones were very close. >> what about john jones? >> absolutely not. >> wasn't possible? >> no. >> for tandy, it always was nick, and only nick, in the frame for the crime. police would continue investigating, but by day two pressure seemed to be mounting for a quick resolution. >> even the next morning, the chief of police there in potsdam indicated to another investigator that they had a pretty hot suspect, and that they were lining up whatever evidence they could to try to make an arrest. >> that conversation was recorded by the potsdam p.d., a routine procedure for calls in an out of the department. >> we got a 12-year-old that's lost his life. we got to lock somebody up. >> and we have a strong suspect at this point. um, and uh, we're just trying to get all of the ammunition against him at this point we can. >> so 24 hours after the murder, lt. mark murray, working his first homicide as lead investigator, went to observe nick on the sideline at clarkson's soccer game against suny-potsdam. remember, police believed the killer may have sustained a leg injury jumping from that second-floor window. would nick be limping? coming up -- >> were you aware the cops were running a camera on you as you coached the team? >> i had no idea. >> coach hillary -- secretly taped. did you think you saw a hitch in his gait? >> definitely. i put it in my search warrant affidavit. i observed a significant limp. >> and strongly questioned. >> am i a suspect in this thing? >> a man was treated like an animal and that's not allowed in the united states. >> when "dateline" continues. tc! nooooo noooooo quick, the quicker picker upper! bounty picks up messes quicker and is 2x more absorbent, so you can use less. bounty, the quicker picker upper. to treat her beforefrequent heartburn, 24hr marie could only imagine enjoying freshly squeezed orange juice. now no fruit is forbidden. nexium 24hr stops acid before it starts for all-day, all-night protection. can you imagine 24 hours without heartburn? see every yikes...... and even every awwwwwwww... wait, where was i? introducing self protection from xfinity. designed to put you in control. with real-time notifications and a week of uninterrupted recording. all powered by reliable, secure wifi from xfinity. gotta respect his determination. it's easy and affordable to get started. get self protection for $10 a month. >> not long after garrett phillips had been strangled, his mother told investigators nick hillary is your killer. and now police were urgently investigating the soccer coach. the night after the murder, a team led by lt. mark murray aimed a video camera at nick, as he prowled the sidelines while coaching a soccer game. they were looking for a limp, which would match their theory that the killer may have been injured leaping from that second-story window. >> the police had interviewed some other individuals at this point, and he's known to be an active guy on the sidelines. he's not doing that here. >> after videotaping nick throughout the game, police were convinced they saw what they came to see. did you think you saw a hitch in his gait that night? >> definitely. i put it in my search warrant affidavit. i observed the significant limp when he went off at halftime, i observed what i observed to be a limp. >> were you aware that the cops were running a camera on you as you coached the team? >> i had no idea. >> nick said he was focused on beating cross-town rival suny-potsdam, a big game. >> you're going to be seeing these guys around town. this is a game that we must win. >> he said he had nothing to do with garrett's death so he had no reason to think he was a suspect that night, or the next morning, when police asked him to come down to the potsdam pd and help their investigation. for what purpose? >> to see if i could identify a list of garrett's friends. >> are any of the kids in his grade monsters compared to him? or no? >> but then the conversation veered away from the list and kids. >> i mean you're here to help me with something i'm clueless about. >> so i'm clueless about it as well. >> nick seemed surprised by the cops' line of questioning. >> the questions i am being asked right now is not the questions i come down here to answer. >> what we would like to do is eliminate you as being part of this whole thing. >> am i a suspect in this thing? >> no. we -- what we would like to do -- we know -- >> you're using the word eliminate. it's a big word. >> everybody's a suspect to us. this whole town's a suspect. >> nick now realized he was being accused. he shut down. >> what time was practice on monday? do you remember? >> i have no comment. >> no comments on when practice was? >> jesse mckinley covered the story for "the new york times." >> i think at that point his argument would be i was scared. this was a scary situation. i seemed to be being singled out for a crime that i didn't commit. >> but lieutenant murray had a different take. he believed nick was not cooperating and for no good reason. >> he said, no comment. and i remember thinking to myself, you know, everyone else here is giving us any information, whether it's relevant or not. if the roles were reversed, i would be doing anything in my power to help figure out what happened to garrett. >> you have the right to remain silent. >> nick was then read his miranda rights. >> the two officers got up and barred the door, told me that i'm not allowed to leave. >> but you hadn't been arrested? >> was never arrested, i'm being held against my will. >> police were zeroing in on nick, and they were asking tough questions to his assistant coach, ian fairlie, at the same time. fairlie told them he had seen nick shortly after 5:00 p.m. the afternoon of the murder and he was acting normally. >> and this was supposedly ten minutes after he'd strangled someone to death. >> you're not trying to cover for him, right? i mean i know you guys are buddies, but -- >> no, i'm trying to be as honest as i can. >> all right. i'm going to be honest with you. it kind of looks like he did it. i don't know if you believe me or not, like if you believe he's capable of something like that. >> i don't think he would be capable of something like that. i mean actually i absolutely don't believe he would be capable of something like that. >> meanwhile, nick had asked for a lawyer. he was detained but still hadn't been arrested. police took his phone, wallet and car while they were waiting for a judge to sign a search warrant. for a proud army vet and prominent member of the college community, nick said his treatment was humiliating. >> they took my clothes. >> took pictures of you naked? >> as the day i was born. >> looking for what, scratches, cut marks? >> only they would know. >> so how long did this day last? >> seems like an eternity. >> then, after about nine hours inside, police released him. >> this was from early in the mornings till about after 5:00 when i was released in a hazmat suit. >> you didn't get your clothes back? >> nothing. didn't have keys to go into my apartment, didn't have my wallet with any kind of identification if i should get stopped in the street to identify who i am. it's an inhumane way to be treated. >> the next day he felt branded in his own community. >> and there was a big spread in the newspaper clearly stating that the police had questioned me. >> realizing he was the prime suspect and perhaps the only suspect, nick started to fight back with the help of a good friend who happened to be a lawyer, former teammate mani tafari. >> yeah, this was tunnel vision. the powers that be that wanted to get mr. hillary for this always had that intention. >> nick told us that he wasn't at garrett's apartment that day. and he denied the accusations tandy had made to police. >> saying that there was bad blood between you and garrett. >> that's very, very shocking and surprising. >> did you ever have a butt head moment with him, nick? >> no. >> an issue of do the homework, or do the chores? >> no. no. >> october 2011. how were things with you and tandy? >> things were great between tandy and i. >> but not boyfriend-girlfriend? >> but not boyfriend and girlfriend. >> did you want to get back with tandy? >> no. >> did you have a key to her house still? >> no, i didn't. >> and by this point, nick and his lawyer had also seen that sideline video police had shot of nick the night after the murder. to them it was eye-opening. they said it didn't show what police said it did, a significant limp. >> that turned out to be untrue. >> watch as nick strides off the field at halftime. he doesn't appear to be limping at all. >> i had no limp. i was myself that night on the sideline with the exception of a heavy heart because of what had happened to garrett. >> and like the soccer champions they were, nick and mani were not only playing defense, they went on offense too, blasting police for what nick says they did to him at the station. >> a man was treated like an animal, and that's not allowed in the united states. >> so they vowed to sue the village of potsdam and its police department for violating nick's civil rights. >> we live in a country where when rights are violated citizens can stay silent and continue to have those rights violated, or you can stand up. >> coming up -- a startling new videotape clue. garrett on his way home. and whose suv was that seeming to follow him? >> is that nick hillary in his car in that parking lot? >> when "dateline" continues. these are real people, not actors, who've got their eczema under control. with less eczema, you can show more skin. so roll up those sleeves. and help heal your skin from within with dupixent. dupixent is the first treatment of its kind that continuously treats moderate-to-severe eczema, or atopic dermatitis, even between flare ups. dupixent is a biologic, and not a cream or steroid. many people taking dupixent saw clear or almost clear skin, and, had significantly less itch. don't use if you're allergic to dupixent. serious allergic reactions can occur, including anaphylaxis, which is severe. tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. if you take asthma medicines, don't change or stop them without talking to your doctor. so help heal your skin from within, and talk to your eczema specialist about dupixent. if your financial situation has changed, we may be able to help. special guest flo challenges the hand models to show off the ease of comparing rates with progressive's home quote explorer. international hand model jon-jon gets personal. your wayward pinky is grotesque. then a high stakes patty-cake battle royale ends in triumph. you have the upper hands! it's a race to the lowest rate, and so much more. only on "the upper hands." if you ntry gain flings.st rate, to fresh laundry more. they have more freshness ingredients compared to bargain liquid detergent. they have 3 super powered ingredients that fight stink oxi boost febreze odor remover and concentrated detergent. try gain flings and smell the difference. understanding how to talk to your doctor about treatment options is key. today, we are redefining how we do things. we find new ways of speaking, so you're never out of touch. it's seeing someone's face that comforts us, no matter where. when those around us know us, they can show us just how much they care. the first steps of checking in, the smallest moments can end up being everything. there's resources that can inform us, and that spark can make a difference. when we use it to improve things, then that change can last within us. when we understand what's possible, we won't settle for less. the best thing we can be is striving to be at our best. managing heart failure starts now with understanding. call today or go online to understandhf.com for a free hf handbook. a little boy was dead, and potsdam was in mourning. schools emptied out for a memorial service for garrett phillips, that sixth-grader so exuberant in his 12 years of life. then, later that week, the funeral at this church. for his mother, tandy, it was all a blur. >> i remember being at the church. i remember being at the funeral home. it's just a lot of people. >> garrett was laid to rest in the nearby town where his mother grew up. he's buried next to the father he barely knew. >> is it true you buried him with the ripstick? >> yes. >> that was mom's decision? what do you think that says about who that little boy was? >> you know, that and his lacrosse stick were his most prized possessions. so i wanted him to have them. >> she said goodbye to her boy, but now, as police continued to zero in on nick hillary, she hoped to get answers for him. >> did you know that they had brought nick in for questioning? >> yes. >> do you think there's going to be an arrest at that point, tandy? >> i had thought there was going to be one very quickly. >> but nick hillary was just as adamant he was an innocent man, hounded, he claims, by a blinkered rush-to-judgement investigation that didn't turn up any evidence because he didn't do it. >> why did they believe that you were their person of interest? >> i wish i knew. >> police were trying to make a case against him, though in the months that followed search warrants on nick's home, phone, and car yielded nothing. forensics came back and did not match nick for hair or fibers. techs did find fingerprints around that pushed-out window, but they matched no one known to the case. and the imprint in the slushy grass below? useless. even initial tests on dna scrapings taken beneath the boy's fingernail proved inconclusive. and what's more, two people were vouching for nick's whereabouts around the time of the murder. >> i was with my -- my daughter and my assistant coach during this time period. >> so they are what they call in criminal investigations your alibi witnesses? >> exactly. >> nick's teenaged daughter would say in a deposition that her dad was with her at their apartment here on leroy street from 5:00 to 5:15 p.m. assistant coach fairlie said nick came to his house here on garden street around 5:21. their accounts would seem to make it impossible for nick to have been here on market street about 5:00 p.m. when garrett was being attacked. >> there were no arrests. there was no grand jury. there's no indictments. there's nothing. they really were kind of at -- at their wits' end in a sense. >> police did pull up security video around potsdam, and they noticed a car that looked like nick's honda crv, creeping through the high school parking lot around the time garrett was to skate by. but the camera shots were too far away to i.d. plates or the driver. despite the continuing lack of hard physical evidence against him, in the court of public opinion, nick was a marked man. >> being out and about in the community, fingers are being pointed. conversations are being whispered. people will drive past our house and call me a murderer. my house has been egged. >> that's something he maintains to this day. that he has been made a pariah in that community which he felt a part of. >> this black male being singled out in this most white part of the world. >> absolutely. and i think to some extent nick's case fits into that narrative of a black man falsely accused. >> but unlike the stalled criminal investigation, nick's lawyer mani tafari was moving ahead with the civil lawsuit against lieutenant murray and the potsdam police. a suit filed for detaining nick all day without arresting him, and allegedly degrading him by taking photographs of him naked. >> mr. hillary could have held his head down and ran away. he believes in civil rights. he believes in his rights as a man. and he's going to stand up for those rights. >> i did not violate his rights in any way, shape, or form. i executed a lawful search warrant of his person while he was at our station. >> lieutenant murray and the potsdam police department deny the allegations in the civil suit. and potsdam's insurance company hired tom mortati to defend the police. believing that the best defense is a good offense, mortati decided to turn the tables on nick and his lawyer. >> so what's your strategy? >> to prove that nick killed garrett phillips. >> and therefore, your clients, the cops, were justified in doing everything they did that he thought was a deprivation of his rights. >> bottom line, yes. >> a preliminary step in these cases, before the lawsuit is actually filed, is a proceeding called a 50-h hearing in which the defense attorney, in this case tom, gets to question the plaintiff, nick hillary. >> does he have to answer? >> no. he can assert his fifth amendment privilege. >> april 2012. tom purposely picked a non-descript conference room in potsdam's municipal building for nick's deposition. he chose not to videotape it. >> i wanted to keep it low-key. 'cause in the event he's talking, i want him to keep talking. >> how did it go? >> well, mr. hillary was talking. >> tom's main goal was to get nick to admit that he was in the car seen on that security camera video. up until then police had suspicions, but no proof. >> unlike the movies, you can't zoom in on the license plate or let's -- let's zoom in on the guy's eyeglasses and oh, that's -- that's so-and-so behind the wheel. it doesn't work that way. so the number one question at that time was, is that nick hillary in his car in that parking lot? >> so tom asked a series of questions and, to his surprise, nick readily answered them. mr. hillary, at any point on october 24th of 2011, were you at potsdam high school? yes. how did you get there? i drove. did you drive the honda? yes. and why was nick at the high school on that rainy day? he said it was to watch a soccer game. but notice the yellow school bus, it's blocking his view. >> his vision of the soccer field's obscured by a giant yellow school bus, the concession stand and the stands next to the field. you can't see the soccer field. >> coming up -- an admission under oath. >> and he didn't take the fifth, and the police are ecstatic with what we've got. >> and -- >> it was the thing i had prayed for. >> make way for a new d.a. >> she was going to do everything she could to bring justice for garrett. >> exactly what would that be? 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the answer, according to tom, was about to skate into view. at 4:52 p.m., here comes garrett at the bottom of the screen. cruising down the sidewalk on his ripstik, blissfully unaware that in just a few minutes he'll be viciously attacked and left for dead. after about 16 seconds on camera he skates out of frame, turning left on his way home. >> nick's brake lights come on within a second of garrett going out of view. and he backs his vehicle out. >> but nick did not admit to following garrett. he didn't admit to even seeing garrett. instead he told tom -- >> i went home. i went straight home. i didn't stop anywhere else. >> which, nick acknowledged, should be with a right turn out of the parking lot. but when his honda reached the t-intersection, a crossroads for this case, nick didn't go right. instead, he turned left, going in the same direction as garrett. six months after garrett's death, this civil lawyer had breathed new life into a dormant murder investigation, extracting what seemed like powerful new evidence from the prime suspect. but would it be enough for the >> he didn't take the fifth, and the police are ecstatic with what they got. >> but the person he had to convince was nicole duve, the then district attorney for st. lawrence county. so he sent her the transcript of nick's deposition whereinhe school parking lot and which seemed to be tailing garrett before he was killed. but the d.a. said it still wasn't enough. >> she believed there was not enough evidenced to convict nick hillary let alone arrest him. >> not a winnable case. >> not a winnable case. >> the d.a. met with tandy and told her the same thing. >> she used like a scale as example and it was one little pebble at a time and they just didn't have enough yet. >> she couldn't get enough pebbles to tilt it this way. >> right. >> the case went into a deep freeze and it seemed like it might stay there. >> in that town, this sort of crime is so out of the ordinary, so unheard of, that the fact that they were not able to find someone quickly and make a case quickly and convict them quickly and put this behind them has been enormously frustrating. >> tandy, frustration. what is your word about how you feel? >> i don't know if i can say it on camera. just the level of frustration is -- there's no words really. >> out of frustration and sorrow, garrett's family, led by his uncle brian, put up "justice for garrett" signs all over the county. the message from a smiling garrett was both subtle and direct -- do the right thing. >> brian was very close with his brother robbie, garrett's dad. so we lost robbie. and then losing garrett the way that we did, brian's never stopped. >> he wouldn't let this become a cold case. >> never. >> and then in 2013 mary rain, a former cop and public defender, decided to run for district attorney. >> politics has raised its head here. >> absolutely. and her prime campaign theme if you will is there's a murderer running around and nobody's done anything about it. >> the only thing i would promise is that would be my top agenda as soon as i got into office. so i spoke with tandy the next day and we talked for about two hours. >> you didn't promise her results. you promised her your professional interest. >> exactly. i promised her i would put a lot of work and energy into it. >> tandy took to the stump to campaign for mary. >> she was interested in your case? >> yes. >> passionate about it? >> very. she was going to do everything she could to bring justice for garrett. >> ten days before election day, mary knew she still had ground to make up if she had any hope of becoming the new d.a. >> and you needed something. >> you know, help from up above, that never hurts. >> she calls it her campaign miracle. >> i was in church one morning. i sat there and i said, you know god, i need some help. >> and help came that same day, when according to tandy the incumbent d.a., while out campaigning, unwittingly walked up to her house. >> she had no idea that she was door-belling -- >> well, she looked -- >> -- the mother of the boy. >> yeah, she saw my sign in the, in the yard. and she was trying to change their minds or their opinions to vote for her. and then she realized where she was. and she left. >> tandy was incensed because she says the d.a. refused an invitation to speak with her and instead just walked away. tandy took to facebook to vent -- someone just paid a visit to my house that left me feeling like my family is very unimportant! >> how did it feel to hit "send?" >> good and a little scary. i'm not the type to rant on facebook. i generally stay away from the -- the drama side of it. but i was angry. >> and once i read that facebook post, i thought, who does that? and i immediately private-messaged tandy, and i said, this just makes me cry. and she said, there is no crying. but that's hard to get past. >> tandy let mary re-post the incident to her facebook friends, and from there it went viral. >> it was the thing i had prayed for. >> a big news splash in the county. >> kind of a political stumble. you know, it makes nicole duve look like she didn't have a handle on things. that if she didn't even know where the victim's mother lived, how could she find the victim's killer? >> on election night the voters spoke. mary rain came from behind to win the d.a.'s job, 52%-48%. the two potsdam voters with perhaps the greatest rooting interest in the outcome had opposite reactions. >> i felt relief. i felt like something was finally going to happen. >> i was alarmed a little bit, not surprised. >> the new d.a., as promised, immediately plunged into this confounding case, and she'd soon get lucky again and come up with something her predecessor never had, the prime suspect under oath, but this time on video. coming up/ -- nick hillary's hazy memory. >> i cannot recall. >> i cannot recall. >> i cannot recall. >> if people remember why they broke up with their high school girlfriend, you can't remember why this relationship broke up? >> investigators wanted to know, did he have something to hide? >> can you describe your relationship with garrett up until the point you and she ms. cyrus broke up? [ indiscernible ] did garrett like you? >> he never said he disliked me. >> when "dateline" continues. >> when "dateline" continues certified 99.99% antimicrobial and helps block fine particles, repel moist droplets, and kill bacteria... protecting both you... and others. get the best protection for you. nano-silver face masks. cvs stores & cvs.com. we're at the movies and we need to silence our phone. who knows where that button is? i don't have silent. everyone does -- right up here. it happens to all of us. we buy a new home, and we turn into our parents. what i do is help new homeowners overcome this. what is that, an adjustable spanner? good choice, steve. okay, don't forget you're not assisting him. you hired him. if you have nowhere to sit, you have too many. who else reads books about submarines? my dad. yeah. oh, those are -- progressive can't protect you from becoming your parents, but we can protect your home and auto when you bundle with us. look at that. every minute. understanding how to talk to your doctor about treatment options is key. today, we are redefining how we do things. we find new ways of speaking, so you're never out of touch. it's seeing someone's face that comforts us, no matter where. when those around us know us, they can show us just how much they care. the first steps of checking in, the smallest moments can end up being everything. there's resources that can inform us, and that spark can make a difference. when we use it to improve things, then that change can last within us. when we understand what's possible, we won't settle for less. the best thing we can be is striving to be at our best. managing heart failure starts now with understanding. call today or go online to understandheartfailure.com for a free heart failure handbook. county's new d.a. in january 2014, and the first file that she cracked open, as she had promised in the campaign, was the garrett phillips case. >> and i'm disheartened to see a folder, a lone folder, sitting in the office, which is about this thick. and i realize this is a murder investigation. it's deficient. >> but the file was about to get a huge addition. tom mortati was just weeks away from putting nick hillary under oath again in the civil lawsuit nick brought against police. >> i prayed, honestly, for -- for some guidance and to -- to just to be able to do my job and to help in whatever way that i can. >> this time lieutenant murray and his chief, who both happen to be defendants in the lawsuit, would be sitting in on the deposition, taking notes for their criminal investigation. and nick would be on video. >> how are you going to advance your story? what's the strategy? >> well, i want him to reaffirm all of the things that he's previously told me under oath. >> yes, that is my car. i'm driving it. >> right. i want him to be saying it on camera because the whole purpose of videotaping this had nothing to do with the civil case at all. this is totally about -- this video is going to be played in front of a grand jury someday and a criminal jury someday. >> acting as de facto prosecutor, tom would be mary rain's best chance to get justice for garrett. >> good morning, mr. hillary. >> tom, heard off-camera, asked the questions. nick hillary's attorney, mani tafari, also off-camera, was raising objections to protect an appeal. still nick did go on to answer almost everything. >> at some point, did that relationship that you had with miss cyrus end? >> objection. relevance. >> yes. >> but when the questions turned personal, nick seemed to get a case of amnesia. >> did you approach miss cyrus and discuss with her the possibility of breaking up? >> i cannot recall. >> did miss cyrus ever discuss with you her two boys' relationship with you as a basis for ending the relationship? >> i cannot recall. >> if she had told you that that's why she wanted to end the -- the relationship, is that something you think you would have remembered? >> objection. >> i cannot recall. >> people remember why they broke up with their high school girlfriend. you know, you can't remember why this relationship with a woman you lived with for seven or eight months broke up? >> tandy had said she broke up with nick because garrett hated his rules. and this is the heart of the theory of motivation in this crime. >> exactly. >> that garrett is dead because nick hillary believes that he was an obstacle in the way of him ever being with tandy, that the boy had caused the breakup. >> right. it goes to motive. it goes to what's his underlying state of mind. >> can you describe for me your relationship with garrett up until the point in time where you and miss cyrus broke up? >> objection. relevance. >> we had a positive relationship. >> do you know if garrett liked you? >> he never said he disliked me. >> tom also probed nick about his behavior after tandy moved out. >> did you ever show up in ms. cyrus's apartment in the late evening hours, letting yourself in on your own? >> no. >> if ms. cyrus has provided a sworn deposition to the police indicating that that did in fact, occur, was she lying when she gave that testimony? >> yes. >> police had a theory that the killer was injured in the escape leap, and they claimed they had video of nick limping at the soccer game the next night. when tom asked him about it, nick admitted he had injured his ankle. but said it happened before garrett was killed. >> mr. hillary, at any point prior to october 24th of 2011, did you suffer an injury to either one of your lower legs? >> objection. relevance. >> yes. >> can you tell me the circumstances under which that occurred? >> i was moving furniture around in my new apartment. >> approximately when did that occur? >> objection. relevance. >> i cannot recall. >> what kind of piece of furniture was it? >> objection. relevance. >> i cannot recall. >> did you trip over the piece of furniture or drop something on you or something else? >> objection. relevance. asked and answered. >> i cannot recall. >> mani tafari maintains nick's ankle injury had no connection to the crime or the crime scene. >> if there were abrasions, we should have some dna that's linking mr. hillary to this. and we do not. >> as in the first deposition, tom asked nick to describe his route home on the day of garrett's murder. but this time, nick suggested that if he turned left, it would have been to visit his assistant coach. >> typically if i make a left out the parking lot, i would be checking in with my assistant coach who lived on garden street, which is what i would normally do. >> is that what you did that afternoon? >> i cannot recall. >> you don't recall whether or not you stopped in to mr. fairlie's apartment on garden street that afternoon? >> that is correct. >> and i interrupt him and say, well, wait a minute, you've already told me previously under oath a year and a half ago you didn't go anywhere else. >> you didn't make any stops anywhere on your way between leaving potsdam high school and going to your apartment that afternoon. do you recall giving that testimony at your 50-h examination? >> if that's what i said, that's what i said. >> if you turned left out of the parking lot to go home to your apartment, what route did you take? >> objection. >> i cannot recall. >> when it was over, tom mortati had a gift for the new d.a., mary rain, more than six hours of nick on tape, under oath. everything he said. everything he couldn't recall. so rare from a prime suspect who was not talking to police. >> i've always described this as the o.j. case backwards. you know, in o.j. you had a criminal trial, and then there was a civil case. and here, it -- the exact opposite happened. >> you have regrets about going the civil route in the midst of this criminal case? >> i regret that mr. hillary was targeted due to his race. and i have no control over that. that is the only regret i have in this entire situation. >> d.a. rain, who had campaigned on getting justice for garrett, now believed she had enough evidence to take to grand jury. but in a perplexing case that still had gaping holes, no dna, no forensics, no eyewitnesses, this road to indictment would hit an unexpected pothole. coming up -- a bold new strategy. >> you take samples of dna that previously would have been cast aside and attempt to make sense of them. >> prosecutors wondered, could nick's dna really be at the crime scene after all? when "dateline" continues. these are real people, not actors, who've got their eczema under control. with less eczema, you can show more skin. so roll up those sleeves. and help heal your skin from within with dupixent. dupixent is the first treatment of its kind that continuously treats moderate-to-severe eczema, or atopic dermatitis, even between flare ups. dupixent is a biologic, and not a cream or steroid. many people taking dupixent saw clear or almost clear skin, and, had significantly less itch. don't use if you're allergic to dupixent. serious allergic reactions can occur, including anaphylaxis, which is severe. tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. if you take asthma medicines, don't change or stop them without talking to your doctor. so help heal your skin from within, and talk to your eczema specialist about dupixent. if your financial situation has changed, we may be able to help. if your financial situation has changed, how to get their dishes as clean as possible. i tell them, you should try cascade platinum plus the power of oxi. cascade platinum + oxi breaks down food soils some detergents can leave behind, cleaning up to 99% of visible and invisible food residue then washing it away so it doesn't redeposit on your dishes. and oxi is cascade's most powerful clean, formulated with no chlorine bleach. for a deep, hygienic clean you can see and feel cascade + the power of oxi. hello. i'm dara brown. here's what's happening. the fda has given the green light for the covid-19 vaccine. meanwhile the cdc director robert redfield warns that the u.s. is likely to see a daily death toll exceeding that of 9/11 for at least another two months. the supreme court has unanimously rejected texas's bid to nullify the result of the battleground states voting for joe biden. now back to "dateline." may 2014. 2 1/2 years after garrett phillips skated home for the last time, d.a. mary rain was finally putting the case before a grand jury. her key piece of evidence? >> if i make a left out the parking lot -- >> nick hillary's own words from his video deposition for his lawsuit against the potsdam police. no one can talk about grand jury arguments, but the civil deposition, safe to say, was very important. >> extremely important. we couldn't have put him in the places where he put himself. >> on may 15th nick hillary was indicted and arrested. >> 100% innocent. >> charged with second-degree murder, he was led away in handcuffs by lead investigator mark murray. >> no ruckus? no to-do? >> no ruckus, no to-do. just us walking nick into the station. >> nothing, however, has been ordinary in this extraordinary case. five months later, a judge threw out that indictment on the grounds of prosecutorial misconduct. >> the judge in the case decides that mary rain acted inappropriately. that she injected opinion. that she obviously was not pursuing justice, per se, but was pursuing nick. >> the judge read transcripts of the proceedings and determined that the d.a. bullied nick's daughter, an alibi witness, asking her the same question 13 times. >> it's cross-examination. there was no bullying. he's not there. he doesn't know my tone of voice. so he's surmising something that just didn't occur. >> mary rain had taken a legal roundhouse blow to the chin, but she got up to fight again. there was no question you were going to refile it. >> absolutely no question at all. >> using the same evidence, but toning it down, the d.a. won another indictment, and this one stuck. tandy felt finally vindicated. you believe nick hillary killed your boy? >> yes. >> for what reason, tandy? >> i mean, for whatever reason, he did not like my son. he was a problem for him. he was in his way. >> meanwhile, nick hillary was gearing up for his biggest match ever. his very freedom was at stake. >> i have stated that since day one, i'm 100% innocent. >> nick's old friends and supporters had helped him make bail, although, in potsdam he faced visible reminders of the strong feelings against him at every turn. lawn signs are everywhere in your town, "justice for garrett." what do you think? they're everywhere. >> they're everywhere. i mean, for my own sanity, i have told myself "justice for garrett" sign is a good thing because i need justice for garrett. >> but justice of any kind was grinding slowly. and the case was attracting attention. two legal heavyweights from new york city joined nick's team. norman siegel, a civil rights lawyer, and earl ward, a celebrated criminal defense attorney. >> for people like that to be involved in the case shows you that the case is echoing beyond. >> is this shaping up as another test of racial justice in the criminal justice system? >> i think for the defense team they don't believe that nick did this and they think he's being railroaded. and they feel that part of that has to do with his race. i think for mary rain and the prosecution team that is the last thing that they want. they want this to be a murder trial. and they want this to be about a 12-year-old boy who lost his life at the hands of a killer. >> nick's supporters, including his former teammates, remained adamant that their friend was innocent. >> it's not possible. i mean he's just -- he's such a caring and compassionate, loving person. he's been around kids his entire life. >> even on the worst day of his life, something happened, you can't get there, huh? >> not a chance. >> these teammates are among countless friends and supporters behind the website "truth for nick hillary." they dipped into their pockets and helped fund his defense and also paid his everyday bills once he was fired as soccer coach after his arrest. and you're now putting your money where your sentiments are? >> uh, yeah, all these guys are. >> yeah, we've had hundreds of people on the donation site itself contribute whatever they can. >> a trial date was set for september 2016. nick's teammates would stand by him in open court. so it's in championship season again. >> this is -- >> this is more than a ring now. >> this is more than a ring. you know, this is, this is, this is life and death. >> but first, both sides braced for a summertime fight that could tilt the balance. it was over dna. did it exist? was it nick's? and whatever it was, was it even admissible? no hair, tissue, or fingerprint belonging to nick was found at the crime scene. and testing on that tiny mix of dna under one of garrett's fingernails had been inconclusive. >> the initial sampling of this, the initial testing of this, showed that it could neither include nor exclude nick hillary. >> so with traditional dna chemistry not implicating nick, prosecutors opted for something revolutionary, a new kind of computer-driven dna analysis from a company in new zealand. >> whereby you take samples of dna that previously would have been cast aside because they were too small, they were too difficult to analyze properly. you take those samples and attempt to make sense of them using a computer algorithm. >> prosecutors said the new tests came back a match for nick. not so fast, argued the defense. too unorthodox. too unreliable. >> after every reputable organization or testing sites told them, look, there's nothing connecting this guy, they went to a different continent, to new zealand, to try to get something to stick, and it didn't stick. >> in the end, the judge agreed with the defense. pretrial he ruled that the prosecution could not use the newfangled dna analysis, a major setback. do you still have a case, absent that science? >> we still can do it based on the other evidence that we have. >> to be determined, as they say, setting the stage for nick hillary to, at last, have his day in court. the trial, finally, was about to get under way. >> i think that it has taken so long to find justice for garrett, as it were, that this has become one of those stories that people will talk about for a very long time, regardless of how the verdict turns out. coming up -- >> i will continue to fight until i don't have anything left. inside of me to fight. >> nick and tandy face-to-face. you're going to be going up to the stand, and inside the rail will be nick hillary. are you ready for that moment? >> i am. >> the showdown begins. >> every single fact in this case points to him. >> i'm 100% innocent of the accusations that i'm facing. >> and you could have heard a pin drop in that courtroom. >> when "dateline" continues. c >> when "dateline" continues finish quantum with activeblu technology, cleans without pre-rinsing. switch to finish and skip the rinse to save water. to show up... ...for the sweet. the hectic. the tender. the tense. and the fiery. but for many, migraine keeps them... ...from saying... ..."i am here." we aim to change that... ...with... ...aimovig, a preventive treatment... ... for migraine in adults. one dose... ...once a month... ...is proven to reduce monthly migraine days. for some, by half or more. don't take aimovig if you're allergic to it. allergic reactions like rash or swelling can happen hours to days after use. severe constipation can happen. sometimes with serious complications. high blood pressure can happen or worsen with aimovig. common side effects include injection site reactions and constipation. it doesn't matter what each day brings. so long as you can say... ... i am here. aim... ...to be there more. talk to your doctor about aimovig. aim... ...to be there more. you're choosing to get connected to the most to xfinity mobile, reliable network nationwide, now with 5g included. discover how to save up to $400 a year with shared data starting at $15 a month, or get the lowest price for one line of unlimited. come into your local xfinity store to make the most of your mobile experience. you can shop the latest phones, bring your own device, or trade in for extra savings. stop in or book an appointment to shop safely with peace of mind at your local xfinity store. five long years after garrett phillips was killed, the case of new york state v. nick hillary went to trial. nick and tandy, former lovers, would be together in the same courtroom. you're going to be going up to the stand. and inside the rail will be nick hillary. are you ready for that moment? >> i am. >> as tandy readied to face her ex-boyfriend in court, nick came face-to-face with the possibility of a conviction. >> there you'll be given another jumpsuit, put in a van, and taken away. >> i would fight and i will continue to fight until i don't have anything left inside of me to fight, just the same way i'm fighting right now. >> the trial was shaping up as a battle between seasoned, successful attorneys. the venerable team of earl ward and norman siegel for the defense. for the state, d.a. mary rain asked bill fitzpatrick, a renowned prosecutor from another county, to take the lead in court. so you bring in fitzpatrick from down in syracuse for what reason? >> well, bill fitzpatrick has over 75 homicide prosecutions himself. he's been a prosecutor for over 24 years, and i've been a prosecutor for over two. >> almost immediately, a courtroom bombshell. ten jurors had been quickly selected, all white, when nick and his defense team made a shocking announcement. they were opting for a bench trial, letting judge felix catena decide nick's future. "new york times" reporter jesse mckinley. >> i think their calculation was, we're better off going with a legal mind, someone that knows the law. >> so they're arguing it to the judge? he will be the judge and the jury in this. >> absolutely. [ gavel ] >> good morning, everybody. please be seated. mr. fitzpatrick, your opening statement. >> thank you very much, your honor. >> bill fitzpatrick laid out the state's case, painting a portrait of nick hillary as a scorned lover and a liar. he said nick's own words from his video deposition given under oath would nail him. >> the only reason he has to lie is because he was killing garrett. >> but longtime civil rights attorney siegel said nick is an innocent man and could prove he was home at the exact time garrett was being attacked. >> you can't be in two places at the same time. and nick hillary went home. >> it was all part of a rush to judgment by police, argued siegel. >> there is naturally a cry for justice. a cry for someone to be held accountable. but it must be the right person. nick hillary is not the right person. >> after opening arguments, cameras were removed for all testimony. the prosecution called the victim's mother to the stand as its lead-off witness. tandy told the judge what she'd told us, that nick was unhappy about her breaking up their relationship. >> she was absolutely cool as a cucumber. she rarely let emotion get to her. she was a very controlled, very competent witness. >> and she testified about the times, she said, nick let himself into her apartment uninvited. >> i was getting very annoyed with the fact that he wouldn't leave me alone. >> he obsessed about the breakup. >> next, the prosecution presented evidence that garrett died from a choke hold, a ghastly combination of strangulation and asphyxiation. rug burns on garrett's legs and red marks on his neck pointed to a desperate struggle. it was a crime of passion, insisted fitzpatrick, pointing to nick as the only person hostile to garrett. >> this is somebody that chokes the life with a high degree of hatred of a 12-year-old boy. >> he talks about an amicable breakup. >> it was not amicable at that point because he was not happy. tandy was amicable, but he was not. he was very, very angry. >> prosecutors used video to try to prove their case, a one-two punch of nick hillary on camera. they played for the judge the security video of nick's honda in the high school parking lot, as they saw it, stalking garrett. >> that's the most important witness in this case. a neutral camera sitting on top of a school. >> the state also presented that critical video of nick, under oath, from his deposition in his civil case. >> something happens, which i will affectionately refer to as the gift that keeps on giving. that person is telling lies, frankly, too numerous to catalog. >> one lie, according to the state, involved nick's damaged ankle. remember, during his deposition nick said he hurt it before garrett's death. >> mr. hillary, at any point prior to october 24th of 2011, did you suffer an injury to either one of your lower legs? >> objection, relevance. >> yes. >> can you tell me the circumstances under which that occurred? >> i was moving furniture around in my new apartment. >> prosecutors attacked that story when the medical examiner took the stand. he commented on photos police took of nick's ankle just two days after garrett was killed. >> his ankle is swollen. it's got a very fresh cut. dr. sikirica, our m.e., said the cut is 24 to 48 hours old. >> a fresh cut, prosecutors theorized, caused by nick's desperate escape leap from garrett's second floor apartment. and then what prosecutors called another lie, the big one at the heart of their case, when nick talked about where he went after driving out of the school parking lot just minutes before garrett was choked to death. >> according to him, at least a dozen times under oath, i went straight home back to my daughter. straight home. >> you went straight home after you left the potsdam high school that afternoon, correct? >> yes. >> straight home would have meant turning right. but nick turned left just like garrett. prosecutors laid it out with dramatic flair. here was nick, under oath, caught in a lie confirmed by the video. >> mr. hillary doesn't turn right. he turns left because he's hunting garrett phillips. >> maybe the prosecution's best evidence is this videotape, the journey to the field to look at the soccer team. >> yeah. prosecution says it's their most conclusive piece of evidence. >> rainy day in potsdam. the last few minutes of garrett's life. >> yes. and when they were playing that tape, which is about five minutes long in that courtroom, you could've have heard a pin drop. >> the state argued that when nick wasn't lying, he had very suspicious lapses in memory about the day garrett was killed, a convenient forgetfulness, said prosecutors, highlighted by three simple words. >> i cannot recall. >> i cannot recall. >> i cannot recall. >> watch him as he answered "i cannot recall" without even the slightest reflection or effort to try to recall. >> if you start to take these things in sum, in toto, that you have a guy who is not telling the truth. you have a guy who does not have an ironclad alibi. >> and the proof is beyond compelling. it approaches mathematical certainty. every single fact in this case points to him. and at some point coincidences stop being coincidences and they start being proof of guilt. >> it was a circumstantial case, but prosecutors were confident. now the defense would get its turn, and they would aggressively make the case in court that nick hillary had been making for himself from day one. >> i'm 100% innocent of the accusations that i'm facing. coming up -- >> you searched his house twice. what did you find? nothing. you searched his car, what you did you find? nothing. you searched his office. what did you find? nothing. >> no evidence, no case? >> this theory is simply not credible on its face. >> the defense comes on strong. >> nick hillary is not a murderer. >> when "dateline" continues. geico makes the claims process so easy... ...i can file and manage my claim, all on the geico app. it's not just easy. it's giving-your-dog -your-fitness-tracker easy. oh, good boy. yes, you got it! woo! already got my 40,000 steps today... can i get a what what! no pain, no gain! haha... it's geico easy. with fast and convenient claims service. look how fast i'm running! good boy, chester. unstopables in-wash scent booster. downy unstopables. bundle auto and home, and save up to 25% with allstate. bundling just feels good this time of year. saving is easy when you're in good hands. call a local agent, or 1-800-allstate for a quote today. nick hillary's high-powered legal team of norman siegel and earl ward began their defense by aggressively cross-examining the prosecution's witnesses, starting with tandy cyrus. the defense now acknowledged nick had in fact visited tandy twice in her new apartment, but they got tandy to admit, those visits weren't so scary after all. >> those two episodes, prosecutors tried to portray as some type of nefarious behavior on nick's part. but tandy made it clear that these episodes were nothing more than an inconvenience. she testified that on one occasion they slept together. >> the defense's argument, tandy's break-up with nick was hardly the drama she made it out to be. >> they tried to portray it as if nick was this, you know, demon, this -- this awful person who snuck into this woman's bedroom, as i said on my summation, like something out of a horror movie, and hovered above her in the dark as if he was about to do something, you know, evil. when during the cross-examination it came out that that wasn't the case. >> and tandy and other family members also conceded that nick had never laid a hand on garrett while they lived together. >> there was nothing between the two that could be considered hatred. nothing between the two that would lead or could lead to murder. >> they have kind of picked away at the prosecution's witnesses enough, it would seem, for them to try to create reasonable doubt, which is all they want to do. that's the game. they want -- >> reasonable doubt. >> reasonable doubt wins their case. >> nick hillary is not a murderer. he is not a violent man. violence is inconsistent with who he is and what he has done in his life. >> now the defense started to paint a different picture of nick hillary -- not the man accused of a heinous crime but the army vet, adored soccer captain, and loving father who could never ever harm a 12-year-old, let alone kill him. >> he's been around kids his entire life. i've seen him interact with 12-year-olds constantly. >> brendan murphy, the goalie on nick's championship soccer team, was one of the character witnesses who testified about the nick he knew. >> he was always there to pick me up and never blame me. and never, you know, yelled at me or made me feel bad about letting a goal in. >> and his lawyers dismissed the prosecution's suggested motive that he killed for revenge. >> this theory is simply not credible on its face. >> there has always been this question as to what this would possibly gain for him. what would be the upside of hurting this kid? >> the defense's biggest point was very simple. there was no physical evidence, none, linking nick hillary to the crime. >> there was no hair. there were no fibers. there was no fingerprints linking nick to this crime. >> and there was testimony from investigators about those unknown fingerprints that were found around that pushed-out window screen. >> you have to ask yourself whose print was on that window. whose print was on the window that that perpetrator climbed out of to escape the building? again, it wasn't nick hillary's. >> in an unusual move, the defense called to the stand mark murray, the lead cop on the case, getting him to admit his nearly five-year investigation had failed to turn up any physical evidence against nick in any place. >> brought him forward and said, you searched his house twice. what did you find? nothing. you searched his car. what did you find? nothing. you searched his office two times. what did you find? nothing. >> which made it clear, the defense argued, that police had tunnel vision, starting with the night of the murder, when lieutenant murray and two state cops came to nick's house. >> within hours, as you have heard, i was targeted. would it be fair to say it was a rush to judgment? yes. >> i cannot recall. >> the most damning prosecution evidence against nick had been those videotapes. first, his deposition in the civil suit. >> i cannot recall. >> the defense argued that his inability to answer questions then was just a memory lapse, nothing more. >> the statements he made at that deposition were made 27 months after the death of garrett phillips. it is true he often said, i can't recall. but does that make him a murderer? >> and as for the state's centerpiece evidence -- that security camera video where nick appeared to follow garrett out of the high school parking lot, it didn't actually show much of anything, argued the defense. >> the prosecution wants you to make much of this video. but the prosecution wants you to jump to conclusions. >> the camera doesn't record the end of this. >> yeah. there is no videotape that exists anywhere that shows nick hillary pulling up to 100 market street, getting out of his car, and walking up those stairs. >> nick's assertion that he went to his home and not garrett's was bolstered at trial by two alibi witnesses. >> the focus was to show that nick was somewhere else from the period of 5:00 to at least 5:23 and have two alibi witnesses that would hold up. >> the first was assistant soccer coach ian fairlie. he testified that nick stopped by his house at 5:21 pm., about 20 minutes after garrett was attacked, according to police estimates. >> did fairlie stick to his guns, to his same story he's told over and over? >> absolutely. and said, as he said to me and other people, that that afternoon when nick hillary walked in that apartment, he wasn't limping, he wasn't sweating, he didn't seem discombobulated, he didn't seem upset. he just seemed like the same old guy. >> but it was shanna kay hillary, nick's daughter, whose testimony would be make-or-break. she testified he was with her at their house in the critical time period of 5:00 to 5:15 p.m., which is the same time young garrett was losing that struggle for his life. >> judge, there is nothing about shanna kay's testimony that was false. she is a strong witness, and she is reasonable doubt. cross-examination, prosecutor bill fitzpatrick went after nick's daughter with gusto and got her to admit she didn't remember very much else about that day except for the time her dad was home. >> it will all come down to whether or not the judge believes whether nick was where he said he was. >> which is the gamble nick had taken when he waived a jury trial. his fate would soon be in the hands of one man. judge catena would decide. coming up -- >> i'm never going to have my son back. >> my family and i have been living underneath this cloud. >> we're talking murder two. we're talking 25 years to life. >> the judge's verdict. what would it be? when "dateline" continues. ne" c. we're talking murder two. you know, we're talking 25 years to life. this is not shoplifting. this is a very serious charge. >> the awful question before the court was this. had nick hillary choked the life out of a 12-year-old boy? >> he's been lying about it ever since. >> lead prosecutor bill fitzpatrick had thundered outrage during his closing argument, channeling the emotion of tandy and her family. >> garrett phillips wasn't killed by someone passing through town who hates little boys. he was killed by nick hillary. he wanted to be 12 years old and not be dictated to. and that cost him his life. >> convicting someone because -- >> the defense team had spent three weeks arguing there was simply no evidence against nick. >> i know, judge, that you'll get it right. i know, judge, that after considering all the evidence in this case, you will find mr. hillary not guilty. >> the defense had wagered an unusual high-stakes gamble, bypassing a jury and asking the judge to decide. judge and jury and one man, felix catena. a week went by with no decision, an excruciating wait for both sides. then the judge called everyone back to the courthouse to hear his verdict. for 42-year old nick hillary, and his unwavering legion of "truth for nick hillary" supporters, it had been a five-year long slog to clear his name. >> we've been here since day one supporting nick and, you know, staying in his corner. we're not going to stop standing by him now. >> for tandy cyrus, cocooned in a huddle of supportive friends and family, the agonizing wait with all its fits and starts, was finally over. the moment was at hand. >> as to the charge of murder in the second degree as charged in the indictment, the defendant, oral nicholas hillary, is found not guilty. [ applause ] >> not guilty. a quick burst of applause and a cry from nick's side of the room. >> thank you, jesus. >> garrett's uncle shouted out in nick's direction, karma will get you. nick hugged his attorneys, then dissolved in a flood of tears. tandy, a bundle of nerves while waiting for the verdict, was inconsolable. >> d.a. mary rain said she was devastated and spoke of tandy's pain. >> i just simply expressed my condolences, and that was about it. and she said, i know you guys tried. >> tom mortati, the attorney for the potsdam police, addressed the issue of race, which had been hanging over the case from the start. >> race had nothing to do with this investigation. and if any of you actually had an opportunity to meet with some of the investigators involved, you'd know that. but i can tell you affirmatively that race had nothing to do with this from the get-go. >> defense attorney earl ward. >> there is a family that even after five years still grieves, so we're not oblivious to that. but nick hillary did not kill garrett phillips. nick hillary is an innocent man. >> love you, man, all right? >> just a few hours after the verdict, nick told us he felt a sense of relief, but would feel the scars of his ordeal for years to come. >> i'm very happy. don't get me wrong. but for five years my family and i have been living underneath this cloud, and the focus right now is to start putting this in the rearview mirror. >> maybe the people in potsdam will try, too, to put this case bind them, but it won't be easy. nick's civil suit against the police is still pending. and small towns don't pivot so easily to normal after an epic drama like this one. >> this case has had a lot of the great elements of fiction. and at the heart of it you have this terrible, terrible tragedy, which is the death of a child. >> and that raw hurt never goes away. not to a mother with a broken heart. >> i have pictures in my head that will never go away. i had to watch as people tried to resuscitate my son and failed. i'm never going to have my son back. >> had he lived, had he gotten extra years, who do you think he would have been? >> still the fun-loving kid that he was. and joking and teasing. and i think he would be looking to have a very bright future somewhere as an athlete. >> but the boy is buried now with the artifacts of his brief childhood, including that ripstik. garrett exits forever frame left. the mystery surrounding his killing still abides. . i'm craig melvin. and i'm natalie morales. i'm craig melvin. >> i'm natalie morales. >> and this is "dateline." >> i didn't see it coming. it was shocking. >> i had a bad feeling. >> she did say, he has a gun and i'm afraid he might use it. >> a story of sand, sunsets, and fatal attraction. she had so much to give. >> she would make everybody feel special. >> successful at everything except love. then she found him. >> she said she felt so good in his arms. >> he was handsome, sophisticated, and crazy about her. there was talk of marriage.
a u.s. doctor just back from the outbreak zone is hospitalized. he is 33-year-old craig spencer, a doctors without borders volunteer. this morning, this is where he is, in quarantine at bellevue hospital. according to city officials, dr. spencer showed signs of not feeling well a couple days before being admitted to bellevue with a fever. spencer rode the subway, used a car service, and visited a bowling alley. new yorkers now wondering, are we at risk? >> i think we can be pretty confident in saying to the public, you really don't have any kind of substantive chance for getting ebola from dr. spencer taking a subway ride or even eating at a restaurant unless there was direct contact with bodily fluids. >> and virus free nbc cameraman ashoka mukpo tweeting this out. i hope that as information comes out about the nyc case we remember he was a doctor who risked his life to help others. nbc's chris polone, is outside the hospital. >> city and state leaders are trying to convince the public that they're not at risk. new york city mayor bill de blasio confirms the ebola virus has arrived in the nation's most populous city. >> testing confirmed that a patient here in new york city had tested positive for ebola. the patient is now here in bellevue hospital. we want to state at the outset, there's no reason for new yorkers to be alarmed. >> that patient is 33-year-old doctor craig spencer. around noon thursday he notified the relief group he worked for, doctors without borders, that he was suffering from fever, nausea, and fatigue. within minutes, a hazmat team whisked him to bellevue hospital. >> he had a very orderly removal from his home. with emergency workers who were in full protective gear. he came here and had a very smooth transfer up to the isolation ward. >> dr. spencer returned to the u.s. last friday but had not yet returned to his job as an emergency room physician at columbia presbyterian hospital. the new york health department reported spencer had a 103-degree fever and notified officials as soon as he started feeling sick. >> we are aware that he has been in close contact with his fiance and with two friends. >> spencer went to a brooklyn bowling alley the night before he got sick. spencer's fiance is now in quarantine. two other friends are being monitor monitored. health experts insist no one outside of that group is in danger of contracting the disease. >> the more facts you know, the less frightening the situation is. >> it's unclear whether spencer will be moved to one of the hospitals that has successfully treated other u.s. ebola patients, but new york's mayor and governor say bellevue hospital is prepared and equipped to handle spencer's treatment. president obama has been briefed on this latest case of ebola. he has also spoken with the governor of new york and the mayor of new york city. a team from the centers for disease control is on its way here to monitor this case. in new york city, chris pollone. >> chris, thank you so much. well, ebola jitters have phoney remedies popping up all over the place. the fda is keeping a close eye on the internet. it is a hot spot for possible bogus products. things like snake venom and of course there's vitamin c. the fda told three companies to stop pushing these so-called cures. one company did drop the claim but is still selling the product. as new yorkers cope with ebola, another worry. a hatchet attack tied to terror. it happened in queens in broad daylight thursday. the ax-wielding man came out of nowhere. the four-inch blade struck one cop in the arm. another in the head, critically wounding that officer. as the man went to strike again, he was shot dead. the attack follows terror chatter on social media. extremists are encouraging attacks on military and the police. well, details continue to emerge from the deadly shootings near ottawa's war memorial and parliament building. corporal nathan cirillo was gunned down while he stood guard. his two dogs have been seen peering out from under a fence waiting for their master who is never coming home. such a sad sight. cirillo was a dog lover who posted many photos of his pets online. meanwhile, new video moments after corporal cirillo was shot. a car speeds toward parliament, the gunman gets out and runs toward the government building. he had reportedly used crack cocaine in the past and spent time in a homeless shelter. he tried at one point to get a passport to go to libya or syria. just last week he met his mother for lunch. reportedly it was the first time they'd seen one another in five years. after running into parliament, he was shot by a sergeant at arms, kevin vickers. on thursday, members of parliament gave vickers a standing ovation for his actions. federal aviation officials are heading to the site of just a horrific mid-air collision. it happened right outside of washington, d.c., near a public airport. three people on board a helicopter died after it collided with a small airplane. what you see here is the plane and parachute dangling from tree branches following that collision. two people on board the plane were treated for minor injuries. the helicopter was on a training flight. the plane was coming in for a landing at the airport. all right. so it was a rare sunset across much of the northern hemisphere. did you get a chance to see it? for those of you with cloudless skies, here's what that partial solar eclipse looked like, sped up, of course, about 240 times. but we could not help but get a bit of a halloween viek looking at some of the photos from across the u.s. while it was an eerie sight for sure, just wait until august 2017. that's our country's next total solar eclipse. so put it on the calendar. comedian zach galifianakis is once again between two ferns, and this time he's interviewing is actor brad pitt. the two sat down for this funny or die sketch. >> anyway, tell us about this movie "furry." >> it's "fury." >> it's not furry? >> no. >> is it hard for you to maintain a suntan? >> why? >> because you live in your wife's shadow. because i, too -- i had a romantic fling with someone -- [ coughing ] had a romantic fling that was -- >> that was my last piece. >> it was public and it got on my nerves and she kind of outshined me. >> that was my last piece. >> i had the same thing with condy rice. >> oh, really? >> tell me what it was like the first time that you laid eyes on angelina. was it like one of those classical love stories. i don't know, like when ross first saw rachel. you know that show "friends," have you seen that? ♪ i'll be there for you when the rain starts to fall ♪ >> i like that song. >> okay, the gum exchange, it looked real, didn't it? kind of grosses me out. we're going to move to sports now. we begin with thursday night football. a marquee matchup. broncos versus the chargers. emanuel sanders connects with peyton manning for a career high three touchdowns and nine receptions. denver was up 35-21 in the fourth. when you see manning very frustrated trying to quiet the cheering crowd before the play. turns out his problem was not with the fans. >> i got a problem with our scoreboard operator. i got to have a little talk with him. showing players dancing, getting the crowd fired up while we have the ball. i don't think we should be doing that. >> wonder if that guy is going to keep his job. well, manning finished 25 of 35 for 286 yards in a 35-21 victory over the chargers. the lakers announced that steve nash is out for the season and may be calling it a career. it's due to complications with nerve damage in his back, reportedly from carrying bags. the 40-year-old future hall of fame guard played in just 15 games last year, suffering from a similar injury. a riot broke out in indonesia following a soccer match between two local teams. hundreds of fans clashed with riot police, unhappy with the results of the game that ended in a 1-1 draw. the riot quickly spread to the streets. one fan was killed and at least a dozen were injured. and more high-risk soccer in france following a match between leal and everton. police used tear gas and fired warning shots to disperse fans. trouble brewed after police tried to arrest an unruly everton fan. >> and the political world is remembering a great political insider. frank mankiewicz passed away. he died from heart failure. his face became familiar to the nation as press secretary for president kennedy's white house run. in 1972, he led george mcgovern's losing presidential bid. his father hermann won an oscar for writing "citizen kain." he was 90 years old. [ narrator ] mama sherman and the legion of super fans. no sign of him yet. keep looking. [ narrator ] their mission: to get richard sherman his campbell's chunky soup. hi, baby! hi, mama! take us home! wow! it's new chunky beer-n-cheese with beef and bacon soup. beer... cheese... beef... bacon... ♪ i love it. and mama loves you. [ all ] awwwwww! it fills you up right. [ all ] awwwwww! oats go! wow! go power oats! go! go power! yayyyy! welcome back to "first look." quick update on your weekend forecast. thankfully the nor'easter that brought us all the problems the last couple days will slowly be exiting. i say slowly because it's still raining in much of massachusetts, new hampshire, and portions of maine. we're going to clear it out slowly throughout the day. also rain for you early this morning if you're heading out in the miami area. you're going to get some downpours and slow commutes. as far as the forecast this weekend, if there's a beautiful spot out there, it's from denver to kansas city, st. louis, chicago, minneapolis, to dallas. it feels like early fall, late summer in some cases. we should be nearing 90 in dallas by the time we get to saturday. beautiful weather on saturday for the entire east coast. even new england should be great. leaves at their peak in the central appalachians. even by sunday, it's a really nice fall weekend, especially after what we just got done with. >> we deserve this. thank you. well, chaos and confusion over the massive air bag recall impacting 16 million cars worldwide. officials say get your car fixed right away because the problem is supplies are limited. nbc's tom costello has more. >> reporter: after four deaths and dozens of injuries, today many dealers say they don't have the replacement air bag parts and don't know when they will. in texas, chrysler dealer david tremmer says it could take months. >> as far as what we're getting from the manufacturers right now, there's nothing. >> reporter: for drivers, growing anxiety. russ raiders' bmw is on the recall list. a top executive at the insurance institute for highway safety, he's not taking any chances. >> i'm planning to get my car fixed next week. until then, i'm not going to put anybody in the passenger's seat. >> reporter: under fire, the national highway traffic safety administration which earlier this week urged drivers in humid climates to get their cars fixed fast since humidity is thought to play a role in the defect. they then raised the number of affected drivers in those states. two democratic senators wrote the secretary of transportation alarmed by the conflicting advice, singling out humid states, they say, makes no sense. >> there needs to be a national recall and car owners need to be provided with loaners or rental cars at no cost to them. >> an example of who senator ted cruz surrounds himself with and another sign we'll see elizabeth warren run for the white house, maybe. scrambled politics is next. time now for a getaway friday edition of scrambled politics. was it too far too soon? one of ted cruz's staffers has his social media foot in his mouth. he tweeted, before obamacare, there had never been a confirmed case of ebola in the u.s. he deleted it and issued an apology. earlier tweet was a bad joke. from "the daily beast," the gop has a new darling, but he lives in canada. conservatives are, quote, swooning, over prime minister steven harper. the executive editor of the weekly standard says he's the most powerful conservative leader in the america's north and south. some consider her one of the most promising democrats in north america. so could it be elizabeth warren 2016? the massachusetts senator told "people" magazine, quote, i don't think so, saying if there's any lesson i've learned in the last five years, it's don't be so sure about what lies ahead, there are amazing doors that could open. and when it comes to minimum wage, labor secretary tom perez says new jersey governor chris christie has his head, quote, stuck in the sand. asor the country's low federal wage floor, he said bluntly, we suck. we really do. conservative group american future fund is buying ads for north carolina libertarian senate candidate sean hall. we'll just call them unique. >> get haugh. >> legalize it. >> more weed, less war. vote haugh. >> get high, vote haugh. well, a master of impressions is taking his turn with the president. here's former "snl" cast member dayna carvey as barack obama. >> this is what we want took like that. stop crinkling the bank is a good one for him. that's what we don't need. we don't knee pineapples. we need strategic partners and coalition parters bop bee bop. >> that is your morning dish of scrambled politics. let's go to washington now. i'm joining by reporter for "the hill." happy friday. can you say that in your best obama impersonation? >> i am not a comedian, no. what about you? >> no, i can't do it very well. so let's move on to this. monica lewinsky has been back in the spotlight saying she was, quote, patient zero for viral scandals following her affair with president clinton. turns out a new government report may kind of support that because it shows that she was actually mistreated by authorities, right? >> this is an explosive government report that has just been released. pretty much it says that when the fbi confronted her in a shopping mall right before this scandal really took on -- escalated to the next level, they said they could have handled it better. she asked to bring her attorney into this meeting, and they did not -- she did not have her attorney present for this. her mother was present for this meeting in a shopping mall. this was for a couple of hours in which they granted it her immunity, but it was a very intense situation, to say the least, for a then 24-year-old former white house intern. >> yeah, it also reads she was crying, she was screaming, asking for her attorney. they asked for her to wear a wire. she refused. so does this give her more fuel in her new campaign to help stop cyber bullying? >> well, you know, that's interesting, and i reported on this earlier this week. when you talk to advocates in the cyber bullying community, which is a huge issue with more than half of adolescents in america reporting that they have been cyber bullied, i think that remains to be seen. but either way, i think that the issue of cyber bullying is a conversation that the country needs to have, and whether or not monica lewinsky is the right messenger for that is unknown. >> all right, kevin. you have a great weekend. thanks for your insight this morning. >> you too. thanks for having me. coming up, the video you will be googling, and it involves marshmallows. plus, stick around for this major "seinfeld" reunion. that's next. all around the world the dedicated people of united airlines ♪ are there to support you. ♪ that's got your back friendly. ♪ lactaid® is 100% real milk? right. real milk. but it won't cause me discomfort. exactly, because it's milk without the lactose. and it tastes? it's real milk! come on, would i lie about this? 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[laughter] eh. now's the time to get in the loop. just look for our fall tv picks with xfinity on demand. quickly find the season's hottest shows, with a handpicked collection all in one place. only from xfinity. jim thorp's remains to stay in pennsylvania town after legal battle. a federal appeals court threw out a lower court ruling that would have allowed thorpe's sons to move his body to native american land in oklahoma. jim thorpe was a football, baseball, and track star who won the decathlon and pentathlon in the olympics. he died in 1953. ? >> and meet the secret service canines who took down the latest 23-year-old fence jumper. he's shown on this video punching and kicking two secret service dogs wednesday night. the dogs, hurricane and jordan, ultimately took him down. the secret service highlighted them on its twitter account, saying they sustained only minor injuries. and here's some other stories we are following. a new survey sponsored by the national institute of justice shows more than 60% of teens, both girls and boys, have been either the victim or predator in an abusive relationship. the marijuana industry could be worth an estimated $35 billion by the year 2020 if all 50 states and the federal government legalizes it. that's according to a report from green wave advisers. in this upcoming election season, alaska, oregon, and the district of columbia will vote on legalizing pot. and meet a 33-year-old ape living at the primate learning center in iowa. he's learned how to build a fire. look at that. he lit a match and lit that fire. he's even roasting marshmallows. this ape has been surrounded by humans for years, so it's really no surprise that he's taken some of human characteristics. it just shows how similar we are to one another. >> that's like second-year boy scouts. learning how to do the fire. >> on that video, if you see the end, he takes his water bottle and puts out the fire. >> that's amazing. >> he's a responsible ape, right, not starting any forest fires. all right. well, in the new season of comedians and cars getting coffee, jerry seinfeld stops by the crackle offices. turns out the president is someone jerry knowings. >> jerry, you've heard of netflix and hulu. >> oh, sure. they're very popular. >> well, we're not. it's because we're being held down by snap and pop. now, either we limb nate them or go down with them. >> i'm very confused. >> so am i. is that where cramer went? is that what happened to him? >> ceo of crackle. >> all right. this is "first look" on msnbc. "way too early" with thomas roberts starts right now. have a great friday. today testing confirmed that a patient here in new york city had tested positive for ebola. the patient is now here in bellevue hospital. we want to state at the outset, there is no reason for new yorkers to be alarmed. >> a new york city doctor diagnosed with ebola after returning from west africa. we'll go live to bellevue hospital for the very latest. t-minus 11, just days to go until the 2014 midterms. polls show many races are too close to call. and another edition of "between two ferns." this time zach galifianakis interviews a well-known actor he calls bradley pitts. joe is here. this is "way too early." >> you don't even know that guy, who that guy is. he is hilarious. you see the clip? >> it's amazing. >> unbelievable. >> good morning, everybody. it's friday, october 24th. welcome to "way too early." thomas is off this morning. >> that guy never works. >> no, he's lazy. >> unbelievable. >> we begin this morning in new york city, where a doctor who recently returned from west africa has tested positive for the ebola virus. at this hour, dr. craig spencer is being treated at bellevue hospital. he is the fourth case diagnosed in the u.s. and the first outside of texas. here's what we currently know. dr. spencer is an emergency room doctor who was working in guinea for the group doctors without borders. he returned to the united states on october 17th. officials say he did not return to work but within the past couple of days, he did ride the
areas. >> we have been striking when they can isil knows how to maneuver and use populations and concealments. when we get a target we will take it. >> at this point still no plans to put american troops on the ground in a combat role in isis. locals are banding together to stop isis from advancing any further. >> on the ground several groups have formed a coalition including those in the turkish border. they will pull back isil and their efforts underway on the ground. >> a new report suggests the obama administration is upset that the turkish government hasn't been doing more to stop the fall. >> time for look who is talking. leon panetta is speaking out promoting his book "worthy fight." he talks to who is to blame for dropping the ball on isis. >> what bothers me part of the problem is that the united states is caught by surprise. we didn't know clapper didn't tell me. >> that's embarrassing. >> i think that when things like that happen it is more than just around intelligence things it's a policy thing as well. >> he didn't admit that, did he? >> the fact is, when you look at all of the issues -- >> he admit on 60 minutes it was his fault? >> he quoted jim clapper as intelligence failed. pointing to clapper's comments here. when you look at the situation it is more than just an intelligence failure. it is a policy failure. >> coming up leon panetta on president obama apologizing. >> american military members on a risky mission handling blood samples from ebola patients. kelly wright here with what the mission is supposed to accomplish. >> the pentagon is calling it operation united assistance. it is a risky mission. but they train for this kind of risky mission all of the time. 350 troops are in liberia three mobile testing labs with a team of 3-4 highly trained technicians and infectious diseases are operating that lab. they will be working along side liberian troops in building treatment units there as well. all of the u.s. troops will follow strict safety protocol measures to stop the risk of contacting ebola. >> i am confident i can ensure the safety of the families and the american people. >> the mission is to eradicate ebola where it is. the obama administration says it wi -- dsh >> we are working intensely on the screening process both in if places of origin and on arrival to the u.s. we are looking at that entire process to see what more can be done. >> the screening process includes taking temperatures and looking out for symptoms. a flight attendant union is calling for tougher screenings to prevent flight crews from exposure to ebola for passengers who may possibly have the virus. it is spreading to europe a nurse in spain is being treated at a hospital in madrid. four others may have come down with it as well. >> kelly wright joining us. thank you, kelly. with threats from isis is it worth putting our military in harm's way for ebola? join the show for a live debate at #keep talking. >> a mission is called off after a pilot was fighting a wildfire in yosemite park is found dead. that pilot flying an air tanker when they lost contact. the tanker crashed several dozen houses have been evacuated and more than 100 ike acres burned. a 6 hour standoff begins after a fierce gun battle. the suspect is dead and another is in custody. a police captain is in the hospital. a 30 year veteran fm. he was wanted for a triple shooting in indianapolis. >> all eyes on north carolina in a tight senate race. tom till lis will score one of 16able to take control of the senate. kay hagan maintains a slim lead. the two trading off in a one hour show down. >> for the last year you have sat on the foreign apairs committee a-- affairs committee and you missed half of the meetings. you haven't had a single meeting on the threat of isis. >> you know what, home town newspaper called on him to res missed so many days in the legislature. >> coming up the pizza delivery guy shaking up the north carolina senate race, libertarian candidate sean hall. >> one for the massachusetts governor breaks down this neck and neck race from boston. >> massachusetts gubernatorial candidate martha coakley is a veteran of state politics but is perhaps best known nationally as the democrat who lost the late senator kennedy's seat in the 2010 election. the race for governor is coakley's chance for political redempti redemption. the latest poll numbers show the commonwealth first female attorney general is in a dead heat with charlie baker also the republican nominee for governor in 2010. first lady michelle obama arrived to rally the base. >> we have an opportunity to build the economy that works for everybody not just people at the top, not joous wall street. >> baker served in the cab gnkns of prior governors. coakley's staff refused the interview request. >> my view is people are pragmatic they want more than anything somebody who will get the job done somebody who focuses on controlling spending and reducing taxes and reforming government. >> perhaps the most stunning aspect of the race is the wide money gap. baker's team has more than $1.5 million carbon hand compared to coakley camp 266,000. >> she will have to rely on outside groups to come in and help her. >> massachusetts is perceived to be a true blue state it is worth noting prior to the election of the democratic governor there were 16 years where voters sent a republican to the office including prior presidential candidate mitt romney. heather, ainsley? get ready early risers. the second lunar total eclipse is expected to happen today. >> over an hour from now maria molina has the best places we can catch it. >> unfortunately for us in new york city we will not get a good shoe. you are right it's a second lunar eclipse we are expecting two others as well coming up next year where the moon moves into t into the earth's shadow. it is called the blood moon. we are not seeing the lunar eclipse especially across new england. we are looking at cloud cover and areas of rain coming down. you can see clear skies across portions of the plains across parts of arizona. specifically out here you would have good viewing conditions. we have tropical moisture moving into the area and areas of rain as well. through the central plains parts of missouri, oklahoma and kansas further west into colorado. >> don't forget your umbrella if you are affect the. something i always seem to do. >> it felt like fall when we headed out to work. >> the time 10 minutes after the top of the hour. coming up a routine traffic stop ends with shattered glass and a a stun gun. did police officers cross the line? we report and you decide. >> jennifer lawrence going at hackers who leaked the photos. >> one man is willing to trade his phone for -- -- home for an iphone 6. that disease is for older people. not me. i take good care of myself. i'm active. i never saw it coming....it hit me like a ton of bricks. pneumococcal pneumonia was horrible... the fatigue... the chest pains, difficulty breathing. it put me in the hospital. you don't want to go through what i did. if you're over 50, talk to your doctor. you may be able to prevent it. >> police in hammond, indiana, a man says he was tasered with a stun gun for not wearing his seat belt. the family have evidence with their cell phones. the officers say they had no choice. >> this is the cell phone video shot in a back seat of a car during a hammond traffic stop which reunited the debate of force by police. >> are you going to get out of the door. >> people are being shot by the police. >> jamal jones his girlfriend lisa mahone face local and national media after filing a lawsuit against hammond police for excessive short. it happened during a traffic stop. they became alarmed and refused his instructions to get out of the car. >> look at my folder. >> at the hammond police department have engaged in a pattern and practice of allowing this type of conduct to go on. >> he released a statement saying i am standing behind the actions of these officers. you must comply with the lawful request of the police. the hammond county councilman wonders if police needs more training. >> are they training their police officers on a yearly or monthly basis on situations of excessive force? >> police say they were quote at all times acting in the interest of officer's safety. two of the police involved in the incident have been sued before for using excessive force. those cases were settled for undisclosed amount. >> the city of new york flashes a lahser rick garner died after police took him into a choke hold. they brought claims of police brutality against nypd and eight officers. he was resissing arrest for selling -- the use of choke holds was banned by the nyp d-back in 1993. a convicted drug dealer suing the dea for impersonating her on facebook. sandra arquette was arrested four years ago for her role in cocaine distribution. she claims the dea agents used her photos to get a fake facebook page under her name at one time to lure in other people in the investigation. the justice department is reviewing the practice to determine if the profile violates facebook terms. >> it is a fight for face. she told she cannot bow her head to pray before eating her school lunch. the mora independent superintendent came up to her and asked her to stop praying. the superintendent denies the allegations the school is looking into the incident. >> that goes right into this a brew on this a restaurant owner in north carolina taking her faith in god to a whole new level. she is setting aside prices on the menu and handing over her crash register to the lord. customers can play whatever they want. >> the biggest thing i controlled were the prices so that was what i needed to give control to god. so i gave him control of the cash register. i put my faith in him and he has blessed us. >> dana opened up just cookin' last january. she launched that promotion last month and tripled her revenue. >> do you think this is a good idea or bad for business? send us your comments on facebook or twitter or e-mail them at fox news dot -- foxfriendsfirst@foxnews.com. >> they are cutting health benefits for 30,000 part-time workers. is obamacare to blame? >> stick the turkey burger to find healthy foods. >> good morning to you. the a look at time's square. it is 22 minutes after the top of the hour. oo terror plot foiled in london. they were raised in raids across the city. sources say their plan was to behead people in the streets within the next few days. the four men in their early 20's brought in on terrorism charges. last month london police arrested 10 other men on terror charges. tony abbott wants to ban hate preachers from coming into their country. this as an islamic group is planning to hold a public lecture in sydney on friday. the prime minister said the keynote speaker is being flown in for overseas. >> thank you, ainsley. #lawsuits, twitter releasing information about government surveillance. the social network is asking the feds to publish their request for user information. they are to use government surveillance and information request. >> a homeowner willing to sell huz house for one iphone 6 in the property in detroit is rundown their broken window no front door. the owner lives in austria and claims he was scammed for buying it. he will let it go in exchange for the six grand for back taxes owed. >> winter is around the corner. there's good news for your wallet. >> lauren simonetti, what's up? >> this is great news, ladies. you will spend less to heat your homes this winter. the temps are expected to be moderate but half of the nation uses natural gas. those prices are up but your bill is expected to drop to $650 savings of 30 bucks because you will use less natural gas. bills paul to 938. propane we have a lot of it unlike last year. that should yield savings to $767. for homes that use heating oilx. that's how much you owe con ed. now google can remind you to pay up. that's because google can scan your g mail and tell you when they are due. turn on the google now feature and turn on permission. wal-mart no longer providing them with health insurance. the reason is the ballooning costs of healthcare. while wal-mart is nixing coverage for those working less than 30 hours a week these companies give care to part-timers whole foods, lands end, home depot and trader joe's. we want to show you wall street stock futures down a bit. no relief after the dow tumbled 273 points yesterday. ainsley and heather. >> pray for good news on wall street. >> thank you, loren. >> the time now is 25 after the top of the hour. mandatory flu shots. it could be a prerequisite for preschool students. we will tell you where. >> before you book your holiday travels beware the two-days you should never, ever fly. >> first on this day back in 1860 the telegraph line between los angeles and san francisco opened. >> in 1956 the new york yankees pitcher don larson through the only perfect game in the world series. 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[ applause ] biotene -- for people who suffer from dry mouth. he gets a ready for you alert hthe second his room is ready. so he knows exactly when he can check in and power up before his big meeting. and when alan gets all powered up, ya know what happens? i think the numbers speak for themselves. i'm sold! he's a selling machine! put it there. and there, and there, and there. la quinta inns & suites is ready for you, so you'll be ready for business. the ready for you alert, only at laquinta.com! la quinta! >> it is wednesday october 8th a fox news aleralert. they need your help catching this man. >> we are here on the soldiers. >> the brand new initiative to watch isis terrorists. >> adrian peterson before a judge for disciplining his son with a branch. how he is defending himself in the court of public opinion. >> beware before you eat breakfast the favorite morning meals have been bad for you. "fox & friends first" starts right now. ♪ >> good wednesday morning. we are halfway through the week. it is flying by. welcome to "fox friends a -- "f & friends first". >> the fbi needs your help identifying a mystery highs sis terrorist. is this the voice of an american? >> we are here at the 57th military base. >> doug luzader is live in washington. doug, why is the fbi releasing this now? >> this is the fbi web site showing this guy he is believed to be canadian or american he switches seamlessly between arabic and english. >> we are here with the de soldiers. you can see hem digging a grave in the very place they were stationed. >> from the propaganda war to the war in syria they are taking a move in the war in turkey. they have done little to stop the advance. some believe a slaughter could save thousands of lives in the coming days. >> i heard that estimate. we think most of the residents have fled. whether there are still 5,000 people there or not is a matter of conjecture at this point. i have no doubt they will commit the horrific atrocities if they have opportunity to do so. it is the second in person briefing at the pentagon since i became president which under scores the gravity of the crisis. they are clear this will not change the limited role for u.s. forces. >> it will not change our view with the united states engageme engagement. >> there are words this morning isis shot down an iraqi military helicopter. >> we will follow that up. thank you, doug. >> meantime in iraq isis is using a new weapon, water. the terror group dares to risk their rules. in the euphrates river for a wide range of uses. >> isis doesn't control the dams currently. they do control diversion points along the rivers which gives them ample opportunities to create problems for iraq as a country especially for the localities where they are ooelter diverting or cutting off the flow of water. >> experts say controlling water in iraq is even more important than controlling the oil refineries. >> now to another fox news alert. american military members putting themselves in harm's way handling blood samples now from the ebola patients. kelly wright is here now with a plan to keep the deadly disease out of our country. kelly? >> good morning to you, ainsley. the pentagon says the u.s. military personnel involved in operation united assistance are extremely well trained in combatting infectious diseases. 350 u.s. troops are already in liberia. three mobile testing labs with a team of 3 to 4 highly trained technicians in infectious diseases are operating those labs. 4,000 u.s. troops will be working along side with liberian troops in building several emergency treatment units. all of the u.s. troops will follow strict safety protocol measures to prevent the risk of contracting ebola. new screening measures will be in place at airports this week. the screening includes taking temperatures, checking for symptoms and filling out questionnaires. but flight attendants say they want tougher screenings to prevent exposure to passengers who may be affected with ebola. the obama administration says the u.s. will not have an ebola outbreak. >> the fears that there is going to be an outbreak similar to what we see in africa is something that should not even be on the radar screen of the american public. that won't happen. >> doctors fight to keep ebola patients alive president obama should consider putting intun in charge of bio security. >> i think it is important there is one person at the white house day in and day out overseeing the bio security. >> even in europe ebola is spreading there and people are being exposed. a nurse in spain has ebola. four our people are being examined as well. >> let's keep talking about this risky mission. the threats from isis. head to our facebook page right now and after the hoe show to join in on the conversation at #keep talking. >> nfl star adrian peterson due in court this morning. his lawyers saying peterson will plead not guilty to allegations he abused his 6-year-old son by whipping him with a wooden switch. this coming as his charity is missing tens of thousands of dollars taking to twitter to defend himself saying this. it's sad how people these days will believe anything reported by media sources at that don't take the time to be great. peterson is suspended indefinitely by the minnesota vikings. violence and riots in missouri. if officer darren wilson is not charged by the death of the teenager michael brown. police are meeting almost daily with the fbi and other departments across the country to ready themselves for any possible scenario. a grand jury is expected to survive officer darren wilson's face next month. time for a look at who is talking. leon panetta is working out on the o'reilly factor. bill o'reilly asking the former defense secretary whether the president has ever admitted making a mistake? >> have you ever heard barack obama in your conversations with him as chief of defense secretary say i was wrong, i made a mistake? >> i am sure him admit to mistakes. the real question is whether or not you learn from those lessons and then do the right thing. >> obviously in your book you don't think he learned from a lesson? i am seeing a president from your eyes former cia chief, former defense secretary who is either incapable or doesn't understand the dangers that the united states faces. that is the message i am getting from you. >> i think this president is smart enough to understand the dangers. the real question is can he translate that into the kind of action that will help protect this country. in other news the newest member of the utah jazz coming in at 3 foot 4 and just under 40 pounds. the 5-year-old free agent signing a one-day contract with the blue crayon. jp gibson has been battling a form of leukemia since he was 2 and a half years old. for one night he got to live all of that and live his dream on the court and even scored a slam dunk. >> on the steal. he goes by edison. he slides by . he goh drives by to the rim. he gets it with a two-hand dunk. >> his mom says he insists shooting two for an hour before bed every night. >> we wish him well. >> expect to see him on the court one day. >> you are looking at a live picture of the moon. a total lunar ee clipt is underway. we have more if you are up early. >> we have the moon moving into the earth shadow. some of you are not going to be able to see that. you can see across parts of the northeast we have a storm system coming through a lot of cloud cover. across parts of the midwest you see the lunar eclipse which will reach its peak coming up at 6:25 am eastern time. they will get a wonderful view of that lunar eclipse. out there you have clear skies and we are dealing with tropical moisture coming into the area. other areas are looking at dry conditions later today. if you are doing any traveling in places like detroit, new york city and further south to florida conditions are quiet. north of new york city we have areas of rain moving through. we will be dealing with that coming up through out the day. you will need the umbrella. heather and ainsley. >> thank you, maria. >> don't forget. thank you. the tienl now is 39 after the top of the hour. coming up an 8-year-old survives a harrowing ordeal after following six tories down a trash chute. how a quick thinking neighbor was able to get him out. >> what blake shelton is saying about his marriage this morning. >> i love them together. ♪ ♪ "here i am. rock you like a hurricane." ♪ fiber one now makes cookies. find them in the cookie aisle. watch this. sam always gives you the good news in person, bad news in email. good news -- fedex has flat rate shipping. it's cas affordable. sounds great. [ cell phone typing ] [ typing continues ] [ whoosh ] [ cell phones buzz, chirp ] and we have to work the weekend. great. more good news -- it's friday! woo! [ male announcer ] ship a pak via fedex express saver® for as low as $7.50. >> actress jennifer lawrence is fired up and she is firing back at the hackers. the star breaking her silence on the massive attack which exposed naked pictures of her and hundreds of other celebrities. in a new interview the oscar winner saying quote it is not a scandal it is a sex crime. it is sexual violation. any one looking at the pictures you are perpetuating a sexual offense. you should occur in slam shame. >> blake shelton admitting his marriage in miranda lambert hit a sour note. ♪ >> he says that he is fed up with those divorce rumors addressing them head on with twitter. maybe because the divorce rate is so high the tablet decided to play the odds with me and miranda. morons. they were married in 2011. are you planning to travel over the holidays? it is time to book your flight. bee aware. lori rothman is here with the two-days you should never ever fly. >> never fly on these days, heather. here's the story with the u.s. economy looking better this year over last the economists are looking to spend more money not only on gifts but travel, too. one of the busiest holiday seasons we have had in years. keep in mind the two-days you should never ever fly are the wednesday before thanksgiving november 26th this yearnd a the sunday after thanksgiving which is november 30th. the best times to book your holiday travel, the travel experts orbitz.com now next week or fees increase in fares and rates. for presideoptimal thanksgiving book by friday october 10th. for christmas prices will be 5 percent below average if you buy on or before next wednesday october 8th. for travel and accommodations book on tuesday october 14th. prices will start higher by october 28th peaking around december 15th. likely with no last minute air fair deals to be had. >> lori rothman. >> finally, if you decide not to book a flight that way a flying car like the jettisons is coming to a dealership near you. >> check out the arrow -- aero mobile. you travel 430 miles on a tank of gas in flight mode reaching speeds of 124 miles an hour. when the wings fold down. no word yet on pricing or availability. >> very cool. >> 14 minutes to the top of the hour. >> a police officer making good on his promise to serve and protect. instead of issuing a tick the he helps his mother give his daughter a boost. >> can you not wake up without your coffee? not your fault. the science behind your caffeine consumption. steve doocy with what's coming up on "fox & friends." with his cup of joe. >> good morning to you, ladies. >> coming up on "fox & friends" an isis militant with a north american accent prepares to execute prisoners. now the fbi wants your help trying to figure out who he is. we have the details. plus in an interview with fox news, former secretary of defense leon pin netteda weighsn isis. we will have all of the highlights on the pillow show. >> we have john kirby the admiral. we will ask him what he thinks. we kickoff 12 minutes from right here on "the fox news channel." will that be all, sir? thank you. ordering chinese food is a very predictable experience. i order b14. i get b14. no surprises. buying business internet, on the other hand, can be a roller coaster white knuckle thrill ride. you're promised one speed. but do you consistently get it? you do with comcast business. and often even more. it's reliable. just like kung pao fish. thank you, ping. reliably fast internet starts at $89.95 a month. comcast business. built for business. welcome back. it is a miracle that he is alive. an eight-year-old boy falling six stories down a trash chute. coming to his rescue, a neighbor that heard his calls for help. >> i could hear him screaming. we couldn't see where he was. i broke the glass with a fire hose and sent it down to see if he could reach it. >> he eventually hoisted that child up with that fire hose. the boy fell while taking out the trash only suffering cuts and bruises. two honolulu city councilman scrapping plans to name this popular beach after president obama. they wanted to change the name from sandy beach park to president obama sandy beach park but the public expressed historic cal concerns. the president body surfed at the beach during his 2008 campaign. preschools across the country considering making flu shots mandatory now. this year new york city joins the states of new jersey and connecticut requiring children to get the shot. rhode island expects to implement a similar requirement next year. the c.d.c. recommends all healthy people offense the age of six months get vaccinated once a year. the shocking truth behind what you are eating. a new consumer report study shows that a majority of the packaged foods that are labeled natural, they contain g.m.o.'s. the genetically modified organisms were present in breakfast cereals and baby formula. the labeling is not required in the united states despite worries of potential health risks. >> time for your 5@5. the healthy foods that really aren't healthy. first, turkey burgers. many restaurant ones clock in at more than 1,200 calories and that is before you put toppings on it. up next, hummus. it is a carbe. so if you're dipping pea at that bread or crackers in, it is double the carbs. whipped cream, an entire can of lite whipped cream will cost you 600 calories. finally, granola. a true serving should only be a third of a cup. it might be in your d.n.a., a new study by the harvard school of public health found eight specific genes that play a role in your coffee intake. the more java genes you have the more likely you are to be able to handle a lot of caffeine. >> the time now is about seven minutes till the top of the hour. coming up, in the hands of god. no prices, no totals, customers at a restaurant pay what they want. your e-mails are pouring in on this one. >> a hairy situation for apple. the new iphone 6 making people go bald. ♪ ♪ shopping online is as easy as it gets. wouldn't it be great if hiring plumbers, carpenters and even piano tuners were just as simple? thanks to angie's list, now it is. start shopping online from a list of top-rated providers. visit angieslist.com today. spip three minutes till the top of the hour. before you leave the house here's what happening today. the f.b.i. turning to the public to help hunt down the terrorists in this propaganda video who they believe is an american. u.s. military personnel handling the blood of infected ebola patients in africa. is it worth putting our military in harm's way for ebola? head to our facebook page right now. it's #keeptalking. envelope star adrian peterson expected to immediate not guilty in court -- to plead not guilty in court today to abuse allegations for whipping his four-year-old son. >> time to look at the good, the bad, and the ugly. up first the good. a police officer in michigan pulling a woman over because her five-year-old isn't in a car seat. but instead of issuing a ticket, he buys her a booster car seat. the family recently falling on hard times. next the bad. #hairgate. iphone six users complaining a small gap in the iphone pulls hair out of heads and even beards while making calls. the ugly, a bumbeling burglar caught on camera falling from a roof. the couple inside heard footsteps and started banging on the window and that is when a woman fell. she is still on the loose. >> time for your brew on this responses. a restaurant owner in north carolina setting prices on the menu and handing over her cash register to the lord. customers can pay whatever they want. we asked you is this a good idea or is it bad for business? tina is writing on facebook, when you put your faith in god you can't go wrong. she will be overwhelmed how well her business has become. >> lori writes on facebook awesome idea. hope she does well. the good lord will take care of her no matter what happens with her business. frank says unfortunately not all people are honest. there will always be a few who will abuse the system therefore, hurting the business. thank you to everyone who responded. we're going to have to try that restaurant. it is in our neck of the woods when we go home. >> we appreciate you joining us today. >> have a good day. "fox & friends" starts right now. >> bye. good morning. it is wednesday, october 8. i'm elisabeth hasselbeck. we begin with a fox news alert. do you know who this >> we're here in the 17th division military base just outside the city of iraqa. >> he could be an american and the f.b.i. wants your help identifying the voice you just heard. >> meanwhile, the president famously dodged this question. >> did he tell you, secretary panetta, it was a terrorist attack? >> you know what he told me was there was an attack on our compound. >> he didn't use the word terror. >> this morning he, the former secreta
a big win for mitch mcchonl. >> reporter: a big win. they haven't heard, wolf. so the viewers are getting the news before the supporters here at the headquarters in the marriott in eastern louisville. when they do find out, this place is going to go crazy. and there is already optimism. this is a bit of a foregone conclusion, this is what folks are expecting but they want to hear it officially. i'm told mitch mcconnell is upstairs and watching -- presumably watched this announcement with his wife and top advisors. it has been a very good night for mitch mcconnell as he retains his seat in the u.s. senate, wolf. >> mitch mcconnell, we have projected, will win. he will be the senate from kentucky -- the senator from kentucky and he hopes to be the majority leader in the united states senate. we have some other key race alerts to go with right now. we cannot make a projection in georgia between michelle nunn, the democrat and david purdue, the republican, we don't have enough information yet. and similarly in virginia. mark warner, the democrat billion challenged by ed gal espy. we don't have enough information to make a projection in virginia. but we can make other projections. take a look at this. south carolina for example, lindsey graham easily gets re-elected for another six years. lindsey graham beats brad huddo for another six years. south carolina stays with the republicans. also tim scott, he will have -- actually another six year term. he wins a special election and will fill out the term left by jim demint who resigned to become head of the heritage foundation here in washington. let's look at where it standed right now with the -- where it stands with the mitch mcconnell win. 34 democrats coming back and 33 republicans. you need 51 to be a majority. 51 for a republican and because according to the constitution, the vice president of the united states breaks the tie. he is the president of the united states senate. as we wait for more real votes to come in, we want to share in our exit polls that they are revealing. and they are are a sampling of voters today and during early voting processes. here is the extra poll result for the state of georgia. look at how close it is. mitchell nun, 38% and -- 48% and 49%. this is the exit poll for georgia so it is -- it shows how tight this race could be. but both of these candidates, according to the exit poll, are -- according to the exit poll are under 50%. that is critically important. here is another exit poll for the state of virginia. mark warner 50% and the republican challenger 47%. close in virginia as well. warner wants another six-year term in the senate but this is an exit poll. remember these are estimates based on our survey of voters. the final outcome may be different. we use the exit polls to make projections in noncompetitive races. and we want to be fully transparent and make sure our viewers get the same information we have. it is very, very important. let's check in with jake tapper. jake, you have a projection for a governor's race? >> that is right, wolf. cnn is projectioning that nikki haley, the republican governor of south carolina will be reeelected to another term. and the senator that she beat four years ago. nikki haley re-elected. that is a cnn projection. some talk that she might be a good vice presidential candidate for the republican party in 2016. cnn does not have enough information to make a projection in the georgia governor's race with nathan deal facing off against carter, the grandson of jimmy carter. and likewise not enough to make a projection in the vermont governor's race where the democratic governor is facing off against the republican. not enough information. and wolf, i understand you have key races to tell us about. >> we certainly do. i want to go to john king. in kentucky, mitch mcconnell, that is a projection we made at the top of the hour, being reelected leading allison grimes. >> she'll do better when we see the votes come in. this is early. i don't expect this to see red. jefferson county only 2% of the vote in and it is 50% to 49%. i expect it to turn blue. but it is a big battleground down here. a lot of campaigning down in eastern kentucky. if you go back to mcconnell in 2008, he lost some of these counties in eastern kentucky, so far tonight he is winning them. even if the counties change, he is holding his own in a part of the state that he struggled in when he ran six years ago. and so mitch mcconnell doing what he needs to do. now he has to wait. he wants to be the senate majority leader and he has to wait the rest of the map fill in. it scott brown win in new hampshire. can thom tillis win in north carolina. mitch mcconnell will have a clue he will become majority leader and if they don't, they will keep this coming across the country. and inside of the mood in the electorate in kentucky to see how mcconnell d. this is interesting. evenly decided. 50% men and 50% women. grimes won the women's vote. but they need a bigger gender gap. look at the 51% among grimes and mcconnell a much bigger gap in a race people thought would be close. democrats 42%. and grimes won them that is why it is blue and 82% that notified themselves as democrats but mcconnell swamped here among republicans. and among those who describe themselves as independents, i expect tea parties, call themself 54%. so he won among independents. and that was key for his winning. and your opinion of the obama administration. 62% of those voting say they are dissatisfying with the way the obama administration is going. no surprise. 7 in ten of them, or almost 8 in ten of them, voting for mitch mcconnell. so dissatisfaction for the president and the key factor there and this was a big issue in the race. 86% of the voters in kentucky said control of the senate was important to the vote today in the grimes and mcconnell match-up and more than half voted for the republican senator and if the nights is expected to go, he'll be the majority leader but a lot of counting to do. >> we do know he will remain in the senate for another six years. big win for mitch mcconnell. >> big win. the democrats wanted to take that state. they wanted to take away the leader. strike that one off the list. >> not happening in kentucky. let's go down to anderson. >> what went right for mcconnell and wrong for grimes. newt gingrich, was it a mistake for her to run so far away and not say whether or not she voted for him. >> when she goes through an entire week and i think five different times refused to say who she voted for when she had been a delegate twice, she was a democratic secretary of state, i mean there is a point where people -- it crippled her believability. i think michelle nunn did a much better job in georgia. next question. >> was that a turning point? >> i think it was devastating for her. first of all, john key mentioned, some of the black leaders were able to hold their nose and pretend, but that really angered people at the grassroots level, african-american who she needed. but more importantly than that, much beyond the ethnic community, she looked like a laughing stock. she came on as somebody as this fire brand, tough talker and taking on the establishment and she can't tell you who she voted for. i think it was a political malpractice. >> and let's give mitch mcconnell some credit, and he is not entirely popular, but he took this race seriously from the beginning. and he had a conservative opponent in matt bevin early so that sort of tried him early. and unlike some other incumbents who tend to ignore the races until the last minute or ignore them altogether, mcconnell put a lot into this race. and what john was saying about the women's vote was interesting. >> only 51%. >> only 51%. and among men mcconnell got 51%. you are seeing that kind of deficits. democrats down among men at far greater numbers than republicans are among women. in colorado, for example, cory gardner was up among men by 21 points and mark udall was only up among women six points. so i think there has been sort of a willingness to ignore men in this electorate and it is coming back to haunt some. >> was it a mistake to put money in for democrats. >> i don't think it was a mistake to put the money in. but i never thought it was likely mitch mcconnell would lose. he is a republican senator in a red state and the leader of republicans in the senate. but allison grimes in the end started strong but ran a poor race. i think it was a done deal before she refused to say whether she had voted for the president but that put the nail in the coffin. >> one more mistake that hasn't been talked about enough, the ad talking about illegal immigrants trying to attack mcconnell from the right saying that he was giving amnesty to illegal immigrants infuriated the grassroots. you see a big dropoff of support and it becomes about her being too tough and wrong about immigration. she's shooting herself in the foot with her own base. >> and kentucky is also coal country. and even though gas prices are down, democrats are not willing to take credit for that because it would mean admitting that fossil fuels are in demand right now. >> and let me say two things about that. one, if you look at the eastern counties that have gone republican, as early as six years ago were going democrat, they fit next to west virginia. so there are patterns much more culturally close to west virginia. two, mcconnell deserves some general credit. this is a very tough, very smart professional who set out very early in the year, knew he would be a target and a tough race and methodically did two things. rebuilt himself and demolished his opponent. >> and that was to jake tapper's earlier point which was i think he was saying in four of the last five races he's run, the candidates have never run again for anything. which is pretty devastating. >> allison will. i predict she will. >> one thing that is important because the disparity in the margins with women versus men is important, especially in a mid term year when other demographic advantages that the democrats have are less prevalent because fewer minorities vote as a percentage of the electorate, fewer young americans vote. so the dependence the democrats have among the margin of the women is more important. >> do you read more into that the independents broke for mcconnell or is that tea party support. >> those numbers are hard to pars. there are numbers that don't want to identify themselves as either party. they tend to skew one direction or another. they tend to vote regularly republican or democrat. >> i do think one thing is important here going forward. he ran against obama. he has no mandate. i think it was across the board, it was sort of if you don't like obama vote for me. it will hurt republicans. because what is his mandate now? do we know what that means? >> we don't. because i believe jake can talk about this, i believe there is a disagreement about the way to proceed and should republicans take control. i believe that there is a wing that says, you know what, we've got to show that -- extend the olive branch, get something done and then there are people who are saying that you can't do that, there are ways to get things done on corporate tax reform, on infrastructure, rebuilding, roads and bridges in this country. that may sound small, but it is actually large. there is an opportunity here. >> i want to continue this conversation but quickly i want to go to wolf. >> quickly to brian todd in manchester, new hampshire, all of the polls close in new hampshire at the top of the hour, brian, but you are getting early results that are being officially shared with our vi vier -- viewers. >> reporter: yes. wolf, this is ward run results readily moderator joseph la chance. >> ward one, 1,056 votes, maggie staten 2,218. scott brown, 1857, jean shat halloween, 1042. congress, frank ginta, 1862. carol shea porter 2071. executive council. >> the results here, first results from ward one. according to the moderator jeanne shaheen with 1042 votes. we have our white board, scott brown with 1057 votes. this is from ward one. a snapshot of new hampshire, one ward in the busiest city in new hampshire. the busiest ward, ward one, jeanne shaheen according to the early results has taken it by a narrow margin, roughly 300 votes. >> we'll see if she can keep that up statewide. the polls close at the top of the hour. new hampshire an important state democrats need to hold on to the senate seat. >> desperately. now that mcconnell has won, he is sitting around looking at the map. those are the votes from up in the state. we are very early on. so forget the percentages there. scott brown, the former senator from massachusetts, he was born in new hampshire and moved there and ran against jeanne shaheen. she was a former governor. and her defense against the obama drag is that you know me. i'm -- i was your governor. i'm jeanne. she is trying to get away from the national climate. if you talk to her supporters up there or people who voted for the president, they call it the national environment. the hillary clinton supporters call it the presidential drag. and in a state with jeanne shaheen who has familiarity in her state, that would call it -- i would call it a high ripple. if the republicans are winning in new hampshire, that would raise serious questions about what is happening in north carolina and then we go across the country, iowa, a state the president came twice when the republican was leading. and colorado, where the republican was leading in late polls. if the republicans are winning in new hampshire, that means they are winning among independents, winning among moderates and if they are winning them there, there is no reason to believe they are not winning elsewhere. >> this is new hampshire a state the president carried twice. >> and i talked to republicans in the state today, their expectation was, let's count the votes, but that shaheen would eek out a victory tonight but scott brown in the final 72 hours put it into play. last week they didn't think it would be in play. and quickly toelina in florida watching the governor's race over there. what is going on? >> we've just learned that charlie crist campaign has filed an emergency motion seeking to extend voting hours at one particular county in broward county, and with people still in line waiting to vote in broward count at three precincts. we don't know what will happen with that motion but they are requesting additional time for these voters. >> that would be amazing, if there is a problem with the voting in florida. a lot of us remember what happened in the year 2000. we'll stand by and hear if they get extra time for people in broward county, that is ft. lauderdale and others for extra time. and in the meantime, a key win, with mcconnell named the winner, we are just minutes away from the next poll closing in west virginia and north carolina. and the battle of the democrat could be decided, get this, by a pizza delivery man. but first a look at the big winner this hour. mitch mcconnell. >> our race is the only one in 2014 that has any national significance. >> senator mitch mcconnell could emerge from tonight as one of the most powerful men in washington. he is old-school, unflashy and a master of back room politics. >> so i air dropped into a report. >> a man who gets deals done or makes sure they are stopped. he's married to a former labor sect, elaine chow, a washington power couple that may be even more powerful after tonight. if republicans capture the senate, you are looking at the new majority leader. mitch mcconnell is kentucky's choice. election night in america is brought to you by mercedes benz. engineering some of the most advances vehicles on the road today. oh what fun it is to ride. get the mercedes-benz on your wish list at the winter event going on now - but hurry, the offer ends soon. 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[ female announcer ] everyone has a moment when tomorrow becomes real. transamerica. transform tomorrow. thank you. ordering chinese food is a very predictable experience. i order b14. i get b14. no surprises. buying business internet, on the other hand, can be a roller coaster white knuckle thrill ride. you're promised one speed. but do you consistently get it? you do with comcast business. and often even more. it's reliable. just like kung pao fish. thank you, ping. reliably fast internet starts at $89.95 a month. comcast business. built for business. we're awaiting results from two more make or break senate races. >> republican hopes of picking up both seats just might be spoiled. >> just moments from now, one of the senates most vulnerable democrats is in the political fight of her life in north carolina against a top republican state lawmaker. >> i want to go to washington and clean up kay hagan's mess. >> tillis has different priorities, the wrong priorities. >> stand by for votes crucial in deciding the vote of the senate. we know west virginia is getting the first female senator, no matter who wins. this is cnn's coverage of election night in america. the fight for congress, the battles for governor and the issues americans care about most. >> reports of the demise of the democratic party are remature. >> i believe we are going to retake the united states senator and retire harry reid as the majority leader. >> the polls are clozing in three -- closing in three more states and anything is possible until the last vote. it is election night in america, we are focusing on the fight for power in the united states capcapital. welcome back to the cnn election center. i'm wolf blitzer. we're counting down to the next round of poll closing and the possibility of a dramatic save for the democrats in the battle for the united states senate. we are standing by for results from more key senate races. we are watching 13 key states where the senate seat may flip from one party to another. polls are about to close in west virginia or north carolina. in north carolina. will kay hag gan survive, and tillis' hopes could be crushed by a pizza delivery man. and democrat natalie tenant is in a fight against capitto. this is where there might be the first senate pick up of the night. the republicans need a net gain of six seats to win a majority, and we are just minutes away from the poll closings in north carolina, ohio and west virginia. let's check in with anderson for more. >> our correspondents are monitoring the key senate races and we are taking you behind the scenes as the votes are counted. i want to focus on north carolina. rene marsh is here at kay hagan's headquarters. what are the thoughts about her chances? >> reporter: well anderson, i just spoke with both campaigns, the tillis campaign and the haggan campaign, the hagan campaign is feeling good tonight, for two reasons. we know that the early voting results, they came in skewing towards the democrats. also, the haggan campaign is saying they have built the best veteran turnout operation north carolina has ever seen. new numbers just received, they say today alone they knocked on more than 4 are 52,000 doors and -- 452,000 doors and spoke to 800,000 people today. and the tillis campaign says they are cautious and they say that democrats at those precincts are under performing. back to you. >> over to jake tapper monitoring more from north carolina. >> and the big question, will the pizza man help deliver the state to kay haggan, for the tar heels. we have miguel marquez in winston, salem. >> reporter: we could use some pizza out here. it is possible he will. because sean hall is holding 4% in the polls and a margin of difference between the two candidates has been one, two, pain dead on even the entire time. we expect the four biggest counties to start reporting their votes. the early and absentee votes, and gill ford county said they will be on time at 7:30, just a few minutes. mecklenburg will be a few minutes later. jake. >> miguel marquez, thank you so much. and now let's turn to cnn's john king with the snap shoot of the votes you care about. >> and the break down of the vote by gender. 52% in women, more women than men but that number is down from when kay haggan was on the ballot in 2008. last time the number of women was down. it is an overwhelming 72%. the african-american number. 25%, about on par with past elections. and the latino number has dropped. 2%, down from 3% or 4 % from past elections in north carolina. we'll see if that makes a difference when the results come in. and the young population, 18-29 has dropped significantly. the percentage of 65 and older has gone up a little bit. on the surface that tends to bode well for republicans but we'll see when the actual votes come in. one more as we look as north carolina. how is the president handling his job. that is a key issue. thom tillis saying kay haggan votes with the president and 43% dis -- 56% disapproving of the president's job. and we start with the senate wrap. and the republican gillespie favoring here. and let's move down to the state of georgia. that is the hotly contested, just 1%. and remember in georgia state law, you need 50% plus one to avoid a runoff. and exit polls interesting later in the night. and i want to switch. a potential controversy in florida, they are asking to keep the polls open in broward county. charlie krifs at 71% and rick scott at 27%. this is absolutely critical territory for republicans to run it big down here in south florida, and the charlie crist campaign trying to keep the polls open, saying there are lines out there. but this is the most critical part of the state, the three southern most counties, miami, dade and broward, and again early counting territory, that is palm beach county, charlie crist ahead, broward county 71% and so obviously he would want to keep the votes open for longer and hoping he can offset in other parts of the state. >> we are watching the florida race very closely. but guess what, we are watching two states that are about to close. west virginia, will the democrats lose in west virginia? that will be a pick up for republicans if that were to happen and we are also watching north carolina where senator kay haggan is fighting desperately. stand by. >> we could make our first projection at 7:30 p.m. eastern. we project the first republican pickup of the night and the democrat seat who used to be held by jay rockefeller, shelly moore capitto will defeat natalie tennant. that is a big win for the republicans in west virginia, and that now reduces the magic number for the republicans from that net six to net five to become the majority in the united states senate. we cannot make a projection in north carolina. between kay haggan and thom tillis. let's show you what has happened as a result of west virginia and kentucky. so far there will be 34 democrats in the united states senate, 34 republicans. still a lot of races outstanding. you need 51 to be the majority if you are a republican. you need 50 if you are a democrat because joe biden would break the 50-50 tie and with west virginia going republican, the number is down to five from six. as we wait for the real votes to come in, we want to show you what the exit polls are revealing. remember these are estimates based on interviews with a sampling of voters as they left select voting stations. and look at how close it is in north carolina based on the exit polls. 49% for the incumbent kay haggan. 46% for thom tillis. three point advantage for kay haggan. but exit polls are estimates, based on interviews with voters. final outcome may be different. we want to be transparent, to make sure the viewers have the same information we have and hear it directly from us. let's go to jake with a governor's projection right now. >> that's right, wolf, cnn is projecting in ohio, republican incumbent john kasich will be re-elected. it is projected he will be re-elected governor of ohio. it was looking as though he might have a tough time, but the cuyahoga delegate threw in the towel. and the votes are still open in some places. some of the vote right now, 36% of the vote, charlie crist is up by 103000 votes. he has 50% of the vote of what has come in so far over rick scott, the republican incumbent governor. but as we know in florida, this will be tight and go all the way to the end. as we discussed after, charlie crist has filed an emergency motion with the circuit court there because he feels that in broward county, that is where ft. lauderdale is, there were too many problems with polling and lines and he wants the polls kept open two extra hours until 9:00 eastern. it has already been denied by the broward county supervisor of elections but now going to circuit court. we'll keep an eye on that and watch the vote in florida come in. right now 99,000 seats, going down as the vote comes in. 36%. charlie crist up 50% to rick scott's 45%. wolf. >> jake, thanks very much. we have some real numbers coming in. also key races that we're watching in georgia. we have not been ache to make a -- been able to make a projection early. david purdue, ahead of michelle nunn by almost 6,000 votes, 64% to 34%. but very early. similarly early in virginia. 6% of the vote is now in. the republican challenging ed gillespie is ahead by 20,000 over mark warner. 56% to 41%. ed gillespie ahead over mark warner but only 6% of the vote is in. nick valencia is watching what is going on in georgia for us. you got some votes coming in over there, nick? >> reporter: yeah, hey, wolf. just still very preliminary numbers. these are the first votes that we're actually seeing here on the georgia board of elections. as you mentioned, it is still less than 1%. about into.14% and unofficial results. david purdue, the candidate for u.s. senate up against michelle nunn and this is predicted to be a tight race and with the numbers, 65% to david purdue, and 65.02% to be accurate and 33.38% for the governor, najal deal the republican incumbent against jason carter who is a familiar name here. deal ahead 61%, receiving over 13,100 votes and jason carter with 13% and you see the poll workers getting sworn in. and we are yet to see gwinnett count show up and that is expected here in the next hour. >> and you are just outside of atlanta in dekalb county? >> that is right. and it is gwinnett county and one of the ten battlegrounds. it is counties like this that the democrats hope will help them become competitive and have a victorious night here in georgia. >> and back to john to look at the two battles under way in georgia and virginia. let's talk about georgia first. >> very early. 61% to 37%. not vital to the conversation now because we are only 1%. but as we get closer. we need 50% plus one to avoid a runoff. as we look at the fill-in, going back to the 2010 race won by johnny isakson. this is not a typical. republicans run it up in small counties, atlanta, columbus, savannah do better in the rural areas. this is the biggest place, in clayton count, fulton county, this is where michelle nunn has to run it up and we have nothing. but columbus and augusta in the suburbs critical. >> and let's look at virginia now. >> very early here. mark warner heavily favored, but ed gillespie ahead, 56% to 41%. i want to come to the washington suburbs. loudoun county, this is where republicans with be competitive. 2%. we'll see if that holds. that will show gillespie running more competitive than others thought. this race will be won or lost here. in the d.c. suburbs. and go back in time and look at mark warner's last race, warner wanted a cake walk but you see the washington suburbs and you see that. so the question is, to give you a look at a competitive presidential race, 51-47 and the difference is in the suburbs as we watch the result come in, this one coming in for mark warner, 7% of the vote count in right now. but these three or four counties, fairfax, loudoun, they will decide the race. >> recently skproeded -- exploded with population. and stand by, republicans just scored the first pickup in west virginia. will they score a second pick up in the hours ahead. polls are about to close in new hampshire. scott brown is hoping to defeat jeanne shaheen so he can get a second chance in the united states senate in a second state. ♪ music ...the getaway vehicle! for all the confidence you need. td ameritrade. you got this. we've got a key race alert. i want to update you with votes that are actually coming in to the cnn election center in georgia. no projection there yet, still very early. but david purdue the republican holding on to his lead over michelle nunn the democrat. 60% to 38 percent. about 7,000 vote advantage but only 1% of the vote is in. in virginia, 8% of the vote is in. look at this. ed gillespie ahead of mark warner, the incumbent democrat. 61% to 41%. he's up by about 27,000 votes. in north carolina, no projection there. very early. 1% of the vote in, if that. thom tillis the republican 55%, kay hagan, 41% the democrat, tillis up about 3000 votes. no projections in each of the states. i want to check in with brian todd in new hampshire where the polls are about to close there in new hampshire. a very tight race. what numbers are you getting over there. are you getting more information, brian? >> reporter: wolf, we got early results in from ward one just a moment ago and jeanne shaheen took that ward by about 3 hu00 votes. we have just gotten three wards total, including three wards, ward one here in manchester. they come through here in this door at city hall. our photo journalist rick shine is going to show me where they are going to go. they've just been brought up to the office on the third floor where there is a big board with results on it. they go up in this elevator so we're about to head back up there. they are being tabulated now and put in the data base and there is a big board up there with the final results from all of the wards in manchester. and only three wards have come in so this is just a snapshot of manchester so far but taking how the ballots come in and how they are processed and tabulated upstairs, we're about to go up to the big board and show you that in just a minute. >> this is a state the democrats desperately need to show on. jean shaw herein, that would be a key state. and erin mcpike is joining us. i think you are in tampa. there is a very important governor's race. >> reporter: wolf, there sure is. and what we know from the early vote. rick scott is going in with a much shawler advantage than in 2010 when he won with just 1.2 percentage points. there were 270,000 more republicans that vote and this year that disadvantage is just 100,000 votes. the vote tabulation is going on behind me right now. it has just begun. polls closed here in tampa at 7:00. the rest of the state in the panhandle closed at 8:00. but what we know so far of course is that charlie crist has about 50% with the votes that are in to about 45% for rick scott. that is tracking very closely with what is happening here in hillsborough county. >> charlie crist, the former governor wants to be the governor. he is asking courts to allow to continue voting in broward county where ft. lauderdale is because of a problem in voting. we're watching that closely. and i want to go to jim acosta at the white house. you have some information on what the president is planning on doing tomorrow and the day after these elections? >> reporter: wolf, if past is prologue, then we should expect to see the president come out tomorrow and talk about the mid term results. i'm told that the president is realist about what is happening tonight. they are planning for all eventualities, and a cliff hanger. something that might carry on for the next few weeks if we have recounts and runoffs in some of the states. but wolf, i can tell you they do expect there to be a debate inside of the democratic party as to whether or not it was a good idea for the president to stay away from all of the key battleground states. they know that will come up if tonight doesn't work out that well. the other thing they do expect to hear is the questions about whether or not the president with the republican senate will take on a more con silly atory tone, and more of a compromise on key issues and what i heard from a white house official, the better question is whether the republicans want to cooperate with him. a very pug nashs tone. no signs of an administration shake-up and one white house official said you can bet the president will take executive action on immigration. they said john boehner had his chance and he blew it and the president will move forward on that. >> john acacosta. thank you very much. and we're getting more real votes coming in. we've seen the exit polls, north carolina, virginia and georgia. let's go to north carolina so far. >> tillis ahead in the county 52% to 45%. and it is too early. so look at what is important. charlotte, mecklenburg critical to kay hagan. she needs african-american support up here. and people if the state said they were worried about the margin. so we'll watch the final numbers there. and also up in the raleigh, durham area, and college educated women, the research triangle critical to kay hagan. thom tillis has to have more in the rural areas. and i think the exit poll showed a slight edge for her. but we'll have to wait to count the votes. too close to call. and virginia, only 16% of the vote in, but ed gillespie, who ran a good campaign, and at the moment, 16% of the vote in, giving mark warner more of a race than he thought would be coming. and this is out in rural virginia. >> hold on one second. i want to show our viewers what is going on in florida right now. take a look at these numbers that are actually in in florida, charlie crist, 47.5% and rick scott, the republican governor, 47.4%. nearly 3 million votes have been counted and charlie crist is is ahead of rick 3,421 votes, 54%. more than half of the vote in florida is already in. but this is such an incredibly close race right now. we're waiting for another update on an emergency request for extended voting in one florida county, that would be broward county. last polls are scheduled to close at the top of the hour. could the former republican governor make a comeback as a democrat. we just saw how close this race is. stand by. will the current governor stay in charge? 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[ narrator ] on a mission to get richard to his campbell's chunky soup. it's new chunky beer-n-cheese with beef and bacon soup. i love it. and mama loves you. ♪ we're heading into the rush hour of this important election night. >> and get ready for new midterm election results that could influence the next presidential election. >> just moments from now, a critical hour in this midterm election, the most poll closings, and a pair of marquee match ups. >> we don't need to import a senator who will export american jobs. >> and in florida, it's a former governor who switched parties versus the man running the state now. >> it's cnn's election coverage in america. the fight for congress, the battles for governor and the issues americans care about most. >> the only thing that counts are those votes. >> anything is possible until the last vote. we're live here in the nation's capital waiting to learn which party will be in charge of the united states senate. we're closing in on 8:00 eastern. and the first results from one of the nation's closest senate showdowns. remember, we're watching key races in 13 states where the battle for the control of the senate will be won or loss. so far, two of those states have gone republican. right now we're focusing in on new hampshire where the polls are about to close. here's what we are looking for. will democratic senator jeanne shaheen be sent packing by a former colleague, scott brown. he could score the second pickup by republicans and make a come back in the state. republicans now need a net gain of five seats to gain control of senate. but the number could about back up if they lose any seats in the hours ahead. get this, in alabama, connecticut, delaware, the district of columbia, florida, maine, maryland, mississippi, illinois, maryland, massachusetts, missouri, mississippi, new hampshire, new jersey, oklahoma, pennsylvania, rhode island and tennessee. >> the former republican is in a bitter grudge match with the gop incumbent rick scott. as we get closer to the top of the hour and a chance to make some new projections, let's go back to anderson for more. >> we have more than a dozen correspondents all throughout the country, following key races. they are getting new information all the time. i want to go quickly to our correspondent in new hampshire. michelle kosinski. how are things at headquarters for shaheen? >> we expect to see them arriving soon just after polls close. and they tell me tonight they're not doing any internal polling but are eagerly watching the numbers come in. what we saw is shaheen, a healthy lead over scott brown. that was in a heavily democratic area. what we've seen in the last 24 hours in polls, scott brown closing that gap significantly. one poll showed him leading by one percentage point. >> a very close race indeed. we'll continue to follow any celisel michelle kosinski. >> do we have any more information on the trying to get an extension? >> reporter: the decision that was filed by the crist campaign asking to extend voting hours in broward county by two hours until 9:00 eastern. this is just north of miami, the home of ft. lauderdale, and it is a democratic stronghold. the campaign says there are long lines outside several precincts and that several voting problems were reported. and that's why they made this request. the polls in brow around county closed at 7:00 eastern, and we are told that everyone in line will be allowed to vote. but we are all anxiously awaiting to see what happens with this emergency motion, anderson. >> a lot developing there in florida. jake tapper, we expect a lot of these races are going to go late into the night. >> that's right, anderson. they certainly know from cliff-hangers in florida. our correspondents are taking us behind the scenes as the votes are counted. let's find out exactly what's going in on in florida and in new hampshire. let's go to brian todd in manchester, new hampshire. >> reporter: jake, the results from the 12 wards of manchester are coming in. we've got eight of the 12 wards, maybe nine have just come in. here's one of the wards right now, ward three has just come in. they come in on a tabulator that you see here. this is the exciting part of the night. this is where the ballots are counted and tabulated. and you're seeing it live. this is what we love about covering these, all of this ballot cam coverage. what we're going to show you also is the big board up here. that's the tabulation from ward one. jeanne shaheen won ward one. about 300 votes. they're tabulating some of the other wards now. but they come right in here, get tabulated here, get put up on the big board, and people can come in here freely and watch it. >> all right, bryan todd in new hampshire, which is the site of one of the closest races in american history, about 400 votes. let's go to tampa, florida where erin mcpike is keeping tabs on everything. erin? >> reporter: in this room behind me, the votes are being counted at hillsboro county. and right now in this particular county, charlie crist is ahead by four percentage point, but in the state overall, it looks like a dead heat. and if at the end of the night the margin is less than half of a percentage point it goes to an automatic recount. i spoke to a number of republicans today who said they are expecting just that. >> we're keeping an eye on that important governor's race, where it's neck in neck. if it's less than one half of a percentage of victory, it automatically goes to a recount. these are battle ground states. let's find out what the voters in those important states are thinking. >> let's go into the mood in new hampshire. 29% are democrats, 27% are republicans. this is a place where the independent population has always been big and it's growing. 44% describe themselves today as independent. how's the president handling his job? this has been a big issue. 56% of the voters in new hampshire disapprove of how the president is doing his job. only 44% approve. so there's part of the opening for scott brown in this race. does jeanne shaheen agree request the president too often or the right amount? more than half said too often. so, again, that bodes in scott brown's favor, however, folks are familiar with jeanne shaheen. in florida, look at the even split here, 32% democrats, 34% republicans. 34 independents. what do they think of their candidates? 51% of the voters today said they had a favorable opinion of charlie crist. and 44% unfavorable. if you go over and take a look, these are governor races. but we've got a ways to go here at 63% of the vote. but this map is filling in. that tells you, wow, tight race, wolf. >> it's going to be a tight race in new hampshire where jeanne shaheen and scott brown are in a desperate battle right now. and take a look at this. we could not make a projection in new hampshire right now. we don't have enough information even though 9% of the vote is if. no projection in new hampshire, but we can make several other projections. susan kcollins will easily be reelected in the state of maine. as is the case with that, thad cochran beats childers, easily reelected in the state of mississippi in alabama, jeff sessions didn't have an opponent. he will be in the senate for another six years, jeff sessions easily gets reelected. let's see some other republican wins. in oklahoma, james inhofe comes back. he remains in the senate. in oklahoma as well, james lankford. so lamar alexander gets another six years. ed markey will now have his first general election win in the state of massachusetts, ed markey wins in massachusetts. and one more in new jersey. cory booker. he came in after the death of frank lottenburg. he now wins in new jersey. cory booker will be the united states senator in new jersey. he gets that win. no projection, surprisingly, in illinois, at least for now. no projections in delaware, illinois, new hampshire, rhode island. as it stands right now, 36 democrats guaranteed to come back in the united states senate. 40 republicans. they are ahead right now. as we wait for more real votes to come in, we want to share the latest exit poll data with you. these are estimates. they're based on interviews on a sampling of voters. here's the exit poll for new hampshire. 52% for jeanne shaheen. 48% for scott brown. these are estimates, based on interviews with voters. the final outcome may be different. you want to be fully transparent. make sure our viewers get the same accurate information that we have right now. let's check in with jake. he's got an update on governors' races. >> that's right. take a look at florida right now. okay. charlie crist, the democrat, has 47.7% of the vote. rick scott, the incumbent republican has 47.4%. the difference is .3. as we've mentioned already, if the difference is .5 or less it already goes to a recount. an excitingly close race. grueling, expensive, nasty, that's going to continue, i suspect until the last vote is counted. but we also have projections to make in some key governors races. in pennsylvania, a big upset benefitting the democrats. tom wolf, a york county businessman defeats the incumbent republican tom corbett. in alabama, robert bentley easily dispatches with parker griffith. and look at this in tennessee, no surprise there, the incumbent republican defeated charlie brown. now let's look at all the races where we projected winners and where we cannot. look at these unknown. yellow is unknown. yellow we do not have enough information to make a projection. look at new england. this gives you an idea of how difficult terrain has been for democrats. we cannot make a projection in new england, in illinois. it shows you just how tough it has been for democrats this cycle. so none of those projections yet for connecticut, florida, maine, maryland. we cannot make a projection. massachusetts, we can't make a projection. new hampshire, oklahoma, and in rhode island, which usually trends blue. wolf? >> thanks very much. i have a coe race alert. these are actual votes that have are wi already been counted. 10% of the votes have been counted. jeanne shaheen has 56%. she e's up by 5300 votes. kay hagan ahead by nearly 10,000 votes, 50% to 47%. kay hagan had been, only 15% of the vote has been counted. in georgia, no projection there. 61% for david perdue, michelle nunn, only 37%. in virginia, no projection there as well. the republican challenger, ed gillespie is up by 50,000 votes over mark warner, the incumbent senator. more than 37% of the vote is in in virginia. these are all key states we're watching right now. i think this is surprising. ed gillespie's doing well so far with 34% of the vote in. >> surprising as more of the vote has come in the lead has narrowed a little bit. we have nothing from down here in virginia beach. this is a very reliably democratic area. this is back to the race last time. let's peek and see what's missing. ed gillespie doing what a republican has to do. winning right in roanoke city itself with 59%. so in the rural areas, once you get outside of the cities gillespie doing very well. here's where these races are won, and this is only 12%. but watch if this holds up. if he can hold on in loudon coun county, there's the democratic advantage. only 7% of the vote in here. this is a competitive race, but we need to wait on the count. this is where these people live. these suburbs have exploded. warner winning big at the moment. so if these margins hold up, as we get from 7% up to 50, 60, 70, 80%, that's where the numbers r so let's be careful as we look at this. but this is not where mark warner was expectig. we will watch virginia. that would be a stunning upset. you have to say wait and see. >> let's see what's happening in north carolina. north carolina's shaded blue at the moment. 20% of the vote in. kay hagan at 52. thom tillis at 45. remember there is a third-party candidate. if you look at the race again, you're looking for anomalies, something that looks different than it should, this looks like an ordinary, competitive race. let's look at 2012 and you look at the romney/obama race. romney won the state in 2012, not by much. 51 to 48. this is where republicans have to run it up. but more importantly, here's where the votes are in raleigh, durham, one of keat questions was, would you get african-american turnout, at a time when kay hagan was saying don't come see me, mr. president. as we watch, we have a lot more to come in. but at the moment she's winning in places where she has to went like mecklinburg county. and elizabeth dole is doing the numbers she needs to do there. if you look at this now, we're going to have to count them for a while. it's filling in as you would expect them to. >> at the last minute, she asked the president to do a little radio ad for her, and she approved of that ad. let's see if that helped turn out the democratic base. let's go to georgia right now. looks like a pretty important contest there as well. >> pay no attention to the numbers in that perdue has the early lead. no votes at all coming in clayton county here in the atlanta suburbs. fulton county, nothing. so, again, just as we've talked about in north carolina, the key question is, can michelle nunn, she didn't invite the president down. she said he'd be gone in two years. another place you have to watch for democrats over here in chatham county. so you look at this map now, in the rural areas, david perdue, this is what he has to do, run it up. but there's not a lot of votes there. the question that will be answered is when the cities come in. so we have nothing from the big democratic areas yet to give us a sense of how this is going to go once the vote totals. >> we are joined from lawrenceville, georgia. >> reporter: just like john king said, not a lot of votes counted here in gwinnett county. let's bring you back over here to the georgia election board numbers. we've got about 250,000 preliminary votes right now. less than 5%. again, these are very early, raw numbers. david perdue, 141,000 for him. and just to show you a sense of how these counties are trengd right now, not official but this is how they're trending. nothing from the atlanta area, nothing fry gwinnett so far. but you see mixed green and blue, with swafford getting less than 4,000 votes still very early in georgia. >> i want to go back to john and take a closer look at new hampshire. this is a race that has great significance. >> you have massachusetts blue. you just projected the ed markey race. this one here, the question is, would it be a tough race, with jeanne shaheen with an early lead. i'll show you, let me pull this up a little bit. if scott brown is to win this race, he's going to win it down here. jeanne shaheen will win there, but he has to win this area. a lot of independents, if scott brown is going to went it, the southern belt of this state will be filled in. but jeanne shaheen has the lead at the moment. we're getting them in manchester. remember in 2008, this is a state where people do tend to vote late. 2008 early on, it looked like barack obama was winning, hillary clinton came back late. jeanne shaheen has to win those. that's your gritty, blue collar. then you move up here to the state capital, jeanne shaheen needs to do well there. 100% in, she needs to get 67%. you get to the strip of college towns, dartmouth university. if you're looking at what has come insofar, you're feeling pretty good, but we need to sea the seacoast and the massachusetts border. >> i want to show our viewers how close it is in florida right now. this is the governor's race in florida. wreck scott, 47.9% to charlie crist's 47.2%. only 32,000 votes ahead. 32,000 votes, look at this. almost 4 million votes have been counted. 74% of the vote already in. look at how close it is in florida. you've got some news, elena? what are you learning? >> reporter: we've learned according to a spokesperson from the florida secretary of state a judge has ruled on that emergency motion filed by the charlie crist campaign seeking to extend voting hours in broward county after learning about possible problems at some polling stations. we're theeld that motion has been denied and from a spokesperson from the charlie crist's campaign we're told that they will not be appealing that decision. we're also told that the rick scott campaign is not commenting on this emergency motion, but it's worth noting, wolf, that the people who were already in line at 7:00 eastern when the polls closed will still be allowed to vote. >> looks like that judicial issue is over with right now. let's take a closer look at virginia right now, once again, because it's obviously a bit of a surprise that gillespie's apparently doing as well as he is. >> we're up to 36% of the vote. ed gillespie continues to hold that lead. only 14% of the vote counted so far in fairfax county, so this is mark warner territory. so we need to watch that at the moment. they're not panicking at warner headquarters yet, but they are sweating a little. louden county is a little tighter. if this one stays red, gillespie's putting up a tough fight. again, i just want to note, this is a big democratic strange hold. we have nothing, nothing reported down here. so that's a democratic stronghold, but ed gillespie running very well in the small, rural counties of virginia. this gets you into play, all that red out here. but the way you win is to be competitive in the suburbs. close elections like this are won in the suburbs. >> a suburb of washington, d.c. >> this is a lot of people who work in this town live here. a lot of younger people, lot of latinos. this area has changed dramatically over the course of the decade. post 9/11 you had the high tech and defense industries. it's the fastest growing areas of the state. mark warner getting 68%, only 21% of the vote, and a lot of people live here. as the counts come in, the maps will go up. you move to alexandria city, about 70% of the vote in there. there are still plenty of places here. this is a tougher race and closer race than we thought it would be. there are still plenty of places for democratic votes to come in, including here in the suburbs. >> in florida, it's an incredibly close race. >> brings back memories as you and i remember. >> now it's shaded red, but it keeps going back and forth. 75% of the vote count in. luckily, we're past hanging chads and all that. the technology is a little better. but 75% reporting. what do you look at? this is likely to be red. let's take a peek at how rick scott's doing up here in the panhandle. boom, you touch it and vote comes in. 57% to 38. you see where you do have vote here, again, it's a smaller county, but that's only 5%. wreck scott needs to keep these margins in these small counties and run it up. because you're going to see a lot more red than you see blue in the state of florida. the problem for the republicans is, you start moving down here, as they say, the further south you go the further north you get. this is where you have a lot more transplants. only 8% of the vote in. there are a lot of votes still to come in. if charlie crist keeps that margin, he's going to be tough to beat. move a little further to broward county where there was dispute about keeping the polls open. >> these are absentee ballots. >> if that split holds up, when you get the boat load of votes that are missing here, it could make the difference. and the same difference. rick scott had a tight race the last time we went at this. he's getting 41. 27% of the current race here. he got 33% last time. so those three southern most counties could make the difference. >> let's go back to anderson. he's got big surprises at least so far florida and virginia, florida how close it is. virginia ed gillespie doing well. >> potential surprises. let's drill down on both those races. let's talk about virginia first. ed gillespie, a strong showing at this point, still a lot of numbers to come in. >> i think it's a surprise. i mean, you know, if there's always a surprise on election night. ed gillespie may not pull it out. but the fact that he's do being so well is a shock even to republicans i've been communicating with. >> former head of the rnc. >> right. former head of the rnc, worked for george w. bush, was always a staffer and decided to run, which came as a shock to his friends, but these are important bratle ground presidential states in the fact that ed gillespie has a race here and is this close in florida has a lot of dth democraemocrats say that interesting for 2016. >> he's a rising star, a guy who works across the aisle. this was the battleground state. virginia was not on anybody's radar screen officially. because they were 7 to 10 points ahead. >> i think there are a lot of political battlefields that are littered with the bodies of former rising stars. eric cantor, defeated in a primary. obviously, that's a much smaller group of voters in a primary than in a general election, but you're exactly right. interesting about ed gillespie, who is a very seasoned washington hand. he ran against warner as mark warner has changed. has mark warner was a one term popular governor in the state of virginia. i'm sorry, commonwealth of virginia. i don't want to get tweets on that. washington has changed him. and mark warner ran after ed gillespie, talked about the fact that he was a big, high-priced lobbyist. so they were attacking the other. >> the other race that you've been following closely, jake, is florida. it's evenly divided between republicans, democrats and independents. >> one of the thing that is so fascinating is that both of them were unpopular. both of them were underwater. more people disliked them than liked them. when i was down there moderating the last debate i would hear from voters. they didn't like their choices. they didn't like their options. and this is the reason it's so close. it looks like it's going to keep getting closer and closer. >> the debate you moderated was fascinating. just the antipathy. >> and it was one of the reasons, the other guy too slick and the other one not slick enough. >> it could be a very late night in florida. >> it will be. and i was there over the weekend with joe biden. and i think one of the questions people are going to ask if charlie crist does not pull this out is whether the president should be down there helping to get out the vote. they had joe biden talking to a largely african-american audience, getting them out to the polls. >> i've got to show our viewers the numbers. rick scott, 80,000 votes ahead or 81,000 right now,. it is neck in neck. and in clinton county, the polls close soon in arkansas. can he save an embattled democrat in his own state or will the republicans get control. that is just ahead on this election night. 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[ female announcer ] everyone has a moment when tomorrow becomes real. transamerica. transform tomorrow. coming up, one state with high stakes. >> and for the clinton family, this one is personal. >> just moments from now, democrats on the defensive on bill clinton's home turf. in arkansas, a senator from a popular political family is being linked by his opponent to an unpopular commander in chief. >> we need a senator who will stand up to barack obama. >> that's the biggest bunch of hogwash i've ever heard in my life. >> and it gets even more intense in the coming hour with three more incumbents in danger, and they're not all democrats. >> i will never give up. >> this is cnn's coverage of election night in america. the fight for congress, the battles for governor, and the issues americans care about most. >> why would you not vote? it's your future. >> the polls are closing in arkansas, and anything is possible. until the last vote. congress look very different at the end of tonight. there's a lot on the line for democrats in clinton county. we're standing by for results in another one of those 13 key races that will decide which party controls the senate. the polls are about to close in arkansas. here's what we are looking for right now. will senator mark pryor be toppled by a republican rising star, tom cotton. a win for him would make him one of the youngest members of the united states senate. based on the results right now, the republicans need a net gain of only five more senate seats in order to get a majority and win control. as we stand by for the polls to close in arkansas, we also want to look ahead to one of the most interesting governors races in the country, mary burk is challenging scott walker. he survived a recall election and now is seen as a possible presidential contender in 2016. polls close in wisconsin right at the top of the hour. anderson cooper will be watching that race and a lot of others very close. >> that's right. we have the best political team in television spread out from coast-to-coast to cover the most important and fascinating races. we want to turn back to that of battle for control of the senate in cotton's headquarters. >> reporter: the polls are about to close. if tom cotton wins, he would be the first u.s. senator to be born after the bicentennial. he faces mark pryor. he's been a senator for two terms. 12 year. it was very heavy early voting, and both men believe that plays to their advantage. >> polls close there very shortly. we want to check in on the wisconsin race. ted rollins is at governor walker's headquarters. how are things there tonight, ted? >> reporter: scott walker is being watched. he is a conservative favorite. they're watching to see if he can get reelected after he imposed those incredible law changes when he first took office in his first of session. mary burke is running against him. if she's elected she would be the first wisconsin female governor. and as you mentioned earlier scott walker not only trying to keep his job here but trying to keep his 2016 presidential hopes alive. burke needs a huge turnout in milwaukee and madison if she hopes to win. >> our jake tapper is following a lot of fascinating governor's races. he's checking in on our ballot cam reporters. >> some of the hottest races could be decided by a very small number of votes, including the showdown in arkansas. randy? >> reporter: this is the rum where it all happens. it's going to be very exciting. and this is what we are going to be keeping our eye out for tonight. this big blue bag. this is what the results come in. and what you're going to find in this bag when they open it here is a plastic bag that is sealed which will then have these memory cards and this memory card, one that looks like this from the paper ballots, and these will all be counted on machines called the m-100. they'll be sliding them into a machine like this, it will go into a computer and spit out to the secretary of state's office. this is the early voting. this is all of it right here. it's going to be counted in just moments here in pulaski county. >> thanks very much. we're watching what's going on in arkansas right now. get ready for a projection. and look at this. tom cotton, cnn projects will be the united states senator from the state of arkansas, defeating mark pryor, a major, major projection. now the magic number for the republicans, down to four. they need a net gain of four senate seats, seats that were held by democrats, without losing any republican seats. tom cotton. tom cotton will be the unit senator from the state of arkansas. gary tuckman is on the scene for us. gary, i assume this is going to be pretty exciting news for the folks who supported tom cotton. >> it already is, because the tv set is on cnn. everyone just saw your projection. they're very happy people here. tom cotton's already in washington. he's a first-term congressman, been there a year and ten months. he will now be switching the sides of the capitol building to become one of arkansas's two u.s. senators. he will be the youngest senator at the age of 37. he has an impressive resume, an army officer, graduated from harvard law school, served in iraq, in afghanistan twice. and what he's done a lot of during this campaign is talked about his opponent, mark pryor and said he's too closely aligned with president obama. mark pryor on the other hand is a two-term senator and is very disappointed in president obama. it has not worked out tor pryor but has worked out for tom cotton. the first time since the 1870s that there will be two republicans in washington. >> we have more projections for you right now. in rhode island we project jack reid as fully expected democrat being incumbent will be reelected. jack reed gets another six years in the senate. dick durbin in illinois defeats his yoipt and will remain in the senate for another six years. 38 democrats guaranteed in the next u.s. senate. 41 republicans. still plenty of outstanding races. the magic number being 51. the republicans now need a net gain of four. they started with six. now they need four more wins, net wins in order to be the majority in the united states senate. as we wait for more real votes to come in, we want to share some new exit poll information with you. these are estimates based on interviews with a sampling of voters as they left select polling stations. we're going to get those exit polls in a moment. jake, you've got a projection right there as well? >> that's right, i do, wolf. it looks like it's a good night for republicans in arkansas. cnn projecting that asa hutchinson the former bush administration official will be elected the next governor of arkansas. he defeats mike ross, a democrat. asa hutchinson cnn projecting will be the next governor of arkansas. now let's take a look at that hot race in florida where we had 89% of the vote in. rick scott has now taken a lead, 49% of the vote, compared to democrat charlie crist's 46% of the vote. he's up 124,000 votes. but of course that is still not enough information. we're still waiting for 11% of the vote to come in. now i understand you have key races you want to talk about. >> i do have some key races. let me show the viewers. david perdue, the republican, 61%, 3% for michelle nunn. in georgia, if you don't get 50% plus one, there will be a runoff on january 6. right now it's still early, but perdue ahead in georgia. more than half the vote is in, 52% for the republican ed gillespie as the challenger to mark warner with 45%. ed gillespie doing very, very well in virginia. a lot better than a lot of the pundits originally thought. they thought mark warner was going to ride this one out. he might based on some of the results that are still not yet in. but with more than half of the vote in, mark warner not doing all that great. in north carolina, no projection, a third of the voters in. kay hagan ahead 52%. she's got a 61,500 vote lead ahead of thom tillis. in new hampshire, jeanne shaheen has 56%. scott brown, 40%, 44% for scott brown but only 17% of the vote. i want to go to dana bash, our chief congressional correspondent. you're in the war room over there. what are you learning? >> reporter: well, i'm learning that according to sources from the parties that on friday, the white house had invited a pretty large group of bipartisan leaders to start talking about what's next. we're still on election night we don't know exactly what the outcome is going to be, but obviously where i am democrats are bracing for a loss in the senate. they're almost sure it's going to happen in the house. so they're going to start talking on friday about how to governor in that situation with complete control with republicans. >> so leadership i assume at the house and the senate to come to the white house to deal with the final two years of his presidency. we're watching a surprising turn in the virginia senate race, the democrat mark warner now trailing as republican challenger ed gillespie, can he survive. let's take a look at the man who just scored the second senate pickup for the night for republicans. >> a key victory for the gop. new york magazine calls tom cotton, the perfect candidate. he has a resume made for politics. a farm boy with a harvard law degree. he joined the army after 9/11. led combat patrols in iraq, then served in afghanistan. >> some people say i'm a young man in a hurry. well, guess what, they're right. >> 37 year old tom cotton is arkansas's choice. oh no... geico. fifteen minutes could save you fifteen percent or more on car insurance. how can in china,sumption impact wool exports from new zealand, textile production in spain, and the use of medical technology in the u.s.? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 70% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. everyone is looking for ways while to cut expenses.s unique, and that's where pg&e's online business energy checkup tool can really help. you can use it to track your actual energy use. find rebates that make equipment upgrades more affordable. even develop a customized energy plan for your company. think of it as a way to take more control over your operating costs. and yet another energy saving opportunity from pg&e. find new ways to save energy and money with pg&e's business energy check-up. all right. let's go to virginia right now, john king. this is a fierce battle under way in virginia right now. mark warner, the incumbent democrat, he was supposedly going to coast to a nice victory, but ed gillespie, the former republican committee adviser, he's doing well in virginia right now. >> he was popular in this one term, it was not something we had on our radar screen. and gillespie still ahead at the moment. we don't know where this one is headed ultimately. but ed gillespie doing exactly what a republican has to do number one. in the excerpts, and all throughout the rural parts, a lot of republican red. you look at that map, you think the republican has to win. but what we have to do is stretch the map out a little bit and look at the washington suburbs. this is where the people live. mark warner's getting 57%. here's the big number. only 11% of the vote in. if that margin holds, the maps will change because there's still so many votes to be counted. little, almost 60% of the vote in there, come back out a little bit. take a look at arlington county, only 25% of the vote. so in places where mark warner is winning by lopsided margins, there's still a lot of votes to be counted. if that margin holds, there's enough math to make that up. so, one of the three suburbs we were looking at is in. when we last looked at the race we had nothing. 51 to 47. let's go back to this last race which was against a credible candidate but against gilmore. margins sometimes matter in a close race. 64% when he last won. only 51% this time. if that margin holds up, that can matter. when you get out into these rural areas, 61 for gillespie here, 57 for gillespie here. 71% here. not a lot of people here. i just went into west virginia for the fun of it, right? in these areas, i went into west virginia but it tells you something. newt was telling you something earlier. this used to be democratic strongholds. al gore lost it in 2000. this is a changing part of the country. a lot of people thought it had made the transition to a blue state. maybe not so fast. >> the next republican senator from west virginia. >> let's switch over to the governor's race. rick scott has pulled out a little bit since we last looked closely at the race. we're at 90% reporting. your question is, there's 10% of the vote out, is it enough? so you look to where it is. this was open last time we looked at this race. wreck sco rick scott had to do well up here. 74% in holmes county, not a lot of votes up here, but he knows what's going to happen. it's critical for the republican to run up the margins in these small, rural counties. these are the three most important counties for the democrats right here. we do it in every race. this is where the votes are in florida. so let's pull them out, palm beach county, here's where it's getting a little dangerous for charlie crist, 76% in. he's running a good margin. rick scott had a good race last time. the question is, is the turnout comparable. charlie crist doing what he has to do. the question is, is it enough. only 17% reported so far. charlie crist getting 70% of this county, so you've got 80% of the votes still to come. you look at that gap. >> 10% of the population. >> the mathematical possibility remains, and we only have one third of the vote counted. again, charlie crist getting 5% of the vote. if that margin holds up. can you see, so mathematically, there are still a lot of votes to be counted in places that are shaded blue. and the key question, are there a lot of republican votes left out there. that's why the scott campaign is going to watch nervously. you go to these conservative counties, 98% counted. 74. so there are still some votes out here for rick scott. down here's where charlie crist can get votes to make it up. that is a close race, advantage scott at the moment. >> a democratic incumbent in new hampshire and north carolina. can they hold on? >> this is a flip-flop. we thought the virginia race would be shaded blue. in north carolina, kay hagan, i think even most republicans would concede this. the most disciplined. right now with 40% of the vote he in, it doesn't mean it's over. we were talking earlier about rick scott doing what he had to do. thom tillis is doing what he has to do in the rural areas. want to go back to 2008, elizabeth dole did not run a good campaign. it was a presidential year. kay hagan doing better in some places where she's not going to win tonight. but at the moment showe's runni up the margins where she needs to. she's doing what she needs to do where the people are, and that late ad by the president maybe will gin up turnout. not enough in yet to get conclusive. 19% of the vote. they're kind of slow in new hampshire. scott brown pulled this one close. the expectation, even for most republicans is that shaheen would pull out a very close race. if you look at it at the moment, we don't have enough data to know. scott brown has to be critically well along here. we don't have enough data here. but jean but jeanne shaheen is doing well in manchester. >> the republicans are making huge gains, but they could face a set back. the polls are getting ready to close in kansas where a long time gop senator is in danger. in the battle for senate control. ♪ the mercedes-benz winter event is back, with the perfect vehicle that's just right for you, no matter which list you're on. 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[ female announcer ] everyone has a moment when tomorrow becomes real. transamerica. this is kathleen. setting up the perfect wedding day starts with her minor arthritis pain, and two pills. afternoon arrives and feeling good, but her knee pain returns. that's two more pills. the evening's event brings laughter, joy, and more pain. what's that, like six pills today? yeah. .i could take two aleve for all day relief. really? for my arthritis pain, i now choose aleve. 2 pills. all day strong. all day long. and now introducing, aleve pm for a better am. some of the biggest upsets of the night may be just around the corner. >> we're heading into another round of poll closings, and both parties have something to lose. >> just moments from now, three endangered senators await their fate, including a republican who's surprisingly vulnerable. >> every square inch of the republican party knows what's at stake. >> in kansas, a powerful gop incumbent is in unexpected peril. also in jeopardy, a pair of senate democrats with famous names. one in louisiana. the other in colorado. both have an obama problem. >> i've stood up to president obama. >> and in south dakota, republicans are counting on a win, but this three-way contest could be a wildcard. >> south dakota is a purple state. you take nothing for granted. >> this is cnn's coverage of election night in america, the fight for congress. the battles for governor. and the issues americans care about most. >> i'm not on the ballot this fall, but make no mistake, these policies are on the ballot. >> polls are closing in 14 more states, and anything is possible, until the last vote. >> it's election night here in the u.s. capital and across the country. welcome back to the cnn election center. i'm wolf blitzer, and we're closing in on 9:00 eastern. there's more at stake in the battle for the senate than in any hour so far. four ckey races, they are on th line. we are focusing in on these races. these are the races where the fight for the u.s. senate control is being decided. polls are about to close in four key races. south dakota, colorado, kansas and louisiana. here's what we're looking for. in kansas, will an independent candidate hand republicans a painful loss and put the fight for the senate in limbo. greg orman is a serious threat to pat roberts. in louisiana, democrat mary landrieu will likely face a runoff that could delay the senate control. she's facing two republican challengers, bill cassidy and rob maness. will mark udall be ousted by the republican challenger, cory gardner. and in south dakota, another crowded field, democrat rick weiland is facing mike rounds and larry pressler. right now, republicans need a net gain of four, repeat, four seats, to win control of the u.s. senate after scoring pickups tonight in west virginia and arkansas. but if they lose in kansas, that number could go back up. the polls are about to close in arizona, colorado, kansas, louisiana, michigan, nebraska and new mexico, new york, south dakota, texas, wisconsin and wyoming. let's go back to anderson for more. >> we've been cover louisiana. we have correspondents all across the country covering senate races in key states. tracking the ballots as they're counted. i want to go to louisiana to mary landrieu's headquarters. very possible there's going to be a runoff there. >> reporter: it's very possible. but this is a jungle category. i spoke to a senior aide who says they are very hopeful that they are going to hit that number, but they are prepared for a possible runoff in december. now the senator's going to be arriving very shortly with her family to watch very closely to watch the votes coming in, to tally those votes. i spoke with her earlier today, and she said it's the energy, the crowds that make her confident about this evening. but she's got to get a record number of african-americans, women as well as white voters to come and vote for her. the polls have closed. >> louisiana wins for the coolest name for a primary, the jungle primary. jim sciutto is at headquarters of greg orman. jim? >> reporter: here at orman headquarters, they have the balloons, the music. >> the bar just opened. they have everything but definitive results. it is a virtual dead heat with 9% of precincts reporting. remember, kansas is interesting. most of the state, the polls closed about an hour ago. they're in a central time zone. it's a sliver in the west where the polls are closing in a few minutes, and that's when you're getting the final results. there are still people in line in many of these districts. and if you are in line, can you still vote. not only is the counting still being done, but the voting is still being done in kansas in a very close race. >> no bar here in washington here. chris? >> reporter: hey, anderson, for the first time in colorado history, the ballots being cast this year are by mail. at least 1.8 million votes have been cast so far. and in the next few minutes, a huge amount of those results will be pouring in. cory gardner's camp feels pretty good, because at least 7% of those ballots so far are republican. but mark udall's campaign says they're counting on late-voting democrats and unaffiliateds to put them over the top. >> and we'll check back in with you. we're going to jake tapper now. >> as you've mentioned, we're coming up on two races that have many candidates. the vote-counting process could be very complicated, with the potential for cliff-hangers. don lemon is in louisiana. don? >> reporter: at the secretary of sta state's office, a jungle primary, how interesting. we shouldn't start seeing results probably for about 45 minutes. they say normally if this was a regular municipal election we'd start to get the final results in about two hours. it's going to take longer now because there is a lot on the ballot. quite a big ballot here in louisiana. this is what people are paying attention to. here of course they're voting for senator, congressman and a lot of other things on the ballot. it's going to take some time to tally that all up. probably about 45 minutes. all candidates have been going to their social media sites, telling people to go vote. they're the spelling "go." geaux. >> i'm sure they are. >> reporter: we're getting the early results, advanced voting. this is 30% of the people who will vote this evening. and i'm looking over his shoulder, representative pat roberts has how many votes does he have so far? >> right now we have 28,865. and greg orman, 31,000. >> orman's ahead in johnson county, the largest county in kansas. early sign. >> let's go to colorado where we find annaa cabrera. >> reporter: it's mail-in votes here in colorado. we're still seeing a lot of people turning out to the polls today. just behind me. in all of these envelopes are some of the most recent ballots that came in. to arapahoe county. they're going through a machine and will be processed in a matter of seconds. >> thanks, anna, appreciate it. with the polls about to close in four states, we're getting a lot of new exit poll information. >> quick look at the mood in these states. let's start in kansas. pat roberts stressed were you concerned? the two big questions that play in the kansas race, look at the colorado race, 28% democrat, 32% republicans, 39% independents. so the candidate who wins those unaffiliated voters will win that race. >> let's get a projection right now. and take a look at this. cnn now projects in south dakota, mike rounds, the republican will be the next senator from south dakota. that is a republican pickup, another republican pickup. mike rounds wins in south dakota. no projection in colorado where there's a close race between mark udall and corey gardner. no projection yet in kansas. pat roberts facing a stiff challenge from the independent greg orman. and in louisiana no projection there. mary landrieu facing two republicans. remember, louisiana you need 50% plus one in order to avoid a runoff. democrats did well in several states. in michigan, gary peters will be the next senator. he defeats terry lynn land. coons. wins. john cornyn reelected to the united states senate. there are several states where we are not yet able to make projections. take a look at those. no projections, as i said in colorado, kansas, louisiana. minnesota, nebraska, new mexico and wyoming. as of right now, the republicans have an advantage. 40 democrats guaranteed to be in the u.s. senate. 43 republicans. still several outstanding races. 51 needed to win the majority. 50 if you're a democrat because joe biden would be the tiebreaker. we want to share with you what our exit polls are revealing. these are estimates based on interviews with a sampling of voters today during the early voting process. here are the exit poll results in colorado. look at this, mark udall, but cory gardner, 50%. in kansas, pat roberts, the republican incumbent, 49%. greg orman, 46%. in louisiana, 45%. bill cassidy 38%, rob maness 13%. if you add those together with she could be in trouble if there is a runoff in louisiana. the republicans need a net gain of three. they started the night with a net gain they needed of six. now it's down to three. let's go to jake tapper. he's got an update on what's happening with the governor. >> let's take a look at two of the most hotly contested races in the country. in wisconsin, cnn is not able to make a projection as scott walker faces a challenge from mary burke. in florida, the vote's still coming in with 95% of the vote in, incumbent republican governor rick scott is ahead of charlie crist, 49% to 46%. 120,000 votes ahead with 5% of the vote left. now let's have some projections from cnn. two governors races, new york governor andrew cuomo projected that he will win in new york. le be reelected, cnn projects. in new hampshire, cnn projecting nagge has s maggie hassan will be reelected. in texas, greg abbott will defeat wendy davis. that's a race that got a lot of media attention, but ultimately, not a lot of competition for greg abbott who will be the next governor of the lonestar state. in south dakota, cnn project dennis daugaard will be the next governor of dakota. the races we cannot call include arizona, colorado, kansas, michigan, minnesota, nebraska new mexico, wisconsin and wyoming. i understand you have some key races to update us on? >> yes, we do. these are actual votes that have come in, in kansas, no projection there. 9% of the vote is in. pat roberts ahead of the independent, still very, very early. in georgia, a quarter of the vote is in. david perdue, the republican 60%. the democrat, 38%. in georgia, to avoid a runoff on january 6 you need 50% plus one. 61% so far for david perdue. in virginia, 66% of the vote is now in. look at this. this is somewhat of a surprise. ed gillespie, the republican challeng challenger, 51%. the democrat incumbent, 46%. 82,000 vote advantage. we've got more votes for you in north carolina. no projection now. 53% of the vote is in. more than half, 50% for kay hagan, the democrat incumbent. 63,000 vote advantage for kay hagan right now. more than half of the vote is in. 29% of the vote is in in new hampshire and jeanne shaheen also the democrat incumbent, 53% for jeanne shaheen, 47% for the republican challenger, scott brown. she's got an 8,000 vote advantage. still early in new hampshire. anderson, the magic number is only three, a net gain of three, and they will be the majority in the u.s. senate. >> certainly, the map is starting to look very, very difficult for the democrats. i want to bring in our contributors, newt, you've been following the race in virginia very close with ed gillespie. you've been talking to people there. >> it's a great tribute to ed who ran when no one thought it was possible and kept running when people still thought it was impossible. but barbara comstock is going to be a freshman congresswoman, won her race so decisively in louden county. her folks tell me that he is going to do very, very well in her district. that may well be the margin of victory. because her victory is so big that she's probably carrying an extra 10,000 votes for gillespie. >> for those in the white house tonight, they're looking at the map. it's obviously not looking good for them. we've heard dana bash reporting they're going to be meetings with bipartisan groups. >> it's pretty clear unless democrats are able to pick up some senate seats at this point, it's likely the republicans would take the senate. they would have to pick up a seat in georgia for example or peck up a seat elsewhere in the nation, because they're going to have to offset some of these losses. and we know other states that republicans are likely to win, and there are only three left. i think it's likely republicans win the senate. the white house was planning to and will try to engage with the new leaders of the senate and the congress and make an effort to demonstrate a willingness to cooperate in a bipartisan fashion. i think we saw reported earlier from the white house one of the cnn correspondents saying that a white house official had said we have to see whether the republicans are willing to do the same. one of the problems i know we felt in the white house working with republicans, john boehner and mitch mcconnell that was that there wasn't the willingness to compromise on areas where there should be arias of compromise available on tax reform, on immigration reform, on infrastructure. this is an area where democrats and republicans have historically been able to find common ground. our nation's crying out for infrastructure and development and there has been nothing but gridlock. >> we'll see how republicans interpret victories that they made tonight. i want to go to statements made by mitch mcconnell. >> so tonight, i pledge you this, whether you're a coal miner in eastern kentucky who can't find work or a mother who can't understand why the government took away your health insurance. i've heard your kearns, i've made them my own. you will be heard in washington. [ applause ] >> and look, when you get right down to it, that's what this campaign was really all about. it wasn't about me. or my opponent. it was about a government that people no longer trust to carry out its most basic duties. for too long this administration has tried to tell the american people what's good for them and then blame somebody else when their policies didn't work out. tonight kentucky rejected that approach. [cheers and applause] tonight, tonight kentuckians said we can do better as a nation. [cheers and applause] >> you know, jay, to david gergen's earlier point, to president obama who gave a statement about this is a story about a bad map that broke against the democrats' favor, if that's message the president's taken away, is that really enough? >> i'd be surprised if that's the full message that's taken away. i think if you look back at the shellacking that the president described it that the democrats took in 2010, he emerged from that midterm. it was probably even worse than this one will turn out to be and extended a lot of olive branchs and negotiated furiously with republicans to try to get some things done on fiscal discipline and the economy. and in the end, certainly, this is, i'm giving you my perspective. in the end, john boehner, the house republican leader, walk aid way from a deal because he couldn't get house republicans to go along with it. what we'll see, the real test will be, will republicans pass the budget and pass it through both houses, and will that become the governing document that they want to put forward, because the paul ryan budget is not a workable document for or budget for the american people. it's just not popular. it was devastating for mitt romney. it rewards wealthy americans over middle class americans, and it's a losing proposition. >> s.e.? >> another key question will be, will president obama sign the keystone pipeline? i don't think there's going to be a shellacking tonight by republicans, but i think republicans will do well, and hopefully the president will take some time for some self-reflect sthun to say okay, some of my policies were on the ballot. and maybe i need to work on things a little more, like the keystone pipeline. >> which will create 33 permanent jobs. we'll talk about that later. if it feels like the curse is starting to kick in. we knew going into this thing historically, bill clinton, in his sixth year he lost some seats. reagan lost some seats, but this thing is not over, and i think we need to focus on what's going on right now. what's shocking right now is the struggle democrats are having in florida and virginia. i don't think anybody expected to see 96% of the vote in and you've got crist struggling for his life. democrats came in here expecting to do better in florida. when you talk about virginia, this is the, the curse is there. >> are those votes against the president? or are those -- >> look, i guarantee you right now you've got democrats across the country scratching their heads and worrying about this thing. this thing is not over. i'm encouraged, though, by some of the places where we are doing wetter, i do think orman's going to be able to pull this thing off. i don't want to start talking about tomorrow. tonight -- >> there are a couple of races that republicans were going to be really giddy if they managed to pull out. virginia senate was one. maryland governor would be one, and rhode island governor would be one. those are long shots. if any one of those comes true, republicans are going to feel really good about the way the night went. >> newt, i see you shaking your head. >> first of all, notice how rapidly we go back to partisanship. the fact is, if we elect a governor in massachusetts, that is an enormous breakthrough. we're going to win control of the senate decisively tonight. that's a big breakthrough. and mcconnell has said clearly he intends to go back to the way mansfield ran the senate, which would require a bipartisan, rational approach in the senate and a radical change from reid. the real question from the president's going to be simple. is he prepared to meet with boehner and mcconnell, not bring in a gaggle, have a big show, say oh, look i talked, sit down in a closed room with two serious professionals who will just have won power and have an honest talk among the three people who have to governor america. >> we're getting some more races here. i'm standing by for a big projection. >> we've got a major, major projection. in the fight for control of the house of representatives. democratic leader nancy pelosi may have some dreams of becoming the speaker of the house again, but john baron and the republicans have been counting on holding on to power in the house, so which party is coming out ahead. get ready for that major projection right now. a projection republicans will keep control of the united states house of representatives. not a major surprise by any means. the republicans had a huge advantage going in, even democratic leaders were suggesting republicans would probably gain some seats, but now enough votes have been in that we can project the republicans maintain control of the house. let's see what happens in the senate. dana bash is our chief congressional correspondent. john boehner wanted to remain speak ear speaker. i assume he's going to be the next speaker of the house of representatives unless he decides he doesn't want to run. >> reporter: oh, according to everything he's saying is he's running, the question is whether he will be challenged. democrats here where i am at the democratic headquarters, boiler room, they call it, they're not surprised by this. they all knew that control of the house was not in their reach. the question at this point, though, when it comes to governing is how much of a margin are republicans going to increase above what is already a relatively big margin when it comes to their majority. and what that means for governing, according to some senior republicans i've been talking to tonight, they insist is, it will be easier, and the reason is what jay carney was talking with earlier. it has been hard for speaker boehner and his lieutenants to break deals or cut deals, because they're worried about losing their rank and file. now, maybe they can lose more rank and file because they have more, more of them to have. so that is really the question. but on the flip side, republicans are most concerned, traditionally, at this point about primary challenges, so it's still up for grabs. >> so the democrats, no great surprise, will maintain the majority in the house of representatives. we haven't paid a lot of attention to the house, because the republicans have a significant majority. but enough votes have already now been counted that we can make this projection. when i spoke to steve israel who chairs that committee to try to get democrats elected to the house, he even acknowledged that the republicans would probably pick up ten seats or so. they've got a significant majority already. >> the democrats had hoped to keep them in single digits. republicans are hoping to get to 250. newt's the historian. i believe that would be an all-time-high, at least since world war ii. how much of a leash does john boehner get. he couldn't maneuver too much in the last congress because of tea party revolts. these are not done yet. but the republicans at the moment -- got to start it here. they're winning a race in new hampshire, and in maine. look up here. watch this for a reason, i want to show you this is where we start the night right now. right now there are no republicans. when you get up into new england there are no longer any republicans in the congress. there's a couple comparative races in massachusetts. that one in maine, at least one in new hampshire. those are moderate republicans. people who are unlikely to have tea party sentiments. you heard jim acosta earlier say it's a bad map. the republicans complain about them all the time. this is the house of representatives. this is the united states of america, the house level. look at all that blue right after the president won in 2008. remember all that blue. that's the tea party year of 2010. look at all that red. here's 2012. the democrats got a couple back. but 201 democrats now, 257 in the house. so the country has changed dramatically. you look at this democratic party in the house is now on the coast. latino areas in texas, up in new england. some strength in the midwest. but just, again, picture all that blue, especially up here. now lock at where we are now. this has been a stunning transformation during the obama presidency. and as this happens, there's a domino effect. state legislative seats, thousand seats have changed hands. >> the republicans pick up and maintain the majority in the house. let's go to kansas right now in the senate. let's go back to the senate because it's a very, very close race right now. we're watching this challenge. look at this. show us what's going on in kansas. >> we have one purple spot on the map, because that's one independent candidate we believe has a chance to win, and it's right here in kansas. it's a very close race. 4,000 votes separate the two candidates. watch as this plays out. this is key to greg orman. this is his base of operations for his business. he has support in the college towns here in in ft. riley. let's look at the numbers. 49% in leavenworth county. 49% here. those margins, frankly, aren't big enough. he needs to grow those margins. you come down here, lawrence county, 74%. that's more what orman needs in this area of the state, because pat roberts is expecting to fillmore of the state out. these are tiny counties where you're going to have a couple thousand votes. pat roberts just has to swamp orman. he's ahead narrowly. can't make any statements based on that. kansas has no huge cities. but this is where pat roberts has to win. but everywhere we've looked, we've had very close numbers, except for those tiny rural counties. pat roberts has to run it up here. >> greg orman, the independent, can beat pat robertes in kansas. >> no independent infrastructure. what he is counting on is there is a democratic revolt on brownback. >> let's do an update go new hampshire. jeanne shaheen, scott brown. what's the latest? 33% of the vote is now in. shaheen is still ahead. >> she's holding that lead, 52% to 48%. a lot of people thought that would be the final number. she's doing very well where she needs to. there's no more votes to come for her there. let's go down to manchester. 92% of the vote counted. so scott brown running reasonably competitive. not a lot of votes left to come out of there. seacoast, portsmouth, she won big there. turnout not terribly high. the question now is what happens up here. college area, democratic, the question is, will turnout be high enough. you're looking at relatively small counties. so can scott brown fill in up here in northern new hampshire? this is mostly conservative country, can he fill that in. and let me move the map up and stretch it out a little bit. we talked a little bit about this earlier. this is critical. she's going to win portsmouth. scott brown has to win these areas. they have come in 56-44. these are very small counties. this is what scott brown needs, numbers like that as you move back across the massachusetts border to have a chance. if you're looking at this right now, a lot of small places to fill in. if you look at the presidential race, you know, watch, remember, see how you split back and forth. now you come back to the senate race. >> two-thirds of the vote outstanding. let's go to virginia right now where there's a real battle under way. a lot of people are surprised how close it is. >> virginia used to be a red state, then it became a competitive state, a lot of people thought after two obama victories that perhaps it was moving blue. ed gillespie's making a statement tonight that this is still a battleground state. we're getting into crunch time, 50 to 48. let's look down here in the richmond area. 99% reporting, mark warner winning there, but not many votes to come out there. let's come down here, ed gillespie putting virginia beach back in the republican column. military down here, when republican is running strong you win here. the hampton rhoades area. then you come back up. let's stretch it out and see, here's the question for mark warner, right now ed gillespie has a narrow lead. the question is, are they out there for mark warner. here's your answer. yes, they are. 47% reporting in fairfax county, 79 in arlington county. fairfax county the largest suburban county. >> let's go to north carolina just below virginia right now. this is an important contest, kay hagan, the incumbent. >> show's hanging at 50%. 61% of the vote in. it's filling in like a horse race. the republicans doing what they need to do. thom tillis running up the numbers. the question is, are those vote counts enough where not many people live, and did she succeed in turning people out in mecklenburg county. you're winning the race right now, and you've only got 3% of the vote in, a place where a lot of democrats are. that bodes well for her. you move up here to the raleigh durham area. then you move over here 65% of the vote in. she's running up the numbers in the democratic areas where she needs to. the reservoir of votes still need to be counted. if you move out here, it's a little more competitive. if you look at the map right now, those uncounted votes would give a bit of a sign that we're doing okay. but we're not done. >> democrats, they really need to hold onto this seat. let's go to florida. this governor's race is very, very close, a big, 97% of the vote is now in. >> here's your question. 97% of the vote now in. 120,000 votes. are they out there? you're looking at where charlie crist is winning. and we come down here, 90% in. in palm beach county, look at the gap. so charlie crist is winning big here. there's a big chunk of votes there if the margin holds up. only 22% in in broward county. we've seen this movie before. always seems to be late, if not last to give us the big vote count. >> that's ft. lauderdale. >> right there, 120,000 vote difference. if that stays steady and multiplies, that's a big basket of votes for charlie crist. >> dade. >> if the percentages hold, and you get that other 25%, you're adding some serious votes. if you look at the 97%, you think rick scott's starting to breathe easy. however, as always, we're waiting for those three southern most counties. >> so there's clearly hope for charlie crist. >> these races, republicans are doing well in several of these states. it's not over by any means. >> the numbers are not looking good for democrats in a number of these races. the fact that we're still talking about virginia here at this time is really fascinating. >> path is really narrowing for the democrats to keep control. we haven't heard from montana, colorado, iowa, states like that. so obviously, it's, you know, as jay was saying, it doesn't look like a great night for the democrats. and i think, you know, to newt gingrich's point before and to jay's point before about what happens next? newt gingrich, when he became speaker of the house had a contract with america in which he laid out what he was going to do when he became speaker of the house, and i know, because i covered him. and republicans have no such agenda at this point. and i think there is a little bit of peril for them in this. unless they have one. >> first of all, john boehner gave a speech, which was not noticed as much in mid october where he outlined six major arias of reform. this is a guy who's very serious, very sober kind of guy. he had worked on his speech for over six months, and if you read that speech, he's outlining some pretty bold, including litigation reform, tax reform and things that he's putting stakes around saying look, i've been around a long time. mcconnell, i believe is going to come back, and i think everybody who wants to understand the senate should read mcconnell's speech. he says let's go back to the senate where you have to have both parties talking to each other. if he lives up to that, you guarantee that virtually every bill that goes to the president will have bipartisan support. >> how does he make that happen? >> pretty easily. >> he can do that? >> mr. mcconnell is a masterful politician and is pretty transactional. in the end, when we had to get a deal with the congress from this white house and the house was a basket case and boehner, the speaker of the house couldn't create anything out of the house, mitch mcconnell came to the rescue of republicans in the congress and got a dole. but remember, mitch mcconnell also said his primary objection was defeating barack obama which is a political objective. so he's going to have to change his approach. >> what boehner's going to need some wiggle room with the conservative republicans, because in the end, when you talk about the president meeting with the speaker, president met a lot with the speaker. often we never said it at the time, because republican, the speaker was afraid that his republican conservatives would find out. >> let me tell you what mcconnell said in his acceptance speech. he said we have an obligation to work together on issues where we can agree, just because we have a two-party system doesn't mean we have to be in perpetual conflict. >> amen. >> as he mentioned earlier, it's a very simple test of the president's goodwill. the republican house and the new republican senate are going to pass the keystone pipeline. it's a fact. and the country favors it better than 2-1. now does this president agree that he can live with that? or does he say, you know, i've got to do what my environmental left wants so bad. >> but why would that be the linchpin? look at all the things that this president has tried to pass that were clearly bipartisan and republicans rejected their own stuff. republicans shot down a small business tax cut from this president because they didn't want this president to succeed on that. the president tried to help veterans. that's a republican issue. i think you would agree. >> their is the problem. this is the problem. van wants the president to have a very long memory, and what the republicans want is for the president to start fresh tomorrow on new things that he can get accomplished. >> look. i think if there's one message we haven't talked about out of this election tonight it's not about whether republicans are winning or democrats are winning. it's the fact that across the country there is disgust and anger at the politics of bickering. people are angry. i don't think we can remember an election where people -- in this case both parties. >> i want to show youle some numbers right now. in kansas, orman, 1,407 votes ahead. also then, look over, just jumped over there to 667 votes ahead, 48.4, got closer there. in florida, that's 22%. rick scott, little bit more than 87,000 votes ahead with 97% of the votes counted. and reportedly, jake tapper, broward still outstanding. >> of course, broward, as john said, we've seen this movie before about those southern florida counties. there is this tremendous anti-incumbent feeling out there. but the anti-obama feeling is strong, perhaps even stronger. and when you look at the fact that it seems pretty clear that republicans are going to take control of the senate tonight. we're still waiting for eight different senate races, but all the republicans have to do is win three of them. >> right. >> so, and. >> and keep kansas. but it seems very clear, i wouldn't say that this whole night is a repudiation of president obama, but it's not an encouraging sign for president obama. and when you look at the poll from the wall street journal, two-thirds of the people said they want president obama to change direction in his leadership style and that included almost half of the democrats. so in terms of whether or not mitch mcconnell needs to change or john boehner needs to change, i think it's very clear from tonight's election results that president obama, whether or not he thinks that he has reached out across the aisle as much as any human being could, that's not -- >> jay, you know this president. >> here's what i take heart from, because i know that barack obama's a very competitive person. and i know that he will look at the final two years of his presidency as an opportunity to secure his legacy by getting some things done. and if the only way to get something done is by, you know, reaching out and trying to find bipartisan compromise with a republican congress, i believe he will try to do that. >> he'll be open to some stylistic changes as well. >> senator corker told politico about president obama. he said it's almost as if he's wishing for a six-year term instead of an eight-year term. do you buy that? >> i don't buy that. i think barack obama is like a lot of americans. don't forget if he had walked in this room ten and a half years ago no one would know who he was. and he's sick and tired -- >> kansas, 133 vote difference right now. pat roberts ahead, 133. >> that's the anti-incumbent story. pat roberts had every establishment republican to get him over this. look at how tight this race is. and i would argue on president obama, you know, what the democrats seem to me to be doing in this election is they're kind of slicing off constituencies. trying to peel off women in colorado, trying to peel off minorities here and there and see if they can cobble together a coalition. they don't have a single message. they didn't run on the economy, which i think some people in the white house think they should have run on, and the republicans, also, to newt gingrich's one-time agenda, don't really have an agenda. >> virginia tightening now. gillespie in the lead, with 84% of the vote counted. >> and when you look at the different county by county, gillespie way out performing other republicans. it's very strange. something's going on with polling in virginia. we didn't see eric cantor. he was defeated in the primary tim cuccinelli. but i want to make one point about kansas. i know a lot of democrats are excited about orman potentially felling roberts. orman will caucus with republicans. what happens if he's, we don't know what he's going to do. but he has said he'll do what's best for kansas. and if there are 51 republican senators, he'll caucus with the 51 republican senators. >> john king suggested this when he showed you the map of kansas. eastern kansas is one of the most liberal parts of the state. all of the rural small towns now have to come in. at the end of the evening, if pat roberts is reelected despite everything, then all of the anti-incumbent talk is strange, because the anti-incumbents are all democrats. at some point you all have to confess, democrats who are getting beaten. >> we've got to take a quick break, watching very close races in virginia, in kansas. we'll take a short break. our coverage continues in just a moment. ♪ oh what fun it is to ride. get the mercedes-benz on your wish list at the winter event going on now - but hurry, the offer ends soon. [ho, ho, ho!] lease the 2015 c300 4matic for $419 a month at your local mercedes-benz dealer. ♪ (train horn) vo: wherever our trains go, the economy comes to life. norfolk southern. one line, infinite possibilities. it's time to check back to the top of the empire state building. the mast is now red and blue, and those colors are rising as cnn projects more races. let's figure in our latest projections and see what happens. as of right now, 40 democrats guaranteed to be in the senate, but 43 republicans, 43 republicans, so you see that red rising, at least a little bit, as we now confirmed or projected there will be at least 43 republicans in the next senate, at least 40 democrats. in the meantime, we have a key race alert. >> all right, look at this. north carolina, look at how close it is. the incumbent democrat kay hagan only has a 9,000 vote lead with 67% of the vote in. look at this. 48.5% for kay hagan. 48% for thom tillis. almost 2 million votes cast, only a 9,000 vote advantage. still plenty of votes out there. in kansas, also very close, 24% of the vote is now in, pat roberts with 49%. he's the long-time republican senator, greg orman, the independent challenger, 47%, about a 4,000 vote advantage for pat roberts. look at virginia right now, 87% of the vote in, and it's narrowed view matically. 48.8% for ed gillespie, 48.5% for mark warner, the incumbent democrat. it is very, very close. 6,415 advantage for ed gillespie. let's take a look at the florida governor's race right now. this is very, very close in florida as well. 97% of the vote in. rick scott has48%. charlie crist has 47%. nearly 100,000 vote advantage for rick scott. 3%, 3%, 3% of the vote still outstanding. north carolina 69% of the vote now in and thom tillis, 3,352 votes ahead of kay hagan. thom tillis, the republican challenger, the incumbent kay hagan. slightly ahead. we're watching this race very closely. pat roberts as you see, still over greg orman. these are close. these are incredibly close races in florida. it's amazing what's going on there. north carolina, all of a sudden, thom tillis has a slight advantage. >> pick your wow. you want to start in north carolina, we'll start in north carolina. you mentioned thom tillis. he just has passed nearly 70% of the vote counted. now you start looking at the map and say what's left. mecklenburg county, a huge piece of democratic vote. at hagen headquarters, they say okay. we've got a basket of oats still to come in. if you're the tillis campaign you're saying what's left for us. nearly 70% of the vote counted in fayetteville area. still some more votes there potentially for hagen. 90% in wake county. still some votes out here for kay hagan to come in, in these traditionally democratic areas. that's the question for thom tillis as these rural votes come in. 76% here. so still a little bit out here. not as many people. the question for the tillis campaign as they've moved into that very narrow lead, are there any more pockets of votes for them to offset. that's a wow. we're going to be counting that one. we've got 30% of the vote to go. let's move to virginia. this one has tightened even more. this is very, very tight where 87% of the vote counted. these republican areas, 100% in. 100% in. so if you're at gillespie headquarters, you know this. there are still some votes out in the washington suburbs. you see it shaded blue. 83% in prince william county. you move out of the suburbs, democratic country, but ed gillespie putting up a good fight. and 17% left. we'll wait and watch that vote. fairfax city, 100% in. mark warner knows, nothing left in the basket there. fairfax county, still have some votes to come in. this could be the key. in the close race, it's fairfax county. as you watch that one play out. where you want to go next, we've got a lot of wow going on. let's take a peek at georgia. we've got a long way to go at 42%. i want to come up here and see how we're doing. only 24% in. you move over to fulton county. we don't have any big vote totals there. so if you're looking at those numbers, the republicans have to like the numbers. at the same time, there are a lot of big baskets, democratic votes to go out. >> and remember in georgia, you need 50% plus one. >> if you're at perdue headquarters, you like what you see so far, but you know there are big baskets of democratic votes that haven't come in. the question is, when we talked earlier about this, i said there was still map enough down here for charlie crist to make it up. here's the question, can he make it up. 90,000 votes. are they out there? well, they're not in palm beach county. they've now reported 100%. they're not so much in broward county. the pibig dope came in. are there enough votes left at 97%. simple arithmetic tells you he's running out of places to get votes. and again, some votes left to come in, in miami dade county. charlie crist running up a big margin there. yes, yes, is there a potential that they're out there, yes. is the opportunity window shrinking for crist, absolutely. because scott ran up some big numbers in the panhandle. that's as competitive as it gets. and if you're in crist headquarters, you're getting nervous. >> stand by. we have another major projection right now. and cnn projects there will be a runoff in the state of louisiana on december 6. neither mary landrieu nor her major republican opponent bill cassidy will get the 50% plus one to avoid the runoff. there will be a runoff on december 6 between these two candidates. mary landrieu and bill cassidy. it's going to take another month or so before we know who will be the next united states senator from the state of louisiana. there will be a runoff there. not a huge surprise. because getting 50% margin was always going to be a challenge for either mary landrieu or bill cassidy, a strong third party candidate, but take a look at the votes we have now. 9% of the vote in. bill cassidy has a slight advantage. 44% over 41%. rob maness with 11%. you need 50% plus one. there will be a runoff in louisiana. let's take a look at the senate, because mary landrieu, she may get reelected if she gets 50%. but in a runoff, a lot of people thought she's not, one on one contest with a republican, she's going to be in deep trouble. and our exit poll says, we asked that question, but she loses. i jumped ahead of you. if you're watching this map, it's different from what you see hire. what we do for this hypothetical is we assign montana as a democratic pickup. we've already maid the call in idaho and oregon. we assign the races the way we think they're going to go. let's leave it there for now and assume mark warner pulls it out late in the in. but if you give up the races that you think are all but certain to go. here's where would you have it. 47 republicans, 45 democrats. how do democrats keep their majority. at the moment we haven't called this, but let's assume jeanne shaheen holds this lead. we're going to be counting these votes all day tomorrow. but republicans think they're going to win in alaska. if that happens, it's a hypothetic hypothetical. it gets you to 48-46. right now in kansas pat roberts has inched ahead. and we'll come back to this in a second. >> i have a major projection right now. jeanne shaheen will be reelected. the unit senator from the state of new hampshire defeating scott brown, the republican. the former senator from massachusetts. another big win for the democrats tonight. they desperately needed it to maintain this seat in new hampshire if they have any hope left of being the majority in the unit senate. so jeanne shaheen, we project will be the winner. let's go back to john king to take a little analysis of what happened in new hampshire. the democrats desperately needed this win. they are going to get this win. >> familiarity with her days in governor. she had bumper stickers, i'm jeanie, vote for jeanie. all people could see was an obama drag in the state. a lot of retail politicking. but coming up short in that state. the margin tells you something. jeanne shaheen is a popular figure. we've given that one to the blues, right? under this scenario, we're getting ahead of ourselves a little bit, assigning montana, giving this to the republicans. here's the challenge for the democrats. their best hope would be iowa. one poll showed a close republican stake. if the republicans pick up iowa, as we move west, that would get them to 50. and then you get out to colorado. in this race, cory gardner led in the late polls. the democrats say we're going to prove you wrong with a massive turnout operation. colorado would be the key right now. the republicans think this is going rid. i'm for the sake of this hypothetical saying if they can pull that out of a hat somehow you get into this race. kay hagan can hold on. thom tillis is still ahead at the moment, but if she can hang on, we still have the race in georgia and the race in louisiana we know won't be settled tonight. republicans think this is going their way. but it is conceivable, still, as we watch, this would be the big turn around. the colorado race, in terms of races that we think would be settled before sunup. the colorado race could decide the balance of power. >> stand by. we're watching several cliff-hanger races in the battle for the united states senate. the polls will be closing in iowa where a hog farmer could turn the senate seat from blue to rid. it could bring republicans closer to winning senate control. f . . down. we'll even buy you out of your contract. so you can get the samsung galaxy note 4 for zero down today. celebrate what's new, with the bigger, better menu at red lobster! try our newest wood-grilled combination! maine lobster, extra jumbo shrimp, and salmon! all topped with decadent brown butter. or savory new lobster scampi linguini, with lobster in every bite. and, the ultimate feast. it's the ultimate ultimate! with more shrimp than ever. more of what you love, our new menu. it's a bigger, better reason to celebrate. so hurry in! and sea food differently. >> republicans need a net gain of three more senate seats to take control away from democrats. >> will they have new wins or setbacks in the coming hour? stand by for projections. >> just moments from now, republicans are aiming for two open senate seats now held by democrats. in iowa, a democratic congressman is battling an iraq war veteran and tea party favorite. a >> the mud has been flying in the heartland. >> she called president obama dictator and thinks impeachment should be on the table. >> higher taxes, bigger government. obama care, this is his washington record. >> in montana. republicans are counting on their candidates to flip an open senate seat from blue to red. this is cnn's coverage of election night in america. the fight for congress. the battles for governor. and the issues americans care about most. >> in iowa we know how to do this. we have done it before. >> the road to real change goes through iowa. >> the polls are closing in four more states. and anything is possible until the last vote. >> the u.s. capitol building tonight as new votes come in in the battle for the u.s. senate. back in the cnn election center. i'm wolf blitzer. counting down to major poll closings. the big prize of the night is still up for grabs. which party will control the united states senate. it all comes done to those 13 key senate races, we have been following all night long. several of those races have been decided, and watching some nail biters right now as well. the polls are about to close in two key senate battleground. montana and iowa. here its what we are looking for. in iowa, will democrats take a hit from a former hog farmer, congressman, bruce brayley in a slugfest right now with joni ernst. amanda curtis against steve danes. is this an easy pickup. we will find out. republicans need a net gain to regain the majority in the senate. we will get new results at the top of the hour. polls closing in iowa, montana, nevada, utah. in the meantime. let's go back to anderson. >> wolf. thank you very much. our correspondents are positioned throughout the country. they're getting newest vote tallies from election officials. want to check on the barn burner race in iowa. first pamela brown, headquarters for joni ernst. fascinating race. >> it certainly is. as the you see the room is filling up here at the ernst headquarte headquarters. folks are anxious but cautiously optimistic. it has been a fiercely competitive race here in iowa. they're confident that joni ernst will cross the finish line a winner and become the first female combat vet in the united states senate. as you point out polls close in less than ten minutes from now. of course we will get better sense of where things stand after that. right now, joni ernst surrounded by family putting finishing touches on her speech. i spoke to one of her aides asked how she is doing. i am told she is in good spirits and she is wowed by all the attention she its getting. sunny is really getting a kick out of it. the aide says though she is aly tenant colonel, still a farm girl from a small town in iowa. become to you. >> poppy harlow at the headquarters of bruce braley. 10 minutes until polls close there. >> bruce braley, watching as numbers start to come in. this has been such an exciting race. up to the last minute. a nail-biter. latest polls showing candidates neck in neck, 47-47. voters will decide. a lot has been about the early vote. the braley admitting to us, republicans have done a great job getting the early volt out. democrats usually beat them in that. they both think that it will be cannibalized in terms of people that would have come and voted here, republicans, they think, just got out early rather than getting more votes. we'll see if they're right. bruce braley/joni ernst. fascinating numbers come in. >> we'll see as soon as the polls close in minutes. and john king. >> look at the mood in iowa. becoming increasingly important to the democrats. 52%, women. 48%, men. one of the key questions here. an older electorate. younger vote has dropped for both the presidential election and 2014 midterm. and bodes well for republicans. 36% republicans, 33%, democrats. 31% independents. one last point. what is your view of government? government doing too much. 61%. iowa is incredibly increasingly critical to the democrats because of potential losses elsewhere. democrats need to hold the blues. shaheen held new hampshire. the president carried iowa twice. colorado twice. want to show you the results now. colorado. cory gardner. 63% of the vote in. udall. we have counting to do. stunning analysis tomorrow if this holds up. cory gardner. this why he was hand picked by the republican establishment. candidate in 2010. take you there. in 2010 could not perform in the denver suburbs. when president obama won this state he won it here in the denver suburbs. look at the map right now, you look, denver city itself going democratic. suburbs, cory gardner. putting up the race. democrats looking at numbers in colorado, yes a way to go they know. about to lose that one. they better hold iowa. >> iowa, polls about to close there. we'll see what is going to happen there. we will also see what is happening in montana. cnn has a projection right now. in montana we predict republican, steve daines will be the next united states senator, another republican pickup. now the magic number for republicans, down to two. they need two more pickups from democratic seats. they will be the majority in the united states senate. in iowa, we cannot make a projection. based on the information we have right now. bruce braley, joni ernst. in nebraska, republican, will be the next united states senator from the state of nebraska. ben sasse. we are watching other races in wyoming. we projected, the republican senator from wyoming, mike enzi. al franken from the state of minnesota. defeating the former comedian, now the senator, al franken. gets himself re-elected easier than six years ago. here is the count, right now. there will be at least 42 democrats in the united states senate. next year there will be 46 republicans. there are still several outstanding races. see the outstanding races in yellow. the republicans now have a magic number of two. they started the night. needed a net again of six. now they only need a net gain of two to become the majority in the united states senate. so this is important information for, for them as we await for more real votes to come in. we want to show you what our exit polls are revealing. these are estimates. based on interviews with the sampling of vote tires day. during the early voting process. here is the exit poll for the state of iowa. 47% for the democrats. bruce braley. 51% for joni ernst. that would be a huge, huge republican pickup in iowa. that is the tom harken seat. the democrat retiring. remember though, exit polls are estimates. based on interviews with voters. final outscum may be different. we use the exit polls to make projections only. in noncompetitive races. let's check in with jake. he has got an update on governors' races and projections. >> that's right. wolf, cnn projecting several races in iowa. incumbent governor, longest standing governor in the nation, terry branstad, elected. and in oklahoma, incumbent governor, mary fallin, re-elected to governor of oklahoma. take a look at the map now. in nebraska. nebraska, cnn not able to make a prediction as to the governor's race. in nevada, apologize. in nevada, cnn not able to make a projection. sandoval running for re-election. look at the yellow. all the places we do not know whether or not who the winner is. massachusetts. maine. maryland. obviously, florida and wisconsin. we are watching very closely. a lot of unknowns still in the governors' races keep an eye out for them, wolf. take a look at the vote in florida, i just mentioned. very competitive race. 86,000 votes. rick scott is a head. 48%-47% for kari crist. 97% of the vote in. we are still waiting for 3% to come in. it looks very, very tight. it is possible for crist off to pull out a victory. rick scott in the lead. in wisconsin, scott walker, with 16% of the vote up 60% to mary burkewith 39%. a lot more vote out of wisconsin to be able to tell in any way, whether or not scott walker is going to be re-elected as governor of wisconsin. wolf, now to you with key races. >> key race alert right now. take a look at this. north carolina, 79% of the vote is in. look at how close it is. tom tell us the republican challenger, he has a 25,000-vote advantage over the democratic incumbent. kay hagan. 2 million votes. thom tillis ahead. 49%. in virginia, 89% of the vote is in. the republican challenger, ed gillespie, over mark warner. 48.8%, to 48.5%. 7,500 vote advantage. gillespie over mark warner. a lot closer than pundits, polls suggested. real battle under way in virginia right now. a real battle under way in north carolina. if kay hagan doesn't hold on to the seats. the democrats will be in trouble as far as holding on to the majority in the united states senate. the magic number down to two. the republicans doing very well so far tonight. let's start off in virginia right now. >> again, watching a race much closer than anybody anticipated maybe except for ed gillespie. not sure he expected. shy of 90% of the vote in. gillespie. narrow lead. look at the map. every county in virginia reporting votes. the question is what is left. if you look to some of the smaller republican count yeshgsz not many votes out here. critical to gillespie. 97%. most at 100%. the question its what is left out there. and the democratic areas. come down here, norfolk area. 100%. mark warner has nothing left there. virginia beach area. gillespie. couple thousand votes. maybe add to his totals there. wolf, talking through out the night every time we have a close race in the state of virginia this is where you make your win in the state of virginia. fairfax county, still 72%. we got a bit of the vet to count here. this is a place where mark warner is winning by significant margin. these other counties. close to the end. 98% there. 100% there. fairfax county one of the biggest suburbs outside of washington is going to decide the race tonight. most other vote is in. look at it now. there are enough votes there for mark warner to make up the difference. we will be counting right to the end. very, very close race. we move over here. brought in the vote total. the libertarian guy. it is looking it could be significant. 80% of the precincts. tillis, a small lead. 49%, 47%. again look at what is left. get to this point in the race. talking all night long. only 24% of the vote reported. charlotte. democratic base. african-american voters. turned out operation, working, there was some concern, last-minute ad, president obama. you still got 76% of the vote to come in in a democratic county. kay hagan has a basket of votes counting on. move to other places. start coming up here. not as much. still outstanding votes. democratic area. in the wake county. durham, 25%, 26% of the vet to be counted here. when you ak lore looking at wha left. democratic areas. other counties. yes, 37% counted here. much smaller percentage. still some place out here where tom tillis is going to add. when you look at the map. there are bigger baskets. >> take a look at charlotte. 25% of the vote is in. she could pull this out. >> she could pull this out right here. the bigger baskets of votes uncounted. if you are looking at this right now. what's left you. can see the map from kay hagan. end of the night we may be talking about sean hall and the votes and the libertarian candidate has received. and watch until they go through t to the end. quick peek at the georgia senate race. 47%. could any body get to 50% plus 1%. 50% of the vote counted. want to check in. still weight. 0% from fulton county, atlanta. don't want to make any conclusions until we get more votes from there. let's go down to, as always, biggest unpredictable prize. switch to the governor's race here. we have been stuck here a bit. happens quite a bit when you get close to the finish line of florida. you get stuck waiting for the final votes to come in. guess where they are? 97% in broward county. a huge chunk of the population. charlie crist with a big lead. if the final volts come in at the same margins he is going to add to his basket. the question is, is it enough. saying for miami-dade. 7% of the vote out. charlie crist winning a big chunk. if you look, doing simple math, and percentages based on what i show you in the two counties. it is possible. starting to see if there are places where you will get republican votes. and you have almost 100% reporting when you go around the state in the republican counties. waiting on miami-dade. waiting on broward county. math is still possible for charlie crist. i suspect no matter what happens to this one, the lawyers will be talking tomorrow. >> less than half percent. automatic recount. we have been there before with the recounts in florida. a lot of our viewers -- there are a bunch of cliffhangers now. watching in north carolina, georgia, florida. these races are very close. go to kansas. >> come out to kansas senate race. pat robertson has begun to open up a lead. at 36%. just want to watch see if this trend continues. this is greg orman's base out here. he the small county down here in, southeastern kansas. this out here. they're tiny counties when you look at them. not a lot of votes out here. 100%. pat roberts. 795 votes. so you think that's not much. when you add here, here, you keep adding it up. this is the strength. small town republican counties out here. bob dole crossing the state. every republican they could get. and at one point called it the clown car. people from washington, perm nenlt republicans coming in to campaign. appears we have a way to go. it helped. republican loyalty kicked in in small towns in the western part of the state. we will watch it. pat roberts at the moment looks more comfortable. this one here to me, looking at the results. 67%, state of colorado. just look right here. this is going to be red. and the tea party candidate lost to michael bennett in 2010, in a big year, it was wednesday morning when bennett declared victory in the race. it happened, because of right there. see michael bennett. winning the suburbs. wins the city. suburbs. look what cory gardner is doingen the suburbs right now. the establishment hand picked him. pushed the candidates out of the race. to see if he could compete in adams county. latino population is growing. running even. slightly ahead of mark udall. republican runs even. republican has a good chance. arapajo, not a huge mar jivenlt he is winning narrowly in the suburbs. republicans win close races in tough states. move over to jefferson county. in the clerks office, early voting, checking. and a swing county. a swing vote. with the republican on top. not the democrat. if you go back look at 2010. michael bennett on top in the swing county. by a couple points. look at the presidential race, where president obama sent mitt romney packing in the state of colorado. this state increasingly because of the demographic challenges is won right here. at the moment approaching 70%. cory gardner is doing what the republican establishment wanted him to do when they hand picked him. >> mark udall, in deep, deep trouble. see the numbers. 67% of the vote coming insofar. >> that would be a huge loss. the state the president carried twice. when you go back into presidential politics. look at the map. democrats, all republican territory in presidential elections. democrats made the west competitive. not huge electoral prizes, nevada, new mexico, colorado. start to add those up. if the states become competitive again. a different country. >> numbers from iowa. the state the president won twice as well. bruce braley, joni ernst, republican. 14% of the vote is in. still very early. >> a lot of the votes coming from right here. again, a bad sign. the good news that the early results. bad sign for bruce braley. 65% of the vote counted. 2/3 volt in polk county. 2/of 3 the state population. biggest chunk coming from right there. that volt is ite is in. 14% statewide. 65% in one of the biggest democratic baskets. that tells you this is, just go back again. look at the presidential race. go to 2012. joni ernst is going to win out here, small towns. if you are bruce braley. may be wondering is the margin enough. and compare it to the 2012. 56-42. come to this race. 42-55. not as high as obama in polk county. >> bunch of cliffhangers, north carolina, kansas, florida. see what happens in iowa. anderson. amazing what is going on. if you take a look at virginia it is really, really close right now as well. >> it is. got to say. i am amazed by john king's knowledge of every county of every state in america. not just this year. but like going back ten years. it's incredible just to watch. >> check my expense account. >> that's the thing. you have been to all of them for ages. talk about what is going on in north carolina. jean shaheen, raised a lot of eyebrows. >> a must-win race for the democrats. and everybody i talk to who has been involved in this race, on both side, says, kay hagan has run a really good race. i might point out. $100 million. most expensive race in the country. as republicans try to nationalize this election. what kay hagan has done. no, no, no. this is about north carolina. i am running against the speaker of the house in north carolina. and here's what he did. he cut teacher pay. he passed voter id law. things you don't like. about our state. she managed to keep this election, local. of course, the outcome could be determined by some what pizza delivery guy. we'll see. third party candidate. right. right. >> my mom is from north carolina. i spent a lot of time there growing up as a kid with my grandparents. that was the jesse helms era. the idea that barack obama, in 2008, senator barack obama turned night a blue state. remarkable. the problem. have not been able to replicate it since. since 2008. fell short in 2012. this 'tthis big. gloria says, a remarkable effort by kay hagan. a lot of people a year ago would say is the most vulnerable democratic senator and she, she actually is other than jean shaheen proven herself to be one of the most resilient. if she loses tonight. we don't know the results tonight. if she loses tonight. then, democrats really have to go back to square one when it comes to winning statewide. in a presidential election contest. because the they have not been able to recapture whatever it was that they did in 2008. i grew up in north carolina. still have family there. >> one up him. >> i'm from new york. go ahead. >> i thought actually learned a lot. glad you were there. in north carolina it is like, we were talking kentucky earlier in the night. there are a number of states that have different traditions, co-xig co-existing. jesse helms. and terry sanford, a progressive governor, major influence in my life. and i think what you saw in this race is a classic example of america being very sharply divided. nationwide. between two different traditions and a sense that, we are moving into one or the other. we are not both. kay hagan, barack obama is very, very unpopular. very unpopular. heap lost this last time. more unpopular now. she should have won the race on that basis alone. going away. but tillis comes from this other tradition which is really antagonized a lot of moderates. that represents a very, it is an extreme conservative position in, in the legislature. and that was, that's been a real drag on tillis. why they're running neck in neck. it really, represents the larger picture. >> one of the things you have to brag on grassroots in north carolina. pick up on where you are coming from. you have a reverend barber there, the head of the naacp, and the minute that the tea party took over the state legislature he began this moral mondays movement. not been talked about. they have been gathering. marching. demonstrating. don't attack the teachers. don't attack women any choice. don't attack voting rights. this is the naacp in north carolina recognizing white folks, organizing with labor. this is the basis of this fight back for hagan. able to do well herself. also a backlash against the tea party. that that, and these forces combining. >> there are two backlashes. >> exactly. two backlashes. >> want to show numbers for virginia right now. ahead by 7,500, give or take a little. 89%. you want to talk about virginia? >> what i want to say for a minute. every american ought to be really proud about tonight. what you are watching across the whole country are really close elections they prove the campaigns matter. candidates matter. by the way your vote matters. this is a validation after all, big money, everything else. in the end in a lot of states. people walking into vote, are going to make a difference. and their trust and the candidate is going to make a difference. shaheen won in the end people decided she has represent ra sended new hampshire. i want her back. despite a great exam paicampaig. >> go down state-by-state. you see these kinds of. if pat roberts survives it will be because for his entire career he really is from western kansas. in the end, western kansas said we'll give him one more chance. that kind of personally, so to me, tonight whether you are democrat or republicans, who ever wins in florida for governor. this is a wonderful vindication of the american model. >> wonderful. there are close races. shows your vote matters. the flip side of that is that i expect that turnout will not be very strong. it will be way down from a presidential year. and makes the point. if you are out complaining abut washington, your governor, state legislature -- and you don't vote. you should get out and vote. because these, races are close. they can be decided by.pin 5%. i want to make another point about something. that is you saw what is happening in colorado. senator udall in the fight for his life. it does not i think look very good for him given what john king was saying. when michael bennett pulled out that tree markable victory. back in a bad year for democrats. barack obama campaigned for him. in this cycle. mark udall did not want barack obama to campaign for him. there are things that go into narrow victories and losses. that speaks to decisions that democratic candidates made around the country by asking the president. >> how he stood up to barack obama. how he pushed back. >> if you've see the press turnout in colorado. haven't seen the numbers yet. that may, may, cause senator udall some of his advisers if he does lose to reconsider the strategy. >> the way. the way -- the way -- so many democratic candidates treated barack obama as if he was suffering from leprosy made it a self-fulfilling prophecy. if charlie crist loses in florida today, i think he will. partly because he underperformed in south florida. part of that is because the african-american vote and democratic base does not like barack obama being shunned that way. i think he might be saying the same thing in north carolina with hagan, same thing with colorado. >> mistake for a lot of the candidates. >> this loyalty doesn't sell well. he is, like him or not. there is ways of handling it. i think, frankly, michelle nunn handled it well in georgia. we saw allison grimes handle it terribly. >> not saying she voted for him. >> if you look at the exit polling. it looks like obama was a heavier weight against the democrats than the republican unpopularity was against republicans. >> i think that makes sense. he is president. republican leaders don't carry the same sort of -- comments. [ indiscernible ] >> a lot of talk in the white house about whether president obama should do executive actions having to do with immigration reform. ultimately there were not, not that politics have anything to do with any decision the president makes. >> never. >> there were enough democrats in tight races who thought it would hurt them than there were democrats who thought it would help them. in fact the only one i know who in a competitive race was mark udall in colorado where the latino vote was key to bennett winning a few years ago. i am just wondering what that impact might be. >> decision making process going forward. >> very interesting to see what the latino turnout is compared to the previous midterm. i want to say also, talking north carolina. we have to acknowledge tonight is a big night for republicans. i think we have to expect that 2016, setting aside the presidential, is likely to be -- a better night for democrats. the map that we are seeing. what we are affirming tonight. we are the 50/50 nation. once again. and that in our -- politics, a landslide 'tis 53-47, nationally, which its what barack obama won the presidency by in 2008. everything else its narrower has been narrower. >> it did affect the latino vote. not just in colorado, the latino vote everywhere. >> i have to go to wolf. >> we have a major projection right now. take a look at this. cory gardner, the republican challenger, the next united states senator from the state of colorado. defeating the democratic incumbent. mark udall. a major, major win for the republicans. our reporter is standing by, over, standing by in colorado. over there at -- cory gardner headquarters. i don't know itch the folks there yet know about our projection. chris, something they will be thrilled when they hear about it. >> this is huge for colorado, wolf. the first time a republican has won the senate race statewide in colorado since 2002. the republicans in the camp felt like they had momentum on their side. mark udall felt like if he could get democrats out late. they were counting on, the young, hispanic, and women votes. it looks like those votes just didn't come through for them tonight. there was too much, riding against them with the president's unpopularity here in colorado. republicans felt like they felt very strong going into the race. el paso, douglas county turned out. and swing counties, jefferson, arapahoe, and coming out for gardner. gardner is from rural colorado. looked at as a son of rural kol kill here. those districts, when the night is through is going to come out very big for cory gardner. big night for colorado. a big night for control of the united states senate, wolf. >> yeah, that magic number is down to one. republicans need a net gain of one. started the night with six. needed net gain of six. five, four, three, two. now down to one. the republican pickup. here is where it stand right now. there will be 47 republicans in the next united states senate. 42 democrats. 51 they need the republicans to be in the lajt. several yellow states out there as you can see, undecided in those states. we'll see what happens for exam pull in kansas. if the republican, incumbent, pat roberts can hold on. if he doesn't hold on. then that number might flukt wa -- might fluctuate. the republican opponent will be the next united states senator. mark udall. democratic in come benlt. that brings the magic number. net 1. significant development. net 1. there is other state right now only one more net gain. assuming they don't lose. any republican seats. the republicans will have 5 a1. they will be the majority. in the united states senate. john king, colorado. take a closer look. how did cory gardner do it. >> switch out of the maps. i will take you there. bring up this map. take a look at balance of power. colorado red. isn't that interesting. president obama won it twice. democrats were so confident in the ground operation here. republicans out-hustled them. democrats caught up late. how did he do it? number one. chris francis was noting. el paso county. eve evangelical, rural voters. more latinos moving in. more competitive. the republican base. the margins. cory gardner did. and kent buck did that in 2010. what he failed to do was win in the denver suburbs. adams county. just winning. close presidential elections the got to hold your own in the fast growing suburbs. cory gardner at the moment. ahead in adams county. all he needed to do was break even. he gets it. ahead by a little more. jefferson county. golden, colorado, area right here. cory gardner winning badly. in denver city, mark udall, nearly 70% of the vote. win in the suburbs. then in the rural areas. when i was out there, wolf, through the conversation, ed promar, democratic, congressman from the suburbs thought, he was dead wrong. d dissatisfaction. the udall campaign disagreed. the president is popular in the west and east. see all the red filling in. very impressive victory for cory gardner. a lot of controversy. tea party members were upset. cory gardner was hand picked. guys were pushed out. ratification of the republican establishment strat jegy to cle the field for their candidates. >> mainstream republican next senator from the state of colorado. we have a key race alert that i want to update you with right now. let's start in virginia. 92% of the vote is in. the republican, mark warner. look at this. only 2,400. democrat mark warner, $2,400 over ed gillespie. slight lead over ed gillespie. 92% of the vote is in. look how close it is. more than 2 million votes cast in iowa. 20% of the vote is in. bruce braley. democrat, out of joanie ernst. 20% of the vote in. no projection in iowa yet. let's go to kansas. no projection there. yet, either. all most half of the volt is in. pat roberts, the long time republican candidate, ahead, 20 volts. no projection in north carolina. and tillis is ahead. over kay hagan. 86% of the vote in north carolina is in. thom tillis, republican challenger slightly ahead. in georgia no project, there yet either. 64% of the vote is in. david purdue, the republican candidate is ahead of michelle, the democrat, michelle nunn. if he goes on to maintain 50% advantage. plus one, there will not be a runoff. let's see what happened there in florida. 97% of the vote is in. rick scott has an 81,000 vote advantage over the democratic challenger, charlie crist. wow. let's take a look, john king. at virginia right now. gillespie was ahead. 92% of the vote is in. mike warner, slightly the democratic senator. slightly ahead of gillespie. we told you were waiting for fairfax county. that's where the difference came. mark warner made it up. here's the hard part for the warner campaign. made it up. that was the key to catching up. arlington, 98%. few more votes. itch the margins hold up. mark warner. alexandria. 100% in. few votes. prince william county. norfolk, those votes are in. come of down here. 100%. norfolk county. also 86%. he is running strong in the naval areas here along virginia beach. he is a head. chance that we got to wait. until the end. warner campaign waiting for the washington suburbs. just about in. fairfax county. now, 100%. 2,400 vote lead. this one is going down to the end. this one is going to wait. you get to a situation like this, you could have lawyers. recou recounts. most are at 100. a few in the 97. a few votes. this one here. could be. couple more votes. >> richmond i believe was we had that in earlier. 100% here. check out the suburbs. city. 98%. itch you are looking at it. couple of places that are larger areas where democrat votes. still republicpurepublican puas. >> let's go to north carolina. thom till is ahead. 88%. what have we got. 5 and 30. 37,000 vote lead. math right? see if high school pays off. look, 88%, cumberland county. looking for baskets of boats. only up to 52%. >> got hope. >> sdil got half the votesen the largely democratic county. >> winning, 60-340. you've don't know how many votes you will get. if margins hold up. that's the concern for the tillis campaign. go around, smaller conservative counties. you are at 100%. you are at 100%. you are at 100%. see that throughout the state. that by no means, hagan will catch up and win you. have bigger baskets. big omening down here where tom is winning to the south. kay hagar is winning to the north. see how it plays out. going to the wire in yet another race. this part of the country. fascinating to watch. you pull out. another one we are keeping an eye on. this one poe ten shame surprite surprise of the night. david purdue had a slump. we avoid a run-off in georgia. possible. 2/3. 65%. still have, i believe, fulton county. michelle nunn winning by margin she need to win. is the turnout high enough. let any just check around the atlanta suburbs. 34% of vote here. we have math to do in the state of georgia as this comes in. it is fill in a way that has to have them optimistic at purdue headquarters. math to be done. if you want to go there. we can go there. >> he is joining us from winston-salem. very close race. what are you learning, miguel? >> reporter: very close race. forsythe county. the fourth largest trench of votes here in north carolina. 83 of the 101 precincts are reporting. hagan has 46,254. thom timis had 38 h 44%. 43%. it's been that sort of, most of the night. tightening up a little bit. but there are still several precincts to be reported. see the folks behind me. bringing in the card from, the different precincts. they are reporting them out. getting brand new numbers now. i can tell you that 93% of the 101 presit in kts are counted. that's 49,000 votes. 670 gahagan. we are getting, very, very close in the county. still a lot of votes out there. wolf. >> miguel marques in north carolina. stay in close touch with you. anderson, that magic number for the republicans now they need another net gain of one. started with six. now done to one. some of the races are close. >> incredibly close indeed. joined by new, analysts. and reporters. dana bash joining us. candy crowly, what do you make of how tonight is going so far? >> probably better than we thought for republicans what we heard yesterday. oh, really close. democrats still have a chance. i'm not sure the democrats believe that. this looks like a really good night. the question, we think republicans will take control of the senate. by how much. that's the big question. what any their margin. their margin looks like it will be pretty good. >> dana bash? >> the question now at this point is, ary going to be able to, looks like the margins are in republican's favor. i just came from the democratic headquarters. they're sweating. they're sweating virginia. put that in their rearview mirror now. what they have their modeling. returns. put itting them together. it was clear what was going to happen. >> cliffhanger in virginia. 2,400 votes, sep greating mark warner from ed gym else pea. >> just ahead. with 92% of the vote counted. we're watching that, more from our panel, the magic wall and wolf blitzer ahead. big day? ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? 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[ho, ho, ho, ho] lease the 2015 e350 for $599 a month at your local mercedes-benz dealer. i'm sure you know what this meeting is about. yes, a raise. i'm letting you go. i knew that. you see, this is my amerivest managed... balances. no. portfolio. and if doesn't perform well for two consecutive gold. quarters. quarters...yup. then amerivest gives me back their advisory... stocks. fees. fees. fees for those quarters. yeah. so, i'm confident i'm in good hands. for all the confidence you need. td ameritrade. you got this. introducing a pm pain reliever that dares to work all the way until the am. new aleve pm the only one with a safe sleep aid. plus the 12 hour strength of aleve. >> we have major prediction. take a look at this. we predict, david perdue, defeating michelle nunn, the democrat. not a pick up for the democrats. the chambliss seat. a retiring republican. david perdue will win. win by 50% of the vote. he has 57%. 41% for michelle nunn. david perdue will be the next senator from the state georgia. let's go to perdue headquarters. keira phillips. i don't know if they have heard our prediction. once they do you will hear a lot of noise over there. >> that's right, wolf. let me tell you they did have cnn on the screen a couple of hours ago. unfortunately everyone was paying attention. so you heard, roars from the crowd when the races were called. now, at the moment, it has been turned. we are looking at the georgia election results. on the screen. but not everybody is able to see it. so we are waiting for reaction from the crowd as soon as they hear. believe me. you will hear it. now here its what is interesting, wolf. this is really pretty much unexpected. according to everybody here in the crowd. they were keeping positive. they were talking about, you know, foreseeing a 50 plus one win. not having to go into a run-off. kind of behind the scenes. folks here were concerned i you were following the polls. perdue was up, 1 to 4 points. but so far, as you have seen, it's been quite a difference by, by what you have called. so we are still waiting to get reaction from the crowd, from what i understand. david perdue is here. just outside of the ballroom. he is being kept in a back room. and we are being told that he will come in. as soon as the it is announced. and you will get a reaction here from the crowd. this has been a tight race as the you know, wolf -- as you know, wolf, for a number of weeks now. perdue went out in the past weeks. 55 georgia cities, within ten days, hoping to make round. or, or, yeah. >> keira, thank you very much. >> i hear he is coming in. go ahead and toss it to you. >> keira at david perdue headquarters in atlanta. take a look where the map stand in the race for the majority of control of the united states senate. right now. 48 republicans are guaranteed they will be in the next u.s. senate compared to 42 carat krakra -- 42 democrats. republicans are getting closer and closer to that magic number. several yellow states you see on the map there. votes reman oin outstanding. very, very tight contests right now. staying on top of all of this. in the meantime. let's go to jake tapper. he has a prediction. hold on. not going to go to jack tapper yet. we have something else to report. let's go to john king. this balance of power right now. republicans are getting closer and closer to becoming the majority in the, in the u.s. senate. but they're not there yet. >> right. your map on the beg waig wall h races we called. i have allocated we are certain, all but certain. oregon given to the democrats. idaho to the republicans. montana we have given to the republicans. here. we have called that one. you look through. al low kate the states where we are, 99.999% certain. colorado in the republican column. republicans, 49. given what is going to happen in idaho. here is what mitch mcconnell is thinking and republican leadership is thinking, wolf. on a night where you are winning colorado you will not lose alaska. they think that will happen. we will count votes until sun up. that's what republicans think will happen. at the moment after a very big scare. they think pat roberts is going to hold on. win in kansas. we are not there. that's what they think at republican headquarters. they think they're about to win the state of iowa. watching results. long way to go in the count. republicans are hypercon fi didn -- hyper-confide hyper-confident. mary landreu would lose. this is what think at republican headquarters they will take the majority. they're going to take it with at least 52, 53 seats. the possibility of adding as we wait for north carolina and virginia. their expectation is that mark warner will hold on for a narrow win here. they're watching this with great anticipation. the north carolina race is tight to the very end. at republican headquarters, in a whole debate. they think they're going to end the cycle, cycle including january 6th run-off in louisiana. they think they will end the cycle at 53, possibly, 54. >> pretty impressive for the republicans. must say. let's go to jack tapper. a major projection. jake. >> that's right. you projected. david perdue will be senator republican from state of georgia. cnn projecting, governor nathan deal will be re-elected. he faced off a challenge from state senator jason carter, grandson of president jimmy carter. and predicting nathan deal will be re-elected the next governor of georgia. back to you, wolf. >> jake, thank you very much. take a look at where close races stand. in virginia, 92% of the vote is in. look how close it is. more than 2 million votes counted. 3,422 votes separate mark warner slightly ahead. democratic incumbent against the republican challenger, ed gillespie. 48.8%-4.7%. 8% of the vote left to be counted. in kansas right now. close, pat roberts does have a 28,000 vote margin ahead of greg orman. independent. senate challenger. pat roberts. 51% of the vote in. almost half the votes outstanding. this is a race that republicans really want to win, pat roberts there. greg orman has run an impressive campaign as independent. hasn't said if he would caucus with democrats or republicans if elected. he has to be elected. doesn't look like with half of the vote in. that may not necessarily happen. we will wait to all the votes are in. in iowa, third of the voters. in. and the democratic, has the a slight advantage, over joni ernst. bruce braley up. in north carolina. 93% of the votes are in, and thom tillis has the a 53, 53,000 vote advantage over, over kay hagan. 47% for her 49% for thom tillis. let's update florida right now. this has been ape very close race as well. the governor's race in ga florida. rick scott. he has a nearly 80,000 vote advantage. with 90% of the vote in. and, charlie crist. democratic challenger. 47%. so it is looking pretty good for rick scott. we have not been able to make a projection in florida yet. let's go back to anderson and his team over there. anderson, talk about some of the biggest surprises of the night. >> lot of folks are looking at virginia. van jones, paul begala, not paul begala. >> all white guys look the same. >> jay carnie. and newt gingrich. >> well, it is one thing to know that you have got the six-year curse out there. you are going to suffer these losses. people are emotional. hard to see this go down. i am -- al franken, barely sweeped by six years ago. he stuck to his guns. he is in there. warner, being this close to possibly losing. i think is the biggest shock. because virginia is, is something that, as an obama guy, i feel so proud of our record there. >> let's look at the numbers in virginia. right now mark warn ear head by 3,400 votes. 92% in. ed gillespie has run a good campaign. a couple of big surprises. one of the biggest surprises tonight. ed gillespie. put this together. make it real. enough votes are out he could win. depending where they're coming from. and second i think, pat roberts. despite, lots of mistakes, is probably going to, methodically work his way back in. and that is a place that absorbed time and energy. and i think you have to -- give a lot of credit to the republican national committee. they looked at the 2012 results and said, technologically out of step. we don't have enough inclusion for women and minorities and young people. we don't have a field operation. you go across the country today, if they can, can continue this into 16. they have hand opportunity to really make a huge. >> that is an untold story. >> put it out in virginia. losing candidate. if they lose by less than 1% can request a recount. which could be viable. >> probably either one will. i think you don't know how many vote are out. military. or our veterans. though groups are going very heavily against warner. and so, i think gillespie in the play. >> republicans need net gain of one seat to win control of the u.s. senate. can democrats hang on in virginia. a race that wasn't supposed to be this close. senator warner, inching across. challenger, ed gillespie. election night far from over. a lot ahead. we will be right back. so you can see like right here i can just... you know, check my policy here, add a car, ah speak to customer service, check on a claim...you know, all with the ah, tap of my geico app. oh, that's so cool. well, i would disagree with you but, ah, that would make me a liar. no dude, you're on the jumbotron! whoa. ah...yeah, pretty much walked into that one. geico anywhere anytime. just a tap away on the geico app. we got a key race alert. let's check it out right now. in virginia, 92% of the vote is in. mark warner incumbent democrat has a slight advantage. 3,422 votes out of more than 2 million cast. look at this. 48.8% for warner. to 48.7% for ed gillespie, republican challenger, former chairman of the republican national committee. still 8% of the vote out. not able to make a projection. in new hampshire, we did project that jeanne shaheen, ahead with 78% of the vote in. 2,223. scott brown, republican challenger. not ready to concede. 50.3%, to 49.7%. let's go to michelle kaczynski. scott brown not ready to concede, michelle? >> right. in fact they were talking about a recount when i just spoke to them about 15 minutes ago. what is so fascinating about this, and this race was, beginning to be projected hours ago. hours ago. delayed and delayed. we have seen the numbers change dramatically. we are seeing the latest here. just showing you the gap is widening a bit. and we are talking about, 2,000 votes at this point. that's because within the last half-hour, that margin was down to about 400 votes with 70% of them in. so the brown campaign is saying -- look, we know that some of those townships, people are saying, they're heavily democratic. so, yeah, that gap could still widen in favor of senator shaheen. they're also saying there are republican townships thourt that also have not been counted. so, at this point, neither campaign has called the other, and the brown campaign is not giving in yet. wolf. >> michelle. still, shaheena. head by 2,223 votes. 50 p 3%-49.7% over scott brown. i want to quickly go to john king over here. this new hampshire contest, still what, 22% of the vote out. scott brown, former massachusetts senator. he is not conceding at laes not yet. >> all the speeches are on hold. everybody studying the map. and skaulg people in the counties. a couple things to look at. 70% of the vote in. you are looking at the vote. shaheen, dartmouth, town of h d hanover. to michelle's point. you are looking at this. and an area he thinks he is going to win tonight. win it by a decent margin. see if he does. the reason they're waiting you have 0% of the vote. they're waiting for that one to come in. pull the map out a bit. bring it up. stretch it out. you come out to this part of the state. you have keen another area where he expects to win. you have none of the votes in. you still have some of these places have small vote counts. give you an example what to look at. if you are the shaheen campaign. you are looking, we will run something like president obama won. and all this fills in. a lot of blue. a lot of blue fills in on the western part of the state. enough blue fills in at the bottom. think they will win like president obama. if you are scott brown, maybe i can do it, and win much more down hear and take my share of the vote out here. and that's the competition right now. what is the look tore relectora. these are places in the past. voted democrat for president. voted republican for senate. they're left out there. more than enough votes out there for scott brown to make up the difference. does he get them? that is the reason you will not get a speech from scott brown for a while. talking to county, city people, his lawyers. and they're going to wait. especially we talked earlier to night how key it was for scott brown to run it up along the massachusetts border. in most of the places he is doing what he need to do. nashville, a more democratic area there. see how he is doing there, for the sake, see how he is doing for the margins. get a clue there. that know it bad. if you are the republican candidate in nashville. a more -- passes for urban in that part, in new hampshire, about, 53-47. not bad. looking at numbers across the areas. saying you know what we are meeting targets. projections why am i going to concede with the open area on the map? >> still, 21% of the vote out standing. scott brown is behind 3,000 votes. jeanne shaheen. democratic incumbent. >> incredibly close race. amazing pick a governor's race. key senate race. race to race to race. to the point, newt gingrich, earlier, your vote counts. you don't think your vote counts. you are wrong. >> your volt is counting in new hampshire. they're still counting those votes in new hampshire right now. so, she is holding off. holding off on making any statement until he concedes. go to virginia once again. right now. this is an incredibly close race. >> 9,000 votes. not that high. looking at what is left out. looking all night. find out the few votes. the virginia beach area. gillespie was down, came back. 14% of the vote not in here. if this margin continues you, never sure it will. if the margin continues roughly in the ballpark. a decent basket of votes for ed gillespie in the area. next door, democratic stronghold. norfolk, 100% in. keach moving up the coast. keep moving up the coast. 100% in. still volts for car still votes. democratic votes here. mark warn eer ahead. looking around earlier. see if it is the case. along the border. small county. republican county. ed gill spech more and more, getting close to 100. for the warner campaign. big baskets of vote. big basket vote. in, all in. and they're all in. and they're all in. so around the washington suburbs where they have the biggest most reliable democratic vote. that vote is in. again, no matter how this one goes. ed gillespie ran strong. competitive in the suburbs. very strong in ex-urban areas. again, a lot of people thought this state had gone blue. ed gillespie, making a statementstatemen statement, "oh, no it hasn't." >> polls about to close in hawaii, oregon and idaho. and we have got some projections. in hawaii we projected the democrat, will defeat the republican. and jim risch will get another six years. jim risch defeats his opponent, nels mitchell. let's take a look at the count right now after these three projections with the polls closing.
>> barack obama is not on the ballot. i am. >> this is cnn's coverage of election day in america, the fight for congress, the battles for governor and the warmup for 2016. >> i need you to do this. your country needs you to do this. >> we're in the home stretch. it all comes down to who is going to show up. >> the polls are open. the nation is choosing. and anything is possible until the last vote. and away we go. i'm brook baldwin. the time is now. three dozen governors in u.s. senate seats all up for grabs and every seat in the u.s. house of represents but all eyes on the senate this how where the republicans are eager to change the balance in washington. take a look at the numbers and colors behind me of the 36 senate seats being decided, ten are incredibly close. and if just six seats switch from democrat to republican, thego will have total control on capitol hill. four race today. you have iowa, kansas, north carolina or georgia. they could dictate how the government gets things done or not in the final two years of barack obama's presidency. we will take you there in a couple of moments. but this was the president's last campaign. and what happens today will go a long way in dethe siding what he can accomplish in his final two years in office. plus big issues to talk about on the ballot nationwide, marijuana, minimum wage, gun rights. when we will know the winners or losers? >> it would be tonight, tomorrow or weeks from now. no matter what, cnn will be there. we have correspondents across the country. stephanie elam in iowa, miguel marquez is live in north carolina, stephanie elam i'm starting with you in iowa. the senate showdown between republican jody earnest a. let's begin with hogs in your state. what are the voters seeing there? >> reporter: it's definitely different than you might see anywhere else. you're talking about joni ernst. he's talking about her skills on the farm and what she thinks will help her in wug. take a listen. >> i grew up castrating hogs on aiowa farm. so when i get to washington, i'll know how to cut pork. >> joni ernst, mother, soldier, conservative. >> reporter: and you take a listen to what she said there, said she wants to make them squeal when he gets to washington. but her campaign has had a lot of momentum and because of that some think she may pull out the win for the gop today, brooke. >> we know the seat is open because the democrat is retiring and he had some comments about joni ernst and taylor swift the other day. tell me about that. >> reporter: ernest, he managed to put her, michele bachmann and mr. rogers all in the same comment. take a listen. >> joni ernst, he's really attractive. and she sounds nice. well i got to thinking about that. i don't care if she's as good looking as taylor swift or as nice as mr. rogers, but if she votes like michele bachmann, she's wrong for the state of iowa. >> and he later apologized to those comments. joni ens said if her name was john rks eshs e earnest, this comment would not have been made in the first place. >> thank you for that. let's stay in the midwest, heading to kansas where the democrat's best hope of unseating the republican candidate may be in what this's reliableably state where there's no democrat nominees. tell me what those can dates are up to today. >> reporter: well, let's just show you what they're doing. there are actually pictures that they've tweeted out. senator pat roberts with, the incumbent, the one in congress for decades, he's on the phone trying to get people out to vote. he needs people to show up. who else needs them to show up is his challenger, the independent greg orman. he's working the shoe leather going door to door trying to get people to come out. participation is going to be key. they need the numbers on both sides in order to try to winning. and it is a nail biter. the candidates know it. >> you talk about participation, i don't see a soul behind you. how has participation been so far on this tuesday? >>. >> reporter: that's because i'm showing you the white board. this is where you vote. right now we're in a bit of a lull. you see a couple of people here. this is a voting machine state. we've seen a steady stream of people check in at the desks and moving over to vote. and what the election people here, the election commissioner hear else us that because these races are so close -- because honestly no one here knows whether who is going to win. it is an intense competition. here's what he told us. >> when you have intense races, and these have to be considered intense because they're so close, you're going to have people who are eager to make sure their vote counts, which is what we're all about here. >> reporter: so advanced voting is going to be key. we do expect those numbers to come in early, about 30% of this count we should know shortly after the polls close. >> thank you. you know, we talked about the president, not a real presence on the campaign trail in large part because of his low approval rating. 45% in october. and you know, i heard elsewhere today that his approval rating is dropping for the record. that's incorrect. he is back where he started in january after dipping to a low of 40% in july. these numbers are from cnn and orc. at this late date the president is making his presence known in a senate race in the deep south. with that, we're going to north carolina. >> reporter: amazingly enough after candidate after candidate was running away from the president, the tide seems to be turning. here's the radio ad that the president cut for senator hagan. >> voting is easy. stand with me, president obama and take responsibility in moving north carolina forward by vote for kay hagan on november 4th. >> i'm kay hagan, candidate for u.s. senate and i approve this message. >> reporter: now we're seeing a 44.7 increase in the participation of african americans from 2010 to this year, this midterm election. but unaffiliated voters are also up enormously, 44.3% increased participation, republicans interestingly enough only up in parties palt about 4.8%. it will be very interesting. the sense that there might be some democrat momentum here. we will see. polls close here at 7:30 p.m. and they'll start reporting the numbers out by 8:00, 8:30, perhaps 9:00 p.m. we'll have a goo idea of which way this one is going to go. >> miguel marquez in north carolina for us. and in the state of georgia, you know, the elections aren't just about political parties but political families, well known politicians in heated varaced. the race for senate is much, much tighter. michelle nunn up against david perdue, the cousin of popular governor sunny perdue. we know georgia is solid republican state. how much of a shot does michelle nunn really have? >> well, brooke, a likely scenario that people in georgia and beyond are preparing for is a run juf. what's contributing to that is libertarian candidate amanda swafford that is taking the votes away from daefd perdue. what's making michelle nunn competitive is the rise of registered minority voters across the state of georgia. but the magic number is the 50% threshold. also contributing into this is early voting. i spoke early to georgia's secretary of state office and they said that early voting is up from the last midterm election in 2010. it's up 20%. what we don't know is which party has benefitted from that. accord to the secretary of state office is they don't register by party. but it's going to be a very tight race between michelle nunn and david perdue. >> in georgia we know that the democrats are telling voter to go to the poll to prevent another ferguson. that is a quote from one of the leaflets being passed out here in georgia. is it fair politics? is it race baiting? we're going to have the discussion coming up. it is staggering, the amount of campaigning that the clintons have done compared to president obama. and pot, minimum wage, guns, hear which states are deciding america's most crucial issues. stick with me on this election tuesday. you're watching cnn's special live coverage. do you have the coverage? 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it's eb. eggland's best. better eggs. it's eb. ernest. you're watching cnn. i'm brooke baldwin. it's a cause and effect we see every single season. candidates running over the top candidate ads. it seems nothing is off limits. >> get high. get high. legalize it. >> more weed, less war. vote sean hall. >> get haugh get high. vote sean haugh. >> while isis terrorists threaten to kros the border and kill opponents, here's the truth. latisha opposed putting national guard troops on the border. >> tens of thousands of michiganers were evicted from their home, thrown out of her home of 50 years and left on the street. >> cut. cut. >> cut. >> the budget has been flit since 2003 responding to a disease threat this is particularly damaging. that was the left hook. >> cut. >> the right cross was the sequestration. >> campaign season. but critics say when tactic used by testimonies crosses the line, even the ads you just saw don't cross. political activists are using the police shooting death of michael brown in ferguson, missouri. in georgia the democrat party has sent out cards to voters saying vote blue if you want to prevent another ferguson in the future. similar organizations are coming from this organization that developed himself out of the hurricane of katrina, called color of change.org. the group used flyers, you see these two african american kids holding the sign saying don't shoot, enough. this is being handed out as leaflets in seven dates, illinois, michigan, north carolina, louisiana. i have an entire panel here to weigh in. inside politics contributor david mere tus. welcome to all of you. donna, um going to pick on you first. with the ferguson flyers, is this fair politics or race baiting? >> this is the cover of business week. we all forget that in august of 2014 we had a conversation about what happened in ferguson. this conversation didn't just happen in cable television. it happened in living rooms across the country, not only in african american house hold but house holds across america. >> be with ferguson, using that storyline open tragedy. >> using that tragedy where you point out that you can vote for governor or sheriff in certain parts across the country, we're focused on who will control the united states senate. it's important to tell people that you will also vote for tern general in your state, you will vote for people who will appoint shfs and deputies. it's very relevant and important because it's very important to african americans and voters across the country. >> the executive director is pointing out that these people are helping put police officers in charge which is a huge question in ferguson. but the communications director said, what happened in ferguson is a tragedy but it was not one caused by republicans or democrats. ross, jump in. >> i think what you're seeing from the democrats is sort of a larger reversal where democrats feel themselves to be losing on economic issues, losing on foreign policy. so they're relying, the way republicans traditionally have on cultural appeals. on race, in this case race and crime and police brutality. and it's sort of similar to the way mark udall has campaigned in colorado. where every sentence he's uttered has been a noun and a verb and cory gardner is going to take away your condoms. there are parallels here where the d.c. understanding of their situation is they aren't going to win the election on the economy, foreign policy and certainly not on president obama's job performance. they're looking for cultural web issues for their own base. >> i disagree but we don't have enough time. >> i disagree. >> i would say to donna. i mean the question is does is not does the cross the line. this is politics. but what are democrats campaigning on specifically that is relevant to ferguson? ferguson is a story to have overmilitarization of police departments. is the democrat party running on an anti-militarization of police departments campaign in this election? if there isn't substance, then it seems cynical to me. >> there's violence in the community, there's guns in the community. there's not just crime but there's also jobs, democrats campaign ol all of those issues and this is what the democrats talk to voters about. unfortunately, ross abwas you know in the media culture we have today, you don't hear all of those conversations. i hear them because i campaign all over the country. >> what about republicans? david, i wanted to ask this of you. what kind of outreach to minority specifically has the republican party really taken on this election cycle? >> well the republicans basically are running on fear. as to those types of advertisements, i think that gun control is a serious issue, police brutality is a serious issue. that particular ad didn't address that at all. when you look at the history of the country you'll find as many democrats in control during period of racial tension in cities as republicans. so the issues are deeper than that and that's the problem of this whole election. most of the issues are much deeper than the discussions. >> it's just -- >> well isn't this true of every election though? i mean -- >> it is to a certain extent. >> i would -- >> it's more true of this one than many. >> ross, i want to hear from you. >> just to defend the democrats and the republicans in a sense. yeah, people are running on fear in a sense. but you know, fear is a powerful motivator in politics. in a context where our foreign policy debates are about terrorism and, you know, the islamic state in the middle east and vladimir putin and where your domestic debates are about the economic future of our country, i don't think motivating people based on their anxieties is not un-american. >> the problem is that the fear transcends the election and goes into the governing. >> i wanted to ask about tim scott. he was appointed. could be the first elected african american senator. what about this all this impact on him. >> since reconstruction. >> in the south. >> i don't think that's any different than clarence thomas. race is one important factor in how you judge people and of course the country is changing and will continue to change on racial issues. but i don't know that tim scott representing anything larger than a conservative republican who happens to be black. >> okay. donna brazil, thank you all very much. i appreciate it. just ahead, liberal hero john stewart says hillary clinton is a little too hawkish for him. the comedian sat down with a blunt take on today's election. also, hear why marijuana could be the game changer in the race for florida's governor, a race that has gotten incredibly personal. stay with me. you do a lot of things great. but parallel parking isn't one of them. you're either too far from the curb. or too close to other cars... it's just a matter of time until you rip some guy's bumper off. so, here are your choices: take the bus. or get liberty mutual insurance. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. see car insurance in a whole new light. call liberty mutual insurance. i know we're talking so much about the races and the future of many of these candidates obviously on the line today. but as america decides on its leaders, et it will decide on these debates as well. men mum wage is up on many several states. the federal wage as held since 2009. but you have states like alaska, arkansas, nebraska and south dakota could join 12 other states in raising the minimums. the next thing, this is something we alluded to in the last segment. this won't place nice with me. gun control. gun control where in washington state there are two dueling measures, initiative 594 would expand background checks. and the other initiative would prevent background checks on firearm purchases unless required by a national standard. it would also bar the government if confiscating your guns without due process. and marijuana. chance to follow in the footsteps of pot pioneer states washington and colorado, voters in alaska and oregon will be deciding whether to legalize recreational use of marijuana. wall in washington, d.c. they will decide whether to limit. and dplord will decide whether marijuana should be legal. the question for florida right now, will pot protell democrat charlie crist. democrats are hoping that an amendment to legalize marijuana will drive the democrat leaning groups to the polls. we're live at the charlie crist headquarters. is this marijuana amendment bringing people out to the polls today? >> reporter: it is really too soon to tell what kind of an impact if any that medical marijuana initiative is having on voter turnout. but we do know that early voting an absentee votes are up from the last mid determine election. more than 3.1 million votes have already been cast. more than half of the votes have come from registered republicans. and when it comes to the governor's race, a race that is so tight and so hotly contested, every vote matters, every vote counts. surveys of potential voters ahead of election day, ahead of today suggests that democrat charlie crist, republican rick scott are tied. crist and scott are virtually tied. and the polls show that voters have an unfavorable opinion of the can dates. so both of them are out there trying to connect with their voters, trying to energize their base and get the people out to the polls today. we know that the incumbent governor scott is out criss crossing the state right now with texas governor rick perry. we know that clinton was out campaigning for crist in orlando. right now crist is expected to wrap things upary come here to stachlt peter burg where he'll be waiting for the votes to come in. >> we'll talk about the clinton's presence upcome in a few moments. thank you for watching the race for us out of st. petersburg. coming up next, comedian jon stewart takes a new look at the races today. what is one criticism he has about hillary clinton right now? 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this is what he said. we are talking about americans go to an election, the midterms right here today. did you vote? >> no. >> no? >> no. i just moved. i don't know where my thing is now. >> what do you mean? >> i moved to a different state. >> really, where are you? >> i can't -- >> you can't divulge. >> it's very secretive. >> for you work, is this going to be equal fader for your comedy? how can you see this playing out, this midterm election? >> how do i see it playing out in terms of -- >> what do you think is going to win tonight? who is going to hold the senate? >> if i'm listening to the people that know these things and study these things because that's not what we do, the republicans are going to win the senate, they're going to increase the house, they're going to win the supreme court and the judiciary and they're going to win a lot of the restaurants and lobbyists, going to win k street. the only thing they don't get, i think, is the presidency in this election. but if it goes the way they want, enough votes, they may get that too. obama may have to leave as well. so they may get everything that they want. and, from what i understand, their first order of business will be to destroy isis and eradicate ebola, if the commercials they have been running are to be believed. >> this is comedy as usual? >> this is a true changing point in american history. >> i mean is he like that off camera too? straight up, that's just jon stewart? >> that is him. off camera we were actually off and on talking about his next job, or his new job as a first-time film director. >> wrote the whole thing. >> he wrote the whole thing and it's about an rannian journalist who was jailed four months after a disputed election in 2009. it's rally amazing. i know quite a lot about iran and the disputed election. i know what it's like to be a journalist. and i think he's captured the terror and the absurdity of being dragged off the street and being put into prison incredibly well. it's an amazing first film debut. >> so you give the jon stewart film two thumbs up, it sounds like? >> it's interesting. i said, do you think it's going to be commercial here in the united states? that's a good question. he hopes that people will get a view of what real journalists do and he wants to sort of show that actually people are different to what the stereotype is, both the american and the iranian people when they meet and when things happen. >> did he give you any indication as to whether there's more satirical news in his future? >> he didn't discount the film making but he didn't say if he did it would be exclusive. in other words he's not spilling all of his cards right now. obviously people have been talking about what his next role would be if indeed he is not going to be on "the daily show" anymore. but he will try film gep for sure. >> fresh off the set with jon stewart. thank you so much. >> thanks, brooke. coming up next, democrat senate candidates distancing themselves from president obama. he was barely visible on the campaign trail. but a familiar first family is making a lot of appearances. the clintons, both bill and hillary clinton stumping for various candidates across the country. that conversation is next. down. we'll even buy you out of your contract. so you can get the samsung galaxy note 4 for zero down today. for over 19 million people. 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[ female announcer ] everyone has a moment when tomorrow becomes real. transamerica. transform tomorrow. transamerica. doctors have been prescribingdecade, nexium to patients just like you. for many, prescription nexium helps heal acid-related erosions in the lining of the esophagus. there is risk of bone fracture and low magnesium levels. side effects may include headache, abdominal pain, and diarrhea. if you have persistent diarrhea, contact your doctor right away. other serious stomach conditions may exist. avoid if you take clopidogrel. nexium 40 mg is only available by prescription. talk to your doctor. for free home delivery, enroll in nexium direct today. if there has been a bright spot for the democrats in campaign 2014, it has been the reemergence of the party's heavy hitters. she is everywhere it seems. ♪ ♪ former secretary of state hillary clinton not seen in the trail in earnest since the fist time she ran for president. she's the democrat's wing woman. by our count, she's stumped for 26 democrat hopefuls in a total of 18 states. husband bill is her only rival, bill clinton campaigned in 22 states while becomes a zen master at the art of the selfie. barack obama with his 45% approval rating has appeared in eight states with last count. with me now were all three correspondents. ladies, welcome to all of you. maggie, i have to begin with you. when you look at the hillary clinton and bill clinton states compared with the president. 18 states. way more than her former boss. >> right. there's one person who's going to have a very good election score card and it's president obama because he went to very few states. it's going to be clear how he did. hillary clinton has been in demand since she left the state department in 2013. the requests began come in. they put them off until the fall so she could maximize the focus open the impact. she's been working very closely with where she could do the most good, the women voters in certain states and independent voters. she's done, especially in states like kentucky, louisiana for women candidates in north carolina and elsewhere, she's done repeated visits, she's done a lot of work. that is not to say that her candidates are going to have a great night. it eats not going to be because of factors that relate to her, it's a national climate. >> that is not to say that she does not have a target on her back. roll the soundbite. >> hill tri-clinton comes up and says, businesses don't create jobs. >> a former secretary of state who was campaign in massachusetts where she said that, don't let them tell you that businesses create jobs. >> i mean you had rand paul, you had jed bush and ted cruz all evoking hillary clinton's name on the trail seizing obviously this recent flub. he's not officially in it. >> yeah. bill clinton gets to sort of go out on the campaign trail, have fun, do what he does best which is give speeches, retail pollices. hillary clinton, the stakes are a little higher for her because everyone assumes she's running. and she has moments like that that is not so great where she shows up at a lackluster campaign event like she did in maryland, sparsely populated. that doesn't look so great for her. but at the end of the night or the end of next week or maybe next month when we know what's happened with the senate, hillary linton will not be to blame or credited for democrats and how they perform tonight. >> but what about at the end of two years, maria? let me play the if card. if republicans retain pow near the house and seize power of the senate, how would that affect hillary clinton's 2016 campaign? >> i think it all depends on what republicans choose to do if they do take the senate after tonight. look, you have clearly a very desperate electorate in this country, very divided. but you also have to look at if republicans take control tonight, it's a very schizophrenic party. which one is going to show up? is it going to be the ted cruz wing of the senate? is it going to be the mitch mcconnell wing who has said repeatedly years ago that his first focus is going to make this president is first time president. or is it going to be the mitch mcconnell that's talking about reaching across the aisle. i think there's a lot that hillary clinton, if she does come in to this and does decide to run, a lot is going to depend on what happens in the next two years. i think now that's why the republicans are trying to focus on her to try to cut her down a little bit. i don't think they're convinced that if they take the senate they're going to be able to govern. >> maggie, i want to ask the same question of you but which we're on the which republican party will show up, let me pose to that to you. who will? >> tonight will tell us a little more. sort of a resurrection of the establishment republican candidate. where we've seen tea partiers and independents be republicans from the right with the exception of virginia and eric cantor. you've seen the republican candidate be successful and you might see a couple more pull it out tonight. which means that maybe over the next two years, while idea logs are important for course correction, it's also really important to show that you can govern as well. and i think and i hope that you see a little bit more action toward that over the next two years if republican pull out the senate win. >> maggie, let's say that is the group of republicans who would show up and govern over the next two years a if this become as win. how will that help or hurt hillary clinton in two years. >> if she wins in two years and becomes the president, that becomes the party. i think she will campaign broebl the same way, which is essentially describe them as extreme, describe them as not working across the aisle. i think that that gives her -- there are a lot of strategist who think the best possible outcome for her tonight is a republican senate because that gives her a clear thing to run against when she is going to have trouble separating from president obama. that's just reality. >> this is all fascinating. thank you very much. we will be up into the wee hours along with you. coming up next, right? how will cnn project the winners in tonight's races. we'll take you behind the scenes in the cnn election room. stay right here. control of the u.s. senate, that is the big prize on election day. democrats have control now but republicans are posed to gain some seats and a look at historical trends suggests there's a midterm curse for the president's party. the president's party has lost senate states in 40 of the last 43 midterm elections since 1842. a party? hi. i'm new ensure active clear protein drink. clear huh? my nutritional standards are high. i'm not juice or fancy water. i've got 8 grams of protein. twist my lid! that's three times more than me. 17 vitamins and minerals. and zero fat! hmmmm. you bring a lot to the party! yay! new ensure active clear protein. 8 grams protein. zero fat. 17 vitamins and minerals. in delicious blueberry pomegranate and mixed fruit. you know.... there's a more enjoyable way to get your fiber. try phillips fiber good gummies. they're delicious and an excellent source of fiber to help support regularity. mmmm. these are good! the tasty side of fiber. from phillips so i can reach ally bank 24/7, but there are24/7branches? 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>> we give you the breakdown on how cnn projects the election results. ♪ >> we've got a really major projection to make right now. >> how are you? >> yeah. if i said i was good, would you be surprise snd. >> yes. >> on election night you're going to find out the winnerance losers by going here, here, here, here and here. this is where it all begins. when you walk out of the voting booth on tuesday, you may be approached by somebody with a clip board asking you some questions. this is called the exit poll. once that data is collected all across the country, it comes back to here, our exit poll team, five people dedicated to taking all of the data from across the country trying to figure out what makes the most sense to explain to you how the election night is unfolding. we've talked about exit polls and we're at the decision desk. this is where a dozen members from across the country, these are journalists and proves nal mathematicians and they're working on ten different model to try to figure out how to call a race. the raw vote is your vote that starts to come in from the individual states and the individual counties. we can call a race on the raw vote. we don't even use the exit votes. sometime throughout the night the raw vote becomes more dominant and important. then ultimately we may never call a race because it comes too close. who knows what's going to happen this year. >> mark preston, thanks for the tour. who will come out the victor and who will be left picking up the pieces. election night begins right here on cnn at 5:00 eastern. we'll take a closer look at the fight for congress, the battles 0 governor open the races that decide the senate in president obama's final two years in office. cnn will be there until the last vote is counted. make sure you stay right here. the special election coverage continues with my colleague ear burnett. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. 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next senator from another state new hampshire. red state democrats running for their lives and away from president obama. a big night. let's start off with john king. walk us through some of these races. >> let's go through key races. i've assigned montana, south dakota and west virginia to republica republicans. most think that will happen tomorrow night f. that happens, anderson, and everything else in the states we know will happen, 45-45. there is your tie, right? ten states left on the board. what matters most? the polls close in kentucky, mitch mcconnell and georgia at 7:00. georgia is a big question mark tonight. democrats say they will make a late rush in kentucky, we'll see. more importantly, 7:30 the polls close in north carolina. kay hagan trying to hold on. the democrat versus republican scott brown. if these states go red, let me take this off, this tells you if jean and kay hagan loses, if we're saying early in the night, those states are going republican, forget about it. that's if not a wave a rug ripple. let's assume the democrats hold the blues, new hampshire, president obama won it twice. north carolina he won it once. iowa and colorado both states were republicans ahead. let's assume the democrats can hold on to that. that's when the night gets interesting as we go later and later because that would put us at 49-45 and then here with these states left, all of them red states, all of them president obama lost twice. the democrats would not be out. they need one more but have to get it. >> let's look closer. >> that's the question, that's the big question, you mentioned this race. let's say this is where we're are. they are saying we'll win colorado, we'll win iowa. let's say they split and republicans get iowa and not new hampshire and north carolina. then you're at 47-47. this race we could be counting this race to thursday and friday because of remote areas of alaska. republicans think they will get it and democrats say they will surprise us. they are confident about winning in the state of arkansas. they are confident here in winning in kentucky. watch african american turnout. you could have a scenario for the independent wins here. it doesn't change the math if greg orman wins. you can have a run off here in louisiana and georgia not until january. >> wow, we may not know until next year. >> if democrats won in both, they would be in 49. greg orman at 50. democrats need 50 because of joe biden, republicans need 51. we could be waiting in this race is settled on january 6th to find out. >> it will be a long night indeed tomorrow night. john king, thanks very much. >> more on president obama's role in tomorrow's outcome or lack of a roll. he only campaigned for a few candidates and many others distanced themselves from him. some democrats shying away to say if they voted for him. he's a midterm, second-term president with not exactly a winning package. that said, is this president any more politically toxic than any others? we'll talk to the panel ahead but first, background from dana bash. >> reporter: from kentucky. >> a new phase to vote for barack obama. >> reporter: to kansas to colorado. >> he voted 99% of the time for president obama. >> reporter: republicans are trying to take control of the senate to tie democrats to an unpopular president. new hampshire's gop candidate barely speaks a sentence saying he votes with the president 99% of the time. >> the president said a couple weeks ago, he's not running but all of his policies are on the ballot. i agree with him. he also said -- >> reporter: i bet you do. >> i absolutely do. >> reporter: he gives the 2014 democratic response. is the president a drag on you here? >> this race is not between the president and scott brown. this race is between me and scott brown. >> reporter: still even democratic strategists admit obama's negatives make new hampshires senate race neck and neck, one of a dozen dramatic too close to call contests from coast to coast. north carolina, georgia, kentucky, louisiana, arkansas, kansas, iowa, colorado, alaska. and this year's battle grounds are in swing states or red states where the president is not or never was popular like kentucky. >> mitch mcconnell wants you to think i'm barack obama. >> reporter: kentucky's democratic candidate went so far to refuse to admit she voted for him. >> do you vote for president obama in 2008 and 2012? >> you know, this election isn't about the president. it's about -- >> i know but did you vote for him? >> we want to put kentucky people back to work. >> reporter: there are pockets, blue states where the president has gone to help like trips this weekend to connecticut and michigan. >> we got to let them know their vote matters. >> reporter: and he's doing targeted interviews in red states like black radio. in louisiana democrat mary landrieu is counting on black votes to win and says the president is having a hard time because of his race. >> the south is not the friendliest place for african americans. it's been a difficult time for the president to present himself in a positive light. >> reporter: it's a fine line for democrats when turnout is everything. distance yourself from the president but don't go so far voters that like the president stay home. >> dana bash joins us. now are some democrats going to rethink the idea that the fact that president obama wasn't out there, they weren't asking president obama to get out there? >> no, you're hearing some democrats, some obama democrats, some loyalest on 1600 pennsylvania avenue saying maybe it was a mistake to be at such arm's length with the president at red states and purple states because you need the african american base to turn out. your need other loyal democrats that like the president to do it. i was just talking to a democratic strategists defending the idea of not campaigning saying the data is undeniablund. it hurts remarkably. he sent me a little bit of a statistic, 300,000 broadcast tv spots across 28 senate races this cycle have used president obama and criticized him. i think that's pretty telling. >> a lot saying it's a referendum. thanks very much. i want to bring in the panel, we're bringing back the band. gloria borger, alex, democratic strategists and gloria, you've spoken to sources, how worried are they tonight? >> they are worried. they are realistic. they understand this is a tight rope these candidates had to rock but go out of their way to say this is not a referendum on the president. this is administration, people. what they are saying is that this is a really bad map for them, and they do have a point there. >> they are blaming the map. >> they are blaming the map. they say these people are in red states, 80% of the states mitt romney. one, this will be a good year for republicans. yeah, we have some problems, but you know what? this is going to turn against us, perhaps, but in two years by the way -- >> alex, is this a referendum? >> it's ran mcelder's fault. barack obama has been out there. he's the one who said my policies are on the ballot, so as a republican, i think you should have been out there more, but it's about him. it's a rejection of president obama. but let's not, one senator, imagine what happened if one democratic senator voted against obamacare, just one. democrats wouldn't be facing the thumping they may get tomorrow night. >> i think this narrative is way over played. it's a lazy narrative. i think it's a narrative that's not helpful, of course you want the president out there because you want to nationalize the election. when bush was running, we wanted that. it would be bad to drop president obama in the red states where no natural democrat does well, then we play in republicans hands because -- >> you think the problem is the pa map? >> absolutely. we have three senate classes here. this is the only one the president has not won most of the states. this say horrible map but given the map, the history, you know, president second term is supposed to lose seats and given sort of the demographics, look, midterms are older, less diverse. this is a map set for republicans to run up the score. >> no question. >> they aren't running up the question. >> if they can't win in this map, they have to find another country to win it. >> right. >> imagine if it were the other way and democrats needed a hand full of other seats and it came down to delaware, rhode island and california, we couldn't close a deal. this is a lay down deal for the republicans because of the map and the president. sit a referendum on him and places where they hate him. >> one of the reasons you're not talking about the so-called wave is because republicans are just as unpopular as democrats. so this is anti incumbent. >> you know mitch mcconnell saying this is the beginning of rolling back the things the president has been able to achieve thus far. >> i hope that the just talk as a republican. this is the old may west line. the lesser picking between two evils, i'll take the one i haven't tried recently. republicans are the evil the country hasn't tried recently. republicans are being given a chance here, they are not being given a mandate. if we start off being the pessimistic cranky, as opposed to get this country back on track. >> isn't ted cruz. >> ted cruz says this is about investigation, which is absolutely a nightmare for republicans across the board. but here is the thing, here is the thing, what are you going to rollback? the 5% growth? the growth is, they would love to have it. you going to rollback unemployment rate back to prerecession? are you going to rollback the stock market, rollback -- >> since you asked, since you asked, we'll rollback -- >> 90 -- >> we'll rollback stagnant wages -- >> you going to raise the minimum wage -- [ overlapping speakers ] >> but here -- >> republican haves to agree on things on repealing, obamacare, they are not going to do that. mitch mcconnell was asked in a debate, yes, but how about -- >> by the way -- >> working in kentucky. >> exactly. >> by the way, republicans don't have a great record on tamping down the fire in the middle east, do they? >> one of the problems we've had is very weak leadership. americans lost a lot of respect in the world, and it turns out that american strength is the glue that holds it together. >> there is an intervention ring -- >> you're going to see two republican agendas for the next two years. one is hold barack obama and democrats accountable for failures. the other agenda is republicans saying health care, we can do better than october. let's have an open health care system instead of closed. let's have a health care system where dr.s and patients make choices as opposed to politicians and burro cats. if republicans offer alternatives like that -- >> so you really believe that obamacare is still on the table for something that can be rolled back? >> i believe, yes, a lot of it can be rolled back. look, president obama is not going to sign anything that decimates -- >> here is the problem -- >> if republicans, if republicans -- >> you asked a question. president obama, if he gets -- if the republicans senate in the republican house put concrete legislation on the table, barack obama would be willing to sign something, i think. tax cuts -- >> here is some senior administration official, and i quote, we're not going to sign a bunch of their bills. >> they are not going to appeal obamacare. >> cruz is talking about it. >> ted cruz is talking about something else. we'll investigate. joni ernst said she's for impeaching the president. she called him a dictator. i remember how to win an impeachment fight. >> we'll be back with special coverage. set your dvr to watch 360. breaking news, a navy seal reportedly steps forward saying he's the one that killed osama bin laden and my interview with kaci hickox and took on the governor of two states. she got a new deal from the state of maine today. hear from her next. big day? ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. 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(vo): discover how tempur-pedic can move you. and now through december 1st, save up to $500 on a tempur-pedic mattress and adjustable base. kaci hickox, the nurse in the se center of the debate cut a deal. she can travel freely in public and monitor her health quickly and run through the 10th of this month. it's an improvement to the tent she was confined to after she landed from volunteering in west africa. she's been critical of chris christie and the governor of maine. so, kaci, you reached an agreement with the state even though you're allowed to go where you want, you say you won't go into town and crowded places. explain that, why did you make that decision? >> the truth is i completely understand that this town has been through a lot and there is still a lot of fears and misinformation out there. i think we need to started a dressing the issues but it's true i moved here to fort kent maine in august, so, you know, there are a lot of people that don't know me. i'm still an outsider and i want to respect their wishes, but i really hope one day in the near future, i could come back from an ebola assignment and walk into the grocery store and people would smile and say hi. >> can you explain why you fought the way you did because there are a lot of people and i got tweets from a lot of people saying for an abun dense of caution, people are afraid. you should stay in your house. why did you fight? >> coming back to the newark airport and seeing complete chaos and disorganization was a frustrating sight to see and when policies are put in place and sort of the policies aren't organized well and staff aren't trained well, it's just a scary situation. but of course, the biggest reason that i fought is because i, you know, felt so much fear and confusion and i imagined what my fellow aid workers were going to feel if they came back to this same situation, and the more i thought about the fact these policies are being made by politicians, not really the experts in the field, the more i felt like i had no choice but to fight back. >> when governor christie says it's an abundance of caution motivating him, you don't buy that? >> i don't. whenever we're making policies, especially something as extreme as quarantine in the history of using quarantine and public health, this is something that has to be really considered. it is an extreme policy. there is no science behind it with this disease. we know that ebola has not transmitted as easily as many other diseases, and that self-monitoring and even an enhanced version, which is what most states in the u.s. are going to now, this direct active monitoring where the health department is more involved, this will work. >> the thing i don't understand, your partner, your boyfriend is a nursing student at the university of maine, and i understand he's still staying away from his school's campus. the university is saying it's voluntary. is that, in fact, the case? i think all the places that would understand, first of all, you're not sick, you're not contagious, so he's certainly not sick and he's certainly not contagious so why does he have to stay away from a nursing school? of all the people that would understand that, i think nursing students would understand that. >> this is a deeper issue the quarantine policies will not only affect the aid worker returning but end up affecting their entire family. what if i had children and my, you know, child's elementary school decided we don't want your kid coming back because they will have contact with you? again, it's not based on any science or evidence, but it's scary. i can't comment too much directly about my partner specifically, but the dean of academic affairs of the school went on national tv and said that ted wasn't going to be allowed to go to school, and this is the exact example of how when we flame the fear instead of really facing it, we all lose and again, you know, i think we have to be very careful about allowing our rights to be taken away, really based on hysteria instead of science. >> what effect do you hope your fight will have for other aid workers when they come back through how they are treated at the airport or politicians or decide how to react for quarantine? >> yeah, i mean, i think the fight is not over, even in the state of maine, you know, my court's ruling is just for my case. the state of maine policy that was written on the 28th of this month -- of last month, sorry, still says that anyone who has had contact with a patient in west africa will be put under in home quarantine. the battle is not over and all of the states, and i would like to see more leadership at the national level, as well. we really need evidence-based policies and these knee jerk reactions are not being well thought out. >> kaci, i appreciate all you've done for many years for people overseas and around the world. thank you so much for talking to us. >> thank you. >> kaci hickox. coming up next tonight, the question of who on seal team six killed osama bin laden and why it touched off such a fire storm tonight. you know.... there's a more enjoyable way to get your fiber. try phillips fiber good gummies. they're delicious and an excellent source of fiber to help support regularity. mmmm. these are good! the tasty side of fiber. from phillips so you can see like right here i can just... you know, check my policy here, add a car, ah speak to customer service, check on a claim...you know, all with the ah, tap of my geico app. oh, that's so cool. well, i would disagree with you but, ah, that would make me a liar. no dude, you're on the jumbotron! whoa. ah...yeah, pretty much walked into that one. geico anywhere anytime. just a tap away on the geico app. ♪ limits are there to be shattered. ♪ barriers are meant to be broken. ♪ lines are drawn to be crossed. ♪ introducing the first ever 467 horsepower rcf coupe from lexus. once driven, there's no going back. ♪ welcome back. we have breaking news in kwae that was supposed to remain unanswered forever, which maybe of seal team six killed osama bin laden in pakistan. a new member is standing out in a community where taking individual credit for anything is frowned upon. barbara starr joins us with more. what do we know about this? >> anderson, you know, as you say, who shot bin laden, we may never know. we have a claim, a navy seal who the navy believes is the man that is about to go on fox news and claim credit for having killed osama bin laden and an "esquire" magazine from a guy who says he's the shooter. do we know if that's one and the same? we don't at this point. there is also the book by a man named matt bissonnet or mark mark owen, depending on which name he uses, claiming he killed bin laden. they are members of navy seal team six but that night they crept up a dark staircase, no light, knowing bin laden was at the top of the stairs, very dangerous, they moved very quickly and quietly and when they burst through the door, the bullets started flying. several men and seals shot the rifles and aimed at bin laden. the seals say, the navy says they may never know who fired the actual kill shot and they don't really need to know because bin laden is dead and that's what they were going after. >> and it really was a team effort. reaction is swept and tough from the pentagon. >> you're right and because it's a team effort, the head of the navy special war fair command, wrote letter saying quote, any real credit to be rendered is about the incredible focus, commitment and team work of this diverse network and the years of hard work under taken with little individual public credit. it is the nature of our profession. admiral losey says put a zipper on it and stop talking about what you're doing, the vast majority of navy seals, commandos, these are men who operate right on the edge risking their lives, the overwhelming majority of them never talk about what they do. this is a true code of silence and i talked to some in the navy community tonight behind the scenes, there is a great deal of anger about the other seals claiming credit. you get to the target and get home, because they are a team. >> i want to bring in peter burgen who wrote probably the definitive book on this "manhunt, the search for bin laden." this goes against the whole rule of the seals, not to discuss, not to go into the details of an operation like this. >> sure, but the counter argument is senior officials is to talk about this and write about this and panetta was who critical to the planning in this, in which he gets into some of this. i'm not trying to defend what happened here but if a defense was to be made, it would be hey, other people have talked about this. now, of course, as you say, anderson, in the community, seal team six group, you know, there is great unhappiness about anybody coming forward and talking about it in any detail. >> and you talked to people, i understand, in the seal community that cast doubt about what this guy is saying. >> yeah, i mean, there is, you know, as barbara said, you know, we're never going to know what happen that night. the compound is demoll accomplished. it was a very, very difficult night. there was no moon, no electricity. people were wearing night vision goggles. there was a fire fight. the whole thing took about 15 minutes. there was a helicopter crash. it was a deeply confusing situation. certainly, the kind of consensus is there a point man that shot the kill shot. that person is by all accounts not going to identify himself. there have been two people who have identified themselves, another that's supposedly going to come out on fox and out himself with the real name and i think there is a lot of happiness about this new person. his account is heroic. it doesn't match with what we know happened that night, which there was a shot and that it wasn't one person taking bin laden down as he reached for his weapons as this new person seems to be suggesting. >> i understand that some of your sources inside the seals said this person has been bragging about this in local bars. >> he was sort of, you know, because he was being too public rather early on. so, you know, there is quite a lot of unhappiness. as this story develops, i think you're going to see a lot of push back on this guy's account of what happened that night. >> do we know why he's coming forward? i mean -- >> i really don't, anderson, because i think he's putting himself in a great deal of legal jeopardy. >> he doesn't have a book. >> it's puzzling. i don't want to impute motive here. it's puzzling because he is putting himself in a fair amount of legal jeopardy to be part of a documentary in fox where he takes credit. >> right, they all signed c confidential agreements? >> they did. name thing guy, his actual identity is supposed to be covert. so, you me, there is supposed to be a code of silence and, you know, he seems to have decided to outside it. >> with president obama's low approval rating, some democratic candidates distance themselves from him trying to get the african american support the president has held but it's a delicate dance for some candidates. what that is looking like. she's still the one for you. and cialis for daily use helps you be ready anytime the moment is right. cialis is also the only daily ed tablet approved to treat symptoms of bph, like needing to go frequently. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any allergic reactions like rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a free 30-tablet trial. e ask your doctor about cialis for daily use financial noise financial noise financial noise financial noise for over 19 million people. 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[ female announcer ] everyone has a moment when tomorrow becomes real. transamerica. transform tomorrow. transamerica. i have a cold with terrible chest congestion. better take something. theraflu severe cold doesn't treat chest congestion. really? new alka-seltzer plus day powder rushes relief to your worst cold symptoms plus chest congestion. oh, what a relief it is. here we go! for a president with low approvals, it's tricky ex democrats distancing themselves from president obama. in the latest poll, 45% said they approve of how the president is handling his job, 53% said they disapprove. now when the president himself was running for office, he got massive support from african americans and still has it. an abc washington poll from september showed an 87% approval rating. some democrats attempt to hold on to that support are under fire. >> reporter: with their biggest weapon in president obama mostly sidelined, some democrats went for the strings in a bid to get blacks in southern states to the polls. >> he made it hard for communities of color to vote. >> invoking the shooting death of trayvon martin in florida as a reason to vote in carolina. a radio ad generated by harry reid's back to maintain control of the senate and the controversial state statute made infamous in the martin state putting race at the center of the senate race. >> led the effort to pass the stand your ground laws and cause the shooting death of trayvon martin. >> reporter: there was a tough raid owe ad calling out the democrats. >> you heard this kay hagan ad. >> reporter: encouraging african americans to vote i'm vote images from ferguson, missouri where michael brown was shot to death by a police officer. republican tara wall sees it as an attempt to inflame voters. >> race is a very real issue for us as black people. we should be able to talk about it, but it's disappointing when democrats number one take the issue of race and use it to insight without any fact or basis. >> reporter: democrats deny the tactics are about inciting the racial anger and making it more about judges, prosecutors and others that allocate justice. though the tactics are not embraced but all african american politicians but one says it's valid to talk about in the midterms. >> i would not use these in a campaign, if it were my personal campaign, but i would want to make sure that we have dialogue and that we bring all parties to the table. >> reporter: still, dialogue over rates is tricky. louisiana incumbent democrat mary landrieu got tough criticism after she said this in an interview about the south and the president. >> in the south is not always been the friendliest place for african americans. it's been a difficult time for the president to present himself in a very positive light as a leader. >> reporter: the question is whether racial appeals, especially advertising could backfire revving up black voters who polls show overwhelmingly support the president while turning out light voters, the same polls do not. >> these appeals are very targeted. they are, you know, flyers or mail in predominantly african american neighborhoods or radio ads on predominantly african american radio, and so it's sort of slicing and dicing the electric. >> reporter: tough choices for democrats and only hours before we'll know whether they pulled the right strings to get one of the most critical voting blocks to the polls in a tough election cycle. back with our political commentator, donna brazil, republican consultant alex and cornell belcehr. what do you think about invoking trayvon martin? >> i'll go in a different direction because i got to call out and do some truth telling. one of the top issues against african american women is gun violence and one issue not being talked enough about is rolling back stand your ground laws that the african american community disapprove of. so why is it that in this country we can talk about women's equity, we can talk about gay andless b lesbian issd when you have a conversation that targets african americans, can you believe they are doing that? it's a double standard and we should talk about it. >> is invoking a particular case in one state involving a young -- >> it is about gun violence and stand your ground laws. we all understand what the trayvon martin case meant. it was about these outrageous gun laws that african americans and just parents in urban areas overall are paying a high price for. democrats should talk more about it. >> donna brazil showing photographs from ferguson. is there a double standard here or is this crossing a line? >> no, i don't think it's crossing a line. remember, anderson, we had to endure years of ads, everything from the so-called, you know, black man that was let out of prison by michael decauccus only to go out and rape a woman and a white individual worker tearing up a piece of paper saying i can't apply for a job because i'm white. we had to deal with the ads. race is part of the american political culture since the beginning of our country. here is to cornell's point. this is a concern of aftrican americans. we talked about trayvon martin and michael brown and the situation in ferguson. we talked about the situation here in new york with sean bell. there is no reason to lead this conversation off the table. i think democrats are smart to not only focus about violence in our communities, but we also talk about jobs, education, the same issues that i think not just african americans, but all voters care about. we want a strong economy and that's why we're talking about that issue, as well. >> i guess the question is in a campaign commercial is that the appropriate place to talk about it? isn't the objective there getting out the vote? >> anderson, if you're in ferguson, missouri right now and you want to, you know, of course, bring officer wilson to justice, if you want justice for mike brown, if you want to serve in the jury, get out there and participate. the jurors are selected from the voter poll. so we have to make the connection. we got to make sure -- this is not the only issue. there are many other commercials, i know, because i cut a few. i cut a couple robo calls, thank you cornell. we're trying to motivate voters that tend to drop off to get to the polls and let them know what is at stake and what is at stake, we're voting for governors, not just the united states congress. >> alex, does it cross the line? >> the republican ads that these campaigns are targeting, the republican candidates, they aren't running in ferguson, missouri. they are running in georgia and iowa and north carolina. >> tharry reid ad -- >> we all know what is going on. politicians targeting high-turnout groups to get a vote and voters are smart whether you're brown, white, black, it doesn't matter. what they see are politicians appealing to the worst instincts, not the best to intensify. voters see through that which is why at this point really almost have zero impact. >> you don't think they work. >> you know what would work better? it would work better and i made some ads now and then over the years -- >> come on. >> a couple. >> if it wasn't singling out one group, this group against that group, at the end of a race like this, you got to remind folks that there is something bigger in the country -- >> don't republicans do that all the time. >> welfare, we can name the republican ads but the point is that alex, we're trying to get people motivated to let them know what is at striake and we' talking about what is going on in washington dc. >> usually the side that is losing, donna, usually the side that's losing -- >> alex, many of these candidates have a narrow path to victory. not just in georgia but iowa and my home state of louisiana and north carolina, no, these ads are being run, i think in places to galvanize people and understand what is at stake and on the ballot and we're not just talking about this issue. we're talking about education, things that all voters care about. >> these ads are not talking about that at all. >> it's just one of -- alex, we spend $4 billion in this election season. let's not target the ads that we spent $150,000 or less. this is not the ad you would be involved with because we're not spending millions of dollars. this is just a very targeted ad. >> all right. we're going to obviously, spend a lot of time on this tomorrow. just ahead, the 29-year-old woman that spoke openly about her plan to end her life on her terms after being diagnosed with terminal brain cancer has finally died. brittany maynard's final message next. >> the woman mess's ball season opener and a freshman with a rare form of terminal brain cancer played. her inspiring story coming up. baron of the build-out. you need a permit... to be this awesome. and you...rent from national. because only national lets you choose any car in the aisle... and go. you can even take a full-size or above, and still pay the mid-size price. 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ask your doctor about crestor. add brand new belongings from nationwide and we'll replace stolen or destroyed items with brand-new versions. join the nation ♪ nationwide is on your side a 29-year-old who was diagnosed with terminal brain cancer made the choice herself on saturday. brittany maynard moved to oregon where doctor-assisted suicide is legal after doctors gave her a prognose of six months to live. after months of research she and her family decided the treatment would destroy the time she had left and she got the doctor-prescribed medication that would end her life on her terms. here's what she said back in october. >> i don't want to die. if anyone wants to hand me like a magical cure and save my life so that i can have children with my husband, you know, i will take them up on it. cancer is ending my life. i'm choosing to end it a little sooner and in a lot less pain and suffering. >> in her final message that was part of her obituary she wrote, if we change our thoughts, we change our world. love and peace to you all. maynard's death came on a weekend when another young woman with terminal brain cancer got her wish to play the season opener for a college basketball team. there were nine other players when lauren hill took the court on sunday and 10,000 people in the stands there to cheer her on. rachel nichols reports. >> at 5'11" freshman forward from greendale, indiana, number 22, lauren hill! >> reporter: this was the moment that should have been just the beginning for 19-year-old lauren hill, the start of her college basketball career. but instead sunday's game at cincinnati's mt. st. joseph university marked the end of a mission that lauren had been on for more than a year, getting to step on to this court before she died. it was while playing during her senior year in high school that lauren started to experience headaches, dizziness. an mri revealed an inoperable brain tumor. but even through radiation and chemotherapy, lauren remained strong. >> never give up. motto's never give up. not that she ever did before. so i don't imagine that it would change now. >> it doesn't change much. >> but she's still never giving up. >> i never gave up for a second even when they told me that i have a terminal diagnosis and i never for a second thought about sitting down and like just not living life any more. >> reporter: to lauren that made keeping her commitment to the college team she'd signed with before her diagnosis. she still wanted to try to play, but this summer crushing news. her tumor was advancing quickly. doctors didn't expect her to live past this december. >> because i can't do anything. >> reporter: but while her cancer was incurable, basketball was a different story. the school petitioned the ncaa to move its first game up by two weeks so lauren would still be in good enough health to play. tickets were in such high demand officials moved the game from a 2,000-seat arena to one that holds 10,000 and the game still sold out in less than an hour. finally, sunday, lauren took the court. and as she scored the game's first basket, the entire building erupted. >> number 22. we will remember that layup forever. >> reporter: at halftime lauren received an award for her courage from women's basketball legend pat summitt. >> this is a very big surprise. i'm just happy that everyone's here and supporting this and funding research for cancer. we're going to fight this and we're going to find a cure. >> reporter: after it was all over, gratitude and renewed strength for the fight ahead. >> today has been the best day i've ever had. thank you. >> reporter: for cnn, i'm rachel nichols. >> incredible young woman. lauren hill's going to speak to rachel nichols for that interview, be sure to watch unguarded friday at 10:30 p.m. here on cnn. in the next hour, election day just hours away, the balance of power on capitol hill is going to be up for grabs. we'll run through the key races. 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[ female announcer ] everyone has a moment when tomorrow becomes real. you know.... there's a more enjoyable way to get your fiber. try phillips fiber good gummies. they're delicious and an excellent source of fiber to help support regularity. mmmm. these are good! the tasty side of fiber. from phillips e financial noise financial noise financial noise financial noise and good evening from the cnn election center in washington, d.c. you're watching a special edition of "360," america's choice 2014. the shape of president obama's final two years in office, potentially who gets on the supreme court and a whole lot more. the ultimate outcome on the senate might not be known until january. there are so many races that have tightened in the last 48 hours. a big night ahead. let's start things off with john king. >> let's just remember the senate is the key battle tomorrow. 55-45. if we look at the races we're going to watch, let's get three out of the way. republicans will likely pick up montana, south dakota and west virginia. that would leave you with 45-45 which underscores the stakes here. republicans have late momentum but we'll get early clues as to whether they can deliver on that. number one, kentucky and georgia close at 7:00. can mcconnell keep his job and are african-americans voting in states where the democratic nominee has pushed the president away? allison grimes won't even say in kentucky if she voted for the president. then 7:30 north carolina closing. again the same dynamic. a democratic incumbent in play. 8:00, new hampshire. how are independents voting in this election? in new hampshire independents outnumber democrats and republicans. jeanne shaheen and scott brown are the candidates there. this early race will give us a clue. to keep their marjts democrats have to, what i say, hold the blues. the president won new hampshire twice, north carolina once, iowa and colorado twice. if the democrats are to hold their majority they have to win the blue states. the problem for the democrats, at the moment, if i give you this scenario, they're losing in colorado. most polls show them losing in iowa. these two states in this scenario eye given them for the democrats. but the polls that close at the end. if that played out like that in those first four states i gave you, you are still at 47-47, then we have some fun. >> this is really all about control of congress and how does that shape up? >> control of the senate. the democrats need 50, joe biden would break the tie if they can get to 50. republicans need 51. if if this scenario played out, if these four states were split and at 47-47, then the last half dozen races. alaska we could be counting until wednesday or thursday. republicans think they'll win this state. let's see if democrats can turn out in the rural areas. kentucky, i'm going to give it to mcconnell. if african-americans turn out in high numbers maybe. this is a race democrats, we'll see you on election day. tom coughlin has led by a narrow margin. now three on the board. we're at 50-47. that means republicans would need one more. if they can hold their own in kansas, that would do it. but the republicans thing the independent, greg orman might win. he hasn't said which party he'll side with. look at this potential scenario, 50 republicans, 47 democrats. two red states, president obama's under water in these states. if democrats could win them both, then at 50-49, greg orman decides who controls in the senate by making his choice. do we get an answer in georgia tomorrow night? we might. somebody has to get 50% plus one. those are the state laws in georgia and louisiana. but if conceivably michelle nunn could win there, excuse me, and then we come out to here, louisiana could decide control of the united states senate although republicans thing they're going to get one there. the most likely scenario is a republican majority, the democrats still have a very narrow window to hold it. eight or ten races right now in single digits. >> possible we might not know until the beginning of the year. >> possibly 49-48, 49-49. a december runoff in louisiana and january 6th in george ya. and if orman wins he could be sitting there holding his cards as the most powerful man in america for two months. >> as john mentioned there's a good reason we might be up all night tomorrow. a lot of the country may wake up on wednesday not knowing who controls the senate. more now from jim sciutto. >> william jefferson clinton. >> reporter: tomorrow's election may seem all about democrats and republicans, but control of the senate may come down to an independent and two libertarians. here in kansas, millionaire businessman greg orman is an independent running neck and neck with republican pat roberts, a 34-year gop capitol hill veteran. no democrat is competing here. orman has coyly avoided which party he'll caucus with if he wins, but he does have a message resonating with voters from both parties. >> washington's broken, we all know it. i believe we can have another american century if we elect problem solvers not extreme partisans. >> reporter: he may sound like this woman in georgia. >> republicans and democrats have failed us with the same old broken promises for decades. >> reporter: despite big names on both sides there, democrat michelle nunn daughter of senator sam nunn and david perdue cousin of a former governor and amanda swofford shaking up this race where democrats have a shot at picking up a republican seat. she's only polling in the single digits, but that could be enough to force a runoff in a state requiring 50% to win. the runoff means this race and the question of senate control may not be settled until january. then there's north carolina, another race too close to call. libertarian sean haw is a political novice, a pizza deliveryman who has made a name with himself with folksy ads recorded in his campaign manager's basement. >> i'm sean hall. we need to stop all war and stop spending more money than we have. >> reporter: his stand on legalizing marijuana has lit up the unusual campaign slogan, get haugh, get high. >> get haugh, get high. >> reporter: like swofford in georgia, haugh is polling in the single digits but enough to steal support from the major party candidates. does he steal more from thom tillis or democrat incumbent kay hagan? >> at this point quite a slogan there, get haugh, get high. seems like for some of these third party candidates, their popularity comes really out of frustration with the republicans and the democrats? >> no question, frustration, even anger at dysfunction in washington. it makes sense. all of us have felt it at some time. these races are dominated by the major party candidates. the ultimate math is about nine out of ten incumbents will still win. you speak to the candidates here in kansas city and you see both sides seeing something in their favor. orman's favor on the independent side, they're seeing voters energized by that frustration, people who wouldn't normally vote in midterm elections coming out for an independent. but you speak to the republican campaign for pat roberts, and they say they're seeing strength from republicans at their frustration and their anger at president obama, two very powerful forces in this particular election year. and those about evening out right now, this is a dead heat. >> jim sciutto, thanks a lot. a lot to watch. let's bring in paul begala, gloria borger, alex castellanos. are there any surprises tomorrow night? >> certainly. no, it's guarantee. this is what's great about this business is that stuff happens. we were not on basic cable, i'd use a different phrase. i can't predict it. they used to pay me a lot of money to run these campaigns, but to predict them, i don't have a good crystal ball at all. we could be here all night tomorrow. >> what are you watching in particular? >> i think there are going to be surprises because people want to flee from the democratic party but they don't want to go to a republican party. that's a lot of tension. so yes, there are going to be surprises. the race i'm watching is colorado because there's a different kind of republican, a new republican, cory gardner. it turns out it's legal for republicans to run and smile. >> he does smile. >> he's an optimist. he's got a vision for the future. we may be seeing the next generation of republican come into being this election. colorado's the one i'm watching. >> how about you? >> i'm watching the vote turnouts, in the early vote democrats have done an outstanding, 180 some million voter contacts 60% better than 2010 so democrats have actually sort of got the idea that we can't have 2010 again so we got to pull our voters out. you see it in north carolina and georgia where 20% of the voters are dropout voters, voters that hadn't been participating in the midterm elections before. in colorado a larger expanded elect tore at. that's what i'm watching. >> is there an issue for those voters? >> i worked for a guy named howard dean who said half the job is showing up. in 2010 we didn't do a good job of reaching out and touching our voters. republicans do a good job of touching the base. >> in the age of ebola, are you allowed to touch? >> i look at these races and the democrats are rerunning 2010. >> that's pretty good. >> no, but they're going after the constituencies without obama, right? so they're going after women. women's issues have been, you know, women's health issues have been a huge campaign issue to the point where they're calling senator udall senator uterus. >> single issue. >> and it's backfired. it's really backfired. >> that will be a key thing to watch tomorrow night because who would have thought with the economy stagnate, the world on fire, all these huge problems, that it would be democrats saying, little women, don't worry your pretty heads about anything other than gender issues. making just that narrow and that small an appeal when our problems are so large, i think can be demeaning and insulting. it may come back to bite them. >> issues are important. going back to colorado, they said the same thing about bennett. and that bennett wouldn't win. >> i think they're a little more nervous. >> you talked recently to vice president biden. >> i did. >> no matter who wins, the white house still has to deal with them. >> first of all, he's saying the democrats are going to win. the eternal optimist, and that's what he has to say. i did ask him, let's take that scenario you don't want to think about that republicans win control of the congress. what then would the white house do? so take a look. what if that were to be the case? >> well, i don't think it would change anything in terms of what we're about. we know we have to get done the last two years, and quite frankly, going into 2016, the republicans have to make a decision whether they're in control or not in control or they're going to begin to allow things to happen or are they going to continue to be obstructionists? i think they're going to choose to get things done. >> i think that's being a little optimistic, but what he's trying to do -- >> i want a case of what he's drinking. >> but what he's trying to do is say we're the ones who are going to compromise, we'll put out that olive branch. i think the republicans -- >> if the senate does go to republicans, who gets the blame? >> the president will. it's his presidency. >> not harry reid? president obama. >> two years ago president obama got 53%. today he's at 45 in our poll but that includes places like new york and california which really don't have senate races this year, right? so in the contested seats he's lucky to hit 40 which means roughly one out of four people who voted for him are now disenchanted. i love to rail about the tea party and they're horrible people and what not, that's not what's killing them. the democratic party is economically depressed. >> what is the disappointment based on? >> i'm not in complete agreement with my friend here. it's a pox on all their houses. you can't take this outside the context of the reality we live in where -- you know who the most unpopular people right now are? republicans in congress. even less popular than democrats. the context here. the context here also when you look back at reagan and look back at clinton, there wasn't a 20-point gap differential between their disapproval and that of congress. you have that now. so although the president's numbers aren't great but a pox on all their houses right now. >> but the guy in charge, the guy who lifted the country's hopes up, the guy everyone invested in, millennials are walking away from the president. that's barack obama. those people on cnn wearing thos haz-mat suits some are medical professionals protecting us from ebola. but a lot are democratic candidates that -- >> well -- >> the president. the guy is a political hazard. >> president obama was the reason why we held these seats. you can't have it both ways. he can have all the blame but if we hold these well then is it president obama's fault that we withheld these seats? >> things are going great. 60% of the country thinks we're on the wrong track. >> we'll take a quick break. remember the kissing congressman, the married one who wasn't kissing his wife? just one in a crowd who crossed the line one way or another including a few convicted felons on the ballot tomorrow. when a pro at any 2014 pga tour event sinks a hole-in-one, quicken loans could pay your mortgage for an entire year. truly amazing! enter today at pgatour.com/quickenloans into one you'll never forget. earn triple points when you book with the expedia app. expedia plus rewards. ♪ i thought it'd be bigger. ♪ ♪ (dad) there's nothing i can't reach in my subaru. 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elk bellow sleep number's even got an adjustment for that. give the gift of amazing sleep, only at a sleep number store. where you'll find our lowest price ever on the c4 queen mattress -just $1499.98. know better sleep with sleep number. here's a question that might leave you feeling cynical about the candidates you have a choice of tomorrow. what do an alleged fraudster and felon have in common? they all want to be members of congress. what's more, almost all of them have a shot at getting elected tomorrow. more on who those characters are -- >> reporter: the candidates may be a better fit for a soap opera than a ballot. there's the house candidate from california who is accused of sexually harassing a campaign staffer. and the new york congressman federally indicted on tax fraud. and then there's the duo from the bayou, the kissing congressman and an exgovernor turned ex-con. 2014 is a great year for bad boys of congress. it's unusual in the sense that we've rarely seen this many members who were in trouble personally or legally with strong chances to win re-elections. >> welcome to south louisiana. >> reporter: after serving almost nine years in prison after an extortion conviction, edwin edwards is back in louisiana. he was elected to four terms as a democratic governor using such colorful campaign slogans as, vote for the crook. it's important. >> my god is not finished with me. >> reporter: but this time around he has a tougher race as a democrat running in a district romney won 2-1 in the 2012 presidential race. also in louisiana, vance mcallister better known as the kissing congressman. after getting caught on tape making out with his scheduler, mcallister dropped his re-election bid only to jump back into the race a few months later with his wife by his side. >> i'm blessed to have a husband who owns up to his mistakes. >> reporter: in california candidate dimaio faces serious charges of sexual harassment. >> he reached over into my lap and grabbed my crotch. and i flipped out. >> reporter: demayo denies the allegations saying his accuser broke into his campaign office after he was fired, though no charges were filed. after week os bad headlines, the race is still neck and neck. >> we'll fight tooth and nail until i'm finally exonerated. >> reporter: michael grimm to face charges of criminal justice and tax evasion is pulling slightly ahead of his opponent despite a serious lack of interpersonal skills. despite that, he won rudy giuliani's endorsement. political experts say increased partisanship means that candidates' baggage often matters less than whether they have a d or an r after their name. >> as long as you're wearing the right-colored jersey in your district, it doesn't matter if you will be wearing a jumpsuit in a couple months, you still have a shot at winning. >> that's just the congressional candidates. in rhode island a two-time exconvict is running for mayor of providence. actually, he's running to become mayor again. he left office twice. first time after pleading no contest to assault charges. the second on a federal racketeering conviction. to talk about the appeal of colorful political figures is paul begala and alex castellanos. >> why us? >> two altar boys here. >> clearly being a thief or a sexual harasser is a step up from being a congressman so -- >> is it unusual crop or -- >> it seems like it. we should take it seriously and all that, but this goes back to the founding -- mark twain said that this was no distinctly native class of criminal america except for the congress of the united states. it is kind of amazing, it really is. but people always say, i live in washington, raising my children here, what's such a terrible place. actually it's a great place. but the people that live here that sucks. the people i have a problem with. >> the problem with democracy, we elect people just like us. very representative. it actually work. scandal doesn't usually beat politicians. >> it does not. >> wilbur mills fell into the tidal pool with a stripper, was re-elected after that. huey long was caught selling state land to fund the lsu football team. he said i'm the official thief of lsu. scandal, lie, because it's not about me the voter at all. >> is it how somebody handles the scandal in terms of whether they survive it? >> people don't have very high standards for politicians these days. they're worried more about their money than money politicians may be putting in their pocket. that's just been the history. scandal usually doesn't beat politicians. >> you look in louisiana, which, you know, i love the state of louisiana, you got -- >> it's the state art. >> you got two very colorful candidates right there. >> but that's part of the culture. i think in louisiana, you can be liberal, you can be conservative, you cannot be boring. edwin edwards, he'll make a runoff certainly for that congressional seat. but he's out of prison now. if he were running in wisconsin, minnesota, no chance. a different political culture there. god bless louisiana. >> they've always had colorful figures. part of it is you have to be big enough to gather that public attention. so they figure you're not entirely perfect, but in louisiana wasn't it edwin edwards who said the only thing i have in common with david duke, i'm also a wizard but without the sheets? they have a high tolerance for colorful characters. >> the so-called kissing congressman who dropped out then decided to come back in the race. >> here's the secret. politicians don't run for office. they run against each other. one of them has to win. >> all right. >> well, let's see who wins tomorrow night, alex castellanos, paul begala. ahead tonight a navy s.e.a.l. reportedly stepping forward saying he's the one that kill killed osama bin laden. big day? ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. 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no hidden fees, from the bank where no branches equals great rates. welcome back. keeping them honest tonight with what could be called a new example of congress for sale. drew griffin has done extensive reporting on this. the legal, the kind of quishy symbiosis between lobbyists and members of congress. sometimes they go on fancy golf vacations together, sometimes on luxe weekend retreats, but they don't even have to leave washington for this potent mix of money and politics. tonight we go to a private fund-raiser that shows how there are many congressional offices that are revolving doors for lobbies. >> you can come to this town just about any day of the week, morning, noon or night, and find these fund-raisers everywhere, which is what we decided to do tonight, literally killing time. we found a doozy of a fund-raiser for somebody you might know but played hard to get. here's the fund-raiser's invite for none other than nancy pelosi, former speaker of the house and now its democratic leader. and there were quite a few people, a dozen, listed as sponsors. remember that. it's going to get interesting. just like the interesting way the restaurant and pelosi's staff would try to keep us from seeing what was going on. it would take place at the very public rosa mexicana restaurant in d.c., a cocktail reception. but this would not be a public event. a $500 donation is needed to get you in the door. and as we stood out front, waiters began covering up those glass doors with table cloths, preventing us from peeking inside. and though the donors and lobbyists and some politicians would all be arriving through the very public front door, it was our intrepid intern with an iphone who caught nancy pelosi surrounded by staff and security slipping into a side entrance heading down a long hallway of an office building and entering the restaurant through a kitchen. why all the secrecy? let's do a little fact check on those 12 names of people serving as nancy pelosi's hosts for the evening. all of them are former staffers, advisers or aides to nancy pelosi. and all but one of them now work as a lobbyist. a few examples, mikaela fernandez, now the chief d.c. lobbyist for walmart. howard moon lobbyist for the drug company amgen and cindy jimenez who lobbies for united technologies. we reached out to all for comment. nobody responded. >> it used to be that a position as a senior staffer on capitol hill or in a congressional committee would be the pinnacle of one's career. now it's more typical that a staffer will come in, do their stint in a member's office or on a committee and hightail it to k street where they can collect a much, much bigger paycheck at a really young age. >> reporter: the center for responsive politics keeps track of all these revolving door lobbyists, people who work on capitol hill, learn the trade so to speak, and graduate to the more lucrative field of lobbying their former bosses. and this lobbying university is churning out lots and lots of graduates. the center for responsive politics lists nancy pelosi's office as having launched the careers of 29 lobbyists. >> that's exactly why they're hired by k street, to convert that expertise on an issue to legislative influence for a particular company or organization. >> reporter: according to the center, pelosi doesn't even rank in the top ten of politicians who have revolving doors with the lobbying business. the all-time leader is former senator ted kennedy with 61 people who bounce between lobbying and being part of his staff. former senator hillary clinton ranks second at 51. the rest of the top ten all from the senate and five are democrats, five are republicans. so if everybody does it and it's perfectly legal, why hide it? that's what we wanted to ask congresswoman pelosi on this now rainy tuesday night outside rosa mexicana. so we waited until she came out that back way through the kitchen, down that hallway, for a rather brief interview. >> how are you? >> good. >> interesting fund-raiser tonight. >> it was great. >> all your alumni from the staff seemed to be hosting it for you. >> a family affair. >> reporter: critics of too much money in politics couldn't have said it better themselves. >> it's a family affair. it really seems to be. so it's $500 to get into the door of that event. where does that money go, exactly, do we know? >> this money goes to the democratic congressional campaign committee of which pelosi has taken charge of. and really her main job in washington is for raising money for her democratic party. republicans do this, too. but just today, anderson, nancy pelosi and the democratic congressional campaign committee released this statement touting her ability to raise money. $100 million. more than $100 million in this election cycle. she's gone to 750 fund-raising or campaigning events since 1992 she's raised i think -- 2002 i should say, she's raised $460 million. clear from all reporting that the main job of these people in congress is to raise money for themselves, for other candidates. and it's all consuming. >> wow, drew griffin, thanks very much. really eye opening. you've got a tip for drew on the cnn investigations team, go to cnn.com/investigator. we'd love to hear from you. next who killed osama bin laden. how much controversy a navy s.e.a.l. claiming the credit is causing. ♪ oh what fun it is to ride. get the mercedes-benz on your wish list at the winter event going on now - but hurry, the offer ends soon. [ho, ho, ho!] lease the 2015 c300 4matic for $419 a month at your local mercedes-benz dealer. fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that. well, did you know genies can be really literal? no. what is your wish? no...ok...a million bucks! oh no... geico. fifteen minutes could save you fifteen percent or more on car insurance. for going public. the account is said to put a name and a face to an earlier telling of it to "esquire" magazine where the s.e.a.l. team remained anonymous. what happened inside the compound including who specifically took the shot that killed bin laden. more on the account from brian todd. >> reporter: they spent 40 minutes on the ground but what happened in a crucial few seconds that is now among dispute among the s.e.a.l.s that killed so sam ma bosama bin lad. one said he was the man who fired the kill shots. three s.e.a.l.s move up to the third floor of the compound in abad da bag, pakistan. the shooter moves into a bedroom. by his account, there's a gun within bin laden's reach. as he tells phil bronstein in esquire, he fired two shots at bin laden. he shot him once in the forehead and another time when he was going down and at the foot of the bed when he was probably already dead. >> reporter: but another s.e.a.l. part of the team that executed the rate now tells security analyst peter bergen this. >> the piece in esquire magazine is inaccurate. it was not that person who fired the shot. it was the point man who fired the shot at bin laden and hit him in the head. >> reporter: this animation tells that version. the point man fires from the area of the stairs as bin laden is peering out the door of the bedroom. that's the first shot that hits him. bin laden's gravely wounded. the point man bundles the two women aside. >> two s.e.a.l.s came in, one to shooter and finished him off on the floor. >> reporter: that's consistent with the account of the former s.e.a.l. who wrote the book "no easy day" under the pseudonym mark owen. he was one of the s.e.a.l.s on the floor. here's what he told "60 minutes." >> after bin laden is wounded, he's still moving. you shot him twice? >> a handful of times. >> a handful of times and the s.e.a.l. in the stack behind you also shot bin laden and at that point his body was still? >> yes. >> reporter: why should we believe the s.e.a.l. that spoke to you and not the one who spoke to esquire who was also right there? >> i did a little bit of digging around with former s.e.a.l. team six members. they said on balance they found bizzenette to be a more credible person than the one in esquire. >> peter bergen is the author of the book man hunt, the search for osama bin laden. this goes against the whole ethos of the s.e.a.l.s, not to go into the detail of an operation like this. >> sure, but i guess the counterargument is that quite a lot of senior officials have talked about this or have written books about it and we just had a book from cia director leon panetta who, of course, was critical to the planning of this in which he gets into some of this. so i think that -- i'm not trying to defend what has happened here, but i think if a defense was to be made, it would be, hey, other people have talked about this. of course, as you said, anderson, in the community, particularly in the seal team six group, which is great unhappiness about anybody coming forward and talking about it in any detail. >> and you talked to people, i understand, in the s.e.a.l. community who cast doubt about what this guy is saying? >> we're never going to know what happened that night. the compound is now demolished. it was a very, very difficult night to know what was going on. there was no moon, there was no electricity. people were wearing night vision goggles. there was a fire fight. the whole thing took about at most 15 minutes. there was a helicopter crash. it was a deeply confusing situation. certainly the consensus is there was a point man who shot the kill shot for bin laden. that person is, by all accounts, not going to identify himself. being two now people who have identified themselves, one with a pseudonym, the other who is supposedly going to come on fox and out himself with his real name. and i think that there was quite a lot of unhappiness particularly about this new person, his account is very heroic. it doesn't really match with what we do know what happened that night, which is that there was a shot and that it wasn't one person taking bin laden down as he reached for his weapons as this new person seems to be suggesting. >> i understand that some of your sources inside the s.e.a.l.s told you that this person had been sort of bragging about this in local bars. >> yeah, and apparently he was demoted from the red squadron which was the squadron that did the raid. he was sort of -- because he was being too public rather early on. so there's quite a lot of unhappiness. i think that as this story develops, i think you're going to see a lot of push back on this guy's account of what happened that night. >> do we know why he's coming forward? >> i really don't, anderson. because i think he's putting himself in a great deal of legal jeopardy. thing of what happened to matt bissonette. >> he doesn't have a book. >> he is putting himself in a fair amount of legal jeopardy to be part of a documentary on fox where he takes credit for the kill of bin laden. >> they all site confidentiality. >> they all sign agreements. the mere naming this guy, his actual identity is supposed to be covert. forget about any details of the raid that he might produce. so there is supposed to be a cone of silence. he seems to have decided to go outside it. >> we'll see what happens with that. coming up next, a nurse who does not have ebola was also determined enough to take on two governors who wanted to confip her to quarantine. woman: everyone in the nicu -- all the nurses wanted to watch him when he was there 118 days. everything that you thought was important to you changes in light of having a child that needs you every moment. i wouldn't trade him for the world. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. if you're caring for a child with special needs, our innovative special care program offers strategies that can help. welcome back. so many unlikely issues have made an impact on the 2014 campaign including what to do about the ebola virus whether to quarantine anyone who comes home after caring for patients in west africa. today kaci hickox, the nurse who is the central figure in the debate, cut a deal with authorities in her home state of maine. it permits her to travel freely in public and requires her to monitor her health closely and runs through the 10th of this month. quite an improvement over the tent she was confined to after volunteering in west africa. since then she's been sharply critical of chris christie and paul lepage, the governor of maine. i spoke to kaci earlier this evening. you've now reached an agreement with the state. even though you're allowed to go wherever you want, you say you won't go into town and you won't go into crowded public places. why did you make that decision? >> you know, the truth is i completely understand that this town has been through a lot, and there's still a lot of fears and misinformation out there. i think we need to start addressing those issues. but it's also true that i only moved here to ft. kent, maine, in august. so there ar lot of people who don't know me. i'm still an outsider. i just want to respect their wishes. but i hope in one day in the near future i can come back from an ebola assignment and walk into the grocery store and people would smile and say hi. >> can you explain why you -- why you fought the way you did? because there are a lot of people -- and i got tweets from a lot of people saying look, out of an overabundance of caution, people are afraid, you should just stay in your house, just agree the be quarantined. coming back to the newark airport and seeing complete chaos and disorganization and no leadership was a really frustrating sight to see. and when policies are put in place and sort of the policies aren't organized well and staff aren't trained well, it's just a scary situation. but of course the biggest reason that i thought is because i, you know, felt so much fear and confusion and i imagined what my fellow aid workers were going to feel if they came back to this same situation. and the more i thought about the fact that these policies are being made by politicians, really not the experts in the field, the more i felt like i had no choice but to fight back. >> when governor christie says that it was an abuntance of caution that was motivating him you don't buy that? >> i don't buy that at all. again, whenever we're making policies, especially something as extreme as quarantine, in the history of using quarantine in public health, you know, this is something that has to be really consider considered. it is an extreme policy. and there is no science behind it with this disease. we know that ebola has not transmitted as easily as many other diseases. and that self-monitoring and even an enhanced version, which is what most states in the u.s. are going to now, this direct active monitoring where the health department is more involved, this will work. >> the thing i don't understand, your partner, your boyfriend is a nursing student at the university of maine. and i understand he's still staying away from his school's campus. the university is saying it's voluntary. is that in fact the case? because i would think of all the places that would understand that -- i mean, first of all, you're not sick. you're not contagious. so he's certainly not sick and certainly not contagious. so why does he have to stay away from a nursing school? i would think of all the people that would understand that, the people at a nursing school would understand that. >> yeah. i mean, i think this is, you know, an even deeper level of this issue, that these quarantine policies are not only going to affect the aid work er returning but it's going to end up affecting their entire families. what if i had children and my, you know, child's elementary school decided to say, well, we don't want your kid coming back because they're going to have contact with you. again, it's not based on any science or evidence, but it's scary. i can't comment too much directly about my partner specifically. but the dean of academic affairs of the school, you know, went on national tv and said ted wasn't going to be allowed to go to school. and this is the exact example of how when we flame the fear instead of really facing it we all lose. and again, i think we have to be very careful about allowing our rights to be taken away really based on hysteria instead of science. >> what effect do you hope your fight will have for other aid workers when they come back, either through how they're treated at the airport or by politicians or how they decide to react to demands for quarantine? >> yeah, i think the fight is not over. even in the state of maine, you know, my court's ruling is just for my case. the state of maine policy that was written on the 28th of this month -- of last month, sorry, still says that anyone who has had contact with a patient in west africa will be put under in-home quarantine. so the battle is not over. and i think all of the states -- and i'd like to see more leadership at the national level as well. we really need evidence-based policies. and these knee-jerk reactions, you know, they're just not being well thought out. >> well, kaci, i really appreciate all you've done for many, many years for a lot of people overseas and all around the world. thank you so much for talking to us. >> thank you. >> coming up next, the clock ticking toward election day. i'll ask our political panel about the one thing they'll be looking for tomorrow night. next. i have the worst cold with this runny nose. i better take something. dayquill cold and flu doesn't treat your runny nose. seriously? 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(all) awesome! i love logistics. ♪ fifty omaha set hut ♪ nothing beats that new car smell ♪ ♪ nationwide is on your side ♪ mmm mmm mmm mm mmm mm mmmmmm back with our political panel for some final thoughts on election day eve. democratic strategist paul begala and cornel welch. what's the big thing you're going to look at? >> african-american turnout. a lot of people are betting african-americans won't turn out. a lot of states have put barriers into the vote that disadvantage minority communities. >> cornel? >> i know we're looking at something we're not covering here but it's really important in most of these states. the governor's races. and across the country from michigan to kansas you have republican governors on the ropes. this is all about obama. why are there more republican governors in trouble than democratic -- >> why do you think that is? >> because they're doing a bad job of governing. >> charlie baker could be the next governor, a republican, in massachusetts, and if so he could become a national rock star. but also, do republicans think their ideas and principles are good for more than saying no to everything? colorado. there's an optimistic positive republican. could be the future of the republican party. >> so are you interested in governor races? >> terribly. the most important one to me, kansas. blood red state. romney won by 22 points. the republican governor there is on the ropes. he's had no major scandal. he's done what republicans say they want. he's cut taxes enormously and cut spending. turns out people in kansas don't like that very much because the spending is schools. and the taxes many people believe are being cut just for the rich folks. sam brownback, the governor of kansas, is on the ropes. that's unimaginable to me in a blood red state like that. >> a lot to watch for. paul begala, thanks. alex castellanos. cornel belcher. be sure to join us tomorrow night for our special election night conk. kr "cnn tonight" starts now. this is "cnn tonight." i'm don lemon. this is america's choice. 2014. we are just hours away from the first polls opening on election day, and this could be one of those times when things change a lot. with senate races in 36 states across the country and republicans needing a net gain of just six seats to win a majority. the gop could almost taste a victory. but what's at stake? which are the key races? and is president obama really the elephant in the room? plus, why you should never, ever, ever mention a female candidate in the same breath as taylor swift. we're going to get to all of that tonight with cnn's political dream team. want to bring in cnn's michelle kosinski at the white house first and our chief congressional correspondent dana bash is with us as well. also our chief political analyst gloria borger. i do have a dream team. three really smart,
good afternoon oosh i'm erin burnett. down to the wire today. just hours away from our exit polls. there are 36 governorship, seats in the house of repts and the big question tonight is who wins the senate. 36 seats are up in the senate for control of the chaum ber and control of the entire u.s. congress could very well swing to the republicans. the gop needs to gain just six seats. now there are ten key races that could decide it all. our team is covering the key races and states throughout the day and tonight miguel marquez is in north carolina, joe johns in kentucky. i want to begin in kentucky there with you, joe. senator minority leader mitch mcconnell is in the fight of his political life. if he wins, he could keep it all but if he loses, a huge personal loss for the entire party. >> reporter: yeah, a little bit of a glitch here in kentucky earlier this morning. floyd county, the eastern part of the state, they weren't able to boot up some of the voting machines. but over the weekend mcconnell seemed to be running strong, pulling away from the democrat. there is a picture being circulated on social media right now that sort of tells the story of the race. senator mcconnell voting in l u lewisville this morning. out in the country, in the urban areas, that's where senate mcconnell is expected to have his strength. a lot of the voter don't really like senator mcconnell, don't seem him as particularly pop you already. nonetheless, there is grudging ad mere ration that he gets ding done for kentucky. for alison grimes who's voted here in kentucky it's been an uphill climb owl of the way. they're hoping they'll see more new voters and people who have not come into the system before to try to push her close to the victory. she's predicting that she'll win a close race but rating now the polls suggest that's very much in doubt. >> thanks to you. joining me now is the second most powerful republican in the senate. good to have you with us. i don't know if you heard joe biden but earlier today he said the democrats are going to hold the senate with 52 states. he said in kansas, greg orman is going to win and caucus with the democrats. that a's how he gets to his 52. is he right sf. >> no, he's not. i think we'll get an early indication tonight in new hampshire, north carolina and georgia what's happening, how big the wave is. if we pick up two or three of those seats, it's going to be a big night. >> some of those in the eastern time zone, you're not waiting until we get to the alaska issue. you also are up for reelection tonight, not in one of the tightly contested races. you're ahead 57% to 35% of your democrat opponent. if you win, you stand to gain a great deal of power if you get the senate, if you get the six seats in the senate. you're now number two in terms of republican pow near the senate. will you run for majority whip if your party wins the six seats? >> well, i will, and i look forward to work with the new majority leader mitch mcconnell to turn the senate back to what it used to be, the world's greatest body where people got a chance to offer great ideas and got votes in the senate. that hasn't happened under harry reid and i think there's bipartisan disappointment with the way the senate is being run and we need new management there there will be bipartisan accord when it comes to actually getting the senate back to doing the country's business again. >> first of all, let me ask you about something. ted cruz is where i'm going here. but before i get specifically to ted cruz in terms of his leadership, he told the washington post this weekend that he would not pleblg his support to mitch mcconnell for republican leader. is that where you're going? if mcconnell wins the race and the gop wins the senate, will you back mcconnell? >> i will. mitch mcconnell has got the most experience, he's one of the sharpest minds. he's been a good leader for the republican conference in the senate. and i think we need somebody who will return the senate back to its traditions where we actually are trying to solve problems and working on a bipartisan basis to put legislation on the president's desk. as i said, that hasn't happened under harry reid. i think that will resolve a lot of people's concerns about the senate and the congress. >> those are the concerns that people have. maybe that's part of the reason that people ignored this election until the last minute. which brings me to someone like ted cruz who has rallied a lot of people to his cause. but when he speaks it's about let's repeal health care, going down paths like that. that sets up a gridlock scenario. that doesn't set up passing major legislation and moving things guard. is ted cruz somebody that is going to hurt the republican party? you get that power and then you can't pass anything because you have ted cruz there? >> our party is big enough for the whole spectrum of approaches that we have from the right to the left. what we need to do is have a chance to vote. nobody is gash teed a right to win every vote but you are given an opportunity to propose your ideas and get the vote. i think obama care has been a disaster for the american people. i think it's more likely we'll have a step by step approach to dismantling it and a replacing it with more cost effective health care that won't interfere with the doctor-patient relationship. that's what the american people want and that's our goal to provide. >> thank you so much. >> thank you were erin. coming up, the north carolina senate race, the democratic incumbent has got an last-minute push from obama. you heard the senator saying north carolina is crucial, it matters. big prediction coming up after this. we're counting the down the first exit polls. stay with us. 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[ male announcer ] for certain medical conditions where straining should be avoided, colace softens the stool for effective relief from occasional constipation. go to colacecapsules.com for savings. it is election day in america. the battle for senate control could come down to north carolina, one of the most watched and expensive races in the country, which is saying something. this is the most expensive race in history. kay hagan is locked in a dead heat against the republican, thom tillis. and in the 11th hour who had distanced herself from the president got some last-minute support from the president. >> voting is easy, stand with me president obama and take responsibility in moving north carolina forward by voting for kay hagan on northvember 4th. >> miguel marquez is live in winston salem, north carolina. this race should give us one to have first glimpses into what is going to happen tonight. >> reporter: well, a lot of folks are looking at north carolina. we should have a pretty good idea after the polls close as to how this is going to go. look, despite all of the money spent in this case, the two candidates, it is tight as a tick here. so the difference may come on the margins basically. you have a libertarian candidate, sean hall who is running sort of a lackluster bizarre out there sort of campaign, former pizza man who wants to be a senator here. he's not pulling a lot of votes but he's pulling just enough possibly to make the difference. he's pull about 4% and the margin of difference between the top two candidates has been 2% all the way along. from early voting i can fell you that the unaffiliated voters are way up 84% from 2010 midterm election. democrats are up 23%. african american voters -- that's why you see the president coming out and making the pitch to african american voters now. the democrats are seeing some momentum here. their participation up 44% in early voting. republicans only up 4.8% in early voting here. the polls close at 7:30. pretty quickly we're going to have a lot of votes coming in and then we're going to see the precincts rourt out by 8:00 or 8:30. >> and of course the nation will be watching for that. thanks very much. i want to bring in our communications director at the democrat national committee and sean spicer, director at the republican national committee. great to have both of you on. mo, let me start with you. you have senators saying it, north carolina is a must win for democrats, a must win for republicans. can democrats pull a win off from there? >> well we feel pretty good about north carolina. it is one of the races that is incredibly tight. but we're seeing some really strong indications out of there. we put a lot into the ground game and into the early vote and it's one of those states where i think it's really pulling off. and i think senator hagan has been consistently ahead narrowly so, but ahead. we feel pretty good. i think it's going to go well for us tonight but it's going to be one of those that we're watching fairly late. the race in north carolina could hinge on the african american turnout. this has been crucial when you look at the state over the past two elections. president obama got 95% of the vote in 2008, 96% in 2012. kay hagan's campaign, they went heavy on this. didn't use the president obviously until today which would be a big issue. but otherwise they have 150 captains, owners of black small businesses to help register voters. thing that could be enough? did thom tillis do enough to reach out to this crucial block of african american voters? >> it's not just that particular block of voters. it's every voter. thom tillis has been around the state. if you lack at where we were in 2012, we came in with a huge deficit of vote. we overcame that. and we feel a lot better today than we were in 2012 and i'm confident that we're going to pull out a victory there. >> mo, what about the question though about the radio ad. the president just getting involved hear at the last hour, right, for kay hagan. is it too late for that? i mean obviously when you look at the state, this state is a state where when you look at the african american voter block, the president has a lot of influence and a lot of pew ower. did he wait too late to use him? >> no, i don't think so. he's been communicating very aggressively with the african american community as well as other communities. when you're a candidate running for office you've got to make your own argument. having the president come in as a closer at the end helps a lot. but she had to win these votes on her own. i think she is. i think she is running up strong numbers in the community and i think that's going to pay off tonight. >> that's a good spin on why to not have the president come and campaign for you. best i've ever heard it. you make -- people have obviously been criticizing him or saying look, he's not there because he's not that popular. but you make a good case. each of you i know, it's not just north carolina. there are other cases you're looking at. mo, what's the next race that's important to you tonight? >> there's obviously a lot that we're keeping an eye on. i think georgia is a really interesting state. this is a state that has been shifting our way for some time. i think people thought it would be the next virginia or next north carolina within the next couple of cycles. it may be there snnow where youe got close senate and governor races. i think georgia is going to be a watt ground state for quite some time. we also have really interesting races in new hampshire and in north carolina, in iowa where the feel like the ground game as helped our candidates pull ahead. >> sean, your states? >> the first thing i would say with respect to georgia is saxby cham blis has been in a runoff. we've won all of the runoffs. i think we'll be able to pull off a win tonight. but if we go into a runoff, we've got eight for eight since 1990. this idea that georgia is a tight race is silly. you can't have that many close runoffs since 1990 and think there is a massive shift in georgia. we're looking at colorado and iowa where we've invested a great amount on the ground and i feel very good going into tonight. >> thanks to both of you. vice president biden making a bold prediction. plus scott brown stunning massachusetts in 2010 when he won the senate seat. could he be able to pull another upset in new hampshire? 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[ male announcer ] join the millions of people who have already enrolled in the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. remember, all medicare supplement insurance plans help cover what medicare doesn't pay. and could save you in out-of-pocket medical costs. call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now -- and down the road. i have a lifetime of experience. so i know how important that is. and welcome back to our 2014 election coverage here at kcnn. the stakes are high. the first exit polls close in an hour and a half. that's going to give us the first look at the election that will determine the power in washington. republicans need seven states. two of the major battleground states are new hampshire and georgia. i want to start with brian todd wh's in new hampshire this afternoon. brian, the democrat incumbent jeanne shaheen is facing scott brown. he won that senate battle in massachusetts. why has this race become a dead heat? why is this such a must keep for the dems tonight? >> reporter: it's a must keep because of what you just mentioned. the republicans need six seats net gain to retake control of the senate. three of those are considered sure things. three others are consider likely. that leaves no margin for defeat for the democrats and this is a place where the democrat incumbent is vulnerable. jeanne shaheen is in a virtual tie with scott brown going into today. he's' head by maybe two points, on another poll, scott brown is ahead by two points. it is a razor thin margin. this is a must keep for the democrats tonight and it is razor thin, erin. >> thank you very much. i want to go to nick valencia in lawrenceville, georgia. nick, there's a libertarian candidate that could throw a wrench into this entire race. maybe through the entire country until potential disarray. this race could last a long time? >>. >> reporter: well people in georgia and beyond are preparing for a runoff. just a while ago i spoke to somebody inside michelle nunn's campaign and they're confident for a win. the magic number is 50% plus one. that's the threshold that the date has to go in order to avoid a january 6 runoff. also playing a factor in this is early voting. when i spoke to the georgia secretary of state's office they said early voting is up 20% from the last midterm. at the point, every indication is that the senate race between nunn and perdue is going to come down to the wire. >> nick, thanks very much. we just had the chief of communications for the democrat committee, for the republican committee both trying to be confident of a win in georgia as well as north carolina. joining me now, andy card, our political commentator paul ba gaza who works in the white house. and dancandy crowley. georgia and new hampshire are two of the most important states in tonight's election. as we talk about the six must pick up for the gop. the president has not visited either of the two states. bill and hillary clinton campaigned in both. they're campaigned for more than 30 democrat can dates in 25 states. did the democrats make a mistake in pushing the clintons over the current president of the united states? >> short answer, no. when bill clinton was president in 1994, we couldn't draw flies. people hated him. very wisely the democrats are going to their bench and thank god they have president clinton and they have hillary. i mean had ronald reagan still been healthy in the clinton presidency, can you imagine what he would have been doing? having a former president and a former secretary of state that are that popular -- and wibill clinton is the most popular political figure in the country. >> they've invested so much time in this election. what are the stakes for them if they lose? if the gop gets the sweep they're hoping to get? >> in political terms, zero. this not their election to lose. this is president obama. he's the president. this in a lot of ways was win-win for them. for the clintons with purely from their perspective, this is about picking up favors, this is about doing stuff for democrats who might come in handy in one of them decides to run for president in the next couple of years. this was an easy one for them to do. >> in that possible event that nobody expects will happen obviously. andy, the president's campaign events for primarily gubernatorial, in blue states. very safe. but when you look at the possible places where you could see the democrat wins, you're looking at the governorships. maybe this was a smart strategy for the president? >> i don't think it matters if he was going in for a gubernatorial candidate. if there was a senate candidate within 500 miles, they were affected by him. it's good that there are other ballot personalities out there because it makes things kpet tuff. i agree with candy in her observation of president clinton or hillary clinton out campaigning within and what paul says is right. but this election is going to be a referendum on how is the leadership in washington, d.c. and the leader of washington, d.c. and the country and the world happens to be president obama and he's not very popular. so i think people are trying to run away from him. the clintons are very good campaigner pps bill clinton in plr loves to campaign. i don't think if you told him to stay away he could stay away. he'll get involved and he's an asset. >> what about the issue of what happens if the republicans get this win? i mean, we just saw a glimpse of it when we had senator core nonon and he said i'm going to support mitch mcconnell and you have the republicansing this is the chance to get things done. they can't seem to agree in their own party. this might be their big moment to show things they can get done to show complete dysfunction. >> the prez enl era which begins tomorrow for 2016 is a different kind of mix than mid terms. i think it's very clear that republicans know that they have to do something. they have to how show they can lead. they have 0 paz some bills. will they be bills that the president signs? the fact of the matter is there has to be some movement on capitol hill. there are lots of internal divisions. it will be eser bated by the fact that there a number of senators and in the house that are looking at 2016. they'll want to have their agendas out there. there's absolutely no guarantee that something will get done. but i believe that the president wh is looking at legacy and the republicans who are looking to prove they need to lead might get something done in the first six months of next year. nothing more possible to sometime my a presidential race than what did you do, absolutely nothing. i want to play for you in a moment jon stewart telling cnn what it would be like if the republicans take control of the senate. the president's party has lost an average of six senate seats in the president's six year in the white house. that's our sesame street number for this election. this is where we're at for this year. will history hold true? we'll be back. have you ever heard of a country that offers exceptions up to countries for ten years. 30% cash back from your investment? 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>> no. i just moved. i don't know where my thing is now. >> what do you mean? >> i moved to a different state. >> really? where are you? >> i can't -- >> you can't divulge. very secret. >> very secretive. >> for you job, for your work, is this going to be equal fodder for you comedy? how can you see this playing out, the midterm election? >> in terms of? >> who do you think is going to win tonight? who is going to hold the senate? >> if i'm listening to the people who know these things and study these things, because that's not what we do, the republicans are going to win the senate, they're going to increase the house, they're going to win the supreme court and the judiciary and they're going to win a lot of the restaurants and lobbyists, they're going to win k street. the only thing they don't get, i think, is the presidency in the election. but if it goes the way they want, enough votes, they may get that too. obama may have to leave as well. >> he may very well. >> they may get everything they want. and from what i understand, their first order of business will be to destroy isis and eradicate ebola, if the commercials they've been running are to be believed in this is comedy as usual? >> this is major. this is not comedy as usual. this is a true changing point in american history. >> delivered as only jon stewart can you can catch the full interview tomorrow on cnn international. back with me now though are former white house steve of staff andy card, our political commentary and a anchor of the state of the union candy crowley. you got to like the way he delivers it. andy, what about the issue of how things change. jon stewart stating they want to have everything. in his view you obviously could get the senate. since fdr was in office, as no doubt you are well aware, right, that the party, the president's party has lost six seats in the president's six year in the white house. that's this year for president obama. you were president bush's chief of staff coming into the mid terms. he ended up losing the house and the senate. how in the world do you get over the hurdle that you have the power and then you lose it and get something done afterwards? >> i wasn't chief of staff in that particular election you're citing. i was chief of staff up until 2006. but i do think the president was able to get things done because he focused on a much more narrow agenda. he was trying to deal with a changing of strategy in a war that was not going well and it made a big difference. so he gave -- president bush did a phenomenal job of exercising leadership within his power. he didn't use the executive authority that president consist use to jam things down the throat of congress and do things without congress. he took his responsibilities in confusion nal and exercised them, informed congress and became a partner in the process. i hope president obama does not become arrogant in defeat where he refuse to work with a congress that has been changed maybe because of the election. so i don't want his arrogant to be such that he is going to try to jam things through. i want him to recognize that the republicans have a responsibility to lead. i think they're going to step up to that responsibility. it's going to be a challenge for them to do so. but president obama should be part of the solution, not just exacerbate the problem. >> it's going to be a challenge for them when there are some saying they're going to repeal obama care and they don't have the votes to do that. you have to hope that that sort of talk dies down if they want to get stuff down. what about the point that andy is making that the president will be arrogant in defeat. is that a risk for him? >> it's an occupational has yard in that building. >> i'm ocertainly this presiden will do nothing like that, thank goodness. but he does need to reach out always. you have to keep reaching out, keep working, keep at it. then the republicans should they gain power will have to decide. and they're going to go one or three ways. either they're going to pass a bunch of stuff that he'll veto or they're going to investigate, investigate, ted cruz has already called for that. they want to investigate. joni ernst called for impeachment or the third way is cut some deals. that's what i hope they do. you could cut deals on tax reform, immigration reform and get this country moving again. >> what are the odds, candy? >> the odds are that if they don't do it in the first nine months of next year, they get considerably smaller. look, i think that there's an opportunity here on some of the airs when i've talked to folks in the leadership on both sides and at the white house, they do mention things like tax reform, they do mention energy policies. so there are areas of commonality. the question is whether either side will drop some of the stuff they really want that kind of makes the deal unacceptable to the other side. it's called a compromise. they've got about nine months before they're heavy into 2016. >> it's called a compromise. that's like a word in russian or arabic in the understanding of most people in washington these days. a veteran election watcher joins us with his crystal ball as we're getting near the exit poll numbers come nlg at cnn. changing his outlook at the last moment. plus, cnn with the first exit poll numbers coming out in just about one hour. 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