This is a rush transcript from “The Story with Martha MacCullum” November 4, 2020. This copy may not be in its final form and may be updated.

MARTHA MACCALLUM, FOX NEWS ANCHOR: Welcome back everybody. Our democracy

2020 coverage continues live at America's election headquarters in New York. I'm Martha MacCallum.

BRET BAIER, FOX NEWS ANCHOR: I'm Bret Baier. Both campaigns tonight say they're on the path to victory in the race for 270 electoral votes.

(BEGIN VIDEO CLIP)

JOE BIDEN (D), PRESIDENTIAL NOMINEE: And I feel very good about Pennsylvania.

BILL STEPIEN, TRUMP CAMPAIGN MANAGER: We are declaring a victory in Pennsylvania.

BIDEN: We have won Wisconsin by 20,000 votes.

STEPIEN: Today, we filed for a recount in Wisconsin.

BIDEN: When the count is finished, we believe we will be the winners.

JASON MILLER, TRUMP CAMPAIGN SENIOR ADVISOR: President Trump and Vice President Pence will be re-elected for another four years.

(END VIDEO CLIP)

MACCALLUM: You hear the confidence on both sides there. But with the Fox News decision desk making two big calls for Joe Biden this evening in Michigan and in the state of Wisconsin, the former vice president needs to win only one more tossup state to become the next president of the United States.

BAIER: Which means those states Nevada, Pennsylvania, North Carolina, and Georgia are all must win now for President Trump. But of course, this is 2020, which means nothing's ever that open and shut.

MACCALLUM: That's for sure. So, with the Trump campaign demanding a recount now in Wisconsin and announcing lawsuits surrounding voting and transparency and observation in Michigan and Pennsylvania, the road to 270 could be a long one.

BAIER: Maybe a bumpy one too. We have Fox team coverage tonight. Kevin Corke is live on the ground in Michigan where we've called the race again for Joe Biden. Bryan Llenas is in Pennsylvania where the votes are still being counted there. Let's begin with Kevin. Good evening.

KEVIN CORKE, FOX NEWS WHITE HOUSE CORRESPONDENT: Evening Bret and Martha.

You're right, the count continues here inside the TCF Center in Detroit.

Even though we've already called this state for the former vice president and I'm going to step out of the camera for just a moment so you can see what's happening here and the real question is, is the GOP at equal footing with the Democrats as you see more than 130 tables here in this room. They continue to go over the absentee ballots, but the argument being made by backers of the president is it's simply not a fair process.

There's a 3 to 1 advantage for Democrats versus Republicans if not more so at tables here inside the building, in fact outside, we saw protesters going back and forth, protesters and counter protesters the argument being they should stop this count until there is equality inside the building.

But because they have not been able to allow as many GOP observers inside the building, they are making the argument that this entire process is flawed and it is subject to the lawsuit that you pointed it out.

Now there's something else that we're going to keep an eye on as the count does continue here inside the building. The secretary of state tells us that this was an historic turnout by Michigan voters, the most ever in a presidential election. Usually, you're looking at between 63 and 66 percent participation among registered voters. Will that number be top say 70, 72 or will it be close to 90 percent as some reporting happened over in Wisconsin? That's the kind of irregularity that is really concerning backers of the president. So, the count continues. We'll keep an eye on it.

But for now, back to you.

MACCALLUM: Thank you, Kevin.

BAIER: Much of the focus right now is on Pennsylvania and a few areas with large numbers of ballots still uncounted. Correspondent Bryan Llenas in Wilkes-Barre with the latest on the vote count in the Keystone State going on right over your shoulder. Good evening, Bryan.

BRYAN LLENAS, FOX NEWS CORRESPONDENT: Bret, good evening. Well about 1.8 million ballots have been counted here in Pennsylvania. That's about 70 percent of the total. There is about 800,000 balance that have yet to be counted. I'm in Luzerne County where they are counting 57,000 mail-in- ballots and there are about 6000 left. They have been here since 8 o'clock this morning. They were here yesterday at 7 AM, 50 county workers counting these 57,000 mail-in-ballots.

Today, Mayor Rudy Giuliani, the president's lawyer said that the campaign is going to be filing a lawsuit demanding that there to be more transparency claiming that Republican poll watchers have not had a chance to watch this process in Philadelphia. Listen

(BEGIN VIDEO CLIP)

RUDY GIULIANI, FORMER NEW YORK CITY MAYOR: Observation is particularly important to satisfy the possibility that you can defraud. This isn't as if you come in and show an identification. So that's where we're going to be seeking here

(END VIDEO CLIP)

LLENAS: Pennsylvania's Democratic Governor Tom Wolf responded. Take a listen

(BEGIN VIDEO CLIP)

GOV. TOM WOLF (D-PA): In Pennsylvania, every vote is going to count. I'm going to fight like hell to protect the vote of every Pennsylvania. I'm going to do everything in my power to make sure that every vote counts.

(END VIDEO CLIP)

LLENAS: Brett, I think it's important that we say there is no clear evidence at all, no evidence at all, that there is widespread voter fraud in Pennsylvania, in fact, in order to get a mail-in-ballot here in the state. You have to one, apply. That application is then verified with your voter registration information and then that mail-in-ballot is sent to you with a very specific barcode to ensure that one ballot equals one vote so that it doesn't get counted twice.

In fact, I spoke to a county manager here who said, frankly, it's probably easier to commit kind of fraud in-person than it is to do it with a mail- in-ballot. So, the system here is secure and they feel very confident in that, especially with the transparency. We're in this room as they're doing it, Bret, Martha.

BAIER: OK, Bryan Llenas, live in Wilkes-Barre, thanks.

MACCALLUM: All right. Joining us now, Chris Stirewalt, Fox News politics editor. Chris, good to have you with us tonight.

CHRIS STIREWALT, FOX NEWS POLITICAL EDITOR: Good evening.

MACCALLUM: You here, Rudy Giuliani, he is very upset about the transparency. The lawyers are engaged in several states on the Trump side.

What do you make of it?

STIREWALT: Well, I mean, at this point, it's chaffe, right? This is a posturing. You're getting set up because they're not sure which way these dominoes are going to fall. So, they're trying to create. So, there's - there's the litigation you do and the lawyering you do to win cases. And then there's the stuff that you do to shape the public narrative and try to create either doubt around results or hold out optimism for, well, this is going to turn out. So, there's an inside game and there's an outside game.

At this point, I think we're still almost entirely outside game.

BAIER: Well, let's take the situation right now out of it as far as Biden's path, could President Trump run the table with a straight flush on the other states that he needs to pick up?

STIREWALT: Sure. Look, the truth is, his way is hard in Michigan, but his way is easier in North Carolina and Georgia. Probably Pennsylvania, you tell me. Right. We have so much vote out in Pennsylvania. And this is something that we have learned through time immemorial. We're spreading it out over a number of days now. But it's the same effect. You get the raw vote from small counties first and then you get the big cities last. You get the R vote first, you get D vote second, generally speaking, in states like Pennsylvania.

This is amplified by the fact that we've got mail. But, yes, there is a way through for Trump, of course.

BAIER: But he's got to - I mean, we've called Michigan for Biden, but he's got to win Georgia, North Carolina, Pennsylvania, and Nevada or as they say, turn Arizona.

STIREWALT: Well, look, of course, when you have a campaign that says keep counting in Arizona, but don't count, but the Pennsylvania late vote doesn't count, you sort of know where they're at. And I don't begrudge any partisan saying anything about any race counting at any point, because that's what they're there to do. That's their job, right? That's their job is to prevent the most advantageous picture for themselves. We don't see Arizona moving and we think Pennsylvania is a tossup, but that's what they're going to say. That's their job. That's their gig.

MACCALLUM: Well, the counting goes on in all these places and we'll see where the count lies when it's all said and done. And that's going to tell the story. Chris, thank you very much.

STIREWALT: You bet.

BAIER: White House Press Secretary Kayleigh McEnany declaring victory for President Trump in Pennsylvania today as those legal challenges take shape in the Keystone State and everyone everywhere else. She's coming up.

(BEGIN VIDEO CLIP)

GIULIANI: How many votes do we have to be ahead? 400,000 is not enough, with 80 plus percent counted. I think there's only 14 percent of the vote to go. Do you think we're stupid? You think we're fools?

(END VIDEO CLIP)

(COMMERCIAL BREAK)

BAIER: So, as we mentioned, the Trump campaign is accusing Democrats of cheating in Pennsylvania, we haven't seen any specific accusations about what exactly they're alleging, but they're filing lawsuits in at least two states to halt ballot counting until the campaign has given increased access to monitor the tallying process. Kayleigh McEnany is here in moments, but first, once again, Chief White House Correspondent John Roberts. John.

JOHN ROBERTS, CHIEF WHITE HOUSE CORRESPONDENT: And just some late breaking news here for you, Bret. You said in at least two states it is now three states. It is now Georgia, Michigan, and Pennsylvania, where the Trump campaign is asking the courts to stop the vote count until Trump election observers get what they call, meaningful access to watch these mail-in- ballots being opened.

Now, the Pennsylvania governor, Tom Wolf, a short time ago disagree with this process, calling it, just wrong, disgraceful. But earlier today, Rudy Giuliani insisting it is the right thing to do. Listen here.

(BEGIN VIDEO CLIP)

GIULIANI: So, we are going to continue the lawsuit here. We're going to bring a second one and then we're going to bring a federal lawsuit and we're going to take a very good look at whether we bring this nationally.

We certainly are going to bring it here in Wisconsin, quite possibly, we'll do a national lawsuit and really expose the corruption of the Democrat Party.

(END VIDEO CLIP)

ROBERTS: But in a tweet this evening, President Trump seeming to discount the significance of this action in the tweet saying, our lawyers have asked for meaningful access. But what good does that do? The damage has already been done to the integrity of our system and to the presidential election itself. This is what should be discussed.

The Trump campaign also intervening in a case that is currently before the U.S. Supreme Court, which would eliminate the three-day extension in Pennsylvania to count mail-in-ballots. That would mean that any ballots that were received after 8 PM last night would be tossed out at the Supreme Court rules with them.

As well today, the Trump campaign making a bold prediction in the Keystone State, that is that ballots are counted. President Trump will maintain his lead and ultimately win Pennsylvania. Here's the campaign manager, Bill Stepien.

(BEGIN VIDEO CLIP)

STEPIEN: We are declaring a victory in Pennsylvania. This is not based on gut or feel, this is based on math. We feel very, very positive that the president, vice president will again deliver a victory in Pennsylvania. In fact, we have a high degree of certainty that the margin won't be close.

(END VIDEO CLIP)

ROBERTS: In a conference call this afternoon, the Trump campaign also confident that the president will ultimately prevail in the state of Arizona. The campaign insisting that there are some 605,000 votes that have yet to be counted. And they believe that those will break the majority to President Trump. He would need 57.73 percent of those votes in order to prevail. And they believe that he can do it.

There's also going to be a request for a recount in the state of Wisconsin.

You might remember, Bret and Martha, there was a recount in 2016. Jill Stein asked for it that netted President Trump an extra 131 votes, which would in 2020 leave him 20,379 votes shy of a win, though, again, there's all this mail-in-voting. Could that change the equation? We will find out when that recount begins. Bret, Martha.

BAIER: John, thank you.

MACCALLUM: Let's bring in Kayleigh McEnany in her personal capacity as a senior adviser to the Trump 2020 campaign. She also serves, obviously, as the White House Press Secretary. Kayleigh, good to have you with us.

KAYLEIGH MCENANY, TRUMP 2020 SENIOR ADVISOR: Good to join you.

MACCALLUM: So, these cases where you're pressing to have more clarity on them, the president said, at this point, the damage has already been done.

So, what do you hope to achieve, for instance, in the Pennsylvania situation? And do you have we're talking to Byron York moments ago, any real evidence that anything untoward has actually happened there?

MCENANY: So, let me start by saying, Philadelphia in particular has a history of very peculiar results you had in the case. 59 different precincts where Mitt Romney got precisely zero votes, which is very unlikely and curious indeed. Just six months ago, you had a Philadelphia judge who was convicted in a scheme to accept bribes as he cast fraudulent ballots four months ago.

You had a Democrat individual who was charged for in 2014, 2015 and in 2016 stuffing the ballot box with fraudulent ballots. So, we want to be on alert. And what that means is having people at the polls, volunteers who can observe how the ballots are counted and ensure that it is counted accurately. Right now, we're not being given that. So that is what this lawsuit is all about, free, transparent observation of what is going on in Philadelphia.

BAIER: What's the ultimate remedy here? Are you trying to close the gap in Wisconsin? John just talked about the last recount in Wisconsin that netted about 300 votes. In Pennsylvania, what is the goal there to question any possible fraudulent absentee ballots and get them tossed out?

MCENANY: So, let me start by saying, the component of being able to observe the ballot count is one component of what's happening in Pennsylvania. We just want to ensure everything is fair because we do believe we're going to prevail. Bret, by the most conservative estimates that we have come up with, very conservative saying we get, let's say, 5 percent of the vote in Philadelphia, 30 percent of the vote in remaining counties. And that is indeed conservative, because when you look at Westmoreland County, when you look at Franklin County, these are counties we carry by 69 to 80 percent.

I am saying if we only count 30 percent of that for Trump, which we believe it will be far more, we anticipate winning Pennsylvania by 40,000 votes, which is why we have declared victory. Nevertheless, we want to ensure that there is fair counting. When you look at a state like Michigan, whether this is your reporting, Matt Finn from Fox News' reporting putting out papers, so we're not allowed to observe spoiled ballots and whether they are rejected or counted, that is a problem. So, we want fairness because we're going to win in a free election where the votes are counted fairly.

MACCALLUM: Yes, well, I think that transparency is something everybody can understand the desire to have. Bill Hemmer is up at the Billboard, Kayleigh with a county-by-county look at the states that are still outstanding. But you say that you believe that you can, in the end prevail, the Trump campaign prevail in Arizona. So, Bill, if you could take us through the outstanding vote areas in Arizona and let's do a little back and forth here on what it really looks like.

BILL HEMMER, FOX NEWS CORRESPONDENT: I was just with the decision team just about 15 minutes ago or so. We called it late in the night last night.

BAIER: There were 76 percent in by that time, not one percent.

HEMMER: And now you're at 84 percent, two in Arizona. Here's our understandings. The 500,000, 600,000 votes that are still outstanding. This is Phoenix's Maricopa County. And this is a lot of votes here. All right.

This is Pima County. So, this is Tucson, Arizona. Not as many votes, but still pretty populated area here.

It's our understanding at the moment that Donald Trump needs to perform two points better than he is at the moment. If he does that, then Kayleigh has got an argument there. But at the moment, it doesn't appear that he's hitting that number. Now, with the Trump campaign would argue that a lot of these rural counties outside of Phoenix and outside of Tucson still have to check in and they believe they will be votes for the red team. But at the moment on the board, guys, we still have Arizona, 11 electoral votes in Joe Biden's column.

MACCALLUM: Kayleigh, what do you say to that?

MCENANY: So, here's our analysis. We believe we will prevail in Arizona and here's why. That's correct. What Bill said, about 600,000 ballots outstanding. About 400,000 of those are right there in Maricopa County, which is crucial. They've released party ID of these ballots. There are more Republican ballots than Democrats, and we believe the unaffiliated ballots will break our way at the end of the night. Last night, we were pulling in about 62 percent of the ballots in Maricopa County of the Election Day voting, and we only need about 57.7 percent to prevail in Arizona.

So, we believe we win. In fact, we're predicting by about 30,000 votes we win and there will be a very good drop, it looks like tomorrow morning in Maricopa County, which we think will change the analysis.

MACCALLUM: Do you believe that without that there's no path to 270 for the president?

MCENANY: Look, anything can happen, which is why we're doing the recounts in Wisconsin, which is why we were looking at Michigan as well, having those poll observers. So, we're looking, but we believe certainly the path runs through Arizona, Pennsylvania, keeping Georgia, which we're already in the lead there, and a substantial lead, more than nearly 300,000 ballots in Pennsylvania.

BAIER: So, if you're looking in your crystal ball here about how long this takes before either you're in a position where you, President Trump gets to

270 or concedes the presidential election, how long does that take?

MCENANY: So, we believe the American people deserve answers, which is why we are in court currently fighting in Pennsylvania, they want to count ballots that come in three days after. We have election days in this country for a reason because votes are counted on Election Day. So, we are fighting for the American people to know sooner rather than later. We want the votes to be counted--

MACCALLUM: But Kayleigh, we always have had provisional ballots and military ballots, things that get counted later. The votes have to be in by November 3rd. That was what their state legislature and their court system agreed to, that it had to be postmarked by November 3rd and then counted.

So, the voting is happening on Election Day. It's just how long it takes to get them counted. Three days.

MCENANY: In Pennsylvania, they want to extend a rival for three days after.

And the legislature, you're right, determines the time, the manner, and the place in which an election happens. And we believe if we go to the Supreme Court on this, we don't even think this will be necessary. Let me start there by saying we're going to win outright. But should those three extra days of ballots matter, we believe will prevail at the Supreme Court.

But again, we don't think we're--

MACCALLUM: Even if the person voted on voting day, even if they voted on November 3rd in Pennsylvania because they were told that that was OK to do, you're going to throw their - toss their ballot out if it doesn't come in until the day after or two days after.

MCENANY: No, we believe every vote on Election Day should be counted. But it's those that arrive after the Election Day that we are fighting.

MACCALLUM: Even if they already voted on November 3rd, which is the postmark.

MCENANY: We're fighting for those that are after November 3rd, we want Election Day ballots to be counted and we will prevail. And I think that it will be a mere hypothetical what we're talking about now, because we will prevail by 40,000 votes estimated in the state of Pennsylvania.

BAIER: Real quickly, Kayleigh, the RNC Chairwoman, Ronna McDaniel and Brad Parscale, according to The New York Times, told President Trump to spend more time in Arizona, but he resisted, because he did not like traveling west and spending the night on the road. Can you confirm that?

MCENANY: That's absolutely not the case. I've been with the president several times where he said, let's go out to Arizona, let's go out west. We made, I think, three out west trips in the course of a month and a half. He loves talking directly to the American people. He did not take Arizona for granted. And it's why we think we will be victorious there and we will be victorious, and President Trump will get four more years.

BAIER: Kayleigh, we appreciate your time. Thanks for coming on.

MACCALLUM: Thank you, Kelly. Good to see you tonight.

MCENANY: Thank you, Bret. Thank you, Martha.

BAIER: Joe Lieberman was Al Gore's running mate in 2000 during the historic Florida recount. Remember that? He joins us next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

BIDEN: And now, after a long night of counting, it's clear that we're winning enough states to reach 270 electoral votes needed to win the presidency.

(END VIDEO CLIP)

MACCALLUM: So that was Joe Biden earlier adding Wisconsin and Michigan to his column today, projecting confidence as he spoke in Wilmington, Delaware, once again a few hours ago. Correspondent Jacqui Heinrich live in Wilmington. Hey, Jacqui.

JACQUI HEINRICH, FOX NEWS CORRESPONDENT: Good evening, Martha. The Biden campaign called a lead, we do not expect to hear from the former VP again tonight as we await more totals, but the set up behind me will stay in place for tomorrow. And once all of the votes are counted, Biden is planning a victory speech geared toward uniting a divided American people.

(BEGIN VIDEO CLIP)

BIDEN: The presidency itself is not a partisan institution. It's the one office in this nation that represents everyone. Our work is hard for those who didn't vote for me, as it will for those who did vote for me.

(END VIDEO CLIP)

HEINRICH: And the way the Biden campaign sees this, the other side has been trying to get voters to believe this tabulation process is mythical, secretive, and rife with cheating. And they've been trying from the outset to effort an opposite kind of approach including with their early voting data.

And then now showing what kind of lawsuits they think that they should expect from the Trump campaign and Republicans and why they think that the president cannot win them.

Using a PowerPoint presentation, former Obama White House counsel Bob Bauer displayed recent lawsuits from the Trump campaign and Republicans in Michigan, Nevada, and Pennsylvania and explained why they were struck down.

The cases ranged from efforts to stop ballot counting, to efforts to disqualify ballots from drop boxes, in-person absentee voting, and early in-person voting. And they feel confident the high court will not side with Trump.

(BEGIN AUDIO CLIP)

BOB BAUER, BIDEN CAMPAIGN ADVISER & LAWYER: If at some point he arrives before the Supreme Court with a novel proposition that ballots that were lawfully cast by eligible voters, but not yet counted by the time Donald Trump wanted them counted, that somehow they don't count anymore? He will be in for one of the most embarrassing defeats a president ever suffered for the high court of the land.

(END AUDIO CLIP)

HEINRICH: Now, the Biden campaign is so confident in their projections, that they launched the official Biden-Harris transition team website tonight. And the campaign said they will continue these election security briefings to show people what they are seeing from there and as they fight off these claims from the Trump campaign. Martha?

MACCALLUM: Jacqui, thank you.

BAIER: Joining us tonight, former Connecticut senator, Joe Lieberman, the Democratic vice presidential nominee during the Bush-Gore Florida recount of 2000. Senator, thanks for being here. I remember that well. I'm sure you do too. You were getting ready, it seems like, Senator, for a couple more of these, maybe even three. Wisconsin, may be Georgia, may be Nevada. Your thoughts on where things stand right now.

JOE LIEBERMAN, FORMER SENATOR OF CONNECTICUT: Yes. I was thinking, that we spent more than a month in Florida recounting, litigating, et cetera all the way up to the Supreme Court. And it looks like now they may be three, four or five Florida after yesterday's Election Day.

But you know, this is very American. And I want to say there's a good side to it, which is in America, we're a rule of law country. We settle our conflict in court. We don't try them out in the streets.

And I think it's very important that both parties, both presidential candidates make very clear to their supporters that it's in the courts that this will be decided and they've got an opportunity to make the case that they want to make.

That's what happened in 2000. They also reached a point where after the Supreme Court of the United States went with the Republicans with the Bush ticket, some of the lawyers for our ticket argued to Al Gore that he could go back to the Florida Supreme Court and ask for a statewide recount.

And Al decided, much to his credit, that it was time to end it, that the Electoral College was going to meet the following week and that the inauguration was a month away and we had to move on to an orderly transfer of power.

As my appeal to both parties, both candidates in this year's election, it has to -- it ought to be fought out in court, but it has to end at some point for the good of the country.

MACCALLUM: Good point. Senator, Martha MacCallum here. You know --

LIEBERMAN: Hey, Martha.

MACCALLUM: Hey there. So, when you look at this situation, do you have question marks about the millions of mail-in ballots in this unique moment that we're living in? Would you be raising questions in that situation?

LIEBERMAN: This is unprecedented. I mean, both the number of mail-in ballots, presumably, because of the pandemic and people didn't want to go out to vote, but also because of the staggered and inconsistent counting of votes.

And look, yesterday's election was a lot closer than most of the experts, including the pollsters, thought it would be. So, you've got to give two things. One, is you got to give President Trump credit for that. He has a very loyal following.

The second is, it showed how deeply divided the country is. The third is, it was so close in so many states that the Trump campaign has a right to make his case to the courts. But as I say, at some point, it's got to end if they don't win on the courts for the good of the country.

MACCALLUM: Senator, thank you.

BAIER: Thank you Senator.

MACCALLUM: Good to see you tonight.

LIEBERMAN: Thank you (inaudible).

MACCALLUM: So election attorney Tom Spencer who served as co-counsel for President Bush during the 2000 Florida recount which we're reliving and looking -- re-examining after this, stay with us.

(BEGIN VIDEO CLIP)

GEORGE BUSH, FORMER PRESIDENT OF THE UNITED STATES: There was a count on election night and there's been a recount in Florida, and I understand there are still votes to be counted, but I'm in the process of planning, in a responsible way, a potential administration.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

KARL ROVE, FOX NEWS POLITICAL CONTRIBUTOR: Whether they'd be in Florida, Florida, Florida. It's Pennsylvania, Pennsylvania, Pennsylvania, which will be interesting because as we know, look, they voted six-point -- over 6 million voters the last time around and we have 2.5 million mail-in ballots this year and they're going to have a long time and a lot of work to do to get those counted.

(END VIDEO CLIP)

MACCALLUM: And we are still waiting for that one. That was Karl Rove early election night prediction coming into focus with Pennsylvania shaping up as the key epicenter for this election.

BAIER: Here's a look at the latest data we have on the vote. Really still being tallied in the Keystone State. Mail-in ballots as we've been talking about, can be received and counted through Friday. Correspondent Aishah Hasnie is live in Philadelphia with the latest tonight. Hi Aishah.

AISHAH HASNIE, FOX NEWS CORRESPONDENT: Hi. Good evening to you both.

You've got about just 100,000 mail-in ballots here in Philadelphia that still need to be counted. About 160,000 ballots still left statewide that need to be counted.

Governor Tom Wolf and his secretary of state just a short while ago really pushed back on the Trump campaign filing this lawsuit to temporarily stop the vote counting altogether. The secretary of the commonwealth said this, we will oppose any effort, every effort to shut down the vote. We have no anticipation that the count is going to stop.

Now, of course, this all comes after the Trump campaign was here in Philadelphia this afternoon, clearly flustered with the vote counting process here in this state, claiming that there has been a lack of transparency.

Now, this is a live look at the ballot count happening right now at the Philadelphia convention center. The Trump claims that they have video, apparently, from Pennsylvania that shows Republican ballot observers being kept some 30 feet away.

They say that their observers can't really see anything. They are having to use binoculars. They have no way of seeing if the ballots have proper signatures or if they are postmarked correctly. They've even made some allegations about intimidation tactics possibly being used against their observers. Here is the president's son, Eric Trump.

(BEGIN VIDEO CLIP)

ERIC TRUMP, SON OF DONALD TRUMP: We are going to win Pennsylvania, but they are trying to cheat us out of it, because they know it's their only path to victory. They know it's the only path to victory. And so we came here today, we met with all of our lawyers. We are going to file a suit in Pennsylvania. It's a shame that we have to do that. It's the last thing that we wanted to do. It's the last thing my father wanted to do.

(END VIDEO CLIP)

HASNIE: Look, people are frustrated here in Pennsylvania. A group of about a dozen protesters has now grown to hundreds. They are marching around Center City here in Philadelphia. Some are holding signs that recount every vote.

The commissioners that oversee Philadelphia's vote counting, they were here a short while ago to give us an update. They say, look, we think that everything has been above board. We have been telling you to watch that live feed of the ballot counting. You could watch it for yourself and see for yourself what's going on. \

I was taken back there yesterday. I was in that room to watch the ballot counting happening live in person. Now, I couldn't see what was written on those ballots. I was further way than where the observers were standing.

But I could tell you that they could definitely see if there was, you know, some activity like tossing a ballot away or perhaps tearing it up. They could see that. I can't tell you though if they could actually see the words written on those ballots and that is what's being disputed right now.

Back to you.

MACCALLUM: Thanks Aishah.

BAIER: Here now on the looming legal side, election law attorney, Tom Spencer. He served as co-counsel for President Bush during the Florida recount of 2000. Thanks for being here.

TOM SPENCER, ELECTION ATTORNEY: Great.

BAIER: Your thoughts on what we may be facing. We are facing a number of lawsuits filed, a number of recounts that could be coming down the pipe here.

SPENCER: Well, first, I don't understand why the Democrats are whining about lawsuits. They filed lawsuits six months ago and were successful in Democratic run states to loosen up the security apparatus for mail-in ballots.

They used COVID as the reason, and many courts and public officials granted their request to loosen up signature matches to get ballot boxes, which were unsupervised and insecure and get ballot harvesting in some states, which they never had before.

And so, I understand the angst of the president and I think that the Democrats need to just calm down and remember that they've had their day in court, and now the Republicans are going to have -- and the president is going to have his day in court. And that's the way our system runs.

And in the final analysis, this is about math, it's about perception, it's about faith in the integrity of the vote, and we're going to have a solution and somebody is going to win, and somebody is going to lose.

MACCALLUM: Tom, I wonder what you think of the approach. I don't know if you saw Rudy Giuliani earlier today, but how would you go at this? If you think it's justified, what do you think is their best approach?

SPENCER: I think that there's a lot of passion involved and, you know, just like Dave Bossi said in his book, let Trump be Trump. I would let Rudy be Rudy. And, you know, it's all rhetoric on both sides until the final analysis and a judge bangs that hammer and says, here is who wins and here is who loses.

BAIER: So you don't get any sense that there is a lack of fight here or that they are going to somehow, you know, stop doing what they are doing as far as the lawsuits or the recounts or anything else?

SPENCER: No, absolutely not. And why should they? You know, there are lawsuits and there are disputes over procedure and they are real questions.

They are real questions as to why the Supreme Court of Pennsylvania, which is populated by partisan judges who are elected on party basis, took it upon themselves to change the rules of the game, you know, and using COVID as a reason.

BAIER: Well, thank you very much for the time. We appreciate it.

MACCALLUM: Yes. Interesting point. Tom, thank you very much. Good to see you tonight. Coming up, Guy Benson, Mark Thiessen, and Richard Fowler on whether pollsters missed the mark on this election, next.

(COMMERCIAL BREAK)

MACCALLUM: A live look tonight at the results in Nevada at this hour. Joe Biden holds a very slim lead there over the president with 75 percent of that vote coming in so, too early to call that. Let's bring in our panel.

It's great to have all of you with us tonight.

MARCH THIESSEN, FOX NEWS CONTRIBUTOR: Good to be with you.

GUY BENSON, FOX NEWS CONTRIBUTOR: Hi, Martha.

MACCALLUM: Guy, let me start with you, you know, much has been said about the polling, about its impact, about how off it was. I just took another look through these numbers this evening and really, there was almost -- there were almost no polls that showed President Trump ahead in any state.

BENSON: There are significant, I think, systemic problems in American political polling. And I think people who deny that are missing something.

And I don't know how you could miss it, frankly, because if you go back, I went back just for fun today because this is how I have fun.

I went back to 2014, 2016, 2018, big races to see what the polling differential was, and in almost every case that I could find where there was a big surprise and the outcome turned out to be, whoa, it wasn't going to be like that based on the polling and the other side actually won.

In almost every case, the polling had underestimated what the Republican ultimate win margin was or their vote total was or rather, their vote share.

So I think we have seen this now in four consecutive cycles and you'd think there'd be enough people in the polling industry, aside from some outliers who they all make fun of like Trafalgar, those are weirdos, those yahoos, ignore that, don't put them in your averages.

And then the yahoos are looking a lot closer to reality than the A plus pollsters. That's a problem and the one example I'll give because there are many from this cycle, Susan Collins and her dominant win. She won by nine points.

MACCALLUM: Yes.

BENSON: She won a majority in her state. No one was expecting it, perhaps because she did not lead in a single public poll on RealClear Politics all year. From January until now, zero polls she led in. And then she won by nine.

MACCALLUM: And they keep -- I mean, you know, it's good that politicians ignore the polls because, otherwise, they would all give up.

BAIER: You know, Mark, first of all, there may be systemic problems in how guy has fun, but we'll analyze that later.

BENSON: No doubt.

BAIER: Mark, you know, like a place like Ohio going in, the average had Biden up four. Trump wins by eight -- eight. And then you look at the House races where House Republicans win 25 of the 27 toss-up races that these different groups had listed. It's pretty stunning, the turnaround that we saw last night.

THIESSEN: No, remarkable. And then none of the polls had Tillis ahead, except for at least in the last month. In Florida, almost all of the polls had Donald Trump losing by four or five or six points. In Wisconsin, "The Washington Post," my newspaper, "The Washington Post" poll had Donald Trump losing by 17 points, you know.

That's about -- that gets the award for the most off of the entire election. But here's the question, I mean, as you said the other night, this is even worse than 2016. And it's really a catastrophic failure of polling.

And so the question is, and this is why we're having so much trouble now in the aftermath of the election, because if those voters look at this and they say, if the media and the pollsters did such a bad job predicting the election, how can we trust them to call it? You know, we're hearing all these people questioning the Fox decision desk --

BAIER: Fair enough.

THIESSEN: -- you know, their decision on Arizona is like they're saying, well, you didn't get -- all these polls didn't get these right, why should we trust you guys? And so, you know, they're legitimately saying, let's wait for the vote to get counted and let's challenge every bad ballot and let's make sure that we wait until the actual results. And I think that's a fair thing for them to ask.

BAIER: I don't mean to sound defensive, but if we're going to call it, pull it back, we will. The vote is continuing.

THIESSEN: Yes. Of course.

MACCALLUM: It is. The numbers are what they are.

BAIER: The actual votes will determine the --

THIESSEN: And you may be right.

MACCALLUM: Exactly.

THIESSEN: We may be right and we may be vindicated, and that's fine. But I think people just -- I think there is a general breakdown in trust between the media, and if you look at most of these polls, I mean, not all of them, but a lot of them are media polls.

"The Washington Post" poll, you know, the ABC News, NBC News that are getting these things wrong. There's a general distrust of the media and our objectivity. And so, you know, we have to earn that back.

MACCALLUM: You know, just and how the media reads what's going on in the country, listen to this -- this morning -- from this morning on "Morning Joe."

(BEGIN VIDEO CLIP)

CLAIRE MCCASKILL, FORMER SENATOR OF MISSOURI: We can't go back to assuming, just because we think Donald Trump is an outlier in terms of what this country represents and who he is and how he behaves, that he is not connecting with a lot of American people in ways that frankly, for a lot of us, it's hard to understand.

WILLIE GEIST, MSNBC HOST: We can officially say that now, that Donald Trump is not a fluke, he's an outlier, he's not an aberration. Just look at the vote totals from last night.

(END VIDEO CLIP)

MACCALLUM: It's a very close election, Richard. What's the lesson from that?

RICHARD FOWLER, FOX NEWS CONTRIBUTOR: I think the lesson is this. I agree with Guy and Mark on this particular point. I think both parties have become far too over reliant on polling. And because of that, they've sort of -- they have supplemented polling for actually doing the real work.

Going out into community and having conversation with your neighbors and telling them about your issues and ask them to go vote for you, right. So, if you say, oh, well the polling is good here so we don't have to go here.

We don't have to have a conversation with these people about their issues.

And we saw that happen all across the country, both Democrats and Republicans. And I think Bret is right when you talk about how it's doing down ballot. That's where the polling blunders, I think, had the biggest impact, in Senate races and in House races.

MACCALLUM: Yes.

FOWLER: Folks -- Democrats who lost some big league (ph) races in Miami- Dade County because of this and I think part of that is a result because the polls say we're going well, so we're not going to do as much outreach as we need to, to the polls that matter. So hopefully in the next election

BAIER: But it also goes the other way. I mean, there could be some people that don't show up because they're like, that one's gone, I'm not even going to show up for that race. So, it goes both ways. Guys, we got run.

MACCALLUM: Thanks guys.

BAIER: Listen, the secretary of state in Nevada says noon eastern tomorrow numbers coming in.

MACCALLUM: And we will be here to cover it, Democracy 2020 coverage continues after a short break. Stay with us.

(COMMERCIAL BREAK)

MACCALLUM: That does it for our special coverage of the 2020 presidential election for tonight anyway. I'm Martha MacCallum.

BAIER: And I'm Bret Baier. Tucker starts right now. We'll see you tomorrow, 11:00 to 1:00.

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.