Trump legal team to file new ballot lawsuits

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Trump legal team to file new ballot lawsuits

Attorney Sidney Powell discusses the team’s legal strategy to address election integrity concerns on ‘Sunday Morning Futures.’

Nov. 8, 2020 – This is a rush transcript from “Sunday Morning Futures” November 8, 2020. This copy may not be in its final form and may be updated.

MARIA BARTIROMO, FOX NEWS ANCHOR:  Good Sunday morning, everyone. Welcome to "Sunday Morning Futures." I'm Maria Bartiromo.

A divided nation. The news media announces Joe Biden will be the 46th president of the United States, and he presents himself last night.

(BEGIN VIDEO CLIP)

JOE BIDEN (D), PRESIDENT-ELECT:  The people of this nation have spoken.

(CHEERING AND APPLAUSE) 

BIDEN:  They have delivered us a clear victory, a convincing victory, a victory for we, the people. We have won with the most votes ever cast for a presidential ticket in the history of the nation, 74 million.

(CHEERING AND APPLAUSE)

(END VIDEO CLIP)

BARTIROMO:  While, at the White House, President Trump says the votes are wrong, and he is readying new lawsuits to drop tomorrow morning and all week, this upcoming week, containing what he says is evidence of voter and ballot fraud, potentially a stolen election.

Coming up, Rudy Giuliani and Sidney Powell make the president's case right here.

Also, the road ahead, as multiple state lawsuits move through the federal court system, with constitutionalist Senator Ted Cruz here live on a case that may go all the way up to the Supreme Court, plus, Senator Lindsey Graham and GOP Leader Kevin McCarthy on how Republican victories in the House and Senate occurred, while the president reportedly lost.

All that and a lot more, as we look ahead, right here, right now on "Sunday Morning Futures."

But, first, President Trump responding to the media's announcement of a Biden presidency yesterday with this statement.

"The simple fact is, the election is far from over. Joe Biden has not been certified as the winner of any states, let alone any of the highly contested states headed for mandatory recounts or states where our campaign has valid and legitimate legal challenges that could determine the ultimate victor. In Pennsylvania, for example, our legal observers were not permitted meaningful access to watch the counting process. Legal votes decide who is president, not the news media," writes the president.

Joining me right now is former New York City Mayor, President Trump's attorney, Rudy Giuliani.

And, Rudy, it is wonderful to have you this weekend. Thanks very much for being here.

RUDY GIULIANI, ATTORNEY FOR PRESIDENT DONALD TRUMP:  Thank you for having me, Maria.

BARTIROMO:  So, I know that you have been working all weekend on this.

The first question everybody wants to know is, what is the evidence the president has alluded to in terms of ballot fraud? What can you tell us?

GIULIANI:  Well, I mean, first of all, there's a lot of evidence. Let me see if I can summarize it by state, some of it developed, ready to go into the lawsuit tomorrow and Tuesday and Wednesday.

In Philadelphia, we're the furthest ahead. We have about 60 or 70 witnesses in Pennsylvania, in Philadelphia and in Pittsburgh. In Pittsburgh, we have observers who were for 24 hours kept out of the room or kept away from the room where they were counting the mail-in ballots, which, of course, are highly suspicious ballots.

During that period of time, at least 135,000 ballots were counted, none of which were observed by any Republican observer, as the law requires, and as is really necessary, given the fact that these ballots came in late, they were being brought in by bundles.

It looked very much like they were trying to make up the 700,000 difference that they had from election night.

Then, you go all the way across the state to Pittsburgh, and we have exactly the same situation happening, Republican observers being kept so far away that they had to try to use binoculars to see the ballots. They couldn't accomplish that. They count about 300,000 ballots that went through that process.

And even though we went to court, and we were allowed to move six feet closer, the Democrat machine people moved the counting place six feet further away.

This is documented on videotape. There are upwards of 50 witnesses. And this will be the subject of a lawsuit that we file tomorrow for violating civil rights, for conducting an unfair election, for violating the law of the state, for treating Pittsburgh and Philadelphia different than the rest of the state, which is an equal protection violation, which goes under Bush vs. Gore.

I mean, this is something that just has to be addressed. There are at least

-- and it's going to go up, Maria, I know it, because we haven't even had Lackawanna County yet.

So we're at now 450,000 definite mail-in ballots that they separated from the envelope, threw the envelope away. We can never tell if they're valid or not. They could have all been done by one person.

BARTIROMO:  Oh.

GIULIANI:  And we didn't get a chance to observe.

It is required that both sides observe. And why wouldn't they let us observe? You have to be stupid not to figure out why, because, for three days, they were laboring mightily to make up the 700,000-vote deficit they had in a city that is an epicenter of voter fraud.

Over the last 60 years, there have been so many cases of voter fraud in Philadelphia. Joe Frazier voted in the 2018 election, five years after he was dead. Will Smith's grandfather voted twice after he died.

So, then we're going to be -- then we're going to be looking at dead persons' ballots, which may actually be very, very substantial. And then another one that might be just as challenging, except we need a little more time, a lot of -- there was a lot of backdating, backdating of votes that came in after the deadline.

And we have evidence now from not only the post office, but from others, that there was backdating.

I can only tell you right now that amounts to about 2,000 or 3,000 votes, but that could be much, much bigger.

BARTIROMO:  Right.

GIULIANI:  Then we have dead people voting.

BARTIROMO:  I mean...

GIULIANI:  We haven't analyzed that yet.

BARTIROMO:  Right.

GIULIANI:  And then we have people who say they didn't vote, or they did vote, and their vote hasn't been registered.

You put that all together, we're up to about 800,000, 900,000 votes that were completely invalid. And we haven't even...

BARTIROMO:  So...

GIULIANI:  We only had three days of investigation.

In Michigan, we have a similar situation. Numbers are a little bit less.

Go ahead, Maria. You were going to ask me. I'm sorry.

BARTIROMO:  So, the president is going to be dropping these lawsuits tomorrow.

I mean, what can you tell us about how many? Is this state-by-state lawsuits? Is this one big lawsuit? And do you believe that you have enough to actually change the fate of the election?

GIULIANI:  Well, I think we have enough to change Pennsylvania.

The Pennsylvania election was a disaster. I mean, I only gave you the highlights. We have people that observed people being pushed out of the polling place. We have people who were suggested to vote the other way and shown how to do it. I'm giving you the big picture, where the numbers are such that you could reverse the call.

That is the 450,000 that were not observed of mail ballots. And, remember, the mail ballots were said from the beginning to be fraught with fraud. And instead of taking more care with them, they handled like a Star Chamber proceeding.

They literally counted these ballots in secret, and they counted these ballots in secret for only one reason. These ballots were always the ballots they were going to use to try to catch up if they were behind. And it is not a coincidence that it happened in eight different Democrat states, which means there had to be an order from somewhere.

So, where do we have them? In -- we have big numbers definitely in Michigan. Not quite the numbers that we have in Pennsylvania, but enough to overturn the result there.

It looks like we are going to have very big numbers in Nevada. We have pretty big numbers in Wisconsin. We have four or five witnesses already in Georgia. We have similar numbers in Arizona. So, we got have five states in which we have the same three issues, not being allowed to look at the mail- in ballots at all.

BARTIROMO:  So, are you -- right.

GIULIANI:  People who have backdated, who really have backdated entries. In other words, they were supposed to be in by close of business on the 3rd.

It actually says the 4th. They changed it to the 3rd.

BARTIROMO:  Mm-hmm.

GIULIANI:  And then we have dead people voting, and we have people whose vote wasn't counted.

That's in all of those states. And I think the first lawsuit will be Pennsylvania. The second will either be Michigan or Georgia. And over the course of the week, we should get it all pulled together.

But those are facts of fraud, not allegations of fraud.

BARTIROMO:  So, you...

GIULIANI:  Yesterday, I don't -- I can't show all the witnesses. First of all, they're scared.

BARTIROMO:  Yes.

GIULIANI:  But I showed two of the 50 witnesses.

In fact, now we have shown three of the 50 witnesses, and I'd be happy to put out one or two more just to show people. They say to you, where's the evidence? I point to the witness. There's the evidence, my friend.

BARTIROMO:  Yes.

GIULIANI:  I know Democrats aren't used to it. It's called the witness taking an oath, swearing under oath.

BARTIROMO:  So, you're saying -- so, you're saying that this is not episodic, local situations and mistakes about dead people?

(LAUGHTER)

GIULIANI:  No.

BARTIROMO:  You're saying this is systematic? You're saying this is systemic?

GIULIANI:  Ten states.

Well, I will tell you what is systemic, not allowing us to see the mail ballots. They -- and I'm going to tell you. I know why.

That, I think we can prove by circumstantial evidence and a little bit of direct evidence.

BARTIROMO:  But...

GIULIANI:  This was a nationwide plan by the Democrats to catch up.

So, you don't keep people...

BARTIROMO:  But, Rudy, are you getting -- are you...

GIULIANI:  Go ahead.

BARTIROMO:  Are you being flat-footed? I mean, did you get flat-footed?

We were talking about the potential for cheating. I mean, even I said, look it's hard to give them the benefit of the doubt after we know what happened in 2016 with the coup going into this.

So, how come the observers weren't in place? Were you flat-footed now after the election?

(CROSSTALK)

(LAUGHTER)

GIULIANI:  No. No. No.

Why do you think we know about it? Because the observers were in place, and they were pushed out of place.

BARTIROMO:  OK.

GIULIANI:  The first lawsuit was brought on the day of the election. We couldn't have brought it any earlier.

The first lawsuit in Philadelphia was brought on the day of the election.

The day after the election, while they were counting, the court allowed us to be six feet closer, and they moved six feet away.

No, we brought this at the earliest possible moment that it started.

BARTIROMO:  So, you're saying you have got 10 lawsuits -- you have got 10 lawsuits coming out in this upcoming week? You're...

GIULIANI:  We have -- right now -- right now, we -- right now, we have one.

We have two that are being drafted, and the potential is 10. We haven't investigated all the rest of those states.

BARTIROMO:  OK.

GIULIANI:  But we have evidence in the rest of those states.

You want an estimate? By the end of the week, we will have four or five.

BARTIROMO:  Rudy, before you go, where is the Department of Justice? Where is Bill Barr on this?

GIULIANI:  And I can only emphasize -- well, everybody asks me that.

BARTIROMO:  If this was systemic, and you have got all of this evidence, where is the DOJ?

GIULIANI:  The answer to that is, I don't know, and I can't worry about it.

And when you say we were flat-footed, that really isn't fair. I mean, we had about 8,000 people out there. And they started registering these complaints at about 8:00 in the morning.

BARTIROMO:  OK.

GIULIANI:  And the legal team here took action immediately.

All during Election Day, we were bringing actions in court, so we can preserve this. But, you know, it takes a while to collect 2,000 affidavits, of which we have about half now.

BARTIROMO:  OK.

So, in other words, you're saying that -- will the president concede anytime soon, I guess, is my final question, given all of this?

GIULIANI:  It really would be wrong for him -- at this point, it would be wrong for him to concede.

There is strong evidence that this was an election that, in at least three or four states, and possibly 10, there -- it was stolen. In other words, it was based on false votes.

Now, you can't let an election go into history without challenging that.

BARTIROMO:  And -- right.

GIULIANI:  I mean, Gore got two months to challenge it.

BARTIROMO:  So, how long will this take, Rudy?

GIULIANI:  I think they would give him at least the two months, right?

BARTIROMO:  How long do you expect all of this...

GIULIANI:  Gosh, I...

BARTIROMO:  Through the federal court system, how long will this take?

GIULIANI:  I'm going to do it -- I am -- and I'm not the only one doing this. There are many, many lawyers.

We're all doing it as fast as we possibly can, consistent with being able to put it together correctly.

I think the Pennsylvania situation...

BARTIROMO:  Are you expecting it to go to the Supreme Court? Are you expecting it to go to the Supreme Court?

GIULIANI:  I don't -- I mean, I can't predict that. Nobody can predict it.

But, you know, more likely than not, this is not going to get resolved at the state court level.

I mean, they're not going to accept a decision of disqualifying 500,000 votes in Pennsylvania.

BARTIROMO:  All right.

GIULIANI:  And we are sure not going to accept a decision that doesn't account of the fact that we were cheated.

BARTIROMO:  Rudy, we're going to talk with Sidney Powell later in the show, and I'm going to ask her about this Dominion software system.

I just wonder. I know that there were some glitches.

GIULIANI:  She knows a lot more about that than I do.

BARTIROMO:  OK. OK.

GIULIANI:  There were.

BARTIROMO:  Rudy, it's good to see you this morning. And, of course...

GIULIANI:  There are some that have resulted in -- there are some that have...

BARTIROMO:  Yes.

GIULIANI:  Well, and Sidney -- Sidney is on top of that. She knows the whole thing.

BARTIROMO:  We will talk with her later on in the program.

Thank you so much for joining us. We, of course, will be covering this, Rudy. Thank you.

GIULIANI:  Yes, there will be plenty more this week.

BARTIROMO:  Rudy...

GIULIANI:  Plenty more.

BARTIROMO:  Rudy Giuliani.

Coming up, GOP Leader Kevin McCarthy on expanding the GOP reach in the House with more women, veterans, minorities -- why he says the public has rejected Nancy Pelosi and the radical left, as we look ahead on "Sunday Morning Futures."

Stay with us.

(COMMERCIAL BREAK)

BARTIROMO:  Welcome back.

Big victories in the 2020 congressional races, with early numbers showing that the GOP gained at least four million new voters, with President Trump receiving more non-white votes than any Republican candidate in 60 years.

House Republicans are also expecting up to 13 new seats with victories for incoming women, veterans, minorities.

House Minority Leader Kevin McCarthy joins me right now.

And, Congressman, it's great to see you this morning. Thanks very much for joining us.

And this morning, we're learning of another victory, Darrell Issa in California's 50th District winning his race.

Assess the situation for us. And, before that, maybe you want to comment on what you just heard from Rudy Giuliani in terms of this active litigation that is to come, with lawsuits dropping tomorrow, Congressman.

REP. KEVIN MCCARTHY (R-CA):  Well, what we need in the presidential race is to make sure every legal vote is counted, every recount is completed, and every legal challenge should be heard, then, and only then, that America will decide who won the race.

Remember, Maria, we are less than 21,000 votes away where the House, we could win the majority. There are a number of seats, 10 seats that are still sitting out there. Republicans are leading in three. They haven't called any of those. So, why would you call the presidential race first?

Remember the framework. I was on your show just the Sunday before the election. They said, in the House, Republicans would lose 15 to 20 seats.

BARTIROMO:  Right.

MCCARTHY:  Every pollster said that, Speaker Pelosi and Steny Hoyer.

They also said we would lose the Senate and we would lose legislatures as well. What happened? We didn't lose one incumbent. We won every seat, except one open. We won 28 of the 29 most competitive seats that Nate Silver laid out there. We are gaining and less than 21,000 votes away.

We didn't lose the Senate. We didn't lose one control of any legislature.

Actually, Republicans gained three new legislatures of control of. And we have had the most competitive presidential race in our modern history.

That's why every vote should be counted, every recount to go forward, and every challenge should be heard, because, if it's still good to keep going on these congressional seats, bearing them out, I think we should actually do that as well for the highest office in the land.

BARTIROMO:  Well, I think you make a really good point, particularly after the media has taken us down many rabbit holes before, Russia collusion, obstruction, an impeachment trial based on no crime, and then a Democratic blue wave, and now, of course, this.

Let me ask you about Nancy Pelosi. She has sent a letter out to members asking for their support. She wants to get reelected as speaker of the House. What does that mean for you? And will she stay as speaker, in your view?

MCCARTHY:  Well, we will only know in January, because, to become speaker, you have to have 218 votes on the floor.

When she went up for that vote two years ago, there were 15 Democrats who voted against her. Ten of those Democrats will be coming back to Congress.

If those 10 vote against her again, she will not be speaker of the House, because she won't have 218 because of the gains of the Republicans.

We are close enough now that we can control the floor, with a few Democrats joining with us. Remember what the -- remember what America just said. They rejected the socialism. We won from Miami to New York to Minnesota to California.

We won by Republican women winning. We will have more women in Congress as Republicans than in the history of Congress. That says something about what President Trump has been able to do to expand this party, bring diversity.

And that brings strength. The same thing that brings strength to America, diversity, is now in the Republican Party as well.

BARTIROMO:  Well, that's great news.

Is she facing the extreme left in terms of how to govern? Maybe it's better for you to become speaker in two years if she stays in place. Tell me about the infighting going on, on the other side?

MCCARTHY:  Well, I think it's better for America the sooner a Republican becomes speaker.

But she has got internal fights, because she promised them that she would win enough seats that they would keep the majority this time and next time.

Now, everything -- not one won.

BARTIROMO:  OK.

MCCARTHY:  They only lost. They didn't defeat one Republican.

And now, in their own conference call, and they are calling it a dumpster fire. They're yelling at one another whether they should call themselves socialists or not.

And think about who lost. The former secretary of health and (AUDIO GAP) herself a pragmatic socialist. And, then, look, we defeated a sitting chairman of the committee as well.

BARTIROMO:  OK.

Congressman, it's good to see you this morning. Thanks very much, Minority Leader Kevin McCarthy.

We will take a break.

When we come back, Senator Lindsey Graham is here with brand-new never- before-seen evidence of 2020 voter fraud. Wait until you see what he says proves fraud and why he believes the president should not concede -- when we come back.

(COMMERCIAL BREAK)

BARTIROMO:  Welcome back.

My next guest joins us fresh off of his own reelection victory in South Carolina. His win brings the Republicans one seat closer to holding onto the Senate majority in a battle that will likely be decided by two Georgia run-offs, races, on January 5.

Joining me right now is Senator Lindsey Graham.

Senator, congratulations on your fourth term.

SEN. LINDSEY GRAHAM (R-SC):  Thank you.

BARTIROMO:  Good morning to you.

GRAHAM:  Thank you. Thank you.

BARTIROMO:  I want to talk to you about the balance of the Senate in a moment.

But, first, let me get your reaction to the media declaring Joe Biden the 46th president. And tell us about the evidence that you have of dead people voting in this past election.

GRAHAM:  Well, number one, this is a contested election.

The media doesn't decide who becomes president. If they did, you would never have a Republican president forever. So, we're discounting them.

So, what happened? The Trump team has canvassed all early voters and absentee mail-in ballots in Pennsylvania. And they have found over 100 people they think were dead, but 15 people that we verified that have been dead who voted.

But here is the one that gets me. Six people registered after they died and voted. In Pennsylvania, I guess you're never out of it.

If Republicans don't challenge and change the U.S. election system, there will never be another Republican president elected again. President Trump should not concede. We're down to less -- 10,000 votes in Georgia. He's going to win North Carolina. We have gone from 93,000 votes to less than

20,000 votes in Arizona, where more -- more votes to be counted.

There are allegations of system failure, fraud. John James, do not concede.

These computers in Michigan do not pass the smell test. Keep fighting for every legal and live vote.

BARTIROMO:  Well, Senator, you were briefed by the campaign yesterday.

GRAHAM:  Yes.

BARTIROMO:  And one thing that we spoke about over the phone this weekend was this postal worker who has a sworn affidavit...

GRAHAM:  Yes.

BARTIROMO:  ... saying that supervisors were backdating ballots.

What can you tell us about that?

GRAHAM:  Right.

The FBI is investigating it, along with a postal inspector. And our committee will be talking to this gentleman. I don't know where that goes.

But I do know that we have evidence of six people in Pennsylvania registering after they died and voting after they died. And we haven't looked at the entire system.

So, to my Republican colleagues out there, we have to fight back, or we will accept our fate. I want Pennsylvania to explain to the American people how six people after they die can register and vote in Pennsylvania. I want the computer systems in Michigan that flipped votes from Republicans to Democrats to be looked at.

And the software was used all over the country. There's a lot of shenanigans going on here. If I were President Trump, I would take all this to court. I'd fight back. And from a Republican point of view, mail-in balloting is a nightmare for us. The post office is now the new election center.

It's the Wild Wild West when it comes to mail-in balloting. Everything we worried about has come true. So, if we don't fight back in 2020, we're never going to win again presidentially. A lot is at stake here.

BARTIROMO:  Senator, you sent a letter to Attorney General Bill Barr and Director Wray...

GRAHAM:  Yes.

BARTIROMO:  ... saying that your office has received the affidavit from Richard Hopkins, the postal worker in Erie, Pennsylvania.

What are you going to do with this evidence? What are you expecting the DOJ to do?

GRAHAM:  Well, they already talked to him. I know that. And we will try to interview the gentleman. That's an allegation. We will see if it withstands scrutiny.

I know we have got evidence of dead people voting in Pennsylvania. I know we have evidence of computers flipping Republican votes to Democratic votes. There's a lot of things being alleged out there that need to be looked at.

The media could give a damn how Trump loses, as long as he loses. They declared Biden the winner. They will never take any of this stuff seriously. They have just shut out all Crossfire Hurricane oversight. The bottom line is, we can't let the media run America.

We have to fight back. We have to go to court. We have to hold the people's feet to the fire in these states. And, statistically, Biden got more votes than Obama in a few areas of the country and only in a few areas. How could that be? Why did he get more votes than Obama in areas that mattered -- that decided the election, and not other parts of the country?

There's so much to be looked at.

BARTIROMO:  Yes.

GRAHAM:  And I'm hell-bent on looking at it. Do not accept the media's declaration of Biden. Fight back.

BARTIROMO:  Well, you know, you make a good point, because you could look at that, the fact that he got more votes than President Obama.

(LAUGHTER)

BARTIROMO:  You could also look at the fact that you did so well.

Your opponent raised $57 million in the third quarter alone, shattering Senate records.

GRAHAM:  Right.

BARTIROMO:  Voters voted you to a reelection term.

GRAHAM:  Right. Yes.

BARTIROMO:  And the same that we just heard with Kevin McCarthy. It's odd to me that that would happen, and President Trump still loses.

Tell me about the Georgia run-offs in January. This is critical in terms of whether or not, if Joe Biden is the president, he will be able to get through some of those progressive policies that many people are afraid of, like big spending programs and big tax increases.

GRAHAM:  Yes, right.

Well, the most valuable player for the congressional races in 2020 is Donald Trump. The campaign that President Trump ran, all these rallies, getting Barrett on the court, energized Republicans. And House members -- we picked up seats in the House.

How can you pick up seats in the House and hold the Senate, and Trump lose?

So, I can tell you right now, President Trump helped me in South Carolina.

He helped Tillis. He helped us all.

So, the bottom line is, House Republicans have increased their majority.

They can slow down the radical agenda coming out of the House. But Senate Republicans can kill it and stop it. If we pick up these two Republican seats in Georgia, we have the ability to stop the most radical agenda in the history of the United States.

Kevin McCarthy can slow it down. Mitch McConnell and Lindsey Graham and others can stop it, only if we win Georgia. We have to win these two seats in Georgia. I'm confident that we will.

To the people of Georgia, the future of America is in your hands. Do you want a socialized America? If you don't, speak up and support our Republican candidates. Checks and balances are needed now more than ever.

BARTIROMO:  We only have a couple seconds here.

So, are you committing, right here, right now, that you will stop any progressive plans that come to you? You will vote no to $4.3 trillion in tax increases? You will vote no to the Green New Deal? Is that what you're committing to right here?

GRAHAM:  You can take it to the bank. I ran on it. I won overwhelmingly, being an impediment, a block to the most radical...

BARTIROMO:  OK.

GRAHAM:  ... domestic agenda in the history of the country.

We will kill it dead in the Senate if you give us the majority. We will work with Biden if he wins.

BARTIROMO:  OK.

GRAHAM:  But Trump has not lost.

Do not concede, Mr. President. Fight hard.

BARTIROMO:  OK, Senator, great to see you this morning. Thank you so much.

We're going to take a break.

When we come back, I will be talking with Senator Ted Cruz on why he says it is not the national media that decides the president. He's going to talk to us about this pending litigation, what that could mean, the serious disputes moving through the federal court system, plus, what he says about the Georgia run-off that will determine the balance of power in the Senate.

Stay with us right after this.

(COMMERCIAL BREAK)

BARTIROMO:  Well, welcome back.

As you heard this weekend, the media reporting that Joe Biden will become the 46th president of the United States, even as the 2020 election is ongoing, with federal lawsuits pending in several states. And, as Rudy Giuliani told us earlier in the program, more are coming.

This as Georgia heads toward a recount. The results in Wisconsin and Michigan are also being contested, breaking news this morning from Rudy Giuliani, the president's attorney.

Senator Ted Cruz sits on the Senate Judiciary Committee. He was part of President George W. Bush's 2000 Florida recount team.

And, Senator, it is always an honor to have you on this program. Thanks for being here.

SEN. TED CRUZ (R-TX):  Good morning, Maria. It's good to be with you.

BARTIROMO:  First, assess where we are. You heard this weekend what we saw, in terms of president-elect and vice president-elect from the media.

What do you believe is the status of this race?

CRUZ:  Well, I think that is way premature.

At this point, we do not know who has prevailed in the election. The media is desperately trying to get everyone to coronate Joe Biden as the next president. But that's not how it works. The media does not get to select our president. The American people get to elect our president.

And, at this point, we have got numerous states that are very closely and vigorously contested, from Pennsylvania, to Georgia, to Arizona, to New Mexico, to Michigan, to Wisconsin. In all of those states, there are serious disputes about the vote totals. And there's a legal process to resolve those disputes.

So, at this point, we should allow the rule of law to operate. We should allow the legal process to move forward. And when that process is concluded, which it will be in a matter of weeks, we will know who prevailed in the elections.

But the fact that the big -- big newsrooms in New York City want Donald Trump to lose, they don't get to decide that. That's a question for the voters.

BARTIROMO:  We are looking at multiple recounts in multiple states.

We just heard from Rudy Giuliani. He's going to be dropping a lawsuit in Pennsylvania tomorrow, other lawsuits throughout the week. He said, by the end of the week, he will have five lawsuits. And there are 10 states, he says, that are potentially stolen, 800,000 votes in question, according to Rudy Giuliani.

Walk us through the process. You are a constitutionalist, an expert on the Supreme Court. How does this work, in terms of the federal court system, with these lawsuits pending?

CRUZ:  Well, we have seen multiple lawsuits already filed. I expect there will be more lawsuits filed probably in each of those states that I mentioned and maybe more.

We may well see states -- cases filed both in state court and in federal court. We will have trials on the matters that are contested. And the purpose of a trial is to hear evidence. We're hearing lots of allegations of a dead person voted. We heard a report from one county in Michigan where the election software mistakenly counted 6,000 votes that were cast for Donald Trump. It switched them to Joe Biden.

Now, they apparently caught that. But that same software is used in 47 counties throughout Michigan. That needs to be examined to determine that there's not a problem counting the votes. And the legal process is how you resolve those questions.

You know, one of the frustrating things, just as an American watching this, is, you hear all these allegations of what's going on, and it's hard to know what the facts are. It's hard to know what the truth is.

Well, we have a process for ascertaining the truth, which is that you can go and present evidence and test it in a court of law. And then those appeals will go up both through the state and federal appellate system, and in this case could very easily end up at the U.S. Supreme Court.

You mentioned Bush vs. Gore, which I was part of representing then-governor George W. Bush. In the course of 36 days, we had multiple cases throughout the state of Florida. It went twice to the Florida Supreme Court. It went twice to the U.S. Supreme Court. It took 36 days to resolve, and we got an answer.

I would expect a similar process to play out here, despite the media trying to tell everyone, give up, go home, we know who we want to win.

That's not how it works. We need to follow the law, and that means allowing the legal process to play out.

BARTIROMO:  So, we did not learn about the results from Gore vs. Bush until December of that year, right?

CRUZ:  Yes, that's right.

And if you look at the federal statute that governs the timing of presidential elections, it actually anticipates there will be recounts, that there will be contested litigation.

If you look at the federal statute, December 12 is the date that the electors meet to vote. December 8 is what's called the safe harbor deadline, which is that any contest election before that, if it's resolved, that resolution is presumed valid.

So, the federal statute anticipates that there are going to be contests, there are going to be recounts.

And here is one dynamic that's important to understand, that, particularly in this COVID time, this has been a strange election. On Election Day, Donald Trump won a large majority of the votes counted on Election Day.

That was true throughout the country.

With mail-in votes that were early votes, Joe Biden won a significant majority of the mail-in votes that came in. Now, in several states, we're going to see a recount process. A recount process, you look at those votes, you determine if they're accurate, if they're fraudulent, if they have sufficient signatures, if they meet the statutory standards for a legal vote.

What is interesting is, historically, mail-in votes are much more likely to be disqualified in a recount than in-person votes.

BARTIROMO:  I see.

CRUZ:  Generally, in-person votes, they're conducted at the polling place, and then they usually stand.

BARTIROMO:  Yes.

CRUZ:  That means what we're likely to see in the next few weeks, as the recounts go forward, is that Joe Biden's very, very narrow majorities in some of these states, those -- those totals are likely to drop if we see mail-in votes when they're examined being invalidated as contrary to the law.

And so we could easily see -- I believe President Trump still has a path to victory. And that path is to count every single legal vote that was cast, but also not to cast any votes that were fraudulently cast or illegally cast. And we have a legal process to determine what's legal and what isn't.

BARTIROMO:  Understood.

I want to switch gears, ask you about the balance of power in the Senate ahead of these run-off races in January in Georgia. If you have Chuck Schumer as majority leader, what does that look like? Tell me about the importance of this January run-off race, what it will mean for kitchen table issues for all of us.

CRUZ:  Well, the next two months are extraordinarily important.

It looks like right now in the Senate we're 52-48. The media still hasn't called North Carolina, Thom Tillis, but it looks like Thom has a significant lead and is going to win that race.

If that's the case, it means there are two Republican senators in a run-off in Georgia. That run-off is going to occur on January 5. If the total is 52-48, if the Democrats win both of those seats, we have a Democratic Senate, assuming Joe Biden is president and Kamala Harris is vice president.

If the Democrats win Georgia, they have a majority. If Republicans win, we have a majority.

I cannot overstate how important to the country those two seats are. I will be traveling to Georgia. I have spoken with both David Perdue and Kelly Loeffler, the two senators. I have told them I'm all in.

BARTIROMO:  Yes.

CRUZ:  Every -- anything I can do to help, the answer is yes.

BARTIROMO:  Yes.

CRUZ:  And the difference, if we have a Chuck Schumer Senate and a Joe Biden presidency, they will pack the U.S. Supreme Court, they will end the filibuster, they will pass massive tax increases.

They will pass the Green New Deal, destroying millions of jobs. If we have a Republican Senate, none of that happens. And so it really is -- by the way, if they have a Democratic Senate, they will add two new states to the country to give them, they believe, four new Democratic Senators.

BARTIROMO:  Wow.

CRUZ:  So, if you want a check...

BARTIROMO:  Yes.

CRUZ:  Hopefully, Joe Biden does not prevail at the end of this.

BARTIROMO:  Yes.

CRUZ:  But if you want a check on Joe Biden, if you don't want to go over the edge to the socialist abyss, Georgia is the big enchilada.

I'm going to be there.

BARTIROMO:  Understood. OK.

CRUZ:  And everyone who wants to see some semblance of calm and reason and sanity, Georgia is the battle where that's going to be determined.

BARTIROMO:  Understood.

Senator, it's great to see you.

And pick up the Senator's book, "One Vote Away."

Senator Ted Cruz, good to see you this morning. Thank you, sir.

We will be right back with Sidney Powell on that software you have heard about this morning.

(COMMERCIAL BREAK)

BARTIROMO:  Welcome back.

President Trump's legal team, as you have been hearing this morning, is preparing for all-out war, beginning with a slew of new lawsuits this week, beginning with one in Pennsylvania tomorrow, along with what our next guest says is evidence of voter fraud.

Sidney Powell is General Michael Flynn's attorney. She's fighting on the front lines of this battle as part of the president's legal team.

Sidney, good morning to you. Thank you for being here.

Can you walk us through what has taken place here...

SIDNEY POWELL, ATTORNEY FOR MICHAEL FLYNN:  Good morning, Maria.

BARTIROMO:  ... as you see it?

POWELL:  Yes.

There has been a massive and coordinated effort to steal this election from we the people of the United States of America, to delegitimize and destroy votes for Donald Trump, to manufacture votes for Joe Biden.

They have done it in every way imaginable, from having dead people vote in massive numbers, to absolutely fraudulently creating ballots that exist only voting for Biden. We have identified at least 450,000 ballots in the key states that miraculously only have a mark for Joe Biden on them, and no other candidate.

And if you look at Florida, where things were done right, you can see that that's how the rest of the country should have gone. But they also used an algorithm to calculate the votes they would need to flip. And they used the computers to flip those votes from Biden to -- I mean, from Trump to Biden and from other Republican candidates to their competitors also.

I think Doug Collins had the race stolen from him. I think John James had his race stolen from him. It wasn't just President Trump. There were many people affected by this.

We have got to fight tooth and nail in federal court to expose this abject fraud and the conspiracy behind it, and get a recount and audits in every place it's needed, which is, frankly, most of the country.

BARTIROMO:  So, there are recounts going on right now. We know that, in Georgia.

You have a list of numbers of ballots with only Joe Biden on the ticket.

You say it's 98,000 ballots in Pennsylvania, 80,000 to 90,000 in Georgia, another 42,000 in Arizona, 69,000 to 115,000 in Michigan, and 62,000 in Wisconsin.

Sidney, if this is true, this appears systemic. Where is the Department of Justice? Where is the A.G., Bill Barr? If this is so obvious, then why aren't we seeing massive government investigation?

POWELL:  I don't know. We definitely should be.

I mean, we're getting reports of all kinds of fraud. We have got a -- getting an affidavit from a postal worker now who talks about having been ordered to backdate ballots. No ballots received after the polls closed on voting day should even be counted.

We have got multiple states that didn't even follow the rules of their own legislature. That's a federal constitutional issue. There are at least three major federal issues here that will require the Supreme Court to resolve these -- this case.

BARTIROMO:  OK.

POWELL:  And when the votes are really audited, and the real votes are counted, Trump will win. He is the president, and he is in charge of this country.

BARTIROMO:  Sidney, I want to ask you about these algorithms and the Dominion software. I understand Nancy Pelosi has an interest in this company.

Let's take a break. We will come back with that.

I'm talking with Sidney Powell this morning on her legal strategy.

Stay with us.

(COMMERCIAL BREAK)

BARTIROMO:  Welcome back.

I'm back with Sidney Powell, who is part of President Trump's legal team in contesting this election.

Sidney, we talked about the Dominion software. I know that there were voting irregularities. Tell me about that.

POWELL:  That's put it mildly.

The computer glitches could not and should not have happened at all. Those

-- that's where the fraud took place, where they were flipping votes in the computer system, or adding votes that did not exist. We need an audit of all of the computer systems that were -- played any role in this fraud whatsoever.

And Joe Biden had it right. He said that he had the biggest voter fraud organization ever and he didn't need people's votes now. He would need people later. They had this all planned, Maria. They had the algorithms.

They had the paper ballots waiting to be inserted, if and when needed.

And, notably, President Trump's vote in the blue states went up enormously.

That's when they had to stop the vote count, and go in and replace votes for Biden and take away Trump votes.

BARTIROMO:  I have never seen voting machines stop in the middle of an election, stop down, and assess the situation.

I also see reports that Nancy Pelosi's longtime chief of staff is a key executive at that company, Richard Blum, Senator Feinstein's husband, significant shareholder of the company.

What can you tell us about the interest on the other side of this Dominion software?

POWELL:  Well, obviously, they have invested in it for their own reasons and are using it to commit this fraud to steal votes.

I think they have even stolen them from other Democrats in their own party, who should be outraged about this also.

BARTIROMO:  Wow.

POWELL:  Bernie Sanders might very well have been the Democratic candidate.

But they have stolen against whoever they wanted to steal it from.

BARTIROMO:  Sidney, these are incredible charges that you are making this morning. We, of course, will be following this.

And we thank you for joining me today. Please come back soon, Sidney Powell.

That'll do it for "Sunday Morning Futures."

The conversation continues. I will see you tomorrow, "Mornings With Maria"

on FOX Business.

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