This is a rush transcript from “Hannity” November 9, 2020. This copy may not be in its final form and may be updated.
SEAN HANNITY, FOX NEWS HOST: Welcome to HANNITY.
We begin tonight with a major FOX News alert.
Attorney General Barr has now authorized the Department of Justice to probe substantial allegations of voting irregularities in multiple states. We'll have full coverage throughout the hour on this major development. Senator Cruz, Senator Graham, Ken Starr will all be here. Newt Gingrich with reaction.
But tonight, the mob that you know is, what do I say, the 99 percent media mob, the Washington swamp, Joe Biden, all desperate — they want to just call it a day and stop you from asking legitimate, tough questions about the election, about the process, about your vote even as a razor-thin margins still separate the candidates in key important battleground states.
And, oh, and people are actually saying things that say impropriety they witnessed and were part of, and people — they watched it with their own eyes. Should they not be listened to?
The president and his campaign — they are vowing to ensure every legal vote is counted and ensuring that we have free and fair elections, ensuring that all the laws of every state were followed. That is the basis of this great democratic republic.
Democrats, their sycophants, the extension of their press room, the media mob, they just want to try and block any and all audit of what are now growing examples and, frankly, affidavits of ballot irregularities and outright illegality.
Now, because, coming up, we have even more evidence of suspicious ballot counting, whistle-blower accounts of what has happened behind the scenes, Republican observers being blocked for monitoring vote counting which by the way we will show you is a violation of state election laws.
Here's a small preview of the guest you're going to hear from tonight. We got busy night tonight.
(BEGIN VIDEO CLIP)
SEN. TED CRUZ (R-TX): I believe President Trump still has a path to victory and that path is to count every single legal vote that was cast.
SEN. LINDSEY GRAHAM (R-SC): If Republicans don't challenge and change the U.S. election system, they will never be another Republican president elected again.
KEN STARR, INDEPENDENT COUNSEL IN CLINTON IMPEACHMENT: What happened in Pennsylvania over these recent weeks is a constitutional travesty.
(END VIDEO CLIP)
HANNITY: All right. Frankly, it is sad that some states can run the most efficient, effective elections and run it perfectly that everybody has faith, trust, and confidence in what the outcome is whatever it is. Others, a complete and utter mess, utter chaos.
We, you the American people deserve better. It is a national disgrace how some states have handled this election, but I want to start with this tonight and I want to start by saying this because this is important. The double standard that we're watching with the mob and the media is beyond disgusting, repulsive, sickening, and sad, and let me tell you why. That's the same mob and the media that spewed never-ending, nonstop psychotic rage and hatred for four years and lied to all of you about so-called Trump- Russia collusion.
What were they arguing for for three years, four investigations prove didn't happen? That Trump and his campaign had colluded with Russia to influence and steal the election from Hillary Clinton. That was their argument and it dragged the country through hell and never had a bit of evidence for three long years, four separate investigations proved otherwise.
Ironically, the only Russian interference we did find in 2016 was Hillary Clinton's dirty bought and paid for Russian disinformation dossier, and the media mob and the Democrats harass this president, harassed his supporters for four straight years with lies and conspiracy theories always question the legitimacy of this presidency and now making empty calls for civility and unity, pretending like none of that ever happening. They never accepted the election results in 2016, but in seconds, Joe Biden won, let's tell the world. What a bunch of hypocrites.
This is why the mob is so corrupt as an institution, and we will do what we always do. We are going to tell you the truth and get to the bottom of it.
Take a look.
(BEGIN VIDEO CLIP)
JOE BIDEN (D), PRESIDENTIAL NOMINEE: Now, let's give each other a chance.
It's time to put away the harsh rhetoric.
UNIDENTIFIED FEMALE: The president-elect who is committed in word and deed to uniting this country. That becomes the new American political story.
UNIDENTIFIED MALE: This covenant (ph) was an appeal to the people to bring this country back together. We need unity in this country.
UNIDENTIFIED MALE: President-elect Joe Biden using this, his first speech since his victory to try to unify the country.
UNIDENTIFIED MALE: He said, the American people, they want us to cooperate and, Dana, that's going to be a tall order in the Washington, D.C. We'll see if anybody on the other side of the aisle is willing to try to cooperate.
(END VIDEO CLIP)
HANNITY: You, the American people endure this entire B.S. conspiracy theory campaign against the president for four straight years while they ignored any story that was bad for Biden and Hillary Clinton. They ignored all of it. They outright supported censorship, the legitimate Biden family corruption scandal, big tech interpreting to Joe Biden's campaign, they wouldn't even let you read the story and decide for yourself.
They let Joe Biden hide out in his basement bunker without having to answer really a single tough question. Biden was in the media mob, big tech candidate protection program the entire campaign.
And they all know what happened with Ukraine. They know Joe bragged. They know he got the prosecutor fired, he leverage the billion dollars and Hunter made millions.
They know about China. They know about the wire transfer with Russia and the Russian oligarch, the mayor of — Moscow's first lady. They didn't care, and these are the same people that want to lecture us on political discourse and civility and demands for a free and fair election.
And, now all of a sudden, we are supposed to submit to their power without being able to ask a legitimate question as people come forward and say, by the way, I wasn't allowed to follow the law and observe the vote counting and how this election was conducted, or just supposed to forget their vicious, vile attacks over the past four years. Well, excuse me, I'm sorry, that's not how this is going to work, at least not in this program during this hour and other hours of friends of ours here.
I won't and cannot — we cannot be intimidated into silence. We're not going to be lectured by the same media frauds and Democrats, you know, the ones that called us chumps, irredeemable, deplorable, sexist, racist, Islamophobe, homophobes, smelly Walmart shoppers, yeah, we cling to our God, our guns, our constitution, our religion, and bibles — while they have been fueling a blind rage every second, every hour, of every day.
By the way, in case you forgot, I doubt you did, take a look.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Is this president trying to impersonate Hugo Chavez, Recep Tayyip Erdogan, Vladimir Putin?
UNIDENTIFIED MALE: He said today America first. It was not just of racial
— I should racial Hitlerian background to it.
UNIDENTIFIED MALE: He is not of sound mind. He would — that is somebody that clinically you look at and say there is something wrong there.
UNIDENTIFIED FEMALE: Trump needs to be medicated and hospitalized.
UNIDENTIFIED MALE: Donald Trump again being a schmuck.
UNIDENTIFIED MALE: We can truly say his words have absolutely emboldened white supremacists.
UNIDENTIFIED MALE: He has given oxygen to racists. He is clearly trying to ignite a civil war in this country.
UNIDENTIFIED MALE: Is the president racist?
SEN. ELIZABETH WARREN (D-MA): Look at his remarks, he's made racist remarks.
UNIDENTIFIED MALE: We have a treasonous president.
UNIDENTIFIED MALE: The very fact that reasonable people can disagree on whether or not we are talking about treason or high crimes and misdemeanors or what-have-you I find genuinely shocking.
UNIDENTIFIED MALE: Trump is acting like a third world dictator.
UNIDENTIFIED FEMALE: Profane, angry, rambling response
UNIDENTIFIED FEMALE: It was full of revenge, it was mean-spirited, it was poisonous.
UNIDENTIFIED MALE: His mind is dark. This is somebody in deep psychological distress right now.
(END VIDEO CLIP)
HANNITY: Were their minds dark pushing their conspiracy theories that were proved to be false for three years on Russia and in a year on Ukraine?
Boycott, resist, impeach, attack? I dream an awful lot about blowing up the White House, Madonna said. When's the last time an actor assassinated a president, Johnny Depp said.
You want me to keep going? The severed head, remember that moment, another great moment. Was there that outrage and indignation?
What about all the lies that they told for four years that never accepted the legitimacy of Donald Trump's election?
That's what we've all heard since the day Donald Trump and Melania Trump came down the escalator at Trump Tower. But now, when people come out and they're telling stories that they weren't allowed to do their job, which is allowed by law to watch the vote counting, we are not supposed to let them talk. We are supposed to ignore legal poll watchers telling us they were denied any real opportunity to observe the counting.
Remember, it wasn't just about the president. There are over 70 million of us, more than ever in the history of the Republican Party that voted for the president in this election. They hate us. They're very clear about that for four years. They never tried to hide it.
And I'll be very frank with all of you, I'm not exactly fond of them either. Now even amid their ridiculous calls for, quote, unity when they were anything but united for four years, now the left is continuing to spew more hate, more rage, anti-Trump psychosis as you just heard.
Michelle Obama, she's jumping in. Let's remember tens of millions of people voted for the status quo even when it meant supporting the lies, hate, chaos, and division.
Oh, I guess so much for when they go low, we go high, we're going to follow the Eric Holder model, we kick `em.
And fake Jake Tapper over fake news CNN echoing the same sentiment, setting what appeared to be a veiled threat, I guess, against Trump supporters.
Quote: At a certain point, well, one has to think about not only about what's best for the nation. Did CNN do that when they were lying about Trump and Russia conspiracies? I don't know. The peaceful transfer of power but how any future employers might see your character defined during adversity.
We watched your character for four years, wasn't that impressive to me.
Future employers, what does that mean?
Now, he want to build a CNN enemies list, is that what he's talking about?
Did you or did you not ever tweet out support that you like Donald Trump?
Is that the message?
So, tonight, it is perfectly clear America's most powerful institutions will do anything and everything they can do to destroy the president and his supporters. They don't care about our votes. They haven't cared about four years of this, and ask yourself this, do you believe for even a second that the mob and the media didn't notice how frail, how weak, how often confused and cognitively, well, challenged Joe Biden is?
How about that? Do you think they didn't notice? Because many of them quietly even confided in me, yeah, he's a mess. That's called a media mob candidate protection program.
And they're also the very same people telling you that you can trust them and want you to believe that the bizarre counting process that we're seeking, which is legal, taking place in a close election and totally normal, but you know better, and, frankly, I'm sick of all these people.
The fact is that we, the American people, should welcome a review of our election process. We should take anybody coming forward, any whistle-blower seriously. We should welcome the rule of law because we owe it to the country to ensure that every legal vote is counted, illegal votes not counted, that election laws are followed, that the Constitution we must remind people allows it, the rule of law demands it, and we having gone through this process, it's a little time-consuming and difficult and challenging, we will be a stronger, better country having done this.
In other words, let's let the people tell their stories. Let's let the American people decide if we believe them or not. Let's look at, for example, what the law says and let the courts do their constitutional job to adjudicate.
But, unfortunately, the evidence is growing that election laws were not followed. For example, whistle-blowers, not hearsay whistleblowers, but real whistleblowers are coming forward across now multiple states detailing that they were denied meaningful access to do their job, their legal right to monitor the ballot counting.
Here's a small sample, you decide.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: An official came out who's of kind of asked us to a sign documents and a few moments later, we were asked to leave. Well, I find it ironic we're asked to leave within 10 to 12 minutes when they still have an hour and a half kind of left to do.
UNIDENTIFIED MALE: We're further away than I from you all here, hundreds –
– at least 100 feet away from open ballots that go back and out of our site, we can see them, we don't know what's happening to them. It's just — there is no way for us to meaningfully observe the process.
PAM BONDI, FORMER FLORIDA ATTORNEY GENERAL: They have refused to let us have meaningful — a meaningful view of the vote count, they have continued to count the votes because — because they have done nothing to help us, they are letting every legal vote count.
(END VIDEO CLIP)
HANNITY: All right. Let's look at the law, OK? Pennsylvania, partisan observers may observe polling locations and may still until the time counting of votes is complete, that means every vote.
Out in Erie, Pennsylvania, a mail carrier has now in a sworn affidavit that would make them a real whistle-blower that he was ordered by supervisors to collect and submit late ballots, another violation of election law.
Also, a Supreme Court case, oh, is actually pending over the extension of the mailing deadline, something that Ken Starr who will join us later called a constitutional travesty with Mark Levin yesterday. He will be here.
Now, in reaction to all of this, President Trump tweeted, quote:
Pennsylvania prevented us from watching much of the ballot count.
Unthinkable, and he's right, illegal if it turns out to be true, and people are saying, I wasn't allowed.
In Nevada, a sworn affidavit from a whistle-blower, again, a real one, in Clark County, says mail-in ballots were filled out on the side of the Biden-Harris van. Nevada GOP has said thousands of criminal referrals over alleged illegal voting.
And in the state of Michigan, Republicans are moving in to investigate software glitch called Dominion that actually changed thousands of votes from Trump to Biden. They caught it. Now, the same software also, quote, glitched in Georgia and was used in as many as 28 states, according to John Solomon. We need real answers.
Why should we as a country be okay when that happened and shouldn't we investigated that every American has confidence in the outcome? Why shouldn't we want every legal avenue pursuit to get to the bottom?
It's not the first time, by the way, we've had a postelection litigation.
Let's move on. In the year 2000, Al Gore challenged the results for 37 days, didn't concede until December. Many Democrats, same media mob, were totally on board. Take a look.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: We want to make sure all those votes are counted because at the end of the day, we know when they were all counted, Al Gore will be president of the United States of America.
AL GORE, FORMER U.S. VICE PRESIDENT: We have had a single fundamental goal to ensure a complete count of all of the votes cast in Florida.
What is at stake is more important than who wins the presidency. What is at stake is the integrity of our democracy.
UNIDENTIFIED MALE: All we are asking for is that the rule of law be respected and upheld and that all the votes be counted in a way that is consistent with Florida law.
GEORGE STEPHANOPOULOS, FORMER CLINTON WHITE HOUSE AIDE: There is h question, very little question that Al Gore won the votes cast in the state of Florida. The question is, will he win the votes counted?
(END VIDEO CLIP)
HANNITY: Oh, that's George Stephanopoulos, the news guy, fake news ABC.
Here with a reaction, author of "One Vote Away", Texas Senator Ted Cruz.
Senator, you have been — your constitutional analysis has been amazing. I want you to just take your time and lay out what is at issue here.
CRUZ: Well, look, the fundamental question is, are we going to follow the law? You noticed the news media on election day when you and I probably went to bed on election day seeing the same results, we saw that President Trump had won Florida, we won Ohio, we were leading in North Carolina, in Michigan and Pennsylvania, in Wisconsin, it looked like a very good night.
And all the news media was saying at the time, well, hold on, hold on, we don't know who won, we don't know who won. And then as the numbers shifted to Joe Biden, suddenly, the instant they shifted to Joe Biden, the entire news media said, okay, now, it's over, everybody shut up and go home.
Well, that's not the way the system works. The way it works is you follow the law, there are multiple lawsuits pending in multiple states. Those lawsuits have to be resolved and there are serious allegations of violations of law, the right standard is that every single legal vote that was cast should be counted but any votes that were illegally cast shouldn't be counted.
And there's a way we resolve this. You know, one of the frustrating things as a citizen, you see all these tweets going back and forth, you see allegations of this happened, that happened, it's hard to know. It's hard for anyone to know, all right, is this true, what's true?
I — the only way to know is we had a legal process, we have state courts, we have federal courts that can hear legal claims. And right now, it is incumbent on the Trump campaign's lawyers to go in and prove their case in court, to lay out evidence, to lay out evidence of illegally cast votes, to lay out evidence of what was done right and what was done wrong and when the process is over, we're going to know the result.
But we need to let the process play out and much of the mainstream media doesn't want to let us do that.
HANNITY: When Pennsylvania and Michigan and Wisconsin law like in the case of Pennsylvania, partisan observers may observe a polling location until that time the counting of votes is complete, they could be present or an absentee, mail-in ballot.
OK. We now have real whistle-blowers saying that didn't happen. What is the remedy of that?
CRUZ: You know, that is a challenging legal question and it depends upon the votes that are at issue and the remedy there is one the courts are going to have to wrestle with because there is not a clear answer under the law. But we do know particularly in bright blue Democratic jurisdictions, jurisdictions like Philadelphia and Pennsylvania, jurisdictions like Detroit and Michigan is that they deliberately frustrated the Republican observers from being there.
In Philadelphia, they kept them 20 feet apart or 25 feet apart. Now, I don't if you've ever tried to look at the little bitty ballot from 25 feet apart, but you can't see the thing, and you're not an observer if you're 25 feet apart.
And eventually, the Trump campaign won a victory in Pennsylvania state court to say they could be within six feet. Even six feet is pretty hard to see a ballot and make sure there's not cheating going on. We know that in Detroit, they put poster boards up to cover the ballot counting rooms. The important thing to understand –
HANNITY: That's illegal because Michigan law specifically says that –
HANNITY: – elections are an open process that may be observed by any interested party.
Those are the exact words.
CRUZ: Well, that's absolutely right, Sean. And the important thing to understand as these aren't just procedural niceties. The reason you have observers is to prevent fraud, to prevent ballot theft. And when you throw out one party or the other, it raises an inference that bad conduct is ongoing.
Now, the fact that you or I might say that, or someone might tweet that, that's not conclusive evidence. That needs to be determined in a court of law.
HANNITY: What if it's determine though –
CRUZ: I find it amazing that reporters are running around screaming, no, no, we can't resolve any of these legal matters. Anyone saying, let the litigation conclude and actually determine if it's consistent with law is somehow undermining our democracy, that's just ridiculous.
HANNITY: Yeah. And if they determine that they weren't allowed to observe, can you trust the result?
CRUZ: Well, you have to ascertain what were the ballots that were being counted there? Is there a possible way to segregate them?
One possible remedy to count them again, engage in a manual inspection with observers from both sides. It's got to be — recount litigation, you know, you mentioned Bush versus Gore and my book "One Vote Away", I talked about that Bush versus Gore case, I was a young lawyer, part of the team there.
HANNITY: All right.
CRUZ: Recount litigation is very specific. It is county by county. It is vote by vote.
HANNITY: Senator –
CRUZ: And it is demonstrating the facts. That's what we need and we need to follow the law and follow the Constitution here.
HANNITY: Senator Cruz, you've been amazing.
Ken Starr next, straight ahead.
HANNITY: One thing I want to point out is the web site Real Clear Politics, they have not yet declared a winner of the 2020 race. They have not yet called Arizona, Pennsylvania for Biden. As a matter of fact, many people have not called Arizona. Those that called early made a huge mistake.
The current map has the tally at 259 electoral votes for Biden, 214 for Trump. We'll continue to monitor.
And, breaking today, Senate Judiciary Committee Chairman Lindsey Graham received a sworn affidavit from the Trump campaign in which a postal worker in Pennsylvania alleges that his superiors created and supervisors created a plan to backdate ballots mailed after Election Day.
And meanwhile, yesterday, Senator Graham joined our very own Maria Bartiromo on "Sunday Morning Futures", urging Republicans to keep fighting and joins us with more.
You said it's critical and you said that if we don't fight based on whistle-blowers — by the way, Lindsey, I thought whistle-blowers matter.
Was I wrong? Even hearsay whistle-blowers were so important, that non- whistleblower, hearsay whistleblowers.
My question is, when people say that — and we'll sign an affidavit under the threat of perjury that they weren't allowed as called for by law to monitor vote counting and as I just mentioned — this is critical. These are real people that I don't think would perjure themselves, do you?
GRAHAM: Well, no. But here's the deal — the law is the means to an end.
If it doesn't get you to where you want to go, you just ignore it. It's called the Carter Page warrant application.
How many times do we have to see when it comes to liberals and the Democratic machine, they want an outcome, the law be damned?
So this man in Pennsylvania gave an affidavit to the Trump campaign. I've sent it to the FBI, the postal inspector. They're looking at it now.
I've got more information. We're now finding potentially that 25,000 nursing home residents in different nursing homes requested mail-in ballots at the exact same time.
You can't ballot harvest in Pennsylvania. What are the odds that 25,000 people in different locations of the same age group requested at the same time a ballot? Somebody is up to no good in these nursing homes.
We don't need their permission to look into these allegations. We owe it to those who voted for President Trump and the country at large to test the system. We don't do a voting by mail in 2020, we'll never win the White House again.
The biggest issue, the biggest difference between 2016 and 2020 is the mass use of voting by mail. It is the Wild, Wild West at post offices and there were no rules, and if we don't come up with some rules pretty soon, we're going to get killed in perpetuity and presidential campaigns.
And I worry about Georgia. I worry about the Senate races in Georgia. Why don't we want to run down every lead and count every vote? We've got two elections in Georgia that will decide the fate of the nation.
Perdue and Loeffler are on the ballot. If they win, we have control of the Senate. We can have hearings about all this.
If we're not in power in the Senate, there was no venue for us to have all this explored.
HANNITY: And, by the way, you already took from your campaign half a million dollars and donated to the president's –
HANNITY: – campaign here to get to the bottom of it.
GRAHAM: The Republicans, if we don't fight back now, do you realize what they're doing? Media polling is a joke. Seventeen-point deficit in Wisconsin, my opponent was tied with me, I won by ten points.
He raised $2 million. He takes a bogus poll and sends it out to supporters.
They get all jacked up.
They sent in money. Republicans get depressed. This is a racket.
Social media sensors conservatives when we want to talk to each other, get our point of view out.
The state of play in America in 2024 Republicans is not good. We need to fight back.
We win because of our ideas. We lose elections because they cheat us.
HANNITY: Senator, this never happened before. You know, it was interesting that the mob and the media, they love to quote the great Anthony Fauci, except when he said, no, no, it's safe to vote in person, socially distant, wear your mask and, you know, we are all mask nuts, including me, and I recommended it a long time ago.
But — so now the question is –
HANNITY: – when you get testimony from people and you find out they are not allowed even though the law calls for them to observe the counting of the ballots, but they are 100 feet away or 20 feet away or even 6 feet away, they could have easily designed a system where they said, OK, here's gloves and a mask and you can take a look at the — you know, make sure the signature matches and whatever the processes, they didn't do it and it seems system-wide.
What is the remedy?
GRAHAM: Well, to me, if you have a law to make sure that election counting is observed by both parties and you can't do it, the remedy is to take those ballots off the table that we're not allowed to be observed. If you have a signature requirement and it wasn't followed, the remedy is to make sure those ballots collected are not counted.
It's pretty obvious. If the legislative body passes a law, are we going to allow a handful of people at the polling site to undo it? Does the law really matter if a handful of individuals on their own can take it into their own hands?
Is it okay for people at polling sites to rewrite the law so that Republicans can't watch? Is it okay to ignore the signature requirement which is there to protect the integrity of the ballot?
Democrats could give a damn about this. They don't care how Trump lost as long as he lost. They're not going to ask any questions in the media.
I've had a microphone in my face all day, when is Trump going to concede? I said, when are you going to ask question about the 2020 election? When are you going to take seriously the idea that every vote counts? You want an outcome.
You know, they can all go to hell as far as I'm concerned. I've had it with these people, let's fight back. Let's give President Trump all the due process the law allows him. Let's call out cheating when we find it. Let's count every vote.
Let's tell the social media companies quit censoring our content, and when the major networks do polling that's way off, we ought to call them into Congress and ask them how do you do it.
And Mitch McConnell and I need to come up with an oversight of mail-in balloting. If we don't do something about voting by mail, we're going to lose the ability to elect a Republican in this country.
HANNITY: Senator, wow, powerful, thank you.
By the way, also this weekend, former independent counsel Ken Starr raised additional concerns, constitutional concerns about the integrity of the election. He was on "Life, Liberty & Levin" Sunday night. I sat there and watch this whole conversation and he called the mail-in ballot extension in Pennsylvania a constitutional travesty. That caught my attention.
Here with more, former independent counsel and FOX News contributor Ken Starr.
I wish I had you for the hour like Levin did. I have to — the show has to move faster during the week.
Let's talk about what you — the constitutional side of this because this is very crucial where we are right now.
STARR: Very briefly, the Constitution is clear, Sean, as you well know that the legislature sets the rules and what happened in Pennsylvania was a flagrant violation of that fundamental, constitutional, clear as a bell requirement that the legislature sets the rules.
What Governor Wolf did, I called, and I will call it again, a constitutional travesty. What the Pennsylvania Supreme Court did, likewise, ditto.
More broadly, I'll just say this, Sean — history is a very wise guide.
It's a wise teacher, and what President Trump in the campaign are doing right now, as you were just discussing especially with Senator Cruz — Senator Cruz is involved in the Bush v. Gore process, this is America. We don't rush the election results because we want to do well.
We want to ensure what we're all talking about, integrity and honesty.
Integrity and honesty, and we do that through a process and through the rule of law. Let's follow the example of Bush v. Gore. Let's follow what Vice President Gore did.
HANNITY: Let's talk about the case pending before the Supreme Court because that's a very specific and narrow case. I believe there's going to be other cases brought before courts, that — you know, and they will be adjudicating maybe other cases before the Supreme Court.
How would you imagine that works on this case in Pennsylvania? Again, if we're going to maintain the rule of law, what the governor of Pennsylvania did, what if laws are broken and those that are written into the law that are allowed to observe the counting, when they're allowed to observe, and they'll testify to that, how do you remedy that?
Ken Starr, I don't know how.
STARR: Ultimately — and I think Senator Graham was onto something. You've got to make a hard decision. The ballot cannot lawfully be counted.
That's a tough remedy, but that is the remedy. If the ballot was illegal, and that's a fact question, if it was not properly authorized signature, it wasn't arriving at the correct time and the correct time in Pennsylvania was to close on Election Day, not three days later, that's what Governor Wolf did.
So, you have to make that careful assessment ballot by ballot and some ballots are going to be disqualified, and we'll see, of course, if that is, in fact, done whether that changes the outcome in Pennsylvania.
HANNITY: Will the court kick it back to the state legislature, or will they make that decision, in your view?
STARR: No, I think it's going to go through the court system and the court will then make a decision as to here is the appropriate remedy and we do have, by the way, a telegraph, a signal by Justice Alito who was the circuit justice for Pennsylvania, for the Third Circuit Court of Appeals.
And he's spoke in pretty strong language saying that what the governor did, what the state Supreme Court did was quite improper under America's Constitution.
HANNITY: Fascinating times. It's great to have great legal minds. I really enjoyed your appearance. Thank you, sir, and with Mark yesterday.
This weekend, Van Jones over at fake news CNN got very emotional. A little different from 2016, this is a white-lash — a little different this year.
Take a look.
(BEGIN VIDEO CLIP)
VAN JONES, CNN POLITICAL COMMENTATOR: It is easier to be a parent this morning. It's easier to be a dad. It's easier — it's easier to tell your kids character matters, it matters. Tell them the truth matters. Being a good person matters. And it's easier for a whole lot of people — vindication for a lot of people who have really suffered.
(END VIDEO CLIP)
HANNITY: The same guy that said in 2016 that Donald Trump's election was, quote, a white-lash against the country.
Here with reaction, author of "Trump and the American Future", former speaker of the House, FOX News contributor Newt Gingrich.
You know, let me go through this whole impeachment thing about Ukraine and ignore quid pro quo, leveraging a billion, zero experienced Hunter's prosecutor would be fired. They ignore that. They ignored Hillary's dossier.
But now we've got real whistle-blowers. How serious do you think the courts will take people that are signing affidavits under the threat of perjury of what laws were violated?
NEWT GINGRICH, FOX NEWS CONTRIBUTOR: Well, look, I think they'll take them very seriously because in some cases when you get into the city like Philadelphia or Pittsburgh or Detroit, this person could be risking their life. I mean, it is not a small thing to be a whistle-blower when you are around a machine, and these are machines.
It's a very tough, ruthless groups who were quite prepared to hurt your children, to hurt you. I've already encountered one person who was willing reluctantly to come out and give an affidavit but literally said he worries about his children, he's convinced it will destroy his business, and that the people we're talking about a very ruthless.
So I do think you are seeing a remarkable period here. There's more and more people are coming forth and, presently, it will become a flood. I mean, there's a magic moment in these kinds of investigations where, all of a sudden, enough different people are coming forward that they say, all right, I'm going to do it, it's the right thing to do, and I think a week from now, we will have amazingly more evidence of just how corrupt the system has become.
HANNITY: Is it — does it create, you know, there are those saying that even raising the question or listening to people which I find astounding considering three years, they rejected the legitimacy of the Trump presidency because they thought this mysterious Russia-term collusion elected Donald Trump and he stole the election, that's all we heard four investigations later, no evidence.
Isn't it good for the country ultimately to listen to the whistle-blowers?
Warmly told that on the whole Ukraine impeachment, except these are not hearsay whistle-blowers, real whistle-blowers?
GINGRICH: This goes to the heart of the American system, the Founding Fathers took very seriously that due process which starts with voting, goes to counting, then goes to recounting, then goes potentially to the court, then goes to the state legislature, and then only generate electors who then have to go to Congress. This is a very elaborate, deliberate process by people who knew a lot about power and who did not want exactly what the media tried to do the last four or five days, which is to have a mob effect with all sorts of rollover attending, you know, that there's been a coronation and Biden has been crowned which is just not true.
Not a single state has been certified, I think there will be lawsuits in six different states. I think this is clearly up in the air. But the important thing is for the average American should be simple. We have to have a process of honest elections or our power as individuals just doesn't matter.
And so, we are fighting not for Donald Trump, we are fighting for the very right of every American to expect that their elections will be honest, and that's how serious and how fundamental this is.
HANNITY: Article 2, Section 1, Clause 2 of the Constitution, each state appoint in such manner as the legislature there may direct electors, et cetera.
Let me ask you this. If the Supreme Court of America decides — their decision should be on the law and they decide the law was manufactured, say, in Pennsylvania by the governor with the extension, or that the law wasn't followed in a number of states because observers weren't able to observe, I think that's good for America to know. I just don't know what the remedy is.
GINGRICH: Well, we had a case in Philadelphia couple of years ago where a Democratic state senator was so corrupt in the election law that they actually replaced him with his Republican opponent, shifting the balance of power in the state senate. The judge said, I had no choice my you are clearly a crook and I'm not going to let you be in office.
HANNITY: Wow, powerful days ahead. Mr. Speaker, thank you.
When we come back, infighting among Democrats, it's getting pretty ugly.
Also, Congresswoman Alexandria Ocasio-Cortez, the real speaker of the House, threatening to keep a list of, quote, Trump sycophants. Pete Hegseth, Jason Chaffetz, I guess we are all smelly Walmart chumps — we'll continue, straight ahead.
HANNITY: After a shocking House losses on Tuesday, the infighting among the Democrats is out in the open. For example, the real speaker of the House, Congresswoman Alexandria Ocasio Cortez is blaming so-called moderates and her party.
But she is being reassured by the Biden people she's going to like Joe's agenda if he ever becomes president. Take a look.
(BEGIN VIDEO CLIP)
REP. ALEXANDRIA OCASIO-CORTEZ (D-NY): Pointing fingers and telling each other what to do, it deepens the division in the party and it's a responsible — it's a responsible to pour gasoline on these already very delicate tensions in the party.
(END VIDEO CLIP)
HANNITY: And the congresswoman was also targeting Republicans and promoting a list of Trump staffers so they can't, quote, deny their complicity in the future.
Here with reaction, FOX News contributor Jason Chaffetz, "FOX & Friends"
weekend co-host Pete Hegseth. Both friends of the program.
I don't know, it sounds to me, Congressman, like maybe we are on a list of undesirables or it may come back to bite us in future job interviews. And I won't be interviewing, but go ahead. Your thoughts?
JASON CHAFFETZ, FOX NEWS CONTRIBUTOR: I mean, pretty stunning, Sean, that they are literally making a list going after staffers so that they can't get jobs into the future. This is how these people think.
You know, you have Joe Biden is giving out a speech saying we've got to be united, lay down your arms and let's all be nice. At the same time, you have the people behind the scenes saying, we're going to make a list, we're going to make sure that you don't get a job.
But you know what? I don't believe Nancy Pelosi is coming back because the speaker of the House, I don't think she can form a coalition to get 218 votes on the floor. There was not a single Republican who ran for reelection on the Republican side of the aisle that lost and they lost seats. You got people like Burgess Owens on the verge of beating Ben McAdams in Utah.
HANNITY: That's huge.
CHAFFETZ: We got a lot more people coming and we had a record number of Republican women winning and that's what scares AOC, Nancy Pelosi, and the rest of them.
HANNITY: I think a lot of good points there about Congress increases, the Senate races, you know, 50-48, we have two important runoffs, Pete Hegseth.
But then you look at the African-American vote, Hispanic-American about, record number of votes for any Republican ever, the president, the suburban women vote that everyone said left Donald Trump.
How do you interpret these results and what does it mean?
PETE HEGSETH, "FOX & FRIENDS" WEEKEND CO-HOST: What it means is America has got a fighting chance, Sean.
First of all, thank you for your coverage tonight, for being honest about discount at the presidential level and I think the president for having courage despite on behalf of so many people and his legal team to say that legal votes need to count. That is precisely how so many people feel media companies do not decide elections, that people do and electors do. Let it happen. And yet again, he provides a service to the American people.
This is not over and I'm glad he's fighting, and a lot of people feel the same way.
But ultimately, we know what the left is, they make lists, right? They've got acceptable speech and they don't. They come after you, and confront them. We know what Marxists look like and how they operate.
That's what AOC is. She's a socialist. She wants to have control of her party. She is very, very dangerous and she channels a lot of how modern Democrats feel today, Sean.
They're doing it through schools. They're doing it through indoctrination.
Abraham Lincoln said the philosophy of the school room in one generation becomes the philosophy of government in the next, she represents the leftist view of people who believe that Nancy Pelosi and Chuck Schumer have all the power. I don't know if Nancy Pelosi will be the speaker or not, but AOC is trying to change that power structure enter in the Democrat Party completely into the leftist party and almost already is.
Listen, I hope the Senate is held by Mitch McConnell, he may play an important role. Hopefully, he has an ally for four more years and Donald Trump as we play this out, but it's more evidence of how scared the left is, Sean. How much we need to fight them.
HANNITY: Al right. Last 30 seconds — Jason.
CHAFFETZ: Yeah. This race in Georgia is everything. Believe Chuck Schumer when he says, they take Georgia, they're going to change America. We better win those two seats in Georgia.
HANNITY: Yeah, very well said, and, Pete, you never have to think any of us that believe in freedom. For us, it's an honor to be on these airwaves, and we take things seriously.
HANNITY: And many of us do, anyway.
Thank you both.
When we come back with more "Hannity" right after this.
HANNITY: All right. Unfortunately, that is all the time we have left tonight. Don't forget. We hope you'll set your DVR, never miss an episode of "Hannity."
I just want to say in closing tonight something that's very, very important. Three solid years, Democrats, the media mob, all they did was rail about Trump, Russia collusion, and lie and smear and slander and besmirch and advance one conspiracy theory after another. They never apologized for being wrong. They ignored Hillary's dirty dossier. Getting to the truth, integrity, faith, and confidence in our election process is everything.
Let not your heart be troubled, God is in charge. Laura Ingraham, though, is next — Laura.
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