Election 2020: What Happens Next?

Today on Jay Sekulow Live, Election 2020. What happens next? We'll talk about that and more today on Jay Sekulow Live. Welcome to Jay Sekulow Live. We are taking your phone calls 1-800-68-431 today. That is the question.

What happens next? You're looking at basically five states. North Carolina where President Trump is leading. Looks like he will hold on to North Carolina. Pennsylvania, Joe Biden now is slightly there with 8,000 votes but many hundreds more thousands to be counted.

Georgia, Joe Biden with a very small lead. There's outstanding votes that could come in today from overseas. This is the deadline for the military. It doesn't mean they will come in. There's about 8,000 of those total.

Some military, some just people who live overseas. This is the deadline for them to come in. Again, those are not guaranteed that they are going to come in or that they were even cast. Remember, you don't have to vote when you get those ballots overseas. So, there's but a very slim lead there. They will have a recount. I don't think Georgia would be the state, is not going to be the state right now that puts Joe Biden over earlier. It's really to look at is Arizona and Nevada are their paths for Donald Trump in either of those. Now, because he'd have to still carry Georgia, North Carolina and Pennsylvania in one of those two. So, in Arizona, you have a big chunk of votes that keep coming in from Maricopa County.

Hundreds of thousands. And President Trump is doing better there. But he's got to make up a, he's down 43,779 votes there right now. And then, of course, in Nevada, he's down 20,000. So, Dad, the challenges are, you look at, there's a lot of irregularities in Pennsylvania.

We know that. And there's going to be legal challenges there or even probably more filed today. The head of the state legislature is going to come out and announce a number of things potentially that went wrong. That could lead to more legal action as well. But it still points to then what other, do things hold in other states or improve for President Trump?

So, in Pennsylvania this morning, we filed, not we, but the folks in Pennsylvania, filed an emergency stay with, application for stay with Justice Alito. And that is focusing on this issue of the irregularities in Pennsylvania and the fact that we don't even know if the votes were segregated. Because now we find out that some, allegedly, some counties did not segregate the vote. Although it was not an order that they do so. I want to be clear on that.

It was guidance. They should have segregated it. But it was not an, Andy, the opinion by Justice Alito was only for three members of the court. And they just said in their briefs that that is what their guidance was. They don't have the authority to tell the individual election districts what they have to do. Right. The Pennsylvania authorities had said and made the representation that they were going to segregate the disputed ballots or the ballots that came in that were allegedly illegal. And Justice Alito alluded to that when he spoke.

But there was not an order of the Supreme Court directing the state to segregate anything in Pennsylvania. So, you know, Than, as you're looking at it right now from your perspective, what are you seeing? I'm going to go through it the next time. We'll go through kind of details here.

Yeah, sure. I see several states that are close enough that you'd expect these challenges to continue. Some of them will end up in recounts and some of them will be legal challenges. And, Jay, when when any election in any state is this close, no matter who's ahead, who's behind, that's what you would expect.

And I would just, you know, want one sort of thought on that. I think all of us benefit from that because our republic really depends on confidence in elections. And I did see a few things on election night that, quite frankly, concern me. And I think everybody of every political stripe benefits from these challenges being played through, from the process being played out and from the ultimate victor having the legitimacy and the American people thinking it's a legitimate outcome. Well, be determinative, Jordan, and you know this because you've been working on this, is are these challenges outcome determinative?

Right. Is the Pennsylvania challenge outcome determinative or is Arizona end up being a win for Joe Biden? Or is Nevada end up being a win for Joe Biden? Or Georgia? Now, Georgia would take much longer for Joe Biden to be able to claim. So be looking at Nevada and Arizona, that would be the way for Joe Biden to try and declare victory, you know, even by today. Arizona may be too many votes still out that are coming in that are favoring Trump, but are they favoring him enough? But you look to Nevada, what's left there?

And could that be the state that pushes? At the American Center for Law and Justice, we're engaged in critical issues at home and abroad, whether it's defending religious freedom, protecting those who are persecuted for their faith, uncovering corruption in the Washington bureaucracy, and fighting to protect life in the courts and in Congress, the ACLJ would not be able to do any of this without your support. For that we are grateful. Now there's an opportunity for you to help in a unique way. For a limited time, you can participate in the ACLJ's matching challenge. For every dollar you donate, it will be matched. A $10 gift becomes $20.

A $50 gift becomes 100. This is a critical time for the ACLJ. The work we do simply would not occur without your generous support.

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Share this with your friends and family. You're getting the reports from the members of the President's legal teams. You're not going to get that anywhere else on any of these other broadcasts for a full hour as we break it down truthfully for you. We give you the honest facts, what we know now.

We try not to speculate too much, but we do try to base things on numbers that we're seeing. So again, we're looking at five states right now. Not all five have to be won by President Trump for him to win. I just want to make that clear, but he's got to win Pennsylvania.

He needs to win North Carolina where it looks like he will, but he's down in Pennsylvania now about 10,000 votes and Nevada and Arizona or like Nevada and Georgia or Arizona and Georgia. And you look in Nevada and Arizona to me are actually the two that worry me the most, Ed, because Pennsylvania, I know that we would have the legal challenges there. I mean, we have more coming, but that's only going to work in court if they are outcome determinative. Explain to people what that means.

So here's what it is. The Supreme Court's going to generally be very reluctant to engage in a particular case if there's not a determination that the numbers impacted by that case would make the election outcome determinative. In other words, if the President were to hold on to Georgia and hold on to Arizona or to retake Arizona and to retake Georgia, I guess at this point, then the question is, would Pennsylvania be outcome determinative? And the answer to that, depending on how it comes out, let's say even if Biden's up 30,000 votes. Yeah, probably is outcome determinative. If Biden was up 250,000 votes or 300,000 votes, or if the President did not take Georgia. Right. Or in Arizona Falls or Nevada Falls.

The numbers to get to 270 don't exist. So what you have to do right now is look at, you got to focus your attention on the vulnerable states. I think there was, I think Pennsylvania clearly is in that. We filed, I filed, as you know, a motion to intervene in an existing case that's up there. The other side responded yesterday. We filed a response this morning, and then we'll find out if we get to intervene. I'm sure if there's a real case in controversy, we're going to get to intervene. There may well be another case filed today in Pennsylvania. Don't know the details of it yet, working through that with the lawyers there on the ground, but that may be filed today, pointing to irregularities in the voting process. If that lawsuit's filed, and I think it will be filed as long as this case, as long as it's viable, the question still becomes, is there a pathway to get there? Because, Andy, the courts are reluctant, the Supreme Court's reluctant to get in to an election unless, like in Bush versus Gore, where it was outcome determinative.

That's exactly right, Jay. The Supreme Court is very reluctant, for example, to say we're going to stop counting. They wouldn't do that. They're not going to get involved in matters of elections unless, ultimately, it may make the determination of who wins or who loses the case. But, generally, they stay their hand on those things and do not intervene as the states proceed to count their ballots or not count their ballots, depending upon what state law, and under the Constitution, the legislature is supposed to make the law, does. Here's what, also, I think Jonathan Turley said this very well, and that is that some of the things going on reported in Pennsylvania, not allowing the monitors in where they're supposed to be, all of these are legitimate reasons to file a lawsuit, violations of equal protection, potentially.

Take a listen to what he said. They have a legitimate objection to how monitors and observers were treated in Pennsylvania. I am still at a loss to understand the high ground of these electoral officials in trying to prevent monitors and observers. It has fueled these views of many, that there was something untoward happening. So here's the biggest, the best case scenario for President Trump at this point would be that there's still a path to victory and that Pennsylvania's determinative, and that the fraud that ends up being alleged in court is so bad that they may even have to have a re-vote.

That is a possibility. I mean, if you were allowing, for instance, there's some reports, again, we'll see the evidence, that in districts that went heavily towards Vice President Biden, that they were allowing ballots to be cured. In other words, the defect in the ballot fixed. In districts that were leaning towards President Trump. Now, I haven't seen the evidence, but the people up in Pennsylvania are working on that.

That's not my job to do that. They're gathering that evidence. And then in Pennsylvania, and the ones that were leaning for President Biden, they were not allowed to cure it. If that, in fact, is the case, that's the kind of equal protection violation that would be very serious, and I believe would get the Supreme Court to intervene, if it's outcome determinative. Nonetheless, it has to be outcome determinative, but that is the classic, Jay, example of equal protection violation under the 14th Amendment that would pique the interest of the Supreme Court of the United States to get involved in the election, and I think that it's got to rise to the level of that kind of a serious constitutional infringement or violation for the Supreme Court to get involved. They're not going to just get involved over things that do not matter in the end.

That's exactly correct. Let me ask again, I want your view on this, Jordan and Thanh, and Thanh, I'll start with you. I spoke to some senators this morning, one in particular, and to try to get their sense of it.

What are you hearing from the, I mean, we heard what Roy Blunt said this morning, we've heard what others have said. You showed the case for where there's irregularities. Yeah, absolutely, and I quite frankly think at the end of the day that's where senators of either party should be, because no matter who wins the outcome, the President of the United States, whether it's a re-elected President or a new President, needs the confidence of the American people to show that it was legitimate. I will tell you this, there are a lot of people in Washington, D.C. who think that the biggest problem here are the ceasing of vote counting that did happen in several locations that night, and here's why, Jay, because all of the disputes that you're talking about now, whether or not observers are let in, where they're let in, where they can stand, those aren't nearly as big of an issue on election night if the ballots are being counted then, because both campaigns have prepared for the setup that exists on election night, and by and large, in these jurisdictions, they have people there already.

If the vote counting stops and then it restarts another day, there's almost a new negotiation that has to happen, and that's where the problems arise, so I think that's the thing I'm hearing the most from people who have been through this many, many times, whether they're elected officials or staffers, it's when that process stopped on election night, that's where the confidence starts to erode, that's where the problems start to happen, so I think that's where most of the focus is here moving forward. Yeah, I'm looking, Jordan, like right now at a brief that you and I are signing to the Supreme Court on the motion intervention, this is our reply. The Democratic Party in Pennsylvania consented to it, but the State Attorney General, not shockingly, did not.

Right, and so again, this is just to get into the case, and then you would possibly try to get there on the merits. Now on the merits, again, outcome determinative, and need probably these other state court filings to occur today in Pennsylvania that are the supposed allegations that are coming with evidence from the leaders of the Republican Party and the legislature there very soon, probably right after this broadcast, those will need to be followed up by lawsuits, and this would have to happen quickly, but remember, it's Pennsylvania plus four. I mean, it's Pennsylvania plus three, so you've got to have Pennsylvania plus North Carolina, Nevada, or Georgia, or Pennsylvania plus North Carolina, Georgia, and Arizona. You know, you've got to have Pennsylvania.

It looks like you've got North Carolina, but where are the other two that you're finding? So Georgia's very close, and Arizona still has a lot of votes out, and so does Nevada. So again, I feel like it felt a couple of times, even this morning, like they were on the edge of wanting to declare Joe Biden, put the check next to his name. There is a reason why every network, and I don't think it's all just for ratings, because ratings are going to start dropping on this.

You know, people just want to hear pontification, which is what is happening right now. It's that they all are concerned about calling Nevada yet with a 20,000 vote lead for Biden, or Arizona, which they did call the Senate race for the Democrat, Mark Kelly, but they haven't called for Biden. He's got a 43,000 vote lead because there's so many votes outstanding in Maricopa that it is possible President Trump picks up there.

So again, I'm not sure we'll know tonight. It really depends on when, and a lot of these states have said it could take them through the weekend to count the rest of these votes, but you know, and they're finding votes. You know, USPS, the Postal Service found 2,000 more ballots in Pennsylvania, in the Philadelphia area, 1,000 in the Philadelphia area, and 300 in Pittsburgh. I mean, so they're finding ballots that some of that's legit, some of that is not legit, but that all goes to that outcome determinative. And then we look at these other states as well.

You have to deal with reality. What is going to be the reality when we get the final vote total in Arizona, in Georgia, and Nevada? I think that's very important. I think North Carolina will hold, but what about Arizona, Georgia, and Nevada? Because you've got to have two of those for Pennsylvania to still matter. As I said, I'm reviewing a brief right now that we're looking at filing in response to the Commonwealth of Pennsylvania's objection to our motion to intervene, not unanticipated, so I'm editing that as we speak. And then when we get back from the break, I want to get into what this all actually looks like. There's questions coming in about military ballots.

We'll talk about all of that. Can I encourage people right now to support the work of the American Center for Law and Justice? You've seen how many people are watching this broadcast over the last week.

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Only when a society can agree that the most vulnerable and voiceless deserve to be protected is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

It's called Mission Life. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases, how we're fighting for the rights of pro-life activists, the ramifications of Roe v. Wade 40 years later, Planned Parenthood's role in the abortion industry, and what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life. Request your free copy of Mission Life today online at ACLJ.org slash gift. At the American Center for Law and Justice, we're engaged in critical issues at home and abroad, whether it's defending religious freedom, protecting those who are persecuted for their faith. I'm covering corruption in the Washington bureaucracy and fighting to protect life in the courts and in Congress. The ACLJ would not be able to do any of this without your support.

For that, we are grateful. Now there's an opportunity for you to help in a unique way. For a limited time, you can participate in the ACLJ's matching challenge. For every dollar you donate, it will be matched. A $10 gift becomes $20.

A $50 gift becomes $100. This is a critical time for the ACLJ. The work we do simply would not occur without your generous support. Take part in our matching challenge today. You can make a difference in the work we do, protecting the constitutional and religious freedoms that are most important to you and your family. Give a gift today online at ACLJ.org. Welcome back to JCEC here live. This is Jordan Secchia. We're going to start taking your phone calls now and start answering your questions at 1-800-684-3110.

There's a lot of information about Georgia and military votes. I want to go to Jerry's call in Rhode Island because we've gotten a little bit more information about that. Hey, Jerry, welcome to the broadcast.

Hello, Dave. We do have a good job as the ACLJ and the fiduciaries. Thank you for their work. How is it, and Mr. O'Connell might be able to help us with this, how is it three days after the polls closed, there's thousands of military assuming active duty, not counted? And on the outcome determinative question, what if some of those questions are active duty service, their votes are not going to count because they're not outcome determined on that election?

That's my two questions. Well, in Georgia, there are 8900 military and overseas ballots that have not yet been received. That does not mean they've been sent. That does not mean they will be received or that they were even sent by the individual.

The deadline to receive is today. So that's number one. Number two, the ones that have come in apparently have been counted. So, um, but this, there was all these rumors running on yesterday, about six or 8,000 military ballots, not, not counted yet.

Those, that was what was sent out that did not come back. So it doesn't mean that they will be impacting. I mean, I think the President to win Georgia needs to win Georgia, which means he needs to pick up 1500 right now, 1585 seats. Uh, maybe it's 3000 seats or 4000 seats, whatever it ends up being, uh, Chatham County's involved in this Jordan. That's not an easy county for him.

No, no, no, not at all. Heavily democratic Savannah. So, I mean, I think again, you, you look at military, you look at what ballots show up today.

We don't know. We know that there's about 8,000 outstanding or so, uh, that could come in today that have to be in today that about half those are military ballots. They might come in, they might not. So, uh, that could be very important. Obviously, even if half of those came in, it could swing where Georgia is right now, back into the Trump column, uh, because if they were military ballots, uh, particularly, or if, you know, but, but that is a big, if a big, if now Georgia is so close.

I don't, you can't ever put out right now that you're not going to be able to, you know, figure out how to find 1500 plus votes to take it back. It's what else is remaining. Uh, we know a recount is coming, um, in a, in a state like that where 98% reporting and the vote margins only 1500, that is where recount can matter. Okay.

That's it. That's a small enough number where a recount can matter and it could change the outcome. Uh, but again, again, you, you, you look at the map. All of this must include all of these paths include winning Pennsylvania and to stay on the legal challenge path in Pennsylvania. You've got to keep all of these uncalled basically where there is no chance, uh, that you can call the race, uh, at this point and that Pennsylvania ultimately, uh, you've got to get to a point, I think where the Supreme court sees it as the determinative state, uh, for who wins the election. Well, that was, that was the Bush versus Gore issue. It was one state and there was equal protection challenges range. And remember there was multiple aspects to Bush versus Gore.

You had the Miami Dade aspect of the county. That was one case. All of those kind of merge up as the cases go up. So what you would see in Pennsylvania, uh, there were some lawsuits filed yesterday.

Those were denied. Um, there, there was a possibility of a lawsuit today based on evidence that's being gathered. If that evidence proves to be correct, there may well be a lawsuit today or tomorrow, uh, that lays out, uh, equal protection issues that are relevant to this.

And then if Georgia holds that or is regained by the President, if Arizona goes to the President, then Pennsylvania is outcome determinative. Right. Right. I mean, but you think there's a lot there. I mean, so there's a lot to unpack and, and it can either happen. Um, this could at any moment rapidly unfold one way or the other. Uh, I still think that we're probably looking at, I look at the numbers and I, the reason why I say in Arizona, even with Biden with a 43,000 vote lead is that there's so there's hundreds of thousands of votes outstanding there.

And every time they come in, it's, uh, they are benefiting. Donald Trump is winning more of those votes than Biden. So the question is, do as they come in, do enough come in that benefit, uh, President, uh, Trump to overtake a 43,000 vote lead Nevada, same kind of thing with a 20,000 vote lead. And then again, you go back to holding North Carolina and Pennsylvania, uh, 1-800-684-3110. I want to take another one of your calls. Uh, let's go to, uh, Michelle in Florida. Uh, Michelle, which Florida did not end up becoming one that was even in question.

It was a clear Republican win for Donald Trump and other Republicans. Hey, Michelle, welcome to JCEC Hill Live. Hey, thank you guys.

You definitely are reducing some of my anxiety listening to you every day. Um, but I will say I'm in a bunch of different Facebook groups. Walkaway movement has over 500,000 people in there and everyone is clamoring in the various groups that I, that I'm in saying, what do we do? What do we do? How can we help you? We have 60, 70 million people that are like, what can we do to help? No, this is, this is a great question.

Thank you for calling Michelle. First of all, let me, let me tell you what we have to do, which means that then if you're part of the HCLJ, you know, we have to look at the evidence. We have to put together that evidence.

Jordan knows this. We were looking at briefs until, I don't know what time, finally you said I needed to go to sleep, whatever that was around one o'clock in the mornings. And, um, so we're looking at what the legal, you got to do this very clinically.

I want to say this. It's not that you're not keyed up and emotional and we got our job. It's like the surgeon about to do surgery.

You got to be clinical about this. So we're wide-eyed looking at the real issues, narrowing the scope of those issues so that we have a cognizable case that can then go to court. So it can't be, I heard from my cousin, a felt tip pen was used and they didn't count the felt tip pen. It has to be a real issue. And we're hearing that in Pennsylvania, that real evidence is being, at least that's what we're being told being put together. That would be a basis upon which the lawyers in Pennsylvania, not Jay and Jordan and Andy, the lawyers in Pennsylvania would bring an action in state court, challenging that, which would move rapidly to the other courts, the state supreme court, and then ultimately the supreme court of the United States. Ah, the Supreme court of the United States, then it's in our bailiwick. And what we have to do, and we're looking at all of this, of course, in the lower courts as well to make sure everything's being done properly. But what we have to do at that point is then say, okay, here's the case.

Here are the issues. I've talked to my colleagues, all of the Supreme court advocates. We've got a great team, a world-class team of lawyers, but you got to make sure it's outcome determinative and that all these other things come into place. And like Jordan said, if a state of Georgia falls away and there's not a chin up, there's a recount, okay, then we're still in the hunt. And then you still got a cognizable, recognizable outcome, determinative claim.

If Arizona comes in and the President takes it over, well, then you're even more in the thick of it because then, boy, Pennsylvania really, and Georgia for that matter, are really outcome determinative. Right. That's exactly right.

You've analyzed it correctly, Jay. It's the outcome determinative nature. The carry of you getting evidence, that's very important. You've got to go into court with evidence. You've got to have affidavits. You've got to have proof. You've got to have anything, a lot more than simply allegations of misconduct. Of course, judges are not going to be impressed or moved by simply contentions.

They want to see hard evidence of something fraudulent or wrong, contrary to law having happened. All right, folks, second half hour coming up, we'll be taking your phone calls, 1-800-684-3110. Just got word that Joe Biden will be, is expected to address the nation again tonight. He's been doing that pretty regularly, but will he try to make some claim to victory?

That's the question. He hasn't done that yet. He says he's on a path. It looks like he will win. He hasn't declared victory yet.

So people will wonder, will that happen tonight as he does it in the evening? So that's something new just breaking. 1-800-684-3110. Support the work of the ACLJ Matching Challenge, ACLJ.org.

At the American Center for Law and Justice, we're engaged in critical issues at home and abroad. For a limited time, you can participate in the ACLJ's Matching Challenge. For every dollar you donate, it will be matched. A $10 gift becomes $20.

A $50 gift becomes $100. You can make a difference in the work we do, protecting the constitutional and religious freedoms that are most important to you and your family. Give a gift today online at ACLJ.org. And now, your host, Jordan Sekulow. Alright, welcome to JCECio Live. Let me give everybody an update right now.

Share this broadcast with your friends and family. If you're watching on Facebook and Periscopes, they have the latest information as well from President Trump's attorneys. Because a lot of this is looking like legal challenges. It could be outcome determinative.

I say could be outcome determinative. So, in Pennsylvania right now, it happened late last night. Joe Biden took the lead by about 10,000 votes as of right now. A little under 10,000 votes. In North Carolina, President Trump still has a comfortable almost 80,000 vote lead. In Nevada, Biden with a 20,000 vote lead. In Georgia, Joe Biden has now taken the lead only with 1,584 votes, but with more outstanding there from places that may not favor President Trump as much. And there's also this mail-in issue there where there's about 8,000 overseas ballots that have not yet been received.

Some of those, about half at least, are military. They have to be received today to be counted in Georgia. And remember, people don't have to send back their ballots. So it's not like there's a guaranteed 8,000 ballots coming. That's kind of Georgia. And then Arizona, Joe Biden with his most sizable lead in any of the states that are really important for him to get to 270 is in Arizona with 43,000, but still a lot of votes out in Maricopa County.

So he plans to address the nation tonight. There's still a lot of voting going on. I mean, none of these states have gotten to the point where they've said they're at 100%. There's still a lot of counting going on.

Let me ask Than a question here. And Than, you know, you've got a contested election right now. That's what it has not been called yet. That's another thing. Will you talk briefly about where does the Senate look like it's going to be at the end of this and the House as far as how that's shaping up?

Yeah. So in the Senate, Jay, if people look at a map from the networks, they're probably seeing a 48 to 48 split. But in all likelihood, that's really a 50 Republican to 48 Democrat split because the race in Alaska is currently a 30-point edge for the Republican. And then the 50th race would be Thom Tillis's in North Carolina, which also looks like it's going to hold. The two outstanding races there, Jay, as we've talked about, are the two races in Georgia.

And this actually directly impacts what Jordan was just talking about, those overseas ballots. There actually don't need to be as many of them that would come in that could be outcome-determinative in the Presidential race for them to get counted because David Perdue needs just a very narrow, narrow edge among them to push him over the 50% threshold to avoid a runoff. If he could do that, Jay, that would be the 51st seat for Republicans in the United States Senate. If he can't do that, there are going to be two runoff races in the United States Senate in Georgia on January 5th that if Joe Biden is elected to the White House could control the balance of power in the United States Senate.

But that's a big if at this point. In the House, Jay, actually this is pretty big news that's kind of getting pushed aside. Republicans are going to gain probably somewhere between seven and ten seats in the United States House, including a whole slew of pro-life Republican women. So a very good night actually in the United States House for Republicans. Democrats are very likely to continue to maintain control. Republicans won't get all the way there, but it looks like somewhere seven, eight, nine, ten pickups.

If you got ten pickups, what would the differential be? Yeah, Democrats would be somewhere around 225 to 227, right in that range, and they need 218 for the majority. So, you know, 789 above what they need. I mean, 2018 comes around there and they could lose to control the House. And that happens often in Presidential elections. I mean, Harry, we've only got a minute here, but that's historically in the midterm the President tends to, if it is President Biden, we have no basis for that yet, but they tend to lose seats.

Absolutely. And if Biden gets inaugurated, his party is likely to lose seats in part because he will be pulled even further to the left. So the Republicans might stand a great chance of retaking the House of Representatives in 2022. Because you've got to look at this long-term ballgame.

We could do that after the break. I mean, I think we should look at that. Yeah, long-term is interesting here. I mean, especially when they did not make the House gains they wanted to in the Democrats, and they do not appear to look like they're going to be able to take back the Senate at all either. So it's been a bad move by them. So you've got Schumer and Pelosi taking a lot of blame right now. We know that's happening. Their party is very upset with them and their leadership.

Will it mean that they will go as leaders? That question still remains. We will take your calls 1-800-684-3110. Remember our matching challenge at ACLJ.org. At the American Center for Law and Justice, we're engaged in critical issues at home and abroad. Whether it's defending religious freedom, protecting those who are persecuted for their faith, uncovering corruption in the Washington bureaucracy, and fighting to protect life in the courts and in Congress, the ACLJ would not be able to do any of this without your support.

For that, we are grateful. Now there's an opportunity for you to help in a unique way. For a limited time, you can participate in the ACLJ's matching challenge. For every dollar you donate, it will be matched. A $10 gift becomes $20.

A $50 gift becomes $100. This is a critical time for the ACLJ. The work we do simply would not occur without your generous support.

Take part in our matching challenge today. You can make a difference in the work we do, protecting the constitutional and religious freedoms that are most important to you and your family. Give a gift today online at ACLJ.org. Only when a society can agree that the most vulnerable and voiceless deserve to be protected is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

It's called Mission Life. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases, how we're fighting for the rights of pro-life activists, the ramifications of Roe v. Wade 40 years later, the play on parenthood's role in the abortion industry, and what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life. Request your free copy of Mission Life today online at ACLJ.org slash gift. All right, welcome back to Jay Sekio Live.

Check this out. Washington Post reporter Erica Werner was talking about a conference call with House Democrats that they all had about the 2020 elections and why they didn't go anywhere near as well as they expected. And Virginia Congresswoman Abigail Spanberger, who is barely ahead in her race to be reelected in Virginia, is angry. She said on their Democrats caucus call, We lost races we shouldn't have lost. Defund police almost cost me my race because of an attack ad. Don't say socialism ever again. We need to get back to basics. And she was yelling during this. So they realize that, well, the White House, we don't know who will be the next President yet, that Democrats did not benefit even from where Joe Biden was benefiting by flipping states back to blue like Wisconsin and Michigan and winning Virginia big.

So I want to go around the table with Harry first. I mean, I think that says a lot that you've got Democrats that upset, even when it looks like they've got the – because even with the White House, they know now they're not likely going to be able to accomplish a lot of their goals so long as, one, it looks like the Republicans could flip it back in two years in the House and that Republicans are maintaining control of the Senate because of this anti-police action, defund the police, and of course this kind of talk of socialism, green new deals, fracking, banning fracking, banning oil, and of course hiking taxes didn't work at a local level. You are precisely correct. The Democrats were misled by their most vociferous members, and those were the radical left-wingers, the individuals that supported Medicare for All, the Green New Deal, the Black Lives Matter movement. They had sympathy for the rioters and Antifa. Those things do not play well in middle America where the districts are located. So, for instance, the Democrats could pile up, let's say, huge majorities in Manhattan, in Washington, D.C., and other large urban areas, but they could lose the districts where average middle-class Americans are located. Middle-class Americans don't support socialism. They don't support a tax increase.

They don't support the Green New Deal and other unintelligent ideas that are pushed by AOC and the Squad. And so I think that's why the Democrats suffered some setbacks in House races. Yeah, they still have not called, by the way, Spanberger's race. There's still 4% of the vote outstanding, and she's only up by 5,500 votes. Again, they could lose more seats, which is what is so interesting.

Again, I want to go to Than because, Than, looking at Congress, this was a huge failure. Put aside the Presidential race right now, they obviously were not in sync very well, and because of that, maybe they were just a little too much. They thought they just had it in the bag because of all the polls, which showed there were such big leads Presidentially that all would just be on Biden's coattails.

That wasn't the case. They lost seats in the House, and we thought President Trump could win, and they could retake the Senate, and it looks like that may be the opposite potentially. Yeah, focusing on the House, Jordan, I mean, these are heavy losses in the House. If you looked at most of the national pundits, they expected Democrats to pick up seats, some of them as many as 10 seats, and then in all actuality, it's going to be something more like Republicans picking up 10 seats.

So that's a swing from what was expected of about 20 seats. And let me just drill down on one thing in the House, Jordan, because if you remember, two years ago, Speaker Pelosi, even with that huge majority, had a difficulty holding on to the speakership. There was dissension in her ranks, and she had difficulty getting to the 218 number to hold on to that speakership. Jordan, if the numbers end up where it looks like they're going to, just 8 or 10 Democrats from either the AOC crowd or from the centrist crowd, either wing or some combination of the two, Jordan, could deny her the speaker's gavel. So these 10 losses, I mean, I do think Democrats are going to hang on to the House, but I think it's an open question, actually, Jordan, whether or not Speaker Pelosi is going to be able to retain that gavel. She had said that this would be her last cycle around.

Maybe she can cut some sort of deal on that. But look, I think if the numbers land where they're likely to, one of the stories we're going to be looking at next month is whether or not she can cobble together the votes inside her caucus to continue to be speaker. That's just how bad the night was for them. I think about that, Harry, that bad of a night that will Nancy Pelosi, even if Joe Biden is on a path right now to potentially being President, it could be Nancy Pelosi and Chuck Schumer who fall. Absolutely, and I think it's clear beyond question that Nancy Pelosi, her name, her background, and her policies are essentially a dead weight on the backs of many Democrats in outlying districts. Who could forget, for instance, Nancy Pelosi getting her hair done, and I don't know if that plays well in central Virginia or central Pennsylvania or central Michigan.

I doubt it, and so I think the Democrats have work to do, and I think Nancy Pelosi also was a victim of her own arrogance. All right, I'm going to take some of your phone calls, 1-800-684-3110. That's 1-800-684-3110. Back to the phones we go. Let's go to Justin in Virginia on Line 6. Justin, welcome to JCQO Live.

You're on the air. Hey, Jay, thank you so much for defending our President, and defending the United States of America. I want to say quick, what's allegedly going on with the mail-in ballots in some of these states I think is making a mockery of our democracy. I mean, what constitutes a valid ballot in these states is my question, because it seems like we have no concrete answer, and I think the refusal to allow election monitors to oversee the ballot counting process is alarming.

If a monitored recount is conducted, would that too overcome the deficit in the states where the President is supposedly down right now? I think on the first question, Debbie, every state has different standards. The Constitution... Which makes this more complicated when we get into having five states that could be determinative. Yeah, so, Harry, the Constitution invests in the state legislatures the determination on actually how the election itself takes place. If there's violation of federal law, of course, you know, for federal constitutional issues, equal protection, that's different, but the states have their own unique ways of handling it.

Absolutely, and the states have continued to change the rules essentially in midstream, but I think the caller's point should be well taken. The New York Post, for instance, wrote an article in August, well before this election, in which they interviewed an individual who had participated in active mail fraud. It's also important for everyone to remember that during the June primary in the state of New York, over 84,000 New Yorkers had their mail votes thrown out for incorrect filing. And so sometimes the rules are very, very arbitrary, and it is difficult for voters to fully understand those rules, plus you also have the potential for outright fraud.

Let me tell you this also, Jordan, and you know this, and I want to hear your comment on this, and I'll get Andy's too, so let me start with you. Look, the whole problem with this situation in some states was this universal mail-in ballot for the state, without request, without verification, without check. So when the President says, you know, this was rigged or this was election fraud, the states that allowed this set themselves up for allowing these things to take place.

Yes. So the President said, I don't like that. I want people to vote in person. That's the way it's supposed to be. And there's always been absentee balloting and military ballots coming in by mail, but this opening up universally. It did not work.

I was warning about this the whole time. You test this in midterm elections and off-year elections in states that have done it so that, you know, in states that are used to it, by the way, like in Oregon, there was no issues. Now, it wasn't a battleground state, but they're used to doing it there. They've been testing it for a number of election cycles. The problem is when you get into states that already could barely count ballots on election day in absentee ballots like Pennsylvania, like metro Atlanta, and they always have issues, adding this to it in a pretty unreliable U.S.

Postal Service, regardless of what you want to talk about the funding, it's like how much more money you want to throw at the Postal Service. You knew it was going to be a disaster. It has been a disaster.

It has been a disaster of tremendous proportions, and it may cost one of the candidates the White House just because of the manner in which these states were so unprepared that we are literally on Friday and they cannot finish counting votes in major cities that have giant staff. Or how about when the campaign's off? Yes, it's disgusting. It's ridiculous. But when you look at the leaders, and you hear from the leaders, you know what side they're on.

Yes. They make no mistake about it. In a sense, they outfoxed the Republicans. They outfoxed by taking COVID. They outfoxed the Republican vote by mailing a ballot to everybody and then getting their turn-up higher because people didn't have to do anything but fill out a mail-in ballot.

In many of these blue states, they would go back and tell them how to correct it. Yeah, they call it curing. Curing, yeah. Can I do say this, though? We're looking at all this.

Obviously, you can tell in depth. For the ACLJ, for the Americans, for putting our hats aside for the President, for the American Center for Law and Justice, the constitutional issues here and the ramifications of this may well be very, very significant. We're in a matching challenge campaign. The Constitution's under attack. We need to hear from you. Your support of the ACLJ makes a huge difference. By the way, it's not just under attack in elections.

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Give a gift today online at ACLJ.org. Hey, welcome back. I do want to say something, because if you were watching on Facebook and Periscope, you saw in that break our client pastor, Andrew Brunson. I want to say this, regardless of how this ends up falling out in the end here. But this President, when it came to these hostages, was incredible.

Has been incredible. The previous administration, we'd have to beg to get attention. And Jordan, you were doing a lot of that with C.C. Heil.

You had to beg to get attention. With this administration, the President felt like it was his obligation as the President of the United States to get his citizens home. Yeah, absolutely right.

Absolutely right. And he did. And he followed through with that by even putting sanctions on Turkish executive cabinet members and then saying if he wasn't home by the next day, it would be on the entire economy. And so this President, again, three Supreme Court justices, three solid conservatives, including one very recently.

There's a lot to be proud of. I mean, he got more done in these first four years, even under attack by the Russia hoax, by Mueller, by impeachment. And again, the just nonstop attack by the media and Democrats to undermine his presidency. It will have long lasting effects. And if the Senate remains in Republican hands, the tax cuts that he made are not going anywhere.

And that will be good for the economy. And so, I mean, you do have to start looking at that, too, because why are we still fighting? Why are you all still fighting and engaged?

That's why. Because, you know, it's worth doing everything possible if there could be a way to get to another four years of this President being in charge. It's worth fighting for until the last fight you can make.

Yeah. Credible legal arguments have to be made. And our job here, Andy, in looking at this, is to see the credible legal challenges and advise on those.

That's exactly what we're doing as well. We're not looking to make arguments that do not bear credibility and do not have a foundation in the law. They've got to be based on sound legal principles, sound evidentiary principles. They have to be based on the Constitution and the statutes. If we're going to go to court, we've got to do it in the proper way that we have always litigated cases at the ACLJ. And that is respect for the statutes, the Constitution, the originalist and textualist meaning. You don't go in half-cocked and try to do things in a way that's not appropriate. You do it based upon what the Constitution mandates, and you do it based on a sound legal strategy. All right. Let's get to the phones.

1-800-6431-10. You've got the mayor of Philadelphia saying that the President needs to put his big boy pants on and acknowledge the fact that he's lost while they're still counting votes in Philadelphia. That's why you take real credible statements and not use that in court. Right, exactly. So, I mean, this is, again, I'm just watching the breaking news. Pelosi coming under a lot of attack right now. Is that because she did so poorly in the reelection? They lost seats. When it looks like the White House may flip, and especially in blue states that they should have won more seats, they lost seats in the House. And in the Senate, they were expected to pick it up. Even if Donald Trump won, there was a thought that they could still pick up the Senate. And now, with the race so tight, and with Joe Biden flipping a lot of those formerly blue states back to blue, they're still going to probably not get the Senate control. Yeah.

Glenn? Jordan's exactly correct. In the House of Representatives, Democrats were expected to run ahead of Vice President Biden, and they ran dramatically behind him. I mean, I think, honestly, Jay, I think you could ask just about any national pundit, and if you would have told them the Republicans were going to pick up 10 seats in the House, I think they would have told you that Speaker Pelosi would not be the speaker for the next term. Now, I'm not predicting that now, but make no mistake about it.

It was a very, very bad night for Speaker Pelosi. Yeah. Yep.

All right. Go to the call. 1-800-684-3110. Let's go to Dennis, but hold on in Oregon, and then we'll go to Kerry next after that. Hey, Dennis. Yeah. Hey, guys.

Thanks for taking my call. Hey, I've got a question. I understand that Wisconsin might still be under a recount, and I'm not sure about that, but on the other states that are, I mean, if Wisconsin truly is, and it would happen to go to Trump, how does that throw the electoral votes? Well, the electors would – I mean, right now, Wisconsin is ahead by – Biden's ahead by 20,000 votes. Have they definitely confirmed that there will be a recount? Yeah.

They can request what it looks like. Yeah. It looks like either campaign. So on a situation like that, of course, if it flips, the electors go to President Trump?

Yes. I mean, it's a recount. That's a lot of votes to move. There's always a shift in votes, but it's not usually – that would be a big one, and I'm not saying it's impossible.

Nothing is. That's why they put it at that margin. They put those percentages in for a reason.

But if you're having to recount a state like Georgia, let's say, and you got a 2,000-point lead by somebody, that's much more likely to see maybe a flip than a state where you've got, you know, 20,000-plus-point lead, a vote lead. Yeah. Let's go back to the folks. Carrie in Missouri has been holding on. Hey, Carrie, welcome to JCQO Live. Hi.

Thank you for all that you do. So I have a question. So what happens about, like, the 100,000 votes that appeared in multiple states overnight that first night when we all went to bed? Are they separated out?

Are they mixed with the rest? And how do we know? So all of those are being – all of those, Carrie, are being – they are looked at. There's a lot of speculation on that.

But, Harry, you're a Michigan guy. And there are representatives of each campaign in these rooms where these are counted. So if there was a credible report – and I'm not saying there's not – of 100,000 votes mysteriously appearing, that would be significant. But, again, you would go to court to enforce that if you have to.

Absolutely. And the city of Detroit has always had, let's say, a difficult reputation with respect to its capacity to count votes accurately. And so based on this historical record, I think there are suspicions about Michigan.

And those suspicions are justified, but the question becomes, can you come up with a sufficient amount of adducible facts to challenge the result in court? Look, is anybody here surprised that Pennsylvania is in the middle of this because of a mess in Philadelphia and other places in Pennsylvania? You've campaigned in Pennsylvania.

You've run operations again. Absolutely not. This is classic Pennsylvania when you've got a close race, I mean, a 12,000-vote margin. This is Pennsylvania, Philadelphia specifically, not capable of carrying out a fair election, honestly, in my opinion, when it's this close.

So when it's down to them, they're just not capable. Joe Biden is – we're on the air. It's only up by 12,400 votes. Right. And we're relying on an incompetent local government to decide what will be the pivotal state.

Very possibly. It has to be one of the pivotal states. And again, you're putting your faith in Democrat operatives who are elected officials, who know how to steal elections and have been doing it for a long time. And so the only way to win there, I think, where it's outright and you don't have to go to court is how President Trump did it last time, which was so big they could not – it would have caught them off guard. Remember they said we're not going to get caught off guard again this time. They know how to make sure there's enough ballots in, harvested, whatever you want to call it. Some of that may have been, I think, illegal.

Some of it may have just been they're not going to get caught off guard again and they got a gift with these mail-in ballot things. Yeah, I do think that – I think, listen, the problem – Well, we got – you know, I think this is going to continue through the weekend. Yeah, you don't think they're calling it today.

I don't think so because of the numbers and, again, what's outstanding still in the other states. All right. So that's going to do it for the broadcast today. Everybody, have a good weekend. We'll get information out by, you know, our social media pages as facts warrant and we'll keep you posted. If something does break, significantly, we can always come to you alive also if need be. Have a good weekend. Don't forget support the work of the ACLJ at ACLJ.org. You can make a difference in the work we do, protecting the constitutional and religious freedoms that are most important to you and your family. Give a gift today online at ACLJ.org.