Lets go outfront. And good evening, im erin burnett. Outfront tonight the breaking news, the United States tonight is on track for another day of report coronavirus death. Another day and another record in death. The u. S. Has already hit a record in hospitalizations today as the cdc director, dr. Redfield, gives a sobering warning. We are in the time frame now that probably for the next 60 to 90 days were going to have more deaths per day than we had in 9 11. A 9 11 every day for the next two to three months. And already more than five times the number of americans have died from covid than were killed on the battlefields of vietnam, iraq and afghanistan combined. And the president silent about it, in fact, he has not spoken publicly about the massive death toll of this virus he hasnt mentioned it. Right now hes about to have another Holiday Party at the white house. One where people will be close to him. They will mingle. They will be inside. There will be plenty of them and if past is precedent theyll be unmasked. Topic number one his increasingly nonsense challenge test to overturn an election thats been clearly decided. The hosting a republican states attorneys general and among them was ken tax ton who filed a suit claiming voting irregularities in georgia, michigan, pennsylvania and wisconsin should be investigated before the Electoral College meets monday to finalize and formalize president elect joe bidens win. What standing does texas have over Election Results in georgia, michigan, pennsylvania and wisconsin . Okay, this is all politics. 18 republicans attorneys general are now supporting that lawsuit. Tonight more than 100 House Republicans filing a supporting brief with the Supreme Court. The four states that have been targeted all fighting back, of course, including the Republican Attorney general of florida and the democratic attorney general in michigan anna nestle who said its without Factual Foundation or valid legal basis. You see her. Well speak with her in a moment. She is not alone. Plenty republicans in texas agree with her. Congresswoman kay granger telling cnn about the lawsuit, quote, im not supporting it. I dont think its going to go anywhere ten as a distract. Senator john cornyn saying i frankly struggle to understand the legal tlooerry. Why would a state, even such a great state as texas have a say on how other States Administration elections. Sometimes you need to say the obvious and then theres congressman chip roy. His comment respectfully i will not join because i believe the case represents a dangerous precedent of one state asking federal courts to police the voting procedures of other states. Okay, thats good, at least there are some republicans willing to stand up for the longtime republican priority of states rights and federalism which is at the entire core of the american politic reality. But none of this matters to the president. Today he actually sent out more than a dozen tweets and retweets with known lies about the election and trumps latest comments on tape last night at another Holiday Party, you know, of mingling and lots of people indoors and no mask, his comments werent to honor lament the nearly 300,000 americans who died so far this year from a virus, right, a number that that will go up 2,000 or more per day for the next 60 to 90 days. No, this is what he said. All i ask for is people with wisdom and with courage, thats all because if people certain very important people, if they have wisdom and courage, were going to win this election and let me tell you [ crowd chanting four, more years ] this is blatant siycophantsy and know it is a lie. Why are 18 Republican Attorneys general supporting the lawsuit . Heres the answer, suck symptomly put by longtime conservative commentator Erick Erickson says, quote, some of them see a map participating in a lawsuit in the Supreme Court. Those of you who live in the real world see a group of politicians who intend to run for Higher Office and know theyll need to kiss trumps ring plus one texas a. G. Who wants a pardon. Thank you, eric, for putting it so bluntly and so clearly. And hes right about all his points. Including the pardon. Take the man at the center of the while thing, the Texas Attorney general ken paxton, he was at the white house today. Hes the one who brought this whole thing. Well, it is very possible he wants something from trump. So let me just tell you about paxton. He was indicted in the year 2015 by a grand jury on two charges of security fraud and third felony charge and pleaded not guilty but his case has been delayed nearly five years because of disputes between his lawyers and prosecutors. And finally in october paxton was accused by seven top aides, seven of his own top aides of bribery, abuse of office and other potentially criminal offenses. Hes denied those allegations. That could all be bad for him. Thats why erickson brings up the pardon. Kaitlyn collins is outfront at the white house. New information on a lawyer the president has representing him filed by mr. Paxton, the Texas Attorney general. Reporter the president is now a party to that suit and the person representing him is not someone youve seen in a lot of the legal action that the president has been taking over the last few weeks since the election this, is john eastman who you remember back in august he was the person who wrote that column questioning whether or not senator Kamala Harris had the legal right to be Vice President because her parents are immigrants basically pushing this birther conspiracy that you saw the president also later amplify but thats whose name was on this filing when the president intervened in this dispute in texas and im told that he is reporting directly to President Trump. Hes not really working in tandem with the rest of the president s legal team and the Trump Campaign has refused to answer questions today about when he was brought onto the team and who exactly it is thats paying him. Is tet president . Is it the campaign . Is anyone paying him at all so a lot of questions that have been left unanswered but it does give you a window into how theyre viewing this. The president has kind of gone from different attorney to different attorney where youve seen some drop out of the president s legal pursuits here in the last few weeks as, of course, his cases have grown more desperate by the day and this could be the most desperate chance yet that youre seeing from the president because i think if youre talking to people behind the scenes they know this doesnt have a realistic chance of being heard by the Supreme Court and so seeing those republicans, those over 100 House Republicans who signed on to this, this brief in agreement with the president and with this lawsuit filed by the Texas Attorney general, erin, its more of a loyalty test for them because they dont actually think this is going to be legally successful but the president s last ditch effort to overturn the results, something he failed to do repeatedly so far but now has gone from avenue to avenue to try to do so but of course theyll face their biggest test yet, republican, that is, on monday after the electors meet and certify the votes for joe biden because what do they say after that . I mean, it is, right, and they all they all know that this is hogwash to use the most polite term i can think of. Michigans attorney general, dana nesler. Republican and democrat alike singling out saying it is hogwash as i mentioned. Attorney general, you filed a brief in response to the lawsuit and you say it is without Factual Foundation or a valid legal basis. Those are your exact words. So in, you know, in english tell me why, why this is nothing. Well, erin, i mean, as most people have suggested, this lawsuit is really one of the more outrageous that we have ever seen in modern american history. Texas has absolutely no standing to disenfranchise the 5. 5 million voters in the state of michigan and our 10 million residents. Theres been no injury thats been demonstrated to the state of texas. Our election has been certified. Its been upheld by every court in which its been challenged both in the Michigan State courts and in the federal courts and, in fact, texas has failed to identify a single voter who voted in michigan who should not have let alone any evidence of widespread voter fraud. So its really its outrageous they filed this and the fact that they would try to disenfranchise the xxx 39 Million People that live in these four states. Yeah. Its really disturbing . So let me ask you, because, you know, i know you heard what Erick Erickson said, the people who signed on were a group of politicians quoting mr. Erickson and know theyll need to kiss trumps ring plus bun texas a. G. Who wants a pardon and i went through paxtons background and aides who accused him of bribery and he of course denied it. Why do you think the attorney general of texas is doing this . Well, i would say this in terms of a. G. Paxton and the other 17 republicans that signed on to support this. My office, i took an oath to uphold the michigan constitution and the United States constitution the best of my ability so help me god. I dont know what they did in these other states. I dont know what their oath was tao to. I dont know if they swore to uphold the tiny fragile ego of a man who cares about nothing but himself, but they sold their souls and i hope it was worth it to them. Thank you very much attorney general, i appreciate your time. And i want to go to tom wrath. The former Republican Attorney general of New Hampshire and abby phillip our political correspondent. Attorney general wrath, pretty powerful words from the attorney general from michigan. As a former Republican Attorney general, let me give you a chance to say whether this lawsuit from paxton has any merritt. Well, first of all, once we get elected or nominated and appointed were attorney general, not Republican Attorney generals or democrat. What we have to do is apply the law safely and impartially and without fear of how the cards are going to fall. Theres an old expression if you have the law on your side you get pounded, if you have the facts, you found the facts but if you have nothing else on your side you pound the table. This is all about donald trump pounding the table. This is a lawsuit which has no basis in fact, none whatsoever. It has a complete and i think total mistake whatever you would consider taking this case, the original jurisdiction, very rarely any weight. This is what i think is really off the charts and its a very, very its a sad commentary on where we are that Something Like this even gets tried. Abby, it is that there is even a conversation about it because when it first came out, it seemed absurd. Now have you all these people signing on to it. It truly defies reason. And among many reasons for that is that it goes against one of the core things that well, its core to our country but also core to what many other republicans say they support the lawsuit say they believe in which is specialism, right . They believe in states rights and heard that from why does texas have a say on other states elections . Some republicans are saying that. The House Minority leader Kevin Mccarthy asked if he supports the president s view. I want to play it. The president has a right for every legal challenge to be heard. He has a right to go to the Supreme Court with it, yes. Okay, so, abby, it sounded as if hes on board with this but then he did not sign on, more than 100 mouse republicans did. Kevin mccarthy was not among them. Does he actually see the hypocrisy of this and feel like he couldnt say it . To me it sounded like the opposite of a resounding endorsement of this kind of effort. He did everything and said everything other than saying i support this lawsuit. I support specifically the legal theory that is behind this lawsuit which he ought to know would completely undermine, you know, the other republican elected officials who were elected down ballot in those very same states where, you know, ken paxton is trying to throw out millions of ballots and it doesnt make any sense at all that you would claim that there is such widespread fraud that it would only affect the president ial election and not any of the other elections down ballot. Beyond that, you know, i think that many republicans right now are just trying not to poke the bear. Poke President Trump. This is as kaitlyn said about showing their loyalty to trump but its also about trump flexing his muscle as a political a Political Force in the republican party. Remember, hes trying to make a case that he should be the dominant force in the party for the next four years, potentially running for president again in 20246789 the best way for him to do that in his mind is to show how many republicans he can get to back him up on this fools errand. Its an interesting point you make, right . You would think after a single term and you get defeated, clearly people, you know, there would be a lot of people moving in to take that position so trying to solidify, i may be kicked out but im still the guy. Attorney general rath, the Arizona Attorney general who was at the president s lunch today filed a separate friend of the Court Briefing that was quote unquote respecting the texas lawsuit. Thats as far as it went. It didnt fully sign on. A month ago he said this. It does appear that joe biden will win arizona. There is no evidence there are no facts that would lead anyone to believe that the Election Results will change. Okay, so given what he just said there, right, that there was no fraud in arizona that biden won how does he go along with this texas thing . Well, thats between he and his conscience. I cant speak to that but its clear that the lawsuit that was filed has no basis in either fact or law. It is strictly a political gambit. It has nowhere to go. I would be surprised if the court wasted ten minutes on it and its it just shows you where we are as a country that Something Like this would arise and give people paying attention to it that its so clearly without basis and has no meaning in either fact or law. The election is over. Joe biden won the election. Donald trump will leave office whether he wants it or not on january 20th. This lawsuit is nothing but an attempt to i suppose raise money for some political event down the road but theres no basis for it and i think its going to thats how its going to play out. Of course, the president is raising a lot of money. A lot. Now getting up to 200 million and just so people understand hes got a lot of leeway on how he spends it. Thanks very much to both of you. I appreciate it and we do have breaking news coming up, the fda Advisory Board paving the way for the first u. S. Covid vaccine and shipments literally could be ready to move within hours. What does this actually mean for when you can get the vaccine . Plus, the campaign to promote lies about voter fraud and stolen votes hyped in georgia. Why . Well, because it appears it may be working. Do you genuinely believe that he kicked joe bidens ass . Yes, i do. A leaked tape reveals a candid admission by president elect biden. Because thats how they beat the living hell out of us across the country saying that were talking about defunding the police. Erin Burnett Outfront brought to you by salonpas. Its good medicine. Ve strongly recommended to doctors to treat acute, nonlow back muscle and joint pain with topical nsaids first. 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