Judge Jeanine: Clear double standard between left and right

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Judge Jeanine: Clear double standard between left and right

This is a rush transcript from "The Five," November 10, 2018. This copy may not be in its final form and may be updated.

JEANINE PIRRO, HOST: Breaking tonight, Florida's Secretary of State orders a recount in the state's key Senate and Governor races while Democrat Andrew Gillum withdraws his concession in the Governor's race.

Hello and welcome to "Justice." I'm Jeanine Pirro. Thanks for being with us and thanks to all of you for once again making "Justice" number one last weekend and for keeping "Liars, Leakers and Liberals" on "New York Times" bestsellers list for over three straight months.

We've got a big show on deck for you tonight with all the late breaking details on the Florida recount, plus live reaction from Congressman Matt Gaetz, Corey Lewandowski, Katrina Pierson and Brian Kilmeade to name a few. But first, my open.

There is a clear double standard between the left and the right. Behavior that you only see on the left and not the right. If you need further proof that there is a double standard, that the left has brain washed society, look no further than Florida.

The fraud going on in Florida as an acceptable solution to our election process is the last straw. How after four days are the same two counties that we have repeatedly had trouble with in the past still able to say their election is not final. How is that possible? How is that okay?

As I speak to you, Florida's Secretary of State has officially declared a recount for Governor and United States Senator in Florida on election night though both Republicans were declared the winners over their Democrat opponents.

Republican Rick Scott was declared the winner over Democrat Bill Nelson for Florida's US Senate seat. Republican Congressman Ron deSantis was declared winner against Democrat Andrew Gillum, a local mayor.

But tonight, everything is in flux. Democrat Gillum, the lose candidate who conceded on election night has just today officially pulled back his concession to Republican Ron deSantis. So what's going on? The Democrats are refusing to accept the declared results of the national media. Theirs is a double standard

You say we lost, we will say we won, and in the words of DNC lawyer Marc Elias, an operative from Clinton Fusion GPS Christopher Steele fraudulent dossier intended also to disenfranchise us on the national presidential election, we'll do a recount and we will win.

So how do they do this? Lo and behold, they find missing ballots. And where do they finds these ballots? In deep blue counties run by Democrats in Florida, Broward and Palm Beach.

Now, Broward and Palm Beach Counties may sounds familiar to you because in 2000, there was a hand recount in Palm Beach County because the Democrats didn't want to accept the results of a presidential election. In 2006, there was another recount started by the Democrats. In 2016, another recount and in 2018, another recount in the same two counties.

Now, folks, there are 3,141 counties and county equivalents in the United States. So you tell me how 3,139 counties can get their votes in 30 minutes after the polls close, but not these two. The other counties get it right. There is even a county that suffered a category 4 hurricane in Florida that was able to turn in their ballots 30 minutes after the election, but these same two deep blue Democrat controlled counties in Florida where Republicans won in the two most of important races can't get their act together.

But it's not the first time. There is one person who seems to be at the center of this, a Ms. Brenda Snipes, the election supervisor in Broward County shown here.

Now you know about Brenda because in 2016, a judge called her out for destroying ballots that benefited her friend, Debbie Wasserman-Schultz. So election night, Broward reports thousands of votes, 634,000 and now there are reportedly thousands more votes. You're kidding, right?

A primer. Every county is supposed to hand in all early voting and absentee balance lots within 30 minutes of the polls closing. Most counties already count those ballots before election night. But now in a lawsuit brought against Ms. Snipes, Governor Scott argues it's Snipes who is refusing to comply with the campaign request for voter and ballot information.

At an emergency hearing yesterday in Florida, the Governor asked the court to have ordered Ms. Snipes turn over records detailing how she counts and collects ballots. Snipes, as might be expected is refusing to turn over the records, saying it's inappropriate for a court to intervene this time simply because Scott wants the counting process sped up.

What is even more outrageous is that after Snipes destroyed ballots illegally in the 2016 election, her premature destruction of the ballots under court review in the pending lawsuit was described as unlawful and in violation of the Public Records Act. That court in 2016 cited a similar case where the individual was dismissed, saying dismissal under these circumstances is an appropriate sanction.

But the court went even beyond saying that about Snipes. They said her violation was twofold. Number one, Snipes violated state and Federal retention requirements, and number two, Snipes violated the affirmative responsibility to preserve evidence. Why was this woman not fired? Yet today, Ms. Snipes lives on to mess up yet another, or overturn yet another election in Florida.

And if that's not enough to infuriate you, after the court's decision about Ms. Snipes, the state of Florida announced it would be monitoring Broward's 2018 election.

Now, let me tell you what a mess we are in. There are reportedly thousands of newfound ballots. Each one is five pages long. Do you think a woman who doesn't tally or canvass along the way loses thousands of ballots, who doesn't want to turn them in within 30 minutes after the polls are closed like 3,139 other counties, too, should be trusted? Do you think she should be allowed to view five times, because that's how long the ballots are, five pages, of thousands and thousands of missing ballots?

Folks, this is lunacy. Voter fraud is insidious. It causes people to think their vote doesn't matter, but it's worse than that, folks. There are reportedly transcripts now that prove that when the Democrats say they want every vote counted, they mean it. Yes, that's what I said. But it's not just your votes, it's illegal votes that some lawyers in these canvassing hearings for Democrats want counted.

A report out today says lawyers for Democrats Gillum and Nelson are objecting to the rejection of votes cast by non-citizens. So when a lawyer for Democrats, Marc Elias famous for his role in the dossier creation that was an attempt to disenfranchise our duly elected President says he's going down to Florida to win, he should have added, by any means.

That's my open. If you love my opening statements, you will love my new book, "New York Times" number one bestseller, "Liars, Leakers, and Liberals: The Case Against the Anti-Trump Conspiracy." And here reaction to my open and all the developing news in the Florida recount drama, Florida Congressman Matt Gaetz joins me now. All right, good evening, Congressman.

MATT GAETZ, US CONGRESSMAN, FLORIDA, REPUBLICAN: Good evening, Judge, I think they are still finding ballots for Al Gore down in Broward County. It is a mess down there. It's like a banana republic and when you have got supervisors of elections that violate transparency laws, which stand in the way of the constitutional rights of Floridians to see information, then you undermine our confidence in the election process, that's why getting the records, getting the ballots and getting a just result is so important to all of us.

PIRRO: You know what I find interesting is that in the hearing yesterday, Matt, and I know Congressman, I should say and I know that you're familiar with what's going on, when Governor Scott had requested the opportunity to review and to count and find out how they were determining the ballots, then what she says is, you don't have a right to look at this stuff just because you want it sped up. What is that about?

GAETZ: Well, the law in Florida requires the supervisor of elections to make regular reports about how many people voted and in what method they voted.

In Broward County, they simply ignored those laws and then when we tried to use our Public Records Act to get information, they stood in the way. After the judge ruled that they had to allow us to inspect the information by 7:00 that night, I showed up with Governor Scott's lawyers to try to see if we could learn more and we were stood away. We were told to come back at 10:00 the next morning.

So time and again, you see the supervisor of elections violating court orders, violating state statutes and that is the type of thing that allows fraud to grow. The good news, Judge --

PIRRO: Go ahead.

GAETZ: The good news is that Ron deSantis has a margin of victory that is beyond the reach of any fraud. He will be the Governor-elect and then the Governor of Florida, and Senator Nelson would have to be ...

PIRRO: Okay, so what you are saying, Congressman, excuse me, what you are saying is that Congressman deSantis in the gubernatorial race has more than a half a point ahead of that local Mayor Gillum? Correct? So there is not going to be a recount, but Congressman ...

GAETZ: No, there will be a marine recounts. There will be a machine recount. He is under half a point, but our expectation is, there could be - yes, his margin of victory is beyond the scope of any fraud. So he will have a machine recount. We have no objection to that whatsoever.

We want every legitimate legal vote to be counted.

PIRRO: Congressman, hang on, I want to ask you this question, if a judge determined as I just read in my open that this woman Snipes who is the election commissioner, what is her official title?

GAETZ: Supervisor of elections.

PIRRO: All right, that this woman Snipes, two years ago violated state and Federal law. He actually cited a case where someone was dismissed under similar circumstances. Would you please tell me why this woman was not dismissed given the fact that the judge's decision suggests she should be and we have Rick Scott, the Governor who should have dismissed her who is now suffering because he didn't dismiss her as a candidate for Senate?

GAETZ: Brenda Snipes is either too stupid or too corrupt to be running elections and counting ballots in Florida. The case you laid out is compelling. The reasons for her removal are just irrefutable. Unfortunately, Governor Scott hasn't used his authority to suspend her and put the state supervisor of elections in charge of this office so that we can find what the hell is going on in Broward County.

So I think there's plenty of basis for removal, there is legal authority allow that would allow the Governor to remove Dr. Snipes and there is a court order that she violated yesterday. So I think that we should not be waiting around any longer to see if new trucks show up with new ballots or who knows what other shenanigans could be possible. We need to have all the cards face up ...

PIRRO: Of course ...

GAETZ: ... and in a transparent process, there won't be fraud. It's when you don't have transparency that fraud can exist.

PIRRO: Clearly, but you're saying new trucks show up, what are you talking about?

GAETZ: Well, last night when I stood outside the supervisor of elections office, there were trucks moving things on and off. Now that could have been totally harmless. It could have been furniture they were moving in the middle of the night, but when I tried to videotape it, there were armed police that said that I was a safety hazard and I was not allowed to videotape what was being moved in and out of the Broward supervisor of elections office at night.

PIRRO: All right, Matt Gaetz, thanks so much for being with us this evening. Still to come, more information on that.

And now to yet, another surprising turn of events. This one in New Mexico where my next guest has not yet conceded in her race for that's state's southern second district congressional seat. She believes the race is being stolen away. Currently serving in her fourth term in the New Mexico House of Representatives, Yvette Herrell joins me now. Good evening.

YVETTE HERRELL, US REPRESENTATIVE, NEW MEXICO, REPUBLICAN: Thank you for having me.

PIRRO: All right, now, you ran in the New Mexico District 2. You have run four times, you've been a legislator for eight years. You are running for an open seat, one that was held by a Republican for the last 16 years. Donald Trump won that district by 10 points. And now, you run against a first-time candidate, her name Xochitl Torres Small. How do you pronounce her name?

HERRELL: That's pretty close.

PIRRO: Okay, all right, I think we have a photo of her, the candidate you ran against. Now, all the entities who were representing all the party, New Mexico Dems for Democracy on Election Night declared you the winner. NBC, CNN, MSNBC, the Albuquerque journal, Townhall, everybody announced the race and you won. You actually give a victory speech, and then about an hour later something happened. Why don't you tell us?

HERRELL: Yes, about an hour later, we were contacted by the Secretary of State's office who said they had magically found 4,000 ballots that had not been counted.

PIRRO: Okay, and this Secretary of State, what is her name?

HERRELL: Maggie Toulouse Oliver.

PIRRO: Okay, and I assume she is a Democrat?

HERRELL: She is a Democrat, that's right.

PIRRO: All right, so and then within another hour after this Democrat Secretary of State says we've got 4,000 ballots we have got to add, did you get another phone call?

HERRELL: Right, then after that, about an hour and a half later - so within about two and a half hours after the election was called, we get another call and say they found yet another 4,000 ballots that had not been added to the ballot count.

PIRRO: All right, so now, we've got a total of 8,000 new votes after you've already given your victory speech. Now, the question that I think is significant is that when you ask how did this all happen? There is an individual who is the County Commissioner appointed again by Democrats. What was her excuse?

HERRELL: The County Clerk over there, her excuse was there was just more ballots than they thought. Actually, first they said they forgot them. They did not realize they had them. Although that's very telling since they knew there was record voter turnout in absentee ballots.

PIRRO: All right, so then the next day, they start the recount and these new ballots and you would have won by 1,800 votes, and now she is declared the winner by 2,800 votes, correct?

HERRELL: Correct, that's right.

PIRRO: Was this fair and square?

HERRELL: What did you say?

PIRRO: Was their call fair and square?

HERRELL: I really don't think that it is because here, we have a second congressional district race where everybody goes bed on Tuesday night thinking that I have been declared the winner and then suddenly on Wednesday morning, they start hearing that there were 8,000 ballots that came up out of nowhere, and no, I don't think that it was. I think that maybe we need to look into it a little bit more.

PIRRO: All right, and what are you going to do when you say that you're going to look into a little more?

HERRELL: You know at this point, this is about voter integrity and restoring voter confidence. And we've had over a hundred documented complaints about some of the things that happened here in this race, and so we need to look into it, shine some light on it and make sure if there's problems, let's fix them.

PIRRO: Okay, Yvette Herrell, we're going to follow this story. Thanks for being with us tonight and we look forward to seeing how it ultimately ends up. Thanks for being with us.

HERRELL: Appreciate it. Thank you.

PIRRO: All right, Katrina Pierson is here tonight, so is Brian Kilmeade. They are coming up. But first, the midterms are over. Maybe not for the Democrats, but for the rest of America, so where do we go from here? Former Trump campaign manager Corey Lewandowski is next to tackle that question and more as "Justice" rolls on.

Florida once again at the center of a recount storm tonight as the post midterm election drama has only just begun. Former Trump campaign manager and author of "Trump's Enemies: How the Deep State Undermines The Presidency," Corey Lewandowski joins me knew with reaction. All right, Corey, heard my open. Did you? Did you hear my open?

COREY LEWANDOWKSI, FORMER TRUMP CAMPAIGN MANAGER: I did, Judge, yes, I did.

PIRRO: Okay, you heard my open and then you heard Matt Gaetz and then you heard Yvette Herrell who was running for Congress and declared the winner in New Mexico in the second district, and then the same in Florida.

All of these situations involve Democrats saying that they are finding ballots, what's going on?

LEWANDOWSKI: You know, Judge, this seems to be a pattern, particularly in this election cycle. We have now seen this in Florida with the Governor's race and the US Senate race. We have seen it in New Mexico. But we've also seen it in Arizona.

We see in Arizona where Martha McSally, the congresswoman who is running for the retiring seat of Jeff Flake was up by about 24,000 votes on election night, now all of a sudden, the Democrats are saying they are finding more votes and she is down 9,000 votes.

It's a swing of 35,000 votes and there are thousands more votes in Maricopa County that haven't been counted. Now, they are saying that a woman who is probably going to be t declared the victor on election night, Martha McSally is probably going to lose that race.

Now, in Florida, here is what you see, I know it's the home of Mickey Mouse, but talk about a Mickey Mouse operation in Broward County, I mean, this is ridiculous.

Look, Ron deSantis, his recount is going to be perfunctory. He has a recount that is going to go through the machine ...

PIRRO: Yes, machine recount.

LEWANDOWSKI: But in Governor Scott's case, Governor Scott is only up one quarter of a percentage point over the incumbent US Senator, so they are going to hand recount this.

We've lived through this operation down in Florida 18 years ago. I can't believe in 2018 with all the ballot integrity issues that we talked about in the last election cycle, all of the outside influence, all of the supposed people who are trying to influence the election and trying to break into our election system, we still have people in Florida who can't count to the number two in the number of ballots that were cast. This is just a completely Mickey Mouse operation.

PIRRO: Corey, what's amazing isn't the lawsuit from Broward County, I mean, I have it right here, in the lawsuit for Broward County. The state or the judge criticized her and suggested that there is a basis for dismissal. They allowed her to stay there, and now they are suffering the consequences of it. And the state said, we are now going to monitor Broward in 2018. Is the state incompetent? Because at some point, you have to say to yourself, after a while, you let them fool you, you are the fool after two or three times.

LEWANDOWSKI: You're exactly right, Judge, and don't forget, the state of Florida now is the third largest state in the country. It's got 29 electoral votes and the importance of that state going into the 2020 election cycle cannot be over stated.

Look, Florida is a truly purple state. Donald Trump won it in an overwhelming fashion against Crooked H, but we know it's going to be competitive in 2020 and if Democrats are going to be controlling areas like Palm Beach County and Broward County where the plurality of the Democrat votes are coming in, it remind me of Texas when LBJ ran. They basically just said, "How many votes does he need to win? We'll fill out the ballots and we'll turn them in." Why are we not doing a better job of protecting the integrity of the ballot process in Florida?

PIRRO: Well, you know what, plus, there's another piece to it and I'm probably going to do it next weekend and that is about the voter rolls themselves, you know there was talk - there are reports now that the Democrats in Florida, when non-citizens were declared invalid as voters, the Democrat lawyer said, no, no, they are valid. Of course, Marc Elias has since come out and said, "Oh, no, we don't want that."

But I mean, how could this be so penetrable? How is it not something that is protected? Where does the Federal government come in on this?

LEWANDOWSKI: Well, look, the Secretary of State needs to do a better job in Florida obviously. The Federal government has to have oversight. I know that the Department of Homeland Security was monitoring places for outside foreign influence hacking, maybe we should be monitoring for the stealing of the elections from internal, form those individuals who are working at the boards of elections. That's where it seems to be all the problems are. The fact that we them videotape of them moving ballots in private individual's cars who are alone with these ballots with no integrity whatsoever, that alone should potentially just get rid of all of those ballots and I want every ballot counted, but how can we have any integrity whatsoever ...

PIRRO: Where do you get that from? Corey, where did you get that from? There has been reference by another guest tonight. What's with this private vehicles and ballots? Talk to me about that? Where are you getting that from?

LEWANDOWSKI: So there are a number of videos that have been shown outside of the Broward County elections office where vehicles - private vehicles were pulling up and they were literally taking ballot boxes out of the cars and it was one driver in the vehicle. They were taking a ballot box, so what happened is, it looked like the outer areas of Broward County were transporting those ballot boxes to the headquarters, but they were doing it through private individuals in their own cars.

PIRRO: All right, I think one of the things we've got to do is make sure that there was actually wrongdoing there, and that's something that we are looking into. Corey Lewandowski, thanks so much for being on "Justice" tonight.

LEWANDOWSKI: Thank you, Judge.

PIRRO: All right, and Brian Kilmeade is still on deck. So is Brandon Tatum from Turning Point, USA. but my political panel debates the election results and the Democrats extra efforts to drag things on. Katrina Pierson from Trump Reelection and Chris Hahn are up next, will the Democrats tactics work in Florida? Don't miss this one.

EBONI K. WILLIAMS, CORRESPONDENT, FOX NEWS: Live from "America's News Headquarters," I'm Eboni K. Williams. Two more people found dead from the wildfires in California, raising the death toll to at least 11. The two latest victims were found in Malibu, just west of Los Angeles. Earlier today, the Malibu City authorities said the fire was burning out of control, and ordered a full evacuation, adding to the hundreds of thousands of people displaced by fires throughout California. And in the northern part of the state, the town of Paradise has been practically wiped off the map. At least nine people were killed there yesterday. The fire just engulfing up entire neighborhoods and the downtown business district as well. More than 6,700 buildings were destroyed, most of them homes. More than 30 people are still missing.

For now, I am Eboni K. Williams, back to Judge Jeanine.

(BEGIN VIDEO CLIP)

ANDREW GILLUM, GUBERNATORIAL CANDIDATE, FLORIDA: I am replacing my words of concession with an uncompromised and unapologetic call that we count every single vote.

(END VIDEO CLIP)

PIRRO: Uncompromised and unapologetic call that we count every vote. That was after Congressman Ron deSantis was declared the winner of the gubernatorial race in Florida.

So how is it that Democrat nominee for Governor of Florida, Andrew Gillum withdrawing his concession earlier today as the Florida recount begins, my panel ready to battle it out, Chris Hahn along with advisor to Trump 2020, Katrina Pierson.

All right, guys, how is it that this happens? I'm replacing my word of concession with an uncompromised and unapologetic call. Now, I think, Chris, I'm going to go to you first, but please let's not - let's save time. We all agree that every vote needs to be counted. We don't need to filibuster on that, but why is it, Chris, that in two counties in Florida - - Broward and Palm Beach -- that we keep having new ballots just showing up. How does that happen?

CHNRIS HAHN, RADIO TALK SHOW HOST: Look, I could do is take the word of the Secretary of State of Florida who is appointed by Rick Scott who is one of the candidates in this race, whose office today said there was no foul play in Broward or Palm Beach.

Rick Scott should actually be thanking the incompetence of the Broward County commissioner who designed a ballot that caused 25,000 people in a heavily Democratic district not to vote for US Senate in that race. If there is any wrongdoing there, that was it. It was not intentional, I don't think.

But if the machine recount doesn't count those, people then just skipped over it because of a poor ballot design and that might just make Rick Scott the US Senator probably would make a difference in this race.

PIRRO: That's not the question I asked you, go ahead Katrina.

KATRINA PIERSON, ADVISOR TO TRUMP 2020: Well, look, if we are talking about whether it's incompetence or fraud, you know, Judge, I think there could be a little bit of both here, particularly you heard Gillum choose his words carefully. Every vote should count. Now we are hearing that illegals are voting.

And if you look at what happened in Broward Country today, they have illegal ballots mixed with provisional good ballots, so they don't know which one is which in these boxes. You had a citizen just stumble upon a Broward Country election equipment including a box of provisional ballots? That was completely unattended that were turned in today. I think it's pretty obvious, what's happening here.

Yes, we can do a recount by machine, but the goal here is to find enough votes to get the margin close enough to do a hand count because as every good socialist and communist knows, it's not about the number of votes that get to determine the election, it's who counts them and that's what they are going for.

PIRRO: You know what, Chris, what about the fact - Chris, hold on, what about the fact that this woman, Ms. Snipes was called out by a court of violating two laws, almost suggesting that she be dismissed and she is at the center of either incompetence or at worst, fraud. Who is a Democrat finding more votes for Democrats enough to overturn election calls?

HAHN: Yes, so again, Katrina said they are finding ballots. That's all nonsense. That's not happening. The Florida Secretary of State, a Republican appointed by Scott, has dismissed that allegation, okay, I think that this woman definitely made some mistakes in this election when she designed the ballot poorly.

PIRRO: You're talking about Brenda Snipes.

HAHN: And I think the Florida voters who elected her should reconsider - Brenda Snipes, yes, and I think that the voters who elected her should reconsider sending her back, because clearly, she can't design ballots and that's probably something that's very - that is something that is very important and will probably be the difference in this election.

But all of these allegations that are being thrown around are just not founded on anything. The Secretary of State and the police that were sent there by Governor Scott both said that there has been no wrongdoing there.

PIRRO: Have they even done an investigation to that? Chris, Chris, they haven't even done an investigation.

PIERSON: No, they are doing --

(CROSSTALK)

HAHN: No, no. Hold on. It is the job - it is the job of the Secretary of State to investigate ...

PIRRO: Katrina, answer it.

(CROSSTALK)

PIRRO: Really, he is overseeing ...

PIERSON: They are absolutely doing the investigation now. And here is the thing, Judge, we have a situation here. This is not Broward County's first election. This is not her first election either. So she just what? Suddenly did the wrong ballot? She created a bad ballot?

No, that's not what's happening here. They are not even reporting the numbers to the office in the required amount of time. They are not being transparent here. Again, all of the other counties can seem to manage to get this done, but they can't? You have to pretend to not know what's going on in order to make the argument, Chris, something is not right in Broward County and they need to get to the bottom of it, wouldn't you agree?

HAHN: Right, this is a nice made-up scandal, Katrina, to distract from the President's miserable defeat on election night last week. He lost ...

(CROSSTALK)

PIRRO: Okay, all right, Chris, let me ask you this ...

(CROSSTALK)

PIRRO: So Chris, stop ...

HAHN: ... and this is a nice distraction, I don't know how it is going to end ...

(CROSSTALK)

PIRRO: I'm going to pull your mic, Chris. When I tell to you stop, I want you to stop. Now, listen to me, you said, it's a miserable loss, Bill Clinton lost 52 seats midterm. Barack Obama lost 13 seats and 63 seats I think in 2010 and then this President lost six. You want to call that a miserable loss? You are so wrong. Now keep fighting.

HAHN: He lost. There were 350 Republican losses around this country in the most gerrymandered map that we have ever seen in the history of this country, okay, so for the Democrats to pick up almost 40 seats and flip the House of Representative and only lose maybe one or two seats in the Senate in the worst map that we will ever face, it's a miracle and it's --

(CROSSTALK)

PIRRO: Katrina, last word --

PIERSON: That was basically average. The fact is. Democrats severely under performed in an election where 88% of the nightly news coverage was negative towards the Republicans, towards the President. They were supposed to gain seats in the Senate ...

PIRRO: Chris Hahn and Katrina Pierson, thank you both. You're not used to seeing this guy this late at night. "Fox and Friends" co-host Brian Kilmeade is up way past his bedtime. He'll join me on "Justice" for a revealing chat about his new book and I'll get his take on the craziness of my last panel and in Florida.

BRIAN KILMEADE, HOST, FOX NEWS: It was crazy, yes. They're still talking, I think.

PIRRO: Developing tonight, the Florida recount is now official. So here we go again. Now, my next guest is not only the co-host of our favorite morning show "Fox and Friends," but also a leading nationally syndicated radio host and "New York Times" best-selling author and his latest book, "Andrew Jackson and the Miracle Of New Orleans" is number three on the "New York Times" paperback nonfiction bestsellers list, Brian Kilmeade joining me now.

Meanwhile, nobody is - no one has ever seen you at night. But then again, you were on "Tucker" the other night.

KILMEADE: I was the host.

PIRRO: Yes, you were hosting.

KILMEADE: And you could have memorized your open because you've been on every one of these things. You've been on the radio show, you've been on the morning show and you're on every week.

PIRRO: All right, now Brian, look, you're a guy who covers the news nonstop and you're non-stop energy and you read constantly, the Florida election, let's talk about that first. What is going on down there?

KILMEADE: I just talked to the Scott camp, they are besides themselves early on Rick Scott's camp and I was just speaking to their Chief of Staff and he says, right now they have a lead of 12,500.

Now keep in mind, yes, it was 70, I get it, but they say, if you - they are going now do a recount by machine. They're going to get that done by next week.

They say the 12,500, you may think it's smaller than it was, and you're right, but for this to be overturned it would be five times larger than any recount in history. For the most of part that you will never get 12,500 votes to flip on a machine recount or a hand recount.

PIRRO: But hand recount is easier because what we are hearing from Yvette Herrell in New Mexico and in Broward - they are finding absentee ballots, which every country is able to deliver.

KILMEADE: Well, here is the thing, they are only going to hand recount after the machine recount. They are only going to be looking at under votes and over votes. Under votes meaning, no governor and under votes meaning, they didn't check the box for Senator because it was down to the left and they only checked the box for Republicans. So they believe the under votes, over votes after the machine votes. They think they are going to be fine.

They are disturbed beyond disturbed, but they think they have steadied the ship and they are optimistic that things are going to be okay, deSantis is fine at 36,000.

PIRRO: Yes, that's my understanding that deSantis and fine and you know the thing that aggravates me is when you hear about incompetence in this Brenda Snipes and she is still there.

Rick Scott could have fired her, but he didn't, I don't know why he didn't, but he didn't and now he's suffering the consequences.

KILMEADE: A couple of things. You know this better than I will ever know this. But I did talk to this guy, and I said, why wouldn't you fire her, appointed by Jeb Bush but she wins reelection, to go in and fire somebody that was into elected office is much more difficult than going into IBM and saying Mr. Vice President you are gone.

PIRRO: But, Brian, here's the bottom line, when you have a judge in a case who is willing to not only outline the laws she violated and say she is guilty - she has violated those laws, but then reference another case saying it's the kind that's appropriate for dismissal, the guy is giving them runway for that.

But I want to talk about your book for one second. Now, you have got this "New York Times" best seller "Andrew Jackson." They compare him to Donald Trump. But you, when you see what's going on in America today, we've got half of the country this way, half of the country the other way, people are at each other's houses, yelling in their face. Congress people like Maxine Waters, you make a crowd, you get them out. Is this as bad as it's going to get?

KILMEADE: It is and I think people should take a step back and I think we're coming apart. We're not. We actually did try to come apart in the Civil War. We actually weren't supposed to exist in the Revolutionary War.

A mysterious fog rolls in and allows George Washington's army to get out. In 1812, they burned the Capital to the ground. Now, 5 foot 3 inches President is sitting on his horse by himself, he doesn't know if his wife survived ...

PIRRO: 1812?

KILMEADE: In 1812.

PIRRO: Who? Five foot three? Who was five foot three?

KILMEADE: James Madison. He was sat there on a horse at five foot three - -

PIRRO: How do you know this?

KILMEADE: Because I measured him right before he passed away. Shortest President we had and he had sat there with no leadership ability, but he was able to rally the country. Andrew Jackson did in the Battle of New Orleans, reversed everything.

If you understand where we came from, you will not panic. We are the number one economy with the number one military. Everyone is trying to get here. Still, things have never been better. They could be better because we always want to be better that's part of democracy. We fight in public and people think we are coming apart. That's just the way we do things. Are there rough patches? Yes. We'll come through it. If you understand where we have been, you will not panic where we are.

PIRRO: All right, so you reference the wars, you reference the White House burned down.

KILMEADE: The whole Washington burned to the ground. The British, the number one army in the world were going to finish us off in New Orleans. Hold New Orleans and stop us going past Mississippi. If it wasn't for this kid, this 41-year-old self-taught military general who was able to take his army of 1,200 and make it 5,000 and feed an army of 9,000 in 45 minutes, we would not be the same country.

PIRRO: My kind of guy, Brian Kilmeade. Thanks for being with us tonight. I will see you on "Fox and Friends" next week.

KILMEADE: I love the show, Jeanine. It's great to see you in person.

PIRRO: Yes, especially you at night, I thought you weren't in at night. I never see you at night.

KILMEADE: I've never even seen the studio before.

PIRRO: You've never seen my studio, do you like it?

KILMEADE: Beautiful.

PIRRO: Yes, I like it, too. He's the latest star of Turning Point USA, Brandon Tatum joins me in a moment. How can Donald Trump win over even more African-Americans in his bid for reelection? We'll talk about it next.

With record low African-american unemployment and a thriving economy, Donald Trump has been stealing African-american voters away from the Dems. But should he have more support from the African-American community? And what will this all mean for 2020? Joining me now, Director of Urban Engagement at Turning Point USA, Brandon Tatum. Brandon, good evening, thanks for being with us tonight.

BRANDON TATUM, DIRECTOR OF URBAN ENGAGEMENT, TURNING POINT USA: Good evening to you. Thank you for having me on.

PIRRO: All right, good, I want to talk about African-Americans. You know, some of the polls that we have seen and we have one here that's quite old actually, it shows that President Trump's approval among black voters is at 14%; disapproval, 86%. Now that's Pew and that's from June - July, August, September, October, November - like five months ago. Do you have any numbers like that? What is the standing given all the benefits to the African-Americans have been making under this President?

TATUM: Well, one of the polls that I like to look at on the Rasmussen poll was one of the most accurate polls in 2016 has the African-American support at 36%, double from last year. So I mean, people can talk about polls all they want to, I like the polls, I support it. But the polls don't really tell the true number of support and I have seen firsthand African-American support increase from my social media to people that I talk to every day. Young black leadership, 400 leaders going to the White House a couple of weeks ago. I can see the enthusiasm in the black community, and I think it is just going to grow exponentially as we go forward.

PIRRO: All right, let's assume that the number is somewhere between Pew and the one that you quote. It still should be higher and because African- Americans have never had the benefits of employment as they have under this President who campaigned under what have you got to lose? What else does the President need to do to get more African-Americans to actually admit that they believe in this guy and the economy that he has created?

TATUM: There is three major things that the President needs to do. First thing, this is non-negotiable, prison reform has to get done. We cannot have just verbiage or rhetoric alone. We have to get there is done, have to get it handled. African-American people need relief from policies that were implemented from Bill Clinton in the 1994 crime bill. I mean, those things need to be reversed.

We need to support black leaders going who are going out, going into the community, wanting to be political, activists or people who are going to run for office at some point. Someone like John James who is a tremendous candidate. We have to promote those.

And the President, he has to be strong in his rhetoric and support who for grassroots organizations like Blexit, organizations like what we have ...

PIRRO: Explain - we don't have much time, but what does Blexit mean?

TATUM: Okay.

PIRRO: What does it mean?

TATUM: Simply, it's the black exit from the Democratic Party. It's an opportunity for young African-American people who are sick and tired of the Democrats failing them time and time again, we are going to exit and not only are we going to exit the Democratic Party, but we have to go to something sustainable, and I think the President is on to a good start, but he has to improve.

PIRRO: Brandon Tatum, thank you so much for being with us tonight. And we'll be right back with a special announcement.

Breaking tonight, 14 more bodies found in California bringing the death toll to 23 in the wildfires sweeping through parts of the Golden State. Keep it on Fox News all weekend for updates to this tragic story.

And that's it for us tonight. Remember, pick up my new book, "Liars, Leakers and Liberals: The Case Against the Anti-Trump Conspiracy," it will make a great holiday book. Plus, Fox Nation launches November 27 and on- demand service with live daily opinion shows and documentaries. It's got all your favorite, even moi. Sign up on foxnation.com to become a founding member.

I'm Jeanine Pirro, advocating for truth, justice and the American way. Greg Gutfeld is next. See you next Saturday night. Thanks.

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