This is a rush transcript from “The Story with Martha MacCallum" November 17, 2020. This copy may not be in its final form and may be updated.

MARTHA MACCALLUM, FOX NEWS ANCHOR: Great touchdown, love it. Thank you, Bret. Good evening, everybody. I am Martha McCallum in New York and this is THE STORY. So the election was two weeks ago today. And several days before that Victor Joecks, The Columnist for the Las Vegas Review-Journal did a little experiment. He says that for month's officials in Nevada assured the voters not to worry about the ballots piling up in the trash or apartment mail rooms.

Remember Nevada had automatically mailed a ballot to every voter in the state. So the Secretary of State said there could be no fraud though because signatures on each ballot return envelope would be compared to the signature that they already had on file. They would confirm that it was actually the voter and not someone else who picked up their ballot and cast it on their behalf. So Victor put Nevada's signature matching process to the test in a legal way. And what he found, he says was quite alarming. He joins us in a moment to explain.

The Trump team also has filed a new lawsuit today in Nevada. Also today in Los Angeles, two men were charged with voter fraud in a 41 count criminal complaint. Carlos Montenegro allegedly submitted more than 8,000 fraudulent voter registration applications on behalf of homeless people in that area. Then you've got the 2600 votes that somebody forgot to count in Floyd County, Georgia. We will talk with Luke Martin the GOP Party Chair there tonight. We're going to find it what went there. We have an update for you, there is another county with some votes coming in that they did not discover before as well also in Georgia.

So, while these are not indicative of widespread efforts to throw an election, they should disturb us all. We should all be able to do better than what we are learning about the sloppiness that does exist in the voter systems in America. And while the states by and large want you to believe that it went better than ever, in this highly sophisticated country that we live in, if you phone knows who you are, shouldn't your ballot be just as smart? Clearly there is room for improvement on the next round here.

Joining me now is Victor Joecks, The Columnist of the - at the Las Vegas Journal Review who I just mentioned. Victor, thanks for being here tonight. Good to have you with us.

VICTOR JOECKS, LAS VEGAS REVIEW-JOURNAL COLUMNIST: Thanks for having me on.

MACCALLUM: So what did you do? What was your experiment?

JOECKS: Well, I wanted to test the accuracy of signature verification. And I had nine volunteers. And what happened is I signed their name that - as it appeared on the ballot. I took a picture of it and I sent it to them and then they copied my signature on to their ballot return envelope. That's how it was legal but it was still attached. It wasn't their signature, it was simulating what would have had happened if I had found their ballots in the trash and decided to submit them and eight of the nine ballots went through. So signature verification which had been built up as this infallible security measure had an 89 percent failure rate.

MACCALLUM: I mean, it is shocking and, you know, when you think about how everyone signs things differently. I mean, I sign things differently depending on what the machine is or what I'm doing. I look at my signature in the voter role books and years ago it looked very different than it looks now. I mean is there anyone who is saying seriously in Nevada this doesn't work? You know we have got dead people on some of these voter rolls. They need to be scrubbed. What other problems did you find and what do you think are some of the solutions?

JOECKS: Well, the problem is that we just simply don't know how many problems there are. The Clark County registrar, which is the county that Las Vegas is in, said they don't have anyone looking at voter fraud issues. And so we simply don't know how widespread the problem is. Now, that is certainly not proof of widespread fraud.

But what my experiment showed what some of the research the Trump campaign is coming up with shows that widespread fraud it was certainly possible. And the lack of interest by elected officials, by election officials is simply concerning and frankly irresponsible. So it starts with digging into the data that's already there, not just assuming that the election was conducted honestly and with integrity but going and trying to find out if anyone cheated and not expecting them to come and admit it after the fact.

MACCALLUM: Yes. I mean it seems - it's going to be tough to get both sides together because the system seems to be working. On one side and, you know, it could be their side that loses the next time around. But these voter rolls need to be scrubbed and it's easy to forget about this in between elections.

But you know I don't see getting any better unless they come up with a new system like a photo system or a fingerprint system or some of the things that I know that you recommended in your piece as well. Victor, thank you very much. An interesting experiment and you found a legal way to do it and learned a lot. Thank you very much. Good to see you tonight.

JOECKS: Thank you, Martha.

MACCALLUM: So as mentioned, a short time ago another 2700 votes that previously were not counted in the Georgia election have been found during the state's recount. This time it happened in Fayette County, just south of Atlanta. A similar situation was uncovered in Floyd, Georgia - in Floyd County, Georgia I should say, yesterday. Luke Martin is the Chair of the Republican Party in Floyd County, Luke, good to have you with us tonight. So I don't know if that's news to you, it just crossed a moment ago. Are you surprised that they found another 2700 uncounted ballots in Fayette County?

LUKE MARTIN, FLOYD COUNTY, GA GOP CHAIRMAN: We just heard the news here just a few hours ago that they found the 2700 ballots in Fayette County. You know honestly that is surprising to me. We thought that our issue here in Floyd County that we were going to be the only ones but it looks like Fayette County found a similar amount. So that's very troubling.

MACCALLUM: Yes. I mean, is there - if we see - how many counties are there in Georgia?

MARTIN: 159.

MACCALLUM: OK. So two out of those we know there were at least a few thousand votes that had not been counted the first time around. So what's going to happen to these votes? Will they go into the totals?

MARTIN: Probably, we hope so. That's the expectation. So what we had in Georgia was the risk limiting audit which where we have people come and count the actual paper ballots to compare it to what the machine totals were on election night or shortly after when each county certified our own results. We were surprised here in Floyd County to find out that there were 2700 extra ballots roughly. So, we spent today, basically recounting them. And from the Secretary of State's Office what they are saying in their press conference is that they will count. So, hopefully that's right. I think there's - the county attorney is here and so working on that.

MACCALLUM: And you think it was human error and not anything more nefarious than that; is that correct?

MARTIN: Well, we are not exactly sure. Basically we know that all of our missing ballots came from in person early voting from one particular precinct here in Rome. So, we were able to track down that basically a scanner went down during early voting. Those ballots had to be removed and put in a second scanner. So we were trying to figure out whether - when those, roughly 5,000 ballots were re-scanned, did the scanner mess up? Did the dominion software mess up? Or was it human error and that - our people working the elections, obviously just didn't scan half the ballots. We still don't know exactly, it's probably a combination of both human error and computer error.

MACCALLUM: Got to get to the bottom of that and we have got a huge focus in Georgia of course, coming up with the senate runoff on January 5th. Is there an effort underway to clean up some of these voter rolls to make sure that these, kind of errors don't happen? Is it going to be any different this time around?

MARTIN: We certainly hope so. One of the problems we have had statewide and I know that we have certainly had here is just a lack of public observation of the counting of ballot, the adjudication of ballot, the lack of party observation. And we know, you know, we hear those stories in the Metro Atlanta counties and the Atlanta that that happened there, too. What happened in Floyd County of 100,000 people?

So we are making sure that the Board of Elections here in Floyd County is notifying the public about when they're going to be counting absentee ballots. They are notifying the public and the parties about when they are going to be adjudicating ballots so that we can be there and witness this process. But you know what, if this was human error and the Board of Elections allowed the parties or allowed the public to view the counting of the ballots, we could have seen that, but we didn't get the opportunity to be there. So let the process play out like it's supposed to do.

MACCALLUM: Yes. I mean, it seems like Secretary of State's got to ensure that both sides have equal observation and that they both signed off on exactly when everything is going to start and nothing can start until both sides are in place in those facilities. And of course you've got some other issues with may be people moving to the area in Georgia that may be trying to add themselves to the voter rolls before that race as well. So we're going to watch that very closely as well. Luke, thank you very much. Good to talk to you tonight.

MARTIN: Thank you very much.

MACCALLUM: So coming up Dan Sullivan's election in Alaska was tallied late but in the end, it secured the 50th seat for the Republican side. Now as Chair of Armed Services he is raising questions about the pressure that President-Elect Biden will be under to cut defense spending and also this moment, it's getting a little bit of attention today.

(BEGIN VIDEO CLIP)

SEN. SHERROD BROWN (D-OH): I would start by asking the presiding officer to please wear a mask as he speaks and people below him are - I can't tell what you to do but I know that behavior.

DAN SULLIVAN (R-AK): I don't wear a mask when I'm speaking unlike most senators.

BROWN: Most Senators.

SULLIVAN: Yes. But I don't need your instruction.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

MACCALLUM: What does Joe Biden believe? He still don't really know on a number of fronts, as a candidate he was never really pressed during the campaign and now the media is basically only asking versions of this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What do you see is the biggest threat to your transition right now given President Trump's unprecedented attempt to obstruct and delay a smooth transfer of power?

UNIDENTIFIED FEMALE: It doesn't appear that the president is going to come around any time soon and admit defeat. So what are you going to do?

(END VIDEO CLIP)

MACCALLUM: Journalist Mark Halperin rights today that Biden's advisers for years and in 2020 clearly fuzzed things up as he says. He says Biden doesn't want to rub the labor unions the wrong way on trade and that the President-Elect has mixed views on some issues and no views on some issues. He concludes that we really have no idea how he will handle our relationship. And that we don't know where he stands on dealing with these two. Although, President Obama is now speaking out a bit on the issue of China, Republican Senator Dan Sullivan of Alaska joins me now. Senator, good to have you with us tonight. Thank you very much, Sir.

DAN SULLIVAN (R-ALASKA): Good to be back on the show, Martha.

MACCALLUM: Good to have you, Chair of the Armed Services Committee. So basically President Obama came out and said if I had to do it again I would be a lot tougher on China with trade issues. And he kind of echoed a lot of what we saw from President Trump. Are you concerned about how a Biden administration will approach China?

SULLIVAN: Absolutely, I'm concerned. And I think your piece teeing off the segment about what Mark Halperin said about we don't really know what Vice President Biden stands for, I think is a really important point. The media didn't press him. But here is one issue that relates to China that I'm very concerned about. Second term of the Obama-Biden administration they recklessly cut defense spending by 25 percent. Now, we have worked really closely with President Trump to rebuild that readiness, to rebuild our military.

But what I'm really concerned about, Martha is they are going to do it again, look at Carter, Clinton, Obama. They have a tendency to want to cut our defense spending. I debated Bernie Sanders and Chuck Schumer about two months ago on the senate floor on a Sanders' amendment to "defund the military". No kidding. That's what they called it. Fortunately we defeated it. But that's a huge issue. It's one of the big reasons why these Georgia Senate races are so important. The senate can be a check on this desire to once again cut our military which I fear a President Biden would do.

MACCALLUM: I want to ask you about something that just came through. It has to do with Cyber Security. The president has just fired Chris Krebs who was the Cyber Chief. He wanted the DHS Chair, the DHS Head Chad Wolf to fire Chris Krebs and now the president has done so by tweet. Do we have the president's tweet in there, guys? There we go.

The recent statement by Chris Krebs on the security of the 2020 election was highly inaccurate. And in that it was massive improprieties and fraud including dead people voting, Poll watchers not allowed in polling locations, glitches in the voting machines were not changed, they would change votes from Trump to Biden, late voting and many more. Therefore effective immediately Chris Krebs has been terminated as Director of the Cyber Security and Infrastructure Security Agency. Chris Krebs came out after the election, said they felt there was no meddling and no issue with the election. Your response to that, sir?

SULLIVAN: Well, look, I'm just learning about that. So thanks for the update. But I will tell you this. And this is, again a difference from what happened in 2016 and 2020. When you talk about foreign interference whether Russia, Iran, that clearly happened in 2016. What our agencies did and this is our military, National Security Agency. They worked hard to make sure we were on offense, not on defense like we were in 2016. And I think the president and his team can claim a lot of credit. The senate and congress put a lot of money, a lot of appropriations behind that from a security perspective.

So from the perspective of foreign meddling we have learned a lot and I think the president and his team should take credit for the fact that we did not see the level of foreign meddling from our adversaries that we have seen in previous elections. And I think every American should be proud of that and take comfort in that.

MACCALLUM: I want to ask you about this incident that happened with the mask on the Senate floor, here the full sound bite with you and Senator Brown from Ohio. He wasn't too happy about. What this.

(BEGIN VIDEO CLIP)

SULLIVAN: Senator from Ohio.

BROWN: I would start by asking the presiding officer to please wear a mask as he speaks and people below him are - I can't tell what you to do but I know that behavior.

SULLIVAN: I don't wear a mask when I'm speaking unlike most senators.

BROWN: Well, our most senators.

SULLIVAN: Yes. But I don't need your instruction.

BROWN: I know you don't need my instruction. But there clearly isn't much interest in this body in public health.

(END VIDEO CLIP)

MACCALLUM: What was going on there? Was there more than that than what we see?

SULLIVAN: Yes. There is a lot more to that. Look, we take the issue of the virus in the senate very, very seriously. Everybody wears masks. As I mentioned, you know the only time I don't wear a mask is when I'm speaking. When I preside like I was last night. I was wearing a mask. And when I was making statements I took my mask off and put it back on. That's the same way we proceed with hearings.

And so Senator Brown knows that, you know what's going on here is really two things. First, you know, some of these far left senators like Senator Brown just can't help themselves on their desire to want to lecture people on these, kind of, issues. Whether it's lecturing other U.S. Senators or lecturing working families and I think it's a put off. People recognize the challenges. We are going to get through these challenges but to be lectured or preached to by senior officials is something that I think is not - I certainly didn't appreciate.

But here is a bigger issue, Martha. If you listen to the rest of the Senator Brown's speech, he was essentially saying hey, we shouldn't be here. We shouldn't be working. We should be hunkered down and I just couldn't disagree more with him. We have been confirming judges this week. We are working on the Defense Authorization Act this week. The senate should be showing the rest of the country that yes, we can work through the pandemic safely and we can still get the work of the country done. He doesn't want to do that, he wants to be hunkered down.

MACCALLUM: He didn't want to put those judges through that was pretty clear in what his comment was. You know, obviously our thoughts are with Senator Grassley who is 87 years old and has just tested positive for COVID and he was speaking on the floor on Monday. We're concerned about him obviously. Are others concerned who were near him?

SULLIVAN: Well, look, I think like I said what we try to do in the senate is everybody wears masks. We are taking the social distancing issues very seriously. But we also recognize that we need to work, that the country needs the legislature acting on behalf of our nation. And, you know, we are all praying for Senator Grassley.

MACCALLUM: We sure are.

SULLIVAN: You may have seen our Congressman. The lone Congressman from Alaska, Congressman Don Young also caught the virus. He's out of the hospital now. So we are praying for all of them. But we also need to make sure that we can still do the business of the senate responsibly. That is what we are doing. We have a lot of work to do and that's why we can do both. And I think that's an important example for the rest of the country.

MACCALLUM: Senator, thank you. Great to have you with us tonight, Senator Sullivan from Alaska.

SULLIVAN: Great to be here, Martha. Thank you.

MACCALLUM: Congratulations on your election. Coming up next, the Head of the National Institute of Health with an update on Operation Warp Speed, which no matter what side of the aisle you are on, has been a remarkable achievement. Also Trey Gowdy on the rumors that Sally Yates could be in the running to replace attorney General Bill Barr, next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES OF AMERICA: Today, I want to update you on the next stage of this momentous medical initiative. It's called Operation Warp Speed. But what we would like to do, if we can is the vaccine, I think we are going to be successful in doing it and hopefully by the end of the year.

(END VIDEO CLIP)

MACCALLUM: That was in May. President Trump six months ago with an ambitious timeline, naysayers believed it was impossible.

(BEGIN VIDEO CLIP)

DR. RICK BRIGHT, NATIONAL INSTITUTES OF HEALTH: A lot of optimism is swirling around a 12 to 18 month timeframe, if everything goes perfectly. We have never seen everything go perfectly. I still think 12 to 18 months is an aggressive schedule. And I think it's going to take longer than that to do so.

(END VIDEO CLIP)

MACCALLUM: So now as a second company announces striking success in its vaccine trial, the focus ships to distribution and the unprecedented partnership between the federal government and the private sector.

(BEGIN VIDEO CLIP)

GEN. GUSTAVE PERNA, CO-LEADER OPERATION WARP SPEED: It is the partnerships we have formed with the pharmaceutical companies like Pfizer and Moderna. Distribution companies like McKesson, FedEx and UPS and pharmacies like CVS and Walgreens that have agreed to do things differently. We will be successful because of this all of America approach, this collaboration, this effort that everybody is leading towards.

(END VIDEO CLIP)

MACCALLUM: Joining me now Francis Collins, the Director of the National Institute of Health. Thank you so much for being here. It's great to have you with us let's say, today, Dr. Collins. What is your reaction?

FRANCIS COLLINS, DIRECTOR OF NATIONAL INSTITUTE OF HEALTH: Glad to be with you, Martha.

MACCALLUM: What do you think when you hear that Pfizer now has finished the safety protocols that has to go through so now it can be moved toward FDA approval. Have you ever seen a timeline like this?

COLLINS: Never. This is extraordinary. The average time it's taken in the past to develop a vaccine has been about 8 years. This has been done in 10 months. And it was also done on the size of a trial that wasn't usually attempted either. Both Pfizer and Moderna had more than 30,000 volunteers as part of their trials and by the way thank you to those volunteers who made this all possible to find out that this vaccine is not just pretty good, it's 90 percent plus efficacy, which we have not really had the hope to expect. And here it is. And all this is supported by Operation Warp Speed making it possible to do things carefully, safely, but really quickly in a way that's not been attempted before.

MACCALLUM: It's extraordinary. You know, when you look at the efficacy rates over 90 percent on both of these vaccines. What does that tell you, does that give you added confidence that these two different tracks came up on both sides with such a powerful vaccine?

COLLINS: It does. Both of these used the particular kind of technology, which is pretty new using something called messenger RNA. They were both devoted to the idea, if I could hold up my little model here on this non- scale death star called COVID-19. The spike proteins that you see on the surface are the thing that the immune system recognizes and so all the vaccines these two and four others that are right behind them are trying to raise antibodies against those spike proteins.

We don't give the whole virus to people. That wouldn't be safe. We just give a little bit of it the spike protein and the immune system goes wow, what's this, makes an antibody. And then from that point on, if the virus itself comes along and the immune system goes no, I don't think so.

I have seen this before, I know what to do with it. You are out of here.

MACCALLUM (on camera): So if these two vaccines what do you think the time frame looks like right now and how many millions of people do you think could be vaccinated over the next several months, potentially? How do you see it?

COLLINS: Well, that's what everybody wants to know, and understandably so. Basically, the FDA now needs to do their thing and we want them to do it really carefully. There is no corner to be cut here. Everybody wants to be assured that this is safe and effective.

They will be looking at the data that Pfizer and Moderna are providing to them imminently. And they will then hold a public meeting about that so that everybody can see the data and be reassured that no corners have been cut. If all goes well, something in the neighborhood of maybe three weeks from now, FDA may be ready to make a decision and issue what's called an emergency use authorization, EUA. You're going to hear a lot about EUA.

At that point it will be possible to start immunizing the highest risk people and that will occur again possible in December. How many doses? Well, because Warp Speed has been funding the manufacturing of these vaccine doses. Even before we knew they were going to work. Because you didn't want to have to have a long wait there, there will be about 40 million doses available in December.

But, before you say 40 million people, keep in mind these vaccines require two dozen so that's really 20 million people and there will have to be a very careful plan made and it's in the works right now about how to offer those to the people at highest risk.

MACCALLUM: I mean it's incredible testament to the private sector and the public sector and the government which don't always work together so seamlessly and we are all -- we hope that this goes very well with the FDA.

And I hope you will come back because I have a lot more questions for you, Dr. Collins and we are all going to be looking at this very closely. Thank you very much, sir.

COLLINS: I'd love to come back and thank you for highlighting the collaboration.

MACCALLUM: Thank you.

COLLINS: This is the way we get things done.

MACCALLUM: Absolutely. Amazing story. Thank you so much.

So, from vaccines to lockdown hypocrisy. You can't go to church. Sometimes not a restaurant in some places or Thanksgiving with your family. But those who made those rules have been breaking them, including California Governor Gavin Newsom. He went to a party at a swanky Napa Valley restaurant.

(BEGIN VIDEO CLIP)

GOV. GAVIN NEWSOM (D-CA): I need to preach and practice not just preach.

(END VIDEO CLIP)

MACCALLUM (voice over): Alex Berenson up next on the message that that sends about the science next.

(COMMERCIAL BREAK)

MACCALLUM (on camera): Ohio now joining a growing list of states that are bringing back COVID curfews as leaders try to curb the rapid spread of the virus. A similar mandate is under consideration in California where Governor Gavin Newsom apologized for attending a party after telling other people they should not socialize with friends. He joins a long line.

(BEGIN VIDEO CLIP)

NEWSOM: The spirit of what I'm preaching all the time was contradicted and I have got to own that and so I want to apologize to you.

MAYOR LORI LIGHFOOT (D), CHICAGO: There are times when we actually do need to have relief and come together and I felt is unlike that was one of those times. That crowd was gathered whether I was there or not.

UNKNOWN: You are thinking about COVID. I don't even see you with your mask on. I see your aides are mask on.

REP. MAXINE WATERS (D-CA): I was just coming out of here.

UNKNOWN: But I don't --

WATERS: My mask in both of these places.

UNKNOWN: But have you got to have your mask on, right?

WATERS: Yes, that's right.

REP. NANCY PELOSI (D), UNITED STATES SPEAKER OF THE HOUSE: I take responsibility for falling for a set-up. This salon owes me an apology.

(END VIDEO CLIP)

MACCALLUM (on camera): Here now, Alex Berenson, former New York Times reporter and author of "Unreported Truths About COVID-19 and Lockdown." Alex, good to have you here tonight.

ALEX BERENSON, FORMER REPORTER, THE NEW YORK TIMES: Thanks, Martha.

MACCALLUM: The California governor is considering curfews statewide. They have clamped down on indoor dining, gyms, movie theaters, other business in 41 of the state's 58 counties. He says he is sounding the alarm and warning people specifically about social gatherings.

When you make that kind of statement it's tough when you don't set that example. Not all states are doing it but he did.

BERENSON: Sure. Look, I want to talk about Governor Newsom but I have to respond to the last segment with the vaccines for just a second.

MACCALLUM: Sure.

BERENSON: I want to say to you that it's great that we have great top line data here. We should all be excited about that. But there's two really important things that we should be thinking about before we stick needles into the arms of 20 million people.

The first is that we don't have any safety data released on this right now. The companies are just saying they haven't seen severe adverse events. That would, you know, we need actual safety data released.

MACCALLUM: Well that's the next step in the process.

BERENSON: And poured over by the FDA and poured over by independents.

MACCALLUM: Right.

BERENSON: By independent evaluators. We need that. The second thing is the 90 percent reduction is a relative reduction. OK? And Stephen Hahn got crucified for this back in August. The absolute risk reduction here that they are talking about is 0.3 percent. There were 0.3 percent of people got infected who didn't get vaccinated or who didn't have the vaccine who had the placebo and essentially nobody who did have the vaccine.

So that's good. That is a risk reduction. But let's understand what we are talking about here. Most people in both arms of the trial nearly all people didn't get a COVID infection. They didn't get a SARS COV2 infection. So, we really should look at the safety data before we proclaim this, you know, as a miracle.

MACCALLUM: Absolutely.

BERENSON: I'm not saying it's not.

MACCALLUM: Absolutely.

BERENSON: I'm saying we need the data.

MACCALLUM: That's what we just said that now it goes to the safety data level and then the FDA, he said, will give it a thorough review and then they will roll it out after that thorough review but we are talking about the fact that the time frame on getting to this point has been extraordinary.

BERENSON: Yes. It has. But we're talking, it's mid-November right now, they're talking about rolling it out in December. So how thorough review is that going to be? It's going to be the fastest thorough review in the history of the FDA.

All I'm saying is we should -- not that we shouldn't want this vaccine to work very well but we shouldn't let our hope stand in the way of looking at the data with a real gimlet eye.

MACCALLUM: Well, nobody is going to be able to give it that approval --

(CROSSTALK)

BERENSON: And you know, that's --

MACCALLUM: -- except the people who are in charge of that. So.

BERENSON: Absolutely true. Absolutely true. As for your comments about Governor Newsom, I totally agree with you. The hypocrisy from the political class right now is enormous. You've seen it with Pritzker, you've seen it with Newsom, you've seen with Lightfoot. You've seen it, you know, more it seems on the Democratic side to me than the Republican side because Republicans have been less ferocious about calling for lockdowns in general.

But people, you know, they don't want the rules to apply to them. They think if they have money or they're in political power they don't -- the rules don't have to apply to them. And that's one reason why so many people in the country are so angry obviously.

MACCALLUM: Yes. I mean, it's one thing if you are arguing against lockdowns and you don't want your state to do that. It's another if you are arguing in favor of them and asking people to do things that you are not willing to do yourself.

Alex, thank you. Always good to see you. Thanks for being here tonight.

BERENSON: Thanks, Martha.

MACCALLUM: You bet. Coming up next.

(BEGIN VIDEO CLIP)

SALLY YATES, FORMER U.S. ATTORNEY GENERAL: I made a determination that I believed that it was unlawful. I also thought that it was inconsistent with principles at the Department of Justice and I said no.

(END VIDEO CLIP)

MACCALLUM (voice over): She was known as part of the resistance when Donald Trump assumed the presidency. Now a former -- former acting Attorney General Sally Yates is reportedly in the running to replace Bill Barr as attorney general in a Biden administration. Trey Gowdy with his thoughts on that and other candidates next.

(COMMERCIAL BREAK)

YATES: I served as deputy attorney general in the Obama-Biden administration and stayed on as acting attorney general for the Trump transition. Then, 10 days in, I was fired for refusing to defend President Trump's shameful and unlawful Muslim travel ban.

(END VIDEO CLIP)

MACCALLUM (on camera): Former acting Attorney General Sally Yates among those reportedly in the running to replace Bill Barr as attorney general.

In moments, Trey Gowdy. But first correspondent Jacqui Heinrich in Wilmington tonight. Hi, Jacqui.

JACQUI HEINRICH, FOX NEWS CORRESPONDENT: Good evening, Martha. President- elect Joe Biden's latest round of White House staff picks signals that he's making good on his promise. The incoming administration will be as diverse as the country. There is heavy representation among people of color and women.

He has also tapped a number of campaign veterans for his post, fueling speculation that Sally Yates may be frontrunner for attorney general. And sources are telling me she's at the top of the pack under consideration.

Yates is a Biden transition team adviser and former deputy attorney general under the Obama administration. She lasted 10 days as acting attorney general under President Trump and was fired after she opposed Trump's travel ban on majority Muslim countries.

She has been a vocal critic of the president writing in an op-ed early this year, the Justice Department is not a tool of any president to be used for retribution or camouflage in all of government the Justice Department uniquely functions in a trusted bond with Americans to dispense justice without fear or favor.

I'm also told Alabama Senator Doug Jones is at the top of the list. The former federal prosecutor just lost his bid for a full term but sources say he may also try to run for Senate again.

(BEGIN VIDEO CLIP)

SEN. DOUG JONES (D-AL): We are such a divided country right now and so many of those divisions started in the south. I've said this for many years. That healing can start in the south. I think that's what you are seeing in Georgia and other places right now where the base of voters are beginning to look at things in a whole different way.

(END VIDEO CLIP)

HEINRICH (on camera): California Attorney General Xavier Becerra is also a top contender. He has filed a number of legal actions against the Trump administration and would bring diversity as a Mexican-American but he has already faced some opposition among progressives for being friendly to police unions.

Other names include Jeh Johnson who is also being eyed for defense posts, Alejandro Mayorkas, Lisa Monaco and New York Governor Andrew Cuomo although he has denied any interest in the job.

Now Biden's appointees could face confirmation hurdles in the Senate if Republicans continue to maintain control after the Georgia runoffs and Yates could face a challenge because of the Russia probe. Martha?

MACCALLUM: Jacqui, thank you very much. Joining me now Trey Gowdy, former House oversight chairman and Fox News contributor.

Trey, you know, Jacqui touched on it right at the end there this issue of the Georgia Senate race and whoever dominates there is going to be -- have the majority in the Senate, which is the confirming body for any of these posts. So how do you see all of that playing out?

TREY GOWDY, FOX NEWS CONTRIBUTOR: Well, and there is also Joe Manchin who, while a Democrat, you know, serves the state that Trump carried, what, by 100 percent of the vote?

MACCALLUM: Yes.

GOWDY: So, what's he going to do? You put your finger on the number one issue which is, is the person confirmable? And you look back to Jeff Sessions another senator from Alabama, Martha, exactly one Democrat voted for Jeff Sessions even though he was a sitting member of the Senate and only three Democrats voted for Bill Barr.

So, I'm going to be real interested if the D.C. print media starts talking about Joe Biden is entitled to the cabinet of his choosing because Donald Trump sure wasn't, not according to the Democrats. I think Doug Jones is the safest pick. Jeh Johnson is probably the second safest pick and Sally Yates would be the third safest pick but I can tell you, Tom Perez, I would move to North Korea before I lived in a country where Tom Perez worked for the blindfolded woman holding a set of scales.

MACCALLUM: Well, I was playing white.

GOWDY: Tom Perez, the head of the DNC, the guy that completely politicized the civil rights division when he was at the DOJ? I mean, stop and think about DOJ's incestuous relationship with the DNC. That's what got us into the Russia gate and we are going to put the head of the DNC ahead of the DOJ? I'm not the only Republican that would have a problem with that.

MACCALLUM: Do you think that Sally Yates could get the Republican vote in the Senate? I mean that would be a bit tricky, too.

GOWDY: You know, I think in the interest of full disclosure I have known her for a good while. She had a really good reputation when she was the U.S. attorney in Georgia. Republicans really liked her when she was the DAG.

You know, the higher up you get the more political, that office is. She has been before the Senate judiciary committee before. She is going to have to answer questions about FISA. I mean, to her credit, she was very miffed at Jim Comey for doing an end run around her and going straight to Michael Flynn.

So, it would be a tough confirmation. I think she would make it. I think Jeh Johnson would make it. I think Doug Jones would make it. Xavier Becerra it depends on whether he is part of the social justice movement or not. I know is he a former prosecutor. Not a lot of experience in the federal system. The three safest picks are Jeh Johnson, Doug Jones or Sally Yates.

MACCALLUM: Yes. You know, as you point out, Sally Yates got a lot of attention in the early stages of the Russia investigation, you know, trying to figure out who was sort of pulling the strings. And you say and she -- it reflected better on her when more of that report came out, I think. And that might work in her favor.

But, as you point out, you know, the link between the DNC and the DOJ and the FBI is something that leaves a not great taste in people's mouths.

GOWDY: Yes. It's terrible and, also with Georgia, two runoffs in Georgia, Sally Yates is the daughter of Georgia. So Republicans, whatever negative things you have to say save it until after the runoff.

MACCALLUM: Trey, thank you very much.

GOWDY: Yes, ma'am.

MACCALLUM: Trey Gowdy, good to see you tonight.

GOWDY: You too. Thank you.

MACCALLUM: So, for a time today there was talk of canceling a Christmas tradition that honors our veterans by placing wreaths on the graves at Arlington National Cemetery. When many wondered how their sacrifice wasn't worth a small one on our part, the president stepped in.

A Gold Star sister whose brother is buried there joins me with her story on this next.

(COMMERCIAL BREAK)

MACCALLUM: An annual Christmas tribute to American heroes will follow tradition this year after wreaths across America was briefly canceled over COVID concerns. President Trump tweeted, I have reversed the ridiculous decision to cancel wreaths across America at Arlington National Cemetery, it will now go on.

Among the 14,000 buried at Arlington is First Lieutenant Travis Manion who was killed in 2007 during combat in Iraq. He was awarded the silver star and the bronze star with valor. He was killed in the Anbar province in Iraq.

I'm very glad to have Ryan Manion his sister with us tonight on what this tradition means to her Gold Star family. She is the president of the Travis Manion Foundation. Ryan, thank you so much for being here.

I know that the idea that this was canceled was something was something that a lot of people thought was odd in the first place. I mean, it's an outdoor event of putting wreaths on these head stones at the cemetery, correct?

RYAN MANION, TRAVIS MANION'S SISTER: Absolutely. Thanks for having me, Martha. And I think yes, it was shocking. We -- I learned on the news last night just as wreaths across America was learning the news. A lot of them found out through social media. And it was so surprising because I think, listen, I'm all for keeping the safety of what's happening and making sure that we follow COVID guidelines and we are safe.

But this is a tradition that dates back to 1992 where each year Arlington National Cemetery wreaths are brought and placed at the graves of our fallen service members. And my first thought was where there is a will, there is a way. There is a way that we can do this safely and securely. Make sure we follow guidelines.

And I was thrilled that the secretary of the army overturned the decision. I don't think that came without a lot of pressure from Gold Star families, from incredible supporters of the tradition and even some congressional support.

But I think at the end of the day, you know, all I could think of was our men and women who served and sacrificed never took the easy way out and the easy thing to do would just be to say it's canceled. The hard thing to do would say -- would be to say let's figure out a way to make this work. And I'm so glad that it is.

MACCALLUM: Yes. I know your brother said before he left for his last mission if not me then who. And it's such a selfless message that he lived for and I think you are right. We all want these things to be done differently. It will no doubt they will have to do sort of smaller numbers who are part of this, but I believe that the act of the laying of these wreaths is such a beautiful tribute during the holidays to all of these men and women who served. And I just think it's such a special event for people to take part in.

You know, what would you say to those who want to be part of this, which I did today. It's very easy if you want to be a part of this.

MANION: Well, I think that we are still waiting on word of how this will look. It will look different this year. And that's OK. But, as the president of the Travis Manion Foundation we put out word that we are ready to support in any way we can to make this event just as special.

And I think, you know, the act of somebody I know for me as a Gold Star sister knowing that each year someone walks up to my brother's grave stone, looks at his name, reads his name, and places that wreath there, I don't think I can express how meaningful that is. And I think of all of the families that are there that have that same experience and same feeling. And in no way, shape, or form should we take that away from them.

MACCALLUM: Absolutely. I couldn't agree more. And you can go to wreaths across America and you can donate several wreaths to be a part of this. It's a great way to show your support for all of it.

Ryan Manion, thank you. Great to have you with us tonight. Thank you so much.

MANION: Thanks, Martha.

MACCALLUM: That's THE STORY of Tuesday, November 17th. But as always, THE STORY continues. So, we will be back here with you tomorrow night at seven and we look forward to it. Have a great night, everybody. Tucker Carlson is up next.

Content and Programming Copyright 2020 Fox News Network, LLC. ALL RIGHTS RESERVED. Copyright 2020 ASC Services II Media, LLC. All materials herein are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of ASC Services II Media, LLC. You may not alter or remove any trademark, copyright or other notice from copies of the content.